Bill S5556A-2013

Relates to requiring the fingerprinting of prospective employees of approved private special education schools; makes permanent certain provisions

Relates to requiring the fingerprinting of prospective employees of approved private special education schools; phases in a requirement that all fingerprints submitted by prospective employees and applicants for certification be electronically submitted; authorizes boards of cooperative educational services to conduct fingerprinting for non-component districts, special education schools, and applicants for certification; strengthens identification verification practices at fingerprinting sites for the purpose of conducting criminal history record checks and enhances existing statutory mechanisms to expedite the removal of persons who commit fingerprint fraud; makes permanent certain provisions.

Details

Actions

  • Jun 20, 2014: RECOMMITTED TO RULES
  • Jun 11, 2014: ORDERED TO THIRD READING CAL.1332
  • Jun 11, 2014: COMMITTEE DISCHARGED AND COMMITTED TO RULES
  • Jan 8, 2014: REFERRED TO EDUCATION
  • Jan 8, 2014: returned to senate
  • Jan 8, 2014: died in assembly
  • Jun 18, 2013: referred to education
  • Jun 18, 2013: DELIVERED TO ASSEMBLY
  • Jun 18, 2013: PASSED SENATE
  • Jun 18, 2013: ORDERED TO THIRD READING CAL.1457
  • Jun 18, 2013: COMMITTEE DISCHARGED AND COMMITTED TO RULES
  • Jun 10, 2013: PRINT NUMBER 5556A
  • Jun 10, 2013: AMEND AND RECOMMIT TO EDUCATION
  • May 20, 2013: REFERRED TO EDUCATION

Meetings

Calendars

Votes

Memo

BILL NUMBER:S5556A

TITLE OF BILL: An act to amend the education law, in relation to requiring the fingerprinting of prospective employees of approved private special education schools, phasing-in a requirement that all fingerprints submitted by prospective employees and applicants for certification be electronically submitted, authorizing boards of cooperative educational services to conduct fingerprinting for non-component districts, special education schools, and applicants for certification, strengthening identification verification practices at fingerprinting sites for the purpose of conducting criminal history record checks and enhancing existing statutory mechanisms to expedite the removal of persons who commit fingerprint fraud; and to amend chapter 147 of the laws of 2001, amending the education law relating to conditional appointment of school district, charter school or BOCES employees, in relation to making permanent certain provisions relating to conditional clearances for employment

Purpose of the bill: This bill would protect the health and safety of students with disabilities who attend various special education schools in settings outside of a public school district or board of cooperative educational services (BOCES) by requiring fingerprinting and criminal history record checks of prospective employees of these schools on the same basis as prospective employees of school districts, charter schools and BOCES.

The bill also expands access to fingerprinting sites by authorizing BOCES to conduct fingerprinting for non-component districts, special education schools, charter schools and applicants for certification. It also better ensures fingerprint security and integrity by phasing in a requirement that all fingerprints be electronically submitted to the Department. By requiring electronic fingerprinting, the Department would better reduce the opportunity for tampering because electronic fingerprints are transmitted automatically to the Department via a secure server, whereas "ink and roll" fingerprints are mailed. It also establishes minimum standards and procedures to be followed at fingerprint sites to strengthen identification verification best practices at such sites.

Further, the bill would amend the provisions of Article 23-B of the Education Law relating to reporting, investigation or identification of child abuse by persons in an educational setting to clarify that these provisions apply to non-residential special education schools and programs, but not to residential schools and programs already subject to child abuse and neglect reporting under Title 6 of the Social Services Law.

Finally, the bill enhances existing statutory and regulatory mechanisms to expedite removal of persons who commit fingerprint fraud by allowing an employee to be suspended without pay if he/she is convicted of a felony crime involving the submission of false information, or the commission of fraud, related to a criminal history record check.

Summary of the provisions of the bill:

Section 1 of the bill would amend paragraphs a and b of subdivision 30 of section 305 of the Education Law to make the provisions that require the Commissioner of Education, to promulgate regulations for fingerprinting prospective employees and develop forms relating to fingerprinting and notices to employees applicable to prospective employees of special education schools. These regulations would not apply to special education schools located within the City of New York, which fingerprints employees of special education schools that contract with the New York City School District. This section and sections 9 through 12, 14, 15, 17 and 18 would amend Education Law 1604(39)(a), 1790(39)(a), 1804(9)(a), 1950(4)(a), 2503(18)(a), 2554(25)(a), 2854(3)(a-2)(i) and 3004-b(1) to require prospective employees and applicants for certification to be fingerprinted by authorized personnel at designated fingerprinting entities approved by the department, using electronic scanning. It also requires the Commissioner to establish minimum standards and procedures for identification verification to be followed at fingerprinting sites, including a requirement that the prospective employee show two forms of identification to authorized personnel, one of which shall be an official government issued photo identification. The prospective employee must then sign a sworn statement verifying his/her identity and the authorized personnel must sign an affidavit, on a form prescribed by the Commissioner, attesting that he/she verified the photo identification presented and witnessed the employee's signature. The bill would require these records to be retained as business records as defined in subdivision two of section 175.00 of the Penal Law for the duration of the individual's employment in a manner prescribed by the Commissioner.

Section 2 of the bill would amend subparagraph (vii) of paragraph c of subdivision 30 of section 305 of the Education Law to make the provision requiring that an employee's fingerprinting records be destroyed 12 months after termination if the individual is not employed by another public school also apply to employees of special education schools and re-employment in such schools.

Section 3 of the bill would amend paragraph d of subdivision 30 of section 305 to make the provision that requires the Commissioner to develop forms to be completed by prospective employees when conditional appointments or emergency conditional appointments are made also apply to special education schools.

Section 4 of the bill would add a new paragraph (f) to subdivision 30 of section 305 of the Education Law to define a "special education school" as a state school operated pursuant to Article 87 or 88 of the Education Law (i.e., the State School for the Blind at Batavia and the State School for the Deaf at Rome); a state-supported school operated pursuant to Article 85 of the Education Law (i.e., a "4201 school"); an approved private non-residential or residential school for students with disabilities located within the state (i.e., a "Chapter 853 school"); or an approved provider of preschool special education services or programs (i.e., "4410 providers"). This term would not include a school or facility operated or licensed by another state agency unless the school or facility is also an approved private school for students with disabilities or an approved preschool provider.

Section 5 of the bill would amend subdivisions 3, 4, 5 and 6 of section 1125 of the Education Law to include non-residential special education schools or programs within the definitions of "employee", "volunteer" and "administrator" for the purposes of Article 23-B of the Education Law relating to reporting, investigation or identification of child abuse by persons in an educational setting. The bill would define "non-residential special education school or program" as a non-residential state-supported school operated pursuant to article 85 and an approved non-residential private school or preschool for the education of students with disabilities. The bill also would amend the definition of "educational setting" to include non-residential special education schools or programs, and exclude residential schools subject to mandatory reporting to the Statewide Central Register of Child Abuse and Maltreatment pursuant to Title 6 of the Social Services Law.

Section 6 of the bill would amend subdivision 2 of section 1126 of the Education Law to require that reports of child abuse by an employee or volunteer of a non-residential special education school be forwarded to the administrator of the school. The administrator of a nonresidential special education school or program would be responsible for compliance with the provisions of Article 23-B.

Section 7 of the bill would amend section 1128-a of the Education Law to clarify that where a school administrator or a superintendent of schools forwards a report prepared pursuant to section 1126 of the Education Law to law enforcement, the report must also be submitted to the Commissioner of Education if the employee or volunteer alleged to have committed an act of child abuse holds a certification or license issued by the department.

Section 8 would amend section 1133 of the Education Law to provide immunity to any administrator who reasonably and in good faith reports to law enforcement officials information regarding allegations of child abuse.

Section 13 of the bill would add a new paragraph oo to subdivision 4 of section 1950 of the Education Law to allow BOCES to process fingerprints to be utilized in criminal history record checks for prospective employees of nonpublic elementary and secondary schools, special education schools, non-component school districts and charter schools and for applicants for teacher certification and for applicants for a charter as a charter school. These services must be provided at cost and the BOCES shall not be authorized to charge any costs incurred in providing such services to its component school districts.

Section 16 and 16-a of the bill would amend subdivision 20 of section 2590-h of the Education law to clarify that the Chancellor is responsible for taking the fingerprints for licensure and/or employment of personnel employed by a special education school that contracts with the City School District of the City of New York.

Section 19 of the bill would amend paragraph b of subdivision 2 of section 3020-a of the education law to allow an employee to be suspended without pay if he/she is convicted of a felony crime

involving the submission of false information, or the commission of fraud, related to a criminal history record check.

Section 20 of the bill would amend subdivision 1 of section 3035 of the Education Law to make the provision that requires the Commissioner to submit fingerprints to the Division of Criminal Justice Services (DCJS) with required processing fees and requires DCJS to submit the fingerprints to the Federal Bureau of Investigation (FBI) for a criminal records check also applicable to a special education school, except a special education school located within the City of New York. It would also only require the Commissioner to submit one set of fingerprints, instead of two sets of fingerprints, except where otherwise necessary.

Section 21 of the bill would amend subdivisions 3 and 3-a of section 3035 of the Education Law to make the existing procedures for conditional clearances and emergency conditional clearances apply to special education schools, and would apply the due process procedures established by section .50 of the Civil Service Law to prospective employees of state schools under Article 87 and 88. The bill also would amend subdivision 3-a of section 3035 to authorize the City of New York and the Commissioner to share criminal history record information on employees of special education schools, and authorize the Division of Criminal Justice Services to provide subsequent criminal history to the Commissioner for employees of special education schools located outside New York City and to the City of New York for special education schools that contract with the New York City School District.

Section 22 of the bill would amend paragraph i of subdivision a of section 4212 of the Education Law to require that applicants for employment by 4201 schools be fingerprinted in accordance with subdivision (d) of such section.

Section 23 of the bill would add a new subdivision (d) to section 4212 of the Education Law to require fingerprinting of all prospective employees of 4201 schools unless they have received clearance for employment pursuant to sections 3035 or 3004-b of the Education Law (i.e., through a public school or teacher certification) or section 599-cc or 1209-d of the Vehicle and Traffic Law (school bus drivers and attendants) or by the City of New York pursuant to local law. The new subdivision also would authorize the Commissioner to provide subsequent criminal history notifications to the schools. The new subdivision would authorize conditional appointments and emergency conditional appointments of prospective employees of such schools to the same extent and under the same conditions as a board of education of a union free school district pursuant to Education Law § 1709(39).

Sections 24 and 25 of the bill would amend paragraph (i) of subdivision (a) of section 4314 of the education law and add a new subdivision (d) to section 4314 of the Education Law to require fingerprinting of all prospective employees of the State School for the Blind at Batavia unless they have received clearance for employment pursuant to sections 3035 or 3004-b of the Education Law (i.e., through a public school or teacher certification) or section 599-cc or 1209-d of the Vehicle and Traffic Law (school bus drivers and attendants) or by the City of New York pursuant to local law. The

new subdivision also would authorize conditional appointments and emergency conditional appointments of prospective employees of such schools to the same extent and under the same conditions as a board of education of a union free school district pursuant to Education Law 1709(39).

Sections 26 of the bill would amend paragraph i of subdivision a of section 4358 of the Education Law to require that applicants for employment by the State School for the Deaf at Rome be fingerprinted in accordance with subdivision (d) of such section.

Section 27 of the bill would add a new subdivision (d) to section 4358 of the Education Law to require fingerprinting of all prospective employees of the State School for the Deaf at Rome unless they have received clearance for employment pursuant to sections 3035 or 3004-b of the Education Law (i.e., through a public school or teacher certification) or section 599-cc or 1209-d of the Vehicle and Traffic Law (school bus drivers and attendants) or by the City of New York pursuant to local law. The new subdivision also would authorize conditional appointments and emergency conditional appointments of prospective employees of this school to the same extent and under the same conditions as a board of education of a union free school district pursuant to Education Law § 1709(39).

Section 28 of the bill would amend paragraph a of subdivision 11 of section 4403 of the Education Law to require that applicants for employment by Chapter 853 schools be fingerprinted in accordance with subdivision 23 of such section.

Section 29 of the bill would add a new subdivision 21 to section 4403 of the Education Law to require fingerprinting of all prospective employees of Chapter 853 schools unless they have received clearance for employment pursuant to sections 3035 or 3004-b of the Education Law (i e., through a public school or teacher certification) or section .599-cc or 1209-d of the Vehicle and Traffic Law (school bus drivers and attendants) or by the City of New York pursuant to local law. The new subdivision also would authorize the Commissioner to provide subsequent criminal history notifications to the schools. The new subdivision would authorize conditional appointments and emergency conditional appointments of prospective employees of such schools to the same extent and under the same conditions as a board of education of a union free school district pursuant to Education Law § 1709(39). The new subdivision also would clarify that it does not apply to an approved July and August program under Education Law section 4408 that is operated by a school district or BOCES.

Section 30 of the bill would add a new subdivision 9-e to section 4410 of the Education Law to require fingerprinting of all prospective employees of 4410 providers unless they have received clearance for employment pursuant to sections 3035 or 3004-b of the Education Law (i.e., through a public school or teacher certification) or section and attendants), or a valid clearance issued by the City of New York pursuant to local law. The new subdivision also would clarify that individual related service providers are responsible for submitting their own fingerprints prior to their inclusion on a list of related service providers maintained by the municipality or board of education pursuant to subdivision (9)(c) of section 4410). The new subdivision

would authorize the Commissioner to provide subsequent criminal history notifications for its employees to the approved providers or to the City School District of the City of New York. The new subdivision also would authorize conditional appointments and emergency conditional appointments of prospective employees of such schools to the same extent and under the same conditions as a board of education of a union free school district pursuant to Education Law 1709(39). The new subdivision would clarify that it does not apply to an approved July and August program under Education Law section 4408 that is operated by a school district or BOCES. Finally, the new subdivision would authorize the Commissioner to provide a copy of an employee's clearance for employment or a denial of clearance to each municipality that employs or has such an individual on a list of related service providers.

Section 31 would amend section 12 of Chapter 147 of the Laws of 2001, to ensure that the amendments made by Chapter 147 will be permanent and not expire.

Section 32 requires the Commissioner of Education, in consultation with the Department of Criminal Justice to conduct a study of the feasibility and desirability of aligning the fingerprinting process used for criminal history record checks for employment in school districts and BOCES and for certification as a teacher or administrator, to the statewide vendor managed network administered by the Division of Criminal Justice Services. It also requires the Commissioner of Education, in consultation with the Department of Criminal Justice to conduct a study of the feasibility and desirability of establishing a fingerprinting system for the licensure of professionals under Title VIII of the Education Law. This section requires the Commissioner to submit a report to the Board of Regents, the Governor and the Legislature no later than January 15, 2014, with recommendations, including appropriate actions that would need to be taken to align the current fingerprinting process with the statewide system and to estimate costs and/or savings associated with movement to the statewide system.

Section 33 authorizes the Commissioner to promulgate any and all rules and regulations necessary to implement the provisions of this bill.

Section 34 is the effective date of this bill.

Statement in Support of the Bill: Over the past decade, several pieces of legislation have been enacted to require prospective employees in various settings to be fingerprinted for the purpose of conducting criminal history record checks. In each case, the primary purpose of such legislation is either to protect children or other vulnerable populations from exposure to individuals whose criminal records indicate that they may pose a threat to the health and safety of those in their custody or care or with whom they have direct contact, or to protect valuable resources against the risk of theft. Currently, however, there are gaps in the coverage of these criminal history record check requirements and the protections they provide. This bill seeks to address those gaps.

Phasing-In Requirement For Electronic Fingerprints Generally, fingerprints are collected across the state at school districts,

BOCES, colleges and universities, and law enforcement agencies. Fingerprints are received by the Department in two formats: hard cards containing fingerprints that are collected through the "ink and roll" method and mailed, and scanned fingerprint images captured on a scanner and transmitted electronically via a server. All fingerprint images are delivered by the Department to the state DCJS to conduct a state criminal history records check and to forward them to the Federal Bureau of Investigation (FBI) for processing against their criminal record repository.

The Department has taken steps to better ensure the security of fingerprints in recent years by growing the number of fingerprints collected electronically. Approximately 75 percent of fingerprints are collected electronically, which reduces the opportunity for the integrity of fingerprints to be compromised.

While the vast majority of fingerprints received by the Department are transmitted electronically, prospective employees and certificate applicants continue to be able to submit fingerprints on cards using the "ink and roll" method. This bill would phase-in electronic fingerprinting to better reduce the opportunity for tampering because electronic fingerprints are transmitted automatically to the Department via a secure server, whereas "ink and roll" fingerprints are mailed.

Expanding Access to Fingerprinting Sites Through the Use of BOCES The bill would also expand access to fingerprinting sites. Current law limits the ability of BOCES to collect fingerprints to prospective employees of component districts. In order to ensure broad access across the state to electronic fingerprint technology, this bill allows BOCES to process fingerprints to be utilized in criminal history record checks for prospective employees of nonpublic elementary and secondary school, charter schools, special education schools outside of New York and fingerprints for applicants for teacher or administrator certification and for applicants for a charter as a charter school. The bill provides protection to component school districts by requiring such services to be paid at cost and prohibiting the BOCES from charging any costs incurred in providing such services to its component school districts.

While the vast majority of fingerprints received by the Department are transmitted electronically, prospective employees and certificate applicants continue to be able to submit fingerprints on cards using the "ink and roll" method. By requiring electronic fingerprinting, the Department would reduce the opportunity for tampering because electronic fingerprints are transmitted automatically to the Department via a secure server, whereas "ink and roll" fingerprints are mailed

Strengthen Identification Verification Procedures at Fingerprinting Sites Although it is expected that fingerprinting sites around the state verify the identity of the people they fingerprint, there are no minimum standards or procedures that must be followed. This bill establishes minimum standards and procedures, including a requirement that all applicants show at least two recognizable forms of identification at the point of fingerprinting and to authorized personnel, including a picture identification, to verify their

identity and reduce the chance of fingerprint fraud. It requires the prospective employee to sign a sworn statement prepared by the department, on form prescribed by the Commissioner, verifying his/her identity. Authorized personnel will also be required to take a photograph of the prospective employee and affix it to the employee's signed, sworn statement. The authorized personnel will also be required to sign an affidavit, on a form prescribed by the Commissioner, attesting that he or she verified the photo identification and that he/she witnessed the signature and processed the fingerprints in accordance with the law and Commissioner's regulations. We expect that these stringent identification verification requirements will reduce fingerprint fraud, and in turn, promote the safety of the students and faculty of schools across the State.

Expanding Fingerprinting Requirements to Special Education Schools Fingerprinting requirements were imposed on prospective employees of school districts, BOCES and charter schools by Chapter 180 of the Laws of 2000 as part of the Project SAVE initiative. This bill extends the requirement of a criminal history record check to prospective employees of the various types of publicly-funded schools that serve students with disabilities placed by school district committees on special education and committees on preschool special education. The City of New York fingerprints employees of special education schools with which it contracts, but there is no fingerprinting requirement for special education schools located outside the City of New York that do not contract with the New York City School District. Now that school districts, BOCES and charter schools are required to fingerprint applicants for employment, and as more states impose fingerprinting requirements for school employees, leaving special education students unprotected creates a serious risk that individuals convicted of crimes such as sex offenses involving children that would disqualify them from serving in public schools will seek to be employed in schools that serve these students.

Students with disabilities are perhaps the most vulnerable student population of all, and exposing them to the risk of abuse by individuals with criminal histories involving physical or sexual abuse of children is unconscionable.

The existing protections provided to students with disabilities are not adequate. In addition, there is no adequate protection for students with disabilities in non-residential schools. The provisions of Chapter 630 of the Laws of 2006 gave non-public elementary and secondary schools access to fingerprinting on a voluntary basis, but it is not clear whether Chapter 630 was intended to apply to residential and non-residential special education schools. Even if it is applicable, a voluntary provision would not provide adequate protection for students with disabilities.

In recognition of the costs and administrative burdens from imposing fingerprinting requirements, this bill would follow the same measured approach that was adopted for Project SAVE. Fingerprinting would be imposed only prospectively; it would apply to new applicants for employment, not to existing employees. Instead of involving school districts or BOCES in fingerprinting employees of other entities, the bill would make the special education schools responsible for ensuring

that their prospective employees are fingerprinted and granted criminal clearance by the Commissioner of Education. Duplication of fingerprinting requirements would be avoided to the extent practicable. However, there are circumstances under which individuals who are fingerprinted and subjected to a criminal history record check under other laws would not be exempted by this bill because such other laws do not authorize an FBI criminal history record check. For example, this bill would not provide an exemption for individuals employed by approved providers under section 4410 of the Education Law who have been fingerprinted under the provisions of § 390-b of the Social Services Law applicable to day care workers, because there is no provision for an FBI criminal history record check under that statute. Once an individual would be given criminal clearance after having been fingerprinted by a school district pursuant to Education Law § 3035 or after they would have applied for a teaching certificate or would be hired as a school bus driver or school bus attendant, they would not need to be re-fingerprinted. Special education schools located within the City of New York and individuals who are employed by special education schools located outside of the City of New York who receive clearance by the City of New York would also be exempted. With these exceptions, the bill would track the existing requirements for criminal history record checks of prospective school district employees, providing special education school prospective employees the same due process protections as school district prospective employees.

Clarification of the provisions of Article 23-B of the Education Law relating to child abuse in an educational setting as applied to special education schools is also needed. The definition of an "educational setting" in section 1125(5) includes not only a school building or school bus, but also "any other location where direct contact between an employee or volunteer and a child has allegedly occurred." Because the definition of an "employee" in section 1125(3) includes an employee of a contracted service provider where a school district contracts with a special education school to provide services to a student, the literal language of Article 23-B extends to special education schools as contracted service providers. Article 23-B, however, requires superintendents of schools and school district administrators to investigate allegations of child abuse and report them to law enforcement. In the case of a special education school, the superintendent of schools of the school district will not be in the best position to investigate an incident as he or she will not have ready access to the information needed to make a judgment that there is reasonable suspicion that an act of child abuse involving an employee of the special education school has occurred. The special education school may be located many miles from the school district, and the superintendent will have no familiarity with the employees of the special education school and no ability to take swift action against an employee if an allegation is believed to be founded. In the case of a residential special education school, where child abuse or neglect of a child in residential care is already reportable to the Statewide Central Register of Child Abuse and Maltreatment under the provisions of Title 6 of the Social Services Law, there is a severe risk that an independent investigation by a school district would interfere with and potentially compromise an investigation of alleged abuse or neglect by the child protective services unit in the local social services district. Title 6 of the Social Services Law requires

reporting of founded incidents to law enforcement, which makes application of the protections of Article 23-B to a residential special education school unnecessary.

This bill would address these issues by explicitly exempting residential special education schools and programs from the requirements of Article 23-B of the Education Law, while providing greater protection for children by explicitly making the provisions of Article 23-B applicable to non-residential special education schools and programs. Incidents occurring in nonresidential special education schools and programs are not subject to reporting to the Statewide Central Register of Child Abuse and Maltreatment under the provisions of Title 6 of the Social Services Law. Unless Article 23-B applies, there would be a gap in the protection of students with disabilities against child abuse. This bill would ensure that there would be no gap in the protection of these children, while assigning responsibility for compliance with Article 23-B to the school administrator of the special education school, rather than the superintendent of schools of the contracting school district. The school administrator of the non-residential special education school, defined as the chief school officer, is in the best position to quickly investigate and take appropriate action to protect the student when an incident of child abuse occurs. The administrator should be held responsible for investigating and reporting incidents to law enforcement in precisely the same manner as a superintendent of schools is for incidents in a school district school. A school administrator of a non-residential special education school who fails to investigate or report an incident of child abuse to law enforcement ought to be subject to the same criminal sanctions and risk of loss of certification that a superintendent of schools would face in the same circumstance. This bill would protect students with disabilities by placing responsibility for investigating and intervening in cases of child abuse in a non-residential special education school precisely where it belongs-with the chief school officer.

Elimination of Barriers to Removal of Persons Who Commit a Fingerprint Fraud Although there are mechanisms in law to expedite the removal of school district personnel that commit certain crimes, there are no provisions to expeditiously address actions related to fingerprint fraud. This bill provides that an employee may be suspended without pay if an employee has been convicted of a felony crime involving the submission of false information, or the commissioner of fraud, related to a criminal history record check.

Budgetary implications of the bill: The Department will evaluate the costs of implementing new fingerprinting requirements for special education schools and may request additional funding in the 2014-2015 budget to support implementation of these reforms.

Prior legislative history: In 2009, the language relating to special education school fingerprinting language was introduced in the Senate as S.3294. S.3294 was referred to the Senate Education Committee and no further action was taken. An identical bill was introduced in the Assembly as A.6369, and was referred to the Assembly Education Committee. No further action was taken.

In the 2008 and 2007 legislative session the special education school fingerprinting language was introduced as A. 8681 and S.5774. A.8681 was referred to the Assembly Education Committee and no further action was taken. S. 5774 passed the Senate, was referred to the Assembly Education Committee and no further action was taken.

In 2006, a similar bill relating to special education schools was introduced as S.5432, passed the Senate and was referred to the Assembly Education Committee and no further action was taken. Another similar bill, S.4018, was introduced in the Senate, and referred to the Senate Finance Committee. A similar bill, A. 11908, was introduced in the Assembly, referred to the Assembly Education Committee and no further action was taken. Similar bills were also introduced as S. 4985-A for 2003-2004 and A. 10971 for 2004.

Effective date: This act would take effect on the 180th day after it becomes a law. The Commissioner's authority to promulgate any regulations needed to implement the act on the effective date would take effect immediately. The provisions of sections 1 through 4, 18 through 20, and 22 through 28 of this act shall apply to prospective employees of special education schools who are appointed on or after the effective date, to individual providers of preschool related services who are placed on lists maintained by the municipality pursuant to subdivision 9 of section 4410 of the Education Law on and after the effective date. The amendments to subdivision 5 of section 1125 would take effect on the same date and in the same manner as section 1 of Part E of Chapter 501 of the Laws of 2012. The provisions of section 16 of this act would expire and be deemed repealed in accordance with subdivision 12 of section 17 of chapter 345 of the laws of 2009. If sections 1-a, 2, 3 and 4 of Part E of Chapter 501 of the Laws of 2012 shall not have taken effect by the effective date of this act, the amendments to sections 22, 24, 26 and 28 of this bill shall take effect on the same date and in the same manner as the respective sections of Part E of Chapter 501 of the Laws of 2012 takes effect.


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STATE OF NEW YORK ________________________________________________________________________ 5556--A 2013-2014 Regular Sessions IN SENATE May 20, 2013 ___________
Introduced by Sen. FLANAGAN -- (at request of the State Education Department) -- read twice and ordered printed, and when printed to be committed to the Committee on Education -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said commit- tee AN ACT to amend the education law, in relation to requiring the finger- printing of prospective employees of approved private special educa- tion schools, phasing-in a requirement that all fingerprints submitted by prospective employees and applicants for certification be electron- ically submitted, authorizing boards of cooperative educational services to conduct fingerprinting for non-component districts, special education schools, and applicants for certification, strength- ening identification verification practices at fingerprinting sites for the purpose of conducting criminal history record checks and enhancing existing statutory mechanisms to expedite the removal of persons who commit fingerprint fraud; and to amend chapter 147 of the laws of 2001, amending the education law relating to conditional appointment of school district, charter school or BOCES employees, in relation to making permanent certain provisions relating to condi- tional clearances for employment THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Paragraphs (a) and (b) of subdivision 30 of section 305 of the education law, paragraph (a) and the opening paragraph and subpara- graph (i) of paragraph (b) as amended by chapter 630 of the laws of 2006, paragraph (b) as added by chapter 180 of the laws of 2000, are amended to read as follows: (a) The commissioner, in cooperation with the division of criminal justice services and in accordance with all applicable provisions of law, shall promulgate rules and regulations to require the fingerprint- ing of prospective employees, as defined in section eleven hundred twen-
ty-five of this chapter, of school districts, charter schools and boards of cooperative educational services, AND SPECIAL EDUCATION SCHOOLS, and authorizing the fingerprinting of prospective employees of nonpublic and private elementary and secondary schools, and for the use of information derived from searches of the records of the division of criminal justice services and the federal bureau of investigation based on the use of such fingerprints. The commissioner shall also develop a form for use by school districts, charter schools, boards of cooperative educational services, SPECIAL EDUCATION SCHOOLS, and nonpublic and private elementa- ry and secondary schools in connection with the submission of finger- prints that contains the specific job title sought and any other infor- mation that may be relevant to consideration of the applicant. PROSPECTIVE EMPLOYEES, INCLUDING OUT-OF-STATE APPLICANTS TO THE EXTENT PRACTICABLE, SHALL BE FINGERPRINTED BY AUTHORIZED PERSONNEL AT DESIG- NATED FINGERPRINTING ENTITIES APPROVED BY THE DEPARTMENT, USING ELEC- TRONIC SCANNING TECHNOLOGY APPROVED BY THE DEPARTMENT. OUT-OF-STATE PROSPECTIVE EMPLOYEES WHO SUBMIT FINGERPRINT CARDS AND ARE NOT FINGER- PRINTED ELECTRONICALLY PURSUANT TO THE REQUIREMENTS OF THIS PARAGRAPH SHALL BE FINGERPRINTED ELECTRONICALLY PRIOR TO EMPLOYMENT WITHIN THE STATE. IN ADDITION TO THE REQUIREMENTS OF THIS PARAGRAPH, THE COMMIS- SIONER SHALL ESTABLISH MINIMUM STANDARDS AND PROCEDURES FOR IDENTIFICA- TION VERIFICATION TO BE FOLLOWED AT FINGERPRINTING SITES, WHICH SHALL INCLUDE THE REQUIREMENTS OF THIS SECTION IN REGULATIONS OF THE COMMIS- SIONER. PRIOR TO INITIATING THE FINGERPRINTING PROCESS AND IN THE PRES- ENCE OF AUTHORIZED PERSONNEL, A PROSPECTIVE EMPLOYEE SHALL SIGN A SWORN STATEMENT PREPARED BY THE DEPARTMENT VERIFYING THE PROSPECTIVE EMPLOY- EE'S IDENTITY AND PRESENT TWO FORMS OF IDENTIFICATION, ONE OF WHICH SHALL BE AN OFFICIAL GOVERNMENT ISSUED PHOTO IDENTIFICATION CAPABLE OF BEING VERIFIED. A PHOTOGRAPH OF THE PROSPECTIVE EMPLOYEE SHALL BE TAKEN BY AUTHORIZED PERSONNEL AND AFFIXED TO THE PROSPECTIVE EMPLOYEE'S SIGNED, SWORN STATEMENT. UPON COMPLETION OF THE FINGERPRINTING PROCESS, THE AUTHORIZED PERSONNEL SHALL SIGN AN AFFIDAVIT, ON A FORM PRESCRIBED BY THE COMMISSIONER, ATTESTING THAT HE OR SHE VERIFIED THE PHOTO IDEN- TIFICATION PRESENTED, WITNESSED THE SIGNATURE AND PROCESSED THE FINGER- PRINTS IN ACCORDANCE WITH THIS CHAPTER AND THE RULES AND REGULATIONS OF THE DEPARTMENT. THESE RECORDS SHALL BE RETAINED AS BUSINESS RECORDS AS DEFINED IN SUBDIVISION TWO OF SECTION 175.00 OF THE PENAL LAW FOR THE DURATION OF THE INDIVIDUAL'S EMPLOYMENT IN A MANNER PRESCRIBED BY THE COMMISSIONER. The commissioner shall also establish a form for the recordation of allegations of child abuse in an educational setting, as required pursuant to section eleven hundred twenty-six of this chapter. No person who has been fingerprinted pursuant to section three thousand four-b of this chapter or pursuant to section five hundred nine-cc or twelve hundred twenty-nine-d of the vehicle and traffic law and whose fingerprints remain on file with the division of criminal justice services shall be required to undergo fingerprinting for purposes of a new criminal history record check. This subdivision and the rules and regulations promulgated pursuant thereto shall not apply to a school district within a city with a population of one million or more, OR TO SPECIAL EDUCATION SCHOOLS LOCATED WITHIN SUCH CITY. (b) The commissioner, in cooperation with the division of criminal justice services, shall promulgate a form to be provided to all such prospective employees of school districts, charter schools, boards of cooperative educational services, SPECIAL EDUCATION SCHOOLS and nonpub- lic and private elementary and secondary schools that elect to finger- print and seek clearance for prospective employees that shall:
(i) inform the prospective employee that the commissioner is required or authorized to request his or her criminal history information from the division of criminal justice services and the federal bureau of investigation and review such information pursuant to this section, and provide a description of the manner in which his or her [fingerprint cards] FINGERPRINTS will be TAKEN AND used upon submission to the divi- sion of criminal justice services; (ii) inform the prospective employee that he or she has the right to obtain, review and seek correction of his or her criminal history infor- mation pursuant to regulations and procedures established by the divi- sion of criminal justice services. S 2. Subparagraph (vii) of paragraph (c) of subdivision 30 of section 305 of the education law, as amended by chapter 630 of the laws of 2006, is amended to read as follows: (vii) been informed that in the event his or her employment is termi- nated and such person has not become employed in the same or another school district, charter school, board of cooperative educational services, SPECIAL EDUCATION SCHOOL or nonpublic or private elementary or secondary school within twelve-months of such termination, the commis- sioner shall notify the division of criminal justice services of such termination, and the division of criminal justice services shall destroy the fingerprints of such person. Such person may request that the commissioner notify the division of criminal justice services that his or her fingerprints shall be destroyed prior to the expiration of such twelve month period in which case the commissioner shall notify the division of criminal justice services and the division shall destroy the fingerprints of such person promptly upon receipt of the request; and S 3. Paragraph (d) of subdivision 30 of section 305 of the education law, as amended by chapter 630 of the laws of 2006, is amended to read as follows: (d) The commissioner shall develop forms to be provided to all school districts, charter schools, boards of cooperative educational services, SPECIAL EDUCATION SCHOOLS and to all nonpublic and private elementary and secondary schools that elect to fingerprint their prospective employees, to be completed and signed by prospective employees when conditional appointment or emergency conditional appointment is offered. S 4. Subdivision 30 of section 305 of the education law is amended by adding a new paragraph (f) to read as follows: (F) AS USED IN THIS SECTION AND SECTION THREE THOUSAND THIRTY-FIVE OF THIS CHAPTER, "SPECIAL EDUCATION SCHOOL" SHALL MEAN A STATE SCHOOL OPER- ATED PURSUANT TO ARTICLE EIGHTY-SEVEN OR EIGHTY-EIGHT OF THIS CHAPTER, A STATE-SUPPORTED SCHOOL OPERATED PURSUANT TO ARTICLE EIGHTY-FIVE OF THIS CHAPTER, AN APPROVED PRIVATE NON-RESIDENTIAL OR RESIDENTIAL SCHOOL FOR THE EDUCATION OF STUDENTS WITH DISABILITIES THAT IS LOCATED WITHIN THE STATE, OR AN APPROVED PROVIDER OF PRESCHOOL SPECIAL EDUCATION SERVICES OR PROGRAMS THAT IS LOCATED WITHIN THE STATE; PROVIDED THAT SUCH TERM SHALL NOT APPLY TO A SCHOOL OR FACILITY OPERATED OR LICENSED BY A STATE AGENCY OTHER THAN THE DEPARTMENT, UNLESS SUCH SCHOOL OR FACILITY IS ALSO AN APPROVED PRIVATE SCHOOL FOR STUDENTS WITH DISABILITIES OR AN APPROVED PROVIDER UNDER SECTION FORTY-FOUR HUNDRED TEN OF THIS CHAPTER. S 5. Subdivisions 3, 4, 5 and 6 of section 1125 of the education law, subdivisions 3, 4 and 6 as added by chapter 180 of the laws of 2000 and subdivision 5 as amended by section 1 of part E of chapter 501 of the laws of 2012, are amended and a new subdivision 10 is added to read as follows:
3. "Employee" shall mean any person receiving compensation from a school district, NON-RESIDENTIAL SPECIAL EDUCATION SCHOOL OR PROGRAM, or employee of a contracted service provider or worker placed within the school under a public assistance employment program, pursuant to title nine-B of article five of the social services law, and consistent with the provisions of such title for the provision of services to such district, its students or employees, directly or through contract, whereby such services performed by such person involve direct student contact. 4. "Volunteer" shall mean any person, other than an employee, who provides services to a school or school district OR NON-RESIDENTIAL SPECIAL EDUCATION SCHOOL OR PROGRAM, which involve direct student contact. 5. "Educational setting" shall mean the building and grounds of a public school district, NON-RESIDENTIAL SPECIAL EDUCATION SCHOOL OR PROGRAM, the vehicles provided by the school district for the transpor- tation of students to and from school buildings, field trips, co-curri- cular and extra-curricular activities both on and off school district grounds, all co-curricular and extra-curricular activity sites, and any other location where direct contact between an employee or volunteer and a child has allegedly occurred, EXCEPT THAT SUCH TERM SHALL NOT APPLY TO A RESIDENTIAL SCHOOL WITH CHILDREN IN RESIDENTIAL CARE, AS DEFINED IN SECTION FOUR HUNDRED TWELVE-A OF THE SOCIAL SERVICES LAW, FOR WHOM ALLE- GATIONS OF ABUSE OF A CHILD IN RESIDENTIAL CARE OR NEGLECT OF A CHILD IN RESIDENTIAL CARE ARE SUBJECT TO MANDATORY REPORTING TO THE STATEWIDE CENTRAL REGISTER OF CHILD ABUSE AND MALTREATMENT PURSUANT TO TITLE SIX OF ARTICLE SIX OF THE SOCIAL SERVICES LAW. Such term shall not include a special act school district as defined in section four thousand one of this chapter which shall be subject to article eleven of the social services law. 6. "Administrator" or "school administrator" shall mean a principal of a public school, NON-RESIDENTIAL SPECIAL EDUCATION SCHOOL OR PROGRAM, charter school or board of cooperative educational services, or other chief school officer. 10. "NON-RESIDENTIAL SPECIAL EDUCATION SCHOOL OR PROGRAM" SHALL MEAN A STATE SUPPORTED SCHOOL OPERATED PURSUANT TO ARTICLE EIGHTY-FIVE OF THIS CHAPTER THAT DOES NOT HAVE A RESIDENTIAL COMPONENT, AN APPROVED PRIVATE NON-RESIDENTIAL SCHOOL FOR THE EDUCATION OF STUDENTS WITH DISABILITIES THAT IS LOCATED WITHIN THE STATE, OR AN APPROVED PROVIDER OF PRESCHOOL SPECIAL EDUCATION SERVICES OR PROGRAMS THAT IS LOCATED WITHIN THE STATE; PROVIDED THAT SUCH TERM SHALL ALSO APPLY TO AN APPROVED PRIVATE RESIDEN- TIAL SCHOOL OR APPROVED PROVIDER OF PRESCHOOL SPECIAL EDUCATION THAT PROVIDES A RESIDENTIAL PROGRAM THAT ALSO PROVIDES A DAY PROGRAM OR OTHER NON-RESIDENTIAL PROGRAM IF THE STUDENTS IN SUCH NON-RESIDENTIAL PROGRAM ARE NOT CHILDREN IN "RESIDENTIAL CARE," AS DEFINED IN SECTION FOUR HUNDRED TWELVE-A OF THE SOCIAL SERVICES LAW, FOR WHOM ALLEGATIONS OF ABUSE OF A CHILD IN RESIDENTIAL CARE OR NEGLECT OF A CHILD IN RESIDEN- TIAL CARE ARE SUBJECT TO MANDATORY REPORTING TO THE STATEWIDE CENTRAL REGISTER OF CHILD ABUSE AND MALTREATMENT PURSUANT TO TITLE SIX OF ARTI- CLE SIX OF THE SOCIAL SERVICES LAW. S 6. Subdivision 2 of section 1126 of the education law, as added by chapter 180 of the laws of 2000, is amended to read as follows: 2. [In] (A) EXCEPT AS OTHERWISE PROVIDED IN PARAGRAPH (B) OF THIS SUBDIVISION, IN any case where it is alleged that a child was abused by an employee, or volunteer of a school other than a school within the school district of the child's attendance, the report of such allega-
tions shall be promptly forwarded to the superintendent of schools of the school district of the child's attendance and the school district where the abuse allegedly occurred, whereupon both school superinten- dents shall comply with sections eleven hundred twenty-eight and eleven hundred twenty-eight-a of this article. (B) IN THE CASE OF A NON-RESIDENTIAL SPECIAL EDUCATION SCHOOL, WHERE IT IS ALLEGED THAT A CHILD WAS ABUSED BY AN EMPLOYEE OR VOLUNTEER OF SUCH NON-RESIDENTIAL SPECIAL EDUCATION SCHOOL, THE REPORT OF SUCH ALLE- GATIONS SHALL BE PROMPTLY FORWARDED TO THE ADMINISTRATOR OF SUCH SCHOOL, WHO SHALL BE RESPONSIBLE FOR COMPLIANCE WITH ALL THE PROVISIONS OF THIS ARTICLE THAT APPLY TO SUPERINTENDENTS OF SCHOOLS. S 7. Subdivision 1 of section 1128-a of the education law, as added by chapter 180 of the laws of 2000, is amended to read as follows: 1. Where a superintendent of schools OR SCHOOL ADMINISTRATOR forwards to law enforcement a report as described in paragraph (a) of subdivision one of section eleven hundred twenty-six of this article, he or she shall refer such report to the commissioner where the employee or volun- teer alleged to have committed an act of child abuse as defined in this article holds a certification or license issued by the department. S 8. Subdivision 3 of section 1133 of the education law, as added by chapter 180 of the laws of 2000, is amended to read as follows: 3. Any superintendent of schools OR SCHOOL ADMINISTRATOR who reason- ably and in good faith reports to law enforcement officials information regarding allegations of child abuse or a resignation as required by this article shall have immunity from any liability, civil or criminal, which might otherwise result by reason of such actions. S 9. Paragraph a of subdivision 39 of section 1604 of the education law, as amended by chapter 147 of the laws of 2001, is amended to read as follows: a. Shall require, for purposes of a criminal history record check, the fingerprinting of all prospective employees pursuant to section three thousand thirty-five of this chapter, who do not hold valid clearance pursuant to such section or pursuant to section three thousand four-b of this chapter or section five hundred nine-cc or twelve hundred twenty- nine-d of the vehicle and traffic law. Prior to initiating the finger- printing process, the prospective employer shall furnish the applicant with the form described in paragraph (c) of subdivision thirty of section three hundred five of this chapter and shall obtain the appli- cant's consent to the criminal history records search. PROSPECTIVE EMPLOYEES, INCLUDING OUT-OF-STATE APPLICANTS TO THE EXTENT PRACTICABLE, SHALL BE FINGERPRINTED BY AUTHORIZED PERSONNEL AT DESIGNATED FINGER- PRINTING ENTITIES APPROVED BY THE DEPARTMENT, USING ELECTRONIC SCANNING TECHNOLOGY APPROVED BY THE DEPARTMENT. OUT-OF-STATE PROSPECTIVE EMPLOY- EES WHO SUBMIT FINGERPRINT CARDS AND ARE NOT FINGERPRINTED ELECTRON- ICALLY PURSUANT TO THE REQUIREMENTS OF THIS PARAGRAPH SHALL BE FINGER- PRINTED ELECTRONICALLY PRIOR TO EMPLOYMENT WITHIN THE STATE. IN ADDITION TO THE REQUIREMENTS OF THIS PARAGRAPH, THE COMMISSIONER SHALL ESTABLISH MINIMUM STANDARDS AND PROCEDURES FOR IDENTIFICATION VERIFICATION TO BE FOLLOWED AT FINGERPRINTING SITES, WHICH SHALL INCLUDE THE REQUIREMENTS OF THIS SECTION IN REGULATIONS OF THE COMMISSIONER. PRIOR TO INITIATING THE FINGERPRINTING PROCESS AND IN THE PRESENCE OF AUTHORIZED PERSONNEL, A PROSPECTIVE EMPLOYEE SHALL SIGN A SWORN STATEMENT PREPARED BY THE DEPARTMENT VERIFYING THE PROSPECTIVE EMPLOYEE'S IDENTITY AND PRESENT TWO FORMS OF IDENTIFICATION, ONE OF WHICH SHALL BE AN OFFICIAL GOVERNMENT ISSUED PHOTO IDENTIFICATION CAPABLE OF BEING VERIFIED. A PHOTOGRAPH OF THE PROSPECTIVE EMPLOYEE SHALL BE TAKEN BY AUTHORIZED PERSONNEL AND
AFFIXED TO THE PROSPECTIVE EMPLOYEE'S SIGNED, SWORN STATEMENT. UPON COMPLETION OF THE FINGERPRINTING PROCESS, THE AUTHORIZED PERSONNEL SHALL SIGN AN AFFIDAVIT, ON A FORM PRESCRIBED BY THE COMMISSIONER, ATTESTING THAT HE OR SHE VERIFIED THE PHOTO IDENTIFICATION PRESENTED, WITNESSED THE SIGNATURE AND PROCESSED THE FINGERPRINTS IN ACCORDANCE WITH THIS CHAPTER AND THE RULES AND REGULATIONS OF THE DEPARTMENT. THESE RECORDS SHALL BE RETAINED AS BUSINESS RECORDS AS DEFINED IN SUBDIVISION TWO OF SECTION 175.00 OF THE PENAL LAW FOR THE DURATION OF THE INDIVIDUAL'S EMPLOYMENT IN A MANNER PRESCRIBED BY THE COMMISSIONER. Every set of fingerprints taken pursuant to this subdivision shall be promptly submitted to the commissioner for purposes of clearance for employment. S 10. Paragraph a of subdivision 39 of section 1709 of the education law, as amended by chapter 147 of the laws of 2001, is amended to read as follows: a. Shall require, for purposes of a criminal history record check, the fingerprinting of all prospective employees pursuant to section three thousand thirty-five of this chapter, who do not hold valid clearance pursuant to such section or pursuant to section three thousand four-b of this chapter or section five hundred nine-cc or twelve hundred twenty- nine-d of the vehicle and traffic law. Prior to initiating the finger- printing process, the prospective employer shall furnish the applicant with the form described in paragraph (c) of subdivision thirty of section three hundred five of this chapter and shall obtain the appli- cant's consent to the criminal history records search. PROSPECTIVE EMPLOYEES, INCLUDING OUT-OF-STATE APPLICANTS TO THE EXTENT PRACTICABLE, SHALL BE FINGERPRINTED BY AUTHORIZED PERSONNEL AT DESIGNATED FINGER- PRINTING ENTITIES APPROVED BY THE DEPARTMENT, USING ELECTRONIC SCANNING TECHNOLOGY APPROVED BY THE DEPARTMENT. OUT-OF-STATE PROSPECTIVE EMPLOY- EES WHO SUBMIT FINGERPRINT CARDS AND ARE NOT FINGERPRINTED ELECTRON- ICALLY PURSUANT TO THE REQUIREMENTS OF THIS PARAGRAPH SHALL BE FINGER- PRINTED ELECTRONICALLY PRIOR TO EMPLOYMENT WITHIN THE STATE. IN ADDITION TO THE REQUIREMENTS OF THIS PARAGRAPH, THE COMMISSIONER SHALL ESTABLISH MINIMUM STANDARDS AND PROCEDURES FOR IDENTIFICATION VERIFICATION TO BE FOLLOWED AT FINGERPRINTING SITES, WHICH SHALL INCLUDE THE REQUIREMENTS OF THIS SECTION IN REGULATIONS OF THE COMMISSIONER. PRIOR TO INITIATING THE FINGERPRINTING PROCESS AND IN THE PRESENCE OF AUTHORIZED PERSONNEL, A PROSPECTIVE EMPLOYEE SHALL SIGN A SWORN STATEMENT PREPARED BY THE DEPARTMENT VERIFYING THE PROSPECTIVE EMPLOYEE'S IDENTITY AND PRESENT TWO FORMS OF IDENTIFICATION, ONE OF WHICH SHALL BE AN OFFICIAL GOVERNMENT ISSUED PHOTO IDENTIFICATION CAPABLE OF BEING VERIFIED. A PHOTOGRAPH OF THE PROSPECTIVE EMPLOYEE SHALL BE TAKEN BY AUTHORIZED PERSONNEL AND AFFIXED TO THE PROSPECTIVE EMPLOYEE'S SIGNED, SWORN STATEMENT. UPON COMPLETION OF THE FINGERPRINTING PROCESS, THE AUTHORIZED PERSONNEL SHALL SIGN AN AFFIDAVIT, ON A FORM PRESCRIBED BY THE COMMISSIONER, ATTESTING THAT HE OR SHE VERIFIED THE PHOTO IDENTIFICATION PRESENTED, WITNESSED THE SIGNATURE AND PROCESSED THE FINGERPRINTS IN ACCORDANCE WITH THIS CHAPTER AND THE RULES AND REGULATIONS OF THE DEPARTMENT. THESE RECORDS SHALL BE RETAINED AS BUSINESS RECORDS AS DEFINED IN SUBDIVISION TWO OF SECTION 175.00 OF THE PENAL LAW FOR THE DURATION OF THE INDIVIDUAL'S EMPLOYMENT IN A MANNER PRESCRIBED BY THE COMMISSIONER. Every set of fingerprints taken pursuant to this subdivision shall be promptly submitted to the commissioner for purposes of clearance for employment. S 11. Paragraph a of subdivision 9 of section 1804 of the education law, as amended by chapter 147 of the laws of 2001, is amended to read as follows:
a. The board of education shall, for purposes of a criminal history record check, require the fingerprinting of all prospective employees pursuant to section three thousand thirty-five of this chapter, who do not hold valid clearance pursuant to such section or pursuant to section three thousand four-b of this chapter or section five hundred nine-cc or twelve hundred twenty-nine-d of the vehicle and traffic law. Prior to initiating the fingerprinting process, the prospective employer shall furnish the applicant with the form described in paragraph (c) of subdi- vision thirty of section three hundred five of this chapter and shall obtain the applicant's consent to the criminal history records search. PROSPECTIVE EMPLOYEES, INCLUDING OUT-OF-STATE APPLICANTS TO THE EXTENT PRACTICABLE, SHALL BE FINGERPRINTED BY AUTHORIZED PERSONNEL AT DESIG- NATED FINGERPRINTING ENTITIES APPROVED BY THE DEPARTMENT, USING ELEC- TRONIC SCANNING TECHNOLOGY APPROVED BY THE DEPARTMENT. OUT-OF-STATE PROSPECTIVE EMPLOYEES WHO SUBMIT FINGERPRINT CARDS AND ARE NOT FINGER- PRINTED ELECTRONICALLY PURSUANT TO THE REQUIREMENTS OF THIS PARAGRAPH SHALL BE FINGERPRINTED ELECTRONICALLY PRIOR TO EMPLOYMENT WITHIN THE STATE. IN ADDITION TO THE REQUIREMENTS OF THIS PARAGRAPH, THE COMMIS- SIONER SHALL ESTABLISH MINIMUM STANDARDS AND PROCEDURES FOR IDENTIFICA- TION VERIFICATION TO BE FOLLOWED AT FINGERPRINTING SITES, WHICH SHALL INCLUDE THE REQUIREMENTS OF THIS SECTION IN REGULATIONS OF THE COMMIS- SIONER. PRIOR TO INITIATING THE FINGERPRINTING PROCESS AND IN THE PRES- ENCE OF AUTHORIZED PERSONNEL, A PROSPECTIVE EMPLOYEE SHALL SIGN A SWORN STATEMENT PREPARED BY THE DEPARTMENT VERIFYING THE PROSPECTIVE EMPLOY- EE'S IDENTITY AND PRESENT TWO FORMS OF IDENTIFICATION, ONE OF WHICH SHALL BE AN OFFICIAL GOVERNMENT ISSUED PHOTO IDENTIFICATION CAPABLE OF BEING VERIFIED. A PHOTOGRAPH OF THE PROSPECTIVE EMPLOYEE SHALL BE TAKEN BY AUTHORIZED PERSONNEL AND AFFIXED TO THE PROSPECTIVE EMPLOYEE'S SIGNED, SWORN STATEMENT. UPON COMPLETION OF THE FINGERPRINTING PROCESS, THE AUTHORIZED PERSONNEL SHALL SIGN AN AFFIDAVIT, ON A FORM PRESCRIBED BY THE COMMISSIONER, ATTESTING THAT HE OR SHE VERIFIED THE PHOTO IDEN- TIFICATION PRESENTED, WITNESSED THE SIGNATURE AND PROCESSED THE FINGER- PRINTS IN ACCORDANCE WITH THIS CHAPTER AND THE RULES AND REGULATIONS OF THE DEPARTMENT. THESE RECORDS SHALL BE RETAINED AS BUSINESS RECORDS AS DEFINED IN SUBDIVISION TWO OF SECTION 175.00 OF THE PENAL LAW FOR THE DURATION OF THE INDIVIDUAL'S EMPLOYMENT IN A MANNER PRESCRIBED BY THE COMMISSIONER. Every set of fingerprints taken pursuant to this subdivi- sion shall be promptly submitted to the commissioner for purposes of clearance for employment. S 12. Subparagraph a of paragraph ll of subdivision 4 of section 1950 of the education law, as amended by chapter 147 of the laws of 2001, is amended to read as follows: a. Shall require, for purposes of a criminal history record check, the fingerprinting of all prospective employees pursuant to section three thousand thirty-five of this chapter, who do not hold valid clearance pursuant to such section or pursuant to section three thousand four-b of this chapter or section five hundred nine-cc or twelve hundred twenty- nine-d of the vehicle and traffic law. Prior to initiating the finger- printing process, the prospective employer shall furnish the applicant with the form described in paragraph (c) of subdivision thirty of section three hundred five of this chapter and shall obtain the appli- cant's consent to the criminal history records search. PROSPECTIVE EMPLOYEES, INCLUDING OUT-OF-STATE APPLICANTS TO THE EXTENT PRACTICABLE, SHALL BE FINGERPRINTED BY AUTHORIZED PERSONNEL AT DESIGNATED FINGER- PRINTING ENTITIES APPROVED BY THE DEPARTMENT, USING ELECTRONIC SCANNING TECHNOLOGY APPROVED BY THE DEPARTMENT. OUT-OF-STATE PROSPECTIVE EMPLOY-
EES WHO SUBMIT FINGERPRINT CARDS AND ARE NOT FINGERPRINTED ELECTRON- ICALLY PURSUANT TO THE REQUIREMENTS OF THIS SUBPARAGRAPH SHALL BE FING- ERPRINTED ELECTRONICALLY PRIOR TO EMPLOYMENT WITHIN THE STATE. IN ADDITION TO THE REQUIREMENTS OF THIS SUBPARAGRAPH, THE COMMISSIONER SHALL ESTABLISH MINIMUM STANDARDS AND PROCEDURES FOR IDENTIFICATION VERIFICATION TO BE FOLLOWED AT FINGERPRINTING SITES, WHICH SHALL INCLUDE THE REQUIREMENTS OF THIS SECTION IN REGULATIONS OF THE COMMISSIONER. PRIOR TO INITIATING THE FINGERPRINTING PROCESS AND IN THE PRESENCE OF AUTHORIZED PERSONNEL, A PROSPECTIVE EMPLOYEE SHALL SIGN A SWORN STATE- MENT PREPARED BY THE DEPARTMENT VERIFYING THE PROSPECTIVE EMPLOYEE'S IDENTITY AND PRESENT TWO FORMS OF IDENTIFICATION, ONE OF WHICH SHALL BE AN OFFICIAL GOVERNMENT ISSUED PHOTO IDENTIFICATION CAPABLE OF BEING VERIFIED. A PHOTOGRAPH OF THE PROSPECTIVE EMPLOYEE SHALL BE TAKEN BY AUTHORIZED PERSONNEL AND AFFIXED TO THE PROSPECTIVE EMPLOYEE'S SIGNED, SWORN STATEMENT. UPON COMPLETION OF THE FINGERPRINTING PROCESS, THE AUTHORIZED PERSONNEL SHALL SIGN AN AFFIDAVIT, ON A FORM PRESCRIBED BY THE COMMISSIONER, ATTESTING THAT HE OR SHE VERIFIED THE PHOTO IDENTIFI- CATION PRESENTED, WITNESSED THE SIGNATURE AND PROCESSED THE FINGERPRINTS IN ACCORDANCE WITH THIS CHAPTER AND THE RULES AND REGULATIONS OF THE DEPARTMENT. THESE RECORDS SHALL BE RETAINED AS BUSINESS RECORDS AS DEFINED IN SUBDIVISION TWO OF SECTION 175.00 OF THE PENAL LAW FOR THE DURATION OF THE INDIVIDUAL'S EMPLOYMENT IN A MANNER PRESCRIBED BY THE COMMISSIONER. Every set of fingerprints taken pursuant to this paragraph shall be promptly submitted to the commissioner for purposes of clear- ance for employment. S 13. Subdivision 4 of section 1950 of the education law is amended by adding a new paragraph oo to read as follows: OO. TO PROCESS FINGERPRINTS TO BE UTILIZED IN CRIMINAL HISTORY RECORD CHECKS FOR PROSPECTIVE EMPLOYEES OF NONPUBLIC ELEMENTARY AND SECONDARY SCHOOLS, SPECIAL EDUCATION SCHOOLS, NON-COMPONENT SCHOOL DISTRICTS AND CHARTER SCHOOLS PURSUANT TO SUBDIVISION THIRTY OF SECTION THREE HUNDRED FIVE OF THIS CHAPTER AND TO ENTER CONTRACTS WITH SUCH SCHOOLS FOR SUCH PURPOSE, AND TO PROCESS FINGERPRINTS FOR CRIMINAL HISTORY RECORDS SEARCHES PURSUANT TO SECTION THREE THOUSAND THIRTY-FIVE OF THIS CHAPTER FOR APPLICANTS FOR TEACHER CERTIFICATION AND FOR APPLICANTS FOR A CHAR- TER AS A CHARTER SCHOOL PURSUANT TO SUBDIVISION FOUR OF SECTION TWENTY- EIGHT HUNDRED FIFTY-TWO OF THIS CHAPTER. SUCH PROCESSING SERVICES SHALL BE PROVIDED AT COST AND THE BOARD OF COOPERATIVE EDUCATIONAL SERVICES SHALL NOT BE AUTHORIZED TO CHARGE ANY COSTS INCURRED IN PROVIDING SUCH SERVICES TO ITS COMPONENT SCHOOL DISTRICTS. THE BOARD OF COOPERATIVE EDUCATIONAL SERVICES ARE HEREBY AUTHORIZED TO DO AND PERFORM ANY AND ALL ACTS NECESSARY OR CONVENIENT IN RELATION TO THE PROVISION OF SUCH SERVICES. S 14. Paragraph a of subdivision 18 of section 2503 of the education law, as amended by chapter 147 of the laws of 2001, is amended to read as follows: a. Shall require, for purposes of a criminal history record check, the fingerprinting of all prospective employees pursuant to section three thousand thirty-five of this chapter, who do not hold valid clearance pursuant to such section or pursuant to section three thousand four-b of this chapter or section five hundred nine-cc or twelve hundred twenty- nine-d of the vehicle and traffic law. Prior to initiating the finger- printing process, the prospective employer shall furnish the applicant with the form described in paragraph (c) of subdivision thirty of section three hundred five of this chapter and shall obtain the appli- cant's consent to the criminal history records search. Every set of
fingerprints taken pursuant to this subdivision shall be promptly submitted to the commissioner for purposes of clearance for employment. PROSPECTIVE EMPLOYEES, INCLUDING OUT-OF-STATE APPLICANTS TO THE EXTENT PRACTICABLE, SHALL BE FINGERPRINTED BY AUTHORIZED PERSONNEL AT DESIG- NATED FINGERPRINTING ENTITIES APPROVED BY THE DEPARTMENT, USING ELEC- TRONIC SCANNING TECHNOLOGY APPROVED BY THE DEPARTMENT. OUT-OF-STATE PROSPECTIVE EMPLOYEES WHO SUBMIT FINGERPRINT CARDS AND ARE NOT FINGER- PRINTED ELECTRONICALLY PURSUANT TO THE REQUIREMENTS OF THIS PARAGRAPH SHALL BE FINGERPRINTED ELECTRONICALLY PRIOR TO EMPLOYMENT WITHIN THE STATE. IN ADDITION TO THE REQUIREMENTS OF THIS PARAGRAPH, THE COMMIS- SIONER SHALL ESTABLISH MINIMUM STANDARDS AND PROCEDURES FOR IDENTIFICA- TION VERIFICATION TO BE FOLLOWED AT FINGERPRINTING SITES, WHICH SHALL INCLUDE THE REQUIREMENTS OF THIS SECTION IN REGULATIONS OF THE COMMIS- SIONER. PRIOR TO INITIATING THE FINGERPRINTING PROCESS AND IN THE PRES- ENCE OF AUTHORIZED PERSONNEL, A PROSPECTIVE EMPLOYEE SHALL SIGN A SWORN STATEMENT PREPARED BY THE DEPARTMENT VERIFYING THE PROSPECTIVE EMPLOY- EE'S IDENTITY AND PRESENT TWO FORMS OF IDENTIFICATION, ONE OF WHICH SHALL BE AN OFFICIAL GOVERNMENT ISSUED PHOTO IDENTIFICATION CAPABLE OF BEING VERIFIED. A PHOTOGRAPH OF THE PROSPECTIVE EMPLOYEE SHALL BE TAKEN BY AUTHORIZED PERSONNEL AND AFFIXED TO THE PROSPECTIVE EMPLOYEE'S SIGNED, SWORN STATEMENT. UPON COMPLETION OF THE FINGERPRINTING PROCESS, THE AUTHORIZED PERSONNEL SHALL SIGN AN AFFIDAVIT, ON A FORM PRESCRIBED BY THE COMMISSIONER, ATTESTING THAT HE OR SHE VERIFIED THE PHOTO IDEN- TIFICATION PRESENTED, WITNESSED THE SIGNATURE AND PROCESSED THE FINGER- PRINTS IN ACCORDANCE WITH THIS CHAPTER AND THE RULES AND REGULATIONS OF THE DEPARTMENT. THESE RECORDS SHALL BE RETAINED AS BUSINESS RECORDS AS DEFINED IN SUBDIVISION TWO OF SECTION 175.00 OF THE PENAL LAW FOR THE DURATION OF THE INDIVIDUAL'S EMPLOYMENT IN A MANNER PRESCRIBED BY THE COMMISSIONER. S 15. Paragraph a of subdivision 25 of section 2554 of the education law, as amended by section 2 of chapter 91 of the laws of 2002, is amended to read as follows: a. Shall require, for purposes of a criminal history record check, the fingerprinting of all prospective employees pursuant to section three thousand thirty-five of this chapter, who do not hold valid clearance pursuant to such section or pursuant to section three thousand four-b of this chapter or section five hundred nine-cc or twelve hundred twenty- nine-d of the vehicle and traffic law. Prior to initiating the finger- printing process, the prospective employer shall furnish the applicant with the form described in paragraph (c) of subdivision thirty of section three hundred five of this chapter and shall obtain the appli- cant's consent to the criminal history records search. Every set of fingerprints taken pursuant to this subdivision shall be promptly submitted to the commissioner for purposes of clearance for employment. PROSPECTIVE EMPLOYEES, INCLUDING OUT-OF-STATE APPLICANTS TO THE EXTENT PRACTICABLE, SHALL BE FINGERPRINTED BY AUTHORIZED PERSONNEL AT DESIG- NATED FINGERPRINTING ENTITIES APPROVED BY THE DEPARTMENT, USING ELEC- TRONIC SCANNING TECHNOLOGY APPROVED BY THE DEPARTMENT. OUT-OF-STATE PROSPECTIVE EMPLOYEES WHO SUBMIT FINGERPRINT CARDS AND ARE NOT FINGER- PRINTED ELECTRONICALLY PURSUANT TO THE REQUIREMENTS OF THIS PARAGRAPH SHALL BE FINGERPRINTED ELECTRONICALLY PRIOR TO EMPLOYMENT WITHIN THE STATE. IN ADDITION TO THE REQUIREMENTS OF THIS PARAGRAPH, THE COMMIS- SIONER SHALL ESTABLISH MINIMUM STANDARDS AND PROCEDURES FOR IDENTIFICA- TION VERIFICATION TO BE FOLLOWED AT FINGERPRINTING SITES, WHICH SHALL INCLUDE THE REQUIREMENTS OF THIS SECTION IN REGULATIONS OF THE COMMIS- SIONER. PRIOR TO INITIATING THE FINGERPRINTING PROCESS AND IN THE PRES-
ENCE OF AUTHORIZED PERSONNEL, A PROSPECTIVE EMPLOYEE SHALL SIGN A SWORN STATEMENT PREPARED BY THE DEPARTMENT VERIFYING THE PROSPECTIVE EMPLOY- EE'S IDENTITY AND PRESENT TWO FORMS OF IDENTIFICATION, ONE OF WHICH SHALL BE AN OFFICIAL GOVERNMENT ISSUED PHOTO IDENTIFICATION CAPABLE OF BEING VERIFIED. A PHOTOGRAPH OF THE PROSPECTIVE EMPLOYEE SHALL BE TAKEN BY AUTHORIZED PERSONNEL AND AFFIXED TO THE PROSPECTIVE EMPLOYEE'S SIGNED, SWORN STATEMENT. UPON COMPLETION OF THE FINGERPRINTING PROCESS, THE AUTHORIZED PERSONNEL SHALL SIGN AN AFFIDAVIT, ON A FORM PRESCRIBED BY THE COMMISSIONER, ATTESTING THAT HE OR SHE VERIFIED THE PHOTO IDEN- TIFICATION PRESENTED, WITNESSED THE SIGNATURE AND PROCESSED THE FINGER- PRINTS IN ACCORDANCE WITH THIS CHAPTER AND THE RULES AND REGULATIONS OF THE DEPARTMENT. THESE RECORDS SHALL BE RETAINED AS BUSINESS RECORDS AS DEFINED IN SUBDIVISION TWO OF SECTION 175.00 OF THE PENAL LAW FOR THE DURATION OF THE INDIVIDUAL'S EMPLOYMENT IN A MANNER PRESCRIBED BY THE COMMISSIONER. S 16. Subdivision 20 of section 2590-h of the education law, as amended by chapter 345 of the laws of 2009, is amended to read as follows: 20. Ensure compliance with qualifications established for all person- nel employed in the city district, including the taking of fingerprints as a prerequisite for licensure and/or employment of such personnel AND, THE TAKING OF FINGERPRINTS AS A PREREQUISITE FOR LICENSURE AND/OR EMPLOYMENT OF PERSONNEL EMPLOYED BY A SPECIAL EDUCATION SCHOOL, AS DEFINED IN SUBDIVISION THIRTY OF SECTION THREE HUNDRED FIVE OF THIS CHAPTER, THAT CONTRACTS WITH THE CITY SCHOOL DISTRICT OF THE CITY OF NEW YORK. Every set of fingerprints taken pursuant to this subdivision shall be promptly submitted to the division of criminal justice services where it shall be appropriately processed. Furthermore, the division of criminal justice services is authorized to submit the fingerprints to the federal bureau of investigation for a national criminal history record check. S 16-a. Subdivision 20 of section 2590-h of the education law, as amended by chapter 100 of the laws of 2003, is amended to read as follows: 20. Ensure compliance with qualifications established for all person- nel employed in the city district, including the taking of fingerprints as a prerequisite for licensure and/or employment of such personnel AND, THE TAKING OF FINGERPRINTS AS A PREREQUISITE FOR LICENSURE AND/OR EMPLOYMENT OF PERSONNEL EMPLOYED BY A SPECIAL EDUCATION SCHOOL, AS DEFINED IN SUBDIVISION THIRTY OF SECTION THREE HUNDRED FIVE OF THIS CHAPTER, THAT CONTRACTS WITH THE CITY SCHOOL DISTRICT OF THE CITY OF NEW YORK. Every set of fingerprints taken pursuant to this subdivision shall be promptly submitted to the division of criminal justice services where it shall be appropriately processed. Furthermore, the division of criminal justice services is authorized to submit the fingerprints to the federal bureau of investigation for a national criminal history record check. S 17. Subparagraph (i) of paragraph (a-2) of subdivision 3 of section 2854 of the education law, as amended by chapter 147 of the laws of 2001, is amended to read as follows: (i) The board of trustees of a charter school shall require, for purposes of a criminal history record check, the fingerprinting of all prospective employees pursuant to section three thousand thirty-five of this chapter, who do not hold valid clearance pursuant to such section or pursuant to section three thousand four-b of this chapter or section five hundred nine-cc or twelve hundred twenty-nine-d of the vehicle and
traffic law. Prior to initiating the fingerprinting process, the prospective employer shall furnish the applicant with the form described in paragraph (c) of subdivision thirty of section three hundred five of this chapter and shall obtain the applicant's consent to the criminal history records search. PROSPECTIVE EMPLOYEES, INCLUDING OUT-OF-STATE APPLICANTS TO THE EXTENT PRACTICABLE, SHALL BE FINGERPRINTED BY AUTHOR- IZED PERSONNEL AT DESIGNATED FINGERPRINTING ENTITIES APPROVED BY THE DEPARTMENT, USING ELECTRONIC SCANNING TECHNOLOGY APPROVED BY THE DEPART- MENT. OUT-OF-STATE PROSPECTIVE EMPLOYEES WHO SUBMIT FINGERPRINT CARDS AND ARE NOT FINGERPRINTED ELECTRONICALLY PURSUANT TO THE REQUIREMENTS OF THIS SUBPARAGRAPH SHALL BE FINGERPRINTED ELECTRONICALLY PRIOR TO EMPLOY- MENT WITHIN THE STATE. IN ADDITION TO THE REQUIREMENTS OF THIS SUBPARA- GRAPH, THE COMMISSIONER SHALL ESTABLISH MINIMUM STANDARDS AND PROCEDURES FOR IDENTIFICATION VERIFICATION TO BE FOLLOWED AT FINGERPRINTING SITES, WHICH SHALL INCLUDE THE REQUIREMENTS OF THIS SECTION IN REGULATIONS OF THE COMMISSIONER. PRIOR TO INITIATING THE FINGERPRINTING PROCESS AND IN THE PRESENCE OF AUTHORIZED PERSONNEL, A PROSPECTIVE EMPLOYEE SHALL SIGN A SWORN STATEMENT PREPARED BY THE DEPARTMENT VERIFYING THE PROSPECTIVE EMPLOYEE'S IDENTITY AND PRESENT TWO FORMS OF IDENTIFICATION, ONE OF WHICH SHALL BE AN OFFICIAL GOVERNMENT ISSUED PHOTO IDENTIFICATION CAPA- BLE OF BEING VERIFIED. A PHOTOGRAPH OF THE PROSPECTIVE EMPLOYEE SHALL BE TAKEN BY AUTHORIZED PERSONNEL AND AFFIXED TO THE PROSPECTIVE EMPLOYEE'S SIGNED, SWORN STATEMENT. UPON COMPLETION OF THE FINGERPRINTING PROCESS, THE AUTHORIZED PERSONNEL SHALL SIGN AN AFFIDAVIT, ON A FORM PRESCRIBED BY THE COMMISSIONER, ATTESTING THAT HE OR SHE VERIFIED THE PHOTO IDEN- TIFICATION PRESENTED, WITNESSED THE SIGNATURE AND PROCESSED THE FINGER- PRINTS IN ACCORDANCE WITH THIS CHAPTER AND THE RULES AND REGULATIONS OF THE DEPARTMENT. THESE RECORDS SHALL BE RETAINED AS BUSINESS RECORDS AS DEFINED IN SUBDIVISION TWO OF SECTION 175.00 OF THE PENAL LAW FOR THE DURATION OF THE INDIVIDUAL'S EMPLOYMENT IN A MANNER PRESCRIBED BY THE COMMISSIONER. Every set of fingerprints taken pursuant to this paragraph shall be promptly submitted to the commissioner for purposes of clear- ance for employment. S 18. Subdivision 1 of section 3004-b of the education law, as sepa- rately amended by chapters 147 and 380 of the laws of 2001, is amended to read as follows: 1. Criminal history records search. Upon receipt of an application for certification as a superintendent of schools, teacher, administrator or supervisor, teaching assistant or school personnel required to hold a teaching or administrative license or certificate, the commissioner shall, subject to the rules and regulations of the division of criminal justice services, initiate a criminal history records search of the person making application, except that nothing in this section shall be construed to require a criminal history record check of an individual who holds a valid provisional certificate on the effective date of this section and applies for permanent certification in the same certificate title, or of an individual who applies for a temporary license to serve in the city school district of the city of New York and has been cleared for licensure and/or employment by such city school district pursuant to subdivision twenty of section twenty-five hundred ninety-h of this chap- ter. Prior to initiating the fingerprinting process, the commissioner shall furnish the applicant with the form described in paragraph (c) of subdivision thirty of section three hundred five of this chapter and shall obtain the applicant's consent to the criminal history records search. APPLICANTS FOR CERTIFICATION, WHO ARE REQUIRED TO BE FINGER- PRINTED UNDER THIS SECTION, INCLUDING OUT-OF-STATE APPLICANTS TO THE
EXTENT PRACTICABLE, SHALL BE FINGERPRINTED BY AUTHORIZED PERSONNEL AT DESIGNATED FINGERPRINTING ENTITIES APPROVED BY THE DEPARTMENT, USING ELECTRONIC SCANNING TECHNOLOGY APPROVED BY THE DEPARTMENT. OUT-OF-STATE PROSPECTIVE EMPLOYEES WHO SUBMIT FINGERPRINT CARDS AND ARE NOT FINGER- PRINTED ELECTRONICALLY PURSUANT TO THE REQUIREMENTS OF THIS SUBDIVISION SHALL BE FINGERPRINTED ELECTRONICALLY PRIOR TO EMPLOYMENT WITHIN THE STATE. IN ADDITION TO THE REQUIREMENTS OF THIS SUBDIVISION, THE COMMIS- SIONER SHALL ESTABLISH MINIMUM STANDARDS AND PROCEDURES FOR IDENTIFICA- TION VERIFICATION TO BE FOLLOWED AT FINGERPRINTING SITES, WHICH SHALL INCLUDE THE REQUIREMENTS OF THIS SECTION IN REGULATIONS OF THE COMMIS- SIONER. PRIOR TO INITIATING THE FINGERPRINTING PROCESS AND IN THE PRES- ENCE OF AUTHORIZED PERSONNEL, A PROSPECTIVE EMPLOYEE SHALL SIGN A SWORN STATEMENT PREPARED BY THE DEPARTMENT VERIFYING THE PROSPECTIVE EMPLOY- EE'S IDENTITY AND PRESENT TWO FORMS OF IDENTIFICATION, ONE OF WHICH SHALL BE AN OFFICIAL GOVERNMENT ISSUED PHOTO IDENTIFICATION CAPABLE OF BEING VERIFIED. A PHOTOGRAPH OF THE PROSPECTIVE EMPLOYEE SHALL BE TAKEN BY AUTHORIZED PERSONNEL AND AFFIXED TO THE PROSPECTIVE EMPLOYEE'S SIGNED, SWORN STATEMENT. UPON COMPLETION OF THE FINGERPRINTING PROCESS, THE AUTHORIZED PERSONNEL SHALL SIGN AN AFFIDAVIT, ON A FORM PRESCRIBED BY THE COMMISSIONER, ATTESTING THAT HE OR SHE VERIFIED THE PHOTO IDEN- TIFICATION PRESENTED, WITNESSED THE SIGNATURE AND PROCESSED THE FINGER- PRINTS IN ACCORDANCE WITH THIS CHAPTER AND THE RULES AND REGULATIONS OF THE DEPARTMENT. THESE RECORDS SHALL BE RETAINED AS BUSINESS RECORDS AS DEFINED IN SUBDIVISION TWO OF SECTION 175.00 OF THE PENAL LAW FOR THE DURATION OF THE INDIVIDUAL'S EMPLOYMENT IN A MANNER PRESCRIBED BY THE COMMISSIONER. The commissioner shall obtain from each applicant ONE SET, OR WHERE NECESSARY, two sets of fingerprints and the division of crimi- nal justice services processing fee imposed pursuant to subdivision eight-a of section eight hundred thirty-seven of the executive law and any fee imposed by the federal bureau of investigation. The commissioner shall promptly transmit such fingerprints and fees to the division of criminal justice services for its full search and retain processing. The division of criminal justice services is authorized to submit the fing- erprints and the appropriate fee to the federal bureau of investigation for a national criminal history record check. The division of criminal justice services and the federal bureau of investigation shall forward such criminal history record to the commissioner in a timely manner. For the purposes of this section the term "criminal history record" shall mean a record of all convictions of crimes and any pending criminal charges maintained on an individual by the division of criminal justice services and the federal bureau of investigation. In addition, upon request from an applicant who has applied for employment with the city school district of the city of New York, the commissioner shall have the authority to forward a copy of such criminal history record to the city school district of the city of New York by the most expeditious means available. Furthermore, upon notification that such applicant is employed by the city school district of the city of New York, the divi- sion of criminal justice services shall have the authority to provide subsequent criminal history notifications directly to the city school district of the city of New York. Upon request from an applicant who has already been cleared for licensure and/or employment by the city school district of the city of New York, such school district shall have the authority to forward a copy of the applicant's criminal history record to the commissioner, by the most expeditious means available, for the purposes of this section. Furthermore, upon notification that such applicant has been certified, the division of criminal justice services
shall have the authority to provide subsequent criminal history notifi- cations directly to the commissioner. All such criminal history records processed and sent pursuant to this subdivision shall be confidential pursuant to the applicable federal and state laws, rules and regu- lations, and shall not be published or in any way disclosed to persons other than the commissioner, unless otherwise authorized by law. No cause of action against the department or the division of criminal justice services for damages related to the dissemination of criminal history records pursuant to this subdivision shall exist when the department or division of criminal justice services has reasonably and in good faith relied upon the accuracy and completeness of criminal history information furnished to it by qualified agencies. The provision of such criminal history record by the division of criminal justice services shall be subject to the provisions of subdivision sixteen of section two hundred ninety-six of the executive law. The commissioner shall consider such criminal history record pursuant to article twenty- three-A of the correction law. S 19. Paragraph b of subdivision 2 of section 3020-a of the education law, as amended by section 1 of part B of chapter 57 of the laws of 2012, is amended to read as follows: b. The employee may be suspended pending a hearing on the charges and the final determination thereof. The suspension shall be with pay, except the employee may be suspended without pay if the employee has entered a guilty plea to or has been convicted of a felony crime concerning the criminal sale or possession of a controlled substance, a precursor of a controlled substance, or drug paraphernalia as defined in article two hundred twenty or two hundred twenty-one of the penal law; or a felony crime involving the physical abuse of a minor or student , OR A FELONY CRIME INVOLVING THE SUBMISSION OF FALSE INFORMATION, OR THE COMMISSION OF FRAUD, RELATED TO A CRIMINAL HISTORY RECORD CHECK. The employee shall be terminated without a hearing, as provided for in this section, upon conviction of a sex offense, as defined in subparagraph two of paragraph b of subdivision seven-a of section three hundred five of this chapter. To the extent this section applies to an employee acting as a school administrator or supervisor, as defined in subpara- graph three of paragraph b of subdivision seven-b of section three hundred five of this chapter, such employee shall be terminated without a hearing, as provided for in this section, upon conviction of a felony offense defined in subparagraph two of paragraph b of subdivision seven-b of section three hundred five of this chapter. S 20. Subdivision 1 of section 3035 of the education law, as amended by chapter 630 of the laws of 2006, is amended to read as follows: 1. The commissioner shall submit to the division of criminal justice services ONE SET OR WHERE NECESSARY, two sets of fingerprints of prospective employees as defined in subdivision three of section eleven hundred twenty-five of this chapter received from a school district, charter school or board of cooperative educational services and of prospective employees received from nonpublic and private elementary and secondary schools pursuant to title two of this chapter OR A SPECIAL EDUCATION SCHOOL, AS DEFINED IN PARAGRAPH (F) OF SUBDIVISION THIRTY OF SECTION THREE HUNDRED FIVE OF THIS CHAPTER, PURSUANT TO TITLE SIX OF ARTICLE SIX OF THE SOCIAL SERVICES LAW, OTHER THAN A SPECIAL EDUCATION SCHOOL LOCATED IN THE CITY OF NEW YORK, and the division of criminal justice services processing fee imposed pursuant to subdivision eight-a of section eight hundred thirty-seven of the executive law and any fee imposed by the federal bureau of investigation. The division of criminal
justice services and the federal bureau of investigation shall forward such criminal history record to the commissioner in a timely manner. For the purposes of this section, the term "criminal history record" shall mean a record of all convictions of crimes and any pending criminal charges maintained on an individual by the division of criminal justice services and the federal bureau of investigation. All such criminal history records sent to the commissioner pursuant to this subdivision shall be confidential pursuant to the applicable federal and state laws, rules and regulations, and shall not be published or in any way disclosed to persons other than the commissioner, unless otherwise authorized by law. S 21. Subdivisions 3 and 3-a of section 3035 of the education law, subdivision 3 as amended by section 7 of chapter 630 of the laws of 2006 and subdivision 3-a as added by chapter 380 of the laws of 2001, are amended to read as follows: 3. (a) Clearance. After receipt of a criminal history record from the division of criminal justice services and the federal bureau of investi- gation the commissioner shall promptly notify the appropriate school district, charter school, board of cooperative educational services, [or] nonpublic or private elementary or secondary school, OR SPECIAL EDUCATION SCHOOL whether the prospective employee to which such report relates is cleared for employment based upon his or her criminal histo- ry. All determinations to grant or deny clearance for employment pursu- ant to this paragraph shall be performed in accordance with subdivision sixteen of section two hundred ninety-six of the executive law and arti- cle twenty-three-A of the correction law. When the commissioner denies a prospective employee clearance for employment, such prospective employee shall be afforded notice and the right to be heard and offer proof in opposition to such determination in accordance with the regulations of the commissioner, PROVIDED THAT IN THE CASE OF PROSPECTIVE EMPLOYEES OF STATE SCHOOLS PURSUANT TO ARTICLE EIGHTY-SEVEN OR EIGHTY-EIGHT OF THIS CHAPTER THE DUE PROCESS PROCEDURES ESTABLISHED BY THE COMMISSIONER PURSUANT TO SECTION FIFTY OF THE CIVIL SERVICE LAW SHALL APPLY. (b) Conditional clearance. When the commissioner receives a request for a determination on the conditional clearance of a prospective employee, the commissioner, after receipt of a criminal history record from the division of criminal justice services, shall promptly notify the prospective employee and the appropriate school district, charter school, board of cooperative educational services, [or] nonpublic or private elementary or secondary school OR SPECIAL EDUCATION SCHOOL that the prospective employee to which such report relates is conditionally cleared for employment based upon his or her criminal history or that more time is needed to make the determination. If the commissioner determines that more time is needed, the notification shall include a good faith estimate of the amount of additional time needed. Such notification shall be made within fifteen business days after the commissioner receives the prospective employee's fingerprints. All determinations to grant or deny conditional clearance for employment pursuant to this paragraph shall be performed in accordance with subdi- vision sixteen of section two hundred ninety-six of the executive law and article twenty-three-A of the correction law. 3-a. Upon request from a prospective employee who has been cleared by the commissioner for employment and/or certification, the commissioner shall have the authority to forward a copy of such criminal history record to the city school district of the city of New York by the most expeditious means available. Furthermore, upon notification that such
prospective employee is employed by the city school district of the city of New York OR IS EMPLOYED BY A SPECIAL EDUCATION SCHOOL THAT CONTRACTS WITH THE CITY SCHOOL DISTRICT OF THE CITY OF NEW YORK, the division of criminal justice services shall have the authority to provide subsequent criminal history notifications directly to the city school district of the city of New York. Upon request from a prospective employee who has been cleared for licensure and/or employment by the city school district of the city of New York OR HAS BEEN CLEARED BY THE CITY OF NEW YORK FOR EMPLOYMENT BY A SPECIAL EDUCATION SCHOOL THAT IS LOCATED OUTSIDE OF THE CITY SCHOOL DISTRICT OF THE CITY OF NEW YORK, such school district OR CITY shall have the authority to forward a copy of the prospective employee's criminal history record to the commissioner, by the most expeditious means available, for the purposes of this section. Further- more, upon notification that such prospective employee is employed by a school district outside the city of New York OR BY A SPECIAL EDUCATION SCHOOL THAT IS LOCATED OUTSIDE OF THE CITY OF NEW YORK, the division of criminal justice services shall have the authority to provide subsequent criminal history notifications directly to the commissioner. S 22. Paragraph (i) of subdivision (a) of section 4212 of the educa- tion law, as amended by section 1-a of part E of chapter 501 of the laws of 2012, is amended to read as follows: (i) consistent with appropriate collective bargaining agreements and applicable provisions of the civil service law, the review and evalu- ation of the backgrounds of and the information supplied by any person applying to be an employee, a volunteer or consultant, which shall include but not be limited to the following requirements: that the applicant set forth his or her employment history, provide personal and employment references, and relevant experiential and educational infor- mation, [and] sign a sworn statement indicating whether the applicant, to the best of his or her knowledge, has ever been convicted of a crime in this state or any other jurisdiction AND, IN THE CASE OF A PROSPEC- TIVE EMPLOYEE, BE FINGERPRINTED FOR PURPOSES OF A CRIMINAL HISTORY BACK- GROUND CHECK PURSUANT TO SUBDIVISION (D) OF THIS SECTION; S 23. Section 4212 of the education law is amended by adding a new subdivision (d) to read as follows: (D) (I) THE SCHOOL SHALL REQUIRE, FOR PURPOSES OF A CRIMINAL HISTORY RECORD CHECK, THE FINGERPRINTING OF ALL PROSPECTIVE EMPLOYEES OF THE SCHOOL PURSUANT TO SUBDIVISION THIRTY OF SECTION THREE HUNDRED FIVE AND SECTION THREE THOUSAND THIRTY-FIVE OF THIS CHAPTER, EXCEPT WHERE SUCH PROSPECTIVE EMPLOYEES HOLD VALID CLEARANCE PURSUANT TO SECTION THREE THOUSAND THIRTY-FIVE OR SECTION THREE THOUSAND FOUR-B OF THIS CHAPTER OR SECTION FIVE HUNDRED NINE-CC OR TWELVE HUNDRED TWENTY-NINE-D OF THE VEHICLE AND TRAFFIC LAW, OR VALID CLEARANCE ISSUED BY THE CITY OF NEW YORK PURSUANT TO LOCAL LAW. PRIOR TO INITIATING THE FINGERPRINTING PROC- ESS, THE SCHOOL SHALL FURNISH THE PROSPECTIVE EMPLOYEE WITH THE FORM DESCRIBED IN PARAGRAPH (C) OF SUBDIVISION THIRTY OF SECTION THREE HUNDRED FIVE OF THIS CHAPTER AND SHALL OBTAIN THE APPLICANT'S CONSENT TO THE CRIMINAL HISTORY RECORDS SEARCH. EVERY SET OF FINGERPRINTS TAKEN PURSUANT TO THIS SUBDIVISION SHALL BE PROMPTLY SUBMITTED TO THE COMMIS- SIONER FOR PURPOSES OF CLEARANCE FOR EMPLOYMENT. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, THE COMMISSIONER SHALL BE AUTHORIZED TO PROVIDE SUBSEQUENT CRIMINAL HISTORY NOTIFICATIONS TO THE SCHOOL FOR ITS EMPLOYEES. (II) NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, THE SCHOOL MAY ESTABLISH PROCEDURES FOR THE CONDITIONAL APPOINTMENT OR EMER- GENCY CONDITIONAL APPOINTMENT OF PROSPECTIVE EMPLOYEES OF THE SCHOOL TO
THE SAME EXTENT AND UNDER THE SAME CONDITIONS AS A BOARD OF EDUCATION OF A UNION FREE SCHOOL DISTRICT PURSUANT TO SUBDIVISION THIRTY-NINE OF SECTION SEVENTEEN HUNDRED NINE OF THIS CHAPTER. S 24. Paragraph (i) of subdivision (a) of section 4314 of the educa- tion law, as amended by section 2 of part E of chapter 501 of the laws of 2012, is amended to read as follows: (i) consistent with appropriate collective agreements and applicable provisions of the civil service law, the review and evaluation of the backgrounds of and the information supplied by any person applying to be an employee, a volunteer or consultant, which shall include but not be limited to the following requirements: that the applicant set forth his or her employment history, provide personal and employment references, and relevant experiential and educational information, and sign a sworn statement indicating whether the applicant, to the best of his or her knowledge, has ever been convicted of a crime in this state or any other jurisdiction AND, IN THE CASE OF A PROSPECTIVE EMPLOYEE, BE FINGERPRINT- ED FOR PURPOSES OF A CRIMINAL HISTORY BACKGROUND CHECK PURSUANT TO SUBDIVISION (D) OF THIS SECTION; S 25. Section 4314 of the education law is amended by adding a new subdivision (d) to read as follows: (D) (I) THE DEPARTMENT SHALL REQUIRE, FOR PURPOSES OF A CRIMINAL HISTORY RECORD CHECK, THE FINGERPRINTING OF ALL PROSPECTIVE EMPLOYEES OF THE SCHOOL PURSUANT TO SUBDIVISION THIRTY OF SECTION THREE HUNDRED FIVE AND SECTION THREE THOUSAND THIRTY-FIVE OF THIS CHAPTER, WHO DO NOT HOLD VALID CLEARANCE PURSUANT TO SUCH SECTION THREE THOUSAND THIRTY-FIVE OR PURSUANT TO SECTION THREE THOUSAND FOUR-B OF THIS CHAPTER OR SECTION FIVE HUNDRED NINE-CC OR TWELVE HUNDRED TWENTY-NINE-D OF THE VEHICLE AND TRAFFIC LAW, OR VALID CLEARANCE ISSUED BY THE CITY OF NEW YORK PURSUANT TO LOCAL LAW. PRIOR TO INITIATING THE FINGERPRINTING PROCESS, THE DEPARTMENT SHALL FURNISH THE PROSPECTIVE EMPLOYEE WITH THE FORM DESCRIBED IN PARAGRAPH (C) OF SUBDIVISION THIRTY OF SECTION THREE HUNDRED FIVE OF THIS CHAPTER AND SHALL OBTAIN THE APPLICANT'S CONSENT TO THE CRIMINAL HISTORY RECORDS SEARCH. EVERY SET OF FINGERPRINTS TAKEN PURSUANT TO THIS SUBDIVISION SHALL BE PROMPTLY SUBMITTED TO THE COMMIS- SIONER FOR PURPOSES OF CLEARANCE FOR EMPLOYMENT. (II) NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, THE COMMISSIONER MAY ESTABLISH PROCEDURES FOR THE CONDITIONAL APPOINTMENT OR EMERGENCY CONDITIONAL APPOINTMENT OF PROSPECTIVE EMPLOYEES OF THE SCHOOL BY THE DEPARTMENT TO THE SAME EXTENT AND UNDER THE SAME CONDITIONS AS A BOARD OF EDUCATION OF A UNION FREE SCHOOL DISTRICT PURSUANT TO SUBDIVI- SION THIRTY-NINE OF SECTION SEVENTEEN HUNDRED NINE OF THIS CHAPTER. S 26. Paragraph (i) of subdivision (a) of section 4358 of the educa- tion law, as amended by section 3 of part E of chapter 501 of the laws of 2012, is amended to read as follows: (i) consistent with appropriate collective bargaining agreements and applicable provisions of the civil service law, the review and evalu- ation of the backgrounds of and the information supplied by any person applying to be an employee, a volunteer or consultant, which shall include but not be limited to the following requirements: that the applicant set forth his or her employment history, provide personal and employment references and relevant experiential and educational informa- tion, and sign a sworn statement indicating whether the applicant, to the best of his or her knowledge, has ever been convicted of a crime in this state or any other jurisdiction AND, IN THE CASE OF A PROSPECTIVE EMPLOYEE, BE FINGERPRINTED FOR PURPOSES OF A CRIMINAL HISTORY BACKGROUND CHECK PURSUANT TO SUBDIVISION (D) OF THIS SECTION;
S 27. Section 4358 of the education law is amended by adding a new subdivision (d) to read as follows: (D) (I) THE DEPARTMENT SHALL REQUIRE, FOR PURPOSES OF A CRIMINAL HISTORY RECORD CHECK, THE FINGERPRINTING OF ALL PROSPECTIVE EMPLOYEES OF THE SCHOOL PURSUANT TO SUBDIVISION THIRTY OF SECTION THREE HUNDRED FIVE AND SECTION THREE THOUSAND THIRTY-FIVE OF THIS CHAPTER, WHO DO NOT HOLD VALID CLEARANCE PURSUANT TO SUCH SECTION THREE THOUSAND THIRTY-FIVE OR PURSUANT TO SECTION THREE THOUSAND FOUR-B OF THIS CHAPTER OR SECTION FIVE HUNDRED NINE-CC OR TWELVE HUNDRED TWENTY-NINE-D OF THE VEHICLE AND TRAFFIC LAW, OR VALID CLEARANCE ISSUED BY THE CITY OF NEW YORK PURSUANT TO LOCAL LAW. PRIOR TO INITIATING THE FINGERPRINTING PROCESS, THE DEPARTMENT SHALL FURNISH THE PROSPECTIVE EMPLOYEE WITH THE FORM DESCRIBED IN PARAGRAPH (C) OF SUBDIVISION THIRTY OF SECTION THREE HUNDRED FIVE OF THIS CHAPTER AND SHALL OBTAIN THE APPLICANT'S CONSENT TO THE CRIMINAL HISTORY RECORDS SEARCH. EVERY SET OF FINGERPRINTS TAKEN PURSUANT TO THIS SUBDIVISION SHALL BE PROMPTLY SUBMITTED TO THE COMMIS- SIONER FOR PURPOSES OF CLEARANCE FOR EMPLOYMENT. (II) NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, THE COMMISSIONER MAY ESTABLISH PROCEDURES FOR THE CONDITIONAL APPOINTMENT OR EMERGENCY CONDITIONAL APPOINTMENT OF PROSPECTIVE EMPLOYEES OF THE SCHOOL BY THE DEPARTMENT TO THE SAME EXTENT AND UNDER THE SAME CONDITIONS AS A BOARD OF EDUCATION OF A UNION FREE SCHOOL DISTRICT PURSUANT TO SUBDIVI- SION THIRTY-NINE OF SECTION SEVENTEEN HUNDRED NINE OF THIS CHAPTER. S 28. Paragraph (a) of subdivision 11 of section 4403 of the education law, as amended by section 4 of part E of chapter 501 of the laws of 2012, is amended to read as follows: (a) consistent with appropriate collective bargaining agreements and applicable provisions of the civil service law, the review and evalu- ation of the backgrounds of and the information supplied by any person applying to be an employee, a volunteer or consultant, which shall include but not be limited to the following requirements: that the applicant set forth his or her employment history, provide personal and employment references, and relevant experiential and educational quali- fications and, sign a sworn statement indicating whether the applicant, to the best of his or her knowledge has ever been convicted of a crime in this state or any other jurisdiction AND, IN THE CASE OF A PROSPEC- TIVE EMPLOYEE, BE FINGERPRINTED FOR PURPOSES OF A CRIMINAL HISTORY BACK- GROUND CHECK PURSUANT TO SUBDIVISION TWENTY-ONE OF THIS SECTION; S 29. Section 4403 of the education law is amended by adding a new subdivision 21 to read as follows: 21. (A) THE COMMISSIONER SHALL REQUIRE, FOR PURPOSES OF A CRIMINAL HISTORY RECORD CHECK, THE FINGERPRINTING OF ALL PROSPECTIVE EMPLOYEES OF APPROVED PRIVATE RESIDENTIAL AND NON-RESIDENTIAL SCHOOLS WHICH ARE LOCATED WITHIN THE STATE BY SUCH SCHOOLS PURSUANT TO SUBDIVISION THIRTY OF SECTION THREE HUNDRED FIVE AND SECTION THREE THOUSAND THIRTY-FIVE OF THIS CHAPTER, EXCEPT WHERE SUCH PROSPECTIVE EMPLOYEES HOLD VALID CLEAR- ANCE PURSUANT TO SUCH SECTION THREE THOUSAND THIRTY-FIVE OR PURSUANT TO SECTION THREE THOUSAND FOUR-B OF THIS CHAPTER OR SECTION FIVE HUNDRED NINE-CC OR TWELVE HUNDRED TWENTY-NINE-D OF THE VEHICLE AND TRAFFIC LAW, OR VALID CLEARANCE ISSUED BY THE CITY OF NEW YORK PURSUANT TO LOCAL LAW. THE PROVISIONS OF THIS SUBDIVISION SHALL NOT APPLY TO PROGRAMS OPERATED PURSUANT TO SECTION FORTY-FOUR HUNDRED EIGHT OF THIS ARTICLE BY A SCHOOL DISTRICT OR BOARD OF COOPERATIVE EDUCATIONAL SERVICES. PRIOR TO INITIAT- ING THE FINGERPRINTING PROCESS, THE SCHOOL SHALL FURNISH THE PROSPECTIVE EMPLOYEE WITH THE FORM DESCRIBED IN PARAGRAPH (C) OF SUBDIVISION THIRTY OF SECTION THREE HUNDRED FIVE OF THIS CHAPTER AND SHALL OBTAIN THE
APPLICANT'S CONSENT TO THE CRIMINAL HISTORY RECORDS SEARCH. EVERY SET OF FINGERPRINTS TAKEN PURSUANT TO THIS SUBDIVISION SHALL BE PROMPTLY SUBMITTED TO THE COMMISSIONER FOR PURPOSES OF CLEARANCE FOR EMPLOYMENT. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, THE COMMIS- SIONER SHALL BE AUTHORIZED TO PROVIDE SUBSEQUENT CRIMINAL HISTORY NOTIFICATIONS TO APPROVED PRIVATE SCHOOLS FOR THEIR EMPLOYEES. (B) NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, THE APPROVED PRIVATE SCHOOL MAY ESTABLISH PROCEDURES FOR THE CONDITIONAL APPOINTMENT OR EMERGENCY CONDITIONAL APPOINTMENT OF PROSPECTIVE EMPLOY- EES OF THE SCHOOL TO THE SAME EXTENT AND UNDER THE SAME CONDITIONS AS A BOARD OF EDUCATION OF A UNION FREE SCHOOL DISTRICT PURSUANT TO SUBDIVI- SION THIRTY-NINE OF SECTION SEVENTEEN HUNDRED NINE OF THIS CHAPTER. S 30. Section 4410 of the education law is amended by adding a new subdivision 9-e to read as follows: 9-E. A. THE COMMISSIONER SHALL REQUIRE, FOR PURPOSES OF A CRIMINAL HISTORY RECORD CHECK, THE FINGERPRINTING OF ALL PROSPECTIVE EMPLOYEES OF APPROVED PROVIDERS OF SPECIAL SERVICES OR PROGRAMS THAT ARE LOCATED WITHIN THE STATE PURSUANT TO SUBDIVISION THIRTY OF SECTION THREE HUNDRED FIVE AND SECTION THREE THOUSAND THIRTY-FIVE OF THIS CHAPTER, EXCEPT WHERE SUCH PROSPECTIVE EMPLOYEES HOLD VALID CLEARANCE PURSUANT TO SECTION THREE THOUSAND THIRTY-FIVE OR THREE THOUSAND FOUR-B OF THIS CHAPTER OR SECTION FIVE HUNDRED NINE-CC OR TWELVE HUNDRED TWENTY-NINE-D OF THE VEHICLE AND TRAFFIC LAW OR A VALID CLEARANCE ISSUED BY THE CITY OF NEW YORK PURSUANT TO LOCAL LAW. AN INDIVIDUAL WHO PROVIDES RELATED SERVICES PURSUANT TO THIS SECTION SHALL BE DEEMED A PROSPECTIVE EMPLOYEE FOR PURPOSES OF THIS SUBDIVISION AND SHALL BE RESPONSIBLE FOR SUBMITTING HIS OR HER FINGERPRINTS TO THE COMMISSIONER FOR PURPOSES OF RECEIVING CLEARANCE FOR EMPLOYMENT PRIOR TO HIS OR HER INCLUSION ON A LIST OF RELATED SERVICE PROVIDERS MAINTAINED BY THE MUNICIPALITY OR BOARD PURSU- ANT TO PARAGRAPH C OF SUBDIVISION NINE OF THIS SECTION. PRIOR TO INITI- ATING THE FINGERPRINTING PROCESS, THE PROVIDER SHALL FURNISH ITS PROSPECTIVE EMPLOYEE WITH THE FORM DESCRIBED IN PARAGRAPH (C) OF SUBDI- VISION THIRTY OF SECTION THREE HUNDRED FIVE OF THIS CHAPTER AND SHALL OBTAIN THE APPLICANT'S CONSENT TO THE CRIMINAL HISTORY RECORDS SEARCH. EVERY SET OF FINGERPRINTS TAKEN PURSUANT TO THIS SUBDIVISION SHALL BE PROMPTLY SUBMITTED TO THE COMMISSIONER FOR PURPOSES OF CLEARANCE FOR EMPLOYMENT. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, THE COMMISSIONER SHALL BE AUTHORIZED TO PROVIDE SUBSEQUENT CRIMINAL HISTORY NOTIFICATIONS TO APPROVED PROVIDERS FOR THEIR EMPLOYEES. IN THE CASE OF A PROSPECTIVE EMPLOYEE WHO IS EMPLOYED BY THE CITY SCHOOL DISTRICT OF THE CITY OF NEW YORK, THE COMMISSIONER SHALL BE AUTHORIZED TO PROVIDE SUBSEQUENT CRIMINAL HISTORY NOTIFICATIONS DIRECTLY TO THE CITY SCHOOL DISTRICT OF THE CITY OF NEW YORK. B. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, THE APPROVED PROVIDER MAY ESTABLISH PROCEDURES FOR THE CONDITIONAL APPOINT- MENT OR EMERGENCY CONDITIONAL APPOINTMENT OF PROSPECTIVE EMPLOYEES OF THE PROVIDER TO THE SAME EXTENT AND UNDER THE SAME CONDITIONS AS A BOARD OF EDUCATION OF A UNION FREE SCHOOL DISTRICT PURSUANT TO SUBDIVISION THIRTY-NINE OF SECTION SEVENTEEN HUNDRED NINE OF THIS CHAPTER. C. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, THE COMMISSIONER MAY ESTABLISH PROCEDURES FOR THE CONDITIONAL APPOINTMENT OR EMERGENCY CONDITIONAL APPOINTMENT OF INDIVIDUALS WHO PROVIDE RELATED SERVICES PURSUANT TO THIS SECTION TO THE SAME EXTENT AND UNDER THE SAME CONDITIONS AS A BOARD OF EDUCATION OF A UNION FREE SCHOOL DISTRICT PURSUANT TO SUBDIVISION THIRTY-NINE OF SECTION SEVENTEEN HUNDRED NINE OF THIS CHAPTER. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRA-
RY, THE COMMISSIONER SHALL PROVIDE EACH MUNICIPALITY OR BOARD IN WHICH SUCH INDIVIDUAL SEEKS TO BE INCLUDED ON A LIST OF RELATED SERVICES OR SPECIAL EDUCATION ITINERANT SERVICES PROVIDERS WITH A COPY OF SUCH INDI- VIDUAL'S CRIMINAL CLEARANCE OR DENIAL OF CRIMINAL CLEARANCE, AND IN THE EVENT OF A DENIAL OF CLEARANCE, SUCH MUNICIPALITY OR BOARD SHALL REMOVE THE INDIVIDUAL FROM SUCH LIST UNLESS CRIMINAL CLEARANCE IS SUBSEQUENTLY ISSUED BY THE COMMISSIONER. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, THE COMMISSIONER SHALL BE AUTHORIZED TO PROVIDE SUBSE- QUENT CRIMINAL HISTORY NOTIFICATIONS TO EACH MUNICIPALITY OR BOARD IN WHICH SUCH INDIVIDUAL IS INCLUDED ON A LIST OF RELATED SERVICE PROVID- ERS. S 31. Section 12 of chapter 147 of the laws of 2001, amending the education law relating to conditional appointment of school district, charter school or BOCES employees, as amended by section 32 of part A of chapter 57 of the laws of 2013, is amended to read as follows: S 12. This act shall take effect on the same date as chapter 180 of the laws of 2000 takes effect[, and shall expire July 1, 2014 when upon such date the provisions of this act shall be deemed repealed]. S 32. The commissioner of education, in consultation with the depart- ment of criminal justice, shall conduct a study or studies (1) of the feasibility and desirability of aligning the fingerprinting process used for criminal history records checks for employment in school districts and boards of cooperative educational services and for certification as a teacher or administrator, to the statewide vendor managed network administered by the division of criminal justice services, and (2) establishing a new fingerprinting process using the statewide vendor managed network administered by the division of criminal justice services for criminal history records checks for licensed professionals under title VIII of the education law. The commissioner of education shall submit a report to the board of regents, the governor and the legislature by no later than January 15, 2014, with recommendations, including appropriate actions that would need to be taken to align the existing fingerprinting process and to establish a new fingerprinting process for licensed professionals under title VIII of the education law with the statewide system and any estimated costs and/or savings associ- ated with movement to the statewide system. S 33. The commissioner of education is authorized to promulgate any and all rules and regulations and take any other measures necessary to implement the provisions of this act on its effective date on or before such date. S 34. This act shall take effect on the one hundred eightieth day after it shall have become a law; provided that: a. section thirty-one of this act shall take effect immediately; b. the provisions of sections one, two, three, four, eighteen, nine- teen, twenty, twenty-two, twenty-three, twenty-four, twenty-five, twen- ty-six, twenty-seven and twenty-eight of this act shall apply to prospective employees of special education schools who are appointed on or after such effective date and to individual providers of preschool related services who are placed on lists maintained by the municipality pursuant to subdivision 9 of section 4410 of the education law on and after such effective date; c. if section 1 of part E of chapter 501 of the laws of 2012 has not taken effect by the effective date of this act, the amendments to subdi- vision 5 of section 1125 of the education law, made by section five of this act, shall take effect on the same date and in the same manner as section 1 of part E of chapter 501 of the laws of 2012 takes effect;
d. the amendments made to subdivision 20 of section 2590-h of the education law by section sixteen of this act shall be subject to the expiration and reversion of such subdivision pursuant to subdivision 12 of section 17 of chapter 345 of the laws of 2009, as amended, when upon such date the provisions of section sixteen-a of this act shall take effect; e. if section 1-a of part E of chapter 501 of the laws of 2012 shall not have taken effect by the effective date of this act, the amendments to paragraph (i) of subdivision (a) of section 4212 of the education law, made by section twenty-two of this act, shall take effect on the same date and in the same manner as section 1-a of part E of chapter 501 of the laws of 2012 takes effect; f. if section 2 of part E of chapter 501 of the laws of 2012 has not taken effect by the effective date of this act, the amendments to para- graph (i) of subdivision (a) of section 4314 of the education law, made by section twenty-four of this act, shall take effect on the same date and in the same manner as section 2 of part E of chapter 501 of the laws of 2012 takes effect; g. if section 3 of part E of chapter 501 of the laws of 2012 has not taken effect by the effective date of this act, the amendments to para- graph (i) of subdivision (a) of section 4358 of the education law, made by section twenty-six of this act, shall take effect on the same date and in the same manner as section 3 of part E of chapter 501 of the laws of 2012 takes effect; and h. if section 4 of part E of chapter 501 of the laws of 2012 has not taken effect by the effective date of this act, the amendments to para- graph (a) of subdivision 11 of section 4403 of the education law, made by section twenty-eight of this act, shall take effect on the same date and in the same manner as section 4 of part E of chapter 501 of the laws of 2012 takes effect.

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