Bill Text: NY S00951 | 2009-2010 | General Assembly | Amended
Bill Title: Requires fingerprinting of prospective employees of special education schools and special act school districts for purposes of a criminal background check; defines "special education school"; defines "special act school district"; and allows school to establish procedures for conditional appointment or emergency conditional appointment of prospective employees of the school.
Spectrum: Partisan Bill (Democrat 4-0)
Status: (Introduced - Dead) 2010-04-01 - PRINT NUMBER 951B [S00951 Detail]
Download: New_York-2009-S00951-Amended.html
S T A T E O F N E W Y O R K
________________________________________________________________________
951--B
2009-2010 Regular Sessions
I N S E N A T E
January 22, 2009
___________
Introduced by Sens. C. JOHNSON, ADAMS, DIAZ, ONORATO, PARKER, THOMPSON
-- read twice and ordered printed, and when printed to be committed to
the Committee on Finance -- committee discharged and said bill commit-
ted to the Committee on Education -- committee discharged, bill
amended, ordered reprinted as amended and recommitted to said commit-
tee -- recommitted to the Committee on Education in accordance with
Senate Rule 6, sec. 8 -- committee discharged, bill amended, ordered
reprinted as amended and recommitted to said committee
AN ACT to amend the education law, in relation to requiring the finger-
printing of prospective employees of public or publicly-funded special
education schools and special act school districts for the purpose of
conducting criminal history record checks; and to amend chapter 147 of
the laws of 2001, amending the education law relating to conditional
appointment of school district, charter school or BOCES employees, in
relation to extending the effectiveness of such chapter
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Paragraphs (a) and (b) of subdivision 30 of section 305 of
2 the education law, paragraph (a), the opening paragraph and subparagraph
3 (i) of paragraph (b) as amended by chapter 630 of the laws of 2006 and
4 paragraph (b) as added by chapter 180 of the laws of 2000, are amended
5 to read as follows:
6 (a) The commissioner, in cooperation with the division of criminal
7 justice services and in accordance with all applicable provisions of
8 law, shall promulgate rules and regulations to require the fingerprint-
9 ing of prospective employees, as defined in section eleven hundred twen-
10 ty-five of this chapter, of school districts, charter schools [and],
11 boards of cooperative educational services, SPECIAL EDUCATION SCHOOLS
12 AND SPECIAL ACT SCHOOL DISTRICTS and authorizing the fingerprinting of
13 prospective employees of nonpublic and private elementary and secondary
14 schools, and for the use of information derived from searches of the
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05961-03-0
S. 951--B 2
1 records of the division of criminal justice services and the federal
2 bureau of investigation based on the use of such fingerprints. The
3 commissioner shall also develop a form for use by school districts,
4 charter schools, boards of cooperative educational services, [and]
5 nonpublic and private elementary and secondary schools, SPECIAL EDUCA-
6 TION SCHOOLS AND SPECIAL ACT SCHOOL DISTRICTS, in connection with the
7 submission of fingerprints that contains the specific job title sought
8 and any other information that may be relevant to consideration of the
9 applicant. The commissioner shall also establish a form for the recorda-
10 tion of allegations of child abuse in an educational setting, as
11 required pursuant to section eleven hundred twenty-six of this chapter.
12 No person who has been fingerprinted pursuant to section three thousand
13 four-b of this chapter or pursuant to section five hundred nine-cc or
14 twelve hundred twenty-nine-d of the vehicle and traffic law and whose
15 fingerprints remain on file with the division of criminal justice
16 services shall be required to undergo fingerprinting for purposes of a
17 new criminal history record check. This subdivision and the rules and
18 regulations promulgated pursuant thereto shall not apply to a school
19 district within a city with a population of one million or more, OR TO
20 SPECIAL EDUCATION SCHOOLS OR SPECIAL ACT SCHOOL DISTRICTS LOCATED WITHIN
21 SUCH CITY.
22 (b) The commissioner, in cooperation with the division of criminal
23 justice services, shall promulgate a form to be provided to all such
24 prospective employees of school districts, charter schools, boards of
25 cooperative educational services, SPECIAL EDUCATION SCHOOLS, SPECIAL ACT
26 SCHOOL DISTRICTS and nonpublic and private elementary and secondary
27 schools that elect to fingerprint and seek clearance for prospective
28 employees that shall:
29 (i) inform the prospective employee that the commissioner is required
30 or authorized to request his or her criminal history information from
31 the division of criminal justice services and the federal bureau of
32 investigation and review such information pursuant to this section, and
33 provide a description of the manner in which his or her fingerprint
34 cards will be used upon submission to the division of criminal justice
35 services;
36 (ii) inform the prospective employee that he or she has the right to
37 obtain, review and seek correction of his or her criminal history infor-
38 mation pursuant to regulations and procedures established by the divi-
39 sion of criminal justice services.
40 S 2. Subparagraph (vii) of paragraph (c) of subdivision 30 of section
41 305 of the education law, as amended by chapter 630 of the laws of 2006,
42 is amended to read as follows:
43 (vii) been informed that in the event his or her employment is termi-
44 nated and such person has not become employed in the same or another
45 school district, charter school, board of cooperative educational
46 services, SPECIAL EDUCATION SCHOOL, SPECIAL ACT SCHOOL DISTRICT or
47 nonpublic or private elementary or secondary school within [twelve-
48 months] TWELVE MONTHS of such termination, the commissioner shall notify
49 the division of criminal justice services of such termination, and the
50 division of criminal justice services shall destroy the fingerprints of
51 such person. Such person may request that the commissioner notify the
52 division of criminal justice services that his or her fingerprints shall
53 be destroyed prior to the expiration of such twelve month period in
54 which case the commissioner shall notify the division of criminal
55 justice services and the division shall destroy the fingerprints of such
56 person promptly upon receipt of the request; and
S. 951--B 3
1 S 3. Paragraph (d) of subdivision 30 of section 305 of the education
2 law, as amended by chapter 630 of the laws of 2006, is amended to read
3 as follows:
4 (d) The commissioner shall develop forms to be provided to all school
5 districts, charter schools, boards of cooperative educational services,
6 SPECIAL EDUCATION SCHOOLS, SPECIAL ACT SCHOOL DISTRICTS and to all
7 nonpublic and private elementary and secondary schools that elect to
8 fingerprint their prospective employees, to be completed and signed by
9 prospective employees when conditional appointment or emergency condi-
10 tional appointment is offered.
11 S 4. Subdivision 30 of section 305 of the education law is amended by
12 adding two new paragraphs (f) and (g) to read as follows:
13 (F) AS USED IN THIS SECTION AND SECTION THREE THOUSAND THIRTY-FIVE OF
14 THIS CHAPTER, "SPECIAL EDUCATION SCHOOL" SHALL MEAN A STATE SCHOOL OPER-
15 ATED PURSUANT TO ARTICLE EIGHTY-SEVEN OR EIGHTY-EIGHT OF THIS CHAPTER, A
16 STATE-SUPPORTED SCHOOL OPERATED PURSUANT TO ARTICLE EIGHTY-FIVE OF THIS
17 CHAPTER, AN APPROVED PRIVATE NON-RESIDENTIAL OR RESIDENTIAL SCHOOL FOR
18 THE EDUCATION OF STUDENTS WITH DISABILITIES THAT IS LOCATED WITHIN THE
19 STATE, OR AN APPROVED PROVIDER OF PRESCHOOL SPECIAL EDUCATION SERVICES
20 OR PROGRAMS THAT IS LOCATED WITHIN THE STATE; PROVIDED THAT SUCH TERM
21 SHALL NOT APPLY TO A SCHOOL OR FACILITY OPERATED OR LICENSED BY A STATE
22 AGENCY OTHER THAN THE DEPARTMENT, UNLESS SUCH SCHOOL OR FACILITY IS ALSO
23 AN APPROVED PRIVATE SCHOOL FOR STUDENTS WITH DISABILITIES OR AN APPROVED
24 PROVIDER UNDER SECTION FORTY-FOUR HUNDRED TEN OF THIS CHAPTER.
25 (G) AS USED IN THIS SECTION, "SPECIAL ACT SCHOOL DISTRICT" SHALL MEAN
26 THOSE SCHOOL DISTRICTS ENUMERATED IN CHAPTER FIVE HUNDRED SIXTY-SIX OF
27 THE LAWS OF NINETEEN HUNDRED SIXTY-SEVEN AS AMENDED, WHICH CONTRACT WITH
28 PUBLIC SCHOOL DISTRICTS OR SOCIAL SERVICES DISTRICTS FOR THE EDUCATION
29 OF CHILDREN WITH HANDICAPPING CONDITIONS PURSUANT TO ARTICLE EIGHTY-ONE
30 OR EIGHTY-NINE OF THIS CHAPTER.
31 S 5. Subdivision 1 of section 3035 of the education law, as amended by
32 chapter 630 of the laws of 2006, is amended to read as follows:
33 1. The commissioner shall submit to the division of criminal justice
34 services two sets of fingerprints of prospective employees as defined in
35 subdivision three of section eleven hundred twenty-five of this chapter
36 received from a school district, charter school or board of cooperative
37 educational services and of prospective employees received from nonpub-
38 lic and private elementary and secondary schools pursuant to title two
39 of this chapter, A SPECIAL EDUCATION SCHOOL, AS DEFINED IN PARAGRAPH (F)
40 OF SUBDIVISION THIRTY OF SECTION THREE HUNDRED FIVE OF THIS CHAPTER,
41 PURSUANT TO TITLE SIX OF THIS CHAPTER, OTHER THAN A SPECIAL EDUCATION
42 SCHOOL LOCATED IN THE CITY OF NEW YORK OR A SPECIAL ACT SCHOOL DISTRICT,
43 AS DEFINED IN PARAGRAPH (G) OF SUBDIVISION THIRTY OF SECTION THREE
44 HUNDRED FIVE OF THIS CHAPTER, PURSUANT TO TITLE SIX OF THIS CHAPTER,
45 OTHER THAN A SPECIAL ACT SCHOOL DISTRICT LOCATED IN THE CITY OF NEW
46 YORK, and the division of criminal justice services processing fee
47 imposed pursuant to subdivision eight-a of section eight hundred thir-
48 ty-seven of the executive law and any fee imposed by the federal bureau
49 of investigation. The division of criminal justice services and the
50 federal bureau of investigation shall forward such criminal history
51 record to the commissioner in a timely manner. For the purposes of this
52 section, the term "criminal history record" shall mean a record of all
53 convictions of crimes and any pending criminal charges maintained on an
54 individual by the division of criminal justice services and the federal
55 bureau of investigation. All such criminal history records sent to the
56 commissioner pursuant to this subdivision shall be confidential pursuant
S. 951--B 4
1 to the applicable federal and state laws, rules and regulations, and
2 shall not be published or in any way disclosed to persons other than the
3 commissioner, unless otherwise authorized by law.
4 S 6. Subdivisions 3 and 3-a of section 3035 of the education law,
5 subdivision 3 as amended by section 7 of chapter 630 of the laws of 2006
6 and subdivision 3-a as added by chapter 380 of the laws of 2001, are
7 amended to read as follows:
8 3. (a) Clearance. After receipt of a criminal history record from the
9 division of criminal justice services and the federal bureau of investi-
10 gation the commissioner shall promptly notify the appropriate school
11 district, charter school, board of cooperative educational services,
12 SPECIAL EDUCATION SCHOOL, SPECIAL ACT SCHOOL DISTRICT or nonpublic or
13 private elementary or secondary school whether the prospective employee
14 to which such report relates is cleared for employment based upon his or
15 her criminal history. All determinations to grant or deny clearance for
16 employment pursuant to this paragraph shall be performed in accordance
17 with subdivision sixteen of section two hundred ninety-six of the execu-
18 tive law and article twenty-three-A of the correction law. When the
19 commissioner denies a prospective employee clearance for employment,
20 such prospective employee shall be afforded notice and the right to be
21 heard and offer proof in opposition to such determination in accordance
22 with the regulations of the commissioner.
23 (b) Conditional clearance. When the commissioner receives a request
24 for a determination on the conditional clearance of a prospective
25 employee, the commissioner, after receipt of a criminal history record
26 from the division of criminal justice services, shall promptly notify
27 the prospective employee and the appropriate school district, charter
28 school, board of cooperative educational services, SPECIAL EDUCATION
29 SCHOOL, SPECIAL ACT SCHOOL DISTRICT or nonpublic or private elementary
30 or secondary school that the prospective employee to which such report
31 relates is conditionally cleared for employment based upon his or her
32 criminal history or that more time is needed to make the determination.
33 If the commissioner determines that more time is needed, the notifica-
34 tion shall include a good faith estimate of the amount of additional
35 time needed. Such notification shall be made within fifteen business
36 days after the commissioner receives the prospective employee's finger-
37 prints. All determinations to grant or deny conditional clearance for
38 employment pursuant to this paragraph shall be performed in accordance
39 with subdivision sixteen of section two hundred ninety-six of the execu-
40 tive law and article twenty-three-A of the correction law.
41 3-a. Upon request from a prospective employee who has been cleared by
42 the commissioner for employment and/or certification, the commissioner
43 shall have the authority to forward a copy of such criminal history
44 record to the city school district of the city of New York by the most
45 expeditious means available. Furthermore, upon notification that such
46 prospective employee is employed by the city school district of the city
47 of New York OR IS EMPLOYED BY A SPECIAL EDUCATION SCHOOL OR SPECIAL ACT
48 SCHOOL DISTRICT THAT CONTRACTS WITH THE CITY SCHOOL DISTRICT OF THE CITY
49 OF NEW YORK, the division of criminal justice services shall have the
50 authority to provide subsequent criminal history notifications directly
51 to the city school district of the city of New York. Upon request from a
52 prospective employee who has been cleared for licensure and/or employ-
53 ment by the city school district of the city of New York OR HAS BEEN
54 CLEARED BY THE CITY OF NEW YORK FOR EMPLOYMENT BY A SPECIAL EDUCATION
55 SCHOOL OR SPECIAL ACT SCHOOL DISTRICT THAT IS LOCATED OUTSIDE OF THE
56 CITY SCHOOL DISTRICT OF THE CITY OF NEW YORK, such school district OR
S. 951--B 5
1 CITY shall have the authority to forward a copy of the prospective
2 employee's criminal history record to the commissioner, by the most
3 expeditious means available, for the purposes of this section. Further-
4 more, upon notification that such prospective employee is employed by a
5 school district outside the city of New York OR BY A SPECIAL EDUCATION
6 SCHOOL OR SPECIAL ACT SCHOOL DISTRICT THAT IS LOCATED OUTSIDE OF THE
7 CITY OF NEW YORK, the division of criminal justice services shall have
8 the authority to provide subsequent criminal history notifications
9 directly to the commissioner.
10 S 7. Paragraph (i) of subdivision (a) of section 4212 of the education
11 law, as amended by chapter 32 of the laws of 1992, is amended to read as
12 follows:
13 (i) consistent with appropriate collective bargaining agreements and
14 applicable provisions of the civil service law, the review and evalu-
15 ation of the backgrounds of and the information supplied by any person
16 applying to be an employee, a volunteer or consultant, which shall
17 include but not be limited to the following requirements: that the
18 applicant set forth his or her employment history, provide personal and
19 employment references, and relevant experiential and educational infor-
20 mation, [and] sign a sworn statement indicating whether the applicant,
21 to the best of his or her knowledge, has ever been convicted of a crime
22 in this state or any other jurisdiction AND, IN THE CASE OF A PROSPEC-
23 TIVE EMPLOYEE, BE FINGERPRINTED FOR PURPOSES OF A CRIMINAL HISTORY BACK-
24 GROUND CHECK PURSUANT TO SUBDIVISION (D) OF THIS SECTION;
25 S 8. Section 4212 of the education law is amended by adding a new
26 subdivision (d) to read as follows:
27 (D) (I) THE SCHOOL SHALL REQUIRE, FOR PURPOSES OF A CRIMINAL HISTORY
28 RECORD CHECK, THE FINGERPRINTING OF ALL PROSPECTIVE EMPLOYEES OF THE
29 SCHOOL PURSUANT TO SUBDIVISION THIRTY OF SECTION THREE HUNDRED FIVE AND
30 SECTION THREE THOUSAND THIRTY-FIVE OF THIS CHAPTER, EXCEPT WHERE SUCH
31 PROSPECTIVE EMPLOYEES HOLD VALID CLEARANCE PURSUANT TO SUCH SECTION
32 THREE THOUSAND THIRTY-FIVE OR PURSUANT TO SECTION THREE THOUSAND FOUR-B
33 OF THIS CHAPTER OR SECTION FIVE HUNDRED NINE-CC OR TWELVE HUNDRED TWEN-
34 TY-NINE-D OF THE VEHICLE AND TRAFFIC LAW, OR VALID CLEARANCE ISSUED BY
35 THE CITY OF NEW YORK PURSUANT TO LOCAL LAW. PRIOR TO INITIATING THE
36 FINGERPRINTING PROCESS, THE SCHOOL SHALL FURNISH THE PROSPECTIVE EMPLOY-
37 EE WITH THE FORM DESCRIBED IN PARAGRAPH (C) OF SUBDIVISION THIRTY OF
38 SECTION THREE HUNDRED FIVE OF THIS CHAPTER AND SHALL OBTAIN THE APPLI-
39 CANT'S CONSENT TO THE CRIMINAL HISTORY RECORDS SEARCH. EVERY SET OF
40 FINGERPRINTS TAKEN PURSUANT TO THIS SUBDIVISION SHALL BE PROMPTLY
41 SUBMITTED TO THE COMMISSIONER FOR PURPOSES OF CLEARANCE FOR EMPLOYMENT.
42 NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, THE COMMIS-
43 SIONER SHALL BE AUTHORIZED TO PROVIDE SUBSEQUENT CRIMINAL HISTORY
44 NOTIFICATIONS TO THE SCHOOL FOR ITS EMPLOYEES.
45 (II) NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, THE
46 SCHOOL MAY ESTABLISH PROCEDURES FOR THE CONDITIONAL APPOINTMENT OR EMER-
47 GENCY CONDITIONAL APPOINTMENT OF PROSPECTIVE EMPLOYEES OF THE SCHOOL TO
48 THE SAME EXTENT AND UNDER THE SAME CONDITIONS AS A BOARD OF EDUCATION OF
49 A UNION FREE SCHOOL DISTRICT PURSUANT TO SUBDIVISION THIRTY-NINE OF
50 SECTION SEVENTEEN HUNDRED NINE OF THIS CHAPTER.
51 S 9. Paragraph (i) of subdivision (a) of section 4314 of the education
52 law, as amended by chapter 32 of the laws of 1992, is amended to read as
53 follows:
54 (i) consistent with appropriate collective agreements and applicable
55 provisions of the civil service law, the review and evaluation of the
56 backgrounds of and the information supplied by any person applying to be
S. 951--B 6
1 an employee, a volunteer or consultant, which shall include but not be
2 limited to the following requirements: that the applicant set forth his
3 or her employment history, provide personal and employment references,
4 and relevant experiential and educational information, [and] sign a
5 sworn statement indicating whether the applicant, to the best of his or
6 her knowledge, has ever been convicted of a crime in this state or any
7 other jurisdiction AND, IN THE CASE OF A PROSPECTIVE EMPLOYEE, BE FING-
8 ERPRINTED FOR PURPOSES OF A CRIMINAL HISTORY BACKGROUND CHECK PURSUANT
9 TO SUBDIVISION (D) OF THIS SECTION;
10 S 10. Section 4314 of the education law is amended by adding a new
11 subdivision (d) to read as follows:
12 (D)(I) THE DEPARTMENT SHALL REQUIRE, FOR PURPOSES OF A CRIMINAL HISTO-
13 RY RECORD CHECK, THE FINGERPRINTING OF ALL PROSPECTIVE EMPLOYEES OF THE
14 SCHOOL PURSUANT TO SUBDIVISION THIRTY OF SECTION THREE HUNDRED FIVE AND
15 SECTION THREE THOUSAND THIRTY-FIVE OF THIS CHAPTER, WHO DO NOT HOLD
16 VALID CLEARANCE PURSUANT TO SUCH SECTION THREE THOUSAND THIRTY-FIVE OR
17 PURSUANT TO SECTION THREE THOUSAND FOUR-B OF THIS CHAPTER OR SECTION
18 FIVE HUNDRED NINE-CC OR TWELVE HUNDRED TWENTY-NINE-D OF THE VEHICLE AND
19 TRAFFIC LAW, OR VALID CLEARANCE ISSUED BY THE CITY OF NEW YORK PURSUANT
20 TO LOCAL LAW. PRIOR TO INITIATING THE FINGERPRINTING PROCESS, THE
21 DEPARTMENT SHALL FURNISH THE PROSPECTIVE EMPLOYEE WITH THE FORM
22 DESCRIBED IN PARAGRAPH (C) OF SUBDIVISION THIRTY OF SECTION THREE
23 HUNDRED FIVE OF THIS CHAPTER AND SHALL OBTAIN THE APPLICANT'S CONSENT TO
24 THE CRIMINAL HISTORY RECORDS SEARCH. EVERY SET OF FINGERPRINTS TAKEN
25 PURSUANT TO THIS SUBDIVISION SHALL BE PROMPTLY SUBMITTED TO THE COMMIS-
26 SIONER FOR PURPOSES OF CLEARANCE FOR EMPLOYMENT.
27 (II) NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, THE
28 COMMISSIONER MAY ESTABLISH PROCEDURES FOR THE CONDITIONAL APPOINTMENT OR
29 EMERGENCY CONDITIONAL APPOINTMENT OF PROSPECTIVE EMPLOYEES OF THE SCHOOL
30 BY THE DEPARTMENT TO THE SAME EXTENT AND UNDER THE SAME CONDITIONS AS A
31 BOARD OF EDUCATION OF A UNION FREE SCHOOL DISTRICT PURSUANT TO SUBDIVI-
32 SION THIRTY-NINE OF SECTION SEVENTEEN HUNDRED NINE OF THIS CHAPTER.
33 S 11. Paragraph (i) of subdivision (a) of section 4358 of the educa-
34 tion law, as amended by chapter 32 of the laws of 1992, is amended to
35 read as follows:
36 (i) consistent with appropriate collective bargaining agreements and
37 applicable provisions of the civil service law, the review and evalu-
38 ation of the backgrounds of and the information supplied by any person
39 applying to be an employee, a volunteer or consultant, which shall
40 include but not be limited to the following requirements: that the
41 applicant set forth his or her employment history, provide personal and
42 employment references and relevant experiential and educational informa-
43 tion, [and] sign a sworn statement indicating whether the applicant, to
44 the best of his or her knowledge, has ever been convicted of a crime in
45 this state or any other jurisdiction AND, IN THE CASE OF A PROSPECTIVE
46 EMPLOYEE, BE FINGERPRINTED FOR PURPOSES OF A CRIMINAL HISTORY BACKGROUND
47 CHECK PURSUANT TO SUBDIVISION (D) OF THIS SECTION;
48 S 12. Section 4358 of the education law is amended by adding a new
49 subdivision (d) to read as follows:
50 (D)(I) THE DEPARTMENT SHALL REQUIRE, FOR PURPOSES OF A CRIMINAL HISTO-
51 RY RECORD CHECK, THE FINGERPRINTING OF ALL PROSPECTIVE EMPLOYEES OF THE
52 SCHOOL PURSUANT TO SUBDIVISION THIRTY OF SECTION THREE HUNDRED FIVE AND
53 SECTION THREE THOUSAND THIRTY-FIVE OF THIS CHAPTER, WHO DO NOT HOLD
54 VALID CLEARANCE PURSUANT TO SUCH SECTION THREE THOUSAND THIRTY-FIVE OR
55 PURSUANT TO SECTION THREE THOUSAND FOUR-B OF THIS CHAPTER OR SECTION
56 FIVE HUNDRED NINE-CC OR TWELVE HUNDRED TWENTY-NINE-D OF THE VEHICLE AND
S. 951--B 7
1 TRAFFIC LAW, OR VALID CLEARANCE ISSUED BY THE CITY OF NEW YORK PURSUANT
2 TO LOCAL LAW. PRIOR TO INITIATING THE FINGERPRINTING PROCESS, THE
3 DEPARTMENT SHALL FURNISH THE PROSPECTIVE EMPLOYEE WITH THE FORM
4 DESCRIBED IN PARAGRAPH (C) OF SUBDIVISION THIRTY OF SECTION THREE
5 HUNDRED FIVE OF THIS CHAPTER AND SHALL OBTAIN THE APPLICANT'S CONSENT TO
6 THE CRIMINAL HISTORY RECORDS SEARCH. EVERY SET OF FINGERPRINTS TAKEN
7 PURSUANT TO THIS SUBDIVISION SHALL BE PROMPTLY SUBMITTED TO THE COMMIS-
8 SIONER FOR PURPOSES OF CLEARANCE FOR EMPLOYMENT.
9 (II) NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, THE
10 COMMISSIONER MAY ESTABLISH PROCEDURES FOR THE CONDITIONAL APPOINTMENT OR
11 EMERGENCY CONDITIONAL APPOINTMENT OF PROSPECTIVE EMPLOYEES OF THE SCHOOL
12 BY THE DEPARTMENT TO THE SAME EXTENT AND UNDER THE SAME CONDITIONS AS A
13 BOARD OF EDUCATION OF A UNION FREE SCHOOL DISTRICT PURSUANT TO SUBDIVI-
14 SION THIRTY-NINE OF SECTION SEVENTEEN HUNDRED NINE OF THIS CHAPTER.
15 S 13. Paragraph (a) of subdivision 11 of section 4403 of the education
16 law, as amended by chapter 32 of the laws of 1992, is amended to read as
17 follows:
18 (a) consistent with appropriate collective bargaining agreements and
19 applicable provisions of the civil service law, the review and evalu-
20 ation of the backgrounds of and the information supplied by any person
21 applying to be an employee, a volunteer or consultant, which shall
22 include but not be limited to the following requirements: that the
23 applicant set forth his or her employment history, provide personal and
24 employment references, and relevant experiential and educational quali-
25 fications [and], sign a sworn statement indicating whether the appli-
26 cant, to the best of his or her knowledge has ever been convicted of a
27 crime in this state or any other jurisdiction AND, IN THE CASE OF A
28 PROSPECTIVE EMPLOYEE, BE FINGERPRINTED FOR PURPOSES OF A CRIMINAL HISTO-
29 RY BACKGROUND CHECK PURSUANT TO SUBDIVISION TWENTY OF THIS SECTION;
30 S 14. Section 4403 of the education law is amended by adding a new
31 subdivision 20 to read as follows:
32 20. A. THE COMMISSIONER SHALL REQUIRE, FOR PURPOSES OF A CRIMINAL
33 HISTORY RECORD CHECK, THE FINGERPRINTING OF ALL PROSPECTIVE EMPLOYEES OF
34 APPROVED PRIVATE RESIDENTIAL AND NON-RESIDENTIAL SCHOOLS WHICH ARE
35 LOCATED WITHIN THE STATE BY SUCH SCHOOLS PURSUANT TO SUBDIVISION THIRTY
36 OF SECTION THREE HUNDRED FIVE AND SECTION THREE THOUSAND THIRTY-FIVE OF
37 THIS CHAPTER, EXCEPT WHERE SUCH PROSPECTIVE EMPLOYEES HOLD VALID CLEAR-
38 ANCE PURSUANT TO SUCH SECTION THREE THOUSAND THIRTY-FIVE OR PURSUANT TO
39 SECTION THREE THOUSAND FOUR-B OF THIS CHAPTER OR SECTION FIVE HUNDRED
40 NINE-CC OR TWELVE HUNDRED TWENTY-NINE-D OF THE VEHICLE AND TRAFFIC LAW,
41 OR VALID CLEARANCE ISSUED BY THE CITY OF NEW YORK PURSUANT TO LOCAL LAW.
42 THE PROVISIONS OF THIS SUBDIVISION SHALL NOT APPLY TO PROGRAMS OPERATED
43 PURSUANT TO SECTION FORTY-FOUR HUNDRED EIGHT OF THIS ARTICLE BY A SCHOOL
44 DISTRICT OR BOARD OF COOPERATIVE EDUCATIONAL SERVICES. PRIOR TO INITIAT-
45 ING THE FINGERPRINTING PROCESS, THE SCHOOL SHALL FURNISH THE PROSPECTIVE
46 EMPLOYEE WITH THE FORM DESCRIBED IN PARAGRAPH (C) OF SUBDIVISION THIRTY
47 OF SECTION THREE HUNDRED FIVE OF THIS CHAPTER AND SHALL OBTAIN THE
48 APPLICANT'S CONSENT TO THE CRIMINAL HISTORY RECORDS SEARCH. EVERY SET OF
49 FINGERPRINTS TAKEN PURSUANT TO THIS SUBDIVISION SHALL BE PROMPTLY
50 SUBMITTED TO THE COMMISSIONER FOR PURPOSES OF CLEARANCE FOR EMPLOYMENT.
51 NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, THE COMMIS-
52 SIONER SHALL BE AUTHORIZED TO PROVIDE SUBSEQUENT CRIMINAL HISTORY
53 NOTIFICATIONS TO APPROVED PRIVATE SCHOOLS FOR THEIR EMPLOYEES.
54 B. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, THE
55 APPROVED PRIVATE SCHOOL MAY ESTABLISH PROCEDURES FOR THE CONDITIONAL
56 APPOINTMENT OR EMERGENCY CONDITIONAL APPOINTMENT OF PROSPECTIVE EMPLOY-
S. 951--B 8
1 EES OF THE SCHOOL TO THE SAME EXTENT AND UNDER THE SAME CONDITIONS AS A
2 BOARD OF EDUCATION OF A UNION FREE SCHOOL DISTRICT PURSUANT TO SUBDIVI-
3 SION THIRTY-NINE OF SECTION SEVENTEEN HUNDRED NINE OF THIS CHAPTER.
4 S 15. Section 4410 of the education law is amended by adding a new
5 subdivision 9-e to read as follows:
6 9-E. A. THE COMMISSIONER SHALL REQUIRE, FOR PURPOSES OF A CRIMINAL
7 HISTORY RECORD CHECK, THE FINGERPRINTING OF ALL PROSPECTIVE EMPLOYEES OF
8 APPROVED PROVIDERS OF SPECIAL SERVICES OR PROGRAMS THAT ARE LOCATED
9 WITHIN THE STATE PURSUANT TO SUBDIVISION THIRTY OF SECTION THREE HUNDRED
10 FIVE AND SECTION THREE THOUSAND THIRTY-FIVE OF THIS CHAPTER, EXCEPT
11 WHERE SUCH PROSPECTIVE EMPLOYEES HOLD VALID CLEARANCE PURSUANT TO SUCH
12 SECTION THREE THOUSAND THIRTY-FIVE OR PURSUANT TO SECTION THREE THOUSAND
13 FOUR-B OF THIS CHAPTER OR SECTION FIVE HUNDRED NINE-CC OR TWELVE HUNDRED
14 TWENTY-NINE-D OF THE VEHICLE AND TRAFFIC LAW OR A VALID CLEARANCE ISSUED
15 BY THE CITY OF NEW YORK PURSUANT TO LOCAL LAW. AN INDIVIDUAL WHO
16 PROVIDES RELATED SERVICES PURSUANT TO THIS SECTION SHALL BE DEEMED A
17 PROSPECTIVE EMPLOYEE FOR PURPOSES OF THIS SUBDIVISION AND SHALL BE
18 RESPONSIBLE FOR SUBMITTING HIS OR HER FINGERPRINTS TO THE COMMISSIONER
19 FOR PURPOSES OF RECEIVING CLEARANCE FOR EMPLOYMENT PRIOR TO HIS OR HER
20 INCLUSION ON A LIST OF RELATED SERVICE PROVIDERS MAINTAINED BY THE MUNI-
21 CIPALITY OR BOARD PURSUANT TO PARAGRAPH C OF SUBDIVISION NINE OF THIS
22 SECTION. PRIOR TO INITIATING THE FINGERPRINTING PROCESS, THE PROVIDER
23 SHALL FURNISH ITS PROSPECTIVE EMPLOYEE WITH THE FORM DESCRIBED IN PARA-
24 GRAPH (C) OF SUBDIVISION THIRTY OF SECTION THREE HUNDRED FIVE OF THIS
25 CHAPTER AND SHALL OBTAIN THE APPLICANT'S CONSENT TO THE CRIMINAL HISTORY
26 RECORDS SEARCH. EVERY SET OF FINGERPRINTS TAKEN PURSUANT TO THIS SUBDI-
27 VISION SHALL BE PROMPTLY SUBMITTED TO THE COMMISSIONER FOR PURPOSES OF
28 CLEARANCE FOR EMPLOYMENT. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO
29 THE CONTRARY, THE COMMISSIONER SHALL BE AUTHORIZED TO PROVIDE SUBSEQUENT
30 CRIMINAL HISTORY NOTIFICATIONS TO APPROVED PROVIDERS FOR THEIR EMPLOY-
31 EES. IN THE CASE OF A PROSPECTIVE EMPLOYEE WHO IS EMPLOYED BY THE CITY
32 SCHOOL DISTRICT OF THE CITY OF NEW YORK, THE COMMISSIONER SHALL BE
33 AUTHORIZED TO PROVIDE SUBSEQUENT CRIMINAL HISTORY NOTIFICATIONS DIRECTLY
34 TO THE CITY SCHOOL DISTRICT OF THE CITY OF NEW YORK.
35 B. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, THE
36 APPROVED PROVIDER MAY ESTABLISH PROCEDURES FOR THE CONDITIONAL APPOINT-
37 MENT OR EMERGENCY CONDITIONAL APPOINTMENT OF PROSPECTIVE EMPLOYEES OF
38 THE PROVIDER TO THE SAME EXTENT AND UNDER THE SAME CONDITIONS AS A BOARD
39 OF EDUCATION OF A UNION FREE SCHOOL DISTRICT PURSUANT TO SUBDIVISION
40 THIRTY-NINE OF SECTION SEVENTEEN HUNDRED NINE OF THIS CHAPTER.
41 C. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, THE
42 COMMISSIONER MAY ESTABLISH PROCEDURES FOR THE CONDITIONAL APPOINTMENT OR
43 EMERGENCY CONDITIONAL APPOINTMENT OF INDIVIDUALS WHO PROVIDE RELATED
44 SERVICES PURSUANT TO THIS SECTION TO THE SAME EXTENT AND UNDER THE SAME
45 CONDITIONS AS A BOARD OF EDUCATION OF A UNION FREE SCHOOL DISTRICT
46 PURSUANT TO SUBDIVISION THIRTY-NINE OF SECTION SEVENTEEN HUNDRED NINE OF
47 THIS CHAPTER. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRA-
48 RY, THE COMMISSIONER SHALL PROVIDE EACH MUNICIPALITY OR BOARD IN WHICH
49 SUCH INDIVIDUAL SEEKS TO BE INCLUDED ON A LIST OF RELATED SERVICES OR
50 SPECIAL EDUCATION ITINERANT SERVICES PROVIDERS WITH A COPY OF SUCH INDI-
51 VIDUAL'S CRIMINAL CLEARANCE OR DENIAL OF CRIMINAL CLEARANCE, AND IN THE
52 EVENT OF A DENIAL OF CLEARANCE, SUCH MUNICIPALITY OR BOARD SHALL REMOVE
53 THE INDIVIDUAL FROM SUCH LIST UNLESS CRIMINAL CLEARANCE IS SUBSEQUENTLY
54 ISSUED BY THE COMMISSIONER. NOTWITHSTANDING ANY OTHER PROVISION OF LAW
55 TO THE CONTRARY, THE COMMISSIONER SHALL BE AUTHORIZED TO PROVIDE SUBSE-
56 QUENT CRIMINAL HISTORY NOTIFICATIONS TO EACH MUNICIPALITY OR BOARD IN
S. 951--B 9
1 WHICH SUCH INDIVIDUAL IS INCLUDED ON A LIST OF RELATED SERVICE PROVID-
2 ERS.
3 S 16. Subdivisions 3 and 5 of section 1125 of the education law, as
4 added by chapter 180 of the laws of 2000, are amended to read as
5 follows:
6 3. "Employee" shall mean any person receiving compensation from a
7 school district, A SPECIAL EDUCATION SCHOOL DISTRICT AS DEFINED IN PARA-
8 GRAPH (F) OF SUBDIVISION THIRTY OF SECTION THREE HUNDRED FIVE OF THIS
9 CHAPTER, A SPECIAL ACT SCHOOL DISTRICT AS DEFINED IN PARAGRAPH (G) OF
10 SUBDIVISION THIRTY OF SECTION THREE HUNDRED FIVE OF THIS CHAPTER or
11 employee of a contracted service provider or worker placed within the
12 school under a public assistance employment program, pursuant to title
13 nine-B of article five of the social services law, and consistent with
14 the provisions of such title for the provision of services to such
15 district, its students or employees, directly or through contract,
16 whereby such services performed by such person involve direct student
17 contact.
18 5. "Educational setting" shall mean the building and grounds of a
19 public school district, A SPECIAL EDUCATION SCHOOL DISTRICT AS DEFINED
20 IN PARAGRAPH (F) OF SUBDIVISION THIRTY OF SECTION THREE HUNDRED FIVE OF
21 THIS CHAPTER, A SPECIAL ACT SCHOOL DISTRICT AS DEFINED IN PARAGRAPH (G)
22 OF SUBDIVISION THIRTY OF SECTION THREE HUNDRED FIVE OF THIS CHAPTER, the
23 vehicles provided by the school district, SPECIAL EDUCATION SCHOOL OR
24 SPECIAL ACT SCHOOL DISTRICT for the transportation of students to and
25 from school buildings, field trips, co-curricular and extra-curricular
26 activities both on and off school district grounds, all co-curricular
27 and extra-curricular activity sites, and any other location where direct
28 contact between an employee or volunteer and a child has allegedly
29 occurred.
30 S 17. Subdivision 3 of section 3035 of the education law, as amended
31 by section 8 of chapter 630 of the laws of 2006, is amended to read as
32 follows:
33 3. After receipt of a criminal history record from the division of
34 criminal justice services and the federal bureau of investigation the
35 commissioner shall promptly notify the appropriate school district,
36 charter school, board of cooperative educational services, SPECIAL
37 EDUCATION SCHOOL, SPECIAL ACT SCHOOL DISTRICT or nonpublic or private
38 elementary or secondary school whether the prospective employee to which
39 such report relates is cleared for employment based upon his or her
40 criminal history. All determinations to grant or deny clearance for
41 employment pursuant to this subdivision shall be performed in accordance
42 with subdivision sixteen of section two hundred ninety-six of the execu-
43 tive law and article twenty-three-A of the correction law. When the
44 commissioner denies a prospective employee clearance for employment,
45 such prospective employee shall be afforded notice and the right to be
46 heard and offer proof in opposition to such determination in accordance
47 with the regulations of the commissioner.
48 S 18. Section 12 of chapter 147 of the laws of 2001, amending the
49 education law relating to conditional appointment of school district,
50 charter school or BOCES employees, as amended by chapter 179 of the laws
51 of 2009, is amended to read as follows:
52 S 12. This act shall take effect on the same date as chapter 180 of
53 the laws of 2000 takes effect, and shall expire July 1, [2010] 2011 when
54 upon such date the provisions of this act shall be deemed repealed.
55 S 19. This act shall take effect immediately; provided that sections
56 four, seven, eight, nine, ten, eleven, twelve, thirteen, fourteen,
S. 951--B 10
1 fifteen and sixteen of this act shall take effect on the one hundred
2 eightieth day after it shall have become a law; provided further, that
3 the commissioner of education is authorized to promulgate any and all
4 rules and regulations and take any other measures necessary to implement
5 the provisions of this act on its effective date on or before such date;
6 provided further that the provisions of this act shall apply to prospec-
7 tive employees of special education schools or special act school
8 districts who are appointed on or after such effective date and to indi-
9 vidual providers of preschool related services who are placed on lists
10 maintained by the municipality pursuant to subdivision 9 of section 4410
11 of the education law on and after such effective date; provided further
12 that the amendment to paragraph (d) of subdivision 30 of section 305 of
13 the education law made by section three of this act shall not affect the
14 repeal of such paragraph and shall be deemed repealed therewith; and
15 provided further that the amendments to subdivision 3 of section 3035 of
16 the education law, made by section six of this act, shall be subject to
17 the expiration and reversion of such subdivision pursuant to section 12
18 of chapter 147 of the laws of 2001, as amended, when upon such date the
19 provisions of section seventeen of this act shall take effect.
