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5461 E1 Child Abuse in an Educational Setting

  • 5000: Student Policies
5461 E1 Child Abuse in an Educational Setting

CONFIDENTIAL REPORT OF ALLEGATION FORM

CONFIDENTIAL REPORT OF ALLEGATION

SUBJECT CHILD

PARENT OF SUBJECT CHILD

 

Name ____________________________________

Last First MI

Address ___________________________________

___________________________________________

School ____________________________________

Grade ______ Sex (M, F, Unknown) ___________

Age or Birthday (Mo/Day/Yr) ___________________

Name ________________________________

Address (if different)____________________
_____________________________________

SOURCE OF ALLEGATION (Check as Appropriate)

 ___ Child ___ Parent ___ Other - Name ______________________

Relationship to Child (if any) ____________________

 

ALLEGED PERPETRATOR (EMPLOYEE OR VOLUNTEER)

Name ______________________________ School District _________________________________

School Building _____________________________School Position ___________________________

SPECIFIC ALLEGATION

Use this space to provide information to describe or explain the circumstances surrounding the allegation.

(attach additional sheets if necessary)

 

REPORTER INFORMATION

Name ___________________________________________ School District ____________________ School Address ___________________________________ School Telephone ___________

Relationship to Child (if any)_____________________________

___ Teacher ____ School Guidance Counselor ____ School Nurse ____ School Psychologist

___ Administrator ____ School Board Member ____School Social Worker

___ School personnel required to hold teaching or administrator license or certification

Date Submitted to Administrator ­­­­____/_____/____/

Signature____________________________________

FOR ADMINISTRATOR USE ONLY

FOR SUPERINTENDENT OF SCHOOL USE ONLY

Reasonable Suspicion _______Yes _______No

Reasonable Suspicion _______Yes _______No

Date Submitted to Superintendent ____/____/____

Date Submitted to Law Enforcement _____/_____/_____

Name/Signature

Name/Signature

Date Submitted to Law Enforcement ____/_____/____

Name/Signature

Date Submitted to Commissioner _____ /_____ /____

Name/Signature

Child Abuse in an Educational Setting Definitions

Child Abuse in an Educational Setting Definitions

Full definitions as contained in §1125 of Article 23-B, Title I of the Education Law

  1. “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 as defined in this section, (d) the commission or attempted commission against a child of the crime of disseminating indecent materials to minors pursuant to article two hundred thirty-five of the penal law, or (e) using corporal punishment as defined by the commissioner. 
  2. “Child” means a person under the age of 21 enrolled in a school.
  1. “Employee” shall mean any person: (i) who is receiving compensation from a school or (ii) whose duties involve direct student contact and (a) who is receiving compensation from any person or entity that contracts with a school to provide transportation services to children, or (b) who is an employee of a contracted service provider or worker placed within the school under a public assistance employment program, pursuant to title nine-B of article five of the social services law, and consistent with the provisions of such title for the provision of services to such school, its students or employees directly or through contract.
  1. "Volunteer" shall mean any person, other than an employee, who has direct student contact and: (i) provides services to a school, or (ii) provides services to any person or entity that contracts with a school to provide transportation services to children. 
  2. “Educational setting” shall mean the building and grounds of a school, the vehicles provided directly or by contract by the school for the transportation of 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. 
  1. “Administrator” or “school administrator” shall mean a principal of a school, or other chief school officer.
  1. "School" shall include a school district, public school, charter school, nonpublic school, board of cooperative educational services, special act school district as defined in section four thousand one of this chapter, approved preschool special education program pursuant to section forty-four hundred ten of this chapter, approved private residential or non-residential school for the education of students with disabilities including private schools established under chapter eight hundred fifty-three of the laws of nineteen hundred seventy-six, or state-operated or state-supported school in accordance with article eighty-five, eighty-seven or eighty-eight of this chapter.
  1. “Law enforcement authorities” shall mean a municipal police department, sheriff's department, the division of state police or any officer thereof.  Notwithstanding any other provision of law, law enforcement authorities shall not include any child protective service or any society for the prevention of cruelty to children as such terms are defined in section four hundred twenty-three of the social services law.
  1. “Parent” shall mean either or both of a child's parents or other persons legally responsible for the child.
  1. “Child sexual abuse” shall mean conduct prohibited by article one hundred thirty or two hundred sixty-three of the penal law.

Revised and Approved by the Board of Education: 11/21/24

 

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