Bill Text: NY A02714 | 2017-2018 | General Assembly | Introduced

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Bill Title: Requires school districts to subject prospective volunteers to fingerprinting and background checks prior to commencing work at such school district.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2018-01-03 - referred to education [A02714 Detail]

Download: New_York-2017-A02714-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          2714
                               2017-2018 Regular Sessions
                   IN ASSEMBLY
                                    January 23, 2017
                                       ___________
        Introduced  by  M.  of  A. M. G. MILLER -- read once and referred to the
          Committee on Education
        AN ACT to amend the education  law,  in  relation  to  requiring  school
          districts  to  subject  prospective  volunteers  to fingerprinting and
          background checks prior to commencing work at such school district
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1.  Subdivision  1  of  section 3035 of the education law, as
     2  amended by chapter 630 of the laws  of  2006,  is  amended  to  read  as
     3  follows:
     4    1.  (a)  The  commissioner  shall  submit  to the division of criminal
     5  justice services two sets of fingerprints of  prospective  employees  as
     6  defined  in  subdivision  three of section eleven hundred twenty-five of
     7  this chapter or prospective volunteers as defined in subdivision four of
     8  section eleven hundred twenty-five  of  this  chapter  received  from  a
     9  school  district,  charter  school  or  board of cooperative educational
    10  services and of prospective employees or prospective volunteers received
    11  from nonpublic and private elementary and secondary schools pursuant  to
    12  title two of this chapter, and the division of criminal justice services
    13  processing  fee imposed pursuant to subdivision eight-a of section eight
    14  hundred thirty-seven of the executive law and any  fee  imposed  by  the
    15  federal  bureau  of  investigation.  The  division  of  criminal justice
    16  services and the federal bureau  of  investigation  shall  forward  such
    17  criminal  history record to the commissioner in a timely manner. For the
    18  purposes of this section, the term "criminal history record" shall  mean
    19  a  record  of all convictions of crimes and any pending criminal charges
    20  maintained on an individual by the division of criminal justice services
    21  and the federal bureau  of  investigation.  All  such  criminal  history
    22  records  sent  to the commissioner pursuant to this subdivision shall be
    23  confidential pursuant to the applicable federal and  state  laws,  rules
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02718-01-7
        A. 2714                             2
     1  and  regulations,  and shall not be published or in any way disclosed to
     2  persons other than the commissioner, unless otherwise authorized by law.
     3    (b)  The  commissioner  shall  require  every school district, charter
     4  school or board of cooperative educational services to  submit  a  form,
     5  which shall be prescribed and furnished by the commissioner, which shall
     6  include  a sworn statement certifying that such school district, charter
     7  school or board of cooperative educational services confirmed that  such
     8  prospective  volunteer  is not listed on the state sex offender registry
     9  pursuant to article six-C of the correction law prior to  the  day  such
    10  volunteer  commences  work  at  such  school district, charter school or
    11  board of cooperative educational services.
    12    § 2. This act shall take effect on the first of July  next  succeeding
    13  the date on which it shall have become a law.