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.