senate Bill S4873A

Amended

Relates to the protection of pupils in educational settings from abuse and maltreatment, and requiring the fingerprinting of school bus drivers

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 27 / Apr / 2011
    • REFERRED TO EDUCATION
  • 17 / May / 2011
    • 1ST REPORT CAL.731
  • 18 / May / 2011
    • 2ND REPORT CAL.
  • 23 / May / 2011
    • ADVANCED TO THIRD READING
  • 01 / Jun / 2011
    • AMENDED ON THIRD READING 4873A
  • 14 / Jun / 2011
    • PASSED SENATE
  • 14 / Jun / 2011
    • DELIVERED TO ASSEMBLY
  • 14 / Jun / 2011
    • REFERRED TO EDUCATION
  • 04 / Jan / 2012
    • DIED IN ASSEMBLY
  • 04 / Jan / 2012
    • RETURNED TO SENATE
  • 04 / Jan / 2012
    • REFERRED TO EDUCATION
  • 07 / Feb / 2012
    • 1ST REPORT CAL.190
  • 13 / Feb / 2012
    • 2ND REPORT CAL.
  • 14 / Feb / 2012
    • ADVANCED TO THIRD READING
  • 06 / Jun / 2012
    • AMENDED ON THIRD READING 4873B
  • 21 / Jun / 2012
    • COMMITTED TO RULES

Summary

Relates to the protection of pupils in educational settings from abuse and maltreatment; requires the fingerprinting of prospective school bus drivers.

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Bill Details

Versions:
S4873
S4873A
S4873B
Legislative Cycle:
2011-2012
Current Committee:
Senate Rules
Law Section:
Education Law
Laws Affected:
Amd Ed L, generally; amd ยงยง509-cc, 509-d & 1229-d, V & T L
Versions Introduced in Previous Legislative Cycles:
2009-2010: S1634A
2007-2008: S5669A

Sponsor Memo

BILL NUMBER:S4873A

TITLE OF BILL:
An act
to amend the education law, in relation to the child abuse reporting
requirements in educational settings; to amend chapter 91 of the laws of
2002, amending the education law and other laws relating to the
reorganization of the New York city school construction authority,
board of education and community boards, in relation to making a
technical correction thereto;
and to amend the vehicle and traffic
law, in relation to qualifications for school bus drivers

PURPOSE:
To expand the provisions of existing education law requiring the
reporting acts of child abuse in an educational setting to encompass
situations where the abuse is committed by a child upon another child
and also where the abuse is witnessed by an employee. Additionally
the bill requires that drivers of school buses and school bus
attendants undergo the same criminal history background checks
required of all other school employees.

SUMMARY OF PROVISIONS:
Sections 1 through 16 amend education law to remove the exemption of
fingerprinting for bus drivers.

Section 17 adds a new subdivision to section 1125 of the education law
to create the category of sexual abuse by a student.

Section 18 adds a new section 1126-a of the education law to require
employees not specifically enumerated in section 1126 to promptly
inform the school administrator or his or her designated agent of
allegations of child abuse or sexual abuse by a student in an
educational setting; requires the Commissioner of Education to
develop the form to be used pursuant to section 1126-a;
requires the designated agent of the school administrator to be
responsible for compliance with the procedures set forth in this
section; and provides immunity from civil liability for employees and
persons who reasonably and in good faith make reports of child abuse
or sexual abuse by a student.

Section 19 amends sections 1126, 1127 and 1128 of the education law to
include allegations of sexual abuse of a student and direct
observation of child abuse or sexual abuse of a student to
those acts required to be reported by enumerated mandated reporters
and provides for those making the reports the same immunities from
civil liability in statute, as well as providing the same
confidentiality and reporting procedures for such reports as
currently provided in law.

Section 20 provides that willful failure of an employee to report is a
class A misdemeanor.

Section 21 amends section 1130 of education law to add reports of
student sexual abuse by a student to those reports which district
attorneys are required to notify the District Superintendent and the


Commissioner of Education when, as a result of such report, an
indictment or accusatory instrument is filed or when a criminal
investigation is suspended or terminated.

Section 22 amends section 1132 of education law to direct the
Commissioner of Education to prepare a form for the recording and
transmitting of allegations of sexual abuse by a student.

Section 23 amends section 509-cc of vehicle and traffic law to
increase the level of scrutiny of the criminal history background
check by adding the criteria contained in section 30.35 of the
education law, including reviewing the records maintained by the
Federal Bureau of Investigation, to the standards used to screen
applicants for employment. The Commissioner of Motor Vehicles shall
consult with the Commissioner of Education to develop procedures for
the application of the disqualification criteria.

Section 24 amends subdivision 2 of section 509-d of the vehicle and
traffic law to direct motor carriers who employ persons as drivers of
school buses to request the Department of Motor Vehicles to initiate
a criminal history background check pursuant to section 509-cc of
this article.

Section 25 amends subdivision 2 of section 1229-d of the vehicle and
traffic to require school bus attendants to undergo the same criminal
history background checks pursuant to section 3035 of the education
law.

Section 26 of the bill sets an effective date of July 1, 2012.

EXISTING LAW:
Education law requires the reporting of child.abuse in an educational
setting to allegations of child abuse perpetrated by an adult made to
a mandated reporter. Vehicle and traffic law criminal history
requirements for school bus drivers are limited to certain enumerated
crimes and time periods. There is no requirement to review criminal
history background records from the Federal Bureau of Investigation.

JUSTIFICATION:
While prospective school bus drivers and school bus attendants are
currently required to be fingerprinted and subjected to a criminal
history check, they are not reviewed under the same stringent
standards and criteria as all other prospective school employees as
imposed by Chapter 180 of 2000. Under the existing statute, there is
the potential to obtain licensure as a school bus driver after a
period of only five years following release from incarceration for
certain sexual predators, as well as those previously convicted of
robbery in the first degree, criminally
negligent homicide, manslaughter in the second degree and many more
offenses, where it is simply unsuitable to be charged with the
responsibility to drive children on a school bus. All employees
working with children should be screened utilizing an established
uniform standard which best protects the students from potential
harm. The proposed standard is currently in place and operating
successfully for all other school employees. This bill requires any
employee not previously mandated (ie., employees without
certification or professional licenses) to report child abuse in an


educational setting promptly to the proper authorities. In addition,
this bill requires all employees to report any allegation of sexual
abuse by a student in an educational setting. Media reports have
recently highlighted heinous acts of sexual assault committed on
school grounds which were not properly reported. This bill ensures
that employees are held accountable for neglecting to report acts
which have endangered children in an educational setting.

LEGISLATIVE HISTORY:
2009-2010: S.1634 - Referred to Education; Reported to Codes
2007-2008: S.5669-A - Passed Senate

FISCAL IMPLICATIONS:
None.

LOCAL FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
July 1, 2012

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

                                 4873--A
    Cal. No. 731

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             April 27, 2011
                               ___________

Introduced  by  Sen.  SALAND -- read twice and ordered printed, and when
  printed to be committed to the  Committee  on  Education  --  reported
  favorably  from  said  committee,  ordered to first and second report,
  ordered to a third reading, amended and ordered  reprinted,  retaining
  its place in the order of third reading

AN  ACT  to  amend  the  education  law,  in relation to the child abuse
  reporting requirements in educational settings; to amend chapter 91 of
  the laws of 2002, amending the education law and other  laws  relating
  to the reorganization of the New York city school construction author-
  ity,  board of education and community boards, in relation to making a
  technical correction thereto; and to amend  the  vehicle  and  traffic
  law, in relation to qualifications for school bus drivers

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

  Section 1.  Paragraph (a) 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:
  (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 authorizing  the  fingerprinting
of prospective employees of nonpublic and private elementary and second-
ary 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, and nonpub-
lic and private elementary and secondary schools in connection with  the
submission  of  fingerprints that contains the specific job title sought

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05595-03-1

S. 4873--A                          2

and any other information that may be relevant to consideration  of  the
applicant. The commissioner shall also establish a form for the recorda-
tion  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 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 fingerprinting 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.
  S  2.  Paragraph  a of subdivision 39 of section 1604 of the education
law, as amended by chapter 147 of the laws of 2001, is amended  to  read
as follows:
  a. Shall require, for purposes of a criminal history record check, the
fingerprinting  of  all  prospective employees pursuant to section three
thousand thirty-five of this chapter, who do not  hold  valid  clearance
pursuant to such section 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]. Prior to initiating the  finger-
printing  process,  the prospective employer shall furnish the applicant
with the form described  in  paragraph  (c)  of  subdivision  thirty  of
section  three  hundred five of this chapter and shall obtain the appli-
cant'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.
  S 3. Subdivision 39 of section 1604 of the education law, as added  by
chapter 180 of the laws of 2000, is amended to read as follows:
  39.  Shall  require,  for purposes of a criminal history record check,
the fingerprinting of all  prospective  employees  pursuant  to  section
three thousand thirty-five of this chapter, who do not hold valid clear-
ance  pursuant  to  such  section  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]. Prior to initiat-
ing  the  fingerprinting process, the prospective employer shall furnish
the applicant 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.
  S  4.  Paragraph  a of subdivision 39 of section 1709 of the education
law, as amended by chapter 147 of the laws of 2001, is amended  to  read
as follows:
  a. Shall require, for purposes of a criminal history record check, the
fingerprinting  of  all  prospective employees pursuant to section three
thousand thirty-five of this chapter, who do not  hold  valid  clearance
pursuant to such section 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]. Prior to initiating the  finger-
printing  process,  the prospective employer shall furnish the applicant
with the form described  in  paragraph  (c)  of  subdivision  thirty  of
section  three  hundred five of this chapter and shall obtain the appli-
cant'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.

S. 4873--A                          3

  S 5. Subdivision 39 of section 1709 of the education law, as added  by
chapter 180 of the laws of 2000, is amended to read as follows:
  39.  Shall  require,  for purposes of a criminal history record check,
the fingerprinting of all  prospective  employees  pursuant  to  section
three thousand thirty-five of this chapter, who do not hold valid clear-
ance  pursuant  to  such  section  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]. Prior to initiat-
ing  the  fingerprinting process, the prospective employer shall furnish
the applicant 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.
  S  6.  Paragraph  a  of subdivision 9 of section 1804 of the education
law, as amended by chapter 147 of the laws of 2001, is amended  to  read
as follows:
  a.  The  board  of education shall, for purposes of a criminal history
record check, require the fingerprinting of  all  prospective  employees
pursuant  to  section three thousand thirty-five of this chapter, who do
not hold valid clearance pursuant to such section 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]. Prior
to initiating the fingerprinting process, the prospective employer shall
furnish the applicant with the form described in paragraph (c) of subdi-
vision 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.
  S 7. Subdivision 9 of section 1804 of the education law, as  added  by
chapter 180 of the laws of 2000, is amended to read as follows:
  9.  The  board  of education shall, for purposes of a criminal history
record check, require the fingerprinting of  all  prospective  employees
pursuant  to  section three thousand thirty-five of this chapter, who do
not hold valid clearance pursuant to such section 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]. Prior
to initiating the fingerprinting process, the prospective employer shall
furnish the applicant with the form described in paragraph (c) of subdi-
vision 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.
  S 8. Subparagraph a of paragraph ll of subdivision 4 of  section  1950
of  the education law, as amended by chapter 147 of the laws of 2001, is
amended to read as follows:
  a. Shall require, for purposes of a criminal history record check, the
fingerprinting of all prospective employees pursuant  to  section  three
thousand  thirty-five  of  this chapter, who do not hold valid clearance
pursuant to such section 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]. Prior to initiating the finger-
printing process, the prospective employer shall furnish  the  applicant
with  the  form  described  in  paragraph  (c)  of subdivision thirty of

S. 4873--A                          4

section three hundred five of this chapter and shall obtain  the  appli-
cant's  consent  to  the  criminal  history records search. Every set of
fingerprints taken pursuant to this paragraph shall be promptly  submit-
ted to the commissioner for purposes of clearance for employment.
  S  9.  Paragraph  ll of subdivision 4 of section 1950 of the education
law, as added by chapter 180 of the laws of 2000, is amended to read  as
follows:
  ll.  Shall  require,  for purposes of a criminal history record check,
the fingerprinting of all  prospective  employees  pursuant  to  section
three thousand thirty-five of this chapter, who do not hold valid clear-
ance  pursuant  to  such  section  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]. Prior to initiat-
ing  the  fingerprinting process, the prospective employer shall furnish
the applicant 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 paragraph shall be promptly
submitted to the commissioner for purposes of clearance for employment.
  S 10. Paragraph a of subdivision 18 of section 2503 of  the  education
law,  as  amended by chapter 147 of the laws of 2001, is amended to read
as follows:
  a. Shall require, for purposes of a criminal history record check, the
fingerprinting of all prospective employees pursuant  to  section  three
thousand  thirty-five  of  this chapter, who do not hold valid clearance
pursuant to such section 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]. Prior to initiating the finger-
printing process, the prospective employer shall furnish  the  applicant
with  the  form  described  in  paragraph  (c)  of subdivision thirty of
section three hundred five of this chapter and shall obtain  the  appli-
cant'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.
  S 11. Subdivision 18 of section 2503 of the education law, as added by
chapter 180 of the laws of 2000, is amended to read as follows:
  18.  Shall  require,  for purposes of a criminal history record check,
the fingerprinting of all  prospective  employees  pursuant  to  section
three thousand thirty-five of this chapter, who do not hold valid clear-
ance  pursuant  to  such  section  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]. Prior to initiat-
ing  the  fingerprinting process, the prospective employer shall furnish
the applicant 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.
  S  12.  Paragraph a of subdivision 25 of section 2554 of the education
law, as amended by section 2 of chapter 91  of  the  laws  of  2002,  is
amended to read as follows:
  a. Shall require, for purposes of a criminal history record check, the
fingerprinting  of  all  prospective employees pursuant to section three
thousand thirty-five of this chapter, who do not  hold  valid  clearance
pursuant to such section or pursuant to section three thousand four-b of
this  chapter [or section five hundred nine-cc or twelve hundred twenty-

S. 4873--A                          5

nine-d of the vehicle and traffic law]. Prior to initiating the  finger-
printing  process,  the prospective employer shall furnish the applicant
with the form described  in  paragraph  (c)  of  subdivision  thirty  of
section  three  hundred five of this chapter and shall obtain the appli-
cant'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.
  S 13. Subdivision 25 of section 2554 of the education law, as  amended
by  section  4  of chapter 91 of the laws of 2002, is amended to read as
follows:
  25. Shall require, for purposes of a criminal  history  record  check,
the  fingerprinting  of  all  prospective  employees pursuant to section
three thousand thirty-five of this chapter, who do not hold valid clear-
ance pursuant to such section 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]. Prior to initiat-
ing the fingerprinting process, the prospective employer  shall  furnish
the  applicant  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.
  S 14. Section 34 of chapter 91 of  the  laws  of  2002,  amending  the
education  law  and other laws relating to the reorganization of the New
York city school construction authority, board of education and communi-
ty boards, as amended by chapter 345 of the laws of 2009, is amended  to
read as follows:
  S 34. This act shall take effect July 1, 2002; provided, that sections
one,  THREE AND FIVE through twenty, twenty-four, and twenty-six through
thirty of this act shall expire and be deemed repealed  June  30,  2015;
provided,  further,  that  notwithstanding any provision of article 5 of
the general construction law, on June 30, 2015 the provisions of  subdi-
visions  3,  5,  and  8,  paragraph b of subdivision 13, subdivision 14,
paragraphs b, d, and e of subdivision 15, and subdivisions 17 and 21  of
section  2554  of the education law as repealed by section three of this
act, subdivision 1 of section 2590-b of the education law as repealed by
section six of this act, paragraph  (a)  of  subdivision  2  of  section
2590-b  of  the  education law as repealed by section seven of this act,
section 2590-c of the education law as repealed by section eight of this
act, paragraph c of subdivision 2 of section 2590-d of the education law
as repealed by section twenty-six of this act, subdivision 1 of  section
2590-e  of the education law as repealed by section twenty-seven of this
act, subdivision 28 of section 2590-h of the education law  as  repealed
by section twenty-eight of this act, subdivision 30 of section 2590-h of
the education law as repealed by section twenty-nine of this act, subdi-
vision  30-a  of  section  2590-h  of  the  education law as repealed by
section thirty of this  act  shall  be  revived  and  be  read  as  such
provisions  existed  in law on the date immediately preceding the effec-
tive date of this act; provided, however, that sections seven and  eight
of  this  act  shall  take effect on November 30, 2003; provided further
that the amendments to subdivision 25 of section 2554 of  the  education
law  made  by section two 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 four of this act shall take effect.

S. 4873--A                          6

  S 15. Subparagraph (i) of paragraph (a-2) of subdivision 3 of  section
2854  of  the  education  law,  as amended by chapter 147 of the laws of
2001, is amended to read as follows:
  (i)  The  board  of  trustees  of  a charter school shall require, for
purposes of a criminal history record check, the fingerprinting  of  all
prospective  employees pursuant to section three thousand thirty-five of
this chapter, who do not hold valid clearance pursuant to  such  section
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].  Prior  to  initiating  the  fingerprinting  process,  the
prospective employer shall furnish the applicant 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
paragraph  shall  be promptly submitted to the commissioner for purposes
of clearance for employment.
  S 16. Paragraph (a-2) of subdivision 3 of section 2854 of  the  educa-
tion  law,  as  added  by chapter 180 of the laws of 2000, is amended to
read as follows:
  (a-2) The board of trustees of a charter  school  shall  require,  for
purposes  of  a criminal history record check, the fingerprinting of all
prospective employees pursuant to section three thousand thirty-five  of
this  chapter,  who do not hold valid clearance pursuant to such section
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].  Prior  to  initiating  the  fingerprinting  process, the
prospective employer shall furnish the applicant 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
paragraph shall be promptly submitted to the commissioner  for  purposes
of clearance for employment.
  S  17.  Section  1125  of the education law is amended by adding a new
subdivision 1-a to read as follows:
  1-A. "SEXUAL ABUSE BY A STUDENT" SHALL MEAN AN  ACT  COMMITTED  IN  AN
EDUCATIONAL SETTING BY A CHILD AGAINST ANOTHER CHILD WHICH IS DEFINED AS
CHILD SEXUAL ABUSE IN THIS SECTION.
  S  18.  The education law is amended by adding a new section 1126-a to
read as follows:
  S 1126-A. DUTIES OF EMPLOYEES NOT SPECIFICALLY ENUMERATED  IN  SECTION
ELEVEN  HUNDRED TWENTY-SIX OF THIS ARTICLE UPON RECEIPT OF AN ALLEGATION
OR DIRECT OBSERVATION OF CHILD ABUSE OR SEXUAL ABUSE BY A STUDENT IN  AN
EDUCATIONAL  SETTING.    1. IN ANY CASE WHERE CHILD ABUSE IS OBSERVED OR
WHEN AN ORAL OR WRITTEN ALLEGATION IS MADE TO AN EMPLOYEE, AS DEFINED IN
SUBDIVISION THREE OF SECTION ELEVEN HUNDRED TWENTY-FIVE OF THIS  ARTICLE
WHO IS NOT ENUMERATED IN SECTION ELEVEN HUNDRED TWENTY-SIX OF THIS ARTI-
CLE,  THAT A CHILD HAS BEEN SUBJECTED TO CHILD ABUSE BY AN EMPLOYEE OR A
VOLUNTEER IN AN EDUCATIONAL SETTING, OR SEXUAL ABUSE BY A STUDENT IN  AN
EDUCATIONAL  SETTING,  SUCH PERSON SHALL UPON RECEIPT OF SUCH ALLEGATION
PROMPTLY INFORM THE SCHOOL ADMINISTRATOR OR HIS OR HER DESIGNATED AGENT.
  2. THE COMMISSIONER SHALL DEVELOP A FORM FOR USE BY SCHOOL  DISTRICTS,
CHARTER  SCHOOLS,  AND  BOARDS  OF COOPERATIVE EDUCATIONAL SERVICES THAT
CONTAINS, FOR RECORDATION  ANY  INFORMATION  THAT  IS  RELEVANT  TO  THE
ALLEGED ACT OF CHILD ABUSE BY A CHILD IN AN EDUCATIONAL SETTING.
  3. THE DESIGNATED AGENT OF THE SCHOOL ADMINISTRATOR SHALL BE RESPONSI-
BLE FOR COMPLIANCE WITH THE PROCEDURES SET FORTH IN THIS ARTICLE.

S. 4873--A                          7

  4.  ANY  EMPLOYEE  WHO  REASONABLY AND IN GOOD FAITH MAKES A REPORT OF
ALLEGATIONS OF CHILD ABUSE OR SEXUAL ABUSE BY A  STUDENT  IN  AN  EDUCA-
TIONAL  SETTING  TO  THE  SCHOOL  ADMINISTRATOR OR HIS OR HER DESIGNATED
AGENT IN A MANNER DESCRIBED IN THIS SECTION, SHALL  HAVE  IMMUNITY  FROM
CIVIL LIABILITY WHICH MIGHT OTHERWISE RESULT BY REASON OF SUCH ACTIONS.
  5. ANY OTHER PERSON WHO REASONABLY AND IN GOOD FAITH MAKES A REPORT OF
CHILD  ABUSE OR SEXUAL ABUSE BY A STUDENT IN AN EDUCATIONAL SETTING TO A
SCHOOL EMPLOYEE IN A MANNER DESCRIBED IN THIS SECTION SHALL HAVE IMMUNI-
TY FROM CIVIL LIABILITY WHICH MIGHT OTHERWISE RESULT BY REASON  OF  SUCH
ACTIONS.
  S  19.  Sections 1126, 1127 and 1128 of the education law, as added by
chapter 180 of the laws of 2000, are amended to read as follows:
  S 1126. Duties of employees specifically enumerated  in  this  section
upon  receipt  of  an allegation OR DIRECT OBSERVATION of child abuse OR
SEXUAL ABUSE BY A STUDENT in an educational setting.   1.  In  any  case
where  an oral or written allegation is made to a teacher, school nurse,
school guidance counselor, school psychologist,  school  social  worker,
school  administrator,  school  board  member  or other school personnel
required to hold a teaching or administrative  license  or  certificate,
that a child has been subjected to SEXUAL ABUSE BY A STUDENT OR TO child
abuse by an employee or volunteer in an educational setting, such person
shall upon receipt of such allegation:
  (a)  promptly  complete  a written report of such allegation including
the full name of the child alleged to be abused; the name of the child's
parent; the identity of the  person  making  the  allegation  and  their
relationship to the alleged child victim; the name of the employee [or],
volunteer OR STUDENT against whom the allegation was made; and a listing
of  the specific allegations of child abuse OR SEXUAL ABUSE BY A STUDENT
in an educational setting. Such written report shall be upon a  form  as
prescribed in section eleven hundred thirty-two of this article.
  (b)  except where the school administrator DIRECTLY OBSERVES OR is the
person receiving such oral or written  allegation,  promptly  personally
deliver a copy of such written report to the school administrator of the
school  in  which the child abuse OR SEXUAL ABUSE BY A STUDENT allegedly
occurred.
  2. In any case where it is alleged that  a  child  was  abused  by  an
employee  [or],  volunteer  OR  STUDENT  of a school other than a school
within the school district of the child's attendance, the report of such
allegations 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.
  3. Any employee or volunteer who reasonably and in good faith makes  a
report  of allegations of child abuse OR SEXUAL ABUSE BY A STUDENT in an
educational setting to a person  and  in  a  manner  described  in  this
section  shall  have immunity from civil liability which might otherwise
result by reason of such actions.
  S 1127. Confidentiality of records. Reports and other written material
submitted pursuant to this article,  and  photographs  taken  concerning
such  reports in the possession of any person authorized to receive such
information, pursuant to this article, shall be confidential  and  shall
not  be redisclosed except to law enforcement authorities involved in an
investigation of child abuse OR SEXUAL ABUSE BY A STUDENT in  an  educa-
tional setting or as expressly authorized by law or pursuant to a court-
ordered  subpoena.  A  school  administrator  or a school superintendent

S. 4873--A                          8

shall exercise reasonable care in preventing such  unauthorized  disclo-
sure.  Willful disclosure of a written record required to be kept confi-
dential pursuant to this section to a person not authorized  to  receive
or review such record is a class A misdemeanor.
  S  1128.  Duties  of  school  administrators  and superintendents upon
receipt of a written report alleging child abuse OR SEXUAL  ABUSE  BY  A
STUDENT  in  an  educational  setting.  Upon receipt of a written report
described in paragraph (a) of subdivision one of section eleven  hundred
twenty-six  of  this article alleging that a child has been abused in an
educational setting, a  school  administrator  or  superintendent  shall
where  there  is  a reasonable suspicion to believe that an act of child
abuse OR SEXUAL ABUSE BY A STUDENT has occurred:
  1. Where the subject child has made the allegation: (a) promptly noti-
fy the parent of such child that an allegation of child abuse OR  SEXUAL
ABUSE  BY  A  STUDENT  in an educational setting has been made regarding
such child and promptly provide the  parent  with  a  written  statement
prepared  pursuant  to  regulations  of  the  commissioner setting forth
parental rights, responsibilities and procedures under this article; (b)
where a school administrator receives a written report, promptly provide
a copy of such report to the superintendent; and  (c)  promptly  forward
such  report  to  appropriate  law  enforcement authorities. In no event
shall reporting to law enforcement be delayed by reason of an  inability
to contact the superintendent.
  2.  Where  a parent of the child has made the allegation: (a) promptly
provide the parent of such  child  with  a  written  statement  prepared
pursuant  to  regulations  of  the  commissioner  setting forth parental
rights, responsibilities and procedures under this article; (b) where  a
school  administrator receives a written report, promptly provide a copy
of such report to the superintendent;  and  (c)  promptly  forward  such
report  to  appropriate  law  enforcement authorities. In no event shall
reporting to law enforcement be delayed by reason  of  an  inability  to
contact the superintendent.
  3.  Where  a  person  other  than the subject child or the parent of a
subject child has made the allegation: (a) promptly notify the parent of
the subject child that an allegation of child abuse OR SEXUAL ABUSE BY A
STUDENT in an educational setting has been made  regarding  his  or  her
child  and promptly provide the parent with a written statement prepared
pursuant to regulations  of  the  commissioner  setting  forth  parental
rights,  responsibilities  and procedures under this article; (b) ascer-
tain from the person making such report the source and  basis  for  such
allegation;  (c) where a school administrator receives a written report,
promptly provide a copy of such report to the  superintendent;  and  (d)
promptly forward such report to appropriate law enforcement authorities.
In  no  event shall reporting to law enforcement be delayed by reason of
an inability to contact the superintendent.
  4. Any school administrator or superintendent who  reasonably  and  in
good  faith makes a report of allegations of child abuse OR SEXUAL ABUSE
BY A STUDENT in an educational setting or reasonably and in  good  faith
transmits  such a report to a person or agency as required by this arti-
cle and in a manner described in section eleven  hundred  twenty-six  of
this  article  and this section shall have immunity from civil liability
which might otherwise result by reason of such actions.
  S 20. Section 1129 of the education law is amended  by  adding  a  new
subdivision 3 to read as follows:
  3.  THE  WILLFUL  FAILURE  OF  AN EMPLOYEE HAVING DIRECTLY OBSERVED OR
HAVING RECEIVED AN ALLEGATION OF  CHILD  ABUSE  OR  SEXUAL  ABUSE  BY  A

S. 4873--A                          9

STUDENT  IN AN EDUCATIONAL SETTING TO INFORM THE SCHOOL ADMINISTRATOR OR
HIS OR HER DESIGNATED AGENT OF SUCH OBSERVATION OR  ALLEGATION,  AS  SET
FORTH IN THIS SECTION, SHALL BE A CLASS A MISDEMEANOR.
  S  21.  Section  1130 of the education law, as added by chapter 180 of
the laws of 2000, is amended to read as follows:
  S 1130. Notification by district attorney. Where a  criminal  investi-
gation  of  an allegation of SEXUAL ABUSE BY A STUDENT OR child abuse by
an employee or volunteer is undertaken in response to a report forwarded
by a school administrator or superintendent to law enforcement  authori-
ties  pursuant  to  section eleven hundred twenty-eight of this article,
and where law enforcement authorities have provided such report  to  the
district attorney and have requested assistance, as soon as practicable,
it  shall  be  the responsibility of the district attorney to notify the
superintendent of schools of the district where the acts of child  abuse
OR  SEXUAL  ABUSE  BY  A  STUDENT  allegedly  occurred and of the school
district where the child is attending, if different, of an indictment or
the filing of an accusatory instrument against the employee [or], volun-
teer OR STUDENT against whom an allegation  of  child  abuse  OR  SEXUAL
ABUSE  BY  A  STUDENT  in  an educational setting was made. The district
attorney shall notify the superintendent  of  schools  of  the  district
where  the  acts  of  child abuse OR SEXUAL ABUSE BY A STUDENT allegedly
occurred and of the school district, if different, where  the  child  is
attending  of the disposition of the criminal case against such employee
[or], volunteer OR STUDENT or the suspension or termination of the crim-
inal investigation of such employee [or], volunteer OR STUDENT.
  S 22. Section 1132 of the education law, as added by  chapter  180  of
the laws of 2000, is amended to read as follows:
  S  1132.  Duties of the commissioner; child abuse OR SEXUAL ABUSE BY A
STUDENT in an educational setting. 1. The commissioner shall  prepare  a
form for the recording and transmitting of allegations of child abuse OR
SEXUAL  ABUSE  BY  A STUDENT in an educational setting.  Such form shall
include: (i) all definitions set out in section eleven  hundred  twenty-
five  of  this article; and (ii) adequate space for the inclusion of any
other information which the person making or filing the report  believes
would be helpful in describing or explaining the circumstances surround-
ing  an  allegation  of  child  abuse OR SEXUAL ABUSE BY A STUDENT in an
educational setting in accordance with the provisions of this article.
  2. The commissioner shall promulgate rules and regulations for  train-
ing necessary for the implementation of this article.
  S 23. Section 509-cc of the vehicle and traffic law, as added by chap-
ter  675 of the laws of 1985, subparagraphs (i), (ii) and (iii) of para-
graph (a) and subparagraph (i) of paragraph  (b)  of  subdivision  1  as
amended  by  section  27 and paragraphs (a), (b) and subparagraph (i) of
paragraph (c) of subdivision 2 as amended by section 28 of  part  LL  of
chapter 56 of the laws of 2010, paragraph (c) of subdivision 1 and para-
graph  (d)  of subdivision 2 as added and subparagraph (iv) of paragraph
(c) of subdivision 2 and paragraph (b) of subdivision 4  as  amended  by
chapter 360 of the laws of 1986, paragraphs (e) and (f) of subdivision 1
and  paragraphs (f) and (g) of subdivision 2 as added  and paragraph (d)
of subdivision 1 and paragraph (e) of subdivision 2 as amended by  chap-
ter  599  of  the laws of 1993, paragraph (g) of subdivision 1 and para-
graph (h) of subdivision 2 as added by chapter 475 of the laws of  2001,
subparagraph (v) of paragraph (c) of subdivision 2 as amended by chapter
345  of  the  laws of 2007, paragraph (a) of subdivision 4 as amended by
chapter 93 of the laws of  2006,  paragraph  (c)  of  subdivision  4  as

S. 4873--A                         10

amended  by  chapter 405 of the laws of 2010, and subdivision 5 as added
by chapter 164 of the laws of 2003, is amended to read as follows:
  S 509-cc. Disqualification  of  drivers  of school buses. (1) A person
employed as a driver of a school bus as defined  in  [paragraph  (a)  of
subdivision  one of] section [five hundred nine-a] ONE HUNDRED FORTY-TWO
of this chapter [on September fifteenth,  nineteen  hundred  eighty-five
and  who  was  subject  to  the provisions of this article as it existed
immediately prior to September fifteen,  nineteen  hundred  eighty-five,
and was employed in this state as a driver of a school bus as defined in
paragraph  (a) of subdivision one of section five hundred nine-a of this
chapter at any time during the first  six  months  of  nineteen  hundred
eighty-five,]  shall  be  disqualified  from  operating  a school bus as
follows:
  (a) [permanently, if that person
  (i) has been convicted  of  or  forfeited  bond  or  collateral  which
forfeiture  order  has  not  been  vacated or the subject of an order of
remission upon a violation committed prior to September fifteenth, nine-
teen hundred eighty-five, of section  130.30,  130.35,  130.45,  130.50,
130.60,  or  130.65  of  the  penal law, or an offense committed under a
former section of the penal law which would constitute  a  violation  of
the aforesaid sections of the penal law or any offense committed outside
of  this  state  which  would  constitute  a  violation of the aforesaid
sections of the penal law, provided, however,  the  provisions  of  this
subparagraph  shall not apply to convictions, suspensions or revocations
or forfeitures of bonds for collateral upon any of the charges listed in
this subparagraph for  violations  which  occurred  prior  to  September
first, nineteen hundred seventy-four committed by a person employed as a
bus  driver  on September first, nineteen hundred seventy-four. However,
such disqualification may  be  waived  provided  that  five  years  have
expired  since  the applicant was discharged or released from a sentence
of imprisonment imposed  pursuant  to  conviction  of  an  offense  that
requires  disqualification  under  this paragraph and that the applicant
shall have been granted a certificate of relief from disabilities  or  a
certificate  of  good  conduct  pursuant  to article twenty-three of the
correction law. When  the  certificate  is  issued  by  a  court  for  a
conviction  which occurred in this state, it shall only be issued by the
court having jurisdiction over such conviction. Such  certificate  shall
specifically  indicate  that the authority granting such certificate has
considered the bearing, if any, the criminal  offense  or  offenses  for
which  the  person was convicted will have on the applicant's fitness or
ability to operate a bus transporting school children to the applicant's
prospective employment, prior to granting such a certificate; or
  (ii) has been convicted of an  offense  listed  in  paragraph  (a)  of
subdivision  four of this section that was committed on or after Septem-
ber fifteenth, nineteen hundred eighty-five. However, such disqualifica-
tion may be waived by the commissioner provided  that  five  years  have
expired  since  the applicant was discharged or released from a sentence
of imprisonment imposed  pursuant  to  conviction  of  an  offense  that
requires  disqualification  under  this paragraph and that the applicant
shall have been granted a certificate of relief from disabilities  or  a
certificate  of  good  conduct  pursuant  to article twenty-three of the
correction law. When  the  certificate  is  issued  by  a  court  for  a
conviction  which occurred in this state, it shall only be issued by the
court having jurisdiction over such conviction. Such  certificate  shall
specifically  indicate  that the authority granting such certificate has
considered the bearing, if any, the criminal  offense  or  offenses  for

S. 4873--A                         11

which  the  person was convicted will have on the applicant's fitness or
ability to operate a bus transporting school children, prior to granting
such a certificate; or
  (iii)  has  been  convicted  of  an offense listed in paragraph (b) of
subdivision four of this section that was committed on or after  Septem-
ber fifteenth, nineteen hundred eighty-five. However, such disqualifica-
tion  shall  be  waived  provided that five years have expired since the
applicant discharged or released from a sentence of imprisonment imposed
pursuant to conviction of  an  offense  that  requires  disqualification
under  this  paragraph  and that the applicant shall have been granted a
certificate of relief from disabilities or a certificate of good conduct
pursuant to article twenty-three  of  the  correction  law.    When  the
certificate is issued by a court for a conviction which occurred in this
state,  it  shall  only  be issued by the court having jurisdiction over
such conviction. Such certificate shall specifically indicate  that  the
authority  granting such certificate has considered the bearing, if any,
the criminal offense or offenses for which the person was convicted will
have on the applicant's fitness or ability to operate a bus transporting
school children, prior to granting such a certificate. Provided,  howev-
er,  that  at  the  discretion  of  the commissioner, the certificate of
relief from disabilities may remove disqualification at any time; or
  (b)] for a period of five years from the date of last conviction spec-
ified herein, if that person
  (i) [has been convicted within the preceding five years of an  offense
listed  in  paragraph  (c)  of subdivision four of this section that was
committed on or after September fifteenth, nineteen hundred eighty-five.
However, such disqualification shall be waived provided that the  appli-
cant  has  been  granted  a certificate of relief from disabilities or a
certificate of good conduct pursuant  to  article  twenty-three  of  the
correction  law.  When  the  certificate  is  issued  by  a  court for a
conviction which occurred in this state, it shall only be issued by  the
court  having  jurisdiction over such conviction. Such certificate shall
specifically indicate that the authority granting such  certificate  has
considered  the  bearing,  if  any, the criminal offense or offenses for
which the person was convicted will have on the applicant's  fitness  or
ability to operate a bus transporting school children, prior to granting
such a certificate;
  (ii)]  has  been  convicted of any violation of section eleven hundred
ninety-two of this chapter or an offense committed  outside  this  state
which  would constitute a violation of section eleven hundred ninety-two
of this chapter, and the offense was  committed  while  the  driver  was
driving  a bus in the employ of a motor carrier or in the furtherance of
a commercial enterprise in interstate, intrastate or foreign commerce;
  [(iii)] (II) has been twice convicted of a violation of  any  subdivi-
sion  of  section  eleven hundred ninety-two of this chapter or offenses
committed outside this state  which  would  constitute  a  violation  of
section  eleven hundred ninety-two of this chapter, committed within the
preceding five year period;
  [(iv)] (III) has been twice convicted of a violation of  any  subdivi-
sion of section eleven hundred ninety-two of this chapter, or an offense
committed  outside  of  this state which would constitute a violation of
any subdivision of section [one thousand one] ELEVEN hundred  ninety-two
of  this  chapter,  committed within any ten year period after September
fifteenth, nineteen hundred eighty-five; or
  [(v)] (IV) has been convicted of leaving  the  scene  of  an  accident
which  resulted in personal injury or death under section six hundred of

S. 4873--A                         12

this chapter or an offense committed outside of this state  which  would
constitute a violation of section six hundred of this chapter.
  [(c)] (B) for a period of five years from the date of last conviction,
if that person has been convicted of a violation of subdivision three of
section  five hundred eleven of this [chapter] TITLE on or after Septem-
ber fifteenth, nineteen hundred eighty-five;
  [(d)] (C) for a period of one year, if  that  person  has  accumulated
nine  or more points on his or her driving record for acts that occurred
during an eighteen month period on or after September  fifteenth,  nine-
teen  hundred  eighty-five, provided, however, that the disqualification
shall terminate if the person has reduced the points to less  than  nine
through the successful completion of a motor vehicle accident prevention
course.
  [(e)] (D) for a period of one year, if that person [or] was the opera-
tor of a motor vehicle involved in two or more accidents of a nature and
type  set  forth  in  section five hundred nine-a of this article, where
such accidents occurred within  an  eighteen-month  period  following  a
reexamination conducted pursuant to section five hundred nine-bb of this
article,  provided  that  accidents  in  which the driver was completely
without fault shall not be included in determining whether such disqual-
ification is required;
  [(f)] (E) for a period of one year, if that person  fails  to  pass  a
road  test administered pursuant to section five hundred nine-bb of this
article; provided, however, that such person shall be given the opportu-
nity to complete a motor vehicle accident prevention course approved  by
the  commissioner  and  to  then undergo a second road test administered
pursuant to section five hundred  nine-bb  of  this  article,  and  such
disqualification  shall  cease  if  such  person passes such second road
test.
  [(g)] (F) for the period that such  person's  license  is  revoked  or
suspended  for violating section eleven hundred ninety-two of this chap-
ter or an offense committed outside of this state which would constitute
a violation of section eleven hundred ninety-two of this  chapter.  Such
disqualification shall be for not less than six months.
  (2)  [All  other school bus drivers who are not subject to subdivision
one of this section shall  be  disqualified  from  operating  a  bus  as
follows:
  (a) permanently, if that person has been convicted of an offense list-
ed  in  paragraph (a) of subdivision four of this section. However, such
disqualification may be waived by the commissioner  provided  that  five
years have expired since the applicant was discharged or released from a
sentence  of  imprisonment  imposed pursuant to conviction of an offense
that requires disqualification under this paragraph and that the  appli-
cant  shall  have been granted a certificate of relief from disabilities
or a certificate of good conduct pursuant to article twenty-three of the
correction law. When  the  certificate  is  issued  by  a  court  for  a
conviction  which occurred in this state, it shall only be issued by the
court having jurisdiction over such conviction. Such  certificate  shall
specifically  indicate  that the authority granting such certificate has
considered the bearing, if any, the criminal  offense  or  offenses  for
which  the  person was convicted will have on the applicant's fitness or
ability to operate a bus transporting school children to the applicant's
prospective employment, prior to granting such a certificate.
  (b) permanently, if that person has been convicted of an offense list-
ed in paragraph (b) of subdivision four of this section.  However,  such
disqualification  shall  be waived provided that five years have expired

S. 4873--A                         13

since the applicant was incarcerated pursuant to a sentence of imprison-
ment imposed on conviction of an offense that requires  disqualification
under  this  paragraph  and that the applicant shall have been granted a
certificate of relief from disabilities or a certificate of good conduct
pursuant  to  article  twenty-three  of  the  correction law.   When the
certificate is issued by a court for a conviction which occurred in this
state, it shall only be issued by the  court  having  jurisdiction  over
such  conviction.  Such certificate shall specifically indicate that the
authority granting such certificate has considered the bearing, if  any,
the criminal offense or offenses for which the person was convicted will
have on the applicant's fitness or ability to operate a bus transporting
school  children, prior to granting such a certificate. Provided, howev-
er, that at the discretion of the commissioner the certificate of relief
from disabilities or a certificate of good conduct pursuant  to  article
twenty-three  of  the  correction law may remove disqualification at any
time.
  (c) for a period of five years from the date of last conviction speci-
fied herein, if that person
  (i) has been convicted within the preceding five years of  an  offense
listed  in  paragraph  (c) of subdivision four of this section. However,
notwithstanding the provisions of subdivision  three  of  section  seven
hundred one of the correction law. Such disqualification shall be waived
provided  that  the  applicant  has been granted a certificate of relief
from disabilities or a certificate of good conduct pursuant  to  article
twenty-three  of the correction law. When the certificate is issued by a
court for a conviction which occurred in this state, it  shall  only  be
issued  by  the  court  having  jurisdiction  over such conviction. Such
certificate shall specifically indicate that the authority granting such
certificate has considered the bearing, if any, the criminal offense  or
offenses for which the person was convicted will have on the applicant's
fitness  or ability to operate a bus transporting school children, prior
to granting such a certificate.
  (ii) has been convicted of a violation of any subdivision  of  section
eleven  hundred  ninety-two  of  this  chapter  or  an offense committed
outside of this state which would  constitute  a  violation  of  section
eleven hundred ninety-two of this chapter, and the offense was committed
while  the  driver was driving a bus in the employ of a motor carrier or
in the furtherance of a commercial enterprise in interstate,  intrastate
or foreign commerce;
  (iii)  has  been  twice convicted of a violation of any subdivision of
section eleven hundred ninety-two of this chapter or an offense  commit-
ted outside of this state within any ten year period on or after Septem-
ber  fifteenth,  nineteen  hundred eighty-five, which would constitute a
violation of section eleven hundred ninety-two of this chapter; or
  (iv) has been convicted of leaving the  scene  of  an  accident  which
resulted  in  personal  injury or death under subdivision two of section
six hundred of this chapter or an  offense  committed  outside  of  this
state  which  would constitute a violation of subdivision two of section
six hundred of this chapter; or
  (v) has been convicted of a violation  of  section  120.04,  120.04-a,
125.13, 125.14 or 235.07 of the penal law.
  (d)  for  a  period of five years from the date of last conviction, if
that person has been convicted of a violation of  subdivision  three  of
section  five  hundred  eleven  of  this  chapter  on or after September
fifteenth, nineteen hundred eighty-five;

S. 4873--A                         14

  (e) for a period of one year, if that person accumulates nine or  more
points  on  his or her driving record for acts occurring during an eigh-
teen month period, provided, however, that  the  disqualification  shall
terminate if the person has reduced the points to less than nine through
the successful completion of a motor vehicle accident prevention course.
  (f)  for  a  period  of one year, if that person was the operator of a
motor vehicle involved in two or more accidents of a nature and type set
forth in section five hundred nine-a of this article, where  such  acci-
dents occurred within an eighteen-month period following a reexamination
conducted  pursuant  to  section  five  hundred nine-bb of this article,
provided that accidents in which the driver was completely without fault
shall not be included in determining whether  such  disqualification  is
required;
  (g) for a period of one year, if that person fails to pass a road test
administered  pursuant  to section five hundred nine-bb of this article;
provided, however, that such person shall be given  the  opportunity  to
complete  a  motor  vehicle  accident  prevention course approved by the
commissioner and to then undergo a second road test administered  pursu-
ant  to section five hundred nine-bb of this article, and such disquali-
fication shall cease if such person passes such second road test.
  (h) for the period that such person's license is revoked or  suspended
for  violating  section  eleven hundred ninety-two of this chapter or an
offense committed  outside  of  this  state  which  would  constitute  a
violation  of  section  eleven  hundred ninety-two of this chapter. Such
disqualification shall be for not less than six months.
  (3)] A person shall be disqualified from operating  a  school  bus  if
that person has had any license, permit, or privilege to operate a motor
vehicle suspended, revoked, withdrawn or denied and such license, permit
or  privilege  has  not been reinstated by the authority which took such
action. Provided, however, that the provisions of this subdivision shall
not apply to a person whose (i) license, permit or privilege to  operate
a  motor  vehicle  cannot  be reinstated because of non-residency in the
state in which the license was suspended, revoked, withdrawn  or  denied
or  (ii)  a  person holds a conditional driver's license or a restricted
use license issued by the commissioner pursuant  to  the  provisions  of
article twenty-one or twenty-one-A of this chapter, and is not disquali-
fied under any other provision of this article.
  [(4)  (a)  The  offenses referred to in subparagraph (ii) of paragraph
(a) of subdivision one and paragraph (a)  of  subdivision  two  of  this
section  that  result  in  permanent  disqualification  shall  include a
conviction  under  sections  125.12,  125.20,  125.25,  125.26,  125.27,
130.30,  130.35, 130.45, 130.50, 130.70, 135.25, 150.20 of the penal law
or an attempt to commit any of  the  aforesaid  offenses  under  section
110.00  of  the  penal  law,  or  any  offenses committed under a former
section of the penal law which would constitute violations of the afore-
said sections of the penal law, or any offenses committed  outside  this
state which would constitute violations of the aforesaid sections of the
penal law.
  (b)  The offenses referred to in subparagraph (ii) of paragraph (a) of
subdivision one and paragraph (b) of subdivision  two  of  this  section
that  result  in  permanent  disqualification shall include a conviction
under sections 100.13, 105.15, 105.17, 115.08, 125.10,  125.15,  130.40,
130.60,  130.65, 135.20, 160.15, 220.18, 220.21, 220.39, 220.41, 220.43,
260.00, 263.05, 263.10, 263.15, 265.04 of the penal law or an attempt to
commit any of the aforesaid offenses under section 110.00 of  the  penal
law,  or  any offenses committed under a former section of the penal law

S. 4873--A                         15

which would constitute violations of the aforesaid sections of the penal
law, or any offenses committed outside this state which would constitute
violations of the aforesaid sections of the penal law.
  (c)  The  offenses referred to in subparagraph (i) of paragraph (b) of
subdivision one and subparagraph (i) of paragraph (c) of subdivision two
of this section that result in disqualification for  a  period  of  five
years  shall include a conviction under sections 100.10, 105.13, 115.05,
120.03,  120.04,  120.04-a,  120.05,  120.10,  120.25,  121.12,  121.13,
125.13,  125.14, 125.40, 125.45, 130.20, 130.25, 130.55, 135.10, 135.55,
140.17, 140.25, 140.30, 145.12, 150.10, 150.15, 160.05, 160.10,  220.06,
220.09,  220.16, 220.31, 220.34, 220.60, 221.30, 221.50, 221.55, 230.00,
230.05, 230.06, 230.20, 230.25, 230.30, 230.32, 235.05, 235.06,  235.07,
235.21,  240.06,  245.00,  260.10, subdivision two of section 260.20 and
sections 260.25, 265.02, 265.03, 265.08, 265.09, 265.10, 265.12,  265.35
of  the  penal law or an attempt to commit any of the aforesaid offenses
under section 110.00 of the penal law, or any similar offenses committed
under a former section of the penal law, or any offenses committed under
a former section of the penal law which would constitute  violations  of
the  aforesaid  sections  of  the  penal  law, or any offenses committed
outside this state which would constitute violations  of  the  aforesaid
sections of the penal law.
  (5)  As  a part of such determination concerning whether an individual
is disqualified from operating a school bus pursuant  to  this  section,
the  department  shall submit a prospective driver's fingerprints to the
division of criminal justice  services  for  a  state  criminal  history
record  check,  as  defined in subdivision one of section three thousand
thirty-five of the education law, and may submit  such  fingerprints  to
the  federal  bureau  of  investigation  for a national criminal history
record check.] (3) THE DEPARTMENT SHALL SUBMIT TO THE DIVISION OF CRIMI-
NAL JUSTICE SERVICES TWO SETS OF FINGERPRINTS OF A PROSPECTIVE DRIVER OF
A SCHOOL BUS AS DEFINED IN SECTION ONE HUNDRED FORTY-TWO OF  THIS  CHAP-
TER,  AND  THE  DIVISION  OF  CRIMINAL  JUSTICE  SERVICES PROCESSING FEE
IMPOSED PURSUANT TO SUBDIVISION EIGHT-A OF SECTION EIGHT  HUNDRED  THIR-
TY-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 DEPARTMENT 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.  THE PROVISION OF SUCH INFORMATION BY THE DIVI-
SION OF CRIMINAL JUSTICE SERVICES SHALL BE SUBJECT TO THE PROVISIONS  OF
SUBDIVISION  SIXTEEN  OF SECTION TWO HUNDRED NINETY-SIX OF THE EXECUTIVE
LAW. THE CONSIDERATION OF SUCH CRIMINAL HISTORY RECORD BY THE DEPARTMENT
SHALL BE SUBJECT TO ARTICLE TWENTY-THREE-A OF THE CORRECTION LAW.
  (4) AFTER RECEIPT OF A CRIMINAL HISTORY RECORD FROM  THE  DIVISION  OF
CRIMINAL  JUSTICE  SERVICES  AND THE FEDERAL BUREAU OF INVESTIGATION THE
DEPARTMENT SHALL PROMPTLY NOTIFY THE APPROPRIATE MOTOR  CARRIER  WHETHER
THE  PROSPECTIVE SCHOOL BUS DRIVER TO WHICH THE REPORT RELATES IS QUALI-
FIED OR DISQUALIFIED FOR EMPLOYMENT  BASED  UPON  HIS  OR  HER  CRIMINAL
HISTORY.  ALL  DETERMINATIONS  TO GRANT OR DENY 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.  WHEN  THE  DEPARTMENT
DENIES  A  PROSPECTIVE  SCHOOL BUS DRIVER CLEARANCE FOR EMPLOYMENT, SUCH
PROSPECTIVE SCHOOL BUS DRIVER SHALL BE AFFORDED NOTICE AND THE RIGHT  TO

S. 4873--A                         16

BE  HEARD AND OFFER PROOF IN OPPOSITION TO SUCH DETERMINATION IN ACCORD-
ANCE WITH THE REGULATIONS OF THE DEPARTMENT AND PARAGRAPH (B) OF  SUBDI-
VISION TWO OF SECTION FIVE HUNDRED NINE-D OF THIS ARTICLE.
  (5)  THE COMMISSIONER SHALL CONSULT WITH THE COMMISSIONER OF EDUCATION
TO DEVELOP PROCEDURES FOR THE APPLICATION OF THE DISQUALIFICATION CRITE-
RIA SET FORTH IN THIS SECTION.
  S 24. Subdivision 2 of section 509-d of the vehicle and  traffic  law,
as added by chapter 675 of the laws of 1985 and paragraph (a) as amended
by chapter 164 of the laws of 2003, is amended to read as follows:
  (2)  Investigations  and inquiries of drivers of school buses; mainte-
nance of file; availability to subsequent employer. (a) A motor  carrier
shall request the department to initiate a criminal history RECORD check
for  persons  employed  as drivers of school buses, as defined in [para-
graph (a) of subdivision one of] section [five hundred  nine-a  of  this
chapter,  on  September fourteenth, nineteen hundred eighty-five by such
motor carrier,] ONE HUNDRED FORTY-TWO OF THIS ARTICLE in accordance with
[regulations of the commissioner by requiring such] THE REQUIREMENTS  OF
SUBDIVISION  TWO  OF  SECTION FIVE HUNDRED NINE-CC OF THIS ARTICLE WHICH
REQUIRES school bus drivers to submit  to  the  mandated  fingerprinting
procedure.  The department of motor vehicles at the request of the motor
carrier shall initiate a criminal history check    PURSUANT  TO  SECTION
FIVE  HUNDRED  NINE-CC OF THIS ARTICLE of all current school bus drivers
of such motor carrier [as well as those  hired  on  or  after  September
fifteenth,  nineteen  hundred  eighty-five by requiring such drivers and
applicants to submit to the mandated fingerprinting procedure as part of
the school  bus  driver  qualification  procedure.  Such  fingerprinting
procedure  and  the  related  fee  as well as a procedure].  A PROCEDURE
SHALL BE ESTABLISHED for the return of such fingerprints  upon  applica-
tion  of  a  person who has terminated employment as a school bus driver
[shall be established] in accordance with regulations of the commission-
er in consultation with the commissioner of  the  division  of  criminal
justice  services. [The fee to be paid by or on behalf of the school bus
driver or applicant shall be no more than five dollars over the cost  to
the  commissioner  for  the  criminal history check.] No cause of action
against the department, the division of  criminal  justice  services,  a
motor  carrier  or  political  subdivision  for  damages  related to the
dissemination of criminal history records pursuant to this section shall
exist when such department, division, motor carrier or political  subdi-
vision  has  reasonably  and  in good faith relied upon the accuracy and
completeness of criminal history information furnished to it  by  quali-
fied  agencies.  [Fingerprints  submitted  to  the  division of criminal
justice services pursuant to this subdivision may also be  submitted  to
the  federal  bureau  of  investigation  for a national criminal history
record check.]
  (b) After a motor carrier has completed the procedures  set  forth  in
paragraph  (a)  OF  this  [of]  subdivision, it shall designate each new
school bus driver as a conditional  school  bus  driver  as  defined  in
section  five  hundred  nine-h  of this article, until the carrier is in
receipt of information of the new school bus driver's qualification from
the department and the required driving records  from  each  appropriate
state  agency.  If  the  information  received indicates that there is a
pending  criminal  offense  or  driving  violation  that  would  require
disqualification  of  a  school bus driver under this article, the motor
carrier shall require the applicant to provide documentation  evidencing
the  disposition  of  such offense or violation in accordance with regu-
lations established by the commissioner. The department, upon notice  of

S. 4873--A                         17

disqualification  to an applicant, shall include in such notice informa-
tion regarding the applicant's right to appeal and contest  any  claimed
ground for disqualification. Such notice shall also advise the applicant
of his or her right to obtain, examine, inspect and copy any information
used  by the department in support of its determination of disqualifica-
tion. In the event the applicant contests the existence  of  a  criminal
conviction  in his or her name, such applicant may provide documentation
evidencing the disposition of such offense or  violation  in  accordance
with regulations established by the commissioner.
  S  25. Subdivision 2 of section 1229-d of the vehicle and traffic law,
as amended by chapter 164 of the laws of 2003, is  amended  to  read  as
follows:
  (2) Screening of applicants for position of school bus attendant (a) a
school  district,  [pursuant to a policy statement or resolution adopted
by such district, may review the qualifications of]  CHARTER  SCHOOL  OR
BOARD OF COOPERATIVE EDUCATIONAL SERVICES SHALL, FOR every applicant for
the  position  of  school  bus  attendant on school buses operated by or
under contract to the district [and determine at its discretion  whether
the  applicant  is suitable for qualification. In such cases, applicants
may be made the subject of a criminal history check. Upon receipt of the
fingerprints forwarded to them by such school district, the division  of
criminal  justice  services  shall  forward  to such school district the
criminal history review. A fee not to exceed the cost for  the  criminal
history  review  shall  be  charged  by the division of criminal justice
services. Such fingerprints also may be submitted to the federal  bureau
of investigation for a national criminal history record check.
  (b)  In  determining  the  qualifications  of school bus attendants, a
school district may use  the  criteria  listed  in  subdivision  two  of
section  five  hundred  nine-cc  of  this  chapter  relative to criminal
convictions], REQUIRE A CRIMINAL  HISTORY  REVIEW  PURSUANT  TO  SECTION
THREE THOUSAND THIRTY-FIVE OF THE EDUCATION LAW.
  [(c)]  (B)  All  inquiries  made,  and  the use of any criminal record
obtained, pursuant to this section shall be in accordance  with  section
two  hundred ninety-six of the executive law. In addition, the secondary
dissemination of such information shall be limited to  other  authorized
agencies, by express agreement between the school district and the divi-
sion  of criminal justice services, or as authorized pursuant to federal
law, and rules and regulations. No cause of action  against  the  school
district or division of criminal justice services for damages related to
the  dissemination  of criminal history records pursuant to this section
shall exist when the school district or  division  of  criminal  justice
services  has  reasonably and in good faith relied upon the accuracy and
completeness of criminal history information furnished to it  by  quali-
fied agencies.
  S  26. This act shall take effect July 1, 2012; provided, however that
section fourteen of this act shall take  effect  immediately;  provided,
further  that  the  amendments to sections 1604, 1709, 1804, 1950, 2503,
2554 and 2854 of the education law, made by  sections  two,  four,  six,
eight, ten, twelve and fifteen of this act shall be subject to the expi-
ration  and reversion of such provisions pursuant to section 12 of chap-
ter 147 of the laws of  2001,  as  amended,  when  upon  such  date  the
provisions  of  sections  three, five, seven, nine, eleven, thirteen and
sixteen of this act shall take effect.

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