A06816 Summary:

BILL NO    A06816C

SAME AS    SAME AS S05827-A

SPONSOR    Nolan

COSPNSR    

MLTSPNSR   

Amd Ed L, generally, amd S12, Chap 147 of 2001

Relates to the fingerprinting of applicants for employment at school districts.
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A06816 Actions:

BILL NO    A06816C

04/19/2013 referred to education
05/01/2013 amend and recommit to education
05/01/2013 print number 6816a
06/12/2013 reported referred to codes
06/17/2013 amend (t) and recommit to codes
06/17/2013 print number 6816b
01/08/2014 referred to education
02/07/2014 amend and recommit to education
02/07/2014 print number 6816c
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A06816 Memo:

BILL NUMBER:A6816C

TITLE OF BILL:  An act to amend the education law, in relation to
requiring the fingerprinting of prospective employees of certain
schools, phasing-in a requirement that all fingerprints submitted by
prospective employees and applicants for certification be
electronically submitted, authorizing boards of cooperative
educational services to conduct fingerprinting for non-component
districts, and applicants for certification, strengthening
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

PURPOSE OF THE BILL: To ensure the integrity of criminal background
checks of prospective school district employees who are required to be
fingerprinted before being hired.

SUMMARY OF THE PROVISIONS OF THE BILL: Section 1 of the bill would
amend paragraphs a and b of subdivision 30 of section 305 of the
Education Law to make the provisions that require the Commissioner of
Education, to promulgate regulations for fingerprinting prospective
employees. This section and sections 9 through 12, 14, 15, 17 and 18
would amend Education Law SS 1604(39)(a), 1790(39)(a), 1804(9) (a),
1950(4) (a), 2503(18) (a), 2554(25) (a), 2854(3) (a-2) (i) and
3004-b(1) to require prospective employees and applicants for
certification to be fingerprinted by authorized personnel at
designated fingerprinting entities approved by the department, using
electronic scanning. It also requires the Commissioner to establish
minimum standards and procedures for identification verification to be
followed at fingerprinting sites, including a requirement that the
prospective employee show two forms of identification to authorized
personnel, one of which shall be an official government issued photo
identification. The prospective employee must then sign a sworn
statement verifying his/her identity and the authorized personnel must
sign an affidavit, on a form prescribed by the Commissioner, attesting
that he/she verified the photo identification presented and witnessed
the employee's signature. The bill would require these records to be
retained as business records as defined in subdivision two of section
175.00 of the Penal Law for the duration of the individual's
employment in a manner prescribed by the Commissioner.

Section 2 of the bill amends paragraph a of subdivision 39 of section
1604 of the education law.

Section 3 amends paragraph a of subdivision 39 of section 1709 of the
education law.

Section 4 amends paragraph a of subdivision 9 of section 1804 of the
education law.

Section 5 amends subparagraph a of paragraph 11 of subdivision 4 of
section 1950 of the education law.

Section 6 amends subdivision 4 of section 1950 of the education law.


Section 7 amends paragraph a of subdivision 18 of section 2503 of the
education law.

Section 8 amends paragraph a of subdivision 25 of section 2554.

Section 9 amends subparagraph (i) of paragraph (a-2) of subdivision 3
of section 2854 of the education law.

Section 10 amends subdivision 1 of section 3004-b of the education
law.

Section 11 amends subdivision 1 of section 3035 of the education law.

Section 12 directs the commissioner of education, in consultation with
the department of criminal justice to conduct a study.

Section 13 provides that the commissioner of education is authorized
to promulgate any and all rules and regulations and take any other
measures necessary to implement the provisions of this act.

Section 14 outlines the effective date.

JUSTIFICATION: Over the past decade, several pieces of legislation
have been enacted to require prospective employees in various settings
to be fingerprinted for the purpose of conducting criminal history
record checks. In each case, the primary purpose of such legislation
is either to protect children or other vulnerable populations from
exposure to individuals whose criminal records indicate that they may
pose a threat to the health and safety of those in their custody or
care or with whom they have direct contact, or to protect valuable
resources against the risk of theft.  Currently, however, there are
gaps in the coverage of these criminal history record check
requirements and the protections they provide.  This bill seeks to
address those gaps.

PHASING-IN REQUIREMENT FOR ELECTRONIC FINGERPRINTS:  Generally,
fingerprints are collected across the state at school districts,
BOCES, colleges and universities, and law enforcement agencies.
Fingerprints are received by the Department in two formats: hard cards
containing fingerprints that are collected through the "ink and roll"
method and mailed, and scanned fingerprint images captured on a
scanner and transmitted electronically via a server. All fingerprint
images are delivered by the Department to the state DCJS to conduct a
state criminal history records check and to forward them to the
Federal Bureau of Investigation (FBI) for processing against their
criminal record repository.

The Department has taken steps to better ensure the security of
fingerprints in recent years by growing the number of fingerprints
collected electronically. Approximately 75 percent of fingerprints are
collected electronically, which reduces the opportunity for the
integrity of fingerprints to be compromised.

While the vast majority of fingerprints received by the Department are
transmitted electronically, prospective employees and certificate
applicants continue to be able to submit fingerprints on cards using
the "ink and roll" method. This bill would phase-in electronic


fingerprinting to better reduce the opportunity for tampering because
electronic fingerprints are transmitted automatically to the
Department via a secure server, whereas "ink and roll" fingerprints
are mailed.

EXPANDING ACCESS TO FINGERPRINTING SITES THROUGH THE USE OF BOCES:
The bill would also expand access to fingerprinting sites. Current law
limits the ability of BOCES to collect fingerprints to prospective
employees of component districts. In order to ensure broad access
across the state to electronic fingerprint technology, this bill
allows BOCES to process fingerprints to be utilized in criminal
history record checks for prospective employees of nonpublic
elementary and secondary school, charter schools, and fingerprints for
applicants for teacher or administrator certification and for
applicants for a charter as a charter school. The bill provides
protection to component school districts by requiring such services to
be paid at cost and prohibiting the BOCES from charging any costs
incurred in providing such services to its component school districts.

While the vast majority of fingerprints received by the Department are
transmitted electronically, prospective employees and certificate
applicants continue to be able to submit fingerprints on cards using
the "ink and roll" method. By requiring electronic fingerprinting, the
Department would reduce the opportunity for tampering because
electronic fingerprints are transmitted automatically to the
Department via a secure server, whereas "ink and roll" fingerprints
are mailed.

EFFECTIVE DATE: This act shall take effect on the one hundred
eightieth day after it shall have become a law.
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A06816 Text:

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________

                                        6816--C

                              2013-2014 Regular Sessions

                                 I N  A S S E M B L Y

                                    April 19, 2013
                                      ___________

       Introduced  by M. of A. NOLAN -- read once and referred to the Committee
         on Education -- committee discharged, bill amended, ordered  reprinted
         as  amended and recommitted to said committee -- reported and referred
         to the Committee on  Codes  --  committee  discharged,  bill  amended,
         ordered  reprinted  as  amended  and  recommitted to said committee --
         recommitted to the Committee on Education in accordance with  Assembly
         Rule  3,  sec.  2  --  committee  discharged,  bill  amended,  ordered
         reprinted as amended and recommitted to said committee

       AN ACT to amend the education law, in relation to requiring the  finger-
         printing  of  prospective  employees  of certain schools, phasing-in a
         requirement that all fingerprints submitted by  prospective  employees
         and  applicants for certification be electronically submitted, author-
         izing boards of cooperative educational services  to  conduct  finger-
         printing  for  non-component  districts,  and  applicants  for certif-
         ication,  strengthening  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

         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-
   10  ty-five of this chapter, of school districts, charter schools and boards
   11  of  cooperative  educational services and authorizing the fingerprinting

        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD10119-16-4
       A. 6816--C                          2

    1  of prospective employees of nonpublic and private elementary and second-
    2  ary schools, and for the use of information derived from searches of the
    3  records of the division of criminal justice  services  and  the  federal
    4  bureau  of  investigation  based  on  the  use of such fingerprints. The
    5  commissioner shall also develop a form  for  use  by  school  districts,
    6  charter schools, boards of cooperative educational services, and nonpub-
    7  lic  and private elementary and secondary schools in connection with the
    8  submission of fingerprints that contains the specific job  title  sought
    9  and  any  other information that may be relevant to consideration of the
   10  applicant.  PROSPECTIVE EMPLOYEES, INCLUDING OUT-OF-STATE APPLICANTS  TO
   11  THE  EXTENT  PRACTICABLE, SHALL BE FINGERPRINTED BY AUTHORIZED PERSONNEL
   12  AT DESIGNATED FINGERPRINTING ENTITIES APPROVED BY THE DEPARTMENT,  USING
   13  ELECTRONIC  SCANNING TECHNOLOGY APPROVED BY THE DEPARTMENT. OUT-OF-STATE
   14  PROSPECTIVE EMPLOYEES WHO SUBMIT FINGERPRINT CARDS AND ARE  NOT  FINGER-
   15  PRINTED  ELECTRONICALLY  PURSUANT  TO THE REQUIREMENTS OF THIS PARAGRAPH
   16  SHALL BE FINGERPRINTED ELECTRONICALLY PRIOR  TO  EMPLOYMENT  WITHIN  THE
   17  STATE.  IN  ADDITION  TO THE REQUIREMENTS OF THIS PARAGRAPH, THE COMMIS-
   18  SIONER SHALL ESTABLISH MINIMUM STANDARDS AND PROCEDURES FOR  IDENTIFICA-
   19  TION  VERIFICATION  TO  BE FOLLOWED AT FINGERPRINTING SITES, WHICH SHALL
   20  INCLUDE THE REQUIREMENTS OF THIS SECTION IN REGULATIONS OF  THE  COMMIS-
   21  SIONER.  PRIOR TO INITIATING THE FINGERPRINTING PROCESS AND IN THE PRES-
   22  ENCE  OF AUTHORIZED PERSONNEL, A PROSPECTIVE EMPLOYEE SHALL SIGN A SWORN
   23  STATEMENT PREPARED BY THE DEPARTMENT VERIFYING THE  PROSPECTIVE  EMPLOY-
   24  EE'S  IDENTITY  AND  PRESENT  TWO  FORMS OF IDENTIFICATION, ONE OF WHICH
   25  SHALL BE AN OFFICIAL GOVERNMENT ISSUED PHOTO IDENTIFICATION  CAPABLE  OF
   26  BEING  VERIFIED. A PHOTOGRAPH OF THE PROSPECTIVE EMPLOYEE SHALL BE TAKEN
   27  BY AUTHORIZED  PERSONNEL  AND  AFFIXED  TO  THE  PROSPECTIVE  EMPLOYEE'S
   28  SIGNED,  SWORN STATEMENT. UPON COMPLETION OF THE FINGERPRINTING PROCESS,
   29  THE AUTHORIZED PERSONNEL SHALL SIGN AN AFFIDAVIT, ON A  FORM  PRESCRIBED
   30  BY  THE  COMMISSIONER, ATTESTING THAT HE OR SHE VERIFIED THE PHOTO IDEN-
   31  TIFICATION PRESENTED, WITNESSED THE SIGNATURE AND PROCESSED THE  FINGER-
   32  PRINTS  IN ACCORDANCE WITH THIS CHAPTER AND THE RULES AND REGULATIONS OF
   33  THE DEPARTMENT.  THESE RECORDS SHALL BE RETAINED AS BUSINESS RECORDS  AS
   34  DEFINED  IN  SUBDIVISION  TWO OF SECTION 175.00 OF THE PENAL LAW FOR THE
   35  DURATION OF THE INDIVIDUAL'S EMPLOYMENT IN A MANNER  PRESCRIBED  BY  THE
   36  COMMISSIONER.  The  commissioner  shall  also  establish  a form for the
   37  recordation of allegations of child abuse in an educational setting,  as
   38  required  pursuant to section eleven hundred twenty-six of this chapter.
   39  No person who has been fingerprinted pursuant to section three  thousand
   40  four-b  of  this  chapter or pursuant to section five hundred nine-cc or
   41  twelve hundred twenty-nine-d of the vehicle and traffic  law  and  whose
   42  fingerprints  remain  on  file  with  the  division  of criminal justice
   43  services shall be required to undergo fingerprinting for purposes  of  a
   44  new  criminal  history  record check. This subdivision and the rules and
   45  regulations promulgated pursuant thereto shall not  apply  to  a  school
   46  district within a city with a population of one million or more.
   47    (b)  The  commissioner,  in  cooperation with the division of criminal
   48  justice services, shall promulgate a form to be  provided  to  all  such
   49  prospective  employees  of  school districts, charter schools, boards of
   50  cooperative educational services, and nonpublic and  private  elementary
   51  and  secondary  schools that elect to fingerprint and seek clearance for
   52  prospective employees that shall:
   53    (i) inform the prospective employee that the commissioner is  required
   54  or  authorized  to  request his or her criminal history information from
   55  the division of criminal justice services  and  the  federal  bureau  of
   56  investigation  and review such information pursuant to this section, and
       A. 6816--C                          3

    1  provide a description of the manner in which  his  or  her  [fingerprint
    2  cards]  FINGERPRINTS will be TAKEN AND used upon submission to the divi-
    3  sion of criminal justice services;
    4    (ii)  inform  the prospective employee that he or she has the right to
    5  obtain, review and seek correction of his or her criminal history infor-
    6  mation pursuant to regulations and procedures established by  the  divi-
    7  sion of criminal justice services.
    8    S  2.  Paragraph  a of subdivision 39 of section 1604 of the education
    9  law, as amended by chapter 147 of the laws of 2001, is amended  to  read
   10  as follows:
   11    a. Shall require, for purposes of a criminal history record check, the
   12  fingerprinting  of  all  prospective employees pursuant to section three
   13  thousand thirty-five of this chapter, who do not  hold  valid  clearance
   14  pursuant to such section or pursuant to section three thousand four-b of
   15  this  chapter  or section five hundred nine-cc or twelve hundred twenty-
   16  nine-d of the vehicle and traffic law. Prior to initiating  the  finger-
   17  printing  process,  the prospective employer shall furnish the applicant
   18  with the form described  in  paragraph  (c)  of  subdivision  thirty  of
   19  section  three  hundred five of this chapter and shall obtain the appli-
   20  cant's consent to  the  criminal  history  records  search.  PROSPECTIVE
   21  EMPLOYEES,  INCLUDING OUT-OF-STATE APPLICANTS TO THE EXTENT PRACTICABLE,
   22  SHALL BE FINGERPRINTED BY AUTHORIZED  PERSONNEL  AT  DESIGNATED  FINGER-
   23  PRINTING  ENTITIES APPROVED BY THE DEPARTMENT, USING ELECTRONIC SCANNING
   24  TECHNOLOGY APPROVED BY THE DEPARTMENT. OUT-OF-STATE PROSPECTIVE  EMPLOY-
   25  EES  WHO  SUBMIT  FINGERPRINT  CARDS AND ARE NOT FINGERPRINTED ELECTRON-
   26  ICALLY PURSUANT TO THE REQUIREMENTS OF THIS PARAGRAPH SHALL  BE  FINGER-
   27  PRINTED ELECTRONICALLY PRIOR TO EMPLOYMENT WITHIN THE STATE. IN ADDITION
   28  TO  THE REQUIREMENTS OF THIS PARAGRAPH, THE COMMISSIONER SHALL ESTABLISH
   29  MINIMUM STANDARDS AND PROCEDURES FOR IDENTIFICATION VERIFICATION  TO  BE
   30  FOLLOWED  AT  FINGERPRINTING SITES, WHICH SHALL INCLUDE THE REQUIREMENTS
   31  OF THIS SECTION IN REGULATIONS OF THE COMMISSIONER. PRIOR TO  INITIATING
   32  THE  FINGERPRINTING PROCESS AND IN THE PRESENCE OF AUTHORIZED PERSONNEL,
   33  A PROSPECTIVE EMPLOYEE SHALL SIGN A  SWORN  STATEMENT  PREPARED  BY  THE
   34  DEPARTMENT VERIFYING THE PROSPECTIVE EMPLOYEE'S IDENTITY AND PRESENT TWO
   35  FORMS  OF  IDENTIFICATION,  ONE OF WHICH SHALL BE AN OFFICIAL GOVERNMENT
   36  ISSUED PHOTO IDENTIFICATION CAPABLE OF BEING VERIFIED. A  PHOTOGRAPH  OF
   37  THE  PROSPECTIVE  EMPLOYEE  SHALL  BE  TAKEN BY AUTHORIZED PERSONNEL AND
   38  AFFIXED TO THE PROSPECTIVE  EMPLOYEE'S  SIGNED,  SWORN  STATEMENT.  UPON
   39  COMPLETION OF THE FINGERPRINTING PROCESS, THE AUTHORIZED PERSONNEL SHALL
   40  SIGN  AN  AFFIDAVIT, ON A FORM PRESCRIBED BY THE COMMISSIONER, ATTESTING
   41  THAT HE OR SHE VERIFIED THE PHOTO  IDENTIFICATION  PRESENTED,  WITNESSED
   42  THE  SIGNATURE  AND  PROCESSED  THE FINGERPRINTS IN ACCORDANCE WITH THIS
   43  CHAPTER AND THE RULES AND REGULATIONS OF THE DEPARTMENT.  THESE  RECORDS
   44  SHALL  BE  RETAINED AS BUSINESS RECORDS AS DEFINED IN SUBDIVISION TWO OF
   45  SECTION 175.00 OF THE PENAL LAW FOR THE  DURATION  OF  THE  INDIVIDUAL'S
   46  EMPLOYMENT  IN  A  MANNER  PRESCRIBED  BY THE COMMISSIONER. Every set of
   47  fingerprints taken  pursuant  to  this  subdivision  shall  be  promptly
   48  submitted to the commissioner for purposes of clearance for employment.
   49    S  3.  Paragraph  a of subdivision 39 of section 1709 of the education
   50  law, as amended by chapter 147 of the laws of 2001, is amended  to  read
   51  as follows:
   52    a. Shall require, for purposes of a criminal history record check, the
   53  fingerprinting  of  all  prospective employees pursuant to section three
   54  thousand thirty-five of this chapter, who do not  hold  valid  clearance
   55  pursuant to such section or pursuant to section three thousand four-b of
   56  this  chapter  or section five hundred nine-cc or twelve hundred twenty-
       A. 6816--C                          4

    1  nine-d of the vehicle and traffic law. Prior to initiating  the  finger-
    2  printing  process,  the prospective employer shall furnish the applicant
    3  with the form described  in  paragraph  (c)  of  subdivision  thirty  of
    4  section  three  hundred five of this chapter and shall obtain the appli-
    5  cant's consent to the criminal  history  records  search.    PROSPECTIVE
    6  EMPLOYEES,  INCLUDING OUT-OF-STATE APPLICANTS TO THE EXTENT PRACTICABLE,
    7  SHALL BE FINGERPRINTED BY AUTHORIZED  PERSONNEL  AT  DESIGNATED  FINGER-
    8  PRINTING  ENTITIES APPROVED BY THE DEPARTMENT, USING ELECTRONIC SCANNING
    9  TECHNOLOGY APPROVED BY THE DEPARTMENT. OUT-OF-STATE PROSPECTIVE  EMPLOY-
   10  EES  WHO  SUBMIT  FINGERPRINT  CARDS AND ARE NOT FINGERPRINTED ELECTRON-
   11  ICALLY PURSUANT TO THE REQUIREMENTS OF THIS PARAGRAPH SHALL  BE  FINGER-
   12  PRINTED ELECTRONICALLY PRIOR TO EMPLOYMENT WITHIN THE STATE. IN ADDITION
   13  TO  THE REQUIREMENTS OF THIS PARAGRAPH, THE COMMISSIONER SHALL ESTABLISH
   14  MINIMUM STANDARDS AND PROCEDURES FOR IDENTIFICATION VERIFICATION  TO  BE
   15  FOLLOWED  AT  FINGERPRINTING SITES, WHICH SHALL INCLUDE THE REQUIREMENTS
   16  OF THIS SECTION IN REGULATIONS OF THE COMMISSIONER. PRIOR TO  INITIATING
   17  THE  FINGERPRINTING PROCESS AND IN THE PRESENCE OF AUTHORIZED PERSONNEL,
   18  A PROSPECTIVE EMPLOYEE SHALL SIGN A  SWORN  STATEMENT  PREPARED  BY  THE
   19  DEPARTMENT VERIFYING THE PROSPECTIVE EMPLOYEE'S IDENTITY AND PRESENT TWO
   20  FORMS  OF  IDENTIFICATION,  ONE OF WHICH SHALL BE AN OFFICIAL GOVERNMENT
   21  ISSUED PHOTO IDENTIFICATION CAPABLE OF BEING VERIFIED. A  PHOTOGRAPH  OF
   22  THE  PROSPECTIVE  EMPLOYEE  SHALL  BE  TAKEN BY AUTHORIZED PERSONNEL AND
   23  AFFIXED TO THE PROSPECTIVE  EMPLOYEE'S  SIGNED,  SWORN  STATEMENT.  UPON
   24  COMPLETION OF THE FINGERPRINTING PROCESS, THE AUTHORIZED PERSONNEL SHALL
   25  SIGN  AN  AFFIDAVIT, ON A FORM PRESCRIBED BY THE COMMISSIONER, ATTESTING
   26  THAT HE OR SHE VERIFIED THE PHOTO  IDENTIFICATION  PRESENTED,  WITNESSED
   27  THE  SIGNATURE  AND  PROCESSED  THE FINGERPRINTS IN ACCORDANCE WITH THIS
   28  CHAPTER AND THE RULES AND REGULATIONS OF THE DEPARTMENT.  THESE  RECORDS
   29  SHALL  BE  RETAINED AS BUSINESS RECORDS AS DEFINED IN SUBDIVISION TWO OF
   30  SECTION 175.00 OF THE PENAL LAW FOR THE  DURATION  OF  THE  INDIVIDUAL'S
   31  EMPLOYMENT  IN  A  MANNER  PRESCRIBED  BY THE COMMISSIONER. Every set of
   32  fingerprints taken  pursuant  to  this  subdivision  shall  be  promptly
   33  submitted to the commissioner for purposes of clearance for employment.
   34    S  4.  Paragraph  a  of subdivision 9 of section 1804 of the education
   35  law, as amended by chapter 147 of the laws of 2001, is amended  to  read
   36  as follows:
   37    a.  The  board  of education shall, for purposes of a criminal history
   38  record check, require the fingerprinting of  all  prospective  employees
   39  pursuant  to  section three thousand thirty-five of this chapter, who do
   40  not hold valid clearance pursuant to such section or pursuant to section
   41  three thousand four-b of this chapter or section five hundred nine-cc or
   42  twelve hundred twenty-nine-d of the vehicle and traffic  law.  Prior  to
   43  initiating  the  fingerprinting  process, the prospective employer shall
   44  furnish the applicant with the form described in paragraph (c) of subdi-
   45  vision thirty of section three hundred five of this  chapter  and  shall
   46  obtain  the  applicant's consent to the criminal history records search.
   47  PROSPECTIVE EMPLOYEES, INCLUDING OUT-OF-STATE APPLICANTS TO  THE  EXTENT
   48  PRACTICABLE,  SHALL  BE  FINGERPRINTED BY AUTHORIZED PERSONNEL AT DESIG-
   49  NATED FINGERPRINTING ENTITIES APPROVED BY THE  DEPARTMENT,  USING  ELEC-
   50  TRONIC  SCANNING  TECHNOLOGY  APPROVED  BY  THE DEPARTMENT. OUT-OF-STATE
   51  PROSPECTIVE EMPLOYEES WHO SUBMIT FINGERPRINT CARDS AND ARE  NOT  FINGER-
   52  PRINTED  ELECTRONICALLY  PURSUANT  TO THE REQUIREMENTS OF THIS PARAGRAPH
   53  SHALL BE FINGERPRINTED ELECTRONICALLY PRIOR  TO  EMPLOYMENT  WITHIN  THE
   54  STATE.    IN ADDITION TO THE REQUIREMENTS OF THIS PARAGRAPH, THE COMMIS-
   55  SIONER SHALL ESTABLISH MINIMUM STANDARDS AND PROCEDURES FOR  IDENTIFICA-
   56  TION  VERIFICATION  TO  BE FOLLOWED AT FINGERPRINTING SITES, WHICH SHALL
       A. 6816--C                          5

    1  INCLUDE THE REQUIREMENTS OF THIS SECTION IN REGULATIONS OF  THE  COMMIS-
    2  SIONER.  PRIOR TO INITIATING THE FINGERPRINTING PROCESS AND IN THE PRES-
    3  ENCE OF AUTHORIZED PERSONNEL, A PROSPECTIVE EMPLOYEE SHALL SIGN A  SWORN
    4  STATEMENT  PREPARED  BY THE DEPARTMENT VERIFYING THE PROSPECTIVE EMPLOY-
    5  EE'S IDENTITY AND PRESENT TWO FORMS  OF  IDENTIFICATION,  ONE  OF  WHICH
    6  SHALL  BE  AN OFFICIAL GOVERNMENT ISSUED PHOTO IDENTIFICATION CAPABLE OF
    7  BEING VERIFIED. A PHOTOGRAPH OF THE PROSPECTIVE EMPLOYEE SHALL BE  TAKEN
    8  BY  AUTHORIZED  PERSONNEL  AND  AFFIXED  TO  THE  PROSPECTIVE EMPLOYEE'S
    9  SIGNED, SWORN STATEMENT.  UPON COMPLETION OF THE FINGERPRINTING PROCESS,
   10  THE AUTHORIZED PERSONNEL SHALL SIGN AN AFFIDAVIT, ON A  FORM  PRESCRIBED
   11  BY  THE  COMMISSIONER, ATTESTING THAT HE OR SHE VERIFIED THE PHOTO IDEN-
   12  TIFICATION PRESENTED, WITNESSED THE SIGNATURE AND PROCESSED THE  FINGER-
   13  PRINTS  IN ACCORDANCE WITH THIS CHAPTER AND THE RULES AND REGULATIONS OF
   14  THE DEPARTMENT.  THESE RECORDS SHALL BE RETAINED AS BUSINESS RECORDS  AS
   15  DEFINED  IN  SUBDIVISION  TWO OF SECTION 175.00 OF THE PENAL LAW FOR THE
   16  DURATION OF THE INDIVIDUAL'S EMPLOYMENT IN A MANNER  PRESCRIBED  BY  THE
   17  COMMISSIONER.  Every set of fingerprints taken pursuant to this subdivi-
   18  sion shall be promptly submitted to the  commissioner  for  purposes  of
   19  clearance for employment.
   20    S  5.  Subparagraph a of paragraph ll of subdivision 4 of section 1950
   21  of the education law, as amended by chapter 147 of the laws of 2001,  is
   22  amended to read as follows:
   23    a. Shall require, for purposes of a criminal history record check, the
   24  fingerprinting  of  all  prospective employees pursuant to section three
   25  thousand thirty-five of this chapter, who do not  hold  valid  clearance
   26  pursuant to such section or pursuant to section three thousand four-b of
   27  this  chapter  or section five hundred nine-cc or twelve hundred twenty-
   28  nine-d of the vehicle and traffic law. Prior to initiating  the  finger-
   29  printing  process,  the prospective employer shall furnish the applicant
   30  with the form described  in  paragraph  (c)  of  subdivision  thirty  of
   31  section  three  hundred five of this chapter and shall obtain the appli-
   32  cant's consent to the criminal  history  records  search.    PROSPECTIVE
   33  EMPLOYEES,  INCLUDING OUT-OF-STATE APPLICANTS TO THE EXTENT PRACTICABLE,
   34  SHALL BE FINGERPRINTED BY AUTHORIZED  PERSONNEL  AT  DESIGNATED  FINGER-
   35  PRINTING  ENTITIES APPROVED BY THE DEPARTMENT, USING ELECTRONIC SCANNING
   36  TECHNOLOGY APPROVED BY THE DEPARTMENT. OUT-OF-STATE PROSPECTIVE  EMPLOY-
   37  EES  WHO  SUBMIT  FINGERPRINT  CARDS AND ARE NOT FINGERPRINTED ELECTRON-
   38  ICALLY PURSUANT TO THE REQUIREMENTS OF THIS SUBPARAGRAPH SHALL BE  FING-
   39  ERPRINTED  ELECTRONICALLY  PRIOR  TO  EMPLOYMENT  WITHIN  THE  STATE. IN
   40  ADDITION TO THE REQUIREMENTS  OF  THIS  SUBPARAGRAPH,  THE  COMMISSIONER
   41  SHALL  ESTABLISH  MINIMUM  STANDARDS  AND  PROCEDURES FOR IDENTIFICATION
   42  VERIFICATION TO BE FOLLOWED AT FINGERPRINTING SITES, WHICH SHALL INCLUDE
   43  THE REQUIREMENTS OF THIS SECTION IN  REGULATIONS  OF  THE  COMMISSIONER.
   44  PRIOR  TO  INITIATING  THE FINGERPRINTING PROCESS AND IN THE PRESENCE OF
   45  AUTHORIZED PERSONNEL, A PROSPECTIVE EMPLOYEE SHALL SIGN A  SWORN  STATE-
   46  MENT  PREPARED  BY  THE  DEPARTMENT VERIFYING THE PROSPECTIVE EMPLOYEE'S
   47  IDENTITY AND PRESENT TWO FORMS OF IDENTIFICATION, ONE OF WHICH SHALL  BE
   48  AN  OFFICIAL  GOVERNMENT  ISSUED  PHOTO  IDENTIFICATION CAPABLE OF BEING
   49  VERIFIED. A PHOTOGRAPH OF THE PROSPECTIVE EMPLOYEE  SHALL  BE  TAKEN  BY
   50  AUTHORIZED  PERSONNEL  AND AFFIXED TO THE PROSPECTIVE EMPLOYEE'S SIGNED,
   51  SWORN STATEMENT. UPON COMPLETION  OF  THE  FINGERPRINTING  PROCESS,  THE
   52  AUTHORIZED  PERSONNEL  SHALL  SIGN AN AFFIDAVIT, ON A FORM PRESCRIBED BY
   53  THE COMMISSIONER, ATTESTING THAT HE OR SHE VERIFIED THE PHOTO  IDENTIFI-
   54  CATION PRESENTED, WITNESSED THE SIGNATURE AND PROCESSED THE FINGERPRINTS
   55  IN  ACCORDANCE  WITH  THIS  CHAPTER AND THE RULES AND REGULATIONS OF THE
   56  DEPARTMENT.   THESE RECORDS SHALL BE RETAINED  AS  BUSINESS  RECORDS  AS
       A. 6816--C                          6

    1  DEFINED  IN  SUBDIVISION  TWO OF SECTION 175.00 OF THE PENAL LAW FOR THE
    2  DURATION OF THE INDIVIDUAL'S EMPLOYMENT IN A MANNER  PRESCRIBED  BY  THE
    3  COMMISSIONER. Every set of fingerprints taken pursuant to this paragraph
    4  shall  be  promptly submitted to the commissioner for purposes of clear-
    5  ance for employment.
    6    S 6. Subdivision 4 of section 1950 of the education law is amended  by
    7  adding a new paragraph oo to read as follows:
    8    OO.  TO PROCESS FINGERPRINTS TO BE UTILIZED IN CRIMINAL HISTORY RECORD
    9  CHECKS FOR PROSPECTIVE EMPLOYEES OF NONPUBLIC ELEMENTARY  AND  SECONDARY
   10  SCHOOLS,  NON-COMPONENT SCHOOL DISTRICTS AND CHARTER SCHOOLS PURSUANT TO
   11  SUBDIVISION THIRTY OF SECTION THREE HUNDRED FIVE OF THIS CHAPTER AND  TO
   12  ENTER CONTRACTS WITH SUCH SCHOOLS FOR SUCH PURPOSE, AND TO PROCESS FING-
   13  ERPRINTS FOR CRIMINAL HISTORY RECORDS SEARCHES PURSUANT TO SECTION THREE
   14  THOUSAND  THIRTY-FIVE OF THIS CHAPTER FOR APPLICANTS FOR TEACHER CERTIF-
   15  ICATION AND FOR APPLICANTS FOR A CHARTER AS A CHARTER SCHOOL PURSUANT TO
   16  SUBDIVISION FOUR OF SECTION TWENTY-EIGHT HUNDRED FIFTY-TWO OF THIS CHAP-
   17  TER.  SUCH PROCESSING SERVICES SHALL BE PROVIDED AT COST AND  THE  BOARD
   18  OF  COOPERATIVE  EDUCATIONAL  SERVICES SHALL NOT BE AUTHORIZED TO CHARGE
   19  ANY COSTS INCURRED IN PROVIDING SUCH SERVICES TO  ITS  COMPONENT  SCHOOL
   20  DISTRICTS.  THE  BOARD  OF  COOPERATIVE  EDUCATIONAL SERVICES ARE HEREBY
   21  AUTHORIZED TO DO AND PERFORM ANY AND ALL ACTS NECESSARY OR CONVENIENT IN
   22  RELATION TO THE PROVISION OF SUCH SERVICES.
   23    S 7. Paragraph a of subdivision 18 of section 2503  of  the  education
   24  law,  as  amended by chapter 147 of the laws of 2001, is amended to read
   25  as follows:
   26    a. Shall require, for purposes of a criminal history record check, the
   27  fingerprinting of all prospective employees pursuant  to  section  three
   28  thousand  thirty-five  of  this chapter, who do not hold valid clearance
   29  pursuant to such section or pursuant to section three thousand four-b of
   30  this chapter or section five hundred nine-cc or twelve  hundred  twenty-
   31  nine-d  of  the vehicle and traffic law. Prior to initiating the finger-
   32  printing process, the prospective employer shall furnish  the  applicant
   33  with  the  form  described  in  paragraph  (c)  of subdivision thirty of
   34  section three hundred five of this chapter and shall obtain  the  appli-
   35  cant's  consent  to  the  criminal  history records search. Every set of
   36  fingerprints taken  pursuant  to  this  subdivision  shall  be  promptly
   37  submitted  to the commissioner for purposes of clearance for employment.
   38  PROSPECTIVE EMPLOYEES, INCLUDING OUT-OF-STATE APPLICANTS TO  THE  EXTENT
   39  PRACTICABLE,  SHALL  BE  FINGERPRINTED BY AUTHORIZED PERSONNEL AT DESIG-
   40  NATED FINGERPRINTING ENTITIES APPROVED BY THE  DEPARTMENT,  USING  ELEC-
   41  TRONIC  SCANNING  TECHNOLOGY  APPROVED  BY  THE DEPARTMENT. OUT-OF-STATE
   42  PROSPECTIVE EMPLOYEES WHO SUBMIT FINGERPRINT CARDS AND ARE  NOT  FINGER-
   43  PRINTED  ELECTRONICALLY  PURSUANT  TO THE REQUIREMENTS OF THIS PARAGRAPH
   44  SHALL BE FINGERPRINTED ELECTRONICALLY PRIOR  TO  EMPLOYMENT  WITHIN  THE
   45  STATE.  IN  ADDITION  TO THE REQUIREMENTS OF THIS PARAGRAPH, THE COMMIS-
   46  SIONER SHALL ESTABLISH MINIMUM STANDARDS AND PROCEDURES FOR  IDENTIFICA-
   47  TION  VERIFICATION  TO  BE FOLLOWED AT FINGERPRINTING SITES, WHICH SHALL
   48  INCLUDE THE REQUIREMENTS OF THIS SECTION IN REGULATIONS OF  THE  COMMIS-
   49  SIONER.  PRIOR TO INITIATING THE FINGERPRINTING PROCESS AND IN THE PRES-
   50  ENCE OF AUTHORIZED PERSONNEL, A PROSPECTIVE EMPLOYEE SHALL SIGN A  SWORN
   51  STATEMENT  PREPARED  BY THE DEPARTMENT VERIFYING THE PROSPECTIVE EMPLOY-
   52  EE'S IDENTITY AND PRESENT TWO FORMS  OF  IDENTIFICATION,  ONE  OF  WHICH
   53  SHALL  BE  AN OFFICIAL GOVERNMENT ISSUED PHOTO IDENTIFICATION CAPABLE OF
   54  BEING VERIFIED. A PHOTOGRAPH OF THE PROSPECTIVE EMPLOYEE SHALL BE  TAKEN
   55  BY  AUTHORIZED  PERSONNEL  AND  AFFIXED  TO  THE  PROSPECTIVE EMPLOYEE'S
   56  SIGNED, SWORN STATEMENT. UPON COMPLETION OF THE FINGERPRINTING  PROCESS,
       A. 6816--C                          7

    1  THE  AUTHORIZED  PERSONNEL SHALL SIGN AN AFFIDAVIT, ON A FORM PRESCRIBED
    2  BY THE COMMISSIONER, ATTESTING THAT HE OR SHE VERIFIED THE  PHOTO  IDEN-
    3  TIFICATION  PRESENTED, WITNESSED THE SIGNATURE AND PROCESSED THE FINGER-
    4  PRINTS  IN ACCORDANCE WITH THIS CHAPTER AND THE RULES AND REGULATIONS OF
    5  THE DEPARTMENT.  THESE RECORDS SHALL BE RETAINED AS BUSINESS RECORDS  AS
    6  DEFINED  IN  SUBDIVISION  TWO OF SECTION 175.00 OF THE PENAL LAW FOR THE
    7  DURATION OF THE INDIVIDUAL'S EMPLOYMENT IN A MANNER  PRESCRIBED  BY  THE
    8  COMMISSIONER.
    9    S  8.  Paragraph  a of subdivision 25 of section 2554 of the education
   10  law, as amended by section 2 of chapter 91  of  the  laws  of  2002,  is
   11  amended to read as follows:
   12    a. Shall require, for purposes of a criminal history record check, the
   13  fingerprinting  of  all  prospective employees pursuant to section three
   14  thousand thirty-five of this chapter, who do not  hold  valid  clearance
   15  pursuant to such section or pursuant to section three thousand four-b of
   16  this  chapter  or section five hundred nine-cc or twelve hundred twenty-
   17  nine-d of the vehicle and traffic law. Prior to initiating  the  finger-
   18  printing  process,  the prospective employer shall furnish the applicant
   19  with the form described  in  paragraph  (c)  of  subdivision  thirty  of
   20  section  three  hundred five of this chapter and shall obtain the appli-
   21  cant's consent to the criminal history  records  search.  Every  set  of
   22  fingerprints  taken  pursuant  to  this  subdivision  shall  be promptly
   23  submitted to the commissioner for purposes of clearance for  employment.
   24  PROSPECTIVE  EMPLOYEES,  INCLUDING OUT-OF-STATE APPLICANTS TO THE EXTENT
   25  PRACTICABLE, SHALL BE FINGERPRINTED BY AUTHORIZED  PERSONNEL  AT  DESIG-
   26  NATED  FINGERPRINTING  ENTITIES  APPROVED BY THE DEPARTMENT, USING ELEC-
   27  TRONIC SCANNING TECHNOLOGY  APPROVED  BY  THE  DEPARTMENT.  OUT-OF-STATE
   28  PROSPECTIVE  EMPLOYEES  WHO SUBMIT FINGERPRINT CARDS AND ARE NOT FINGER-
   29  PRINTED ELECTRONICALLY PURSUANT TO THE REQUIREMENTS  OF  THIS  PARAGRAPH
   30  SHALL  BE  FINGERPRINTED  ELECTRONICALLY  PRIOR TO EMPLOYMENT WITHIN THE
   31  STATE. IN ADDITION TO THE REQUIREMENTS OF THIS  PARAGRAPH,  THE  COMMIS-
   32  SIONER  SHALL ESTABLISH MINIMUM STANDARDS AND PROCEDURES FOR IDENTIFICA-
   33  TION VERIFICATION TO BE FOLLOWED AT FINGERPRINTING  SITES,  WHICH  SHALL
   34  INCLUDE  THE  REQUIREMENTS OF THIS SECTION IN REGULATIONS OF THE COMMIS-
   35  SIONER. PRIOR TO INITIATING THE FINGERPRINTING PROCESS AND IN THE  PRES-
   36  ENCE  OF AUTHORIZED PERSONNEL, A PROSPECTIVE EMPLOYEE SHALL SIGN A SWORN
   37  STATEMENT PREPARED BY THE DEPARTMENT VERIFYING THE  PROSPECTIVE  EMPLOY-
   38  EE'S  IDENTITY  AND  PRESENT  TWO  FORMS OF IDENTIFICATION, ONE OF WHICH
   39  SHALL BE AN OFFICIAL GOVERNMENT ISSUED PHOTO IDENTIFICATION  CAPABLE  OF
   40  BEING  VERIFIED. A PHOTOGRAPH OF THE PROSPECTIVE EMPLOYEE SHALL BE TAKEN
   41  BY AUTHORIZED  PERSONNEL  AND  AFFIXED  TO  THE  PROSPECTIVE  EMPLOYEE'S
   42  SIGNED,  SWORN STATEMENT. UPON COMPLETION OF THE FINGERPRINTING PROCESS,
   43  THE AUTHORIZED PERSONNEL SHALL SIGN AN AFFIDAVIT, ON A  FORM  PRESCRIBED
   44  BY  THE  COMMISSIONER, ATTESTING THAT HE OR SHE VERIFIED THE PHOTO IDEN-
   45  TIFICATION PRESENTED, WITNESSED THE SIGNATURE AND PROCESSED THE  FINGER-
   46  PRINTS  IN ACCORDANCE WITH THIS CHAPTER AND THE RULES AND REGULATIONS OF
   47  THE DEPARTMENT.  THESE RECORDS SHALL BE RETAINED AS BUSINESS RECORDS  AS
   48  DEFINED  IN  SUBDIVISION  TWO OF SECTION 175.00 OF THE PENAL LAW FOR THE
   49  DURATION OF THE INDIVIDUAL'S EMPLOYMENT IN A MANNER  PRESCRIBED  BY  THE
   50  COMMISSIONER.
   51    S  9.  Subparagraph (i) of paragraph (a-2) of subdivision 3 of section
   52  2854 of the education law, as amended by chapter  147  of  the  laws  of
   53  2001, is amended to read as follows:
   54    (i)  The  board  of  trustees  of  a charter school shall require, for
   55  purposes of a criminal history record check, the fingerprinting  of  all
   56  prospective  employees pursuant to section three thousand thirty-five of
       A. 6816--C                          8

    1  this chapter, who do not hold valid clearance pursuant to  such  section
    2  or  pursuant to section three thousand four-b of this chapter or section
    3  five hundred nine-cc or twelve hundred twenty-nine-d of the vehicle  and
    4  traffic  law.  Prior  to  initiating  the  fingerprinting  process,  the
    5  prospective employer shall furnish the applicant with the form described
    6  in paragraph (c) of subdivision thirty of section three hundred five  of
    7  this  chapter  and  shall obtain the applicant's consent to the criminal
    8  history records search. PROSPECTIVE  EMPLOYEES,  INCLUDING  OUT-OF-STATE
    9  APPLICANTS  TO THE EXTENT PRACTICABLE, SHALL BE FINGERPRINTED BY AUTHOR-
   10  IZED PERSONNEL AT DESIGNATED FINGERPRINTING  ENTITIES  APPROVED  BY  THE
   11  DEPARTMENT, USING ELECTRONIC SCANNING TECHNOLOGY APPROVED BY THE DEPART-
   12  MENT.    OUT-OF-STATE PROSPECTIVE EMPLOYEES WHO SUBMIT FINGERPRINT CARDS
   13  AND ARE NOT FINGERPRINTED ELECTRONICALLY PURSUANT TO THE REQUIREMENTS OF
   14  THIS SUBPARAGRAPH SHALL BE FINGERPRINTED ELECTRONICALLY PRIOR TO EMPLOY-
   15  MENT WITHIN THE STATE. IN ADDITION TO THE REQUIREMENTS OF THIS  SUBPARA-
   16  GRAPH, THE COMMISSIONER SHALL ESTABLISH MINIMUM STANDARDS AND PROCEDURES
   17  FOR  IDENTIFICATION VERIFICATION TO BE FOLLOWED AT FINGERPRINTING SITES,
   18  WHICH SHALL INCLUDE THE REQUIREMENTS OF THIS SECTION IN  REGULATIONS  OF
   19  THE  COMMISSIONER. PRIOR TO INITIATING THE FINGERPRINTING PROCESS AND IN
   20  THE PRESENCE OF AUTHORIZED PERSONNEL, A PROSPECTIVE EMPLOYEE SHALL  SIGN
   21  A  SWORN  STATEMENT PREPARED BY THE DEPARTMENT VERIFYING THE PROSPECTIVE
   22  EMPLOYEE'S IDENTITY AND PRESENT TWO  FORMS  OF  IDENTIFICATION,  ONE  OF
   23  WHICH  SHALL BE AN OFFICIAL GOVERNMENT ISSUED PHOTO IDENTIFICATION CAPA-
   24  BLE OF BEING VERIFIED. A PHOTOGRAPH OF THE PROSPECTIVE EMPLOYEE SHALL BE
   25  TAKEN BY AUTHORIZED PERSONNEL AND AFFIXED TO THE PROSPECTIVE  EMPLOYEE'S
   26  SIGNED,  SWORN STATEMENT. UPON COMPLETION OF THE FINGERPRINTING PROCESS,
   27  THE AUTHORIZED PERSONNEL SHALL SIGN AN AFFIDAVIT, ON A  FORM  PRESCRIBED
   28  BY  THE  COMMISSIONER, ATTESTING THAT HE OR SHE VERIFIED THE PHOTO IDEN-
   29  TIFICATION PRESENTED, WITNESSED THE SIGNATURE AND PROCESSED THE  FINGER-
   30  PRINTS  IN ACCORDANCE WITH THIS CHAPTER AND THE RULES AND REGULATIONS OF
   31  THE DEPARTMENT.  THESE RECORDS SHALL BE RETAINED AS BUSINESS RECORDS  AS
   32  DEFINED  IN  SUBDIVISION  TWO OF SECTION 175.00 OF THE PENAL LAW FOR THE
   33  DURATION OF THE INDIVIDUAL'S EMPLOYMENT IN A MANNER  PRESCRIBED  BY  THE
   34  COMMISSIONER. Every set of fingerprints taken pursuant to this paragraph
   35  shall  be  promptly submitted to the commissioner for purposes of clear-
   36  ance for employment.
   37    S 10. Subdivision 1 of section 3004-b of the education law,  as  sepa-
   38  rately  amended  by chapters 147 and 380 of the laws of 2001, is amended
   39  to read as follows:
   40    1. Criminal history records search. Upon receipt of an application for
   41  certification as a superintendent of schools, teacher, administrator  or
   42  supervisor,  teaching  assistant  or school personnel required to hold a
   43  teaching or administrative  license  or  certificate,  the  commissioner
   44  shall,  subject to the rules and regulations of the division of criminal
   45  justice services, initiate a criminal  history  records  search  of  the
   46  person  making application, except that nothing in this section shall be
   47  construed to require a criminal history record check  of  an  individual
   48  who  holds a valid provisional certificate on the effective date of this
   49  section and applies for permanent certification in the same  certificate
   50  title,  or of an individual who applies for a temporary license to serve
   51  in the city school district of the city of New York and has been cleared
   52  for licensure and/or employment by such city school district pursuant to
   53  subdivision twenty of section twenty-five hundred ninety-h of this chap-
   54  ter. Prior to initiating the fingerprinting  process,  the  commissioner
   55  shall  furnish the applicant with the form described in paragraph (c) of
   56  subdivision thirty of section three hundred five  of  this  chapter  and
       A. 6816--C                          9

    1  shall  obtain  the  applicant's  consent to the criminal history records
    2  search.  APPLICANTS FOR CERTIFICATION, WHO ARE REQUIRED  TO  BE  FINGER-
    3  PRINTED  UNDER  THIS  SECTION,  INCLUDING OUT-OF-STATE APPLICANTS TO THE
    4  EXTENT  PRACTICABLE,  SHALL  BE FINGERPRINTED BY AUTHORIZED PERSONNEL AT
    5  DESIGNATED FINGERPRINTING ENTITIES APPROVED  BY  THE  DEPARTMENT,  USING
    6  ELECTRONIC  SCANNING TECHNOLOGY APPROVED BY THE DEPARTMENT. OUT-OF-STATE
    7  APPLICANTS WHO SUBMIT FINGERPRINT CARDS AND ARE NOT FINGERPRINTED  ELEC-
    8  TRONICALLY  PURSUANT  TO  THE  REQUIREMENTS OF THIS SUBDIVISION SHALL BE
    9  FINGERPRINTED ELECTRONICALLY PRIOR TO EMPLOYMENT WITHIN  THE  STATE.  IN
   10  ADDITION TO THE REQUIREMENTS OF THIS SUBDIVISION, THE COMMISSIONER SHALL
   11  ESTABLISH  MINIMUM STANDARDS AND PROCEDURES FOR IDENTIFICATION VERIFICA-
   12  TION TO BE FOLLOWED AT FINGERPRINTING SITES,  WHICH  SHALL  INCLUDE  THE
   13  REQUIREMENTS  OF  THIS SECTION IN REGULATIONS OF THE COMMISSIONER. PRIOR
   14  TO INITIATING THE FINGERPRINTING PROCESS AND IN THE PRESENCE OF  AUTHOR-
   15  IZED  PERSONNEL,  AN  APPLICANT SHALL SIGN A SWORN STATEMENT PREPARED BY
   16  THE DEPARTMENT VERIFYING THE APPLICANT'S IDENTITY AND PRESENT TWO  FORMS
   17  OF  IDENTIFICATION,  ONE OF WHICH SHALL BE AN OFFICIAL GOVERNMENT ISSUED
   18  PHOTO IDENTIFICATION CAPABLE OF BEING  VERIFIED.  A  PHOTOGRAPH  OF  THE
   19  APPLICANT  SHALL  BE  TAKEN  BY  AUTHORIZED PERSONNEL AND AFFIXED TO THE
   20  APPLICANT'S SIGNED, SWORN STATEMENT.   UPON COMPLETION  OF  THE  FINGER-
   21  PRINTING PROCESS, THE AUTHORIZED PERSONNEL SHALL SIGN AN AFFIDAVIT, ON A
   22  FORM  PRESCRIBED  BY THE COMMISSIONER, ATTESTING THAT HE OR SHE VERIFIED
   23  THE PHOTO IDENTIFICATION PRESENTED, WITNESSED THE  SIGNATURE  AND  PROC-
   24  ESSED THE FINGERPRINTS IN ACCORDANCE WITH THIS CHAPTER AND THE RULES AND
   25  REGULATIONS OF THE DEPARTMENT.  THESE RECORDS SHALL BE RETAINED AS BUSI-
   26  NESS  RECORDS  AS  DEFINED  IN  SUBDIVISION TWO OF SECTION 175.00 OF THE
   27  PENAL LAW FOR THE DURATION OF THE INDIVIDUAL'S EMPLOYMENT  IN  A  MANNER
   28  PRESCRIBED  BY THE COMMISSIONER. The commissioner shall obtain from each
   29  applicant ONE SET, OR WHERE NECESSARY, two sets of fingerprints and  the
   30  division of criminal justice services processing fee imposed pursuant to
   31  subdivision  eight-a of section eight hundred thirty-seven of the execu-
   32  tive law and any fee imposed by the federal bureau of investigation. The
   33  commissioner shall promptly transmit such fingerprints and fees  to  the
   34  division  of  criminal  justice  services for its full search and retain
   35  processing. The division of criminal justice services is  authorized  to
   36  submit the fingerprints and the appropriate fee to the federal bureau of
   37  investigation for a national criminal history record check. The division
   38  of  criminal  justice  services  and the federal bureau of investigation
   39  shall forward such criminal history record  to  the  commissioner  in  a
   40  timely  manner.  For  the  purposes  of  this section the term "criminal
   41  history record" shall mean a record of all convictions of crimes and any
   42  pending criminal charges maintained on an individual by the division  of
   43  criminal  justice  services  and the federal bureau of investigation. In
   44  addition, upon request from an applicant who has applied for  employment
   45  with  the city school district of the city of New York, the commissioner
   46  shall have the authority to forward a  copy  of  such  criminal  history
   47  record  to  the city school district of the city of New York by the most
   48  expeditious means available. Furthermore, upon  notification  that  such
   49  applicant  is  employed  by  the city school district of the city of New
   50  York, the division of criminal justice services shall have the authority
   51  to provide subsequent criminal history  notifications  directly  to  the
   52  city  school  district  of  the  city  of New York. Upon request from an
   53  applicant who has already been cleared for licensure  and/or  employment
   54  by  the  city  school  district  of  the  city  of New York, such school
   55  district shall have the authority to forward a copy of  the  applicant's
   56  criminal  history  record  to  the commissioner, by the most expeditious
       A. 6816--C                         10

    1  means available, for the purposes of  this  section.  Furthermore,  upon
    2  notification  that  such  applicant  has been certified, the division of
    3  criminal justice services shall have the authority to provide subsequent
    4  criminal  history  notifications  directly to the commissioner. All such
    5  criminal history records processed and sent pursuant to this subdivision
    6  shall be confidential pursuant to the applicable federal and state laws,
    7  rules and regulations,  and  shall  not  be  published  or  in  any  way
    8  disclosed  to  persons  other  than  the  commissioner, unless otherwise
    9  authorized by law.  No cause of action against  the  department  or  the
   10  division of criminal justice services for damages related to the dissem-
   11  ination  of  criminal history records pursuant to this subdivision shall
   12  exist when the department or division of criminal justice  services  has
   13  reasonably  and  in good faith relied upon the accuracy and completeness
   14  of criminal history information furnished to it by  qualified  agencies.
   15  The  provision of such criminal history record by the division of crimi-
   16  nal justice services shall be subject to the provisions  of  subdivision
   17  sixteen  of  section  two  hundred  ninety-six of the executive law. The
   18  commissioner shall consider such criminal  history  record  pursuant  to
   19  article twenty-three-A of the correction law.
   20    S  11.  Subdivision 1 of section 3035 of the education law, as amended
   21  by chapter 630 of the laws of 2006, is amended to read as follows:
   22    1. The commissioner shall submit to the division of  criminal  justice
   23  services  ONE  SET  OR  WHERE  NECESSARY,  two  sets  of fingerprints of
   24  prospective employees as defined in subdivision three of section  eleven
   25  hundred  twenty-five  of  this  chapter received from a school district,
   26  charter school or board  of  cooperative  educational  services  and  of
   27  prospective employees received from nonpublic and private elementary and
   28  secondary  schools  pursuant to title two of this chapter, and the divi-
   29  sion of criminal justice services processing  fee  imposed  pursuant  to
   30  subdivision  eight-a of section eight hundred thirty-seven of the execu-
   31  tive law and any fee imposed by the federal bureau of investigation. The
   32  division of criminal justice services and the federal bureau of investi-
   33  gation shall forward such criminal history record to the commissioner in
   34  a timely manner. For the purposes of this section,  the  term  "criminal
   35  history record" shall mean a record of all convictions of crimes and any
   36  pending  criminal charges maintained on an individual by the division of
   37  criminal justice services and the federal bureau of  investigation.  All
   38  such  criminal history records sent to the commissioner pursuant to this
   39  subdivision shall be confidential pursuant to the applicable federal and
   40  state laws, rules and regulations, and shall not be published or in  any
   41  way  disclosed  to persons other than the commissioner, unless otherwise
   42  authorized by law.
   43    S 12. The commissioner of education, in consultation with the  depart-
   44  ment  of  criminal  justice, shall conduct a study or studies (1) of the
   45  feasibility and desirability of aligning the fingerprinting process used
   46  for criminal history records checks for employment in  school  districts
   47  and  boards of cooperative educational services and for certification as
   48  a teacher or administrator, to  the  statewide  vendor  managed  network
   49  administered  by  the  division  of  criminal  justice services, and (2)
   50  establishing a new fingerprinting process  using  the  statewide  vendor
   51  managed  network  administered  by  the  division  of  criminal  justice
   52  services for criminal history records checks for licensed  professionals
   53  under  title  VIII  of the education law.  The commissioner of education
   54  shall submit a report to the board of  regents,  the  governor  and  the
   55  legislature  by  no  later  than January 15, 2015, with recommendations,
   56  including appropriate actions that would need to be taken to  align  the
       A. 6816--C                         11

    1  existing  fingerprinting  process  and to establish a new fingerprinting
    2  process for licensed professionals under title VIII of the education law
    3  with the statewide system and any estimated costs and/or savings associ-
    4  ated with movement to the statewide system.
    5    S  13.  The  commissioner of education is authorized to promulgate any
    6  and all rules and regulations and take any other measures  necessary  to
    7  implement  the provisions of this act on its effective date on or before
    8  such date.
    9    S 14. Section 12 of chapter 147 of the  laws  of  2001,  amending  the
   10  education  law  relating  to conditional appointment of school district,
   11  charter school or BOCES employees, as amended by section 32 of part A of
   12  chapter 57 of the laws of 2013, is amended to read as follows:
   13    S 12. This act shall take effect on the same date as  chapter  180  of
   14  the  laws of 2000 takes effect[, and shall expire July 1, 2014 when upon
   15  such date the provisions of this act shall be deemed repealed].
   16    S 15. This act shall take effect on  the  one  hundred  eightieth  day
   17  after it shall have become a law.
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