NY State Senate Bill 2015-S7217

Archive: Last Bill Status - In Senate Committee Rules Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 17, 2016	committed to rules
May 25, 2016	advanced to third reading
May 24, 2016	2nd report cal.
May 23, 2016	1st report cal.1041
Apr 07, 2016	referred to education

Votes

- May 23, 2016 - Education Committee Vote
  S7217
  
  Aye
  
  17
  
  Nay
  
  1
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  1
  
  Abstained
  
  0
  - - Education Committee Vote: May 23, 2016
      
      aye (17)
      
      Addabbo Jr.
      
      Avella
      
      Breslin
      
      Croci
      
      Farley
      
      Hamilton
      
      LaValle
      
      Lanza
      
      Latimer
      
      Little
      
      Marcellino
      
      Peralta
      
      Ranzenhofer
      
      Robach
      
      Serino
      
      Stavisky
      
      Valesky
      
      nay (1)
      
      Montgomery
      
      excused (1)
      
      Seward

2015-S7217 (ACTIVE) - Details

See Assembly Version of this Bill:: A9632
Current Committee:: Senate Rules
Law Section:: Education Law
Laws Affected:: Amd Ed L, generally

2015-S7217 (ACTIVE) - Summary

Requires the fingerprinting of prospective employees of approved special education schools; expedites the removal of persons who commit fingerprint fraud; makes related provisions.

2015-S7217 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S7217

 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 and enhancing existing statutory
mechanisms to expedite the removal of persons who commit fingerprint
fraud

 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.

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.

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 9 would amend paragraph a of subdivision 9 of section 1804 of
the Education Law to require prospective employees, including
out-of-state applicants to be fingerprinted using electronic scanning
technology in a manner prescribed by the commission in rules and
regulations developed in cooperation with the division of criminal
justice services, which shall include but not be limited to standards
for the submission of electronic fingerprints, photographs and
verification of the identity of prospective employees, who submit
fingerprint cards and are not fingerprinted electronically shall be
fingerprinted electronically prior to employment within the state.

Sections 10 and 11 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 12 of the bill would amend subdivision 1 of section 3004-b of
the Education Law to require prospective employees, including
out-of-state applicants to be fingerprinted using electronic scanning
technology in a manner prescribed by the commission in rules and
regulations developed in cooperation with the division of criminal
justice services, which shall include but not be limited to standards
for the submission of electronic fingerprints, photographs and
verification of the identity of prospective employees, who submit
fingerprint cards and are not fingerprinted electronically shall be
fingerprinted electronically prior to employment within the state.

Section 13 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 14 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 15 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 school 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 16 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 17 of the bill would add a new subdivision (c) 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 18 and 19 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 20 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 (c) of such section.

Section 21of the bill would add a new subdivision (c) 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 22 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 23 of the bill would add a new subdivision 22 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 24 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 operate d 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 25 authorizes the Commissioner to promulgate any and all rules
and regulations necessary to implement the provisions of this bill.

Section 26 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.

 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 not 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 2016-2017 budget to support
implementation of these reforms.

 PRIOR LEGISLATIVE HISTORY :

In 2013, an amended version of the bill was introduced in the Senate
as S.5556A. That bill passed the Senate in 2013. In 2014, the bill was
discharged from the Senate Education Committee and committed to the
Senate Rules Committee. No further action was taken. In 2013 and 2014,
a similar bill was introduced in the Assembly as A.7443. The bill was
referred to the Assembly Education Committee. No further action was
taken.

In 2009 and 2010, 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. In 2010, S.3294 was reported from the Education
Committee and committed to the Senate Finance committee. 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 either
year.

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 reterred 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 July 1, 2016, 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, 11 through 13 and 15-21of 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 provisions of
section 3 of this act would expire and be deemed repealed in
accordance with 305(3)(d) of the Education Law. The provisions of
section 10 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. The provisions of section 9 of this act would expire and
be deemed repealed in accordance with 1804(9)(a) of the Education Law.
The provisions of section 12 of this act would expire and be deemed
repealed in accordance with 3004-b(1) of the Education Law and the
provisions of section 15 of this act would expire and be deemed
repealed in accordance with 3035(3).

2015-S7217 (ACTIVE) - Bill Text download pdf

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

                                  7217

                            I N  S E N A T E

                              April 7, 2016
                               ___________

Introduced  by  Sen.  MARCELLINO  --  (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  and enhancing existing statutory mechanisms to expedite
  the removal of persons who commit fingerprint fraud

  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
and  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] TITLE, 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   elementary  and  secondary  schools  in  connection  with  the
submission of fingerprints that contains the specific job  title  sought
and  any  other information that may be relevant to consideration of the
applicant. The commissioner shall also establish a form for the recorda-
tion of allegations  of  child  abuse  in  an  educational  setting,  as
required pursuant to section eleven hundred twenty-six of this [chapter]
TITLE.  No  person  who has been fingerprinted pursuant to section three

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

                                                           LBD14627-01-6

S. 7217                             2

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
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

S. 7217                             3

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
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
THE  RESIDENTIAL  COMPONENT  OF  A  FACILITY, AS DEFINED IN SECTION FOUR
HUNDRED EIGHTY-EIGHT 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.  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

S. 7217                             4

NON-RESIDENTIAL  PROGRAM IF THE STUDENTS IN SUCH NON-RESIDENTIAL PROGRAM
ARE NOT CHILDREN IN A FACILITY AS DEFINED IN SECTION FOUR HUNDRED EIGHT-
Y-EIGHT OF THE SOCIAL SERVICES LAW, FOR WHOM ALLEGATIONS 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.
  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.
  (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 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, SHALL BE FING-
ERPRINTED USING ELECTRONIC SCANNING TECHNOLOGY IN A MANNER PRESCRIBED BY
THE  COMMISSIONER IN RULES AND REGULATIONS DEVELOPED IN COOPERATION WITH
THE DIVISION OF CRIMINAL JUSTICE SERVICES, WHICH SHALL INCLUDE  BUT  NOT

S. 7217                             5

BE  LIMITED  TO STANDARDS FOR THE SUBMISSION OF ELECTRONIC FINGERPRINTS,
PHOTOGRAPHS AND VERIFICATION OF THE IDENTITY OF  PROSPECTIVE  EMPLOYEES.
OUT-OF-STATE PROSPECTIVE EMPLOYEES, WHO SUBMIT FINGERPRINT CARDS AND ARE
NOT  FINGERPRINTED  ELECTRONICALLY  PURSUANT TO THE REQUIREMENTS OF THIS
PARAGRAPH SHALL BE  FINGERPRINTED  ELECTRONICALLY  PRIOR  TO  EMPLOYMENT
WITHIN  THE  STATE.  Every  set  of  fingerprints taken pursuant to this
subdivision shall be promptly submitted to the commissioner for purposes
of clearance for employment.
  S 10. 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 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  11.  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  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 12. 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

S. 7217                             6

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, SHALL BE
FINGERPRINTED   USING   ELECTRONIC   SCANNING  TECHNOLOGY  IN  A  MANNER
PRESCRIBED BY THE COMMISSIONER IN RULES  AND  REGULATIONS  DEVELOPED  IN
COOPERATION  WITH THE DIVISION OF CRIMINAL JUSTICE SERVICES, WHICH SHALL
INCLUDE BUT NOT BE LIMITED TO STANDARDS FOR THE SUBMISSION OF ELECTRONIC
FINGERPRINTS, PHOTOGRAPHS AND VERIFICATION OF THE IDENTITY  OF  PROSPEC-
TIVE  EMPLOYEES.  OUT-OF-STATE PROSPECTIVE EMPLOYEES, WHO SUBMIT FINGER-
PRINT CARDS AND ARE NOT FINGERPRINTED  ELECTRONICALLY  PURSUANT  TO  THE
REQUIREMENTS  OF  THIS  PARAGRAPH  SHALL BE FINGERPRINTED ELECTRONICALLY
PRIOR TO EMPLOYMENT WITHIN THE STATE. 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  pursu-
ant  to subdivision eight-a of section eight hundred thirty-seven of the
executive law and any fee imposed by  the  federal  bureau  of  investi-
gation.  The  commissioner shall promptly transmit such fingerprints and
fees to the division of criminal justice services for  its  full  search
and  retain  processing.  The  division  of criminal justice services is
authorized to submit the fingerprints and the  appropriate  fee  to  the
federal  bureau  of investigation for a national criminal history record
check. The division of criminal justice services and the federal  bureau
of  investigation  shall  forward  such  criminal  history record to the
commissioner in a timely manner. For the purposes of  this  section  the
term "criminal history record" shall mean a record of all convictions of
crimes  and  any pending criminal charges maintained on an individual by
the division of criminal justice services  and  the  federal  bureau  of
investigation.  In  addition,  upon  request  from  an applicant who has
applied for employment with the city school district of the city of  New
York,  the  commissioner  shall  have the authority to forward a copy of
such criminal history record to the city school district of the city  of
New  York  by  the  most  expeditious means available. Furthermore, upon
notification that such applicant is employed by the city school district
of the city of New York, the division of criminal justice services shall
have the authority to provide subsequent criminal history  notifications
directly  to  the  city  school  district  of the city of New York. Upon
request from an applicant who has already  been  cleared  for  licensure
and/or  employment  by the city school district of the city of New York,
such school district shall have the authority to forward a copy  of  the
applicant's  criminal  history  record  to the commissioner, by the most
expeditious means available, for the purposes of this section.  Further-
more,  upon  notification  that  such  applicant has been certified, the
division of criminal  justice  services  shall  have  the  authority  to
provide  subsequent  criminal  history  notifications  directly  to  the
commissioner. All such  criminal  history  records  processed  and  sent
pursuant  to  this  subdivision  shall  be  confidential pursuant to the
applicable federal and state laws, rules and regulations, and shall  not
be  published  or in any way disclosed to persons other than the commis-
sioner, 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 accu-
racy 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

S. 7217                             7

of subdivision sixteen of section two hundred ninety-six of  the  execu-
tive  law.  The commissioner shall consider such criminal history record
pursuant to article twenty-three-A of the correction law.
  S  13. Paragraph b of subdivision 2 of section 3020-a of the education
law, as amended by section 3 of subpart G of part EE of  chapter  56  of
the laws of 2015, 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.
  S 14. 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  15.  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

S. 7217                             8

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
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 16. 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

S. 7217                             9

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  FINGER-PRINTED  FOR  PURPOSES OF A CRIMINAL HISTORY
BACKGROUND CHECK PURSUANT TO SUBDIVISION (C) OF THIS SECTION;
  S 17. Section 4212 of the education law is amended  by  adding  a  new
subdivision (c) to read as follows:
  (C)  (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 18. 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 (C) OF THIS SECTION;
  S 19. Section 4314 of the education law is amended  by  adding  a  new
subdivision (c) to read as follows:
  (C)  (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

S. 7217                            10

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 20. 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 (C) OF THIS SECTION;
  S  21.  Section  4358  of the education law is amended by adding a new
subdivision (c) to read as follows:
  (C) (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. 7217                            11

  S 22. 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-TWO OF THIS SECTION;
  S  23.  Section  4403  of the education law is amended by adding a new
subdivision 22 to read as follows:
  22. 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 24. Section 4410 of the education law is amended  by  adding  a  new
subdivision 9-e to read as follows:
  9-E.  FINGERPRINTING.  A. THE COMMISSIONER SHALL REQUIRE, FOR PURPOSES
OF A CRIMINAL HISTORY RECORD CHECK, THE FINGERPRINTING OF  ALL  PROSPEC-
TIVE  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  CLEAR-
ANCE  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

S. 7217                            12

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 MUNI-
CIPALITY  OR  BOARD  PURSUANT TO PARAGRAPH C OF SUBDIVISION NINE OF THIS
SECTION. PRIOR TO INITIATING THE FINGERPRINTING  PROCESS,  THE  PROVIDER
SHALL  FURNISH ITS PROSPECTIVE EMPLOYEE WITH THE FORM DESCRIBED IN PARA-
GRAPH (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 SUBDI-
VISION  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  EMPLOY-
EES.  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  25.  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 26. This act shall take effect on July 1, 2016; provided that:
  a. the provisions of sections one, two, three, four,  eleven,  twelve,
thirteen,  fifteen,  sixteen,  seventeen, eighteen, nineteen, twenty and
twenty-one 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;

S. 7217                            13

  b.  the amendments to paragraph (d) of subdivision 30 of  section  305
of  the education law made by section three of this act shall not affect
the repeal of such paragraph and shall be deemed repealed therewith;
  c.    the amendments to subdivision 20 of section 2590-h of the educa-
tion law made by section ten of this act shall be subject to the expira-
tion and reversion of such section 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 eleven of this act shall take effect;
  d.  the  amendments to paragraph a of subdivision 9 of section 1804 of
the education law made by section nine of this act shall not affect  the
expiration of such subdivision and shall be deemed to expire therewith;
  e.  the amendments to subdivision 1 of section 3004-b of the education
law made by section twelve of this act shall not affect  the  expiration
of such subdivision and shall be deemed to expire therewith; and
  f.  the  amendments  to subdivision 3 of section 3035 of the education
law made by section fifteen of this act shall not affect the  expiration
of such subdivision and shall be deemed to expire therewith.

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Senate Bill S7217

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Archive: Last Bill Status - In Senate Committee Rules Committee

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May 23, 2016 - Education Committee Vote

Education Committee Vote: May 23, 2016

2015-S7217 (ACTIVE) - Details

2015-S7217 (ACTIVE) - Summary

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Sponsored By

Carl L. Marcellino

Archive: Last Bill Status - In Senate Committee Rules Committee

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Votes

2015-S7217 (ACTIVE) - Details

2015-S7217 (ACTIVE) - Summary

2015-S7217 (ACTIVE) - Sponsor Memo

2015-S7217 (ACTIVE) - Bill Text download pdf

Comments