2006 New York Code - Duties Of School Administrators And Superintendents Upon Receipt Of A Written Report Alleging Child Abuse In An Educational Setting.



 
    §  1128.  Duties  of  school  administrators  and superintendents upon
  receipt of a written report  alleging  child  abuse  in  an  educational
  setting.  Upon receipt of a written report described in paragraph (a) of
  subdivision one of section eleven hundred  twenty-six  of  this  article
  alleging  that  a  child  has  been  abused in an educational setting, a
  school administrator or superintendent shall where there is a reasonable
  suspicion to believe that an act of child abuse has occurred:
    1. Where the subject child  has  made  the  allegation:  (a)  promptly
  notify  the parent of such child that an allegation of child abuse in an
  educational setting has been made  regarding  such  child  and  promptly
  provide  the  parent  with  a  written  statement  prepared  pursuant to
  regulations  of  the  commissioner  setting   forth   parental   rights,
  responsibilities  and  procedures under this article; (b) where a school
  administrator receives a written report, promptly provide a copy of such
  report to the superintendent; and (c) promptly forward  such  report  to
  appropriate  law enforcement authorities. In no event shall reporting to
  law enforcement be delayed by reason of  an  inability  to  contact  the
  superintendent.
    2.  Where  a parent of the child has made the allegation: (a) promptly
  provide the parent of such  child  with  a  written  statement  prepared
  pursuant  to  regulations  of  the  commissioner  setting forth parental
  rights, responsibilities and procedures under this article; (b) where  a
  school  administrator receives a written report, promptly provide a copy
  of such report to the superintendent;  and  (c)  promptly  forward  such
  report  to  appropriate  law  enforcement authorities. In no event shall
  reporting to law enforcement be delayed by reason  of  an  inability  to
  contact the superintendent.
    3.  Where  a  person  other  than the subject child or the parent of a
  subject child has made the allegation: (a) promptly notify the parent of
  the subject child that an allegation of child abuse  in  an  educational
  setting  has  been  made regarding his or her child and promptly provide
  the parent with a written statement prepared pursuant to regulations  of
  the  commissioner  setting  forth  parental rights, responsibilities and
  procedures under this article; (b) ascertain from the person making such
  report the source and basis for such  allegation;  (c)  where  a  school
  administrator receives a written report, promptly provide a copy of such
  report  to  the  superintendent; and (d) promptly forward such report to
  appropriate law enforcement authorities. In no event shall reporting  to
  law  enforcement  be  delayed  by  reason of an inability to contact the
  superintendent.
    4. Any school administrator or superintendent who  reasonably  and  in
  good  faith  makes  a  report  of  allegations  of  child  abuse  in  an
  educational setting or reasonably and in good  faith  transmits  such  a
  report to a person or agency as required by this article and in a manner
  described  in section eleven hundred twenty-six of this article and this
  section shall have immunity from civil liability which  might  otherwise
  result by reason of such actions.

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