Assembly Bill A7443

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

                                  7443

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                              May 17, 2013
                               ___________

Introduced  by  M.  of  A.  NOLAN  -- (at request of the State Education
  Department) -- read once and referred to the Committee on Education

AN ACT to amend the education law, in relation to requiring the  finger-
  printing  of  prospective employees of approved private special educa-
  tion schools, phasing-in a requirement that all fingerprints submitted
  by prospective employees and applicants for certification be electron-
  ically  submitted,  authorizing  boards  of  cooperative   educational
  services   to  conduct  fingerprinting  for  non-component  districts,
  special education schools, and applicants for certification, strength-
  ening identification verification practices  at  fingerprinting  sites
  for  the  purpose  of  conducting  criminal  history record checks and
  enhancing existing statutory mechanisms to  expedite  the  removal  of
  persons  who commit fingerprint fraud; and to amend chapter 147 of the
  laws of 2001, amending  the  education  law  relating  to  conditional
  appointment  of school district, charter school or BOCES employees, in
  relation to making permanent certain  provisions  relating  to  condi-
  tional clearances for employment

  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) and the opening paragraph and subpara-
graph (i) of paragraph (b) as amended by chapter  630  of  the  laws  of
2006,  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, 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10658-03-3
              

A. 7443                             2

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, SPECIAL EDUCATION SCHOOLS, and nonpublic and private elementa-
ry and secondary schools in connection with the  submission  of  finger-
prints  that contains the specific job title sought and any other infor-
mation  that  may  be  relevant  to  consideration  of  the   applicant.
PROSPECTIVE  EMPLOYEES,  INCLUDING OUT-OF-STATE APPLICANTS TO THE EXTENT
PRACTICABLE, SHALL BE FINGERPRINTED BY AUTHORIZED  PERSONNEL  AT  DESIG-
NATED  FINGERPRINTING  ENTITIES  APPROVED BY THE DEPARTMENT, USING ELEC-
TRONIC SCANNING TECHNOLOGY  APPROVED  BY  THE  DEPARTMENT.  OUT-OF-STATE
PROSPECTIVE  EMPLOYEES  WHO SUBMIT FINGERPRINT CARDS AND ARE NOT FINGER-
PRINTED ELECTRONICALLY PURSUANT TO THE REQUIREMENTS  OF  THIS  PARAGRAPH
SHALL  BE  FINGERPRINTED  ELECTRONICALLY  PRIOR TO EMPLOYMENT WITHIN THE
STATE. IN ADDITION TO THE REQUIREMENTS OF THIS  PARAGRAPH,  THE  COMMIS-
SIONER  SHALL ESTABLISH MINIMUM STANDARDS AND PROCEDURES FOR IDENTIFICA-
TION VERIFICATION TO BE FOLLOWED AT FINGERPRINTING  SITES,  WHICH  SHALL
INCLUDE  THE  REQUIREMENTS OF THIS SECTION IN REGULATIONS OF THE COMMIS-
SIONER.  PRIOR TO INITIATING THE FINGERPRINTING PROCESS AND IN THE PRES-
ENCE OF AUTHORIZED PERSONNEL, A PROSPECTIVE EMPLOYEE SHALL SIGN A  SWORN
STATEMENT  PREPARED  BY THE DEPARTMENT VERIFYING THE PROSPECTIVE EMPLOY-
EE'S IDENTITY AND PRESENT TWO FORMS  OF  IDENTIFICATION,  ONE  OF  WHICH
SHALL  BE  AN OFFICIAL GOVERNMENT ISSUED PHOTO IDENTIFICATION CAPABLE OF
BEING VERIFIED. A PHOTOGRAPH OF THE PROSPECTIVE EMPLOYEE SHALL BE  TAKEN
BY  AUTHORIZED  PERSONNEL  AND  AFFIXED  TO  THE  PROSPECTIVE EMPLOYEE'S
SIGNED, SWORN STATEMENT. UPON COMPLETION OF THE FINGERPRINTING  PROCESS,
THE  AUTHORIZED  PERSONNEL SHALL SIGN AN AFFIDAVIT, ON A FORM PRESCRIBED
BY THE COMMISSIONER, ATTESTING THAT HE OR SHE VERIFIED THE  PHOTO  IDEN-
TIFICATION  PRESENTED, WITNESSED THE SIGNATURE AND PROCESSED THE FINGER-
PRINTS IN ACCORDANCE WITH THIS CHAPTER AND THE RULES AND REGULATIONS  OF
THE  DEPARTMENT.  The  commissioner  shall also establish a form for the
recordation of allegations of child abuse in an educational setting,  as
required  pursuant to section eleven hundred twenty-six of this chapter.
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

A. 7443                             3

cards] FINGERPRINTS will be TAKEN AND used upon submission to the  divi-
sion 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 of such termination, the commis-
sioner 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.  Paragraph (d) 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:
  (d)  The commissioner shall develop forms to be provided to all school
districts, charter schools, boards of cooperative educational  services,
SPECIAL  EDUCATION  SCHOOLS  and to all nonpublic and private elementary
and secondary  schools  that  elect  to  fingerprint  their  prospective
employees,  to  be  completed  and  signed by prospective employees when
conditional appointment or emergency conditional appointment is offered.
  S 4. Subdivision 30 of section 305 of the education law is amended  by
adding a new paragraph (f) to read as follows:
  (F)  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
AN APPROVED PRIVATE SCHOOL FOR STUDENTS WITH DISABILITIES OR AN APPROVED
PROVIDER UNDER SECTION FORTY-FOUR HUNDRED TEN OF THIS CHAPTER.
  S 5. Subdivisions 3, 4, 5 and 6 of section 1125 of the education  law,
subdivisions  3, 4 and 6 as added by chapter 180 of the laws of 2000 and
subdivision 5 as amended by section 1 of part E of chapter  501  of  the
laws  of  2012, are amended and a new subdivision 10 is added to read as
follows:
  3. "Employee" shall mean any  person  receiving  compensation  from  a
school district, NON-RESIDENTIAL SPECIAL EDUCATION SCHOOL OR PROGRAM, or
employee  of  a  contracted service provider or worker placed within the
school under a public assistance employment program, pursuant  to  title
nine-B  of  article five of the social services law, and consistent with
the provisions of such title for  the  provision  of  services  to  such

A. 7443                             4

district,  its  students  or  employees,  directly  or through contract,
whereby such services performed by such person  involve  direct  student
contact.
  4.  "Volunteer"  shall  mean  any  person, other than an employee, who
provides services to a school  or  school  district  OR  NON-RESIDENTIAL
SPECIAL  EDUCATION  SCHOOL  OR  PROGRAM,  which  involve  direct student
contact.
  5. "Educational setting" shall mean the  building  and  grounds  of  a
public  school  district,  NON-RESIDENTIAL  SPECIAL  EDUCATION SCHOOL OR
PROGRAM, the vehicles provided by the school district for the  transpor-
tation  of students to and from school buildings, field trips, co-curri-
cular 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, EXCEPT THAT SUCH TERM SHALL NOT APPLY TO
A RESIDENTIAL SCHOOL WITH CHILDREN IN RESIDENTIAL CARE,  AS  DEFINED  IN
SECTION FOUR HUNDRED TWELVE-A OF THE SOCIAL SERVICES LAW, FOR WHOM ALLE-
GATIONS OF ABUSE OF A CHILD IN RESIDENTIAL CARE OR NEGLECT OF A CHILD IN
RESIDENTIAL  CARE  ARE  SUBJECT  TO MANDATORY REPORTING TO THE STATEWIDE
CENTRAL REGISTER OF CHILD ABUSE AND MALTREATMENT PURSUANT TO  TITLE  SIX
OF ARTICLE SIX OF THE SOCIAL SERVICES LAW. Such term shall not include a
special  act  school district as defined in section four thousand one of
this chapter which shall be subject to  article  eleven  of  the  social
services law.
  6. "Administrator" or "school administrator" shall mean a principal of
a  public  school,  NON-RESIDENTIAL SPECIAL EDUCATION SCHOOL OR PROGRAM,
charter school or board of cooperative educational  services,  or  other
chief school officer.
  10. "NON-RESIDENTIAL SPECIAL EDUCATION SCHOOL OR PROGRAM" SHALL MEAN A
STATE  SUPPORTED SCHOOL OPERATED PURSUANT TO ARTICLE EIGHTY-FIVE OF THIS
CHAPTER THAT DOES NOT HAVE A RESIDENTIAL COMPONENT, AN APPROVED  PRIVATE
NON-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 ALSO APPLY TO AN APPROVED PRIVATE RESIDEN-
TIAL  SCHOOL  OR  APPROVED  PROVIDER OF PRESCHOOL SPECIAL EDUCATION THAT
PROVIDES A RESIDENTIAL PROGRAM THAT ALSO PROVIDES A DAY PROGRAM OR OTHER
NON-RESIDENTIAL PROGRAM IF THE STUDENTS IN SUCH NON-RESIDENTIAL  PROGRAM
ARE  NOT  CHILDREN  IN  "RESIDENTIAL  CARE,"  AS DEFINED IN SECTION FOUR
HUNDRED TWELVE-A OF THE SOCIAL SERVICES LAW,  FOR  WHOM  ALLEGATIONS  OF
ABUSE  OF  A CHILD IN RESIDENTIAL CARE OR NEGLECT OF A CHILD IN RESIDEN-
TIAL CARE ARE SUBJECT TO MANDATORY REPORTING TO  THE  STATEWIDE  CENTRAL
REGISTER  OF CHILD ABUSE AND MALTREATMENT PURSUANT TO TITLE SIX OF ARTI-
CLE SIX OF THE SOCIAL SERVICES LAW.
  S 6. Subdivision 2 of section 1126 of the education law, as  added  by
chapter 180 of the laws of 2000, is amended to read as follows:
  2.  [In]  (A)  EXCEPT  AS  OTHERWISE PROVIDED IN PARAGRAPH (B) OF THIS
SUBDIVISION, IN any case where it is alleged that a child was abused  by
an  employee,  or  volunteer  of a school other than a school within the
school district of the child's attendance, the report  of  such  allega-
tions  shall  be  promptly forwarded to the superintendent of schools of
the school district of the child's attendance and  the  school  district
where  the  abuse  allegedly occurred, whereupon both school superinten-
dents shall comply with sections eleven hundred twenty-eight and  eleven
hundred twenty-eight-a of this article.

A. 7443                             5

  (B)  IN  THE CASE OF A NON-RESIDENTIAL SPECIAL EDUCATION SCHOOL, WHERE
IT IS ALLEGED THAT A CHILD WAS ABUSED BY AN  EMPLOYEE  OR  VOLUNTEER  OF
SUCH  NON-RESIDENTIAL SPECIAL EDUCATION SCHOOL, THE REPORT OF SUCH ALLE-
GATIONS SHALL BE PROMPTLY FORWARDED TO THE ADMINISTRATOR OF SUCH SCHOOL,
WHO  SHALL BE RESPONSIBLE FOR COMPLIANCE WITH ALL THE PROVISIONS OF THIS
ARTICLE THAT APPLY TO SUPERINTENDENTS OF SCHOOLS.
  S 7. Subdivision 1 of section 1128-a of the education law, as added by
chapter 180 of the laws of 2000, is amended to read as follows:
  1. Where a superintendent of schools OR SCHOOL ADMINISTRATOR  forwards
to law enforcement a report as described in paragraph (a) of subdivision
one  of  section  eleven  hundred  twenty-six of this article, he or she
shall refer such report to the commissioner where the employee or volun-
teer alleged to have committed an act of child abuse as defined in  this
article holds a certification or license issued by the department.
  S  8.  Subdivision 3 of section 1133 of the education law, as added by
chapter 180 of the laws of 2000, is amended to read as follows:
  3. Any superintendent of schools OR SCHOOL ADMINISTRATOR  who  reason-
ably  and in good faith reports to law enforcement officials information
regarding allegations of child abuse or a  resignation  as  required  by
this  article shall have immunity from any liability, civil or criminal,
which might otherwise result by reason of such actions.
  S 9. Paragraph a of subdivision 39 of section 1604  of  the  education
law,  as  amended by chapter 147 of the laws of 2001, is amended to read
as follows:
  a. Shall require, for purposes of a criminal history record check, the
fingerprinting of all prospective employees pursuant  to  section  three
thousand  thirty-five  of  this chapter, who do not hold valid clearance
pursuant to such section 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. Prior to initiating the finger-
printing process, the prospective employer shall furnish  the  applicant
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. PROSPECTIVE
EMPLOYEES, INCLUDING OUT-OF-STATE APPLICANTS TO THE EXTENT  PRACTICABLE,
SHALL  BE  FINGERPRINTED  BY  AUTHORIZED PERSONNEL AT DESIGNATED FINGER-
PRINTING ENTITIES APPROVED BY THE DEPARTMENT, USING ELECTRONIC  SCANNING
TECHNOLOGY  APPROVED BY THE DEPARTMENT. OUT-OF-STATE PROSPECTIVE EMPLOY-
EES WHO SUBMIT FINGERPRINT CARDS AND  ARE  NOT  FINGERPRINTED  ELECTRON-
ICALLY  PURSUANT  TO THE REQUIREMENTS OF THIS PARAGRAPH SHALL BE FINGER-
PRINTED ELECTRONICALLY PRIOR TO EMPLOYMENT WITHIN THE STATE. IN ADDITION
TO THE REQUIREMENTS OF THIS PARAGRAPH, THE COMMISSIONER SHALL  ESTABLISH
MINIMUM  STANDARDS  AND PROCEDURES FOR IDENTIFICATION VERIFICATION TO BE
FOLLOWED AT FINGERPRINTING SITES, WHICH SHALL INCLUDE  THE  REQUIREMENTS
OF  THIS SECTION IN REGULATIONS OF THE COMMISSIONER. PRIOR TO INITIATING
THE FINGERPRINTING PROCESS AND IN THE PRESENCE OF AUTHORIZED  PERSONNEL,
A  PROSPECTIVE  EMPLOYEE  SHALL  SIGN  A SWORN STATEMENT PREPARED BY THE
DEPARTMENT VERIFYING THE PROSPECTIVE EMPLOYEE'S IDENTITY AND PRESENT TWO
FORMS OF IDENTIFICATION, ONE OF WHICH SHALL BE  AN  OFFICIAL  GOVERNMENT
ISSUED  PHOTO  IDENTIFICATION CAPABLE OF BEING VERIFIED. A PHOTOGRAPH OF
THE PROSPECTIVE EMPLOYEE SHALL BE  TAKEN  BY  AUTHORIZED  PERSONNEL  AND
AFFIXED  TO  THE  PROSPECTIVE  EMPLOYEE'S  SIGNED, SWORN STATEMENT. UPON
COMPLETION OF THE FINGERPRINTING PROCESS, THE AUTHORIZED PERSONNEL SHALL
SIGN AN AFFIDAVIT, ON A FORM PRESCRIBED BY THE  COMMISSIONER,  ATTESTING
THAT  HE  OR  SHE VERIFIED THE PHOTO IDENTIFICATION PRESENTED, WITNESSED
THE SIGNATURE AND PROCESSED THE FINGERPRINTS  IN  ACCORDANCE  WITH  THIS

A. 7443                             6

CHAPTER  AND  THE  RULES AND REGULATIONS OF THE DEPARTMENT. Every set of
fingerprints taken  pursuant  to  this  subdivision  shall  be  promptly
submitted to the commissioner for purposes of clearance for employment.
  S  10.  Paragraph a of subdivision 39 of section 1709 of the education
law, as amended by chapter 147 of the laws of 2001, is amended  to  read
as follows:
  a. Shall require, for purposes of a criminal history record check, the
fingerprinting  of  all  prospective employees pursuant to section three
thousand thirty-five of this chapter, who do not  hold  valid  clearance
pursuant to such section 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. Prior to initiating  the  finger-
printing  process,  the prospective employer shall furnish the applicant
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.    PROSPECTIVE
EMPLOYEES,  INCLUDING OUT-OF-STATE APPLICANTS TO THE EXTENT PRACTICABLE,
SHALL BE FINGERPRINTED BY AUTHORIZED  PERSONNEL  AT  DESIGNATED  FINGER-
PRINTING  ENTITIES APPROVED BY THE DEPARTMENT, USING ELECTRONIC SCANNING
TECHNOLOGY APPROVED BY THE DEPARTMENT. OUT-OF-STATE PROSPECTIVE  EMPLOY-
EES  WHO  SUBMIT  FINGERPRINT  CARDS AND ARE NOT FINGERPRINTED ELECTRON-
ICALLY PURSUANT TO THE REQUIREMENTS OF THIS PARAGRAPH SHALL  BE  FINGER-
PRINTED ELECTRONICALLY PRIOR TO EMPLOYMENT WITHIN THE STATE. IN ADDITION
TO  THE REQUIREMENTS OF THIS PARAGRAPH, THE COMMISSIONER SHALL ESTABLISH
MINIMUM STANDARDS AND PROCEDURES FOR IDENTIFICATION VERIFICATION  TO  BE
FOLLOWED  AT  FINGERPRINTING SITES, WHICH SHALL INCLUDE THE REQUIREMENTS
OF THIS SECTION IN REGULATIONS OF THE COMMISSIONER. PRIOR TO  INITIATING
THE  FINGERPRINTING PROCESS AND IN THE PRESENCE OF AUTHORIZED PERSONNEL,
A PROSPECTIVE EMPLOYEE SHALL SIGN A  SWORN  STATEMENT  PREPARED  BY  THE
DEPARTMENT VERIFYING THE PROSPECTIVE EMPLOYEE'S IDENTITY AND PRESENT TWO
FORMS  OF  IDENTIFICATION,  ONE OF WHICH SHALL BE AN OFFICIAL GOVERNMENT
ISSUED PHOTO IDENTIFICATION CAPABLE OF BEING VERIFIED. A  PHOTOGRAPH  OF
THE  PROSPECTIVE  EMPLOYEE  SHALL  BE  TAKEN BY AUTHORIZED PERSONNEL AND
AFFIXED TO THE PROSPECTIVE  EMPLOYEE'S  SIGNED,  SWORN  STATEMENT.  UPON
COMPLETION OF THE FINGERPRINTING PROCESS, THE AUTHORIZED PERSONNEL SHALL
SIGN  AN  AFFIDAVIT, ON A FORM PRESCRIBED BY THE COMMISSIONER, ATTESTING
THAT HE OR SHE VERIFIED THE PHOTO  IDENTIFICATION  PRESENTED,  WITNESSED
THE  SIGNATURE  AND  PROCESSED  THE FINGERPRINTS IN ACCORDANCE WITH THIS
CHAPTER AND THE RULES AND REGULATIONS OF THE DEPARTMENT.  Every  set  of
fingerprints  taken  pursuant  to  this  subdivision  shall  be promptly
submitted to the commissioner for purposes of clearance for employment.
  S 11. Paragraph a of subdivision 9 of section 1804  of  the  education
law,  as  amended by chapter 147 of the laws of 2001, is amended to read
as follows:
  a. The board of education shall, for purposes of  a  criminal  history
record  check,  require  the fingerprinting of all prospective employees
pursuant to section three thousand thirty-five of this chapter,  who  do
not hold valid clearance pursuant to such section 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. Prior to
initiating the fingerprinting process, the  prospective  employer  shall
furnish the applicant with the form described in paragraph (c) of subdi-
vision  thirty  of  section three hundred five of this chapter and shall
obtain the applicant's consent to the criminal history  records  search.
PROSPECTIVE  EMPLOYEES,  INCLUDING OUT-OF-STATE APPLICANTS TO THE EXTENT
PRACTICABLE, SHALL BE FINGERPRINTED BY AUTHORIZED  PERSONNEL  AT  DESIG-

A. 7443                             7

NATED  FINGERPRINTING  ENTITIES  APPROVED BY THE DEPARTMENT, USING ELEC-
TRONIC SCANNING TECHNOLOGY  APPROVED  BY  THE  DEPARTMENT.  OUT-OF-STATE
PROSPECTIVE  EMPLOYEES  WHO SUBMIT FINGERPRINT CARDS AND ARE NOT FINGER-
PRINTED  ELECTRONICALLY  PURSUANT  TO THE REQUIREMENTS OF THIS PARAGRAPH
SHALL BE FINGERPRINTED ELECTRONICALLY PRIOR  TO  EMPLOYMENT  WITHIN  THE
STATE.    IN ADDITION TO THE REQUIREMENTS OF THIS PARAGRAPH, THE COMMIS-
SIONER SHALL ESTABLISH MINIMUM STANDARDS AND PROCEDURES FOR  IDENTIFICA-
TION  VERIFICATION  TO  BE FOLLOWED AT FINGERPRINTING SITES, WHICH SHALL
INCLUDE THE REQUIREMENTS OF THIS SECTION IN REGULATIONS OF  THE  COMMIS-
SIONER.  PRIOR TO INITIATING THE FINGERPRINTING PROCESS AND IN THE PRES-
ENCE OF AUTHORIZED PERSONNEL, A PROSPECTIVE EMPLOYEE SHALL SIGN A  SWORN
STATEMENT  PREPARED  BY THE DEPARTMENT VERIFYING THE PROSPECTIVE EMPLOY-
EE'S IDENTITY AND PRESENT TWO FORMS  OF  IDENTIFICATION,  ONE  OF  WHICH
SHALL  BE  AN OFFICIAL GOVERNMENT ISSUED PHOTO IDENTIFICATION CAPABLE OF
BEING VERIFIED. A PHOTOGRAPH OF THE PROSPECTIVE EMPLOYEE SHALL BE  TAKEN
BY  AUTHORIZED  PERSONNEL  AND  AFFIXED  TO  THE  PROSPECTIVE EMPLOYEE'S
SIGNED, SWORN STATEMENT.  UPON COMPLETION OF THE FINGERPRINTING PROCESS,
THE AUTHORIZED PERSONNEL SHALL SIGN AN AFFIDAVIT, ON A  FORM  PRESCRIBED
BY  THE  COMMISSIONER, ATTESTING THAT HE OR SHE VERIFIED THE PHOTO IDEN-
TIFICATION PRESENTED, WITNESSED THE SIGNATURE AND PROCESSED THE  FINGER-
PRINTS  IN ACCORDANCE WITH THIS CHAPTER AND THE RULES AND REGULATIONS OF
THE DEPARTMENT. Every set of fingerprints taken pursuant to this  subdi-
vision  shall  be promptly submitted to the commissioner for purposes of
clearance for employment.
  S 12. Subparagraph a of paragraph ll of subdivision 4 of section  1950
of  the education law, as amended by chapter 147 of the laws of 2001, is
amended to read as follows:
  a. Shall require, for purposes of a criminal history record check, the
fingerprinting of all prospective employees pursuant  to  section  three
thousand  thirty-five  of  this chapter, who do not hold valid clearance
pursuant to such section 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. Prior to initiating the finger-
printing process, the prospective employer shall furnish  the  applicant
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.   PROSPECTIVE
EMPLOYEES, INCLUDING OUT-OF-STATE APPLICANTS TO THE EXTENT  PRACTICABLE,
SHALL  BE  FINGERPRINTED  BY  AUTHORIZED PERSONNEL AT DESIGNATED FINGER-
PRINTING ENTITIES APPROVED BY THE DEPARTMENT, USING ELECTRONIC  SCANNING
TECHNOLOGY  APPROVED BY THE DEPARTMENT. OUT-OF-STATE PROSPECTIVE EMPLOY-
EES WHO SUBMIT FINGERPRINT CARDS AND  ARE  NOT  FINGERPRINTED  ELECTRON-
ICALLY  PURSUANT TO THE REQUIREMENTS OF THIS SUBPARAGRAPH SHALL BE FING-
ERPRINTED ELECTRONICALLY  PRIOR  TO  EMPLOYMENT  WITHIN  THE  STATE.  IN
ADDITION  TO  THE  REQUIREMENTS  OF  THIS SUBPARAGRAPH, THE COMMISSIONER
SHALL ESTABLISH MINIMUM  STANDARDS  AND  PROCEDURES  FOR  IDENTIFICATION
VERIFICATION TO BE FOLLOWED AT FINGERPRINTING SITES, WHICH SHALL INCLUDE
THE  REQUIREMENTS  OF  THIS  SECTION IN REGULATIONS OF THE COMMISSIONER.
PRIOR TO INITIATING THE FINGERPRINTING PROCESS AND IN  THE  PRESENCE  OF
AUTHORIZED  PERSONNEL,  A PROSPECTIVE EMPLOYEE SHALL SIGN A SWORN STATE-
MENT PREPARED BY THE DEPARTMENT  VERIFYING  THE  PROSPECTIVE  EMPLOYEE'S
IDENTITY  AND PRESENT TWO FORMS OF IDENTIFICATION, ONE OF WHICH SHALL BE
AN OFFICIAL GOVERNMENT ISSUED  PHOTO  IDENTIFICATION  CAPABLE  OF  BEING
VERIFIED.  A  PHOTOGRAPH  OF  THE PROSPECTIVE EMPLOYEE SHALL BE TAKEN BY
AUTHORIZED PERSONNEL AND AFFIXED TO THE PROSPECTIVE  EMPLOYEE'S  SIGNED,
SWORN  STATEMENT.  UPON  COMPLETION  OF  THE FINGERPRINTING PROCESS, THE

A. 7443                             8

AUTHORIZED PERSONNEL SHALL SIGN AN AFFIDAVIT, ON A  FORM  PRESCRIBED  BY
THE  COMMISSIONER, ATTESTING THAT HE OR SHE VERIFIED THE PHOTO IDENTIFI-
CATION PRESENTED, WITNESSED THE SIGNATURE AND PROCESSED THE FINGERPRINTS
IN  ACCORDANCE  WITH  THIS  CHAPTER AND THE RULES AND REGULATIONS OF THE
DEPARTMENT. Every set of fingerprints taken pursuant to  this  paragraph
shall  be  promptly submitted to the commissioner for purposes of clear-
ance for employment.
  S 13. Subdivision 4 of section 1950 of the education law is amended by
adding a new paragraph oo to read as follows:
  OO. TO PROCESS FINGERPRINTS TO BE UTILIZED IN CRIMINAL HISTORY  RECORD
CHECKS  FOR  PROSPECTIVE EMPLOYEES OF NONPUBLIC ELEMENTARY AND SECONDARY
SCHOOLS, SPECIAL EDUCATION SCHOOLS, NON-COMPONENT SCHOOL  DISTRICTS  AND
CHARTER  SCHOOLS PURSUANT TO SUBDIVISION THIRTY OF SECTION THREE HUNDRED
FIVE OF THIS CHAPTER AND TO ENTER CONTRACTS WITH SUCH SCHOOLS  FOR  SUCH
PURPOSE,  AND  TO  PROCESS  FINGERPRINTS  FOR  CRIMINAL  HISTORY RECORDS
SEARCHES PURSUANT TO SECTION THREE THOUSAND THIRTY-FIVE OF THIS  CHAPTER
FOR  APPLICANTS FOR TEACHER CERTIFICATION AND FOR APPLICANTS FOR A CHAR-
TER AS A CHARTER SCHOOL PURSUANT TO SUBDIVISION FOUR OF SECTION  TWENTY-
EIGHT HUNDRED FIFTY-TWO OF THIS CHAPTER.  SUCH PROCESSING SERVICES SHALL
BE  PROVIDED  AT  COST AND THE BOARD OF COOPERATIVE EDUCATIONAL SERVICES
SHALL NOT BE AUTHORIZED TO CHARGE ANY COSTS INCURRED IN  PROVIDING  SUCH
SERVICES  TO  ITS  COMPONENT  SCHOOL DISTRICTS. THE BOARD OF COOPERATIVE
EDUCATIONAL SERVICES ARE HEREBY AUTHORIZED TO DO AND PERFORM ANY AND ALL
ACTS NECESSARY OR CONVENIENT  IN  RELATION  TO  THE  PROVISION  OF  SUCH
SERVICES.
  S  14.  Paragraph a of subdivision 18 of section 2503 of the education
law, as amended by chapter 147 of the laws of 2001, is amended  to  read
as follows:
  a. Shall require, for purposes of a criminal history record check, the
fingerprinting  of  all  prospective employees pursuant to section three
thousand thirty-five of this chapter, who do not  hold  valid  clearance
pursuant to such section 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. Prior to initiating  the  finger-
printing  process,  the prospective employer shall furnish the applicant
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.
PROSPECTIVE  EMPLOYEES,  INCLUDING OUT-OF-STATE APPLICANTS TO THE EXTENT
PRACTICABLE, SHALL BE FINGERPRINTED BY AUTHORIZED  PERSONNEL  AT  DESIG-
NATED  FINGERPRINTING  ENTITIES  APPROVED BY THE DEPARTMENT, USING ELEC-
TRONIC SCANNING TECHNOLOGY  APPROVED  BY  THE  DEPARTMENT.  OUT-OF-STATE
PROSPECTIVE  EMPLOYEES  WHO SUBMIT FINGERPRINT CARDS AND ARE NOT FINGER-
PRINTED ELECTRONICALLY PURSUANT TO THE REQUIREMENTS  OF  THIS  PARAGRAPH
SHALL  BE  FINGERPRINTED  ELECTRONICALLY  PRIOR TO EMPLOYMENT WITHIN THE
STATE. IN ADDITION TO THE REQUIREMENTS OF THIS  PARAGRAPH,  THE  COMMIS-
SIONER  SHALL ESTABLISH MINIMUM STANDARDS AND PROCEDURES FOR IDENTIFICA-
TION VERIFICATION TO BE FOLLOWED AT FINGERPRINTING  SITES,  WHICH  SHALL
INCLUDE  THE  REQUIREMENTS OF THIS SECTION IN REGULATIONS OF THE COMMIS-
SIONER. PRIOR TO INITIATING THE FINGERPRINTING PROCESS AND IN THE  PRES-
ENCE  OF AUTHORIZED PERSONNEL, A PROSPECTIVE EMPLOYEE SHALL SIGN A SWORN
STATEMENT PREPARED BY THE DEPARTMENT VERIFYING THE  PROSPECTIVE  EMPLOY-
EE'S  IDENTITY  AND  PRESENT  TWO  FORMS OF IDENTIFICATION, ONE OF WHICH
SHALL BE AN OFFICIAL GOVERNMENT ISSUED PHOTO IDENTIFICATION  CAPABLE  OF

A. 7443                             9

BEING  VERIFIED. A PHOTOGRAPH OF THE PROSPECTIVE EMPLOYEE SHALL BE TAKEN
BY AUTHORIZED  PERSONNEL  AND  AFFIXED  TO  THE  PROSPECTIVE  EMPLOYEE'S
SIGNED,  SWORN STATEMENT. UPON COMPLETION OF THE FINGERPRINTING PROCESS,
THE  AUTHORIZED  PERSONNEL SHALL SIGN AN AFFIDAVIT, ON A FORM PRESCRIBED
BY THE COMMISSIONER, ATTESTING THAT HE OR SHE VERIFIED THE  PHOTO  IDEN-
TIFICATION  PRESENTED, WITNESSED THE SIGNATURE AND PROCESSED THE FINGER-
PRINTS IN ACCORDANCE WITH THIS CHAPTER AND THE RULES AND REGULATIONS  OF
THE DEPARTMENT.
  S  15.  Paragraph a of subdivision 25 of section 2554 of the education
law, as amended by section 2 of chapter 91  of  the  laws  of  2002,  is
amended to read as follows:
  a. Shall require, for purposes of a criminal history record check, the
fingerprinting  of  all  prospective employees pursuant to section three
thousand thirty-five of this chapter, who do not  hold  valid  clearance
pursuant to such section 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. Prior to initiating  the  finger-
printing  process,  the prospective employer shall furnish the applicant
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.
PROSPECTIVE  EMPLOYEES,  INCLUDING OUT-OF-STATE APPLICANTS TO THE EXTENT
PRACTICABLE, SHALL BE FINGERPRINTED BY AUTHORIZED  PERSONNEL  AT  DESIG-
NATED  FINGERPRINTING  ENTITIES  APPROVED BY THE DEPARTMENT, USING ELEC-
TRONIC SCANNING TECHNOLOGY  APPROVED  BY  THE  DEPARTMENT.  OUT-OF-STATE
PROSPECTIVE  EMPLOYEES  WHO SUBMIT FINGERPRINT CARDS AND ARE NOT FINGER-
PRINTED ELECTRONICALLY PURSUANT TO THE REQUIREMENTS  OF  THIS  PARAGRAPH
SHALL  BE  FINGERPRINTED  ELECTRONICALLY  PRIOR TO EMPLOYMENT WITHIN THE
STATE. IN ADDITION TO THE REQUIREMENTS OF THIS  PARAGRAPH,  THE  COMMIS-
SIONER  SHALL ESTABLISH MINIMUM STANDARDS AND PROCEDURES FOR IDENTIFICA-
TION VERIFICATION TO BE FOLLOWED AT FINGERPRINTING  SITES,  WHICH  SHALL
INCLUDE  THE  REQUIREMENTS OF THIS SECTION IN REGULATIONS OF THE COMMIS-
SIONER. PRIOR TO INITIATING THE FINGERPRINTING PROCESS AND IN THE  PRES-
ENCE  OF AUTHORIZED PERSONNEL, A PROSPECTIVE EMPLOYEE SHALL SIGN A SWORN
STATEMENT PREPARED BY THE DEPARTMENT VERIFYING THE  PROSPECTIVE  EMPLOY-
EE'S  IDENTITY  AND  PRESENT  TWO  FORMS OF IDENTIFICATION, ONE OF WHICH
SHALL BE AN OFFICIAL GOVERNMENT ISSUED PHOTO IDENTIFICATION  CAPABLE  OF
BEING  VERIFIED. A PHOTOGRAPH OF THE PROSPECTIVE EMPLOYEE SHALL BE TAKEN
BY AUTHORIZED  PERSONNEL  AND  AFFIXED  TO  THE  PROSPECTIVE  EMPLOYEE'S
SIGNED,  SWORN STATEMENT. UPON COMPLETION OF THE FINGERPRINTING PROCESS,
THE AUTHORIZED PERSONNEL SHALL SIGN AN AFFIDAVIT, ON A  FORM  PRESCRIBED
BY  THE  COMMISSIONER, ATTESTING THAT HE OR SHE VERIFIED THE PHOTO IDEN-
TIFICATION PRESENTED, WITNESSED THE SIGNATURE AND PROCESSED THE  FINGER-
PRINTS  IN ACCORDANCE WITH THIS CHAPTER AND THE RULES AND REGULATIONS OF
THE DEPARTMENT.
  S 16. 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
as a prerequisite for licensure and/or employment of such personnel AND,
THE TAKING OF  FINGERPRINTS  AS  A  PREREQUISITE  FOR  LICENSURE  AND/OR
EMPLOYMENT  OF  PERSONNEL  EMPLOYED  BY  A  SPECIAL EDUCATION SCHOOL, AS
DEFINED IN SUBDIVISION THIRTY OF SECTION  THREE  HUNDRED  FIVE  OF  THIS

A. 7443                            10

CHAPTER, THAT CONTRACTS WITH THE CITY SCHOOL DISTRICT OF THE CITY OF NEW
YORK.    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 16-a. 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
as a prerequisite for licensure and/or employment of such personnel AND,
THE TAKING OF  FINGERPRINTS  AS  A  PREREQUISITE  FOR  LICENSURE  AND/OR
EMPLOYMENT  OF  PERSONNEL  EMPLOYED  BY  A  SPECIAL EDUCATION SCHOOL, AS
DEFINED IN SUBDIVISION THIRTY OF SECTION  THREE  HUNDRED  FIVE  OF  THIS
CHAPTER, THAT CONTRACTS WITH THE CITY SCHOOL DISTRICT OF THE CITY OF NEW
YORK.    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  17. Subparagraph (i) of paragraph (a-2) of subdivision 3 of section
2854 of the education law, as amended by chapter  147  of  the  laws  of
2001, is amended to read as follows:
  (i)  The  board  of  trustees  of  a charter school shall require, for
purposes of a criminal history record check, the fingerprinting  of  all
prospective  employees pursuant to section three thousand thirty-five of
this chapter, who do not hold valid clearance pursuant to  such  section
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.  Prior  to  initiating  the  fingerprinting  process,  the
prospective employer shall furnish the applicant 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. PROSPECTIVE  EMPLOYEES,  INCLUDING  OUT-OF-STATE
APPLICANTS  TO THE EXTENT PRACTICABLE, SHALL BE FINGERPRINTED BY AUTHOR-
IZED PERSONNEL AT DESIGNATED FINGERPRINTING  ENTITIES  APPROVED  BY  THE
DEPARTMENT, USING ELECTRONIC SCANNING TECHNOLOGY APPROVED BY THE DEPART-
MENT.    OUT-OF-STATE PROSPECTIVE EMPLOYEES WHO SUBMIT FINGERPRINT CARDS
AND ARE NOT FINGERPRINTED ELECTRONICALLY PURSUANT TO THE REQUIREMENTS OF
THIS SUBPARAGRAPH SHALL BE FINGERPRINTED ELECTRONICALLY PRIOR TO EMPLOY-
MENT WITHIN THE STATE. IN ADDITION TO THE REQUIREMENTS OF THIS  SUBPARA-
GRAPH, THE COMMISSIONER SHALL ESTABLISH MINIMUM STANDARDS AND PROCEDURES
FOR  IDENTIFICATION VERIFICATION TO BE FOLLOWED AT FINGERPRINTING SITES,
WHICH SHALL INCLUDE THE REQUIREMENTS OF THIS SECTION IN  REGULATIONS  OF
THE  COMMISSIONER. PRIOR TO INITIATING THE FINGERPRINTING PROCESS AND IN
THE PRESENCE OF AUTHORIZED PERSONNEL, A PROSPECTIVE EMPLOYEE SHALL  SIGN
A  SWORN  STATEMENT PREPARED BY THE DEPARTMENT VERIFYING THE PROSPECTIVE
EMPLOYEE'S IDENTITY AND PRESENT TWO  FORMS  OF  IDENTIFICATION,  ONE  OF
WHICH  SHALL BE AN OFFICIAL GOVERNMENT ISSUED PHOTO IDENTIFICATION CAPA-
BLE OF BEING VERIFIED. A PHOTOGRAPH OF THE PROSPECTIVE EMPLOYEE SHALL BE
TAKEN BY AUTHORIZED PERSONNEL AND AFFIXED TO THE PROSPECTIVE  EMPLOYEE'S
SIGNED,  SWORN STATEMENT. UPON COMPLETION OF THE FINGERPRINTING PROCESS,
THE AUTHORIZED PERSONNEL SHALL SIGN AN AFFIDAVIT, ON A  FORM  PRESCRIBED

A. 7443                            11

BY  THE  COMMISSIONER, ATTESTING THAT HE OR SHE VERIFIED THE PHOTO IDEN-
TIFICATION PRESENTED, WITNESSED THE SIGNATURE AND PROCESSED THE  FINGER-
PRINTS  IN ACCORDANCE WITH THIS CHAPTER AND THE RULES AND REGULATIONS OF
THE  DEPARTMENT.  Every set of fingerprints taken pursuant to this para-
graph shall be promptly submitted to the commissioner  for  purposes  of
clearance for employment.
  S  18.  Subdivision 1 of section 3004-b of the education law, as sepa-
rately amended by chapters 147 and 380 of the laws of 2001,  is  amended
to read as follows:
  1. Criminal history records search. Upon receipt of an application for
certification  as a superintendent of schools, teacher, administrator or
supervisor, teaching assistant or school personnel required  to  hold  a
teaching  or  administrative  license  or  certificate, the commissioner
shall, subject to the rules and regulations of the division of  criminal
justice  services,  initiate  a  criminal  history records search of the
person making application, except that nothing in this section shall  be
construed  to  require  a criminal history record check of an individual
who holds a valid provisional certificate on the effective date of  this
section  and applies for permanent certification in the same certificate
title, or of an individual who applies for a temporary license to  serve
in the city school district of the city of New York and has been cleared
for licensure and/or employment by such city school district pursuant to
subdivision twenty of section twenty-five hundred ninety-h of this chap-
ter.  Prior  to  initiating the fingerprinting process, the commissioner
shall furnish the applicant 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.  PROSPECTIVE EMPLOYEES, INCLUDING OUT-OF-STATE APPLICANTS TO THE
EXTENT  PRACTICABLE,  SHALL  BE FINGERPRINTED BY AUTHORIZED PERSONNEL AT
DESIGNATED FINGERPRINTING ENTITIES APPROVED  BY  THE  DEPARTMENT,  USING
ELECTRONIC  SCANNING TECHNOLOGY APPROVED BY THE DEPARTMENT. OUT-OF-STATE
PROSPECTIVE EMPLOYEES WHO SUBMIT FINGERPRINT CARDS AND ARE  NOT  FINGER-
PRINTED  ELECTRONICALLY PURSUANT TO THE REQUIREMENTS OF THIS SUBDIVISION
SHALL BE FINGERPRINTED ELECTRONICALLY PRIOR  TO  EMPLOYMENT  WITHIN  THE
STATE.  IN ADDITION TO THE REQUIREMENTS OF THIS SUBDIVISION, THE COMMIS-
SIONER SHALL ESTABLISH MINIMUM STANDARDS AND PROCEDURES FOR  IDENTIFICA-
TION  VERIFICATION  TO  BE FOLLOWED AT FINGERPRINTING SITES, WHICH SHALL
INCLUDE THE REQUIREMENTS OF THIS SECTION IN REGULATIONS OF  THE  COMMIS-
SIONER.  PRIOR TO INITIATING THE FINGERPRINTING PROCESS AND IN THE PRES-
ENCE OF AUTHORIZED PERSONNEL, A PROSPECTIVE EMPLOYEE SHALL SIGN A  SWORN
STATEMENT  PREPARED  BY THE DEPARTMENT VERIFYING THE PROSPECTIVE EMPLOY-
EE'S IDENTITY AND PRESENT TWO FORMS  OF  IDENTIFICATION,  ONE  OF  WHICH
SHALL  BE  AN OFFICIAL GOVERNMENT ISSUED PHOTO IDENTIFICATION CAPABLE OF
BEING VERIFIED. A PHOTOGRAPH OF THE PROSPECTIVE EMPLOYEE SHALL BE  TAKEN
BY  AUTHORIZED  PERSONNEL  AND  AFFIXED  TO  THE  PROSPECTIVE EMPLOYEE'S
SIGNED, SWORN STATEMENT.  UPON COMPLETION OF THE FINGERPRINTING PROCESS,
THE AUTHORIZED PERSONNEL SHALL SIGN AN AFFIDAVIT, ON A  FORM  PRESCRIBED
BY  THE  COMMISSIONER, ATTESTING THAT HE OR SHE VERIFIED THE PHOTO IDEN-
TIFICATION PRESENTED, WITNESSED THE SIGNATURE AND PROCESSED THE  FINGER-
PRINTS  IN ACCORDANCE WITH THIS CHAPTER AND THE RULES AND REGULATIONS OF
THE DEPARTMENT. The commissioner shall obtain from  each  applicant  ONE
SET,  OR  WHERE  NECESSARY, two sets of fingerprints 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 commissioner
shall  promptly  transmit  such fingerprints and fees to the division of

A. 7443                            12

criminal justice services for its full search and retain processing. The
division of criminal justice services is authorized to submit the  fing-
erprints  and the appropriate fee to the federal bureau of investigation
for  a  national criminal history record check. 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.  In  addition,  upon
request  from  an applicant who has applied for employment with the city
school district of the city of New York, 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  applicant   is
employed  by the city school district of the city of New York, the divi-
sion 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 an applicant who has
already been cleared for licensure and/or employment by the city  school
district  of  the  city of New York, such school district shall have the
authority to forward a copy of the applicant's criminal  history  record
to  the  commissioner,  by the most expeditious means available, for the
purposes of this  section.  Furthermore,  upon  notification  that  such
applicant  has been certified, the division of criminal justice services
shall have the authority to provide subsequent criminal history  notifi-
cations  directly to the commissioner. All such criminal history records
processed and sent pursuant to this subdivision  shall  be  confidential
pursuant  to  the  applicable  federal  and  state laws, rules and regu-
lations, and shall not be published or in any way disclosed  to  persons
other  than  the  commissioner,  unless otherwise authorized by law.  No
cause of action against the  department  or  the  division  of  criminal
justice  services  for  damages related to the dissemination of criminal
history records pursuant  to  this  subdivision  shall  exist  when  the
department  or  division of criminal justice services has reasonably and
in good faith relied upon the  accuracy  and  completeness  of  criminal
history information furnished to it by qualified agencies. The provision
of  such  criminal  history  record  by the division of criminal justice
services shall be subject to the provisions of  subdivision  sixteen  of
section  two  hundred  ninety-six of the executive law. The commissioner
shall consider such criminal history record pursuant to article  twenty-
three-A of the correction law.
  S  19. Paragraph b of subdivision 2 of section 3020-a of the education
law, as amended by section 1 of part B of chapter  57  of  the  laws  of
2012, is amended to read as follows:
  b.  The employee may be suspended pending a hearing on the charges and
the final determination thereof.  The  suspension  shall  be  with  pay,
except  the  employee  may  be suspended without pay if the employee has
entered a guilty plea to  or  has  been  convicted  of  a  felony  crime
concerning  the criminal sale or possession of a controlled substance, a
precursor of a controlled substance, or drug paraphernalia as defined in
article two hundred twenty or two hundred twenty-one of the  penal  law;
or  a  felony crime involving the physical abuse of a minor or student ,
OR A FELONY CRIME INVOLVING THE SUBMISSION OF FALSE INFORMATION, OR  THE
COMMISSION  OF  FRAUD,  RELATED TO A CRIMINAL HISTORY RECORD CHECK.  The
employee shall be terminated without a hearing, as provided for in  this

A. 7443                            13

section,  upon  conviction  of a sex offense, as defined in subparagraph
two of paragraph b of subdivision seven-a of section three hundred  five
of  this  chapter.  To  the  extent  this section applies to an employee
acting  as  a school administrator or supervisor, as defined in subpara-
graph three of paragraph b  of  subdivision  seven-b  of  section  three
hundred  five of this chapter, such employee shall be terminated without
a hearing, as provided for in this section, upon conviction of a  felony
offense  defined  in  subparagraph  two  of  paragraph  b of subdivision
seven-b of section three hundred five of this chapter.
  S 20. 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 ONE SET  OR  WHERE  NECESSARY,  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 nonpublic and private elementary and
secondary schools pursuant to title two of this  chapter  OR  A  SPECIAL
EDUCATION  SCHOOL,  AS DEFINED IN PARAGRAPH (F) OF SUBDIVISION THIRTY OF
SECTION THREE HUNDRED FIVE OF THIS CHAPTER, PURSUANT  TO  TITLE  SIX  OF
ARTICLE  SIX  OF THE SOCIAL SERVICES LAW, 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  21.  Subdivisions  3  and 3-a of section 3035 of the education law,
subdivision 3 as amended by section 7 of chapter 630 of the laws of 2006
and subdivision 3-a as added by chapter 380 of the  laws  of  2001,  are
amended to read as follows:
  3.  (a) Clearance. After receipt of a criminal history record from the
division of criminal justice services and the federal bureau of investi-
gation the commissioner shall promptly  notify  the  appropriate  school
district,  charter  school,  board  of cooperative educational services,
[or] nonpublic or private elementary or  secondary  school,  OR  SPECIAL
EDUCATION  SCHOOL  whether the prospective employee to which such report
relates is cleared for employment based upon his or her criminal  histo-
ry.  All determinations to grant or deny clearance for employment pursu-
ant to this paragraph shall be performed in accordance with  subdivision
sixteen of section two hundred ninety-six of the executive law and arti-
cle twenty-three-A of the correction law. When the commissioner denies a
prospective employee clearance for employment, such prospective employee
shall  be  afforded  notice and the right to be heard and offer proof in
opposition to such determination in accordance with the  regulations  of
the  commissioner, PROVIDED THAT IN THE CASE OF PROSPECTIVE EMPLOYEES OF
STATE SCHOOLS PURSUANT TO ARTICLE EIGHTY-SEVEN OR EIGHTY-EIGHT  OF  THIS

A. 7443                            14

CHAPTER  THE  DUE  PROCESS  PROCEDURES  ESTABLISHED  BY THE COMMISSIONER
PURSUANT TO SECTION FIFTY OF THE CIVIL SERVICE LAW SHALL APPLY.
  (b)  Conditional  clearance.  When the commissioner receives a request
for a determination  on  the  conditional  clearance  of  a  prospective
employee,  the  commissioner, after receipt of a criminal history record
from the division of criminal justice services,  shall  promptly  notify
the  prospective  employee  and the appropriate school district, charter
school, board of cooperative educational  services,  [or]  nonpublic  or
private  elementary or secondary school OR SPECIAL EDUCATION SCHOOL that
the prospective employee to which such report relates  is  conditionally
cleared  for  employment  based upon his or her criminal history or that
more time is needed to  make  the  determination.  If  the  commissioner
determines  that  more  time is needed, the notification shall include a
good faith estimate of  the  amount  of  additional  time  needed.  Such
notification  shall  be  made  within  fifteen  business  days after the
commissioner  receives  the  prospective  employee's  fingerprints.  All
determinations  to  grant  or  deny conditional clearance for employment
pursuant to this paragraph shall be performed in accordance with  subdi-
vision  sixteen  of  section two hundred ninety-six of the executive law
and article twenty-three-A of the correction law.
  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  22.  Paragraph (i) of subdivision (a) of section 4212 of the educa-
tion law, as amended by section 1-a of part E of chapter 501 of the laws
of 2012, 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  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-

A. 7443                            15

TIVE EMPLOYEE, BE FINGERPRINTED FOR PURPOSES OF A CRIMINAL HISTORY BACK-
GROUND CHECK PURSUANT TO SUBDIVISION (D) OF THIS SECTION;
  S  23.  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  SECTION  THREE
THOUSAND THIRTY-FIVE OR 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 PROC-
ESS,  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  COMMIS-
SIONER  FOR  PURPOSES  OF  CLEARANCE FOR EMPLOYMENT. NOTWITHSTANDING ANY
OTHER PROVISION OF LAW  TO  THE  CONTRARY,  THE  COMMISSIONER  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  24.  Paragraph (i) of subdivision (a) of section 4314 of the educa-
tion law, as amended by section 2 of part E of chapter 501 of  the  laws
of 2012, 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 FINGERPRINT-
ED FOR PURPOSES OF A  CRIMINAL  HISTORY  BACKGROUND  CHECK  PURSUANT  TO
SUBDIVISION (D) OF THIS SECTION;
  S  25.  Section  4314  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
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, 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

A. 7443                            16

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 26. Paragraph (i) of subdivision (a) of section 4358 of  the  educa-
tion  law,  as amended by section 3 of part E of chapter 501 of the laws
of 2012, 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  27.  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
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, 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 28. Paragraph (a) of subdivision 11 of section 4403 of the education
law,  as  amended  by  section 4 of part E of chapter 501 of the laws of
2012, 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

A. 7443                            17

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 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 TWENTY-ONE OF THIS SECTION;
  S  29.  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 30. Section 4410 of the education law is amended  by  adding  a  new
subdivision 9-e to read as follows:
  9-E.  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  EMPLOYEES  HOLD  VALID  CLEARANCE  PURSUANT  TO
SECTION  THREE  THOUSAND  THIRTY-FIVE  OR  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
CLEARANCE FOR EMPLOYMENT PRIOR TO HIS OR HER  INCLUSION  ON  A  LIST  OF
RELATED SERVICE PROVIDERS MAINTAINED BY THE MUNICIPALITY OR BOARD PURSU-
ANT  TO PARAGRAPH C OF SUBDIVISION NINE OF THIS SECTION. PRIOR TO INITI-
ATING  THE  FINGERPRINTING  PROCESS,  THE  PROVIDER  SHALL  FURNISH  ITS

A. 7443                            18

PROSPECTIVE  EMPLOYEE WITH THE FORM DESCRIBED IN PARAGRAPH (C) OF SUBDI-
VISION 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  COMMISSIONER  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 31. Section 12 of chapter 147 of the  laws  of  2001,  amending  the
education  law  relating  to conditional appointment of school district,
charter school or BOCES employees, as amended by section 32 of part A of
chapter 57 of the laws of 2013, is amended to read as follows:
  S 12. This act shall take effect on the same date as  chapter  180  of
the  laws of 2000 takes effect[, and shall expire July 1, 2014 when upon
such date the provisions of this act shall be deemed repealed].
  S 32. The commissioner of education, in consultation with the  depart-
ment  of  criminal  justice, shall conduct a study or studies (1) of the
feasibility and desirability of aligning the fingerprinting process used
for criminal history records checks for employment in  school  districts
and  boards of cooperative educational services and for certification as
a teacher or administrator, to  the  statewide  vendor  managed  network
administered  by  the  division  of  criminal  justice services, and (2)
establishing a new fingerprinting process  using  the  statewide  vendor
managed  network  administered  by  the  division  of  criminal  justice
services for criminal history records checks for licensed  professionals
under  title  VIII  of the education law.  The commissioner of education
shall submit a report to the board of  regents,  the  governor  and  the
legislature  by  no  later  than January 15, 2014, with recommendations,

A. 7443                            19

including appropriate actions that would need to be taken to  align  the
existing  current  fingerprinting process and to establish a new finger-
printing process for licensed professionals  under  title  VIII  of  the
education  law  with the statewide system and any estimated costs and/or
savings associated with movement to the statewide system.
  S 33. 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.
  S  34.  This  act  shall  take effect on the one hundred eightieth day
after it shall have become a law; provided that:
  a. section thirty-one of this act shall take effect immediately;
  b. the provisions of sections one, two, three, four,  eighteen,  nine-
teen,  twenty, twenty-two, twenty-three, twenty-four, twenty-five, twen-
ty-six, twenty-seven  and  twenty-eight  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;
  c.  if  section 1 of part E of chapter 501 of the laws of 2012 has not
taken effect by the effective date of this act, the amendments to subdi-
vision 5 of section 1125 of the education law, made by section  five  of
this  act,  shall take effect on the same date and in the same manner as
section 1 of part E of chapter 501 of the laws of 2012 takes effect;
  d. the amendments made to subdivision 20  of  section  2590-h  of  the
education  law  by  section  sixteen of this act shall be subject to the
expiration and reversion of such subdivision pursuant to subdivision  12
of  section 17 of chapter 345 of the laws of 2009, as amended, when upon
such date the provisions of section sixteen-a of  this  act  shall  take
effect;
  e.  if  section 1-a of part E of chapter 501 of the laws of 2012 shall
not have taken effect by the effective date of this act, the  amendments
to  paragraph  (i)  of  subdivision (a) of section 4212 of the education
law, made by section twenty-two of this act, shall take  effect  on  the
same date and in the same manner as section 1-a of part E of chapter 501
of the laws of 2012 takes effect;
  f.  if  section 2 of part E of chapter 501 of the laws of 2012 has not
taken effect by the effective date of this act, the amendments to  para-
graph  (i) of subdivision (a) of section 4314 of the education law, made
by section twenty-four of this act, shall take effect on the  same  date
and in the same manner as section 2 of part E of chapter 501 of the laws
of 2012 takes effect;
  g.  if  section 3 of part E of chapter 501 of the laws of 2012 has not
taken effect by the effective date of this act, the amendments to  para-
graph  (i) of subdivision (a) of section 4358 of the education law, made
by section twenty-six of this act, shall take effect on  the  same  date
and in the same manner as section 3 of part E of chapter 501 of the laws
of 2012 takes effect; and
  h.  if  section 4 of part E of chapter 501 of the laws of 2012 has not
taken effect by the effective date of this act, the amendments to  para-
graph  (a)  of subdivision 11 of section 4403 of the education law, made
by section twenty-eight of this act, shall take effect on the same  date
and in the same manner as section 4 of part E of chapter 501 of the laws
of 2012 takes effect.