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S1710Senate2017-2018 SessionSame asA4530

Check School Employee Backgrounds

Official title

“Provides that certain prospective employees of the department of education have a criminal background check conducted on them”

Sponsor Carl L. MarcellinoSD-5Affects Education
Status
In Senate Committee
Education
Impact
4/10
Low
Passage
0%

Bill progress

Step 2 of 7

In committee · Education

What's happening

This bill allows the Department of Motor Vehicles to share certain cleared prospective employees' criminal history records and fingerprints with the education commissioner for background checks.

Why it matters

  1. Statewide framework. Adds a pathway under state education law, with no geographic restriction, for prospective employees already cleared under either of two specified Vehicle and Traffic Law provisions.

  2. Employee-initiated process. Record forwarding would require the prospective employee’s request; prior motor vehicle clearance would not replace the education commissioner’s criminal history check.

  3. Ongoing notifications. After education employment clearance, the Division of Criminal Justice Services could send subsequent criminal history notifications directly to the education commissioner.

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Who cares

  • Prospective employees with qualifying motor vehicle clearance

    They could request that their existing criminal history records and fingerprints be forwarded for an education employment check.

  • Department of Motor Vehicles

    It would gain authority to forward the specified records upon an eligible prospective employee’s request.

  • Education commissioner

    The commissioner could receive the forwarded records for background checks and subsequent criminal history notifications after employment clearance.

  • Division of Criminal Justice Services

    It would gain authority to send subsequent criminal history notifications directly to the education commissioner once notified of employment clearance.

Headline styles

Check School Employee Backgrounds

Plain English, a few words. Used as the page title.

Sponsors

Primary sponsor
Carl L. Marcellino

Senator · Senate District 5

Chair, Education

No co-sponsors yet.

History

  1. Referred to education
  2. Returned to senate
  3. Died in assembly
  4. Referred to education
  5. Delivered to assembly
  6. Passed senateVote 62–0
  7. Ordered to third reading cal.1405
  8. Committee discharged and committed to rules
  9. Referred to education

Companion bill

The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.

A4530Assembly

Require Education Employee Background Checks

In Assembly Committee · Education · Sponsor Fred Thiele

Impact 4 · Low0% to pass

Full text

1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗

STATE OF NEW YORK

1710

2017-2018 Regular Sessions

IN SENATE

January 10, 2017

Introduced by Sen. MARCELLINO -- read twice and ordered printed, and when printed to be committed to the Committee on Education

AN ACT to amend the education law, in relation to criminal background checks of certain prospective employees

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. Section 3035 of the education law is amended by adding a new subdivision 3-b to read as follows:

3-b. Upon request from a prospective employee who has been cleared by the commissioner of motor vehicles pursuant to section five hundred nine-cc or section twelve hundred twenty-nine-d of the vehicle and traffic law, the department of motor vehicles shall be authorized to forward a copy of such individual's criminal history record and such individual's fingerprints to the commissioner for purposes of conducting a criminal history record check pursuant to this section. Furthermore, upon notification that such prospective employee has been cleared for employment by the commissioner pursuant to this section, the division of criminal justice services shall have the authority to provide subsequent criminal history notifications directly to the commissioner.

§ 2. This act shall take effect immediately.

EXPLANATION--Matter in italics (underscored) is new; matter in brackets

[ ] is old law to be omitted.

LBD05016-01-7

Reflowed for reading: line numbers and page breaks removed. Cite the official text.

Sponsor's memo

Title of bill

An act to amend the education law, in relation to criminal background checks of certain prospective employees

Purpose

To provide administrative relief to the New York State Education Department, and prospective employees in processing fingerprints for bus drivers.

Summary of provisions

Section 1: Amends section 3035 of the education law by adding a new subdivision 3-b, to allow the Department of Motor Vehicles to share their required criminal background check with the Department of Education.

Section 2: Sets forth an immediate effective date.

Justification

Recent years have confronted school districts with unprecedented fiscal challenges. While the economic outlook for the state is steadily improving, it is a legislative priority to provide as much flexibility as possible to school districts to enable them to provide the high quality education we have come to expect for our students. While there are many requirements imposed on school districts that provide educational value, others continue to constrain the creativity of a district to provide services to students and relief to taxpayers.

This bill eliminates duplicative fingerprinting of school bus drivers. Currently, school bus drivers are required to receive clearance from the Department of Motor Vehicles pursuant to section 509-cc of the Vehicle and Traffic law. They are also required to provide a second set of fingerprints to the State Education Department. This bill authorizes the Department of Motor Vehicles to provide such criminal history to the Commissioner of Education, relieving a duplicative administrative burden. This bill provides further authorization to the Division of Criminal Justice to provide subsequent criminal history notifications directly to the Commissioner of Education upon notification that a prospective employee has been cleared for employment.

Legislative history

2016:S.6502 - Passed Senate 2015:S. 2589 - Passed Senate 2013-14:S. 5356 - Veto 576

Fiscal implications

Savings to the New York State Education Department.

Effective date

Immediately.

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.