Notice and Reporting Requirements
Duties of Employees
The law imposes reporting requirements on teachers, administrators, school nurses, school guidance counselors, school psychologists, school social workers, other personnel required to hold a teaching or administrative license or certificate, licensed and registered physical therapists, occupational therapists and speech-language pathologists, teacher aides, school resource officers, school board trustees, any staff whose duties involve direct student contact and who is paid either by the District or contracted to provide transportation services to children or who is an employee of a contracted service provider or worker placed within the school under a public assistance employment program pursuant to Title 9-B of Article 5 of the Social Services Law.
When these employees of the District and others set forth above, or a school bus driver employed by a person or entity that contracts with the District to provide transportation services receive an allegation of child abuse by an employee or volunteer in an educational setting, they must take the following steps:
Upon receipt of an oral or written allegation of child abuse in an educational setting, the employee must promptly complete the “Child Abuse in an Educational Setting” report form available in each Principal’s office and the District office.
Upon completion of the report form, the employee must ensure that the school building administrator receives the report within 24 hours of when the child abuse allegedly occurred.
If the allegation(s) involves a child who was allegedly abused by an employee or a volunteer of a school in another school district, the employee must forward the report form to the superintendent of the school district of attendance and the school district where the abuse allegedly occurred within 24 hours of receipt of the report.
Duties of School Building Administrators
In all cases, upon receipt of a report form from the school building, an administrator must review the form and determine if there is reasonable suspicion to believe that an act of child abuse, as defined by law, has occurred. If the administrator finds reasonable suspicion to believe that an act of child abuse has occurred, additional steps must be taken which differ depending upon the individual who has made the allegation.
Child Makes the Allegation
Promptly notify the parent of the child that an allegation of child abuse in an educational setting has been made.
Promptly provide the parent with the written statement setting forth parental rights, responsibilities, and procedures prepared in accordance with the Commissioner’s regulations (8 NYCRR §100.2(hh)).
Promptly provide a copy of the completed report form to the Superintendent.
Promptly forward a copy of the completed report form to the appropriate law enforcement authorities. The report to law enforcement may not be delayed by reason of inability to contact the Superintendent.
Parent Makes the Allegation
Promptly provide the parent with the written statement setting forth parental rights, responsibilities, and procedures prepared in accordance with the Commissioner’s regulations (8 NYCRR §100.2(hh)).
Promptly provide a copy of the completed report form to the Superintendent.
Promptly forward a copy of the completed report form to the appropriate law enforcement authorities. The report to law enforcement may not be delayed by reason of inability to contact the superintendent.
Person other than the Parent or the Child Makes the Allegation
Promptly notify the parent of the child that an allegation of child abuse in an educational setting has been made.
Promptly provide the parent with the written statement setting forth parental rights, responsibilities, and procedures prepared in accordance with the Commissioner’s regulations (8 NYCRR §100.2(hh)).
Ascertain from the reporting employee the source and basis for the allegation and complete that portion of the report form.
Promptly provide a copy of the completed report form to the Superintendent.
Promptly forward a copy of the completed report form to appropriate law enforcement authorities. The report to law enforcement may not be delayed by reason of inability to contact the Superintendent.
Duties of Superintendent
In most cases, the school building administrator will receive the completed report form from an employee and will make the reasonable suspicion determination. However, there are situations in which the Superintendent will receive the report form directly and they will be responsible for making the reasonable suspicion determination such as:
Where the school building administrator receives the oral or written allegation and is required to complete the report form;
Where it is alleged that a child was abused by an employee or volunteer of a school other than a school within the school district where the child attends.
In addition, the Superintendent may receive an oral or written allegation of child abuse in an educational setting from local law enforcement officials or from child protective services. In these cases, the Superintendent would be responsible for completing the report form (https://www.nysed.gov/sites/default/files/programs/student-support-services/caes-report-of-allegation-form.docx) and, subsequently, making the reasonable suspicion determination.
If the Superintendent finds reasonable suspicion to believe that an act of child abuse has occurred, as defined by law, additional steps must be taken which differ depending on the individual who has made the allegation. With the exception of forwarding the completed report form to the Superintendent, the additional steps are the same as those stated above at the end of the “Duties of School Building Administrators” section.
In all cases where a completed report is forwarded to the appropriate law enforcement authorities and the employee or volunteer alleged to have committed an act of child abuse holds a certification or license issued by the NYS Education Department, the Superintendent must also refer such report to the Commissioner of Education.
Expungement
A report that does not, after investigation, result in a criminal conviction will be expunged from any record which may be kept by a school or school district with respect to the subject of such a report after a period of five years from the date of the making of such report or at such earlier time as such school or school district determines.
Penalty Provisions
The requirements set forth within the law are mandatory. Willful failure of an employee to prepare and submit a report form as required by the law is a Class A misdemeanor. The law also provides that a willful failure of a school building administrator or superintendent to forward a copy of the report form to the appropriate law enforcement authority is a Class A misdemeanor. In addition, the Commissioner of Education can also fine a school building administrator or a superintendent up to $5,000 for failure to forward a copy of the completed report form to the appropriate law enforcement authorities.
Immunity Provisions
The law provides immunity from civil liability for employees, volunteers, school building administrators, and superintendents who reasonably and in good faith make a report of child abuse in an educational setting in the manner described in the law. The law also provides immunity from civil liability to school building administrators and superintendents who reasonably and in good faith forward a copy of the report form to a person or agency as required by law and in the manner described in the law.
Confidentiality of Records
In general, the only persons authorized to receive the written report form and any related materials are the school building administrator and the Superintendent. The law requires that all reports, records, photographs, and other material submitted remain confidential and may not be disclosed except to law enforcement authorities involved in the criminal investigation of child abuse in an educational setting or as expressly authorized by law or pursuant to a court–ordered subpoena. Willful disclosure of a written record required to be confidential to a person not authorized to receive or review such record is a class A misdemeanor. The law requires that school building administrators and superintendents exercise reasonable care to prevent unauthorized disclosure.
Unreported Resignations or Voluntary Suspensions
The law prohibits school building administrators or superintendents from agreeing to withhold from the appropriate law enforcement authorities, a superintendent or the Commissioner of Education, where appropriate, an allegation of child abuse in an educational setting on the part of any employee or volunteer as required by law, in return for the resignation or voluntary suspension of the alleged perpetrator. Violation of this prohibition can result in a class E felony charge and a civil penalty of up to $20,000.
Adoption date: February 6, 2017
Amended date: October 6, 2025