senate Bill S4492A

Relates to the fingerprinting of applicants for employment at school districts

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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

  • 03 / Apr / 2013
    • REFERRED TO EDUCATION
  • 25 / Apr / 2013
    • AMEND AND RECOMMIT TO EDUCATION
  • 25 / Apr / 2013
    • PRINT NUMBER 4492A
  • 30 / Apr / 2013
    • 1ST REPORT CAL.457
  • 01 / May / 2013
    • 2ND REPORT CAL.
  • 06 / May / 2013
    • ADVANCED TO THIRD READING
  • 20 / Jun / 2013
    • PASSED SENATE
  • 20 / Jun / 2013
    • DELIVERED TO ASSEMBLY
  • 20 / Jun / 2013
    • REFERRED TO EDUCATION
  • 08 / Jan / 2014
    • DIED IN ASSEMBLY
  • 08 / Jan / 2014
    • RETURNED TO SENATE
  • 08 / Jan / 2014
    • REFERRED TO EDUCATION
  • 11 / Jun / 2014
    • COMMITTEE DISCHARGED AND COMMITTED TO RULES
  • 11 / Jun / 2014
    • ORDERED TO THIRD READING CAL.1326
  • 20 / Jun / 2014
    • RECOMMITTED TO RULES

Summary

Relates to the fingerprinting of applicants for employment at school districts.

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Bill Details

Versions:
S4492
S4492A
Legislative Cycle:
2013-2014
Current Committee:
Senate Rules
Law Section:
Education Law
Laws Affected:
Amd Ed L, generally

Sponsor Memo

BILL NUMBER:S4492A

TITLE OF BILL: An act to amend the education law, in relation to the
fingerprinting of applicants as school district employees

PURPOSE: To ensure the integrity of criminal background checks of
prospective school district employees who are required to be finger-
printed before being hired

SUMMARY OF PROVISIONS:

Section 1 amends paragraph (a) of subdivision 30 of section 305 of the
education law to require the fingerprinting of prospective employees
using electronic scanning technology, by authorized personnel at desig-
nated fingerprinting entities approved by the State Education Depart-
ment. Such fingerprinting processes shall require additional identity
verification and individual accountability by the applicant and author-
ized personnel to ensure the validity of the criminal background check
process. This section also requires the records to be retained as busi-
ness records for the duration of the individual's employment.

Section 2 amends subparagraph (i) of paragraph (b) of subdivision 30 of
section 305 of the education law to omit the reference to "fingerprint
cards" and instead specify that "fingerprints will be taken and used".

Section 3 amends paragraph (a) of subdivision 39 of section 1604 of the
education law to require the fingerprinting of prospective employees
using electronic scanning technology, by authorized personnel at desig-
nated fingerprinting entities approved by the State Education Depart-
ment. Such fingerprinting processes shall require additional identity
verification to ensure the validity of the background check process.
This section also requires the records to be retained as business
records for the duration of the individual's employment.

Section 4 amends paragraph (a) of subdivision 39 of section 1709 of the
education law to require the fingerprinting of prospective employees
using electronic scanning technology, by authorized personnel at desig-
nated fingerprinting entities approved by the State Education Depart-
ment, Such fingerprinting processes shall require additional identity
verification to ensure the validity of the background check process.
This section also requires the records to be retained as business
records for the duration of the individual's employment.

Section 5 amends paragraph (a) of subdivision 9 of section 1804 of the
education law to require the fingerprinting of prospective employees
using electronic scanning technology, by authorized personnel at desig-
nated fingerprinting entities approved by the State Education Depart-
ment. Such fingerprinting processes shall require additional identity
verification to ensure the validity of the background check process.
This section also requires the records to be retained as business
records for the duration of the individual's employment.

Section 6 amends subparagraph (a) of paragraph 11 of subdivision 4 of
section 1950 of the education law to require the fingerprinting of
prospective employees using electronic scanning technology, by author-
ized personnel at designated fingerprinting entities approved by the
State Education Department. Such fingerprinting processes shall require
additional identity verification to ensure the validity of the back-
ground check process. This section also requires the records to be
retained as business records for the duration of the individual's
employment.

Section 7 amends paragraph (a) of subdivision 18 of section 2503 of the
education law to require the fingerprinting of prospective employees
using electronic scanning technology, by authorized personnel at desig-
nated fingerprinting entities approved by the State Education Department
Such fingerprinting processes shall require additional identity verifi-
cation to ensure the validity of the background check process. This
section also requires the records to be retained as business records for
the duration of the individual's employment.

Section 8 amends paragraph (a) of subdivision 25 of section 2554 of the
education law to require the fingerprinting of prospective employees
using electronic scanning technology, by authorized personnel at desig-
nated fingerprinting entities approved by the State Education Depart-
ment. Such fingerprinting processes shall require additional identity
verification to ensure the validity of the background check process.
This section also requires the records to be retained as business
records for the duration of the individual's employment.

Section 9 amends subparagraph (i) of paragraph a-2 of subdivision 3 of
section 2854 of the education law to require the fingerprinting of
prospective employees using electronic scanning technology, by author-
ized personnel at designated fingerprinting entities approved by the
State Education Department. Such fingerprinting processes shall require
additional identity verification to ensure the validity of the back-
ground check process. This section also requires the records to be
retained as business records for the duration of the individual's
employment.

Section 10 amends subdivision (1) of section 3004-b of the education law
to require the fingerprinting of applicants for certification using
electronic scanning technology, by authorized personnel at designated
fingerprinting entities approved by the State Education Department. Such
fingerprinting processes shall require additional identity verification
to ensure the validity of the background check process. This section
also requires the records to be retained as business records for the
duration of the individual's employment.

Section 11 amends subdivision 4 of section 1950 of the education law by
adding a new paragraph oo which expands BOCES authority to conduct fing-
erprinting for prospective employees of non-component districts.

Section 12 sets forth an immediate effective date.

JUSTIFICATION: The need for this legislation arose out of a recent
incident involving a Long Island middle school principal who allegedly
had sex with a minor As news reports unfolded regarding the disturbing
allegations, additional information revealed the principal had two crim-
inal convictions that existed prior to his employment with the district
in 2004. Surprisingly, the two convictions: one for grand larceny (a
felony) and the other, petit larceny (a misdemeanor), were not discov-
ered despite a mandatory criminal background check that was conducted
using the fingerprints submitted as part of his application. State
Education officials concluded that the principal managed to submit a
false a set of fingerprints.

Upon a review of state statutes and regulations, it was discovered that
there is no standard protocol for verifying the identities of prospec-
tive school district employees at the time they are fingerprinted for
the purpose of conducting a criminal background check, This gap in the
law is both troubling and unacceptable. The purpose of fingerprinting
prospective employees and applicants for certification, and, conducting
criminal background checks is to give an employer and the public a sense
of security, particularly when the prospective employee will have direct
contact with school-aged children. Without a prescribed protocol to
verify the identity of a prospective school district employee at the
time his or her fingerprints are taken, the information obtained by a
criminal background check has the potential to be inaccurate and unreli-
able, thereby placing our children at risk.

This bill will provide a clear, consistent and thorough process for
verifying identities of prospective school district employees at the
time of being fingerprinted. In addition, it will hold the prospective
employee accountable by requiring them to certify to the truthfulness of
the information they provide on the paperwork submitted to the Education
Department. It is a preferred practice to have the Education Department
retain such data and paperwork as business records for the duration of
the individual's employment.

Our number one priority remains the safety of our precious children.

LEGISLATIVE HISTORY: New bill

FISCAL IMPLICATIONS: None

EFFECTIVE DATE: Immediately

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

                                 4492--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              April 3, 2013
                               ___________

Introduced  by  Sens.  FLANAGAN,  FUSCHILLO, BOYLE, DeFRANCISCO, FELDER,
  LARKIN, LAVALLE, MARTINS, MAZIARZ, YOUNG, ZELDIN  --  read  twice  and
  ordered  printed, and when printed to be committed to the Committee on
  Education -- committee discharged, bill amended, ordered reprinted  as
  amended and recommitted to said committee

AN  ACT to amend the education law, in relation to the fingerprinting of
  applicants as school district employees

  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
and  any  other information that may be relevant to consideration of the
applicant.  PROSPECTIVE EMPLOYEES SHALL BE FINGERPRINTED USING ELECTRON-
IC SCANNING TECHNOLOGY BY AUTHORIZED  PERSONNEL  AT  DESIGNATED  FINGER-
PRINTING  ENTITIES  APPROVED  BY THE DEPARTMENT. PRIOR TO INITIATING THE
FINGERPRINTING PROCESS AND IN THE PRESENCE OF  AUTHORIZED  PERSONNEL,  A

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10119-06-3

S. 4492--A                          2

PROSPECTIVE  EMPLOYEE  SHALL  SIGN  A  SWORN  STATEMENT  PREPARED BY THE
DEPARTMENT VERIFYING THE PROSPECTIVE EMPLOYEE'S IDENTITY  AND  ATTESTING
TO  THE TRUTHFULNESS OF THE INFORMATION CONTAINED THEREIN. SUCH LANGUAGE
SHALL  INCLUDE,  BUT  NOT BE LIMITED TO THE FOLLOWING: "I HEREBY CERTIFY
AND ATTEST THAT I AM THE PERSON I CLAIM TO BE, THAT THE INFORMATION  AND
STATEMENTS  MADE  ON  THIS FORM, INCLUDING MY APPLICATION FOR EMPLOYMENT
AND, ANY AND ALL FORMS AND PAPERS PREPARED BY ME IN CONJUNCTION WITH THE
EMPLOYMENT I AM SEEKING, ARE TRUE AND COMPLETE." THE PROSPECTIVE EMPLOY-
EE SHALL PRESENT TWO FORMS OF IDENTIFICATION, ONE OF WHICH SHALL  BE  AN
OFFICIAL  GOVERNMENT  ISSUED PHOTO IDENTIFICATION CAPABLE OF BEING VERI-
FIED. A PHOTOGRAPH OF THE PROSPECTIVE EMPLOYEE SHALL BE TAKEN BY AUTHOR-
IZED PERSONNEL AND AFFIXED TO THE PROSPECTIVE EMPLOYEE'S  SIGNED,  SWORN
STATEMENT.    UPON COMPLETION OF THE FINGERPRINTING PROCESS, THE AUTHOR-
IZED PERSONNEL SHALL  SIGN  AN  AFFIDAVIT  PREPARED  BY  THE  DEPARTMENT
ATTESTING  THAT  HE  OR SHE VERIFIED THE PHOTO IDENTIFICATION PRESENTED,
WITNESSED THE SIGNATURE AND PROCESSED  THE  FINGERPRINTS  IN  ACCORDANCE
WITH THIS CHAPTER AND THE RULES AND REGULATIONS OF THE DEPARTMENT. THESE
RECORDS  SHALL  BE  RETAINED  BY  THE  DEPARTMENT AS BUSINESS RECORDS AS
DEFINED IN SUBDIVISION TWO OF SECTION 175.00 OF THE PENAL  LAW  FOR  THE
DURATION  OF  THE  INDIVIDUAL'S  EMPLOYMENT. 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 pursu-
ant 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.
  S 2. Subparagraph (i) of paragraph (b) 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:
  (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] FINGERPRINTS will be TAKEN AND used upon submission to the  divi-
sion of criminal justice services;
  S  3.  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.    PROSPECTIVE
EMPLOYEES SHALL BE FINGERPRINTED USING ELECTRONIC SCANNING TECHNOLOGY BY
AUTHORIZED  PERSONNEL  AT DESIGNATED FINGERPRINTING ENTITIES APPROVED BY

S. 4492--A                          3

THE DEPARTMENT. PRIOR TO INITIATING THE FINGERPRINTING  PROCESS  AND  IN
THE  PRESENCE OF AUTHORIZED PERSONNEL, A PROSPECTIVE EMPLOYEE SHALL SIGN
A SWORN STATEMENT PREPARED BY THE DEPARTMENT VERIFYING  THE  PROSPECTIVE
EMPLOYEE'S IDENTITY AND ATTESTING TO THE TRUTHFULNESS OF THE INFORMATION
CONTAINED  THEREIN.  SUCH  LANGUAGE SHALL INCLUDE, BUT NOT BE LIMITED TO
THE FOLLOWING: "I HEREBY CERTIFY AND ATTEST THAT I AM THE PERSON I CLAIM
TO BE, THAT THE INFORMATION AND STATEMENTS MADE ON THIS FORM,  INCLUDING
MY APPLICATION FOR EMPLOYMENT AND, ANY AND ALL FORMS AND PAPERS PREPARED
BY  ME  IN  CONJUNCTION  WITH  THE EMPLOYMENT I AM SEEKING, ARE TRUE AND
COMPLETE." THE PROSPECTIVE EMPLOYEE SHALL PRESENT TWO FORMS OF IDENTIFI-
CATION, ONE OF WHICH SHALL BE AN OFFICIAL GOVERNMENT ISSUED PHOTO  IDEN-
TIFICATION  CAPABLE  OF  BEING VERIFIED. A PHOTOGRAPH OF THE PROSPECTIVE
EMPLOYEE SHALL BE TAKEN BY  AUTHORIZED  PERSONNEL  AND  AFFIXED  TO  THE
PROSPECTIVE  EMPLOYEE'S  SIGNED, SWORN STATEMENT. UPON COMPLETION OF THE
FINGERPRINTING PROCESS, THE AUTHORIZED PERSONNEL SHALL SIGN AN AFFIDAVIT
PREPARED BY THE DEPARTMENT ATTESTING THAT HE OR SHE VERIFIED  THE  PHOTO
IDENTIFICATION  PRESENTED,  WITNESSED  THE  SIGNATURE  AND PROCESSED THE
FINGERPRINTS IN ACCORDANCE WITH THIS CHAPTER AND  THE  RULES  AND  REGU-
LATIONS  OF  THE  DEPARTMENT.  THESE  RECORDS  SHALL  BE RETAINED BY THE
DEPARTMENT AS BUSINESS RECORDS AS DEFINED IN SUBDIVISION TWO OF  SECTION
175.00 OF THE PENAL LAW FOR THE DURATION OF THE INDIVIDUAL'S EMPLOYMENT.
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.    PROSPECTIVE
EMPLOYEES SHALL BE FINGERPRINTED USING ELECTRONIC SCANNING TECHNOLOGY BY
AUTHORIZED  PERSONNEL  AT DESIGNATED FINGERPRINTING ENTITIES APPROVED BY
THE DEPARTMENT. PRIOR TO INITIATING THE FINGERPRINTING  PROCESS  AND  IN
THE  PRESENCE  OF  AUTHORIZED PERSONNEL, AN APPLICANT SHALL SIGN A SWORN
STATEMENT PREPARED BY THE DEPARTMENT VERIFYING THE APPLICANT'S  IDENTITY
AND  ATTESTING TO THE TRUTHFULNESS OF THE INFORMATION CONTAINED THEREIN.
SUCH LANGUAGE SHALL INCLUDE, BUT NOT BE LIMITED  TO  THE  FOLLOWING:  "I
HEREBY  CERTIFY  AND ATTEST THAT I AM THE PERSON I CLAIM TO BE, THAT THE
INFORMATION AND STATEMENTS MADE ON THIS FORM, INCLUDING  MY  APPLICATION
FOR  EMPLOYMENT  AND,  ANY  AND  ALL  FORMS AND PAPERS PREPARED BY ME IN
CONJUNCTION WITH THE EMPLOYMENT I AM SEEKING, ARE  TRUE  AND  COMPLETE."
THE  PROSPECTIVE EMPLOYEE SHALL PRESENT TWO FORMS OF IDENTIFICATION, ONE
OF WHICH SHALL BE AN OFFICIAL  GOVERNMENT  ISSUED  PHOTO  IDENTIFICATION
CAPABLE  OF BEING VERIFIED. A PHOTOGRAPH OF THE APPLICANT SHALL BE TAKEN
BY AUTHORIZED PERSONNEL AND AFFIXED TO  THE  APPLICANT'S  SIGNED,  SWORN
STATEMENT. UPON COMPLETION OF THE FINGERPRINTING PROCESS, THE AUTHORIZED
PERSONNEL  SHALL  SIGN AN AFFIDAVIT PREPARED BY THE DEPARTMENT ATTESTING
THAT HE OR SHE VERIFIED THE PHOTO  IDENTIFICATION  PRESENTED,  WITNESSED
THE  SIGNATURE  AND  PROCESSED  THE FINGERPRINTS IN ACCORDANCE WITH THIS

S. 4492--A                          4

CHAPTER AND THE RULES AND REGULATIONS OF THE DEPARTMENT.  THESE  RECORDS
SHALL  BE  RETAINED  BY THE DEPARTMENT AS BUSINESS RECORDS AS DEFINED IN
SUBDIVISION TWO OF SECTION 175.00 OF THE PENAL LAW FOR THE  DURATION  OF
THE INDIVIDUAL'S EMPLOYMENT. Every set of fingerprints taken pursuant to
this  subdivision  shall  be  promptly submitted to the commissioner for
purposes of clearance for employment.
  S 5. 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.
PROSPECTIVE  EMPLOYEES  SHALL BE FINGERPRINTED USING ELECTRONIC SCANNING
TECHNOLOGY BY AUTHORIZED PERSONNEL AT DESIGNATED FINGERPRINTING ENTITIES
APPROVED BY THE DEPARTMENT.   PRIOR  TO  INITIATING  THE  FINGERPRINTING
PROCESS  AND IN THE PRESENCE OF AUTHORIZED PERSONNEL, AN APPLICANT SHALL
SIGN A SWORN STATEMENT PREPARED BY THE DEPARTMENT VERIFYING  THE  APPLI-
CANT'S  IDENTITY  AND  ATTESTING  TO THE TRUTHFULNESS OF THE INFORMATION
CONTAINED THEREIN. SUCH LANGUAGE SHALL INCLUDE, BUT NOT  BE  LIMITED  TO
THE FOLLOWING: "I HEREBY CERTIFY AND ATTEST THAT I AM THE PERSON I CLAIM
TO  BE, THAT THE INFORMATION AND STATEMENTS MADE ON THIS FORM, INCLUDING
MY APPLICATION FOR EMPLOYMENT AND, ANY AND ALL FORMS AND PAPERS PREPARED
BY ME IN CONJUNCTION WITH THE EMPLOYMENT I  AM  SEEKING,  ARE  TRUE  AND
COMPLETE." THE PROSPECTIVE EMPLOYEE SHALL PRESENT TWO FORMS OF IDENTIFI-
CATION,  ONE OF WHICH SHALL BE AN OFFICIAL GOVERNMENT ISSUED PHOTO IDEN-
TIFICATION CAPABLE OF BEING VERIFIED.  A  PHOTOGRAPH  OF  THE  APPLICANT
SHALL  BE  TAKEN  BY AUTHORIZED PERSONNEL AND AFFIXED TO THE APPLICANT'S
SIGNED, SWORN STATEMENT. UPON COMPLETION OF THE FINGERPRINTING  PROCESS,
THE AUTHORIZED PERSONNEL SHALL SIGN AN AFFIDAVIT PREPARED BY THE DEPART-
MENT  ATTESTING  THAT  HE  OR  SHE  VERIFIED  THE  PHOTO  IDENTIFICATION
PRESENTED, WITNESSED THE SIGNATURE AND  PROCESSED  THE  FINGERPRINTS  IN
ACCORDANCE  WITH  THIS  CHAPTER  AND  THE  RULES  AND REGULATIONS OF THE
DEPARTMENT. THESE RECORDS SHALL BE RETAINED BY THE DEPARTMENT  AS  BUSI-
NESS  RECORDS  AS  DEFINED  IN  SUBDIVISION TWO OF SECTION 175.00 OF THE
PENAL LAW FOR THE DURATION OF THE INDIVIDUAL'S EMPLOYMENT. Every set  of
fingerprints  taken  pursuant  to  this  subdivision  shall  be promptly
submitted to the commissioner for purposes of clearance for employment.
  S 6. 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
section three hundred five of this chapter and shall obtain  the  appli-

S. 4492--A                          5

cant's  consent  to  the  criminal history records search.   PROSPECTIVE
EMPLOYEES SHALL BE FINGERPRINTED USING ELECTRONIC SCANNING TECHNOLOGY BY
AUTHORIZED PERSONNEL AT DESIGNATED FINGERPRINTING ENTITIES  APPROVED  BY
THE  DEPARTMENT.  PRIOR  TO INITIATING THE FINGERPRINTING PROCESS AND IN
THE PRESENCE OF AUTHORIZED PERSONNEL, AN APPLICANT SHALL  SIGN  A  SWORN
STATEMENT  PREPARED BY THE DEPARTMENT VERIFYING THE APPLICANT'S IDENTITY
AND ATTESTING TO THE TRUTHFULNESS OF THE INFORMATION CONTAINED  THEREIN.
SUCH  LANGUAGE  SHALL  INCLUDE,  BUT NOT BE LIMITED TO THE FOLLOWING: "I
HEREBY CERTIFY AND ATTEST THAT I AM THE PERSON I CLAIM TO BE,  THAT  THE
INFORMATION  AND  STATEMENTS MADE ON THIS FORM, INCLUDING MY APPLICATION
FOR EMPLOYMENT AND, ANY AND ALL FORMS  AND  PAPERS  PREPARED  BY  ME  IN
CONJUNCTION  WITH  THE  EMPLOYMENT I AM SEEKING, ARE TRUE AND COMPLETE."
THE PROSPECTIVE EMPLOYEE SHALL PRESENT TWO FORMS OF IDENTIFICATION,  ONE
OF  WHICH  SHALL  BE  AN OFFICIAL GOVERNMENT ISSUED PHOTO IDENTIFICATION
CAPABLE OF BEING VERIFIED. A PHOTOGRAPH OF THE APPLICANT SHALL BE  TAKEN
BY  AUTHORIZED  PERSONNEL  AND  AFFIXED TO THE APPLICANT'S SIGNED, SWORN
STATEMENT. UPON COMPLETION OF THE FINGERPRINTING PROCESS, THE AUTHORIZED
PERSONNEL SHALL SIGN AN AFFIDAVIT PREPARED BY THE  DEPARTMENT  ATTESTING
THAT  HE  OR  SHE VERIFIED THE PHOTO IDENTIFICATION PRESENTED, WITNESSED
THE SIGNATURE AND PROCESSED THE FINGERPRINTS  IN  ACCORDANCE  WITH  THIS
CHAPTER  AND  THE RULES AND REGULATIONS OF THE DEPARTMENT. THESE RECORDS
SHALL BE RETAINED BY THE DEPARTMENT AS BUSINESS RECORDS  AS  DEFINED  IN
SUBDIVISION  TWO  OF SECTION 175.00 OF THE PENAL LAW FOR THE DURATION OF
THE INDIVIDUAL'S EMPLOYMENT. Every set of fingerprints taken pursuant to
this paragraph shall be  promptly  submitted  to  the  commissioner  for
purposes of clearance for employment.
  S  7.  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.  PROSPECTIVE
EMPLOYEES SHALL BE FINGERPRINTED USING ELECTRONIC SCANNING TECHNOLOGY BY
AUTHORIZED  PERSONNEL  AT DESIGNATED FINGERPRINTING ENTITIES APPROVED BY
THE DEPARTMENT. PRIOR TO INITIATING THE FINGERPRINTING  PROCESS  AND  IN
THE  PRESENCE  OF  AUTHORIZED PERSONNEL, AN APPLICANT SHALL SIGN A SWORN
STATEMENT PREPARED BY THE DEPARTMENT VERIFYING THE APPLICANT'S  IDENTITY
AND  ATTESTING TO THE TRUTHFULNESS OF THE INFORMATION CONTAINED THEREIN.
SUCH LANGUAGE SHALL INCLUDE, BUT NOT BE LIMITED  TO  THE  FOLLOWING:  "I
HEREBY  CERTIFY  AND ATTEST THAT I AM THE PERSON I CLAIM TO BE, THAT THE
INFORMATION AND STATEMENTS MADE ON THIS FORM, INCLUDING  MY  APPLICATION
FOR  EMPLOYMENT  AND,  ANY  AND  ALL  FORMS AND PAPERS PREPARED BY ME IN
CONJUNCTION WITH THE EMPLOYMENT I AM SEEKING, ARE  TRUE  AND  COMPLETE."
THE  PROSPECTIVE EMPLOYEE SHALL PRESENT TWO FORMS OF IDENTIFICATION, ONE
OF WHICH SHALL BE AN OFFICIAL  GOVERNMENT  ISSUED  PHOTO  IDENTIFICATION
CAPABLE  OF BEING VERIFIED. A PHOTOGRAPH OF THE APPLICANT SHALL BE TAKEN
BY AUTHORIZED PERSONNEL AND AFFIXED TO  THE  APPLICANT'S  SIGNED,  SWORN
STATEMENT. UPON COMPLETION OF THE FINGERPRINTING PROCESS, THE AUTHORIZED
PERSONNEL  SHALL  SIGN AN AFFIDAVIT PREPARED BY THE DEPARTMENT ATTESTING

S. 4492--A                          6

THAT HE OR SHE VERIFIED THE PHOTO  IDENTIFICATION  PRESENTED,  WITNESSED
THE  SIGNATURE  AND  PROCESSED  THE FINGERPRINTS IN ACCORDANCE WITH THIS
CHAPTER AND THE RULES AND REGULATIONS OF THE DEPARTMENT.  THESE  RECORDS
SHALL  BE  RETAINED  BY THE DEPARTMENT AS BUSINESS RECORDS AS DEFINED IN
SUBDIVISION TWO OF SECTION 175.00 OF THE PENAL LAW FOR THE  DURATION  OF
THE INDIVIDUAL'S EMPLOYMENT. Every set of fingerprints taken pursuant to
this  subdivision  shall  be  promptly submitted to the commissioner for
purposes of clearance for employment.
  S 8. Paragraph a of subdivision 25 of section 2554  of  the  education
law, as amended by 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-
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.  PROSPECTIVE
EMPLOYEES SHALL BE FINGERPRINTED USING ELECTRONIC SCANNING TECHNOLOGY BY
AUTHORIZED  PERSONNEL  AT DESIGNATED FINGERPRINTING ENTITIES APPROVED BY
THE DEPARTMENT. PRIOR TO INITIATING THE FINGERPRINTING  PROCESS  AND  IN
THE  PRESENCE  OF  AUTHORIZED PERSONNEL, AN APPLICANT SHALL SIGN A SWORN
STATEMENT PREPARED BY THE DEPARTMENT VERIFYING THE APPLICANT'S  IDENTITY
AND  ATTESTING TO THE TRUTHFULNESS OF THE INFORMATION CONTAINED THEREIN.
SUCH LANGUAGE SHALL INCLUDE, BUT NOT BE LIMITED  TO  THE  FOLLOWING:  "I
HEREBY  CERTIFY  AND ATTEST THAT I AM THE PERSON I CLAIM TO BE, THAT THE
INFORMATION AND STATEMENTS MADE ON THIS FORM, INCLUDING  MY  APPLICATION
FOR  EMPLOYMENT  AND,  ANY  AND  ALL  FORMS AND PAPERS PREPARED BY ME IN
CONJUNCTION WITH THE EMPLOYMENT I AM SEEKING, ARE  TRUE  AND  COMPLETE."
THE  PROSPECTIVE EMPLOYEE SHALL PRESENT TWO FORMS OF IDENTIFICATION, ONE
OF WHICH SHALL BE AN OFFICIAL  GOVERNMENT  ISSUED  PHOTO  IDENTIFICATION
CAPABLE  OF BEING VERIFIED. A PHOTOGRAPH OF THE APPLICANT SHALL BE TAKEN
BY AUTHORIZED PERSONNEL AND AFFIXED TO  THE  APPLICANT'S  SIGNED,  SWORN
STATEMENT. UPON COMPLETION OF THE FINGERPRINTING PROCESS, THE AUTHORIZED
PERSONNEL  SHALL  SIGN AN AFFIDAVIT PREPARED BY THE DEPARTMENT ATTESTING
THAT HE OR SHE VERIFIED THE PHOTO  IDENTIFICATION  PRESENTED,  WITNESSED
THE  SIGNATURE  AND  PROCESSED  THE FINGERPRINTS IN ACCORDANCE WITH THIS
CHAPTER AND THE RULES AND REGULATIONS OF THE DEPARTMENT.  THESE  RECORDS
SHALL  BE  RETAINED  BY THE DEPARTMENT AS BUSINESS RECORDS AS DEFINED IN
SUBDIVISION TWO OF SECTION 175.00 OF THE PENAL LAW FOR THE  DURATION  OF
THE INDIVIDUAL'S EMPLOYMENT. Every set of fingerprints taken pursuant to
this  subdivision  shall  be  promptly submitted to the commissioner for
purposes of clearance for employment.
  S 9. 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

S. 4492--A                          7

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.  PROSPECTIVE  EMPLOYEES SHALL BE FINGERPRINTED
USING ELECTRONIC SCANNING TECHNOLOGY BY AUTHORIZED PERSONNEL  AT  DESIG-
NATED  FINGERPRINTING  ENTITIES  APPROVED  BY  THE  DEPARTMENT. PRIOR TO
INITIATING THE FINGERPRINTING PROCESS AND IN THE PRESENCE OF  AUTHORIZED
PERSONNEL,  AN  APPLICANT  SHALL  SIGN A SWORN STATEMENT PREPARED BY THE
DEPARTMENT VERIFYING THE  APPLICANT'S  IDENTITY  AND  ATTESTING  TO  THE
TRUTHFULNESS  OF  THE INFORMATION CONTAINED THEREIN. SUCH LANGUAGE SHALL
INCLUDE, BUT NOT BE LIMITED TO THE  FOLLOWING:  "I  HEREBY  CERTIFY  AND
ATTEST  THAT  I  AM  THE  PERSON I CLAIM TO BE, THAT THE INFORMATION AND
STATEMENTS MADE ON THIS FORM, INCLUDING MY  APPLICATION  FOR  EMPLOYMENT
AND, ANY AND ALL FORMS AND PAPERS PREPARED BY ME IN CONJUNCTION WITH THE
EMPLOYMENT I AM SEEKING, ARE TRUE AND COMPLETE." THE PROSPECTIVE EMPLOY-
EE  SHALL  PRESENT TWO FORMS OF IDENTIFICATION, ONE OF WHICH SHALL BE AN
OFFICIAL GOVERNMENT ISSUED PHOTO IDENTIFICATION CAPABLE OF  BEING  VERI-
FIED. A PHOTOGRAPH OF THE APPLICANT SHALL BE TAKEN BY AUTHORIZED PERSON-
NEL  AND  AFFIXED  TO  THE  APPLICANT'S  SIGNED,  SWORN  STATEMENT. UPON
COMPLETION OF THE FINGERPRINTING PROCESS, THE AUTHORIZED PERSONNEL SHALL
SIGN AN AFFIDAVIT PREPARED BY THE DEPARTMENT ATTESTING THAT  HE  OR  SHE
VERIFIED THE PHOTO IDENTIFICATION PRESENTED, WITNESSED THE SIGNATURE AND
PROCESSED THE FINGERPRINTS IN ACCORDANCE WITH THIS CHAPTER AND THE RULES
AND  REGULATIONS  OF  THE DEPARTMENT. THESE RECORDS SHALL BE RETAINED BY
THE DEPARTMENT AS BUSINESS RECORDS AS  DEFINED  IN  SUBDIVISION  TWO  OF
SECTION  175.00  OF  THE  PENAL LAW FOR THE DURATION OF THE INDIVIDUAL'S
EMPLOYMENT. Every set of fingerprints taken pursuant to  this  paragraph
shall  be  promptly submitted to the commissioner for purposes of clear-
ance for employment.
  S 10. Subdivision 1 of section 3004-b of the education law,  as  sepa-
rately  amended  by chapters 147 and 380 of the laws of 2001, is amended
to read as follows:
  1. Criminal history records search. Upon receipt of an application for
certification as a superintendent of schools, teacher, administrator  or
supervisor,  teaching  assistant  or school personnel required to hold a
teaching or administrative  license  or  certificate,  the  commissioner
shall,  subject to the rules and regulations of the division of criminal
justice services, initiate a criminal  history  records  search  of  the
person  making application, except that nothing in this section shall be
construed to require a criminal history record check  of  an  individual
who  holds a valid provisional certificate on the effective date of this
section and applies for permanent certification in the same  certificate
title,  or of an individual who applies for a temporary license to serve
in the city school district of the city of New York and has been cleared
for licensure and/or employment by such city school district pursuant to
subdivision twenty of section twenty-five hundred ninety-h of this chap-
ter. Prior to initiating the fingerprinting  process,  the  commissioner
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.   APPLICANTS SHALL BE FINGERPRINTED  USING  ELECTRONIC  SCANNING
TECHNOLOGY BY AUTHORIZED PERSONNEL AT DESIGNATED FINGERPRINTING ENTITIES
APPROVED BY THE DEPARTMENT. PRIOR TO INITIATING THE FINGERPRINTING PROC-
ESS AND IN THE PRESENCE OF AUTHORIZED PERSONNEL, AN APPLICANT SHALL SIGN
A  SWORN  STATEMENT PREPARED BY THE DEPARTMENT VERIFYING THE APPLICANT'S
IDENTITY AND ATTESTING TO THE TRUTHFULNESS OF THE INFORMATION  CONTAINED

S. 4492--A                          8

THEREIN.  SUCH LANGUAGE SHALL INCLUDE, BUT NOT BE LIMITED TO THE FOLLOW-
ING: "I HEREBY CERTIFY AND ATTEST THAT I AM THE PERSON I  CLAIM  TO  BE,
THAT  THE  INFORMATION  AND  STATEMENTS  MADE ON THIS FORM, INCLUDING MY
APPLICATION FOR EMPLOYMENT AND, ANY AND ALL FORMS AND PAPERS PREPARED BY
ME  IN  CONJUNCTION  WITH  THE  EMPLOYMENT  I  AM  SEEKING, ARE TRUE AND
COMPLETE." THE PROSPECTIVE EMPLOYEE SHALL PRESENT TWO FORMS OF IDENTIFI-
CATION, ONE OF WHICH SHALL BE AN OFFICIAL GOVERNMENT ISSUED PHOTO  IDEN-
TIFICATION  CAPABLE  OF  BEING  VERIFIED.  A PHOTOGRAPH OF THE APPLICANT
SHALL BE TAKEN BY AUTHORIZED PERSONNEL AND AFFIXED  TO  THE  APPLICANT'S
SIGNED,  SWORN STATEMENT. UPON COMPLETION OF THE FINGERPRINTING PROCESS,
THE AUTHORIZED PERSONNEL SHALL SIGN AN AFFIDAVIT PREPARED BY THE DEPART-
MENT  ATTESTING  THAT  HE  OR  SHE  VERIFIED  THE  PHOTO  IDENTIFICATION
PRESENTED,  WITNESSED  THE  SIGNATURE  AND PROCESSED THE FINGERPRINTS IN
ACCORDANCE WITH THIS CHAPTER  AND  THE  RULES  AND  REGULATIONS  OF  THE
DEPARTMENT.  THESE  RECORDS SHALL BE RETAINED BY THE DEPARTMENT AS BUSI-
NESS RECORDS AS DEFINED IN SUBDIVISION TWO  OF  SECTION  175.00  OF  THE
PENAL  LAW  FOR THE DURATION OF THE INDIVIDUAL'S EMPLOYMENT. The commis-
sioner shall obtain from each applicant two sets of fingerprints 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
commissioner  shall  promptly transmit such fingerprints and fees to the
division of criminal justice services for its  full  search  and  retain
processing.  The  division of criminal justice services is authorized to
submit the fingerprints and the appropriate fee to the federal bureau of
investigation for a national criminal history record check. 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. 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.  In
addition,  upon request from an applicant who has applied for employment
with the city school district of the city of New York, 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
applicant is employed by the city school district of  the  city  of  New
York, the division of criminal justice services shall have the authority
to  provide  subsequent  criminal  history notifications directly to the
city school district of the city of  New  York.  Upon  request  from  an
applicant  who  has already been cleared for licensure and/or employment
by the city school district  of  the  city  of  New  York,  such  school
district  shall  have the authority to forward a copy of the applicant's
criminal history record to the commissioner,  by  the  most  expeditious
means  available,  for  the  purposes of this section. Furthermore, upon
notification that such applicant has been  certified,  the  division  of
criminal justice services shall have the authority to provide subsequent
criminal  history  notifications  directly to the commissioner. All such
criminal history records processed and sent 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.  No cause of action against  the  department  or  the
division of criminal justice services for damages related to the dissem-
ination  of  criminal history records pursuant to this subdivision shall

S. 4492--A                          9

exist when the department 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  qualified  agencies.
The  provision of such criminal history record by the division of crimi-
nal justice services shall be subject to the provisions  of  subdivision
sixteen  of  section  two  hundred  ninety-six of the executive law. The
commissioner shall consider such criminal  history  record  pursuant  to
article twenty-three-A of the correction law.
  S 11. Subdivision 4 of section 1950 of the education law is amended by
adding a new paragraph oo to read as follows:
  OO.  TO PROCESS FINGERPRINTS TO BE UTILIZED IN CRIMINAL HISTORY RECORD
CHECKS FOR PROSPECTIVE EMPLOYEES OF NONPUBLIC ELEMENTARY  AND  SECONDARY
SCHOOLS  AND  CHARTER  SCHOOLS PURSUANT TO SUBDIVISION THIRTY OF SECTION
THREE HUNDRED FIVE OF THIS CHAPTER AND  TO  ENTER  CONTRACTS  WITH  SUCH
SCHOOLS  FOR  SUCH  PURPOSE,  AND  TO  PROCESS FINGERPRINTS FOR CRIMINAL
HISTORY RECORDS SEARCHES PURSUANT TO SECTION THREE THOUSAND  THIRTY-FIVE
OF  THIS CHAPTER FOR APPLICANTS FOR TEACHER CERTIFICATION AND FOR APPLI-
CANTS FOR A CHARTER AS A CHARTER SCHOOL PURSUANT TO SUBDIVISION FOUR  OF
SECTION  TWENTY-EIGHT  HUNDRED  FIFTY-TWO OF THIS TITLE. SUCH PROCESSING
SERVICES SHALL BE PROVIDED AT COST AND THE BOARD OF  COOPERATIVE  EDUCA-
TIONAL  SERVICES SHALL NOT BE AUTHORIZED TO CHARGE ANY COSTS INCURRED IN
PROVIDING SUCH SERVICES TO ITS COMPONENT SCHOOL DISTRICTS. THE BOARD  OF
COOPERATIVE  EDUCATIONAL SERVICES IS HEREBY AUTHORIZED TO DO AND PERFORM
ANY AND ALL ACTS NECESSARY OR CONVENIENT IN RELATION TO THE PROVISION OF
SUCH SERVICES.
  S 12. This act shall take effect immediately; provided, however,  that
the  amendments  made to subdivision 39 of section 1604 of the education
law by section three of this act, subdivision 39 of section 1709 of  the
education law by section four of this act, subdivision 9 of section 1804
of the education law by section five of this act, paragraph ll of subdi-
vision  4  of  section  1950 of the education law by section six of this
act, subdivision 18 of section 2503 of  the  education  law  by  section
seven  of  this act, subdivision 25 of section 2554 of the education law
by section eight of this  act,  paragraph  (a-2)  of  subdivision  3  of
section  2854  of  the  education  law  by section nine of this act, and
subdivision 1 of section 3004-b of the education law by section  ten  of
this  act, shall not affect the expirations of such paragraphs or subdi-
visions and shall expire and be deemed repealed therewith.

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