Bill Text: NY S02123 | 2025-2026 | General Assembly | Introduced
Bill Title: Requires background checks and fingerprinting of certain construction contractors working in school facilities; requires the contractors to run such background checks.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced) 2025-01-15 - REFERRED TO CHILDREN AND FAMILIES [S02123 Detail]
Download: New_York-2025-S02123-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 2123 2025-2026 Regular Sessions IN SENATE January 15, 2025 ___________ Introduced by Sen. MARTINEZ -- read twice and ordered printed, and when printed to be committed to the Committee on Children and Families AN ACT to amend the education law, in relation to background checks and fingerprinting; and to amend the social services law, in relation to statewide central registry clearances by construction contractors The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subdivision 3 of section 1125 of the education law, as 2 amended by chapter 363 of the laws of 2018, is amended to read as 3 follows: 4 3. "Employee" shall mean any person: (i) who is receiving compensation 5 from a school or (ii) whose duties involve direct student contact and 6 (a) who is receiving compensation from any person or entity that 7 contracts with a school to provide transportation services to children, 8 or (b) who is an employee of a contracted service provider or worker 9 placed within the school under a public assistance employment program, 10 pursuant to title nine-B of article five of the social services law, or 11 (c) who is receiving compensation from any construction contractor, and 12 consistent with the provisions of such title for the provision of 13 services to such school, its students or employees, directly or through 14 contract. 15 § 2. Paragraph (a) of subdivision 30 of section 305 of the education 16 law, as amended by chapter 630 of the laws of 2006, is amended to read 17 as follows: 18 (a) The commissioner, in cooperation with the division of criminal 19 justice services and in accordance with all applicable provisions of 20 law, shall promulgate rules and regulations to require the fingerprint- 21 ing of prospective employees, as defined in section eleven hundred twen- 22 ty-five of this chapter, of school districts, charter schools [and], 23 boards of cooperative educational services, and construction contractors 24 and authorizing the fingerprinting of prospective employees of nonpublic EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD03083-01-5S. 2123 2 1 and private elementary and secondary schools, and for the use of infor- 2 mation derived from searches of the records of the division of criminal 3 justice services and the federal bureau of investigation based on the 4 use of such fingerprints. The commissioner shall also develop a form for 5 use by school districts, charter schools, boards of cooperative educa- 6 tional services, construction contractors, and nonpublic and private 7 elementary and secondary schools in connection with the submission of 8 fingerprints that contains the specific job title sought or the 9 construction or maintenance project on which the individual will be 10 working, and any other information that may be relevant to consideration 11 of the applicant. The commissioner shall also create or expand the 12 functionality of internet based systems to provide access to 13 construction contractors upon application of the construction contractor 14 to the commissioner to enable them to be able to review fingerprint 15 results and subsequent arrest notifications based on the fingerprint and 16 background check data by logging into a protected web portal, entering 17 in the employee name and social security number, which would provide 18 access to see the fingerprint results. The commissioner shall also 19 establish a form for the recordation of allegations of child abuse in an 20 educational setting, as required pursuant to section eleven hundred 21 twenty-six of this chapter. No person who has been fingerprinted pursu- 22 ant to section three thousand four-b of this chapter or pursuant to 23 section five hundred nine-cc or twelve hundred twenty-nine-d of the 24 vehicle and traffic law and whose fingerprints remain on file with the 25 division of criminal justice services shall be required to undergo fing- 26 erprinting for purposes of a new criminal history record check. This 27 subdivision and the rules and regulations promulgated pursuant thereto 28 shall not apply to a school district within a city with a population of 29 one million or more. 30 § 3. The opening paragraph of paragraph (b) of subdivision 30 of 31 section 305 of the education law, as amended by chapter 630 of the laws 32 of 2006, is amended to read as follows: 33 The commissioner, in cooperation with the division of criminal justice 34 services, shall promulgate a form to be provided to all such prospective 35 employees of school districts, charter schools, boards of cooperative 36 educational services, construction contractors and nonpublic and private 37 elementary and secondary schools that elect to fingerprint and seek 38 clearance for prospective employees that shall: 39 § 4. Paragraph (d) of subdivision 30 of section 305 of the education 40 law, as amended by chapter 630 of the laws of 2006, is amended to read 41 as follows: 42 (d) The commissioner shall develop forms to be provided to all school 43 districts, charter schools, boards of cooperative educational services, 44 construction contractors and to all nonpublic and private elementary and 45 secondary schools that elect to fingerprint their prospective employees, 46 to be completed and signed by prospective employees when conditional 47 appointment or emergency conditional appointment is offered. 48 § 5. Subdivision 31 of section 305 of the education law, as added by 49 chapter 380 of the laws of 2001, is amended to read as follows: 50 31. The commissioner shall direct that each school district, charter 51 school, [and] private elementary and secondary school, and construction 52 contractor appoint a designated educational official for the purposes 53 set forth in section 380.90 of the criminal procedure law, subdivision 54 seventeen of section 301.2 and subdivision three of section 380.1 of the 55 family court act. In addition, the commissioner shall promulgate rules 56 and regulations, in consultation with the office of court adminis-S. 2123 3 1 tration, to facilitate electronic access by the courts to the names and 2 addresses of such designated educational officials. 3 § 6. Subdivision 1 of section 3035 of the education law, as amended by 4 chapter 630 of the laws of 2006, is amended to read as follows: 5 1. [The] Prior to the awarding of a contract to perform services, the 6 commissioner shall submit to the division of criminal justice services 7 two sets of fingerprints of prospective employees as defined in subdivi- 8 sion three of section eleven hundred twenty-five of this chapter 9 received from a school district, charter school or board of cooperative 10 educational services, construction contractors and of prospective 11 employees received from nonpublic and private elementary and secondary 12 schools pursuant to title two of this chapter, and the division of crim- 13 inal justice services processing fee imposed pursuant to subdivision 14 eight-a of section eight hundred thirty-seven of the executive law and 15 any fee imposed by the federal bureau of investigation. The division of 16 criminal justice services and the federal bureau of investigation shall 17 forward such criminal history record to the commissioner in a timely 18 manner. For the purposes of this section, the term "criminal history 19 record" shall mean a record of all convictions of crimes and any pending 20 criminal charges maintained on an individual by the division of criminal 21 justice services and the federal bureau of investigation. All such crim- 22 inal history records sent to the commissioner pursuant to this subdivi- 23 sion shall be confidential pursuant to the applicable federal and state 24 laws, rules and regulations, and shall not be published or in any way 25 disclosed to persons other than the commissioner, unless otherwise 26 authorized by law. 27 § 7. Subdivision 3 of section 3035 of the education law, as amended by 28 chapter 630 of the laws of 2006, is amended to read as follows: 29 3. (a) Clearance. (i) After receipt of a criminal history record from 30 the division of criminal justice services and the federal bureau of 31 investigation the commissioner shall promptly notify the appropriate 32 school district, charter school, board of cooperative educational 33 services, construction contractors or nonpublic or private elementary or 34 secondary school whether the prospective employee to which such report 35 relates is cleared for employment or for access to the proposed project 36 to perform construction and/or maintenance work based upon [his or her] 37 such prospective employee's criminal history. All determinations to 38 grant or deny clearance for employment pursuant to this paragraph shall 39 be performed in accordance with subdivision sixteen of section two 40 hundred ninety-six of the executive law and article twenty-three-A of 41 the correction law. When the commissioner denies a prospective employee 42 clearance for employment, such prospective employee shall be afforded 43 notice and the right to be heard and offer proof in opposition to such 44 determination in accordance with the regulations of the commissioner. 45 (ii) Notwithstanding any other provisions of law to the contrary, 46 information regarding the results of the investigation of current or 47 prospective employees of construction contractors and subsequent changes 48 in status related to such employees shall be transmitted via an inter- 49 net-based system made available to construction contractors upon appli- 50 cation of the construction contractor to the commissioner where, by 51 logging into a protected web portal and entering in the employee name 52 and social security number, and construction contractors would be able 53 to access fingerprint results, whether the employee first completed a 54 form provided to them by the construction contractors, or received a 55 form previously from a school district, charter school or board of coop- 56 erative educational services. Nothing in this section shall require anS. 2123 4 1 employee who has already submitted their fingerprints to the commission- 2 er to have to submit them again, so long as they were not destroyed. 3 (b) Conditional clearance. When the commissioner receives a request 4 for a determination on the conditional clearance of a prospective 5 employee, the commissioner, after receipt of a criminal history record 6 from the division of criminal justice services, shall promptly notify 7 the prospective employee and the appropriate school district, charter 8 school, board of cooperative educational services, construction contrac- 9 tors or nonpublic or private elementary or secondary school that the 10 prospective employee to which such report relates is conditionally 11 cleared for employment or work on a construction or maintenance project 12 based upon [his or her] such prospective employee's criminal history or 13 that more time is needed to make the determination. If the commissioner 14 determines that more time is needed, the notification shall include a 15 good faith estimate of the amount of additional time needed. Such 16 notification shall be made within fifteen business days after the 17 commissioner receives the prospective employee's fingerprints. All 18 determinations to grant or deny conditional clearance for employment 19 pursuant to this paragraph shall be performed in accordance with subdi- 20 vision sixteen of section two hundred ninety-six of the executive law 21 and article twenty-three-A of the correction law. 22 § 8. Section 1125 of the education law is amended by adding a new 23 subdivision 11 to read as follows: 24 11. "Construction contractor" shall mean any individual or entity 25 seeking permission either through a bid or otherwise to perform 26 construction and/or maintenance work on facilities occupied at any point 27 by students of the school district, charter school, board of cooperative 28 educational services, or nonpublic school. 29 § 9. Subdivision 3 of section 424-a of the social services law, as 30 amended by chapter 611 of the laws of 2022, is amended to read as 31 follows: 32 3. For purposes of this section, the term "provider" or "provider 33 agency" shall mean: an authorized agency; the office of children and 34 family services; a private, nonprofit incorporated agency that meets the 35 state office of children and family services program standards for child 36 advocacy centers; juvenile detention facilities subject to the certif- 37 ication of the office of children and family services; programs estab- 38 lished pursuant to article nineteen-H of the executive law; non-residen- 39 tial or residential programs or facilities licensed or operated by the 40 office of mental health or the office for people with developmental 41 disabilities except family care homes; including head start programs 42 which are funded pursuant to title V of the federal economic opportunity 43 act of nineteen hundred sixty-four, as amended; early intervention 44 service established pursuant to section twenty-five hundred forty of the 45 public health law; preschool services established pursuant to section 46 forty-four hundred ten of the education law; construction contractors as 47 defined in subdivision eleven of section eleven hundred twenty-five of 48 the education law; special act school districts as enumerated in chapter 49 five hundred sixty-six of the laws of nineteen hundred sixty-seven, as 50 amended; programs and facilities licensed by the office of [alcoholism51and substance abuse] addiction services and supports; residential 52 schools which are operated, supervised or approved by the education 53 department; health homes, or any subcontractor of such health homes, who 54 contracts with or is approved or otherwise authorized by the department 55 of health to provide health home services to all those enrolled pursuant 56 to a diagnosis of a developmental disability as defined in subdivisionS. 2123 5 1 twenty-two of section 1.03 of the mental hygiene law and enrollees who 2 are under twenty-one years of age under section three hundred sixty- 3 five-l of this chapter, or any entity that provides home and community 4 based services to enrollees who are under twenty-one years of age under 5 a demonstration program pursuant to section eleven hundred fifteen of 6 the federal social security act; publicly-funded emergency shelters for 7 families with children, provided, however, for purposes of this section, 8 when the provider or provider agency is a publicly-funded emergency 9 shelter for families with children, then all references in this section 10 to the "potential for regular and substantial contact with individuals 11 who are cared for by the agency" shall mean the potential for regular 12 and substantial contact with children who are served by such shelter; 13 and any other facility or provider agency, as defined in subdivision 14 four of section four hundred eighty-eight of this chapter, in regard to 15 the employment of staff, or use of providers of goods and services and 16 staff of such providers, consultants, interns and volunteers. 17 § 10. Paragraph (a) of subdivision 2 of section 390-a of the social 18 services law, as amended by chapter 416 of the laws of 2000, is amended 19 to read as follows: 20 (a) review and evaluate the backgrounds of and information supplied by 21 any person applying to be a child day care center or school-age child 22 care program employee or volunteer or group family day care assistant, a 23 provider of family day care or group family day care, or a director of a 24 child day care center, head start day care center or school-age child 25 care program or a construction contractor, or a construction contrac- 26 tor's employee who services any of these entities. Such procedures shall 27 include but not be limited to the following requirements: that the 28 applicant set forth [his or her] such applicant's employment history, 29 provide personal and employment references; submit such information as 30 is required for screening with the statewide central register of child 31 abuse and maltreatment in accordance with the provisions of section four 32 hundred twenty-four-a of this article; sign a sworn statement indicating 33 whether, to the best of [his or her] their knowledge, [he or she has] 34 have ever been convicted of a crime in this state or any other jurisdic- 35 tion; and provide [his or her] fingerprints for submission to the divi- 36 sion of criminal justice services in accordance with the provisions of 37 section three hundred ninety-b of this title. Notwithstanding the 38 provisions of this paragraph, where a program has people working on 39 their premises through a construction contractor as defined in subdivi- 40 sion eleven of section eleven hundred twenty-five of the education law 41 and such construction contractor has properly performed checks on its 42 employees as a provider or provider agency under section four hundred 43 twenty-four-a of this chapter, then such program does not need to run 44 the check itself on the construction contractor employees working on 45 their site; 46 § 11. This act shall take effect immediately; provided however that 47 the amendments to section 1125 of the education law made by section one 48 of this act shall take effect on the same date and in the same manner as 49 chapter 363 of the laws of 2018, takes effect.
