Bill Text: NY A07352 | 2011-2012 | General Assembly | Introduced

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Bill Title: 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.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2012-01-04 - referred to education [A07352 Detail]

Download: New_York-2011-A07352-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         7352
                              2011-2012 Regular Sessions
                                 I N  A S S E M B L Y
                                      May 2, 2011
                                      ___________
       Introduced by M. of A. CUSICK -- read once and referred 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:
    1    Section 1. The education law is amended by adding a new section 3001-e
    2  to read as follows:
    3    S 3001-E. PRE-EMPLOYMENT INVESTIGATION OF PERSONNEL EMPLOYED IN SCHOOL
    4  DISTRICTS. 1. EVERY SCHOOL DISTRICT SHALL CONDUCT A PRE-EMPLOYMENT BACK-
    5  GROUND INVESTIGATION FOR ALL PERSONNEL EMPLOYED IN THE DISTRICT.
    6    2. EACH DISTRICT, IN COOPERATION WITH THE DIVISION OF CRIMINAL JUSTICE
    7  SERVICES,  SHALL PROMULGATE REGULATIONS REQUIRING ALL PERSONNEL EMPLOYED
    8  IN SUCH SCHOOL DISTRICT TO SUBMIT TO MANDATORY BACKGROUND QUESTIONNAIRES
    9  AND TO SUCH OTHER TESTS FOR THE PRESENCE  OF  CONTROLLED  SUBSTANCES  OR
   10  COMMUNICABLE DISEASES AS SHALL BE DETERMINED TO BE NECESSARY AND PROPER.
   11    3.  EVERY  PERSON,  AS A CONDITION OF EMPLOYMENT IN A SCHOOL DISTRICT,
   12  SHALL COMPLETE A BACKGROUND QUESTIONNAIRE, SUBMIT TO  SUCH  OTHER  TESTS
   13  FOR  THE  PRESENCE  OF CONTROLLED SUBSTANCES OR COMMUNICABLE DISEASES AS
   14  SHALL BE DETERMINED TO BE NECESSARY AND PROPER AND  SIGN  A  DECLARATION
   15  UNDER PENALTY OF PERJURY REGARDING ANY PRIOR CRIMINAL CONVICTIONS.
   16    4. NO SCHOOL DISTRICT EMPLOYEE SHALL BE ASSIGNED TO WORK INVOLVING THE
   17  CARE,  CUSTODY  OR  SUPERVISION OF A CHILD IF IT IS DETERMINED THAT SUCH
   18  PERSON HAS TESTED POSITIVE FOR THE PRESENCE OF A CONTROLLED SUBSTANCE OR
   19  COMMUNICABLE DISEASE.
   20    5. FOR PURPOSES OF THIS SECTION, "COMMUNICABLE DISEASE" SHALL MEAN ANY
   21  DISEASE THAT THE COMMISSIONER OF HEALTH, IN THE REASONABLE  EXERCISE  OF
   22  HIS  OR  HER  MEDICAL  JUDGEMENT, DETERMINES TO BE COMMUNICABLE, RAPIDLY
   23  EMERGENT OR A SIGNIFICANT THREAT TO PUBLIC HEALTH. THE  LIST  OF  DESIG-
   24  NATED  COMMUNICABLE  DISEASES  IS IN SECTION 201 OF TITLE TEN OF THE NEW
   25  YORK CODES, RULES AND REGULATIONS.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD02726-01-1
       A. 7352                             2
    1    S 2. Subdivision 20 of section 2590-h of the education law, as amended
    2  by chapter 345 of the laws of 2009, is amended to read as follows:
    3    20.  Ensure compliance with qualifications established for all person-
    4  nel employed in the city district, including the taking of fingerprints,
    5  BACKGROUND QUESTIONNAIRES AND SUBMISSION TO SUCH  OTHER  TESTS  FOR  THE
    6  PRESENCE  OF  CONTROLLED SUBSTANCES OR COMMUNICABLE DISEASES AS SHALL BE
    7  DETERMINED TO BE NECESSARY AND PROPER as a  prerequisite  for  licensure
    8  and/or  employment  of  such  personnel. Every set of fingerprints taken
    9  pursuant to this subdivision shall be promptly submitted to the division
   10  of criminal justice services where it shall be appropriately  processed.
   11  Furthermore,  the division of criminal justice services is authorized to
   12  submit the fingerprints to the federal bureau  of  investigation  for  a
   13  national criminal history record check.
   14    S 3. Subdivision 20 of section 2590-h of the education law, as amended
   15  by chapter 100 of the laws of 2003, is amended to read as follows:
   16    20.  Ensure compliance with qualifications established for all person-
   17  nel employed in the city district, including the taking of fingerprints,
   18  BACKGROUND QUESTIONNAIRES AND SUBMISSION TO SUCH  OTHER  TESTS  FOR  THE
   19  PRESENCE  OF  CONTROLLED SUBSTANCES OR COMMUNICABLE DISEASES AS SHALL BE
   20  DETERMINED TO BE NECESSARY AND PROPER as a  prerequisite  for  licensure
   21  and/or  employment  of  such  personnel. Every set of fingerprints taken
   22  pursuant to this subdivision shall be promptly submitted to the division
   23  of criminal justice services where it shall be appropriately  processed.
   24  Furthermore,  the division of criminal justice services is authorized to
   25  submit the fingerprints to the federal bureau  of  investigation  for  a
   26  national criminal history record check.
   27    S  4.  This  act shall take effect on the ninetieth day after it shall
   28  have become a law; provided, however, that  effective  immediately,  the
   29  addition,  amendment  and/or repeal of any rule and regulation necessary
   30  for the implementation of this act on its effective date are  authorized
   31  and  directed to be made and completed on or before such effective date;
   32  and provided, further, that the amendments to subdivision 20 of  section
   33  2590-h  of the education law, made by section two of this act, shall not
   34  affect the expiration and reversion of such  section  and  shall  expire
   35  therewith,  when  upon  such  date  section three of this act shall take
   36  effect.