Requires private elementary and secondary schools to require prospective employees to submit fingerprints for a criminal history background check

Title of bill

An act to amend the education law, in relation to requiring nonpublic and private elementary and secondary schools to apply to the commissioner of education for criminal history record checks on prospective employees

Purpose

This bill requires private elementary and secondary schools to require prospective employees to submit fingerprints for a criminal history background check.

Summary of provisions

Section one amends subdivision 30 (a) of section 305 of the Education Law. Section 30(a) authorizes the Commissioner of Education and the Division of Criminal Justice Services to require the fingerprinting of prospective employees of non public and private elementary and secondary schools.

Section 2 amends section 30(b) of section 305 of the Education Law to enumerate requirements for the form to be provided to all prospective employees of non public and private elementary and secondary schools.

Section 3 amends paragraph d of subdivision 30 of Section 305 to provide that the Commissioner develop forms for the non public and private schools.

Section 4 amends 3001-d of the Education Law to provide that non-public and private schools may require a criminal history record check.

Justification

Presently, the non-public or private elementary or secondary schools are allowed to require their employees to submit to criminal history record checks.

This bill will authorize those schools to require that their prospective employees must submit their fingerprints. This would allow the schools, if they choose to check out the criminal records, if any, of their prospective employees.

This would require the schools to extend the same protection to their children, that is now required in public schools by virtue of Chapter 180 of the Laws of 2000.

This is the same requirement that public school employees must comply with.

Legislative history

2007 - Passed Senate, Non-Controversial 60-1 Senator Saland/Assembly Education 2008 - Education/Assembly Education

Fiscal implications

Administrative expenses.

Effective date

This act shall take effect on the first of July next succeeding the date on which it shall have become a law; provided, that if chapter 630 of the laws of 2006 shall not have taken effect on or before such effective date, then this act shall take effect on the same date as such chapter takes effect; provided that the amendments to paragraph (d) of subdivision 30 of the education law, made by section three of this act shall not affect the expiration f such paragraph. and shall expire and be deemed repealed therewith.