Senate Bill S4566

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4566
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             February 5, 2021
                                ___________
 
 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.
              

                                                            LBD06309-01-1

 S. 4566                             2
 
   § 2. 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,
 BACKGROUND QUESTIONNAIRES AND SUBMISSION TO SUCH  OTHER  TESTS  FOR  THE
 PRESENCE  OF  CONTROLLED SUBSTANCES OR COMMUNICABLE DISEASES AS SHALL BE
 DETERMINED TO BE NECESSARY AND PROPER as a  prerequisite  for  licensure
 and/or  employment  of  such  personnel. 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.
   § 3. 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,
 BACKGROUND QUESTIONNAIRES AND SUBMISSION TO SUCH  OTHER  TESTS  FOR  THE
 PRESENCE  OF  CONTROLLED SUBSTANCES OR COMMUNICABLE DISEASES AS SHALL BE
 DETERMINED TO BE NECESSARY AND PROPER as a  prerequisite  for  licensure
 and/or  employment  of  such  personnel. 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.
   §  4.  This  act shall take effect on the ninetieth day after it shall
 have become a law; provided, however, that the amendments to subdivision
 20 of section 2590-h of the education law, made by section two  of  this
 act,  shall  not affect the expiration and reversion of such section and
 shall expire therewith, when upon such date section three  of  this  act
 shall  take  effect.    Effective  immediately,  the addition, amendment
 and/or repeal of any rule or regulation necessary for the implementation
 of this act on  its  effective  date  are  authorized  to  be  made  and
 completed on or before such date.