S T A T E O F N E W Y O R K
________________________________________________________________________
3242
2011-2012 Regular Sessions
I N A S S E M B L Y
January 24, 2011
___________
Introduced by M. of A. JEFFRIES -- read once and referred to the Commit-
tee on Social Services
AN ACT to amend the social services law, in relation to reports of
educational neglect by school districts
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 8 of section 34-a of the social services law,
as added by chapter 543 of the laws of 2006, is amended to read as
follows:
8. The commissioner of the office of children and family services
shall, in conjunction with the commissioner of education, develop model
practices and procedures for local social services districts and school
districts regarding the reporting and investigation of educational
neglect. SUCH POLICIES SHALL REQUIRE THAT A HEARING BY THE COMMITTEE ON
SPECIAL EDUCATION, OR SUCH OTHER APPROPRIATE HEARING BODY, SHALL BE
CONDUCTED AND CONCLUDED PRIOR TO THE FILING OF ANY REPORT WITH THE LOCAL
SOCIAL SERVICES DISTRICT ALLEGING EDUCATIONAL NEGLECT. Such model prac-
tices and procedures shall be available to social services districts and
school districts and shall be posted on the office of children and fami-
ly services website and the state department of education website by
September first, two thousand seven. Each social services district
shall, in conjunction with local school districts within its district,
submit written policies and procedures regarding the reporting of educa-
tional neglect by each school district within such social services
district and the investigation of educational neglect allegations by
child protective services. Such policies and procedures shall be submit-
ted to the office of children and family services for review by January
first, two thousand eight and the office shall approve or disapprove
such local policies and procedures, based upon the model practices and
procedures established in conjunction with the state department of
education, within sixty days of submission.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02373-01-1
A. 3242 2
S 2. Paragraph (c) of subdivision 5 of section 422 of the social
services law, as added by chapter 555 of the laws of 2000, is amended to
read as follows:
(c) Notwithstanding any other provision of law, the office of children
and family services may, in its discretion, grant a request to expunge
an unfounded report where: (i) the source of the report was convicted of
a violation of subdivision three of section 240.55 of the penal law in
regard to such report; or (ii) the subject of the report presents clear
and convincing evidence that affirmatively refutes the allegation of
abuse or maltreatment; provided however, that the absence of credible
evidence supporting the allegation of abuse or maltreatment shall not be
the sole basis to expunge the report, EXCEPT THAT WHERE THE MALTREATMENT
ALLEGED WAS BASED UPON A CLAIM OF EDUCATIONAL NEGLECT AND SUCH REPORT
WAS DETERMINED TO BE UNFOUNDED THE OFFICE SHALL EXPUNGE THE REPORT BASED
SOLELY UPON SUCH FINDING. Nothing in this paragraph shall require the
office of children and family services to hold an administrative hearing
in deciding whether to expunge a report. Such office shall make its
determination upon reviewing the written evidence submitted by the
subject of the report and any records or information obtained from the
state or local agency which investigated the allegations of abuse or
maltreatment.
S 3. This act shall take effect immediately.