S T A T E   O F   N E W   Y O R K
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                                  8658

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            October 14, 2011
                               ___________

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

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

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

  Section  1.  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.  (A)  The  commissioner  shall  submit  to the division of criminal
justice services two sets of fingerprints of  prospective  employees  as
defined  in  subdivision  three of section eleven hundred twenty-five of
this chapter OR PROSPECTIVE VOLUNTEERS AS DEFINED IN SUBDIVISION FOUR 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 OR PROSPECTIVE VOLUNTEERS received
from nonpublic and private elementary and secondary schools pursuant  to
title two of this chapter, 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

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

              

A. 8658                             2

and  regulations,  and shall not be published or in any way disclosed to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