Provides that certain prospective employees of the department of education have a criminal background check conducted on them.
Ayes (63): Adams, Addabbo, Avella, Ball, Bonacic, Boyle, Breslin, Carlucci, DeFrancisco, Diaz, Dilan, Espaillat, Farley, Felder, Flanagan, Fuschillo, Gallivan, Gianaris, Gipson, Golden, Griffo, Grisanti, Hannon, Hassell-Thomps, Hoylman, Kennedy, Klein, Krueger, Lanza, Larkin, Latimer, LaValle, Libous, Little, Marcellino, Marchione, Martins, Maziarz, Montgomery, Nozzolio, O'Brien, O'Mara, Parker, Peralta, Perkins, Ranzenhofer, Ritchie, Rivera, Robach, Sampson, Sanders, Savino, Serrano, Seward, Skelos, Smith, Squadron, Stavisky, Stewart-Cousin, Tkaczyk, Valesky, Young, Zeldin
TITLE OF BILL: An act to amend the education law, in relation to criminal background checks of certain prospective employees
PURPOSE: To provide administrative relief to the New York State Education Department, and prospective employees in processing fingerprints for bus drivers.
SUMMARY OF PROVISIONS:
Section 1: Amends section 3035 of the education law by adding a new subdivision 3-b.
Section 2: Sets forth an immediate effective date.
EXISTING LAW: None.
JUSTIFICATION: Recent years have confronted school districts with unprecedented fiscal challenges. While the economic outlook for the state is steadily improving, it is a legislative priority to provide as much flexibility as possible to school districts to enable them to provide the high quality education we have come to expect for our students. While there are many requirements imposed on school districts that provide educational value, others continue to constrain the creativity of a district to provide services to students and relief to taxpayers.
This bill eliminates duplicative fingerprinting of school bus drivers. Currently, school bus drivers are required to receive clearance from the Department of Motor Vehicles pursuant to section 509-cc of the Vehicle and Traffic law. They are also required to provide a second set of fingerprints to the State Education Department. This bill authorizes the Department of Motor Vehicles to provide such criminal history to the Commissioner of Education, relieving a duplicative administrative burden. This bill provides further authorization to the Division of Criminal Justice to provide subsequent criminal history notifications directly to the Commissioner of Education upon notification that a prospective employee has been cleared for employment.
LEGISLATIVE HISTORY: New bill.
FISCAL IMPLICATIONS: Potential savings to the New York State Education Department.
EFFECTIVE DATE: Immediately.
STATE OF NEW YORK ________________________________________________________________________ 5356 2013-2014 Regular Sessions IN SENATE May 16, 2013 ___________Introduced by Sens. FLANAGAN, FELDER -- 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 criminal background checks of certain prospective employees THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 3035 of the education law is amended by adding a new subdivision 3-b to read as follows: 3-B. UPON REQUEST FROM A PROSPECTIVE EMPLOYEE WHO HAS BEEN CLEARED BY THE COMMISSIONER OF MOTOR VEHICLES PURSUANT TO SECTION FIVE HUNDRED NINE-CC OR SECTION TWELVE HUNDRED TWENTY-NINE-D OF THE VEHICLE AND TRAF- FIC LAW, THE DEPARTMENT OF MOTOR VEHICLES SHALL BE AUTHORIZED TO FORWARD A COPY OF SUCH INDIVIDUAL'S CRIMINAL HISTORY RECORD AND SUCH INDIVID- UAL'S FINGERPRINTS TO THE COMMISSIONER FOR PURPOSES OF CONDUCTING A CRIMINAL HISTORY RECORD CHECK PURSUANT TO THIS SECTION. FURTHERMORE, UPON NOTIFICATION THAT SUCH PROSPECTIVE EMPLOYEE HAS BEEN CLEARED FOR EMPLOYMENT BY THE COMMISSIONER PURSUANT TO THIS SECTION, THE DIVISION OF CRIMINAL JUSTICE SERVICES SHALL HAVE THE AUTHORITY TO PROVIDE SUBSEQUENT CRIMINAL HISTORY NOTIFICATIONS DIRECTLY TO THE COMMISSIONER. S 2. This act shall take effect immediately.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD11066-01-3