In recent months, The Journal News’ headlines have highlighted the plight of a neighboring school district regarding its failure in not reporting a suspected case of child abuse. It was revealed that a 9-year-old child was repeatedly abused over an eight-month period. The school principal was told fourth-hand by a parent that the child had mentioned to other children at a slumber party that she was being sexually abused. The principal and five other staff members investigated the parent’s information, interviewing the child and talking with her mother, and determined that the child was not a victim of child abuse. When asked, the child denied being abused. The principal and others decided that there was no creditable evidence indicating child abuse and did not report the initial information to the Child Protective Services.

When it became known that the child had been abused over several months, the school district suspended the six staff members, eventually the principal was fired, two staff members left, two returned eventually to different positions, and the status of one remains undecided. The school board’s knee-jerk response was initiated despite the failure of the board to have in place the required school policies to guide staff members. The NYSUT Local has strongly defended the staff members and has voted no confidence in the present board members. The board’s rush to judgment was considered to be improper, misguided, and a violation of the staff members’ rights.

NYSUT’s Elmsford Regional Office has published two articles on child abuse reporting requirements in its publication, The Elmsford Edge. The articles are reprinted here for all staff members to read.

Child Abuse:  Reporting Requirements

Two areas of law prescribe specific procedures as to who must report suspected child abuse to whom and under what circumstances.

Child Protective Services Law

School officials (including teachers, teaching assistants, teacher aides, monitors, school nurses, school guidance counselors, school psychologists, school social workers, administrators, and school board members) are required to report or cause a report to be made when:

1.      they have reasonable cause to suspect that a child coming before them in their professional or official capacity is abused or maltreated; or

2.      if the parent, guardian, custodian or other person legally responsible for the child comes before them in their professional or official capacity and states from personal knowledge facts, conditions or circumstances which, if correct, would render the child an abused or maltreated child.

If either of these conditions is met, it is the obligation of the school employee to notify the person in charge (the principal) or his/her designee.  The principal must make a report immediately by telephone or facsimile on a form supplied by the Commissioner of Child Protective Services (CPS).  A written report shall be made to the appropriate local CPS.  Nothing in the law requires more than one report to be filed with CPS.  These procedures may be modified by local school board policy.

Example Indicators of Abuse (exemplars only; for more detail see your school district administration or your NYSUT Labor Relations Specialist):

Education Law

Education Law requires school employees to report allegations of child abuse in an educational setting.  “Educational setting” is defined as school buildings and grounds, school district buildings and grounds, vehicles used to provide transportation of students, sites of field trips, sites of extracurricular and co-curricular activities, and any other location where direct contact between employee or volunteer and the student could have taken place.  The law establishes a reporting process that must be followed.

Duties of Employees

The law imposes reporting requirements on teachers, teaching assistants, teacher aides, monitors, school nurses, school guidance counselors, school psychologists, school social workers, administrators, school board members and all other school personnel required to hold a teaching or administrative license or certificate.  When these employees receive an allegation of child abuse by an employee or volunteer in an educational setting, they must take the following steps:

a.         Upon receipts 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.

b.         Upon completion of the report form, the employee must personally deliver it the school building administrator of the school in which the child abuse allegedly occurred.

c.         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 promptly forward the report form to the superintendent of schools of the school district of attendance and the school district where the abuse allegedly occurred.

Duties of School Building Administrators and Superintendent

In all cases, upon receipt of a report form, the school building administrator and superintendent 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, additional steps must be taken which differ depending upon the individual who has made the allegation (child, parent, other person).  However the procedures are all variations on the following theme.

a.         Promptly notify the parent of the child that an allegation of child abuse in an educational setting has been made.

b.         Promptly provide the parent with the written statement setting forth parental rights, responsibilities and procedures prepared in accordance with the Commissioner’s regulations.  Promptly provide a copy of the completed report form to the superintendent.

c.         Ascertain from the reporting employee the source and basis for the allegation and complete that portion of the report form.

d.         Promptly provide a copy of the completed report form to the superintendent.

e.         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.

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 Department, the superintendent must also refer such report to the Commissioner of Education.

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, a school building administrator or a superintendent can be subject to a fine of $5,000 and imprisonment for one year for failure to forward a copy of the completed report form to the appropriate law enforcement authorities.

Education law requires that school districts must establish and implement, on an ongoing basis, a training program for all current and new school officials regarding the policies and procedures established pursuant to the law.

Expunging the File

Records of a child abuse report must be kept by the school and/or school district.  A child abuse report that does not, after investigation, result in a criminal conviction shall be expunged from any record 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 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 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 education setting or as expressly authorized by law or pursuant to a court-ordered subpoena.  Willful disclosure of confidential written records to a person not authorized to receive or review such records is a Class A misdemeanor.  The law requires that school building administrators and superintendents exercise reasonable care to prevent unauthorized disclosure.

Duties of District Attorneys

Where a criminal investigation is undertaken in response to a report forwarded to the appropriate law enforcement authorities, the district attorney must notify the superintendent of the school district where the acts of child abuse occurred and the superintendent of the school district where the child attends, if different, of the following:

• An indictment;
• The filing of an accusatory instrument;
• The disposition of the criminal case; or
• The suspension of termination of the investigation.

Where a criminal conviction is obtained for a crime involving child abuse is an educational setting by a licensed or certified school employee, the district attorney is required to notify the Commissioner of Education, as well as the superintendent of the school district in which the acts of child abuse occurred and the superintendent of the school district where the child attends, if different.

Duties of the Commissioner of Education

Upon receiving notification of conviction from a district attorney, the Commissioner of Education must begin proceedings against the convicted individual pursuant to Part 83 of the Commissioner’s Regulations to determine whether the individual possessed good moral character.  The determination may result in additional action taken against the individual related to his or her license or certification, including possible revocation. 

The Commissioner has also issued a special form that must be used for the recording and transmission of allegations of child abuse in education settings.

The Commissioner and the Board of Regents also promulgated a regulation which sets forth the training requirements relating to child abuse in an education setting.

Unreported Resignations or Voluntary Suspensions

The law prohibits school building administrators or superintendents from agreeing to make a deal to withhold from the appropriate law enforcement authorities, another superintendent or the Commissioner of Education an allegation of child abuse in an educational setting by an employee 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.