S T A T E O F N E W Y O R K
________________________________________________________________________
6656--B
2009-2010 Regular Sessions
I N A S S E M B L Y
March 11, 2009
___________
Introduced by M. of A. WEISENBERG, HIKIND, ROBINSON, KOLB, LANCMAN,
COOK, ERRIGO, SPANO, BURLING, SCHROEDER, McKEVITT, TOBACCO, BARRON,
MARKEY -- Multi-Sponsored by -- M. of A. BARRA, GABRYSZAK, GORDON,
MAISEL, PHEFFER, QUINN, SCHIMEL, TITUS, TOWNSEND -- read once and
referred to the Committee on Education -- committee discharged, bill
amended, ordered reprinted as amended and recommitted to said commit-
tee -- again reported from said committee with amendments, ordered
reprinted as amended and recommitted to said committee
AN ACT to amend the education law, in relation to requiring nonpublic
and private elementary and secondary schools to apply to the commis-
sioner of education for criminal history record checks on prospective
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] REQUIRING the
fingerprinting of prospective employees of nonpublic and private elemen-
tary and secondary schools, and for the use of information derived from
searches of the records of the division of criminal justice services and
the federal bureau of investigation based on the use of such finger-
prints. The commissioner shall also develop a form for use by school
districts, charter schools, boards of cooperative educational services,
and nonpublic and private elementary and secondary schools in connection
with the submission of fingerprints that contains the specific job title
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09638-04-9
A. 6656--B 2
sought and any other information that may be relevant to consideration
of the applicant. The commissioner shall also establish a form for the
recordation of allegations of child abuse in an educational setting, as
required pursuant to section eleven hundred twenty-six of this chapter.
No person who has been fingerprinted pursuant to section three thousand
four-b of this chapter or pursuant to 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. The opening paragraph and subparagraph (i) of paragraph (b) of
subdivision 30 of section 305 of the education law, as amended by chap-
ter 630 of the laws of 2006, are amended to read as follows:
The commissioner, in cooperation with the division of criminal justice
services, shall promulgate a form to be provided to all such prospective
employees of school districts, charter schools, boards of cooperative
educational services, and nonpublic and private elementary and secondary
schools [that elect to fingerprint and seek clearance for prospective
employees] that shall:
(i) inform the prospective employee that the commissioner is required
[or authorized] to request his or her criminal history information from
the division of criminal justice services and the federal bureau of
investigation and review such information pursuant to this section, and
provide a description of the manner in which his or her fingerprint
cards will be used upon submission to the division of criminal justice
services;
S 3. Paragraph (d) of subdivision 30 of section 305 of the education
law, as amended by chapter 630 of the laws of 2006, is amended to read
as follows:
(d) The commissioner shall develop forms to be provided to all school
districts, charter schools, boards of cooperative educational services,
and [to] all nonpublic and private elementary and secondary schools
[that elect to fingerprint their prospective employees], to be completed
and signed by prospective employees when conditional appointment or
emergency conditional appointment is offered.
S 4. Subdivisions 1, 2 and 3 of section 3001-d of the education law,
as added by chapter 630 of the laws of 2006, are amended to read as
follows:
1. a. "Employee" shall mean any prospective employee of a nonpublic or
private elementary or secondary school [which requires the fingerprint-
ing of prospective employees pursuant to this section], or employee of a
contracted service provider or worker placed within such school under a
public assistance employment program, pursuant to title nine-B of arti-
cle five of the social services law, and consistent with the provisions
of such title for the provision of services to such school, its students
or employees, directly or through contract, whereby such services
performed by such person involve direct student contact. [Any] EVERY
nonpublic or private elementary or secondary school [which elects to]
SHALL submit for review criminal history information concerning prospec-
tive employees [must do so with respect to each such prospective employ-
ee], as defined in this paragraph, in accordance with this section.
b. "Volunteer" shall mean any person, other than an employee, who
provides services to a nonpublic or private elementary or secondary
school [which elects to require the fingerprinting of prospective
A. 6656--B 3
employees pursuant to this section], which involve direct student
contact.
2. [Any] EVERY nonpublic or private elementary or secondary school
[may] SHALL require, for the purposes of a criminal history record
check, the fingerprinting of all prospective employees pursuant to
section three thousand thirty-five of this article, who do not hold
valid clearance pursuant to such section or pursuant to section three
thousand four-b of this article 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 record search.
Every set of fingerprints taken pursuant to this section shall be
promptly submitted to the commissioner for the purposes of clearance for
employment.
3. (a) Any nonpublic or private elementary or secondary school may
conditionally appoint a prospective employee. A request for conditional
clearance [may] SHALL be forwarded to the commissioner along with the
prospective employee's fingerprints. Such appointment may be delayed
until notification by the commissioner that the prospective employee has
been conditionally cleared for employment and shall terminate when the
prospective employer is notified of a determination by the commissioner
to grant or deny clearance, provided that if clearance is granted, the
appointment shall continue and the conditional status shall be removed.
Prior to commencement of such conditional appointment, the prospective
employer shall obtain a signed statement for conditional appointment
from the prospective employee, indicating whether, to the best of his or
her knowledge, he or she has a pending criminal charge or criminal
conviction in any jurisdiction outside the state.
(b) Any nonpublic or private elementary or secondary school may make
an emergency conditional appointment when an unforeseen emergency vacan-
cy has occurred. When such appointment is made, the process for condi-
tional appointment pursuant to paragraph (a) of this subdivision [may]
SHALL also be initiated. Emergency conditional appointment may commence
prior to notification from the commissioner on conditional clearance and
shall terminate when the prospective employer is notified by the commis-
sioner regarding conditional clearance, provided that if conditional
clearance is granted, the appointment may continue as a conditional
appointment. Prior to the commencement of such appointment, the
prospective employer must obtain a signed statement for emergency condi-
tional appointment from the prospective employee, indicating whether, to
the best of his or her knowledge, he or she has a pending criminal
charge or criminal conviction in any jurisdiction. An "unforeseen emer-
gency vacancy" shall be defined as: (i) a vacancy that occurred less
than ten business days before the start of any school session, including
summer school, or during any school session, including summer school,
without sufficient notice to allow for clearance or conditional clear-
ance; (ii) when no other qualified person is available to fill the
vacancy temporarily; and (iii) when emergency conditional appointment is
necessary to maintain services which the school is legally required to
provide or services necessary to protect the health, education or safety
of students or staff.
(c) Each nonpublic or private elementary or secondary school[, which
elects to fingerprint prospective employees pursuant to subdivision two
of this section,] shall develop a policy for the safety of the children
A. 6656--B 4
who have contact with an employee holding conditional appointment or
emergency conditional appointment.
S 5. This act shall take effect September 1, 2010; provided that the
amendments to paragraph (d) of subdivision 30 of section 305 of the
education law, made by section three of this act shall not affect the
expiration and repeal of such paragraph, and shall expire and be deemed
repealed therewith.