S T A T E   O F   N E W   Y O R K
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                                  2542

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 20, 2009
                               ___________

Introduced by M. of A. CUSICK -- read once and referred to the Committee
  on Education

AN  ACT to amend the education law, in relation to pre-employment inves-
  tigations for personnel employed in school districts

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The education law is amended by adding a new section 3001-e
to read as follows:
  S 3001-E. PRE-EMPLOYMENT INVESTIGATION OF PERSONNEL EMPLOYED IN SCHOOL
DISTRICTS. 1. EVERY SCHOOL DISTRICT SHALL CONDUCT A PRE-EMPLOYMENT BACK-
GROUND 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  DESIG-
NATED COMMUNICABLE DISEASES IS IN 10 NYCRR 2.1.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01504-01-9

              

A. 2542                             2

  S 2. 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 person-
nel 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.
  S  3.  This  act shall take effect on the ninetieth day after it shall
have become a law; provided however,  that  effective  immediately,  the
addition,  amendment  and/or repeal of any rule and regulation necessary
for the implementation of this act on its effective date are  authorized
and directed to be made and completed on or before such effective date.