Relates to the fingerprinting of applicants for employment at school districts

Summary of the provisions of the bill

Section 1 of the bill would amend paragraphs a and b of subdivision 30 of section 305 of the Education Law to make the provisions that require the Commissioner of Education, to promulgate regulations for fingerprinting prospective employees. This section and sections 9 through 12, 14, 15, 17 and 18 would amend Education Law 1604(39)(a), 1790(39)(a), 1804(9) (a), 1950(4) (a), 2503(18) (a), 2554(25) (a), 2854(3) (a-2) (i) and 3004-b(1) to require prospective employees and applicants for certification to be fingerprinted by authorized personnel at designated fingerprinting entities approved by the department, using electronic scanning. It also requires the Commissioner to establish minimum standards and procedures for identification verification to be followed at fingerprinting sites, including a requirement that the prospective employee show two forms of identification to authorized personnel, one of which shall be an official government issued photo identification. The prospective employee must then sign a sworn statement verifying his/her identity and the authorized personnel must sign an affidavit, on a form prescribed by the Commissioner, attesting that he/she verified the photo identification presented and witnessed the employee's signature. The bill would require these records to be retained as business records as defined in subdivision two of section 175.00 of the penal Law for the duration of the individual's employment in a manner prescribed by the Commissioner.

Section 2 of the bill amends paragraph a of subdivision 39 of section 1604 of the education law.

Section 3 amends paragraph a of subdivision 39 of section 1709 of the education law.

Section 4 amends paragraph a of subdivision 9 of section 1804 of the education law.

Section 5 amends subparagraph a of paragraph 11 of subdivision 4 of section 1950 of the education law.

Section 6 amends subdivision 4 of section 1950 of the education law.

Section 7 amends paragraph a of subdivision 18 of section 2503 of the education law.

Section 8 amends paragraph a of subdivision 25 of section 2554.

Section 9 amends subparagraph (i) of paragraph (a-2) of subdivision 3 of section 2854 of the education law

Section 10 amends subdivision 1 of section 3004-b of the education law. Section 11 amends subdivision 1 of section 3035 of the education law.

Section 12 directs the commissioner of education, in consultation with the department of criminal justice to conduct a study.

Section 13 provides 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.

Section 15 outlines the effective date.

Justification

Over the past decade, several pieces of legislation have been enacted to require prospective employees in various settings to be fingerprinted for the purpose of conducting criminal history record checks. In each case, the primary purpose of such legislation is either to protect children or other vulnerable populations from exposure to individuals whose criminal records indicate that they may pose a threat to the health and safety of those in their custody or care or with whom they have direct contact, or to protect valuable resources against the risk of theft. Currently, however, there are gaps in the coverage of these criminal history record check requirements and the protections they provide. This bill seeks to address those gaps.

Phasing-in requirement for electronic fingerprints

Generally, fingerprints are collected across the state at school districts, BOCES, colleges and universities, and law enforcement agencies. Fingerprints are received by the Department in two formats: hard cards containing fingerprints that are collected through the "ink and roll" method and mailed, and scanned fingerprint images captured on a scanner and transmitted electronically via a server. All fingerprint images are delivered by the Department to the state DUB to conduct a state criminal history records check and to forward them to the Federal Bureau of Investigation (FBI) for processing against their criminal record repository.

The Department has taken steps to better ensure the security of fingerprints in recent years by growing the number of fingerprints collected electronically. Approximately 75 percent of fingerprints are collected electronically, which reduces the opportunity for the integrity of fingerprints to be compromised.

While the vast majority of fingerprints received by the Department are transmitted electronically, prospective employees and certificate applicants continue to be able to submit fingerprints on cards using the "ink and roll" method. This bill would phase-in electronic fingerprinting to better reduce the opportunity for tampering because electronic fingerprints are transmitted automatically to the Department via a secure server, whereas "ink and roll" fingerprints are mailed.

Expanding access to fingerprinting sites through the use of boces

The bill would also expand access to fingerprinting sites. Current law limits the ability of BOCES to collect fingerprints to prospective employees of component districts. In order to ensure broad access across the state to electronic fingerprint technology, this bill allows BOCES to process fingerprints to be utilized in criminal history record checks for prospective employees of nonpublic elementary and secondary school, charter schools, and fingerprints for applicants for teacher or administrator certification and for applicants for a charter as a charter. school. The bill provides protection to component school districts by requiring such services to be paid at cost and prohibiting the BOCES from charging any costs incurred in providing such services to its component school districts.

While the vast majority of fingerprints received by the Department are transmitted electronically, prospective employees and certificate applicants continue to be able to submit fingerprints on cards using the "ink and roll" method. By requiring electronic fingerprinting, the Department would reduce the opportunity for tampering because electronic fingerprints are transmitted automatically to the Department via a secure server, whereas "ink and roll" fingerprints are mailed.

Effective date

This act shall take effect on the one hundred eightieth day after it shall have become a law.