Bill Text: NY S05556 | 2013-2014 | General Assembly | Amended
Bill Title: Relates to requiring the fingerprinting of prospective employees of approved private special education schools; phases in a requirement that all fingerprints submitted by prospective employees and applicants for certification be electronically submitted; authorizes boards of cooperative educational services to conduct fingerprinting for non-component districts, special education schools, and applicants for certification; strengthens identification verification practices at fingerprinting sites for the purpose of conducting criminal history record checks and enhances existing statutory mechanisms to expedite the removal of persons who commit fingerprint fraud; makes permanent certain provisions.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Engrossed - Dead) 2014-06-20 - RECOMMITTED TO RULES [S05556 Detail]
Download: New_York-2013-S05556-Amended.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 5556--A 2013-2014 Regular Sessions I N S E N A T E May 20, 2013 ___________ Introduced by Sen. FLANAGAN -- (at request of the State Education Department) -- read twice and ordered printed, and when printed to be committed to the Committee on Education -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said commit- tee AN ACT to amend the education law, in relation to requiring the finger- printing of prospective employees of approved private special educa- tion schools, phasing-in a requirement that all fingerprints submitted by prospective employees and applicants for certification be electron- ically submitted, authorizing boards of cooperative educational services to conduct fingerprinting for non-component districts, special education schools, and applicants for certification, strength- ening identification verification practices at fingerprinting sites for the purpose of conducting criminal history record checks and enhancing existing statutory mechanisms to expedite the removal of persons who commit fingerprint fraud; and to amend chapter 147 of the laws of 2001, amending the education law relating to conditional appointment of school district, charter school or BOCES employees, in relation to making permanent certain provisions relating to condi- tional clearances for employment 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) and the opening paragraph and subpara- 3 graph (i) of paragraph (b) as amended by chapter 630 of the laws of 4 2006, paragraph (b) as added by chapter 180 of the laws of 2000, are 5 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- EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD10658-05-3 S. 5556--A 2 1 ty-five of this chapter, of school districts, charter schools and boards 2 of cooperative educational services, AND SPECIAL EDUCATION SCHOOLS, and 3 authorizing the fingerprinting of prospective employees of nonpublic and 4 private elementary and secondary schools, and for the use of information 5 derived from searches of the records of the division of criminal justice 6 services and the federal bureau of investigation based on the use of 7 such fingerprints. The commissioner shall also develop a form for use by 8 school districts, charter schools, boards of cooperative educational 9 services, SPECIAL EDUCATION SCHOOLS, and nonpublic and private elementa- 10 ry and secondary schools in connection with the submission of finger- 11 prints that contains the specific job title sought and any other infor- 12 mation that may be relevant to consideration of the applicant. 13 PROSPECTIVE EMPLOYEES, INCLUDING OUT-OF-STATE APPLICANTS TO THE EXTENT 14 PRACTICABLE, SHALL BE FINGERPRINTED BY AUTHORIZED PERSONNEL AT DESIG- 15 NATED FINGERPRINTING ENTITIES APPROVED BY THE DEPARTMENT, USING ELEC- 16 TRONIC SCANNING TECHNOLOGY APPROVED BY THE DEPARTMENT. OUT-OF-STATE 17 PROSPECTIVE EMPLOYEES WHO SUBMIT FINGERPRINT CARDS AND ARE NOT FINGER- 18 PRINTED ELECTRONICALLY PURSUANT TO THE REQUIREMENTS OF THIS PARAGRAPH 19 SHALL BE FINGERPRINTED ELECTRONICALLY PRIOR TO EMPLOYMENT WITHIN THE 20 STATE. IN ADDITION TO THE REQUIREMENTS OF THIS PARAGRAPH, THE COMMIS- 21 SIONER SHALL ESTABLISH MINIMUM STANDARDS AND PROCEDURES FOR IDENTIFICA- 22 TION VERIFICATION TO BE FOLLOWED AT FINGERPRINTING SITES, WHICH SHALL 23 INCLUDE THE REQUIREMENTS OF THIS SECTION IN REGULATIONS OF THE COMMIS- 24 SIONER. PRIOR TO INITIATING THE FINGERPRINTING PROCESS AND IN THE PRES- 25 ENCE OF AUTHORIZED PERSONNEL, A PROSPECTIVE EMPLOYEE SHALL SIGN A SWORN 26 STATEMENT PREPARED BY THE DEPARTMENT VERIFYING THE PROSPECTIVE EMPLOY- 27 EE'S IDENTITY AND PRESENT TWO FORMS OF IDENTIFICATION, ONE OF WHICH 28 SHALL BE AN OFFICIAL GOVERNMENT ISSUED PHOTO IDENTIFICATION CAPABLE OF 29 BEING VERIFIED. A PHOTOGRAPH OF THE PROSPECTIVE EMPLOYEE SHALL BE TAKEN 30 BY AUTHORIZED PERSONNEL AND AFFIXED TO THE PROSPECTIVE EMPLOYEE'S 31 SIGNED, SWORN STATEMENT. UPON COMPLETION OF THE FINGERPRINTING PROCESS, 32 THE AUTHORIZED PERSONNEL SHALL SIGN AN AFFIDAVIT, ON A FORM PRESCRIBED 33 BY THE COMMISSIONER, ATTESTING THAT HE OR SHE VERIFIED THE PHOTO IDEN- 34 TIFICATION PRESENTED, WITNESSED THE SIGNATURE AND PROCESSED THE FINGER- 35 PRINTS IN ACCORDANCE WITH THIS CHAPTER AND THE RULES AND REGULATIONS OF 36 THE DEPARTMENT. THESE RECORDS SHALL BE RETAINED AS BUSINESS RECORDS AS 37 DEFINED IN SUBDIVISION TWO OF SECTION 175.00 OF THE PENAL LAW FOR THE 38 DURATION OF THE INDIVIDUAL'S EMPLOYMENT IN A MANNER PRESCRIBED BY THE 39 COMMISSIONER. The commissioner shall also establish a form for the 40 recordation of allegations of child abuse in an educational setting, as 41 required pursuant to section eleven hundred twenty-six of this chapter. 42 No person who has been fingerprinted pursuant to section three thousand 43 four-b of this chapter or pursuant to section five hundred nine-cc or 44 twelve hundred twenty-nine-d of the vehicle and traffic law and whose 45 fingerprints remain on file with the division of criminal justice 46 services shall be required to undergo fingerprinting for purposes of a 47 new criminal history record check. This subdivision and the rules and 48 regulations promulgated pursuant thereto shall not apply to a school 49 district within a city with a population of one million or more, OR TO 50 SPECIAL EDUCATION SCHOOLS LOCATED WITHIN SUCH CITY. 51 (b) The commissioner, in cooperation with the division of criminal 52 justice services, shall promulgate a form to be provided to all such 53 prospective employees of school districts, charter schools, boards of 54 cooperative educational services, SPECIAL EDUCATION SCHOOLS and nonpub- 55 lic and private elementary and secondary schools that elect to finger- 56 print and seek clearance for prospective employees that shall: S. 5556--A 3 1 (i) inform the prospective employee that the commissioner is required 2 or authorized to request his or her criminal history information from 3 the division of criminal justice services and the federal bureau of 4 investigation and review such information pursuant to this section, and 5 provide a description of the manner in which his or her [fingerprint 6 cards] FINGERPRINTS will be TAKEN AND used upon submission to the divi- 7 sion of criminal justice services; 8 (ii) inform the prospective employee that he or she has the right to 9 obtain, review and seek correction of his or her criminal history infor- 10 mation pursuant to regulations and procedures established by the divi- 11 sion of criminal justice services. 12 S 2. Subparagraph (vii) of paragraph (c) of subdivision 30 of section 13 305 of the education law, as amended by chapter 630 of the laws of 2006, 14 is amended to read as follows: 15 (vii) been informed that in the event his or her employment is termi- 16 nated and such person has not become employed in the same or another 17 school district, charter school, board of cooperative educational 18 services, SPECIAL EDUCATION SCHOOL or nonpublic or private elementary or 19 secondary school within twelve-months of such termination, the commis- 20 sioner shall notify the division of criminal justice services of such 21 termination, and the division of criminal justice services shall destroy 22 the fingerprints of such person. Such person may request that the 23 commissioner notify the division of criminal justice services that his 24 or her fingerprints shall be destroyed prior to the expiration of such 25 twelve month period in which case the commissioner shall notify the 26 division of criminal justice services and the division shall destroy the 27 fingerprints of such person promptly upon receipt of the request; and 28 S 3. Paragraph (d) of subdivision 30 of section 305 of the education 29 law, as amended by chapter 630 of the laws of 2006, is amended to read 30 as follows: 31 (d) The commissioner shall develop forms to be provided to all school 32 districts, charter schools, boards of cooperative educational services, 33 SPECIAL EDUCATION SCHOOLS and to all nonpublic and private elementary 34 and secondary schools that elect to fingerprint their prospective 35 employees, to be completed and signed by prospective employees when 36 conditional appointment or emergency conditional appointment is offered. 37 S 4. Subdivision 30 of section 305 of the education law is amended by 38 adding a new paragraph (f) to read as follows: 39 (F) AS USED IN THIS SECTION AND SECTION THREE THOUSAND THIRTY-FIVE OF 40 THIS CHAPTER, "SPECIAL EDUCATION SCHOOL" SHALL MEAN A STATE SCHOOL OPER- 41 ATED PURSUANT TO ARTICLE EIGHTY-SEVEN OR EIGHTY-EIGHT OF THIS CHAPTER, A 42 STATE-SUPPORTED SCHOOL OPERATED PURSUANT TO ARTICLE EIGHTY-FIVE OF THIS 43 CHAPTER, AN APPROVED PRIVATE NON-RESIDENTIAL OR RESIDENTIAL SCHOOL FOR 44 THE EDUCATION OF STUDENTS WITH DISABILITIES THAT IS LOCATED WITHIN THE 45 STATE, OR AN APPROVED PROVIDER OF PRESCHOOL SPECIAL EDUCATION SERVICES 46 OR PROGRAMS THAT IS LOCATED WITHIN THE STATE; PROVIDED THAT SUCH TERM 47 SHALL NOT APPLY TO A SCHOOL OR FACILITY OPERATED OR LICENSED BY A STATE 48 AGENCY OTHER THAN THE DEPARTMENT, UNLESS SUCH SCHOOL OR FACILITY IS ALSO 49 AN APPROVED PRIVATE SCHOOL FOR STUDENTS WITH DISABILITIES OR AN APPROVED 50 PROVIDER UNDER SECTION FORTY-FOUR HUNDRED TEN OF THIS CHAPTER. 51 S 5. Subdivisions 3, 4, 5 and 6 of section 1125 of the education law, 52 subdivisions 3, 4 and 6 as added by chapter 180 of the laws of 2000 and 53 subdivision 5 as amended by section 1 of part E of chapter 501 of the 54 laws of 2012, are amended and a new subdivision 10 is added to read as 55 follows: S. 5556--A 4 1 3. "Employee" shall mean any person receiving compensation from a 2 school district, NON-RESIDENTIAL SPECIAL EDUCATION SCHOOL OR PROGRAM, or 3 employee of a contracted service provider or worker placed within the 4 school under a public assistance employment program, pursuant to title 5 nine-B of article five of the social services law, and consistent with 6 the provisions of such title for the provision of services to such 7 district, its students or employees, directly or through contract, 8 whereby such services performed by such person involve direct student 9 contact. 10 4. "Volunteer" shall mean any person, other than an employee, who 11 provides services to a school or school district OR NON-RESIDENTIAL 12 SPECIAL EDUCATION SCHOOL OR PROGRAM, which involve direct student 13 contact. 14 5. "Educational setting" shall mean the building and grounds of a 15 public school district, NON-RESIDENTIAL SPECIAL EDUCATION SCHOOL OR 16 PROGRAM, the vehicles provided by the school district for the transpor- 17 tation of students to and from school buildings, field trips, co-curri- 18 cular and extra-curricular activities both on and off school district 19 grounds, all co-curricular and extra-curricular activity sites, and any 20 other location where direct contact between an employee or volunteer and 21 a child has allegedly occurred, EXCEPT THAT SUCH TERM SHALL NOT APPLY TO 22 A RESIDENTIAL SCHOOL WITH CHILDREN IN RESIDENTIAL CARE, AS DEFINED IN 23 SECTION FOUR HUNDRED TWELVE-A OF THE SOCIAL SERVICES LAW, FOR WHOM ALLE- 24 GATIONS OF ABUSE OF A CHILD IN RESIDENTIAL CARE OR NEGLECT OF A CHILD IN 25 RESIDENTIAL CARE ARE SUBJECT TO MANDATORY REPORTING TO THE STATEWIDE 26 CENTRAL REGISTER OF CHILD ABUSE AND MALTREATMENT PURSUANT TO TITLE SIX 27 OF ARTICLE SIX OF THE SOCIAL SERVICES LAW. Such term shall not include a 28 special act school district as defined in section four thousand one of 29 this chapter which shall be subject to article eleven of the social 30 services law. 31 6. "Administrator" or "school administrator" shall mean a principal of 32 a public school, NON-RESIDENTIAL SPECIAL EDUCATION SCHOOL OR PROGRAM, 33 charter school or board of cooperative educational services, or other 34 chief school officer. 35 10. "NON-RESIDENTIAL SPECIAL EDUCATION SCHOOL OR PROGRAM" SHALL MEAN A 36 STATE SUPPORTED SCHOOL OPERATED PURSUANT TO ARTICLE EIGHTY-FIVE OF THIS 37 CHAPTER THAT DOES NOT HAVE A RESIDENTIAL COMPONENT, AN APPROVED PRIVATE 38 NON-RESIDENTIAL SCHOOL FOR THE EDUCATION OF STUDENTS WITH DISABILITIES 39 THAT IS LOCATED WITHIN THE STATE, OR AN APPROVED PROVIDER OF PRESCHOOL 40 SPECIAL EDUCATION SERVICES OR PROGRAMS THAT IS LOCATED WITHIN THE STATE; 41 PROVIDED THAT SUCH TERM SHALL ALSO APPLY TO AN APPROVED PRIVATE RESIDEN- 42 TIAL SCHOOL OR APPROVED PROVIDER OF PRESCHOOL SPECIAL EDUCATION THAT 43 PROVIDES A RESIDENTIAL PROGRAM THAT ALSO PROVIDES A DAY PROGRAM OR OTHER 44 NON-RESIDENTIAL PROGRAM IF THE STUDENTS IN SUCH NON-RESIDENTIAL PROGRAM 45 ARE NOT CHILDREN IN "RESIDENTIAL CARE," AS DEFINED IN SECTION FOUR 46 HUNDRED TWELVE-A OF THE SOCIAL SERVICES LAW, FOR WHOM ALLEGATIONS OF 47 ABUSE OF A CHILD IN RESIDENTIAL CARE OR NEGLECT OF A CHILD IN RESIDEN- 48 TIAL CARE ARE SUBJECT TO MANDATORY REPORTING TO THE STATEWIDE CENTRAL 49 REGISTER OF CHILD ABUSE AND MALTREATMENT PURSUANT TO TITLE SIX OF ARTI- 50 CLE SIX OF THE SOCIAL SERVICES LAW. 51 S 6. Subdivision 2 of section 1126 of the education law, as added by 52 chapter 180 of the laws of 2000, is amended to read as follows: 53 2. [In] (A) EXCEPT AS OTHERWISE PROVIDED IN PARAGRAPH (B) OF THIS 54 SUBDIVISION, IN any case where it is alleged that a child was abused by 55 an employee, or volunteer of a school other than a school within the 56 school district of the child's attendance, the report of such allega- S. 5556--A 5 1 tions shall be promptly forwarded to the superintendent of schools of 2 the school district of the child's attendance and the school district 3 where the abuse allegedly occurred, whereupon both school superinten- 4 dents shall comply with sections eleven hundred twenty-eight and eleven 5 hundred twenty-eight-a of this article. 6 (B) IN THE CASE OF A NON-RESIDENTIAL SPECIAL EDUCATION SCHOOL, WHERE 7 IT IS ALLEGED THAT A CHILD WAS ABUSED BY AN EMPLOYEE OR VOLUNTEER OF 8 SUCH NON-RESIDENTIAL SPECIAL EDUCATION SCHOOL, THE REPORT OF SUCH ALLE- 9 GATIONS SHALL BE PROMPTLY FORWARDED TO THE ADMINISTRATOR OF SUCH SCHOOL, 10 WHO SHALL BE RESPONSIBLE FOR COMPLIANCE WITH ALL THE PROVISIONS OF THIS 11 ARTICLE THAT APPLY TO SUPERINTENDENTS OF SCHOOLS. 12 S 7. Subdivision 1 of section 1128-a of the education law, as added by 13 chapter 180 of the laws of 2000, is amended to read as follows: 14 1. Where a superintendent of schools OR SCHOOL ADMINISTRATOR forwards 15 to law enforcement a report as described in paragraph (a) of subdivision 16 one of section eleven hundred twenty-six of this article, he or she 17 shall refer such report to the commissioner where the employee or volun- 18 teer alleged to have committed an act of child abuse as defined in this 19 article holds a certification or license issued by the department. 20 S 8. Subdivision 3 of section 1133 of the education law, as added by 21 chapter 180 of the laws of 2000, is amended to read as follows: 22 3. Any superintendent of schools OR SCHOOL ADMINISTRATOR who reason- 23 ably and in good faith reports to law enforcement officials information 24 regarding allegations of child abuse or a resignation as required by 25 this article shall have immunity from any liability, civil or criminal, 26 which might otherwise result by reason of such actions. 27 S 9. Paragraph a of subdivision 39 of section 1604 of the education 28 law, as amended by chapter 147 of the laws of 2001, is amended to read 29 as follows: 30 a. Shall require, for purposes of a criminal history record check, the 31 fingerprinting of all prospective employees pursuant to section three 32 thousand thirty-five of this chapter, who do not hold valid clearance 33 pursuant to such section or pursuant to section three thousand four-b of 34 this chapter or section five hundred nine-cc or twelve hundred twenty- 35 nine-d of the vehicle and traffic law. Prior to initiating the finger- 36 printing process, the prospective employer shall furnish the applicant 37 with the form described in paragraph (c) of subdivision thirty of 38 section three hundred five of this chapter and shall obtain the appli- 39 cant's consent to the criminal history records search. PROSPECTIVE 40 EMPLOYEES, INCLUDING OUT-OF-STATE APPLICANTS TO THE EXTENT PRACTICABLE, 41 SHALL BE FINGERPRINTED BY AUTHORIZED PERSONNEL AT DESIGNATED FINGER- 42 PRINTING ENTITIES APPROVED BY THE DEPARTMENT, USING ELECTRONIC SCANNING 43 TECHNOLOGY APPROVED BY THE DEPARTMENT. OUT-OF-STATE PROSPECTIVE EMPLOY- 44 EES WHO SUBMIT FINGERPRINT CARDS AND ARE NOT FINGERPRINTED ELECTRON- 45 ICALLY PURSUANT TO THE REQUIREMENTS OF THIS PARAGRAPH SHALL BE FINGER- 46 PRINTED ELECTRONICALLY PRIOR TO EMPLOYMENT WITHIN THE STATE. IN ADDITION 47 TO THE REQUIREMENTS OF THIS PARAGRAPH, THE COMMISSIONER SHALL ESTABLISH 48 MINIMUM STANDARDS AND PROCEDURES FOR IDENTIFICATION VERIFICATION TO BE 49 FOLLOWED AT FINGERPRINTING SITES, WHICH SHALL INCLUDE THE REQUIREMENTS 50 OF THIS SECTION IN REGULATIONS OF THE COMMISSIONER. PRIOR TO INITIATING 51 THE FINGERPRINTING PROCESS AND IN THE PRESENCE OF AUTHORIZED PERSONNEL, 52 A PROSPECTIVE EMPLOYEE SHALL SIGN A SWORN STATEMENT PREPARED BY THE 53 DEPARTMENT VERIFYING THE PROSPECTIVE EMPLOYEE'S IDENTITY AND PRESENT TWO 54 FORMS OF IDENTIFICATION, ONE OF WHICH SHALL BE AN OFFICIAL GOVERNMENT 55 ISSUED PHOTO IDENTIFICATION CAPABLE OF BEING VERIFIED. A PHOTOGRAPH OF 56 THE PROSPECTIVE EMPLOYEE SHALL BE TAKEN BY AUTHORIZED PERSONNEL AND S. 5556--A 6 1 AFFIXED TO THE PROSPECTIVE EMPLOYEE'S SIGNED, SWORN STATEMENT. UPON 2 COMPLETION OF THE FINGERPRINTING PROCESS, THE AUTHORIZED PERSONNEL SHALL 3 SIGN AN AFFIDAVIT, ON A FORM PRESCRIBED BY THE COMMISSIONER, ATTESTING 4 THAT HE OR SHE VERIFIED THE PHOTO IDENTIFICATION PRESENTED, WITNESSED 5 THE SIGNATURE AND PROCESSED THE FINGERPRINTS IN ACCORDANCE WITH THIS 6 CHAPTER AND THE RULES AND REGULATIONS OF THE DEPARTMENT. THESE RECORDS 7 SHALL BE RETAINED AS BUSINESS RECORDS AS DEFINED IN SUBDIVISION TWO OF 8 SECTION 175.00 OF THE PENAL LAW FOR THE DURATION OF THE INDIVIDUAL'S 9 EMPLOYMENT IN A MANNER PRESCRIBED BY THE COMMISSIONER. Every set of 10 fingerprints taken pursuant to this subdivision shall be promptly 11 submitted to the commissioner for purposes of clearance for employment. 12 S 10. Paragraph a of subdivision 39 of section 1709 of the education 13 law, as amended by chapter 147 of the laws of 2001, is amended to read 14 as follows: 15 a. Shall require, for purposes of a criminal history record check, the 16 fingerprinting of all prospective employees pursuant to section three 17 thousand thirty-five of this chapter, who do not hold valid clearance 18 pursuant to such section or pursuant to section three thousand four-b of 19 this chapter or section five hundred nine-cc or twelve hundred twenty- 20 nine-d of the vehicle and traffic law. Prior to initiating the finger- 21 printing process, the prospective employer shall furnish the applicant 22 with the form described in paragraph (c) of subdivision thirty of 23 section three hundred five of this chapter and shall obtain the appli- 24 cant's consent to the criminal history records search. PROSPECTIVE 25 EMPLOYEES, INCLUDING OUT-OF-STATE APPLICANTS TO THE EXTENT PRACTICABLE, 26 SHALL BE FINGERPRINTED BY AUTHORIZED PERSONNEL AT DESIGNATED FINGER- 27 PRINTING ENTITIES APPROVED BY THE DEPARTMENT, USING ELECTRONIC SCANNING 28 TECHNOLOGY APPROVED BY THE DEPARTMENT. OUT-OF-STATE PROSPECTIVE EMPLOY- 29 EES WHO SUBMIT FINGERPRINT CARDS AND ARE NOT FINGERPRINTED ELECTRON- 30 ICALLY PURSUANT TO THE REQUIREMENTS OF THIS PARAGRAPH SHALL BE FINGER- 31 PRINTED ELECTRONICALLY PRIOR TO EMPLOYMENT WITHIN THE STATE. IN ADDITION 32 TO THE REQUIREMENTS OF THIS PARAGRAPH, THE COMMISSIONER SHALL ESTABLISH 33 MINIMUM STANDARDS AND PROCEDURES FOR IDENTIFICATION VERIFICATION TO BE 34 FOLLOWED AT FINGERPRINTING SITES, WHICH SHALL INCLUDE THE REQUIREMENTS 35 OF THIS SECTION IN REGULATIONS OF THE COMMISSIONER. PRIOR TO INITIATING 36 THE FINGERPRINTING PROCESS AND IN THE PRESENCE OF AUTHORIZED PERSONNEL, 37 A PROSPECTIVE EMPLOYEE SHALL SIGN A SWORN STATEMENT PREPARED BY THE 38 DEPARTMENT VERIFYING THE PROSPECTIVE EMPLOYEE'S IDENTITY AND PRESENT TWO 39 FORMS OF IDENTIFICATION, ONE OF WHICH SHALL BE AN OFFICIAL GOVERNMENT 40 ISSUED PHOTO IDENTIFICATION CAPABLE OF BEING VERIFIED. A PHOTOGRAPH OF 41 THE PROSPECTIVE EMPLOYEE SHALL BE TAKEN BY AUTHORIZED PERSONNEL AND 42 AFFIXED TO THE PROSPECTIVE EMPLOYEE'S SIGNED, SWORN STATEMENT. UPON 43 COMPLETION OF THE FINGERPRINTING PROCESS, THE AUTHORIZED PERSONNEL SHALL 44 SIGN AN AFFIDAVIT, ON A FORM PRESCRIBED BY THE COMMISSIONER, ATTESTING 45 THAT HE OR SHE VERIFIED THE PHOTO IDENTIFICATION PRESENTED, WITNESSED 46 THE SIGNATURE AND PROCESSED THE FINGERPRINTS IN ACCORDANCE WITH THIS 47 CHAPTER AND THE RULES AND REGULATIONS OF THE DEPARTMENT. THESE RECORDS 48 SHALL BE RETAINED AS BUSINESS RECORDS AS DEFINED IN SUBDIVISION TWO OF 49 SECTION 175.00 OF THE PENAL LAW FOR THE DURATION OF THE INDIVIDUAL'S 50 EMPLOYMENT IN A MANNER PRESCRIBED BY THE COMMISSIONER. Every set of 51 fingerprints taken pursuant to this subdivision shall be promptly 52 submitted to the commissioner for purposes of clearance for employment. 53 S 11. Paragraph a of subdivision 9 of section 1804 of the education 54 law, as amended by chapter 147 of the laws of 2001, is amended to read 55 as follows: S. 5556--A 7 1 a. The board of education shall, for purposes of a criminal history 2 record check, require the fingerprinting of all prospective employees 3 pursuant to section three thousand thirty-five of this chapter, who do 4 not hold valid clearance pursuant to such section or pursuant to section 5 three thousand four-b of this chapter or section five hundred nine-cc or 6 twelve hundred twenty-nine-d of the vehicle and traffic law. Prior to 7 initiating the fingerprinting process, the prospective employer shall 8 furnish the applicant with the form described in paragraph (c) of subdi- 9 vision thirty of section three hundred five of this chapter and shall 10 obtain the applicant's consent to the criminal history records search. 11 PROSPECTIVE EMPLOYEES, INCLUDING OUT-OF-STATE APPLICANTS TO THE EXTENT 12 PRACTICABLE, SHALL BE FINGERPRINTED BY AUTHORIZED PERSONNEL AT DESIG- 13 NATED FINGERPRINTING ENTITIES APPROVED BY THE DEPARTMENT, USING ELEC- 14 TRONIC SCANNING TECHNOLOGY APPROVED BY THE DEPARTMENT. OUT-OF-STATE 15 PROSPECTIVE EMPLOYEES WHO SUBMIT FINGERPRINT CARDS AND ARE NOT FINGER- 16 PRINTED ELECTRONICALLY PURSUANT TO THE REQUIREMENTS OF THIS PARAGRAPH 17 SHALL BE FINGERPRINTED ELECTRONICALLY PRIOR TO EMPLOYMENT WITHIN THE 18 STATE. IN ADDITION TO THE REQUIREMENTS OF THIS PARAGRAPH, THE COMMIS- 19 SIONER SHALL ESTABLISH MINIMUM STANDARDS AND PROCEDURES FOR IDENTIFICA- 20 TION VERIFICATION TO BE FOLLOWED AT FINGERPRINTING SITES, WHICH SHALL 21 INCLUDE THE REQUIREMENTS OF THIS SECTION IN REGULATIONS OF THE COMMIS- 22 SIONER. PRIOR TO INITIATING THE FINGERPRINTING PROCESS AND IN THE PRES- 23 ENCE OF AUTHORIZED PERSONNEL, A PROSPECTIVE EMPLOYEE SHALL SIGN A SWORN 24 STATEMENT PREPARED BY THE DEPARTMENT VERIFYING THE PROSPECTIVE EMPLOY- 25 EE'S IDENTITY AND PRESENT TWO FORMS OF IDENTIFICATION, ONE OF WHICH 26 SHALL BE AN OFFICIAL GOVERNMENT ISSUED PHOTO IDENTIFICATION CAPABLE OF 27 BEING VERIFIED. A PHOTOGRAPH OF THE PROSPECTIVE EMPLOYEE SHALL BE TAKEN 28 BY AUTHORIZED PERSONNEL AND AFFIXED TO THE PROSPECTIVE EMPLOYEE'S 29 SIGNED, SWORN STATEMENT. UPON COMPLETION OF THE FINGERPRINTING PROCESS, 30 THE AUTHORIZED PERSONNEL SHALL SIGN AN AFFIDAVIT, ON A FORM PRESCRIBED 31 BY THE COMMISSIONER, ATTESTING THAT HE OR SHE VERIFIED THE PHOTO IDEN- 32 TIFICATION PRESENTED, WITNESSED THE SIGNATURE AND PROCESSED THE FINGER- 33 PRINTS IN ACCORDANCE WITH THIS CHAPTER AND THE RULES AND REGULATIONS OF 34 THE DEPARTMENT. THESE RECORDS SHALL BE RETAINED AS BUSINESS RECORDS AS 35 DEFINED IN SUBDIVISION TWO OF SECTION 175.00 OF THE PENAL LAW FOR THE 36 DURATION OF THE INDIVIDUAL'S EMPLOYMENT IN A MANNER PRESCRIBED BY THE 37 COMMISSIONER. Every set of fingerprints taken pursuant to this subdivi- 38 sion shall be promptly submitted to the commissioner for purposes of 39 clearance for employment. 40 S 12. Subparagraph a of paragraph ll of subdivision 4 of section 1950 41 of the education law, as amended by chapter 147 of the laws of 2001, is 42 amended to read as follows: 43 a. Shall require, for purposes of a criminal history record check, the 44 fingerprinting of all prospective employees pursuant to section three 45 thousand thirty-five of this chapter, who do not hold valid clearance 46 pursuant to such section or pursuant to section three thousand four-b of 47 this chapter or section five hundred nine-cc or twelve hundred twenty- 48 nine-d of the vehicle and traffic law. Prior to initiating the finger- 49 printing process, the prospective employer shall furnish the applicant 50 with the form described in paragraph (c) of subdivision thirty of 51 section three hundred five of this chapter and shall obtain the appli- 52 cant's consent to the criminal history records search. PROSPECTIVE 53 EMPLOYEES, INCLUDING OUT-OF-STATE APPLICANTS TO THE EXTENT PRACTICABLE, 54 SHALL BE FINGERPRINTED BY AUTHORIZED PERSONNEL AT DESIGNATED FINGER- 55 PRINTING ENTITIES APPROVED BY THE DEPARTMENT, USING ELECTRONIC SCANNING 56 TECHNOLOGY APPROVED BY THE DEPARTMENT. OUT-OF-STATE PROSPECTIVE EMPLOY- S. 5556--A 8 1 EES WHO SUBMIT FINGERPRINT CARDS AND ARE NOT FINGERPRINTED ELECTRON- 2 ICALLY PURSUANT TO THE REQUIREMENTS OF THIS SUBPARAGRAPH SHALL BE FING- 3 ERPRINTED ELECTRONICALLY PRIOR TO EMPLOYMENT WITHIN THE STATE. IN 4 ADDITION TO THE REQUIREMENTS OF THIS SUBPARAGRAPH, THE COMMISSIONER 5 SHALL ESTABLISH MINIMUM STANDARDS AND PROCEDURES FOR IDENTIFICATION 6 VERIFICATION TO BE FOLLOWED AT FINGERPRINTING SITES, WHICH SHALL INCLUDE 7 THE REQUIREMENTS OF THIS SECTION IN REGULATIONS OF THE COMMISSIONER. 8 PRIOR TO INITIATING THE FINGERPRINTING PROCESS AND IN THE PRESENCE OF 9 AUTHORIZED PERSONNEL, A PROSPECTIVE EMPLOYEE SHALL SIGN A SWORN STATE- 10 MENT PREPARED BY THE DEPARTMENT VERIFYING THE PROSPECTIVE EMPLOYEE'S 11 IDENTITY AND PRESENT TWO FORMS OF IDENTIFICATION, ONE OF WHICH SHALL BE 12 AN OFFICIAL GOVERNMENT ISSUED PHOTO IDENTIFICATION CAPABLE OF BEING 13 VERIFIED. A PHOTOGRAPH OF THE PROSPECTIVE EMPLOYEE SHALL BE TAKEN BY 14 AUTHORIZED PERSONNEL AND AFFIXED TO THE PROSPECTIVE EMPLOYEE'S SIGNED, 15 SWORN STATEMENT. UPON COMPLETION OF THE FINGERPRINTING PROCESS, THE 16 AUTHORIZED PERSONNEL SHALL SIGN AN AFFIDAVIT, ON A FORM PRESCRIBED BY 17 THE COMMISSIONER, ATTESTING THAT HE OR SHE VERIFIED THE PHOTO IDENTIFI- 18 CATION PRESENTED, WITNESSED THE SIGNATURE AND PROCESSED THE FINGERPRINTS 19 IN ACCORDANCE WITH THIS CHAPTER AND THE RULES AND REGULATIONS OF THE 20 DEPARTMENT. THESE RECORDS SHALL BE RETAINED AS BUSINESS RECORDS AS 21 DEFINED IN SUBDIVISION TWO OF SECTION 175.00 OF THE PENAL LAW FOR THE 22 DURATION OF THE INDIVIDUAL'S EMPLOYMENT IN A MANNER PRESCRIBED BY THE 23 COMMISSIONER. Every set of fingerprints taken pursuant to this paragraph 24 shall be promptly submitted to the commissioner for purposes of clear- 25 ance for employment. 26 S 13. Subdivision 4 of section 1950 of the education law is amended by 27 adding a new paragraph oo to read as follows: 28 OO. TO PROCESS FINGERPRINTS TO BE UTILIZED IN CRIMINAL HISTORY RECORD 29 CHECKS FOR PROSPECTIVE EMPLOYEES OF NONPUBLIC ELEMENTARY AND SECONDARY 30 SCHOOLS, SPECIAL EDUCATION SCHOOLS, NON-COMPONENT SCHOOL DISTRICTS AND 31 CHARTER SCHOOLS PURSUANT TO SUBDIVISION THIRTY OF SECTION THREE HUNDRED 32 FIVE OF THIS CHAPTER AND TO ENTER CONTRACTS WITH SUCH SCHOOLS FOR SUCH 33 PURPOSE, AND TO PROCESS FINGERPRINTS FOR CRIMINAL HISTORY RECORDS 34 SEARCHES PURSUANT TO SECTION THREE THOUSAND THIRTY-FIVE OF THIS CHAPTER 35 FOR APPLICANTS FOR TEACHER CERTIFICATION AND FOR APPLICANTS FOR A CHAR- 36 TER AS A CHARTER SCHOOL PURSUANT TO SUBDIVISION FOUR OF SECTION TWENTY- 37 EIGHT HUNDRED FIFTY-TWO OF THIS CHAPTER. SUCH PROCESSING SERVICES SHALL 38 BE PROVIDED AT COST AND THE BOARD OF COOPERATIVE EDUCATIONAL SERVICES 39 SHALL NOT BE AUTHORIZED TO CHARGE ANY COSTS INCURRED IN PROVIDING SUCH 40 SERVICES TO ITS COMPONENT SCHOOL DISTRICTS. THE BOARD OF COOPERATIVE 41 EDUCATIONAL SERVICES ARE HEREBY AUTHORIZED TO DO AND PERFORM ANY AND ALL 42 ACTS NECESSARY OR CONVENIENT IN RELATION TO THE PROVISION OF SUCH 43 SERVICES. 44 S 14. Paragraph a of subdivision 18 of section 2503 of the education 45 law, as amended by chapter 147 of the laws of 2001, is amended to read 46 as follows: 47 a. Shall require, for purposes of a criminal history record check, the 48 fingerprinting of all prospective employees pursuant to section three 49 thousand thirty-five of this chapter, who do not hold valid clearance 50 pursuant to such section or pursuant to section three thousand four-b of 51 this chapter or section five hundred nine-cc or twelve hundred twenty- 52 nine-d of the vehicle and traffic law. Prior to initiating the finger- 53 printing process, the prospective employer shall furnish the applicant 54 with the form described in paragraph (c) of subdivision thirty of 55 section three hundred five of this chapter and shall obtain the appli- 56 cant's consent to the criminal history records search. Every set of S. 5556--A 9 1 fingerprints taken pursuant to this subdivision shall be promptly 2 submitted to the commissioner for purposes of clearance for employment. 3 PROSPECTIVE EMPLOYEES, INCLUDING OUT-OF-STATE APPLICANTS TO THE EXTENT 4 PRACTICABLE, SHALL BE FINGERPRINTED BY AUTHORIZED PERSONNEL AT DESIG- 5 NATED FINGERPRINTING ENTITIES APPROVED BY THE DEPARTMENT, USING ELEC- 6 TRONIC SCANNING TECHNOLOGY APPROVED BY THE DEPARTMENT. OUT-OF-STATE 7 PROSPECTIVE EMPLOYEES WHO SUBMIT FINGERPRINT CARDS AND ARE NOT FINGER- 8 PRINTED ELECTRONICALLY PURSUANT TO THE REQUIREMENTS OF THIS PARAGRAPH 9 SHALL BE FINGERPRINTED ELECTRONICALLY PRIOR TO EMPLOYMENT WITHIN THE 10 STATE. IN ADDITION TO THE REQUIREMENTS OF THIS PARAGRAPH, THE COMMIS- 11 SIONER SHALL ESTABLISH MINIMUM STANDARDS AND PROCEDURES FOR IDENTIFICA- 12 TION VERIFICATION TO BE FOLLOWED AT FINGERPRINTING SITES, WHICH SHALL 13 INCLUDE THE REQUIREMENTS OF THIS SECTION IN REGULATIONS OF THE COMMIS- 14 SIONER. PRIOR TO INITIATING THE FINGERPRINTING PROCESS AND IN THE PRES- 15 ENCE OF AUTHORIZED PERSONNEL, A PROSPECTIVE EMPLOYEE SHALL SIGN A SWORN 16 STATEMENT PREPARED BY THE DEPARTMENT VERIFYING THE PROSPECTIVE EMPLOY- 17 EE'S IDENTITY AND PRESENT TWO FORMS OF IDENTIFICATION, ONE OF WHICH 18 SHALL BE AN OFFICIAL GOVERNMENT ISSUED PHOTO IDENTIFICATION CAPABLE OF 19 BEING VERIFIED. A PHOTOGRAPH OF THE PROSPECTIVE EMPLOYEE SHALL BE TAKEN 20 BY AUTHORIZED PERSONNEL AND AFFIXED TO THE PROSPECTIVE EMPLOYEE'S 21 SIGNED, SWORN STATEMENT. UPON COMPLETION OF THE FINGERPRINTING PROCESS, 22 THE AUTHORIZED PERSONNEL SHALL SIGN AN AFFIDAVIT, ON A FORM PRESCRIBED 23 BY THE COMMISSIONER, ATTESTING THAT HE OR SHE VERIFIED THE PHOTO IDEN- 24 TIFICATION PRESENTED, WITNESSED THE SIGNATURE AND PROCESSED THE FINGER- 25 PRINTS IN ACCORDANCE WITH THIS CHAPTER AND THE RULES AND REGULATIONS OF 26 THE DEPARTMENT. THESE RECORDS SHALL BE RETAINED AS BUSINESS RECORDS AS 27 DEFINED IN SUBDIVISION TWO OF SECTION 175.00 OF THE PENAL LAW FOR THE 28 DURATION OF THE INDIVIDUAL'S EMPLOYMENT IN A MANNER PRESCRIBED BY THE 29 COMMISSIONER. 30 S 15. Paragraph a of subdivision 25 of section 2554 of the education 31 law, as amended by section 2 of chapter 91 of the laws of 2002, is 32 amended to read as follows: 33 a. Shall require, for purposes of a criminal history record check, the 34 fingerprinting of all prospective employees pursuant to section three 35 thousand thirty-five of this chapter, who do not hold valid clearance 36 pursuant to such section or pursuant to section three thousand four-b of 37 this chapter or section five hundred nine-cc or twelve hundred twenty- 38 nine-d of the vehicle and traffic law. Prior to initiating the finger- 39 printing process, the prospective employer shall furnish the applicant 40 with the form described in paragraph (c) of subdivision thirty of 41 section three hundred five of this chapter and shall obtain the appli- 42 cant's consent to the criminal history records search. Every set of 43 fingerprints taken pursuant to this subdivision shall be promptly 44 submitted to the commissioner for purposes of clearance for employment. 45 PROSPECTIVE EMPLOYEES, INCLUDING OUT-OF-STATE APPLICANTS TO THE EXTENT 46 PRACTICABLE, SHALL BE FINGERPRINTED BY AUTHORIZED PERSONNEL AT DESIG- 47 NATED FINGERPRINTING ENTITIES APPROVED BY THE DEPARTMENT, USING ELEC- 48 TRONIC SCANNING TECHNOLOGY APPROVED BY THE DEPARTMENT. OUT-OF-STATE 49 PROSPECTIVE EMPLOYEES WHO SUBMIT FINGERPRINT CARDS AND ARE NOT FINGER- 50 PRINTED ELECTRONICALLY PURSUANT TO THE REQUIREMENTS OF THIS PARAGRAPH 51 SHALL BE FINGERPRINTED ELECTRONICALLY PRIOR TO EMPLOYMENT WITHIN THE 52 STATE. IN ADDITION TO THE REQUIREMENTS OF THIS PARAGRAPH, THE COMMIS- 53 SIONER SHALL ESTABLISH MINIMUM STANDARDS AND PROCEDURES FOR IDENTIFICA- 54 TION VERIFICATION TO BE FOLLOWED AT FINGERPRINTING SITES, WHICH SHALL 55 INCLUDE THE REQUIREMENTS OF THIS SECTION IN REGULATIONS OF THE COMMIS- 56 SIONER. PRIOR TO INITIATING THE FINGERPRINTING PROCESS AND IN THE PRES- S. 5556--A 10 1 ENCE OF AUTHORIZED PERSONNEL, A PROSPECTIVE EMPLOYEE SHALL SIGN A SWORN 2 STATEMENT PREPARED BY THE DEPARTMENT VERIFYING THE PROSPECTIVE EMPLOY- 3 EE'S IDENTITY AND PRESENT TWO FORMS OF IDENTIFICATION, ONE OF WHICH 4 SHALL BE AN OFFICIAL GOVERNMENT ISSUED PHOTO IDENTIFICATION CAPABLE OF 5 BEING VERIFIED. A PHOTOGRAPH OF THE PROSPECTIVE EMPLOYEE SHALL BE TAKEN 6 BY AUTHORIZED PERSONNEL AND AFFIXED TO THE PROSPECTIVE EMPLOYEE'S 7 SIGNED, SWORN STATEMENT. UPON COMPLETION OF THE FINGERPRINTING PROCESS, 8 THE AUTHORIZED PERSONNEL SHALL SIGN AN AFFIDAVIT, ON A FORM PRESCRIBED 9 BY THE COMMISSIONER, ATTESTING THAT HE OR SHE VERIFIED THE PHOTO IDEN- 10 TIFICATION PRESENTED, WITNESSED THE SIGNATURE AND PROCESSED THE FINGER- 11 PRINTS IN ACCORDANCE WITH THIS CHAPTER AND THE RULES AND REGULATIONS OF 12 THE DEPARTMENT. THESE RECORDS SHALL BE RETAINED AS BUSINESS RECORDS AS 13 DEFINED IN SUBDIVISION TWO OF SECTION 175.00 OF THE PENAL LAW FOR THE 14 DURATION OF THE INDIVIDUAL'S EMPLOYMENT IN A MANNER PRESCRIBED BY THE 15 COMMISSIONER. 16 S 16. Subdivision 20 of section 2590-h of the education law, as 17 amended by chapter 345 of the laws of 2009, is amended to read as 18 follows: 19 20. Ensure compliance with qualifications established for all person- 20 nel employed in the city district, including the taking of fingerprints 21 as a prerequisite for licensure and/or employment of such personnel AND, 22 THE TAKING OF FINGERPRINTS AS A PREREQUISITE FOR LICENSURE AND/OR 23 EMPLOYMENT OF PERSONNEL EMPLOYED BY A SPECIAL EDUCATION SCHOOL, AS 24 DEFINED IN SUBDIVISION THIRTY OF SECTION THREE HUNDRED FIVE OF THIS 25 CHAPTER, THAT CONTRACTS WITH THE CITY SCHOOL DISTRICT OF THE CITY OF NEW 26 YORK. Every set of fingerprints taken pursuant to this subdivision 27 shall be promptly submitted to the division of criminal justice services 28 where it shall be appropriately processed. Furthermore, the division of 29 criminal justice services is authorized to submit the fingerprints to 30 the federal bureau of investigation for a national criminal history 31 record check. 32 S 16-a. Subdivision 20 of section 2590-h of the education law, as 33 amended by chapter 100 of the laws of 2003, is amended to read as 34 follows: 35 20. Ensure compliance with qualifications established for all person- 36 nel employed in the city district, including the taking of fingerprints 37 as a prerequisite for licensure and/or employment of such personnel AND, 38 THE TAKING OF FINGERPRINTS AS A PREREQUISITE FOR LICENSURE AND/OR 39 EMPLOYMENT OF PERSONNEL EMPLOYED BY A SPECIAL EDUCATION SCHOOL, AS 40 DEFINED IN SUBDIVISION THIRTY OF SECTION THREE HUNDRED FIVE OF THIS 41 CHAPTER, THAT CONTRACTS WITH THE CITY SCHOOL DISTRICT OF THE CITY OF NEW 42 YORK. Every set of fingerprints taken pursuant to this subdivision 43 shall be promptly submitted to the division of criminal justice services 44 where it shall be appropriately processed. Furthermore, the division of 45 criminal justice services is authorized to submit the fingerprints to 46 the federal bureau of investigation for a national criminal history 47 record check. 48 S 17. Subparagraph (i) of paragraph (a-2) of subdivision 3 of section 49 2854 of the education law, as amended by chapter 147 of the laws of 50 2001, is amended to read as follows: 51 (i) The board of trustees of a charter school shall require, for 52 purposes of a criminal history record check, the fingerprinting of all 53 prospective employees pursuant to section three thousand thirty-five of 54 this chapter, who do not hold valid clearance pursuant to such section 55 or pursuant to section three thousand four-b of this chapter or section 56 five hundred nine-cc or twelve hundred twenty-nine-d of the vehicle and S. 5556--A 11 1 traffic law. Prior to initiating the fingerprinting process, the 2 prospective employer shall furnish the applicant with the form described 3 in paragraph (c) of subdivision thirty of section three hundred five of 4 this chapter and shall obtain the applicant's consent to the criminal 5 history records search. PROSPECTIVE EMPLOYEES, INCLUDING OUT-OF-STATE 6 APPLICANTS TO THE EXTENT PRACTICABLE, SHALL BE FINGERPRINTED BY AUTHOR- 7 IZED PERSONNEL AT DESIGNATED FINGERPRINTING ENTITIES APPROVED BY THE 8 DEPARTMENT, USING ELECTRONIC SCANNING TECHNOLOGY APPROVED BY THE DEPART- 9 MENT. OUT-OF-STATE PROSPECTIVE EMPLOYEES WHO SUBMIT FINGERPRINT CARDS 10 AND ARE NOT FINGERPRINTED ELECTRONICALLY PURSUANT TO THE REQUIREMENTS OF 11 THIS SUBPARAGRAPH SHALL BE FINGERPRINTED ELECTRONICALLY PRIOR TO EMPLOY- 12 MENT WITHIN THE STATE. IN ADDITION TO THE REQUIREMENTS OF THIS SUBPARA- 13 GRAPH, THE COMMISSIONER SHALL ESTABLISH MINIMUM STANDARDS AND PROCEDURES 14 FOR IDENTIFICATION VERIFICATION TO BE FOLLOWED AT FINGERPRINTING SITES, 15 WHICH SHALL INCLUDE THE REQUIREMENTS OF THIS SECTION IN REGULATIONS OF 16 THE COMMISSIONER. PRIOR TO INITIATING THE FINGERPRINTING PROCESS AND IN 17 THE PRESENCE OF AUTHORIZED PERSONNEL, A PROSPECTIVE EMPLOYEE SHALL SIGN 18 A SWORN STATEMENT PREPARED BY THE DEPARTMENT VERIFYING THE PROSPECTIVE 19 EMPLOYEE'S IDENTITY AND PRESENT TWO FORMS OF IDENTIFICATION, ONE OF 20 WHICH SHALL BE AN OFFICIAL GOVERNMENT ISSUED PHOTO IDENTIFICATION CAPA- 21 BLE OF BEING VERIFIED. A PHOTOGRAPH OF THE PROSPECTIVE EMPLOYEE SHALL BE 22 TAKEN BY AUTHORIZED PERSONNEL AND AFFIXED TO THE PROSPECTIVE EMPLOYEE'S 23 SIGNED, SWORN STATEMENT. UPON COMPLETION OF THE FINGERPRINTING PROCESS, 24 THE AUTHORIZED PERSONNEL SHALL SIGN AN AFFIDAVIT, ON A FORM PRESCRIBED 25 BY THE COMMISSIONER, ATTESTING THAT HE OR SHE VERIFIED THE PHOTO IDEN- 26 TIFICATION PRESENTED, WITNESSED THE SIGNATURE AND PROCESSED THE FINGER- 27 PRINTS IN ACCORDANCE WITH THIS CHAPTER AND THE RULES AND REGULATIONS OF 28 THE DEPARTMENT. THESE RECORDS SHALL BE RETAINED AS BUSINESS RECORDS AS 29 DEFINED IN SUBDIVISION TWO OF SECTION 175.00 OF THE PENAL LAW FOR THE 30 DURATION OF THE INDIVIDUAL'S EMPLOYMENT IN A MANNER PRESCRIBED BY THE 31 COMMISSIONER. Every set of fingerprints taken pursuant to this paragraph 32 shall be promptly submitted to the commissioner for purposes of clear- 33 ance for employment. 34 S 18. Subdivision 1 of section 3004-b of the education law, as sepa- 35 rately amended by chapters 147 and 380 of the laws of 2001, is amended 36 to read as follows: 37 1. Criminal history records search. Upon receipt of an application for 38 certification as a superintendent of schools, teacher, administrator or 39 supervisor, teaching assistant or school personnel required to hold a 40 teaching or administrative license or certificate, the commissioner 41 shall, subject to the rules and regulations of the division of criminal 42 justice services, initiate a criminal history records search of the 43 person making application, except that nothing in this section shall be 44 construed to require a criminal history record check of an individual 45 who holds a valid provisional certificate on the effective date of this 46 section and applies for permanent certification in the same certificate 47 title, or of an individual who applies for a temporary license to serve 48 in the city school district of the city of New York and has been cleared 49 for licensure and/or employment by such city school district pursuant to 50 subdivision twenty of section twenty-five hundred ninety-h of this chap- 51 ter. Prior to initiating the fingerprinting process, the commissioner 52 shall furnish the applicant with the form described in paragraph (c) of 53 subdivision thirty of section three hundred five of this chapter and 54 shall obtain the applicant's consent to the criminal history records 55 search. APPLICANTS FOR CERTIFICATION, WHO ARE REQUIRED TO BE FINGER- 56 PRINTED UNDER THIS SECTION, INCLUDING OUT-OF-STATE APPLICANTS TO THE S. 5556--A 12 1 EXTENT PRACTICABLE, SHALL BE FINGERPRINTED BY AUTHORIZED PERSONNEL AT 2 DESIGNATED FINGERPRINTING ENTITIES APPROVED BY THE DEPARTMENT, USING 3 ELECTRONIC SCANNING TECHNOLOGY APPROVED BY THE DEPARTMENT. OUT-OF-STATE 4 PROSPECTIVE EMPLOYEES WHO SUBMIT FINGERPRINT CARDS AND ARE NOT FINGER- 5 PRINTED ELECTRONICALLY PURSUANT TO THE REQUIREMENTS OF THIS SUBDIVISION 6 SHALL BE FINGERPRINTED ELECTRONICALLY PRIOR TO EMPLOYMENT WITHIN THE 7 STATE. IN ADDITION TO THE REQUIREMENTS OF THIS SUBDIVISION, THE COMMIS- 8 SIONER SHALL ESTABLISH MINIMUM STANDARDS AND PROCEDURES FOR IDENTIFICA- 9 TION VERIFICATION TO BE FOLLOWED AT FINGERPRINTING SITES, WHICH SHALL 10 INCLUDE THE REQUIREMENTS OF THIS SECTION IN REGULATIONS OF THE COMMIS- 11 SIONER. PRIOR TO INITIATING THE FINGERPRINTING PROCESS AND IN THE PRES- 12 ENCE OF AUTHORIZED PERSONNEL, A PROSPECTIVE EMPLOYEE SHALL SIGN A SWORN 13 STATEMENT PREPARED BY THE DEPARTMENT VERIFYING THE PROSPECTIVE EMPLOY- 14 EE'S IDENTITY AND PRESENT TWO FORMS OF IDENTIFICATION, ONE OF WHICH 15 SHALL BE AN OFFICIAL GOVERNMENT ISSUED PHOTO IDENTIFICATION CAPABLE OF 16 BEING VERIFIED. A PHOTOGRAPH OF THE PROSPECTIVE EMPLOYEE SHALL BE TAKEN 17 BY AUTHORIZED PERSONNEL AND AFFIXED TO THE PROSPECTIVE EMPLOYEE'S 18 SIGNED, SWORN STATEMENT. UPON COMPLETION OF THE FINGERPRINTING PROCESS, 19 THE AUTHORIZED PERSONNEL SHALL SIGN AN AFFIDAVIT, ON A FORM PRESCRIBED 20 BY THE COMMISSIONER, ATTESTING THAT HE OR SHE VERIFIED THE PHOTO IDEN- 21 TIFICATION PRESENTED, WITNESSED THE SIGNATURE AND PROCESSED THE FINGER- 22 PRINTS IN ACCORDANCE WITH THIS CHAPTER AND THE RULES AND REGULATIONS OF 23 THE DEPARTMENT. THESE RECORDS SHALL BE RETAINED AS BUSINESS RECORDS AS 24 DEFINED IN SUBDIVISION TWO OF SECTION 175.00 OF THE PENAL LAW FOR THE 25 DURATION OF THE INDIVIDUAL'S EMPLOYMENT IN A MANNER PRESCRIBED BY THE 26 COMMISSIONER. The commissioner shall obtain from each applicant ONE SET, 27 OR WHERE NECESSARY, two sets of fingerprints and the division of crimi- 28 nal justice services processing fee imposed pursuant to subdivision 29 eight-a of section eight hundred thirty-seven of the executive law and 30 any fee imposed by the federal bureau of investigation. The commissioner 31 shall promptly transmit such fingerprints and fees to the division of 32 criminal justice services for its full search and retain processing. The 33 division of criminal justice services is authorized to submit the fing- 34 erprints and the appropriate fee to the federal bureau of investigation 35 for a national criminal history record check. The division of criminal 36 justice services and the federal bureau of investigation shall forward 37 such criminal history record to the commissioner in a timely manner. For 38 the purposes of this section the term "criminal history record" shall 39 mean a record of all convictions of crimes and any pending criminal 40 charges maintained on an individual by the division of criminal justice 41 services and the federal bureau of investigation. In addition, upon 42 request from an applicant who has applied for employment with the city 43 school district of the city of New York, the commissioner shall have the 44 authority to forward a copy of such criminal history record to the city 45 school district of the city of New York by the most expeditious means 46 available. Furthermore, upon notification that such applicant is 47 employed by the city school district of the city of New York, the divi- 48 sion of criminal justice services shall have the authority to provide 49 subsequent criminal history notifications directly to the city school 50 district of the city of New York. Upon request from an applicant who has 51 already been cleared for licensure and/or employment by the city school 52 district of the city of New York, such school district shall have the 53 authority to forward a copy of the applicant's criminal history record 54 to the commissioner, by the most expeditious means available, for the 55 purposes of this section. Furthermore, upon notification that such 56 applicant has been certified, the division of criminal justice services S. 5556--A 13 1 shall have the authority to provide subsequent criminal history notifi- 2 cations directly to the commissioner. All such criminal history records 3 processed and sent pursuant to this subdivision shall be confidential 4 pursuant to the applicable federal and state laws, rules and regu- 5 lations, and shall not be published or in any way disclosed to persons 6 other than the commissioner, unless otherwise authorized by law. No 7 cause of action against the department or the division of criminal 8 justice services for damages related to the dissemination of criminal 9 history records pursuant to this subdivision shall exist when the 10 department or division of criminal justice services has reasonably and 11 in good faith relied upon the accuracy and completeness of criminal 12 history information furnished to it by qualified agencies. The provision 13 of such criminal history record by the division of criminal justice 14 services shall be subject to the provisions of subdivision sixteen of 15 section two hundred ninety-six of the executive law. The commissioner 16 shall consider such criminal history record pursuant to article twenty- 17 three-A of the correction law. 18 S 19. Paragraph b of subdivision 2 of section 3020-a of the education 19 law, as amended by section 1 of part B of chapter 57 of the laws of 20 2012, is amended to read as follows: 21 b. The employee may be suspended pending a hearing on the charges and 22 the final determination thereof. The suspension shall be with pay, 23 except the employee may be suspended without pay if the employee has 24 entered a guilty plea to or has been convicted of a felony crime 25 concerning the criminal sale or possession of a controlled substance, a 26 precursor of a controlled substance, or drug paraphernalia as defined in 27 article two hundred twenty or two hundred twenty-one of the penal law; 28 or a felony crime involving the physical abuse of a minor or student , 29 OR A FELONY CRIME INVOLVING THE SUBMISSION OF FALSE INFORMATION, OR THE 30 COMMISSION OF FRAUD, RELATED TO A CRIMINAL HISTORY RECORD CHECK. The 31 employee shall be terminated without a hearing, as provided for in this 32 section, upon conviction of a sex offense, as defined in subparagraph 33 two of paragraph b of subdivision seven-a of section three hundred five 34 of this chapter. To the extent this section applies to an employee 35 acting as a school administrator or supervisor, as defined in subpara- 36 graph three of paragraph b of subdivision seven-b of section three 37 hundred five of this chapter, such employee shall be terminated without 38 a hearing, as provided for in this section, upon conviction of a felony 39 offense defined in subparagraph two of paragraph b of subdivision 40 seven-b of section three hundred five of this chapter. 41 S 20. Subdivision 1 of section 3035 of the education law, as amended 42 by chapter 630 of the laws of 2006, is amended to read as follows: 43 1. The commissioner shall submit to the division of criminal justice 44 services ONE SET OR WHERE NECESSARY, two sets of fingerprints of 45 prospective employees as defined in subdivision three of section eleven 46 hundred twenty-five of this chapter received from a school district, 47 charter school or board of cooperative educational services and of 48 prospective employees received from nonpublic and private elementary and 49 secondary schools pursuant to title two of this chapter OR A SPECIAL 50 EDUCATION SCHOOL, AS DEFINED IN PARAGRAPH (F) OF SUBDIVISION THIRTY OF 51 SECTION THREE HUNDRED FIVE OF THIS CHAPTER, PURSUANT TO TITLE SIX OF 52 ARTICLE SIX OF THE SOCIAL SERVICES LAW, OTHER THAN A SPECIAL EDUCATION 53 SCHOOL LOCATED IN THE CITY OF NEW YORK, and the division of criminal 54 justice services processing fee imposed pursuant to subdivision eight-a 55 of section eight hundred thirty-seven of the executive law and any fee 56 imposed by the federal bureau of investigation. The division of criminal S. 5556--A 14 1 justice services and the federal bureau of investigation shall forward 2 such criminal history record to the commissioner in a timely manner. For 3 the purposes of this section, the term "criminal history record" shall 4 mean a record of all convictions of crimes and any pending criminal 5 charges maintained on an individual by the division of criminal justice 6 services and the federal bureau of investigation. All such criminal 7 history records sent to the commissioner pursuant to this subdivision 8 shall be confidential pursuant to the applicable federal and state laws, 9 rules and regulations, and shall not be published or in any way 10 disclosed to persons other than the commissioner, unless otherwise 11 authorized by law. 12 S 21. Subdivisions 3 and 3-a of section 3035 of the education law, 13 subdivision 3 as amended by section 7 of chapter 630 of the laws of 2006 14 and subdivision 3-a as added by chapter 380 of the laws of 2001, are 15 amended to read as follows: 16 3. (a) Clearance. After receipt of a criminal history record from the 17 division of criminal justice services and the federal bureau of investi- 18 gation the commissioner shall promptly notify the appropriate school 19 district, charter school, board of cooperative educational services, 20 [or] nonpublic or private elementary or secondary school, OR SPECIAL 21 EDUCATION SCHOOL whether the prospective employee to which such report 22 relates is cleared for employment based upon his or her criminal histo- 23 ry. All determinations to grant or deny clearance for employment pursu- 24 ant to this paragraph shall be performed in accordance with subdivision 25 sixteen of section two hundred ninety-six of the executive law and arti- 26 cle twenty-three-A of the correction law. When the commissioner denies a 27 prospective employee clearance for employment, such prospective employee 28 shall be afforded notice and the right to be heard and offer proof in 29 opposition to such determination in accordance with the regulations of 30 the commissioner, PROVIDED THAT IN THE CASE OF PROSPECTIVE EMPLOYEES OF 31 STATE SCHOOLS PURSUANT TO ARTICLE EIGHTY-SEVEN OR EIGHTY-EIGHT OF THIS 32 CHAPTER THE DUE PROCESS PROCEDURES ESTABLISHED BY THE COMMISSIONER 33 PURSUANT TO SECTION FIFTY OF THE CIVIL SERVICE LAW SHALL APPLY. 34 (b) Conditional clearance. When the commissioner receives a request 35 for a determination on the conditional clearance of a prospective 36 employee, the commissioner, after receipt of a criminal history record 37 from the division of criminal justice services, shall promptly notify 38 the prospective employee and the appropriate school district, charter 39 school, board of cooperative educational services, [or] nonpublic or 40 private elementary or secondary school OR SPECIAL EDUCATION SCHOOL that 41 the prospective employee to which such report relates is conditionally 42 cleared for employment based upon his or her criminal history or that 43 more time is needed to make the determination. If the commissioner 44 determines that more time is needed, the notification shall include a 45 good faith estimate of the amount of additional time needed. Such 46 notification shall be made within fifteen business days after the 47 commissioner receives the prospective employee's fingerprints. All 48 determinations to grant or deny conditional clearance for employment 49 pursuant to this paragraph shall be performed in accordance with subdi- 50 vision sixteen of section two hundred ninety-six of the executive law 51 and article twenty-three-A of the correction law. 52 3-a. Upon request from a prospective employee who has been cleared by 53 the commissioner for employment and/or certification, the commissioner 54 shall have the authority to forward a copy of such criminal history 55 record to the city school district of the city of New York by the most 56 expeditious means available. Furthermore, upon notification that such S. 5556--A 15 1 prospective employee is employed by the city school district of the city 2 of New York OR IS EMPLOYED BY A SPECIAL EDUCATION SCHOOL THAT CONTRACTS 3 WITH THE CITY SCHOOL DISTRICT OF THE CITY OF NEW YORK, the division of 4 criminal justice services shall have the authority to provide subsequent 5 criminal history notifications directly to the city school district of 6 the city of New York. Upon request from a prospective employee who has 7 been cleared for licensure and/or employment by the city school district 8 of the city of New York OR HAS BEEN CLEARED BY THE CITY OF NEW YORK FOR 9 EMPLOYMENT BY A SPECIAL EDUCATION SCHOOL THAT IS LOCATED OUTSIDE OF THE 10 CITY SCHOOL DISTRICT OF THE CITY OF NEW YORK, such school district OR 11 CITY shall have the authority to forward a copy of the prospective 12 employee's criminal history record to the commissioner, by the most 13 expeditious means available, for the purposes of this section. Further- 14 more, upon notification that such prospective employee is employed by a 15 school district outside the city of New York OR BY A SPECIAL EDUCATION 16 SCHOOL THAT IS LOCATED OUTSIDE OF THE CITY OF NEW YORK, the division of 17 criminal justice services shall have the authority to provide subsequent 18 criminal history notifications directly to the commissioner. 19 S 22. Paragraph (i) of subdivision (a) of section 4212 of the educa- 20 tion law, as amended by section 1-a of part E of chapter 501 of the laws 21 of 2012, is amended to read as follows: 22 (i) consistent with appropriate collective bargaining agreements and 23 applicable provisions of the civil service law, the review and evalu- 24 ation of the backgrounds of and the information supplied by any person 25 applying to be an employee, a volunteer or consultant, which shall 26 include but not be limited to the following requirements: that the 27 applicant set forth his or her employment history, provide personal and 28 employment references, and relevant experiential and educational infor- 29 mation, [and] sign a sworn statement indicating whether the applicant, 30 to the best of his or her knowledge, has ever been convicted of a crime 31 in this state or any other jurisdiction AND, IN THE CASE OF A PROSPEC- 32 TIVE EMPLOYEE, BE FINGERPRINTED FOR PURPOSES OF A CRIMINAL HISTORY BACK- 33 GROUND CHECK PURSUANT TO SUBDIVISION (D) OF THIS SECTION; 34 S 23. Section 4212 of the education law is amended by adding a new 35 subdivision (d) to read as follows: 36 (D) (I) THE SCHOOL SHALL REQUIRE, FOR PURPOSES OF A CRIMINAL HISTORY 37 RECORD CHECK, THE FINGERPRINTING OF ALL PROSPECTIVE EMPLOYEES OF THE 38 SCHOOL PURSUANT TO SUBDIVISION THIRTY OF SECTION THREE HUNDRED FIVE AND 39 SECTION THREE THOUSAND THIRTY-FIVE OF THIS CHAPTER, EXCEPT WHERE SUCH 40 PROSPECTIVE EMPLOYEES HOLD VALID CLEARANCE PURSUANT TO SECTION THREE 41 THOUSAND THIRTY-FIVE OR SECTION THREE THOUSAND FOUR-B OF THIS CHAPTER OR 42 SECTION FIVE HUNDRED NINE-CC OR TWELVE HUNDRED TWENTY-NINE-D OF THE 43 VEHICLE AND TRAFFIC LAW, OR VALID CLEARANCE ISSUED BY THE CITY OF NEW 44 YORK PURSUANT TO LOCAL LAW. PRIOR TO INITIATING THE FINGERPRINTING PROC- 45 ESS, THE SCHOOL SHALL FURNISH THE PROSPECTIVE EMPLOYEE WITH THE FORM 46 DESCRIBED IN PARAGRAPH (C) OF SUBDIVISION THIRTY OF SECTION THREE 47 HUNDRED FIVE OF THIS CHAPTER AND SHALL OBTAIN THE APPLICANT'S CONSENT TO 48 THE CRIMINAL HISTORY RECORDS SEARCH. EVERY SET OF FINGERPRINTS TAKEN 49 PURSUANT TO THIS SUBDIVISION SHALL BE PROMPTLY SUBMITTED TO THE COMMIS- 50 SIONER FOR PURPOSES OF CLEARANCE FOR EMPLOYMENT. NOTWITHSTANDING ANY 51 OTHER PROVISION OF LAW TO THE CONTRARY, THE COMMISSIONER SHALL BE 52 AUTHORIZED TO PROVIDE SUBSEQUENT CRIMINAL HISTORY NOTIFICATIONS TO THE 53 SCHOOL FOR ITS EMPLOYEES. 54 (II) NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, THE 55 SCHOOL MAY ESTABLISH PROCEDURES FOR THE CONDITIONAL APPOINTMENT OR EMER- 56 GENCY CONDITIONAL APPOINTMENT OF PROSPECTIVE EMPLOYEES OF THE SCHOOL TO S. 5556--A 16 1 THE SAME EXTENT AND UNDER THE SAME CONDITIONS AS A BOARD OF EDUCATION OF 2 A UNION FREE SCHOOL DISTRICT PURSUANT TO SUBDIVISION THIRTY-NINE OF 3 SECTION SEVENTEEN HUNDRED NINE OF THIS CHAPTER. 4 S 24. Paragraph (i) of subdivision (a) of section 4314 of the educa- 5 tion law, as amended by section 2 of part E of chapter 501 of the laws 6 of 2012, is amended to read as follows: 7 (i) consistent with appropriate collective agreements and applicable 8 provisions of the civil service law, the review and evaluation of the 9 backgrounds of and the information supplied by any person applying to be 10 an employee, a volunteer or consultant, which shall include but not be 11 limited to the following requirements: that the applicant set forth his 12 or her employment history, provide personal and employment references, 13 and relevant experiential and educational information, and sign a sworn 14 statement indicating whether the applicant, to the best of his or her 15 knowledge, has ever been convicted of a crime in this state or any other 16 jurisdiction AND, IN THE CASE OF A PROSPECTIVE EMPLOYEE, BE FINGERPRINT- 17 ED FOR PURPOSES OF A CRIMINAL HISTORY BACKGROUND CHECK PURSUANT TO 18 SUBDIVISION (D) OF THIS SECTION; 19 S 25. Section 4314 of the education law is amended by adding a new 20 subdivision (d) to read as follows: 21 (D) (I) THE DEPARTMENT SHALL REQUIRE, FOR PURPOSES OF A CRIMINAL 22 HISTORY RECORD CHECK, THE FINGERPRINTING OF ALL PROSPECTIVE EMPLOYEES OF 23 THE SCHOOL PURSUANT TO SUBDIVISION THIRTY OF SECTION THREE HUNDRED FIVE 24 AND SECTION THREE THOUSAND THIRTY-FIVE OF THIS CHAPTER, WHO DO NOT HOLD 25 VALID CLEARANCE PURSUANT TO SUCH SECTION THREE THOUSAND THIRTY-FIVE OR 26 PURSUANT TO SECTION THREE THOUSAND FOUR-B OF THIS CHAPTER OR SECTION 27 FIVE HUNDRED NINE-CC OR TWELVE HUNDRED TWENTY-NINE-D OF THE VEHICLE AND 28 TRAFFIC LAW, OR VALID CLEARANCE ISSUED BY THE CITY OF NEW YORK PURSUANT 29 TO LOCAL LAW. PRIOR TO INITIATING THE FINGERPRINTING PROCESS, THE 30 DEPARTMENT SHALL FURNISH THE PROSPECTIVE EMPLOYEE WITH THE FORM 31 DESCRIBED IN PARAGRAPH (C) OF SUBDIVISION THIRTY OF SECTION THREE 32 HUNDRED FIVE OF THIS CHAPTER AND SHALL OBTAIN THE APPLICANT'S CONSENT TO 33 THE CRIMINAL HISTORY RECORDS SEARCH. EVERY SET OF FINGERPRINTS TAKEN 34 PURSUANT TO THIS SUBDIVISION SHALL BE PROMPTLY SUBMITTED TO THE COMMIS- 35 SIONER FOR PURPOSES OF CLEARANCE FOR EMPLOYMENT. 36 (II) NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, THE 37 COMMISSIONER MAY ESTABLISH PROCEDURES FOR THE CONDITIONAL APPOINTMENT OR 38 EMERGENCY CONDITIONAL APPOINTMENT OF PROSPECTIVE EMPLOYEES OF THE SCHOOL 39 BY THE DEPARTMENT TO THE SAME EXTENT AND UNDER THE SAME CONDITIONS AS A 40 BOARD OF EDUCATION OF A UNION FREE SCHOOL DISTRICT PURSUANT TO SUBDIVI- 41 SION THIRTY-NINE OF SECTION SEVENTEEN HUNDRED NINE OF THIS CHAPTER. 42 S 26. Paragraph (i) of subdivision (a) of section 4358 of the educa- 43 tion law, as amended by section 3 of part E of chapter 501 of the laws 44 of 2012, is amended to read as follows: 45 (i) consistent with appropriate collective bargaining agreements and 46 applicable provisions of the civil service law, the review and evalu- 47 ation of the backgrounds of and the information supplied by any person 48 applying to be an employee, a volunteer or consultant, which shall 49 include but not be limited to the following requirements: that the 50 applicant set forth his or her employment history, provide personal and 51 employment references and relevant experiential and educational informa- 52 tion, and sign a sworn statement indicating whether the applicant, to 53 the best of his or her knowledge, has ever been convicted of a crime in 54 this state or any other jurisdiction AND, IN THE CASE OF A PROSPECTIVE 55 EMPLOYEE, BE FINGERPRINTED FOR PURPOSES OF A CRIMINAL HISTORY BACKGROUND 56 CHECK PURSUANT TO SUBDIVISION (D) OF THIS SECTION; S. 5556--A 17 1 S 27. Section 4358 of the education law is amended by adding a new 2 subdivision (d) to read as follows: 3 (D) (I) THE DEPARTMENT SHALL REQUIRE, FOR PURPOSES OF A CRIMINAL 4 HISTORY RECORD CHECK, THE FINGERPRINTING OF ALL PROSPECTIVE EMPLOYEES OF 5 THE SCHOOL PURSUANT TO SUBDIVISION THIRTY OF SECTION THREE HUNDRED FIVE 6 AND SECTION THREE THOUSAND THIRTY-FIVE OF THIS CHAPTER, WHO DO NOT HOLD 7 VALID CLEARANCE PURSUANT TO SUCH SECTION THREE THOUSAND THIRTY-FIVE OR 8 PURSUANT TO SECTION THREE THOUSAND FOUR-B OF THIS CHAPTER OR SECTION 9 FIVE HUNDRED NINE-CC OR TWELVE HUNDRED TWENTY-NINE-D OF THE VEHICLE AND 10 TRAFFIC LAW, OR VALID CLEARANCE ISSUED BY THE CITY OF NEW YORK PURSUANT 11 TO LOCAL LAW. PRIOR TO INITIATING THE FINGERPRINTING PROCESS, THE 12 DEPARTMENT SHALL FURNISH THE PROSPECTIVE EMPLOYEE WITH THE FORM 13 DESCRIBED IN PARAGRAPH (C) OF SUBDIVISION THIRTY OF SECTION THREE 14 HUNDRED FIVE OF THIS CHAPTER AND SHALL OBTAIN THE APPLICANT'S CONSENT TO 15 THE CRIMINAL HISTORY RECORDS SEARCH. EVERY SET OF FINGERPRINTS TAKEN 16 PURSUANT TO THIS SUBDIVISION SHALL BE PROMPTLY SUBMITTED TO THE COMMIS- 17 SIONER FOR PURPOSES OF CLEARANCE FOR EMPLOYMENT. 18 (II) NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, THE 19 COMMISSIONER MAY ESTABLISH PROCEDURES FOR THE CONDITIONAL APPOINTMENT OR 20 EMERGENCY CONDITIONAL APPOINTMENT OF PROSPECTIVE EMPLOYEES OF THE SCHOOL 21 BY THE DEPARTMENT TO THE SAME EXTENT AND UNDER THE SAME CONDITIONS AS A 22 BOARD OF EDUCATION OF A UNION FREE SCHOOL DISTRICT PURSUANT TO SUBDIVI- 23 SION THIRTY-NINE OF SECTION SEVENTEEN HUNDRED NINE OF THIS CHAPTER. 24 S 28. Paragraph (a) of subdivision 11 of section 4403 of the education 25 law, as amended by section 4 of part E of chapter 501 of the laws of 26 2012, is amended to read as follows: 27 (a) consistent with appropriate collective bargaining agreements and 28 applicable provisions of the civil service law, the review and evalu- 29 ation of the backgrounds of and the information supplied by any person 30 applying to be an employee, a volunteer or consultant, which shall 31 include but not be limited to the following requirements: that the 32 applicant set forth his or her employment history, provide personal and 33 employment references, and relevant experiential and educational quali- 34 fications and, sign a sworn statement indicating whether the applicant, 35 to the best of his or her knowledge has ever been convicted of a crime 36 in this state or any other jurisdiction AND, IN THE CASE OF A PROSPEC- 37 TIVE EMPLOYEE, BE FINGERPRINTED FOR PURPOSES OF A CRIMINAL HISTORY BACK- 38 GROUND CHECK PURSUANT TO SUBDIVISION TWENTY-ONE OF THIS SECTION; 39 S 29. Section 4403 of the education law is amended by adding a new 40 subdivision 21 to read as follows: 41 21. (A) THE COMMISSIONER SHALL REQUIRE, FOR PURPOSES OF A CRIMINAL 42 HISTORY RECORD CHECK, THE FINGERPRINTING OF ALL PROSPECTIVE EMPLOYEES OF 43 APPROVED PRIVATE RESIDENTIAL AND NON-RESIDENTIAL SCHOOLS WHICH ARE 44 LOCATED WITHIN THE STATE BY SUCH SCHOOLS PURSUANT TO SUBDIVISION THIRTY 45 OF SECTION THREE HUNDRED FIVE AND SECTION THREE THOUSAND THIRTY-FIVE OF 46 THIS CHAPTER, EXCEPT WHERE SUCH PROSPECTIVE EMPLOYEES HOLD VALID CLEAR- 47 ANCE PURSUANT TO SUCH SECTION THREE THOUSAND THIRTY-FIVE OR PURSUANT TO 48 SECTION THREE THOUSAND FOUR-B OF THIS CHAPTER OR SECTION FIVE HUNDRED 49 NINE-CC OR TWELVE HUNDRED TWENTY-NINE-D OF THE VEHICLE AND TRAFFIC LAW, 50 OR VALID CLEARANCE ISSUED BY THE CITY OF NEW YORK PURSUANT TO LOCAL LAW. 51 THE PROVISIONS OF THIS SUBDIVISION SHALL NOT APPLY TO PROGRAMS OPERATED 52 PURSUANT TO SECTION FORTY-FOUR HUNDRED EIGHT OF THIS ARTICLE BY A SCHOOL 53 DISTRICT OR BOARD OF COOPERATIVE EDUCATIONAL SERVICES. PRIOR TO INITIAT- 54 ING THE FINGERPRINTING PROCESS, THE SCHOOL SHALL FURNISH THE PROSPECTIVE 55 EMPLOYEE WITH THE FORM DESCRIBED IN PARAGRAPH (C) OF SUBDIVISION THIRTY 56 OF SECTION THREE HUNDRED FIVE OF THIS CHAPTER AND SHALL OBTAIN THE S. 5556--A 18 1 APPLICANT'S CONSENT TO THE CRIMINAL HISTORY RECORDS SEARCH. EVERY SET OF 2 FINGERPRINTS TAKEN PURSUANT TO THIS SUBDIVISION SHALL BE PROMPTLY 3 SUBMITTED TO THE COMMISSIONER FOR PURPOSES OF CLEARANCE FOR EMPLOYMENT. 4 NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, THE COMMIS- 5 SIONER SHALL BE AUTHORIZED TO PROVIDE SUBSEQUENT CRIMINAL HISTORY 6 NOTIFICATIONS TO APPROVED PRIVATE SCHOOLS FOR THEIR EMPLOYEES. 7 (B) NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, THE 8 APPROVED PRIVATE SCHOOL MAY ESTABLISH PROCEDURES FOR THE CONDITIONAL 9 APPOINTMENT OR EMERGENCY CONDITIONAL APPOINTMENT OF PROSPECTIVE EMPLOY- 10 EES OF THE SCHOOL TO THE SAME EXTENT AND UNDER THE SAME CONDITIONS AS A 11 BOARD OF EDUCATION OF A UNION FREE SCHOOL DISTRICT PURSUANT TO SUBDIVI- 12 SION THIRTY-NINE OF SECTION SEVENTEEN HUNDRED NINE OF THIS CHAPTER. 13 S 30. Section 4410 of the education law is amended by adding a new 14 subdivision 9-e to read as follows: 15 9-E. A. THE COMMISSIONER SHALL REQUIRE, FOR PURPOSES OF A CRIMINAL 16 HISTORY RECORD CHECK, THE FINGERPRINTING OF ALL PROSPECTIVE EMPLOYEES OF 17 APPROVED PROVIDERS OF SPECIAL SERVICES OR PROGRAMS THAT ARE LOCATED 18 WITHIN THE STATE PURSUANT TO SUBDIVISION THIRTY OF SECTION THREE HUNDRED 19 FIVE AND SECTION THREE THOUSAND THIRTY-FIVE OF THIS CHAPTER, EXCEPT 20 WHERE SUCH PROSPECTIVE EMPLOYEES HOLD VALID CLEARANCE PURSUANT TO 21 SECTION THREE THOUSAND THIRTY-FIVE OR THREE THOUSAND FOUR-B OF THIS 22 CHAPTER OR SECTION FIVE HUNDRED NINE-CC OR TWELVE HUNDRED TWENTY-NINE-D 23 OF THE VEHICLE AND TRAFFIC LAW OR A VALID CLEARANCE ISSUED BY THE CITY 24 OF NEW YORK PURSUANT TO LOCAL LAW. AN INDIVIDUAL WHO PROVIDES RELATED 25 SERVICES PURSUANT TO THIS SECTION SHALL BE DEEMED A PROSPECTIVE EMPLOYEE 26 FOR PURPOSES OF THIS SUBDIVISION AND SHALL BE RESPONSIBLE FOR SUBMITTING 27 HIS OR HER FINGERPRINTS TO THE COMMISSIONER FOR PURPOSES OF RECEIVING 28 CLEARANCE FOR EMPLOYMENT PRIOR TO HIS OR HER INCLUSION ON A LIST OF 29 RELATED SERVICE PROVIDERS MAINTAINED BY THE MUNICIPALITY OR BOARD PURSU- 30 ANT TO PARAGRAPH C OF SUBDIVISION NINE OF THIS SECTION. PRIOR TO INITI- 31 ATING THE FINGERPRINTING PROCESS, THE PROVIDER SHALL FURNISH ITS 32 PROSPECTIVE EMPLOYEE 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 RECORDS SEARCH. 35 EVERY SET OF FINGERPRINTS TAKEN PURSUANT TO THIS SUBDIVISION SHALL BE 36 PROMPTLY SUBMITTED TO THE COMMISSIONER FOR PURPOSES OF CLEARANCE FOR 37 EMPLOYMENT. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, 38 THE COMMISSIONER SHALL BE AUTHORIZED TO PROVIDE SUBSEQUENT CRIMINAL 39 HISTORY NOTIFICATIONS TO APPROVED PROVIDERS FOR THEIR EMPLOYEES. IN THE 40 CASE OF A PROSPECTIVE EMPLOYEE WHO IS EMPLOYED BY THE CITY SCHOOL 41 DISTRICT OF THE CITY OF NEW YORK, THE COMMISSIONER SHALL BE AUTHORIZED 42 TO PROVIDE SUBSEQUENT CRIMINAL HISTORY NOTIFICATIONS DIRECTLY TO THE 43 CITY SCHOOL DISTRICT OF THE CITY OF NEW YORK. 44 B. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, THE 45 APPROVED PROVIDER MAY ESTABLISH PROCEDURES FOR THE CONDITIONAL APPOINT- 46 MENT OR EMERGENCY CONDITIONAL APPOINTMENT OF PROSPECTIVE EMPLOYEES OF 47 THE PROVIDER TO THE SAME EXTENT AND UNDER THE SAME CONDITIONS AS A BOARD 48 OF EDUCATION OF A UNION FREE SCHOOL DISTRICT PURSUANT TO SUBDIVISION 49 THIRTY-NINE OF SECTION SEVENTEEN HUNDRED NINE OF THIS CHAPTER. 50 C. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, THE 51 COMMISSIONER MAY ESTABLISH PROCEDURES FOR THE CONDITIONAL APPOINTMENT OR 52 EMERGENCY CONDITIONAL APPOINTMENT OF INDIVIDUALS WHO PROVIDE RELATED 53 SERVICES PURSUANT TO THIS SECTION TO THE SAME EXTENT AND UNDER THE SAME 54 CONDITIONS AS A BOARD OF EDUCATION OF A UNION FREE SCHOOL DISTRICT 55 PURSUANT TO SUBDIVISION THIRTY-NINE OF SECTION SEVENTEEN HUNDRED NINE OF 56 THIS CHAPTER. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRA- S. 5556--A 19 1 RY, THE COMMISSIONER SHALL PROVIDE EACH MUNICIPALITY OR BOARD IN WHICH 2 SUCH INDIVIDUAL SEEKS TO BE INCLUDED ON A LIST OF RELATED SERVICES OR 3 SPECIAL EDUCATION ITINERANT SERVICES PROVIDERS WITH A COPY OF SUCH INDI- 4 VIDUAL'S CRIMINAL CLEARANCE OR DENIAL OF CRIMINAL CLEARANCE, AND IN THE 5 EVENT OF A DENIAL OF CLEARANCE, SUCH MUNICIPALITY OR BOARD SHALL REMOVE 6 THE INDIVIDUAL FROM SUCH LIST UNLESS CRIMINAL CLEARANCE IS SUBSEQUENTLY 7 ISSUED BY THE COMMISSIONER. NOTWITHSTANDING ANY OTHER PROVISION OF LAW 8 TO THE CONTRARY, THE COMMISSIONER SHALL BE AUTHORIZED TO PROVIDE SUBSE- 9 QUENT CRIMINAL HISTORY NOTIFICATIONS TO EACH MUNICIPALITY OR BOARD IN 10 WHICH SUCH INDIVIDUAL IS INCLUDED ON A LIST OF RELATED SERVICE PROVID- 11 ERS. 12 S 31. Section 12 of chapter 147 of the laws of 2001, amending the 13 education law relating to conditional appointment of school district, 14 charter school or BOCES employees, as amended by section 32 of part A of 15 chapter 57 of the laws of 2013, is amended to read as follows: 16 S 12. This act shall take effect on the same date as chapter 180 of 17 the laws of 2000 takes effect[, and shall expire July 1, 2014 when upon 18 such date the provisions of this act shall be deemed repealed]. 19 S 32. The commissioner of education, in consultation with the depart- 20 ment of criminal justice, shall conduct a study or studies (1) of the 21 feasibility and desirability of aligning the fingerprinting process used 22 for criminal history records checks for employment in school districts 23 and boards of cooperative educational services and for certification as 24 a teacher or administrator, to the statewide vendor managed network 25 administered by the division of criminal justice services, and (2) 26 establishing a new fingerprinting process using the statewide vendor 27 managed network administered by the division of criminal justice 28 services for criminal history records checks for licensed professionals 29 under title VIII of the education law. The commissioner of education 30 shall submit a report to the board of regents, the governor and the 31 legislature by no later than January 15, 2014, with recommendations, 32 including appropriate actions that would need to be taken to align the 33 existing fingerprinting process and to establish a new fingerprinting 34 process for licensed professionals under title VIII of the education law 35 with the statewide system and any estimated costs and/or savings associ- 36 ated with movement to the statewide system. 37 S 33. The commissioner of education is authorized to promulgate any 38 and all rules and regulations and take any other measures necessary to 39 implement the provisions of this act on its effective date on or before 40 such date. 41 S 34. This act shall take effect on the one hundred eightieth day 42 after it shall have become a law; provided that: 43 a. section thirty-one of this act shall take effect immediately; 44 b. the provisions of sections one, two, three, four, eighteen, nine- 45 teen, twenty, twenty-two, twenty-three, twenty-four, twenty-five, twen- 46 ty-six, twenty-seven and twenty-eight of this act shall apply to 47 prospective employees of special education schools who are appointed on 48 or after such effective date and to individual providers of preschool 49 related services who are placed on lists maintained by the municipality 50 pursuant to subdivision 9 of section 4410 of the education law on and 51 after such effective date; 52 c. if section 1 of part E of chapter 501 of the laws of 2012 has not 53 taken effect by the effective date of this act, the amendments to subdi- 54 vision 5 of section 1125 of the education law, made by section five of 55 this act, shall take effect on the same date and in the same manner as 56 section 1 of part E of chapter 501 of the laws of 2012 takes effect; S. 5556--A 20 1 d. the amendments made to subdivision 20 of section 2590-h of the 2 education law by section sixteen of this act shall be subject to the 3 expiration and reversion of such subdivision pursuant to subdivision 12 4 of section 17 of chapter 345 of the laws of 2009, as amended, when upon 5 such date the provisions of section sixteen-a of this act shall take 6 effect; 7 e. if section 1-a of part E of chapter 501 of the laws of 2012 shall 8 not have taken effect by the effective date of this act, the amendments 9 to paragraph (i) of subdivision (a) of section 4212 of the education 10 law, made by section twenty-two of this act, shall take effect on the 11 same date and in the same manner as section 1-a of part E of chapter 501 12 of the laws of 2012 takes effect; 13 f. if section 2 of part E of chapter 501 of the laws of 2012 has not 14 taken effect by the effective date of this act, the amendments to para- 15 graph (i) of subdivision (a) of section 4314 of the education law, made 16 by section twenty-four of this act, shall take effect on the same date 17 and in the same manner as section 2 of part E of chapter 501 of the laws 18 of 2012 takes effect; 19 g. if section 3 of part E of chapter 501 of the laws of 2012 has not 20 taken effect by the effective date of this act, the amendments to para- 21 graph (i) of subdivision (a) of section 4358 of the education law, made 22 by section twenty-six of this act, shall take effect on the same date 23 and in the same manner as section 3 of part E of chapter 501 of the laws 24 of 2012 takes effect; and 25 h. if section 4 of part E of chapter 501 of the laws of 2012 has not 26 taken effect by the effective date of this act, the amendments to para- 27 graph (a) of subdivision 11 of section 4403 of the education law, made 28 by section twenty-eight of this act, shall take effect on the same date 29 and in the same manner as section 4 of part E of chapter 501 of the laws 30 of 2012 takes effect.