senate Bill S2302

2013-2014 Legislative Session

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

download bill text pdf

Sponsored By

Archive: Last Bill Status -


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (2)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2014 referred to education
Jan 15, 2013 referred to education

S2302 - Details

See Assembly Version of this Bill:
A4953
Law Section:
Education Law
Laws Affected:
Add §3001-e, amd §2590-h, Ed L
Versions Introduced in Previous Legislative Sessions:
2011-2012: S3545
2009-2010: S516

S2302 - Summary

Requires pre-employment investigation of school district personnel to determine criminal history or the presence of controlled substances or communicable diseases; requires submission to fingerprinting and other tests.

S2302 - Sponsor Memo

S2302 - Bill Text download pdf

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

                                  2302

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 15, 2013
                               ___________

Introduced  by  Sen.  LANZA  -- read twice and ordered printed, and when
  printed to be committed to the Committee on Education

AN ACT to amend the education law, in relation to pre-employment  inves-
  tigations for personnel employed in school districts

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The education law is amended by adding a new section 3001-e
to read as follows:
  S 3001-E. PRE-EMPLOYMENT INVESTIGATION OF PERSONNEL EMPLOYED IN SCHOOL
DISTRICTS. 1. EVERY SCHOOL DISTRICT SHALL CONDUCT A PRE-EMPLOYMENT BACK-
GROUND INVESTIGATION FOR ALL PERSONNEL EMPLOYED IN THE DISTRICT.
  2. EACH DISTRICT, IN COOPERATION WITH THE DIVISION OF CRIMINAL JUSTICE
SERVICES, SHALL PROMULGATE REGULATIONS REQUIRING ALL PERSONNEL  EMPLOYED
IN SUCH SCHOOL DISTRICT TO SUBMIT TO MANDATORY BACKGROUND QUESTIONNAIRES
AND  TO  SUCH  OTHER  TESTS FOR THE PRESENCE OF CONTROLLED SUBSTANCES OR
COMMUNICABLE DISEASES AS SHALL BE DETERMINED TO BE NECESSARY AND PROPER.
  3. EVERY PERSON, AS A CONDITION OF EMPLOYMENT IN  A  SCHOOL  DISTRICT,
SHALL  COMPLETE  A  BACKGROUND QUESTIONNAIRE, SUBMIT TO SUCH OTHER TESTS
FOR THE PRESENCE OF CONTROLLED SUBSTANCES OR  COMMUNICABLE  DISEASES  AS
SHALL  BE  DETERMINED  TO BE NECESSARY AND PROPER AND SIGN A DECLARATION
UNDER PENALTY OF PERJURY REGARDING ANY PRIOR CRIMINAL CONVICTIONS.
  4. NO SCHOOL DISTRICT EMPLOYEE SHALL BE ASSIGNED TO WORK INVOLVING THE
CARE, CUSTODY OR SUPERVISION OF A CHILD IF IT IS  DETERMINED  THAT  SUCH
PERSON HAS TESTED POSITIVE FOR THE PRESENCE OF A CONTROLLED SUBSTANCE OR
COMMUNICABLE DISEASE.
  5. FOR PURPOSES OF THIS SECTION, "COMMUNICABLE DISEASE" SHALL MEAN ANY
DISEASE  THAT  THE COMMISSIONER OF HEALTH, IN THE REASONABLE EXERCISE OF
HIS OR HER MEDICAL JUDGEMENT, DETERMINES  TO  BE  COMMUNICABLE,  RAPIDLY
EMERGENT  OR  A  SIGNIFICANT THREAT TO PUBLIC HEALTH. THE LIST OF DESIG-
NATED COMMUNICABLE DISEASES IS IN SECTION 2.1 OF TITLE TEN  OF  THE  NEW
YORK CODES, RULES AND REGULATIONS.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05461-01-3

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