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Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
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| May 25, 2010 |
reported and committed to finance |
| Jan 06, 2010 |
referred to education |
| Mar 13, 2009 |
referred to education |
Senate Bill S3294
2009-2010 Legislative Session
Requires fingerprinting of school employees of public and publicly-funded special education schools and of prospective employees in the office of cultural education; appropriation
download bill text pdfSponsored By
(D, WF) Senate District
Archive: Last Bill Status - In Senate Committee Finance Committee
- Introduced
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- In Committee Assembly
- In Committee Senate
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- On Floor Calendar Assembly
- On Floor Calendar Senate
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- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
Votes
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May 25, 2010 - Education Committee Vote
S329415Aye0Nay2Aye with Reservations1Absent1Excused0Abstained-
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Education Committee Vote: May 25, 2010
aye (15)aye wr (2)absent (1)excused (1)
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co-Sponsors
(D) Senate District
(D) Senate District
(D) Senate District
(D, WF) 21st Senate District
2009-S3294 (ACTIVE) - Details
- See Assembly Version of this Bill:
- A6369
- Current Committee:
- Senate Finance
- Law Section:
- Appropriations
- Laws Affected:
- Amd Ed L, generally
2009-S3294 (ACTIVE) - Sponsor Memo
BILL NUMBER: S3294
TITLE OF BILL : An act to amend the education law, in relation to
requiring the fingerprinting 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
PURPOSE OF THE BILL :
This bill would protect the health and safety of students with
disabilities who attend various special education schools in settings
outside of a public school district or board of cooperative
educational services (BOCES) by requiring fingerprinting and criminal
history record checks of prospective employees of these schools on the
same basis as prospective employees of school districts, charter
schools and BOCES. This bill would also protect the health and safety
of children visiting and participating in programs of the State
Archives, State Library and State Museum and the collections of these
institutions from theft or damage by requiring the fingerprinting of
and criminal history records checks for prospective employees of,
volunteers for and interns in the State Education Department's Office
of Cultural Education, and employees of certain related entities who
have access to such collections or to children while working in the
Office of Cultural Education.
Further, the bill would amend the provisions of Article 23-B of the Education Law relating to reporting, investigation or identification of child abuse by persons in an educational setting to clarify that these provisions apply to non-residential special education schools and programs, but not to residential schools and programs already subject to child abuse and neglect reporting under Title 6 of the Social Services Law. SUMMARY OF THE PROVISIONS OF THE BILL : Section 1 of the bill would amend paragraphs a and b of subdivision 30 of section 305 of the Education Law to make the provisions that require the Commissioner of Education to promulgate regulations for fingerprinting prospective employees and develop forms relating to fingerprinting and notices to employees applicable to prospective employees of special education schools. These regulations would not apply to special education schools located within the City of New York, which fingerprints employees of special education schools that contract with the New York City School District. Section 2 of the bill would amend subparagraph (vii) of paragraph c of subdivision 30 of section 305 of the Education Law to make the provision requiring that an employee's fingerprinting records be destroyed 12 months after termination if the individual is not employed by another public school also apply to employees of special education schools and re-employment in such schools. Section 3 of the bill would amend paragraph d of subdivision 30 of section 305 to make the provision that requires the Commissioner to develop forms to be completed by prospective employees when conditional appointments or emergency conditional appointments are made also apply to special education schools. Section 4 of the bill would add a new paragraph (f) to subdivision 30 of section 305 of the Education Law to define a "special education school" as a state school operated pursuant to Article 87 or 88 of the Education Law (i.e., the State School for the Blind at Batavia and the State School for the Deaf at Rome); a state-supported school operated pursuant to Article 85 of the Education Law (i.e., a "4201 school"); an approved private non-residential or residential school for students with disabilities located within the state (i.e., a "Chapter 853 school"); or an approved provider of preschool special education services or programs (i.e., "4410 providers"). This term would not include a school or facility operated or licensed by another state agency unless the school or facility is also an approved private school for students with disabilities or an approved preschool provider. Section 5 of the bill would amend subdivisions 3, 4, 5 and 6 of section 1125 of the Education Law to include non-residential special education schools or programs within the definitions of "employee", "volunteer" and "administrator" for the purposes of Article 23-B of the Education Law relating to reporting, investigation or identification of child abuse by persons in an educational setting. The bill would define "non-residential special education school or program" as a non-residential state-supported school operated pursuant to article 85 and an approved non-residential private school or preschool for the education of students with disabilities. The bill also would amend the definition of "educational setting" to include non-residential special education schools or programs, and exclude residential schools subject to mandatory reporting to the Statewide Central Register of Child Abuse and Maltreatment pursuant to Title 6 of the Social Services Law. Section 6 of the bill would amend subdivision 2 of section 1126 of the Education Law to require that reports of child abuse by an employee or volunteer of a non-residential special education school be forwarded to the administrator of the school. The administrator of a nonresidential special education school or program would be responsible for compliance with the provisions of Article 23-B. Section 7 of the bill would amend section 1128-a of the Education Law to clarify that a school administrator and a superintendent of schools would be required to forward a report prepared pursuant to section 1126 of the Education Law to law enforcement and the Commissioner of Education if the employee or volunteer alleged to have committed an act of child abuse holds a certification or license issued by the department. Section 8 would amend section 1133 of the Education Law to provide immunity to any administrator who reasonably and in good faith reports to law enforcement officials information regarding allegations of child abuse. Section 9 of the bill would amend subdivision 1 of section 3035 of the Education Law to make the provision that requires the Commissioner to submit fingerprints to the Division of Criminal Justice Services (DCJS) with required processing fees and requires DCJS to submit the fingerprints to the Federal Bureau of Investigation (FBI) for a criminal records check also applicable to a special education school pursuant to Title 6 of the Education Law, except a special education school located within the City of New York. Section 10 of the bill would amend subdivision 3 of section 3035 of the Education Law to make the existing procedures for conditional clearances and emergency conditional clearances apply to special education schools, and would apply the due process procedures established by section 50 of the Civil Service Law to prospective employees of state schools under Article 87 and 88. The bill also would amend subdivision 3-a of section 3035 to authorize the City of New York and the Commissioner to share criminal history record information on employees of special education schools, and authorize the Division of Criminal Justice Services to provide subsequent criminal history to the Commissioner for employees of special education schools located outside New York City and to the City of New York for special education schools that contract with the New York City School District. Section 11 of the bill would amend paragraph i of subdivision a of section 4212 of the Education Law to require that applicants for employment by 4201 schools be fingerprinted in accordance with subdivision (d) of such section. Section 12 of the bill would add a new subdivision (d) to section 4212 of the Education Law to require fingerprinting of all prospective employees of 4201 schools unless they have received clearance for employment pursuant to sections 3035 or 3004-b of the Education Law (i.e., through a public school or teacher certification) or section 599-cc or 1209-d of the Vehicle and Traffic Law (school bus drivers and attendants) or by the City of New York pursuant to local law The new subdivision also would authorize the Commissioner to provide subsequent criminal history notifications to the schools. The new subdivision would authorize conditional appointments and emergency conditional appointments of prospective employees of such schools to the same extent and under the same conditions as a board of education of a union free school district pursuant to Education Law § 1709(39). Section 13 of the bill would amend paragraph i of subdivision a of section 4314 of the Education Law to require that applicants for employment by the State School for the Blind at Batavia be fingerprinted in accordance with subdivision (d) of such section. Section 14 of the bill would add a new subdivision (d) to section 4314 of the Education Law to require fingerprinting of all prospective employees of the State School for the Blind at Batavia unless they have received clearance for employment pursuant to sections 3035 or 3004-b of the Education Law (i.e., through a public school or teacher certification) or section 599-cc or l209-d of the Vehicle and Traffic Law (school bus drivers and attendants) or by the City of New York pursuant to local law. The new subdivision also would authorize conditional appointments and emergency conditional appointments of prospective employees of such schools to the same extent and under the same conditions as a board of education of a union free school district pursuant to Education Law § 1709(39). Section 15 of the bill would amend paragraph i of subdivision a of section 4358 of the Education Law to require that applicants for employment by the State School for the Deaf at Rome be fingerprinted in accordance with subdivision (d) of such section. Section 16 of the bill would add a new subdivision (d) to section 4358 of the Education Law to require fingerprinting of all prospective employees of the State School for the Deaf at Rome unless ~hey have received clearance for employment pursuant to sections 3035 or 3004-b of the Education Law (i.e., through a public school or teacher certification) or section 599-cc or 1209-d of the Vehicle and Traffic Law. (school bus drivers and attendants) or by the City of New York pursuant to local law. The new subdivision also would authorize conditional appointments and emergency conditional appointments of prospective employees of this school to the same extent and under the same conditions as a board of education of a union free school district pursuant to Education Law § 1709(39). Section 17 of the bill would amend paragraph a of subdivision 11 of section 4403 of the Education Law to require that applicants for employment by Chapter 853 schools be fingerprinted in accordance with subdivision 23 of such section. Section 18 of the bill would add a new subdivision 23 to section 4403 of the Education Law to require fingerprinting of all prospective employees of Chapter 853 schools unless they have received clearance for employment pursuant to sections 3035 or 3004-b of the Education Law (i.e., through a public school or teacher certification) or section 599-cc or 1209-d of the Vehicle and Traffic Law (school bus drivers and attendants) or by the City of New York pursuant to local law. The new subdivision also would authorize the Commissioner to provide subsequent criminal history notifications to the schools. The new subdivision would authorize conditional appointments and emergency conditional appointments of prospective employees of such schools to the same extent and under the same conditions as a board of education of a union free school district pursuant to Education Law § 1709(39). The new subdivision also would clarify that it does not apply to an approved July and August program under Education Law section 4408 that is operated by a school district or BOCES. Section 19 of the bill would add a new subdivision 9-e to section 4410 of the Education Law to require fingerprinting of all prospective employees of 4410 providers unless they have received clearance for employment pursuant to sections 3035 or 3004-b of the Education Law (i.e., through a public school or teacher certification) or section 599-cc or 1209-d of the Vehicle and Traffic Law (school bus drivers and attendants), or a valid clearance issued by the City of New York pursuant to local law. The new subdivision also would clarify that individual related service providers are responsible for submitting their own fingerprints prior to their inclusion on a list of related service providers maintained by the municipality or board of education pursuant to subdivision (9)(c) of section 4410). The new subdivision would authorize the Commissioner to provide subsequent criminal history notifications for its employees to the approved providers or to the City School District of the City of New York. The new subdivision also would authorize conditional appointments and emergency conditional appointments of prospective employees of such schools to the same extent and under the same conditions as a board of education of a union free school district pursuant to Education Law § 1709(39). The new subdivision would clarify that it does not apply to an approved July and August program under Education Law section 4408 that is operated by a school district or BOCES. Finally, the new subdivision would authorize the Commissioner to provide a copy of an employee's clearance for employment or a denial of clearance to each municipality that employs or has such an individual on a list of related service providers. Section 20 would amend subdivision 3 of section 3035 of the Education Law, as such subdivision existed prior to its amendment by Chapter 147 of the Laws of 2001, to ensure that the expiration of the amendments made by Chapter 147 will not affect the amendment to subdivision 3 that is needed to provide for clearances by special education schools. This bill section would take effect only if the provisions of Chapter 147 expire and are deemed repealed. Section 21 of the bill would add a new §276-a to the Education Law to require criminal history records checks for prospective employees of the State Education Department, the University of the State of New York and the Archives Partnership Trust who are hired, assigned or transferred to work in the Education Department's Office of Cultural Education or a facility housing such office on or after the effective date of this act, as well as for employees of contracted service providers and volunteers who provide services to the Office of Cultural Education and whose services involve unsupervised direct contact with children or unsupervised access to collections. The bill would provide for the submission of fingerprints to the Division of Criminal Justice Services (DCJS) with the processing fees required by Executive Law §837(8-a) and the fees imposed by the FBI. The bill would provide for determinations of whether an individual is cleared to supply services in the Office of Cultural Education based on his or her criminal history. Such determinations must be made in accordance with Executive Law §296(16) and Article 23-A of the Correction Law. Upon denial of clearance, the prospective employee or volunteer would have to be provide d notice and the right to be heard and submit proof in opposition in accordance with regulations of the Commissioner, consistent with the due process procedures established by §50 of the Civil Service Law. Upon a denial of clearance or refusal to be fingerprinted, a prospective employee would be disqualified for appointment, transfer or assignment to provide services in the Office of Cultural Education and a volunteer would be prohibited from providing services. Section 22 would appropriate $250,000 to the State Education Department for its expenses to implement this bill in the first year. Section 23 would be the effective date. STATEMENT IN SUPPORT OF THE BILL : Over the past decade, several pieces of legislation have been enacted to require prospective employees in various settings to be fingerprinted for the purpose of conducting criminal history record checks. In each case, the primary purpose of such legislation is either to protect children or other vulnerable populations from exposure to individuals whose criminal records indicate that they may pose a threat to the health and safety of those in their custody or care or with whom they have direct contact, or to protect valuable resources against the risk of theft. Currently, however, there are gaps in the coverage of these criminal history record check requirements and the protections they provide. This bill would extend the criminal history record check requirements to cover two areas in which there is a gap in such protections-special education schools and the State Education Department's Office of Cultural Education (including the State Museum, State Library and State Archives). A. SPECIAL EDUCATION SCHOOLS Fingerprinting requirements were imposed on prospective employees of school districts, BOCES and charter schools by Chapter 180 of the Laws of 2000 as part of the Project SAVE initiative. This bill would extend the requirement of a criminal history record check for prospective employees of such public schools to prospective employees of the various types of publicly-funded schools that serve students with disabilities placed by school district committees on special education and committees on preschool special education. The City of New York fingerprints employees of special education schools with which it contracts, but there is no fingerprinting requirement for special education schools located outside the City of New York that do not contract with the New York City School District. Now that school districts, BOCES and charter schools are required to fingerprint applicants for employment, and as more states impose fingerprinting requirements for school employees, leaving special education students unprotected creates a serious risk that individuals convicted of crimes such as sex offenses involving children that would disqualify them from serving in public schools will seek to be employed in schools that serve these students. Students with disabilities are perhaps the most vulnerable student population of all, and exposing them to the risk of abuse by individuals with criminal histories involving physical or sexual abuse of children is unconscionable. The existing protections provided to students with disabilities are not adequate. Education Law §§ 4212, 4314, 4358 and 4403(11) and Title 6 of the Social Services Law provide protections against abuse and maltreatment of students with disabilities in residential care, including requirements that applicants for employment provide sworn statements of their criminal history and give special education schools access to the Statewide Central Register of Child Abuse and Maltreatment for the purpose of screening them. However, the Statewide Central Register lists only prior founded reports of child abuse or maltreatment against an individual. The legal definition of child abuse and maltreatment is too narrow to cover many criminal offenses that ought to be disqualifying, such as sexual offenses involving children for whom the individual is not the parent or otherwise responsible under the Family Court Act, or rape or other serious offenses involving adults. In addition, there is no adequate protection for students with disabilities in non-residential schools. The provisions of Chapter 630 of the Laws of 2006 gave non-public elementary and secondary schools access to fingerprinting on a voluntary basis, but it is not clear whether Chapter 630 was intended to apply to residential and non-residential special education schools. Even if it is applicable, a voluntary provision would not provide adequate protection for students with disabilities. In recognition of the costs and administrative burdens from imposing fingerprinting requirements, this bill would follow the same measured approach that was adopted for Project SAVE. Fingerprinting would be imposed only prospectively; it would apply to new applicants for employment, not to existing employees. Instead of involving school districts or BOCES in fingerprinting employees of other entities, the bill would make the special education schools responsible for ensuring that their prospective employees are fingerprinted and granted criminal clearance by the Commissioner of Education. Duplication of fingerprinting requirements would be avoided to the extent practicable. However, there are circumstances under which individuals who are fingerprinted and subjected to a criminal history record check under other laws would not be exempted by this bill because such other laws do not authorize an FBI criminal history record check. For example, this bill would not provide an exemption for individuals employed by approved providers under section 4410 of the Education Law who have been fingerprinted under the provisions of § 390-b of the Social Services Law applicable to day care workers, because there is no provision for an FBI criminal history record check under that statute. Once an individual would be given criminal clearance after having been fingerprinted by a school district pursuant to Education Law § 3035 or after they would have applied for a teaching certificate or would be hired as a school bus driver or school bus attendant, they would not need to be refingerprinted. Special education schools located within the City of New York and individuals who are employed by special education schools located outside of the City of New York who receive clearance by the City of New York would also be exempted. With these exceptions, the bill would track the existing requirements for criminal history record checks of prospective school district employees, providing special education school prospective employees the same due process protections as school district prospective employees. Clarification of the provisions of Article 23-B of the Education Law relating to child abuse in an educational setting as applied to special education schools is also needed. The definition of an "educational setting" in section 1125(5) includes not only a school building or school bus, but also "any other location where direct contact between an employee or volunteer and a child has allegedly occurred." Because the definition of an "employee" in section 1125(3) includes an employee of a contracted service provider where a school district contracts with a special education school to provide services to a student, the literal language of Article 23-B extends to special education schools as contracted service providers. Article 23-B, however, requires superintendents of schools and school district administrators to investigate allegations of child abuse and report them to law enforcement. In the case of a special education school, the superintendent of schools of the school district will not be in the best position to investigate an incident as he or she will not have ready access to the information needed to make a judgment that there is reasonable suspicion that an act of child abuse involving an employee of the special education school has occurred. The special education school may be located many miles from the school district, and the superintendent will have no familiarity with the employees of the special education school and no ability to take swift action against an employee if an allegation is believed to be founded. In the case of a residential special education school, where child abuse or neglect of a child in residential care is already reportable to the Statewide Central Register of Child Abuse and Maltreatment under the provisions of Title 6 of the Social Services Law, there is a severe risk that an independent investigation by a school district would interfere with and potentially compromise an investigation of alleged abuse or neglect by the child protective services unit in the local social services district. Title 6 of the Social Services Law requires reporting of founded incidents to law enforcement, which makes application of the protections of Article 23-B to a residential special education school unnecessary. This bill would address these issues by explicitly exempting residential special education schools and programs from the requirements of Article 23-B of the Education Law, while providing greater protection for children by explicitly making the provisions of Article 23-B applicable to non-residential special education schools and programs. Incidents occurring in nonresidential special education schools and programs are not subject to reporting to the Statewide Central Register of Child Abuse and Maltreatment under the provisions of Title 6 of the Social Services Law. Unless Article 23-B applies, there would be a gap in the protection of students with disabilities against child abuse. This bill would ensure that there would be no gap in the protection of these children, while assigning responsibility for compliance with Article 23-B to the school administrator of the special education school, rather than the superintendent of schools of the contracting school district. The school administrator of the non-residential special education school, defined as the chief school officer, is in the best position to quickly investigate and take appropriate action to protect the student when an incident of child abuse occurs. The administrator should be held responsible for investigating and reporting incidents to law enforcement in precisely the same manner as a superintendent of schools is for incidents in a school district school. A school administrator of a non-residential special education school who fails to investigate or report an incident of child abuse to law enforcement ought to be subject to the same criminal sanctions and risk of loss of certification that a superintendent of schools would face in the same circumstance. This bill would protect students with disabilities by placing responsibility for investigating and intervening in cases of child abuse in a non-residential special education school precisely where it belongs-with the chief school officer. B. THE OFFICE OF CULTURAL EDUCATION The proposed bill would also provide the State Education Department's Office of Cultural Education the authority to perform criminal background checks on all employees hired after the effective date. The bill parallels the provisions of the Education Law that govern criminal history records checks for prospective employees of school districts. A large number of children participate in State Museum programs daily and many more visit State Museum exhibits, the State Library's public floor and the State Archives. Staff, volunteers, and interns, as well as various contractors and vendors, can potentially come in contact with the children and should, therefore, meet the same security requirements, i.e., criminal background check and fingerprinting as required of school employees with a similar possibility of contact. The Office of Cultural Education, through the State Archives, State Library and State Museum, is responsible for vast collections of importance to the State of New York. These collections have great historical significance, cultural and scientific importance and, in many cases, financial value. It is appropriate that staff and others with the potential to access these state treasures undergo a security check to reduce the risk of theft or damage to these collections. The exception to these background checks would be employees, such as security guards, who have already undergone a background check prior to employment or who have previously passed a background check while working elsewhere in the State Education Department. BUDGETARY IMPLICATIONS OF THE BILL : This bill would result in an annual cost to the state of $250,000 for staff to handle the additional workload of processing criminal history records checks . Applicants for positions at special education schools and with the Office of Cultural Education would be required to pay a processing fee for a criminal history record check by DCJS and the FBI, currently $94.25. Some administrative costs would be incurred by affected special education schools but the amounts are not known. Special education schools located within the City of New York would be exempt. A substantial proportion of the employees of special education schools located outside the City of New York are already subject to fingerprinting through the City of New York, and would also be exempt. PRIOR LEGISLATIVE HISTORY : In the 2008 and 2007 legislative session the special education school fingerprinting language was introduced as A.8681 and S.5774. A.8681 was referred to the Assembly Education Committee and no further action was taken. S.5774 passed the Senate, was referred to the Assembly Education Committee and no further action was taken. In 2006, a similar bill relating to special education schools was introduced as S.5432, passed the Senate and was referred to the Assembly Education Committee and no further action was taken. Another similar bill, S.4018, was introduced in the Senate, and referred to the Senate Finance Committee. A similar bill, A.11908, was introduced in the Assembly, referred to the Assembly Education Committee and no further action was taken. Similar bills were also introduced as S.4985-A for 2003-2004 and A.10971 for 2004. In the 2008 and 2007 legislative sessions, the cultural education language was introduced in the Assembly as A.8683 and Senate as S.4331, was referred to the respective Education Committees, and no further action was taken. EFFECTIVE DATE : This act would take effect on the 180th day after it becomes a law. The appropriation in section 22 of the act would take effect immediately. The Commissioner's authority to promulgate any regulations needed to implement the act on the effective date would take effect immediately. The provisions of sections 1 through 4, 9 through 20 and 22 of this act relating to fingerprinting would apply to prospective employees of special education schools who are appointed on or after the 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 the effective date. The provisions of section 21 of this act relating to fingerprinting would apply to prospective employees and volunteers working in the office of cultural education on and after the effective date. The provisions of section 6 of this act would expire and be deemed repealed in accordance with section 12 of Chapter 147 of the Laws of 2001, whereupon the provisions of section 16 of this act would take effect.
2009-S3294 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K
________________________________________________________________________
3294
2009-2010 Regular Sessions
I N S E N A T E
March 13, 2009
___________
Introduced by Sen. OPPENHEIMER -- (at request of the State Education
Department) -- read twice and ordered printed, and when printed to be
committed 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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09354-02-9
S. 3294 2
pursuant to section three thousand four-b of this chapter or pursuant to
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-
S. 3294 3
ATED PURSUANT TO ARTICLE EIGHTY-SEVEN OR EIGHTY-EIGHT OF THIS CHAPTER, A
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
S. 3294 4
ALLEGATIONS OF ABUSE OF A CHILD IN RESIDENTIAL CARE OR NEGLECT OF A
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
S. 3294 5
criminal justice services and the federal bureau of investigation. All
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
S. 3294 6
the city of New York. Upon request from a prospective employee who has
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
S. 3294 7
YORK PURSUANT TO LOCAL LAW. PRIOR TO INITIATING THE FINGERPRINTING PROC-
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. 3294 8
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:
(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:
S. 3294 9
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
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
S. 3294 10
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.
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
S. 3294 11
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
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
S. 3294 12
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-
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
S. 3294 13
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:
(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
S. 3294 14
the laws of 2001, as amended, when upon such date the provisions of
section eleven of this act shall take effect.
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