Requires pre-employment investigation of school district personnel to determine criminal history or the presence of controlled substances or communicable diseases; requires submission to fingerprinting and other tests.
STATE OF NEW YORK
________________________________________________________________________
3081
2023-2024 Regular Sessions
IN SENATE
January 27, 2023
___________
Introduced by Sen. LANZA -- read twice and ordered printed, and when
printed to be committed to the Committee on Education
AN ACT to amend the education law, in relation to pre-employment inves-
tigations for personnel employed in school districts
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The education law is amended by adding a new section 3001-e
2 to read as follows:
3 § 3001-e. Pre-employment investigation of personnel employed in school
4 districts. 1. Every school district shall conduct a pre-employment back-
5 ground investigation for all personnel employed in the district.
6 2. Each district, in cooperation with the division of criminal justice
7 services, shall promulgate regulations requiring all personnel employed
8 in such school district to submit to mandatory background questionnaires
9 and to such other tests for the presence of controlled substances or
10 communicable diseases as shall be determined to be necessary and proper.
11 3. Every person, as a condition of employment in a school district,
12 shall complete a background questionnaire, submit to such other tests
13 for the presence of controlled substances or communicable diseases as
14 shall be determined to be necessary and proper and sign a declaration
15 under penalty of perjury regarding any prior criminal convictions.
16 4. No school district employee shall be assigned to work involving the
17 care, custody or supervision of a child if it is determined that such
18 person has tested positive for the presence of a controlled substance or
19 communicable disease.
20 5. For purposes of this section, "communicable disease" shall mean any
21 disease that the commissioner of health, in the reasonable exercise of
22 his or her medical judgement, determines to be communicable, rapidly
23 emergent or a significant threat to public health. The list of desig-
24 nated communicable diseases is in section 2.1 of title ten of the New
25 York codes, rules and regulations.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD07496-01-3
S. 3081 2
1 § 2. Subdivision 20 of section 2590-h of the education law, as amended
2 by chapter 345 of the laws of 2009, is amended to read as follows:
3 20. Ensure compliance with qualifications established for all person-
4 nel employed in the city district, including the taking of fingerprints,
5 background questionnaires and submission to such other tests for the
6 presence of controlled substances or communicable diseases as shall be
7 determined to be necessary and proper as a prerequisite for licensure
8 and/or employment of such personnel. Every set of fingerprints taken
9 pursuant to this subdivision shall be promptly submitted to the division
10 of criminal justice services where it shall be appropriately processed.
11 Furthermore, the division of criminal justice services is authorized to
12 submit the fingerprints to the federal bureau of investigation for a
13 national criminal history record check.
14 § 3. Subdivision 20 of section 2590-h of the education law, as amended
15 by chapter 100 of the laws of 2003, is amended to read as follows:
16 20. Ensure compliance with qualifications established for all person-
17 nel employed in the city district, including the taking of fingerprints,
18 background questionnaires and submission to such other tests for the
19 presence of controlled substances or communicable diseases as shall be
20 determined to be necessary and proper as a prerequisite for licensure
21 and/or employment of such personnel. Every set of fingerprints taken
22 pursuant to this subdivision shall be promptly submitted to the division
23 of criminal justice services where it shall be appropriately processed.
24 Furthermore, the division of criminal justice services is authorized to
25 submit the fingerprints to the federal bureau of investigation for a
26 national criminal history record check.
27 § 4. This act shall take effect on the ninetieth day after it shall
28 have become a law; provided, however, that the amendments to subdivision
29 20 of section 2590-h of the education law, made by section two of this
30 act, shall not affect the expiration and reversion of such section and
31 shall expire therewith, when upon such date section three of this act
32 shall take effect. Effective immediately, the addition, amendment
33 and/or repeal of any rule or regulation necessary for the implementation
34 of this act on its effective date are authorized to be made and
35 completed on or before such date.
