Assembly Bill A2542

2009-2010 Legislative Session

Requires investigation of school district personnel involved with the care, custody or supervision of a child

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Archive: Last Bill Status - In Assembly Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2009-A2542 (ACTIVE) - Details

See Senate Version of this Bill:
S516
Current Committee:
Assembly Education
Law Section:
Education Law
Laws Affected:
Add §3001-e, amd §2590-h, Ed L
Versions Introduced in Other Legislative Sessions:
2011-2012: A7352, S3545
2013-2014: S2302
2015-2016: S4575
2017-2018: S6148
2019-2020: S1123
2021-2022: S4566
2023-2024: S3081

2009-A2542 (ACTIVE) - Summary

Requires pre-employment investigation of school district personnel to determine criminal history or the presence of controlled substances or communicable diseases; requires submission to fingerprinting and other tests.

2009-A2542 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  2542

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 20, 2009
                               ___________

Introduced by M. of A. CUSICK -- read once and referred to the Committee
  on Education

AN  ACT to amend the education law, in relation to pre-employment inves-
  tigations for personnel employed in school districts

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The education law is amended by adding a new section 3001-e
to read as follows:
  S 3001-E. PRE-EMPLOYMENT INVESTIGATION OF PERSONNEL EMPLOYED IN SCHOOL
DISTRICTS. 1. EVERY SCHOOL DISTRICT SHALL CONDUCT A PRE-EMPLOYMENT BACK-
GROUND INVESTIGATION FOR ALL PERSONNEL EMPLOYED IN THE DISTRICT.
  2. EACH DISTRICT, IN COOPERATION WITH THE DIVISION OF CRIMINAL JUSTICE
SERVICES,  SHALL PROMULGATE REGULATIONS REQUIRING ALL PERSONNEL EMPLOYED
IN SUCH SCHOOL DISTRICT TO SUBMIT TO MANDATORY BACKGROUND QUESTIONNAIRES
AND TO SUCH OTHER TESTS FOR THE PRESENCE  OF  CONTROLLED  SUBSTANCES  OR
COMMUNICABLE DISEASES AS SHALL BE DETERMINED TO BE NECESSARY AND PROPER.
  3.  EVERY  PERSON,  AS A CONDITION OF EMPLOYMENT IN A SCHOOL DISTRICT,
SHALL COMPLETE A BACKGROUND QUESTIONNAIRE, SUBMIT TO  SUCH  OTHER  TESTS
FOR  THE  PRESENCE  OF CONTROLLED SUBSTANCES OR COMMUNICABLE DISEASES AS
SHALL BE DETERMINED TO BE NECESSARY AND PROPER AND  SIGN  A  DECLARATION
UNDER PENALTY OF PERJURY REGARDING ANY PRIOR CRIMINAL CONVICTIONS.
  4. NO SCHOOL DISTRICT EMPLOYEE SHALL BE ASSIGNED TO WORK INVOLVING THE
CARE,  CUSTODY  OR  SUPERVISION OF A CHILD IF IT IS DETERMINED THAT SUCH
PERSON HAS TESTED POSITIVE FOR THE PRESENCE OF A CONTROLLED SUBSTANCE OR
COMMUNICABLE DISEASE.
  5. FOR PURPOSES OF THIS SECTION, "COMMUNICABLE DISEASE" SHALL MEAN ANY
DISEASE THAT THE COMMISSIONER OF HEALTH, IN THE REASONABLE  EXERCISE  OF
HIS  OR  HER  MEDICAL  JUDGEMENT, DETERMINES TO BE COMMUNICABLE, RAPIDLY
EMERGENT OR A SIGNIFICANT THREAT TO PUBLIC HEALTH. THE  LIST  OF  DESIG-
NATED COMMUNICABLE DISEASES IS IN 10 NYCRR 2.1.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01504-01-9

              

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