Relates to conditional appointment of school district, charter school or BOCES employees, in relation to extending the effectiveness thereof.
Ayes (60): Adams, Addabbo, Alesi, Aubertine, Bonacic, Breslin, DeFrancisco, Diaz, Dilan, Duane, Espada, Farley, Flanagan, Foley, Fuschillo, Golden, Griffo, Hannon, Hassell-Thomps, Huntley, Johnson C, Johnson O, Klein, Krueger, Kruger, Lanza, LaValle, Leibell, Libous, Little, Marcellino, Maziarz, McDonald, Montgomery, Nozzolio, Onorato, Oppenheimer, Padavan, Parker, Peralta, Perkins, Ranzenhofer, Robach, Saland, Sampson, Savino, Schneiderman, Serrano, Seward, Skelos, Smith, Squadron, Stachowski, Stavisky, Stewart-Cousins, Thompson, Valesky, Volker, Winner, Young
Excused (2): Larkin, Morahan
TITLE OF BILL: An act 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 extending the effectiveness thereof
PURPOSE: This legislation would extend existing law that enables school districts to provide an employee with 45 days of conditional clearance to begin work while background checks are being completed.
SUMMARY OF PROVISIONS: This bill would amend section 12 of chapter 147 of the laws of 200 I as last amended by chapter 179 of the laws of 2009 to extend the effective date until July 1, 2012.
JUSTIFICATION: Conditional clearance for employees is sometimes necessary because of delays in background checks conducted by the state education department (SED) through the Division of criminal Justice Services (DCJS) and the Federal Bureau of Investigation (FBI). This section of law was revised last year to cap the length of a conditional clearance at 45 days, with a possibility of an extension for good cause. At that time, the law was extended for only a single year, to allow evaluation of the efficacy of the 45 day cap in discouraging delays due to negligence or forgetfulness. The 45 day cap does appear to have brought improvements to the system, and this bill would extend the law for an additional two years.
LEGISLATIVE HISTORY: This is a new bill; however this provision has previously been extended in: 2009: Chapter 179; 2007: Chapter 90; 2005: Chapter 127 2003: Chapter 100. This provision originally became law in 2001 as Chapter 147.
FISCAL IMPLICATIONS: This Bill is not expected to have any cost to the state.
EFFECTIVE DATE: This act shall take effect immediately.
STATE OF NEW YORK ________________________________________________________________________ 7817--A IN SENATE May 13, 2010 ___________Introduced by Sen. OPPENHEIMER -- read twice and ordered printed, and when printed to be committed to the Committee on Education -- commit- tee discharged, bill amended, ordered reprinted as amended and recom- mitted to said committee AN ACT 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 extending the effectiveness thereof THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. 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 chapter 179 of the laws of 2009, 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,
2011 when upon such date the provisions of this act shall be deemed repealed. S 2. This act shall take effect immediately.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD17101-02-0