STATE OF NEW YORK ________________________________________________________________________ 64 2025-2026 Regular Sessions IN ASSEMBLY (Prefiled) January 8, 2025 ___________ Introduced by M. of A. HEVESI -- read once and referred to the Committee on Children and Families AN ACT to amend the family court act, the criminal procedure law and the education law, in relation to notifying school districts of orders of protection and temporary orders of protection The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 842 of the family court act is amended by adding a 2 new closing paragraph to read as follows: 3 In any proceeding in which a child is the protected party in whose 4 favor an order of protection or temporary order of protection has been 5 issued, and such child legally attends a school in the state of New 6 York, the court shall notify such school or board of cooperative educa- 7 tional services of such school district on the same day as the issuance, 8 modification, extension, dismissal, or expiration of the order of 9 protection or temporary order of protection, or as soon thereafter as 10 practicable, when such order of protection or temporary order of 11 protection requires the parent or the person legally responsible for 12 such child's care, or the spouse of the parent or other person legally 13 responsible for such child's care, to stay away from such child's 14 school. The presentation of a copy of such order to such school or 15 board of cooperative educational services of such school district shall 16 not impose on such school or board of cooperative educational services 17 of such school district any duty of care greater than what is legally 18 required. The court shall be required to adopt a process by which the 19 school district superintendent, school building principal, or school 20 administrator of the school such child legally attends is confidentially 21 notified by mail, fax, or secure electronic document. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD00031-01-5
A. 64 2 1 § 2. Subdivisions 6 and 8 of section 530.12 of the criminal procedure 2 law, as amended by chapter 480 of the laws of 2013, are amended to read 3 as follows: 4 6. An order of protection or a temporary order of protection issued 5 pursuant to subdivision one, two, three, four or five of this section 6 shall bear in a conspicuous manner the term "order of protection" or 7 "temporary order of protection" as the case may be and a copy shall be 8 filed by the clerk of the court with the sheriff's office in the county 9 in which the complainant resides, or, if the complainant resides within 10 a city, with the police department of such city. The order of protection 11 or temporary order of protection shall also contain the following 12 notice: "This order of protection will remain in effect even if the 13 protected party has, or consents to have, contact or communication with 14 the party against whom the order is issued. This order of protection can 15 only be modified or terminated by the court. The protected party cannot 16 be held to violate this order nor be arrested for violating this 17 order."[.] The absence of such language shall not affect the validity of 18 such order. A copy of such order of protection or temporary order of 19 protection may from time to time be filed by the clerk of the court with 20 any other police department or sheriff's office having jurisdiction of 21 the residence, work place, and school of anyone intended to be protected 22 by such order. In any proceeding in which a child is the protected party 23 in whose favor an order of protection or temporary order of protection 24 has been issued, and such child legally attends a public or private 25 elementary, middle, or secondary school in the state of New York, the 26 clerk of the court shall confidentially notify the school superinten- 27 dent, school district superintendent, building principal, and/or other 28 school administrator of such school or board of cooperative educational 29 services of such school district pursuant to subdivision eight of this 30 section. A copy of the order may also be filed by the complainant at the 31 appropriate police department or sheriff's office having jurisdiction. 32 Any subsequent amendment or revocation of such order shall be filed in 33 the same manner as herein provided. 34 Such order of protection shall plainly state the date that such order 35 expires. 36 8. In any proceeding in which an order of protection or temporary 37 order of protection or a warrant has been issued under this section, the 38 clerk of the court shall issue to the complainant and defendant and 39 defense counsel and to any other person affected by the order a copy of 40 the order of protection or temporary order of protection and ensure that 41 a copy of the order of protection or temporary order of protection be 42 transmitted to the local correctional facility where the individual is 43 or will be detained, the state or local correctional facility where the 44 individual is or will be imprisoned, and the supervising probation 45 department or department of corrections and community supervision where 46 the individual is under probation or parole supervision. In any 47 proceeding in which a child is the protected party in whose favor an 48 order of protection or temporary order of protection has been issued, 49 and such child legally attends a public or private elementary, middle, 50 or secondary school in the state of New York, the clerk of the court 51 shall confidentially notify the school superintendent, school district 52 superintendent, building principal, and/or other school administrator of 53 such school or board of cooperative educational services of such school 54 district by mail, fax, or secure electronic format on the same day as 55 the issuance, modification, extension, dismissal, or expiration of the 56 order of protection or temporary order of protection, or as soon there-
A. 64 3 1 after as practicable, when such order of protection or temporary order 2 of protection requires the parent or the person legally responsible for 3 such child's care, or the spouse of the parent or other person legally 4 responsible for such child's care, to stay away from such child's 5 school. The presentation of a copy of such order to such school or board 6 of cooperative educational services of such school district shall not 7 impose on such school or board of cooperative educational services of 8 such school district any duty of care greater than what is legally 9 required. The presentation of a copy of such order or a warrant to any 10 peace officer acting pursuant to [his or her] such peace officer's 11 special duties or police officer shall constitute authority for [him or 12 her] such officer to arrest a person who has violated the terms of such 13 order and bring such person before the court and, otherwise, so far as 14 lies within [his or her] such officer's power, to aid in securing the 15 protection such order was intended to afford. The protected party in 16 whose favor the order of protection or temporary order of protection is 17 issued may not be held to violate an order issued in [his or her] such 18 party's favor nor may such protected party be arrested for violating 19 such order. 20 § 3. Paragraph e of subdivision 4 of section 2-d of the education law, 21 as added by section 1 of subpart L of part AA of chapter 56 of the laws 22 of 2014, is amended to read as follows: 23 e. Except as required by law or in the case of educational enrollment 24 data, school districts shall not report to the department the following 25 student data elements: 26 (1) juvenile delinquency records; 27 (2) criminal records; 28 (3) medical and health records; [and] 29 (4) student biometric information; and 30 (5) orders of protection in which the student is the protected party. 31 § 4. Paragraph c of subdivision 1 of section 3210 of the education 32 law, as added by chapter 549 of the laws of 1986, is amended to read as 33 follows: 34 c. In the event that a person requests the release of a minor required 35 by the provisions of part one of this article to attend upon instruc- 36 tion, the identity of such person shall be verified against a list of 37 names provided by the person or persons in parental relation to the 38 minor, as defined in section two of this chapter, at the time of such 39 minor's enrollment. The school district may adopt appropriate procedures 40 for the purpose of submitting a list of names at a later date or updat- 41 ing the list of names provided by the person or persons in parental 42 relation. If such person is identified as one of those persons included 43 on such list, such minor may be released from attendance. If such person 44 is identified as a person not included on such list, such minor may not 45 be released except in the event of an emergency as determined in the 46 sole discretion of the principal of the school, or [his] such princi- 47 pal's designee, provided that the person or persons in parental relation 48 to the minor have been contacted and have agreed to such release. A 49 school district may presume that either parent of the student has 50 authority to obtain the release of said minor unless the school district 51 has been provided with a certified copy of the legally binding instru- 52 ment, such as the court order or decree of divorce, separation or custo- 53 dy which provides evidence to the contrary, or an order of protection 54 pursuant to section eight hundred forty-two of the family court act or 55 subdivisions six and eight of section 530.12 of the criminal procedure 56 law. No situation shall be deemed an emergency until the facts of such
A. 64 4 1 situation have been verified by such principal or [his] such principal's 2 designee. No civil or criminal liability shall arise or attach to any 3 school district or employee thereof for any act or omission to act as a 4 result of, or in connection with, the duties or activities authorized or 5 directed by this paragraph. The foregoing procedure shall not apply to 6 release of a minor pursuant to the protective custody provisions of the 7 social services law and the family court act. 8 § 5. This act shall take effect on the ninetieth day after it shall 9 have become a law. Effective immediately, the addition, amendment and/or 10 repeal of any rule or regulation necessary for the implementation of 11 this act on its effective date are authorized to be made and completed 12 on or before such effective date.