Bill S3952-2013

Relates to a parent's right to know if an employee, volunteer or an administrator of a school district is reprimanded for inappropriate conduct towards their child

Relates to a parent's right to know if an employee, volunteer or an administrator of a school district is reprimanded for inappropriate conduct towards his or her child; enacts "parent's right to know" act.

Details

Actions

  • Jan 8, 2014: REFERRED TO CHILDREN AND FAMILIES
  • Feb 28, 2013: REFERRED TO CHILDREN AND FAMILIES

Memo

BILL NUMBER:S3952

TITLE OF BILL: An act to amend the education law, in relation to the parent's right to know of allegations of inappropriate conduct by a school district employee, volunteer or administrator

PURPOSE: To strengthen the framework for the reporting of suspected in-school child abuse to include a requirement for parental notification.

SUMMARY OF PROVISIONS:

Section 1: Amends the Education Law by creating a new article 23-C establishing the "Parent's Right to Know Act" which provides that every public school district or any school registered with the New York State Education Department shall, within 60 days of enactment of this law, adopt a policy which shall provide notification to a parent or legal guardian whenever a school employee, volunteer or administrator has been given a written censure, reprimand or otherwise has been advised in writing regarding inappropriate conduct with respect to a child by the Superintendent or the School Board.

Section 2: Effective date.

JUSTIFICATION: The establishment of the Parent's Right to Know Act reaffirms the critical need for parents to be fully involved as partners with our educators in ensuring the well-being of our children. Currently, Article 23-B of the Education Law provides the framework for the reporting of suspected child abuse, however there is room for strengthening parental notification requirements for inappropriate conduct. With this legislation, if a Superintendent of Schools or a School Board Member advises an employee, volunteer, or an administrator about noticed inappropriate conduct to a student or students--the parent should be notified. The public school district or any other school which serves students under the age of 18 will be responsible for adopting a policy or procedure to provide such notification to the parents.

LEGISLATIVE HISTORY:

S.5137 of 2006: Died in Senate Education Committee, Died in Assembly Education Committee S.5137 of 2005: Died in Senate Education Committee, Died in Assembly Education Committee

FISCAL IMPLICATIONS: None to the state.

LOCAL FISCAL IMPLICATIONS: While this legislation broadens the reporting framework, no significant local fiscal impacts are anticipated.

EFFECTIVE DATE: This act shall take effect immediately.


Text

STATE OF NEW YORK ________________________________________________________________________ 3952 2013-2014 Regular Sessions IN SENATE February 28, 2013 ___________
Introduced by Sen. BONACIC -- read twice and ordered printed, and when printed to be committed to the Committee on Children and Families AN ACT to amend the education law, in relation to the parent's right to know of allegations of inappropriate conduct by a school district employee, volunteer or administrator THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The education law is amended by adding a new article 23-C to read as follows: ARTICLE 23-C PARENT'S RIGHT TO KNOW ACT SECTION 1134. SHORT TITLE. 1135. DEFINITIONS. 1136. PARENT'S RIGHT TO KNOW. S 1134. SHORT TITLE. THIS ARTICLE SHALL BE KNOWN AND MAY BE CITED AS THE "PARENT'S RIGHT TO KNOW ACT". S 1135. DEFINITIONS. FOR THE PURPOSES OF THIS ARTICLE THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS: 1. "EMPLOYEE" SHALL MEAN A SCHOOL BOARD MEMBER ACTING IN HIS OR HER CAPACITY AS A SCHOOL BOARD MEMBER, AS WELL AS ANY PERSON RECEIVING COMPENSATION FROM A SCHOOL DISTRICT OR EMPLOYEE OF A CONTRACTED SERVICE PROVIDER OR WORKER PLACED WITHIN THE SCHOOL UNDER A PUBLIC ASSISTANCE EMPLOYMENT PROGRAM, PURSUANT TO TITLE NINE-B OF ARTICLE FIVE OF THE SOCIAL SERVICES LAW, AND CONSISTENT WITH THE PROVISIONS OF SUCH TITLE FOR THE PROVISION OF SERVICES TO SUCH DISTRICT, ITS STUDENTS OR EMPLOY- EES, DIRECTLY OR THROUGH CONTRACT, WHEREBY SUCH SERVICES PERFORMED BY SUCH PERSON INVOLVE DIRECT STUDENT CONTACT. 2. "VOLUNTEER" SHALL MEAN ANY PERSON, OTHER THAN AN EMPLOYEE, WHO PROVIDES SERVICES TO A SCHOOL OR SCHOOL DISTRICT, WHICH INVOLVE DIRECT STUDENT CONTACT.
3. "ADMINISTRATOR" OR "SCHOOL ADMINISTRATOR" SHALL MEAN A PRINCIPAL, ASSISTANT PRINCIPAL, SUPERINTENDENT OR ASSISTANT SUPERINTENDENT OF A PUBLIC SCHOOL, CHARTER SCHOOL OR BOARD OF COOPERATIVE EDUCATIONAL SERVICES, OR OTHER CHIEF SCHOOL OFFICER. S 1136. PARENT'S RIGHT TO KNOW. EVERY PUBLIC SCHOOL DISTRICT, OR ANY OTHER SCHOOL WHICH PRIMARILY SERVES PERSONS UNDER THE AGE OF EIGHTEEN AND WHICH IS REGISTERED WITH THE DEPARTMENT SHALL, WITHIN SIXTY DAYS OF THE ENACTMENT OF THIS SECTION, ADOPT A POLICY WHICH SHALL PROVIDE FOR NOTIFICATION AS SOON AS REASONABLY PRACTICABLE TO A PARENT OR LEGAL GUARDIAN OF AN AFFECTED STUDENT OR STUDENTS OF INAPPROPRIATE CONDUCT BY AN EMPLOYEE, VOLUNTEER OR ADMINISTRATOR OF A SCHOOL DISTRICT WITH RESPECT TO A PARTICULAR STUDENT OR STUDENTS IN THE EVENT THAT THE SUPER- INTENDENT OF SCHOOLS, THE SCHOOL BOARD, OR ANY MEMBER OF THE SCHOOL BOARD ACTING WITH THE AUTHORIZATION OF SUCH BOARD, SUCH AUTHORIZATION TO HAVE BEEN PROVIDED DURING AN EXECUTIVE SESSION, PROVIDES A WRITTEN CENSURE, REPRIMAND, OR OTHERWISE IN WRITING ADVISES AN EMPLOYEE, VOLUN- TEER, OR AN ADMINISTRATOR OF THE SCHOOL DISTRICT OF SUCH PERSON'S INAP- PROPRIATE CONDUCT WITH RESPECT TO A PARTICULAR STUDENT OR STUDENTS. S 2. This act shall take effect immediately; provided, however, that this act shall not impair any provision of a collective bargaining agreement in effect prior to the effective date of this act which is contradictory to the provisions of this act. Any such provisions shall expire no later than on such agreements existing expiration date.

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