What's happening
This bill requires school districts to conduct pre-employment background checks, drug and communicable disease testing for all school personnel.
Why it matters
Expands the scope of pre-employment checks. In addition to standard background checks, all school personnel would be required to answer detailed questionnaires and undergo tests for controlled substances and communicable diseases, increasing the scrutiny on potential hires.
Mandatory self-disclosure with legal accountability. Applicants must declare any prior criminal convictions under penalty of perjury, creating legal consequences for dishonesty and potentially deterring those with relevant criminal histories from applying.
Public health and student safety focus. The bill prohibits individuals who test positive for controlled substances or certain communicable diseases from working with children, aiming to reduce risks to student health and safety.
Statewide consistency and regulatory development. The law requires cooperation between school districts and the Division of Criminal Justice Services to establish uniform regulations and definitions, ensuring a standardized approach across New York schools.
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Who cares
Headline styles
Mandatory School Staff Background Checks
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to education
- Referred to education
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
1123
2019-2020 Regular Sessions
IN SENATE
January 11, 2019
Introduced by Sen. LANZA -- 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 pre-employment investigations for personnel employed in school districts
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. The education law is amended by adding a new section 3001-e to read as follows:
§ 3001-e. Pre-employment investigation of personnel employed in school districts. 1. Every school district shall conduct a pre-employment background investigation for all personnel employed in the district.
2. Each district, in cooperation with the division of criminal justice services, shall promulgate regulations requiring all personnel employed in such school district to submit to mandatory background questionnaires and to such other tests for the presence of controlled substances or communicable diseases as shall be determined to be necessary and proper.
3. Every person, as a condition of employment in a school district, shall complete a background questionnaire, submit to such other tests for the presence of controlled substances or communicable diseases as shall be determined to be necessary and proper and sign a declaration under penalty of perjury regarding any prior criminal convictions.
4. No school district employee shall be assigned to work involving the care, custody or supervision of a child if it is determined that such person has tested positive for the presence of a controlled substance or communicable disease.
5. For purposes of this section, "communicable disease" shall mean any disease that the commissioner of health, in the reasonable exercise of his or her medical judgement, determines to be communicable, rapidly emergent or a significant threat to public health. The list of designated communicable diseases is in section 2.1 of title ten of the New York codes, rules and regulations.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06654-01-9
S. 1123 2
§ 2. Subdivision 20 of section 2590-h of the education law, as amended by chapter 345 of the laws of 2009, is amended to read as follows:
20. Ensure compliance with qualifications established for all personnel employed in the city district, including the taking of fingerprints, background questionnaires and submission to such other tests for the presence of controlled substances or communicable diseases as shall be determined to be necessary and proper as a prerequisite for licensure and/or employment of such personnel. Every set of fingerprints taken pursuant to this subdivision shall be promptly submitted to the division of criminal justice services where it shall be appropriately processed. Furthermore, the division of criminal justice services is authorized to submit the fingerprints to the federal bureau of investigation for a national criminal history record check.
§ 3. Subdivision 20 of section 2590-h of the education law, as amended by chapter 100 of the laws of 2003, is amended to read as follows:
20. Ensure compliance with qualifications established for all personnel employed in the city district, including the taking of fingerprints, background questionnaires and submission to such other tests for the presence of controlled substances or communicable diseases as shall be determined to be necessary and proper as a prerequisite for licensure and/or employment of such personnel. Every set of fingerprints taken pursuant to this subdivision shall be promptly submitted to the division of criminal justice services where it shall be appropriately processed. Furthermore, the division of criminal justice services is authorized to submit the fingerprints to the federal bureau of investigation for a national criminal history record check.
§ 4. This act shall take effect on the ninetieth day after it shall have become a law; provided, however, that the amendments to subdivision 20 of section 2590-h of the education law, made by section two of this act, shall not affect the expiration and reversion of such section and shall expire therewith, when upon such date section three of this act shall take effect. Effective immediately, the addition, amendment and/or repeal of any rule or regulation necessary for the implementation of this act on its effective date are authorized to be made and completed on or before such date.
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 pre-employment inves- tigations for personnel employed in school districts
Purpose
This legislation requires the investigation of school district personnel involved with the care, custody or supervision of a child.
Summary of provisions
Section 1. The education law is amended by adding a new section 3001-e.
Section 2. Subdivision 20 of section 2590-h of the education law is amended by chapter 100 of the law of 2003. Section 4. This act shall take effect on the ninetieth day after it shall have become a law; provided however, that any rules and regulations necessary to implement the provisions of the act shall be promulgated on or before its effec- tive date.
Justification
The legislature recognizes the necessity that any person who is employed or assigned to work as part of the workfare program involving the care and custody or supervision of a child shall be investigated as to his or her qualifications, use of a controlled substance and be free of commu- nicable diseases. Since the federal government passed legislation concerning workfare for welfare recipients, there has been concern by parents of children that there be some standards established concerning workfare persons assigned to work involving the care, custody or super- vision of children in various programs. These areas of concern are in the areas of competence, health, safety, and security for the children. The provisions of the bill are meant to ease the parental concerns.
Legislative history
2018: S.6148 - Referred to Education 2017: S.6148 - Referred to Education 2016: S.4575 - Referred to Education 2015: S.4575 - Referred to Education 2014: S.2302 - Referred to Education/A.4953 - Referred to Education 2013: S.2302 - Referred to Education/A.4953 - Referred to Education 2012: S.3545 - Referred to Education/A.7352 - Referred to Education 2011: S.3545 - Referred to Education/A.7352 - Referred to Education 2010: S.516 - Referred to Education/A.2542 - Referred to Education 2009: S.516 - Referred to Education/A.2542 - Referred to Education 2008: S.5548 - Referred to Education/A.10871 - Referred to Education 2007: S.5548 - Referred to Education 2006: S.4007 - Referred to Education 2005: S.1462 - Referred to Education
Fiscal implications
None.
Effective date
This act shall take effect on the ninetieth day after it shall have become a law; provided however, that any rules and regulations necessary to implement the provisions of the act shall be promulgated on or before its effective date.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.