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Student Support Services

Child Abuse in an Educational Setting

Child abuse in an educational setting is an act of abuse by a school employee or volunteer to a student under 21 years old, where the act takes place on school grounds or in any location for school activities.ÌýFurther information on child abuse in an educational setting can be found in , which applies to public school districts, charter schools, nonpublic schools, BOCES, special act school districts, approved preschool special education programs, approved private residential or non-residential schools for the education of students with disabilities, and State-operated or State-supported schools.

Incidents of child abuse in an educational setting are different from incidents of child abuse by caregivers, as defined by the (OCFS). Information on the policies and procedures related to child abuse by caregivers, including the responsibilities of mandated reporters, can be found on the .

Reporting Allegations

Certain school employees and volunteers are required to follow a reporting process if they receive an allegation of child abuse in an educational setting. This includes the following:

  • Teachers
  • Administrators
  • School building administrators
  • Superintendents
  • School nurses
  • School guidance counselors
  • School psychologists
  • School social workers
  • School board members
  • Teacher aides
  • School resource officers
  • All other school personnel required to hold a teaching or administrative license or certificate
  • School bus drivers
  • Licensed and registered physical therapists, occupational therapists, or speech-language pathologists
  • All other persons that contract with a school to provide transportation services to children
  • Reporting Requirements – This information outlines the required reporting process for allegations of child abuse in an educational setting.
  • Report Form – This form is to be completed by any of the individuals above who witness or are made aware of a potential incident of child abuse in an educational setting. See the reporting requirements webpage for details on using this form.
  • Submission –ÌýAfter the report form has been completed and the school or district has investigated the allegation, any reasonable suspicion that an act of child abuse occurred requires the report form to be submitted to appropriate law enforcement authorities. Please note that law enforcement may provide a different process to receiving and investigating the allegation. Additionally, if the alleged school employee or volunteer holds a certification or license issued by Âé¶¹¹ÙÍø, the report form must concurrently be submitted to Âé¶¹¹ÙÍø's Office of School Personnel Review and Accountability (OSPRA@nysed.gov).

Child Abuse in an Educational Setting Training

Effective June 5, 2019, all schools are required to establish, and implement on an ongoing basis, training in the identification and reporting of child abuse in an educational setting. Review Training Requirements for information on who is mandated to receive training and what the training must include.