Bill Text: NY S03440 | 2009-2010 | General Assembly | Introduced
Bill Title: Requires fingerprinting of prospective employees of special education schools for purposes of a criminal background check; defines "special education school"; and allows school to establish procedures for conditional appointment or emergency conditional appointment of prospective employees of the school.
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2010-01-06 - REFERRED TO EDUCATION [S03440 Detail]
Download: New_York-2009-S03440-Introduced.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 3440 2009-2010 Regular Sessions I N S E N A T E March 19, 2009 ___________ Introduced by Sens. SALAND, OPPENHEIMER -- read twice and ordered print- ed, 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 for the purpose of conducting criminal history record checks 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 AND SPECIAL EDUCATION 12 SCHOOLS, and authorizing the fingerprinting of prospective employees of 13 nonpublic and private elementary and secondary schools, and for the use 14 of information derived from searches of the records of the division of 15 criminal justice services and the federal bureau of investigation based 16 on the use of such fingerprints. The commissioner shall also develop a 17 form for use by school districts, charter schools, boards of cooperative 18 educational services, [and] nonpublic and private elementary and second- 19 ary schools AND SPECIAL EDUCATION SCHOOLS, in connection with the 20 submission of fingerprints that contains the specific job title sought 21 and any other information that may be relevant to consideration of the 22 applicant. The commissioner shall also establish a form for the recorda- 23 tion of allegations of child abuse in an educational setting, as EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD10357-02-9 S. 3440 2 1 required pursuant to section eleven hundred twenty-six of this chapter. 2 No person who has been fingerprinted pursuant to section three thousand 3 four-b of this chapter or pursuant to section five hundred nine-cc or 4 twelve hundred twenty-nine-d of the vehicle and traffic law and whose 5 fingerprints remain on file with the division of criminal justice 6 services shall be required to undergo fingerprinting for purposes of a 7 new criminal history record check. This subdivision and the rules and 8 regulations promulgated pursuant thereto shall not apply to a school 9 district within a city with a population of one million or more, OR TO 10 SPECIAL EDUCATION SCHOOLS LOCATED WITHIN SUCH CITY. 11 (b) The commissioner, in cooperation with the division of criminal 12 justice services, shall promulgate a form to be provided to all such 13 prospective employees of school districts, charter schools, boards of 14 cooperative educational services, SPECIAL EDUCATION SCHOOLS and nonpub- 15 lic and private elementary and secondary schools that elect to finger- 16 print and seek clearance for prospective employees that shall: 17 (i) inform the prospective employee that the commissioner is required 18 or authorized to request his or her criminal history information from 19 the division of criminal justice services and the federal bureau of 20 investigation and review such information pursuant to this section, and 21 provide a description of the manner in which his or her fingerprint 22 cards will be used upon submission to the division of criminal justice 23 services; 24 (ii) inform the prospective employee that he or she has the right to 25 obtain, review and seek correction of his or her criminal history infor- 26 mation pursuant to regulations and procedures established by the divi- 27 sion of criminal justice services. 28 S 2. Subparagraph (vii) of paragraph (c) of subdivision 30 of section 29 305 of the education law, as amended by chapter 630 of the laws of 2006, 30 is amended to read as follows: 31 (vii) been informed that in the event his or her employment is termi- 32 nated and such person has not become employed in the same or another 33 school district, charter school, board of cooperative educational 34 services, SPECIAL EDUCATION SCHOOL or nonpublic or private elementary or 35 secondary school within [twelve-months] TWELVE MONTHS of such termi- 36 nation, the commissioner shall notify the division of criminal justice 37 services of such termination, and the division of criminal justice 38 services shall destroy the fingerprints of such person. Such person may 39 request that the commissioner notify the division of criminal justice 40 services that his or her fingerprints shall be destroyed prior to the 41 expiration of such twelve month period in which case the commissioner 42 shall notify the division of criminal justice services and the division 43 shall destroy the fingerprints of such person promptly upon receipt of 44 the request; and 45 S 3. Paragraph (d) of subdivision 30 of section 305 of the education 46 law, as amended by chapter 630 of the laws of 2006, is amended to read 47 as follows: 48 (d) The commissioner shall develop forms to be provided to all school 49 districts, charter schools, boards of cooperative educational services, 50 SPECIAL EDUCATION SCHOOLS and to all nonpublic and private elementary 51 and secondary schools that elect to fingerprint their prospective 52 employees, to be completed and signed by prospective employees when 53 conditional appointment or emergency conditional appointment is offered. 54 S 4. Subdivision 30 of section 305 of the education law is amended by 55 adding a new paragraph (f) to read as follows: S. 3440 3 1 (F) AS USED IN THIS SECTION AND SECTION THREE THOUSAND THIRTY-FIVE OF 2 THIS CHAPTER, "SPECIAL EDUCATION SCHOOL" SHALL MEAN A STATE SCHOOL OPER- 3 ATED PURSUANT TO ARTICLE EIGHTY-SEVEN OR EIGHTY-EIGHT OF THIS CHAPTER, A 4 STATE-SUPPORTED SCHOOL OPERATED PURSUANT TO ARTICLE EIGHTY-FIVE OF THIS 5 CHAPTER, AN APPROVED PRIVATE NON-RESIDENTIAL OR RESIDENTIAL SCHOOL FOR 6 THE EDUCATION OF STUDENTS WITH DISABILITIES THAT IS LOCATED WITHIN THE 7 STATE, OR AN APPROVED PROVIDER OF PRESCHOOL SPECIAL EDUCATION SERVICES 8 OR PROGRAMS THAT IS LOCATED WITHIN THE STATE; PROVIDED THAT SUCH TERM 9 SHALL NOT APPLY TO A SCHOOL OR FACILITY OPERATED OR LICENSED BY A STATE 10 AGENCY OTHER THAN THE DEPARTMENT, UNLESS SUCH SCHOOL OR FACILITY IS ALSO 11 AN APPROVED PRIVATE SCHOOL FOR STUDENTS WITH DISABILITIES OR AN APPROVED 12 PROVIDER UNDER SECTION FORTY-FOUR HUNDRED TEN OF THIS CHAPTER. 13 S 5. Subdivision 1 of section 3035 of the education law, as amended by 14 chapter 630 of the laws of 2006, is amended to read as follows: 15 1. The commissioner shall submit to the division of criminal justice 16 services two sets of fingerprints of prospective employees as defined in 17 subdivision three of section eleven hundred twenty-five of this chapter 18 received from a school district, charter school or board of cooperative 19 educational services and of prospective employees received from nonpub- 20 lic and private elementary and secondary schools pursuant to title two 21 of this chapter OR A SPECIAL EDUCATION SCHOOL, AS DEFINED IN PARAGRAPH 22 (F) OF SUBDIVISION THIRTY OF SECTION THREE HUNDRED FIVE OF THIS CHAPTER, 23 PURSUANT TO TITLE SIX OF THIS CHAPTER, OTHER THAN A SPECIAL EDUCATION 24 SCHOOL LOCATED IN THE CITY OF NEW YORK, and the division of criminal 25 justice services processing fee imposed pursuant to subdivision eight-a 26 of section eight hundred thirty-seven of the executive law and any fee 27 imposed by the federal bureau of investigation. The division of criminal 28 justice services and the federal bureau of investigation shall forward 29 such criminal history record to the commissioner in a timely manner. For 30 the purposes of this section, the term "criminal history record" shall 31 mean a record of all convictions of crimes and any pending criminal 32 charges maintained on an individual by the division of criminal justice 33 services and the federal bureau of investigation. All such criminal 34 history records sent to the commissioner pursuant to this subdivision 35 shall be confidential pursuant to the applicable federal and state laws, 36 rules and regulations, and shall not be published or in any way 37 disclosed to persons other than the commissioner, unless otherwise 38 authorized by law. 39 S 6. Subdivisions 3 and 3-a of section 3035 of the education law, 40 subdivision 3 as amended by section 7 of chapter 630 of the laws of 2006 41 and subdivision 3-a as added by chapter 380 of the laws of 2001, are 42 amended to read as follows: 43 3. (a) Clearance. After receipt of a criminal history record from the 44 division of criminal justice services and the federal bureau of investi- 45 gation the commissioner shall promptly notify the appropriate school 46 district, charter school, board of cooperative educational services, 47 SPECIAL EDUCATION SCHOOL or nonpublic or private elementary or secondary 48 school whether the prospective employee to which such report relates is 49 cleared for employment based upon his or her criminal history. All 50 determinations to grant or deny clearance for employment pursuant to 51 this paragraph shall be performed in accordance with subdivision sixteen 52 of section two hundred ninety-six of the executive law and article twen- 53 ty-three-A of the correction law. When the commissioner denies a 54 prospective employee clearance for employment, such prospective employee 55 shall be afforded notice and the right to be heard and offer proof in S. 3440 4 1 opposition to such determination in accordance with the regulations of 2 the commissioner. 3 (b) Conditional clearance. When the commissioner receives a request 4 for a determination on the conditional clearance of a prospective 5 employee, the commissioner, after receipt of a criminal history record 6 from the division of criminal justice services, shall promptly notify 7 the prospective employee and the appropriate school district, charter 8 school, board of cooperative educational services, SPECIAL EDUCATION 9 SCHOOL or nonpublic or private elementary or secondary school that the 10 prospective employee to which such report relates is conditionally 11 cleared for employment based upon his or her criminal history or that 12 more time is needed to make the determination. If the commissioner 13 determines that more time is needed, the notification shall include a 14 good faith estimate of the amount of additional time needed. Such 15 notification shall be made within fifteen business days after the 16 commissioner receives the prospective employee's fingerprints. All 17 determinations to grant or deny conditional clearance for employment 18 pursuant to this paragraph shall be performed in accordance with subdi- 19 vision sixteen of section two hundred ninety-six of the executive law 20 and article twenty-three-A of the correction law. 21 3-a. Upon request from a prospective employee who has been cleared by 22 the commissioner for employment and/or certification, the commissioner 23 shall have the authority to forward a copy of such criminal history 24 record to the city school district of the city of New York by the most 25 expeditious means available. Furthermore, upon notification that such 26 prospective employee is employed by the city school district of the city 27 of New York OR IS EMPLOYED BY A SPECIAL EDUCATION SCHOOL THAT CONTRACTS 28 WITH THE CITY SCHOOL DISTRICT OF THE CITY OF NEW YORK, the division of 29 criminal justice services shall have the authority to provide subsequent 30 criminal history notifications directly to the city school district of 31 the city of New York. Upon request from a prospective employee who has 32 been cleared for licensure and/or employment by the city school district 33 of the city of New York OR HAS BEEN CLEARED BY THE CITY OF NEW YORK FOR 34 EMPLOYMENT BY A SPECIAL EDUCATION SCHOOL THAT IS LOCATED OUTSIDE OF THE 35 CITY SCHOOL DISTRICT OF THE CITY OF NEW YORK, such school district OR 36 CITY shall have the authority to forward a copy of the prospective 37 employee's criminal history record to the commissioner, by the most 38 expeditious means available, for the purposes of this section. Further- 39 more, upon notification that such prospective employee is employed by a 40 school district outside the city of New York OR BY A SPECIAL EDUCATION 41 SCHOOL THAT IS LOCATED OUTSIDE OF THE CITY OF NEW YORK, the division of 42 criminal justice services shall have the authority to provide subsequent 43 criminal history notifications directly to the commissioner. 44 S 7. Paragraph (i) of subdivision (a) of section 4212 of the education 45 law, as amended by chapter 32 of the laws of 1992, is amended to read as 46 follows: 47 (i) consistent with appropriate collective bargaining agreements and 48 applicable provisions of the civil service law, the review and evalu- 49 ation of the backgrounds of and the information supplied by any person 50 applying to be an employee, a volunteer or consultant, which shall 51 include but not be limited to the following requirements: that the 52 applicant set forth his or her employment history, provide personal and 53 employment references, and relevant experiential and educational infor- 54 mation, [and] sign a sworn statement indicating whether the applicant, 55 to the best of his or her knowledge, has ever been convicted of a crime 56 in this state or any other jurisdiction AND, IN THE CASE OF A PROSPEC- S. 3440 5 1 TIVE EMPLOYEE, BE FINGERPRINTED FOR PURPOSES OF A CRIMINAL HISTORY BACK- 2 GROUND CHECK PURSUANT TO SUBDIVISION (D) OF THIS SECTION; 3 S 8. Section 4212 of the education law is amended by adding a new 4 subdivision (d) to read as follows: 5 (D) (I) THE SCHOOL SHALL REQUIRE, FOR PURPOSES OF A CRIMINAL HISTORY 6 RECORD CHECK, THE FINGERPRINTING OF ALL PROSPECTIVE EMPLOYEES OF THE 7 SCHOOL PURSUANT TO SUBDIVISION THIRTY OF SECTION THREE HUNDRED FIVE AND 8 SECTION THREE THOUSAND THIRTY-FIVE OF THIS CHAPTER, EXCEPT WHERE SUCH 9 PROSPECTIVE EMPLOYEES HOLD VALID CLEARANCE PURSUANT TO SUCH SECTION 10 THREE THOUSAND THIRTY-FIVE OR PURSUANT TO SECTION THREE THOUSAND FOUR-B 11 OF THIS CHAPTER OR SECTION FIVE HUNDRED NINE-CC OR TWELVE HUNDRED TWEN- 12 TY-NINE-D OF THE VEHICLE AND TRAFFIC LAW, OR VALID CLEARANCE ISSUED BY 13 THE CITY OF NEW YORK PURSUANT TO LOCAL LAW. PRIOR TO INITIATING THE 14 FINGERPRINTING PROCESS, THE SCHOOL SHALL FURNISH THE PROSPECTIVE EMPLOY- 15 EE WITH THE FORM DESCRIBED IN PARAGRAPH (C) OF SUBDIVISION THIRTY OF 16 SECTION THREE HUNDRED FIVE OF THIS CHAPTER AND SHALL OBTAIN THE APPLI- 17 CANT'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 THE SCHOOL FOR ITS EMPLOYEES. 23 (II) NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, THE 24 SCHOOL MAY ESTABLISH PROCEDURES FOR THE CONDITIONAL APPOINTMENT OR EMER- 25 GENCY CONDITIONAL APPOINTMENT OF PROSPECTIVE EMPLOYEES OF THE SCHOOL TO 26 THE SAME EXTENT AND UNDER THE SAME CONDITIONS AS A BOARD OF EDUCATION OF 27 A UNION FREE SCHOOL DISTRICT PURSUANT TO SUBDIVISION THIRTY-NINE OF 28 SECTION SEVENTEEN HUNDRED NINE OF THIS CHAPTER. 29 S 9. Paragraph (i) of subdivision (a) of section 4314 of the education 30 law, as amended by chapter 32 of the laws of 1992, is amended to read as 31 follows: 32 (i) consistent with appropriate collective agreements and applicable 33 provisions of the civil service law, the review and evaluation of the 34 backgrounds of and the information supplied by any person applying to be 35 an employee, a volunteer or consultant, which shall include but not be 36 limited to the following requirements: that the applicant set forth his 37 or her employment history, provide personal and employment references, 38 and relevant experiential and educational information, [and] sign a 39 sworn statement indicating whether the applicant, to the best of his or 40 her knowledge, has ever been convicted of a crime in this state or any 41 other jurisdiction AND, IN THE CASE OF A PROSPECTIVE EMPLOYEE, BE FING- 42 ERPRINTED FOR PURPOSES OF A CRIMINAL HISTORY BACKGROUND CHECK PURSUANT 43 TO SUBDIVISION (D) OF THIS SECTION; 44 S 10. Section 4314 of the education law is amended by adding a new 45 subdivision (d) to read as follows: 46 (D)(I) THE DEPARTMENT SHALL REQUIRE, FOR PURPOSES OF A CRIMINAL HISTO- 47 RY RECORD CHECK, THE FINGERPRINTING OF ALL PROSPECTIVE EMPLOYEES OF THE 48 SCHOOL PURSUANT TO SUBDIVISION THIRTY OF SECTION THREE HUNDRED FIVE AND 49 SECTION THREE THOUSAND THIRTY-FIVE OF THIS CHAPTER, WHO DO NOT HOLD 50 VALID CLEARANCE PURSUANT TO SUCH SECTION THREE THOUSAND THIRTY-FIVE OR 51 PURSUANT TO SECTION THREE THOUSAND FOUR-B OF THIS CHAPTER OR SECTION 52 FIVE HUNDRED NINE-CC OR TWELVE HUNDRED TWENTY-NINE-D OF THE VEHICLE AND 53 TRAFFIC LAW, OR VALID CLEARANCE ISSUED BY THE CITY OF NEW YORK PURSUANT 54 TO LOCAL LAW. PRIOR TO INITIATING THE FINGERPRINTING PROCESS, THE 55 DEPARTMENT SHALL FURNISH THE PROSPECTIVE EMPLOYEE WITH THE FORM 56 DESCRIBED IN PARAGRAPH (C) OF SUBDIVISION THIRTY OF SECTION THREE S. 3440 6 1 HUNDRED FIVE OF THIS CHAPTER AND SHALL OBTAIN THE APPLICANT'S CONSENT TO 2 THE CRIMINAL HISTORY RECORDS SEARCH. EVERY SET OF FINGERPRINTS TAKEN 3 PURSUANT TO THIS SUBDIVISION SHALL BE PROMPTLY SUBMITTED TO THE COMMIS- 4 SIONER FOR PURPOSES OF CLEARANCE FOR EMPLOYMENT. 5 (II) NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, THE 6 COMMISSIONER MAY ESTABLISH PROCEDURES FOR THE CONDITIONAL APPOINTMENT OR 7 EMERGENCY CONDITIONAL APPOINTMENT OF PROSPECTIVE EMPLOYEES OF THE SCHOOL 8 BY THE DEPARTMENT TO THE SAME EXTENT AND UNDER THE SAME CONDITIONS AS A 9 BOARD OF EDUCATION OF A UNION FREE SCHOOL DISTRICT PURSUANT TO SUBDIVI- 10 SION THIRTY-NINE OF SECTION SEVENTEEN HUNDRED NINE OF THIS CHAPTER. 11 S 11. Paragraph (i) of subdivision (a) of section 4358 of the educa- 12 tion law, as amended by chapter 32 of the laws of 1992, is amended to 13 read as follows: 14 (i) consistent with appropriate collective bargaining agreements and 15 applicable provisions of the civil service law, the review and evalu- 16 ation of the backgrounds of and the information supplied by any person 17 applying to be an employee, a volunteer or consultant, which shall 18 include but not be limited to the following requirements: that the 19 applicant set forth his or her employment history, provide personal and 20 employment references and relevant experiential and educational informa- 21 tion, [and] sign a sworn statement indicating whether the applicant, to 22 the best of his or her knowledge, has ever been convicted of a crime in 23 this state or any other jurisdiction AND, IN THE CASE OF A PROSPECTIVE 24 EMPLOYEE, BE FINGERPRINTED FOR PURPOSES OF A CRIMINAL HISTORY BACKGROUND 25 CHECK PURSUANT TO SUBDIVISION (D) OF THIS SECTION; 26 S 12. Section 4358 of the education law is amended by adding a new 27 subdivision (d) to read as follows: 28 (D)(I) THE DEPARTMENT SHALL REQUIRE, FOR PURPOSES OF A CRIMINAL HISTO- 29 RY RECORD CHECK, THE FINGERPRINTING OF ALL PROSPECTIVE EMPLOYEES OF THE 30 SCHOOL PURSUANT TO SUBDIVISION THIRTY OF SECTION THREE HUNDRED FIVE AND 31 SECTION THREE THOUSAND THIRTY-FIVE OF THIS CHAPTER, WHO DO NOT HOLD 32 VALID CLEARANCE PURSUANT TO SUCH SECTION THREE THOUSAND THIRTY-FIVE OR 33 PURSUANT TO SECTION THREE THOUSAND FOUR-B OF THIS CHAPTER OR SECTION 34 FIVE HUNDRED NINE-CC OR TWELVE HUNDRED TWENTY-NINE-D OF THE VEHICLE AND 35 TRAFFIC LAW, OR VALID CLEARANCE ISSUED BY THE CITY OF NEW YORK PURSUANT 36 TO LOCAL LAW. PRIOR TO INITIATING THE FINGERPRINTING PROCESS, THE 37 DEPARTMENT SHALL FURNISH THE PROSPECTIVE EMPLOYEE WITH THE FORM 38 DESCRIBED IN PARAGRAPH (C) OF SUBDIVISION THIRTY OF SECTION THREE 39 HUNDRED FIVE OF THIS CHAPTER AND SHALL OBTAIN THE APPLICANT'S CONSENT TO 40 THE CRIMINAL HISTORY RECORDS SEARCH. EVERY SET OF FINGERPRINTS TAKEN 41 PURSUANT TO THIS SUBDIVISION SHALL BE PROMPTLY SUBMITTED TO THE COMMIS- 42 SIONER FOR PURPOSES OF CLEARANCE FOR EMPLOYMENT. 43 (II) NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, THE 44 COMMISSIONER MAY ESTABLISH PROCEDURES FOR THE CONDITIONAL APPOINTMENT OR 45 EMERGENCY CONDITIONAL APPOINTMENT OF PROSPECTIVE EMPLOYEES OF THE SCHOOL 46 BY THE DEPARTMENT TO THE SAME EXTENT AND UNDER THE SAME CONDITIONS AS A 47 BOARD OF EDUCATION OF A UNION FREE SCHOOL DISTRICT PURSUANT TO SUBDIVI- 48 SION THIRTY-NINE OF SECTION SEVENTEEN HUNDRED NINE OF THIS CHAPTER. 49 S 13. Paragraph (a) of subdivision 11 of section 4403 of the education 50 law, as amended by chapter 32 of the laws of 1992, is amended to read as 51 follows: 52 (a) consistent with appropriate collective bargaining agreements and 53 applicable provisions of the civil service law, the review and evalu- 54 ation of the backgrounds of and the information supplied by any person 55 applying to be an employee, a volunteer or consultant, which shall 56 include but not be limited to the following requirements: that the S. 3440 7 1 applicant set forth his or her employment history, provide personal and 2 employment references, and relevant experiential and educational quali- 3 fications [and], sign a sworn statement indicating whether the appli- 4 cant, to the best of his or her knowledge has ever been convicted of a 5 crime in this state or any other jurisdiction AND, IN THE CASE OF A 6 PROSPECTIVE EMPLOYEE, BE FINGERPRINTED FOR PURPOSES OF A CRIMINAL HISTO- 7 RY BACKGROUND CHECK PURSUANT TO SUBDIVISION TWENTY-ONE OF THIS SECTION; 8 S 14. Section 4403 of the education law is amended by adding a new 9 subdivision 21 to read as follows: 10 21. A. THE COMMISSIONER SHALL REQUIRE, FOR PURPOSES OF A CRIMINAL 11 HISTORY RECORD CHECK, THE FINGERPRINTING OF ALL PROSPECTIVE EMPLOYEES OF 12 APPROVED PRIVATE RESIDENTIAL AND NON-RESIDENTIAL SCHOOLS WHICH ARE 13 LOCATED WITHIN THE STATE BY SUCH SCHOOLS PURSUANT TO SUBDIVISION THIRTY 14 OF SECTION THREE HUNDRED FIVE AND SECTION THREE THOUSAND THIRTY-FIVE OF 15 THIS CHAPTER, EXCEPT WHERE SUCH PROSPECTIVE EMPLOYEES HOLD VALID CLEAR- 16 ANCE PURSUANT TO SUCH SECTION THREE THOUSAND THIRTY-FIVE OR PURSUANT TO 17 SECTION THREE THOUSAND FOUR-B OF THIS CHAPTER OR SECTION FIVE HUNDRED 18 NINE-CC OR TWELVE HUNDRED TWENTY-NINE-D OF THE VEHICLE AND TRAFFIC LAW, 19 OR VALID CLEARANCE ISSUED BY THE CITY OF NEW YORK PURSUANT TO LOCAL LAW. 20 THE PROVISIONS OF THIS SUBDIVISION SHALL NOT APPLY TO PROGRAMS OPERATED 21 PURSUANT TO SECTION FORTY-FOUR HUNDRED EIGHT OF THIS ARTICLE BY A SCHOOL 22 DISTRICT OR BOARD OF COOPERATIVE EDUCATIONAL SERVICES. PRIOR TO INITIAT- 23 ING THE FINGERPRINTING PROCESS, THE SCHOOL SHALL FURNISH THE PROSPECTIVE 24 EMPLOYEE WITH THE FORM DESCRIBED IN PARAGRAPH (C) OF SUBDIVISION THIRTY 25 OF SECTION THREE HUNDRED FIVE OF THIS CHAPTER AND SHALL OBTAIN THE 26 APPLICANT'S CONSENT TO THE CRIMINAL HISTORY RECORDS SEARCH. EVERY SET OF 27 FINGERPRINTS TAKEN PURSUANT TO THIS SUBDIVISION SHALL BE PROMPTLY 28 SUBMITTED TO THE COMMISSIONER FOR PURPOSES OF CLEARANCE FOR EMPLOYMENT. 29 NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, THE COMMIS- 30 SIONER SHALL BE AUTHORIZED TO PROVIDE SUBSEQUENT CRIMINAL HISTORY 31 NOTIFICATIONS TO APPROVED PRIVATE SCHOOLS FOR THEIR EMPLOYEES. 32 B. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, THE 33 APPROVED PRIVATE SCHOOL MAY ESTABLISH PROCEDURES FOR THE CONDITIONAL 34 APPOINTMENT OR EMERGENCY CONDITIONAL APPOINTMENT OF PROSPECTIVE EMPLOY- 35 EES OF THE SCHOOL TO THE SAME EXTENT AND UNDER THE SAME CONDITIONS AS A 36 BOARD OF EDUCATION OF A UNION FREE SCHOOL DISTRICT PURSUANT TO SUBDIVI- 37 SION THIRTY-NINE OF SECTION SEVENTEEN HUNDRED NINE OF THIS CHAPTER. 38 S 15. Section 4410 of the education law is amended by adding a new 39 subdivision 9-e to read as follows: 40 9-E. A. THE COMMISSIONER SHALL REQUIRE, FOR PURPOSES OF A CRIMINAL 41 HISTORY RECORD CHECK, THE FINGERPRINTING OF ALL PROSPECTIVE EMPLOYEES OF 42 APPROVED PROVIDERS OF SPECIAL SERVICES OR PROGRAMS THAT ARE LOCATED 43 WITHIN THE STATE PURSUANT TO SUBDIVISION THIRTY OF SECTION THREE HUNDRED 44 FIVE AND SECTION THREE THOUSAND THIRTY-FIVE OF THIS CHAPTER, EXCEPT 45 WHERE SUCH PROSPECTIVE EMPLOYEES HOLD VALID CLEARANCE PURSUANT TO SUCH 46 SECTION THREE THOUSAND THIRTY-FIVE OR PURSUANT TO SECTION THREE THOUSAND 47 FOUR-B OF THIS CHAPTER OR SECTION FIVE HUNDRED NINE-CC OR TWELVE HUNDRED 48 TWENTY-NINE-D OF THE VEHICLE AND TRAFFIC LAW OR A VALID CLEARANCE ISSUED 49 BY THE CITY OF NEW YORK PURSUANT TO LOCAL LAW. AN INDIVIDUAL WHO 50 PROVIDES RELATED SERVICES PURSUANT TO THIS SECTION SHALL BE DEEMED A 51 PROSPECTIVE EMPLOYEE FOR PURPOSES OF THIS SUBDIVISION AND SHALL BE 52 RESPONSIBLE FOR SUBMITTING HIS OR HER FINGERPRINTS TO THE COMMISSIONER 53 FOR PURPOSES OF RECEIVING CLEARANCE FOR EMPLOYMENT PRIOR TO HIS OR HER 54 INCLUSION ON A LIST OF RELATED SERVICE PROVIDERS MAINTAINED BY THE MUNI- 55 CIPALITY OR BOARD PURSUANT TO PARAGRAPH C OF SUBDIVISION NINE OF THIS 56 SECTION. PRIOR TO INITIATING THE FINGERPRINTING PROCESS, THE PROVIDER S. 3440 8 1 SHALL FURNISH ITS PROSPECTIVE EMPLOYEE WITH THE FORM DESCRIBED IN PARA- 2 GRAPH (C) OF SUBDIVISION THIRTY OF SECTION THREE HUNDRED FIVE OF THIS 3 CHAPTER AND SHALL OBTAIN THE APPLICANT'S CONSENT TO THE CRIMINAL HISTORY 4 RECORDS SEARCH. EVERY SET OF FINGERPRINTS TAKEN PURSUANT TO THIS SUBDI- 5 VISION SHALL BE PROMPTLY SUBMITTED TO THE COMMISSIONER FOR PURPOSES OF 6 CLEARANCE FOR EMPLOYMENT. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO 7 THE CONTRARY, THE COMMISSIONER SHALL BE AUTHORIZED TO PROVIDE SUBSEQUENT 8 CRIMINAL HISTORY NOTIFICATIONS TO APPROVED PROVIDERS FOR THEIR EMPLOY- 9 EES. IN THE CASE OF A PROSPECTIVE EMPLOYEE WHO IS EMPLOYED BY THE CITY 10 SCHOOL DISTRICT OF THE CITY OF NEW YORK, THE COMMISSIONER SHALL BE 11 AUTHORIZED TO PROVIDE SUBSEQUENT CRIMINAL HISTORY NOTIFICATIONS DIRECTLY 12 TO THE CITY SCHOOL DISTRICT OF THE CITY OF NEW YORK. 13 B. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, THE 14 APPROVED PROVIDER MAY ESTABLISH PROCEDURES FOR THE CONDITIONAL APPOINT- 15 MENT OR EMERGENCY CONDITIONAL APPOINTMENT OF PROSPECTIVE EMPLOYEES OF 16 THE PROVIDER TO THE SAME EXTENT AND UNDER THE SAME CONDITIONS AS A BOARD 17 OF EDUCATION OF A UNION FREE SCHOOL DISTRICT PURSUANT TO SUBDIVISION 18 THIRTY-NINE OF SECTION SEVENTEEN HUNDRED NINE OF THIS CHAPTER. 19 C. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, THE 20 COMMISSIONER MAY ESTABLISH PROCEDURES FOR THE CONDITIONAL APPOINTMENT OR 21 EMERGENCY CONDITIONAL APPOINTMENT OF INDIVIDUALS WHO PROVIDE RELATED 22 SERVICES PURSUANT TO THIS SECTION TO THE SAME EXTENT AND UNDER THE SAME 23 CONDITIONS AS A BOARD OF EDUCATION OF A UNION FREE SCHOOL DISTRICT 24 PURSUANT TO SUBDIVISION THIRTY-NINE OF SECTION SEVENTEEN HUNDRED NINE OF 25 THIS CHAPTER. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRA- 26 RY, THE COMMISSIONER SHALL PROVIDE EACH MUNICIPALITY OR BOARD IN WHICH 27 SUCH INDIVIDUAL SEEKS TO BE INCLUDED ON A LIST OF RELATED SERVICES OR 28 SPECIAL EDUCATION ITINERANT SERVICES PROVIDERS WITH A COPY OF SUCH INDI- 29 VIDUAL'S CRIMINAL CLEARANCE OR DENIAL OF CRIMINAL CLEARANCE, AND IN THE 30 EVENT OF A DENIAL OF CLEARANCE, SUCH MUNICIPALITY OR BOARD SHALL REMOVE 31 THE INDIVIDUAL FROM SUCH LIST UNLESS CRIMINAL CLEARANCE IS SUBSEQUENTLY 32 ISSUED BY THE COMMISSIONER. NOTWITHSTANDING ANY OTHER PROVISION OF LAW 33 TO THE CONTRARY, THE COMMISSIONER SHALL BE AUTHORIZED TO PROVIDE SUBSE- 34 QUENT CRIMINAL HISTORY NOTIFICATIONS TO EACH MUNICIPALITY OR BOARD IN 35 WHICH SUCH INDIVIDUAL IS INCLUDED ON A LIST OF RELATED SERVICE PROVID- 36 ERS. 37 S 16. Subdivisions 3 and 5 of section 1125 of the education law, as 38 added by chapter 180 of the laws of 2000, are amended to read as 39 follows: 40 3. "Employee" shall mean any person receiving compensation from a 41 school district, A SPECIAL EDUCATION SCHOOL DISTRICT AS DEFINED IN PARA- 42 GRAPH (F) OF SUBDIVISION THIRTY OF SECTION THREE HUNDRED FIVE OF THIS 43 CHAPTER or employee of a contracted service provider or worker placed 44 within the school under a public assistance employment program, pursuant 45 to title nine-B of article five of the social services law, and consist- 46 ent with the provisions of such title for the provision of services to 47 such district, its students or employees, directly or through contract, 48 whereby such services performed by such person involve direct student 49 contact. 50 5. "Educational setting" shall mean the building and grounds of a 51 public school district, A SPECIAL EDUCATION SCHOOL DISTRICT AS DEFINED 52 IN PARAGRAPH (F) OF SUBDIVISION THIRTY OF SECTION THREE HUNDRED FIVE OF 53 THIS CHAPTER, the vehicles provided by the school district OR SPECIAL 54 EDUCATION SCHOOL for the transportation of students to and from school 55 buildings, field trips, co-curricular and extra-curricular activities 56 both on and off school district grounds, all co-curricular and extra- S. 3440 9 1 curricular activity sites, and any other location where direct contact 2 between an employee or volunteer and a child has allegedly occurred. 3 S 17. Subdivision 3 of section 3035 of the education law, as amended 4 by section 8 of chapter 630 of the laws of 2006, is amended to read as 5 follows: 6 3. After receipt of a criminal history record from the division of 7 criminal justice services and the federal bureau of investigation the 8 commissioner shall promptly notify the appropriate school district, 9 charter school, board of cooperative educational services, SPECIAL 10 EDUCATION SCHOOL or nonpublic or private elementary or secondary school 11 whether the prospective employee to which such report relates is cleared 12 for employment based upon his or her criminal history. All determi- 13 nations to grant or deny clearance for employment pursuant to this 14 subdivision shall be performed in accordance with subdivision sixteen of 15 section two hundred ninety-six of the executive law and article twenty- 16 three-A of the correction law. When the commissioner denies a prospec- 17 tive employee clearance for employment, such prospective employee shall 18 be afforded notice and the right to be heard and offer proof in oppo- 19 sition to such determination in accordance with the regulations of the 20 commissioner. 21 S 18. This act shall take effect on the one hundred eightieth day 22 after it shall have become a law; provided that: 23 (a) the commissioner of education is authorized to promulgate any and 24 all rules and regulations and take any other measures necessary to 25 implement the provisions of this act on its effective date on or before 26 such date; 27 (b) the provisions of this act shall apply to prospective employees of 28 special education schools who are appointed on or after such effective 29 date and to individual providers of preschool related services who are 30 placed on lists maintained by the municipality pursuant to subdivision 9 31 of section 4410 of the education law on and after such effective date; 32 (c) the amendment to paragraph (d) of subdivision 30 of section 305 of 33 the education law made by section three of this act shall not affect the 34 repeal of such paragraph and shall be deemed repealed therewith; and 35 (d) the amendments to subdivision 3 of section 3035 of the education 36 law, made by section six of this act, shall be subject to the expiration 37 and reversion of such subdivision pursuant to section 12 of chapter 147 38 of the laws of 2001, as amended, when upon such date the provisions of 39 section seventeen of this act shall take effect.