Relates to the fingerprinting of applicants for employment at school districts

Summary of provisions

Section 1 amends paragraph (a) of subdivision 30 of section 305 of the education law to require the fingerprinting of prospective employees using electronic scanning technology, by authorized personnel at desig- nated fingerprinting entities approved by the State Education Depart- ment. Such fingerprinting processes shall require additional identity verification and individual accountability by the applicant and author- ized personnel to ensure the validity of the criminal background check process. This section also requires the records to be retained as busi- ness records for the duration of the individual's employment.

Section 2 amends subparagraph (i) of paragraph (b) of subdivision 30 of section 305 of the education law to omit the reference to "fingerprint cards" and instead specify that "fingerprints will be taken and used".

Section 3 amends paragraph (a) of subdivision 39 of section 1604 of the education law to require the fingerprinting of prospective employees using electronic scanning technology, by authorized personnel at desig- nated fingerprinting entities approved by the State Education Depart- ment. Such fingerprinting processes shall require additional identity verification to ensure the validity of the background check process. This section also requires the records to be retained as business records for the duration of the individual's employment.

Section 4 amends paragraph (a) of subdivision 39 of section 1709 of the education law to require the fingerprinting of prospective employees using electronic scanning technology, by authorized personnel at desig- nated fingerprinting entities approved by the State Education Depart- ment, Such fingerprinting processes shall require additional identity verification to ensure the validity of the background check process. This section also requires the records to be retained as business records for the duration of the individual's employment.

Section 5 amends paragraph (a) of subdivision 9 of section 1804 of the education law to require the fingerprinting of prospective employees using electronic scanning technology, by authorized personnel at desig- nated fingerprinting entities approved by the State Education Depart- ment. Such fingerprinting processes shall require additional identity verification to ensure the validity of the background check process. This section also requires the records to be retained as business records for the duration of the individual's employment.

Section 6 amends subparagraph (a) of paragraph 11 of subdivision 4 of section 1950 of the education law to require the fingerprinting of prospective employees using electronic scanning technology, by author- ized personnel at designated fingerprinting entities approved by the State Education Department. Such fingerprinting processes shall require additional identity verification to ensure the validity of the back- ground check process. This section also requires the records to be retained as business records for the duration of the individual's employment.

Section 7 amends paragraph (a) of subdivision 18 of section 2503 of the education law to require the fingerprinting of prospective employees using electronic scanning technology, by authorized personnel at desig- nated fingerprinting entities approved by the State Education Department Such fingerprinting processes shall require additional identity verifi- cation to ensure the validity of the background check process. This section also requires the records to be retained as business records for the duration of the individual's employment.

Section 8 amends paragraph (a) of subdivision 25 of section 2554 of the education law to require the fingerprinting of prospective employees using electronic scanning technology, by authorized personnel at desig- nated fingerprinting entities approved by the State Education Depart- ment. Such fingerprinting processes shall require additional identity verification to ensure the validity of the background check process. This section also requires the records to be retained as business records for the duration of the individual's employment.

Section 9 amends subparagraph (i) of paragraph a-2 of subdivision 3 of section 2854 of the education law to require the fingerprinting of prospective employees using electronic scanning technology, by author- ized personnel at designated fingerprinting entities approved by the State Education Department. Such fingerprinting processes shall require additional identity verification to ensure the validity of the back- ground check process. This section also requires the records to be retained as business records for the duration of the individual's employment.

Section 10 amends subdivision (1) of section 3004-b of the education law to require the fingerprinting of applicants for certification using electronic scanning technology, by authorized personnel at designated fingerprinting entities approved by the State Education Department. Such fingerprinting processes shall require additional identity verification to ensure the validity of the background check process. This section also requires the records to be retained as business records for the duration of the individual's employment.

Section 11 amends subdivision 4 of section 1950 of the education law by adding a new paragraph oo which expands BOCES authority to conduct fing- erprinting for prospective employees of non-component districts.

Section 12 sets forth an immediate effective date.

Justification

The need for this legislation arose out of a recent incident involving a Long Island middle school principal who allegedly had sex with a minor As news reports unfolded regarding the disturbing allegations, additional information revealed the principal had two crim- inal convictions that existed prior to his employment with the district in 2004. Surprisingly, the two convictions: one for grand larceny (a felony) and the other, petit larceny (a misdemeanor), were not discov- ered despite a mandatory criminal background check that was conducted using the fingerprints submitted as part of his application. State Education officials concluded that the principal managed to submit a false a set of fingerprints.

Upon a review of state statutes and regulations, it was discovered that there is no standard protocol for verifying the identities of prospec- tive school district employees at the time they are fingerprinted for the purpose of conducting a criminal background check, This gap in the law is both troubling and unacceptable. The purpose of fingerprinting prospective employees and applicants for certification, and, conducting criminal background checks is to give an employer and the public a sense of security, particularly when the prospective employee will have direct contact with school-aged children. Without a prescribed protocol to verify the identity of a prospective school district employee at the time his or her fingerprints are taken, the information obtained by a criminal background check has the potential to be inaccurate and unreli- able, thereby placing our children at risk.

This bill will provide a clear, consistent and thorough process for verifying identities of prospective school district employees at the time of being fingerprinted. In addition, it will hold the prospective employee accountable by requiring them to certify to the truthfulness of the information they provide on the paperwork submitted to the Education Department. It is a preferred practice to have the Education Department retain such data and paperwork as business records for the duration of the individual's employment.

Our number one priority remains the safety of our precious children.

Legislative history

New bill

Fiscal implications

None

Effective date

Immediately