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 LBD13397-01-1 A. 8658 2 1 and regulations, and shall not be published or in any way disclosed to 2 persons other than the commissioner, unless otherwise authorized by law. 3 (B) THE COMMISSIONER SHALL REQUIRE EVERY SCHOOL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.