Requires persons in parental relation to an individual or a person required to attend school to submit proof of age and parental relation to school in which individual is enrolled; requires school superintendent to make inquiry of statewide central register for missing children if such information is not provided and the individual may be a missing child; requires records of age and parental relation to be maintained by schools pursuant to regulations of the commissioner of education; requires transfer of such records upon transfer of minor to another school; requires notification of law enforcement if there is an appearance of custodial interference.
TITLE OF BILL: An act to amend the education law, in relation to information concerning minor school children enrolling in and transferring to schools
PURPOSE: This bill would require schools to gather certain parental information and records when enrolling a minor child in school and would require superintendents or their agents to access the statewide register of missing children upon a suspicion that the child is a victim of kidnapping or custodial interference.
SUMMARY OF PROVISIONS: The Education Law would be amended requiring schools to ascertain the relationship between the minor child and the individual enrolling the child into school. School superintendents or their agents would be required to check the statewide register of missing children upon any suspicion that the child is a victim of a kidnapping or custodial interference. The Education Law would be further amended to require schools to request, within 15 days of a minor child's enrollment, that the child's previous school forward his/her records. Schools would be required to notify law enforcement agents if either: a) a child has withdrawn from school during the school term, and the school has not received an official request for the child's records within 30 days, or 90 days from the end of the term; or b) a child has not attended school for 5 consecutive days' and his/her whereabouts cannot be ascertained, School superintendents or their agents will be permitted to access the statewide register for missing children upon any suspicion of custodial interference or kidnapping. The Executive Law would be amended by creating a new paragraph (f) to include school superintendents or authorized agents among those authorized access to the statewide central register of missing children.
JUSTIFICATION: The issue of missing children continues to be a very serious problem within the State. This legislation is an attempt to assist authorities in locating missing children by monitoring the school systems. Upon an abduction or custodial interference of a minor child, the abductor or non-custodial parent usually enrolls the child into a new school. Failure to enroll the minor child in school would arouse suspicion among friends and neighbors. By requiring documentation of familial relationships and school records upon enrollment, it will be easier to trace the movements of our children. Furthermore, permitting school officials to access the statewide register of missing children upon suspicion of kidnapping and requiring immediate notification to law enforcement agencies of any confirmed suspicions will more expeditiously identify and return missing children to their custodial parent(s).
LEGISLATIVE HISTORY: S.1415/A.10545 of 2009/2010; Referred to Education S.4402 2007/2008; Referred to Education Committee
FISCAL IMPLICATIONS:; None.
EFFECTIVE DATE: The first of September following enactment into law.
STATE OF NEW YORK ________________________________________________________________________ 180 2011-2012 Regular Sessions IN SENATE (PREFILED) January 5, 2011 ___________Introduced by Sen. MAZIARZ -- read twice and ordered printed, and when printed to be committed to the Committee on Education AN ACT to amend the education law, in relation to information concerning minor school children enrolling in and transferring to schools THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The opening paragraph and paragraph a of subdivision 2 of section 3212 of the education law, the opening paragraph as amended by chapter 919 of the laws of 1974 and paragraph a as amended by chapter 690 of the laws of 1994, are amended to read as follows: Every person in parental relation to another individual
[included]OR A MINOR REQUIRED TO ATTEND UPON INSTRUCTION by the provisions of THIS part [one of this article]: a. Shall submit at the time such individual IS NEWLY REGISTERED IN A SCHOOL DISTRICT IN WHICH THEY WERE NEVER PREVIOUSLY REGISTERED begins to attend upon instruction evidence of (I) age as required for the issuance of an employment certificate AND (II) THE NATURE OF THE PARENTAL RELATIONSHIP AS DEFINED IN SUBDIVISION ONE OF THIS SECTION, or show that such evidence cannot be produced. [When such evidence cannot be produced, or when circumstances exist which reasonably indicate that such individual may be a missing child, the superintendent of schools or his or her authorized representative shall report and make inquiry to the statewide central register for missing children pursuant to section eight hundred thirty-seven-e of the executive law. If such child appears to match a child registered with the statewide central register for missing children, or one registered with the national crime information center register, the superintendent or his or her authorized represen- tative shall immediately contact the local law enforcement authority. No civil or criminal liability shall arise or attach to any school district or employee thereof for any act or omission to act as a result of, or inS 2. Section 3212 of the education law is amended by adding a new subdivision 5-a to read as follows: 5-A. DUTIES OF THE SUPERINTENDENT. WHENEVER A PERSON IN PARENTAL RELATION TO A MINOR CANNOT PRODUCE THE EVIDENCE REQUIRED, PURSUANT TO PARAGRAPH A OF SUBDIVISION TWO OF THIS SECTION, OR REFUSES TO PROVIDE THE INFORMATION REQUESTED PURSUANT TO SECTION THIRTY-TWO HUNDRED TWELVE-B OF THIS PART OR WHEN SUCH PERSON FAILS TO SHOW THAT SUCH EVIDENCE CANNOT BE PRODUCED, OR WHEN CIRCUMSTANCES EXIST WHICH REASON- ABLY INDICATE THAT SUCH INDIVIDUAL MAY BE A MISSING CHILD, THE SUPER- INTENDENT OF SCHOOLS OR HIS AUTHORIZED REPRESENTATIVE SHALL MAKE INQUIRY TO THE STATEWIDE CENTRAL REGISTER FOR MISSING CHILDREN PURSUANT TO SECTION EIGHT HUNDRED THIRTY-SEVEN-E OF THE EXECUTIVE LAW. IF SUCH CHILD APPEARS TO MATCH A CHILD REGISTERED WITH THE STATEWIDE CENTRAL REGISTER FOR MISSING CHILDREN, OR ONE REGISTERED WITH THE NATIONAL CRIME INFORMA- TION CENTER REGISTER, THE SUPERINTENDENT OR HIS AUTHORIZED REPRESEN- TATIVE SHALL IMMEDIATELY CONTACT THE LOCAL LAW ENFORCEMENT AUTHORITY. NO CIVIL OR CRIMINAL LIABILITY SHALL ARISE OR ATTACH TO ANY SCHOOL DISTRICT OR EMPLOYEE THEREOF FOR ANY ACT OR OMISSION TO ACT AS A RESULT OF, OR IN CONNECTION WITH, THE DUTIES OR ACTIVITIES AUTHORIZED OR DIRECTED BY THIS SUBDIVISION. S 3. Section 3212-a of the education law, as added by chapter 473 of the laws of 1977, is amended to read as follows: S 3212-a. RecordsEXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD01646-01-1 S. 180 2
connection with, the duties or activities authorized or directed by this paragraph.]
[of telephone numbers]. 1. Each school shall maintain a record of the telephone number of each pupil enrolled in the school and each person in parental relation to such pupil including the residential and business telephone numbers of persons in parental relation to pupils unless such person or pupil chooses not to supply such numbers. The record of such telephone numbers shall, except as otherwise provided by law, be accessible solely for emergency purposes. 2. [The provisions of this section shall not be applicable in any school district in which the board of education has adopted a resolution providing that the record otherwise required hereby shall not be main- tained.]RECORDS OF THE EVIDENCE OR THE EXPLANATION REQUIRED, PURSUANT TO PARAGRAPH A OF SUBDIVISION TWO OF SECTION THIRTY-TWO HUNDRED TWELVE OF THIS PART, SHALL BE RETAINED, IN ACCORDANCE WITH RULES AND REGU- LATIONS TO BE PROMULGATED BY THE COMMISSIONER, AT THE SCHOOL OF ATTEND- ANCE OR IN A CENTRAL DISTRICT REPOSITORY FOR SUCH RECORDS. THE RULES AND REGULATIONS SHALL INCORPORATE STANDARDS OF USE AND ACCESS WHICH ARE IN CONFORMITY WITH THE FAMILY EDUCATIONAL AND PRIVACY RIGHTS ACT (20 U.S.C. 1232G). S 4. The education law is amended by adding a new section 3212-b to read as follows: S 3212-B. TRANSFER OF PUPILS. 1. UPON FIRST TIME ENROLLMENT OF A MINOR IN A SCHOOL DISTRICT, A SCHOOL DISTRICT SHALL REQUEST OF THE PERSON IN PARENTAL RELATION TO SUCH MINOR THE NAME AND ADDRESS OF THE SCHOOL PREVIOUSLY ATTENDED BY SUCH MINOR. THE ENROLLING SCHOOL SHALL, WITHIN FIFTEEN CALENDAR DAYS, REQUEST IN WRITING THAT THE SCHOOL RECORDS OF SUCH MINOR BE SENT BY THE SCHOOL DISTRICT PREVIOUSLY ATTENDED TO THE SCHOOL DISTRICT IN WHICH THE MINOR IS BEING ENROLLED. 2. A SUPERINTENDENT OF SCHOOLS OR HIS AUTHORIZED REPRESENTATIVE SHALL FURNISH TO THE LOCAL LAW ENFORCEMENT AGENCY THE NAME OF, AND ANY OTHER PERTINENT INFORMATION REGARDING, ANY MINOR ENROLLED IN A SCHOOL IN HIS DISTRICT IF THE PERSON IN PARENTAL RELATION TO A MINOR, OR ANY OTHER PERSON, WITHDRAWS THE CHILD FROM SCHOOL AND THE SCHOOL DOES NOT RECEIVES. 180 3
AN OFFICIAL REQUEST FOR THE RECORDS OF SUCH MINOR WITHIN THIRTY CALENDAR DAYS IF THE WITHDRAWAL OCCURS DURING THE SCHOOL YEAR, OR WITHIN NINETY CALENDAR DAYS IF THE WITHDRAWAL OCCURS AT THE END OF THE SCHOOL YEAR. 3. NO CIVIL OR CRIMINAL LIABILITY SHALL ARISE OR ATTACH TO ANY SCHOOL DISTRICT OR EMPLOYEE THEREOF FOR ANY ACT OR OMISSION TO ACT AS A RESULT OF, OR IN CONNECTION WITH, THE DUTIES OR ACTIVITIES AUTHORIZED OR DIRECTED BY THIS SECTION PROVIDED SUCH SCHOOL DISTRICT OR ACTING EMPLOY- EE HAS MADE A DOCUMENTED EFFORT BY TELEPHONE OR OTHERWISE TO CONTACT SUCH PARENT OR GUARDIAN IN THE EVENT THAT A CHILD IS SO ABSENT. S 5. This act shall take effect on the first of September next succeeding the date on which it shall have become a law.