Relates to fingerprinting of prospective employees of private special education schools; repealer

Section 2: Section 2 amends subparagraph (vii) of paragraph (c) of subdivision 30 of section 305 of the education law, as amended by chapter 630 of the laws of 2006, to include special education schools.

Section 3: Section 3 amends paragraph (d) of subdivision 30 of section 305 of the education law, as amended by chapter 630 of the laws of 2006, to include special education schools.

Section 4: Section 4 adds a new paragraph (f) to subdivision 30 of section 305 of the education law, to define "special education school". Section 5: Section 5 amends subdivisions 3, 4, 5, and 6 of section 1125 of the education law, subdivisions 3, 4, and 6 as added by chapter 180 of the laws of 2000 and subdivision 5 as amended by section 1 of part E of chapter 501 of the laws of 2012, as well as adding a new subdivision 10, by adding non-residential special education school or program to such definitions and clarifying where such term shall not apply. Section 5 further defines "non-residential special education school".

Section 6: Section 6 amends subdivision 2 of section 1126 of the education law, as added by chapter 180 of the laws of 2000, by clarifying that in an instance of abuse by an employee or volunteer at a non-residential special education school, such report shall be forwarded to the administrator of such school.

Section 7: Section 7 amends subdivision 1 of section 1128-a of the education law, as added by chapter 180 of the laws of 2000, by adding school administrator to the provision outlining to where a superintendent is to report instances of abuse.

Section 8: Section 8 amends subdivision 3 of section 1133 of the education law, as added by chapter 180 of the laws of 2000, by adding school administrator to the provision absolving liability if such school administrator reports instances of abuse to the commissioner.

Section 9: Section 9 amends paragraph a of subdivision 39 of section 1604 of the education law, as amended by chapter 147 of the laws of 2001 by providing that prospective employees, including those from out of state, are fingerprinting electronically in a manner as prescribed by the commissioner in cooperation with the DCJS. Such applicant will have to also provide a photograph and verification of their identity. All prospective employees shall sign an attestation that at the time of the fingerprinting, he or she presented two forms of proper ID (with at least one providing a photograph) and that he or she submitted his or her own fingerprints in support of the criminal history background check. The department shall retain such attestation as a business record.

Section 10: Section 10 amends paragraph a of subdivision 39 of section 1709 of the education law, as amended by chapter 147 of the laws of 2001, by providing that prospective employees, including those from out of state, are fingerprinting electronically in a manner as prescribed by the commissioner in cooperation with the DCJS. Such applicant will have to also provide a photograph and verification of their identity. All prospective employees shall sign an attestation that at the time of the fingerprinting, he or she presented two forms of proper ID (with at least one providing a photograph) and that he or she submitted his or her own fingerprints in support of the criminal history background check. The department shall retain such attestation as a business record.

Section 11: Section 11 amends paragraph a of subdivision 9 of section 1804 of the education law, as amended by chapter 147 of the laws of 2001, by providing that prospective employees, including those from out of state, are fingerprinting electronically in a manner as prescribed by the commissioner in cooperation with the DCJS. Such applicant will have to also provide a photograph and verification of their identity. All prospective employees shall sign an attestation that at the time of the fingerprinting, he or she presented two forms of proper ID (with at least one providing a photograph) and that he or she submitted his or her own fingerprints in support of the criminal history background check. The department shall retain such attestation as a business record.

Section 12: Section 12 amends subparagraph 4 of paragraph h of subdivision 4 of section 1950 of the education law, as amended by chapter 17 of the laws of 2011, by removing the requirement of BOCES to process the fingerprints of nonpublic school employees who choose to fingerprint their prospective employees.

Section 13: Section 13 amends subparagraph a of paragraph 11 of subdivision 4 of section 1950 of the education law, as amended by chapter 147 of the laws of 2001, by providing that prospective employees, including those from out of state, are fingerprinting electronically in a manner as prescribed by the commissioner in cooperation with the DCJS. Such applicant will have to also provide a photograph and verification of their identity. All prospective employees shall sign an attestation that at the time of the fingerprinting, he or she presented two forms of proper ID (with at least one providing a photograph) and that he or she submitted his or her own fingerprints in support of the criminal history background check. The department shall retain such attestation as a business record.

Section 14: Section 14 amends paragraph a of subdivision 18 of section 2503 of the education law, as amended by chapter 147 of the laws of 2001, by providing that prospective employees, including those from out of state, are fingerprinting electronically in a manner as prescribed by the commissioner in cooperation with the DCJS. Such applicant will have to also provide a photograph and verification of their identity. All prospective employees shall sign an attestation that at the time of the fingerprinting, he or she presented two forms of proper ID (with at least one providing a photograph) and that he or she submitted his or her own fingerprints in support of the criminal history background check. The department shall retain such attestation as a business record.

Section 15: Section 15 amends paragraph a of subdivision 25 of section 2554 of the education law, as amended by section 2 of chapter 91 of the laws of 2002, by providing that prospective employees, including those from out of state, are fingerprinting electronically in a manner as prescribed by the commissioner in cooperation with the DCJS. Such applicant will have to also provide a photograph and verification of their identity. All prospective employees shall sign an attestation that at the time of the fingerprinting, he or she presented two forms of proper ID (with at least one providing a photograph) and that he or she submitted his or her own fingerprints in support of the criminal history back ground check. The department shall retain such attestation as a business record.

Sections 16 and 16-a: Sections 16 and 16-a amend subdivision 20 of section 2590-h of the education law, as amended by chapter 345 of the laws of 2009, and subdivision 20 of section 2590-h of the education law, as amended by chapter 100 of the laws of 2003, respectively, by empowering the chancellor of the city of New York school district to require the taking of fingerprints as a prerequisite for licensure and/or employment of personnel employed by a special education school that contracts with the city of New York.

Section 17: Section 17 amends subparagraph (i) of paragraph (a-2) of subdivision 3 of section 2854 of the education law, as amended by chapter 147 of the laws of 2001, by providing that prospective employees, including those from out of state, are fingerprinting electronically in a manner as prescribed by the commissioner in cooperation with the DCJS. Such applicant will have to also provide a photograph and verification of their identity. Al! prospective employees shall sign an attestation that at the time of the fingerprinting, he or she presented two forms of proper ID (with at least one providing a photograph) and that he or she submitted his or her own fingerprints in support of the criminal history background check. The department shall retain such attestation as a business record.

Section 18: Section 18 amends subdivision 1 of section 3004-b of the education law, as separately amended by chapters 147 and 380 of the laws of 2001, by providing that prospective employees, including those from out of state, are fingerprinting electronically in a manner as prescribed by the commissioner in cooperation with the DCJS. Such applicant will have to also provide a photograph and verification of their identity. All prospective employees shall sign an attestation that at the time of the fingerprinting, he or she presented two forms of proper ID (with at least one providing a photograph) and that he or she submitted his or her own fingerprints in support of the criminal history background check. The department shall retain such attestation as a business record.

Section 19: Section 19 amends paragraph b of subdivision 2 of section 3020-a of the education law, as amended by section 1 of part B of chapter 57 of the laws of 2012, by including a felony crime involving the submission of false information or the commission of fraud related to a criminal history check as a means for an expedited removal process.

Section 20: Section 20 amends subdivision 1 of section 3035 of the education law, as amended by chapter 630 of the laws of 2006, by allowing the commissioner to submit one set of fingerprints to DCJS as well as including special education schools outside of the city of New York.

Section 21: Section 21 amends subdivisions 3 and 3-a of section 3035 of the education law, subdivision 3 as amended by section 7 of chapter 630 of the laws of 2006, and subdivision 3-a as added by chapter 380 of the laws of 2001, by adding special education schools and that for due process proceedings pending from a denial of employment by the commissioner, prospective employees of state schools created pursuant to article eighty-seven and eighty-eight of the education law shall be pursuant to section fifty of the civil service law.

Section 22: Section 22 amends paragraph (i) of subdivision (a) of section 4212 of the education law, as amended by section 1-a of part E of chapter 501 of the laws of 2012, by requiring prospective employees of schools for the blind and deaf (4201 Schools) be fingerprinted for purposes of criminal background checks.

Section 23: Section 23 adds a new subdivision (c) to section 4212 of the education law that further clarifies fingerprinting requirements for prospective employees at schools for the blind and deaf (4201 Schools) and outlines exceptions thereto.

Section 24: Section 24 amends paragraph (i) of subdivision (a) of section 4314 of the education law, as amended by section 2 of part E of chapter 501 of the laws of 2012, by requiring prospective employees of schools for the blind to be fingerprinted.

Section 25: Section 25 adds a new subdivision (c) to section 4314 of the education law that further clarifies fingerprinting requirements for prospective employees at schools for the blind and outlines exceptions thereto.

Section 26: Section 26 amends paragraph (i) of subdivision (a) of section 4358 of the education law, as amended by section 3 of part E of chapter 501 of the laws of 2012, by requiring prospective employees of schools for the deaf to be fingerprinted.

Section 27: Section 27 adds a new subdivision (c) to section 4358 of the education law that further clarifies fingerprinting requirements for prospective employees at schools for the deaf and outlines exceptions thereto.

Section 28: Section 28 amends paragraph (a) of subdivision 11 of section 4403 of the education law, as amended by section 4 of part E of chapter 501 of the laws of 2012, by requiring prospective employees at approved private residential and non-residential schools to be fingerprinted. Section 29: Section 29 adds a new subdivision 21 to section 4403 of the education law that further clarifies that fingerprinting requirements for prospective employees at approved private residential and non-residential schools and outlines exceptions thereto.

Section 30: Section 30 adds a new section subdivision 9-e to section 4410 of the education law by requiring the fingerprinting of prospective employees at preschool special education programs and outlines exceptions thereto.

Section 31: Section 31 amends section 12 of chapter 147 of the laws of 2001, amending the education law relating to conditional appointment of school district, charter school or BOCES employees, as amended by section 18 of part A of chapter 56 of the laws of 2014, by making such provisions permanent.

Section 32: Section 32 provides that the commissioner is authorized to promulgate any regulations needed to implement the provisions of this act.

Section 33: Section 33 amends section 34 of chapter 91 of the laws of 2002, amending the education law and other laws relating to the reorganization of the New York city school construction authority, board of education, and community boards, as amended by chapter 345 of the laws of 2009, by removing the provision which provides that the amendments to subdivision 25 of section 2554 of the education law made by section two 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 upon such date the provisions of section four of this act shall take effect.

Section 34: Section 34 repeals section 4 of chapter 91 of the laws of 2002, amending the education law and other laws relating to the reorganization of the New York city school construction authority, board of education, and community boards.

Section 35: Section 35 outlines the effective dates.

Justification

The State Education Department (SED) is in the process of transitioning to a statewide electronic fingerprinting database, used by several state agencies and managed by the Division of Criminal Justice Services (DCJS), for prospective employees of school districts, special education schools, charter schools, private schools (should those schools choose to fingerprint their employees), and BOCES. This legislation would, among other things, include special education schools under the auspices of electronic fingerprinting; ensure that out of state prospective employees are under the requirements of electronic fingerprinting; and that a formalized process is adhered to so as to significantly diminish the possibility of a person who has a criminal history from gaining employment in a school, while also providing law enforcement with greater flexibility in bringing a person to justice if such person commits a fraud.

It is imperative that the State takes all measures to ensure that a person with a criminal history does not have an opportunity to work in our schools, in particular, amongst our children. This legislation would make significant strides in ensuring our schools are protected and that uniform measures are implemented throughout the State.

Legislative history

2015: S. 3214 Passed Senate / A. 6600 Education

Fiscal implications

None.

Effective date

This act shall take effect on July 1, 2017; provided that:(a) section 31 shall take effect immediately; (b) the provisions sections 1, 2, 3, 4, 18, 19, 20, 22, 23, 24, 25, 26, 27, and 28 of this act shall apply to prospective employees of special education schools who are appointed on or after such effective date and to individual providers of pre-school 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; (c) the amendments to subdivision 20 of section 2590-h of the education law made by section 16 of this act shall be subject to the expiration and reversion of such subdivision pursuant to subdivision 12 of section 17 of chapter 345 of the laws of 2009, as amended, when upon such date the provisions of section 16-a of this act shall take effect; and (d) the amendments to paragraph a of subdivision 25 of section 2554 of the education law made by section 15 of this act shall not affect the expiration of such subdivision and shall be deemed expired therewith.