senate Bill S392

2021-2022 Legislative Session

Requires nonpublic and private elementary and secondary schools to require their prospective employees to submit fingerprints for the purpose of criminal background checks

download bill text pdf

Sponsored By

Current Bill Status - In Senate Committee Finance Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (2)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Mar 02, 2021 reported and committed to finance
Jan 06, 2021 referred to education

Votes

view votes

Mar 2, 2021 - Education committee Vote

S392
15
0
committee
15
Aye
0
Nay
0
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Education committee vote details

S392 (ACTIVE) - Details

See Assembly Version of this Bill:
A710
Current Committee:
Senate Finance
Law Section:
Education Law
Laws Affected:
Amd §§305, 2590-h & 3001-d, Ed L
Versions Introduced in 2019-2020 Legislative Session:
S3335, A4652

S392 (ACTIVE) - Summary

Requires nonpublic and private elementary and secondary schools to require their prospective employees to submit fingerprints through the commissioner of education for the purpose of criminal background checks; authorizes conditional appointment of employees by such schools pending determination of the criminal background check.

S392 (ACTIVE) - Sponsor Memo

S392 (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    392
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by Sen. KAMINSKY -- 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  requiring  nonpublic
   and  private  elementary and secondary schools to apply to the commis-
   sioner of education for criminal history record checks on  prospective
   employees
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. 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, of school districts, charter schools and boards
 of cooperative educational  services  and  [authorizing]  REQUIRING  the
 fingerprinting of prospective employees of nonpublic and private elemen-
 tary  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  finger-
 prints.  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 specific 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

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