Section 1125. Definitions  


Latest version.
  • For the purposes of this article the following
      terms shall have the following meanings:
        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,  or  (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.
        2.  "Child"  shall  mean  a  person  under the age of twenty-one years
      enrolled in a school  district  in  this  state,  other  than  a  school
      district within a city having a population of one million or more.
        3.  "Employee"  shall  mean  any  person receiving compensation from a
      school district or 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  district,  its  students  or  employees, directly or
      through contract, whereby such services performed by such person involve
      direct student contact.
        4. "Volunteer" shall mean any person,  other  than  an  employee,  who
      provides  services  to a school or school district, which involve direct
      student contact.
        5. "Educational setting" shall mean the  building  and  grounds  of  a
      public school district, the vehicles provided by the school district for
      the  transportation  of  students  to  and  from school buildings, field
      trips, co-curricular and extra-curricular activities  both  on  and  off
      school district 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.
        6. "Administrator" or "school administrator" shall mean a principal of
      a public school, charter school  or  board  of  cooperative  educational
      services, or other chief school officer.
        7.  "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.
        8.  "Parent"  shall  mean either or both of a child's parents or other
      persons legally responsible for the child.
        9. "Child sexual abuse" shall mean conduct prohibited by  article  one
      hundred thirty or two hundred sixty-three of the penal law.