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

                                         8658

                              2011-2012 Regular Sessions

                                 I N  A S S E M B L Y

                                   October 14, 2011
                                      ___________

       Introduced  by  M.  of  A.  M. MILLER  --  read once and referred to the
         Committee on Education

       AN ACT to amend the education  law,  in  relation  to  requiring  school
         districts  to  subject  prospective  volunteers  to fingerprinting and
         background checks prior to commencing work at such school district

         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:

    1    Section  1.  Subdivision  1  of  section 3035 of the education law, as
    2  amended by chapter 630 of the laws  of  2006,  is  amended  to  read  as
    3  follows:
    4    1.  (A)  The  commissioner  shall  submit  to the division of criminal
    5  justice services two sets of fingerprints of  prospective  employees  as
    6  defined  in  subdivision  three of section eleven hundred twenty-five of
    7  this chapter OR PROSPECTIVE VOLUNTEERS AS DEFINED IN SUBDIVISION FOUR OF
    8  SECTION ELEVEN HUNDRED TWENTY-FIVE  OF  THIS  CHAPTER  received  from  a
    9  school  district,  charter  school  or  board of cooperative educational
   10  services and of prospective employees OR PROSPECTIVE VOLUNTEERS received
   11  from nonpublic and private elementary and secondary schools pursuant  to
   12  title two of this chapter, and the division of criminal justice services
   13  processing  fee imposed pursuant to subdivision eight-a of section eight
   14  hundred thirty-seven of the executive law and any  fee  imposed  by  the
   15  federal  bureau  of  investigation.  The  division  of  criminal justice
   16  services and the federal bureau  of  investigation  shall  forward  such
   17  criminal  history record to the commissioner in a timely manner. For the
   18  purposes of this section, the term "criminal history record" shall  mean
   19  a  record  of all convictions of crimes and any pending criminal charges
   20  maintained on an individual by the division of criminal justice services
   21  and the federal bureau  of  investigation.  All  such  criminal  history
   22  records  sent  to the commissioner pursuant to this subdivision shall be
   23  confidential pursuant to the applicable federal and  state  laws,  rules

        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD13397-01-1

 A. 8658                             2

    1  and  regulations,  and shall not be published or in any way disclosed to
    2  persons other than the commissioner, unless otherwise authorized by law.
    3    (B)  THE  COMMISSIONER  SHALL  REQUIRE  EVERY SCHOOL DISTRICT, CHARTER
    4  SCHOOL OR BOARD OF COOPERATIVE EDUCATIONAL SERVICES TO  SUBMIT  A  FORM,
    5  WHICH SHALL BE PRESCRIBED AND FURNISHED BY THE COMMISSIONER, WHICH SHALL
    6  INCLUDE  A SWORN STATEMENT CERTIFYING THAT SUCH SCHOOL DISTRICT, CHARTER
    7  SCHOOL OR BOARD OF COOPERATIVE EDUCATIONAL SERVICES CONFIRMED THAT  SUCH
    8  PROSPECTIVE  VOLUNTEER  IS NOT LISTED ON THE STATE SEX OFFENDER REGISTRY
    9  PURSUANT TO ARTICLE SIX-C OF THE CORRECTION LAW PRIOR TO  THE  DAY  SUCH
   10  VOLUNTEER  COMMENCES  WORK  AT  SUCH  SCHOOL DISTRICT, CHARTER SCHOOL OR
   11  BOARD OF COOPERATIVE EDUCATIONAL SERVICES.
   12    S 2. This act shall take effect on the first of July  next  succeeding
   13  the date on which it shall have become a law.