Bill Text: NY S03335 | 2019-2020 | 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 2-0)

Status: (Engrossed) 2019-06-04 - referred to education [S03335 Detail]

Download: New_York-2019-S03335-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
            S. 3335                                                  A. 4652
                               2019-2020 Regular Sessions
                SENATE - ASSEMBLY
                                    February 5, 2019
                                       ___________
        IN  SENATE  --  Introduced  by  Sen.  KAMINSKY -- read twice and ordered
          printed, and when printed to be committed to the Committee  on  Educa-
          tion
        IN ASSEMBLY -- Introduced by M. of A. ROZIC -- 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
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05085-01-9

        S. 3335                             2                            A. 4652
     1  recordation of allegations of child abuse in an educational setting,  as
     2  required  pursuant to section eleven hundred twenty-six of this chapter.
     3  No person who has been fingerprinted pursuant to section three  thousand
     4  four-b  of  this  chapter or pursuant to section five hundred nine-cc or
     5  twelve hundred twenty-nine-d of the vehicle and traffic  law  and  whose
     6  fingerprints  remain  on  file  with  the  division  of criminal justice
     7  services shall be required to undergo fingerprinting for purposes  of  a
     8  new  criminal  history  record check. This subdivision and the rules and
     9  regulations promulgated pursuant thereto shall not  apply  to  a  school
    10  district within a city with a population of one million or more.
    11    §  2.  The  opening paragraph and subparagraph (i) of paragraph (b) of
    12  subdivision 30 of section 305 of the education law, as amended by  chap-
    13  ter 630 of the laws of 2006, are amended to read as follows:
    14    The commissioner, in cooperation with the division of criminal justice
    15  services, shall promulgate a form to be provided to all such prospective
    16  employees  of  school  districts, charter schools, boards of cooperative
    17  educational services, and nonpublic and private elementary and secondary
    18  schools [that elect to fingerprint and seek  clearance  for  prospective
    19  employees] that shall:
    20    (i)  inform the prospective employee that the commissioner is required
    21  [or authorized] to request his or her criminal history information  from
    22  the  division  of  criminal  justice  services and the federal bureau of
    23  investigation and review such information pursuant to this section,  and
    24  provide  a  description  of  the  manner in which his or her fingerprint
    25  cards will be used upon submission to the division of  criminal  justice
    26  services;
    27    §  3.  Paragraph (d) of subdivision 30 of section 305 of the education
    28  law, as amended by chapter 630 of the laws of 2006, is amended  to  read
    29  as follows:
    30    (d)  The commissioner shall develop forms to be provided to all school
    31  districts, charter schools, boards of cooperative educational  services,
    32  and  [to]  all  nonpublic  and  private elementary and secondary schools
    33  [that elect to fingerprint their prospective employees], to be completed
    34  and signed by prospective  employees  when  conditional  appointment  or
    35  emergency conditional appointment is offered.
    36    § 4. Subdivision 20 of section 2590-h of the education law, as amended
    37  by chapter 345 of the laws of 2009, is amended to read as follows:
    38    20.  Ensure compliance with qualifications established for all person-
    39  nel employed in the city district, including  requiring  the  taking  of
    40  fingerprints  as  a prerequisite for licensure and/or employment of such
    41  personnel. Every set of fingerprints taken pursuant to this  subdivision
    42  shall be promptly submitted to the division of criminal justice services
    43  where  it shall be appropriately processed. Furthermore, the division of
    44  criminal justice services is authorized to submit  the  fingerprints  to
    45  the  federal  bureau  of  investigation  for a national criminal history
    46  record check.
    47    § 5. Subdivision 20 of section 2590-h of the education law, as amended
    48  by chapter 100 of the laws of 2003, is amended to read as follows:
    49    20. Ensure compliance with qualifications established for all  person-
    50  nel  employed  in  the  city district, including requiring the taking of
    51  fingerprints as a prerequisite for licensure and/or employment  of  such
    52  personnel.  Every set of fingerprints taken pursuant to this subdivision
    53  shall be promptly submitted to the division of criminal justice services
    54  where it shall be appropriately processed. Furthermore, the division  of
    55  criminal  justice  services  is authorized to submit the fingerprints to

        S. 3335                             3                            A. 4652
     1  the federal bureau of investigation  for  a  national  criminal  history
     2  record check.
     3    §  6.  Subdivisions 1, 2 and 3 of section 3001-d of the education law,
     4  as added by chapter 630 of the laws of 2006,  are  amended  to  read  as
     5  follows:
     6    1. a. "Employee" shall mean any prospective employee of a nonpublic or
     7  private  elementary or secondary school [which requires the fingerprint-
     8  ing of prospective employees pursuant to this section], or employee of a
     9  contracted service provider or worker placed within such school under  a
    10  public  assistance employment program, pursuant to title nine-B of arti-
    11  cle five of the social services law, and consistent with the  provisions
    12  of such title for the provision of services to such school, its students
    13  or  employees,  directly  or  through  contract,  whereby  such services
    14  performed by such person involve direct  student  contact.  [Any]  Every
    15  nonpublic  or  private  elementary or secondary school [which elects to]
    16  shall submit for review criminal history information concerning prospec-
    17  tive employees [must do so with respect to each such prospective employ-
    18  ee], as defined in this paragraph, in accordance with this section.
    19    b. "Volunteer" shall mean any person,  other  than  an  employee,  who
    20  provides  services  to  a  nonpublic  or private elementary or secondary
    21  school [which  elects  to  require  the  fingerprinting  of  prospective
    22  employees  pursuant  to  this  section],  which  involve  direct student
    23  contact.
    24    2. [Any] Every nonpublic or private  elementary  or  secondary  school
    25  [may]  shall  require,  for  the  purposes  of a criminal history record
    26  check, the fingerprinting  of  all  prospective  employees  pursuant  to
    27  section  three  thousand  thirty-five  of  this article, who do not hold
    28  valid clearance pursuant to such section or pursuant  to  section  three
    29  thousand  four-b  of  this  article  or  section five hundred nine-cc or
    30  twelve hundred twenty-nine-d of the vehicle and traffic  law.  Prior  to
    31  initiating  the  fingerprinting  process, the prospective employer shall
    32  furnish the applicant with the form described in paragraph (c) of subdi-
    33  vision thirty of section three hundred five of this  chapter  and  shall
    34  obtain  the  applicant's  consent to the criminal history record search.
    35  Every set of fingerprints  taken  pursuant  to  this  section  shall  be
    36  promptly submitted to the commissioner for the purposes of clearance for
    37  employment.
    38    3.  (a)  Any  nonpublic  or private elementary or secondary school may
    39  conditionally appoint a prospective employee. A request for  conditional
    40  clearance  [may]  shall  be forwarded to the commissioner along with the
    41  prospective employee's fingerprints. Such  appointment  may  be  delayed
    42  until notification by the commissioner that the prospective employee has
    43  been  conditionally  cleared for employment and shall terminate when the
    44  prospective employer is notified of a determination by the  commissioner
    45  to  grant  or deny clearance, provided that if clearance is granted, the
    46  appointment shall continue and the conditional status shall be  removed.
    47  Prior  to  commencement of such conditional appointment, the prospective
    48  employer shall obtain a signed  statement  for  conditional  appointment
    49  from the prospective employee, indicating whether, to the best of his or
    50  her  knowledge,  he  or  she  has  a pending criminal charge or criminal
    51  conviction in any jurisdiction outside the state.
    52    (b) Any nonpublic or private elementary or secondary school  may  make
    53  an emergency conditional appointment when an unforeseen emergency vacan-
    54  cy  has  occurred. When such appointment is made, the process for condi-
    55  tional appointment pursuant to paragraph (a) of this  subdivision  [may]
    56  shall  also be initiated. Emergency conditional appointment may commence

        S. 3335                             4                            A. 4652
     1  prior to notification from the commissioner on conditional clearance and
     2  shall terminate when the prospective employer is notified by the commis-
     3  sioner regarding conditional clearance,  provided  that  if  conditional
     4  clearance  is  granted,  the  appointment  may continue as a conditional
     5  appointment.   Prior  to  the  commencement  of  such  appointment,  the
     6  prospective employer must obtain a signed statement for emergency condi-
     7  tional appointment from the prospective employee, indicating whether, to
     8  the  best  of  his  or  her  knowledge, he or she has a pending criminal
     9  charge or criminal conviction in any jurisdiction. An "unforeseen  emer-
    10  gency  vacancy"  shall  be  defined as: (i) a vacancy that occurred less
    11  than ten business days before the start of any school session, including
    12  summer school, or during any school session,  including  summer  school,
    13  without  sufficient  notice to allow for clearance or conditional clear-
    14  ance; (ii) when no other qualified  person  is  available  to  fill  the
    15  vacancy temporarily; and (iii) when emergency conditional appointment is
    16  necessary  to  maintain services which the school is legally required to
    17  provide or services necessary to protect the health, education or safety
    18  of students or staff.
    19    (c) Each nonpublic or private elementary or secondary  school[,  which
    20  elects  to fingerprint prospective employees pursuant to subdivision two
    21  of this section,] shall develop a policy for the safety of the  children
    22  who  have  contact  with  an employee holding conditional appointment or
    23  emergency conditional appointment.
    24    § 7. This act shall take effect immediately; provided that the  amend-
    25  ments to paragraph (d) of subdivision 30 of section 305 of the education
    26  law  made  by  section three of this act shall not affect the expiration
    27  and repeal of such paragraph and shall expire  and  be  deemed  repealed
    28  therewith; provided further, however, that the amendments to subdivision
    29  20  of  section 2590-h of the education law made by section four of this
    30  act shall not affect the expiration and repeal of such section and shall
    31  expire therewith, when upon such date section five  of  this  act  shall
    32  take effect.
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