Section 526-A. Powers of investigation  


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  • a. Statement of purpose and intent.
      The purpose and intent of this section is to ensure that  all  suspected
      crimes committed by an adult against a student or another adult, and all
      allegations  of  sex-offenses  or  other  violent  crimes committed by a
      student against another  student,  including  any  bias-related  violent
      crime committed by any adult or student, in a public school, is reported
      to  the  police department and the special commissioner of investigation
      for the New York city school district.  It is not the purpose and intent
      of this section to mandate  the  reporting  of  incidents  amounting  to
      ordinary misbehavior and "name calling" among students.
        b.  Where,  the board, a committee of the board or officer or employee
      of the city school district of the city of  New  York  has  evidence  or
      other  information  relating to a suspected crime, the board, committee,
      officer or employee which has such information shall immediately  report
      such  evidence  or  other  information  to the police department and the
      special commissioner of investigation, in a form and  manner  prescribed
      by  rule  by  the  police  department,  and  to  the school's principal,
      provided, however, that if such evidence or other  information  directly
      or  indirectly  involves or implicates such school principal, the report
      shall be made to the district  superintendent  as  well  as  the  police
      department.
        c.  Where  there  is  a  suspected  crime  against a child, the school
      principal or district superintendent shall promptly notify the parent or
      legal guardian of such child about whom a report has been  made,  except
      where,  after  consultation  with  the police department and the special
      commissioner of investigation, it is determined that  such  notification
      would impede a criminal investigation.
        d. Any such committee or individual who in good faith reports evidence
      or  other  information  relating  to  a  suspected  crime  to the police
      department and school principal or district superintendent in accordance
      with the provisions of subdivision b of this section shall have immunity
      from any civil liability that may arise from the making of such  report,
      and  the school district or any school district employee shall not take,
      request or cause a retaliatory action  against  any  such  committee  or
      individual who makes a report. Nothing herein shall abrogate obligations
      of  confidentiality imposed by certain privileged relationships pursuant
      to state law.
        e. The police department  shall  promulgate  all  rules  necessary  to
      implement the provisions of this section.
        f. The provisions of this section shall not be construed as either (1)
      limiting  the  authority  of any agency, commission, other entity or its
      members to conduct any administrative, civil or  criminal  investigation
      that  is  within  the  scope  of  their  authority,  or (2) limiting any
      obligation to file a report with  any  city,  state  or  federal  agency
      concerning a suspected crime or other activity.