S T A T E O F N E W Y O R K
________________________________________________________________________
2304
2013-2014 Regular Sessions
I N A S S E M B L Y
January 14, 2013
___________
Introduced by M. of A. CLARK -- read once and referred to the Committee
on Education
AN ACT to amend the education law, in relation to background investi-
gations of all after-school program personnel
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. INVESTIGATION OF AFTER-SCHOOL PROGRAM PERSONNEL EMPLOYED IN
SCHOOL DISTRICTS. 1. EVERY SCHOOL DISTRICT SHALL CONDUCT BACKGROUND
INVESTIGATIONS OF ALL AFTER-SCHOOL PROGRAM PERSONNEL EMPLOYED IN SUCH
DISTRICT.
2. EACH DISTRICT, IN COOPERATION WITH THE DIVISION OF CRIMINAL JUSTICE
SERVICES, SHALL PROMULGATE REGULATIONS REQUIRING ALL AFTER-SCHOOL
PROGRAM PERSONNEL EMPLOYED IN SUCH SCHOOL DISTRICT TO SUBMIT TO MANDATO-
RY FINGERPRINTING PROCEDURES AND BACKGROUND QUESTIONNAIRES.
3. EVERY PERSON, AS A CONDITION OF EMPLOYMENT IN AN AFTER-SCHOOL
PROGRAM, SHALL BE FINGERPRINTED, COMPLETE A BACKGROUND QUESTIONNAIRE AND
SIGN A DECLARATION UNDER PENALTY OF PERJURY REGARDING ANY PRIOR CRIMINAL
CONVICTIONS.
4. NO AFTER-SCHOOL PROGRAM EMPLOYEE SHALL BE ASSIGNED TO WORK INVOLV-
ING THE CARE, CUSTODY OR SUPERVISION OF A CHILD IF IT IS DETERMINED ON
THE BASIS OF A CRIMINAL HISTORY CHECK PURSUANT TO THIS SECTION THAT SUCH
PERSON HAS BEEN CONVICTED OF A CRIME.
S 2. This act shall take effect on the ninetieth day after it shall
have become a law; provided, however, that any rules or regulations
necessary to implement the provisions of this act shall be promulgated
on or before its effective date.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06657-01-3