S. 1634--A 2
and any other information that may be relevant to consideration of the
applicant. The commissioner shall also establish a form for the recorda-
tion 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.
S 2. 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:
a. Shall require, for purposes of a criminal history record check, the
fingerprinting of all prospective employees pursuant to section three
thousand thirty-five of this chapter, who do not hold valid clearance
pursuant to such section or pursuant to section three thousand four-b of
this chapter [or section five hundred nine-cc or twelve hundred twenty-
nine-d of the vehicle and traffic law]. Prior to initiating the finger-
printing process, the prospective employer shall furnish the applicant
with the form described in paragraph (c) of subdivision thirty of
section three hundred five of this chapter and shall obtain the appli-
cant's consent to the criminal history records search. Every set of
fingerprints taken pursuant to this subdivision shall be promptly
submitted to the commissioner for purposes of clearance for employment.
S 3. Subdivision 39 of section 1604 of the education law, as added by
chapter 180 of the laws of 2000, is amended to read as follows:
39. Shall require, for purposes of a criminal history record check,
the fingerprinting of all prospective employees pursuant to section
three thousand thirty-five of this chapter, who do not hold valid clear-
ance pursuant to such section or pursuant to section three thousand
four-b of this chapter [or section five hundred nine-cc or twelve
hundred twenty-nine-d of the vehicle and traffic law]. Prior to initiat-
ing the fingerprinting process, the prospective employer shall furnish
the applicant with the form described in paragraph (c) of subdivision
thirty of section three hundred five of this chapter and shall obtain
the applicant's consent to the criminal history records search. Every
set of fingerprints taken pursuant to this subdivision shall be promptly
submitted to the commissioner for purposes of clearance for employment.
S 4. Paragraph a of subdivision 39 of section 1709 of the education
law, as amended by chapter 147 of the laws of 2001, is amended to read
as follows:
a. Shall require, for purposes of a criminal history record check, the
fingerprinting of all prospective employees pursuant to section three
thousand thirty-five of this chapter, who do not hold valid clearance
pursuant to such section or pursuant to section three thousand four-b of
this chapter [or section five hundred nine-cc or twelve hundred twenty-
nine-d of the vehicle and traffic law]. Prior to initiating the finger-
printing process, the prospective employer shall furnish the applicant
with the form described in paragraph (c) of subdivision thirty of
section three hundred five of this chapter and shall obtain the appli-
cant's consent to the criminal history records search. Every set of
fingerprints taken pursuant to this subdivision shall be promptly
submitted to the commissioner for purposes of clearance for employment.
S. 1634--A 3
S 5. Subdivision 39 of section 1709 of the education law, as added by
chapter 180 of the laws of 2000, is amended to read as follows:
39. Shall require, for purposes of a criminal history record check,
the fingerprinting of all prospective employees pursuant to section
three thousand thirty-five of this chapter, who do not hold valid clear-
ance pursuant to such section or pursuant to section three thousand
four-b of this chapter [or section five hundred nine-cc or twelve
hundred twenty-nine-d of the vehicle and traffic law]. Prior to initiat-
ing the fingerprinting process, the prospective employer shall furnish
the applicant with the form described in paragraph (c) of subdivision
thirty of section three hundred five of this chapter and shall obtain
the applicant's consent to the criminal history records search. Every
set of fingerprints taken pursuant to this subdivision shall be promptly
submitted to the commissioner for purposes of clearance for employment.
S 6. Paragraph a of subdivision 9 of section 1804 of the education
law, as amended by chapter 147 of the laws of 2001, is amended to read
as follows:
a. The board of education shall, for purposes of a criminal history
record check, require the fingerprinting of all prospective employees
pursuant to section three thousand thirty-five of this chapter, who do
not hold valid clearance pursuant to such section or pursuant to section
three thousand four-b of this chapter [or section five hundred nine-cc
or twelve hundred twenty-nine-d of the vehicle and traffic law]. Prior
to initiating the fingerprinting process, the prospective employer shall
furnish the applicant with the form described in paragraph (c) of subdi-
vision thirty of section three hundred five of this chapter and shall
obtain the applicant's consent to the criminal history records search.
Every set of fingerprints taken pursuant to this subdivision shall be
promptly submitted to the commissioner for purposes of clearance for
employment.
S 7. Subdivision 9 of section 1804 of the education law, as added by
chapter 180 of the laws of 2000, is amended to read as follows:
9. The board of education shall, for purposes of a criminal history
record check, require the fingerprinting of all prospective employees
pursuant to section three thousand thirty-five of this chapter, who do
not hold valid clearance pursuant to such section or pursuant to section
three thousand four-b of this chapter [or section five hundred nine-cc
or twelve hundred twenty-nine-d of the vehicle and traffic law]. Prior
to initiating the fingerprinting process, the prospective employer shall
furnish the applicant with the form described in paragraph (c) of subdi-
vision thirty of section three hundred five of this chapter and shall
obtain the applicant's consent to the criminal history records search.
Every set of fingerprints taken pursuant to this subdivision shall be
promptly submitted to the commissioner for purposes of clearance for
employment.
S 8. Subparagraph a of paragraph ll of subdivision 4 of section 1950
of the education law, as amended by chapter 147 of the laws of 2001, is
amended to read as follows:
a. Shall require, for purposes of a criminal history record check, the
fingerprinting of all prospective employees pursuant to section three
thousand thirty-five of this chapter, who do not hold valid clearance
pursuant to such section or pursuant to section three thousand four-b of
this chapter [or section five hundred nine-cc or twelve hundred twenty-
nine-d of the vehicle and traffic law]. Prior to initiating the finger-
printing process, the prospective employer shall furnish the applicant
with the form described in paragraph (c) of subdivision thirty of
S. 1634--A 4
section three hundred five of this chapter and shall obtain the appli-
cant's consent to the criminal history records search. Every set of
fingerprints taken pursuant to this paragraph shall be promptly submit-
ted to the commissioner for purposes of clearance for employment.
S 9. Paragraph ll of subdivision 4 of section 1950 of the education
law, as added by chapter 180 of the laws of 2000, is amended to read as
follows:
ll. Shall require, for purposes of a criminal history record check,
the fingerprinting of all prospective employees pursuant to section
three thousand thirty-five of this chapter, who do not hold valid clear-
ance pursuant to such section or pursuant to section three thousand
four-b of this chapter [or section five hundred nine-cc or twelve
hundred twenty-nine-d of the vehicle and traffic law]. Prior to initiat-
ing the fingerprinting process, the prospective employer shall furnish
the applicant with the form described in paragraph (c) of subdivision
thirty of section three hundred five of this chapter and shall obtain
the applicant's consent to the criminal history records search. Every
set of fingerprints taken pursuant to this paragraph shall be promptly
submitted to the commissioner for purposes of clearance for employment.
S 10. Paragraph a of subdivision 18 of section 2503 of the education
law, as amended by chapter 147 of the laws of 2001, is amended to read
as follows:
a. Shall require, for purposes of a criminal history record check, the
fingerprinting of all prospective employees pursuant to section three
thousand thirty-five of this chapter, who do not hold valid clearance
pursuant to such section or pursuant to section three thousand four-b of
this chapter [or section five hundred nine-cc or twelve hundred twenty-
nine-d of the vehicle and traffic law]. Prior to initiating the finger-
printing process, the prospective employer shall furnish the applicant
with the form described in paragraph (c) of subdivision thirty of
section three hundred five of this chapter and shall obtain the appli-
cant's consent to the criminal history records search. Every set of
fingerprints taken pursuant to this subdivision shall be promptly
submitted to the commissioner for purposes of clearance for employment.
S 11. Subdivision 18 of section 2503 of the education law, as added by
chapter 180 of the laws of 2000, is amended to read as follows:
18. Shall require, for purposes of a criminal history record check,
the fingerprinting of all prospective employees pursuant to section
three thousand thirty-five of this chapter, who do not hold valid clear-
ance pursuant to such section or pursuant to section three thousand
four-b of this chapter [or section five hundred nine-cc or twelve
hundred twenty-nine-d of the vehicle and traffic law]. Prior to initiat-
ing the fingerprinting process, the prospective employer shall furnish
the applicant with the form described in paragraph (c) of subdivision
thirty of section three hundred five of this chapter and shall obtain
the applicant's consent to the criminal history records search. Every
set of fingerprints taken pursuant to this subdivision shall be promptly
submitted to the commissioner for purposes of clearance for employment.
S 12. 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, is
amended to read as follows:
a. Shall require, for purposes of a criminal history record check, the
fingerprinting of all prospective employees pursuant to section three
thousand thirty-five of this chapter, who do not hold valid clearance
pursuant to such section or pursuant to section three thousand four-b of
this chapter [or section five hundred nine-cc or twelve hundred twenty-
S. 1634--A 5
nine-d of the vehicle and traffic law]. Prior to initiating the finger-
printing process, the prospective employer shall furnish the applicant
with the form described in paragraph (c) of subdivision thirty of
section three hundred five of this chapter and shall obtain the appli-
cant's consent to the criminal history records search. Every set of
fingerprints taken pursuant to this subdivision shall be promptly
submitted to the commissioner for purposes of clearance for employment.
S 13. Subdivision 25 of section 2554 of the education law, as amended
by section 4 of chapter 91 of the laws of 2002, is amended to read as
follows:
25. Shall require, for purposes of a criminal history record check,
the fingerprinting of all prospective employees pursuant to section
three thousand thirty-five of this chapter, who do not hold valid clear-
ance pursuant to such section or pursuant to section three thousand
four-b of this chapter [or section five hundred nine-cc or twelve
hundred twenty-nine-d of the vehicle and traffic law]. Prior to initiat-
ing the fingerprinting process, the prospective employer shall furnish
the applicant with the form described in paragraph (c) of subdivision
thirty of section three hundred five of this chapter and shall obtain
the applicant's consent to the criminal history records search. Every
set of fingerprints taken pursuant to this subdivision shall be promptly
submitted to the commissioner for purposes of clearance for employment.
S 14. 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 communi-
ty boards, as amended by chapter 345 of the laws of 2009, is amended to
read as follows:
S 34. This act shall take effect July 1, 2002; provided, that sections
one, THREE AND FIVE through twenty, twenty-four, and twenty-six through
thirty of this act shall expire and be deemed repealed June 30, 2015;
provided, further, that notwithstanding any provision of article 5 of
the general construction law, on June 30, 2015 the provisions of subdi-
visions 3, 5, and 8, paragraph b of subdivision 13, subdivision 14,
paragraphs b, d, and e of subdivision 15, and subdivisions 17 and 21 of
section 2554 of the education law as repealed by section three of this
act, subdivision 1 of section 2590-b of the education law as repealed by
section six of this act, paragraph (a) of subdivision 2 of section
2590-b of the education law as repealed by section seven of this act,
section 2590-c of the education law as repealed by section eight of this
act, paragraph c of subdivision 2 of section 2590-d of the education law
as repealed by section twenty-six of this act, subdivision 1 of section
2590-e of the education law as repealed by section twenty-seven of this
act, subdivision 28 of section 2590-h of the education law as repealed
by section twenty-eight of this act, subdivision 30 of section 2590-h of
the education law as repealed by section twenty-nine of this act, subdi-
vision 30-a of section 2590-h of the education law as repealed by
section thirty of this act shall be revived and be read as such
provisions existed in law on the date immediately preceding the effec-
tive date of this act; provided, however, that sections seven and eight
of this act shall take effect on November 30, 2003; provided further
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.
S. 1634--A 6
S 15. 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, is amended to read as follows:
(i) The board of trustees of a charter school shall require, for
purposes of a criminal history record check, the fingerprinting of all
prospective employees pursuant to section three thousand thirty-five of
this chapter, who do not hold valid clearance pursuant to such section
or pursuant to section three thousand four-b of this chapter [or section
five hundred nine-cc or twelve hundred twenty-nine-d of the vehicle and
traffic law]. Prior to initiating the fingerprinting process, the
prospective employer shall furnish the applicant with the form described
in paragraph (c) of subdivision thirty of section three hundred five of
this chapter and shall obtain the applicant's consent to the criminal
history records search. Every set of fingerprints taken pursuant to this
paragraph shall be promptly submitted to the commissioner for purposes
of clearance for employment.
S 16. Paragraph (a-2) of subdivision 3 of section 2854 of the educa-
tion law, as added by chapter 180 of the laws of 2000, is amended to
read as follows:
(a-2) The board of trustees of a charter school shall require, for
purposes of a criminal history record check, the fingerprinting of all
prospective employees pursuant to section three thousand thirty-five of
this chapter, who do not hold valid clearance pursuant to such section
or pursuant to section three thousand four-b of this chapter [or section
five hundred nine-cc or twelve hundred twenty-nine-d of the vehicle and
traffic law]. Prior to initiating the fingerprinting process, the
prospective employer shall furnish the applicant with the form described
in paragraph (c) of subdivision thirty of section three hundred five of
this chapter and shall obtain the applicant's consent to the criminal
history records search. Every set of fingerprints taken pursuant to this
paragraph shall be promptly submitted to the commissioner for purposes
of clearance for employment.
S 17. Section 1125 of the education law is amended by adding a new
subdivision 1-a to read as follows:
1-A. "SEXUAL ABUSE BY A STUDENT" SHALL MEAN AN ACT COMMITTED IN AN
EDUCATIONAL SETTING BY A CHILD AGAINST ANOTHER CHILD WHICH IS DEFINED AS
CHILD SEXUAL ABUSE IN THIS SECTION.
S 18. The education law is amended by adding a new section 1126-a to
read as follows:
S 1126-A. DUTIES OF EMPLOYEES NOT SPECIFICALLY ENUMERATED IN SECTION
ELEVEN HUNDRED TWENTY-SIX OF THIS ARTICLE UPON RECEIPT OF AN ALLEGATION
OR DIRECT OBSERVATION OF CHILD ABUSE OR SEXUAL ABUSE BY A STUDENT IN AN
EDUCATIONAL SETTING. 1. IN ANY CASE WHERE CHILD ABUSE IS OBSERVED OR
WHEN AN ORAL OR WRITTEN ALLEGATION IS MADE TO AN EMPLOYEE, AS DEFINED IN
SUBDIVISION THREE OF SECTION ELEVEN HUNDRED TWENTY-FIVE OF THIS ARTICLE
WHO IS NOT ENUMERATED IN SECTION ELEVEN HUNDRED TWENTY-SIX OF THIS ARTI-
CLE, THAT A CHILD HAS BEEN SUBJECTED TO CHILD ABUSE BY AN EMPLOYEE OR A
VOLUNTEER IN AN EDUCATIONAL SETTING, OR SEXUAL ABUSE BY A STUDENT IN AN
EDUCATIONAL SETTING, SUCH PERSON SHALL UPON RECEIPT OF SUCH ALLEGATION
PROMPTLY INFORM THE SCHOOL ADMINISTRATOR OR HIS OR HER DESIGNATED AGENT.
2. THE COMMISSIONER SHALL DEVELOP A FORM FOR USE BY SCHOOL DISTRICTS,
CHARTER SCHOOLS, AND BOARDS OF COOPERATIVE EDUCATIONAL SERVICES THAT
CONTAINS, FOR RECORDATION ANY INFORMATION THAT IS RELEVANT TO THE
ALLEGED ACT OF CHILD ABUSE BY A CHILD IN AN EDUCATIONAL SETTING.
3. THE DESIGNATED AGENT OF THE SCHOOL ADMINISTRATOR SHALL BE RESPONSI-
BLE FOR COMPLIANCE WITH THE PROCEDURES SET FORTH IN THIS ARTICLE.
S. 1634--A 7
4. ANY EMPLOYEE WHO REASONABLY AND IN GOOD FAITH MAKES A REPORT OF
ALLEGATIONS OF CHILD ABUSE OR SEXUAL ABUSE BY A STUDENT IN AN EDUCA-
TIONAL SETTING TO THE SCHOOL ADMINISTRATOR OR HIS OR HER DESIGNATED
AGENT IN A MANNER DESCRIBED IN THIS SECTION, SHALL HAVE IMMUNITY FROM
CIVIL LIABILITY WHICH MIGHT OTHERWISE RESULT BY REASON OF SUCH ACTIONS.
5. ANY OTHER PERSON WHO REASONABLY AND IN GOOD FAITH MAKES A REPORT OF
CHILD ABUSE OR SEXUAL ABUSE BY A STUDENT IN AN EDUCATIONAL SETTING TO A
SCHOOL EMPLOYEE IN A MANNER DESCRIBED IN THIS SECTION SHALL HAVE IMMUNI-
TY FROM CIVIL LIABILITY WHICH MIGHT OTHERWISE RESULT BY REASON OF SUCH
ACTIONS.
S 19. Sections 1126, 1127 and 1128 of the education law, as added by
chapter 180 of the laws of 2000, are amended to read as follows:
S 1126. Duties of employees specifically enumerated in this section
upon receipt of an allegation OR DIRECT OBSERVATION of child abuse OR
SEXUAL ABUSE BY A STUDENT in an educational setting. 1. In any case
where an oral or written allegation is made to a teacher, school nurse,
school guidance counselor, school psychologist, school social worker,
school administrator, school board member or other school personnel
required to hold a teaching or administrative license or certificate,
that a child has been subjected to SEXUAL ABUSE BY A STUDENT OR TO child
abuse by an employee or volunteer in an educational setting, such person
shall upon receipt of such allegation:
(a) promptly complete a written report of such allegation including
the full name of the child alleged to be abused; the name of the child's
parent; the identity of the person making the allegation and their
relationship to the alleged child victim; the name of the employee [or],
volunteer OR STUDENT against whom the allegation was made; and a listing
of the specific allegations of child abuse OR SEXUAL ABUSE BY A STUDENT
in an educational setting. Such written report shall be upon a form as
prescribed in section eleven hundred thirty-two of this article.
(b) except where the school administrator DIRECTLY OBSERVES OR is the
person receiving such oral or written allegation, promptly personally
deliver a copy of such written report to the school administrator of the
school in which the child abuse OR SEXUAL ABUSE BY A STUDENT allegedly
occurred.
2. In any case where it is alleged that a child was abused by an
employee [or], volunteer OR STUDENT 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 superinten-
dents shall comply with sections eleven hundred twenty-eight and eleven
hundred twenty-eight-a of this article.
3. Any employee or volunteer who reasonably and in good faith makes a
report of allegations of child abuse OR SEXUAL ABUSE BY A STUDENT in an
educational setting to a person and in a manner described in this
section shall have immunity from civil liability which might otherwise
result by reason of such actions.
S 1127. Confidentiality of records. Reports and other written material
submitted pursuant to this article, and photographs taken concerning
such reports in the possession of any person authorized to receive such
information, pursuant to this article, shall be confidential and shall
not be redisclosed except to law enforcement authorities involved in an
investigation of child abuse OR SEXUAL ABUSE BY A STUDENT in an educa-
tional setting or as expressly authorized by law or pursuant to a court-
ordered subpoena. A school administrator or a school superintendent
S. 1634--A 8
shall exercise reasonable care in preventing such unauthorized disclo-
sure. Willful disclosure of a written record required to be kept confi-
dential pursuant to this section to a person not authorized to receive
or review such record is a class A misdemeanor.
S 1128. Duties of school administrators and superintendents upon
receipt of a written report alleging child abuse OR SEXUAL ABUSE BY A
STUDENT in an educational setting. Upon receipt of a written report
described in paragraph (a) of subdivision one of section eleven hundred
twenty-six of this article alleging that a child has been abused in an
educational setting, a school administrator or superintendent shall
where there is a reasonable suspicion to believe that an act of child
abuse OR SEXUAL ABUSE BY A STUDENT has occurred:
1. Where the subject child has made the allegation: (a) promptly noti-
fy the parent of such child that an allegation of child abuse OR SEXUAL
ABUSE BY A STUDENT in an educational setting has been made regarding
such child and promptly provide the parent with a written statement
prepared pursuant to regulations of the commissioner setting forth
parental rights, responsibilities and procedures under this article; (b)
where a school administrator receives a written report, promptly provide
a copy of such report to the superintendent; and (c) promptly forward
such report to appropriate law enforcement authorities. In no event
shall reporting to law enforcement be delayed by reason of an inability
to contact the superintendent.
2. Where a parent of the child has made the allegation: (a) promptly
provide the parent of such child with a written statement prepared
pursuant to regulations of the commissioner setting forth parental
rights, responsibilities and procedures under this article; (b) where a
school administrator receives a written report, promptly provide a copy
of such report to the superintendent; and (c) promptly forward such
report to appropriate law enforcement authorities. In no event shall
reporting to law enforcement be delayed by reason of an inability to
contact the superintendent.
3. Where a person other than the subject child or the parent of a
subject child has made the allegation: (a) promptly notify the parent of
the subject child that an allegation of child abuse OR SEXUAL ABUSE BY A
STUDENT in an educational setting has been made regarding his or her
child and promptly provide the parent with a written statement prepared
pursuant to regulations of the commissioner setting forth parental
rights, responsibilities and procedures under this article; (b) ascer-
tain from the person making such report the source and basis for such
allegation; (c) where a school administrator receives a written report,
promptly provide a copy of such report to the superintendent; and (d)
promptly forward such report to appropriate law enforcement authorities.
In no event shall reporting to law enforcement be delayed by reason of
an inability to contact the superintendent.
4. Any school administrator or superintendent who reasonably and in
good faith makes a report of allegations of child abuse OR SEXUAL ABUSE
BY A STUDENT in an educational setting or reasonably and in good faith
transmits such a report to a person or agency as required by this arti-
cle and in a manner described in section eleven hundred twenty-six of
this article and this section shall have immunity from civil liability
which might otherwise result by reason of such actions.
S 20. Section 1129 of the education law is amended by adding a new
subdivision 3 to read as follows:
3. THE WILLFUL FAILURE OF AN EMPLOYEE HAVING DIRECTLY OBSERVED OR
HAVING RECEIVED AN ALLEGATION OF CHILD ABUSE OR SEXUAL ABUSE BY A
S. 1634--A 9
STUDENT IN AN EDUCATIONAL SETTING TO INFORM THE SCHOOL ADMINISTRATOR OR
HIS OR HER DESIGNATED AGENT OF SUCH OBSERVATION OR ALLEGATION, AS SET
FORTH IN THIS SECTION, SHALL BE A CLASS A MISDEMEANOR.
S 21. Section 1130 of the education law, as added by chapter 180 of
the laws of 2000, is amended to read as follows:
S 1130. Notification by district attorney. Where a criminal investi-
gation of an allegation of SEXUAL ABUSE BY A STUDENT OR child abuse by
an employee or volunteer is undertaken in response to a report forwarded
by a school administrator or superintendent to law enforcement authori-
ties pursuant to section eleven hundred twenty-eight of this article,
and where law enforcement authorities have provided such report to the
district attorney and have requested assistance, as soon as practicable,
it shall be the responsibility of the district attorney to notify the
superintendent of schools of the district where the acts of child abuse
OR SEXUAL ABUSE BY A STUDENT allegedly occurred and of the school
district where the child is attending, if different, of an indictment or
the filing of an accusatory instrument against the employee [or], volun-
teer OR STUDENT against whom an allegation of child abuse OR SEXUAL
ABUSE BY A STUDENT in an educational setting was made. The district
attorney shall notify the superintendent of schools of the district
where the acts of child abuse OR SEXUAL ABUSE BY A STUDENT allegedly
occurred and of the school district, if different, where the child is
attending of the disposition of the criminal case against such employee
[or], volunteer OR STUDENT or the suspension or termination of the crim-
inal investigation of such employee [or], volunteer OR STUDENT.
S 22. Section 1132 of the education law, as added by chapter 180 of
the laws of 2000, is amended to read as follows:
S 1132. Duties of the commissioner; child abuse OR SEXUAL ABUSE BY A
STUDENT in an educational setting. 1. The commissioner shall prepare a
form for the recording and transmitting of allegations of child abuse OR
SEXUAL ABUSE BY A STUDENT in an educational setting. Such form shall
include: (i) all definitions set out in section eleven hundred twenty-
five of this article; and (ii) adequate space for the inclusion of any
other information which the person making or filing the report believes
would be helpful in describing or explaining the circumstances surround-
ing an allegation of child abuse OR SEXUAL ABUSE BY A STUDENT in an
educational setting in accordance with the provisions of this article.
2. The commissioner shall promulgate rules and regulations for train-
ing necessary for the implementation of this article.
S 23. Section 509-cc of the vehicle and traffic law, as added by chap-
ter 675 of the laws of 1985, paragraph (c) of subdivision 1 and para-
graph (d) of subdivision 2 as added and paragraph (b) and subparagraph
(iv) of paragraph (c) of subdivision 2 and paragraph (b) of subdivision
4 as amended by chapter 360 of the laws of 1986, paragraphs (e) and (f)
of subdivision 1 and paragraphs (f) and (g) of subdivision 2 as added
and paragraph (d) of subdivision 1 and paragraph (e) of subdivision 2 as
amended by chapter 599 of the laws of 1993, paragraph (g) of subdivision
1 and paragraph (h) of subdivision 2 as added by chapter 475 of the laws
of 2001, subparagraph (v) of paragraph (c) of subdivision 2 and para-
graph (c) of subdivision 4 as amended by chapter 345 of the laws of
2007, paragraph (a) of subdivision 4 as amended by chapter 93 of the
laws of 2006, subdivision 5 as added by chapter 164 of the laws of 2003,
is amended to read as follows:
S 509-cc. Disqualification of drivers of school buses. (1) A person
employed as a driver of a school bus as defined in paragraph (a) of
subdivision one of section five hundred nine-a of this chapter [on
S. 1634--A 10
September fifteenth, nineteen hundred eighty-five and who was subject to
the provisions of this article as it existed immediately prior to
September fifteen, nineteen hundred eighty-five, and was employed in
this state as a driver of a school bus as defined in paragraph (a) of
subdivision one of section five hundred nine-a of this chapter at any
time during the first six months of nineteen hundred eighty-five,] shall
be disqualified from operating a school bus as follows:
(a) [permanently, if that person
(i) has been convicted of or forfeited bond or collateral which
forfeiture order has not been vacated or the subject of an order of
remission upon a violation committed prior to September fifteenth, nine-
teen hundred eighty-five, of section 130.30, 130.35, 130.45, 130.50,
130.60, or 130.65 of the penal law, or an offense committed under a
former section of the penal law which would constitute a violation of
the aforesaid sections of the penal law or any offense committed outside
of this state which would constitute a violation of the aforesaid
sections of the penal law, provided, however, the provisions of this
subparagraph shall not apply to convictions, suspensions or revocations
or forfeitures of bonds for collateral upon any of the charges listed in
this subparagraph for violations which occurred prior to September
first, nineteen hundred seventy-four committed by a person employed as a
bus driver on September first, nineteen hundred seventy-four. However,
such disqualification may be waived provided that five years have
expired since the applicant was discharged or released from a sentence
of imprisonment imposed pursuant to conviction of an offense that
requires disqualification under this paragraph and that the applicant
shall have been granted a certificate of relief from disabilities as
provided for in section seven hundred one of the correction law. When
the certificate is issued by a court for a conviction which occurred in
this state, it shall only be issued by the court having jurisdiction
over such conviction. Such certificate shall specifically indicate that
the authority granting such certificate has considered the bearing, if
any, the criminal offense or offenses for which the person was convicted
will have on the applicant's fitness or ability to operate a bus trans-
porting school children to the applicant's prospective employment, prior
to granting such a certificate; or
(ii) has been convicted of an offense listed in paragraph (a) of
subdivision four of this section that was committed on or after Septem-
ber fifteenth, nineteen hundred eighty-five. However, such disqualifica-
tion may be waived by the commissioner provided that five years have
expired since the applicant was discharged or released from a sentence
of imprisonment imposed pursuant to conviction of an offense that
requires disqualification under this paragraph and that the applicant
shall have been granted a certificate of relief from disabilities as
provided for in section seven hundred one of the correction law. When
the certificate is issued by a court for a conviction which occurred in
this state, it shall only be issued by the court having jurisdiction
over such conviction. Such certificate shall specifically indicate that
the authority granting such certificate has considered the bearing, if
any, the criminal offense or offenses for which the person was convicted
will have on the applicant's fitness or ability to operate a bus trans-
porting school children, prior to granting such a certificate; or
(iii) has been convicted of an offense listed in paragraph (b) of
subdivision four of this section that was committed on or after Septem-
ber fifteenth, nineteen hundred eighty-five. However, such disqualifica-
tion shall be waived provided that five years have expired since the
S. 1634--A 11
applicant discharged or released from a sentence of imprisonment imposed
pursuant to conviction of an offense that requires disqualification
under this paragraph and that the applicant shall have been granted a
certificate of relief from disabilities as provided for in section seven
hundred one of the correction law. When the certificate is issued by a
court for a conviction which occurred in this state, it shall only be
issued by the court having jurisdiction over such conviction. Such
certificate shall specifically indicate that the authority granting such
certificate has considered the bearing, if any, the criminal offense or
offenses for which the person was convicted will have on the applicant's
fitness or ability to operate a bus transporting school children, prior
to granting such a certificate. Provided, however, that at the
discretion of the commissioner, the certificate of relief from disabili-
ties may remove disqualification at any time; or
(b)] for a period of five years from the date of last conviction spec-
ified herein, if that person
(i) [has been convicted within the preceding five years of an offense
listed in paragraph (c) of subdivision four of this section that was
committed on or after September fifteenth, nineteen hundred eighty-five.
However, such disqualification shall be waived provided that the appli-
cant has been granted a certificate of relief from disabilities as
provided for in section seven hundred one of the correction law. When
the certificate is issued by a court for a conviction which occurred in
this state, it shall only be issued by the court having jurisdiction
over such conviction. Such certificate shall specifically indicate that
the authority granting such certificate has considered the bearing, if
any, the criminal offense or offenses for which the person was convicted
will have on the applicant's fitness or ability to operate a bus trans-
porting school children, prior to granting such a certificate;
(ii)] has been convicted of any violation of section eleven hundred
ninety-two of this chapter or an offense committed outside this state
which would constitute a violation of section eleven hundred ninety-two
of this chapter, and the offense was committed while the driver was
driving a bus in the employ of a motor carrier or in the furtherance of
a commercial enterprise in interstate, intrastate or foreign commerce;
[(iii)] (II) has been twice convicted of a violation of any subdivi-
sion of section eleven hundred ninety-two of this chapter or offenses
committed outside this state which would constitute a violation of
section eleven hundred ninety-two of this chapter, committed within the
preceding five year period;
[(iv)] (III) has been twice convicted of a violation of any subdivi-
sion of section eleven hundred ninety-two of this chapter, or an offense
committed outside of this state which would constitute a violation of
any subdivision of section [one thousand one] ELEVEN hundred ninety-two
of this chapter, committed within any ten year period after September
fifteenth, nineteen hundred eighty-five; or
[(v)] (IV) has been convicted of leaving the scene of an accident
which resulted in personal injury or death under section six hundred of
this chapter or an offense committed outside of this state which would
constitute a violation of section six hundred of this chapter.
[(c)] (B) for a period of five years from the date of last conviction,
if that person has been convicted of a violation of subdivision three of
section five hundred eleven of this [chapter] TITLE on or after Septem-
ber fifteenth, nineteen hundred eighty-five;
[(d)] (C) for a period of one year, if that person has accumulated
nine or more points on his or her driving record for acts that occurred
S. 1634--A 12
during an eighteen month period on or after September fifteenth, nine-
teen hundred eighty-five, provided, however, that the disqualification
shall terminate if the person has reduced the points to less than nine
through the successful completion of a motor vehicle accident prevention
course.
[(e)] (D) for a period of one year, if that person [or] was the opera-
tor of a motor vehicle involved in two or more accidents of a nature and
type set forth in section five hundred nine-a of this article, where
such accidents occurred within an eighteen-month period following a
reexamination conducted pursuant to section five hundred nine-bb of this
article, provided that accidents in which the driver was completely
without fault shall not be included in determining whether such disqual-
ification is required;
[(f)] (E) for a period of one year, if that person fails to pass a
road test administered pursuant to section five hundred nine-bb of this
article; provided, however, that such person shall be given the opportu-
nity to complete a motor vehicle accident prevention course approved by
the commissioner and to then undergo a second road test administered
pursuant to section five hundred nine-bb of this article, and such
disqualification shall cease if such person passes such second road
test.
[(g)] (F) for the period that such person's license is revoked or
suspended for violating section eleven hundred ninety-two of this chap-
ter or an offense committed outside of this state which would constitute
a violation of section eleven hundred ninety-two of this chapter. Such
disqualification shall be for not less than six months.
(2) [All other school bus drivers who are not subject to subdivision
one of this section shall be disqualified from operating a bus as
follows:
(a) permanently, if that person has been convicted of an offense list-
ed in paragraph (a) of subdivision four of this section. However, such
disqualification may be waived by the commissioner provided that five
years have expired since the applicant was discharged or released from a
sentence of imprisonment imposed pursuant to conviction of an offense
that requires disqualification under this paragraph and that the appli-
cant shall have been granted a certificate of relief from disabilities
as provided for in section seven hundred one of the correction law. When
the certificate is issued by a court for a conviction which occurred in
this state, it shall only be issued by the court having jurisdiction
over such conviction. Such certificate shall specifically indicate that
the authority granting such certificate has considered the bearing, if
any, the criminal offense or offenses for which the person was convicted
will have on the applicant's fitness or ability to operate a bus trans-
porting school children to the applicant's prospective employment, prior
to granting such a certificate.
(b) permanently, if that person has been convicted of an offense list-
ed in paragraph (b) of subdivision four of this section. However, such
disqualification shall be waived provided that five years have expired
since the applicant was incarcerated pursuant to a sentence of imprison-
ment imposed on conviction of an offense that requires disqualification
under this paragraph and that the applicant shall have been granted a
certificate of relief from disabilities as provided for in section seven
hundred one of the correction law. When the certificate is issued by a
court for a conviction which occurred in this state, it shall only be
issued by the court having jurisdiction over such conviction. Such
certificate shall specifically indicate that the authority granting such
S. 1634--A 13
certificate has considered the bearing, if any, the criminal offense or
offenses for which the person was convicted will have on the applicant's
fitness or ability to operate a bus transporting school children, prior
to granting such a certificate. Provided, however, that at the
discretion of the commissioner the certificate of relief from disabili-
ties may remove disqualification at any time.
(c) for a period of five years from the date of last conviction speci-
fied herein, if that person
(i) has been convicted within the preceding five years of an offense
listed in paragraph (c) of subdivision four of this section. However,
notwithstanding the provisions of subdivision three of section seven
hundred one of the correction law. Such disqualification shall be waived
provided that the applicant has been granted a certificate of relief
from disabilities as provided for in section seven hundred one-g of the
correction law. When the certificate is issued by a court for a
conviction which occurred in this state, it shall only be issued by the
court having jurisdiction over such conviction. Such certificate shall
specifically indicate that the authority granting such certificate has
considered the bearing, if any, the criminal offense or offenses for
which the person was convicted will have on the applicant's fitness or
ability to operate a bus transporting school children, prior to granting
such a certificate.
(ii) has been convicted of a violation of any subdivision of section
eleven hundred ninety-two of this chapter or an offense committed
outside of this state which would constitute a violation of section
eleven hundred ninety-two of this chapter, and the offense was committed
while the driver was driving a bus in the employ of a motor carrier or
in the furtherance of a commercial enterprise in interstate, intrastate
or foreign commerce;
(iii) has been twice convicted of a violation of any subdivision of
section eleven hundred ninety-two of this chapter or an offense commit-
ted outside of this state within any ten year period on or after Septem-
ber fifteenth, nineteen hundred eighty-five, which would constitute a
violation of section eleven hundred ninety-two of this chapter; or
(iv) has been convicted of leaving the scene of an accident which
resulted in personal injury or death under subdivision two of section
six hundred of this chapter or an offense committed outside of this
state which would constitute a violation of subdivision two of section
six hundred of this chapter; or
(v) has been convicted of a violation of section 120.04, 120.04-a,
125.13, 125.14 or 235.07 of the penal law.
(d) for a period of five years from the date of last conviction, if
that person has been convicted of a violation of subdivision three of
section five hundred eleven of this chapter on or after September
fifteenth, nineteen hundred eighty-five;
(e) for a period of one year, if that person accumulates nine or more
points on his or her driving record for acts occurring during an eigh-
teen month period, provided, however, that the disqualification shall
terminate if the person has reduced the points to less than nine through
the successful completion of a motor vehicle accident prevention course.
(f) for a period of one year, if that person was the operator of a
motor vehicle involved in two or more accidents of a nature and type set
forth in section five hundred nine-a of this article, where such acci-
dents occurred within an eighteen-month period following a reexamination
conducted pursuant to section five hundred nine-bb of this article,
provided that accidents in which the driver was completely without fault
S. 1634--A 14
shall not be included in determining whether such disqualification is
required;
(g) for a period of one year, if that person fails to pass a road test
administered pursuant to section five hundred nine-bb of this article;
provided, however, that such person shall be given the opportunity to
complete a motor vehicle accident prevention course approved by the
commissioner and to then undergo a second road test administered pursu-
ant to section five hundred nine-bb of this article, and such disquali-
fication shall cease if such person passes such second road test.
(h) for the period that such person's license is revoked or suspended
for violating section eleven hundred ninety-two of this chapter or an
offense committed outside of this state which would constitute a
violation of section eleven hundred ninety-two of this chapter. Such
disqualification shall be for not less than six months.
(3)] A person shall be disqualified from operating a school bus if
that person has had any license, permit, or privilege to operate a motor
vehicle suspended, revoked, withdrawn or denied and such license, permit
or privilege has not been reinstated by the authority which took such
action. Provided, however, that the provisions of this subdivision shall
not apply to a person whose (i) license, permit or privilege to operate
a motor vehicle cannot be reinstated because of non-residency in the
state in which the license was suspended, revoked, withdrawn or denied
or (ii) a person holds a conditional driver's license or a restricted
use license issued by the commissioner pursuant to the provisions of
article twenty-one or twenty-one-A of this chapter, and is not disquali-
fied under any other provision of this article.
[(4) (a) The offenses referred to in subparagraph (ii) of paragraph
(a) of subdivision one and paragraph (a) of subdivision two of this
section that result in permanent disqualification shall include a
conviction under sections 125.12, 125.20, 125.25, 125.26, 125.27,
130.30, 130.35, 130.45, 130.50, 130.70, 135.25, 150.20 of the penal law
or an attempt to commit any of the aforesaid offenses under section
110.00 of the penal law, or any offenses committed under a former
section of the penal law which would constitute violations of the afore-
said sections of the penal law, or any offenses committed outside this
state which would constitute violations of the aforesaid sections of the
penal law.
(b) The offenses referred to in subparagraph (ii) of paragraph (a) of
subdivision one and paragraph (b) of subdivision two of this section
that result in permanent disqualification shall include a conviction
under sections 100.13, 105.15, 105.17, 115.08, 125.10, 125.15, 130.40,
130.60, 130.65, 135.20, 160.15, 220.18, 220.21, 220.39, 220.41, 220.43,
260.00, 263.05, 263.10, 263.15, 265.04 of the penal law or an attempt to
commit any of the aforesaid offenses under section 110.00 of the penal
law, or any offenses committed under a former section of the penal law
which would constitute violations of the aforesaid sections of the penal
law, or any offenses committed outside this state which would constitute
violations of the aforesaid sections of the penal law.
(c) The offenses referred to in subparagraph (i) of paragraph (b) of
subdivision one and subparagraph (i) of paragraph (c) of subdivision two
of this section that result in disqualification for a period of five
years shall include a conviction under sections 100.10, 105.13, 115.05,
120.03, 120.04, 120.04-a, 120.05, 120.10, 120.25, 125.13, 125.14,
125.40, 125.45, 130.20, 130.25, 130.55, 135.10, 135.55, 140.17, 140.25,
140.30, 145.12, 150.10, 150.15, 160.05, 160.10, 220.06, 220.09, 220.16,
220.31, 220.34, 220.60, 221.30, 221.50, 221.55, 230.00, 230.05, 230.06,
S. 1634--A 15
230.20, 230.25, 230.30, 230.32, 235.05, 235.06, 235.07, 235.21, 240.06,
245.00, 260.10, subdivision two of section 260.20 and sections 260.25,
265.02, 265.03, 265.08, 265.09, 265.10, 265.12, 265.35 of the penal law
or an attempt to commit any of the aforesaid offenses under section
110.00 of the penal law, or any similar offenses committed under a
former section of the penal law, or any offenses committed under a
former section of the penal law which would constitute violations of the
aforesaid sections of the penal law, or any offenses committed outside
this state which would constitute violations of the aforesaid sections
of the penal law.
(5) As a part of such determination concerning whether an individual
is disqualified from operating a school bus pursuant to this section,
the department shall submit a prospective driver's fingerprints to the
division of criminal justice services for a state criminal history
record check, as defined in subdivision one of section three thousand
thirty-five of the education law, and may submit such fingerprints to
the federal bureau of investigation for a national criminal history
record check.] (3) THE DEPARTMENT SHALL SUBMIT TO THE DIVISION OF CRIMI-
NAL JUSTICE SERVICES TWO SETS OF FINGERPRINTS OF A PROSPECTIVE SCHOOL
BUS DRIVER AS DEFINED IN PARAGRAPH (A) OF SUBDIVISION ONE OF SECTION
FIVE HUNDRED NINE-A OF THIS ARTICLE, AND THE DIVISION OF CRIMINAL
JUSTICE SERVICES PROCESSING FEE IMPOSED PURSUANT TO SUBDIVISION EIGHT-A
OF SECTION EIGHT HUNDRED THIRTY-SEVEN OF THE EXECUTIVE LAW AND ANY FEE
IMPOSED BY THE FEDERAL BUREAU OF INVESTIGATION. THE DIVISION OF CRIMINAL
JUSTICE SERVICES AND THE FEDERAL BUREAU OF INVESTIGATION SHALL FORWARD
SUCH CRIMINAL HISTORY RECORD TO THE DEPARTMENT IN A TIMELY MANNER. FOR
THE PURPOSES OF THIS SECTION, THE TERM "CRIMINAL HISTORY RECORD" SHALL
MEAN A RECORD OF ALL CONVICTIONS OF CRIMES AND ANY PENDING CRIMINAL
CHARGES MAINTAINED ON AN INDIVIDUAL BY THE DIVISION OF CRIMINAL JUSTICE
SERVICES AND THE FEDERAL BUREAU OF INVESTIGATION. THE PROVISION OF SUCH
INFORMATION BY THE DIVISION OF CRIMINAL JUSTICE SERVICES SHALL BE
SUBJECT TO THE PROVISIONS OF SUBDIVISION SIXTEEN OF SECTION TWO HUNDRED
NINETY-SIX OF THE EXECUTIVE LAW. THE CONSIDERATION OF SUCH CRIMINAL
HISTORY RECORD BY THE DEPARTMENT SHALL BE SUBJECT TO ARTICLE
TWENTY-THREE-A OF THE CORRECTION LAW.
(4) AFTER RECEIPT OF A CRIMINAL HISTORY RECORD FROM THE DIVISION OF
CRIMINAL JUSTICE SERVICES AND THE FEDERAL BUREAU OF INVESTIGATION THE
DEPARTMENT SHALL PROMPTLY NOTIFY THE APPROPRIATE MOTOR CARRIER WHETHER
THE PROSPECTIVE SCHOOL BUS DRIVER TO WHICH THE REPORT RELATES IS QUALI-
FIED OR DISQUALIFIED FOR EMPLOYMENT BASED UPON HIS OR HER CRIMINAL
HISTORY. ALL DETERMINATIONS TO GRANT OR DENY CLEARANCE FOR EMPLOYMENT
PURSUANT TO THIS PARAGRAPH SHALL BE PERFORMED IN ACCORDANCE WITH SUBDI-
VISION SIXTEEN OF SECTION TWO HUNDRED NINETY-SIX OF THE EXECUTIVE LAW
AND ARTICLE TWENTY-THREE-A OF THE CORRECTION LAW. WHEN THE DEPARTMENT
DENIES A PROSPECTIVE SCHOOL BUS DRIVER CLEARANCE FOR EMPLOYMENT, SUCH
PROSPECTIVE SCHOOL BUS DRIVER SHALL BE AFFORDED NOTICE AND THE RIGHT TO
BE HEARD AND OFFER PROOF IN OPPOSITION TO SUCH DETERMINATION IN ACCORD-
ANCE WITH THE REGULATIONS OF THE DEPARTMENT AND PARAGRAPH (B) OF SUBDI-
VISION TWO OF SECTION FIVE HUNDRED NINE-D OF THIS ARTICLE.
(5) THE COMMISSIONER SHALL CONSULT WITH THE COMMISSIONER OF EDUCATION
TO DEVELOP PROCEDURES FOR THE APPLICATION OF THE DISQUALIFICATION CRITE-
RIA SET FORTH IN THIS SECTION.
S 24. Subdivision 2 of section 509-d of the vehicle and traffic law,
as added by chapter 675 of the laws of 1985 and paragraph (a) as amended
by chapter 164 of the laws of 2003, is amended to read as follows:
S. 1634--A 16
(2) Investigations and inquiries of drivers of school buses; mainte-
nance of file; availability to subsequent employer. (a) A motor carrier
shall request the department to initiate a criminal history RECORD check
for persons employed as drivers of school buses, as defined in paragraph
(a) of subdivision one of section five hundred nine-a of this [chapter,
on September fourteenth, nineteen hundred eighty-five by such motor
carrier,] ARTICLE in accordance with [regulations of the commissioner by
requiring such] THE REQUIREMENTS OF SUBDIVISION TWO OF SECTION FIVE
HUNDRED NINE-CC OF THIS ARTICLE WHICH REQUIRES school bus drivers to
submit to the mandated fingerprinting procedure. The department of motor
vehicles at the request of the motor carrier shall initiate a criminal
history check PURSUANT TO SECTION FIVE HUNDRED NINE-CC OF THIS ARTICLE
of all current school bus drivers of such motor carrier [as well as
those hired on or after September fifteenth, nineteen hundred eighty-
five by requiring such drivers and applicants to submit to the mandated
fingerprinting procedure as part of the school bus driver qualification
procedure. Such fingerprinting procedure and the related fee as well as
a procedure]. A PROCEDURE SHALL BE ESTABLISHED for the return of such
fingerprints upon application of a person who has terminated employment
as a school bus driver [shall be established] in accordance with regu-
lations of the commissioner in consultation with the commissioner of the
division of criminal justice services. [The fee to be paid by or on
behalf of the school bus driver or applicant shall be no more than five
dollars over the cost to the commissioner for the criminal history
check.] No cause of action against the department, the division of crim-
inal justice services, a motor carrier or political subdivision for
damages related to the dissemination of criminal history records pursu-
ant to this section shall exist when such department, division, motor
carrier or political subdivision has reasonably and in good faith relied
upon the accuracy and completeness of criminal history information
furnished to it by qualified agencies. [Fingerprints submitted to the
division of criminal justice services pursuant to this subdivision may
also be submitted to the federal bureau of investigation for a national
criminal history record check.]
(b) After a motor carrier has completed the procedures set forth in
paragraph (a) OF this [of] subdivision, it shall designate each new
school bus driver as a conditional school bus driver as defined in
section five hundred nine-h of this article, until the carrier is in
receipt of information of the new school bus driver's qualification from
the department and the required driving records from each appropriate
state agency. If the information received indicates that there is a
pending criminal offense or driving violation that would require
disqualification of a school bus driver under this article, the motor
carrier shall require the applicant to provide documentation evidencing
the disposition of such offense or violation in accordance with regu-
lations established by the commissioner. The department, upon notice of
disqualification to an applicant, shall include in such notice informa-
tion regarding the applicant's right to appeal and contest any claimed
ground for disqualification. Such notice shall also advise the applicant
of his or her right to obtain, examine, inspect and copy any information
used by the department in support of its determination of disqualifica-
tion. In the event the applicant contests the existence of a criminal
conviction in his or her name, such applicant may provide documentation
evidencing the disposition of such offense or violation in accordance
with regulations established by the commissioner.
S. 1634--A 17
S 25. Subdivision 2 of section 1229-d of the vehicle and traffic law,
as amended by chapter 164 of the laws of 2003, is amended to read as
follows:
(2) Screening of applicants for position of school bus attendant (a) a
school district, [pursuant to a policy statement or resolution adopted
by such district, may review the qualifications of] CHARTER SCHOOL OR
BOARD OF COOPERATIVE EDUCATIONAL SERVICES SHALL, FOR every applicant for
the position of school bus attendant on school buses operated by or
under contract to the district [and determine at its discretion whether
the applicant is suitable for qualification. In such cases, applicants
may be made the subject of a criminal history check. Upon receipt of the
fingerprints forwarded to them by such school district, the division of
criminal justice services shall forward to such school district the
criminal history review. A fee not to exceed the cost for the criminal
history review shall be charged by the division of criminal justice
services. Such fingerprints also may be submitted to the federal bureau
of investigation for a national criminal history record check.
(b) In determining the qualifications of school bus attendants, a
school district may use the criteria listed in subdivision two of
section five hundred nine-cc of this chapter relative to criminal
convictions], REQUIRE A CRIMINAL HISTORY REVIEW PURSUANT TO SECTION
THREE THOUSAND THIRTY-FIVE OF THE EDUCATION LAW.
[(c)] (B) All inquiries made, and the use of any criminal record
obtained, pursuant to this section shall be in accordance with section
two hundred ninety-six of the executive law. In addition, the secondary
dissemination of such information shall be limited to other authorized
agencies, by express agreement between the school district and the divi-
sion of criminal justice services, or as authorized pursuant to federal
law, and rules and regulations. No cause of action against the school
district or division of criminal justice services for damages related to
the dissemination of criminal history records pursuant to this section
shall exist when the school district or division of criminal justice
services has reasonably and in good faith relied upon the accuracy and
completeness of criminal history information furnished to it by quali-
fied agencies.
S 26. This act shall take effect July 1, 2011; provided, however that
section fourteen of this act shall take effect immediately; provided,
further that the amendments to sections 1604, 1709, 1804, 1950, 2503,
2554 and 2854 of the education law, made by sections two, four, six,
eight, ten, twelve and fifteen of this act shall be subject to the expi-
ration and reversion of such provisions pursuant to section 12 of chap-
ter 147 of the laws of 2001, as amended, when upon such date the
provisions of sections three, five, seven, nine, eleven, thirteen and
sixteen of this act shall take effect.