NY State Senate Bill 2009-S3440

Senate Bill S3440

2009-2010 Legislative Session

Requires fingerprinting of prospective employees of special education schools for purposes of a criminal background check

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Archive: Last Bill Status - In Senate Committee Education Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2010	referred to education
Mar 19, 2009	referred to education

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2009-S3440 (ACTIVE) - Details

Current Committee:: Senate Education
Law Section:: Education Law
Laws Affected:: Amd §§305, 3035, 4212, 4314, 4358, 4403, 4410, 1125 & 3035, Ed L
Versions Introduced in 2011-2012 Legislative Session:: S2420

2009-S3440 (ACTIVE) - Summary

Requires fingerprinting of prospective employees of special education schools for purposes of a criminal background check; defines "special education school"; and allows school to establish procedures for conditional appointment or emergency conditional appointment of prospective employees of the school.

2009-S3440 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S3440

 TITLE OF BILL :
An act to amend the education law, in relation to requiring the
fingerprinting of prospective employees of public or publicly-funded
special education schools for the purpose of conducting criminal
history record checks

 PURPOSE :
The purpose of this bill is to protect the health and safety of
students with disabilities who attend various special education
schools in settings outside of a public school district or board of
cooperative educational services (BOCES) by requiring the
fingerprinting and criminal history record checks of prospective
employees of such schools on the same basis as prospective employees
of school districts, charter schools and BOCES. This bill also
establishes standardized practices and procedures for various special
education schools to follow which guarantee that allegations of child
abuse by school employees and volunteers with direct access to school
children are investigated by appropriate law enforcement authorities.

 SUMMARY OF PROVISIONS :
Section 1 of the bill amends paragraphs a and b of subdivision 30 of
section 305 of the Education Law to make the provisions that require
the Commissioner of Education to promulgate regulations on
fingerprinting of prospective employees and develop forms relating to

fingerprinting and notices to employees applicable to prospective
employees of special education schools. Such regulations would not
apply to special education schools located within the City of New
York, which currently fingerprints employees of special education
schools that contract with the New York City School District.

Section 2 of the bill amends subparagraph (vii) of paragraph C of
subdivision 30 of section 305 of the Education Law to make the
provision requiring the destruction of an employee's fingerprinting
records 12 months after termination if the individual is not employed
by another public school also apply to employees of special education
schools and to re-employment in such schools.

Section 3 of the bill amends paragraph d of subdivision 30 of section
305 to make the provision that requires the Commissioner to develop
forms to be completed by prospective employees when conditional
appointments and emergency conditional appointments are made
applicable to special education schools.

Section 4 of the bill adds a new paragraph (f) to subdivision 30 of
section 305 of the Education Law to define a "special education
school" as a State school operated pursuant to Article 87 or 88 of the
Education Law (i.e., the State School for the Blind at Batavia and the
State School for the Deaf at Rome); a State-supported school operated
pursuant to Article 85 of the Education Law (i.e., a "4201 school");
an approved private non-residential or residential school for students
with disabilities that is located within the state (i.e., a "Chapter
853 school"); or an approved provider of preschool special education
services or programs that are located within the state (i.e., "4410
providers"); provided that such term shall not include a school or
facility operated or licensed by another State agency unless such
school or facility is also an approved private school for students
with disabilities or an approved preschool provider.

Section 5 of the bill amends subdivision 1 of section 3035 of the
Education Law to make the provision that requires the Commissioner to
submit fingerprints to the Division of Criminal Justice Services
(DCJS) with required processing fees and requires DCJS and the Federal
Bureau of Investigations (FBI) to submit the criminal history record
to the commissioner in a timely manner, also applicable to
fingerprints received from a special education school pursuant to
Title 6 of the Education Law, except a special education school
located within the City of New York. It also makes the definition of
an "employee" that is contained in Education Law § 1125(3) apply to
special education schools.

Section 6 of the bill amends subdivision 3 of section 3035 of the
Education Law to make the existing procedures for conditional
clearances and emergency conditional clearances apply to special
education schools.  Section 6 also amends subdivision 3-a of section
3035 to authorize the sharing of criminal history record information
on employees of special education schools between the City of New York
and the commissioner to authorize the Division of Criminal Justice
Services to provide subsequent criminal history to the Commissioner
for employees of special education schools located outside New York
City and to the City of New York for special education schools that
contract with the New York City School District.

Section 7 of the bill amends paragraph i of subdivision a of section
4212 of the Education Law to require that applicants for employment by
4201 schools be fingerprinted in accordance with subdivision (d) of
such section.

Section 8 of the bill adds a new subdivision (d) to section 4212 of
the Education Law to require the fingerprinting of all prospective
employees of 4201 schools unless they have already received clearance
for employment pursuant to sections 3035 or 3004-b of the Education
Law (i.e., through a public school or teacher certification) or
section 509-cc or 1229-d of the Vehicle and Traffic Law (school bus
drivers and attendants) or by the City of New York pursuant to local
law. The new subdivision also authorizes the Commissioner to provide
subsequent criminal history notifications to the schools. The new
subdivision also authorizes conditional appointments and emergency
conditional appointments of prospective employees of such schools to
the same extent and under the same conditions as a board of education
of a union free school district pursuant to Education Law § 1709(39).

Section 9 of the bill amends paragraph i of subdivision a of section
4314 of the Education Law to require that applicants for employment by
the State School for the Blind at Batavia be fingerprinted in
accordance with subdivision (d) of such section.

Section 10 of the bill adds a new subdivision (d) to section 4314 of
the Education Law to require the fingerprinting of all prospective
employees of the State School for the Blind at Batavia unless they
have already received clearance for employment pursuant to sections
3035 or 3004-b of the Education Law (i.e., through a public school or
teacher certification) or section 509-cc or 1229-d of the Vehicle and
Traffic Law (school bus drivers and attendants) or by the City of New
York pursuant to local law. The new subdivision also authorizes
conditional appointments and emergency conditional appointments of
prospective employees of such schools to the same extent and under the
same conditions as a board of education of a union free school
district pursuant to Education Law § 1709(39).

Section 11 of the bill amends paragraph i of subdivision a of section
4358 of the Education Law to require that applicants for employment by
the State School for the Deaf at Rome be fingerprinted in accordance
with subdivision (d) of such section.

Section 12 of the bill adds a new subdivision (d) to section 4358 of
the Education Law to require the fingerprinting of all prospective
employees of the State School for the Deaf at Rome unless they have
already received clearance for employment pursuant to sections 3035 or
3004-b of the Education Law (i.e., through a public school or teacher
certification) or section 509-cc or 1229-d of the Vehicle and Traffic
Law (school bus drivers and attendants) or by the City of New York
pursuant to local law. The new subdivision also authorizes conditional
appointments and emergency conditional appointments of prospective
employees of such schools to the same extent and under the same
conditions as a board of education of a union free school district
pursuant to Education Law § 1709(39).

Section 13 of the bill amends paragraph a of subdivision 11 of section
4403 of the Education Law to require that applicants for employment by
Chapter 853 schools be fingerprinted in accordance with subdivision 21
of such section.

Section 14 of the bill adds a new subdivision 21 to section 4403 of
the Education Law to require the fingerprinting of all prospective
employees of Chapter 853 schools unless they have already received
clearance for employment pursuant to sections 3035 or 3004-b of the
Education Law (i.e., through a public school or teacher certification)
or section 509-cc or 1229-d of the Vehicle and Traffic Law (school bus
drivers and attendants) or by the City of New York pursuant to local
law. The new subdivision also authorizes the Commissioner to provide
subsequent criminal history notifications to the schools. The new
subdivision also authorizes conditional appointments and emergency
conditional appointments of prospective employees of such schools to
the same extent and under the same conditions as a board of education
of a union free school district pursuant to Education Law § 1709(39).
The new subdivision also clarifies that it does not apply to an
approved July and August program under Education Law section 4408 that
is operated by a school district or BOCES.

Section 15 of the bill adds a new subdivision 9-e to section 4410 of
the Education Law to require the fingerprinting of all prospective
employees of 4410 providers unless they have already received
clearance for employment pursuant to sections 3035 or 3004-b of the
Education Law (i.e., through a public school or teacher certification)
or section 509-cc or 1229-d of the Vehicle and Traffic Law (school bus
drivers and attendants), or a valid clearance issued by the City of
New York pursuant to local law. The new subdivision also clarifies
that individual related service providers are responsible for
submitting their own fingerprints prior to inclusion of a list
maintained by the municipality or board pursuant to subdivision (9)
(c) of section 4410. The new subdivision also authorizes the
Commissioner to provide subsequent criminal history notifications to
the approved providers or to the City School District of the City of
New York for its employees. The new subdivision also authorizes
conditional appointments and emergency conditional appointments of
prospective employees of such schools to the same extent and under the
same conditions as a board of education of a union free school
district pursuant to Education Law § 1709(39).  The new subdivision
also clarifies that it does not apply to an approved July and August
program under Education Law section 4408 that is operated by a school
district or BOCES. Finally, the new subdivision authorizes the
Commissioner to provide a copy of the employees' clearance for
employment or a denial of clearance to each municipality that employs
or has such individual on a list of related service providers.

Section 16 amends subdivision 3 of section 1125 of the Education Law
to include persons receiving compensation in special education school
districts in the definition of employee. Subdivision 5 of section 1125
of the Education Law is amended to special education schools and
school districts in the definition of educational setting.

Section 17 amends subdivision 3 of section 3035 of the Education Law,
as such subdivision existed prior to its amendment by Chapter 630 of
the Laws of 2006, to assure that the expiration of the amendments made
by Chapter 147 will not affect the amendment to subdivision 3 that is
needed to provide for clearances by special education schools. This
bill section only takes effect if the provisions of Chapter 147 expire
and are deemed repealed.

Section 18 is the effective date.

 JUSTIFICATION :
Fingerprinting requirements were imposed on prospective employees of
school districts, BOCES and charter schools by Chapter 180 of the Laws
of 2000. This bill would extend the protection currently provided by
the criminal history record checks of prospective employees of such
public schools to fully cover prospective employees of the various
types of publicly-funded schools that serve students with disabilities
placed by school district committees on special education and
committees on preschool special education.  The City of New York
currently fingerprints employees of special education schools with
which it contracts, but there is no finger-printing requirement in
place for special education schools located outside the City of New
York that do not contract with the New York City School District. Now
that school districts, BOCES and charter schools are required to
fingerprint applicants for employment, and as more and more states
impose fingerprinting requirements for their school employees, leaving
our special education schools unprotected creates a serious risk.
Those convicted of certain crimes would be disqualified from serving
in public schools, such as sex offenses involving children, and as
such may seek out employment in schools not authorized to screen
prospective employees through an FBI background check.  Students with
disabilities are perhaps the most vulnerable student population of
all, and exposing them to the risk of abuse by individuals with
criminal histories involving physical or sexual abuse of children is
simply unconscionable, regardless of the costs and burdens of fully
implementing a fingerprinting system. The existing protections
provided to students with disabilities are not adequate. Education Law
§§ 4212, 4314, 4358 and 4403(11) and Title 6 of the Social Services
Law provide protections against abuse and maltreatment of students
with disabilities in residential care, including requirements that
applicants for employment provide sworn statements of their criminal
history and access by special education schools to the Statewide
Central Register of Child Abuse and Maltreatment for the purpose of
screening applicants for employment. However, the Statewide Central
Register will only pick up prior founded reports of child abuse or
maltreatment against the individual, and the legal definition of child
abuse and maltreatment is too narrow to cover many criminal offenses
that ought to be disqualifying, such as sexual offenses involving
children for whom the individual is not the parent or otherwise
responsible under the Family Court Act or rape or other serious
offenses involving adults.  Moreover, there is no such protection for
students with disabilities in non-residential schools, and no
mechanism in either residential or non-residential schools for
screening for criminal history on a national basis through the FBI. It
is because of the need for statutory authorization for an FBI criminal
history check that this bill includes the State Schools for the Deaf
and Blind, where a State criminal history check has already been
implemented.  In recognition of the costs and administrative burdens
that would result from immediate imposition of fingerprinting
requirements, this bill follows the same measured approach that was
adopted in Chapter 180 of 2000 establishing fingerprinting
requirements. Fingerprinting is imposed only prospectively-it applies
to new applicants for employment and does not apply to existing
employees. Instead of involving school districts or BOCES in the
fingerprinting of employees of other entities, the bill makes the
special education schools responsible for ensuring that their
prospective employees are fingerprinted and granted criminal clearance
by the Commissioner of Education. Duplication of fingerprinting
requirements is avoided to the extent practicable, though there are
circumstances under which individuals who are fingerprinted and
subjected to a criminal history record check under other laws are not
exempted by this bill because such other laws do not authorize an FBI
criminal history record check. For example, this bill does not provide
an exemption for individuals employed by approved providers under
section 4410 of the Education Law who have been fingerprinted under
the provisions of § 390-b of the Social Services Law applicable to day
care workers, because there is no provision for an FBI criminal
history record check under that statute. Once an individual is given
criminal clearance after having been fingerprinted by a school
district pursuant to Education Law § 3035 or after they apply for a
teachers' certificate, they will not need to be re-fingerprinted.
Special education schools located within the City of New York and
individuals who are employed by special education schools located
outside of the City of New York who receive clearance by the City of
New York would also be exempted. With those exceptions, the bill
tracks the existing requirements for criminal history record checks of
prospective school district employees, providing special education
school prospective employees with the same due process protections as
school district prospective employees.  To assure the protection of
children in special education schools, this bill establishes
standardized practices and procedures for schools to follow which
guarantee that allegations of child abuse by school employees and
volunteers with direct access to school children are investigated by
appropriate law enforcement authorities. This legislation is required
to fill a major gap in State law affecting the protection of children
from child abuse. Whereas, all officers and employees of the New York
City School District and New York State Public School Districts are
required to report incidences of misconduct, no comparable directive
requiring an investigation of allegations by a law enforcement agency
exists in these special education schools. As a result, employees have
been permitted to "quietly" resign in the face of child abuse
allegations, enabling them to again victimize children in another
school setting. This bill will eliminate "quiet" resignations and
provide an important measure of protection for children in these
special education schools.

 LEGISLATIVE HISTORY :
2005-06: Similar to S.5432 - Passed Senate
2007-08: Passed Senate

 EFFECTIVE DATE :
This act would take effect on the 180th day after it shall have become
a law, provided that the commissioner's authority to promulgate any
regulations needed to implement the act on such effective date would
take effect immediately and provided further that the provisions of
this act shall apply to prospective employees of special education
schools who are appointed on or after such effective date and to
individual providers of preschool related services who are placed on
lists maintained by the municipality pursuant to subdivision 9 of
section 4410 of the education law on and after such effective date.
The provisions of section 6 of this act would expire and be deemed
repealed in accordance with section 12 of Chapter 147 of the Laws of
2001, whereupon the provisions of section 17 of this act would take
effect.

2009-S3440 (ACTIVE) - Bill Text download pdf

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

                                  3440

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             March 19, 2009
                               ___________

Introduced by Sens. SALAND, OPPENHEIMER -- read twice and ordered print-
  ed, and when printed to be committed to the Committee on Education

AN  ACT to amend the education law, in relation to requiring the finger-
  printing of prospective employees of public or publicly-funded special
  education schools for  the  purpose  of  conducting  criminal  history
  record checks

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

  Section 1. Paragraphs (a) and (b) of subdivision 30 of section 305  of
the education law, paragraph (a), the opening paragraph and subparagraph
(i)  of  paragraph (b) as amended by chapter 630 of the laws of 2006 and
paragraph (b) as added by chapter 180 of the laws of 2000,  are  amended
to read as follows:
  (a)  The  commissioner,  in  cooperation with the division of criminal
justice services and in accordance with  all  applicable  provisions  of
law,  shall promulgate rules and regulations to require the fingerprint-
ing of prospective employees, as defined in section eleven hundred twen-
ty-five of this chapter, of school  districts,  charter  schools  [and],
boards   of  cooperative  educational  services  AND  SPECIAL  EDUCATION
SCHOOLS, and authorizing the fingerprinting of prospective employees  of
nonpublic  and private elementary and secondary schools, and for the use
of information derived from searches of the records of the  division  of
criminal  justice services and the federal bureau of investigation based
on the use of such fingerprints. The commissioner shall also  develop  a
form for use by school districts, charter schools, boards of cooperative
educational services, [and] nonpublic and private elementary and second-
ary  schools  AND  SPECIAL  EDUCATION  SCHOOLS,  in  connection with the
submission of fingerprints that contains the specific job  title  sought
and  any  other information that may be relevant to consideration of the
applicant. The commissioner shall also establish a form for the recorda-
tion of allegations  of  child  abuse  in  an  educational  setting,  as

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10357-02-9

S. 3440                             2

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,  OR  TO
SPECIAL EDUCATION SCHOOLS LOCATED WITHIN SUCH CITY.
  (b)  The  commissioner,  in  cooperation with the division of criminal
justice services, shall promulgate a form to be  provided  to  all  such
prospective  employees  of  school districts, charter schools, boards of
cooperative educational services, SPECIAL EDUCATION SCHOOLS and  nonpub-
lic  and  private elementary and secondary schools that elect to finger-
print and seek clearance for prospective employees that shall:
  (i) inform the prospective employee that the commissioner is  required
or  authorized  to  request his or her criminal history information from
the division of criminal justice services  and  the  federal  bureau  of
investigation  and review such information pursuant to this section, and
provide a description of the manner in  which  his  or  her  fingerprint
cards  will  be used upon submission to the division of criminal justice
services;
  (ii) inform the prospective employee that he or she has the  right  to
obtain, review and seek correction of his or her criminal history infor-
mation  pursuant  to regulations and procedures established by the divi-
sion of criminal justice services.
  S 2. Subparagraph (vii) of paragraph (c) of subdivision 30 of  section
305 of the education law, as amended by chapter 630 of the laws of 2006,
is amended to read as follows:
  (vii)  been informed that in the event his or her employment is termi-
nated and such person has not become employed in  the  same  or  another
school  district,  charter  school,  board  of  cooperative  educational
services, SPECIAL EDUCATION SCHOOL or nonpublic or private elementary or
secondary school within [twelve-months] TWELVE  MONTHS  of  such  termi-
nation,  the  commissioner shall notify the division of criminal justice
services of such termination,  and  the  division  of  criminal  justice
services  shall destroy the fingerprints of such person. Such person may
request that the commissioner notify the division  of  criminal  justice
services  that  his  or her fingerprints shall be destroyed prior to the
expiration of such twelve month period in which  case  the  commissioner
shall  notify the division of criminal justice services and the division
shall destroy the fingerprints of such person promptly upon  receipt  of
the request; and
  S  3.  Paragraph (d) of subdivision 30 of section 305 of the education
law, as amended by chapter 630 of the laws of 2006, is amended  to  read
as follows:
  (d)  The commissioner shall develop forms to be provided to all school
districts, charter schools, boards of cooperative educational  services,
SPECIAL  EDUCATION  SCHOOLS  and to all nonpublic and private elementary
and secondary  schools  that  elect  to  fingerprint  their  prospective
employees,  to  be  completed  and  signed by prospective employees when
conditional appointment or emergency conditional appointment is offered.
  S 4. Subdivision 30 of section 305 of the education law is amended  by
adding a new paragraph (f) to read as follows:

S. 3440                             3

  (F)  AS USED IN THIS SECTION AND SECTION THREE THOUSAND THIRTY-FIVE OF
THIS CHAPTER, "SPECIAL EDUCATION SCHOOL" SHALL MEAN A STATE SCHOOL OPER-
ATED PURSUANT TO ARTICLE EIGHTY-SEVEN OR EIGHTY-EIGHT OF THIS CHAPTER, A
STATE-SUPPORTED SCHOOL OPERATED PURSUANT TO ARTICLE EIGHTY-FIVE OF  THIS
CHAPTER,  AN  APPROVED PRIVATE NON-RESIDENTIAL OR RESIDENTIAL SCHOOL FOR
THE EDUCATION OF STUDENTS WITH DISABILITIES THAT IS LOCATED  WITHIN  THE
STATE,  OR  AN APPROVED PROVIDER OF PRESCHOOL SPECIAL EDUCATION SERVICES
OR PROGRAMS THAT IS LOCATED WITHIN THE STATE; PROVIDED  THAT  SUCH  TERM
SHALL  NOT APPLY TO A SCHOOL OR FACILITY OPERATED OR LICENSED BY A STATE
AGENCY OTHER THAN THE DEPARTMENT, UNLESS SUCH SCHOOL OR FACILITY IS ALSO
AN APPROVED PRIVATE SCHOOL FOR STUDENTS WITH DISABILITIES OR AN APPROVED
PROVIDER UNDER SECTION FORTY-FOUR HUNDRED TEN OF THIS CHAPTER.
  S 5. Subdivision 1 of section 3035 of the education law, as amended by
chapter 630 of the laws of 2006, is amended to read as follows:
  1. The commissioner shall submit to the division of  criminal  justice
services two sets of fingerprints of prospective employees as defined in
subdivision  three of section eleven hundred twenty-five of this chapter
received from a school district, charter school or board of  cooperative
educational  services and of prospective employees received from nonpub-
lic and private elementary and secondary schools pursuant to  title  two
of  this  chapter OR A SPECIAL EDUCATION SCHOOL, AS DEFINED IN PARAGRAPH
(F) OF SUBDIVISION THIRTY OF SECTION THREE HUNDRED FIVE OF THIS CHAPTER,
PURSUANT TO TITLE SIX OF THIS CHAPTER, OTHER THAN  A  SPECIAL  EDUCATION
SCHOOL  LOCATED  IN  THE  CITY OF NEW YORK, and the division of criminal
justice services processing fee imposed pursuant to subdivision  eight-a
of  section  eight hundred thirty-seven of the executive law and any fee
imposed by the federal bureau of investigation. The division of criminal
justice services and the federal bureau of investigation  shall  forward
such criminal history record to the commissioner in a timely manner. For
the  purposes  of this section, the term "criminal history record" shall
mean a record of all convictions of  crimes  and  any  pending  criminal
charges  maintained on an individual by the division of criminal justice
services and the federal bureau  of  investigation.  All  such  criminal
history  records  sent  to the commissioner pursuant to this subdivision
shall be confidential pursuant to the applicable federal and state laws,
rules and regulations,  and  shall  not  be  published  or  in  any  way
disclosed  to  persons  other  than  the  commissioner, unless otherwise
authorized by law.
  S 6. Subdivisions 3 and 3-a of section  3035  of  the  education  law,
subdivision 3 as amended by section 7 of chapter 630 of the laws of 2006
and  subdivision  3-a  as  added by chapter 380 of the laws of 2001, are
amended to read as follows:
  3. (a) Clearance. After receipt of a criminal history record from  the
division of criminal justice services and the federal bureau of investi-
gation  the  commissioner  shall  promptly notify the appropriate school
district, charter school, board  of  cooperative  educational  services,
SPECIAL EDUCATION SCHOOL or nonpublic or private elementary or secondary
school  whether the prospective employee to which such report relates is
cleared for employment based upon  his  or  her  criminal  history.  All
determinations  to  grant  or  deny clearance for employment pursuant to
this paragraph shall be performed in accordance with subdivision sixteen
of section two hundred ninety-six of the executive law and article twen-
ty-three-A of  the  correction  law.  When  the  commissioner  denies  a
prospective employee clearance for employment, such prospective employee
shall  be  afforded  notice and the right to be heard and offer proof in

S. 3440                             4

opposition to such determination in accordance with the  regulations  of
the commissioner.
  (b)  Conditional  clearance.  When the commissioner receives a request
for a determination  on  the  conditional  clearance  of  a  prospective
employee,  the  commissioner, after receipt of a criminal history record
from the division of criminal justice services,  shall  promptly  notify
the  prospective  employee  and the appropriate school district, charter
school, board of cooperative  educational  services,  SPECIAL  EDUCATION
SCHOOL  or  nonpublic or private elementary or secondary school that the
prospective employee to  which  such  report  relates  is  conditionally
cleared  for  employment  based upon his or her criminal history or that
more time is needed to  make  the  determination.  If  the  commissioner
determines  that  more  time is needed, the notification shall include a
good faith estimate of  the  amount  of  additional  time  needed.  Such
notification  shall  be  made  within  fifteen  business  days after the
commissioner  receives  the  prospective  employee's  fingerprints.  All
determinations  to  grant  or  deny conditional clearance for employment
pursuant to this paragraph shall be performed in accordance with  subdi-
vision  sixteen  of  section two hundred ninety-six of the executive law
and article twenty-three-A of the correction law.
  3-a. Upon request from a prospective employee who has been cleared  by
the  commissioner  for employment and/or certification, the commissioner
shall have the authority to forward a  copy  of  such  criminal  history
record  to  the city school district of the city of New York by the most
expeditious means available. Furthermore, upon  notification  that  such
prospective employee is employed by the city school district of the city
of  New York OR IS EMPLOYED BY A SPECIAL EDUCATION SCHOOL THAT CONTRACTS
WITH THE CITY SCHOOL DISTRICT OF THE CITY OF NEW YORK, the  division  of
criminal justice services shall have the authority to provide subsequent
criminal  history  notifications directly to the city school district of
the city of New York. Upon request from a prospective employee  who  has
been cleared for licensure and/or employment by the city school district
of  the city of New York OR HAS BEEN CLEARED BY THE CITY OF NEW YORK FOR
EMPLOYMENT BY A SPECIAL EDUCATION SCHOOL THAT IS LOCATED OUTSIDE OF  THE
CITY  SCHOOL  DISTRICT  OF THE CITY OF NEW YORK, such school district OR
CITY shall have the authority to  forward  a  copy  of  the  prospective
employee's  criminal  history  record  to  the commissioner, by the most
expeditious means available, for the purposes of this section.  Further-
more, upon notification that such prospective employee is employed by  a
school  district  outside the city of New York OR BY A SPECIAL EDUCATION
SCHOOL THAT IS LOCATED OUTSIDE OF THE CITY OF NEW YORK, the division  of
criminal justice services shall have the authority to provide subsequent
criminal history notifications directly to the commissioner.
  S 7. Paragraph (i) of subdivision (a) of section 4212 of the education
law, as amended by chapter 32 of the laws of 1992, is amended to read as
follows:
  (i)  consistent  with appropriate collective bargaining agreements and
applicable provisions of the civil service law, the  review  and  evalu-
ation  of  the backgrounds of and the information supplied by any person
applying to be an employee,  a  volunteer  or  consultant,  which  shall
include  but  not  be  limited  to  the following requirements: that the
applicant set forth his or her employment history, provide personal  and
employment  references, and relevant experiential and educational infor-
mation, [and] sign a sworn statement indicating whether  the  applicant,
to  the best of his or her knowledge, has ever been convicted of a crime
in this state or any other jurisdiction AND, IN THE CASE OF  A  PROSPEC-

S. 3440                             5

TIVE EMPLOYEE, BE FINGERPRINTED FOR PURPOSES OF A CRIMINAL HISTORY BACK-
GROUND CHECK PURSUANT TO SUBDIVISION (D) OF THIS SECTION;
  S  8.  Section  4212  of  the education law is amended by adding a new
subdivision (d) to read as follows:
  (D) (I) THE SCHOOL SHALL REQUIRE, FOR PURPOSES OF A  CRIMINAL  HISTORY
RECORD  CHECK,  THE  FINGERPRINTING  OF ALL PROSPECTIVE EMPLOYEES OF THE
SCHOOL PURSUANT TO SUBDIVISION THIRTY OF SECTION THREE HUNDRED FIVE  AND
SECTION  THREE  THOUSAND  THIRTY-FIVE OF THIS CHAPTER, EXCEPT WHERE SUCH
PROSPECTIVE EMPLOYEES HOLD VALID  CLEARANCE  PURSUANT  TO  SUCH  SECTION
THREE  THOUSAND THIRTY-FIVE OR PURSUANT TO SECTION THREE THOUSAND FOUR-B
OF THIS CHAPTER OR SECTION FIVE HUNDRED NINE-CC OR TWELVE HUNDRED  TWEN-
TY-NINE-D  OF  THE VEHICLE AND TRAFFIC LAW, OR VALID CLEARANCE ISSUED BY
THE CITY OF NEW YORK PURSUANT TO LOCAL  LAW.  PRIOR  TO  INITIATING  THE
FINGERPRINTING PROCESS, THE SCHOOL SHALL FURNISH THE PROSPECTIVE EMPLOY-
EE  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.
NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, THE  COMMIS-
SIONER  SHALL  BE  AUTHORIZED  TO  PROVIDE  SUBSEQUENT  CRIMINAL HISTORY
NOTIFICATIONS TO THE SCHOOL FOR ITS EMPLOYEES.
  (II) NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE  CONTRARY,  THE
SCHOOL MAY ESTABLISH PROCEDURES FOR THE CONDITIONAL APPOINTMENT OR EMER-
GENCY  CONDITIONAL APPOINTMENT OF PROSPECTIVE EMPLOYEES OF THE SCHOOL TO
THE SAME EXTENT AND UNDER THE SAME CONDITIONS AS A BOARD OF EDUCATION OF
A UNION FREE SCHOOL DISTRICT  PURSUANT  TO  SUBDIVISION  THIRTY-NINE  OF
SECTION SEVENTEEN HUNDRED NINE OF THIS CHAPTER.
  S 9. Paragraph (i) of subdivision (a) of section 4314 of the education
law, as amended by chapter 32 of the laws of 1992, is amended to read as
follows:
  (i)  consistent  with appropriate collective agreements and applicable
provisions of the civil service law, the review and  evaluation  of  the
backgrounds of and the information supplied by any person applying to be
an  employee,  a volunteer or consultant, which shall include but not be
limited to the following requirements: that the applicant set forth  his
or  her  employment history, provide personal and employment references,
and relevant experiential and  educational  information,  [and]  sign  a
sworn  statement indicating whether the applicant, to the best of his or
her knowledge, has ever been convicted of a crime in this state  or  any
other  jurisdiction AND, IN THE CASE OF A PROSPECTIVE EMPLOYEE, BE FING-
ERPRINTED FOR PURPOSES OF A CRIMINAL HISTORY BACKGROUND  CHECK  PURSUANT
TO SUBDIVISION (D) OF THIS SECTION;
  S  10.  Section  4314  of the education law is amended by adding a new
subdivision (d) to read as follows:
  (D)(I) THE DEPARTMENT SHALL REQUIRE, FOR PURPOSES OF A CRIMINAL HISTO-
RY RECORD CHECK, THE FINGERPRINTING OF ALL PROSPECTIVE EMPLOYEES OF  THE
SCHOOL  PURSUANT TO SUBDIVISION THIRTY OF SECTION THREE HUNDRED FIVE AND
SECTION THREE THOUSAND THIRTY-FIVE OF THIS  CHAPTER,  WHO  DO  NOT  HOLD
VALID  CLEARANCE  PURSUANT TO SUCH SECTION THREE THOUSAND THIRTY-FIVE OR
PURSUANT TO SECTION THREE THOUSAND FOUR-B OF  THIS  CHAPTER  OR  SECTION
FIVE  HUNDRED NINE-CC OR TWELVE HUNDRED TWENTY-NINE-D OF THE VEHICLE AND
TRAFFIC LAW, OR VALID CLEARANCE ISSUED BY THE CITY OF NEW YORK  PURSUANT
TO  LOCAL  LAW.  PRIOR  TO  INITIATING  THE  FINGERPRINTING PROCESS, THE
DEPARTMENT  SHALL  FURNISH  THE  PROSPECTIVE  EMPLOYEE  WITH  THE   FORM
DESCRIBED  IN  PARAGRAPH  (C)  OF  SUBDIVISION  THIRTY  OF SECTION THREE

S. 3440                             6

HUNDRED FIVE OF THIS CHAPTER AND SHALL OBTAIN THE APPLICANT'S CONSENT TO
THE CRIMINAL HISTORY RECORDS SEARCH. EVERY  SET  OF  FINGERPRINTS  TAKEN
PURSUANT  TO THIS SUBDIVISION SHALL BE PROMPTLY SUBMITTED TO THE COMMIS-
SIONER FOR PURPOSES OF CLEARANCE FOR EMPLOYMENT.
  (II)  NOTWITHSTANDING  ANY OTHER PROVISION OF LAW TO THE CONTRARY, THE
COMMISSIONER MAY ESTABLISH PROCEDURES FOR THE CONDITIONAL APPOINTMENT OR
EMERGENCY CONDITIONAL APPOINTMENT OF PROSPECTIVE EMPLOYEES OF THE SCHOOL
BY THE DEPARTMENT TO THE SAME EXTENT AND UNDER THE SAME CONDITIONS AS  A
BOARD  OF EDUCATION OF A UNION FREE SCHOOL DISTRICT PURSUANT TO SUBDIVI-
SION THIRTY-NINE OF SECTION SEVENTEEN HUNDRED NINE OF THIS CHAPTER.
  S 11. Paragraph (i) of subdivision (a) of section 4358 of  the  educa-
tion  law,  as  amended by chapter 32 of the laws of 1992, is amended to
read as follows:
  (i) consistent with appropriate collective bargaining  agreements  and
applicable  provisions  of  the civil service law, the review and evalu-
ation of the backgrounds of and the information supplied by  any  person
applying  to  be  an  employee,  a  volunteer or consultant, which shall
include but not be limited  to  the  following  requirements:  that  the
applicant  set forth his or her employment history, provide personal and
employment references and relevant experiential and educational informa-
tion, [and] sign a sworn statement indicating whether the applicant,  to
the  best of his or her knowledge, has ever been convicted of a crime in
this state or any other jurisdiction AND, IN THE CASE OF  A  PROSPECTIVE
EMPLOYEE, BE FINGERPRINTED FOR PURPOSES OF A CRIMINAL HISTORY BACKGROUND
CHECK PURSUANT TO SUBDIVISION (D) OF THIS SECTION;
  S  12.  Section  4358  of the education law is amended by adding a new
subdivision (d) to read as follows:
  (D)(I) THE DEPARTMENT SHALL REQUIRE, FOR PURPOSES OF A CRIMINAL HISTO-
RY RECORD CHECK, THE FINGERPRINTING OF ALL PROSPECTIVE EMPLOYEES OF  THE
SCHOOL  PURSUANT TO SUBDIVISION THIRTY OF SECTION THREE HUNDRED FIVE AND
SECTION THREE THOUSAND THIRTY-FIVE OF THIS  CHAPTER,  WHO  DO  NOT  HOLD
VALID  CLEARANCE  PURSUANT TO SUCH SECTION THREE THOUSAND THIRTY-FIVE OR
PURSUANT TO SECTION THREE THOUSAND FOUR-B OF  THIS  CHAPTER  OR  SECTION
FIVE  HUNDRED NINE-CC OR TWELVE HUNDRED TWENTY-NINE-D OF THE VEHICLE AND
TRAFFIC LAW, OR VALID CLEARANCE ISSUED BY THE CITY OF NEW YORK  PURSUANT
TO  LOCAL  LAW.  PRIOR  TO  INITIATING  THE  FINGERPRINTING PROCESS, THE
DEPARTMENT  SHALL  FURNISH  THE  PROSPECTIVE  EMPLOYEE  WITH  THE   FORM
DESCRIBED  IN  PARAGRAPH  (C)  OF  SUBDIVISION  THIRTY  OF SECTION THREE
HUNDRED FIVE OF THIS CHAPTER AND SHALL OBTAIN THE APPLICANT'S CONSENT TO
THE CRIMINAL HISTORY RECORDS SEARCH. EVERY  SET  OF  FINGERPRINTS  TAKEN
PURSUANT  TO THIS SUBDIVISION SHALL BE PROMPTLY SUBMITTED TO THE COMMIS-
SIONER FOR PURPOSES OF CLEARANCE FOR EMPLOYMENT.
  (II) NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE  CONTRARY,  THE
COMMISSIONER MAY ESTABLISH PROCEDURES FOR THE CONDITIONAL APPOINTMENT OR
EMERGENCY CONDITIONAL APPOINTMENT OF PROSPECTIVE EMPLOYEES OF THE SCHOOL
BY  THE DEPARTMENT TO THE SAME EXTENT AND UNDER THE SAME CONDITIONS AS A
BOARD OF EDUCATION OF A UNION FREE SCHOOL DISTRICT PURSUANT TO  SUBDIVI-
SION THIRTY-NINE OF SECTION SEVENTEEN HUNDRED NINE OF THIS CHAPTER.
  S 13. Paragraph (a) of subdivision 11 of section 4403 of the education
law, as amended by chapter 32 of the laws of 1992, is amended to read as
follows:
  (a)  consistent  with appropriate collective bargaining agreements and
applicable provisions of the civil service law, the  review  and  evalu-
ation  of  the backgrounds of and the information supplied by any person
applying to be an employee,  a  volunteer  or  consultant,  which  shall
include  but  not  be  limited  to  the following requirements: that the

S. 3440                             7

applicant set forth his or her employment history, provide personal  and
employment  references, and relevant experiential and educational quali-
fications [and], sign a sworn statement indicating  whether  the  appli-
cant,  to  the best of his or her knowledge has ever been convicted of a
crime in this state or any other jurisdiction AND,  IN  THE  CASE  OF  A
PROSPECTIVE EMPLOYEE, BE FINGERPRINTED FOR PURPOSES OF A CRIMINAL HISTO-
RY BACKGROUND CHECK PURSUANT TO SUBDIVISION TWENTY-ONE OF THIS SECTION;
  S  14.  Section  4403  of the education law is amended by adding a new
subdivision 21 to read as follows:
  21. A. THE COMMISSIONER SHALL REQUIRE,  FOR  PURPOSES  OF  A  CRIMINAL
HISTORY RECORD CHECK, THE FINGERPRINTING OF ALL PROSPECTIVE EMPLOYEES OF
APPROVED  PRIVATE  RESIDENTIAL  AND  NON-RESIDENTIAL  SCHOOLS  WHICH ARE
LOCATED WITHIN THE STATE BY SUCH SCHOOLS PURSUANT TO SUBDIVISION  THIRTY
OF  SECTION THREE HUNDRED FIVE AND SECTION THREE THOUSAND THIRTY-FIVE OF
THIS CHAPTER, EXCEPT WHERE SUCH PROSPECTIVE EMPLOYEES HOLD VALID  CLEAR-
ANCE  PURSUANT TO SUCH SECTION THREE THOUSAND THIRTY-FIVE OR PURSUANT TO
SECTION THREE THOUSAND FOUR-B OF THIS CHAPTER OR  SECTION  FIVE  HUNDRED
NINE-CC  OR TWELVE HUNDRED TWENTY-NINE-D OF THE VEHICLE AND TRAFFIC LAW,
OR VALID CLEARANCE ISSUED BY THE CITY OF NEW YORK PURSUANT TO LOCAL LAW.
THE PROVISIONS OF THIS SUBDIVISION SHALL NOT APPLY TO PROGRAMS  OPERATED
PURSUANT TO SECTION FORTY-FOUR HUNDRED EIGHT OF THIS ARTICLE BY A SCHOOL
DISTRICT OR BOARD OF COOPERATIVE EDUCATIONAL SERVICES. PRIOR TO INITIAT-
ING THE FINGERPRINTING PROCESS, THE SCHOOL SHALL FURNISH THE PROSPECTIVE
EMPLOYEE  WITH THE FORM DESCRIBED IN PARAGRAPH (C) OF SUBDIVISION THIRTY
OF SECTION THREE HUNDRED FIVE OF  THIS  CHAPTER  AND  SHALL  OBTAIN  THE
APPLICANT'S CONSENT TO THE CRIMINAL HISTORY RECORDS SEARCH. EVERY SET OF
FINGERPRINTS  TAKEN  PURSUANT  TO  THIS  SUBDIVISION  SHALL  BE PROMPTLY
SUBMITTED TO THE COMMISSIONER FOR PURPOSES OF CLEARANCE FOR  EMPLOYMENT.
NOTWITHSTANDING  ANY OTHER PROVISION OF LAW TO THE CONTRARY, THE COMMIS-
SIONER SHALL  BE  AUTHORIZED  TO  PROVIDE  SUBSEQUENT  CRIMINAL  HISTORY
NOTIFICATIONS TO APPROVED PRIVATE SCHOOLS FOR THEIR EMPLOYEES.
  B.  NOTWITHSTANDING  ANY  OTHER  PROVISION OF LAW TO THE CONTRARY, THE
APPROVED PRIVATE SCHOOL MAY ESTABLISH  PROCEDURES  FOR  THE  CONDITIONAL
APPOINTMENT  OR EMERGENCY CONDITIONAL APPOINTMENT OF PROSPECTIVE EMPLOY-
EES OF THE SCHOOL TO THE SAME EXTENT AND UNDER THE SAME CONDITIONS AS  A
BOARD  OF EDUCATION OF A UNION FREE SCHOOL DISTRICT PURSUANT TO SUBDIVI-
SION THIRTY-NINE OF SECTION SEVENTEEN HUNDRED NINE OF THIS CHAPTER.
  S 15. Section 4410 of the education law is amended  by  adding  a  new
subdivision 9-e to read as follows:
  9-E.  A.  THE  COMMISSIONER  SHALL REQUIRE, FOR PURPOSES OF A CRIMINAL
HISTORY RECORD CHECK, THE FINGERPRINTING OF ALL PROSPECTIVE EMPLOYEES OF
APPROVED PROVIDERS OF SPECIAL SERVICES  OR  PROGRAMS  THAT  ARE  LOCATED
WITHIN THE STATE PURSUANT TO SUBDIVISION THIRTY OF SECTION THREE HUNDRED
FIVE  AND  SECTION  THREE  THOUSAND  THIRTY-FIVE OF THIS CHAPTER, EXCEPT
WHERE SUCH PROSPECTIVE EMPLOYEES HOLD VALID CLEARANCE PURSUANT  TO  SUCH
SECTION THREE THOUSAND THIRTY-FIVE OR PURSUANT TO SECTION THREE THOUSAND
FOUR-B OF THIS CHAPTER OR SECTION FIVE HUNDRED NINE-CC OR TWELVE HUNDRED
TWENTY-NINE-D OF THE VEHICLE AND TRAFFIC LAW OR A VALID CLEARANCE ISSUED
BY  THE  CITY  OF  NEW  YORK  PURSUANT  TO  LOCAL LAW. AN INDIVIDUAL WHO
PROVIDES RELATED SERVICES PURSUANT TO THIS SECTION  SHALL  BE  DEEMED  A
PROSPECTIVE  EMPLOYEE  FOR  PURPOSES  OF  THIS  SUBDIVISION AND SHALL BE
RESPONSIBLE FOR SUBMITTING HIS OR HER FINGERPRINTS TO  THE  COMMISSIONER
FOR  PURPOSES  OF RECEIVING CLEARANCE FOR EMPLOYMENT PRIOR TO HIS OR HER
INCLUSION ON A LIST OF RELATED SERVICE PROVIDERS MAINTAINED BY THE MUNI-
CIPALITY OR BOARD PURSUANT TO PARAGRAPH C OF SUBDIVISION  NINE  OF  THIS
SECTION.  PRIOR  TO  INITIATING THE FINGERPRINTING PROCESS, THE PROVIDER

S. 3440                             8

SHALL FURNISH ITS PROSPECTIVE EMPLOYEE WITH THE FORM DESCRIBED IN  PARA-
GRAPH  (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 SUBDI-
VISION SHALL BE PROMPTLY SUBMITTED TO THE COMMISSIONER FOR  PURPOSES  OF
CLEARANCE FOR EMPLOYMENT.  NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO
THE CONTRARY, THE COMMISSIONER SHALL BE AUTHORIZED TO PROVIDE SUBSEQUENT
CRIMINAL  HISTORY  NOTIFICATIONS TO APPROVED PROVIDERS FOR THEIR EMPLOY-
EES. IN THE CASE OF A PROSPECTIVE EMPLOYEE WHO IS EMPLOYED BY  THE  CITY
SCHOOL  DISTRICT  OF  THE  CITY  OF  NEW YORK, THE COMMISSIONER SHALL BE
AUTHORIZED TO PROVIDE SUBSEQUENT CRIMINAL HISTORY NOTIFICATIONS DIRECTLY
TO THE CITY SCHOOL DISTRICT OF THE CITY OF NEW YORK.
  B. NOTWITHSTANDING ANY OTHER PROVISION OF LAW  TO  THE  CONTRARY,  THE
APPROVED  PROVIDER MAY ESTABLISH PROCEDURES FOR THE CONDITIONAL APPOINT-
MENT OR EMERGENCY CONDITIONAL APPOINTMENT OF  PROSPECTIVE  EMPLOYEES  OF
THE PROVIDER TO THE SAME EXTENT AND UNDER THE SAME CONDITIONS AS A BOARD
OF  EDUCATION  OF  A  UNION FREE SCHOOL DISTRICT PURSUANT TO SUBDIVISION
THIRTY-NINE OF SECTION SEVENTEEN HUNDRED NINE OF THIS CHAPTER.
  C. NOTWITHSTANDING ANY OTHER PROVISION OF LAW  TO  THE  CONTRARY,  THE
COMMISSIONER MAY ESTABLISH PROCEDURES FOR THE CONDITIONAL APPOINTMENT OR
EMERGENCY  CONDITIONAL  APPOINTMENT  OF  INDIVIDUALS WHO PROVIDE RELATED
SERVICES PURSUANT TO THIS SECTION TO THE SAME EXTENT AND UNDER THE  SAME
CONDITIONS  AS  A  BOARD  OF  EDUCATION  OF A UNION FREE SCHOOL DISTRICT
PURSUANT TO SUBDIVISION THIRTY-NINE OF SECTION SEVENTEEN HUNDRED NINE OF
THIS CHAPTER. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE  CONTRA-
RY,  THE  COMMISSIONER SHALL PROVIDE EACH MUNICIPALITY OR BOARD IN WHICH
SUCH INDIVIDUAL SEEKS TO BE INCLUDED ON A LIST OF  RELATED  SERVICES  OR
SPECIAL EDUCATION ITINERANT SERVICES PROVIDERS WITH A COPY OF SUCH INDI-
VIDUAL'S  CRIMINAL CLEARANCE OR DENIAL OF CRIMINAL CLEARANCE, AND IN THE
EVENT OF A DENIAL OF CLEARANCE, SUCH MUNICIPALITY OR BOARD SHALL  REMOVE
THE  INDIVIDUAL FROM SUCH LIST UNLESS CRIMINAL CLEARANCE IS SUBSEQUENTLY
ISSUED BY THE COMMISSIONER. NOTWITHSTANDING ANY OTHER PROVISION  OF  LAW
TO  THE CONTRARY, THE COMMISSIONER SHALL BE AUTHORIZED TO PROVIDE SUBSE-
QUENT CRIMINAL HISTORY NOTIFICATIONS TO EACH MUNICIPALITY  OR  BOARD  IN
WHICH  SUCH  INDIVIDUAL IS INCLUDED ON A LIST OF RELATED SERVICE PROVID-
ERS.
  S 16. Subdivisions 3 and 5 of section 1125 of the  education  law,  as
added  by  chapter  180  of  the  laws  of  2000, are amended to read as
follows:
  3. "Employee" shall mean any  person  receiving  compensation  from  a
school district, A SPECIAL EDUCATION SCHOOL DISTRICT AS DEFINED IN PARA-
GRAPH  (F)  OF  SUBDIVISION THIRTY OF SECTION THREE HUNDRED FIVE OF THIS
CHAPTER or employee of a contracted service provider  or  worker  placed
within the school under a public assistance employment program, pursuant
to title nine-B of article five of the social services law, and consist-
ent  with  the provisions of such title for the provision of services to
such district, its students or employees, directly or through  contract,
whereby  such  services  performed by such person involve direct student
contact.
  5. "Educational setting" shall mean the  building  and  grounds  of  a
public  school  district, A SPECIAL EDUCATION SCHOOL DISTRICT AS DEFINED
IN PARAGRAPH (F) OF SUBDIVISION THIRTY OF SECTION THREE HUNDRED FIVE  OF
THIS  CHAPTER,  the  vehicles provided by the school district OR SPECIAL
EDUCATION SCHOOL for the transportation of students to and  from  school
buildings,  field  trips,  co-curricular and extra-curricular activities
both on and off school district grounds, all  co-curricular  and  extra-

S. 3440                             9

curricular  activity  sites, and any other location where direct contact
between an employee or volunteer and a child has allegedly occurred.
  S  17.  Subdivision 3 of section 3035 of the education law, as amended
by section 8 of chapter 630 of the laws of 2006, is amended to  read  as
follows:
  3.  After  receipt  of  a criminal history record from the division of
criminal justice services and the federal bureau  of  investigation  the
commissioner  shall  promptly  notify  the  appropriate school district,
charter school,  board  of  cooperative  educational  services,  SPECIAL
EDUCATION  SCHOOL or nonpublic or private elementary or secondary school
whether the prospective employee to which such report relates is cleared
for employment based upon his or  her  criminal  history.  All  determi-
nations  to  grant  or  deny  clearance  for employment pursuant to this
subdivision shall be performed in accordance with subdivision sixteen of
section two hundred ninety-six of the executive law and article  twenty-
three-A  of the correction law.  When the commissioner denies a prospec-
tive employee clearance for employment, such prospective employee  shall
be  afforded  notice  and the right to be heard and offer proof in oppo-
sition to such determination in accordance with the regulations  of  the
commissioner.
  S  18.    This  act shall take effect on the one hundred eightieth day
after it shall have become a law; provided that:
  (a) the commissioner of education is authorized to promulgate any  and
all  rules  and  regulations  and  take  any other measures necessary to
implement the provisions of this act on its effective date on or  before
such date;
  (b) the provisions of this act shall apply to prospective employees of
special  education  schools who are appointed on or after such effective
date and to individual providers of preschool related services  who  are
placed on lists maintained by the municipality pursuant to subdivision 9
of section 4410 of the education law on and after such effective date;
  (c) the amendment to paragraph (d) of subdivision 30 of section 305 of
the education law made by section three of this act shall not affect the
repeal of such paragraph and shall be deemed repealed therewith; and
  (d)  the  amendments to subdivision 3 of section 3035 of the education
law, made by section six 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 seventeen of this act shall take effect.

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Senate Bill S3440

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Sponsored By

Stephen M. Saland