Assembly Bill A2087

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2087
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 17, 2017
                                ___________
 
 Introduced by M. of A. PAULIN -- read once and referred to the Committee
   on Education
 
 AN  ACT to amend the education law, in relation to the fingerprinting of
   prospective employees
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section  1.  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.  (A)  The  commissioner  shall  submit  to the division of criminal
 justice services 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, 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 and regulations, and shall not be published or in any way  disclosed  to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.
   (B)  EACH PROSPECTIVE EMPLOYEE, INCLUDING A PERSON WHO HAS BEEN PREVI-
 OUSLY EMPLOYED BY A DIFFERENT SCHOOL  DISTRICT,  REGARDLESS  OF  WHETHER
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD06308-01-7

 A. 2087                             2
 
 SUCH  PERSON  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, OF ANY SCHOOL DISTRICT, CHARTER SCHOOL OR BOARD OF COOPERATIVE
 EDUCATIONAL SERVICES,  AND  OF  NONPUBLIC  AND  PRIVATE  ELEMENTARY  AND
 SECONDARY  SCHOOLS  PURSUANT  TO  TITLE  TWO  OF  THIS CHAPTER, SHALL BE
 REQUIRED TO SUBMIT TO A CRIMINAL HISTORY CHECK AS REQUIRED BY  PARAGRAPH
 (A) OF THIS SUBDIVISION IN ORDER TO QUALIFY FOR CLEARANCE OF EMPLOYMENT.
   §  2.  Paragraph (a) of subdivision 30 of section 305 of the education
 law, as amended by chapter 630 of the laws of 2006, is amended  to  read
 as follows:
   (a)  The  commissioner,  in  cooperation with the division of criminal
 justice services and in accordance with  all  applicable  provisions  of
 law,  shall promulgate rules and regulations to require the fingerprint-
 ing of prospective employees, as defined in section eleven hundred twen-
 ty-five of this chapter, AND INCLUDING SUCH PERSONS WHO HAVE BEEN  FING-
 ERPRINTED  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, of school districts,
 charter schools and  boards  of  cooperative  educational  services  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,  and nonpublic and private elementary and secondary schools in
 connection with the submission of fingerprints that contains the specif-
 ic 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 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 traf-
 fic law and whose fingerprints remain on file with the division of crim-
 inal  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.
   §  3.  Paragraph  a of subdivision 39 of section 1604 of the education
 law, as amended by chapter 147 of the laws of 2001, is amended  to  read
 as follows:
   a. Shall require, for purposes of a criminal history record check, the
 fingerprinting  of  all  prospective employees pursuant to section three
 thousand thirty-five of this chapter[, who do not hold  valid  clearance
 pursuant to such section or pursuant to section three thousand four-b of
 this  chapter  or section five hundred nine-cc or twelve hundred twenty-
 nine-d of the vehicle and traffic law]. Prior to initiating the  finger-
 printing  process,  the prospective employer shall furnish the applicant
 with the form described  in  paragraph  (c)  of  subdivision  thirty  of
 section  three  hundred five of this chapter and shall obtain the appli-
 cant's consent to the criminal history  records  search.  Every  set  of

 A. 2087                             3
 
 fingerprints  taken  pursuant  to  this  subdivision  shall  be promptly
 submitted to the commissioner for purposes of clearance for employment.
   §  4. Subdivision 39 of section 1604 of the education law, as added by
 chapter 180 of the laws of 2000, is amended to read as follows:
   39. 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. Every set of
 fingerprints taken  pursuant  to  this  subdivision  shall  be  promptly
 submitted to the commissioner for purposes of clearance for employment.
   §  5.  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.  Every  set  of
 fingerprints  taken  pursuant  to  this  subdivision  shall  be promptly
 submitted to the commissioner for purposes of clearance for employment.
   § 6. Subdivision 39 of section 1709 of the education law, as added  by
 chapter 180 of the laws of 2000, is amended to read as follows:
   39.  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. Every set of
 fingerprints  taken  pursuant  to  this  subdivision  shall  be promptly
 submitted to the commissioner for purposes of clearance for employment.
   § 7. 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-

 A. 2087                             4
 
 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.
   § 8. Subdivision 9 of section 1804 of the education law, as  added  by
 chapter 180 of the laws of 2000, is amended to read as follows:
   9.  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.
 Every set of fingerprints taken pursuant to this  subdivision  shall  be
 promptly  submitted  to  the  commissioner for purposes of clearance for
 employment.
   § 9. Subparagraph a of paragraph 11 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.  Every  set  of
 fingerprints  taken pursuant to this paragraph shall be promptly submit-
 ted to the commissioner for purposes of clearance for employment.
   § 10. Paragraph ll of subdivision 4 of section 1950 of  the  education
 law,  as added by chapter 180 of the laws of 2000, is amended to read as
 follows:
   ll. 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. Every set of
 fingerprints taken pursuant to this paragraph shall be promptly  submit-
 ted to the commissioner for purposes of clearance for employment.
   §  11.  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

 A. 2087                             5

 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.
   § 12. Subdivision 18 of section 2503 of the education law, as added by
 chapter 180 of the laws of 2000, is amended to read as follows:
   18. 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. Every set of
 fingerprints taken  pursuant  to  this  subdivision  shall  be  promptly
 submitted to the commissioner for purposes of clearance for employment.
   §  13.  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.
   § 14. Subdivision 25 of section 2554 of the education law, as  amended
 by  section  4  of chapter 91 of the laws of 2002, is amended to read as
 follows:
   25. 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. Every set of
 fingerprints taken  pursuant  to  this  subdivision  shall  be  promptly
 submitted to the commissioner for purposes of clearance for employment.
   § 15. Subdivision 25 of section 2554 of the education law, as added by
 chapter 180 of the laws of 2000, is amended to read as follows:

 A. 2087                             6
 
   25.  Shall  require,  for purposes of a criminal history record check,
 except in the city school district of the city of New York, the  finger-
 printing 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. Every  set  of  fingerprints  taken
 pursuant  to this subdivision shall be promptly submitted to the commis-
 sioner for purposes of clearance for employment.
   § 16. 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. Every set of fingerprints taken pursuant to this
 paragraph  shall  be promptly submitted to the commissioner for purposes
 of clearance for employment.
   § 17. Paragraph (a-2) of subdivision 3 of section 2854 of  the  educa-
 tion  law,  as  added  by chapter 180 of the laws of 2000, is amended to
 read as follows:
   (a-2) 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. Every set of fingerprints taken pursuant to this
 paragraph  shall  be promptly submitted to the commissioner for purposes
 of clearance for employment.
   § 18. Subdivision 2 of section 3001-d of the education law,  as  added
 by chapter 630 of the laws of 2006, is amended to read as follows:
   2.  Any  nonpublic  or  private  elementary  or  secondary  school may
 require, for the purposes of a criminal history record check, the  fing-
 erprinting  of all prospective employees pursuant to section three thou-
 sand thirty-five of this article[,  who  do  not  hold  valid  clearance
 pursuant to such section or pursuant to section three thousand four-b of
 this  article  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

 A. 2087                             7
 
 section  three  hundred five of this chapter and shall obtain the appli-
 cant's consent to the criminal history record search. Every set of fing-
 erprints taken pursuant to this section shall be promptly  submitted  to
 the commissioner for the purposes of clearance for employment.
   § 19. This act shall take effect immediately, provided that:
   (a)  the amendments to subdivision 39 of section 1604 of the education
 law made by section three of this act shall be subject to the expiration
 and reversion of such subdivision pursuant to section 12 of chapter  147
 of  the  laws of 2001, as amended, when upon such date the provisions of
 section four of this act shall take effect;
   (b) the amendments to subdivision 39 of section 1709 of the  education
 law  made by section five of this act shall be subject to the expiration
 and reversion of such subdivision pursuant to section 12 of chapter  147
 of  the  laws of 2001, as amended, when upon such date the provisions of
 section six of this act shall take effect;
   (c) the amendments to subdivision 9 of section 1804 of  the  education
 law made by section seven of this act shall be subject to the expiration
 and  reversion of such subdivision pursuant to section 12 of chapter 147
 of the laws of 2001, as amended, when upon such date the  provisions  of
 section eight of this act shall take effect;
   (d)  the  amendments to subdivision 4 of section 1950 of the education
 law made by section nine of this act shall be subject to the  expiration
 and  reversion of such subdivision pursuant to section 12 of chapter 147
 of the laws of 2001, as amended, when upon such date the  provisions  of
 section ten of this act shall take effect;
   (e)  the amendments to subdivision 18 of section 2503 of the education
 law made by section eleven of this act shall be subject to  the  expira-
 tion and reversion of such subdivision pursuant to section 12 of chapter
 147  of the laws of 2001, as amended, when upon such date the provisions
 of section twelve of this act shall take effect;
   (f) the amendments to subdivision 25 of section 2554 of the  education
 law made by section thirteen of this act shall be subject to the expira-
 tion and reversion of such subdivision pursuant to section 12 of chapter
 147  of the laws of 2001, as amended, when upon such date the provisions
 of section fourteen of this act shall take effect;
   (g) the amendments to subdivision 25 of section 2554 of the  education
 law made by section fourteen of this act shall be subject to the expira-
 tion and reversion of such subdivision pursuant to section 34 of chapter
 91  of  the laws of 2002, as amended, when upon such date the provisions
 of section fifteen of this act shall take effect; and
   (h) the amendments to subdivision 3 of section 2854 of  the  education
 law  made by section sixteen of this act shall be subject to the expira-
 tion and reversion of such subdivision pursuant to section 12 of chapter
 147 of the laws of 2001, as amended, when upon such date the  provisions
 of section seventeen of this act shall take effect.