S T A T E O F N E W Y O R K
________________________________________________________________________
4492--A
2013-2014 Regular Sessions
I N S E N A T E
April 3, 2013
___________
Introduced by Sens. FLANAGAN, FUSCHILLO, BOYLE, DeFRANCISCO, FELDER,
LARKIN, LAVALLE, MARTINS, MAZIARZ, YOUNG, ZELDIN -- read twice and
ordered printed, and when printed to be committed to the Committee on
Education -- committee discharged, bill amended, ordered reprinted as
amended and recommitted to said committee
AN ACT to amend the education law, in relation to the fingerprinting of
applicants as school district employees
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Paragraph (a) 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:
(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 authorizing the fingerprinting
of prospective employees of nonpublic and private elementary and second-
ary 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 nonpub-
lic and private elementary and secondary 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. PROSPECTIVE EMPLOYEES SHALL BE FINGERPRINTED USING ELECTRON-
IC SCANNING TECHNOLOGY BY AUTHORIZED PERSONNEL AT DESIGNATED FINGER-
PRINTING ENTITIES APPROVED BY THE DEPARTMENT. PRIOR TO INITIATING THE
FINGERPRINTING PROCESS AND IN THE PRESENCE OF AUTHORIZED PERSONNEL, A
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10119-06-3
S. 4492--A 2
PROSPECTIVE EMPLOYEE SHALL SIGN A SWORN STATEMENT PREPARED BY THE
DEPARTMENT VERIFYING THE PROSPECTIVE EMPLOYEE'S IDENTITY AND ATTESTING
TO THE TRUTHFULNESS OF THE INFORMATION CONTAINED THEREIN. SUCH LANGUAGE
SHALL INCLUDE, BUT NOT BE LIMITED TO THE FOLLOWING: "I HEREBY CERTIFY
AND ATTEST THAT I AM THE PERSON I CLAIM TO BE, THAT THE INFORMATION AND
STATEMENTS MADE ON THIS FORM, INCLUDING MY APPLICATION FOR EMPLOYMENT
AND, ANY AND ALL FORMS AND PAPERS PREPARED BY ME IN CONJUNCTION WITH THE
EMPLOYMENT I AM SEEKING, ARE TRUE AND COMPLETE." THE PROSPECTIVE EMPLOY-
EE SHALL PRESENT TWO FORMS OF IDENTIFICATION, ONE OF WHICH SHALL BE AN
OFFICIAL GOVERNMENT ISSUED PHOTO IDENTIFICATION CAPABLE OF BEING VERI-
FIED. A PHOTOGRAPH OF THE PROSPECTIVE EMPLOYEE SHALL BE TAKEN BY AUTHOR-
IZED PERSONNEL AND AFFIXED TO THE PROSPECTIVE EMPLOYEE'S SIGNED, SWORN
STATEMENT. UPON COMPLETION OF THE FINGERPRINTING PROCESS, THE AUTHOR-
IZED PERSONNEL SHALL SIGN AN AFFIDAVIT PREPARED BY THE DEPARTMENT
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. THESE
RECORDS SHALL BE RETAINED BY THE DEPARTMENT AS BUSINESS RECORDS AS
DEFINED IN SUBDIVISION TWO OF SECTION 175.00 OF THE PENAL LAW FOR THE
DURATION OF THE INDIVIDUAL'S EMPLOYMENT. 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 pursu-
ant 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 fing-
erprinting 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.
S 2. Subparagraph (i) of paragraph (b) 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:
(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] FINGERPRINTS will be TAKEN AND used upon submission to the divi-
sion of criminal justice services;
S 3. 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 SHALL BE FINGERPRINTED USING ELECTRONIC SCANNING TECHNOLOGY BY
AUTHORIZED PERSONNEL AT DESIGNATED FINGERPRINTING ENTITIES APPROVED BY
S. 4492--A 3
THE DEPARTMENT. 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 ATTESTING TO THE TRUTHFULNESS OF THE INFORMATION
CONTAINED THEREIN. SUCH LANGUAGE SHALL INCLUDE, BUT NOT BE LIMITED TO
THE FOLLOWING: "I HEREBY CERTIFY AND ATTEST THAT I AM THE PERSON I CLAIM
TO BE, THAT THE INFORMATION AND STATEMENTS MADE ON THIS FORM, INCLUDING
MY APPLICATION FOR EMPLOYMENT AND, ANY AND ALL FORMS AND PAPERS PREPARED
BY ME IN CONJUNCTION WITH THE EMPLOYMENT I AM SEEKING, ARE TRUE AND
COMPLETE." THE PROSPECTIVE EMPLOYEE SHALL PRESENT TWO FORMS OF IDENTIFI-
CATION, ONE OF WHICH SHALL BE AN OFFICIAL GOVERNMENT ISSUED PHOTO IDEN-
TIFICATION 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
PREPARED BY THE DEPARTMENT 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 REGU-
LATIONS OF THE DEPARTMENT. THESE RECORDS SHALL BE RETAINED BY THE
DEPARTMENT AS BUSINESS RECORDS AS DEFINED IN SUBDIVISION TWO OF SECTION
175.00 OF THE PENAL LAW FOR THE DURATION OF THE INDIVIDUAL'S EMPLOYMENT.
Every set of fingerprints taken pursuant to this subdivision shall be
promptly submitted to the commissioner for purposes of clearance for
employment.
S 4. 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 SHALL BE FINGERPRINTED USING ELECTRONIC SCANNING TECHNOLOGY BY
AUTHORIZED PERSONNEL AT DESIGNATED FINGERPRINTING ENTITIES APPROVED BY
THE DEPARTMENT. PRIOR TO INITIATING THE FINGERPRINTING PROCESS AND IN
THE PRESENCE OF AUTHORIZED PERSONNEL, AN APPLICANT SHALL SIGN A SWORN
STATEMENT PREPARED BY THE DEPARTMENT VERIFYING THE APPLICANT'S IDENTITY
AND ATTESTING TO THE TRUTHFULNESS OF THE INFORMATION CONTAINED THEREIN.
SUCH LANGUAGE SHALL INCLUDE, BUT NOT BE LIMITED TO THE FOLLOWING: "I
HEREBY CERTIFY AND ATTEST THAT I AM THE PERSON I CLAIM TO BE, THAT THE
INFORMATION AND STATEMENTS MADE ON THIS FORM, INCLUDING MY APPLICATION
FOR EMPLOYMENT AND, ANY AND ALL FORMS AND PAPERS PREPARED BY ME IN
CONJUNCTION WITH THE EMPLOYMENT I AM SEEKING, ARE TRUE AND COMPLETE."
THE PROSPECTIVE EMPLOYEE SHALL PRESENT TWO FORMS OF IDENTIFICATION, ONE
OF WHICH SHALL BE AN OFFICIAL GOVERNMENT ISSUED PHOTO IDENTIFICATION
CAPABLE OF BEING VERIFIED. A PHOTOGRAPH OF THE APPLICANT SHALL BE TAKEN
BY AUTHORIZED PERSONNEL AND AFFIXED TO THE APPLICANT'S SIGNED, SWORN
STATEMENT. UPON COMPLETION OF THE FINGERPRINTING PROCESS, THE AUTHORIZED
PERSONNEL SHALL SIGN AN AFFIDAVIT PREPARED BY THE DEPARTMENT ATTESTING
THAT HE OR SHE VERIFIED THE PHOTO IDENTIFICATION PRESENTED, WITNESSED
THE SIGNATURE AND PROCESSED THE FINGERPRINTS IN ACCORDANCE WITH THIS
S. 4492--A 4
CHAPTER AND THE RULES AND REGULATIONS OF THE DEPARTMENT. THESE RECORDS
SHALL BE RETAINED BY THE DEPARTMENT AS BUSINESS RECORDS AS DEFINED IN
SUBDIVISION TWO OF SECTION 175.00 OF THE PENAL LAW FOR THE DURATION OF
THE INDIVIDUAL'S EMPLOYMENT. Every set of fingerprints taken pursuant to
this subdivision shall be promptly submitted to the commissioner for
purposes of clearance for employment.
S 5. 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 SHALL BE FINGERPRINTED USING ELECTRONIC SCANNING
TECHNOLOGY BY AUTHORIZED PERSONNEL AT DESIGNATED FINGERPRINTING ENTITIES
APPROVED BY THE DEPARTMENT. PRIOR TO INITIATING THE FINGERPRINTING
PROCESS AND IN THE PRESENCE OF AUTHORIZED PERSONNEL, AN APPLICANT SHALL
SIGN A SWORN STATEMENT PREPARED BY THE DEPARTMENT VERIFYING THE APPLI-
CANT'S IDENTITY AND ATTESTING TO THE TRUTHFULNESS OF THE INFORMATION
CONTAINED THEREIN. SUCH LANGUAGE SHALL INCLUDE, BUT NOT BE LIMITED TO
THE FOLLOWING: "I HEREBY CERTIFY AND ATTEST THAT I AM THE PERSON I CLAIM
TO BE, THAT THE INFORMATION AND STATEMENTS MADE ON THIS FORM, INCLUDING
MY APPLICATION FOR EMPLOYMENT AND, ANY AND ALL FORMS AND PAPERS PREPARED
BY ME IN CONJUNCTION WITH THE EMPLOYMENT I AM SEEKING, ARE TRUE AND
COMPLETE." THE PROSPECTIVE EMPLOYEE SHALL PRESENT TWO FORMS OF IDENTIFI-
CATION, ONE OF WHICH SHALL BE AN OFFICIAL GOVERNMENT ISSUED PHOTO IDEN-
TIFICATION CAPABLE OF BEING VERIFIED. A PHOTOGRAPH OF THE APPLICANT
SHALL BE TAKEN BY AUTHORIZED PERSONNEL AND AFFIXED TO THE APPLICANT'S
SIGNED, SWORN STATEMENT. UPON COMPLETION OF THE FINGERPRINTING PROCESS,
THE AUTHORIZED PERSONNEL SHALL SIGN AN AFFIDAVIT PREPARED BY THE DEPART-
MENT 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. THESE RECORDS SHALL BE RETAINED BY THE DEPARTMENT AS BUSI-
NESS RECORDS AS DEFINED IN SUBDIVISION TWO OF SECTION 175.00 OF THE
PENAL LAW FOR THE DURATION OF THE INDIVIDUAL'S EMPLOYMENT. Every set of
fingerprints taken pursuant to this subdivision shall be promptly
submitted to the commissioner for purposes of clearance for employment.
S 6. 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-
S. 4492--A 5
cant's consent to the criminal history records search. PROSPECTIVE
EMPLOYEES SHALL BE FINGERPRINTED USING ELECTRONIC SCANNING TECHNOLOGY BY
AUTHORIZED PERSONNEL AT DESIGNATED FINGERPRINTING ENTITIES APPROVED BY
THE DEPARTMENT. PRIOR TO INITIATING THE FINGERPRINTING PROCESS AND IN
THE PRESENCE OF AUTHORIZED PERSONNEL, AN APPLICANT SHALL SIGN A SWORN
STATEMENT PREPARED BY THE DEPARTMENT VERIFYING THE APPLICANT'S IDENTITY
AND ATTESTING TO THE TRUTHFULNESS OF THE INFORMATION CONTAINED THEREIN.
SUCH LANGUAGE SHALL INCLUDE, BUT NOT BE LIMITED TO THE FOLLOWING: "I
HEREBY CERTIFY AND ATTEST THAT I AM THE PERSON I CLAIM TO BE, THAT THE
INFORMATION AND STATEMENTS MADE ON THIS FORM, INCLUDING MY APPLICATION
FOR EMPLOYMENT AND, ANY AND ALL FORMS AND PAPERS PREPARED BY ME IN
CONJUNCTION WITH THE EMPLOYMENT I AM SEEKING, ARE TRUE AND COMPLETE."
THE PROSPECTIVE EMPLOYEE SHALL PRESENT TWO FORMS OF IDENTIFICATION, ONE
OF WHICH SHALL BE AN OFFICIAL GOVERNMENT ISSUED PHOTO IDENTIFICATION
CAPABLE OF BEING VERIFIED. A PHOTOGRAPH OF THE APPLICANT SHALL BE TAKEN
BY AUTHORIZED PERSONNEL AND AFFIXED TO THE APPLICANT'S SIGNED, SWORN
STATEMENT. UPON COMPLETION OF THE FINGERPRINTING PROCESS, THE AUTHORIZED
PERSONNEL SHALL SIGN AN AFFIDAVIT PREPARED BY THE DEPARTMENT 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. THESE RECORDS
SHALL BE RETAINED BY THE DEPARTMENT AS BUSINESS RECORDS AS DEFINED IN
SUBDIVISION TWO OF SECTION 175.00 OF THE PENAL LAW FOR THE DURATION OF
THE INDIVIDUAL'S EMPLOYMENT. Every set of fingerprints taken pursuant to
this paragraph shall be promptly submitted to the commissioner for
purposes of clearance for employment.
S 7. 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. PROSPECTIVE
EMPLOYEES SHALL BE FINGERPRINTED USING ELECTRONIC SCANNING TECHNOLOGY BY
AUTHORIZED PERSONNEL AT DESIGNATED FINGERPRINTING ENTITIES APPROVED BY
THE DEPARTMENT. PRIOR TO INITIATING THE FINGERPRINTING PROCESS AND IN
THE PRESENCE OF AUTHORIZED PERSONNEL, AN APPLICANT SHALL SIGN A SWORN
STATEMENT PREPARED BY THE DEPARTMENT VERIFYING THE APPLICANT'S IDENTITY
AND ATTESTING TO THE TRUTHFULNESS OF THE INFORMATION CONTAINED THEREIN.
SUCH LANGUAGE SHALL INCLUDE, BUT NOT BE LIMITED TO THE FOLLOWING: "I
HEREBY CERTIFY AND ATTEST THAT I AM THE PERSON I CLAIM TO BE, THAT THE
INFORMATION AND STATEMENTS MADE ON THIS FORM, INCLUDING MY APPLICATION
FOR EMPLOYMENT AND, ANY AND ALL FORMS AND PAPERS PREPARED BY ME IN
CONJUNCTION WITH THE EMPLOYMENT I AM SEEKING, ARE TRUE AND COMPLETE."
THE PROSPECTIVE EMPLOYEE SHALL PRESENT TWO FORMS OF IDENTIFICATION, ONE
OF WHICH SHALL BE AN OFFICIAL GOVERNMENT ISSUED PHOTO IDENTIFICATION
CAPABLE OF BEING VERIFIED. A PHOTOGRAPH OF THE APPLICANT SHALL BE TAKEN
BY AUTHORIZED PERSONNEL AND AFFIXED TO THE APPLICANT'S SIGNED, SWORN
STATEMENT. UPON COMPLETION OF THE FINGERPRINTING PROCESS, THE AUTHORIZED
PERSONNEL SHALL SIGN AN AFFIDAVIT PREPARED BY THE DEPARTMENT ATTESTING
S. 4492--A 6
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. THESE RECORDS
SHALL BE RETAINED BY THE DEPARTMENT AS BUSINESS RECORDS AS DEFINED IN
SUBDIVISION TWO OF SECTION 175.00 OF THE PENAL LAW FOR THE DURATION OF
THE INDIVIDUAL'S EMPLOYMENT. Every set of fingerprints taken pursuant to
this subdivision shall be promptly submitted to the commissioner for
purposes of clearance for employment.
S 8. Paragraph a of subdivision 25 of section 2554 of the education
law, as amended by 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. PROSPECTIVE
EMPLOYEES SHALL BE FINGERPRINTED USING ELECTRONIC SCANNING TECHNOLOGY BY
AUTHORIZED PERSONNEL AT DESIGNATED FINGERPRINTING ENTITIES APPROVED BY
THE DEPARTMENT. PRIOR TO INITIATING THE FINGERPRINTING PROCESS AND IN
THE PRESENCE OF AUTHORIZED PERSONNEL, AN APPLICANT SHALL SIGN A SWORN
STATEMENT PREPARED BY THE DEPARTMENT VERIFYING THE APPLICANT'S IDENTITY
AND ATTESTING TO THE TRUTHFULNESS OF THE INFORMATION CONTAINED THEREIN.
SUCH LANGUAGE SHALL INCLUDE, BUT NOT BE LIMITED TO THE FOLLOWING: "I
HEREBY CERTIFY AND ATTEST THAT I AM THE PERSON I CLAIM TO BE, THAT THE
INFORMATION AND STATEMENTS MADE ON THIS FORM, INCLUDING MY APPLICATION
FOR EMPLOYMENT AND, ANY AND ALL FORMS AND PAPERS PREPARED BY ME IN
CONJUNCTION WITH THE EMPLOYMENT I AM SEEKING, ARE TRUE AND COMPLETE."
THE PROSPECTIVE EMPLOYEE SHALL PRESENT TWO FORMS OF IDENTIFICATION, ONE
OF WHICH SHALL BE AN OFFICIAL GOVERNMENT ISSUED PHOTO IDENTIFICATION
CAPABLE OF BEING VERIFIED. A PHOTOGRAPH OF THE APPLICANT SHALL BE TAKEN
BY AUTHORIZED PERSONNEL AND AFFIXED TO THE APPLICANT'S SIGNED, SWORN
STATEMENT. UPON COMPLETION OF THE FINGERPRINTING PROCESS, THE AUTHORIZED
PERSONNEL SHALL SIGN AN AFFIDAVIT PREPARED BY THE DEPARTMENT 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. THESE RECORDS
SHALL BE RETAINED BY THE DEPARTMENT AS BUSINESS RECORDS AS DEFINED IN
SUBDIVISION TWO OF SECTION 175.00 OF THE PENAL LAW FOR THE DURATION OF
THE INDIVIDUAL'S EMPLOYMENT. Every set of fingerprints taken pursuant to
this subdivision shall be promptly submitted to the commissioner for
purposes of clearance for employment.
S 9. 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
S. 4492--A 7
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 SHALL BE FINGERPRINTED
USING ELECTRONIC SCANNING TECHNOLOGY BY AUTHORIZED PERSONNEL AT DESIG-
NATED FINGERPRINTING ENTITIES APPROVED BY THE DEPARTMENT. PRIOR TO
INITIATING THE FINGERPRINTING PROCESS AND IN THE PRESENCE OF AUTHORIZED
PERSONNEL, AN APPLICANT SHALL SIGN A SWORN STATEMENT PREPARED BY THE
DEPARTMENT VERIFYING THE APPLICANT'S IDENTITY AND ATTESTING TO THE
TRUTHFULNESS OF THE INFORMATION CONTAINED THEREIN. SUCH LANGUAGE SHALL
INCLUDE, BUT NOT BE LIMITED TO THE FOLLOWING: "I HEREBY CERTIFY AND
ATTEST THAT I AM THE PERSON I CLAIM TO BE, THAT THE INFORMATION AND
STATEMENTS MADE ON THIS FORM, INCLUDING MY APPLICATION FOR EMPLOYMENT
AND, ANY AND ALL FORMS AND PAPERS PREPARED BY ME IN CONJUNCTION WITH THE
EMPLOYMENT I AM SEEKING, ARE TRUE AND COMPLETE." THE PROSPECTIVE EMPLOY-
EE SHALL PRESENT TWO FORMS OF IDENTIFICATION, ONE OF WHICH SHALL BE AN
OFFICIAL GOVERNMENT ISSUED PHOTO IDENTIFICATION CAPABLE OF BEING VERI-
FIED. A PHOTOGRAPH OF THE APPLICANT SHALL BE TAKEN BY AUTHORIZED PERSON-
NEL AND AFFIXED TO THE APPLICANT'S SIGNED, SWORN STATEMENT. UPON
COMPLETION OF THE FINGERPRINTING PROCESS, THE AUTHORIZED PERSONNEL SHALL
SIGN AN AFFIDAVIT PREPARED BY THE DEPARTMENT 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. THESE RECORDS SHALL BE RETAINED BY
THE DEPARTMENT AS BUSINESS RECORDS AS DEFINED IN SUBDIVISION TWO OF
SECTION 175.00 OF THE PENAL LAW FOR THE DURATION OF THE INDIVIDUAL'S
EMPLOYMENT. Every set of fingerprints taken pursuant to this paragraph
shall be promptly submitted to the commissioner for purposes of clear-
ance for employment.
S 10. 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. APPLICANTS SHALL BE FINGERPRINTED USING ELECTRONIC SCANNING
TECHNOLOGY BY AUTHORIZED PERSONNEL AT DESIGNATED FINGERPRINTING ENTITIES
APPROVED BY THE DEPARTMENT. PRIOR TO INITIATING THE FINGERPRINTING PROC-
ESS AND IN THE PRESENCE OF AUTHORIZED PERSONNEL, AN APPLICANT SHALL SIGN
A SWORN STATEMENT PREPARED BY THE DEPARTMENT VERIFYING THE APPLICANT'S
IDENTITY AND ATTESTING TO THE TRUTHFULNESS OF THE INFORMATION CONTAINED
S. 4492--A 8
THEREIN. SUCH LANGUAGE SHALL INCLUDE, BUT NOT BE LIMITED TO THE FOLLOW-
ING: "I HEREBY CERTIFY AND ATTEST THAT I AM THE PERSON I CLAIM TO BE,
THAT THE INFORMATION AND STATEMENTS MADE ON THIS FORM, INCLUDING MY
APPLICATION FOR EMPLOYMENT AND, ANY AND ALL FORMS AND PAPERS PREPARED BY
ME IN CONJUNCTION WITH THE EMPLOYMENT I AM SEEKING, ARE TRUE AND
COMPLETE." THE PROSPECTIVE EMPLOYEE SHALL PRESENT TWO FORMS OF IDENTIFI-
CATION, ONE OF WHICH SHALL BE AN OFFICIAL GOVERNMENT ISSUED PHOTO IDEN-
TIFICATION CAPABLE OF BEING VERIFIED. A PHOTOGRAPH OF THE APPLICANT
SHALL BE TAKEN BY AUTHORIZED PERSONNEL AND AFFIXED TO THE APPLICANT'S
SIGNED, SWORN STATEMENT. UPON COMPLETION OF THE FINGERPRINTING PROCESS,
THE AUTHORIZED PERSONNEL SHALL SIGN AN AFFIDAVIT PREPARED BY THE DEPART-
MENT 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. THESE RECORDS SHALL BE RETAINED BY THE DEPARTMENT AS BUSI-
NESS RECORDS AS DEFINED IN SUBDIVISION TWO OF SECTION 175.00 OF THE
PENAL LAW FOR THE DURATION OF THE INDIVIDUAL'S EMPLOYMENT. The commis-
sioner shall obtain from each applicant 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 execu-
tive law and any fee imposed by the federal bureau of investigation. The
commissioner shall promptly transmit such fingerprints and fees to the
division of criminal justice services for its full search and retain
processing. The division of criminal justice services is authorized to
submit the fingerprints 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 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 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 notifications 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 regulations, 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 dissem-
ination of criminal history records pursuant to this subdivision shall
S. 4492--A 9
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 crimi-
nal 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 11. 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 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 APPLI-
CANTS FOR A CHARTER AS A CHARTER SCHOOL PURSUANT TO SUBDIVISION FOUR OF
SECTION TWENTY-EIGHT HUNDRED FIFTY-TWO OF THIS TITLE. SUCH PROCESSING
SERVICES SHALL BE PROVIDED AT COST AND THE BOARD OF COOPERATIVE EDUCA-
TIONAL 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 IS HEREBY AUTHORIZED TO DO AND PERFORM
ANY AND ALL ACTS NECESSARY OR CONVENIENT IN RELATION TO THE PROVISION OF
SUCH SERVICES.
S 12. This act shall take effect immediately; provided, however, that
the amendments made to subdivision 39 of section 1604 of the education
law by section three of this act, subdivision 39 of section 1709 of the
education law by section four of this act, subdivision 9 of section 1804
of the education law by section five of this act, paragraph ll of subdi-
vision 4 of section 1950 of the education law by section six of this
act, subdivision 18 of section 2503 of the education law by section
seven of this act, subdivision 25 of section 2554 of the education law
by section eight of this act, paragraph (a-2) of subdivision 3 of
section 2854 of the education law by section nine of this act, and
subdivision 1 of section 3004-b of the education law by section ten of
this act, shall not affect the expirations of such paragraphs or subdi-
visions and shall expire and be deemed repealed therewith.