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.
