Bill Text: NY S06148 | 2017-2018 | General Assembly | Introduced

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Bill Title: Requires pre-employment investigation of school district personnel to determine criminal history or the presence of controlled substances or communicable diseases; requires submission to fingerprinting and other tests.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2018-01-03 - REFERRED TO EDUCATION [S06148 Detail]

Download: New_York-2017-S06148-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          6148
                               2017-2018 Regular Sessions
                    IN SENATE
                                      May 11, 2017
                                       ___________
        Introduced  by  Sen.  LANZA  -- 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 pre-employment  inves-
          tigations for personnel employed in school districts
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. The education law is amended by adding a new section 3001-e
     2  to read as follows:
     3    § 3001-e. Pre-employment investigation of personnel employed in school
     4  districts. 1. Every school district shall conduct a pre-employment back-
     5  ground investigation for all personnel employed in the district.
     6    2. Each district, in cooperation with the division of criminal justice
     7  services, shall promulgate regulations requiring all personnel  employed
     8  in such school district to submit to mandatory background questionnaires
     9  and  to  such  other  tests for the presence of controlled substances or
    10  communicable diseases as shall be determined to be necessary and proper.
    11    3. Every person, as a condition of employment in  a  school  district,
    12  shall  complete  a  background questionnaire, submit to such other tests
    13  for the presence of controlled substances or  communicable  diseases  as
    14  shall  be  determined  to be necessary and proper and sign a declaration
    15  under penalty of perjury regarding any prior criminal convictions.
    16    4. No school district employee shall be assigned to work involving the
    17  care, custody or supervision of a child if it is  determined  that  such
    18  person has tested positive for the presence of a controlled substance or
    19  communicable disease.
    20    5. For purposes of this section, "communicable disease" shall mean any
    21  disease  that  the commissioner of health, in the reasonable exercise of
    22  his or her medical judgement, determines  to  be  communicable,  rapidly
    23  emergent  or  a  significant threat to public health. The list of desig-
    24  nated communicable diseases is in section 2.1 of title ten  of  the  New
    25  York codes, rules and regulations.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11603-01-7
        S. 6148                             2
     1    § 2. Subdivision 20 of section 2590-h of the education law, as amended
     2  by chapter 345 of the laws of 2009, is amended to read as follows:
     3    20.  Ensure compliance with qualifications established for all person-
     4  nel employed in the city district, including the taking of fingerprints,
     5  background questionnaires and submission to such  other  tests  for  the
     6  presence  of  controlled substances or communicable diseases as shall be
     7  determined to be necessary and proper as a  prerequisite  for  licensure
     8  and/or  employment  of  such  personnel. Every set of fingerprints taken
     9  pursuant to this subdivision shall be promptly submitted to the division
    10  of criminal justice services where it shall be appropriately  processed.
    11  Furthermore,  the division of criminal justice services is authorized to
    12  submit the fingerprints to the federal bureau  of  investigation  for  a
    13  national criminal history record check.
    14    § 3. Subdivision 20 of section 2590-h of the education law, as amended
    15  by chapter 100 of the laws of 2003, is amended to read as follows:
    16    20.  Ensure compliance with qualifications established for all person-
    17  nel employed in the city district, including the taking of fingerprints,
    18  background questionnaires and submission to such  other  tests  for  the
    19  presence  of  controlled substances or communicable diseases as shall be
    20  determined to be necessary and proper as a  prerequisite  for  licensure
    21  and/or  employment  of  such  personnel. Every set of fingerprints taken
    22  pursuant to this subdivision shall be promptly submitted to the division
    23  of criminal justice services where it shall be appropriately  processed.
    24  Furthermore,  the division of criminal justice services is authorized to
    25  submit the fingerprints to the federal bureau  of  investigation  for  a
    26  national criminal history record check.
    27    §  4.  This  act shall take effect on the ninetieth day after it shall
    28  have become a law; provided, however, that  effective  immediately,  the
    29  addition,  amendment  and/or repeal of any rule and regulation necessary
    30  for the implementation of this act on its effective date are  authorized
    31  and  directed to be made and completed on or before such effective date;
    32  and provided, further, that the amendments to subdivision 20 of  section
    33  2590-h  of the education law, made by section two of this act, shall not
    34  affect the expiration and reversion of such  section  and  shall  expire
    35  therewith,  when  upon  such  date  section three of this act shall take
    36  effect.