S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         1897
                              2015-2016 Regular Sessions
                                   I N  S E N A T E
                                   January 15, 2015
                                      ___________
       Introduced  by  Sen. BONACIC -- read twice and ordered printed, and when
         printed to be committed to the Committee on Education
       AN ACT to amend the education law, in relation to the parent's right  to
         know  of  allegations  of  inappropriate  conduct by a school district
         employee, volunteer or administrator
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  The education law is amended by adding a new article 23-C
    2  to read as follows:
    3                                ARTICLE 23-C
    4                         PARENT'S RIGHT TO KNOW ACT
    5  SECTION 1134. SHORT TITLE.
    6          1135. DEFINITIONS.
    7          1136. PARENT'S RIGHT TO KNOW.
    8    S 1134. SHORT TITLE. THIS ARTICLE SHALL BE KNOWN AND MAY BE  CITED  AS
    9  THE "PARENT'S RIGHT TO KNOW ACT".
   10    S  1135.  DEFINITIONS.  FOR THE PURPOSES OF THIS ARTICLE THE FOLLOWING
   11  TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   12    1. "EMPLOYEE" SHALL MEAN A SCHOOL BOARD MEMBER ACTING IN  HIS  OR  HER
   13  CAPACITY  AS  A  SCHOOL  BOARD  MEMBER,  AS WELL AS ANY PERSON RECEIVING
   14  COMPENSATION FROM A SCHOOL DISTRICT OR EMPLOYEE OF A CONTRACTED  SERVICE
   15  PROVIDER  OR  WORKER  PLACED WITHIN THE SCHOOL UNDER A PUBLIC ASSISTANCE
   16  EMPLOYMENT PROGRAM, PURSUANT TO TITLE NINE-B  OF  ARTICLE  FIVE  OF  THE
   17  SOCIAL  SERVICES  LAW,  AND CONSISTENT WITH THE PROVISIONS OF SUCH TITLE
   18  FOR THE PROVISION OF SERVICES TO SUCH DISTRICT, ITS STUDENTS OR  EMPLOY-
   19  EES,  DIRECTLY  OR  THROUGH CONTRACT, WHEREBY SUCH SERVICES PERFORMED BY
   20  SUCH PERSON INVOLVE DIRECT STUDENT CONTACT.
   21    2. "VOLUNTEER" SHALL MEAN ANY PERSON,  OTHER  THAN  AN  EMPLOYEE,  WHO
   22  PROVIDES  SERVICES  TO A SCHOOL OR SCHOOL DISTRICT, WHICH INVOLVE DIRECT
   23  STUDENT CONTACT.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD01530-01-5
       S. 1897                             2
    1    3. "ADMINISTRATOR" OR "SCHOOL ADMINISTRATOR" SHALL MEAN  A  PRINCIPAL,
    2  ASSISTANT  PRINCIPAL,  SUPERINTENDENT  OR  ASSISTANT SUPERINTENDENT OF A
    3  PUBLIC SCHOOL,  CHARTER  SCHOOL  OR  BOARD  OF  COOPERATIVE  EDUCATIONAL
    4  SERVICES, OR OTHER CHIEF SCHOOL OFFICER.
    5    S  1136. PARENT'S RIGHT TO KNOW.  EVERY PUBLIC SCHOOL DISTRICT, OR ANY
    6  OTHER SCHOOL WHICH PRIMARILY SERVES PERSONS UNDER THE  AGE  OF  EIGHTEEN
    7  AND  WHICH IS REGISTERED WITH THE DEPARTMENT SHALL, WITHIN SIXTY DAYS OF
    8  THE ENACTMENT OF THIS SECTION, ADOPT A POLICY WHICH  SHALL  PROVIDE  FOR
    9  NOTIFICATION  AS  SOON  AS  REASONABLY  PRACTICABLE TO A PARENT OR LEGAL
   10  GUARDIAN OF AN AFFECTED STUDENT OR STUDENTS OF INAPPROPRIATE CONDUCT  BY
   11  AN  EMPLOYEE,  VOLUNTEER  OR  ADMINISTRATOR  OF  A  SCHOOL DISTRICT WITH
   12  RESPECT TO A PARTICULAR STUDENT OR STUDENTS IN THE EVENT THAT THE SUPER-
   13  INTENDENT OF SCHOOLS, THE SCHOOL BOARD, OR  ANY  MEMBER  OF  THE  SCHOOL
   14  BOARD ACTING WITH THE AUTHORIZATION OF SUCH BOARD, SUCH AUTHORIZATION TO
   15  HAVE  BEEN  PROVIDED  DURING  AN  EXECUTIVE  SESSION, PROVIDES A WRITTEN
   16  CENSURE, REPRIMAND, OR OTHERWISE IN WRITING ADVISES AN EMPLOYEE,  VOLUN-
   17  TEER,  OR AN ADMINISTRATOR OF THE SCHOOL DISTRICT OF SUCH PERSON'S INAP-
   18  PROPRIATE CONDUCT WITH RESPECT TO A PARTICULAR STUDENT OR STUDENTS.
   19    S 2. This act shall take effect immediately; provided,  however,  that
   20  this  act  shall  not  impair  any  provision of a collective bargaining
   21  agreement in effect prior to the effective date of  this  act  which  is
   22  contradictory  to  the provisions of this act. Any such provisions shall
   23  expire no later than on such agreements existing expiration date.