NY State Assembly Bill 2009-A1629

Assembly Bill A1629

2009-2010 Legislative Session

Requires all prekindergarten teachers to be fingerprinted regardless of their certification

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Archive: Last Bill Status - In Assembly 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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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2010	referred to education
Jan 07, 2009	referred to education

co-Sponsors

multi-Sponsors

2009-A1629 (ACTIVE) - Details

Current Committee:: Assembly Education
Law Section:: Education Law
Laws Affected:: Amd §§305, 1604, 1709, 1804, 1950, 2503, 2554 & 2854, Ed L

2009-A1629 (ACTIVE) - Summary

Requires all prekindergarten teachers to be fingerprinted regardless of their certification.

2009-A1629 (ACTIVE) - Bill Text download pdf

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

                                  1629

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 7, 2009
                               ___________

Introduced  by M. of A. ZEBROWSKI, DINOWITZ, SPANO, EDDINGTON, ROBINSON,
  PHEFFER -- Multi-Sponsored by -- M. of A.  HOOPER,  MAYERSOHN,  TOWNS,
  WEISENBERG -- read once and referred to the Committee on Education

AN  ACT to amend the education law, in relation to the fingerprinting of
  prekindergarten teachers regardless of their certification

  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.  FOR THE
PURPOSES OF THIS PARAGRAPH, THE TERM  "EMPLOYEES"  SHALL  INCLUDE    ALL
PREKINDERGARTEN  TEACHERS REGARDLESS OF THEIR CERTIFICATION. The commis-
sioner 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 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
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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02526-01-9

A. 1629                             2

fingerprints remain on  file  with  the  division  of  criminal  justice
services  shall  be required to undergo fingerprinting for purposes of a
new criminal history record check. This subdivision and  the  rules  and
regulations  promulgated  pursuant  thereto  shall not apply to a school
district within a city with a population of one million or more.
  S 2. Paragraph a of subdivision 39 of section 1604  of  the  education
law,  as  amended by chapter 147 of the laws of 2001, is amended to read
as follows:
  a. Shall require, for purposes of a criminal history record check, the
fingerprinting of all prospective employees pursuant  to  section  three
thousand  thirty-five  of  this chapter, who do not hold valid clearance
pursuant to such section or pursuant to section three thousand four-b of
this chapter or section five hundred nine-cc or twelve  hundred  twenty-
nine-d  of  the vehicle and traffic law. Prior to initiating the finger-
printing process, the prospective employer shall furnish  the  applicant
with  the  form  described  in  paragraph  (c)  of subdivision thirty of
section three hundred five of this chapter and shall obtain  the  appli-
cant's consent to the criminal history records search.  FOR THE PURPOSES
OF  THIS PARAGRAPH, THE TERM "EMPLOYEES" SHALL INCLUDE ALL PREKINDERGAR-
TEN TEACHERS REGARDLESS OF THEIR CERTIFICATION.  Every  set  of  finger-
prints taken pursuant to this subdivision shall be promptly submitted to
the commissioner for purposes of clearance for employment.
  S  3. Subdivision 39 of section 1604 of the education law, as added by
chapter 180 of the laws of 2000, is amended to read as follows:
  39. Shall require, for purposes of a criminal  history  record  check,
the  fingerprinting  of  all  prospective  employees pursuant to section
three thousand thirty-five of this chapter, who do not hold valid clear-
ance pursuant to such section or  pursuant  to  section  three  thousand
four-b of this chapter or section five hundred nine-cc or twelve hundred
twenty-nine-d  of  the  vehicle and traffic law. Prior to initiating the
fingerprinting process,  the  prospective  employer  shall  furnish  the
applicant with the form described in paragraph (c) of subdivision thirty
of  section  three  hundred  five  of  this chapter and shall obtain the
applicant's consent to the criminal history records  search.    FOR  THE
PURPOSES  OF  THIS  SUBDIVISION,  THE TERM "EMPLOYEES" SHALL INCLUDE ALL
PREKINDERGARTEN TEACHERS REGARDLESS OF THEIR CERTIFICATION. 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.  FOR THE PURPOSES
OF THIS PARAGRAPH, THE TERM "EMPLOYEES" SHALL INCLUDE ALL  PREKINDERGAR-
TEN  TEACHERS  REGARDLESS  OF  THEIR CERTIFICATION. Every set of finger-
prints taken pursuant to this subdivision shall be promptly submitted to
the commissioner for purposes of clearance for employment.

A. 1629                             3

  S 5. Subdivision 39 of section 1709 of the education law, as added  by
chapter 180 of the laws of 2000, is amended to read as follows:
  39.  Shall  require,  for purposes of a criminal history record check,
the fingerprinting of all  prospective  employees  pursuant  to  section
three thousand thirty-five of this chapter, who do not hold valid clear-
ance  pursuant  to  such  section  or pursuant to section three thousand
four-b of this chapter or section five hundred nine-cc or twelve hundred
twenty-nine-d of the vehicle and traffic law. Prior  to  initiating  the
fingerprinting  process,  the  prospective  employer  shall  furnish the
applicant with the form described in paragraph (c) of subdivision thirty
of section three hundred five of  this  chapter  and  shall  obtain  the
applicant's  consent  to  the  criminal history records search.  FOR THE
PURPOSES OF THIS SUBDIVISION, THE TERM  "EMPLOYEES"  SHALL  INCLUDE  ALL
PREKINDERGARTEN TEACHERS REGARDLESS OF THEIR CERTIFICATION. Every set of
fingerprints  taken  pursuant  to  this  subdivision  shall  be promptly
submitted to the commissioner for purposes of clearance for employment.
  S 6. Paragraph a of subdivision 9 of section  1804  of  the  education
law,  as  amended by chapter 147 of the laws of 2001, is amended to read
as follows:
  a. The board of education shall, for purposes of  a  criminal  history
record  check,  require  the fingerprinting of all prospective employees
pursuant to section three thousand thirty-five of this chapter,  who  do
not hold valid clearance pursuant to such section or pursuant to section
three thousand four-b of this chapter or section five hundred nine-cc or
twelve  hundred  twenty-nine-d  of the vehicle and traffic law. Prior to
initiating the fingerprinting process, the  prospective  employer  shall
furnish the applicant with the form described in paragraph (c) of subdi-
vision  thirty  of  section three hundred five of this chapter and shall
obtain the applicant's consent to the criminal history  records  search.
FOR  THE  PURPOSES OF THIS PARAGRAPH, THE TERM "EMPLOYEES" SHALL INCLUDE
ALL PREKINDERGARTEN TEACHERS REGARDLESS OF  THEIR  CERTIFICATION.  Every
set of fingerprints taken pursuant to this subdivision shall be promptly
submitted to the commissioner for purposes of clearance for employment.
  S  7.  Subdivision 9 of section 1804 of the education law, as added by
chapter 180 of the laws of 2000, is amended to read as follows:
  9. The board of education shall, for purposes of  a  criminal  history
record  check,  require  the fingerprinting of all prospective employees
pursuant to section three thousand thirty-five of this chapter,  who  do
not hold valid clearance pursuant to such section or pursuant to section
three thousand four-b of this chapter or section five hundred nine-cc or
twelve  hundred  twenty-nine-d  of the vehicle and traffic law. Prior to
initiating the fingerprinting process, the  prospective  employer  shall
furnish the applicant with the form described in paragraph (c) of subdi-
vision  thirty  of  section three hundred five of this chapter and shall
obtain the applicant's consent to the criminal history  records  search.
FOR THE PURPOSES OF THIS SUBDIVISION, THE TERM "EMPLOYEES" SHALL INCLUDE
ALL  PREKINDERGARTEN  TEACHERS  REGARDLESS OF THEIR CERTIFICATION. Every
set of fingerprints taken pursuant to this subdivision shall be promptly
submitted to the commissioner for purposes of clearance for employment.
  S 8. Subparagraph a of paragraph ll of subdivision 4 of  section  1950
of  the education law, as amended by chapter 147 of the laws of 2001, is
amended to read as follows:
  a. Shall require, for purposes of a criminal history record check, the
fingerprinting of all prospective employees pursuant  to  section  three
thousand  thirty-five  of  this chapter, who do not hold valid clearance
pursuant to such section or pursuant to section three thousand four-b of

A. 1629                             4

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. FOR THE PURPOSES
OF THIS SUBPARAGRAPH, THE TERM "EMPLOYEES" SHALL INCLUDE ALL  PREKINDER-
GARTEN  TEACHERS REGARDLESS OF THEIR CERTIFICATION. Every set of finger-
prints taken pursuant to this paragraph shall be promptly  submitted  to
the commissioner for purposes of clearance for employment.
  S  9.  Paragraph  ll of subdivision 4 of section 1950 of the education
law, as added by chapter 180 of the laws of 2000, is amended to read  as
follows:
  ll.  Shall  require,  for purposes of a criminal history record check,
the fingerprinting of all  prospective  employees  pursuant  to  section
three thousand thirty-five of this chapter, who do not hold valid clear-
ance  pursuant  to  such  section  or pursuant to section three thousand
four-b of this chapter or section five hundred nine-cc or twelve hundred
twenty-nine-d of the vehicle and traffic law. Prior  to  initiating  the
fingerprinting  process,  the  prospective  employer  shall  furnish the
applicant with the form described in paragraph (c) of subdivision thirty
of section three hundred five of  this  chapter  and  shall  obtain  the
applicant's  consent  to  the  criminal  history records search. FOR THE
PURPOSES OF THIS PARAGRAPH,  THE  TERM  "EMPLOYEES"  SHALL  INCLUDE  ALL
PREKINDERGARTEN TEACHERS REGARDLESS OF THEIR CERTIFICATION. Every set of
fingerprints  taken pursuant to this paragraph shall be promptly submit-
ted to the commissioner for purposes of clearance for employment.
  S 10. Paragraph a of subdivision 18 of section 2503 of  the  education
law,  as  amended by chapter 147 of the laws of 2001, is amended to read
as follows:
  a. Shall require, for purposes of a criminal history record check, the
fingerprinting of all prospective employees pursuant  to  section  three
thousand  thirty-five  of  this chapter, who do not hold valid clearance
pursuant to such section or pursuant to section three thousand four-b of
this chapter or section five hundred nine-cc or twelve  hundred  twenty-
nine-d  of  the vehicle and traffic law. Prior to initiating the finger-
printing process, the prospective employer shall furnish  the  applicant
with  the  form  described  in  paragraph  (c)  of subdivision thirty of
section three hundred five of this chapter and shall obtain  the  appli-
cant's consent to the criminal history records search.  FOR THE PURPOSES
OF  THIS PARAGRAPH, THE TERM "EMPLOYEES" SHALL INCLUDE ALL PREKINDERGAR-
TEN TEACHERS REGARDLESS OF THEIR CERTIFICATION.  Every  set  of  finger-
prints taken pursuant to this subdivision shall be promptly submitted to
the commissioner for purposes of clearance for employment.
  S 11. Subdivision 18 of section 2503 of the education law, as added by
chapter 180 of the laws of 2000, is amended to read as follows:
  18.  Shall  require,  for purposes of a criminal history record check,
the fingerprinting of all  prospective  employees  pursuant  to  section
three thousand thirty-five of this chapter, who do not hold valid clear-
ance  pursuant  to  such  section  or pursuant to section three thousand
four-b of this chapter or section five hundred nine-cc or twelve hundred
twenty-nine-d of the vehicle and traffic law. Prior  to  initiating  the
fingerprinting  process,  the  prospective  employer  shall  furnish the
applicant with the form described in paragraph (c) of subdivision thirty
of section three hundred five of  this  chapter  and  shall  obtain  the
applicant's  consent  to  the  criminal history records search.  FOR THE

A. 1629                             5

PURPOSES OF THIS SUBDIVISION, THE TERM  "EMPLOYEES"  SHALL  INCLUDE  ALL
PREKINDERGARTEN TEACHERS REGARDLESS OF THEIR CERTIFICATION. Every set of
fingerprints  taken  pursuant  to  this  subdivision  shall  be promptly
submitted to the commissioner for purposes of clearance for employment.
  S  12.  Paragraph a of subdivision 25 of section 2554 of the education
law, as amended by section 2 of chapter 91  of  the  laws  of  2002,  is
amended to read as follows:
  a. Shall require, for purposes of a criminal history record check, the
fingerprinting  of  all  prospective employees pursuant to section three
thousand thirty-five of this chapter, who do not  hold  valid  clearance
pursuant to such section or pursuant to section three thousand four-b of
this  chapter  or section five hundred nine-cc or twelve hundred twenty-
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.  FOR THE PURPOSES
OF THIS PARAGRAPH, THE TERM "EMPLOYEES" SHALL INCLUDE ALL  PREKINDERGAR-
TEN  TEACHERS  REGARDLESS  OF  THEIR CERTIFICATION. Every set of finger-
prints taken pursuant to this subdivision shall be promptly submitted to
the commissioner for purposes of clearance for employment.
  S 13. Subdivision 25 of section 2554 of the education law, as  amended
by  section  4  of chapter 91 of the laws of 2002, is amended to read as
follows:
  25. Shall require, for purposes of a criminal  history  record  check,
the  fingerprinting  of  all  prospective  employees pursuant to section
three thousand thirty-five of this chapter, who do not hold valid clear-
ance pursuant to such section or  pursuant  to  section  three  thousand
four-b of this chapter or section five hundred nine-cc or twelve hundred
twenty-nine-d  of  the  vehicle and traffic law. Prior to initiating the
fingerprinting process,  the  prospective  employer  shall  furnish  the
applicant with the form described in paragraph (c) of subdivision thirty
of  section  three  hundred  five  of  this chapter and shall obtain the
applicant's consent to the criminal history records  search.    FOR  THE
PURPOSES  OF  THIS  SUBDIVISION,  THE TERM "EMPLOYEES" SHALL INCLUDE ALL
PREKINDERGARTEN TEACHERS REGARDLESS OF THEIR CERTIFICATION. Every set of
fingerprints taken  pursuant  to  this  subdivision  shall  be  promptly
submitted to the commissioner for purposes of clearance for employment.
  S 14. Subdivision 25 of section 2554 of the education law, as added by
chapter 180 of the laws of 2000, is amended to read as follows:
  25.  Shall  require,  for purposes of a criminal history record check,
except in the city school district of the city of New York, the  finger-
printing 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 chap-
ter or section five hundred nine-cc or twelve hundred  twenty-nine-d  of
the  vehicle  and  traffic  law.  Prior to initiating the fingerprinting
process, the prospective employer shall furnish the applicant  with  the
form  described  in paragraph (c) of subdivision thirty of section three
hundred five of this chapter and shall obtain the applicant's consent to
the criminal history records search.  FOR THE PURPOSES OF THIS  SUBDIVI-
SION,  THE  TERM  "EMPLOYEES" SHALL INCLUDE ALL PREKINDERGARTEN TEACHERS
REGARDLESS OF THEIR  CERTIFICATION.  Every  set  of  fingerprints  taken
pursuant  to this subdivision shall be promptly submitted to the commis-
sioner for purposes of clearance for employment.

A. 1629                             6

  S 15. Subparagraph (i) of paragraph (a-2) of subdivision 3 of  section
2854  of  the  education  law,  as amended by chapter 147 of the laws of
2001, is amended to read as follows:
  (i)  The  board  of  trustees  of  a charter school shall require, for
purposes of a criminal history record check, the fingerprinting  of  all
prospective  employees pursuant to section three thousand thirty-five of
this chapter, who do not hold valid clearance pursuant to  such  section
or  pursuant to section three thousand four-b of this chapter or section
five hundred nine-cc or twelve hundred twenty-nine-d of the vehicle  and
traffic  law.  Prior  to  initiating  the  fingerprinting  process,  the
prospective employer shall furnish the applicant with the form described
in paragraph (c) of subdivision thirty of section three hundred five  of
this  chapter  and  shall obtain the applicant's consent to the criminal
history records search.  FOR THE PURPOSES OF THIS SUBPARAGRAPH, THE TERM
"EMPLOYEES" SHALL INCLUDE ALL  PREKINDERGARTEN  TEACHERS  REGARDLESS  OF
THEIR  CERTIFICATION.  Every  set of fingerprints taken pursuant to this
paragraph shall be promptly submitted to the commissioner  for  purposes
of clearance for employment.
  S  16.  Paragraph (a-2) of subdivision 3 of section 2854 of the educa-
tion law, as added by chapter 180 of the laws of  2000,  is  amended  to
read as follows:
  (a-2)  The  board  of  trustees of a charter school shall require, for
purposes of a criminal history record check, the fingerprinting  of  all
prospective  employees pursuant to section three thousand thirty-five of
this chapter, who do not hold valid clearance pursuant to  such  section
or  pursuant to section three thousand four-b of this chapter or section
five hundred nine-cc or twelve hundred twenty-nine-d of the vehicle  and
traffic  law.  Prior  to  initiating  the  fingerprinting  process,  the
prospective employer shall furnish the applicant with the form described
in paragraph (c) of subdivision thirty of section three hundred five  of
this  chapter  and  shall obtain the applicant's consent to the criminal
history records search.  FOR THE PURPOSES OF THIS  PARAGRAPH,  THE  TERM
"EMPLOYEES"  SHALL  INCLUDE  ALL  PREKINDERGARTEN TEACHERS REGARDLESS OF
THEIR CERTIFICATION. Every set of fingerprints taken  pursuant  to  this
paragraph  shall  be promptly submitted to the commissioner for purposes
of clearance for employment.
  S 17. This act shall take effect on the first of July next  succeeding
the date on which it shall have become a law; provided, however that the
amendments  to  sections  1604,  1709,  1804, 1950, 2503 and 2854 of the
education law, made by sections two, four, six, eight, ten  and  fifteen
of  this  act  shall  be subject to the expiration and reversion of such
provisions pursuant to section 12 of chapter 147 of the laws of 2001, as
amended, when upon such date the provisions  of  sections  three,  five,
seven,  nine,  eleven  and  sixteen  of  this  act shall take effect and
provided further that the amendments to paragraph a of subdivision 25 of
section 2554 of the education law made by section  twelve  of  this  act
shall  be  subject  to  the  expiration  and reversion of such paragraph
pursuant to section 12 of chapter 147 of the laws of 2001,  as  amended,
when upon such date the provisions of section thirteen of this act shall
take  effect; and provided further that the amendments to subdivision 25
of section 2554 of the education law made by section  thirteen  of  this
act shall be subject to the expiration and reversion of such subdivision
pursuant  to  section  34 of chapter 91 of the laws of 2002, as amended,
when upon such date the provisions of section fourteen of this act shall
take effect.

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Assembly Bill A1629

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Sponsored By

ZEBROWSKI

Archive: Last Bill Status - In Assembly Committee

co-Sponsors

Jeffrey Dinowitz

Mike Spano

Annette Robinson

Audrey Pheffer

multi-Sponsors

Earlene Hooper

Nettie Mayersohn

Darryl Towns

Harvey Weisenberg

2009-A1629 (ACTIVE) - Details

2009-A1629 (ACTIVE) - Summary

2009-A1629 (ACTIVE) - Bill Text download pdf

Comments