S T A T E O F N E W Y O R K
________________________________________________________________________
8425
2025-2026 Regular Sessions
I N S E N A T E
June 10, 2025
___________
Introduced by Sen. STAVISKY -- read twice and ordered printed, and when
printed to be committed to the Committee on Rules
AN ACT to amend the education law, in relation to background checks and
fingerprinting; and to amend the social services law, in relation to
statewide central registry clearances by providers of contract
services to covered schools
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 3 of section 1125 of the education law, as
amended by chapter 363 of the laws of 2018, is amended to read as
follows:
3. "Employee" shall mean any person: (i) who is receiving compensation
from a school or (ii) whose duties involve direct student contact and
(a) who is receiving compensation from any person or entity that
contracts with a school to provide transportation services to children,
or (b) who is an 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, OR
(C) WHO IS RECEIVING COMPENSATION FROM ANY PERSON OR ENTITY THAT
CONTRACTS WITH A SCHOOL TO PROVIDE STUDENT SUPPORT SERVICES, and
consistent with the provisions of such title for the provision of
services to such school, its students or employees, directly or through
contract.
§ 2. Paragraph (a-2) of subdivision 3 of section 2854 of the education
law is amended by adding a new subparagraph (v) to read as follows:
(V) (1) NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS SECTION, IF A
SCHOOL DISTRICT, CHARTER SCHOOL, BOARD OF COOPERATIVE EDUCATIONAL
SERVICES, OR NON-PUBLIC AND PRIVATE ELEMENTARY OR SECONDARY SCHOOL HAS
ENGAGED A CONTRACTED SERVICE PROVIDER OF STUDENT SUPPORT SERVICES, THEY
MAY OPT TO ALLOW THE CONTRACTED SERVICE PROVIDER TO OVERSEE THE FINGER-
PRINTING PROCESS OF THE CONTRACTED SERVICE PROVIDER'S EMPLOYEES.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01580-03-5
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(2) ANY SCHOOL DISTRICT, CHARTER SCHOOL, BOARD OF COOPERATIVE EDUCA-
TIONAL SERVICES, OR NON-PUBLIC AND PRIVATE ELEMENTARY OR SECONDARY
SCHOOL THAT OPTS IN SHALL NOT BE REQUIRED TO OVERSEE THE FINGERPRINTING
PROCESS FOR EMPLOYEES OF A CONTRACTED SERVICE PROVIDER OF STUDENT
SUPPORT SERVICES SUCH AS, BUT NOT LIMITED TO, SUBSTITUTE TEACHERS,
SUBSTITUTE TEACHER AIDES, SUBSTITUTE NURSES, EDUCATIONAL CONSULTANTS,
TUTORS, SUBSTITUTE SCHOOL ADMINISTRATIVE SUPPORT AND OTHER TEMPORARY
STUDENT SERVICES PROFESSIONALS, SO LONG AS THEY HAVE ENGAGED A
CONTRACTED SERVICE PROVIDER OF STUDENT SUPPORT SERVICES WHO HAS COMPLIED
WITH THE FINGERPRINTING REQUIREMENTS ELSEWHERE IN THIS CHAPTER.
§ 3. 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 PROVIDERS OF CONTRACT
SERVICES TO COVERED SCHOOLS AS SUCH TERM IS DEFINED BY 8 NYCRR 87.2(E)
and authorizing the fingerprinting of prospective employees of nonpublic
and private elementary and secondary schools, and for the use of infor-
mation 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 educa-
tional services, PROVIDERS OF CONTRACT 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 recorda-
tion 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.
§ 4. 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,
PROVIDERS OF CONTRACTED SERVICES and to all nonpublic and private
elementary and secondary schools that elect to fingerprint their
prospective employees, to be completed and signed by prospective employ-
ees when conditional appointment or emergency conditional appointment is
offered.
§ 5. 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. 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
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received from a school district, charter school or board of cooperative
educational services, PROVIDERS OF CONTRACT SERVICES and of prospective
employees received from nonpublic and private elementary and secondary
schools pursuant to title two of this chapter, and the division of crim-
inal 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 crim-
inal history records sent to the commissioner pursuant to this subdivi-
sion 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.
§ 6. Subdivision 3 of section 3035 of the education law, as amended by
chapter 630 of the laws of 2006, is amended to read as follows:
3. (a) Clearance. (I) After receipt of a criminal history record from
the division of criminal justice services and the federal bureau of
investigation the commissioner shall promptly notify the appropriate
school district, charter school, board of cooperative educational
services, PROVIDERS OF CONTRACT SERVICES or nonpublic or private elemen-
tary or secondary school whether the prospective employee to which such
report relates is cleared for employment based upon [his or her] crimi-
nal history. All determinations to grant or deny clearance for employ-
ment pursuant to this paragraph shall be performed in accordance with
subdivision sixteen of section two hundred ninety-six of the executive
law and article twenty-three-A of the correction law. When the commis-
sioner 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.
(II) THE COMMISSIONER SHALL PROMPTLY NOTIFY SCHOOL DISTRICT, CHARTER
SCHOOLS, BOARDS OF COOPERATIVE EDUCATIONAL SERVICES, AND PROVIDERS OF
CONTRACT SERVICES OF ANY SUBSEQUENT CHANGES IN CLEARANCE STATUS, AND
SUCH ENTITIES SHALL BE PROVIDED ACCESS TO THE DEPARTMENT'S SECURE ELEC-
TRONIC SYSTEM IN WHICH FINGERPRINTING AND BACKGROUND CLEARANCE RECORDS
ARE MAINTAINED IN ORDER TO VERIFY THE CLEARANCE STATUS OF PROSPECTIVE
AND CURRENT EMPLOYEES AS NEEDED.
(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, PROVIDERS OF
CONTRACTED SERVICES or nonpublic or private elementary or secondary
school that the prospective employee to which such report relates is
conditionally cleared for employment based upon [his or her] criminal
history or that 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
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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.
(C) NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, A COVERED
SCHOOL, AS DEFINED BY 8 NYCRR 87.2(E), THAT UTILIZES TEMPORARY STAFF
FROM A PROVIDER OF CONTRACT SERVICES MAY ACCEPT THE WRITTEN CONFIRMATION
OF SUCH PROVIDER OF CONTRACT SERVICES AS EVIDENCE THAT SUCH TEMPORARY
STAFF HAVE SATISFIED THE FINGERPRINTING AND BACKGROUND CHECK REQUIRE-
MENTS REQUIRED BY APPLICABLE LAW. IN SUCH INSTANCES, THE COVERED SCHOOL
SHALL NOT BE REQUIRED TO SEPARATELY INITIATE THE FINGERPRINTING AND
BACKGROUND CHECK PROCESS FOR SUCH TEMPORARY STAFF.
§ 7. Subdivision 3 of section 424-a of the social services law, as
amended by chapter 611 of the laws of 2022, is amended to read as
follows:
3. For purposes of this section, the term "provider" or "provider
agency" shall mean: an authorized agency; the office of children and
family services; a private, nonprofit incorporated agency that meets the
state office of children and family services program standards for child
advocacy centers; juvenile detention facilities subject to the certif-
ication of the office of children and family services; programs estab-
lished pursuant to article nineteen-H of the executive law; non-residen-
tial or residential programs or facilities licensed or operated by the
office of mental health or the office for people with developmental
disabilities except family care homes; including head start programs
which are funded pursuant to title V of the federal economic opportunity
act of nineteen hundred sixty-four, as amended; early intervention
service established pursuant to section twenty-five hundred forty of the
public health law; preschool services established pursuant to section
forty-four hundred ten of the education law; PROVIDERS OF CONTRACTED
SERVICES TO COVERED SCHOOLS AS DEFINED BY 8 NYCRR 87.2(E); special act
school districts as enumerated in chapter five hundred sixty-six of the
laws of nineteen hundred sixty-seven, as amended; programs and facili-
ties licensed by the office of [alcoholism and substance abuse]
ADDICTION services AND SUPPORTS; residential schools which are operated,
supervised or approved by the education department; health homes, or any
subcontractor of such health homes, who contracts with or is approved or
otherwise authorized by the department of health to provide health home
services to all those enrolled pursuant to a diagnosis of a develop-
mental disability as defined in subdivision twenty-two of section 1.03
of the mental hygiene law and enrollees who are under twenty-one years
of age under section three hundred sixty-five-l of this chapter, or any
entity that provides home and community based services to enrollees who
are under twenty-one years of age under a demonstration program pursuant
to section eleven hundred fifteen of the federal social security act;
publicly-funded emergency shelters for families with children, provided,
however, for purposes of this section, when the provider or provider
agency is a publicly-funded emergency shelter for families with chil-
dren, then all references in this section to the "potential for regular
and substantial contact with individuals who are cared for by the agen-
cy" shall mean the potential for regular and substantial contact with
children who are served by such shelter; and any other facility or
provider agency, as defined in subdivision four of section four hundred
eighty-eight of this chapter, in regard to the employment of staff, or
use of providers of goods and services and staff of such providers,
consultants, interns and volunteers.
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§ 8. Paragraph (a) of subdivision 2 of section 390-a of the social
services law, as amended by chapter 416 of the laws of 2000, is amended
to read as follows:
(a) review and evaluate the backgrounds of and information supplied by
any person applying to be a child day care center or school-age child
care program employee or volunteer or group family day care assistant, a
provider of family day care or group family day care, or a director of a
child day care center, head start day care center or school-age child
care program. Such procedures shall include but not be limited to the
following requirements: that the applicant set forth [his or her] SUCH
APPLICANT'S employment history, provide personal and employment refer-
ences; submit such information as is required for screening with the
statewide central register of child abuse and maltreatment in accordance
with the provisions of section four hundred twenty-four-a of this arti-
cle; sign a sworn statement indicating whether, to the best of [his or
her] SUCH APPLICANT'S knowledge, [he or she] SUCH APPLICANT has ever
been convicted of a crime in this state or any other jurisdiction; and
provide [his or her] SUCH APPLICANT'S fingerprints for submission to the
division of criminal justice services in accordance with the provisions
of section three hundred ninety-b of this title. NOTWITHSTANDING THE
PROVISIONS OF THIS PARAGRAPH, WHERE A PROGRAM HAS PEOPLE WORKING ON
THEIR PREMISES THROUGH A CONTRACTED SERVICE PROVIDER OF STUDENT SUPPORT
SERVICES AS DEFINED IN SUBDIVISION ELEVEN OF SECTION ELEVEN HUNDRED
TWENTY-FIVE OF THE EDUCATION LAW, AND SUCH CONTRACTED SERVICES PROVIDER
OF STUDENT SUPPORT SERVICES HAS REVIEWED CLEARANCE STATUSES AS A PROVID-
ER OR PROVIDER AGENCY UNDER SECTION FOUR HUNDRED TWENTY-FOUR-A OF THIS
CHAPTER, THEN SUCH PROGRAM DOES NOT NEED TO RUN THE CHECK ITSELF ON THE
CONTRACTED SERVICE PROVIDER EMPLOYEES WORKING ON THEIR SITE;
§ 9. This act shall take effect immediately.
