New York
| Code | Subject Matter |
| Family Court Act § 166 | Privacy of records |
| Family Court Act § 354.1 | Retention and destruction of fingerprints of persons alleged to be juvenile delinquents |
| Family Court Act § 784 | Use of police records |
| Crim. Proc. § 720.35 | Youthful offender adjudication; effect thereof; records |
| Family Court Act § 750 | Probation reports; probation investigation and diagnostic assessment |
| Family Court Act § 301.2 | Juvenile Delinquency: Definitions |
| Family Court Act § 380.1 | Juvenile Delinquency: Nature and effect of adjudication |
| Crim. Proc. § 380.90 | Reporting sentences to schools |
| Crim. Proc. § 380.80 | Reporting sentence to social services |
| Family Court Act § 381.3 | Juvenile Delinquency: Use of police records |
| NY CLS Educ. § 2801-a | School safety plans |
| NY CLS Educ. § 2802 | Uniform violent incident reporting system |
| NY CLS Educ § 3028-c | Protection of school employees who report acts of violence and weapons possession |
FAMILY COURT ACT
ARTICLE 1. FAMILY COURT ESTABLISHED
PART 6. GENERAL PROVISIONS CONCERNING HEARINGS
NY CLS Family Ct Act § 166 (2009)
The records of any proceeding in the family court shall not be open to indiscriminate public inspection. However, the court in its discretion in any case may permit the inspection of any papers or records. Any duly authorized agency, association, society or institution to which a child is committed may cause an inspection of the record of investigation to be had and may in the discretion of the court obtain a copy of the whole or part of such record.
FAMILY COURT ACT
ARTICLE 3. JUVENILE DELINQUENCY
PART 5. THE DISPOSITIONAL HEARING
NY CLS Family Ct Act § 354.1 (2009)
§ 354.1. Retention and destruction of fingerprints of persons alleged to be juvenile delinquents
1. If a person whose fingerprints, palmprints or photographs
were taken pursuant to section 306.1 or was initially fingerprinted as a
juvenile offender and the action is subsequently removed to a family court
pursuant to article seven hundred twenty-five of the criminal procedure law
is adjudicated to be a juvenile delinquent for a felony, the family court
shall forward or cause to be forwarded to the division of criminal justice
services notification of such adjudication and such related information as
may be required by such division, provided, however, in the case of a person
eleven or twelve years of age such notification shall be provided only if
the act upon which the adjudication is based would constitute a class A or
B felony.
2. If a person whose fingerprints, palmprints or photographs were taken pursuant
to section 306.1 or was initially fingerprinted as a juvenile offender and
the action is subsequently removed to family court pursuant to article seven
hundred twenty-five of the criminal procedure law has had all petitions disposed
of by the family court in any manner other than an adjudication of juvenile
delinquency for a felony, but in the case of acts committed when such person
was eleven or twelve years of age which would constitute a class A or B felony
only, all such fingerprints, palmprints, photographs, and copies thereof,
and all information relating to such allegations obtained by the division
of criminal justice services pursuant to section 306.1 shall be destroyed
forthwith. The clerk of the court shall notify the commissioner of the division
of criminal justice services and the heads of all police departments and
law enforcement agencies having copies of such records, who shall destroy
such records without unnecessary delay.
3. If the appropriate presentment agency does not originate a proceeding
under section 310.1 for a case in which the potential respondent's fingerprints
were taken pursuant to section 306.1, the presentment agency shall serve
a certification of such action upon the division of criminal justice services,
and upon the appropriate police department or law enforcement agency.
4. If, following the taking into custody of a person alleged to be a juvenile
delinquent and the taking and forwarding to the division of criminal justice
services of such person's fingerprints but prior to referral to the probation
department or to the family court, an officer or agency, elects not to proceed
further, such officer or agency shall serve a certification of such election
upon the division of criminal justice services.
5. Upon certification pursuant to subdivision twelve of section 308.1 or
subdivision three or four of this section, the department or agency shall
destroy forthwith all fingerprints, palmprints, photographs, and copies thereof,
and all other information obtained in the case pursuant to section 306.1.
Upon receipt of such certification, the division of criminal justice services
and all police departments and law enforcement agencies having copies of
such records shall destroy them.
6. If a person fingerprinted pursuant to section 306.1 and subsequently adjudicated
a juvenile delinquent for a felony, but in the case of acts committed when
such a person was eleven or twelve years of age which would constitute a
class A or B felony only, is subsequently convicted of a crime, all fingerprints
and related information obtained by the division of criminal justice services
pursuant to such section and not destroyed pursuant to subdivisions two,
five and seven or subdivision twelve of section 308.1 shall become part of
such division's permanent adult criminal record for that person, notwithstanding
section 381.2 or 381.3.
7. When a person fingerprinted pursuant to section 306.1 and subsequently
adjudicated a juvenile delinquent for a felony, but in the case of acts committed
when such person was eleven or twelve years of age which would constitute
a class A or B felony only, reaches the age of twenty-one, or has been discharged
from placement under this act for at least three years, whichever occurs
later, and has no criminal convictions or pending criminal actions which
ultimately terminate in a criminal conviction, all fingerprints, palmprints,
photographs, and related information and copies thereof obtained pursuant
to section 306.1 in the possession of the division of criminal justice services,
any police department, law enforcement agency or any other agency shall be
destroyed forthwith. The division of criminal justice services shall notify
the agency or agencies which forwarded fingerprints to such division pursuant
to section 306.1 of their obligation to destroy those records in their possession.
In the case of a pending criminal action which does not terminate in a criminal
conviction, such records shall be destroyed forthwith upon such determination.
FAMILY COURT ACT
ARTICLE 7. PROCEEDINGS CONCERNING WHETHER A PERSON IS IN NEED OF SUPERVISION
PART 8. EFFECT OF PROCEEDINGS
NY CLS Family Ct Act § 784 (2009)
All police records relating to the arrest and disposition of any person under this article shall be kept in files separate and apart from the arrests of adults and shall be withheld from public inspection, but such records shall be open to inspection upon good cause shown by the parent, guardian, next friend or attorney of that person upon the written order of a judge of the family court in the county in which the order was made or, if the person is subsequently convicted of a crime, of a judge of the court in which he was convicted.
CRIMINAL PROCEDURE LAW
PART THREE. SPECIAL PROCEEDINGS AND MISCELLANEOUS PROCEDURES
TITLE U. SPECIAL PROCEEDINGS WHICH REPLACE, SUSPEND OR ABATE CRIMINAL
ACTIONS
ARTICLE 720. YOUTHFUL OFFENDER PROCEDURE
NY CLS CPL § 720.35 (2009)
§ 720.35. Youthful offender adjudication; effect thereof; records
1. A youthful offender adjudication is not a judgment of conviction
for a crime or any other offense, and does not operate as a disqualification
of any person so adjudged to hold public office or public employment or to
receive any license granted by public authority but shall be deemed a conviction
only for the purposes of transfer of supervision and custody pursuant to
section two hundred fifty-nine-m of the executive law.
2. Except where specifically required or permitted by statute or upon specific
authorization of the court, all official records and papers, whether on file
with the court, a police agency or the division of criminal justice services,
relating to a case involving a youth who has been adjudicated a youthful
offender, are confidential and may not be made available to any person or
public or private agency, other than the designated educational official
of the public or private elementary or secondary school in which the youth
is enrolled as a student provided that such local educational official shall
only have made available a notice of such adjudication and shall not have
access to any other official records and papers, such youth or such youth's
designated agent (but only where the official records and papers sought are
on file with a court and request therefor is made to that court or to a clerk
thereof), an institution to which such youth has been committed, the division
of parole and a probation department of this state that requires such official
records and papers for the purpose of carrying out duties specifically authorized
by law; provided, however, that information regarding an order of protection
or temporary order of protection issued pursuant to section 530.12 of this
chapter or a warrant issued in connection therewith may be maintained on
the statewide automated order of protection and warrant registry established
pursuant to section two hundred twenty-one-a of the executive law during
the period that such order of protection or temporary order of protection
is in full force and effect or during which such warrant may be executed.
Such confidential information may be made available pursuant to law only
for purposes of adjudicating or enforcing such order of protection or temporary
order of protection and, where provided to a designated educational official,
as defined in section 380.90 of this chapter, for purposes related to the
execution of the student's educational plan, where applicable, successful
school adjustment and reentry into the community. Such notification shall
be kept separate and apart from such student's school records and shall be
accessible only by the designated educational official. Such notification
shall not be part of such student's permanent school record and shall not
be appended to or included in any documentation regarding such student and
shall be destroyed at such time as such student is no longer enrolled in
the school district. At no time shall such notification be used for any purpose
other than those specified in this subdivision.
3. If a youth who has been adjudicated a youthful offender is enrolled as
a student in a public or private elementary or secondary school the court
that has adjudicated the youth as a youthful offender shall provide notification
of such adjudication to the designated educational official of the school
in which such youth is enrolled as a student. Such notification shall be
used by the designated educational official only for purposes related to
the execution of the student's educational plan, where applicable, successful
school adjustment and reentry into the community. Such notification shall
be kept separate and apart from such student's school records and shall be
accessible only by the designated educational official. Such notification
shall not be part of such student's permanent school record and shall not
be appended to or included in any documentation regarding such student and
shall be destroyed at such time as such student is no longer enrolled in
the school district. At no time shall such notification be used for any purpose
other than those specified in this subdivision.
4. Notwithstanding subdivision two of this section, whenever a person is
adjudicated a youthful offender and the conviction that was vacated and replaced
by the youthful offender finding was for a sex offense as that term is defined
in article ten of the mental hygiene law, all records pertaining to the youthful
offender adjudication shall be included in those records and reports that
may be obtained by the commissioner of mental health or the commissioner
of mental retardation and developmental disabilities, as appropriate; the
case review panel; and the attorney general pursuant to section 10.05 of
the mental hygiene law.
FAMILY COURT ACT
ARTICLE 7. PROCEEDINGS CONCERNING WHETHER A PERSON IS IN NEED OF SUPERVISION
PART 4. HEARINGS
NY CLS Family Ct Act § 750 (2009)
§ 750. Probation reports; probation investigation and diagnostic assessment
1. All reports or memoranda prepared or obtained by the probation
service shall be deemed confidential information furnished to the court and
shall be subject to disclosure solely in accordance with this section or
as otherwise provided for by law. Except as provided in section seven hundred
thirty-five of this article, such reports or memoranda shall not be furnished
to the court prior to the completion of the fact-finding hearing and the
making of the required findings.
2. After the completion of the fact-finding hearing and the making of the
required findings and prior to the dispositional hearing, the reports or
memoranda prepared or obtained by the probation service and furnished to
the court shall be made available by the court for examination and copying
by the child's law guardian or counsel or by the respondent if he is not
represented by a law guardian or other counsel. All diagnostic assessments
and probation investigation reports shall be submitted to the court at least
five court days prior to the commencement of the dispositional hearing. In
its discretion the court may except from disclosure a part or parts of the
reports or memoranda which are not relevant to a proper disposition, or sources
of information which have been obtained on a promise of confidentiality,
or any other portion thereof, disclosure of which would not be in the interest
of justice. In all cases where a part or parts of the reports or memoranda
are not disclosed, the court shall state for the record that a part or parts
of the reports or memoranda have been excepted and the reasons for its action.
The action of the court excepting information from disclosure shall be subject
to review on any appeal from the order of disposition. If such reports or
memoranda are made available to respondent or his law guardian or counsel,
they shall also be made available to the counsel presenting the petition
pursuant to section two hundred fifty-four and, in the court's discretion,
to any other attorney representing the petitioner.
FAMILY COURT ACT
ARTICLE 3. JUVENILE DELINQUENCY
PART 1. JURISDICTION AND PRELIMINARY PROCEDURES
NY CLS Family Ct Act § 301.2 (2009)
As used in this article, the following terms shall have the following meanings:
1. "Juvenile delinquent" means a person over seven and less than sixteen years of age, who, having committed an act that would constitute a crime if committed by an adult, (a) is not criminally responsible for such conduct by reason of infancy, or (b) is the defendant in an action ordered removed from a criminal court to the family court pursuant to article seven hundred twenty-five of the criminal procedure law.
2. "Respondent" means the person against whom a juvenile delinquency petition is filed pursuant to section 310.1. Provided, however, that any act of the respondent required or authorized under this article may be performed by his attorney or law guardian unless expressly provided otherwise.
3. "Detention" means the temporary care and maintenance of children away from their own homes, as defined in section five hundred two of the executive law. Detention of a person alleged to be or adjudicated as a juvenile delinquent shall be authorized only in a facility certified by the division for youth as a detention facility pursuant to section five hundred three of the executive law.
4. "Secure detention facility" means a facility characterized by physically restricting construction, hardware and procedures.
5. "Non-secure detention facility" means a facility characterized by the absence of physically restricting construction, hardware and procedures.
6. "Fact-finding hearing" means a hearing to determine whether the respondent or respondents committed the crime or crimes alleged in the petition or petitions.
7. "Dispositional hearing" means a hearing to determine whether the respondent requires supervision, treatment or confinement.
8. "Designated felony act" means an act which, if done by an adult, would be a crime: (i) defined in sections 125.27 (murder in the first degree); 125.25 (murder in the second degree); 135.25 (kidnapping in the first degree); or 150.20 (arson in the first degree) of the penal law committed by a person thirteen, fourteen or fifteen years of age; or such conduct committed as a sexually motivated felony, where authorized pursuant to section 130.91 of the penal law; (ii) defined in sections 120.10 (assault in the first degree); 125.20 (manslaughter in the first degree); 130.35 (rape in the first degree); 130.50 (criminal sexual act in the first degree); 130.70 (aggravated sexual abuse in the first degree); 135.20 (kidnapping in the second degree) but only where the abduction involved the use or threat of use of deadly physical force; 150.15 (arson in the second degree) or 160.15 (robbery in the first degree) of the penal law committed by a person thirteen, fourteen or fifteen years of age; or such conduct committed as a sexually motivated felony, where authorized pursuant to section 130.91 of the penal law; (iii) defined in the penal law as an attempt to commit murder in the first or second degree or kidnapping in the first degree committed by a person thirteen, fourteen or fifteen years of age; or such conduct committed as a sexually motivated felony, where authorized pursuant to section 130.91 of the penal law; (iv) defined in section 140.30 (burglary in the first degree); subdivision one of section 140.25 (burglary in the second degree); subdivision two of section 160.10 (robbery in the second degree) of the penal law; [fig 1] or section 265.03 of the penal law, where such machine gun or such firearm is possessed on school grounds, as that phrase is defined in subdivision fourteen of section 220.00 of the penal law committed by a person fourteen or fifteen years of age; or such conduct committed as a sexually motivated felony, where authorized pursuant to section 130.91 of the penal law; (v) defined in section 120.05 (assault in the second degree) or 160.10 (robbery in the second degree) of the penal law committed by a person fourteen or fifteen years of age but only where there has been a prior finding by a court that such person has previously committed an act which, if committed by an adult, would be the crime of assault in the second degree, robbery in the second degree or any designated felony act specified in paragraph (i), (ii), or (iii) of this subdivision regardless of the age of such person at the time of the commission of the prior act; or (vi) other than a misdemeanor committed by a person at least seven but less than sixteen years of age, but only where there has been two prior findings by the court that such person has committed a prior felony.
9. "Designated class A felony act" means a designated felony act defined in paragraph (i) of subdivision eight.
10. "Secure facility" means a residential facility in which the respondent may be placed under this article, which is characterized by physically restricting construction, hardware and procedures, and is designated as a secure facility by the division for youth.
11. "Restrictive placement" means a placement pursuant to section 353.5.
12. "Presentment agency" means the agency or authority which pursuant to section two hundred fifty-four or two hundred fifty-four-a is responsible for presenting a juvenile delinquency petition.
13. "Incapacitated person" means a respondent who, as a result of mental illness, mental retardation or developmental disability as defined in subdivisions twenty, twenty-one and twenty-two of section 1.03 of the mental hygiene law, lacks capacity to understand the proceedings against him or to assist in his own defense.
14. Any reference in this article to the commission of a crime includes any act which, if done by an adult, would constitute a crime.
15. "Aggravated circumstances" [fig 1] shall have the same meaning as the definition of such term in subdivision (j) of section one thousand twelve of this act.
16. "Permanency hearing" means an initial hearing or subsequent hearing held in accordance with the provisions of this article for the purpose of reviewing the foster care status of the respondent and the appropriateness of the permanency plan developed by the commissioner of social services or the office of children and family services.
17. "Designated educational official" shall mean (a) an employee or representative of a school district who is designated by the school district or (b) an employee or representative of a charter school or private elementary or secondary school who is designated by such school to receive records pursuant to this article and to coordinate the student's participation in programs which may exist in the school district or community, including: non-violent conflict resolution programs, peer mediation programs and youth courts, extended day programs and other school violence prevention and intervention programs which may exist in the school district or community. Such notification shall be kept separate and apart from such student's school records and shall be accessible only by the designated educational official. Such notification shall not be part of such student's permanent school record and shall not be appended to or included in any documentation regarding such student and shall be destroyed at such time as such student is no longer enrolled in the school district. At no time shall such notification be used for any purpose other than those specified in this subdivision.
FAMILY COURT ACT
ARTICLE 3. JUVENILE DELINQUENCY
PART 8. GENERAL PROVISIONS
NY CLS Family Ct Act § 380.1 (2009)
§ 380.1. Nature and effect of adjudication
1. No adjudication under this article may be denominated a
conviction and no person adjudicated a juvenile delinquent shall be denominated
a criminal by reason of such adjudication.
2. No adjudication under this article shall operate as a forfeiture of any
right or privilege or disqualify any person from holding any public office
or receiving any license granted by public authority. Such adjudication shall
not operate as a disqualification of any person to pursue or engage in any
lawful activity, occupation, profession or calling.
3. Except where specifically required by statute, no person shall be required
to divulge information pertaining to the arrest of the respondent or any
subsequent proceeding under this article; provided, however, whenever a person
adjudicated a juvenile delinquent has been placed with the office of children
and family services pursuant to section 353.3 of this article, and is thereafter
enrolled as a student in a public or private elementary or secondary school,
the court that has adjudicated such person shall provide notification of
such adjudication to the designated educational official of the school in
which such person is enrolled as a student. Such notification shall be used
by the designated educational official only for purposes related to the execution
of the student's educational plan, where applicable, successful school adjustment
and reentry into the community. Such notification shall be kept separate
and apart from such student's school records and shall be accessible only
by the designated educational official. Such notification shall not be part
of such student's permanent school record and shall not be appended to or
included in any documentation regarding such student and shall be destroyed
at such time as such student is no longer enrolled in the school district.
At no time shall such notification be used for any purpose other than those
specified in this subdivision.
4. Notwithstanding any other provision of law, where a finding of juvenile
delinquency has been entered, upon request, the records pertaining to such
case shall be made available to the commissioner of mental health or the
commissioner of mental retardation and developmental disabilities, as appropriate;
the case review panel; and the attorney general pursuant to section 10.05
of the mental hygiene law.
CRIMINAL PROCEDURE LAW
PART TWO. THE PRINCIPAL PROCEEDINGS
TITLE L. SENTENCE
ARTICLE 380. SENTENCING IN GENERAL
NY CLS CPL § 380.90 (2009)
§ 380.90. Reporting sentences to schools
1. "Designated educational official" shall mean (a)
an employee or representative of a school district who is designated by the
school district or (b) an employee or representative of a charter school
or private elementary or secondary school who is designated by such school
to receive records pursuant to this section and to coordinate the student's
participation in programs which may exist in the school district or community,
including: non-violent conflict resolution programs, peer mediation programs
and youth courts, extended day programs and other school violence prevention
and intervention programs.
2. Whenever a person under the age of nineteen who is enrolled as a student
in a public or private elementary or secondary school is sentenced for a
crime, the court that has sentenced such person shall provide notification
of the conviction and sentence to the designated educational official of
the school in which such person is enrolled as a student. Such notification
shall be used by the designated educational official only for purposes related
to the execution of the student's educational plan, where applicable, successful
school adjustment and reentry into the community. Such notification shall
be kept separate and apart from such student's school records and shall be
accessible only by the designated educational official. Such notification
shall not be part of such student's permanent school record and shall not
be appended to or included in any documentation regarding such student and
shall be destroyed at such time as such student is no longer enrolled in
the school district. At no time shall such notification be used for any purpose
other than those specified in this subdivision.
CRIMINAL PROCEDURE LAW
PART TWO. THE PRINCIPAL PROCEEDINGS
TITLE L. SENTENCE
ARTICLE 380. SENTENCING IN GENERAL
NY CLS CPL § 380.80 (2009)
§ 380.80. Reporting sentence to social services
Whenever a person receives a sentence of imprisonment, the court that has sentenced such person shall deliver the certificate of conviction and provide notification of the sentence imposed to the commissioner of social services who, in turn, shall deliver the certificate of conviction and provide notification of the sentence imposed to the appropriate local commissioner of social services.
FAMILY COURT ACT
ARTICLE 3. JUVENILE DELINQUENCY
PART 8. GENERAL PROVISIONS
NY CLS Family Ct Act § 381.3 (2009)
§ 381.3. Use of police records
1. All police records relating to the arrest and disposition
of any person under this article shall be kept in files separate and apart
from the arrests of adults and shall be withheld from public inspection.
2. Notwithstanding the provisions of subdivision one, the family court in
the county in which the petition was adjudicated may, upon motion and for
good cause shown, order such records open:
(a) to the respondent or his parent or person responsible for his care; or
(b) if the respondent is subsequently convicted of a crime, to a judge of
the court in which he was convicted, unless such record has been sealed pursuant
to section 375.1.
3. An order issued under subdivision two must be in writing.
EDUCATION LAW
TITLE II. SCHOOL DISTRICT ORGANIZATION
ARTICLE 55. REGULATION BY BOARDS OF EDUCATION OF CONDUCT ON SCHOOL
DISTRICT PROPERTY
NY CLS Educ § 2801-a (2009)
1. The board of education or trustees, as defined in section
two of this chapter, of every school district within the state, however created,
and every board of cooperative educational services and county vocational
education and extension board and the chancellor of the city school district
of the city of New York shall adopt and amend a comprehensive district-wide
school safety plan and building-level school safety plans regarding crisis
intervention, emergency response and management, provided that in the city
school district of the city of New York, such plans shall be adopted by the
chancellor of the city school district. Such plans shall be developed by
a district-wide school safety team and a building-level school safety team
established pursuant to subdivision four of this section and shall be in
a form developed by the commissioner in consultation with the division of
criminal justice services, the superintendent of the state police and any
other appropriate state agencies. A school district having only one school
building, shall develop a single building-level school safety plan, which
shall also fulfill all requirements for development of a district-wide plan.
2. Such comprehensive district-wide safety plan shall be developed by the
district-wide school safety team and shall include at a minimum:
a. policies and procedures for responding to implied or direct threats of violence by students, teachers, other school personnel as well as visitors to the school;
b. policies and procedures for responding to acts of violence by students, teachers, other school personnel as well as visitors to the school, including consideration of zero-tolerance policies for school violence;
c. appropriate prevention and intervention strategies such as:
(i) collaborative arrangements with state and
local law enforcement officials, designed to ensure that school safety officers
and other security personnel are adequately trained, including being trained
to de-escalate potentially violent situations, and are effectively and fairly
recruited;
(ii) non-violent conflict resolution training
programs;
(iii) peer mediation programs and youth courts;
and
(iv) extended day and other school safety programs;
d. policies and procedures for contacting appropriate law enforcement officials in the event of a violent incident;
e. policies and procedures for contacting parents, guardians or persons in parental relation to the students of the district in the event of a violent incident;
f. policies and procedures relating to school building security, including where appropriate the use of school safety officers and/or security devices or procedures;
g. policies and procedures for the dissemination of informative materials regarding the early detection of potentially violent behaviors, including but not limited to the identification of family, community and environmental factors, to teachers, administrators, school personnel, persons in parental relation to students of the district, students and other persons deemed appropriate to receive such information;
h. policies and procedures for annual school safety training for staff and students;
i. protocols for responding to bomb threats, hostage-takings, intrusions and kidnappings;
j. strategies for improving communication among students and between students and staff and reporting of potentially violent incidents, such as the establishment of youth-run programs, peer mediation, conflict resolution, creating a forum or designating a mentor for students concerned with bullying or violence and establishing anonymous reporting mechanisms for school violence; and
k. a description of the duties of hall monitors and any other school safety
personnel, the training required of all personnel acting in a school security
capacity, and the hiring and screening process for all personnel acting in
a school security capacity.
3. A school emergency response plan, developed by the building-level school
safety team defined in subdivision four of this section, shall include the
following elements:
a. policies and procedures for the safe evacuation of students, teachers, other school personnel as well as visitors to the school in the event of a serious violent incident or other emergency, which shall include evacuation routes and shelter sites and procedures for addressing medical needs, transportation and emergency notification to persons in parental relation to a student. For purposes of this subdivision, "serious violent incident" means an incident of violent criminal conduct that is, or appears to be, life threatening and warrants the evacuation of students and/or staff, as defined in regulations of the commissioner developed in conjunction with the division of criminal justice services;
b. designation of an emergency response team comprised of school personnel, local law enforcement officials, and representatives from local regional and/or state emergency response agencies, other appropriate incident response teams, and a post-incident response team that includes appropriate school personnel, medical personnel, mental health counselors and others who can assist the school community in coping with the aftermath of a violent incident;
c. procedures for assuring that crisis response and law enforcement officials have access to floor plans, blueprints, schematics or other maps of the school interior, school grounds and road maps of the immediate surrounding area;
d. establishment of internal and external communication systems in emergencies;
e. definition of the chain of command in a manner consistent with the national interagency incident management system/incident command system;
f. coordination of the school safety plan with the state-wide plan for disaster mental health services to assure that the school has access to federal, state and local mental health resources in the event of a violent incident;
g. procedures for review and the conduct of drills and other exercises to test components of the emergency response plan; and
h. policies and procedures for securing and restricting access to the crime
scene in order to preserve evidence in cases of violent crimes on school
property.
4. Each district-wide school safety team shall be appointed by the board
of education, or the chancellor in the case of the city school district of
the city of New York, and shall include but not be limited to representatives
of the school board, student, teacher, administrator, and parent organizations,
school safety personnel, and other school personnel. Each building-level
school safety team shall be appointed by the building principal, in accordance
with regulations or guidelines prescribed by the board of education, chancellor
or other governing body. Such building-level teams shall include but not
be limited to representatives of teacher, administrator, and parent organizations,
school safety personnel and other school personnel, community members, local
law enforcement officials, local ambulance or other emergency response agencies,
and any other representatives the board of education, chancellor or other
governing body deems appropriate.
5. Each safety plan shall be reviewed by the appropriate school safety team
on at least an annual basis, and updated as needed.
6. Each board of education, chancellor or other governing body shall make
each district-wide and building-level school safety plan available for public
comment at least thirty days prior to its adoption, provided that only a
summary of each building-level emergency response plan shall be made available
for public comment. Such district-wide and building level plans may be adopted
by the school board only after at least one public hearing that provides
for the participation of school personnel, parents, students and any other
interested parties. Each district shall file a copy of its district-wide
comprehensive safety plan with the commissioner and all amendments to such
plan shall be filed with the commissioner no later than thirty days after
their adoption. A copy of each building-level safety plan and any amendments
thereto, shall be filed with the appropriate local law enforcement agency
and with the state police within thirty days of its adoption. Building-level
emergency response plans shall be confidential and shall not be subject to
disclosure under article six of the public officers law or any other provision
of law. If the board of education, chancellor or other governing body or
chancellor fails to file such plan as required by this section, the commissioner
may, in an amount determined by the commissioner, withhold public money from
the district until the district is in compliance.
7. The commissioner may grant a waiver of the requirements of this section
to any school district or board of cooperative educational services for a
period of up to two years from the date of enactment upon a finding by the
commissioner that such district had adopted a comprehensive school safety
plan on the effective date of this section which is in substantial compliance
with the requirements of this section.
8. The commissioner shall annually report to the governor and the legislature
on the implementation and compliance with the provisions of this section.
9. Whenever it shall have been demonstrated to the satisfaction of the commissioner
that a school district has failed to adopt a code of conduct which fully
satisfies the requirements of section twenty-eight hundred one of this article,
or a school safety plan which satisfies the requirements of this section,
or to faithfully and completely implement either or both, the commissioner
may, on thirty days notice to the district, withhold from the district monies
to be paid to such district for the current school year pursuant to section
thirty-six hundred nine-a of this chapter, exclusive of monies to be paid
in respect of obligations to the retirement systems for school and district
staff and pursuant to collective bargaining agreements, or the commissioner
may direct the district to expend up to such amount upon the development
and implementation of a code of conduct and a school district safety plan
as required by such sections. Prior to such withholding or redirection, the
commissioner shall provide the district an opportunity to present evidence
of extenuating circumstances; when combined with evidence that the district
shall promptly comply within short time frames that shall be established
by the commissioner as part of an agreement between the district and the
commissioner, the commissioner may temporarily stay the withholding or redirection
of funds pending implementation of such agreement. If the district promptly
and fully complies with the agreement and is in full compliance with this
section and section twenty-eight hundred one of this article, the commissioner
shall abate the withholding in its entirety. Any failure to meet the obligations
of the compliance agreement by the district within the time frames established
shall be considered a willful violation of a commissioner's order by the
members of the district board for purposes of subdivision one of section
three hundred six of the education law. Notwithstanding any other law, rule
or regulation, such transfer shall take effect upon filing of a notice thereof
with the director of the budget and the chairs of the senate finance and
assembly ways and means committees.
EDUCATION LAW
TITLE II. SCHOOL DISTRICT ORGANIZATION
ARTICLE 55. REGULATION BY BOARDS OF EDUCATION OF CONDUCT ON SCHOOL
DISTRICT PROPERTY
NY CLS Educ § 2802 (2009)
§ 2802. Uniform violent incident reporting system
1. The commissioner, in conjunction with the division of criminal
justice services, shall promulgate regulations defining "violent or
disruptive incidents" for the purposes of this section.
2. The commissioner, in conjunction with the division of criminal justice
services, shall establish a statewide uniform violent incident reporting
system which public school districts, boards of cooperative educational services
and county vocational education and extension boards shall follow.
3. The uniform violent incident reporting system shall require public school
districts, boards of cooperative educational services and county vocational
education and extension boards to annually report to the commissioner in
a form and by a date prescribed by the commissioner, the following information
concerning violent and disruptive incidents that occurred in the prior school
year:
a. the type of offenders;
b. if any offender is a student, the age and grade of the student;
c. the location at which the incident occurred;
d. the type of incident;
e. whether the incident occurred during or outside of regular school hours;
f. where the incident involves a weapon, whether the weapon was a firearm, knife or other weapon;
g. the actions taken by the school in response to the incident, including when the incident was reported to law enforcement officials and whether disciplinary action was taken against the offenders;
h. any student discipline or referral action taken against a student/offender, including but not limited to an out-of-school suspension, an involuntary transfer to an alternative placement, an in-school suspension, a referral for community service, a referral for counseling, or a referral to the juvenile justice system, and the duration of such action; and
i. the nature of the victim and the victim's age and grade where appropriate.
4. The commissioner shall require a summary of such information to be included,
in a form prescribed by the commissioner, in the school district report cards
or board of cooperative educational services report cards required by this
chapter.
5. By January first of each year, the commissioner shall report to the governor,
the legislature and the regents concerning the prevalence of violence and
disruptive incidents in the public schools, and the effectiveness of school
programs undertaken to reduce violence and assure the safety and security
of students and school personnel. The report shall summarize the information
available from the incident reporting system, and identify specifically the
schools and school districts with the least and greatest incidence of violent
and disruptive incidents, and the least and most improvement since the previous
year or years. The report shall also, to the extent possible, relate the
results available from the incident reporting system, together with such
other analysis and information as the commissioner determines is appropriate,
to the effectiveness of school violence measures undertaken by participating
schools and school districts, including the school codes and school safety
plans required by sections twenty-eight hundred one and twenty-eight hundred
one-a of this article.
6. The commissioner, in conjunction with the commissioner of the division
of criminal justice services, shall promulgate regulations to implement the
provisions of this section and to assure to the extent practicable that the
reports used by school districts are uniform and comparable with respect
to the types of incidents reported and the responses of the schools and the
school districts. Such regulations shall provide for the confidentiality
of all personally identifiable information and shall ensure that any personally
identifiable information which is collected is used only for its intended
purpose.
7. [Expires and repealed June 30, 2009] Notwithstanding any other provision
of state or local law, rule or regulation to the contrary, any student who
attends a persistently dangerous public elementary or secondary school, as
determined by the commissioner pursuant to paragraph a of this subdivision,
or who is a victim of a violent criminal offense, as defined pursuant to
paragraph b of this subdivision, that occurred on the grounds of a public
elementary or secondary school that the student attends, shall be allowed
to attend a safe public school within the local educational agency to the
extent required by section ninety-five hundred thirty-two of the No Child
Left Behind Act of 2001.
a. The commissioner shall annually determine which public elementary and secondary schools are persistently dangerous in accordance with regulations of the commissioner developed in consultation with a representative sample of local educational agencies. Such determination shall be based on data submitted through the uniform violent incident reporting system over a period prescribed in the regulations, which shall not be less than two years.
b. Each local educational agency required to provide unsafe school choice shall establish procedures for determinations by the superintendent of schools or other chief school officer of whether a student is the victim of a violent criminal offense that occurred on school grounds of the school that the student attends. Such superintendent of schools or other chief school officer shall, prior to making any such determination, consult with any law enforcement agency investigating such alleged violent criminal offense and consider any reports or records provided by such agency. The trustees or board of education or other governing board of a local educational agency may provide, by local rule or by-law, for appeal of the determination of the superintendent of schools to such governing board. Notwithstanding any other provision of law to the contrary, the determination of such chief school officer pursuant to this paragraph shall not have collateral estoppel effect in any student disciplinary proceeding brought against the alleged victim or perpetrator of such violent criminal offense. For purposes of this subdivision, "violent criminal offense" shall mean a crime that involved infliction of serious physical injury upon another as defined in the penal law, a sex offense that involved forcible compulsion or any other offense defined in the penal law that involved the use or threatened use of a deadly weapon.
c. Each local educational agency, as defined in subsection twenty-six of section ninety-one hundred one of the No Child Left Behind Act of 2001, that is required to provide school choice pursuant to section ninety-five hundred thirty-two of the No Child Left Behind Act of 2001 shall establish procedures for notification of parents of, or persons in parental relation to, students attending schools that have been designated as persistently dangerous and parents of, or persons in parental relation to, students who are victims of violent criminal offenses of their right to transfer to a safe public school within the local educational agency and procedures for such transfer, except that nothing in this subdivision shall be construed to require such notification where there are no other public schools within the local educational agency at the same grade level or such transfer to a safe public school within the local educational agency is otherwise impossible or to require a local educational agency that has only one public school within the local educational agency or only one public school at each grade level to develop such procedures. The commissioner shall be authorized to adopt any regulations deemed necessary to assure that local educational agencies implement the provisions of this subdivision.
EDUCATION LAW
TITLE IV. TEACHERS AND PUPILS
ARTICLE 61. TEACHERS AND SUPERVISORY AND ADMINISTRATIVE STAFF
NY CLS Educ § 3028-c (2009)
§ 3028-c. Protection of school employees who report acts of violence and weapons possession
Any school employee having reasonable cause to suspect that a person has committed an act of violence while in or on school property, or having reasonable cause to suspect that a person has committed an act of violence upon a student, school employee or volunteer either upon school grounds or elsewhere, or having reasonable cause to suspect that a person has brought a gun, knife, bomb or other instrument capable of or that appears capable of causing death or physical injury upon school grounds who in good faith reports such information to school officials, to the commissioner, or to law enforcement authorities, shall have immunity from any civil liability that may arise from the making of such report, and no school district or school district employee shall take, request or cause a retaliatory action against any such employee who makes such report.