5147 Child Abuse in an Educational Setting

Adoption Date: 12/16/2004 Revised: 03/19. 2020
5000 - Students
Welfare
5147 Child Abuse in an Educational Setting
Regulation Info: 5147R

The Board of Education, its officers and employees, shall endeavor to maintain an educational environment that is free from child abuse in an educational setting in accordance with the requirements of Article 23-B of the Education Law and Section 100.2(hh) of the Regulations of the Commissioner of Education. Child abuse in an educational setting by school personnel and school volunteers is strictly prohibited.  Required reporters shall promptly report any and all written or oral allegations of child abuse in an educational setting, as required by law and regulations implementing this policy.  Such report shall be received by the Building Principal, who shall thoroughly and promptly investigate the allegations to determine whether or not reasonable suspicion exists that an act of child abuse in an educational setting has occurred.  The police authorities shall be immediately notified in any case where reasonable suspicion of child abuse in an educational setting by school personnel or volunteers has occurred.  The Building Principal shall notify the Superintendent where there is a finding of reasonable suspicion that an act of child abuse in an educational setting has occurred.  The Superintendent of Schools or designee shall send all requisite notices to parents and the State Education Department when there is a finding of such reasonable suspicion.

For purposes of this policy, “required reporter” is defined as any:

  • school board member
  • teacher
  • school nurse
  • school guidance counselor
  • school psychologist
  • school social worker
  • school administrator
  • teaching assistant
  • other school personnel required to hold a teaching or administrative license or certificate
  • licensed and registered physical therapist, occupational therapist and speech-language pathologist
  • teacher aide
  • school resource officer, and
  • 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.

“Educational setting” is defined as the buildings and grounds of the district, the vehicles provided directly or by contract with the district to transport students to and from school buildings, field trips, co-curricular and extra-curricular activities, both on and off school grounds, all co-curricular and extra-curricular activity sites, and any other location where direct contact between an employee or volunteer and a child has allegedly occurred.

The Superintendent of Schools shall develop regulations consistent with the requirements of Article 23-B of the Education Law and Section 100.2(hh) of the Commissioner’s Regulations for the purpose of implementing this policy and to assure the notification and training of all current and new required reporters on the required procedures, including physical and behavioral indicators of child abuse, reporting requirements, legal protections afforded reporters and the consequence for failing to report.  All persons employed on or after July 1, 2019 as a school bus driver through a transportation contractor are also required to complete such training and to provide documentation to the district of completion of such training.

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