|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|Jan 04, 2012||referred to education|
|Feb 25, 2011||referred to education|
senate Bill S3545
Archive: Last Bill Status - In Committee
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
S3545 - Details
S3545 - Summary
Requires pre-employment investigation of school district personnel to determine criminal history or the presence of controlled substances or communicable diseases; requires submission to fingerprinting and other tests.
S3545 - Sponsor Memo
BILL NUMBER:S3545 TITLE OF BILL: An act to amend the education law, in relation to pre-employment investigations for personnel employed in school districts PURPOSE: This legislation requires the investigation of school district personnel involved with the care, custody or supervision of a child. SUMMARY OF PROVISIONS: Section 1. The education law is amended by adding a new section 3001-e. Section 2. Subdivision 20 of section 2590-h of the education law is amended by chapter 100 of the law of 2003. Section 4. This act shall take effect on the ninetieth day after it shall have become a law; provided however, that any rules and regulations necessary to implement the provisions of the act shall be promulgated on or before its effective date. JUSTIFICATION: The legislature recognizes the necessity that any person who is employed or assigned to work as part of the workfare program involving the care and custody or supervision of a child shall be investigated as to his or her qualifications, use of a controlled substance and be free of communicable diseases. Since the federal government passed legislation
S3545 - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 3545 2011-2012 Regular Sessions I N S E N A T E February 25, 2011 ___________ Introduced by Sen. LANZA -- 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 pre-employment inves- tigations for personnel employed in school districts THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The education law is amended by adding a new section 3001-e to read as follows: S 3001-E. PRE-EMPLOYMENT INVESTIGATION OF PERSONNEL EMPLOYED IN SCHOOL DISTRICTS. 1. EVERY SCHOOL DISTRICT SHALL CONDUCT A PRE-EMPLOYMENT BACK- GROUND INVESTIGATION FOR ALL PERSONNEL EMPLOYED IN THE DISTRICT. 2. EACH DISTRICT, IN COOPERATION WITH THE DIVISION OF CRIMINAL JUSTICE SERVICES, SHALL PROMULGATE REGULATIONS REQUIRING ALL PERSONNEL EMPLOYED IN SUCH SCHOOL DISTRICT TO SUBMIT TO MANDATORY BACKGROUND QUESTIONNAIRES AND TO SUCH OTHER TESTS FOR THE PRESENCE OF CONTROLLED SUBSTANCES OR COMMUNICABLE DISEASES AS SHALL BE DETERMINED TO BE NECESSARY AND PROPER. 3. EVERY PERSON, AS A CONDITION OF EMPLOYMENT IN A SCHOOL DISTRICT, SHALL COMPLETE A BACKGROUND QUESTIONNAIRE, SUBMIT TO SUCH OTHER TESTS FOR THE PRESENCE OF CONTROLLED SUBSTANCES OR COMMUNICABLE DISEASES AS SHALL BE DETERMINED TO BE NECESSARY AND PROPER AND SIGN A DECLARATION UNDER PENALTY OF PERJURY REGARDING ANY PRIOR CRIMINAL CONVICTIONS. 4. NO SCHOOL DISTRICT EMPLOYEE SHALL BE ASSIGNED TO WORK INVOLVING THE CARE, CUSTODY OR SUPERVISION OF A CHILD IF IT IS DETERMINED THAT SUCH PERSON HAS TESTED POSITIVE FOR THE PRESENCE OF A CONTROLLED SUBSTANCE OR COMMUNICABLE DISEASE. 5. FOR PURPOSES OF THIS SECTION, "COMMUNICABLE DISEASE" SHALL MEAN ANY DISEASE THAT THE COMMISSIONER OF HEALTH, IN THE REASONABLE EXERCISE OF HIS OR HER MEDICAL JUDGEMENT, DETERMINES TO BE COMMUNICABLE, RAPIDLY EMERGENT OR A SIGNIFICANT THREAT TO PUBLIC HEALTH. THE LIST OF DESIG- NATED COMMUNICABLE DISEASES IS IN SECTION 201 OF TITLE TEN OF THE NEW YORK CODES, RULES AND REGULATIONS. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD02726-01-1
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