Senate Bill S1123

2019-2020 Legislative Session

Requires investigation of school district personnel involved with the care, custody or supervision of a child

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Education Committee


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

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2019-S1123 (ACTIVE) - Details

Current Committee:
Senate Education
Law Section:
Education Law
Laws Affected:
Add §3001-e, amd §2590-h, Ed L
Versions Introduced in Other Legislative Sessions:
2009-2010: S516
2011-2012: S3545
2013-2014: S2302
2015-2016: S4575
2017-2018: S6148
2021-2022: S4566
2023-2024: S3081

2019-S1123 (ACTIVE) - Summary

Requires pre-employment investigation of school district personnel to determine criminal history or the presence of controlled substances or communicable diseases; requires submission to fingerprinting and other tests.

2019-S1123 (ACTIVE) - Sponsor Memo

2019-S1123 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1123
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             January 11, 2019
                                ___________
 
 Introduced  by  Sen.  LANZA  -- read twice and ordered printed, and when
   printed to be committed to the Committee on Education
 
 AN ACT to amend the education law, in relation to pre-employment  inves-
   tigations for personnel employed in school districts
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The education law is amended by adding a new section 3001-e
 to read as follows:
   § 3001-E. PRE-EMPLOYMENT INVESTIGATION OF PERSONNEL EMPLOYED IN SCHOOL
 DISTRICTS. 1. EVERY SCHOOL DISTRICT SHALL CONDUCT A PRE-EMPLOYMENT BACK-
 GROUND INVESTIGATION FOR ALL PERSONNEL EMPLOYED IN THE DISTRICT.
   2. EACH DISTRICT, IN COOPERATION WITH THE DIVISION OF CRIMINAL JUSTICE
 SERVICES, SHALL PROMULGATE REGULATIONS REQUIRING ALL PERSONNEL  EMPLOYED
 IN SUCH SCHOOL DISTRICT TO SUBMIT TO MANDATORY BACKGROUND QUESTIONNAIRES
 AND  TO  SUCH  OTHER  TESTS FOR THE PRESENCE OF CONTROLLED SUBSTANCES OR
 COMMUNICABLE DISEASES AS SHALL BE DETERMINED TO BE NECESSARY AND PROPER.
   3. EVERY PERSON, AS A CONDITION OF EMPLOYMENT IN  A  SCHOOL  DISTRICT,
 SHALL  COMPLETE  A  BACKGROUND QUESTIONNAIRE, SUBMIT TO SUCH OTHER TESTS
 FOR THE PRESENCE OF CONTROLLED SUBSTANCES OR  COMMUNICABLE  DISEASES  AS
 SHALL  BE  DETERMINED  TO BE NECESSARY AND PROPER AND SIGN A DECLARATION
 UNDER PENALTY OF PERJURY REGARDING ANY PRIOR CRIMINAL CONVICTIONS.
   4. NO SCHOOL DISTRICT EMPLOYEE SHALL BE ASSIGNED TO WORK INVOLVING THE
 CARE, CUSTODY OR SUPERVISION OF A CHILD IF IT IS  DETERMINED  THAT  SUCH
 PERSON HAS TESTED POSITIVE FOR THE PRESENCE OF A CONTROLLED SUBSTANCE OR
 COMMUNICABLE DISEASE.
   5. FOR PURPOSES OF THIS SECTION, "COMMUNICABLE DISEASE" SHALL MEAN ANY
 DISEASE  THAT  THE COMMISSIONER OF HEALTH, IN THE REASONABLE EXERCISE OF
 HIS OR HER MEDICAL JUDGEMENT, DETERMINES  TO  BE  COMMUNICABLE,  RAPIDLY
 EMERGENT  OR  A  SIGNIFICANT THREAT TO PUBLIC HEALTH. THE LIST OF DESIG-
 NATED COMMUNICABLE DISEASES IS IN SECTION 2.1 OF TITLE TEN  OF  THE  NEW
 YORK CODES, RULES AND REGULATIONS.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

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