S T A T E O F N E W Y O R K
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1742
2019-2020 Regular Sessions
I N A S S E M B L Y
January 16, 2019
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Introduced by M. of A. M. G. MILLER -- read once and referred to the
Committee on Education
AN ACT to amend the education law, in relation to requiring school
districts to subject prospective volunteers to fingerprinting and
background checks prior to commencing work at such school district
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 OR PROSPECTIVE VOLUNTEERS AS DEFINED IN SUBDIVISION FOUR 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 OR PROSPECTIVE VOLUNTEERS 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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00354-01-9
A. 1742 2
and regulations, and shall not be published or in any way disclosed to
persons other than the commissioner, unless otherwise authorized by law.
(B) THE COMMISSIONER SHALL REQUIRE EVERY SCHOOL DISTRICT, CHARTER
SCHOOL OR BOARD OF COOPERATIVE EDUCATIONAL SERVICES TO SUBMIT A FORM,
WHICH SHALL BE PRESCRIBED AND FURNISHED BY THE COMMISSIONER, WHICH SHALL
INCLUDE A SWORN STATEMENT CERTIFYING THAT SUCH SCHOOL DISTRICT, CHARTER
SCHOOL OR BOARD OF COOPERATIVE EDUCATIONAL SERVICES CONFIRMED THAT SUCH
PROSPECTIVE VOLUNTEER IS NOT LISTED ON THE STATE SEX OFFENDER REGISTRY
PURSUANT TO ARTICLE SIX-C OF THE CORRECTION LAW PRIOR TO THE DAY SUCH
VOLUNTEER COMMENCES WORK AT SUCH SCHOOL DISTRICT, CHARTER SCHOOL OR
BOARD OF COOPERATIVE EDUCATIONAL SERVICES.
§ 2. This act shall take effect on the first of July next succeeding
the date on which it shall have become a law.