Requires fingerprinting of prospective employees of special education schools and special act school districts for purposes of a criminal background check

Section 2 of the bill amends subparagraph (vii) of paragraph C of subdivision 30 of section 305 of the Education Law to make the provision requiring the destruction of an employee's fingerprinting records 12 months after termination if the individual is not employed by another public school also apply to employees of special education schools and special act schools and to re-employment in such schools.

Section 3 of the bill amends paragraph d of subdivision 30 of section 305 to make the provision that requires the Commissioner to develop forms to be completed by prospective employees when conditional appointments or emergency conditional appointments are made applicable to special education or special act schools.

Section 4 of the bill adds new paragraphs (f) and (g) to subdivision 30 of section 305 of the Education Law to define special education and special act school districts.

Section 5 of the bill amends subdivision 1 of section 3035 or the Educa- tion Law to make the provision that requires the Commissioner to submit fingerprints to the Division of Criminal Justice Services (DCJS) with required processing fees and requires DCJS to submit the fingerprints to the Federal Bureau of Investigation (FBI) for a criminal records check also applicable to fingerprints received from a special education school or special act school district pursuant to Title 6 of the Education Law, except a special education school located within the City of New York. It also makes the definition of an "employee" that is contained in Education Law § 1125(3) apply to special education and special act schools.

Section 6 of the bill amends subdivision 3 of section 3035 of the Education Law to make the existing procedures for conditional clearances and emergency conditional clearances apply to special education and special act schools. And amends subdivision 3-a of section 3035 to authorize the sharing of criminal history record information on employees of special education and special act schools between the City of New York and the Commissioner to authorize the Division of Criminal Justice Services to provide subsequent criminal history to the Commissioner for employees of special education and special act schools located outside New York City and to the City of New York for special education and special act schools that contract with the New York City School District.

Section 7 of the bill amends paragraph i of subdivision a of section 4212 of the Education Law to require that applicants for employment by 4201 schools be fingerprinted in accordance with subdivision (d) of such section.

Section 8 of the bill adds a new subdivision (d) to section 4212 of the Education Law to require the fingerprinting of all prospective employees of 4201 schools unless they have already received clearance for employment pursuant to sections 3035 or 3004-b of the Education Law (i.e., through a public school or teacher certification) or section 599-cc or 1209-d of the Vehicle and Traffic Law (school bus drivers and attendants) or by the City of New York pursuant to local law. The new subdivision also authorizes the Commissioner to provide subsequent criminal history notifications to the schools. The new subdivision also authorizes conditional appointments and emergency conditional appointments of prospective employees of such schools to the same extent and under the same conditions as a board of education of a union tree school district pursuant to Education Law § 1709(39).

Section 9 of the bill amends paragraph i of subdivision a of section 4314 of the Education Law to require that applicants for employment by the State School for the Blind at Batavia be fingerprinted in accordance with subdivision (d) of such section.

Section 10 of the bill adds a new subdivision (d) to section 4314 of the Education Law to require the fingerprinting of all prospective employees of the State School for the Blind at Batavia unless they have already received clearance for employment pursuant to sections 3035 or 3004-b of the Education Law (i.e., through a public school or teacher certification) or section 599-cc or 1209-d of the Vehicle and Traffic Law (school bus drivers and attendants) or by the City of New York pursuant to local law. The new subdivision also authorizes conditional appointments and emergency conditional appointments of prospective employees of such schools to the same extent and under the same conditions as a board of education of a union free school district pursuant to Education Law § 1709(39).

Section 11 of the bill amends paragraph i of subdivision a of section 4358 of the Education Law to require that applicants for employment by the Stake School for the Deaf at Rome be fingerprinted in accordance with subdivision (d) of such section.

Section 12 of the bill adds a new subdivision (d) to section 4358 of the Education Law to require the fingerprinting of all prospective employees of the State School for the Deaf at Rome unless they have already received clearance for employment pursuant to sections 3035 or 3004-b of the Education Law (i.e. through a public school or teacher certification) or section 599-cc or 1209-d of the Vehicle and Traffic Law (school bus drivers and attendants) or by the City of New York pursuant to local law. The new subdivision also authorizes conditional appointments and emergency conditional appointments of prospective employees of such schools to the same. extent and under the same conditions as a board of education of a union free school district pursuant to Education Law § 1709(39).

Section 13 of the bill amends paragraph a of subdivision II of section 4403 of the Education Law to require that applicants for employment by Chapter 853 schools be fingerprinted in accordance with subdivision 23 of such section.

Section 14 of the bill adds a new subdivision 21 to section 4403 of the Education Law to require the fingerprinting of all prospective employees of Chapter 853 schools unless they have already received clearance for employment pursuant to sections 3035 or 3004-b of the Education Law (i.e., through a public school or teacher certification) or section 599-cc or 1209-d of the Vehicle and Traffic Law (school bus drivers and attendants) or by the City of New York pursuant to local law. The new subdivision also authorizes the Commissioner to provide subsequent criminal history notifications to the schools. The new subdivision also authorizes conditional appointments and emergency conditional appointments of prospective employees of such schools to the same extent and under the same conditions as a board of education of a union free school district pursuant to Education Law § 1709(39). The new subdivision also clarifies that it does not apply to an approved July and August program under Education Law section 4408 that is operated by a school district or BOCES.

Section 15 of the bill adds a new subdivision 9-e to section 4410 of the Education Law to require the fingerprinting of all prospective employees of 4410 providers unless they have already received clearance for employment pursuant to sections 3035 or 3004-b of the Education Law. (i.e. through a public school or teacher certification) or section 599-cc or 1209-d of the Vehicle and Traffic Law (school bus drivers and attendants), or a valid clearance issued by the City of New York pursuant to local law. The new subdivision also clarifies that individual related service providers are responsible for submitting their own fingerprints prior to inclusion of a list maintained by the municipality or board pursuant to subdivision (9) (c) of section 4410). The new subdivision also authorizes the Commissioner to provide subsequent criminal history notifications to the approved providers or to the City School District of the City of New York for its employees. The new subdivision also authorizes conditional appointments and emergency conditional appointments of prospective employees of such schools to the same extent and under the same conditions as a board of education of a union free school district pursuant to Education Law § 1709(39). The new subdivision also clarifies that it does not apply to an approved July and August program under Education Law section 4408 that is operated by a school district or BOCES. Finally, the new subdivision authorizes the Commissioner to provide a copy of the employees' clearance for employment or a denial of clearance to each municipality that employs or has such individual on a list of related service providers.

Section 16 amends subdivision 3 of section 1125 of the Education Law to include persons receiving compensation in special education and special act school districts in the definition of employee, Subdivision 5 of section 1125 of the Education Law is amended to special education and special act schools and school districts in the definition of educational setting.

Section 17 amends subdivision 3 of section 3035 of the Education Law, as such subdivision existed prior to its amendment by Chapter 630 of the Laws of 2006, to assure that the expiration of the amendments made by Chapter 147 will not affect the amendment to subdivision 3 that is needed to provide for clearances by special education or special act schools. This bill section only takes effect if the provisions of Chapter 147 expire and are deemed repealed.

Section 18 extends a school district, charter school or BOCES ability to make conditional hires of prospective employees for two additional years.

Section 19 is the effective date.

Justification

All children attending schools in New York should be equally protected by our laws. Chapter 180 of the Laws of 2000 required prospective employees of school districts, BOCES and charter schools to undergo fingerprinting and criminal background checks prior to employment. Unfortunately, the legislation did not include other various types of publicly-funded schools that serve students with disabilities placed by school district committees on special education and committees on preschool special education. This legislation seeks to close the loophole in the original law. In addition, current law needs to be clarified to ensure that employees of special act school districts are screened. This legislation also establishes standardized practices and procedures for schools to follow which guarantee that allegations of child abuse by school employees and volunteers with direct access.to school children are investigated by appropriate law enforcement authorities. Extending school district, charter school and BOCES authority to make conditional hires of prospective employees for two additional years in important because it allows school districts to fill quickly fill positions in an accelerated time frame.

Legislative history

2007-08: S.5741 - Referred to Finance

Fiscal implications

None.

Effective date

This act would take effect on the 180th day after it shall have become a law, provided that sections 18 and 19 of this act shall take effect immediately; provided further that sections one, two, three, five and six of this act shall take effect on the same date as chapter 630 of the laws of 2006 takes effect; provided further, that the commissioner of education is authorized to promulgate any and all rules and regulations and take any other measures necessary to implement the provisions of this act on its effective date on or before such date; provided further that the provisions of this act shall apply to prospective employees of special education schools or special act school districts who are appointed on or after such effective date and to individual providers of preschool related services who are placed on lists maintained by the municipality pursuant to subdivision 9 of section 4410 of the education law on and after such effective date; provided further that the amendment to paragraph (d) of subdivision 30 of section 305 of the education law made by section three of this act shall not affect that repeal of such paragraph and shall be deemed repealed therewith; and provided further that the amendments to subdivision 3 of section 3035 of the education law, made by section six of this act, shall be subject to the expiration and reversion of such subdivision pursuant to section 12 of Chapter 147 of the Laws of 2001, as amended, when such date the provisions of section seventeen of this act take effect.