senate Bill S2420

2011-2012 Legislative Session

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

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Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 04, 2012 referred to education
Apr 12, 2011 reported and committed to finance
Jan 20, 2011 referred to education

Votes

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Apr 12, 2011 - Education committee Vote

S2420
16
0
committee
16
Aye
0
Nay
1
Aye with Reservations
0
Absent
1
Excused
0
Abstained
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Education Committee Vote: Apr 12, 2011

aye wr (1)
excused (1)

S2420 - Bill Details

Current Committee:
Law Section:
Education Law
Laws Affected:
Amd §§305, 3035, 4212, 4314, 4358, 4403, 4410 & 1125, Ed L
Versions Introduced in 2009-2010 Legislative Session:
S3440

S2420 - Bill Texts

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

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BILL NUMBER:S2420

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

PURPOSE:
The purpose of this bill is to protect the health and safety of
students with disabilities who attend various special education
schools in settings outside of a public school district or board of
cooperative educational services (BOCES) by requiring the
fingerprinting and criminal history record checks of prospective
employees of such schools on the same basis as prospective employees
of school districts, charter schools and BOCES.

SUMMARY OF PROVISIONS:
Section 1 of the bill amends paragraphs a and b of subdivision 30 of
section 305 of the Education Law to make the provisions that require
the Commissioner of Education to promulgate regulations on
fingerprinting of prospective employees and develop forms relating to
fingerprinting and notices to employees applicable to prospective
employees of special education schools. Such regulations would not
apply to special education schools located within the City of New
York, which currently fingerprints employees of special education
schools that contract with the New York City School District.

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

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

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


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

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

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

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

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

Section 10 of the bill adds a new subdivision (d) to section 4314 of
the Education Law to require the fingerprinting of all prospective
employees of the State School for the Blind at Batavia unless they
have already received clearance for employment pursuant to sections
3035 or 3004-b of the Education Law (i.e., through a public school or
teacher certification) or section 509-cc or 1229-d of the Vehicle and
Traffic Law (school bus drivers and attendants) or by the City of New


York pursuant to local law. The new subdivision also authorizes
conditional appointments and emergency conditional appointments of
prospective employees of such schools to the same extent and under
the same conditions as a board of education of a union free school
district pursuant to Education Law § 1709(39).

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

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

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

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

Section 15 of the bill adds a new subdivision 9-e to section 4410 of
the Education Law to require the fingerprinting of all prospective
employees of 4410 providers unless they have already received
clearance for employment pursuant to sections 3035 or 3004-b of the
Education Law (i.e., through a public school or teacher
certification) or section 509-cc or 1229-d of the Vehicle and Traffic
Law (school bus drivers and attendants), or a valid clearance issued
by the City of New York pursuant to local law. The new subdivision
also clarifies that individual related service providers are
responsible for submitting their own fingerprints prior to inclusion


of a list maintained by the municipality or board pursuant to
subdivision (9) (c) of section 4410. The new subdivision also
authorizes the Commissioner to provide subsequent criminal history
notifications to the approved providers or to the City School
District of the City of New York for its employees. The new
subdivision also authorizes conditional appointments and emergency
conditional appointments of prospective employees of such schools to
the same extent and under the same conditions as a board of education
of a union free school district pursuant to Education Law § 1709(39).
The
new subdivision also clarifies that it does not apply to an approved
July and August program under Education Law section 4408 that is
operated by a school district or BOCES. Finally, the new subdivision
authorizes the Commissioner to provide a copy of the employees'
clearance for employment or a denial of clearance to each
municipality that employs or has such individual on a list of related
service providers.

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

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

Section 18 appropriates $250,000 to the State Education Department
for its expenses in implementing this bill in the first year.

Section 19 is the effective date.

JUSTIFICATION:
Fingerprinting requirements were imposed on prospective employees of
school districts, BOCES and charter schools by Chapter 180 of the
Laws of 2000. This bill would extend the protection currently
provided by the
criminal history record checks of prospective employees of such public
schools to fully cover prospective employees of the various types of
publicly-funded schools that serve students with disabilities placed
by school district committees on special education and committees on
preschool special education.

The City of New York currently fingerprints employees of special
education schools with which it contracts, but there is no
finger-printing requirement in place for special education schools
located outside the City of New York that do not contract with the
New York City School District. Now that school districts, BOCES and
charter schools are required to fingerprint applicants for
employment, and as more and more states impose fingerprinting
requirements for their school employees, leaving our special
education schools unprotected creates a serious risk. Those convicted


of certain crimes would be disqualified from serving in public
schools, such as sex offenses involving children, and as such may
seek out employment in schools not authorized to screen prospective
employees through an FBI background check.

Students with disabilities are perhaps the most vulnerable student
population of all, and exposing them to the risk of abuse by
individuals with criminal histories involving physical or sexual
abuse of children is simply unconscionable, regardless of the costs
and burdens of fully implementing a fingerprinting system. The
existing protections provided to students with disabilities are not
adequate. Education Law §§ 4212, 4314, 4358 and 4403(11) and Title 6
of the Social Services Law provide protections against abuse and
maltreatment of students with disabilities in residential care,
including requirements that applicants for employment provide
sworn statements of their criminal history and access by special
education schools to the Statewide Central Register of Child Abuse
and Maltreatment for the purpose of screening applicants for
employment. However, the Statewide Central Register will only pick up
prior founded reports of child abuse or maltreatment against the
individual, and the legal definition of child abuse and maltreatment
is too narrow to cover many criminal offenses that ought to be
disqualifying, such as sexual offenses involving children for whom
the individual is not the parent or otherwise responsible under the
Family Court Act or rape or other serious offenses involving adults.
Moreover, there is no such protection for students with disabilities
in non-residential schools, and no mechanism in either residential or
non-residential schools for screening for criminal history on a
national basis through the FBI. It is because of the need for
statutory authorization for an FBI criminal history check that this
bill includes the State Schools for the Deaf and Blind, where a State
criminal history check has already been implemented.

In recognition of the costs and administrative burdens that would
result from immediate imposition of fingerprinting requirements, this
bill follows the same measured approach that was adopted in Chapter
180 of 2000 establishing fingerprinting requirements. Fingerprinting
is imposed only prospectively-it applies to new applicants for
employment and does not apply to existing employees. Instead of
involving school districts or BOCES in the fingerprinting of
employees of other entities, the bill makes the special education
schools responsible for ensuring that their prospective employees are
fingerprinted and granted criminal clearance by the Commissioner of
Education. Duplication of fingerprinting requirements is avoided to
the extent practicable, though there are circumstances under which
individuals who are fingerprinted and subjected to a criminal history
record check under other laws are not exempted by this
bill because such other laws do not authorize an FBI criminal history
record check. For example, this bill does not provide an exemption
for individuals employed by approved providers under section 4410 of
the Education Law who have been fingerprinted under the provisions of
§ 390-b of the Social Services Law applicable to day care workers,
because there is no provision for an FBI criminal history record
check under that statute. Once an individual is given criminal
clearance after having been fingerprinted by a school district
pursuant to Education Law § 3035 or after they apply for a teachers'
certificate, they will not need to be re-fingerprinted. Special


education schools located within the City of New York and individuals
who are employed by special education schools located outside of the
City of New York who receive clearance by the City of New York would
also be exempted. With those exceptions, the bill tracks the existing
requirements for criminal history record checks of prospective school
district employees, providing special education school prospective
employees with the same due process protections as school district
prospective employees.

To ensure the protection of children in special education schools,
this bill establishes standardized practices and procedures for
schools to follow which guarantee that allegations of child abuse by
school employees and volunteers with direct access to school children
are investigated by appropriate law enforcement authorities. This
legislation is required to fill a major gap in State law affecting
the protection of children from child abuse. Whereas, all officers
and employees of the New York City School District and New York State
Public School Districts are required to report incidences of
misconduct, no comparable directive requiring an investigation of
allegations by a law enforcement agency exists in these special
education schools. As a result, employees have been permitted to
"quietly" resign in the face of child abuse allegations, enabling
them to again victimize children in another school setting. This bill
will eliminate "quiet" resignations and provide an important measure
of protection for children in these special education schools.

LEGISLATIVE HISTORY:
2009-10: S.3440 - Referred to Education
2007-08: S.5774 - Passed Senate
2005-06: Similar to S.5432 - Passed Senate

FISCAL IMPLICATIONS:
It is estimated that this bill would result in an annual cost to
the State of $225,000, for staff to handle the additional workload
that would be generated by this bill. Applicants for positions at
special education schools would be required to pay a processing fee
for a criminal history record check by DCJS and the FBI that is
currently set at $99. Special education schools located within
the City of New York would be exempt and a substantial proportion
of the employees of special education schools located outside the
City of New York, and would also be exempted.

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


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

                                  2420

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            January 20, 2011
                               ___________

Introduced  by  Sen.  SALAND -- read twice and ordered printed, and when
  printed to be committed to the Committee on Education

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

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

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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05598-02-1

S. 2420                             2

required pursuant to section eleven hundred twenty-six of this [chapter]
TITLE.  No person who has been fingerprinted pursuant to  section  three
thousand  four-b  of  this  chapter  or pursuant to section five hundred
nine-cc  or  twelve hundred twenty-nine-d of the vehicle and traffic law
and whose fingerprints remain on file  with  the  division  of  criminal
justice  services  shall  be  required  to  undergo  fingerprinting  for
purposes of a new criminal history record check.  This  subdivision  and
the  rules  and regulations promulgated pursuant thereto shall not apply
to a school district within a city with a population of one  million  or
more, OR TO SPECIAL EDUCATION SCHOOLS LOCATED WITHIN SUCH CITY.
  (b)  The  commissioner,  in  cooperation with the division of criminal
justice services, shall promulgate a form to be  provided  to  all  such
prospective  employees  of  school districts, charter schools, boards of
cooperative educational services, SPECIAL EDUCATION SCHOOLS and  nonpub-
lic  and  private elementary and secondary schools that elect to finger-
print and seek clearance for prospective employees that shall:
  (i) inform the prospective employee that the commissioner is  required
or  authorized  to  request his or her criminal history information from
the division of criminal justice services  and  the  federal  bureau  of
investigation  and review such information pursuant to this section, and
provide a description of the manner in  which  his  or  her  fingerprint
cards  will  be used upon submission to the division of criminal justice
services;
  (ii) inform the prospective employee that he or she has the  right  to
obtain, review and seek correction of his or her criminal history infor-
mation  pursuant  to regulations and procedures established by the divi-
sion of criminal justice services.
  S 2. Subparagraph (vii) of paragraph (c) of subdivision 30 of  section
305 of the education law, as amended by chapter 630 of the laws of 2006,
is amended to read as follows:
  (vii)  been informed that in the event his or her employment is termi-
nated and such person has not become employed in  the  same  or  another
school  district,  charter  school,  board  of  cooperative  educational
services, SPECIAL EDUCATION SCHOOL or nonpublic or private elementary or
secondary school within [twelve-months] TWELVE  MONTHS  of  such  termi-
nation,  the  commissioner shall notify the division of criminal justice
services of such termination,  and  the  division  of  criminal  justice
services  shall destroy the fingerprints of such person. Such person may
request that the commissioner notify the division  of  criminal  justice
services  that  his  or her fingerprints shall be destroyed prior to the
expiration of such twelve month period in which  case  the  commissioner
shall  notify the division of criminal justice services and the division
shall destroy the fingerprints of such person promptly upon  receipt  of
the request; and
  S  3. Subdivision 30 of section 305 of the education law is amended by
adding a new paragraph (d) to read as follows:
  (D) 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

S. 2420                             3

AN APPROVED PRIVATE SCHOOL FOR STUDENTS WITH DISABILITIES OR AN APPROVED
PROVIDER UNDER SECTION FORTY-FOUR HUNDRED TEN OF THIS CHAPTER.
  S 4. Subdivision 1 of section 3035 of the education law, as amended by
chapter 630 of the laws of 2006, is amended to read as follows:
  1.  The  commissioner shall submit to the division of criminal justice
services two sets of fingerprints of prospective employees as defined in
subdivision three of section eleven hundred twenty-five of this  chapter
received  from a school district, charter school or board of cooperative
educational services and of prospective employees received from  nonpub-
lic  and  private elementary and secondary schools pursuant to title two
of this chapter OR A SPECIAL EDUCATION SCHOOL, AS DEFINED  IN  PARAGRAPH
(D) OF SUBDIVISION THIRTY OF SECTION THREE HUNDRED FIVE OF THIS CHAPTER,
PURSUANT  TO  TITLE  SIX OF THIS CHAPTER, OTHER THAN A SPECIAL EDUCATION
SCHOOL LOCATED IN THE CITY OF NEW YORK, and  the  division  of  criminal
justice  services processing fee imposed pursuant to subdivision eight-a
of section eight hundred thirty-seven of the executive law and  any  fee
imposed by the federal bureau of investigation. The division of criminal
justice  services  and the federal bureau of investigation shall forward
such criminal history record to the commissioner in a timely manner. For
the purposes of this section, the term "criminal history  record"  shall
mean  a  record  of  all  convictions of crimes and any pending criminal
charges maintained on an individual by the division of criminal  justice
services  and  the  federal  bureau  of investigation. All such criminal
history records sent to the commissioner pursuant  to  this  subdivision
shall be confidential pursuant to the applicable federal and state laws,
rules  and  regulations,  and  shall  not  be  published  or  in any way
disclosed to persons  other  than  the  commissioner,  unless  otherwise
authorized by law.
  S 5. Subdivision 3-a of section 3035 of the education law, as added by
chapter 380 of the laws of 2001, is amended to read as follows:
  3-a.  Upon request from a prospective employee who has been cleared by
the commissioner for employment and/or certification,  the  commissioner
shall  have  the  authority  to  forward a copy of such criminal history
record to the city school district of the city of New York by  the  most
expeditious  means  available.  Furthermore, upon notification that such
prospective employee is employed by the city school district of the city
of New York OR IS EMPLOYED BY A SPECIAL EDUCATION SCHOOL THAT  CONTRACTS
WITH  THE  CITY SCHOOL DISTRICT OF THE CITY OF NEW YORK, the division of
criminal justice services shall have the authority to provide subsequent
criminal history notifications directly to the city school  district  of
the  city  of New York. Upon request from a prospective employee who has
been cleared for licensure and/or employment by the city school district
of the city of New York OR HAS BEEN CLEARED BY THE CITY OF NEW YORK  FOR
EMPLOYMENT  BY A SPECIAL EDUCATION SCHOOL THAT IS LOCATED OUTSIDE OF THE
CITY SCHOOL DISTRICT OF THE CITY OF NEW YORK, such  school  district  OR
CITY  shall  have  the  authority  to  forward a copy of the prospective
employee's criminal history record to  the  commissioner,  by  the  most
expeditious means available, for the purposes of this section.  Further-
more,  upon notification that such prospective employee is employed by a
school district outside the city of New York OR BY A  SPECIAL  EDUCATION
SCHOOL  THAT IS LOCATED OUTSIDE OF THE CITY OF NEW YORK, the division of
criminal justice services shall have the authority to provide subsequent
criminal history notifications directly to the commissioner.
  S 6. 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:

S. 2420                             4

  (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  7.  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 8. Paragraph (i) of subdivision (a) of section 4314 of the education
law, as amended by chapter 32 of the laws of 1992, is amended to read as
follows:
  (i)  consistent  with appropriate collective agreements and applicable
provisions of the civil service law, the review and  evaluation  of  the
backgrounds of and the information supplied by any person applying to be
an  employee,  a volunteer or consultant, which shall include but not be
limited to the following requirements: that the applicant set forth  his
or  her  employment history, provide personal and employment references,
and relevant experiential and  educational  information,  [and]  sign  a
sworn  statement indicating whether the applicant, to the best of his or
her knowledge, has ever been convicted of a crime in this state  or  any
other  jurisdiction AND, IN THE CASE OF A PROSPECTIVE EMPLOYEE, BE FING-
ERPRINTED FOR PURPOSES OF A CRIMINAL HISTORY BACKGROUND  CHECK  PURSUANT
TO SUBDIVISION (D) OF THIS SECTION;
  S  9.  Section  4314  of  the education law is amended by adding a new
subdivision (d) to read as follows:

S. 2420                             5

  (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  10.  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 11. Section 4358 of the education law is amended  by  adding  a  new
subdivision (d) to read as follows:
  (D)(I) THE DEPARTMENT SHALL REQUIRE, FOR PURPOSES OF A CRIMINAL HISTO-
RY  RECORD CHECK, THE FINGERPRINTING OF ALL PROSPECTIVE EMPLOYEES OF THE
SCHOOL PURSUANT TO SUBDIVISION THIRTY OF SECTION THREE HUNDRED FIVE  AND
SECTION  THREE  THOUSAND  THIRTY-FIVE  OF  THIS CHAPTER, WHO DO NOT HOLD
VALID CLEARANCE PURSUANT TO SUCH SECTION THREE THOUSAND  THIRTY-FIVE  OR
PURSUANT  TO  SECTION  THREE  THOUSAND FOUR-B OF THIS CHAPTER OR SECTION
FIVE HUNDRED NINE-CC OR TWELVE HUNDRED TWENTY-NINE-D OF THE VEHICLE  AND
TRAFFIC  LAW, OR VALID CLEARANCE ISSUED BY THE CITY OF NEW YORK PURSUANT
TO LOCAL LAW.  PRIOR  TO  INITIATING  THE  FINGERPRINTING  PROCESS,  THE
DEPARTMENT   SHALL  FURNISH  THE  PROSPECTIVE  EMPLOYEE  WITH  THE  FORM
DESCRIBED IN PARAGRAPH  (C)  OF  SUBDIVISION  THIRTY  OF  SECTION  THREE
HUNDRED FIVE OF THIS CHAPTER AND SHALL OBTAIN THE APPLICANT'S CONSENT TO
THE  CRIMINAL  HISTORY  RECORDS  SEARCH. EVERY SET OF FINGERPRINTS TAKEN
PURSUANT TO THIS SUBDIVISION SHALL BE PROMPTLY SUBMITTED TO THE  COMMIS-
SIONER FOR PURPOSES OF CLEARANCE FOR EMPLOYMENT.
  (II)  NOTWITHSTANDING  ANY OTHER PROVISION OF LAW TO THE CONTRARY, THE
COMMISSIONER MAY ESTABLISH PROCEDURES FOR THE CONDITIONAL APPOINTMENT OR
EMERGENCY CONDITIONAL APPOINTMENT OF PROSPECTIVE EMPLOYEES OF THE SCHOOL

S. 2420                             6

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 12. 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-ONE OF THIS SECTION;
  S  13.  Section  4403  of the education law is amended by adding a new
subdivision 21 to read as follows:
  21. A. THE COMMISSIONER SHALL REQUIRE,  FOR  PURPOSES  OF  A  CRIMINAL
HISTORY RECORD CHECK, THE FINGERPRINTING OF ALL PROSPECTIVE EMPLOYEES OF
APPROVED  PRIVATE  RESIDENTIAL  AND  NON-RESIDENTIAL  SCHOOLS  WHICH ARE
LOCATED WITHIN THE STATE BY SUCH SCHOOLS PURSUANT TO SUBDIVISION  THIRTY
OF  SECTION THREE HUNDRED FIVE AND SECTION THREE THOUSAND THIRTY-FIVE OF
THIS CHAPTER, EXCEPT WHERE SUCH PROSPECTIVE EMPLOYEES HOLD VALID  CLEAR-
ANCE  PURSUANT TO SUCH SECTION THREE THOUSAND THIRTY-FIVE OR PURSUANT TO
SECTION THREE THOUSAND FOUR-B OF THIS CHAPTER OR  SECTION  FIVE  HUNDRED
NINE-CC  OR TWELVE HUNDRED TWENTY-NINE-D OF THE VEHICLE AND TRAFFIC LAW,
OR VALID CLEARANCE ISSUED BY THE CITY OF NEW YORK PURSUANT TO LOCAL LAW.
THE PROVISIONS OF THIS SUBDIVISION SHALL NOT APPLY TO PROGRAMS  OPERATED
PURSUANT TO SECTION FORTY-FOUR HUNDRED EIGHT OF THIS ARTICLE BY A SCHOOL
DISTRICT OR BOARD OF COOPERATIVE EDUCATIONAL SERVICES. PRIOR TO INITIAT-
ING THE FINGERPRINTING PROCESS, THE SCHOOL SHALL FURNISH THE PROSPECTIVE
EMPLOYEE  WITH THE FORM DESCRIBED IN PARAGRAPH (C) OF SUBDIVISION THIRTY
OF SECTION THREE HUNDRED FIVE OF  THIS  CHAPTER  AND  SHALL  OBTAIN  THE
APPLICANT'S CONSENT TO THE CRIMINAL HISTORY RECORDS SEARCH. EVERY SET OF
FINGERPRINTS  TAKEN  PURSUANT  TO  THIS  SUBDIVISION  SHALL  BE PROMPTLY
SUBMITTED TO THE COMMISSIONER FOR PURPOSES OF CLEARANCE FOR  EMPLOYMENT.
NOTWITHSTANDING  ANY OTHER PROVISION OF LAW TO THE CONTRARY, THE COMMIS-
SIONER SHALL  BE  AUTHORIZED  TO  PROVIDE  SUBSEQUENT  CRIMINAL  HISTORY
NOTIFICATIONS TO APPROVED PRIVATE SCHOOLS FOR THEIR EMPLOYEES.
  B.  NOTWITHSTANDING  ANY  OTHER  PROVISION OF LAW TO THE CONTRARY, THE
APPROVED PRIVATE SCHOOL MAY ESTABLISH  PROCEDURES  FOR  THE  CONDITIONAL
APPOINTMENT  OR EMERGENCY CONDITIONAL APPOINTMENT OF PROSPECTIVE EMPLOY-
EES OF THE SCHOOL TO THE SAME EXTENT AND UNDER THE SAME CONDITIONS AS  A
BOARD  OF EDUCATION OF A UNION FREE SCHOOL DISTRICT PURSUANT TO SUBDIVI-
SION THIRTY-NINE OF SECTION SEVENTEEN HUNDRED NINE OF THIS CHAPTER.
  S 14. Section 4410 of the education law is amended  by  adding  a  new
subdivision 9-e to read as follows:
  9-E.  FINGERPRINTING  OF  PROSPECTIVE EMPLOYEES.   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

S. 2420                             7

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 CLEAR-
ANCE FOR EMPLOYMENT PRIOR TO HIS OR HER INCLUSION ON A LIST  OF  RELATED
SERVICE  PROVIDERS  MAINTAINED  BY THE MUNICIPALITY 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 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 PROVIDERS FOR THEIR EMPLOYEES. IN THE CASE OF
A PROSPECTIVE EMPLOYEE WHO IS EMPLOYED BY THE CITY  SCHOOL  DISTRICT  OF
THE  CITY  OF  NEW YORK, THE COMMISSIONER SHALL BE AUTHORIZED TO PROVIDE
SUBSEQUENT CRIMINAL HISTORY NOTIFICATIONS DIRECTLY TO  THE  CITY  SCHOOL
DISTRICT OF THE CITY OF NEW YORK.
  B.  NOTWITHSTANDING  ANY  OTHER  PROVISION OF LAW TO THE CONTRARY, THE
APPROVED PROVIDER MAY ESTABLISH PROCEDURES FOR THE CONDITIONAL  APPOINT-
MENT  OR  EMERGENCY  CONDITIONAL APPOINTMENT OF PROSPECTIVE EMPLOYEES OF
THE PROVIDER TO THE SAME EXTENT AND UNDER THE SAME CONDITIONS AS A BOARD
OF EDUCATION OF A UNION FREE SCHOOL  DISTRICT  PURSUANT  TO  SUBDIVISION
THIRTY-NINE OF SECTION SEVENTEEN HUNDRED NINE OF THIS CHAPTER.
  C.  NOTWITHSTANDING  ANY  OTHER  PROVISION OF LAW TO THE CONTRARY, THE
COMMISSIONER MAY ESTABLISH PROCEDURES FOR THE CONDITIONAL APPOINTMENT OR
EMERGENCY CONDITIONAL APPOINTMENT OF  INDIVIDUALS  WHO  PROVIDE  RELATED
SERVICES  PURSUANT TO THIS SECTION TO THE SAME EXTENT AND UNDER THE SAME
CONDITIONS AS A BOARD OF EDUCATION  OF  A  UNION  FREE  SCHOOL  DISTRICT
PURSUANT TO SUBDIVISION THIRTY-NINE OF SECTION SEVENTEEN HUNDRED NINE OF
THIS  CHAPTER. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRA-
RY, THE COMMISSIONER SHALL PROVIDE EACH MUNICIPALITY OR BOARD  IN  WHICH
SUCH  INDIVIDUAL  SEEKS  TO BE INCLUDED ON A LIST OF RELATED SERVICES OR
SPECIAL EDUCATION ITINERANT SERVICES PROVIDERS WITH A COPY OF SUCH INDI-
VIDUAL'S CRIMINAL CLEARANCE OR DENIAL OF CRIMINAL CLEARANCE, AND IN  THE
EVENT  OF A DENIAL OF CLEARANCE, SUCH MUNICIPALITY OR BOARD SHALL REMOVE
THE INDIVIDUAL FROM SUCH LIST UNLESS CRIMINAL CLEARANCE IS  SUBSEQUENTLY
ISSUED  BY  THE COMMISSIONER. NOTWITHSTANDING ANY OTHER PROVISION OF LAW
TO THE CONTRARY, THE COMMISSIONER SHALL BE AUTHORIZED TO PROVIDE  SUBSE-
QUENT  CRIMINAL  HISTORY  NOTIFICATIONS TO EACH MUNICIPALITY OR BOARD IN
WHICH SUCH INDIVIDUAL IS INCLUDED ON A LIST OF RELATED  SERVICE  PROVID-
ERS.
  S  15.  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 (D) 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

S. 2420                             8

to title nine-B of article five of the social services law, and consist-
ent with the provisions of such title for the provision of  services  to
such  district, its students or employees, directly or through contract,
whereby  such  services  performed by such person involve direct student
contact.
  5. "Educational setting" shall mean the  building  and  grounds  of  a
public  school  district, A SPECIAL EDUCATION SCHOOL DISTRICT AS DEFINED
IN PARAGRAPH (D) OF SUBDIVISION THIRTY OF SECTION THREE HUNDRED FIVE  OF
THIS  CHAPTER,  the  vehicles provided by the school district OR SPECIAL
EDUCATION SCHOOL for the transportation of students to and  from  school
buildings,  field  trips,  co-curricular and extra-curricular activities
both on and off school district grounds, all  co-curricular  and  extra-
curricular  activity  sites, and any other location where direct contact
between an employee or volunteer and a child has allegedly occurred.
  S 16. Subdivision 3 of section 3035 of the education law,  as  amended
by  section  8 of chapter 630 of the laws of 2006, is amended to read as
follows:
  3. After receipt of a criminal history record  from  the  division  of
criminal  justice  services  and the federal bureau of investigation the
commissioner shall promptly  notify  the  appropriate  school  district,
charter  school,  board  of  cooperative  educational  services, SPECIAL
EDUCATION SCHOOL or nonpublic or private elementary or secondary  school
whether the prospective employee to which such report relates is cleared
for  employment  based  upon  his  or her criminal history. All determi-
nations to grant or deny  clearance  for  employment  pursuant  to  this
subdivision shall be performed in accordance with subdivision sixteen of
section  two hundred ninety-six of the executive law and article twenty-
three-A of the correction law.  When the commissioner denies a  prospec-
tive  employee clearance for employment, such prospective employee shall
be afforded notice and the right to be heard and offer  proof  in  oppo-
sition  to  such determination in accordance with the regulations of the
commissioner.
  S 17.  This act shall take effect on the  one  hundred  eightieth  day
after it shall have become a law; provided that:
  (a)  the commissioner of education is authorized to promulgate any and
all rules and regulations and  take  any  other  measures  necessary  to
implement  the provisions of this act on its effective date on or before
such date;
  (b) the provisions of this act shall apply to prospective employees of
special education schools who are appointed on or after  such  effective
date  and  to individual providers of preschool related services who are
placed on lists maintained by the municipality pursuant to subdivision 9
of section 4410 of the education law on and after such effective date.

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