Bill Text: NY A09287 | 2011-2012 | General Assembly | Introduced
Bill Title: 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.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Introduced - Dead) 2012-02-14 - referred to education [A09287 Detail]
Download: New_York-2011-A09287-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
9287
I N A S S E M B L Y
February 14, 2012
___________
Introduced by M. of A. HIKIND -- read once and referred 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:
1 Section 1. Paragraph (a) of subdivision 30 of section 305 of the
2 education law, as amended by chapter 630 of the laws of 2006, is amended
3 to read as follows:
4 (a) The commissioner, in cooperation with the division of criminal
5 justice services and in accordance with all applicable provisions of
6 law, shall promulgate rules and regulations to require the fingerprint-
7 ing of prospective employees, as defined in section eleven hundred twen-
8 ty-five of this chapter, of school districts, charter schools and boards
9 of cooperative educational services and [authorizing] REQUIRING the
10 fingerprinting of prospective employees of nonpublic and private elemen-
11 tary and secondary schools, and for the use of information derived from
12 searches of the records of the division of criminal justice services and
13 the federal bureau of investigation based on the use of such finger-
14 prints. The commissioner shall also develop a form for use by school
15 districts, charter schools, boards of cooperative educational services,
16 and nonpublic and private elementary and secondary schools in connection
17 with the submission of fingerprints that contains the specific job title
18 sought and any other information that may be relevant to consideration
19 of the applicant. The commissioner shall also establish a form for the
20 recordation of allegations of child abuse in an educational setting, as
21 required pursuant to section eleven hundred twenty-six of this chapter.
22 No person who has been fingerprinted pursuant to section three thousand
23 four-b of this chapter or pursuant to section five hundred nine-cc or
24 twelve hundred twenty-nine-d of the vehicle and traffic law and whose
25 fingerprints remain on file with the division of criminal justice
26 services shall be required to undergo fingerprinting for purposes of a
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04201-02-2
A. 9287 2
1 new criminal history record check. This subdivision and the rules and
2 regulations promulgated pursuant thereto shall not apply to a school
3 district within a city with a population of one million or more.
4 S 2. The opening paragraph and subparagraph (i) of paragraph (b) of
5 subdivision 30 of section 305 of the education law, as amended by chap-
6 ter 630 of the laws of 2006, are amended to read as follows:
7 The commissioner, in cooperation with the division of criminal justice
8 services, shall promulgate a form to be provided to all such prospective
9 employees of school districts, charter schools, boards of cooperative
10 educational services, and nonpublic and private elementary and secondary
11 schools [that elect to fingerprint and seek clearance for prospective
12 employees] that shall:
13 (i) inform the prospective employee that the commissioner is required
14 [or authorized] to request his or her criminal history information from
15 the division of criminal justice services and the federal bureau of
16 investigation and review such information pursuant to this section, and
17 provide a description of the manner in which his or her fingerprint
18 cards will be used upon submission to the division of criminal justice
19 services;
20 S 3. Section 3001-d of the education law, as added by chapter 630 of
21 the laws of 2006, is amended to read as follows:
22 S 3001-d. Criminal history record checks and conditional appointments;
23 nonpublic and private schools. 1. a. "Employee" shall mean any prospec-
24 tive employee of a nonpublic or private elementary or secondary school
25 [which requires the fingerprinting of prospective employees pursuant to
26 this section], or employee of a contracted service provider or worker
27 placed within such school under a public assistance employment program,
28 pursuant to title nine-B of article five of the social services law, and
29 consistent with the provisions of such title for the provision of
30 services to such school, its students or employees, directly or through
31 contract, whereby such services performed by such person involve direct
32 student contact. [Any] EVERY nonpublic or private elementary or second-
33 ary school [which elects to] SHALL submit for review criminal history
34 information concerning prospective employees [must do so with respect to
35 each such prospective employee], as defined in this paragraph, in
36 accordance with this section.
37 b. "Volunteer" shall mean any person, other than an employee, who
38 provides services to a nonpublic or private elementary or secondary
39 school [which elects to require the fingerprinting of prospective
40 employees pursuant to this section], which involve direct student
41 contact.
42 2. [Any] EVERY nonpublic or private elementary or secondary school
43 [may] SHALL require, for the purposes of a criminal history record
44 check, the fingerprinting of all prospective employees pursuant to
45 section three thousand thirty-five of this article, who do not hold
46 valid clearance pursuant to such section or pursuant to section three
47 thousand four-b of this article or section five hundred nine-cc or
48 twelve hundred twenty-nine-d of the vehicle and traffic law. Prior to
49 initiating the fingerprinting process, the prospective employer shall
50 furnish the applicant with the form described in paragraph (c) of subdi-
51 vision thirty of section three hundred five of this chapter and shall
52 obtain the applicant's consent to the criminal history record search.
53 Every set of fingerprints taken pursuant to this section shall be
54 promptly submitted to the commissioner for the purposes of clearance for
55 employment.
A. 9287 3
1 3. [(a)] A. Any nonpublic or private elementary or secondary school
2 may conditionally appoint a prospective employee. A request for condi-
3 tional clearance [may] SHALL be forwarded to the commissioner along with
4 the prospective employee's fingerprints. Such appointment may be delayed
5 until notification by the commissioner that the prospective employee has
6 been conditionally cleared for employment and shall terminate when the
7 prospective employer is notified of a determination by the commissioner
8 to grant or deny clearance, provided that if clearance is granted, the
9 appointment shall continue and the conditional status shall be removed.
10 Prior to commencement of such conditional appointment, the prospective
11 employer shall obtain a signed statement for conditional appointment
12 from the prospective employee, indicating whether, to the best of his or
13 her knowledge, he or she has a pending criminal charge or criminal
14 conviction in any jurisdiction outside the state.
15 [(b)] B. Any nonpublic or private elementary or secondary school may
16 make an emergency conditional appointment when an unforeseen emergency
17 vacancy has occurred. When such appointment is made, the process for
18 conditional appointment pursuant to paragraph [(a)] A of this subdivi-
19 sion [may] SHALL also be initiated. Emergency conditional appointment
20 may commence prior to notification from the commissioner on conditional
21 clearance and shall terminate when the prospective employer is notified
22 by the commissioner regarding conditional clearance, provided that if
23 conditional clearance is granted, the appointment may continue as a
24 conditional appointment. Prior to the commencement of such appointment,
25 the prospective employer must obtain a signed statement for emergency
26 conditional appointment from the prospective employee, indicating wheth-
27 er, to the best of his or her knowledge, he or she has a pending crimi-
28 nal charge or criminal conviction in any jurisdiction. An "unforeseen
29 emergency vacancy" shall be defined as: (i) a vacancy that occurred less
30 than ten business days before the start of any school session, including
31 summer school, or during any school session, including summer school,
32 without sufficient notice to allow for clearance or conditional clear-
33 ance; (ii) when no other qualified person is available to fill the
34 vacancy temporarily; and (iii) when emergency conditional appointment is
35 necessary to maintain services which the school is legally required to
36 provide or services necessary to protect the health, education or safety
37 of students or staff.
38 [(c)] C. Each nonpublic or private elementary or secondary school[,
39 which elects to fingerprint prospective employees pursuant to subdivi-
40 sion two of this section,] shall develop a policy for the safety of the
41 children who have contact with an employee holding conditional appoint-
42 ment or emergency conditional appointment.
43 4. [Fees. Notwithstanding any other provision of law to the contrary,
44 the commissioner is authorized to charge additional fees to applicants
45 for certificates pursuant to this section in an amount equal to the fees
46 established pursuant to law by the division of criminal justice services
47 and the federal bureau of investigation for the searches authorized by
48 this section.] ALL COSTS OF FINGERPRINTING PROSPECTIVE EMPLOYEES PURSU-
49 ANT TO THE REQUIREMENTS OF THIS SECTION SHALL BE BORNE BY THE DEPART-
50 MENT. NO ADDITIONAL FEES SHALL BE CHARGED TO APPLICANTS FOR CERTIFICATES
51 PURSUANT TO THIS SECTION.
52 S 4. This act shall take effect July 1, 2012.
