Adoption Date: 3/24/1977, Revised: 7/19/1994; 6/20/00; 1/20/04; 9/5/06; 3/15/16, Reviewed: 4/23/19
7000 - STUDENTS
STUDENT WELFARE
7530 CHILD ABUSE
The
Brockport School District subscribes to all of the provisions of Title 6
- Child Protective Services of the Social Services Law (Sections
411-428). Our purpose is to provide protective services to abused and
maltreated children as described by the law, and to make all school
personnel within the District aware of our legal responsibilities under
this law.
Regulations shall be developed, maintained and disseminated by administration regarding the:
a) Mandatory reporting of suspected child abuse/neglect;
b) Reporting procedures and obligations of persons required to report;
c) Provisions for taking a child into protective custody;
d) Mandatory reporting of deaths;
e) Immunity from liability and penalties for failure to report;
f) Obligations for provision of services and procedures necessary to safeguard the life of a child;and
g)
Provision of information in recognizing signs of unlawful
methamphetamine laboratories for all current and new school officials
(i.e. mandated reporters) who, as part of their usual responsibilities,
visit children's homes.
Additionally, an ongoing training
program for all professional staff shall be established and implemented
to enable such staff to carry out their reporting responsibilities.
School Officials Required to Report
The
definition of a "school official" who is mandated to report cases of
child abuse or neglect/maltreatment to the State Central Register (SCR)
pursuant to Social Services Law Section 413(1) includes, but is not
limited to, school teachers, school guidance counselors, school
psychologists, school social workers, school nurses, school
administrators or other school personnel required to hold a teaching or
administrative license or certificate.
All mandated reporters
shall make the report themselves and then immediately notify the
Building Principal or his/her designee. The Building Principal or
his/her designee shall be responsible for all subsequent administration
necessitated by the report.
Any report shall include the name,
title and contact information for every staff member who is believed to
have direct knowledge of the allegations in the report.
Prohibition of Retaliatory Personnel Action
Social
Services Law Section 413(1) also prohibits a school from taking any
retaliatory personnel action against an employee because such employee
believes that he/she has reasonable cause to suspect that a child is an
abused or neglected/maltreated child and that employee makes a report to
SCR pursuant to Social Services Law. Further, no school or school
official shall impose any conditions, including prior approval or prior
notification, upon any staff member specifically designated a mandated
reporter.
Pursuant to Labor Law Section 740(1)(e), "retaliatory
personnel action" means the discharge, suspension or demotion of an
employee, or other adverse employment action taken against an employee
in the terms and conditions of employment.
Report Form
The
New York State Office of Children and Family Services "Report of
Suspected Child Abuse or Maltreatment" Form LDSS-2221A may be accessed
at website: http://www.ocfs.state.ny.us/main/cps/
Policy References:
Education Law Section 3209-a
Family Court Act Section 1012
Labor Law Section 740(1)(e)
Social Services Law Sections 411-428
Child Abuse in an Educational Setting
The
School District is committed to the protection of students in
educational settings from abuse and maltreatment by employees or
volunteers as enumerated in law.
"Child abuse" shall mean any of
the following acts committed in an educational setting by an employee or
volunteer against a child:
a) Intentionally or recklessly inflicting physical injury, serious physical injury or death; or
b)
Intentionally or recklessly engaging in conduct which creates a
substantial risk of such physical injury, serious physical injury or
death; or
c) Any child sexual abuse, defined as conduct prohibited by Articles 130 or 263 of the Penal Law; or
d)
The commission or attempted commission against a child of the crime of
disseminating indecent materials to minor pursuant to Article 235 of the
Penal Law.
"Educational setting" shall mean the building(s)
and grounds of the School District; the vehicles provided by the School
District for the transportation of students to and from school
buildings, field trips, co-curricular and extracurricular activities
both on and off School District grounds; all co-curricular and
extracurricular activity sites; and any other location where direct
contact between an employee or volunteer and a child has allegedly
occurred.
In any case where an oral or written allegation is made
to a teacher, school's registered professional nurse, school guidance
counselor, school psychologist, school social worker, school
administrator, School Board member, or other school personnel required
to hold a teaching or administrative license or certificate, that a
child (defined in the law as a person under the age of twenty-one (21)
years enrolled in a school district in this state) has been subjected to
child abuse by an employee or volunteer in an educational setting, that
person shall upon receipt of such allegation:
- Promptly
complete a written report of such allegation including the full name of
the child alleged to be abused; the name of the child's parent; the
identity of the person making the allegation and their relationship to
the alleged child victim; the name of the employee or volunteer against
whom the allegation was made; and a listing of the specific allegations
of child abuse in an educational setting. Such written report shall be
completed on a form as prescribed by the Commissioner of Education.
- Except
where the school administrator is the person receiving such an oral or
written allegation, the employee completing the written report must
promptly personally deliver a copy of that written report to
the school administrator of the school in which the child abuse
allegedly occurred (subject to the following paragraph).
In
any case where it is alleged the child was abused by an employee or
volunteer of a school other than a school within the school district of
the child's attendance, the report of such allegations shall be promptly
forwarded to the Superintendent of Schools of the school district of
the child's attendance and the school district where the abuse allegedly
occurred.
Any employee or volunteer who reasonably and in good
faith makes a report of allegations of child abuse in an educational
setting in accordance with the reporting requirements of the law shall
have immunity from civil liability which might otherwise result by
reason of such actions.
Upon receipt of a written report alleging
child abuse in an educational setting, the school administrator or
Superintendent must then determine whether there is "reasonable
suspicion" to believe that such an act of child abuse has occurred.
Where there has been a determination as to the existence of such
reasonable suspicion, the school administrator or Superintendent must
follow the notification/reporting procedures mandated in law and further
enumerated in administrative regulations including parental
notification. When the school administrator receives a written report,
he/she shall promptly provide a copy of such report to the
Superintendent.
Where the school administrator or Superintendent
has forwarded a written report of child abuse in an educational setting
to law enforcement authorities, the Superintendent shall also refer such
report to the Commissioner of Education where the employee or volunteer
alleged to have committed such an act of child abuse holds a
certification or license issued by the State Education Department.
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 law, shall have immunity from civil liability
which might otherwise result by reason of such actions.
Reports
and other written material submitted pursuant to law with regard to
allegations of child abuse in an educational setting, and photographs
taken concerning such reports that are in the possession of any person
legally authorized to receive such information, shall be confidential and shall not be redisclosed except to
law enforcement authorities involved in an investigation of child abuse
in an educational setting or as expressly authorized by law or pursuant
to a court-ordered subpoena. School administrators and the
Superintendent shall exercise reasonable care in preventing such
unauthorized disclosure.
Additionally, teachers and all other
school officials shall be provided an annual written explanation
concerning the reporting of child abuse in an educational setting,
including the immunity provisions as enumerated in law. Further, the
Commissioner of Education shall furnish the District with required
information, including rules and regulations for training necessary to
implement District/staff responsibilities under the law.
Prohibition of "Silent" (Unreported) Resignations
The
Superintendent and other school administrators are prohibited from
withholding from law enforcement authorities, the Superintendent or the
Commissioner of Education, where appropriate, information concerning
allegations of child abuse in an educational setting against an employee
or volunteer in exchange for that individual's resignation or voluntary
suspension from his/her position.
Superintendents (or a
designated administrator) who reasonably and in good faith report to law
enforcement officials information regarding allegations of child abuse
or a resignation as required pursuant to the law shall have immunity
from any liability, civil or criminal, which might otherwise result by
reason of such actions.
Policy References:
Education Law Article 23-B and Sections 902(b) and 3028-b
Penal Law Articles 130, 235 and 263
Social Services Law Section 413
8 New York Code of Rules and Regulations (NYCRR)
Part 83