S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6931
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 24, 2017
                                ___________
 
 Introduced  by M. of A. NOLAN -- read once and referred to the Committee
   on Education
 
 AN ACT to amend the education law, in relation to requiring the  finger-
   printing  of  prospective employees of approved private special educa-
   tion schools, phasing-in a requirement that all fingerprints submitted
   by prospective employees and applicants for certification be electron-
   ically submitted, strengthening identification verification  practices
   for  the  purpose  of  conducting  criminal  history record checks and
   enhancing existing statutory mechanisms to  expedite  the  removal  of
   persons who commit fingerprint fraud, to amend chapter 147 of the laws
   of  2001,  amending the education law relating to conditional appoint-
   ment of  school  district,  charter  school  or  BOCES  employees,  in
   relation  to  making  permanent  certain provisions relating to condi-
   tional clearances for employment, and to amend chapter 91 of the  laws
   of  2002,  amending  the  education law and other laws relating to the
   reorganization of the New York  city  school  construction  authority,
   board  of  education,  and community boards, in relation to the effec-
   tiveness thereof; and to repeal section 4 of chapter 91 of the laws of
   2002, amending the education law and other laws relating to the  reor-
   ganization  of  the New York city school construction authority, board
   of education, and community boards, relating thereto
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Paragraphs (a) and (b) of subdivision 30 of section 305 of
 the education law, paragraph (a) and the opening paragraph and  subpara-
 graph  (i)  of  paragraph  (b)  as amended by chapter 630 of the laws of
 2006, paragraph (b) as added by chapter 180 of the  laws  of  2000,  are
 amended to read as follows:
   (a)  The  commissioner,  in  cooperation with the division of criminal
 justice services and in accordance with  all  applicable  provisions  of
 law,  shall promulgate rules and regulations to require the fingerprint-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD10319-01-7

 A. 6931                             2
 
 ing of prospective employees, as defined in section eleven hundred twen-
 ty-five of this chapter, of school districts, charter schools and boards
 of cooperative educational services, AND SPECIAL EDUCATION SCHOOLS,  and
 authorizing the fingerprinting of prospective employees of nonpublic and
 private elementary and secondary schools, and for the use of information
 derived from searches of the records of the division of criminal justice
 services  and  the  federal  bureau of investigation based on the use of
 such fingerprints. The commissioner shall also develop a form for use by
 school districts, charter schools,  boards  of  cooperative  educational
 services, SPECIAL EDUCATION SCHOOLS, and nonpublic and private elementa-
 ry  and  secondary  schools in connection with the submission of finger-
 prints that contains the specific job title sought and any other  infor-
 mation   that  may  be  relevant  to  consideration  of  the  applicant.
 PROSPECTIVE EMPLOYEES, INCLUDING OUT-OF-STATE APPLICANTS, 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
 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. THE PROSPECTIVE EMPLOYEE SHALL SIGN AN ATTESTATION, ON
 A FORM PRESCRIBED BY THE COMMISSIONER, ATTESTING THAT: AT  THE  TIME  OF
 FINGERPRINTING,  HE OR SHE PRESENTED TWO FORMS OF PROPER IDENTIFICATION,
 WITH AT LEAST ONE PROVIDING A PHOTOGRAPH; AND HE OR SHE SUBMITTED HIS OR
 HER OWN FINGERPRINTS IN SUPPORT OF THE CRIMINAL HISTORY BACKGROUND CHECK
 PROVIDED FOR IN THIS SECTION.  THIS ATTESTATION SHALL BE RETAINED BY THE
 DEPARTMENT AS A BUSINESS RECORD AS DEFINED IN SUBDIVISION TWO OF SECTION
 175.00 OF THE PENAL LAW IN A MANNER PRESCRIBED  IN  REGULATIONS  OF  THE
 COMMISSIONER.  The  commissioner  shall  also  establish  a form for the
 recordation of allegations of child abuse in an educational setting,  as
 required  pursuant to section eleven hundred twenty-six of this chapter.
 No person who has been fingerprinted pursuant to section three  thousand
 four-b  of  this  chapter or pursuant to section five hundred nine-cc or
 twelve hundred twenty-nine-d of the vehicle and traffic  law  and  whose
 fingerprints  remain  on  file  with  the  division  of criminal justice
 services shall be required to undergo fingerprinting for purposes  of  a
 new  criminal  history  record check. This subdivision and the rules and
 regulations promulgated pursuant thereto shall not  apply  to  a  school
 district  within  a city with a population of one million or more, OR TO
 SPECIAL EDUCATION SCHOOLS LOCATED WITHIN SUCH CITY.
   (b) The commissioner, in cooperation with  the  division  of  criminal
 justice  services,  shall  promulgate  a form to be provided to all such
 prospective employees of school districts, charter  schools,  boards  of
 cooperative  educational services, SPECIAL EDUCATION SCHOOLS and nonpub-
 lic and private elementary and secondary schools that elect  to  finger-
 print and seek clearance for prospective employees that shall:
   (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;

 A. 6931                             3
 
   (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.
   §  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
   §  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.
   § 4. Subdivision 30 of section 305 of the education law is amended  by
 adding a new paragraph (f) to read as follows:
   (F)  AS USED IN THIS SECTION AND SECTION THREE THOUSAND THIRTY-FIVE OF
 THIS CHAPTER, "SPECIAL EDUCATION SCHOOL" SHALL MEAN A STATE SCHOOL OPER-
 ATED PURSUANT TO ARTICLE EIGHTY-SEVEN OR EIGHTY-EIGHT OF THIS CHAPTER, A
 STATE-SUPPORTED SCHOOL OPERATED PURSUANT TO ARTICLE EIGHTY-FIVE OF  THIS
 CHAPTER,  AN  APPROVED PRIVATE NON-RESIDENTIAL OR RESIDENTIAL SCHOOL FOR
 THE EDUCATION OF STUDENTS WITH DISABILITIES THAT IS LOCATED  WITHIN  THE
 STATE,  OR  AN APPROVED PROVIDER OF PRESCHOOL SPECIAL EDUCATION SERVICES
 OR PROGRAMS THAT IS LOCATED WITHIN THE STATE; PROVIDED  THAT  SUCH  TERM
 SHALL  NOT APPLY TO A SCHOOL OR FACILITY OPERATED OR LICENSED BY A STATE
 AGENCY OTHER THAN THE DEPARTMENT, UNLESS SUCH SCHOOL OR FACILITY IS ALSO
 AN APPROVED PRIVATE SCHOOL FOR STUDENTS WITH DISABILITIES OR AN APPROVED
 PROVIDER UNDER SECTION FORTY-FOUR HUNDRED TEN OF THIS CHAPTER.
   § 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,

 A. 6931                             4
 
 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
 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.
   § 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

 A. 6931                             5
 
 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.
   § 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.
   § 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.
   §  9.  Paragraph  a of subdivision 39 of section 1604 of the education
 law, as amended by chapter 147 of the laws of 2001, is amended  to  read
 as follows:
   a. Shall require, for purposes of a criminal history record check, the
 fingerprinting  of  all  prospective employees pursuant to section three
 thousand thirty-five of this chapter, who do not  hold  valid  clearance
 pursuant to such section or pursuant to section three thousand four-b of
 this  chapter  or section five hundred nine-cc or twelve hundred twenty-
 nine-d of the vehicle and traffic law. Prior to initiating  the  finger-
 printing  process,  the prospective employer shall furnish the applicant
 with the form described  in  paragraph  (c)  of  subdivision  thirty  of
 section  three  hundred five of this chapter and shall obtain the appli-
 cant's consent to the criminal  history  records  search.    PROSPECTIVE
 EMPLOYEES,  INCLUDING  OUT-OF-STATE  APPLICANTS,  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  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. THE PROSPECTIVE EMPLOYEE SHALL SIGN AN ATTESTATION, ON
 A  FORM  PRESCRIBED  BY THE COMMISSIONER, ATTESTING THAT: AT THE TIME OF
 FINGERPRINTING, HE OR SHE PRESENTED TWO FORMS OF PROPER  IDENTIFICATION,
 WITH AT LEAST ONE PROVIDING A PHOTOGRAPH; AND HE OR SHE SUBMITTED HIS OR
 HER OWN FINGERPRINTS IN SUPPORT OF THE CRIMINAL HISTORY BACKGROUND CHECK
 PROVIDED  FOR IN THIS SECTION. THIS ATTESTATION SHALL BE RETAINED BY THE
 DEPARTMENT AS A BUSINESS RECORD AS DEFINED IN SUBDIVISION TWO OF SECTION
 175.00 OF THE PENAL LAW IN A MANNER PRESCRIBED  IN  REGULATIONS  OF  THE
 COMMISSIONER.  Every set of fingerprints taken pursuant to this subdivi-
 sion shall be promptly submitted to the  commissioner  for  purposes  of
 clearance for employment.
   §  10.  Paragraph a of subdivision 39 of section 1709 of the education
 law, as amended by chapter 147 of the laws of 2001, is amended  to  read
 as follows:

 A. 6931                             6
 
   a. Shall require, for purposes of a criminal history record check, the
 fingerprinting  of  all  prospective employees pursuant to section three
 thousand thirty-five of this chapter, who do not  hold  valid  clearance
 pursuant to such section or pursuant to section three thousand four-b of
 this  chapter  or section five hundred nine-cc or twelve hundred twenty-
 nine-d of the vehicle and traffic law. Prior to initiating  the  finger-
 printing  process,  the prospective employer shall furnish the applicant
 with the form described  in  paragraph  (c)  of  subdivision  thirty  of
 section  three  hundred five of this chapter and shall obtain the appli-
 cant's consent to the criminal  history  records  search.    PROSPECTIVE
 EMPLOYEES,  INCLUDING  OUT-OF-STATE  APPLICANTS,  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  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. THE PROSPECTIVE EMPLOYEE SHALL SIGN AN ATTESTATION, ON
 A  FORM  PRESCRIBED  BY THE COMMISSIONER, ATTESTING THAT: AT THE TIME OF
 FINGERPRINTING, HE OR SHE PRESENTED TWO FORMS OF PROPER  IDENTIFICATION,
 WITH AT LEAST ONE PROVIDING A PHOTOGRAPH; AND HE OR SHE SUBMITTED HIS OR
 HER OWN FINGERPRINTS IN SUPPORT OF THE CRIMINAL HISTORY BACKGROUND CHECK
 PROVIDED  FOR IN THIS SECTION. THIS ATTESTATION SHALL BE RETAINED BY THE
 DEPARTMENT AS A BUSINESS RECORD AS DEFINED IN SUBDIVISION TWO OF SECTION
 175.00 OF THE PENAL LAW IN A MANNER PRESCRIBED  IN  REGULATIONS  OF  THE
 COMMISSIONER.  Every set of fingerprints taken pursuant to this subdivi-
 sion shall be promptly submitted to the  commissioner  for  purposes  of
 clearance for employment.
   §  11.  Paragraph  a of subdivision 9 of section 1804 of the education
 law, as amended by chapter 147 of the laws of 2001, is amended  to  read
 as follows:
   a.  The  board  of education shall, for purposes of a criminal history
 record check, require the fingerprinting of  all  prospective  employees
 pursuant  to  section three thousand thirty-five of this chapter, who do
 not hold valid clearance pursuant to such section or pursuant to section
 three thousand four-b of this chapter or section five hundred nine-cc or
 twelve hundred twenty-nine-d of the vehicle and traffic  law.  Prior  to
 initiating  the  fingerprinting  process, the prospective employer shall
 furnish the applicant with the form described in paragraph (c) of subdi-
 vision thirty of section three hundred five of this  chapter  and  shall
 obtain  the  applicant's consent to the criminal history records search.
 PROSPECTIVE EMPLOYEES, INCLUDING OUT-OF-STATE APPLICANTS, 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
 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. THE PROSPECTIVE EMPLOYEE SHALL SIGN AN ATTESTATION, ON
 A FORM PRESCRIBED BY THE COMMISSIONER, ATTESTING THAT: AT  THE  TIME  OF
 FINGERPRINTING,  HE OR SHE PRESENTED TWO FORMS OF PROPER IDENTIFICATION,
 WITH AT LEAST ONE PROVIDING A PHOTOGRAPH; AND HE OR SHE SUBMITTED HIS OR

 A. 6931                             7
 
 HER OWN FINGERPRINTS IN SUPPORT OF THE CRIMINAL HISTORY BACKGROUND CHECK
 PROVIDED FOR IN THIS SECTION. THIS ATTESTATION SHALL BE RETAINED BY  THE
 DEPARTMENT AS A BUSINESS RECORD AS DEFINED IN SUBDIVISION TWO OF SECTION
 175.00  OF  THE  PENAL  LAW IN A MANNER PRESCRIBED IN REGULATIONS OF THE
 COMMISSIONER. Every set of fingerprints taken pursuant to this  subdivi-
 sion  shall  be  promptly  submitted to the commissioner for purposes of
 clearance for employment.
   § 12. Subparagraph 4 of paragraph h of subdivision 4 of  section  1950
 of  the  education law, as amended by chapter 17 of the laws of 2011, is
 amended to read as follows:
   (4) To enter into contracts with nonpublic  schools  to  provide  data
 processing services for pupil personnel records and other administrative
 records  of  the  nonpublic  schools [and the processing of fingerprints
 utilized in criminal history record checks for those  nonpublic  schools
 that  elect  to  require such criminal history record checks pursuant to
 paragraph (a) of subdivision thirty of section  three  hundred  five  of
 this chapter].
   §  13. Subparagraph a of paragraph ll of subdivision 4 of section 1950
 of the education law, as amended by chapter 147 of the laws of 2001,  is
 amended to read as follows:
   a. Shall require, for purposes of a criminal history record check, the
 fingerprinting  of  all  prospective employees pursuant to section three
 thousand thirty-five of this chapter, who do not  hold  valid  clearance
 pursuant to such section or pursuant to section three thousand four-b of
 this  chapter  or section five hundred nine-cc or twelve hundred twenty-
 nine-d of the vehicle and traffic law. Prior to initiating  the  finger-
 printing  process,  the prospective employer shall furnish the applicant
 with the form described  in  paragraph  (c)  of  subdivision  thirty  of
 section  three  hundred five of this chapter and shall obtain the appli-
 cant's consent to the criminal  history  records  search.    PROSPECTIVE
 EMPLOYEES,  INCLUDING  OUT-OF-STATE  APPLICANTS,  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  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. THE PROSPECTIVE EMPLOYEE SHALL SIGN AN ATTESTATION, ON
 A  FORM  PRESCRIBED  BY THE COMMISSIONER, ATTESTING THAT: AT THE TIME OF
 FINGERPRINTING, HE OR SHE PRESENTED TWO FORMS OF PROPER  IDENTIFICATION,
 WITH AT LEAST ONE PROVIDING A PHOTOGRAPH; AND HE OR SHE SUBMITTED HIS OR
 HER OWN FINGERPRINTS IN SUPPORT OF THE CRIMINAL HISTORY BACKGROUND CHECK
 PROVIDED  FOR IN THIS SECTION. THIS ATTESTATION SHALL BE RETAINED BY THE
 DEPARTMENT AS A BUSINESS RECORD AS DEFINED IN SUBDIVISION TWO OF SECTION
 175.00 OF THE PENAL LAW IN A MANNER PRESCRIBED  IN  REGULATIONS  OF  THE
 COMMISSIONER. Every set of fingerprints taken pursuant to this paragraph
 shall  be  promptly submitted to the commissioner for purposes of clear-
 ance for employment.
   § 14. Paragraph a of subdivision 18 of section 2503 of  the  education
 law,  as  amended by chapter 147 of the laws of 2001, is amended to read
 as follows:
   a. Shall require, for purposes of a criminal history record check, the
 fingerprinting of all prospective employees pursuant  to  section  three
 thousand  thirty-five  of  this chapter, who do not hold valid clearance

 A. 6931                             8
 
 pursuant to such section or pursuant to section three thousand four-b of
 this chapter or section five hundred nine-cc or twelve  hundred  twenty-
 nine-d  of  the vehicle and traffic law. Prior to initiating the finger-
 printing  process,  the prospective employer shall furnish the applicant
 with the form described  in  paragraph  (c)  of  subdivision  thirty  of
 section  three  hundred five of this chapter and shall obtain the appli-
 cant's consent to the criminal  history  records  search.    PROSPECTIVE
 EMPLOYEES,  INCLUDING  OUT-OF-STATE  APPLICANTS,  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  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. THE PROSPECTIVE EMPLOYEE SHALL SIGN AN ATTESTATION, ON
 A  FORM  PRESCRIBED  BY THE COMMISSIONER, ATTESTING THAT: AT THE TIME OF
 FINGERPRINTING, HE OR SHE PRESENTED TWO FORMS OF PROPER  IDENTIFICATION,
 WITH AT LEAST ONE PROVIDING A PHOTOGRAPH; AND HE OR SHE SUBMITTED HIS OR
 HER OWN FINGERPRINTS IN SUPPORT OF THE CRIMINAL HISTORY BACKGROUND CHECK
 PROVIDED  FOR IN THIS SECTION. THIS ATTESTATION SHALL BE RETAINED BY THE
 DEPARTMENT AS A BUSINESS RECORD AS DEFINED IN SUBDIVISION TWO OF SECTION
 175.00 OF THE PENAL LAW IN A MANNER PRESCRIBED  IN  REGULATIONS  OF  THE
 COMMISSIONER.  Every set of fingerprints taken pursuant to this subdivi-
 sion shall be promptly submitted to the  commissioner  for  purposes  of
 clearance for employment.
   §  15.  Paragraph a of subdivision 25 of section 2554 of the education
 law, as amended by section 2 of chapter 91  of  the  laws  of  2002,  is
 amended to read as follows:
   a. Shall require, for purposes of a criminal history record check, the
 fingerprinting  of  all  prospective employees pursuant to section three
 thousand thirty-five of this chapter, who do not  hold  valid  clearance
 pursuant to such section or pursuant to section three thousand four-b of
 this  chapter  or section five hundred nine-cc or twelve hundred twenty-
 nine-d of the vehicle and traffic law. Prior to initiating  the  finger-
 printing  process,  the prospective employer shall furnish the applicant
 with the form described  in  paragraph  (c)  of  subdivision  thirty  of
 section  three  hundred five of this chapter and shall obtain the appli-
 cant's consent to the criminal  history  records  search.    PROSPECTIVE
 EMPLOYEES,  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  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. THE PROSPECTIVE EMPLOYEE SHALL SIGN AN ATTESTATION, ON
 A  FORM  PRESCRIBED  BY THE COMMISSIONER, ATTESTING THAT: AT THE TIME OF
 FINGERPRINTING, HE OR SHE PRESENTED TWO FORMS OF PROPER  IDENTIFICATION,
 WITH AT LEAST ONE PROVIDING A PHOTOGRAPH; AND HE OR SHE SUBMITTED HIS OR
 HER OWN FINGERPRINTS IN SUPPORT OF THE CRIMINAL HISTORY BACKGROUND CHECK
 PROVIDED  FOR IN THIS SECTION. THIS ATTESTATION SHALL BE RETAINED BY THE
 DEPARTMENT AS A BUSINESS RECORD AS DEFINED IN SUBDIVISION TWO OF SECTION

 A. 6931                             9
 
 175.00 OF THE PENAL LAW IN A MANNER PRESCRIBED  IN  REGULATIONS  OF  THE
 COMMISSIONER.  Every set of fingerprints taken pursuant to this subdivi-
 sion shall be promptly submitted to the  commissioner  for  purposes  of
 clearance for employment.
   §  16.  Subdivision  20  of  section  2590-h  of the education law, as
 amended by chapter 345 of the laws  of  2009,  is  amended  to  read  as
 follows:
   20.  Ensure compliance with qualifications established for all person-
 nel employed in the city district, including the taking of  fingerprints
 as a prerequisite for licensure and/or employment of such personnel AND,
 THE  TAKING  OF  FINGERPRINTS  AS  A  PREREQUISITE  FOR LICENSURE AND/OR
 EMPLOYMENT OF PERSONNEL EMPLOYED BY  A  SPECIAL  EDUCATION  SCHOOL  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.
   § 16-a. Subdivision 20 of section 2590-h  of  the  education  law,  as
 amended  by  chapter  100  of  the  laws  of 2003, is amended to read as
 follows:
   20. Ensure compliance with qualifications established for all  person-
 nel  employed in the city district, including the taking of fingerprints
 as a prerequisite for licensure and/or employment of such personnel AND,
 THE TAKING OF  FINGERPRINTS  AS  A  PREREQUISITE  FOR  LICENSURE  AND/OR
 EMPLOYMENT  OF  PERSONNEL  EMPLOYED  BY  A SPECIAL EDUCATION SCHOOL 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.
   §  17. Subparagraph (i) of paragraph (a-2) of subdivision 3 of section
 2854 of the education law, as amended by chapter  147  of  the  laws  of
 2001, is amended to read as follows:
   (i)  The  board  of  trustees  of  a charter school shall require, for
 purposes of a criminal history record check, the fingerprinting  of  all
 prospective  employees pursuant to section three thousand thirty-five of
 this chapter, who do not hold valid clearance pursuant to  such  section
 or  pursuant to section three thousand four-b of this chapter or section
 five hundred nine-cc or twelve hundred twenty-nine-d of the vehicle  and
 traffic  law.  Prior  to  initiating  the  fingerprinting  process,  the
 prospective employer shall furnish the applicant with the form described
 in paragraph (c) of subdivision thirty of section three hundred five  of
 this  chapter  and  shall obtain the applicant's consent to the criminal
 history records search.  PROSPECTIVE EMPLOYEES,  INCLUDING  OUT-OF-STATE
 APPLICANTS,  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 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.  THE PROSPECTIVE EMPLOYEE SHALL
 SIGN AN ATTESTATION, ON A FORM PRESCRIBED BY THE COMMISSIONER, ATTESTING

 A. 6931                            10
 
 THAT: AT THE TIME OF FINGERPRINTING, HE OR SHE PRESENTED  TWO  FORMS  OF
 PROPER  IDENTIFICATION, WITH AT LEAST ONE PROVIDING A PHOTOGRAPH; AND HE
 OR SHE SUBMITTED HIS OR HER OWN FINGERPRINTS IN SUPPORT OF THE  CRIMINAL
 HISTORY  BACKGROUND CHECK PROVIDED FOR IN THIS SECTION. THIS ATTESTATION
 SHALL BE RETAINED BY THE DEPARTMENT AS A BUSINESS RECORD AS  DEFINED  IN
 SUBDIVISION  TWO  OF  SECTION  175.00  OF  THE  PENAL  LAW  IN  A MANNER
 PRESCRIBED IN REGULATIONS OF THE COMMISSIONER. Every set of fingerprints
 taken pursuant to this paragraph shall  be  promptly  submitted  to  the
 commissioner for purposes of clearance for employment.
   §  18.  Subdivision 1 of section 3004-b of the education law, as sepa-
 rately amended by chapters 147 and 380 of the laws of 2001,  is  amended
 to read as follows:
   1. Criminal history records search. Upon receipt of an application for
 certification  as a superintendent of schools, teacher, administrator or
 supervisor, teaching assistant or school personnel required  to  hold  a
 teaching  or  administrative  license  or  certificate, the commissioner
 shall, subject to the rules and regulations of the division of  criminal
 justice  services,  initiate  a  criminal  history records search of the
 person making application, except that nothing in this section shall  be
 construed  to  require  a criminal history record check of an individual
 who holds a valid provisional certificate on the effective date of  this
 section  and applies for permanent certification in the same certificate
 title, or of an individual who applies for a temporary license to  serve
 in the city school district of the city of New York and has been cleared
 for licensure and/or employment by such city school district pursuant to
 subdivision twenty of section twenty-five hundred ninety-h of this chap-
 ter.  Prior  to  initiating the fingerprinting process, the commissioner
 shall furnish the applicant with the form described in paragraph (c)  of
 subdivision  thirty  of  section  three hundred five of this chapter and
 shall obtain the applicant's consent to  the  criminal  history  records
 search.    APPLICANTS  FOR CERTIFICATION, WHO ARE REQUIRED TO BE FINGER-
 PRINTED UNDER THIS SECTION, INCLUDING OUT-OF-STATE APPLICANTS, 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  PROSPECTIVE  EMPLOYEE  SHALL
 SIGN AN ATTESTATION, ON A FORM PRESCRIBED BY THE COMMISSIONER, ATTESTING
 THAT:  AT  THE  TIME OF FINGERPRINTING, HE OR SHE PRESENTED TWO FORMS OF
 PROPER IDENTIFICATION, WITH AT LEAST ONE PROVIDING A PHOTOGRAPH; AND  HE
 OR  SHE SUBMITTED HIS OR HER OWN FINGERPRINTS IN SUPPORT OF THE CRIMINAL
 HISTORY BACKGROUND CHECK PROVIDED FOR IN THIS SECTION.  THIS ATTESTATION
 SHALL BE RETAINED BY THE DEPARTMENT AS A BUSINESS RECORD AS  DEFINED  IN
 SUBDIVISION  TWO  OF  SECTION  175.00  OF  THE  PENAL  LAW  IN  A MANNER
 PRESCRIBED IN REGULATIONS OF THE COMMISSIONER.  The  commissioner  shall
 obtain  from  each  applicant  ONE  SET, OR WHERE NECESSARY, two sets of
 fingerprints and the division of criminal  justice  services  processing
 fee  imposed  pursuant  to  subdivision eight-a of section eight hundred
 thirty-seven of the executive law and any fee  imposed  by  the  federal
 bureau  of  investigation. The commissioner shall promptly transmit such
 fingerprints and fees to the division of criminal justice  services  for
 its  full search and retain processing. The division of criminal justice

 A. 6931                            11
 
 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
 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.
   §  19. 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.
   § 20. Subdivision 1 of section 3035 of the education law,  as  amended
 by chapter 630 of the laws of 2006, is amended to read as follows:

 A. 6931                            12
 
   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.
   §  21.  Subdivisions  3  and 3-a of section 3035 of the education law,
 subdivision 3 as amended by section 7 of chapter  630  of  the  laws  of
 2006,  and  subdivision 3-a as added by chapter 380 of the laws of 2001,
 are amended to read as follows:
   3. (a) Clearance. After receipt of a criminal history record from  the
 division of criminal justice services and the federal bureau of investi-
 gation  the  commissioner  shall  promptly notify the appropriate school
 district, charter school, board  of  cooperative  educational  services,
 [or]  nonpublic  or  private  elementary or secondary school, OR SPECIAL
 EDUCATION SCHOOL whether the prospective employee to which  such  report
 relates  is cleared for employment based upon his or her criminal histo-
 ry. All determinations to grant or deny clearance for employment  pursu-
 ant  to this paragraph shall be performed in accordance with subdivision
 sixteen of section two hundred ninety-six of the executive law and arti-
 cle twenty-three-A of the correction law. When the commissioner denies a
 prospective employee clearance for employment, such prospective employee
 shall be afforded notice and the right to be heard and  offer  proof  in
 opposition  to  such determination in accordance with the regulations of
 the commissioner, PROVIDED THAT IN THE CASE OF PROSPECTIVE EMPLOYEES  OF
 STATE  SCHOOLS  PURSUANT TO ARTICLE EIGHTY-SEVEN OR EIGHTY-EIGHT OF THIS
 CHAPTER THE DUE  PROCESS  PROCEDURES  ESTABLISHED  BY  THE  COMMISSIONER
 PURSUANT TO SECTION FIFTY OF THE CIVIL SERVICE LAW SHALL APPLY.
   (b)  Conditional  clearance.  When the commissioner receives a request
 for a determination  on  the  conditional  clearance  of  a  prospective
 employee,  the  commissioner, after receipt of a criminal history record
 from the division of criminal justice services,  shall  promptly  notify
 the  prospective  employee  and the appropriate school district, charter
 school, board of cooperative educational  services,  [or]  nonpublic  or
 private  elementary or secondary school OR SPECIAL EDUCATION SCHOOL that
 the prospective employee to which such report relates  is  conditionally
 cleared  for  employment  based upon his or her criminal history or that

 A. 6931                            13
 
 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.
   §  22.  Paragraph (i) of subdivision (a) of section 4212 of the educa-
 tion law, as amended by section 1-a of part E of chapter 501 of the laws
 of 2012, is amended to read as follows:
   (i) consistent with appropriate collective bargaining  agreements  and
 applicable  provisions  of  the civil service law, the review and evalu-
 ation of the backgrounds of and the information supplied by  any  person
 applying  to  be  an  employee,  a  volunteer or consultant, which shall
 include but not be limited  to  the  following  requirements:  that  the
 applicant  set forth his or her employment history, provide personal and
 employment references, and relevant experiential and educational  infor-
 mation,  [and]  sign a sworn statement indicating whether the applicant,
 to the best of his or her knowledge, has ever been convicted of a  crime
 in  this  state or any other jurisdiction AND, IN THE CASE OF A PROSPEC-
 TIVE EMPLOYEE, BE FINGERPRINTED FOR PURPOSES OF A CRIMINAL HISTORY BACK-
 GROUND CHECK PURSUANT TO SUBDIVISION (C) OF THIS SECTION;
   § 23. 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

 A. 6931                            14
 
 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.
   § 24. Paragraph (i) of subdivision (a) of section 4314 of  the  educa-
 tion  law,  as amended by section 2 of part E of chapter 501 of the laws
 of 2012, is amended to read as follows:
   (i) consistent with appropriate collective agreements  and  applicable
 provisions  of  the  civil service law, the review and evaluation of the
 backgrounds of and the information supplied by any person applying to be
 an employee, a volunteer or consultant, which shall include but  not  be
 limited  to the following requirements: that the applicant set forth his
 or her employment history, provide personal and  employment  references,
 and  relevant experiential and educational information, and sign a sworn
 statement indicating whether the applicant, to the best of  his  or  her
 knowledge, has ever been convicted of a crime in this state or any other
 jurisdiction AND, IN THE CASE OF A PROSPECTIVE EMPLOYEE, BE FINGERPRINT-
 ED  FOR  PURPOSES  OF  A  CRIMINAL  HISTORY BACKGROUND CHECK PURSUANT TO
 SUBDIVISION (C) OF THIS SECTION;
   § 25. 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
 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.

 A. 6931                            15
 
   § 26. Paragraph (i) of subdivision (a) of section 4358 of  the  educa-
 tion  law,  as amended by section 3 of part E of chapter 501 of the laws
 of 2012, is amended to read as follows:
   (i)  consistent  with appropriate collective bargaining agreements and
 applicable provisions of the civil service law, the  review  and  evalu-
 ation  of  the backgrounds of and the information supplied by any person
 applying to be an employee,  a  volunteer  or  consultant,  which  shall
 include  but  not  be  limited  to  the following requirements: that the
 applicant set forth his or her employment history, provide personal  and
 employment references and relevant experiential and educational informa-
 tion,  and  sign  a sworn statement indicating whether the applicant, to
 the best of his or her knowledge, has ever been convicted of a crime  in
 this  state  or any other jurisdiction AND, IN THE CASE OF A PROSPECTIVE
 EMPLOYEE, BE FINGERPRINTED FOR PURPOSES OF A CRIMINAL HISTORY BACKGROUND
 CHECK PURSUANT TO SUBDIVISION (C) OF THIS SECTION;
   § 27. 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.
   § 28. Paragraph (a) of subdivision 11 of section 4403 of the education
 law, as amended by section 4 of part E of chapter 501  of  the  laws  of
 2012, is amended to read as follows:
   (a)  consistent  with appropriate collective bargaining agreements and
 applicable provisions of the civil service law, the  review  and  evalu-
 ation  of  the backgrounds of and the information supplied by any person
 applying to be an employee,  a  volunteer  or  consultant,  which  shall
 include  but  not  be  limited  to  the following requirements: that the
 applicant set forth his or her employment history, provide personal  and
 employment  references, and relevant experiential and educational quali-
 fications and, sign a sworn statement indicating whether the  applicant,
 to  the  best of his or her knowledge has ever been convicted of a crime
 in this state or any other jurisdiction AND, IN THE CASE OF  A  PROSPEC-
 TIVE EMPLOYEE, BE FINGERPRINTED FOR PURPOSES OF A CRIMINAL HISTORY BACK-
 GROUND CHECK PURSUANT TO SUBDIVISION TWENTY-TWO OF THIS SECTION;
   §  29.  Section  4403  of the education law is amended by adding a new
 subdivision 22 to read as follows:

 A. 6931                            16
 
   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.
   § 30. Section 4410 of the education law is amended  by  adding  a  new
 subdivision 9-e to read as follows:
   9-E.   PROSPECTIVE EMPLOYEE FINGERPRINTING.  A. THE COMMISSIONER SHALL
 REQUIRE, FOR PURPOSES OF A CRIMINAL HISTORY RECORD  CHECK,  THE  FINGER-
 PRINTING  OF  ALL PROSPECTIVE EMPLOYEES OF APPROVED PROVIDERS OF SPECIAL
 SERVICES OR PROGRAMS THAT ARE  LOCATED  WITHIN  THE  STATE  PURSUANT  TO
 SUBDIVISION THIRTY OF SECTION THREE HUNDRED FIVE AND SECTION THREE THOU-
 SAND  THIRTY-FIVE OF THIS CHAPTER, EXCEPT WHERE SUCH PROSPECTIVE EMPLOY-
 EES HOLD VALID CLEARANCE PURSUANT TO SECTION THREE THOUSAND  THIRTY-FIVE
 OR THREE THOUSAND FOUR-B OF THIS CHAPTER OR SECTION FIVE HUNDRED NINE-CC
 OR  TWELVE  HUNDRED  TWENTY-NINE-D  OF  THE VEHICLE AND TRAFFIC LAW OR A
 VALID CLEARANCE ISSUED BY THE CITY OF NEW YORK PURSUANT TO LOCAL LAW. AN
 INDIVIDUAL WHO PROVIDES RELATED SERVICES PURSUANT TO THIS SECTION  SHALL
 BE  DEEMED  A  PROSPECTIVE EMPLOYEE FOR PURPOSES OF THIS SUBDIVISION AND
 SHALL BE RESPONSIBLE FOR SUBMITTING  HIS  OR  HER  FINGERPRINTS  TO  THE
 COMMISSIONER FOR PURPOSES OF RECEIVING CLEARANCE FOR EMPLOYMENT PRIOR TO
 HIS  OR  HER INCLUSION ON A LIST OF RELATED SERVICE PROVIDERS MAINTAINED
 BY THE MUNICIPALITY OR BOARD 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 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 COMMISSIONER SHALL BE AUTHORIZED
 TO PROVIDE SUBSEQUENT CRIMINAL HISTORY NOTIFICATIONS TO APPROVED PROVID-
 ERS FOR THEIR EMPLOYEES. IN THE CASE OF A PROSPECTIVE  EMPLOYEE  WHO  IS

 A. 6931                            17
 
 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.
   §  31.  Section  12  of  chapter 147 of the laws of 2001, amending the
 education law relating to conditional appointment  of  school  district,
 charter school or BOCES employees, as amended by section 34 of part A of
 chapter 54 of the laws of 2016, is amended to read as follows:
   §  12.  This  act shall take effect on the same date as chapter 180 of
 the laws of 2000 takes effect[, and shall expire July 1, 2017 when  upon
 such date the provisions of this act shall be deemed repealed].
   §  32.  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.
   § 33. Section 34 of chapter 91 of  the  laws  of  2002,  amending  the
 education  law  and other laws relating to the reorganization of the New
 York city school construction authority, board of education, and  commu-
 nity boards, as amended by section 1 of part O of chapter 73 of the laws
 of 2016, is amended to read as follows:
   § 34. This act shall take effect July 1, 2002; provided, that sections
 one  through  twenty, twenty-four, and twenty-six through thirty of this
 act shall expire  and  be  deemed  repealed  June  30,  2017;  provided,
 further,  that notwithstanding any provision of article 5 of the general
 construction law, on June 30, 2017 the provisions of subdivisions 3,  5,
 and  8,  paragraph b of subdivision 13, subdivision 14, paragraphs b, d,
 and e of subdivision 15, and subdivisions 17 and 21 of section  2554  of
 the  education law as repealed by section three of this act, subdivision
 1 of section 2590-b of the education law as repealed by section  six  of
 this act, paragraph (a) of subdivision 2 of section 2590-b of the educa-
 tion law as repealed by section seven of this act, section 2590-c of the
 education  law  as repealed by section eight of this act, paragraph c of

 A. 6931                            18
 
 subdivision 2 of section 2590-d of the  education  law  as  repealed  by
 section  twenty-six  of this act, subdivision 1 of section 2590-e of the
 education law as repealed by section twenty-seven of this act,  subdivi-
 sion  28  of  section 2590-h of the education law as repealed by section
 twenty-eight of this act, subdivision 30 of section 2590-h of the educa-
 tion law as repealed by section twenty-nine  of  this  act,  subdivision
 30-a of section 2590-h of the education law as repealed by section thir-
 ty  of  this act shall be revived and be read as such provisions existed
 in law on the date immediately preceding the effective date of this act;
 provided, however, that sections seven and eight of this act shall  take
 effect  on  November  30, 2003[; provided further that the amendments to
 subdivision 25 of section 2554 of the education law made by section  two
 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].
   § 34. Section 4 of chapter 91 of the laws of 2002, amending the educa-
 tion law and other laws relating to the reorganization of the  New  York
 city  school  construction  authority, board of education, and community
 boards, is REPEALED.
   § 35. This act shall take effect on July 1, 2018; provided that:
   a. section thirty-one of this act shall take effect immediately;
   b. the provisions of sections one, two, three, four,  eighteen,  nine-
 teen,  twenty, twenty-two, twenty-three, twenty-four, twenty-five, twen-
 ty-six, twenty-seven  and  twenty-eight  of  this  act  shall  apply  to
 prospective  employees of special education schools who are appointed on
 or after such effective date and to individual providers  of  pre-school
 related  services who are placed on lists maintained by the municipality
 pursuant to subdivision 9 of section 4410 of the education  law  on  and
 after such effective date;
   c. the amendments to subdivision 20 of section 2590-h 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  subdivision  12  of
 section  17  of  chapter  345 of the laws of 2009, as amended, when upon
 such date the provisions of section sixteen-a of  this  act  shall  take
 effect; and
   d.  the amendments to paragraph a of subdivision 25 of section 2554 of
 the education law made by section fifteen of this act shall  not  affect
 the  expiration  of  such subdivision and shall be deemed expired there-
 with.