S T A T E O F N E W Y O R K
________________________________________________________________________
3642
2011-2012 Regular Sessions
I N A S S E M B L Y
January 26, 2011
___________
Introduced by M. of A. J. MILLER -- read once and referred to the
Committee on Education
AN ACT to amend the education law, in relation to the fingerprinting of
school district volunteers who come in direct contact with students
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Paragraphs (a), (b) and (c) of subdivision 30 of section
305 of the education law, paragraphs (b) and (c) as added by chapter 180
of the laws of 2000, paragraph (a), the opening paragraph and subpara-
graph (i) of paragraph (b) and subparagraph (vii) of paragraph (c) as
amended by chapter 630 of the laws of 2006, subparagraph (vi) of para-
graph (c) as added and subparagraph (viii) of paragraph (c) as renum-
bered by chapter 182 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 AND VOLUNTEERS WHO HAVE DIRECT AND UNSUPERVISED
CONTACT WITH STUDENTS, of school districts, charter schools and boards
of cooperative educational services and authorizing the fingerprinting
of prospective employees of nonpublic and private elementary and second-
ary schools, and for the use of information derived from searches of the
records of the division of criminal justice services and the federal
bureau of investigation based on the use of such fingerprints. The
commissioner shall also develop a form for use by school districts,
charter schools, boards of cooperative educational services, and nonpub-
lic and private elementary and secondary schools in connection with the
submission of fingerprints that contains the specific job title sought
and any other information that may be relevant to consideration of the
applicant OR VOLUNTEER. The commissioner shall also establish a form
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08186-01-1
A. 3642 2
for the recordation of allegations of child abuse in an educational
setting, as required pursuant to section eleven hundred twenty-six of
this chapter. No person who has been fingerprinted pursuant to section
three thousand four-b of this chapter or pursuant to section five
hundred nine-cc or twelve hundred twenty-nine-d of the vehicle and traf-
fic law and whose fingerprints remain on file with the division of crim-
inal 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.
(b) The commissioner, in cooperation with the division of criminal
justice services, shall promulgate a form to be provided to all such
prospective employees AND VOLUNTEERS WHO HAVE DIRECT AND UNSUPERVISED
CONTACT WITH STUDENTS of school districts, charter schools, boards of
cooperative educational services, and nonpublic and private elementary
and secondary schools that elect to fingerprint and seek clearance for
prospective employees that shall:
(i) inform the prospective employee OR VOLUNTEER that the commissioner
is required or authorized to request his or her criminal history infor-
mation 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 crimi-
nal justice services;
(ii) inform the prospective employee OR VOLUNTEER that he or she has
the right to obtain, review and seek correction of his or her criminal
history information pursuant to regulations and procedures established
by the division of criminal justice services.
(c) The prospective employer shall obtain the signed, informed consent
of the prospective employee OR VOLUNTEER on such form supplied by the
commissioner which indicates that such person has:
(i) been informed of the right and procedures necessary to obtain,
review and seek correction of his or her criminal history information;
(ii) been informed of the reason for the request for his or her crimi-
nal history information;
(iii) consented to such request for a report;
(iv) supplied on the form a current mailing or home address for the
prospective employee OR VOLUNTEER;
(v) been informed that he or she may withdraw his or her application
for employment pursuant to this section, without prejudice, at any time
before employment is offered or declined, regardless of whether the
prospective employee OR VOLUNTEER or employer has reviewed such prospec-
tive employee's criminal history information;
(vi) where the applicant is to be fingerprinted pursuant to section
three thousand thirty-five of this chapter, the process for seeking a
waiver of the fees associated with conducting a criminal history records
check, pursuant to paragraph (b) of subdivision four of section three
thousand thirty-five of this chapter,
(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, or nonpublic or private elementary or secondary school within
twelve-months of such termination, the commissioner shall notify the
division of criminal justice services of such termination, and the divi-
sion of criminal justice services shall destroy the fingerprints of such
A. 3642 3
person. Such person may request that the commissioner notify the divi-
sion 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
(viii) been informed of the manner in which he or she may submit to
the commissioner any information that may be relevant to the consider-
ation of his or her application for clearance including, where applica-
ble, information in regard to his or her good conduct and rehabili-
tation.
S 2. This act shall take effect immediately.