Senate Bill S951B

2009-2010 Legislative Session

Requires fingerprinting of prospective employees of special education schools and special act school districts for purposes of a criminal background check

download bill text pdf

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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Actions

View Actions

Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Apr 01, 2010	print number 951b
Apr 01, 2010	amend and recommit to education
Jan 06, 2010	referred to education
Apr 21, 2009	reported and committed to codes
Apr 17, 2009	print number 951a
Apr 17, 2009	amend (t) and recommit to education
Mar 18, 2009	committee discharged and committed to education
Jan 22, 2009	referred to finance

Votes

- Apr 21, 2009 - Education Committee Vote
  S951B
  
  Aye
  
  18
  
  Nay
  
  0
  
  Aye with Reservations
  
  1
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  
  0
  - - Education Committee Vote: Apr 21, 2009
      
      aye (18)
      
      Addabbo Jr.
      
      Breslin
      
      Espada
      
      Flanagan
      
      Foley
      
      Huntley
      
      Johnson
      
      LaValle
      
      Little
      
      Marcellino
      
      Montgomery
      
      Oppenheimer
      
      Padavan
      
      Saland
      
      Serrano
      
      Seward
      
      Squadron
      
      Stavisky
      
      aye wr (1)
      
      Morahan

Bill Amendments

2009-S951 - Details

Current Committee:: Senate Education
Law Section:: Education Law
Laws Affected:: Amd §§305, 3035, 4212, 4314, 4358, 4463, 4410 & 1125, Ed L; amd §12, Chap 147 of 2001

2009-S951 - Summary

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

2009-S951 - Sponsor Memo

                                 BILL NUMBER:  S951

 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 and special act school districts for the
purpose of conducting criminal history record checks; to amend chapter
147 of the laws of 2001, amending the education law relating to
conditional appointment of school district, charter school or BOCES
employees, in relation to extending the effectiveness of such chapter
and making an appropriation therefor


 PURPOSE :

To extend the public school employee criminal background check and
abuse reporting requirements on special education school districts and
to clarify that such requirements apply to special act school
districts. To extend by two years, a school district's, charter school
and BOCES authority to make conditional hires pending outcomes of
criminal background checks.

 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 special act 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 or emergency conditional appointments are made applicable
to special education or special act schools.

Section 4 of the bill adds new paragraphs (f) and (g) to subdivision
30 of section 305 of the Education Law to define special education and
special act school districts.

Section 5 of the bill amends subdivision 1 of section 3035 or 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 to submit the
fingerprints to the Federal Bureau of Investigation (FBI) for a
criminal records check also applicable to fingerprints received from a
special education school or special act school district 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 and special act 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 and special act schools. And amends subdivision 3-a of
section 3035 to authorize the sharing of criminal history record
information on employees of special education and special act 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 and
special act schools located outside New York City and to the City of
New York for special education and special act 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 599-cc or 1209-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 tree 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 599-cc or 1209-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 599-cc or 1209-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 II of section
4403 of the Education Law to require that applicants for employment by
Chapter 853 schools be fingerprinted in accordance with subdivision 23
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 599-cc or 1209-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 599-cc or 1209-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 and
special act school districts in the definition of employee,
Subdivision 5 of section 1125 of the Education Law is amended to
special education and special act 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 or special act
schools. This bill section only takes effect if the provisions of
Chapter 147 expire and are deemed repealed.



Section 18 extends a school district, charter school or BOCES ability
to make conditional hires of prospective employees for two additional
years.

Section 19 appropriates $450,000 to the State Education Department for
its expenses in implementing this bill in the first year.

Section 19 is the effective date.

 JUSTIFICATION :
All children attending schools in New York should be equally protected
by our laws. Chapter 180 of the Laws of 2000 required prospective
employees of school districts, BOCES and charter schools to undergo
fingerprinting and criminal background checks prior to employment.
Unfortunately, the legislation did not include other 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. This legislation seeks to close the
loophole in the original law. In addition, current law needs to be
clarified to ensure that employees of special act school districts are
screened.

This legislation also 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.

Extending school district, charter school and BOCES authority to make
conditional hires of prospective employees for two additional years in
important because it allows school districts to fill quickly fill
positions in an accelerated time frame.

 LEGISLATIVE HISTORY :
2007-08:  S.5741 - Referred to Finance

 FISCAL IMPLICATIONS :

This legislation appropriates $450,000 to the State Education
Department to offset the estimated cost of processing the
applications.

 EFFECTIVE DATE :
This act would take effect on the 180th day after it shall have become
a law, provided that sections 18 and 19 of this act shall take effect
immediately; provided further that sections one, two, three, five and
six of this act shall take effect on the same date as chapter 630 of
the laws of 2006 takes effect; provided further, that 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;
provided further that the provisions of this act shall apply to
prospective employees of special education schools or special act
school districts 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;
provided further that 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 that repeal of such paragraph and shall be deemed
repealed therewith; and provided further that 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 such date the provisions of section seventeen
of this act take effect.

2009-S951 - Bill Text download pdf

co-Sponsors

View additional co-sponsors

2009-S951A - Details

Current Committee:: Senate Education
Law Section:: Education Law
Laws Affected:: Amd §§305, 3035, 4212, 4314, 4358, 4463, 4410 & 1125, Ed L; amd §12, Chap 147 of 2001

2009-S951A - Summary

2009-S951A - Sponsor Memo

                                 BILL NUMBER:  S951A

 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 and special act school districts for the
purpose of conducting criminal history record checks; and to amend
chapter 147 of the laws of 2001, amending the education law relating
to conditional appointment of school district, charter school or BOCES
employees, in relation to extending the effectiveness of such chapter


 PURPOSE :

To extend the public school employee criminal background check and
abuse reporting requirements on special education school districts and
to clarify that such requirements apply to special act school
districts. To extend by two years, a school district's, charter school
and BOCES authority to make conditional hires pending outcomes of
criminal background checks.

 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 special act 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 or emergency conditional appointments are made applicable
to special education or special act schools.

Section 4 of the bill adds new paragraphs (f) and (g) to subdivision
30 of section 305 of the Education Law to define special education and
special act school districts.

Section 5 of the bill amends subdivision 1 of section 3035 or 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 to submit the
fingerprints to the Federal Bureau of Investigation (FBI) for a
criminal records check also applicable to fingerprints received from a
special education school or special act school district 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 and special act 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 and special act schools. And amends subdivision 3-a of
section 3035 to authorize the sharing of criminal history record
information on employees of special education and special act 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 and
special act schools located outside New York City and to the City of
New York for special education and special act 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 599-cc or 1209-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 tree 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 599-cc or 1209-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 599-cc or 1209-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 II of section
4403 of the Education Law to require that applicants for employment by
Chapter 853 schools be fingerprinted in accordance with subdivision 23
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 599-cc or 1209-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 599-cc or 1209-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 and
special act school districts in the definition of employee,
Subdivision 5 of section 1125 of the Education Law is amended to
special education and special act 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 or special act
schools. This bill section only takes effect if the provisions of
Chapter 147 expire and are deemed repealed.



Section 18 extends a school district, charter school or BOCES ability
to make conditional hires of prospective employees for two additional
years.

Section 19 is the effective date.

 JUSTIFICATION :
All children attending schools in New York should be equally protected
by our laws. Chapter 180 of the Laws of 2000 required prospective
employees of school districts, BOCES and charter schools to undergo
fingerprinting and criminal background checks prior to employment.
Unfortunately, the legislation did not include other 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. This legislation seeks to close the
loophole in the original law. In addition, current law needs to be
clarified to ensure that employees of special act school districts are
screened.  This legislation also 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.  Extending school district, charter school and BOCES
authority to make conditional hires of prospective employees for two
additional years in important because it allows school districts to
fill quickly fill positions in an accelerated time frame.

 LEGISLATIVE HISTORY :
2007-08: S.5741 - Referred to Finance

 FISCAL IMPLICATIONS :
None.

 EFFECTIVE DATE :
This act would take effect on the 180th day after it shall have become
a law, provided that sections 18 and 19 of this act shall take effect
immediately; provided further that sections one, two, three, five and
six of this act shall take effect on the same date as chapter 630 of
the laws of 2006 takes effect; provided further, that 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;
provided further that the provisions of this act shall apply to
prospective employees of special education schools or special act
school districts 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;
provided further that 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 that repeal of such paragraph and shall be deemed
repealed therewith; and provided further that the amendments to
subdivision 3 of sect ion 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 such date the provisions of section seventeen
of this act take effect.

2009-S951A - Bill Text download pdf

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

                                 951--A

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            January 22, 2009
                               ___________

Introduced  by  Sens. C. JOHNSON, ADAMS, DIAZ, ONORATO, PARKER, THOMPSON
  -- read twice and ordered printed, and when printed to be committed to
  the Committee on Finance -- committee discharged and said bill commit-
  ted to the  Committee  on  Education  --  committee  discharged,  bill
  amended,  ordered reprinted as amended and recommitted to said commit-
  tee

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 and special act school districts for the purpose of
  conducting criminal history record checks; and to amend chapter 147 of
  the laws of 2001, amending the education law relating  to  conditional
  appointment  of school district, charter school or BOCES employees, in
  relation to extending the effectiveness of such chapter

  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,  SPECIAL  EDUCATION  SCHOOLS
AND  SPECIAL  ACT SCHOOL DISTRICTS 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05961-02-9

S. 951--A                           2

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,  SPECIAL  EDUCA-
TION  SCHOOLS  AND  SPECIAL ACT SCHOOL DISTRICTS, 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
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 OR SPECIAL ACT SCHOOL DISTRICTS 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, SPECIAL ACT
SCHOOL  DISTRICTS  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;
  (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,  SPECIAL  ACT  SCHOOL DISTRICT or
nonpublic or private elementary  or  secondary  school  within  [twelve-
months] TWELVE MONTHS of such termination, 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. 951--A                           3

  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,  SPECIAL  ACT  SCHOOL  DISTRICTS 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  condi-
tional appointment is offered.
  S  4. Subdivision 30 of section 305 of the education law is amended by
adding two new paragraphs (f) and (g) to read as follows:
  (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.
  (G)  AS USED IN THIS SECTION, "SPECIAL ACT SCHOOL DISTRICT" SHALL MEAN
THOSE SCHOOL DISTRICTS ENUMERATED IN CHAPTER FIVE HUNDRED  SIXTY-SIX  OF
THE LAWS OF NINETEEN HUNDRED SIXTY-SEVEN AS AMENDED, WHICH CONTRACT WITH
PUBLIC  SCHOOL  DISTRICTS OR SOCIAL SERVICES DISTRICTS FOR THE EDUCATION
OF CHILDREN WITH HANDICAPPING CONDITIONS PURSUANT TO ARTICLE  EIGHTY-ONE
OR EIGHTY-NINE 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, 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 OR A SPECIAL ACT SCHOOL DISTRICT,
AS DEFINED IN PARAGRAPH (G)  OF  SUBDIVISION  THIRTY  OF  SECTION  THREE
HUNDRED  FIVE  OF  THIS  CHAPTER, PURSUANT TO TITLE SIX OF THIS CHAPTER,
OTHER THAN A SPECIAL ACT SCHOOL DISTRICT 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  thir-
ty-seven  of the executive law and any fee imposed by the federal bureau
of investigation. The division of  criminal  justice  services  and  the
federal  bureau  of  investigation  shall  forward such criminal history
record to the 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

S. 951--A                           4

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, SPECIAL ACT SCHOOL DISTRICT  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 execu-
tive law and article twenty-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 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, SPECIAL ACT SCHOOL DISTRICT 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  notifica-
tion  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 finger-
prints. All determinations to grant or deny  conditional  clearance  for
employment  pursuant  to this paragraph shall be performed in accordance
with subdivision sixteen of section two hundred ninety-six of the execu-
tive 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 OR SPECIAL ACT
SCHOOL DISTRICT 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  employ-
ment  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  OR  SPECIAL  ACT  SCHOOL DISTRICT THAT IS LOCATED OUTSIDE OF THE
CITY SCHOOL DISTRICT OF THE CITY OF NEW YORK, such  school  district  OR

S. 951--A                           5

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  OR  SPECIAL  ACT  SCHOOL DISTRICT 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-
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

S. 951--A                           6

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
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

S. 951--A                           7

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
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 OF THIS SECTION;
  S  14.  Section  4403  of the education law is amended by adding a new
subdivision 20 to read as follows:
  20. 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-

S. 951--A                           8

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
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

S. 951--A                           9

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,  A  SPECIAL  ACT SCHOOL DISTRICT AS DEFINED IN PARAGRAPH (G) 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 consistent 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, A SPECIAL ACT SCHOOL DISTRICT AS DEFINED IN PARAGRAPH  (G)
OF SUBDIVISION THIRTY OF SECTION THREE HUNDRED FIVE OF THIS CHAPTER, the
vehicles  provided  by  the school district, SPECIAL EDUCATION SCHOOL OR
SPECIAL ACT SCHOOL DISTRICT 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-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, SPECIAL ACT SCHOOL DISTRICT 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 subdivision shall be performed in accordance
with subdivision sixteen of section two hundred ninety-six of the execu-
tive  law  and  article  twenty-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 opposition to such determination in  accordance
with the regulations of the commissioner.
  S  18.  Section  12  of  chapter 147 of the laws of 2001, amending the
education law relating to conditional appointment  of  school  district,
charter  school or BOCES employees, as amended by chapter 90 of the laws
of 2007, is amended to read as follows:
  S 12. This act shall take effect on the same date as  chapter  180  of
the laws of 2000 takes effect, and shall expire July 1, [2009] 2011 when
upon such date the provisions of this act shall be deemed repealed.
  S  19.  This act shall take effect immediately; provided that sections
four, seven, eight,  nine,  ten,  eleven,  twelve,  thirteen,  fourteen,

S. 951--A                          10

fifteen  and  sixteen  of  this act shall take effect on the one hundred
eightieth day after it shall have become a law; provided  further,  that
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;
provided further that the provisions of this act shall apply to prospec-
tive  employees  of  special  education  schools  or  special act school
districts who are appointed on or after such effective date and to indi-
vidual 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; provided further
that 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
provided further that 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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2009-S951B (ACTIVE) - Details

Current Committee:: Senate Education
Law Section:: Education Law
Laws Affected:: Amd §§305, 3035, 4212, 4314, 4358, 4463, 4410 & 1125, Ed L; amd §12, Chap 147 of 2001

2009-S951B (ACTIVE) - Summary

2009-S951B (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S951B

 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 and special act school districts for the
purpose of conducting criminal history record checks; and to amend
chapter 147 of the laws of 2001, amending the education law relating
to conditional appointment of school district, charter school or BOCES
employees, in relation to extending the effectiveness of such chapter


 PURPOSE :

To extend the public school employee criminal background check and
abuse reporting requirements on special education school districts and
to clarify that such requirements apply to special act school
districts. To extend by two years, a school district's, charter school
and BOCES authority to make conditional hires pending outcomes of
criminal background checks.

 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 special act 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 or emergency conditional appointments are made applicable
to special education or special act schools.

Section 4 of the bill adds new paragraphs (f) and (g) to subdivision
30 of section 305 of the Education Law to define special education and
special act school districts.

Section 5 of the bill amends subdivision 1 of section 3035 or the
Educa- tion 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 to submit the
fingerprints to the Federal Bureau of Investigation (FBI) for a
criminal records check also applicable to fingerprints received from a
special education school or special act school district 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 and special act 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 and special act schools. And amends subdivision 3-a of
section 3035 to authorize the sharing of criminal history record
information on employees of special education and special act 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 and
special act schools located outside New York City and to the City of
New York for special education and special act 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 599-cc or 1209-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 tree 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 599-cc or 1209-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 Stake 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 599-cc or 1209-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 II of section
4403 of the Education Law to require that applicants for employment by
Chapter 853 schools be fingerprinted in accordance with subdivision 23
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 599-cc or 1209-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 599-cc or 1209-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 and
special act school districts in the definition of employee,
Subdivision 5 of section 1125 of the Education Law is amended to
special education and special act 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 or special act
schools. This bill section only takes effect if the provisions of
Chapter 147 expire and are deemed repealed.



Section 18 extends a school district, charter school or BOCES ability
to make conditional hires of prospective employees for two additional
years.

Section 19 is the effective date.

 JUSTIFICATION :
All children attending schools in New York should be equally protected
by our laws. Chapter 180 of the Laws of 2000 required prospective
employees of school districts, BOCES and charter schools to undergo
fingerprinting and criminal background checks prior to employment.
Unfortunately, the legislation did not include other 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. This legislation seeks to close the
loophole in the original law. In addition, current law needs to be
clarified to ensure that employees of special act school districts are
screened.  This legislation also 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. Extending school district, charter school and
BOCES authority to make conditional hires of prospective employees for
two additional years in important because it allows school districts
to fill quickly fill positions in an accelerated time frame.

 LEGISLATIVE HISTORY :
2007-08: S.5741 - Referred to Finance

 FISCAL IMPLICATIONS :
None.

 EFFECTIVE DATE :
This act would take effect on the 180th day after it shall have become
a law, provided that sections 18 and 19 of this act shall take effect
immediately; provided further that sections one, two, three, five and
six of this act shall take effect on the same date as chapter 630 of
the laws of 2006 takes effect; provided further, that 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;
provided further that the provisions of this act shall apply to
prospective employees of special education schools or special act
school districts 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;
provided further that 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 that repeal of such paragraph and shall be deemed
repealed therewith; and provided further that 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 such date the provisions of section seventeen
of this act take effect.

2009-S951B (ACTIVE) - Bill Text download pdf

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

                                 951--B

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            January 22, 2009
                               ___________

Introduced  by  Sens. C. JOHNSON, ADAMS, DIAZ, ONORATO, PARKER, THOMPSON
  -- read twice and ordered printed, and when printed to be committed to
  the Committee on Finance -- committee discharged and said bill commit-
  ted to the  Committee  on  Education  --  committee  discharged,  bill
  amended,  ordered reprinted as amended and recommitted to said commit-
  tee -- recommitted to the Committee on Education  in  accordance  with
  Senate  Rule  6, sec. 8 -- committee discharged, bill amended, ordered
  reprinted as amended and recommitted to said committee

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 and special act school districts for the purpose of
  conducting criminal history record checks; and to amend chapter 147 of
  the laws of 2001, amending the education law relating  to  conditional
  appointment  of school district, charter school or BOCES employees, in
  relation to extending the effectiveness of such chapter

  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,  SPECIAL  EDUCATION  SCHOOLS
AND  SPECIAL  ACT SCHOOL DISTRICTS 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05961-03-0

S. 951--B                           2

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 secondary schools,  SPECIAL  EDUCA-
TION  SCHOOLS  AND  SPECIAL ACT SCHOOL DISTRICTS, 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
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 OR SPECIAL ACT SCHOOL DISTRICTS 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, SPECIAL ACT
SCHOOL  DISTRICTS  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;
  (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,  SPECIAL  ACT  SCHOOL DISTRICT or
nonpublic or private elementary  or  secondary  school  within  [twelve-
months] TWELVE MONTHS of such termination, 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. 951--B                           3

  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,  SPECIAL  ACT  SCHOOL  DISTRICTS 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  condi-
tional appointment is offered.
  S  4. Subdivision 30 of section 305 of the education law is amended by
adding two new paragraphs (f) and (g) to read as follows:
  (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.
  (G)  AS USED IN THIS SECTION, "SPECIAL ACT SCHOOL DISTRICT" SHALL MEAN
THOSE SCHOOL DISTRICTS ENUMERATED IN CHAPTER FIVE HUNDRED  SIXTY-SIX  OF
THE LAWS OF NINETEEN HUNDRED SIXTY-SEVEN AS AMENDED, WHICH CONTRACT WITH
PUBLIC  SCHOOL  DISTRICTS OR SOCIAL SERVICES DISTRICTS FOR THE EDUCATION
OF CHILDREN WITH HANDICAPPING CONDITIONS PURSUANT TO ARTICLE  EIGHTY-ONE
OR EIGHTY-NINE 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, 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 OR A SPECIAL ACT SCHOOL DISTRICT,
AS DEFINED IN PARAGRAPH (G)  OF  SUBDIVISION  THIRTY  OF  SECTION  THREE
HUNDRED  FIVE  OF  THIS  CHAPTER, PURSUANT TO TITLE SIX OF THIS CHAPTER,
OTHER THAN A SPECIAL ACT SCHOOL DISTRICT 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  thir-
ty-seven  of the executive law and any fee imposed by the federal bureau
of investigation. The division of  criminal  justice  services  and  the
federal  bureau  of  investigation  shall  forward such criminal history
record to the 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

S. 951--B                           4

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, SPECIAL ACT SCHOOL DISTRICT  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 execu-
tive law and article twenty-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 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, SPECIAL ACT SCHOOL DISTRICT 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  notifica-
tion  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 finger-
prints. All determinations to grant or deny  conditional  clearance  for
employment  pursuant  to this paragraph shall be performed in accordance
with subdivision sixteen of section two hundred ninety-six of the execu-
tive 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 OR SPECIAL ACT
SCHOOL DISTRICT 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  employ-
ment  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  OR  SPECIAL  ACT  SCHOOL DISTRICT THAT IS LOCATED OUTSIDE OF THE
CITY SCHOOL DISTRICT OF THE CITY OF NEW YORK, such  school  district  OR

S. 951--B                           5

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  OR  SPECIAL  ACT  SCHOOL DISTRICT 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-
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

S. 951--B                           6

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
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

S. 951--B                           7

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
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 OF THIS SECTION;
  S  14.  Section  4403  of the education law is amended by adding a new
subdivision 20 to read as follows:
  20. 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-

S. 951--B                           8

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
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

S. 951--B                           9

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,  A  SPECIAL  ACT SCHOOL DISTRICT AS DEFINED IN PARAGRAPH (G) 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 consistent 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, A SPECIAL ACT SCHOOL DISTRICT AS DEFINED IN PARAGRAPH  (G)
OF SUBDIVISION THIRTY OF SECTION THREE HUNDRED FIVE OF THIS CHAPTER, the
vehicles  provided  by  the school district, SPECIAL EDUCATION SCHOOL OR
SPECIAL ACT SCHOOL DISTRICT 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-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, SPECIAL ACT SCHOOL DISTRICT 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 subdivision shall be performed in accordance
with subdivision sixteen of section two hundred ninety-six of the execu-
tive  law  and  article  twenty-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 opposition to such determination in  accordance
with the regulations of the commissioner.
  S  18.  Section  12  of  chapter 147 of the laws of 2001, amending the
education law relating to conditional appointment  of  school  district,
charter school or BOCES employees, as amended by chapter 179 of the laws
of 2009, is amended to read as follows:
  S  12.  This  act shall take effect on the same date as chapter 180 of
the laws of 2000 takes effect, and shall expire July 1, [2010] 2011 when
upon such date the provisions of this act shall be deemed repealed.
  S 19. This act shall take effect immediately; provided  that  sections
four,  seven,  eight,  nine,  ten,  eleven,  twelve, thirteen, fourteen,

S. 951--B                          10

fifteen and sixteen of this act shall take effect  on  the  one  hundred
eightieth  day  after it shall have become a law; provided further, that
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;
provided further that the provisions of this act shall apply to prospec-
tive  employees  of  special  education  schools  or  special act school
districts who are appointed on or after such effective date and to indi-
vidual 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; provided further
that 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
provided further that 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 S951B

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Apr 21, 2009 - Education Committee Vote

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Bill Amendments

2009-S951 - Details

2009-S951 - Summary

2009-S951 - Sponsor Memo

2009-S951 - Bill Text download pdf

co-Sponsors

2009-S951A - Details

2009-S951A - Summary

2009-S951A - Sponsor Memo

2009-S951A - Bill Text download pdf

co-Sponsors

2009-S951B (ACTIVE) - Details

2009-S951B (ACTIVE) - Summary

2009-S951B (ACTIVE) - Sponsor Memo

2009-S951B (ACTIVE) - Bill Text download pdf

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