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

                                  6369

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                              March 2, 2009
                               ___________

Introduced  by  M.  of  A.  NOLAN  -- (at request of the State Education
  Department) -- read once and referred to the Committee on Education

AN ACT to amend the education law, in relation to requiring the  finger-
  printing of prospective employees of public or publicly-funded special
  education  schools and prospective employees in the office of cultural
  education, for the  purpose  of  conducting  criminal  history  record
  checks; and making an appropriation therefor

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

  Section 1. Paragraphs (a) and (b) of subdivision 30 of section 305  of
the education law, paragraph (a), the opening paragraph of paragraph (b)
and  subparagraph  (i) of paragraph (b) as amended by chapter 630 of the
laws of 2006 and paragraph (b) as added by chapter 180 of  the  laws  of
2000, are amended to read as follows:
  (a)  The  commissioner,  in  cooperation with the division of criminal
justice services and in accordance with  all  applicable  provisions  of
law,  shall promulgate rules and regulations to require the fingerprint-
ing of prospective employees, as defined in section eleven hundred twen-
ty-five of this chapter, of school districts, charter schools and boards
of cooperative educational services, AND SPECIAL EDUCATION SCHOOLS,  and
authorizing the fingerprinting of prospective employees of nonpublic and
private elementary and secondary schools, and for the use of information
derived from searches of the records of the division of criminal justice
services  and  the  federal  bureau of investigation based on the use of
such fingerprints. The commissioner shall also develop a form for use by
school districts, charter schools,  boards  of  cooperative  educational
services, SPECIAL EDUCATION SCHOOLS and nonpublic and private elementary
and  secondary schools in connection with the submission of fingerprints
that contains the specific job title sought and  any  other  information
that may be relevant to consideration of the applicant. The commissioner
shall  also establish a form for the recordation of allegations of child
abuse in an educational setting, as required pursuant to section  eleven
hundred twenty-six of this chapter. No person who has been fingerprinted
pursuant to section three thousand four-b of this chapter or pursuant to

              

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09354-02-9

A. 6369                             2

section  five  hundred  nine-cc  or  twelve hundred twenty-nine-d of the
vehicle and traffic law and whose fingerprints remain on file  with  the
division of criminal justice services shall be required to undergo fing-
erprinting  for  purposes  of  a new criminal history record check. This
subdivision and the rules and regulations promulgated  pursuant  thereto
shall  not apply to a school district within a city with a population of
one million or more, OR TO SPECIAL EDUCATION SCHOOLS LOCATED WITHIN SUCH
CITY.
  (b) The commissioner, in cooperation with  the  division  of  criminal
justice  services,  shall  promulgate  a form to be provided to all such
prospective employees of school districts, charter  schools,  boards  of
cooperative  educational services, SPECIAL EDUCATION SCHOOLS and nonpub-
lic and private elementary and secondary schools that elect  to  finger-
print and seek clearance for prospective employees that shall:
  (i)  inform the prospective employee that the commissioner is required
or authorized to request his or her criminal  history  information  from
the  division  of  criminal  justice  services and the federal bureau of
investigation and review such information pursuant to this section,  and
provide  a  description  of  the  manner in which his or her fingerprint
cards will be used upon submission to the division of  criminal  justice
services;
  (ii)  inform  the prospective employee that he or she has the right to
obtain, review and seek correction of his or her criminal history infor-
mation pursuant to regulations and procedures established by  the  divi-
sion of criminal justice services.
  S  2. Subparagraph (vii) of paragraph (c) of subdivision 30 of section
305 of the education law, as amended by chapter 630 of the laws of 2006,
is amended to read as follows:
  (vii) been informed that in the event his or her employment is  termi-
nated  and  such  person  has not become employed in the same or another
school  district,  charter  school,  board  of  cooperative  educational
services, SPECIAL EDUCATION SCHOOL or nonpublic or private elementary or
secondary  school  within  [twelve-months]  TWELVE MONTHS of such termi-
nation, the commissioner shall notify the division of  criminal  justice
services  of  such  termination,  and  the  division of criminal justice
services shall destroy the fingerprints of such person. Such person  may
request  that  the  commissioner notify the division of criminal justice
services that his or her fingerprints shall be destroyed  prior  to  the
expiration  of  such  twelve month period in which case the commissioner
shall notify the division of criminal justice services and the  division
shall  destroy  the fingerprints of such person promptly upon receipt of
the request; and
  S 3. Paragraph (d) of subdivision 30 of section 305 of  the  education
law,  as  amended by chapter 630 of the laws of 2006, is amended to read
as follows:
  (d) The commissioner shall develop forms to be provided to all  school
districts,  charter schools, boards of cooperative educational services,
SPECIAL EDUCATION SCHOOLS and to all nonpublic  and  private  elementary
and  secondary  schools  that  elect  to  fingerprint  their prospective
employees, to be completed and  signed  by  prospective  employees  when
conditional appointment or emergency conditional appointment is offered.
  S  4. Subdivision 30 of section 305 of the education law is amended by
adding a new paragraph (f) to read as follows:
  (F) AS USED IN THIS SECTION AND SECTION THREE THOUSAND THIRTY-FIVE  OF
THIS CHAPTER, "SPECIAL EDUCATION SCHOOL" SHALL MEAN A STATE SCHOOL OPER-
ATED PURSUANT TO ARTICLE EIGHTY-SEVEN OR EIGHTY-EIGHT OF THIS CHAPTER, A

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STATE-SUPPORTED  SCHOOL OPERATED PURSUANT TO ARTICLE EIGHTY-FIVE OF THIS
CHAPTER, AN APPROVED PRIVATE NON-RESIDENTIAL OR RESIDENTIAL  SCHOOL  FOR
THE  EDUCATION  OF STUDENTS WITH DISABILITIES THAT IS LOCATED WITHIN THE
STATE,  OR  AN APPROVED PROVIDER OF PRESCHOOL SPECIAL EDUCATION SERVICES
OR PROGRAMS THAT IS LOCATED WITHIN THE STATE; PROVIDED  THAT  SUCH  TERM
SHALL  NOT APPLY TO A SCHOOL OR FACILITY OPERATED OR LICENSED BY A STATE
AGENCY OTHER THAN THE DEPARTMENT, UNLESS SUCH SCHOOL OR FACILITY IS ALSO
AN APPROVED PRIVATE SCHOOL FOR STUDENTS WITH DISABILITIES OR AN APPROVED
PROVIDER UNDER SECTION FORTY-FOUR HUNDRED TEN OF THIS CHAPTER.
  S 5. Subdivisions 3, 4, 5 and 6 of section 1125 of the education  law,
as  added  by  chapter  180  of  the laws of 2000, are amended and a new
subdivision 10 is added to read as follows:
  3. "Employee" shall mean any  person  receiving  compensation  from  a
school district, NON-RESIDENTIAL SPECIAL EDUCATION SCHOOL OR PROGRAM, or
employee  of  a  contracted service provider or worker placed within the
school under a public assistance employment program, pursuant  to  title
nine-B  of  article five of the social services law, and consistent with
the provisions of such title for  the  provision  of  services  to  such
district,  its  students  or  employees,  directly  or through contract,
whereby such services performed by such person  involve  direct  student
contact.
  4.  "Volunteer"  shall  mean  any  person, other than an employee, who
provides services to a school  or  school  district  OR  NON-RESIDENTIAL
SPECIAL  EDUCATION  SCHOOL  OR  PROGRAM,  which  involve  direct student
contact.
  5. "Educational setting" shall mean the  building  and  grounds  of  a
public  school  district,  NON-RESIDENTIAL  SPECIAL  EDUCATION SCHOOL OR
PROGRAM, the vehicles provided by the school district for the  transpor-
tation  of students to and from school buildings, field trips, co-curri-
cular and extra-curricular activities both on and  off  school  district
grounds,  all co-curricular and extra-curricular activity sites, and any
other location where direct contact between an employee or volunteer and
a child has allegedly occurred, EXCEPT THAT SUCH TERM SHALL NOT APPLY TO
A RESIDENTIAL SCHOOL WITH CHILDREN IN RESIDENTIAL CARE,  AS  DEFINED  IN
SUBDIVISION  SEVEN OF SECTION FOUR HUNDRED TWELVE OF THE SOCIAL SERVICES
LAW, FOR WHOM ALLEGATIONS OF ABUSE OF A CHILD  IN  RESIDENTIAL  CARE  OR
NEGLECT  OF A CHILD IN RESIDENTIAL CARE ARE SUBJECT TO MANDATORY REPORT-
ING TO THE STATEWIDE CENTRAL REGISTER OF CHILD  ABUSE  AND  MALTREATMENT
PURSUANT TO TITLE SIX OF ARTICLE SIX OF THE SOCIAL SERVICES LAW.
  6. "Administrator" or "school administrator" shall mean a principal of
a  public  school,  NON-RESIDENTIAL SPECIAL EDUCATION SCHOOL OR PROGRAM,
charter school or board of cooperative educational  services,  or  other
chief school officer.
  10. "NON-RESIDENTIAL SPECIAL EDUCATION SCHOOL OR PROGRAM" SHALL MEAN A
STATE  SUPPORTED SCHOOL OPERATED PURSUANT TO ARTICLE EIGHTY-FIVE OF THIS
CHAPTER THAT DOES NOT HAVE A RESIDENTIAL COMPONENT, AN APPROVED  PRIVATE
NON-RESIDENTIAL  SCHOOL  FOR THE EDUCATION OF STUDENTS WITH DISABILITIES
THAT IS LOCATED WITHIN THE STATE, OR AN APPROVED PROVIDER  OF  PRESCHOOL
SPECIAL EDUCATION SERVICES OR PROGRAMS THAT IS LOCATED WITHIN THE STATE;
PROVIDED THAT SUCH TERM SHALL ALSO APPLY TO AN APPROVED PRIVATE RESIDEN-
TIAL  SCHOOL  OR  APPROVED  PROVIDER OF PRESCHOOL SPECIAL EDUCATION THAT
PROVIDES A RESIDENTIAL PROGRAM THAT ALSO PROVIDES A DAY PROGRAM OR OTHER
NON-RESIDENTIAL PROGRAM IF THE STUDENTS IN SUCH NON-RESIDENTIAL  PROGRAM
ARE  NOT "CHILDREN IN RESIDENTIAL CARE," AS DEFINED IN SUBDIVISION SEVEN
OF SECTION FOUR HUNDRED TWELVE OF THE  SOCIAL  SERVICES  LAW,  FOR  WHOM
ALLEGATIONS  OF  ABUSE  OF  A  CHILD IN RESIDENTIAL CARE OR NEGLECT OF A

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CHILD IN RESIDENTIAL CARE ARE SUBJECT  TO  MANDATORY  REPORTING  TO  THE
STATEWIDE  CENTRAL  REGISTER OF CHILD ABUSE AND MALTREATMENT PURSUANT TO
TITLE SIX OF ARTICLE SIX OF THE SOCIAL SERVICES LAW.
  S  6.  Subdivision 2 of section 1126 of the education law, as added by
chapter 180 of the laws of 2000, is amended to read as follows:
  2. [In] (A) EXCEPT AS OTHERWISE PROVIDED  IN  PARAGRAPH  (B)  OF  THIS
SUBDIVISION,  IN any case where it is alleged that a child was abused by
an employee or volunteer of a school other  than  a  school  within  the
school  district  of  the child's attendance, the report of such allega-
tions shall be promptly forwarded to the superintendent  of  schools  of
the  school  district  of the child's attendance and the school district
where the abuse allegedly occurred, whereupon  both  school  superinten-
dents  shall comply with sections eleven hundred twenty-eight and eleven
hundred twenty-eight-a of this article.
  (B) IN THE CASE OF A NON-RESIDENTIAL SPECIAL EDUCATION  SCHOOL,  WHERE
IT  IS  ALLEGED  THAT  A CHILD WAS ABUSED BY AN EMPLOYEE OR VOLUNTEER OF
SUCH NON-RESIDENTIAL SPECIAL EDUCATION SCHOOL, THE REPORT OF SUCH  ALLE-
GATIONS SHALL BE PROMPTLY FORWARDED TO THE ADMINISTRATOR OF SUCH SCHOOL,
WHO  SHALL BE RESPONSIBLE FOR COMPLIANCE WITH ALL THE PROVISIONS OF THIS
ARTICLE THAT APPLY TO SUPERINTENDENTS OF SCHOOLS.
  S 7. Subdivision 1 of section 1128-a of the education law, as added by
chapter 180 of the laws of 2000, is amended to read as follows:
  1. Where a superintendent of schools OR SCHOOL ADMINISTRATOR  forwards
to law enforcement a report as described in paragraph (a) of subdivision
one  of  section  eleven  hundred  twenty-six of this article, he or she
shall refer such report to the commissioner where the employee or volun-
teer alleged to have committed an act of child abuse as defined in  this
article holds a certification or license issued by the department.
  S  8.  Subdivision 3 of section 1133 of the education law, as added by
chapter 180 of the laws of 2000, is amended to read as follows:
  3. Any superintendent of schools OR SCHOOL ADMINISTRATOR  who  reason-
ably  and in good faith reports to law enforcement officials information
regarding allegations of child abuse or a  resignation  as  required  by
this  article shall have immunity from any liability, civil or criminal,
which might otherwise result by reason of such actions.
  S 9. Subdivision 1 of section 3035 of the education law, as amended by
chapter 630 of the laws of 2006, is amended to read as follows:
  1. The commissioner shall submit to the division of  criminal  justice
services two sets of fingerprints of prospective employees as defined in
subdivision  three of section eleven hundred twenty-five of this chapter
received from a school district, charter school or board of  cooperative
educational  services and of prospective employees received from nonpub-
lic and private elementary and secondary schools pursuant to  title  two
of  this  chapter OR A SPECIAL EDUCATION SCHOOL, AS DEFINED IN PARAGRAPH
(F) OF SUBDIVISION THIRTY OF SECTION THREE HUNDRED FIVE OF THIS CHAPTER,
PURSUANT TO TITLE SIX OF ARTICLE SIX OF THE SOCIAL SERVICES  LAW,  OTHER
THAN A SPECIAL EDUCATION SCHOOL LOCATED IN THE CITY OF NEW YORK, and the
division of criminal justice services processing fee imposed pursuant to
subdivision  eight-a of section eight hundred thirty-seven of the execu-
tive law and any fee imposed by the federal bureau of investigation. The
division of criminal justice services and the federal bureau of investi-
gation shall forward such criminal history record to the commissioner in
a timely manner. For the purposes of this section,  the  term  "criminal
history record" shall mean a record of all convictions of crimes and any
pending  criminal charges maintained on an individual by the division of
criminal justice services and the federal bureau of  investigation.  All

A. 6369                             5

such  criminal history records sent to the commissioner pursuant to this
subdivision shall be confidential pursuant to the applicable federal and
state laws, rules and regulations, and shall not be published or in  any
way  disclosed  to persons other than the commissioner, unless otherwise
authorized by law.
  S 10. Subdivisions 3 and 3-a of section 3035  of  the  education  law,
subdivision 3 as amended by section 7 of chapter 630 of the laws of 2006
and  subdivision  3-a  as  added by chapter 380 of the laws of 2001, are
amended to read as follows:
  3. (a) Clearance. After receipt of a criminal history record from  the
division of criminal justice services and the federal bureau of investi-
gation  the  commissioner  shall  promptly notify the appropriate school
district, charter school, board  of  cooperative  educational  services,
[or]  nonpublic  or  private  elementary  or secondary school OR SPECIAL
EDUCATION SCHOOL whether the prospective employee to which  such  report
relates  is cleared for employment based upon his or her criminal histo-
ry. All determinations to grant or deny clearance for employment  pursu-
ant  to this paragraph shall be performed in accordance with subdivision
sixteen of section two hundred ninety-six of the executive law and arti-
cle twenty-three-A of the correction law. When the commissioner denies a
prospective employee clearance for employment, such prospective employee
shall be afforded notice and the right to be heard and  offer  proof  in
opposition  to  such determination in accordance with the regulations of
the commissioner, PROVIDED THAT IN THE CASE OF PROSPECTIVE EMPLOYEES  OF
STATE  SCHOOLS  PURSUANT TO ARTICLE EIGHTY-SEVEN OR EIGHTY-EIGHT OF THIS
CHAPTER THE DUE  PROCESS  PROCEDURES  ESTABLISHED  BY  THE  COMMISSIONER
PURSUANT TO SECTION FIFTY OF THE CIVIL SERVICE LAW SHALL APPLY.
  (b)  Conditional  clearance.  When the commissioner receives a request
for a determination  on  the  conditional  clearance  of  a  prospective
employee,  the  commissioner, after receipt of a criminal history record
from the division of criminal justice services,  shall  promptly  notify
the  prospective  employee  and the appropriate school district, charter
school, board of cooperative educational  services,  [or]  nonpublic  or
private  elementary or secondary school OR SPECIAL EDUCATION SCHOOL that
the prospective employee to which such report relates  is  conditionally
cleared  for  employment  based upon his or her criminal history or that
more time is needed to  make  the  determination.  If  the  commissioner
determines  that  more  time is needed, the notification shall include a
good faith estimate of  the  amount  of  additional  time  needed.  Such
notification  shall  be  made  within  fifteen  business  days after the
commissioner  receives  the  prospective  employee's  fingerprints.  All
determinations  to  grant  or  deny conditional clearance for employment
pursuant to this paragraph shall be performed in accordance with  subdi-
vision  sixteen  of  section two hundred ninety-six of the executive law
and article twenty-three-A of the correction law.
  3-a. Upon request from a prospective employee who has been cleared  by
the  commissioner  for employment and/or certification, the commissioner
shall have the authority to forward a  copy  of  such  criminal  history
record  to  the city school district of the city of New York by the most
expeditious means available. Furthermore, upon  notification  that  such
prospective employee is employed by the city school district of the city
of  New York OR IS EMPLOYED BY A SPECIAL EDUCATION SCHOOL THAT CONTRACTS
WITH THE CITY SCHOOL DISTRICT OF THE CITY OF NEW YORK, the  division  of
criminal justice services shall have the authority to provide subsequent
criminal  history  notifications directly to the city school district of
the city of New York. Upon request from a prospective employee  who  has

A. 6369                             6

been cleared for licensure and/or employment by the city school district
of  the city of New York OR HAS BEEN CLEARED BY THE CITY OF NEW YORK FOR
EMPLOYMENT BY A SPECIAL EDUCATION SCHOOL THAT IS LOCATED OUTSIDE OF  THE
CITY  SCHOOL  DISTRICT  OF THE CITY OF NEW YORK, such school district OR
CITY shall have the authority to  forward  a  copy  of  the  prospective
employee's  criminal  history  record  to  the commissioner, by the most
expeditious means available, for the purposes of this section.  Further-
more, upon notification that such prospective employee is employed by  a
school  district  outside the city of New York OR BY A SPECIAL EDUCATION
SCHOOL THAT IS LOCATED OUTSIDE OF THE CITY OF NEW YORK, the division  of
criminal justice services shall have the authority to provide subsequent
criminal history notifications directly to the commissioner.
  S  11.  Subdivision 3 of section 3035 of the education law, as amended
by section 8 of chapter 630 of the laws of 2006, is amended to  read  as
follows:
  3.  After  receipt  of  a criminal history record from the division of
criminal justice services and the federal bureau  of  investigation  the
commissioner  shall  promptly  notify  the  appropriate school district,
charter school,  board  of  cooperative  educational  services,  SPECIAL
EDUCATION  SCHOOL or nonpublic or private elementary or secondary school
whether the prospective employee to which such report relates is cleared
for employment based upon his or  her  criminal  history.  All  determi-
nations  to  grant  or  deny  clearance  for employment pursuant to this
subdivision shall be performed in accordance with subdivision sixteen of
section two hundred ninety-six of the executive law and article  twenty-
three-A  of the correction law.  When the commissioner denies a prospec-
tive employee clearance for employment, such prospective employee  shall
be  afforded  notice  and the right to be heard and offer proof in oppo-
sition to such determination in accordance with the regulations  of  the
commissioner.
  S  12.  Paragraph (i) of subdivision (a) of section 4212 of the educa-
tion law, as amended by chapter 32 of the laws of 1992,  is  amended  to
read as follows:
  (i)  consistent  with appropriate collective bargaining agreements and
applicable provisions of the civil service law, the  review  and  evalu-
ation  of  the backgrounds of and the information supplied by any person
applying to be an employee,  a  volunteer  or  consultant,  which  shall
include  but  not  be  limited  to  the following requirements: that the
applicant set forth his or her employment history, provide personal  and
employment  references, and relevant experiential and educational infor-
mation, [and] sign a sworn statement indicating whether  the  applicant,
to  the best of his or her knowledge, has ever been convicted of a crime
in this state or any other jurisdiction AND, IN THE CASE OF  A  PROSPEC-
TIVE EMPLOYEE, BE FINGERPRINTED FOR PURPOSES OF A CRIMINAL HISTORY BACK-
GROUND CHECK PURSUANT TO SUBDIVISION (D) OF THIS SECTION;
  S  13.  Section  4212  of the education law is amended by adding a new
subdivision (d) to read as follows:
  (D)(I) THE SCHOOL SHALL REQUIRE, FOR PURPOSES OF  A  CRIMINAL  HISTORY
RECORD  CHECK,  THE  FINGERPRINTING  OF ALL PROSPECTIVE EMPLOYEES OF THE
SCHOOL PURSUANT TO SUBDIVISION THIRTY OF SECTION THREE HUNDRED FIVE  AND
SECTION  THREE  THOUSAND  THIRTY-FIVE OF THIS CHAPTER, EXCEPT WHERE SUCH
PROSPECTIVE EMPLOYEES HOLD VALID CLEARANCE  PURSUANT  TO  SECTION  THREE
THOUSAND THIRTY-FIVE OR SECTION THREE THOUSAND FOUR-B OF THIS CHAPTER OR
SECTION  FIVE  HUNDRED  NINE-CC  OR  TWELVE HUNDRED TWENTY-NINE-D OF THE
VEHICLE AND TRAFFIC LAW, OR VALID CLEARANCE ISSUED BY THE  CITY  OF  NEW
YORK PURSUANT TO LOCAL LAW. PRIOR TO INITIATING THE FINGERPRINTING PROC-

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ESS,  THE  SCHOOL  SHALL  FURNISH THE PROSPECTIVE EMPLOYEE WITH THE FORM
DESCRIBED IN PARAGRAPH  (C)  OF  SUBDIVISION  THIRTY  OF  SECTION  THREE
HUNDRED FIVE OF THIS CHAPTER AND SHALL OBTAIN THE APPLICANT'S CONSENT TO
THE  CRIMINAL  HISTORY  RECORDS  SEARCH. EVERY SET OF FINGERPRINTS TAKEN
PURSUANT TO THIS SUBDIVISION SHALL BE PROMPTLY SUBMITTED TO THE  COMMIS-
SIONER  FOR  PURPOSES  OF  CLEARANCE FOR EMPLOYMENT. NOTWITHSTANDING ANY
OTHER PROVISION OF LAW  TO  THE  CONTRARY,  THE  COMMISSIONER  SHALL  BE
AUTHORIZED  TO  PROVIDE SUBSEQUENT CRIMINAL HISTORY NOTIFICATIONS TO THE
SCHOOL FOR ITS EMPLOYEES.
  (II) NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE  CONTRARY,  THE
SCHOOL MAY ESTABLISH PROCEDURES FOR THE CONDITIONAL APPOINTMENT OR EMER-
GENCY  CONDITIONAL APPOINTMENT OF PROSPECTIVE EMPLOYEES OF THE SCHOOL TO
THE SAME EXTENT AND UNDER THE SAME CONDITIONS AS A BOARD OF EDUCATION OF
A UNION FREE SCHOOL DISTRICT  PURSUANT  TO  SUBDIVISION  THIRTY-NINE  OF
SECTION SEVENTEEN HUNDRED NINE OF THIS CHAPTER.
  S  14.  Paragraph (i) of subdivision (a) of section 4314 of the educa-
tion law, as amended by chapter 32 of the laws of 1992,  is  amended  to
read as follows:
  (i)  consistent  with appropriate collective agreements and applicable
provisions of the civil service law, the review and  evaluation  of  the
backgrounds of and the information supplied by any person applying to be
an  employee,  a volunteer or consultant, which shall include but not be
limited to the following requirements: that the applicant set forth  his
or  her  employment history, provide personal and employment references,
and relevant experiential and  educational  information,  [and]  sign  a
sworn  statement indicating whether the applicant, to the best of his or
her knowledge, has ever been convicted of a crime in this state  or  any
other  jurisdiction AND, IN THE CASE OF A PROSPECTIVE EMPLOYEE, BE FING-
ERPRINTED FOR PURPOSES OF A CRIMINAL HISTORY BACKGROUND  CHECK  PURSUANT
TO SUBDIVISION (D) OF THIS SECTION;
  S  15.  Section  4314  of the education law is amended by adding a new
subdivision (d) to read as follows:
  (D)(I) THE DEPARTMENT SHALL REQUIRE, FOR PURPOSES OF A CRIMINAL HISTO-
RY RECORD CHECK, THE FINGERPRINTING OF ALL PROSPECTIVE EMPLOYEES OF  THE
SCHOOL  PURSUANT TO SUBDIVISION THIRTY OF SECTION THREE HUNDRED FIVE AND
SECTION THREE THOUSAND THIRTY-FIVE OF THIS  CHAPTER,  WHO  DO  NOT  HOLD
VALID  CLEARANCE  PURSUANT TO SUCH SECTION THREE THOUSAND THIRTY-FIVE OR
PURSUANT TO SECTION THREE THOUSAND FOUR-B OF  THIS  CHAPTER  OR  SECTION
FIVE  HUNDRED NINE-CC OR TWELVE HUNDRED TWENTY-NINE-D OF THE VEHICLE AND
TRAFFIC LAW, OR VALID CLEARANCE ISSUED BY THE CITY OF NEW YORK  PURSUANT
TO  LOCAL  LAW.    PRIOR  TO  INITIATING THE FINGERPRINTING PROCESS, THE
DEPARTMENT  SHALL  FURNISH  THE  PROSPECTIVE  EMPLOYEE  WITH  THE   FORM
DESCRIBED  IN  PARAGRAPH  (C)  OF  SUBDIVISION  THIRTY  OF SECTION THREE
HUNDRED FIVE OF THIS CHAPTER AND SHALL OBTAIN THE APPLICANT'S CONSENT TO
THE CRIMINAL HISTORY RECORDS SEARCH. EVERY  SET  OF  FINGERPRINTS  TAKEN
PURSUANT  TO THIS SUBDIVISION SHALL BE PROMPTLY SUBMITTED TO THE COMMIS-
SIONER FOR PURPOSES OF CLEARANCE FOR EMPLOYMENT.
  (II) NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE  CONTRARY,  THE
COMMISSIONER MAY ESTABLISH PROCEDURES FOR THE CONDITIONAL APPOINTMENT OR
EMERGENCY CONDITIONAL APPOINTMENT OF PROSPECTIVE EMPLOYEES OF THE SCHOOL
BY  THE DEPARTMENT TO THE SAME EXTENT AND UNDER THE SAME CONDITIONS AS A
BOARD OF EDUCATION OF A UNION FREE SCHOOL DISTRICT PURSUANT TO  SUBDIVI-
SION THIRTY-NINE OF SECTION SEVENTEEN HUNDRED NINE OF THIS CHAPTER.
  S  16.  Paragraph (i) of subdivision (a) of section 4358 of the educa-
tion law, as amended by chapter 32 of the laws of 1992,  is  amended  to
read as follows:

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  (i)  consistent  with appropriate collective bargaining agreements and
applicable provisions of the civil service law, the  review  and  evalu-
ation  of  the backgrounds of and the information supplied by any person
applying to be an employee,  a  volunteer  or  consultant,  which  shall
include  but  not  be  limited  to  the following requirements: that the
applicant set forth his or her employment history, provide personal  and
employment references and relevant experiential and educational informa-
tion,  [and] sign a sworn statement indicating whether the applicant, to
the best of his or her knowledge, has ever been convicted of a crime  in
this  state  or any other jurisdiction AND, IN THE CASE OF A PROSPECTIVE
EMPLOYEE, BE FINGERPRINTED FOR PURPOSES OF A CRIMINAL HISTORY BACKGROUND
CHECK PURSUANT TO SUBDIVISION (D) OF THIS SECTION;
  S 17. Section 4358 of the education law is amended  by  adding  a  new
subdivision (d) to read as follows:
  (D)  (I)  THE  DEPARTMENT  SHALL  REQUIRE,  FOR PURPOSES OF A CRIMINAL
HISTORY RECORD CHECK, THE FINGERPRINTING OF ALL PROSPECTIVE EMPLOYEES OF
THE SCHOOL PURSUANT TO SUBDIVISION THIRTY OF SECTION THREE HUNDRED  FIVE
AND  SECTION THREE THOUSAND THIRTY-FIVE OF THIS CHAPTER, WHO DO NOT HOLD
VALID CLEARANCE PURSUANT TO SUCH SECTION THREE THOUSAND  THIRTY-FIVE  OR
PURSUANT  TO  SECTION  THREE  THOUSAND FOUR-B OF THIS CHAPTER OR SECTION
FIVE HUNDRED NINE-CC OR TWELVE HUNDRED TWENTY-NINE-D OF THE VEHICLE  AND
TRAFFIC  LAW, OR VALID CLEARANCE ISSUED BY THE CITY OF NEW YORK PURSUANT
TO LOCAL LAW.   PRIOR TO  INITIATING  THE  FINGERPRINTING  PROCESS,  THE
DEPARTMENT   SHALL  FURNISH  THE  PROSPECTIVE  EMPLOYEE  WITH  THE  FORM
DESCRIBED IN PARAGRAPH  (C)  OF  SUBDIVISION  THIRTY  OF  SECTION  THREE
HUNDRED FIVE OF THIS CHAPTER AND SHALL OBTAIN THE APPLICANT'S CONSENT TO
THE  CRIMINAL  HISTORY  RECORDS  SEARCH. EVERY SET OF FINGERPRINTS TAKEN
PURSUANT TO THIS SUBDIVISION SHALL BE PROMPTLY SUBMITTED TO THE  COMMIS-
SIONER FOR PURPOSES OF CLEARANCE FOR EMPLOYMENT.
  (II)  NOTWITHSTANDING  ANY OTHER PROVISION OF LAW TO THE CONTRARY, THE
COMMISSIONER MAY ESTABLISH PROCEDURES FOR THE CONDITIONAL APPOINTMENT OR
EMERGENCY CONDITIONAL APPOINTMENT OF PROSPECTIVE EMPLOYEES OF THE SCHOOL
BY THE DEPARTMENT TO THE SAME EXTENT AND UNDER THE SAME CONDITIONS AS  A
BOARD  OF EDUCATION OF A UNION FREE SCHOOL DISTRICT PURSUANT TO SUBDIVI-
SION THIRTY-NINE OF SECTION SEVENTEEN HUNDRED NINE OF THIS CHAPTER.
  S 18. Paragraph (a) of subdivision 11 of section 4403 of the education
law, as amended by chapter 32 of the laws of 1992, is amended to read as
follows:
  (a) consistent with appropriate collective bargaining  agreements  and
applicable  provisions  of  the civil service law, the review and evalu-
ation of the backgrounds of and the information supplied by  any  person
applying  to  be  an  employee,  a  volunteer or consultant, which shall
include but not be limited  to  the  following  requirements:  that  the
applicant  set forth his or her employment history, provide personal and
employment references, and relevant experiential and educational  quali-
fications  [and],  sign  a sworn statement indicating whether the appli-
cant, to the best of his or her knowledge has ever been convicted  of  a
crime  in  this  state  or  any other jurisdiction AND, IN THE CASE OF A
PROSPECTIVE EMPLOYEE, BE FINGERPRINTED FOR PURPOSES OF A CRIMINAL HISTO-
RY BACKGROUND CHECK PURSUANT TO SUBDIVISION TWENTY-ONE OF THIS SECTION;
  S 19. Section 4403 of the education law is amended  by  adding  a  new
subdivision 21 to read as follows:
  21.  A.  THE  COMMISSIONER  SHALL  REQUIRE, FOR PURPOSES OF A CRIMINAL
HISTORY RECORD CHECK, THE FINGERPRINTING OF ALL PROSPECTIVE EMPLOYEES OF
APPROVED PRIVATE  RESIDENTIAL  AND  NON-RESIDENTIAL  SCHOOLS  WHICH  ARE
LOCATED  WITHIN THE STATE BY SUCH SCHOOLS PURSUANT TO SUBDIVISION THIRTY

A. 6369                             9

OF SECTION THREE HUNDRED FIVE AND SECTION THREE THOUSAND THIRTY-FIVE  OF
THIS  CHAPTER, EXCEPT WHERE SUCH PROSPECTIVE EMPLOYEES HOLD VALID CLEAR-
ANCE PURSUANT TO SUCH SECTION THREE THOUSAND THIRTY-FIVE OR PURSUANT  TO
SECTION  THREE  THOUSAND  FOUR-B OF THIS CHAPTER OR SECTION FIVE HUNDRED
NINE-CC OR TWELVE HUNDRED TWENTY-NINE-D OF THE VEHICLE AND TRAFFIC  LAW,
OR VALID CLEARANCE ISSUED BY THE CITY OF NEW YORK PURSUANT TO LOCAL LAW.
THE  PROVISIONS OF THIS SUBDIVISION SHALL NOT APPLY TO PROGRAMS OPERATED
PURSUANT TO SECTION FORTY-FOUR HUNDRED EIGHT OF THIS ARTICLE BY A SCHOOL
DISTRICT OR BOARD OF COOPERATIVE EDUCATIONAL SERVICES. PRIOR TO INITIAT-
ING THE FINGERPRINTING PROCESS, THE SCHOOL SHALL FURNISH THE PROSPECTIVE
EMPLOYEE WITH THE FORM DESCRIBED IN PARAGRAPH (C) OF SUBDIVISION  THIRTY
OF  SECTION  THREE  HUNDRED  FIVE  OF  THIS CHAPTER AND SHALL OBTAIN THE
APPLICANT'S CONSENT TO THE CRIMINAL HISTORY RECORDS SEARCH. EVERY SET OF
FINGERPRINTS TAKEN  PURSUANT  TO  THIS  SUBDIVISION  SHALL  BE  PROMPTLY
SUBMITTED  TO THE COMMISSIONER FOR PURPOSES OF CLEARANCE FOR EMPLOYMENT.
NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, THE  COMMIS-
SIONER  SHALL  BE  AUTHORIZED  TO  PROVIDE  SUBSEQUENT  CRIMINAL HISTORY
NOTIFICATIONS TO APPROVED PRIVATE SCHOOLS FOR THEIR EMPLOYEES.
  B. NOTWITHSTANDING ANY OTHER PROVISION OF LAW  TO  THE  CONTRARY,  THE
APPROVED  PRIVATE  SCHOOL  MAY  ESTABLISH PROCEDURES FOR THE CONDITIONAL
APPOINTMENT OR EMERGENCY CONDITIONAL APPOINTMENT OF PROSPECTIVE  EMPLOY-
EES  OF THE SCHOOL TO THE SAME EXTENT AND UNDER THE SAME CONDITIONS AS A
BOARD OF EDUCATION OF A UNION FREE SCHOOL DISTRICT PURSUANT TO  SUBDIVI-
SION THIRTY-NINE OF SECTION SEVENTEEN HUNDRED NINE OF THIS CHAPTER.
  S  20.  Section  4410  of the education law is amended by adding a new
subdivision 9-e to read as follows:
  9-E. CRIMINAL  HISTORY  RECORD  CHECK.    A.  THE  COMMISSIONER  SHALL
REQUIRE,  FOR  PURPOSES  OF A CRIMINAL HISTORY RECORD CHECK, THE FINGER-
PRINTING OF ALL PROSPECTIVE EMPLOYEES OF APPROVED PROVIDERS  OF  SPECIAL
SERVICES  OR  PROGRAMS  THAT  ARE  LOCATED  WITHIN THE STATE PURSUANT TO
SUBDIVISION THIRTY OF SECTION THREE HUNDRED FIVE AND SECTION THREE THOU-
SAND THIRTY-FIVE OF THIS CHAPTER, EXCEPT WHERE SUCH PROSPECTIVE  EMPLOY-
EES  HOLD VALID CLEARANCE PURSUANT TO SECTION THREE THOUSAND THIRTY-FIVE
OR THREE THOUSAND FOUR-B OF THIS CHAPTER OR SECTION FIVE HUNDRED NINE-CC
OR TWELVE HUNDRED TWENTY-NINE-D OF THE VEHICLE  AND  TRAFFIC  LAW  OR  A
VALID CLEARANCE ISSUED BY THE CITY OF NEW YORK PURSUANT TO LOCAL LAW. AN
INDIVIDUAL  WHO PROVIDES RELATED SERVICES PURSUANT TO THIS SECTION SHALL
BE DEEMED A PROSPECTIVE EMPLOYEE FOR PURPOSES OF  THIS  SUBDIVISION  AND
SHALL  BE  RESPONSIBLE  FOR  SUBMITTING  HIS  OR HER FINGERPRINTS TO THE
COMMISSIONER FOR PURPOSES OF RECEIVING CLEARANCE FOR EMPLOYMENT PRIOR TO
HIS OR HER INCLUSION ON A LIST OF RELATED SERVICE  PROVIDERS  MAINTAINED
BY THE MUNICIPALITY OR BOARD PURSUANT TO PARAGRAPH C OF SUBDIVISION NINE
OF  THIS  SECTION.  PRIOR  TO INITIATING THE FINGERPRINTING PROCESS, THE
PROVIDER SHALL FURNISH ITS PROSPECTIVE EMPLOYEE WITH THE FORM  DESCRIBED
IN  PARAGRAPH (C) OF SUBDIVISION THIRTY OF SECTION THREE HUNDRED FIVE OF
THIS CHAPTER AND SHALL OBTAIN THE APPLICANT'S CONSENT  TO  THE  CRIMINAL
HISTORY RECORDS SEARCH. EVERY SET OF FINGERPRINTS TAKEN PURSUANT TO THIS
SUBDIVISION SHALL BE PROMPTLY SUBMITTED TO THE COMMISSIONER FOR PURPOSES
OF CLEARANCE FOR EMPLOYMENT.  NOTWITHSTANDING ANY OTHER PROVISION OF LAW
TO  THE CONTRARY, THE COMMISSIONER SHALL BE AUTHORIZED TO PROVIDE SUBSE-
QUENT CRIMINAL HISTORY NOTIFICATIONS TO  APPROVED  PROVIDERS  FOR  THEIR
EMPLOYEES.  IN THE CASE OF A PROSPECTIVE EMPLOYEE WHO IS EMPLOYED BY THE
CITY SCHOOL DISTRICT OF THE CITY OF NEW YORK, THE COMMISSIONER SHALL  BE
AUTHORIZED TO PROVIDE SUBSEQUENT CRIMINAL HISTORY NOTIFICATIONS DIRECTLY
TO THE CITY SCHOOL DISTRICT OF THE CITY OF NEW YORK.

A. 6369                            10

  B.  NOTWITHSTANDING  ANY  OTHER  PROVISION OF LAW TO THE CONTRARY, THE
APPROVED PROVIDER MAY ESTABLISH PROCEDURES FOR THE CONDITIONAL  APPOINT-
MENT  OR  EMERGENCY  CONDITIONAL APPOINTMENT OF PROSPECTIVE EMPLOYEES OF
THE PROVIDER TO THE SAME EXTENT AND UNDER THE SAME CONDITIONS AS A BOARD
OF  EDUCATION  OF  A  UNION FREE SCHOOL DISTRICT PURSUANT TO SUBDIVISION
THIRTY-NINE OF SECTION SEVENTEEN HUNDRED NINE OF THIS CHAPTER.
  C. NOTWITHSTANDING ANY OTHER PROVISION OF LAW  TO  THE  CONTRARY,  THE
COMMISSIONER MAY ESTABLISH PROCEDURES FOR THE CONDITIONAL APPOINTMENT OR
EMERGENCY  CONDITIONAL  APPOINTMENT  OF  INDIVIDUALS WHO PROVIDE RELATED
SERVICES PURSUANT TO THIS SECTION TO THE SAME EXTENT AND UNDER THE  SAME
CONDITIONS  AS  A  BOARD  OF  EDUCATION  OF A UNION FREE SCHOOL DISTRICT
PURSUANT TO SUBDIVISION THIRTY-NINE OF SECTION SEVENTEEN HUNDRED NINE OF
THIS CHAPTER. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE  CONTRA-
RY,  THE  COMMISSIONER SHALL PROVIDE EACH MUNICIPALITY OR BOARD IN WHICH
SUCH INDIVIDUAL SEEKS TO BE INCLUDED ON A LIST OF  RELATED  SERVICES  OR
SPECIAL EDUCATION ITINERANT SERVICES PROVIDERS WITH A COPY OF SUCH INDI-
VIDUAL'S  CRIMINAL CLEARANCE OR DENIAL OF CRIMINAL CLEARANCE, AND IN THE
EVENT OF A DENIAL OF CLEARANCE, SUCH MUNICIPALITY OR BOARD SHALL  REMOVE
THE  INDIVIDUAL FROM SUCH LIST UNLESS CRIMINAL CLEARANCE IS SUBSEQUENTLY
ISSUED BY THE COMMISSIONER. NOTWITHSTANDING ANY OTHER PROVISION  OF  LAW
TO  THE CONTRARY, THE COMMISSIONER SHALL BE AUTHORIZED TO PROVIDE SUBSE-
QUENT CRIMINAL HISTORY NOTIFICATIONS TO EACH MUNICIPALITY  OR  BOARD  IN
WHICH  SUCH  INDIVIDUAL IS INCLUDED ON A LIST OF RELATED SERVICE PROVID-
ERS.
  S 21. The education law is amended by adding a new  section  276-a  to
read as follows:
  S  276-A.  CRIMINAL HISTORY RECORD CHECKS OF PROSPECTIVE EMPLOYEES AND
VOLUNTEERS WORKING IN THE OFFICE OF CULTURAL EDUCATION. 1.  AS  USED  IN
THIS  SECTION,  THE  FOLLOWING  TERMS SHALL HAVE THE FOLLOWING MEANINGS,
EXCEPT WHERE THE CONTEXT INDICATES A DIFFERENT MEANING:
  A. "CHILDREN" SHALL MEAN A MINOR OR INFANT AS DEFINED  IN  SUBDIVISION
EIGHTEEN OF SECTION TWO OF THIS TITLE.
  B. "CRIMINAL HISTORY RECORD" SHALL MEAN A RECORD OF ALL CONVICTIONS OF
CRIMES  AND  ANY PENDING CRIMINAL CHARGES MAINTAINED ON AN INDIVIDUAL BY
THE DIVISION OF CRIMINAL JUSTICE SERVICES  AND  THE  FEDERAL  BUREAU  OF
INVESTIGATION.
  C. "EMPLOYEE" SHALL MEAN:
  (I)  ANY EMPLOYEE OF THE DEPARTMENT WHO IS OR WILL BE ASSIGNED TO WORK
IN THE OFFICE OF CULTURAL EDUCATION OR A FACILITY HOUSING A PART OF SUCH
OFFICE;
  (II) AN EMPLOYEE OF THE UNIVERSITY OF THE STATE OF NEW YORK,  ARCHIVES
PARTNERSHIP  TRUST  OR OTHER ORGANIZATION AFFILIATED WITH THE DEPARTMENT
WHO IS ASSIGNED TO WORK IN THE OFFICE OF CULTURAL EDUCATION OR A FACILI-
TY HOUSING A PART OF SUCH OFFICE  WHOSE  SERVICES  INVOLVE  UNSUPERVISED
DIRECT CONTACT WITH CHILDREN OR UNSUPERVISED ACCESS TO COLLECTIONS;
  (III)  A  CONTRACTED  SERVICE  PROVIDER OR AN EMPLOYEE OF A CONTRACTED
SERVICE PROVIDER WHO PROVIDES SERVICES IN A FACILITY HOUSING ANY PART OF
THE OFFICE OF CULTURAL EDUCATION AND WHOSE SERVICES INVOLVE UNSUPERVISED
DIRECT CONTACT WITH CHILDREN OR UNSUPERVISED ACCESS TO COLLECTIONS.
  D. "OFFICE OF CULTURAL EDUCATION" MEANS THE DIVISION  OF  THE  DEPART-
MENT, HEADED BY A DEPUTY COMMISSIONER, THAT HAS ADMINISTRATIVE RESPONSI-
BILITY  OVER  THE  STATE  MUSEUM,  STATE LIBRARY, STATE ARCHIVES AND THE
STATE SCIENCE SERVICE, OR ANY SUCCESSOR DIVISION OF THE DEPARTMENT  THAT
HAS ADMINISTRATIVE RESPONSIBILITY OVER ONE OR MORE OF SUCH OFFICES.
  E. "PROSPECTIVE EMPLOYEE" MEANS A CANDIDATE FOR EMPLOYMENT WHO WILL BE
HIRED ON OR AFTER THE EFFECTIVE DATE OF THIS SECTION, OR AN EMPLOYEE WHO

A. 6369                            11

IS  TRANSFERRED OR FIRST ASSIGNED ON OR AFTER THE EFFECTIVE DATE OF THIS
SECTION TO WORK OR PROVIDE SERVICES IN THE OFFICE OF CULTURAL  EDUCATION
OR A FACILITY HOUSING A PART OF SUCH OFFICE.
  F. "VOLUNTEER" SHALL MEAN ANY PERSON, OTHER THAN AN OFFICER OR EMPLOY-
EE  OF THE STATE, WHO PROVIDES SERVICES TO THE OFFICE OF CULTURAL EDUCA-
TION OR IN A FACILITY HOUSING A PART OF SUCH  OFFICE  ON  MORE  THAN  AN
INCIDENTAL BASIS, AS DEFINED IN THE REGULATIONS OF THE COMMISSIONER, AND
WHOSE  SERVICES  INVOLVE  UNSUPERVISED  DIRECT  CONTACT WITH CHILDREN OR
UNSUPERVISED ACCESS TO COLLECTIONS.
  2. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, RULE OR  REGULATION  TO
THE  CONTRARY, THE COMMISSIONER SHALL BE AUTHORIZED, AND IT SHALL BE THE
COMMISSIONER'S  DUTY,  TO  REQUIRE  THE  FINGERPRINTING  OF  PROSPECTIVE
EMPLOYEES  AND  VOLUNTEERS,  FOR  THE  PURPOSE  OF CONDUCTING A CRIMINAL
HISTORY RECORD CHECK PURSUANT TO THE PROVISIONS OF THIS SECTION AND  THE
REGULATIONS  OF  THE  COMMISSIONER  ADOPTED  TO  IMPLEMENT THIS SECTION;
EXCEPT THAT  AN  INDIVIDUAL  WHO  HOLDS  A  VALID  CLEARANCE  UNDER  ANY
PROVISION  OF  LAW THAT REQUIRES A CRIMINAL HISTORY RECORD CHECK THROUGH
THE DIVISION OF CRIMINAL JUSTICE SERVICES  AND  THE  FEDERAL  BUREAU  OF
INVESTIGATION  SHALL  NOT  BE REQUIRED TO UNDERGO A NEW CRIMINAL HISTORY
RECORD CHECK PURSUANT TO THIS SECTION, PROVIDED THAT THE DEPARTMENT  HAS
ACCESS  TO  THE  INDIVIDUAL'S CRIMINAL HISTORY RECORD OR DETERMINES THAT
SUCH ACCESS IS NOT NECESSARY BECAUSE THE POSITION THE  INDIVIDUAL  WOULD
HOLD  IN  THE OFFICE OF CULTURAL EDUCATION IS COMPARABLE TO THE POSITION
FOR WHICH THE PRIOR CRIMINAL  HISTORY  RECORD  CHECK  WAS  CONDUCTED  OR
BECAUSE SUCH PRIOR CRIMINAL HISTORY RECORD CHECK WAS CONDUCTED TO OBTAIN
A STATE LICENSE THAT IS ALSO REQUIRED FOR SERVICE IN THE POSITION IN THE
OFFICE OF CULTURAL EDUCATION.
  3.  A.  TO  OBTAIN  A  CRIMINAL HISTORY RECORD, THE COMMISSIONER SHALL
SUBMIT TO THE DIVISION OF CRIMINAL JUSTICE SERVICES TWO SETS OF  FINGER-
PRINTS  OF  EACH  PROSPECTIVE EMPLOYEE OR VOLUNTEER, AND THE DIVISION OF
CRIMINAL JUSTICE SERVICES PROCESSING FEE IMPOSED PURSUANT TO SUBDIVISION
EIGHT-A OF SECTION EIGHT HUNDRED THIRTY-SEVEN OF THE EXECUTIVE  LAW  AND
ANY  FEE IMPOSED BY THE FEDERAL BUREAU OF INVESTIGATION. THE DIVISION OF
CRIMINAL JUSTICE SERVICES AND THE FEDERAL BUREAU OF INVESTIGATION  SHALL
FORWARD  SUCH  CRIMINAL  HISTORY  RECORD TO THE COMMISSIONER IN A TIMELY
MANNER. ALL SUCH CRIMINAL  HISTORY  RECORDS  SENT  TO  THE  COMMISSIONER
PURSUANT  TO THIS SECTION SHALL BE CONFIDENTIAL PURSUANT TO THE APPLICA-
BLE FEDERAL AND STATE LAWS, RULES AND  REGULATIONS,  AND  SHALL  NOT  BE
PUBLISHED  OR  IN  ANY  WAY  DISCLOSED TO PERSONS OTHER THAN OFFICERS OR
EMPLOYEES OF THE DEPARTMENT UNLESS OTHERWISE AUTHORIZED BY LAW.
  B. NO CAUSE OF ACTION AGAINST THE COMMISSIONER, THE DEPARTMENT OR  THE
DIVISION  OF  CRIMINAL JUSTICE SERVICES, OR THEIR OFFICERS OR EMPLOYEES,
FOR DAMAGES RELATED TO THE DISSEMINATION  OF  CRIMINAL  HISTORY  RECORDS
PURSUANT  TO  THIS SECTION SHALL EXIST WHEN THE COMMISSIONER, DEPARTMENT
OR DIVISION OF CRIMINAL JUSTICE SERVICES, OR  OFFICER  OR  EMPLOYEE  HAS
REASONABLY  AND  IN GOOD FAITH RELIED UPON THE ACCURACY AND COMPLETENESS
OF CRIMINAL HISTORY INFORMATION FURNISHED BY QUALIFIED AGENCIES.
  4. AFTER REVIEW OF A CRIMINAL HISTORY  RECORD  FROM  THE  DIVISION  OF
CRIMINAL  JUSTICE  SERVICES AND THE FEDERAL BUREAU OF INVESTIGATION, THE
COMMISSIONER SHALL PROMPTLY DETERMINE WHETHER THE  PROSPECTIVE  EMPLOYEE
OR VOLUNTEER TO WHICH SUCH REPORT RELATES IS CLEARED TO PROVIDE SERVICES
IN  THE  OFFICE  OF  CULTURAL  EDUCATION  BASED UPON HIS OR HER CRIMINAL
HISTORY. ALL DETERMINATIONS TO GRANT OR DENY CLEARANCE PURSUANT TO  THIS
SUBDIVISION SHALL BE PERFORMED IN ACCORDANCE WITH SUBDIVISION SIXTEEN OF
SECTION  TWO HUNDRED NINETY-SIX OF THE EXECUTIVE LAW AND ARTICLE TWENTY-
THREE-A OF THE CORRECTION LAW. WHEN THE COMMISSIONER DENIES  A  PROSPEC-

A. 6369                            12

TIVE  EMPLOYEE  CLEARANCE  FOR  EMPLOYMENT, SUCH PROSPECTIVE EMPLOYEE OR
VOLUNTEER SHALL BE AFFORDED NOTICE AND THE RIGHT TO BE HEARD  AND  OFFER
PROOF  IN  OPPOSITION TO SUCH DETERMINATION IN ACCORDANCE WITH THE REGU-
LATIONS  OF  THE  COMMISSIONER,  WHICH  SHALL BE CONSISTENT WITH THE DUE
PROCESS PROCEDURES ESTABLISHED BY THE COMMISSIONER PURSUANT  TO  SECTION
FIFTY OF THE CIVIL SERVICE LAW.
  5.  NOTWITHSTANDING ANY OTHER PROVISION OF THIS SECTION TO THE CONTRA-
RY, WHERE A DELAY IN COMPLETING A CRIMINAL HISTORY  RECORD  CHECK  WOULD
IMPAIR  THE  ABILITY  OF  THE  OFFICE  OF CULTURAL EDUCATION TO MAINTAIN
SERVICES, THE COMMISSIONER SHALL BE AUTHORIZED TO CONDITIONALLY APPOINT,
ASSIGN OR TRANSFER A PROSPECTIVE EMPLOYEE TO  PROVIDE  SERVICES  IN  THE
OFFICE OF CULTURAL EDUCATION OR TO AUTHORIZE A VOLUNTEER TO PROVIDE SUCH
SERVICES, UPON THE CONDITION THAT SUCH INDIVIDUAL OBTAINS FULL CLEARANCE
PURSUANT  TO THIS SECTION. PRIOR TO MAKING SUCH CONDITIONAL APPOINTMENT,
ASSIGNMENT OR TRANSFER OF A PROSPECTIVE EMPLOYEE, OR AUTHORIZING SUCH  A
VOLUNTEER  TO PROVIDE SERVICES, THE COMMISSIONER SHALL SUBMIT SUCH INDI-
VIDUAL'S FINGERPRINTS TO  THE  DIVISION  OF  CRIMINAL  JUSTICE  SERVICES
PURSUANT  TO SUBDIVISION THREE OF THIS SECTION AND SHALL OBTAIN A SIGNED
STATEMENT FROM THE INDIVIDUAL INDICATING WHETHER, TO THE BEST OF HIS  OR
HER  KNOWLEDGE,  HE  OR  SHE  HAS  A PENDING CRIMINAL CHARGE OR CRIMINAL
CONVICTION IN ANY JURISDICTION. THE COMMISSIONER SHALL  ESTABLISH  POLI-
CIES  AND  PROCEDURES  TO  ASSURE  THAT CHILDREN AND THE COLLECTIONS ARE
PROTECTED PRIOR TO THE TIME THE INDIVIDUAL RECEIVES  CLEARANCE,  THROUGH
SUCH  MEANS  AS  PROHIBITING  UNSUPERVISED  CONTACT WITH CHILDREN OR THE
COLLECTIONS.  THE  CONDITIONAL  APPOINTMENT,  TRANSFER,  ASSIGNMENT   OR
AUTHORIZATION  SHALL  TERMINATE  IF THE COMMISSIONER DENIES CLEARANCE TO
THE INDIVIDUAL, AND IF THE COMMISSIONER GRANTS CLEARANCE,  THE  APPOINT-
MENT,  TRANSFER,  ASSIGNMENT  OR  AUTHORIZATION  SHALL CONTINUE, AND THE
CONDITIONAL STATUS SHALL BE  REMOVED,  PROVIDED  THAT  NOTHING  IN  THIS
SUBDIVISION  SHALL  BE  CONSTRUED  TO  MAKE  THE APPOINTMENT OR TRANSFER
PERMANENT TO OTHERWISE CONFER GREATER RIGHTS ON A  PROSPECTIVE  EMPLOYEE
THAN  SUCH  EMPLOYEE  WOULD HAVE HAD IF THE EMPLOYEE HAD NOT BEEN CONDI-
TIONALLY APPOINTED, TRANSFERRED OR ASSIGNED.
  6. NOTWITHSTANDING ANY LAW, RULE OR REGULATION TO THE  CONTRARY,  UPON
DENIAL  OF  CLEARANCE  BY THE COMMISSIONER OR UPON REFUSAL TO BE FINGER-
PRINTED, A PROSPECTIVE EMPLOYEE SHALL BE DISQUALIFIED FOR APPOINTMENT TO
THE POSITION SOUGHT IN THE OFFICE OF CULTURAL EDUCATION OR, WHERE APPLI-
CABLE, FOR TRANSFER OR ASSIGNMENT TO SUCH POSITION IN SUCH OFFICE.  UPON
DENIAL OF CLEARANCE TO A VOLUNTEER OR UPON THE VOLUNTEER'S REFUSAL TO BE
FINGERPRINTED,  THE  COMMISSIONER  SHALL  NOT  ALLOW  SUCH  VOLUNTEER TO
PROVIDE SERVICES IN THE OFFICE OF CULTURAL EDUCATION.
  7. THE COMMISSIONER SHALL:
  A. INFORM EACH PROSPECTIVE EMPLOYEE AND VOLUNTEER THAT THE COMMISSION-
ER IS REQUIRED TO REQUEST HIS OR HER CRIMINAL HISTORY  RECORD  FROM  THE
DIVISION OF CRIMINAL JUSTICE SERVICES AND THE FEDERAL BUREAU OF INVESTI-
GATION  AND  REVIEW SUCH INFORMATION PURSUANT TO THIS SECTION, AND SHALL
PROVIDE A DESCRIPTION OF THE MANNER IN  WHICH  HIS  OR  HER  FINGERPRINT
CARDS  WILL  BE USED UPON SUBMISSION TO THE DIVISION OF CRIMINAL JUSTICE
SERVICES;
  B. INFORM THE PROSPECTIVE EMPLOYEE OR VOLUNTEER THAT HE OR SHE HAS THE
RIGHT TO OBTAIN, REVIEW AND SEEK  CORRECTION  OF  HIS  OR  HER  CRIMINAL
HISTORY RECORD PURSUANT TO REGULATIONS AND PROCEDURES ESTABLISHED BY THE
DIVISION OF CRIMINAL JUSTICE SERVICES; AND
  C.  OBTAIN THE SIGNED, INFORMED CONSENT OF THE PROSPECTIVE EMPLOYEE ON
A FORM THAT INDICATES THAT SUCH PERSON HAS:

A. 6369                            13

  (I) BEEN INFORMED OF THE RIGHT AND  PROCEDURES  NECESSARY  TO  OBTAIN,
REVIEW AND SEEK CORRECTION OF HIS OR HER CRIMINAL HISTORY INFORMATION;
  (II) BEEN INFORMED OF THE REASON FOR THE REQUEST FOR HIS OR HER CRIMI-
NAL HISTORY RECORD;
  (III) CONSENTED TO SUCH REQUEST FOR A CRIMINAL HISTORY RECORD;
  (IV)  SUPPLIED  ON  THE FORM A CURRENT MAILING OR HOME ADDRESS FOR THE
PROSPECTIVE EMPLOYEE OR VOLUNTEER;
  (V) IN THE CASE OF A PROSPECTIVE EMPLOYEE, BEEN INFORMED  THAT  HE  OR
SHE  MAY WITHDRAW HIS OR HER APPLICATION FOR EMPLOYMENT PURSUANT TO THIS
SECTION OR A REQUEST  FOR  TRANSFER  OR  ASSIGNMENT  TO  THE  OFFICE  OF
CULTURAL  EDUCATION, WITHOUT PREJUDICE, AT ANY TIME BEFORE EMPLOYMENT, A
TRANSFER OR ASSIGNMENT IS OFFERED OR DECLINED, REGARDLESS OF WHETHER THE
PROSPECTIVE EMPLOYEE OR EMPLOYER HAS REVIEWED SUCH  PROSPECTIVE  EMPLOY-
EE'S CRIMINAL HISTORY RECORD; AND
  (VI)  BEEN INFORMED OF THE MANNER IN WHICH HE OR SHE MAY SUBMIT TO THE
COMMISSIONER ANY INFORMATION THAT MAY BE RELEVANT TO  THE  CONSIDERATION
OF  HIS  OR  HER  APPLICATION FOR CLEARANCE INCLUDING, WHERE APPLICABLE,
INFORMATION IN REGARD TO HIS OR HER GOOD CONDUCT AND REHABILITATION.
  8. THE COMMISSIONER SHALL BE AUTHORIZED TO PROMULGATE ANY  REGULATIONS
NECESSARY TO IMPLEMENT THE PROVISIONS OF THIS SECTION.
  S  22. The sum of two hundred fifty thousand dollars ($250,000), or so
much thereof as may be necessary, is hereby appropriated to  the  educa-
tion  department  out of any moneys in the state treasury in the general
fund to the credit of the state operations account, not otherwise appro-
priated, for the purpose of carrying out the  provisions  of  this  act.
Such moneys shall be payable on the audit and warrant of the state comp-
troller  on vouchers certified or approved by the commissioner of educa-
tion in the manner prescribed by law.
  S 23. This act shall take effect on  the  one  hundred  eightieth  day
after  it  shall  have become a law; provided that section twenty-two of
this act shall take  effect  immediately;  provided  further,  that  the
commissioner  of education is authorized to promulgate any and all rules
and regulations and take any other measures necessary to  implement  the
provisions  of  this  act  on its effective date on or before such date;
provided further that the provisions of sections one, two, three,  four,
nine,  ten, eleven, twelve, thirteen, fourteen, fifteen, sixteen, seven-
teen, eighteen, nineteen, twenty and twenty-two of this act shall  apply
to  prospective employees of special education schools who are appointed
on or after such effective date, to individual  providers  of  preschool
related  services who are placed on lists maintained by the municipality
pursuant to subdivision 9 of section 4410 of the education  law  on  and
after  such  effective  date;  provided  further  that the provisions of
section twenty-one of this act shall apply to prospective employees  and
volunteers working in the office of cultural education who are appointed
on  or after such effective date; provided further that the amendment to
paragraph (d) of subdivision 30 of section 305 of the education law made
by section three of this act shall not affect the repeal of  such  para-
graph  and shall be deemed repealed therewith; and provided further that
the amendments to subdivision 3 of section 3035 of  the  education  law,
made  by section ten of this act, shall be subject to the expiration and
reversion of such subdivision pursuant to section 12 of chapter  147  of
the  laws  of  2001,  as  amended, when upon such date the provisions of
section eleven of this act shall take effect.