Bill Text: NY A09287 | 2011-2012 | General Assembly | Introduced


Bill Title: Requires nonpublic and private elementary and secondary schools to require their prospective employees to submit fingerprints through the commissioner of education for the purpose of criminal background checks; authorizes conditional appointment of employees by such schools pending determination of the criminal background check.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Introduced - Dead) 2012-02-14 - referred to education [A09287 Detail]

Download: New_York-2011-A09287-Introduced.html
                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         9287
                                 I N  A S S E M B L Y
                                   February 14, 2012
                                      ___________
       Introduced by M. of A. HIKIND -- read once and referred to the Committee
         on Education
       AN  ACT  to  amend the education law, in relation to requiring nonpublic
         and private elementary and secondary schools to apply to  the  commis-
         sioner  of education for criminal history record checks on prospective
         employees
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  Paragraph  (a)  of  subdivision  30 of section 305 of the
    2  education law, as amended by chapter 630 of the laws of 2006, is amended
    3  to read as follows:
    4    (a) The commissioner, in cooperation with  the  division  of  criminal
    5  justice  services  and  in  accordance with all applicable provisions of
    6  law, shall promulgate rules and regulations to require the  fingerprint-
    7  ing of prospective employees, as defined in section eleven hundred twen-
    8  ty-five of this chapter, of school districts, charter schools and boards
    9  of  cooperative  educational  services  and  [authorizing] REQUIRING the
   10  fingerprinting of prospective employees of nonpublic and private elemen-
   11  tary and secondary schools, and for the use of information derived  from
   12  searches of the records of the division of criminal justice services and
   13  the  federal  bureau  of  investigation based on the use of such finger-
   14  prints. The commissioner shall also develop a form  for  use  by  school
   15  districts,  charter schools, boards of cooperative educational services,
   16  and nonpublic and private elementary and secondary schools in connection
   17  with the submission of fingerprints that contains the specific job title
   18  sought and any other information that may be relevant  to  consideration
   19  of  the  applicant. The commissioner shall also establish a form for the
   20  recordation of allegations of child abuse in an educational setting,  as
   21  required  pursuant to section eleven hundred twenty-six of this chapter.
   22  No person who has been fingerprinted pursuant to section three  thousand
   23  four-b  of  this  chapter or pursuant to section five hundred nine-cc or
   24  twelve hundred twenty-nine-d of the vehicle and traffic  law  and  whose
   25  fingerprints  remain  on  file  with  the  division  of criminal justice
   26  services shall be required to undergo fingerprinting for purposes  of  a
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD04201-02-2
       A. 9287                             2
    1  new  criminal  history  record check. This subdivision and the rules and
    2  regulations promulgated pursuant thereto shall not  apply  to  a  school
    3  district within a city with a population of one million or more.
    4    S  2.  The  opening paragraph and subparagraph (i) of paragraph (b) of
    5  subdivision 30 of section 305 of the education law, as amended by  chap-
    6  ter 630 of the laws of 2006, are amended to read as follows:
    7    The commissioner, in cooperation with the division of criminal justice
    8  services, shall promulgate a form to be provided to all such prospective
    9  employees  of  school  districts, charter schools, boards of cooperative
   10  educational services, and nonpublic and private elementary and secondary
   11  schools [that elect to fingerprint and seek  clearance  for  prospective
   12  employees] that shall:
   13    (i)  inform the prospective employee that the commissioner is required
   14  [or authorized] to request his or her criminal history information  from
   15  the  division  of  criminal  justice  services and the federal bureau of
   16  investigation and review such information pursuant to this section,  and
   17  provide  a  description  of  the  manner in which his or her fingerprint
   18  cards will be used upon submission to the division of  criminal  justice
   19  services;
   20    S  3.  Section 3001-d of the education law, as added by chapter 630 of
   21  the laws of 2006, is amended to read as follows:
   22    S 3001-d. Criminal history record checks and conditional appointments;
   23  nonpublic and private schools.  1. a. "Employee" shall mean any prospec-
   24  tive employee of a nonpublic or private elementary or  secondary  school
   25  [which  requires the fingerprinting of prospective employees pursuant to
   26  this section], or employee of a contracted service  provider  or  worker
   27  placed  within such school under a public assistance employment program,
   28  pursuant to title nine-B of article five of the social services law, and
   29  consistent with the provisions  of  such  title  for  the  provision  of
   30  services  to such school, its students or employees, directly or through
   31  contract, whereby such services performed by such person involve  direct
   32  student  contact. [Any] EVERY nonpublic or private elementary or second-
   33  ary school [which elects to] SHALL submit for  review  criminal  history
   34  information concerning prospective employees [must do so with respect to
   35  each  such  prospective  employee],  as  defined  in  this paragraph, in
   36  accordance with this section.
   37    b. "Volunteer" shall mean any person,  other  than  an  employee,  who
   38  provides  services  to  a  nonpublic  or private elementary or secondary
   39  school [which  elects  to  require  the  fingerprinting  of  prospective
   40  employees  pursuant  to  this  section],  which  involve  direct student
   41  contact.
   42    2. [Any] EVERY nonpublic or private  elementary  or  secondary  school
   43  [may]  SHALL  require,  for  the  purposes  of a criminal history record
   44  check, the fingerprinting  of  all  prospective  employees  pursuant  to
   45  section  three  thousand  thirty-five  of  this article, who do not hold
   46  valid clearance pursuant to such section or pursuant  to  section  three
   47  thousand  four-b  of  this  article  or  section five hundred nine-cc or
   48  twelve hundred twenty-nine-d of the vehicle and traffic  law.  Prior  to
   49  initiating  the  fingerprinting  process, the prospective employer shall
   50  furnish the applicant with the form described in paragraph (c) of subdi-
   51  vision thirty of section three hundred five of this  chapter  and  shall
   52  obtain  the  applicant's  consent to the criminal history record search.
   53  Every set of fingerprints  taken  pursuant  to  this  section  shall  be
   54  promptly submitted to the commissioner for the purposes of clearance for
   55  employment.
       A. 9287                             3
    1    3.  [(a)]  A.  Any nonpublic or private elementary or secondary school
    2  may conditionally appoint a prospective employee. A request  for  condi-
    3  tional clearance [may] SHALL be forwarded to the commissioner along with
    4  the prospective employee's fingerprints. Such appointment may be delayed
    5  until notification by the commissioner that the prospective employee has
    6  been  conditionally  cleared for employment and shall terminate when the
    7  prospective employer is notified of a determination by the  commissioner
    8  to  grant  or deny clearance, provided that if clearance is granted, the
    9  appointment shall continue and the conditional status shall be  removed.
   10  Prior  to  commencement of such conditional appointment, the prospective
   11  employer shall obtain a signed  statement  for  conditional  appointment
   12  from the prospective employee, indicating whether, to the best of his or
   13  her  knowledge,  he  or  she  has  a pending criminal charge or criminal
   14  conviction in any jurisdiction outside the state.
   15    [(b)] B. Any nonpublic or private elementary or secondary  school  may
   16  make  an  emergency conditional appointment when an unforeseen emergency
   17  vacancy has occurred. When such appointment is  made,  the  process  for
   18  conditional  appointment  pursuant to paragraph [(a)] A of this subdivi-
   19  sion [may] SHALL also be initiated.  Emergency  conditional  appointment
   20  may  commence prior to notification from the commissioner on conditional
   21  clearance and shall terminate when the prospective employer is  notified
   22  by  the  commissioner  regarding conditional clearance, provided that if
   23  conditional clearance is granted, the  appointment  may  continue  as  a
   24  conditional appointment.  Prior to the commencement of such appointment,
   25  the  prospective  employer  must obtain a signed statement for emergency
   26  conditional appointment from the prospective employee, indicating wheth-
   27  er, to the best of his or her knowledge, he or she has a pending  crimi-
   28  nal  charge  or  criminal conviction in any jurisdiction. An "unforeseen
   29  emergency vacancy" shall be defined as: (i) a vacancy that occurred less
   30  than ten business days before the start of any school session, including
   31  summer school, or during any school session,  including  summer  school,
   32  without  sufficient  notice to allow for clearance or conditional clear-
   33  ance; (ii) when no other qualified  person  is  available  to  fill  the
   34  vacancy temporarily; and (iii) when emergency conditional appointment is
   35  necessary  to  maintain services which the school is legally required to
   36  provide or services necessary to protect the health, education or safety
   37  of students or staff.
   38    [(c)] C. Each nonpublic or private elementary  or  secondary  school[,
   39  which  elects  to fingerprint prospective employees pursuant to subdivi-
   40  sion two of this section,] shall develop a policy for the safety of  the
   41  children  who have contact with an employee holding conditional appoint-
   42  ment or emergency conditional appointment.
   43    4. [Fees. Notwithstanding any other provision of law to the  contrary,
   44  the  commissioner  is authorized to charge additional fees to applicants
   45  for certificates pursuant to this section in an amount equal to the fees
   46  established pursuant to law by the division of criminal justice services
   47  and the federal bureau of investigation for the searches  authorized  by
   48  this  section.] ALL COSTS OF FINGERPRINTING PROSPECTIVE EMPLOYEES PURSU-
   49  ANT TO THE REQUIREMENTS OF THIS SECTION SHALL BE BORNE  BY  THE  DEPART-
   50  MENT. NO ADDITIONAL FEES SHALL BE CHARGED TO APPLICANTS FOR CERTIFICATES
   51  PURSUANT TO THIS SECTION.
   52    S 4. This act shall take effect July 1, 2012.
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