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‘That financial impact is quite significant’: Assembly bill would create fund for schools facing CVA cases

Posted at 4:13 PM, Sep 18, 2023
and last updated 2023-09-18 19:08:32-04

BUFFALO, N.Y. (WKBW) — The New York State Child Victims Act allowed those who were victims of abuse as children the opportunity to hold their abusers accountable. But one of the long-term effects is that local school districts, and as a result taxpayers, are on the hook for pricey settlements.

Just last year, the Ken-Ton School District agreed to spend $17.5 million to settle dozens of lawsuits accusing former teacher Arthur Werner of abuse.

Assemblyman William C. Conrad III (D-NY 140) co-sponsored a bill that would establish a $200 million state fund to support school districts facing CVA settlement costs.

It's an effort Conrad emphasizes is meant to protect today's students from unintended consequences of the CVA — like cuts to programming.

"As a result, what does that mean? It could be anything from middle school sports, larger class sizes, you name it," said Conrad.

The $200 million is just a drop in the bucket, but it's meant to soften the blow. The bill includes a provision requiring districts to exhaust options for remuneration by insurance carriers prior to gaining access to the fund.

The idea received support from local school leaders, including Maryvale Superintendent Joseph D'Angelo.

"Unless NYS corrects this unintended, but very real consequence of the Child Victims Act, our students and community will be punished because the money now used on programming for students: lower class sizes, advanced placement courses, college articulation courses, sports, the arts, just to name a few, will now need to be used to pay the CVA claims," wrote D'Angelo in a statement to 7 News.

"I reiterate that any and all abuse is abhorrent. But the taxpayers and children of today should not have to bear the brunt of events from the 1970's," D'Angelo added.

The budget bill won't necessarily pass, but is meant to start a conversation surrounding the blow area districts are now facing.

“I know folks that don’t want anybody to pay at all and it should be the people that did this damage themselves that pay. But in many cases those people are either dead or are not fit to stand trial. And the result is the school district is the one in this position," said Conrad.

Assemblymember Monica P. Wallace (D-NY 143) also co-sponsored the legislation. She told 7 News children who were sexually abused in school decades ago deserve justice. But adds that current students shouldn't be penalized for bad actions in the past.