Section 1126. Duties of employees specifically enumerated in this section upon receipt of an allegation of child abuse in an educational setting  


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  • 1. In any case where an oral or written allegation is made to a teacher,
      school  nurse,  school  guidance  counselor, school psychologist, school
      social worker, school administrator, school board member or other school
      personnel required to hold  a  teaching  or  administrative  license  or
      certificate,  that  a  child  has  been  subjected  to child abuse by an
      employee or volunteer in an educational setting, such person shall  upon
      receipt of such allegation:
        (a)  promptly  complete  a written report of such allegation including
      the full name of the child alleged to be abused; the name of the child's
      parent; the identity of the  person  making  the  allegation  and  their
      relationship  to  the  alleged child victim; the name of the employee or
      volunteer against whom the allegation was made; and  a  listing  of  the
      specific  allegations  of  child  abuse  in an educational setting. Such
      written report shall be upon a form  as  prescribed  in  section  eleven
      hundred thirty-two of this article.
        (b) except where the school administrator is the person receiving such
      oral  or  written allegation, promptly personally deliver a copy of such
      written report to the school administrator of the school  in  which  the
      child abuse allegedly occurred.
        2.  In  any  case  where  it  is alleged that a child was abused by an
      employee or volunteer of a school other than a school within the  school
      district of the child's attendance, the report of such allegations shall
      be  promptly  forwarded  to  the superintendent of schools of the school
      district of the child's attendance and the  school  district  where  the
      abuse  allegedly  occurred,  whereupon both school superintendents shall
      comply with sections eleven  hundred  twenty-eight  and  eleven  hundred
      twenty-eight-a of this article.
        3.  Any employee or volunteer who reasonably and in good faith makes a
      report of allegations of child abuse in  an  educational  setting  to  a
      person  and  in  a  manner described in this section shall have immunity
      from civil liability which might otherwise  result  by  reason  of  such
      actions.