Requires nonpublic and private elementary and secondary schools to require their prospective employees to submit fingerprints through the commissioner of education for the purpose of criminal background checks; authorizes conditional appointment of employees by such schools pending determination of the criminal background check.
STATE OF NEW YORK
________________________________________________________________________
S. 3335 A. 4652
2019-2020 Regular Sessions
SENATE - ASSEMBLY
February 5, 2019
___________
IN SENATE -- Introduced by Sen. KAMINSKY -- read twice and ordered
printed, and when printed to be committed to the Committee on Educa-
tion
IN ASSEMBLY -- Introduced by M. of A. ROZIC -- read once and referred to
the Committee on Education
AN ACT to amend the education law, in relation to requiring nonpublic
and private elementary and secondary schools to apply to the commis-
sioner of education for criminal history record checks on prospective
employees
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Paragraph (a) of subdivision 30 of section 305 of the
2 education law, as amended by chapter 630 of the laws of 2006, is amended
3 to read as follows:
4 (a) The commissioner, in cooperation with the division of criminal
5 justice services and in accordance with all applicable provisions of
6 law, shall promulgate rules and regulations to require the fingerprint-
7 ing of prospective employees, as defined in section eleven hundred twen-
8 ty-five of this chapter, of school districts, charter schools and boards
9 of cooperative educational services and [authorizing] requiring the
10 fingerprinting of prospective employees of nonpublic and private elemen-
11 tary and secondary schools, and for the use of information derived from
12 searches of the records of the division of criminal justice services and
13 the federal bureau of investigation based on the use of such finger-
14 prints. The commissioner shall also develop a form for use by school
15 districts, charter schools, boards of cooperative educational services,
16 and nonpublic and private elementary and secondary schools in connection
17 with the submission of fingerprints that contains the specific job title
18 sought and any other information that may be relevant to consideration
19 of the applicant. The commissioner shall also establish a form for the
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD05085-01-9
S. 3335 2 A. 4652
1 recordation of allegations of child abuse in an educational setting, as
2 required pursuant to section eleven hundred twenty-six of this chapter.
3 No person who has been fingerprinted pursuant to section three thousand
4 four-b of this chapter or pursuant to section five hundred nine-cc or
5 twelve hundred twenty-nine-d of the vehicle and traffic law and whose
6 fingerprints remain on file with the division of criminal justice
7 services shall be required to undergo fingerprinting for purposes of a
8 new criminal history record check. This subdivision and the rules and
9 regulations promulgated pursuant thereto shall not apply to a school
10 district within a city with a population of one million or more.
11 § 2. The opening paragraph and subparagraph (i) of paragraph (b) of
12 subdivision 30 of section 305 of the education law, as amended by chap-
13 ter 630 of the laws of 2006, are amended to read as follows:
14 The commissioner, in cooperation with the division of criminal justice
15 services, shall promulgate a form to be provided to all such prospective
16 employees of school districts, charter schools, boards of cooperative
17 educational services, and nonpublic and private elementary and secondary
18 schools [that elect to fingerprint and seek clearance for prospective
19 employees] that shall:
20 (i) inform the prospective employee that the commissioner is required
21 [or authorized] to request his or her criminal history information from
22 the division of criminal justice services and the federal bureau of
23 investigation and review such information pursuant to this section, and
24 provide a description of the manner in which his or her fingerprint
25 cards will be used upon submission to the division of criminal justice
26 services;
27 § 3. Paragraph (d) of subdivision 30 of section 305 of the education
28 law, as amended by chapter 630 of the laws of 2006, is amended to read
29 as follows:
30 (d) The commissioner shall develop forms to be provided to all school
31 districts, charter schools, boards of cooperative educational services,
32 and [to] all nonpublic and private elementary and secondary schools
33 [that elect to fingerprint their prospective employees], to be completed
34 and signed by prospective employees when conditional appointment or
35 emergency conditional appointment is offered.
36 § 4. Subdivision 20 of section 2590-h of the education law, as amended
37 by chapter 345 of the laws of 2009, is amended to read as follows:
38 20. Ensure compliance with qualifications established for all person-
39 nel employed in the city district, including requiring the taking of
40 fingerprints as a prerequisite for licensure and/or employment of such
41 personnel. Every set of fingerprints taken pursuant to this subdivision
42 shall be promptly submitted to the division of criminal justice services
43 where it shall be appropriately processed. Furthermore, the division of
44 criminal justice services is authorized to submit the fingerprints to
45 the federal bureau of investigation for a national criminal history
46 record check.
47 § 5. Subdivision 20 of section 2590-h of the education law, as amended
48 by chapter 100 of the laws of 2003, is amended to read as follows:
49 20. Ensure compliance with qualifications established for all person-
50 nel employed in the city district, including requiring the taking of
51 fingerprints as a prerequisite for licensure and/or employment of such
52 personnel. Every set of fingerprints taken pursuant to this subdivision
53 shall be promptly submitted to the division of criminal justice services
54 where it shall be appropriately processed. Furthermore, the division of
55 criminal justice services is authorized to submit the fingerprints to
S. 3335 3 A. 4652
1 the federal bureau of investigation for a national criminal history
2 record check.
3 § 6. Subdivisions 1, 2 and 3 of section 3001-d of the education law,
4 as added by chapter 630 of the laws of 2006, are amended to read as
5 follows:
6 1. a. "Employee" shall mean any prospective employee of a nonpublic or
7 private elementary or secondary school [which requires the fingerprint-
8 ing of prospective employees pursuant to this section], or employee of a
9 contracted service provider or worker placed within such school under a
10 public assistance employment program, pursuant to title nine-B of arti-
11 cle five of the social services law, and consistent with the provisions
12 of such title for the provision of services to such school, its students
13 or employees, directly or through contract, whereby such services
14 performed by such person involve direct student contact. [Any] Every
15 nonpublic or private elementary or secondary school [which elects to]
16 shall submit for review criminal history information concerning prospec-
17 tive employees [must do so with respect to each such prospective employ-
18 ee], as defined in this paragraph, in accordance with this section.
19 b. "Volunteer" shall mean any person, other than an employee, who
20 provides services to a nonpublic or private elementary or secondary
21 school [which elects to require the fingerprinting of prospective
22 employees pursuant to this section], which involve direct student
23 contact.
24 2. [Any] Every nonpublic or private elementary or secondary school
25 [may] shall require, for the purposes of a criminal history record
26 check, the fingerprinting of all prospective employees pursuant to
27 section three thousand thirty-five of this article, who do not hold
28 valid clearance pursuant to such section or pursuant to section three
29 thousand four-b of this article or section five hundred nine-cc or
30 twelve hundred twenty-nine-d of the vehicle and traffic law. Prior to
31 initiating the fingerprinting process, the prospective employer shall
32 furnish the applicant 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 record search.
35 Every set of fingerprints taken pursuant to this section shall be
36 promptly submitted to the commissioner for the purposes of clearance for
37 employment.
38 3. (a) Any nonpublic or private elementary or secondary school may
39 conditionally appoint a prospective employee. A request for conditional
40 clearance [may] shall be forwarded to the commissioner along with the
41 prospective employee's fingerprints. Such appointment may be delayed
42 until notification by the commissioner that the prospective employee has
43 been conditionally cleared for employment and shall terminate when the
44 prospective employer is notified of a determination by the commissioner
45 to grant or deny clearance, provided that if clearance is granted, the
46 appointment shall continue and the conditional status shall be removed.
47 Prior to commencement of such conditional appointment, the prospective
48 employer shall obtain a signed statement for conditional appointment
49 from the prospective employee, indicating whether, to the best of his or
50 her knowledge, he or she has a pending criminal charge or criminal
51 conviction in any jurisdiction outside the state.
52 (b) Any nonpublic or private elementary or secondary school may make
53 an emergency conditional appointment when an unforeseen emergency vacan-
54 cy has occurred. When such appointment is made, the process for condi-
55 tional appointment pursuant to paragraph (a) of this subdivision [may]
56 shall also be initiated. Emergency conditional appointment may commence
S. 3335 4 A. 4652
1 prior to notification from the commissioner on conditional clearance and
2 shall terminate when the prospective employer is notified by the commis-
3 sioner regarding conditional clearance, provided that if conditional
4 clearance is granted, the appointment may continue as a conditional
5 appointment. Prior to the commencement of such appointment, the
6 prospective employer must obtain a signed statement for emergency condi-
7 tional appointment from the prospective employee, indicating whether, to
8 the best of his or her knowledge, he or she has a pending criminal
9 charge or criminal conviction in any jurisdiction. An "unforeseen emer-
10 gency vacancy" shall be defined as: (i) a vacancy that occurred less
11 than ten business days before the start of any school session, including
12 summer school, or during any school session, including summer school,
13 without sufficient notice to allow for clearance or conditional clear-
14 ance; (ii) when no other qualified person is available to fill the
15 vacancy temporarily; and (iii) when emergency conditional appointment is
16 necessary to maintain services which the school is legally required to
17 provide or services necessary to protect the health, education or safety
18 of students or staff.
19 (c) Each nonpublic or private elementary or secondary school[, which
20 elects to fingerprint prospective employees pursuant to subdivision two
21 of this section,] shall develop a policy for the safety of the children
22 who have contact with an employee holding conditional appointment or
23 emergency conditional appointment.
24 § 7. This act shall take effect immediately; provided that the amend-
25 ments to paragraph (d) of subdivision 30 of section 305 of the education
26 law made by section three of this act shall not affect the expiration
27 and repeal of such paragraph and shall expire and be deemed repealed
28 therewith; provided further, however, that the amendments to subdivision
29 20 of section 2590-h of the education law made by section four of this
30 act shall not affect the expiration and repeal of such section and shall
31 expire therewith, when upon such date section five of this act shall
32 take effect.
