New York Laws
Article 23-B - 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.

§ 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 or subdivision one-a 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.