S T A T E O F N E W Y O R K ________________________________________________________________________ 3294 2009-2010 Regular Sessions I N S E N A T E March 13, 2009 ___________ Introduced by Sen. OPPENHEIMER -- (at request of the State Education Department) -- 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 the finger- printing of prospective employees of public or publicly-funded special education schools and prospective employees in the office of cultural education, for the purpose of conducting criminal history record checks; and making an appropriation therefor 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 of paragraph (b) 3 and subparagraph (i) of paragraph (b) as amended by chapter 630 of the 4 laws of 2006 and paragraph (b) as added by chapter 180 of the laws of 5 2000, are amended 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 boards 11 of cooperative educational services, AND SPECIAL EDUCATION SCHOOLS, and 12 authorizing the fingerprinting of prospective employees of nonpublic and 13 private elementary and secondary schools, and for the use of information 14 derived from searches of the records of the division of criminal justice 15 services and the federal bureau of investigation based on the use of 16 such fingerprints. The commissioner shall also develop a form for use by 17 school districts, charter schools, boards of cooperative educational 18 services, SPECIAL EDUCATION SCHOOLS and nonpublic and private elementary 19 and secondary schools in connection with the submission of fingerprints 20 that contains the specific job title sought and any other information 21 that may be relevant to consideration of the applicant. The commissioner 22 shall also establish a form for the recordation of allegations of child 23 abuse in an educational setting, as required pursuant to section eleven 24 hundred twenty-six of this chapter. No person who has been fingerprinted EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD09354-02-9 S. 3294 2 1 pursuant to section three thousand four-b of this chapter or pursuant to 2 section five hundred nine-cc or twelve hundred twenty-nine-d of the 3 vehicle and traffic law and whose fingerprints remain on file with the 4 division of criminal justice services shall be required to undergo fing- 5 erprinting for purposes of a new criminal history record check. This 6 subdivision and the rules and regulations promulgated pursuant thereto 7 shall not apply to a school district within a city with a population of 8 one million or more, OR TO SPECIAL EDUCATION SCHOOLS LOCATED WITHIN SUCH 9 CITY. 10 (b) The commissioner, in cooperation with the division of criminal 11 justice services, shall promulgate a form to be provided to all such 12 prospective employees of school districts, charter schools, boards of 13 cooperative educational services, SPECIAL EDUCATION SCHOOLS and nonpub- 14 lic and private elementary and secondary schools that elect to finger- 15 print and seek clearance for prospective employees that shall: 16 (i) inform the prospective employee that the commissioner is required 17 or authorized to request his or her criminal history information from 18 the division of criminal justice services and the federal bureau of 19 investigation and review such information pursuant to this section, and 20 provide a description of the manner in which his or her fingerprint 21 cards will be used upon submission to the division of criminal justice 22 services; 23 (ii) inform the prospective employee that he or she has the right to 24 obtain, review and seek correction of his or her criminal history infor- 25 mation pursuant to regulations and procedures established by the divi- 26 sion of criminal justice services. 27 S 2. Subparagraph (vii) of paragraph (c) of subdivision 30 of section 28 305 of the education law, as amended by chapter 630 of the laws of 2006, 29 is amended to read as follows: 30 (vii) been informed that in the event his or her employment is termi- 31 nated and such person has not become employed in the same or another 32 school district, charter school, board of cooperative educational 33 services, SPECIAL EDUCATION SCHOOL or nonpublic or private elementary or 34 secondary school within [twelve-months] TWELVE MONTHS of such termi- 35 nation, the commissioner shall notify the division of criminal justice 36 services of such termination, and the division of criminal justice 37 services shall destroy the fingerprints of such person. Such person may 38 request that the commissioner notify the division of criminal justice 39 services that his or her fingerprints shall be destroyed prior to the 40 expiration of such twelve month period in which case the commissioner 41 shall notify the division of criminal justice services and the division 42 shall destroy the fingerprints of such person promptly upon receipt of 43 the request; and 44 S 3. Paragraph (d) of subdivision 30 of section 305 of the education 45 law, as amended by chapter 630 of the laws of 2006, is amended to read 46 as follows: 47 (d) The commissioner shall develop forms to be provided to all school 48 districts, charter schools, boards of cooperative educational services, 49 SPECIAL EDUCATION SCHOOLS and to all nonpublic and private elementary 50 and secondary schools that elect to fingerprint their prospective 51 employees, to be completed and signed by prospective employees when 52 conditional appointment or emergency conditional appointment is offered. 53 S 4. Subdivision 30 of section 305 of the education law is amended by 54 adding a new paragraph (f) to read as follows: 55 (F) AS USED IN THIS SECTION AND SECTION THREE THOUSAND THIRTY-FIVE OF 56 THIS CHAPTER, "SPECIAL EDUCATION SCHOOL" SHALL MEAN A STATE SCHOOL OPER- S. 3294 3 1 ATED PURSUANT TO ARTICLE EIGHTY-SEVEN OR EIGHTY-EIGHT OF THIS CHAPTER, A 2 STATE-SUPPORTED SCHOOL OPERATED PURSUANT TO ARTICLE EIGHTY-FIVE OF THIS 3 CHAPTER, AN APPROVED PRIVATE NON-RESIDENTIAL OR RESIDENTIAL SCHOOL FOR 4 THE EDUCATION OF STUDENTS WITH DISABILITIES THAT IS LOCATED WITHIN THE 5 STATE, OR AN APPROVED PROVIDER OF PRESCHOOL SPECIAL EDUCATION SERVICES 6 OR PROGRAMS THAT IS LOCATED WITHIN THE STATE; PROVIDED THAT SUCH TERM 7 SHALL NOT APPLY TO A SCHOOL OR FACILITY OPERATED OR LICENSED BY A STATE 8 AGENCY OTHER THAN THE DEPARTMENT, UNLESS SUCH SCHOOL OR FACILITY IS ALSO 9 AN APPROVED PRIVATE SCHOOL FOR STUDENTS WITH DISABILITIES OR AN APPROVED 10 PROVIDER UNDER SECTION FORTY-FOUR HUNDRED TEN OF THIS CHAPTER. 11 S 5. Subdivisions 3, 4, 5 and 6 of section 1125 of the education law, 12 as added by chapter 180 of the laws of 2000, are amended and a new 13 subdivision 10 is added to read as follows: 14 3. "Employee" shall mean any person receiving compensation from a 15 school district, NON-RESIDENTIAL SPECIAL EDUCATION SCHOOL OR PROGRAM, or 16 employee of a contracted service provider or worker placed within the 17 school under a public assistance employment program, pursuant to title 18 nine-B of article five of the social services law, and consistent with 19 the provisions of such title for the provision of services to such 20 district, its students or employees, directly or through contract, 21 whereby such services performed by such person involve direct student 22 contact. 23 4. "Volunteer" shall mean any person, other than an employee, who 24 provides services to a school or school district OR NON-RESIDENTIAL 25 SPECIAL EDUCATION SCHOOL OR PROGRAM, which involve direct student 26 contact. 27 5. "Educational setting" shall mean the building and grounds of a 28 public school district, NON-RESIDENTIAL SPECIAL EDUCATION SCHOOL OR 29 PROGRAM, the vehicles provided by the school district for the transpor- 30 tation of students to and from school buildings, field trips, co-curri- 31 cular and extra-curricular activities both on and off school district 32 grounds, all co-curricular and extra-curricular activity sites, and any 33 other location where direct contact between an employee or volunteer and 34 a child has allegedly occurred, EXCEPT THAT SUCH TERM SHALL NOT APPLY TO 35 A RESIDENTIAL SCHOOL WITH CHILDREN IN RESIDENTIAL CARE, AS DEFINED IN 36 SUBDIVISION SEVEN OF SECTION FOUR HUNDRED TWELVE OF THE SOCIAL SERVICES 37 LAW, FOR WHOM ALLEGATIONS OF ABUSE OF A CHILD IN RESIDENTIAL CARE OR 38 NEGLECT OF A CHILD IN RESIDENTIAL CARE ARE SUBJECT TO MANDATORY REPORT- 39 ING TO THE STATEWIDE CENTRAL REGISTER OF CHILD ABUSE AND MALTREATMENT 40 PURSUANT TO TITLE SIX OF ARTICLE SIX OF THE SOCIAL SERVICES LAW. 41 6. "Administrator" or "school administrator" shall mean a principal of 42 a public school, NON-RESIDENTIAL SPECIAL EDUCATION SCHOOL OR PROGRAM, 43 charter school or board of cooperative educational services, or other 44 chief school officer. 45 10. "NON-RESIDENTIAL SPECIAL EDUCATION SCHOOL OR PROGRAM" SHALL MEAN A 46 STATE SUPPORTED SCHOOL OPERATED PURSUANT TO ARTICLE EIGHTY-FIVE OF THIS 47 CHAPTER THAT DOES NOT HAVE A RESIDENTIAL COMPONENT, AN APPROVED PRIVATE 48 NON-RESIDENTIAL SCHOOL FOR THE EDUCATION OF STUDENTS WITH DISABILITIES 49 THAT IS LOCATED WITHIN THE STATE, OR AN APPROVED PROVIDER OF PRESCHOOL 50 SPECIAL EDUCATION SERVICES OR PROGRAMS THAT IS LOCATED WITHIN THE STATE; 51 PROVIDED THAT SUCH TERM SHALL ALSO APPLY TO AN APPROVED PRIVATE RESIDEN- 52 TIAL SCHOOL OR APPROVED PROVIDER OF PRESCHOOL SPECIAL EDUCATION THAT 53 PROVIDES A RESIDENTIAL PROGRAM THAT ALSO PROVIDES A DAY PROGRAM OR OTHER 54 NON-RESIDENTIAL PROGRAM IF THE STUDENTS IN SUCH NON-RESIDENTIAL PROGRAM 55 ARE NOT "CHILDREN IN RESIDENTIAL CARE," AS DEFINED IN SUBDIVISION SEVEN 56 OF SECTION FOUR HUNDRED TWELVE OF THE SOCIAL SERVICES LAW, FOR WHOM S. 3294 4 1 ALLEGATIONS OF ABUSE OF A CHILD IN RESIDENTIAL CARE OR NEGLECT OF A 2 CHILD IN RESIDENTIAL CARE ARE SUBJECT TO MANDATORY REPORTING TO THE 3 STATEWIDE CENTRAL REGISTER OF CHILD ABUSE AND MALTREATMENT PURSUANT TO 4 TITLE SIX OF ARTICLE SIX OF THE SOCIAL SERVICES LAW. 5 S 6. Subdivision 2 of section 1126 of the education law, as added by 6 chapter 180 of the laws of 2000, is amended to read as follows: 7 2. [In] (A) EXCEPT AS OTHERWISE PROVIDED IN PARAGRAPH (B) OF THIS 8 SUBDIVISION, IN any case where it is alleged that a child was abused by 9 an employee or volunteer of a school other than a school within the 10 school district of the child's attendance, the report of such allega- 11 tions shall be promptly forwarded to the superintendent of schools of 12 the school district of the child's attendance and the school district 13 where the abuse allegedly occurred, whereupon both school superinten- 14 dents shall comply with sections eleven hundred twenty-eight and eleven 15 hundred twenty-eight-a of this article. 16 (B) IN THE CASE OF A NON-RESIDENTIAL SPECIAL EDUCATION SCHOOL, WHERE 17 IT IS ALLEGED THAT A CHILD WAS ABUSED BY AN EMPLOYEE OR VOLUNTEER OF 18 SUCH NON-RESIDENTIAL SPECIAL EDUCATION SCHOOL, THE REPORT OF SUCH ALLE- 19 GATIONS SHALL BE PROMPTLY FORWARDED TO THE ADMINISTRATOR OF SUCH SCHOOL, 20 WHO SHALL BE RESPONSIBLE FOR COMPLIANCE WITH ALL THE PROVISIONS OF THIS 21 ARTICLE THAT APPLY TO SUPERINTENDENTS OF SCHOOLS. 22 S 7. Subdivision 1 of section 1128-a of the education law, as added by 23 chapter 180 of the laws of 2000, is amended to read as follows: 24 1. Where a superintendent of schools OR SCHOOL ADMINISTRATOR forwards 25 to law enforcement a report as described in paragraph (a) of subdivision 26 one of section eleven hundred twenty-six of this article, he or she 27 shall refer such report to the commissioner where the employee or volun- 28 teer alleged to have committed an act of child abuse as defined in this 29 article holds a certification or license issued by the department. 30 S 8. Subdivision 3 of section 1133 of the education law, as added by 31 chapter 180 of the laws of 2000, is amended to read as follows: 32 3. Any superintendent of schools OR SCHOOL ADMINISTRATOR who reason- 33 ably and in good faith reports to law enforcement officials information 34 regarding allegations of child abuse or a resignation as required by 35 this article shall have immunity from any liability, civil or criminal, 36 which might otherwise result by reason of such actions. 37 S 9. Subdivision 1 of section 3035 of the education law, as amended by 38 chapter 630 of the laws of 2006, is amended to read as follows: 39 1. The commissioner shall submit to the division of criminal justice 40 services two sets of fingerprints of prospective employees as defined in 41 subdivision three of section eleven hundred twenty-five of this chapter 42 received from a school district, charter school or board of cooperative 43 educational services and of prospective employees received from nonpub- 44 lic and private elementary and secondary schools pursuant to title two 45 of this chapter OR A SPECIAL EDUCATION SCHOOL, AS DEFINED IN PARAGRAPH 46 (F) OF SUBDIVISION THIRTY OF SECTION THREE HUNDRED FIVE OF THIS CHAPTER, 47 PURSUANT TO TITLE SIX OF ARTICLE SIX OF THE SOCIAL SERVICES LAW, OTHER 48 THAN A SPECIAL EDUCATION SCHOOL LOCATED IN THE CITY OF NEW YORK, and the 49 division of criminal justice services processing fee imposed pursuant to 50 subdivision eight-a of section eight hundred thirty-seven of the execu- 51 tive law and any fee imposed by the federal bureau of investigation. The 52 division of criminal justice services and the federal bureau of investi- 53 gation shall forward such criminal history record to the commissioner in 54 a timely manner. For the purposes of this section, the term "criminal 55 history record" shall mean a record of all convictions of crimes and any 56 pending criminal charges maintained on an individual by the division of S. 3294 5 1 criminal justice services and the federal bureau of investigation. All 2 such criminal history records sent to the commissioner pursuant to this 3 subdivision shall be confidential pursuant to the applicable federal and 4 state laws, rules and regulations, and shall not be published or in any 5 way disclosed to persons other than the commissioner, unless otherwise 6 authorized by law. 7 S 10. Subdivisions 3 and 3-a of section 3035 of the education law, 8 subdivision 3 as amended by section 7 of chapter 630 of the laws of 2006 9 and subdivision 3-a as added by chapter 380 of the laws of 2001, are 10 amended to read as follows: 11 3. (a) Clearance. After receipt of a criminal history record from the 12 division of criminal justice services and the federal bureau of investi- 13 gation the commissioner shall promptly notify the appropriate school 14 district, charter school, board of cooperative educational services, 15 [or] nonpublic or private elementary or secondary school OR SPECIAL 16 EDUCATION SCHOOL whether the prospective employee to which such report 17 relates is cleared for employment based upon his or her criminal histo- 18 ry. All determinations to grant or deny clearance for employment pursu- 19 ant to this paragraph shall be performed in accordance with subdivision 20 sixteen of section two hundred ninety-six of the executive law and arti- 21 cle twenty-three-A of the correction law. When the commissioner denies a 22 prospective employee clearance for employment, such prospective employee 23 shall be afforded notice and the right to be heard and offer proof in 24 opposition to such determination in accordance with the regulations of 25 the commissioner, PROVIDED THAT IN THE CASE OF PROSPECTIVE EMPLOYEES OF 26 STATE SCHOOLS PURSUANT TO ARTICLE EIGHTY-SEVEN OR EIGHTY-EIGHT OF THIS 27 CHAPTER THE DUE PROCESS PROCEDURES ESTABLISHED BY THE COMMISSIONER 28 PURSUANT TO SECTION FIFTY OF THE CIVIL SERVICE LAW SHALL APPLY. 29 (b) Conditional clearance. When the commissioner receives a request 30 for a determination on the conditional clearance of a prospective 31 employee, the commissioner, after receipt of a criminal history record 32 from the division of criminal justice services, shall promptly notify 33 the prospective employee and the appropriate school district, charter 34 school, board of cooperative educational services, [or] nonpublic or 35 private elementary or secondary school OR SPECIAL EDUCATION SCHOOL that 36 the prospective employee to which such report relates is conditionally 37 cleared for employment based upon his or her criminal history or that 38 more time is needed to make the determination. If the commissioner 39 determines that more time is needed, the notification shall include a 40 good faith estimate of the amount of additional time needed. Such 41 notification shall be made within fifteen business days after the 42 commissioner receives the prospective employee's fingerprints. All 43 determinations to grant or deny conditional clearance for employment 44 pursuant to this paragraph shall be performed in accordance with subdi- 45 vision sixteen of section two hundred ninety-six of the executive law 46 and article twenty-three-A of the correction law. 47 3-a. Upon request from a prospective employee who has been cleared by 48 the commissioner for employment and/or certification, the commissioner 49 shall have the authority to forward a copy of such criminal history 50 record to the city school district of the city of New York by the most 51 expeditious means available. Furthermore, upon notification that such 52 prospective employee is employed by the city school district of the city 53 of New York OR IS EMPLOYED BY A SPECIAL EDUCATION SCHOOL THAT CONTRACTS 54 WITH THE CITY SCHOOL DISTRICT OF THE CITY OF NEW YORK, the division of 55 criminal justice services shall have the authority to provide subsequent 56 criminal history notifications directly to the city school district of S. 3294 6 1 the city of New York. Upon request from a prospective employee who has 2 been cleared for licensure and/or employment by the city school district 3 of the city of New York OR HAS BEEN CLEARED BY THE CITY OF NEW YORK FOR 4 EMPLOYMENT BY A SPECIAL EDUCATION SCHOOL THAT IS LOCATED OUTSIDE OF THE 5 CITY SCHOOL DISTRICT OF THE CITY OF NEW YORK, such school district OR 6 CITY shall have the authority to forward a copy of the prospective 7 employee's criminal history record to the commissioner, by the most 8 expeditious means available, for the purposes of this section. Further- 9 more, upon notification that such prospective employee is employed by a 10 school district outside the city of New York OR BY A SPECIAL EDUCATION 11 SCHOOL THAT IS LOCATED OUTSIDE OF THE CITY OF NEW YORK, the division of 12 criminal justice services shall have the authority to provide subsequent 13 criminal history notifications directly to the commissioner. 14 S 11. Subdivision 3 of section 3035 of the education law, as amended 15 by section 8 of chapter 630 of the laws of 2006, is amended to read as 16 follows: 17 3. After receipt of a criminal history record from the division of 18 criminal justice services and the federal bureau of investigation the 19 commissioner shall promptly notify the appropriate school district, 20 charter school, board of cooperative educational services, SPECIAL 21 EDUCATION SCHOOL or nonpublic or private elementary or secondary school 22 whether the prospective employee to which such report relates is cleared 23 for employment based upon his or her criminal history. All determi- 24 nations to grant or deny clearance for employment pursuant to this 25 subdivision shall be performed in accordance with subdivision sixteen of 26 section two hundred ninety-six of the executive law and article twenty- 27 three-A of the correction law. When the commissioner denies a prospec- 28 tive employee clearance for employment, such prospective employee shall 29 be afforded notice and the right to be heard and offer proof in oppo- 30 sition to such determination in accordance with the regulations of the 31 commissioner. 32 S 12. Paragraph (i) of subdivision (a) of section 4212 of the educa- 33 tion law, as amended by chapter 32 of the laws of 1992, is amended to 34 read as follows: 35 (i) consistent with appropriate collective bargaining agreements and 36 applicable provisions of the civil service law, the review and evalu- 37 ation of the backgrounds of and the information supplied by any person 38 applying to be an employee, a volunteer or consultant, which shall 39 include but not be limited to the following requirements: that the 40 applicant set forth his or her employment history, provide personal and 41 employment references, and relevant experiential and educational infor- 42 mation, [and] sign a sworn statement indicating whether the applicant, 43 to the best of his or her knowledge, has ever been convicted of a crime 44 in this state or any other jurisdiction AND, IN THE CASE OF A PROSPEC- 45 TIVE EMPLOYEE, BE FINGERPRINTED FOR PURPOSES OF A CRIMINAL HISTORY BACK- 46 GROUND CHECK PURSUANT TO SUBDIVISION (D) OF THIS SECTION; 47 S 13. Section 4212 of the education law is amended by adding a new 48 subdivision (d) to read as follows: 49 (D)(I) THE SCHOOL SHALL REQUIRE, FOR PURPOSES OF A CRIMINAL HISTORY 50 RECORD CHECK, THE FINGERPRINTING OF ALL PROSPECTIVE EMPLOYEES OF THE 51 SCHOOL PURSUANT TO SUBDIVISION THIRTY OF SECTION THREE HUNDRED FIVE AND 52 SECTION THREE THOUSAND THIRTY-FIVE OF THIS CHAPTER, EXCEPT WHERE SUCH 53 PROSPECTIVE EMPLOYEES HOLD VALID CLEARANCE PURSUANT TO SECTION THREE 54 THOUSAND THIRTY-FIVE OR SECTION THREE THOUSAND FOUR-B OF THIS CHAPTER OR 55 SECTION FIVE HUNDRED NINE-CC OR TWELVE HUNDRED TWENTY-NINE-D OF THE 56 VEHICLE AND TRAFFIC LAW, OR VALID CLEARANCE ISSUED BY THE CITY OF NEW S. 3294 7 1 YORK PURSUANT TO LOCAL LAW. PRIOR TO INITIATING THE FINGERPRINTING PROC- 2 ESS, THE SCHOOL SHALL FURNISH THE PROSPECTIVE EMPLOYEE WITH THE FORM 3 DESCRIBED IN PARAGRAPH (C) OF SUBDIVISION THIRTY OF SECTION THREE 4 HUNDRED FIVE OF THIS CHAPTER AND SHALL OBTAIN THE APPLICANT'S CONSENT TO 5 THE CRIMINAL HISTORY RECORDS SEARCH. EVERY SET OF FINGERPRINTS TAKEN 6 PURSUANT TO THIS SUBDIVISION SHALL BE PROMPTLY SUBMITTED TO THE COMMIS- 7 SIONER FOR PURPOSES OF CLEARANCE FOR EMPLOYMENT. NOTWITHSTANDING ANY 8 OTHER PROVISION OF LAW TO THE CONTRARY, THE COMMISSIONER SHALL BE 9 AUTHORIZED TO PROVIDE SUBSEQUENT CRIMINAL HISTORY NOTIFICATIONS TO THE 10 SCHOOL FOR ITS EMPLOYEES. 11 (II) NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, THE 12 SCHOOL MAY ESTABLISH PROCEDURES FOR THE CONDITIONAL APPOINTMENT OR EMER- 13 GENCY CONDITIONAL APPOINTMENT OF PROSPECTIVE EMPLOYEES OF THE SCHOOL TO 14 THE SAME EXTENT AND UNDER THE SAME CONDITIONS AS A BOARD OF EDUCATION OF 15 A UNION FREE SCHOOL DISTRICT PURSUANT TO SUBDIVISION THIRTY-NINE OF 16 SECTION SEVENTEEN HUNDRED NINE OF THIS CHAPTER. 17 S 14. Paragraph (i) of subdivision (a) of section 4314 of the educa- 18 tion law, as amended by chapter 32 of the laws of 1992, is amended to 19 read as follows: 20 (i) consistent with appropriate collective agreements and applicable 21 provisions of the civil service law, the review and evaluation of the 22 backgrounds of and the information supplied by any person applying to be 23 an employee, a volunteer or consultant, which shall include but not be 24 limited to the following requirements: that the applicant set forth his 25 or her employment history, provide personal and employment references, 26 and relevant experiential and educational information, [and] sign a 27 sworn statement indicating whether the applicant, to the best of his or 28 her knowledge, has ever been convicted of a crime in this state or any 29 other jurisdiction AND, IN THE CASE OF A PROSPECTIVE EMPLOYEE, BE FING- 30 ERPRINTED FOR PURPOSES OF A CRIMINAL HISTORY BACKGROUND CHECK PURSUANT 31 TO SUBDIVISION (D) OF THIS SECTION; 32 S 15. Section 4314 of the education law is amended by adding a new 33 subdivision (d) to read as follows: 34 (D)(I) THE DEPARTMENT SHALL REQUIRE, FOR PURPOSES OF A CRIMINAL HISTO- 35 RY RECORD CHECK, THE FINGERPRINTING OF ALL PROSPECTIVE EMPLOYEES OF THE 36 SCHOOL PURSUANT TO SUBDIVISION THIRTY OF SECTION THREE HUNDRED FIVE AND 37 SECTION THREE THOUSAND THIRTY-FIVE OF THIS CHAPTER, WHO DO NOT HOLD 38 VALID CLEARANCE PURSUANT TO SUCH SECTION THREE THOUSAND THIRTY-FIVE OR 39 PURSUANT TO SECTION THREE THOUSAND FOUR-B OF THIS CHAPTER OR SECTION 40 FIVE HUNDRED NINE-CC OR TWELVE HUNDRED TWENTY-NINE-D OF THE VEHICLE AND 41 TRAFFIC LAW, OR VALID CLEARANCE ISSUED BY THE CITY OF NEW YORK PURSUANT 42 TO LOCAL LAW. PRIOR TO INITIATING THE FINGERPRINTING PROCESS, THE 43 DEPARTMENT SHALL FURNISH THE PROSPECTIVE EMPLOYEE WITH THE FORM 44 DESCRIBED IN PARAGRAPH (C) OF SUBDIVISION THIRTY OF SECTION THREE 45 HUNDRED FIVE OF THIS CHAPTER AND SHALL OBTAIN THE APPLICANT'S CONSENT TO 46 THE CRIMINAL HISTORY RECORDS SEARCH. EVERY SET OF FINGERPRINTS TAKEN 47 PURSUANT TO THIS SUBDIVISION SHALL BE PROMPTLY SUBMITTED TO THE COMMIS- 48 SIONER FOR PURPOSES OF CLEARANCE FOR EMPLOYMENT. 49 (II) NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, THE 50 COMMISSIONER MAY ESTABLISH PROCEDURES FOR THE CONDITIONAL APPOINTMENT OR 51 EMERGENCY CONDITIONAL APPOINTMENT OF PROSPECTIVE EMPLOYEES OF THE SCHOOL 52 BY THE DEPARTMENT TO THE SAME EXTENT AND UNDER THE SAME CONDITIONS AS A 53 BOARD OF EDUCATION OF A UNION FREE SCHOOL DISTRICT PURSUANT TO SUBDIVI- 54 SION THIRTY-NINE OF SECTION SEVENTEEN HUNDRED NINE OF THIS CHAPTER. S. 3294 8 1 S 16. Paragraph (i) of subdivision (a) of section 4358 of the educa- 2 tion law, as amended by chapter 32 of the laws of 1992, is amended to 3 read as follows: 4 (i) consistent with appropriate collective bargaining agreements and 5 applicable provisions of the civil service law, the review and evalu- 6 ation of the backgrounds of and the information supplied by any person 7 applying to be an employee, a volunteer or consultant, which shall 8 include but not be limited to the following requirements: that the 9 applicant set forth his or her employment history, provide personal and 10 employment references and relevant experiential and educational informa- 11 tion, [and] sign a sworn statement indicating whether the applicant, to 12 the best of his or her knowledge, has ever been convicted of a crime in 13 this state or any other jurisdiction AND, IN THE CASE OF A PROSPECTIVE 14 EMPLOYEE, BE FINGERPRINTED FOR PURPOSES OF A CRIMINAL HISTORY BACKGROUND 15 CHECK PURSUANT TO SUBDIVISION (D) OF THIS SECTION; 16 S 17. Section 4358 of the education law is amended by adding a new 17 subdivision (d) to read as follows: 18 (D) (I) THE DEPARTMENT SHALL REQUIRE, FOR PURPOSES OF A CRIMINAL 19 HISTORY RECORD CHECK, THE FINGERPRINTING OF ALL PROSPECTIVE EMPLOYEES OF 20 THE SCHOOL PURSUANT TO SUBDIVISION THIRTY OF SECTION THREE HUNDRED FIVE 21 AND SECTION THREE THOUSAND THIRTY-FIVE OF THIS CHAPTER, WHO DO NOT HOLD 22 VALID CLEARANCE PURSUANT TO SUCH SECTION THREE THOUSAND THIRTY-FIVE OR 23 PURSUANT TO SECTION THREE THOUSAND FOUR-B OF THIS CHAPTER OR SECTION 24 FIVE HUNDRED NINE-CC OR TWELVE HUNDRED TWENTY-NINE-D OF THE VEHICLE AND 25 TRAFFIC LAW, OR VALID CLEARANCE ISSUED BY THE CITY OF NEW YORK PURSUANT 26 TO LOCAL LAW. PRIOR TO INITIATING THE FINGERPRINTING PROCESS, THE 27 DEPARTMENT SHALL FURNISH THE PROSPECTIVE EMPLOYEE WITH THE FORM 28 DESCRIBED IN PARAGRAPH (C) OF SUBDIVISION THIRTY OF SECTION THREE 29 HUNDRED FIVE OF THIS CHAPTER AND SHALL OBTAIN THE APPLICANT'S CONSENT TO 30 THE CRIMINAL HISTORY RECORDS SEARCH. EVERY SET OF FINGERPRINTS TAKEN 31 PURSUANT TO THIS SUBDIVISION SHALL BE PROMPTLY SUBMITTED TO THE COMMIS- 32 SIONER FOR PURPOSES OF CLEARANCE FOR EMPLOYMENT. 33 (II) NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, THE 34 COMMISSIONER MAY ESTABLISH PROCEDURES FOR THE CONDITIONAL APPOINTMENT OR 35 EMERGENCY CONDITIONAL APPOINTMENT OF PROSPECTIVE EMPLOYEES OF THE SCHOOL 36 BY THE DEPARTMENT TO THE SAME EXTENT AND UNDER THE SAME CONDITIONS AS A 37 BOARD OF EDUCATION OF A UNION FREE SCHOOL DISTRICT PURSUANT TO SUBDIVI- 38 SION THIRTY-NINE OF SECTION SEVENTEEN HUNDRED NINE OF THIS CHAPTER. 39 S 18. Paragraph (a) of subdivision 11 of section 4403 of the education 40 law, as amended by chapter 32 of the laws of 1992, is amended to read as 41 follows: 42 (a) consistent with appropriate collective bargaining agreements and 43 applicable provisions of the civil service law, the review and evalu- 44 ation of the backgrounds of and the information supplied by any person 45 applying to be an employee, a volunteer or consultant, which shall 46 include but not be limited to the following requirements: that the 47 applicant set forth his or her employment history, provide personal and 48 employment references, and relevant experiential and educational quali- 49 fications [and], sign a sworn statement indicating whether the appli- 50 cant, to the best of his or her knowledge has ever been convicted of a 51 crime in this state or any other jurisdiction AND, IN THE CASE OF A 52 PROSPECTIVE EMPLOYEE, BE FINGERPRINTED FOR PURPOSES OF A CRIMINAL HISTO- 53 RY BACKGROUND CHECK PURSUANT TO SUBDIVISION TWENTY-ONE OF THIS SECTION; 54 S 19. Section 4403 of the education law is amended by adding a new 55 subdivision 21 to read as follows: S. 3294 9 1 21. A. THE COMMISSIONER SHALL REQUIRE, FOR PURPOSES OF A CRIMINAL 2 HISTORY RECORD CHECK, THE FINGERPRINTING OF ALL PROSPECTIVE EMPLOYEES OF 3 APPROVED PRIVATE RESIDENTIAL AND NON-RESIDENTIAL SCHOOLS WHICH ARE 4 LOCATED WITHIN THE STATE BY SUCH SCHOOLS PURSUANT TO SUBDIVISION THIRTY 5 OF SECTION THREE HUNDRED FIVE AND SECTION THREE THOUSAND THIRTY-FIVE OF 6 THIS CHAPTER, EXCEPT WHERE SUCH PROSPECTIVE EMPLOYEES HOLD VALID CLEAR- 7 ANCE PURSUANT TO SUCH SECTION THREE THOUSAND THIRTY-FIVE OR PURSUANT TO 8 SECTION THREE THOUSAND FOUR-B OF THIS CHAPTER OR SECTION FIVE HUNDRED 9 NINE-CC OR TWELVE HUNDRED TWENTY-NINE-D OF THE VEHICLE AND TRAFFIC LAW, 10 OR VALID CLEARANCE ISSUED BY THE CITY OF NEW YORK PURSUANT TO LOCAL LAW. 11 THE PROVISIONS OF THIS SUBDIVISION SHALL NOT APPLY TO PROGRAMS OPERATED 12 PURSUANT TO SECTION FORTY-FOUR HUNDRED EIGHT OF THIS ARTICLE BY A SCHOOL 13 DISTRICT OR BOARD OF COOPERATIVE EDUCATIONAL SERVICES. PRIOR TO INITIAT- 14 ING THE FINGERPRINTING PROCESS, THE SCHOOL SHALL FURNISH THE PROSPECTIVE 15 EMPLOYEE WITH THE FORM DESCRIBED IN PARAGRAPH (C) OF SUBDIVISION THIRTY 16 OF SECTION THREE HUNDRED FIVE OF THIS CHAPTER AND SHALL OBTAIN THE 17 APPLICANT'S CONSENT TO THE CRIMINAL HISTORY RECORDS SEARCH. EVERY SET OF 18 FINGERPRINTS TAKEN PURSUANT TO THIS SUBDIVISION SHALL BE PROMPTLY 19 SUBMITTED TO THE COMMISSIONER FOR PURPOSES OF CLEARANCE FOR EMPLOYMENT. 20 NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, THE COMMIS- 21 SIONER SHALL BE AUTHORIZED TO PROVIDE SUBSEQUENT CRIMINAL HISTORY 22 NOTIFICATIONS TO APPROVED PRIVATE SCHOOLS FOR THEIR EMPLOYEES. 23 B. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, THE 24 APPROVED PRIVATE SCHOOL MAY ESTABLISH PROCEDURES FOR THE CONDITIONAL 25 APPOINTMENT OR EMERGENCY CONDITIONAL APPOINTMENT OF PROSPECTIVE EMPLOY- 26 EES OF THE SCHOOL TO THE SAME EXTENT AND UNDER THE SAME CONDITIONS AS A 27 BOARD OF EDUCATION OF A UNION FREE SCHOOL DISTRICT PURSUANT TO SUBDIVI- 28 SION THIRTY-NINE OF SECTION SEVENTEEN HUNDRED NINE OF THIS CHAPTER. 29 S 20. Section 4410 of the education law is amended by adding a new 30 subdivision 9-e to read as follows: 31 9-E. CRIMINAL HISTORY RECORD CHECK. A. THE COMMISSIONER SHALL 32 REQUIRE, FOR PURPOSES OF A CRIMINAL HISTORY RECORD CHECK, THE FINGER- 33 PRINTING OF ALL PROSPECTIVE EMPLOYEES OF APPROVED PROVIDERS OF SPECIAL 34 SERVICES OR PROGRAMS THAT ARE LOCATED WITHIN THE STATE PURSUANT TO 35 SUBDIVISION THIRTY OF SECTION THREE HUNDRED FIVE AND SECTION THREE THOU- 36 SAND THIRTY-FIVE OF THIS CHAPTER, EXCEPT WHERE SUCH PROSPECTIVE EMPLOY- 37 EES HOLD VALID CLEARANCE PURSUANT TO SECTION THREE THOUSAND THIRTY-FIVE 38 OR THREE THOUSAND FOUR-B OF THIS CHAPTER OR SECTION FIVE HUNDRED NINE-CC 39 OR TWELVE HUNDRED TWENTY-NINE-D OF THE VEHICLE AND TRAFFIC LAW OR A 40 VALID CLEARANCE ISSUED BY THE CITY OF NEW YORK PURSUANT TO LOCAL LAW. AN 41 INDIVIDUAL WHO PROVIDES RELATED SERVICES PURSUANT TO THIS SECTION SHALL 42 BE DEEMED A PROSPECTIVE EMPLOYEE FOR PURPOSES OF THIS SUBDIVISION AND 43 SHALL BE RESPONSIBLE FOR SUBMITTING HIS OR HER FINGERPRINTS TO THE 44 COMMISSIONER FOR PURPOSES OF RECEIVING CLEARANCE FOR EMPLOYMENT PRIOR TO 45 HIS OR HER INCLUSION ON A LIST OF RELATED SERVICE PROVIDERS MAINTAINED 46 BY THE MUNICIPALITY OR BOARD PURSUANT TO PARAGRAPH C OF SUBDIVISION NINE 47 OF THIS SECTION. PRIOR TO INITIATING THE FINGERPRINTING PROCESS, THE 48 PROVIDER SHALL FURNISH ITS PROSPECTIVE EMPLOYEE WITH THE FORM DESCRIBED 49 IN PARAGRAPH (C) OF SUBDIVISION THIRTY OF SECTION THREE HUNDRED FIVE OF 50 THIS CHAPTER AND SHALL OBTAIN THE APPLICANT'S CONSENT TO THE CRIMINAL 51 HISTORY RECORDS SEARCH. EVERY SET OF FINGERPRINTS TAKEN PURSUANT TO THIS 52 SUBDIVISION SHALL BE PROMPTLY SUBMITTED TO THE COMMISSIONER FOR PURPOSES 53 OF CLEARANCE FOR EMPLOYMENT. NOTWITHSTANDING ANY OTHER PROVISION OF LAW 54 TO THE CONTRARY, THE COMMISSIONER SHALL BE AUTHORIZED TO PROVIDE SUBSE- 55 QUENT CRIMINAL HISTORY NOTIFICATIONS TO APPROVED PROVIDERS FOR THEIR 56 EMPLOYEES. IN THE CASE OF A PROSPECTIVE EMPLOYEE WHO IS EMPLOYED BY THE S. 3294 10 1 CITY SCHOOL DISTRICT OF THE CITY OF NEW YORK, THE COMMISSIONER SHALL BE 2 AUTHORIZED TO PROVIDE SUBSEQUENT CRIMINAL HISTORY NOTIFICATIONS DIRECTLY 3 TO THE CITY SCHOOL DISTRICT OF THE CITY OF NEW YORK. 4 B. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, THE 5 APPROVED PROVIDER MAY ESTABLISH PROCEDURES FOR THE CONDITIONAL APPOINT- 6 MENT OR EMERGENCY CONDITIONAL APPOINTMENT OF PROSPECTIVE EMPLOYEES OF 7 THE PROVIDER TO THE SAME EXTENT AND UNDER THE SAME CONDITIONS AS A BOARD 8 OF EDUCATION OF A UNION FREE SCHOOL DISTRICT PURSUANT TO SUBDIVISION 9 THIRTY-NINE OF SECTION SEVENTEEN HUNDRED NINE OF THIS CHAPTER. 10 C. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, THE 11 COMMISSIONER MAY ESTABLISH PROCEDURES FOR THE CONDITIONAL APPOINTMENT OR 12 EMERGENCY CONDITIONAL APPOINTMENT OF INDIVIDUALS WHO PROVIDE RELATED 13 SERVICES PURSUANT TO THIS SECTION TO THE SAME EXTENT AND UNDER THE SAME 14 CONDITIONS AS A BOARD OF EDUCATION OF A UNION FREE SCHOOL DISTRICT 15 PURSUANT TO SUBDIVISION THIRTY-NINE OF SECTION SEVENTEEN HUNDRED NINE OF 16 THIS CHAPTER. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRA- 17 RY, THE COMMISSIONER SHALL PROVIDE EACH MUNICIPALITY OR BOARD IN WHICH 18 SUCH INDIVIDUAL SEEKS TO BE INCLUDED ON A LIST OF RELATED SERVICES OR 19 SPECIAL EDUCATION ITINERANT SERVICES PROVIDERS WITH A COPY OF SUCH INDI- 20 VIDUAL'S CRIMINAL CLEARANCE OR DENIAL OF CRIMINAL CLEARANCE, AND IN THE 21 EVENT OF A DENIAL OF CLEARANCE, SUCH MUNICIPALITY OR BOARD SHALL REMOVE 22 THE INDIVIDUAL FROM SUCH LIST UNLESS CRIMINAL CLEARANCE IS SUBSEQUENTLY 23 ISSUED BY THE COMMISSIONER. NOTWITHSTANDING ANY OTHER PROVISION OF LAW 24 TO THE CONTRARY, THE COMMISSIONER SHALL BE AUTHORIZED TO PROVIDE SUBSE- 25 QUENT CRIMINAL HISTORY NOTIFICATIONS TO EACH MUNICIPALITY OR BOARD IN 26 WHICH SUCH INDIVIDUAL IS INCLUDED ON A LIST OF RELATED SERVICE PROVID- 27 ERS. 28 S 21. The education law is amended by adding a new section 276-a to 29 read as follows: 30 S 276-A. CRIMINAL HISTORY RECORD CHECKS OF PROSPECTIVE EMPLOYEES AND 31 VOLUNTEERS WORKING IN THE OFFICE OF CULTURAL EDUCATION. 1. AS USED IN 32 THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS, 33 EXCEPT WHERE THE CONTEXT INDICATES A DIFFERENT MEANING: 34 A. "CHILDREN" SHALL MEAN A MINOR OR INFANT AS DEFINED IN SUBDIVISION 35 EIGHTEEN OF SECTION TWO OF THIS TITLE. 36 B. "CRIMINAL HISTORY RECORD" SHALL MEAN A RECORD OF ALL CONVICTIONS OF 37 CRIMES AND ANY PENDING CRIMINAL CHARGES MAINTAINED ON AN INDIVIDUAL BY 38 THE DIVISION OF CRIMINAL JUSTICE SERVICES AND THE FEDERAL BUREAU OF 39 INVESTIGATION. 40 C. "EMPLOYEE" SHALL MEAN: 41 (I) ANY EMPLOYEE OF THE DEPARTMENT WHO IS OR WILL BE ASSIGNED TO WORK 42 IN THE OFFICE OF CULTURAL EDUCATION OR A FACILITY HOUSING A PART OF SUCH 43 OFFICE; 44 (II) AN EMPLOYEE OF THE UNIVERSITY OF THE STATE OF NEW YORK, ARCHIVES 45 PARTNERSHIP TRUST OR OTHER ORGANIZATION AFFILIATED WITH THE DEPARTMENT 46 WHO IS ASSIGNED TO WORK IN THE OFFICE OF CULTURAL EDUCATION OR A FACILI- 47 TY HOUSING A PART OF SUCH OFFICE WHOSE SERVICES INVOLVE UNSUPERVISED 48 DIRECT CONTACT WITH CHILDREN OR UNSUPERVISED ACCESS TO COLLECTIONS; 49 (III) A CONTRACTED SERVICE PROVIDER OR AN EMPLOYEE OF A CONTRACTED 50 SERVICE PROVIDER WHO PROVIDES SERVICES IN A FACILITY HOUSING ANY PART OF 51 THE OFFICE OF CULTURAL EDUCATION AND WHOSE SERVICES INVOLVE UNSUPERVISED 52 DIRECT CONTACT WITH CHILDREN OR UNSUPERVISED ACCESS TO COLLECTIONS. 53 D. "OFFICE OF CULTURAL EDUCATION" MEANS THE DIVISION OF THE DEPART- 54 MENT, HEADED BY A DEPUTY COMMISSIONER, THAT HAS ADMINISTRATIVE RESPONSI- 55 BILITY OVER THE STATE MUSEUM, STATE LIBRARY, STATE ARCHIVES AND THE S. 3294 11 1 STATE SCIENCE SERVICE, OR ANY SUCCESSOR DIVISION OF THE DEPARTMENT THAT 2 HAS ADMINISTRATIVE RESPONSIBILITY OVER ONE OR MORE OF SUCH OFFICES. 3 E. "PROSPECTIVE EMPLOYEE" MEANS A CANDIDATE FOR EMPLOYMENT WHO WILL BE 4 HIRED ON OR AFTER THE EFFECTIVE DATE OF THIS SECTION, OR AN EMPLOYEE WHO 5 IS TRANSFERRED OR FIRST ASSIGNED ON OR AFTER THE EFFECTIVE DATE OF THIS 6 SECTION TO WORK OR PROVIDE SERVICES IN THE OFFICE OF CULTURAL EDUCATION 7 OR A FACILITY HOUSING A PART OF SUCH OFFICE. 8 F. "VOLUNTEER" SHALL MEAN ANY PERSON, OTHER THAN AN OFFICER OR EMPLOY- 9 EE OF THE STATE, WHO PROVIDES SERVICES TO THE OFFICE OF CULTURAL EDUCA- 10 TION OR IN A FACILITY HOUSING A PART OF SUCH OFFICE ON MORE THAN AN 11 INCIDENTAL BASIS, AS DEFINED IN THE REGULATIONS OF THE COMMISSIONER, AND 12 WHOSE SERVICES INVOLVE UNSUPERVISED DIRECT CONTACT WITH CHILDREN OR 13 UNSUPERVISED ACCESS TO COLLECTIONS. 14 2. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, RULE OR REGULATION TO 15 THE CONTRARY, THE COMMISSIONER SHALL BE AUTHORIZED, AND IT SHALL BE THE 16 COMMISSIONER'S DUTY, TO REQUIRE THE FINGERPRINTING OF PROSPECTIVE 17 EMPLOYEES AND VOLUNTEERS, FOR THE PURPOSE OF CONDUCTING A CRIMINAL 18 HISTORY RECORD CHECK PURSUANT TO THE PROVISIONS OF THIS SECTION AND THE 19 REGULATIONS OF THE COMMISSIONER ADOPTED TO IMPLEMENT THIS SECTION; 20 EXCEPT THAT AN INDIVIDUAL WHO HOLDS A VALID CLEARANCE UNDER ANY 21 PROVISION OF LAW THAT REQUIRES A CRIMINAL HISTORY RECORD CHECK THROUGH 22 THE DIVISION OF CRIMINAL JUSTICE SERVICES AND THE FEDERAL BUREAU OF 23 INVESTIGATION SHALL NOT BE REQUIRED TO UNDERGO A NEW CRIMINAL HISTORY 24 RECORD CHECK PURSUANT TO THIS SECTION, PROVIDED THAT THE DEPARTMENT HAS 25 ACCESS TO THE INDIVIDUAL'S CRIMINAL HISTORY RECORD OR DETERMINES THAT 26 SUCH ACCESS IS NOT NECESSARY BECAUSE THE POSITION THE INDIVIDUAL WOULD 27 HOLD IN THE OFFICE OF CULTURAL EDUCATION IS COMPARABLE TO THE POSITION 28 FOR WHICH THE PRIOR CRIMINAL HISTORY RECORD CHECK WAS CONDUCTED OR 29 BECAUSE SUCH PRIOR CRIMINAL HISTORY RECORD CHECK WAS CONDUCTED TO OBTAIN 30 A STATE LICENSE THAT IS ALSO REQUIRED FOR SERVICE IN THE POSITION IN THE 31 OFFICE OF CULTURAL EDUCATION. 32 3. A. TO OBTAIN A CRIMINAL HISTORY RECORD, THE COMMISSIONER SHALL 33 SUBMIT TO THE DIVISION OF CRIMINAL JUSTICE SERVICES TWO SETS OF FINGER- 34 PRINTS OF EACH PROSPECTIVE EMPLOYEE OR VOLUNTEER, AND THE DIVISION OF 35 CRIMINAL JUSTICE SERVICES PROCESSING FEE IMPOSED PURSUANT TO SUBDIVISION 36 EIGHT-A OF SECTION EIGHT HUNDRED THIRTY-SEVEN OF THE EXECUTIVE LAW AND 37 ANY FEE IMPOSED BY THE FEDERAL BUREAU OF INVESTIGATION. THE DIVISION OF 38 CRIMINAL JUSTICE SERVICES AND THE FEDERAL BUREAU OF INVESTIGATION SHALL 39 FORWARD SUCH CRIMINAL HISTORY RECORD TO THE COMMISSIONER IN A TIMELY 40 MANNER. ALL SUCH CRIMINAL HISTORY RECORDS SENT TO THE COMMISSIONER 41 PURSUANT TO THIS SECTION SHALL BE CONFIDENTIAL PURSUANT TO THE APPLICA- 42 BLE FEDERAL AND STATE LAWS, RULES AND REGULATIONS, AND SHALL NOT BE 43 PUBLISHED OR IN ANY WAY DISCLOSED TO PERSONS OTHER THAN OFFICERS OR 44 EMPLOYEES OF THE DEPARTMENT UNLESS OTHERWISE AUTHORIZED BY LAW. 45 B. NO CAUSE OF ACTION AGAINST THE COMMISSIONER, THE DEPARTMENT OR THE 46 DIVISION OF CRIMINAL JUSTICE SERVICES, OR THEIR OFFICERS OR EMPLOYEES, 47 FOR DAMAGES RELATED TO THE DISSEMINATION OF CRIMINAL HISTORY RECORDS 48 PURSUANT TO THIS SECTION SHALL EXIST WHEN THE COMMISSIONER, DEPARTMENT 49 OR DIVISION OF CRIMINAL JUSTICE SERVICES, OR OFFICER OR EMPLOYEE HAS 50 REASONABLY AND IN GOOD FAITH RELIED UPON THE ACCURACY AND COMPLETENESS 51 OF CRIMINAL HISTORY INFORMATION FURNISHED BY QUALIFIED AGENCIES. 52 4. AFTER REVIEW OF A CRIMINAL HISTORY RECORD FROM THE DIVISION OF 53 CRIMINAL JUSTICE SERVICES AND THE FEDERAL BUREAU OF INVESTIGATION, THE 54 COMMISSIONER SHALL PROMPTLY DETERMINE WHETHER THE PROSPECTIVE EMPLOYEE 55 OR VOLUNTEER TO WHICH SUCH REPORT RELATES IS CLEARED TO PROVIDE SERVICES 56 IN THE OFFICE OF CULTURAL EDUCATION BASED UPON HIS OR HER CRIMINAL S. 3294 12 1 HISTORY. ALL DETERMINATIONS TO GRANT OR DENY CLEARANCE PURSUANT TO THIS 2 SUBDIVISION SHALL BE PERFORMED IN ACCORDANCE WITH SUBDIVISION SIXTEEN OF 3 SECTION TWO HUNDRED NINETY-SIX OF THE EXECUTIVE LAW AND ARTICLE TWENTY- 4 THREE-A OF THE CORRECTION LAW. WHEN THE COMMISSIONER DENIES A PROSPEC- 5 TIVE EMPLOYEE CLEARANCE FOR EMPLOYMENT, SUCH PROSPECTIVE EMPLOYEE OR 6 VOLUNTEER SHALL BE AFFORDED NOTICE AND THE RIGHT TO BE HEARD AND OFFER 7 PROOF IN OPPOSITION TO SUCH DETERMINATION IN ACCORDANCE WITH THE REGU- 8 LATIONS OF THE COMMISSIONER, WHICH SHALL BE CONSISTENT WITH THE DUE 9 PROCESS PROCEDURES ESTABLISHED BY THE COMMISSIONER PURSUANT TO SECTION 10 FIFTY OF THE CIVIL SERVICE LAW. 11 5. NOTWITHSTANDING ANY OTHER PROVISION OF THIS SECTION TO THE CONTRA- 12 RY, WHERE A DELAY IN COMPLETING A CRIMINAL HISTORY RECORD CHECK WOULD 13 IMPAIR THE ABILITY OF THE OFFICE OF CULTURAL EDUCATION TO MAINTAIN 14 SERVICES, THE COMMISSIONER SHALL BE AUTHORIZED TO CONDITIONALLY APPOINT, 15 ASSIGN OR TRANSFER A PROSPECTIVE EMPLOYEE TO PROVIDE SERVICES IN THE 16 OFFICE OF CULTURAL EDUCATION OR TO AUTHORIZE A VOLUNTEER TO PROVIDE SUCH 17 SERVICES, UPON THE CONDITION THAT SUCH INDIVIDUAL OBTAINS FULL CLEARANCE 18 PURSUANT TO THIS SECTION. PRIOR TO MAKING SUCH CONDITIONAL APPOINTMENT, 19 ASSIGNMENT OR TRANSFER OF A PROSPECTIVE EMPLOYEE, OR AUTHORIZING SUCH A 20 VOLUNTEER TO PROVIDE SERVICES, THE COMMISSIONER SHALL SUBMIT SUCH INDI- 21 VIDUAL'S FINGERPRINTS TO THE DIVISION OF CRIMINAL JUSTICE SERVICES 22 PURSUANT TO SUBDIVISION THREE OF THIS SECTION AND SHALL OBTAIN A SIGNED 23 STATEMENT FROM THE INDIVIDUAL INDICATING WHETHER, TO THE BEST OF HIS OR 24 HER KNOWLEDGE, HE OR SHE HAS A PENDING CRIMINAL CHARGE OR CRIMINAL 25 CONVICTION IN ANY JURISDICTION. THE COMMISSIONER SHALL ESTABLISH POLI- 26 CIES AND PROCEDURES TO ASSURE THAT CHILDREN AND THE COLLECTIONS ARE 27 PROTECTED PRIOR TO THE TIME THE INDIVIDUAL RECEIVES CLEARANCE, THROUGH 28 SUCH MEANS AS PROHIBITING UNSUPERVISED CONTACT WITH CHILDREN OR THE 29 COLLECTIONS. THE CONDITIONAL APPOINTMENT, TRANSFER, ASSIGNMENT OR 30 AUTHORIZATION SHALL TERMINATE IF THE COMMISSIONER DENIES CLEARANCE TO 31 THE INDIVIDUAL, AND IF THE COMMISSIONER GRANTS CLEARANCE, THE APPOINT- 32 MENT, TRANSFER, ASSIGNMENT OR AUTHORIZATION SHALL CONTINUE, AND THE 33 CONDITIONAL STATUS SHALL BE REMOVED, PROVIDED THAT NOTHING IN THIS 34 SUBDIVISION SHALL BE CONSTRUED TO MAKE THE APPOINTMENT OR TRANSFER 35 PERMANENT TO OTHERWISE CONFER GREATER RIGHTS ON A PROSPECTIVE EMPLOYEE 36 THAN SUCH EMPLOYEE WOULD HAVE HAD IF THE EMPLOYEE HAD NOT BEEN CONDI- 37 TIONALLY APPOINTED, TRANSFERRED OR ASSIGNED. 38 6. NOTWITHSTANDING ANY LAW, RULE OR REGULATION TO THE CONTRARY, UPON 39 DENIAL OF CLEARANCE BY THE COMMISSIONER OR UPON REFUSAL TO BE FINGER- 40 PRINTED, A PROSPECTIVE EMPLOYEE SHALL BE DISQUALIFIED FOR APPOINTMENT TO 41 THE POSITION SOUGHT IN THE OFFICE OF CULTURAL EDUCATION OR, WHERE APPLI- 42 CABLE, FOR TRANSFER OR ASSIGNMENT TO SUCH POSITION IN SUCH OFFICE. UPON 43 DENIAL OF CLEARANCE TO A VOLUNTEER OR UPON THE VOLUNTEER'S REFUSAL TO BE 44 FINGERPRINTED, THE COMMISSIONER SHALL NOT ALLOW SUCH VOLUNTEER TO 45 PROVIDE SERVICES IN THE OFFICE OF CULTURAL EDUCATION. 46 7. THE COMMISSIONER SHALL: 47 A. INFORM EACH PROSPECTIVE EMPLOYEE AND VOLUNTEER THAT THE COMMISSION- 48 ER IS REQUIRED TO REQUEST HIS OR HER CRIMINAL HISTORY RECORD FROM THE 49 DIVISION OF CRIMINAL JUSTICE SERVICES AND THE FEDERAL BUREAU OF INVESTI- 50 GATION AND REVIEW SUCH INFORMATION PURSUANT TO THIS SECTION, AND SHALL 51 PROVIDE A DESCRIPTION OF THE MANNER IN WHICH HIS OR HER FINGERPRINT 52 CARDS WILL BE USED UPON SUBMISSION TO THE DIVISION OF CRIMINAL JUSTICE 53 SERVICES; 54 B. INFORM THE PROSPECTIVE EMPLOYEE OR VOLUNTEER THAT HE OR SHE HAS THE 55 RIGHT TO OBTAIN, REVIEW AND SEEK CORRECTION OF HIS OR HER CRIMINAL S. 3294 13 1 HISTORY RECORD PURSUANT TO REGULATIONS AND PROCEDURES ESTABLISHED BY THE 2 DIVISION OF CRIMINAL JUSTICE SERVICES; AND 3 C. OBTAIN THE SIGNED, INFORMED CONSENT OF THE PROSPECTIVE EMPLOYEE ON 4 A FORM THAT INDICATES THAT SUCH PERSON HAS: 5 (I) BEEN INFORMED OF THE RIGHT AND PROCEDURES NECESSARY TO OBTAIN, 6 REVIEW AND SEEK CORRECTION OF HIS OR HER CRIMINAL HISTORY INFORMATION; 7 (II) BEEN INFORMED OF THE REASON FOR THE REQUEST FOR HIS OR HER CRIMI- 8 NAL HISTORY RECORD; 9 (III) CONSENTED TO SUCH REQUEST FOR A CRIMINAL HISTORY RECORD; 10 (IV) SUPPLIED ON THE FORM A CURRENT MAILING OR HOME ADDRESS FOR THE 11 PROSPECTIVE EMPLOYEE OR VOLUNTEER; 12 (V) IN THE CASE OF A PROSPECTIVE EMPLOYEE, BEEN INFORMED THAT HE OR 13 SHE MAY WITHDRAW HIS OR HER APPLICATION FOR EMPLOYMENT PURSUANT TO THIS 14 SECTION OR A REQUEST FOR TRANSFER OR ASSIGNMENT TO THE OFFICE OF 15 CULTURAL EDUCATION, WITHOUT PREJUDICE, AT ANY TIME BEFORE EMPLOYMENT, A 16 TRANSFER OR ASSIGNMENT IS OFFERED OR DECLINED, REGARDLESS OF WHETHER THE 17 PROSPECTIVE EMPLOYEE OR EMPLOYER HAS REVIEWED SUCH PROSPECTIVE EMPLOY- 18 EE'S CRIMINAL HISTORY RECORD; AND 19 (VI) BEEN INFORMED OF THE MANNER IN WHICH HE OR SHE MAY SUBMIT TO THE 20 COMMISSIONER ANY INFORMATION THAT MAY BE RELEVANT TO THE CONSIDERATION 21 OF HIS OR HER APPLICATION FOR CLEARANCE INCLUDING, WHERE APPLICABLE, 22 INFORMATION IN REGARD TO HIS OR HER GOOD CONDUCT AND REHABILITATION. 23 8. THE COMMISSIONER SHALL BE AUTHORIZED TO PROMULGATE ANY REGULATIONS 24 NECESSARY TO IMPLEMENT THE PROVISIONS OF THIS SECTION. 25 S 22. The sum of two hundred fifty thousand dollars ($250,000), or so 26 much thereof as may be necessary, is hereby appropriated to the educa- 27 tion department out of any moneys in the state treasury in the general 28 fund to the credit of the state operations account, not otherwise appro- 29 priated, for the purpose of carrying out the provisions of this act. 30 Such moneys shall be payable on the audit and warrant of the state comp- 31 troller on vouchers certified or approved by the commissioner of educa- 32 tion in the manner prescribed by law. 33 S 23. This act shall take effect on the one hundred eightieth day 34 after it shall have become a law; provided that section twenty-two of 35 this act shall take effect immediately; provided further, that the 36 commissioner of education is authorized to promulgate any and all rules 37 and regulations and take any other measures necessary to implement the 38 provisions of this act on its effective date on or before such date; 39 provided further that the provisions of sections one, two, three, four, 40 nine, ten, eleven, twelve, thirteen, fourteen, fifteen, sixteen, seven- 41 teen, eighteen, nineteen, twenty and twenty-two of this act shall apply 42 to prospective employees of special education schools who are appointed 43 on or after such effective date, to individual providers of preschool 44 related services who are placed on lists maintained by the municipality 45 pursuant to subdivision 9 of section 4410 of the education law on and 46 after such effective date; provided further that the provisions of 47 section twenty-one of this act shall apply to prospective employees and 48 volunteers working in the office of cultural education who are appointed 49 on or after such effective date; provided further that the amendment to 50 paragraph (d) of subdivision 30 of section 305 of the education law made 51 by section three of this act shall not affect the repeal of such para- 52 graph and shall be deemed repealed therewith; and provided further that 53 the amendments to subdivision 3 of section 3035 of the education law, 54 made by section ten of this act, shall be subject to the expiration and 55 reversion of such subdivision pursuant to section 12 of chapter 147 of S. 3294 14 1 the laws of 2001, as amended, when upon such date the provisions of 2 section eleven of this act shall take effect.