Section 1128. Duties of school administrators and superintendents upon receipt of a written report alleging child abuse in an educational setting  


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  • Upon receipt of a written report described in paragraph (a) of  subdivision one 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.