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This bill requires electronic fingerprinting and background checks for prospective employees of private special education schools and strengthens related verification and fraud prevention measures.
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Fingerprint Checks for School Hires
Plain English, a few words. Used as the page title.
Sponsors
1 Co-sponsor
History
- Reported and committed to finance
- Referred to education
- Returned to senate
- Died in assembly
- Referred to education
- Delivered to assembly
- Passed senateVote 60–0
- Advanced to third reading
- 2nd report cal.
- 1st report cal.1175
- 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.
Fingerprint Checks for School Hires
In Assembly Committee · Education · Sponsor Catherine Nolan
Full text
18 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
5207
2017-2018 Regular Sessions
IN SENATE
March 15, 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 requiring the fingerprinting of prospective employees of approved private special education schools, phasing-in a requirement that all fingerprints submitted by prospective employees and applicants for… Show allHide
AN ACT to amend the education law, in relation to requiring the fingerprinting of prospective employees of approved private special education schools, phasing-in a requirement that all fingerprints submitted by prospective employees and applicants for certification be electronically submitted, strengthening identification verification practices for the purpose of conducting criminal history record checks and enhancing existing statutory mechanisms to expedite the removal of persons who commit fingerprint fraud, to amend chapter 147 of the laws of 2001, amending the education law relating to conditional appointment of school district, charter school or BOCES employees, in relation to making permanent certain provisions relating to conditional clearances for employment, and to amend 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, in relation to the effectiveness thereof; and to repeal 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, relating thereto
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Paragraphs (a) and (b) of subdivision 30 of section 305 of the education law, paragraph (a) and the opening paragraph and subparagraph (i) of paragraph (b) as amended by chapter 630 of the laws of 2006, paragraph (b) as added by chapter 180 of the laws of 2000, are amended to read as follows:
(a) The commissioner, in cooperation with the division of criminal justice services and in accordance with all applicable provisions of law, shall promulgate rules and regulations to require the fingerprint-
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10319-01-7
S. 5207 2
ing of prospective employees, as defined in section eleven hundred twenty-five of this chapter, of school districts, charter schools and boards of cooperative educational services, and special education schools, and authorizing the fingerprinting of prospective employees of nonpublic and private elementary and secondary schools, and for the use of information derived from searches of the records of the division of criminal justice services and the federal bureau of investigation based on the use of such fingerprints. The commissioner shall also develop a form for use by school districts, charter schools, boards of cooperative educational services, special education schools, and nonpublic and private elementary and secondary schools in connection with the submission of fingerprints that contains the specific job title sought and any other information that may be relevant to consideration of the applicant. Prospective employees, including out-of-state applicants, shall be fingerprinted using electronic scanning technology in a manner prescribed by the commissioner in rules and regulations developed in cooperation with the division of criminal justice services, which shall include but not be limited to standards for the submission of electronic fingerprints, photographs and verification of the identity of prospective employees. Out-of-state prospective employees, who submit fingerprint cards and are not fingerprinted electronically pursuant to the requirements of this paragraph shall be fingerprinted electronically prior to employment within the state. The prospective employee shall sign an attestation, on a form prescribed by the commissioner, attesting that: at the time of fingerprinting, he or she presented two forms of proper identification, with at least one providing a photograph; and he or she submitted his or her own fingerprints in support of the criminal history background check provided for in this section. This attestation shall be retained by the department as a business record as defined in subdivision two of section 175.00 of the penal law in a manner prescribed in regulations of the commissioner. The commissioner shall also establish a form for the recordation of allegations of child abuse in an educational setting, as required pursuant to section eleven hundred twenty-six of this chapter. No person who has been fingerprinted pursuant to section three thousand four-b of this chapter or pursuant to section five hundred nine-cc or twelve hundred twenty-nine-d of the vehicle and traffic law and whose fingerprints remain on file with the division of criminal justice services shall be required to undergo fingerprinting for purposes of a new criminal history record check. This subdivision and the rules and regulations promulgated pursuant thereto shall not apply to a school district within a city with a population of one million or more, or to special education schools located within such city.
(b) The commissioner, in cooperation with the division of criminal justice services, shall promulgate a form to be provided to all such prospective employees of school districts, charter schools, boards of cooperative educational services, special education schools and nonpublic and private elementary and secondary schools that elect to fingerprint and seek clearance for prospective employees that shall:
(i) inform the prospective employee that the commissioner is required or authorized to request his or her criminal history information from the division of criminal justice services and the federal bureau of investigation and review such information pursuant to this section, and provide a description of the manner in which his or her [fingerprint cards] fingerprints will be taken and used upon submission to the division of criminal justice services;
S. 5207 3
(ii) inform the prospective employee that he or she has the right to obtain, review and seek correction of his or her criminal history information pursuant to regulations and procedures established by the division of criminal justice services.
§ 2. 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, is amended to read as follows:
(vii) been informed that in the event his or her employment is terminated and such person has not become employed in the same or another school district, charter school, board of cooperative educational services, special education school or nonpublic or private elementary or secondary school within twelve-months of such termination, the commissioner shall notify the division of criminal justice services of such termination, and the division of criminal justice services shall destroy the fingerprints of such person. Such person may request that the commissioner notify the division of criminal justice services that his or her fingerprints shall be destroyed prior to the expiration of such twelve month period in which case the commissioner shall notify the division of criminal justice services and the division shall destroy the fingerprints of such person promptly upon receipt of the request; and
§ 3. Paragraph (d) of subdivision 30 of section 305 of the education law, as amended by chapter 630 of the laws of 2006, is amended to read as follows:
(d) The commissioner shall develop forms to be provided to all school districts, charter schools, boards of cooperative educational services, special education schools and to all nonpublic and private elementary and secondary schools that elect to fingerprint their prospective employees, to be completed and signed by prospective employees when conditional appointment or emergency conditional appointment is offered.
§ 4. Subdivision 30 of section 305 of the education law is amended by adding a new paragraph (f) to read as follows:
(f) As used in this section and section three thousand thirty-five of this chapter, "special education school" shall mean a state school operated pursuant to article eighty-seven or eighty-eight of this chapter, a state-supported school operated pursuant to article eighty-five of this chapter, an approved private non-residential or residential school for the education of students with disabilities that is located within the state, or an approved provider of preschool special education services or programs that is located within the state; provided that such term shall not apply to a school or facility operated or licensed by a state agency other than the department, unless such school or facility is also an approved private school for students with disabilities or an approved provider under section forty-four hundred ten of this chapter.
§ 5. 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, are amended and a new subdivision 10 is added to read as follows:
3. "Employee" shall mean any person receiving compensation from a school district, non-residential special education school or program, or employee of a contracted service provider or worker placed within the school under a public assistance employment program, pursuant to title nine-B of article five of the social services law, and consistent with the provisions of such title for the provision of services to such district, its students or employees, directly or through contract,
S. 5207 4
whereby such services performed by such person involve direct student contact.
4. "Volunteer" shall mean any person, other than an employee, who provides services to a school or school district or non-residential special education school or program, which involve direct student contact.
5. "Educational setting" shall mean the building and grounds of a public school district, non-residential special education school or program, the vehicles provided by the school district for the transportation of students to and from school buildings, field trips, co-curricular and extra-curricular activities both on and off school district grounds, all co-curricular and extra-curricular activity sites, and any other location where direct contact between an employee or volunteer and a child has allegedly occurred, except that such term shall not apply to the residential component of a facility, as defined in section four hundred eighty-eight of the social services law, for whom allegations of abuse of a child in residential care or neglect of a child in residential care are subject to mandatory reporting to the statewide central register of child abuse and maltreatment pursuant to title six of article six of the social services law. Such term shall not include a special act school district as defined in section four thousand one of this chapter which shall be subject to article eleven of the social services law.
6. "Administrator" or "school administrator" shall mean a principal of a public school, non-residential special education school or program, charter school or board of cooperative educational services, or other chief school officer.
10. "Non-residential special education school or program" shall mean a state supported school operated pursuant to article eighty-five of this chapter that does not have a residential component, an approved private non-residential school for the education of students with disabilities that is located within the state, or an approved provider of preschool special education services or programs that is located within the state; provided that such term shall also apply to an approved private residential school or approved provider of preschool special education that provides a residential program that also provides a day program or other non-residential program if the students in such non-residential program are not children in a facility as defined in section four hundred eighty-eight of the social services law, for whom allegations of abuse of a child in residential care or neglect of a child in residential care are subject to mandatory reporting to the statewide central register of child abuse and maltreatment pursuant to title six of article six of the social services law.
§ 6. Subdivision 2 of section 1126 of the education law, as added by chapter 180 of the laws of 2000, is amended to read as follows:
2. [In] (a) Except as otherwise provided in paragraph (b) of this subdivision, in any case where it is alleged that a child was abused by an employee or volunteer of a school other than a school within the school district of the child's attendance, the report of such allegations shall be promptly forwarded to the superintendent of schools of the school district of the child's attendance and the school district where the abuse allegedly occurred, whereupon both school superintendents shall comply with sections eleven hundred twenty-eight and eleven hundred twenty-eight-a of this article.
(b) In the case of a non-residential special education school, where it is alleged that a child was abused by an employee or volunteer of
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such non-residential special education school, the report of such allegations shall be promptly forwarded to the administrator of such school, who shall be responsible for compliance with all the provisions of this article that apply to superintendents of schools.
§ 7. Subdivision 1 of section 1128-a of the education law, as added by chapter 180 of the laws of 2000, is amended to read as follows:
1. Where a superintendent of schools or school administrator forwards to law enforcement a report as described in paragraph (a) of subdivision one of section eleven hundred twenty-six of this article, he or she shall refer such report to the commissioner where the employee or volunteer alleged to have committed an act of child abuse as defined in this article holds a certification or license issued by the department.
§ 8. Subdivision 3 of section 1133 of the education law, as added by chapter 180 of the laws of 2000, is amended to read as follows:
3. Any superintendent of schools or school administrator who reasonably and in good faith reports to law enforcement officials information regarding allegations of child abuse or a resignation as required by this article shall have immunity from any liability, civil or criminal, which might otherwise result by reason of such actions.
§ 9. Paragraph a of subdivision 39 of section 1604 of the education law, as amended by chapter 147 of the laws of 2001, is amended to read as follows:
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 requiring the fingerprinting of prospective employees of approved private special education schools, phasing-in a requirement that all fingerprints submitted by prospective employees and applicants for certification be electronically submitted, strengthening identification verification practices for the purpose of conducting criminal history record checks and enhancing existing statutory mechanisms to expedite the removal of persons who commit fingerprint fraud, to amend chapter 147 of the laws of 2001, amending the education law relating to conditional appointment of school district, charter school or BOCES employees, in relation to making permanent certain provisions relating to conditional clearances for employment, and to amend 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, in relation to the effectiveness thereof; and to repeal 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, relating thereto
Purpose
This legislation will, among other things, conform and unify current and prospective fingerprinting practices of applicants seeking employment at school districts, special education schools, BOCES, certain non-public schools, and charter schools by streamlining such processes, significantly hindering instances of fraud, and taking measures to make it easier for law enforcement to hold someone accountable in an instance of a fraud.
Summary of provisions
Section 1: Section 1 amends paragraphs (a) and (b) of subdivision 30 of section 305 of the Education Law, to include special education schools outside of New York City with those nonpublic schools that are required to fingerprint prospective employees. In addition, the bill provides that prospective employees, including those from out of state, are fingerprinting electronically in a manner as prescribed by the Commissioner in cooperation with the Division of Criminal Justice Services ("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.
Read the full memo (2,746 words)
Section 2: Section 2 amends subparagraph (vii) of paragraph (c) of subdivision 30 of section 305 of the Education Law to include special education schools.
Section 3: Section 3 amends paragraph (d) of subdivision 30 of section 305 of the Education Law 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, and adds a new subdivision 10, by adding non-residential special education school or program to such definitions and clarifying where such term shall not apply. In addition, Section 5 further defines "non-residential special education school".
Section 6: Section 6 amends subdivision 2 of section 1126 of the Education Law 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 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 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 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 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 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 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 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 y 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 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 and subdivision 20 of section 2590-h of the Education Law 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 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 18: Section 18 amends subdivision 1 of section 3004-b of the Education Law 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 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 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 and subdivision 3-a 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 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.
Section 24: Section 24 amends paragraph (i) of subdivision (a) of section 4314 of the Education Law 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 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.
Section 28: Section 28 amends paragraph (a) of subdivision 11 of section 4403 of the Education Law 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.
Section 31: Section 31 amends the Education Law relating to conditional appointment of school district, charter school or BOCES employees 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 the Education Law and other laws relating to the reorganization of the New York City School Construction Authority, Board of Education, and community boards 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
2016: S. 6507 Passed Senate/ A. 6600-A Education 2015: S. 3214 Passed Senate / A. 6600 Education
Fiscal implications
None.
Effective date
This act shall take effect on July 1, 2018; 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.
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