senate Bill S3545

2011-2012 Legislative Session

Requires investigation of school district personnel involved with the care, custody or supervision of a child

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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
Feb 25, 2011 referred to education

S3545 - Bill Details

See Assembly Version of this Bill:
A7352
Current Committee:
Law Section:
Education Law
Laws Affected:
Add §3001-e, amd §2590-h, Ed L
Versions Introduced in 2009-2010 Legislative Session:
S516, A2542

S3545 - Bill Texts

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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.

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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
concerning workfare for welfare recipients, there has been concern by
parents of children that there be some standards established concerning
workfare persons assigned to work involving the care, custody or
supervision of children in various programs. These areas of concern are
in the areas of competence, health, safety, and security for the
children. The provisions of the bill are meant to ease the parental
concerns.

LEGISLATIVE HISTORY:
2010: S.516 - Referred to Education/A.2542 - Referred to Education
2009: S.516 - Referred to Education/A.2542 - Referred to Education
2008: S.5548 - Referred to Education/A.10871 - Referred to Education
2007: S.5549 - Referred to Education
2006: S.4007 - Referred to Education
2005: S.1462 - Referred to Education

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
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.

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                    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

S. 3545                             2

  S 2. Subdivision 20 of section 2590-h of the education law, as amended
by chapter 345 of the laws of 2009, is amended to read as follows:
  20.  Ensure compliance with qualifications established for all person-
nel employed in the city district, including the taking of fingerprints,
BACKGROUND QUESTIONNAIRES AND SUBMISSION TO SUCH  OTHER  TESTS  FOR  THE
PRESENCE  OF  CONTROLLED SUBSTANCES OR COMMUNICABLE DISEASES AS SHALL BE
DETERMINED TO BE NECESSARY AND PROPER as a  prerequisite  for  licensure
and/or  employment  of  such  personnel. Every set of fingerprints taken
pursuant to this subdivision shall be promptly submitted to the division
of criminal justice services where it shall be appropriately  processed.
Furthermore,  the division of criminal justice services is authorized to
submit the fingerprints to the federal bureau  of  investigation  for  a
national criminal history record check.
  S 3. Subdivision 20 of section 2590-h of the education law, as amended
by chapter 100 of the laws of 2003, is amended to read as follows:
  20.  Ensure compliance with qualifications established for all person-
nel employed in the city district, including the taking of fingerprints,
BACKGROUND QUESTIONNAIRES AND SUBMISSION TO SUCH  OTHER  TESTS  FOR  THE
PRESENCE  OF  CONTROLLED SUBSTANCES OR COMMUNICABLE DISEASES AS SHALL BE
DETERMINED TO BE NECESSARY AND PROPER as a  prerequisite  for  licensure
and/or  employment  of  such  personnel. Every set of fingerprints taken
pursuant to this subdivision shall be promptly submitted to the division
of criminal justice services where it shall be appropriately  processed.
Furthermore,  the division of criminal justice services is authorized to
submit the fingerprints to the federal bureau  of  investigation  for  a
national criminal history record check.
  S  4.  This  act shall take effect on the ninetieth day after it shall
have become a law; provided, however, that  effective  immediately,  the
addition,  amendment  and/or repeal of any rule and regulation necessary
for the implementation of this act on its effective date are  authorized
and  directed to be made and completed on or before such effective date;
and provided, further, that the amendments to subdivision 20 of  section
2590-h  of the education law, made by section two of this act, shall not
affect the expiration and reversion of such  section  and  shall  expire
therewith,  when  upon  such  date  section three of this act shall take
effect.

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