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.

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S3952-2013 Actions

• Feb 28, 2013: REFERRED TO CHILDREN AND FAMILIES

S3952-2013 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.

S3952-2013 Text

                      S T A T E   O F   N E W   Y O R K
  ________________________________________________________________________

                                    3952

                         2013-2014 Regular Sessions

                              I N  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.

   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
                                                             LBD02381-01-3

 S. 3952                             2

    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.