senate Bill S5556A

2013-2014 Legislative Session

Relates to requiring the fingerprinting of prospective employees of approved private special education schools; makes permanent certain provisions

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Archive: Last Bill Status - In Committee


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

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 20, 2014 recommitted to rules
Jun 11, 2014 ordered to third reading cal.1332
committee discharged and committed to rules
Jan 08, 2014 referred to education
returned to senate
died in assembly
Jun 18, 2013 referred to education
delivered to assembly
passed senate
ordered to third reading cal.1457
committee discharged and committed to rules
Jun 10, 2013 print number 5556a
amend and recommit to education
May 20, 2013 referred to education

Votes

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Jun 11, 2014 - Rules committee Vote

S5556A
23
0
committee
23
Aye
0
Nay
0
Aye with Reservations
0
Absent
2
Excused
0
Abstained
show Rules committee vote details

Jun 18, 2013 - Rules committee Vote

S5556A
24
0
committee
24
Aye
0
Nay
1
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Rules committee vote details

Bill Amendments

Original
A (Active)
Original
A (Active)

S5556 - Bill Details

Current Committee:
Law Section:
Education Law
Laws Affected:
Amd Ed L, generally; amd §12, Chap 147 of 2001

S5556 - Bill Texts

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Relates to requiring the fingerprinting of prospective employees of approved private special education schools; phases in a requirement that all fingerprints submitted by prospective employees and applicants for certification be electronically submitted; authorizes boards of cooperative educational services to conduct fingerprinting for non-component districts, special education schools, and applicants for certification; strengthens identification verification practices at fingerprinting sites for the purpose of conducting criminal history record checks and enhances existing statutory mechanisms to expedite the removal of persons who commit fingerprint fraud; makes permanent certain provisions.

view sponsor memo
BILL NUMBER:S5556

TITLE OF BILL: An act to amend the education law, in relation to
requiring the fingerprinting of prospective employees of approved
private special education schools, phasing-in a requirement that all
fingerprints submitted by prospective employees and applicants for
certification be electronically submitted, authorizing boards of
cooperative educational services to conduct fingerprinting for
non-component districts, special education schools, and applicants for
certification, strengthening 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 conditional clearances for employment

Purpose of the bill:

This bill would protect the health and safety of students with
disabilities who attend various special education schools in settings
outside of a public school district or board of cooperative
educational services (BOCES) by requiring fingerprinting and criminal
history record checks of prospective employees of these schools on the
same basis as prospective employees of school districts, charter
schools and BOCES.

The bill also expands access to fingerprinting sites by authorizing
BOCES to conduct fingerprinting for non-component districts, special
education schools, charter schools and applicants for certification.
It also better ensures fingerprint security and integrity by phasing
in a requirement that all fingerprints be electronically submitted to
the Department. By requiring electronic fingerprinting, the Department
would better reduce the opportunity for tampering because electronic
fingerprints are transmitted automatically to the Department via a
secure server, whereas "ink and roll" fingerprints are mailed. It also
establishes minimum standards and procedures to be followed at
fingerprint sites to strengthen identification verification best
practices at such sites.

Further, the bill would amend the provisions of Article 23-B of the
Education Law relating to reporting, investigation or identification
of child abuse by persons in an educational setting to clarify that
these provisions apply to non-residential special education schools
and programs, but not to residential schools and programs already
subject to child abuse and neglect reporting under Title 6 of the
Social Services Law.

Finally, the bill enhances existing statutory and regulatory
mechanisms to expedite removal of persons who commit fingerprint fraud
by allowing an employee to be suspended without pay if he/she is
convicted of a felony crime involving the submission of false
information, or the commission of fraud, related to a criminal history
record check.

Summary of the provisions of the bill:


Section 1 of the bill would amend paragraphs a and b of subdivision 30
of section 305 of the Education Law to make the provisions that
require the Commissioner of Education to promulgate regulations for
fingerprinting prospective employees and develop forms relating to
fingerprinting and notices to employees applicable to prospective
employees of special education schools. These regulations would not
apply to special education schools located within the City of New
York, which fingerprints employees of special education schools that
contract with the New York City School District. This section and
sections 9 through 12, 14, 15, 17 and 18 would amend Education Law
1604(39)(a), 1790(39)(a), 1804(9)(a), 1950(4)(a), 2503(18)(a),
2554(25)(a). 2854(3)(a-2)(i) and 3004-b(1) to require prospective
employees to be fingerprinted by authorized personnel at designated
fingerprinting entities approved by the department, using electronic
scanning. It also requires the Commissioner to establish minimum
standards and procedures for identification verification to be
followed at fingerprinting sites, including a requirement that the
prospective employee show two forms of identification to authorized
personnel, one of which shall be an official government issued photo
identification. The prospective employee must then sign a sworn
statement verifying his/her identity and the authorized personnel must
sign an affidavit, on a form prescribed by the Commissioner, attesting
that he/she verified the photo identification presented and witnessed
the employee's signature.

Section 2 of the bill would amend subparagraph (vii) of paragraph c of
subdivision 30 of section 305 of the Education Law to make the
provision requiring that an employee's fingerprinting records be
destroyed 12 months after termination if the individual is not
employed by another public school also apply to employees of special
education schools and re-employment in such schools.

Section 3 of the bill would amend paragraph d of subdivision 30 of
section 305 to make the provision that requires the Commissioner to
develop forms to be completed by prospective employees when
conditional appointments or emergency conditional appointments are
made also apply to special education schools.

Section 4 of the bill would add a new paragraph (f) to subdivision 30
of section 305 of the Education Law to define a "special education
school" as a state school operated pursuant to Article 87 or 88 of the
Education Law (i.e., the State School for the Blind at Batavia and the
State School for the Deaf at Rome); a state-supported school operated
pursuant to Article 85 of the Education Law (i.e., a "4201 school");
an approved private non-residential or residential school for students
with disabilities located within the state (i.e., a "Chapter 853
school"); or an approved provider of preschool special education
services or programs (i.e., "4410 providers"). This term would not
include a school or facility operated or licensed by another state
agency unless the school or facility is also an approved private
school for students with disabilities or an approved preschool
provider.

Section 5 of the bill would amend subdivisions 3, 4, 5 and 6 of
section 1125 of the Education Law to include non-residential special
education schools or programs within the definitions of "employee",
"volunteer" and "administrator" for the purposes of Article 23-B of


the Education Law relating to reporting, investigation or
identification of child abuse by persons in an educational setting.
The bill would define "non-residential special education school or
program" as a non-residential state-supported school operated pursuant
to article 85 and an approved non-residential private school or
preschool for the education of students with disabilities. 2 The bill
also would amend the definition of "educational setting" to include
non-residential special education schools or programs, and exclude
residential schools subject to mandatory reporting to the Statewide
Central Register of Child Abuse and Maltreatment pursuant to Title 6
of the Social Services Law.

Section 6 of the bill would amend subdivision 2 of section 1126 of the
Education Law to require that reports of child abuse by an employee or
volunteer of a non-residential special education school be forwarded
to the administrator of the school. The administrator of a
nonresidential special education school or program would be
responsible for compliance with the provisions of Article 23-B.

Section 7 of the bill would amend section 1128-a of the Education Law
to clarify that where a school administrator or a superintendent of
schools forwards a report prepared pars ant to section 1126 of the
Education Law to law enforcement, the report must also be submitted to
the Commissioner of Education if the employee or volunteer alleged to
have committed an act of child abuse holds a certification or license
issued by the department.

Section 8 would amend section 1133 of the Education Law to provide
immunity to any administrator who reasonably and in good faith reports
to law enforcement officials information regarding allegations of
child abuse.

Section 13 of the bill would add a new paragraph oo to subdivision 4
of section 1950 of the Education Law to allow BOCES 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 and for applicants for teacher certification and for
applicants for a charter as a charter school. These services must be
provided at cost and the BOCES shall not be authorized to charge any
costs incurred in providing such services to its component school
districts.

Section 16 and 16-a of the bill would amend subdivision 20 of section
2590-h of the Education law to clarify that the Chancellor is
responsible for taking the fingerprints for licensure and/or
employment of personnel employed by a special education school that
contracts with the City School District of the City of New York.

Section 19 of the bill would amend paragraph b of subdivision 2 of
section 3020-a of the education law to allow an employee to be
suspended without pay if he/she is convicted of a felony crime
involving the submission of false information, or the commission of
fraud, related to a criminal history record check.

Section 20 of the bill would amend subdivision 1 of section 3035 of
the Education Law to make the provision that requires the Commissioner


to submit fingerprints to the Division of Criminal Justice Services
(DCJS) with required processing fees and requires DCJS to submit the
fingerprints to the Federal Bureau of Investigation (FBI) for a
criminal records check also applicable to a special education school,
except a special education school located within the City of New York.
It would also only require the Commissioner to submit one set of
fingerprints, instead of two sets of fingerprints, except where
otherwise necessary.

Section 21 of the bill would amend subdivisions 3 and 3-a of section
3035 of the Education Law to make the existing procedures for
conditional clearances and emergency conditional clearances apply to
special education schools, and would apply the due process procedures
established by section 50 of the Civil Service Law to prospective
employees of state schools under Article 87 and 88. The bill also
would amend subdivision 3-a of section 3035 to authorize the City of
New York and the Commissioner to share criminal history record
information on employees of special education schools, and authorize
the Division of Criminal Justice Services to provide subsequent
criminal history to the Commissioner for employees of special
education schools located outside New York City and to the City of New
York for special education schools that contract with the New York
City School District.

Section 22 of the bill would amend paragraph i of subdivision a of
section 4212 of the Education Law to require that applicants for
employment by 4201 schools be fingerprinted in accordance with
subdivision (d) of such section.

Section 23 of the bill would add a new subdivision (d) to section 4212
of the Education Law to require fingerprinting of all prospective
employees of 4201 schools unless they have received clearance for
employment pursuant to sections 3035 or 3004-b of the Education Law
(i.e., through a public school or teacher certification) or section
599-cc or 1209-d of the Vehicle and Traffic Law (school bus drivers
and attendants) or by the City of New York pursuant to local law. The
new subdivision also would authorize the Commissioner to provide
subsequent criminal history notifications to the schools. The new
subdivision would authorize conditional appointments and emergency
conditional appointments of prospective employees of such schools to
the same extent and under the same conditions as a board of education
of a union free school district pursuant to Education Law § 1709(39).

Sections 24 and 25 of the bill would amend paragraph (i) of
subdivision (a) of section 4314 of the education law and add a new
subdivision (d) to section 4314 of the Education Law to require
fingerprinting of all prospective employees of the State School for
the Blind at Batavia unless they have received clearance for
employment pursuant to sections 3035 or 3004-b of the Education Law
(i.e., through a public school or teacher certification) or section
599-cc or 1209-d of the Vehicle and Traffic Law (school bus drivers
and attendants) or by the City of New York pursuant to local law. The
new subdivision also would authorize conditional appointments and
emergency conditional appointments of prospective employees of such
schools to the same extent and under the same conditions as a board of
education of a union free school district pursuant to Education Law
1709(39).


Sections 26 of the bill would amend paragraph i of subdivision a of
section 4358 of the Education Law to require that applicants for
employment by the State School for the Deaf at Rome be fingerprinted
in accordance with subdivision (d) of such section.

Section 27 of the bill would add a new subdivision (d) to section 4358
of the Education Law to require fingerprinting of all prospective
employees of the State School for the Deaf at Rome unless they have
received clearance for employment pursuant to sections 3035 or 3004-b
of the Education Law (i.e., through a public school or teacher
certification) or section 599-cc or 1209-d of the Vehicle and Traffic
Law (school bus drivers and attendants) or by the City of New York
pursuant to local law. The new subdivision also would authorize
conditional appointments and emergency conditional appointments of
prospective employees of this school to the same extent and under the
same conditions as a board of education of a union free school
district pursuant to Education Law § 1709(39).

Section 28 of the bill would amend paragraph a of subdivision 11 of
section 4403 of the Education Law to require that applicants for
employment by Chapter 853 schools be fingerprinted in accordance with
subdivision 23 of such section.

Section 29 of the bill would add a new subdivision 21 to section 4403
of the Education Law to require fingerprinting of all prospective
employees of Chapter 853 schools unless they have received clearance
for employment pursuant to sections 3035 or 3004-b of the Education
Law (i.e., through a public school or teacher certification) or
section 599-cc or 1209-d of the Vehicle and Traffic Law (school bus
drivers and attendants) or by the City of New York pursuant to local
law. The new subdivision also would authorize the Commissioner to
provide subsequent criminal history notifications to the schools. The
new subdivision would authorize conditional appointments and emergency
conditional appointments of prospective employees of such schools to
the same extent and under the same conditions as a board of education
of a union free school district pursuant to Education Law § 1709(39).
The new subdivision also would clarify that it does not apply to an
approved July and August program under Education Law section 4408 that
is operated by a school district or BOCES.

Section 30 of the bill would add a new subdivision 9-e to section 4410
of the Education Law to require fingerprinting of all prospective
employees of 4410 providers unless they have received clearance for
employment pursuant to sections 3035 or 3004-b of the Education Law
(i.e., through a public school or teacher certification) or section
599-cc or 1209-d of the Vehicle and Traffic Law (school bus drivers
and attendants), or a valid clearance issued by the City of New York
pursuant to local law. The new subdivision also would clarify that
individual related service providers are responsible for submitting
their own fingerprints prior to their inclusion on a list of related
service providers maintained by the municipality or board of education
pursuant to subdivision (9)(c) of section 4410). The new subdivision
would authorize the Commissioner to provide subsequent criminal
history notifications for its employees to the approved providers or
to the City School District of the City of New York. The new
subdivision also would authorize conditional appointments and
emergency conditional appointments of prospective employees of such


schools to the same extent and under the same conditions as a board of
education of a union free school district pursuant to Education Law
1709(39). The new subdivision would clarify that it does not apply to
an approved July and August program under Education Law section 4408
that is operated by a school district or BOCES. Finally, the new
subdivision would authorize the Commissioner to provide a copy of an
employee's clearance for employment or a denial of clearance to each
municipality that employs or has such an individual on a list of
related service providers.

Section 31 would amend section 12 of Chapter 147 of the Laws of 2001,
to ensure that the amendments made by Chapter 147 will be permanent
and not expire.

Section 32 requires the Commissioner of Education, in consultation
with the Department of Criminal Justice to conduct a study of the
feasibility and desirability of aligning the fingerprinting process
used for criminal history record checks for employment in school
districts and BOCES and for certification as a teacher or
administrator, to the statewide vendor managed network administered by
the Division of Criminal Justice Services. It also requires the
Commissioner of Education, in consultation with the Department of
Criminal Justice to conduct a study of the feasibility and
desirability of establishing a fingerprinting system for the licensure
of professionals under Title VIII of the Education Law. This section
requires the Commissioner to submit a report to the Board of Regents,
the Governor and the Legislature no later than January 15, 2014, with
recommendations, including appropriate actions that would need to be
taken to align the current fingerprinting process with the statewide
system and to estimate costs and/or savings associated with movement
to the statewide system.

Section 33 authorizes the Commissioner to promulgate any and all rules
and regulations necessary to implement the provisions of this bill.

Section 34 is the effective date of this bill.

Statement in Support of the Bill:

Over the past decade, several pieces of legislation have been enacted
to require prospective employees in various settings to be
fingerprinted for the purpose of conducting criminal history record
checks. In each case, the primary purpose of such legislation is
either to protect children or other vulnerable populations from
exposure to individuals whose criminal records indicate that they may
pose a threat to the health and safety of those in their custody or
care or with whom they have direct contact, or to protect valuable
resources against the risk of theft. Currently, however, there are
gaps in the coverage of these criminal history record check
requirements and the protections they provide. This bill seeks to
address those gaps.

Phasing-In Requirement For Electronic Fingerprints:

Generally, fingerprints are collected across the state at school
districts, BOCES, colleges and universities, and law enforcement
agencies. Fingerprints are received by the Department in two formats:


hard cards containing fingerprints that are collected through the "ink
and roll" method and mailed, and scanned fingerprint images captured
on a scanner and transmitted electronically via a server. All
fingerprint images are delivered by the Department to the state DCJS
to conduct a state criminal history records check and to forward them
to the Federal Bureau of Investigation (FBI) for processing against
their criminal record repository.

The Department has taken steps to better ensure the security of
fingerprints in recent years by growing the number of fingerprints
collected electronically. Approximately 75 percent of fingerprints are
collected electronically, which reduces the opportunity for the
integrity of fingerprints to be compromised.

While the vast majority of fingerprints received by the Department are
transmitted electronically, prospective employees and certificate
applicants continue to be able to submit fingerprints on cards using
the "ink and roll" method. This bill would phase-in electronic
fingerprinting to better reduce the opportunity for tampering because
electronic fingerprints are transmitted automatically to the
Department via a secure server, whereas "ink and roll" fingerprints
are mailed.

Expanding Access to Fingerprinting Sites Through the Use of BOCES:

The bill would also expand access to fingerprinting sites. Current law
limits the ability of BOCES to collect fingerprints to prospective
employees of component districts. In order to ensure broad access
across the state to electronic fingerprint technology, this bill
allows BOCES to process fingerprints to be utilized in criminal
history record checks for prospective employees of nonpublic
elementary and secondary school, charter schools, special education
schools outside of New York and fingerprints for applicants for
teacher or administrator certification and for applicants for a
charter as a charter school. The bill provides protection to component
school districts by requiring such services to be paid at cost and
prohibiting the BOCES from charging any costs incurred in providing
such services to its component school districts.

While the vast majority of fingerprints received by the Department are
transmitted electronically, prospective employees and certificate
applicants continue to be able to submit fingerprints on cards using
the "ink and roll" method. By requiring electronic fingerprinting, the
Department would reduce the opportunity for tampering because
electronic fingerprints are transmitted automatically to the
Department via a secure server, whereas "ink and roll" fingerprints
are mailed. Strengthen Identification Verification Procedures at
Fingerprinting Sites:

Although it is expected that fingerprinting sites around the state
verify the identity of the people they fingerprint, there are no
minimum standards or procedures that must be followed. This bill
establishes minimum standards and procedures, including a requirement
that all applicants show at least two recognizable forms of
identification at the point of fingerprinting and to authorized
personnel, including a picture identification, to, verify their
identity and reduce the chance of fingerprint fraud. It requires the


prospective employee to sign a sworn statement prepared by the
department, on form prescribed by the Commissioner, verifying his/her
identity. Authorized personnel will also be required to take a
photograph of the prospective employee and affix it to the employee's
signed, sworn statement. The authorized personnel will also be
required to sign an affidavit, on a form prescribed by the
Commissioner, attesting that he or she verified the photo
identification and that he/she witnessed the signature and processed
the fingerprints in accordance with the law and Commissioner's
regulations. We expect that these stringent identification
verification requirements will reduce fingerprint fraud, and in turn,
promote the safety of the students and faculty of schools across the
State.

Expanding Fingerprinting Requirements to Special Education Schools:

Fingerprinting requirements were imposed on prospective employees of
school districts, BOCES and charter schools by Chapter 180 of the Laws
of 2000 as part of the Project SAVE initiative. This bill extends the
requirement of a criminal history record check to prospective
employees of the various types of publicly-funded schools that serve
students with disabilities placed by school district committees on
special education and committees on preschool special education. The
City of New York fingerprints employees of special education schools
with which it contracts, but there is no fingerprinting requirement
for special education schools located outside the City of New York
that do not contract with the New York City School District. Now that
school districts, BOCES and charter schools are required to
fingerprint applicants for employment, and as more states impose
fingerprinting requirements for school employees, leaving special
education students unprotected creates a serious risk that individuals
convicted of crimes such as sex offenses involving children that would
disqualify them from serving in public schools will seek to be
employed in schools that serve these students.

Students with disabilities are perhaps the most vulnerable student
population of all, and exposing them to the risk of abuse by
individuals with criminal histories involving physical or sexual abuse
of children is unconscionable.

The existing protections provided to students with disabilities are
not adequate. In addition, there is no adequate protection for
students with disabilities in non-residential schools. The provisions
of Chapter 630 of the Laws of 2006 gave non-public elementary and
secondary schools access to fingerprinting on a voluntary basis, but
it is not clear whether Chapter 630 was intended to apply to
residential and non-residential special education schools. Even if it
is applicable, a voluntary provision would not provide adequate
protection for students with disabilities.

In recognition of the costs and administrative burdens from imposing
fingerprinting requirements, this bill would follow the same measured
approach that was adopted for Project SAVE. Fingerprinting would be
imposed only prospectively; it would apply to new applicants for
employment, not to existing employees. Instead of involving school
districts or BOCES in fingerprinting employees of other entities, the
bill would make the special education schools responsible for ensuring


that their prospective employees are fingerprinted and granted
criminal clearance by the Commissioner of Education. Duplication of
fingerprinting requirements would be avoided to the extent
practicable. However, there are circumstances under which individuals
who are fingerprinted and subjected to a criminal history record check
under other laws would not be exempted by this bill because such other
laws do not authorize an FBI criminal history record check. For
example, this bill would not provide an exemption for individuals
employed by approved providers under section 4410 of the Education Law
who have been fingerprinted under the provisions of § 390-b of the
Social Services Law applicable to day care workers, because there is
no provision for an FBI criminal history record check under that
statute. Once an individual would be given criminal clearance after
having been fingerprinted by a school district pursuant to Education
Law § 3035 or after they would have applied for a teaching certificate
or would be hired as a school bus driver or school bus attendant, they
would not need to be re-fingerprinted. Special education schools
located within the City of New York and individuals who are employed
by special education schools located outside of the City of New York
who receive clearance by the City of New York would also be exempted.
With these exceptions, the bill would track the existing requirements
for criminal history record checks of prospective school district
employees, providing special education school prospective employees
the same due process protections as school district prospective
employees.

Clarification of the provisions of Article 23-B of the Education Law
relating to child abuse in an educational setting as applied to
special education schools is also needed. The definition of an
"educational setting" in section 1125(5) includes not only a school
building, or school bus, but also "any other location where direct
contact between an employee or volunteer and a child has allegedly
occurred." Because the definition of an "employee" in section 1125(3)
includes an employee of a contracted service provider where a school
district contracts with a special education school to provide services
to a student, the literal language of Article 23-B extends to special
education schools as contracted service providers. Article 23-B,
however, requires superintendents of schools and school district
administrators to investigate allegations of child abuse and report
them to law enforcement. In the case of a special education school,
the superintendent of schools of the school district will not be in
the best position to investigate an incident as he or she will not
have ready access to the information needed to make a judgment that
there is reasonable suspicion that an act of child abuse involving an
employee of the special education school has occurred. The special
education school may be located many miles from the school district,
and the superintendent will have no familiarity with the employees of
the special education school and no ability to take swift action
against an employee if an allegation is believed to be founded. In the
case of a residential special education school, where child abuse or
neglect of a child in residential care is already reportable to the
Statewide Central Register of Child Abuse and Maltreatment under the
provisions of Title 6 of the Social Services Law, there is a severe
risk that an independent investigation by a school district would
interfere with and potentially compromise an investigation of alleged
abuse or neglect by the child protective services unit in the local
social services district. Title 6 of the Social Services Law requires


reporting of founded incidents to law enforcement, which makes
application of the protections of Article 23-B to a residential
special education school unnecessary.

This bill would address these issues by explicitly exempting,
residential special education schools and programs from the
requirements of Article 23-B of the Education Law, while providing
greater protection for children by explicitly making the provisions of
Article 23-B applicable to non-residential special education schools
and programs. Incidents occurring in nonresidential special education
schools and programs are not subject to reporting to the Statewide
Central Register of Child Abuse and Maltreatment under the provisions
of Title 6 of the Social Services Law. Unless Article 23-B applies,
there would be a gap in the protection of students with disabilities
against child abuse. This bill would ensure that there would be no gap
in the protection of these children, while assigning responsibility
for compliance with Article 23-B to the school administrator of the
special education school, rather than the superintendent of schools of
the contracting school district. The school administrator of the
non-residential special education school, defined as the chief school
officer, is in the best position to quickly investigate and take
appropriate action to protect the student when an incident of child
abuse occurs. The administrator should be held responsible for
investigating and reporting incidents to law enforcement in precisely
the same manner as a superintendent of schools is for incidents in a
school district school. A school administrator of a non-residential
special education school who fails to investigate or report an
incident of child abuse to law enforcement ought to be subject to the
same criminal sanctions and risk of loss of certification that a
superintendent of schools would face in the same circumstance. This
bill would protect students with disabilities by placing,
responsibility for investigating and intervening in cases of child
abuse in a non-residential special education school precisely where it
belongs-with the chief school officer.

Elimination of Barriers to Removal of Persons Who Commit a Fingerprint
Fraud:

Although there are mechanisms in law to expedite the removal of school
district personnel that commit certain crimes, there are no provisions
to expeditiously address actions related to fingerprint fraud. This
bill provides that an employee may be suspended without pay if an
employee has been convicted of a felony crime involving the submission
of false information, or the commissioner of fraud, related to a
criminal history record check.

Budgetary implications of the bill:

The Department will evaluate the costs of implementing new
fingerprinting requirements for special education schools and may
request additional funding in the 2014-2015 budget to support
implementation of these reforms.

Prior legislative history:

In 2009, the language relating to special education school
fingerprinting language was introduced in the Senate as S.3294.


S.3294 was referred to the Senate Education Committee and no further
action was taken. An identical bill was introduced in the Assembly as
A.6369, and was referred to the Assembly Education Committee. No
further action was taken.

In the 2008 and 2007 legislative session the special education school
fingerprinting language was introduced as A. 8681 and S.5774. A.8681
was referred to the Assembly Education Committee and no further action
was taken. S. 5774 passed the Senate, was referred to the Assembly
Education Committee and no further action was taken.

In 2006, a similar bill relating to special education schools was
introduced as S.5432, passed the Senate and was referred to the
Assembly Education Committee and no further action was taken. Another
similar bill, S.4018, was introduced in the Senate, and referred to
the Senate Finance Committee. A similar bill, A. 11908, was introduced
in the Assembly, referred to the Assembly Education Committee and no
further action was taken. Similar bills were also introduced as S.
4985-A for 2003-2004 and A. 10971 for 2004.

Effective date:

This act would take effect on the 180th day after it becomes a law.
The Commissioner's authority to promulgate any regulations needed to
implement the act on the effective date would take effect immediately.
The provisions of sections 1 through 4, 18 through 20, and 22 through
28 of this act shall apply to prospective employees of special
education schools who are appointed on or after the effective date, 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 the effective date. The
amendments to subdivision 5 of section 1125 would 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. The provisions of section 16 of this act would
expire and be deemed repealed in accordance with subdivision 12 of
section 17 of chapter 345 of the laws of 2009. If sections 1-a, 2, 3
and 4 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
sections 22, 24, 26 and 28 of this bill shall take effect on the same
date and in the same manner as the respective sections of Part E of
Chapter 501 of the Laws of 2012 takes effect.

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

                                  5556

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              May 20, 2013
                               ___________

Introduced  by  Sen.  FLANAGAN  --  (at  request  of the State Education
  Department) -- read twice and ordered printed, and when printed to  be
  committed to the Committee on Education

AN  ACT to amend the education law, in relation to requiring the finger-
  printing of prospective employees of 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

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

S. 5556                             2

authorizing the fingerprinting of prospective employees of nonpublic and
private elementary and secondary schools, and for the use of information
derived from searches of the records of the division of criminal justice
services  and  the  federal  bureau of investigation based on the use of
such fingerprints. The commissioner shall also develop a form for use by
school districts, charter schools,  boards  of  cooperative  educational
services, 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

S. 5556                             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

S. 5556                             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.

S. 5556                             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

S. 5556                             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-

S. 5556                             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

S. 5556                             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

S. 5556                             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

S. 5556                            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

S. 5556                            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

S. 5556                            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

S. 5556                            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

S. 5556                            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-

S. 5556                            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

S. 5556                            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

S. 5556                            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

S. 5556                            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,

S. 5556                            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.

S5556A (ACTIVE) - Bill Details

Current Committee:
Law Section:
Education Law
Laws Affected:
Amd Ed L, generally; amd §12, Chap 147 of 2001

S5556A (ACTIVE) - Bill Texts

view summary

Relates to requiring the fingerprinting of prospective employees of approved private special education schools; phases in a requirement that all fingerprints submitted by prospective employees and applicants for certification be electronically submitted; authorizes boards of cooperative educational services to conduct fingerprinting for non-component districts, special education schools, and applicants for certification; strengthens identification verification practices at fingerprinting sites for the purpose of conducting criminal history record checks and enhances existing statutory mechanisms to expedite the removal of persons who commit fingerprint fraud; makes permanent certain provisions.

view sponsor memo
BILL NUMBER:S5556A

TITLE OF BILL: An act to amend the education law, in relation to
requiring the fingerprinting of prospective employees of approved
private special education schools, phasing-in a requirement that all
fingerprints submitted by prospective employees and applicants for
certification be electronically submitted, authorizing boards of
cooperative educational services to conduct fingerprinting for
non-component districts, special education schools, and applicants for
certification, strengthening 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 conditional clearances for employment

Purpose of the bill: This bill would protect the health and safety of
students with disabilities who attend various special education
schools in settings outside of a public school district or board of
cooperative educational services (BOCES) by requiring fingerprinting
and criminal history record checks of prospective employees of these
schools on the same basis as prospective employees of school
districts, charter schools and BOCES.

The bill also expands access to fingerprinting sites by authorizing
BOCES to conduct fingerprinting for non-component districts, special
education schools, charter schools and applicants for certification.
It also better ensures fingerprint security and integrity by phasing
in a requirement that all fingerprints be electronically submitted to
the Department. By requiring electronic fingerprinting, the Department
would better reduce the opportunity for tampering because electronic
fingerprints are transmitted automatically to the Department via a
secure server, whereas "ink and roll" fingerprints are mailed. It also
establishes minimum standards and procedures to be followed at
fingerprint sites to strengthen identification verification best
practices at such sites.

Further, the bill would amend the provisions of Article 23-B of the
Education Law relating to reporting, investigation or identification
of child abuse by persons in an educational setting to clarify that
these provisions apply to non-residential special education schools
and programs, but not to residential schools and programs already
subject to child abuse and neglect reporting under Title 6 of the
Social Services Law.

Finally, the bill enhances existing statutory and regulatory
mechanisms to expedite removal of persons who commit fingerprint fraud
by allowing an employee to be suspended without pay if he/she is
convicted of a felony crime involving the submission of false
information, or the commission of fraud, related to a criminal history
record check.

Summary of the provisions of the bill:


Section 1 of the bill would amend paragraphs a and b of subdivision 30
of section 305 of the Education Law to make the provisions that
require the Commissioner of Education, to promulgate regulations for
fingerprinting prospective employees and develop forms relating to
fingerprinting and notices to employees applicable to prospective
employees of special education schools. These regulations would not
apply to special education schools located within the City of New
York, which fingerprints employees of special education schools that
contract with the New York City School District. This section and
sections 9 through 12, 14, 15, 17 and 18 would amend Education Law
1604(39)(a), 1790(39)(a), 1804(9)(a), 1950(4)(a), 2503(18)(a),
2554(25)(a), 2854(3)(a-2)(i) and 3004-b(1) to require prospective
employees and applicants for certification to be fingerprinted by
authorized personnel at designated fingerprinting entities approved by
the department, using electronic scanning. It also requires the
Commissioner to establish minimum standards and procedures for
identification verification to be followed at fingerprinting sites,
including a requirement that the prospective employee show two forms
of identification to authorized personnel, one of which shall be an
official government issued photo identification. The prospective
employee must then sign a sworn statement verifying his/her identity
and the authorized personnel must sign an affidavit, on a form
prescribed by the Commissioner, attesting that he/she verified the
photo identification presented and witnessed the employee's signature.
The bill would require these records to be retained as business
records as defined in subdivision two of section 175.00 of the Penal
Law for the duration of the individual's employment in a manner
prescribed by the Commissioner.

Section 2 of the bill would amend subparagraph (vii) of paragraph c of
subdivision 30 of section 305 of the Education Law to make the
provision requiring that an employee's fingerprinting records be
destroyed 12 months after termination if the individual is not
employed by another public school also apply to employees of special
education schools and re-employment in such schools.

Section 3 of the bill would amend paragraph d of subdivision 30 of
section 305 to make the provision that requires the Commissioner to
develop forms to be completed by prospective employees when
conditional appointments or emergency conditional appointments are
made also apply to special education schools.

Section 4 of the bill would add a new paragraph (f) to subdivision 30
of section 305 of the Education Law to define a "special education
school" as a state school operated pursuant to Article 87 or 88 of the
Education Law (i.e., the State School for the Blind at Batavia and the
State School for the Deaf at Rome); a state-supported school operated
pursuant to Article 85 of the Education Law (i.e., a "4201 school");
an approved private non-residential or residential school for students
with disabilities located within the state (i.e., a "Chapter 853
school"); or an approved provider of preschool special education
services or programs (i.e., "4410 providers"). This term would not
include a school or facility operated or licensed by another state
agency unless the school or facility is also an approved private
school for students with disabilities or an approved preschool
provider.


Section 5 of the bill would amend subdivisions 3, 4, 5 and 6 of
section 1125 of the Education Law to include non-residential special
education schools or programs within the definitions of "employee",
"volunteer" and "administrator" for the purposes of Article 23-B of
the Education Law relating to reporting, investigation or
identification of child abuse by persons in an educational setting.
The bill would define "non-residential special education school or
program" as a non-residential state-supported school operated pursuant
to article 85 and an approved non-residential private school or
preschool for the education of students with disabilities. The bill
also would amend the definition of "educational setting" to include
non-residential special education schools or programs, and exclude
residential schools subject to mandatory reporting to the Statewide
Central Register of Child Abuse and Maltreatment pursuant to Title 6
of the Social Services Law.

Section 6 of the bill would amend subdivision 2 of section 1126 of the
Education Law to require that reports of child abuse by an employee or
volunteer of a non-residential special education school be forwarded
to the administrator of the school. The administrator of a
nonresidential special education school or program would be
responsible for compliance with the provisions of Article 23-B.

Section 7 of the bill would amend section 1128-a of the Education Law
to clarify that where a school administrator or a superintendent of
schools forwards a report prepared pursuant to section 1126 of the
Education Law to law enforcement, the report must also be submitted to
the Commissioner of Education if the employee or volunteer alleged to
have committed an act of child abuse holds a certification or license
issued by the department.

Section 8 would amend section 1133 of the Education Law to provide
immunity to any administrator who reasonably and in good faith reports
to law enforcement officials information regarding allegations of
child abuse.

Section 13 of the bill would add a new paragraph oo to subdivision 4
of section 1950 of the Education Law to allow BOCES 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 and for applicants for teacher certification and for
applicants for a charter as a charter school. These services must be
provided at cost and the BOCES shall not be authorized to charge any
costs incurred in providing such services to its component school
districts.

Section 16 and 16-a of the bill would amend subdivision 20 of section
2590-h of the Education law to clarify that the Chancellor is
responsible for taking the fingerprints for licensure and/or
employment of personnel employed by a special education school that
contracts with the City School District of the City of New York.

Section 19 of the bill would amend paragraph b of subdivision 2 of
section 3020-a of the education law to allow an employee to be
suspended without pay if he/she is convicted of a felony crime


involving the submission of false information, or the commission of
fraud, related to a criminal history record check.

Section 20 of the bill would amend subdivision 1 of section 3035 of
the Education Law to make the provision that requires the Commissioner
to submit fingerprints to the Division of Criminal Justice Services
(DCJS) with required processing fees and requires DCJS to submit the
fingerprints to the Federal Bureau of Investigation (FBI) for a
criminal records check also applicable to a special education school,
except a special education school located within the City of New York.
It would also only require the Commissioner to submit one set of
fingerprints, instead of two sets of fingerprints, except where
otherwise necessary.

Section 21 of the bill would amend subdivisions 3 and 3-a of section
3035 of the Education Law to make the existing procedures for
conditional clearances and emergency conditional clearances apply to
special education schools, and would apply the due process procedures
established by section .50 of the Civil Service Law to prospective
employees of state schools under Article 87 and 88. The bill also
would amend subdivision 3-a of section 3035 to authorize the City of
New York and the Commissioner to share criminal history record
information on employees of special education schools, and authorize
the Division of Criminal Justice Services to provide subsequent
criminal history to the Commissioner for employees of special
education schools located outside New York City and to the City of New
York for special education schools that contract with the New York
City School District.

Section 22 of the bill would amend paragraph i of subdivision a of
section 4212 of the Education Law to require that applicants for
employment by 4201 schools be fingerprinted in accordance with
subdivision (d) of such section.

Section 23 of the bill would add a new subdivision (d) to section 4212
of the Education Law to require fingerprinting of all prospective
employees of 4201 schools unless they have received clearance for
employment pursuant to sections 3035 or 3004-b of the Education Law
(i.e., through a public school or teacher certification) or section
599-cc or 1209-d of the Vehicle and Traffic Law (school bus drivers
and attendants) or by the City of New York pursuant to local law. The
new subdivision also would authorize the Commissioner to provide
subsequent criminal history notifications to the schools. The new
subdivision would authorize conditional appointments and emergency
conditional appointments of prospective employees of such schools to
the same extent and under the same conditions as a board of education
of a union free school district pursuant to Education Law § 1709(39).

Sections 24 and 25 of the bill would amend paragraph (i) of
subdivision (a) of section 4314 of the education law and add a new
subdivision (d) to section 4314 of the Education Law to require
fingerprinting of all prospective employees of the State School for
the Blind at Batavia unless they have received clearance for
employment pursuant to sections 3035 or 3004-b of the Education Law
(i.e., through a public school or teacher certification) or section
599-cc or 1209-d of the Vehicle and Traffic Law (school bus drivers
and attendants) or by the City of New York pursuant to local law. The


new subdivision also would authorize conditional appointments and
emergency conditional appointments of prospective employees of such
schools to the same extent and under the same conditions as a board of
education of a union free school district pursuant to Education Law
1709(39).

Sections 26 of the bill would amend paragraph i of subdivision a of
section 4358 of the Education Law to require that applicants for
employment by the State School for the Deaf at Rome be fingerprinted
in accordance with subdivision (d) of such section.

Section 27 of the bill would add a new subdivision (d) to section 4358
of the Education Law to require fingerprinting of all prospective
employees of the State School for the Deaf at Rome unless they have
received clearance for employment pursuant to sections 3035 or 3004-b
of the Education Law (i.e., through a public school or teacher
certification) or section 599-cc or 1209-d of the Vehicle and Traffic
Law (school bus drivers and attendants) or by the City of New York
pursuant to local law. The new subdivision also would authorize
conditional appointments and emergency conditional appointments of
prospective employees of this school to the same extent and under the
same conditions as a board of education of a union free school
district pursuant to Education Law § 1709(39).

Section 28 of the bill would amend paragraph a of subdivision 11 of
section 4403 of the Education Law to require that applicants for
employment by Chapter 853 schools be fingerprinted in accordance with
subdivision 23 of such section.

Section 29 of the bill would add a new subdivision 21 to section 4403
of the Education Law to require fingerprinting of all prospective
employees of Chapter 853 schools unless they have received clearance
for employment pursuant to sections 3035 or 3004-b of the Education
Law (i e., through a public school or teacher certification) or
section .599-cc or 1209-d of the Vehicle and Traffic Law (school bus
drivers and attendants) or by the City of New York pursuant to local
law. The new subdivision also would authorize the Commissioner to
provide subsequent criminal history notifications to the schools. The
new subdivision would authorize conditional appointments and emergency
conditional appointments of prospective employees of such schools to
the same extent and under the same conditions as a board of education
of a union free school district pursuant to Education Law § 1709(39).
The new subdivision also would clarify that it does not apply to an
approved July and August program under Education Law section 4408 that
is operated by a school district or BOCES.

Section 30 of the bill would add a new subdivision 9-e to section 4410
of the Education Law to require fingerprinting of all prospective
employees of 4410 providers unless they have received clearance for
employment pursuant to sections 3035 or 3004-b of the Education Law
(i.e., through a public school or teacher certification) or section
and attendants), or a valid clearance issued by the City of New York
pursuant to local law. The new subdivision also would clarify that
individual related service providers are responsible for submitting
their own fingerprints prior to their inclusion on a list of related
service providers maintained by the municipality or board of education
pursuant to subdivision (9)(c) of section 4410). The new subdivision


would authorize the Commissioner to provide subsequent criminal
history notifications for its employees to the approved providers or
to the City School District of the City of New York. The new
subdivision also would authorize conditional appointments and
emergency conditional appointments of prospective employees of such
schools to the same extent and under the same conditions as a board of
education of a union free school district pursuant to Education Law
1709(39). The new subdivision would clarify that it does not apply to
an approved July and August program under Education Law section 4408
that is operated by a school district or BOCES. Finally, the new
subdivision would authorize the Commissioner to provide a copy of an
employee's clearance for employment or a denial of clearance to each
municipality that employs or has such an individual on a list of
related service providers.

Section 31 would amend section 12 of Chapter 147 of the Laws of 2001,
to ensure that the amendments made by Chapter 147 will be permanent
and not expire.

Section 32 requires the Commissioner of Education, in consultation
with the Department of Criminal Justice to conduct a study of the
feasibility and desirability of aligning the fingerprinting process
used for criminal history record checks for employment in school
districts and BOCES and for certification as a teacher or
administrator, to the statewide vendor managed network administered by
the Division of Criminal Justice Services. It also requires the
Commissioner of Education, in consultation with the Department of
Criminal Justice to conduct a study of the feasibility and
desirability of establishing a fingerprinting system for the licensure
of professionals under Title VIII of the Education Law. This section
requires the Commissioner to submit a report to the Board of Regents,
the Governor and the Legislature no later than January 15, 2014, with
recommendations, including appropriate actions that would need to be
taken to align the current fingerprinting process with the statewide
system and to estimate costs and/or savings associated with movement
to the statewide system.

Section 33 authorizes the Commissioner to promulgate any and all rules
and regulations necessary to implement the provisions of this bill.

Section 34 is the effective date of this bill.

Statement in Support of the Bill: Over the past decade, several
pieces of legislation have been enacted to require prospective
employees in various settings to be fingerprinted for the purpose of
conducting criminal history record checks. In each case, the primary
purpose of such legislation is either to protect children or other
vulnerable populations from exposure to individuals whose criminal
records indicate that they may pose a threat to the health and safety
of those in their custody or care or with whom they have direct
contact, or to protect valuable resources against the risk of theft.
Currently, however, there are gaps in the coverage of these criminal
history record check requirements and the protections they provide.
This bill seeks to address those gaps.

Phasing-In Requirement For Electronic Fingerprints Generally,
fingerprints are collected across the state at school districts,


BOCES, colleges and universities, and law enforcement agencies.
Fingerprints are received by the Department in two formats: hard
cards containing fingerprints that are collected through the "ink and
roll" method and mailed, and scanned fingerprint images captured on a
scanner and transmitted electronically via a server. All fingerprint
images are delivered by the Department to the state DCJS to conduct a
state criminal history records check and to forward them to the
Federal Bureau of Investigation (FBI) for processing against their
criminal record repository.

The Department has taken steps to better ensure the security of
fingerprints in recent years by growing the number of fingerprints
collected electronically. Approximately 75 percent of fingerprints are
collected electronically, which reduces the opportunity for the
integrity of fingerprints to be compromised.

While the vast majority of fingerprints received by the Department are
transmitted electronically, prospective employees and certificate
applicants continue to be able to submit fingerprints on cards using
the "ink and roll" method. This bill would phase-in electronic
fingerprinting to better reduce the opportunity for tampering because
electronic fingerprints are transmitted automatically to the
Department via a secure server, whereas "ink and roll" fingerprints
are mailed.

Expanding Access to Fingerprinting Sites Through the Use of BOCES The
bill would also expand access to fingerprinting sites. Current law
limits the ability of BOCES to collect fingerprints to prospective
employees of component districts. In order to ensure broad access
across the state to electronic fingerprint technology, this bill
allows BOCES to process fingerprints to be utilized in criminal
history record checks for prospective employees of nonpublic
elementary and secondary school, charter schools, special education
schools outside of New York and fingerprints for applicants for
teacher or administrator certification and for applicants for a
charter as a charter school. The bill provides protection to component
school districts by requiring such services to be paid at cost and
prohibiting the BOCES from charging any costs incurred in providing
such services to its component school districts.

While the vast majority of fingerprints received by the Department are
transmitted electronically, prospective employees and certificate
applicants continue to be able to submit fingerprints on cards using
the "ink and roll" method. By requiring electronic fingerprinting, the
Department would reduce the opportunity for tampering because
electronic fingerprints are transmitted automatically to the
Department via a secure server, whereas "ink and roll" fingerprints
are mailed

Strengthen Identification Verification Procedures at Fingerprinting
Sites Although it is expected that fingerprinting sites around the
state verify the identity of the people they fingerprint, there are no
minimum standards or procedures that must be followed. This bill
establishes minimum standards and procedures, including a requirement
that all applicants show at least two recognizable forms of
identification at the point of fingerprinting and to authorized
personnel, including a picture identification, to verify their


identity and reduce the chance of fingerprint fraud. It requires the
prospective employee to sign a sworn statement prepared by the
department, on form prescribed by the Commissioner, verifying his/her
identity. Authorized personnel will also be required to take a
photograph of the prospective employee and affix it to the employee's
signed, sworn statement. The authorized personnel will also be
required to sign an affidavit, on a form prescribed by the
Commissioner, attesting that he or she verified the photo
identification and that he/she witnessed the signature and processed
the fingerprints in accordance with the law and Commissioner's
regulations. We expect that these stringent identification
verification requirements will reduce fingerprint fraud, and in turn,
promote the safety of the students and faculty of schools across the
State.

Expanding Fingerprinting Requirements to Special Education Schools
Fingerprinting requirements were imposed on prospective employees of
school districts, BOCES and charter schools by Chapter 180 of the Laws
of 2000 as part of the Project SAVE initiative. This bill extends the
requirement of a criminal history record check to prospective
employees of the various types of publicly-funded schools that serve
students with disabilities placed by school district committees on
special education and committees on preschool special education. The
City of New York fingerprints employees of special education schools
with which it contracts, but there is no fingerprinting requirement
for special education schools located outside the City of New York
that do not contract with the New York City School District. Now that
school districts, BOCES and charter schools are required to
fingerprint applicants for employment, and as more states impose
fingerprinting requirements for school employees, leaving special
education students unprotected creates a serious risk that individuals
convicted of crimes such as sex offenses involving children that would
disqualify them from serving in public schools will seek to be
employed in schools that serve these students.

Students with disabilities are perhaps the most vulnerable student
population of all, and exposing them to the risk of abuse by
individuals with criminal histories involving physical or sexual abuse
of children is unconscionable.

The existing protections provided to students with disabilities are
not adequate. In addition, there is no adequate protection for
students with disabilities in non-residential schools. The provisions
of Chapter 630 of the Laws of 2006 gave non-public elementary and
secondary schools access to fingerprinting on a voluntary basis, but
it is not clear whether Chapter 630 was intended to apply to
residential and non-residential special education schools. Even if it
is applicable, a voluntary provision would not provide adequate
protection for students with disabilities.

In recognition of the costs and administrative burdens from imposing
fingerprinting requirements, this bill would follow the same measured
approach that was adopted for Project SAVE. Fingerprinting would be
imposed only prospectively; it would apply to new applicants for
employment, not to existing employees. Instead of involving school
districts or BOCES in fingerprinting employees of other entities, the
bill would make the special education schools responsible for ensuring


that their prospective employees are fingerprinted and granted
criminal clearance by the Commissioner of Education. Duplication of
fingerprinting requirements would be avoided to the extent
practicable. However, there are circumstances under which individuals
who are fingerprinted and subjected to a criminal history record check
under other laws would not be exempted by this bill because such other
laws do not authorize an FBI criminal history record check. For
example, this bill would not provide an exemption for individuals
employed by approved providers under section 4410 of the Education Law
who have been fingerprinted under the provisions of § 390-b of the
Social Services Law applicable to day care workers, because there is
no provision for an FBI criminal history record check under that
statute. Once an individual would be given criminal clearance after
having been fingerprinted by a school district pursuant to Education
Law § 3035 or after they would have applied for a teaching certificate
or would be hired as a school bus driver or school bus attendant, they
would not need to be re-fingerprinted. Special education schools
located within the City of New York and individuals who are employed
by special education schools located outside of the City of New York
who receive clearance by the City of New York would also be exempted.
With these exceptions, the bill would track the existing requirements
for criminal history record checks of prospective school district
employees, providing special education school prospective employees
the same due process protections as school district prospective
employees.

Clarification of the provisions of Article 23-B of the Education Law
relating to child abuse in an educational setting as applied to
special education schools is also needed. The definition of an
"educational setting" in section 1125(5) includes not only a school
building or school bus, but also "any other location where direct
contact between an employee or volunteer and a child has allegedly
occurred." Because the definition of an "employee" in section 1125(3)
includes an employee of a contracted service provider where a school
district contracts with a special education school to provide services
to a student, the literal language of Article 23-B extends to special
education schools as contracted service providers. Article 23-B,
however, requires superintendents of schools and school district
administrators to investigate allegations of child abuse and report
them to law enforcement. In the case of a special education school,
the superintendent of schools of the school district will not be in
the best position to investigate an incident as he or she will not
have ready access to the information needed to make a judgment that
there is reasonable suspicion that an act of child abuse involving an
employee of the special education school has occurred. The special
education school may be located many miles from the school district,
and the superintendent will have no familiarity with the employees of
the special education school and no ability to take swift action
against an employee if an allegation is believed to be founded. In the
case of a residential special education school, where child abuse or
neglect of a child in residential care is already reportable to the
Statewide Central Register of Child Abuse and Maltreatment under the
provisions of Title 6 of the Social Services Law, there is a severe
risk that an independent investigation by a school district would
interfere with and potentially compromise an investigation of alleged
abuse or neglect by the child protective services unit in the local
social services district. Title 6 of the Social Services Law requires


reporting of founded incidents to law enforcement, which makes
application of the protections of Article 23-B to a residential
special education school unnecessary.

This bill would address these issues by explicitly exempting
residential special education schools and programs from the
requirements of Article 23-B of the Education Law, while providing
greater protection for children by explicitly making the provisions of
Article 23-B applicable to non-residential special education schools
and programs. Incidents occurring in nonresidential special education
schools and programs are not subject to reporting to the Statewide
Central Register of Child Abuse and Maltreatment under the provisions
of Title 6 of the Social Services Law. Unless Article 23-B applies,
there would be a gap in the protection of students with disabilities
against child abuse. This bill would ensure that there would be no gap
in the protection of these children, while assigning responsibility
for compliance with Article 23-B to the school administrator of the
special education school, rather than the superintendent of schools of
the contracting school district. The school administrator of the
non-residential special education school, defined as the chief school
officer, is in the best position to quickly investigate and take
appropriate action to protect the student when an incident of child
abuse occurs. The administrator should be held responsible for
investigating and reporting incidents to law enforcement in precisely
the same manner as a superintendent of schools is for incidents in a
school district school. A school administrator of a non-residential
special education school who fails to investigate or report an
incident of child abuse to law enforcement ought to be subject to the
same criminal sanctions and risk of loss of certification that a
superintendent of schools would face in the same circumstance. This
bill would protect students with disabilities by placing
responsibility for investigating and intervening in cases of child
abuse in a non-residential special education school precisely where it
belongs-with the chief school officer.

Elimination of Barriers to Removal of Persons Who Commit a Fingerprint
Fraud Although there are mechanisms in law to expedite the removal of
school district personnel that commit certain crimes, there are no
provisions to expeditiously address actions related to fingerprint
fraud. This bill provides that an employee may be suspended without
pay if an employee has been convicted of a felony crime involving the
submission of false information, or the commissioner of fraud, related
to a criminal history record check.

Budgetary implications of the bill: The Department will evaluate the
costs of implementing new fingerprinting requirements for special
education schools and may request additional funding in the 2014-2015
budget to support implementation of these reforms.

Prior legislative history: In 2009, the language relating to special
education school fingerprinting language was introduced in the Senate
as S.3294. S.3294 was referred to the Senate Education Committee and
no further action was taken. An identical bill was introduced in the
Assembly as A.6369, and was referred to the Assembly Education
Committee. No further action was taken.


In the 2008 and 2007 legislative session the special education school
fingerprinting language was introduced as A. 8681 and S.5774. A.8681
was referred to the Assembly Education Committee and no further action
was taken. S. 5774 passed the Senate, was referred to the Assembly
Education Committee and no further action was taken.

In 2006, a similar bill relating to special education schools was
introduced as S.5432, passed the Senate and was referred to the
Assembly Education Committee and no further action was taken. Another
similar bill, S.4018, was introduced in the Senate, and referred to
the Senate Finance Committee. A similar bill, A. 11908, was introduced
in the Assembly, referred to the Assembly Education Committee and no
further action was taken. Similar bills were also introduced as S.
4985-A for 2003-2004 and A. 10971 for 2004.

Effective date: This act would take effect on the 180th day after it
becomes a law. The Commissioner's authority to promulgate any
regulations needed to implement the act on the effective date would
take effect immediately. The provisions of sections 1 through 4, 18
through 20, and 22 through 28 of this act shall apply to prospective
employees of special education schools who are appointed on or after
the effective date, 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 the effective date. The amendments to subdivision 5 of section
1125 would 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. The provisions
of section 16 of this act would expire and be deemed repealed in
accordance with subdivision 12 of section 17 of chapter 345 of the
laws of 2009. If sections 1-a, 2, 3 and 4 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 sections 22, 24, 26 and 28 of this bill
shall take effect on the same date and in the same manner as the
respective sections of Part E of Chapter 501 of the Laws of 2012 takes
effect.

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

                                 5556--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              May 20, 2013
                               ___________

Introduced  by  Sen.  FLANAGAN  --  (at  request  of the State Education
  Department) -- 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  commit-
  tee

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-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10658-05-3

S. 5556--A                          2

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
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.  THESE RECORDS SHALL BE RETAINED AS BUSINESS RECORDS  AS
DEFINED  IN  SUBDIVISION  TWO OF SECTION 175.00 OF THE PENAL LAW FOR THE
DURATION OF THE INDIVIDUAL'S EMPLOYMENT IN A MANNER  PRESCRIBED  BY  THE
COMMISSIONER.  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:

S. 5556--A                          3

  (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;
  (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:

S. 5556--A                          4

  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
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-

S. 5556--A                          5

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.
  (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

S. 5556--A                          6

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.  THESE RECORDS
SHALL BE RETAINED AS BUSINESS RECORDS AS DEFINED IN SUBDIVISION  TWO  OF
SECTION  175.00  OF  THE  PENAL LAW FOR THE DURATION OF THE INDIVIDUAL'S
EMPLOYMENT IN A MANNER PRESCRIBED BY  THE  COMMISSIONER.  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.  THESE RECORDS
SHALL BE RETAINED AS BUSINESS RECORDS AS DEFINED IN SUBDIVISION  TWO  OF
SECTION  175.00  OF  THE  PENAL LAW FOR THE DURATION OF THE INDIVIDUAL'S
EMPLOYMENT IN A MANNER PRESCRIBED BY  THE  COMMISSIONER.  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:

S. 5556--A                          7

  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-
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.  THESE RECORDS SHALL BE RETAINED AS BUSINESS RECORDS AS
DEFINED IN SUBDIVISION TWO OF SECTION 175.00 OF THE PENAL  LAW  FOR  THE
DURATION  OF  THE  INDIVIDUAL'S EMPLOYMENT IN A MANNER PRESCRIBED BY THE
COMMISSIONER. Every set of fingerprints taken pursuant to this  subdivi-
sion  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-

S. 5556--A                          8

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
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.    THESE  RECORDS  SHALL  BE RETAINED AS BUSINESS RECORDS AS
DEFINED IN SUBDIVISION TWO OF SECTION 175.00 OF THE PENAL  LAW  FOR  THE
DURATION  OF  THE  INDIVIDUAL'S EMPLOYMENT IN A MANNER PRESCRIBED BY THE
COMMISSIONER. 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

S. 5556--A                          9

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.  THESE RECORDS SHALL BE RETAINED AS BUSINESS RECORDS AS
DEFINED IN SUBDIVISION TWO OF SECTION 175.00 OF THE PENAL  LAW  FOR  THE
DURATION  OF  THE  INDIVIDUAL'S EMPLOYMENT IN A MANNER PRESCRIBED BY THE
COMMISSIONER.
  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-

S. 5556--A                         10

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.  THESE RECORDS SHALL BE RETAINED AS BUSINESS RECORDS AS
DEFINED IN SUBDIVISION TWO OF SECTION 175.00 OF THE PENAL  LAW  FOR  THE
DURATION  OF  THE  INDIVIDUAL'S EMPLOYMENT IN A MANNER PRESCRIBED BY THE
COMMISSIONER.
  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
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

S. 5556--A                         11

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
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.  THESE RECORDS SHALL BE RETAINED AS BUSINESS RECORDS  AS
DEFINED  IN  SUBDIVISION  TWO OF SECTION 175.00 OF THE PENAL LAW FOR THE
DURATION OF THE INDIVIDUAL'S EMPLOYMENT IN A MANNER  PRESCRIBED  BY  THE
COMMISSIONER. Every set of fingerprints taken pursuant to this paragraph
shall  be  promptly submitted to the commissioner for purposes of clear-
ance 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.  APPLICANTS FOR CERTIFICATION, WHO ARE REQUIRED  TO  BE  FINGER-
PRINTED  UNDER  THIS  SECTION,  INCLUDING OUT-OF-STATE APPLICANTS TO THE

S. 5556--A                         12

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.  THESE RECORDS SHALL BE RETAINED AS BUSINESS RECORDS AS
DEFINED IN SUBDIVISION TWO OF SECTION 175.00 OF THE PENAL  LAW  FOR  THE
DURATION  OF  THE  INDIVIDUAL'S EMPLOYMENT IN A MANNER PRESCRIBED BY THE
COMMISSIONER. The commissioner shall obtain from each applicant ONE SET,
OR WHERE NECESSARY, two sets of fingerprints and the division of  crimi-
nal  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
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

S. 5556--A                         13

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
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

S. 5556--A                         14

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
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

S. 5556--A                         15

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-
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

S. 5556--A                         16

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
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. 5556--A                         17

  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
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

S. 5556--A                         18

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
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-

S. 5556--A                         19

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,
including appropriate actions that would need to be taken to  align  the
existing  fingerprinting  process  and to establish a new fingerprinting
process for licensed professionals under title VIII of the education law
with the statewide system and any estimated costs and/or savings associ-
ated 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;

S. 5556--A                         20

  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.

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