Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
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Jan 06, 2010 |
referred to education |
Mar 02, 2009 |
referred to education |
Assembly Bill A6369
2009-2010 Legislative Session
Requires fingerprinting of school employees of public and publicly-funded special education schools and of prospective employees in the office of cultural education; appropriation
download bill text pdfSponsored By
NOLAN
Archive: Last Bill Status - In Assembly Committee
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
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- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
2009-A6369 (ACTIVE) - Details
- See Senate Version of this Bill:
- S3294
- Current Committee:
- Assembly Education
- Law Section:
- Education Law
- Laws Affected:
- Amd Ed L, generally
2009-A6369 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 6369 2009-2010 Regular Sessions I N A S S E M B L Y March 2, 2009 ___________ Introduced by M. of A. NOLAN -- (at request of the State Education Department) -- read once and referred to the Committee on Education AN ACT to amend the education law, in relation to requiring the finger- printing of prospective employees of public or publicly-funded special education schools and prospective employees in the office of cultural education, for the purpose of conducting criminal history record checks; and making an appropriation therefor THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Paragraphs (a) and (b) of subdivision 30 of section 305 of the education law, paragraph (a), the opening paragraph of paragraph (b) and subparagraph (i) of paragraph (b) as amended by chapter 630 of the laws of 2006 and 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- ing of prospective employees, as defined in section eleven hundred twen- ty-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. 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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD09354-02-9 A. 6369 2 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 fing- erprinting 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 nonpub- lic and private elementary and secondary schools that elect to finger- print 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 will be used upon submission to the division of criminal justice services; (ii) inform the prospective employee that he or she has the right to obtain, review and seek correction of his or her criminal history infor- mation pursuant to regulations and procedures established by the divi- sion of criminal justice services. S 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 termi- nated 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] TWELVE MONTHS of such termi- nation, 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 S 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. S 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 OPER- ATED PURSUANT TO ARTICLE EIGHTY-SEVEN OR EIGHTY-EIGHT OF THIS CHAPTER, A A. 6369 3 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. S 5. Subdivisions 3, 4, 5 and 6 of section 1125 of the education law, as added by chapter 180 of the laws of 2000, 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, 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 transpor- tation of students to and from school buildings, field trips, co-curri- cular 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 A RESIDENTIAL SCHOOL WITH CHILDREN IN RESIDENTIAL CARE, AS DEFINED IN SUBDIVISION SEVEN OF SECTION FOUR HUNDRED TWELVE 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 REPORT- ING TO THE STATEWIDE CENTRAL REGISTER OF CHILD ABUSE AND MALTREATMENT PURSUANT TO TITLE SIX OF ARTICLE SIX 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 RESIDEN- TIAL 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 RESIDENTIAL CARE," AS DEFINED IN SUBDIVISION SEVEN OF SECTION FOUR HUNDRED TWELVE OF THE SOCIAL SERVICES LAW, FOR WHOM ALLEGATIONS OF ABUSE OF A CHILD IN RESIDENTIAL CARE OR NEGLECT OF A A. 6369 4 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. S 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 allega- tions 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. (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 SUCH NON-RESIDENTIAL SPECIAL EDUCATION SCHOOL, THE REPORT OF SUCH ALLE- GATIONS 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. S 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 volun- teer alleged to have committed an act of child abuse as defined in this article holds a certification or license issued by the department. S 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 reason- ably 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. S 9. Subdivision 1 of section 3035 of the education law, as amended by chapter 630 of the laws of 2006, is amended to read as follows: 1. The commissioner shall submit to the division of criminal justice services two sets of fingerprints of prospective employees as defined in subdivision three of section eleven hundred twenty-five of this chapter received from a school district, charter school or board of cooperative educational services and of prospective employees received from nonpub- lic and private elementary and secondary schools pursuant to title two of this chapter OR A SPECIAL EDUCATION SCHOOL, AS DEFINED IN PARAGRAPH (F) OF SUBDIVISION THIRTY OF SECTION THREE HUNDRED FIVE OF THIS CHAPTER, PURSUANT TO TITLE SIX OF ARTICLE SIX OF THE SOCIAL SERVICES LAW, OTHER THAN A SPECIAL EDUCATION SCHOOL LOCATED IN THE CITY OF NEW YORK, and the division of criminal justice services processing fee imposed pursuant to subdivision eight-a of section eight hundred thirty-seven of the execu- tive law and any fee imposed by the federal bureau of investigation. The division of criminal justice services and the federal bureau of investi- gation shall forward such criminal history record to the commissioner 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. All A. 6369 5 such criminal history records sent to the commissioner pursuant to this subdivision shall be confidential pursuant to the applicable federal and state laws, rules and regulations, and shall not be published or in any way disclosed to persons other than the commissioner, unless otherwise authorized by law. S 10. Subdivisions 3 and 3-a of section 3035 of the education law, subdivision 3 as amended by section 7 of chapter 630 of the laws of 2006 and subdivision 3-a as added by chapter 380 of the laws of 2001, are amended to read as follows: 3. (a) Clearance. After receipt of a criminal history record from the division of criminal justice services and the federal bureau of investi- gation the commissioner shall promptly notify the appropriate school district, charter school, board of cooperative educational services, [or] nonpublic or private elementary or secondary school OR SPECIAL EDUCATION SCHOOL whether the prospective employee to which such report relates is cleared for employment based upon his or her criminal histo- ry. All determinations to grant or deny clearance for employment pursu- ant to this paragraph shall be performed in accordance with subdivision sixteen of section two hundred ninety-six of the executive law and arti- cle twenty-three-A of the correction law. When the commissioner denies a prospective employee clearance for employment, such prospective employee shall be afforded notice and the right to be heard and offer proof in opposition to such determination in accordance with the regulations of the commissioner, PROVIDED THAT IN THE CASE OF PROSPECTIVE EMPLOYEES OF STATE SCHOOLS PURSUANT TO ARTICLE EIGHTY-SEVEN OR EIGHTY-EIGHT OF THIS CHAPTER THE DUE PROCESS PROCEDURES ESTABLISHED BY THE COMMISSIONER PURSUANT TO SECTION FIFTY OF THE CIVIL SERVICE LAW SHALL APPLY. (b) Conditional clearance. When the commissioner receives a request for a determination on the conditional clearance of a prospective employee, the commissioner, after receipt of a criminal history record from the division of criminal justice services, shall promptly notify the prospective employee and the appropriate school district, charter school, board of cooperative educational services, [or] nonpublic or private elementary or secondary school OR SPECIAL EDUCATION SCHOOL that the prospective employee to which such report relates is conditionally cleared for employment based upon his or her criminal history or that more time is needed to make the determination. If the commissioner determines that more time is needed, the notification shall include a good faith estimate of the amount of additional time needed. Such notification shall be made within fifteen business days after the commissioner receives the prospective employee's fingerprints. All determinations to grant or deny conditional 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. 3-a. Upon request from a prospective employee who has been cleared by the commissioner for employment and/or certification, the commissioner shall have the authority to forward a copy of such criminal history record to the city school district of the city of New York by the most expeditious means available. Furthermore, upon notification that such prospective employee is employed by the city school district of the city of New York OR IS EMPLOYED BY A SPECIAL EDUCATION SCHOOL THAT CONTRACTS WITH THE CITY SCHOOL DISTRICT OF THE CITY OF NEW YORK, the division of criminal justice services shall have the authority to provide subsequent criminal history notifications directly to the city school district of the city of New York. Upon request from a prospective employee who has A. 6369 6 been cleared for licensure and/or employment by the city school district of the city of New York OR HAS BEEN CLEARED BY THE CITY OF NEW YORK FOR EMPLOYMENT BY A SPECIAL EDUCATION SCHOOL THAT IS LOCATED OUTSIDE OF THE CITY SCHOOL DISTRICT OF THE CITY OF NEW YORK, such school district OR CITY shall have the authority to forward a copy of the prospective employee's criminal history record to the commissioner, by the most expeditious means available, for the purposes of this section. Further- more, upon notification that such prospective employee is employed by a school district outside the city of New York OR BY A SPECIAL EDUCATION SCHOOL THAT IS LOCATED OUTSIDE OF THE CITY OF NEW YORK, the division of criminal justice services shall have the authority to provide subsequent criminal history notifications directly to the commissioner. S 11. Subdivision 3 of section 3035 of the education law, as amended by section 8 of chapter 630 of the laws of 2006, is amended to read as follows: 3. After receipt of a criminal history record from the division of criminal justice services and the federal bureau of investigation the commissioner shall promptly notify the appropriate school district, charter school, board of cooperative educational services, SPECIAL EDUCATION SCHOOL or nonpublic or private elementary or secondary school whether the prospective employee to which such report relates is cleared for employment based upon his or her criminal history. All determi- nations to grant or deny clearance for employment pursuant to this subdivision shall be performed in accordance with subdivision sixteen of section two hundred ninety-six of the executive law and article twenty- three-A of the correction law. When the commissioner denies a prospec- tive employee clearance for employment, such prospective employee shall be afforded notice and the right to be heard and offer proof in oppo- sition to such determination in accordance with the regulations of the commissioner. S 12. Paragraph (i) of subdivision (a) of section 4212 of the educa- tion law, as amended by chapter 32 of the laws of 1992, is amended to read as follows: (i) consistent with appropriate collective bargaining agreements and applicable provisions of the civil service law, the review and evalu- ation of the backgrounds of and the information supplied by any person applying to be an employee, a volunteer or consultant, which shall include but not be limited to the following requirements: that the applicant set forth his or her employment history, provide personal and employment references, and relevant experiential and educational infor- mation, [and] sign a sworn statement indicating whether the applicant, to the best of his or her knowledge, has ever been convicted of a crime in this state or any other jurisdiction AND, IN THE CASE OF A PROSPEC- TIVE EMPLOYEE, BE FINGERPRINTED FOR PURPOSES OF A CRIMINAL HISTORY BACK- GROUND CHECK PURSUANT TO SUBDIVISION (D) OF THIS SECTION; S 13. Section 4212 of the education law is amended by adding a new subdivision (d) to read as follows: (D)(I) THE SCHOOL SHALL REQUIRE, FOR PURPOSES OF A CRIMINAL HISTORY RECORD CHECK, THE FINGERPRINTING OF ALL PROSPECTIVE EMPLOYEES OF THE SCHOOL PURSUANT TO SUBDIVISION THIRTY OF SECTION THREE HUNDRED FIVE AND SECTION THREE THOUSAND THIRTY-FIVE OF THIS CHAPTER, EXCEPT WHERE SUCH PROSPECTIVE EMPLOYEES HOLD VALID CLEARANCE PURSUANT TO SECTION THREE THOUSAND THIRTY-FIVE OR 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, OR VALID CLEARANCE ISSUED BY THE CITY OF NEW YORK PURSUANT TO LOCAL LAW. PRIOR TO INITIATING THE FINGERPRINTING PROC- A. 6369 7 ESS, THE SCHOOL SHALL FURNISH THE PROSPECTIVE EMPLOYEE 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 COMMIS- SIONER FOR PURPOSES OF CLEARANCE FOR EMPLOYMENT. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, THE COMMISSIONER SHALL BE AUTHORIZED TO PROVIDE SUBSEQUENT CRIMINAL HISTORY NOTIFICATIONS TO THE SCHOOL FOR ITS EMPLOYEES. (II) NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, THE SCHOOL MAY ESTABLISH PROCEDURES FOR THE CONDITIONAL APPOINTMENT OR EMER- GENCY CONDITIONAL APPOINTMENT OF PROSPECTIVE EMPLOYEES OF THE SCHOOL TO THE SAME EXTENT AND UNDER THE SAME CONDITIONS AS A BOARD OF EDUCATION OF A UNION FREE SCHOOL DISTRICT PURSUANT TO SUBDIVISION THIRTY-NINE OF SECTION SEVENTEEN HUNDRED NINE OF THIS CHAPTER. S 14. Paragraph (i) of subdivision (a) of section 4314 of the educa- tion law, as amended by chapter 32 of the laws of 1992, is amended to read as follows: (i) consistent with appropriate collective agreements and applicable provisions of the civil service law, the review and evaluation of the backgrounds of and the information supplied by any person applying to be an employee, a volunteer or consultant, which shall include but not be limited to the following requirements: that the applicant set forth his or her employment history, provide personal and employment references, and relevant experiential and educational information, [and] sign a sworn statement indicating whether the applicant, to the best of his or her knowledge, has ever been convicted of a crime in this state or any other jurisdiction AND, IN THE CASE OF A PROSPECTIVE EMPLOYEE, BE FING- ERPRINTED FOR PURPOSES OF A CRIMINAL HISTORY BACKGROUND CHECK PURSUANT TO SUBDIVISION (D) OF THIS SECTION; S 15. Section 4314 of the education law is amended by adding a new subdivision (d) to read as follows: (D)(I) THE DEPARTMENT SHALL REQUIRE, FOR PURPOSES OF A CRIMINAL HISTO- RY RECORD CHECK, THE FINGERPRINTING OF ALL PROSPECTIVE EMPLOYEES OF THE SCHOOL PURSUANT TO SUBDIVISION THIRTY OF SECTION THREE HUNDRED FIVE AND SECTION THREE THOUSAND THIRTY-FIVE OF THIS CHAPTER, WHO DO NOT HOLD VALID CLEARANCE PURSUANT TO SUCH SECTION THREE THOUSAND THIRTY-FIVE 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, OR VALID CLEARANCE ISSUED BY THE CITY OF NEW YORK PURSUANT TO LOCAL LAW. PRIOR TO INITIATING THE FINGERPRINTING PROCESS, THE DEPARTMENT SHALL FURNISH THE PROSPECTIVE EMPLOYEE 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 COMMIS- SIONER FOR PURPOSES OF CLEARANCE FOR EMPLOYMENT. (II) NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, THE COMMISSIONER MAY ESTABLISH PROCEDURES FOR THE CONDITIONAL APPOINTMENT OR EMERGENCY CONDITIONAL APPOINTMENT OF PROSPECTIVE EMPLOYEES OF THE SCHOOL BY THE DEPARTMENT TO THE SAME EXTENT AND UNDER THE SAME CONDITIONS AS A BOARD OF EDUCATION OF A UNION FREE SCHOOL DISTRICT PURSUANT TO SUBDIVI- SION THIRTY-NINE OF SECTION SEVENTEEN HUNDRED NINE OF THIS CHAPTER. S 16. Paragraph (i) of subdivision (a) of section 4358 of the educa- tion law, as amended by chapter 32 of the laws of 1992, is amended to read as follows: A. 6369 8 (i) consistent with appropriate collective bargaining agreements and applicable provisions of the civil service law, the review and evalu- ation of the backgrounds of and the information supplied by any person applying to be an employee, a volunteer or consultant, which shall include but not be limited to the following requirements: that the applicant set forth his or her employment history, provide personal and employment references and relevant experiential and educational informa- tion, [and] sign a sworn statement indicating whether the applicant, to the best of his or her knowledge, has ever been convicted of a crime in this state or any other jurisdiction AND, IN THE CASE OF A PROSPECTIVE EMPLOYEE, BE FINGERPRINTED FOR PURPOSES OF A CRIMINAL HISTORY BACKGROUND CHECK PURSUANT TO SUBDIVISION (D) OF THIS SECTION; S 17. Section 4358 of the education law is amended by adding a new subdivision (d) to read as follows: (D) (I) THE DEPARTMENT SHALL REQUIRE, FOR PURPOSES OF A CRIMINAL HISTORY RECORD CHECK, THE FINGERPRINTING OF ALL PROSPECTIVE EMPLOYEES OF THE SCHOOL PURSUANT TO SUBDIVISION THIRTY OF SECTION THREE HUNDRED FIVE AND SECTION THREE THOUSAND THIRTY-FIVE OF THIS CHAPTER, WHO DO NOT HOLD VALID CLEARANCE PURSUANT TO SUCH SECTION THREE THOUSAND THIRTY-FIVE 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, OR VALID CLEARANCE ISSUED BY THE CITY OF NEW YORK PURSUANT TO LOCAL LAW. PRIOR TO INITIATING THE FINGERPRINTING PROCESS, THE DEPARTMENT SHALL FURNISH THE PROSPECTIVE EMPLOYEE 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 COMMIS- SIONER FOR PURPOSES OF CLEARANCE FOR EMPLOYMENT. (II) NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, THE COMMISSIONER MAY ESTABLISH PROCEDURES FOR THE CONDITIONAL APPOINTMENT OR EMERGENCY CONDITIONAL APPOINTMENT OF PROSPECTIVE EMPLOYEES OF THE SCHOOL BY THE DEPARTMENT TO THE SAME EXTENT AND UNDER THE SAME CONDITIONS AS A BOARD OF EDUCATION OF A UNION FREE SCHOOL DISTRICT PURSUANT TO SUBDIVI- SION THIRTY-NINE OF SECTION SEVENTEEN HUNDRED NINE OF THIS CHAPTER. S 18. Paragraph (a) of subdivision 11 of section 4403 of the education law, as amended by chapter 32 of the laws of 1992, is amended to read as follows: (a) consistent with appropriate collective bargaining agreements and applicable provisions of the civil service law, the review and evalu- ation of the backgrounds of and the information supplied by any person applying to be an employee, a volunteer or consultant, which shall include but not be limited to the following requirements: that the applicant set forth his or her employment history, provide personal and employment references, and relevant experiential and educational quali- fications [and], sign a sworn statement indicating whether the appli- cant, to the best of his or her knowledge has ever been convicted of a crime in this state or any other jurisdiction AND, IN THE CASE OF A PROSPECTIVE EMPLOYEE, BE FINGERPRINTED FOR PURPOSES OF A CRIMINAL HISTO- RY BACKGROUND CHECK PURSUANT TO SUBDIVISION TWENTY-ONE OF THIS SECTION; S 19. Section 4403 of the education law is amended by adding a new subdivision 21 to read as follows: 21. A. THE COMMISSIONER SHALL REQUIRE, FOR PURPOSES OF A CRIMINAL HISTORY RECORD CHECK, THE FINGERPRINTING OF ALL PROSPECTIVE EMPLOYEES OF APPROVED PRIVATE RESIDENTIAL AND NON-RESIDENTIAL SCHOOLS WHICH ARE LOCATED WITHIN THE STATE BY SUCH SCHOOLS PURSUANT TO SUBDIVISION THIRTY A. 6369 9 OF SECTION THREE HUNDRED FIVE AND SECTION THREE THOUSAND THIRTY-FIVE OF THIS CHAPTER, EXCEPT WHERE SUCH PROSPECTIVE EMPLOYEES HOLD VALID CLEAR- ANCE PURSUANT TO SUCH SECTION THREE THOUSAND THIRTY-FIVE 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, OR VALID CLEARANCE ISSUED BY THE CITY OF NEW YORK PURSUANT TO LOCAL LAW. THE PROVISIONS OF THIS SUBDIVISION SHALL NOT APPLY TO PROGRAMS OPERATED PURSUANT TO SECTION FORTY-FOUR HUNDRED EIGHT OF THIS ARTICLE BY A SCHOOL DISTRICT OR BOARD OF COOPERATIVE EDUCATIONAL SERVICES. PRIOR TO INITIAT- ING THE FINGERPRINTING PROCESS, THE SCHOOL SHALL FURNISH THE PROSPECTIVE EMPLOYEE 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. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, THE COMMIS- SIONER SHALL BE AUTHORIZED TO PROVIDE SUBSEQUENT CRIMINAL HISTORY NOTIFICATIONS TO APPROVED PRIVATE SCHOOLS FOR THEIR EMPLOYEES. B. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, THE APPROVED PRIVATE SCHOOL MAY ESTABLISH PROCEDURES FOR THE CONDITIONAL APPOINTMENT OR EMERGENCY CONDITIONAL APPOINTMENT OF PROSPECTIVE EMPLOY- EES OF THE SCHOOL TO THE SAME EXTENT AND UNDER THE SAME CONDITIONS AS A BOARD OF EDUCATION OF A UNION FREE SCHOOL DISTRICT PURSUANT TO SUBDIVI- SION THIRTY-NINE OF SECTION SEVENTEEN HUNDRED NINE OF THIS CHAPTER. S 20. Section 4410 of the education law is amended by adding a new subdivision 9-e to read as follows: 9-E. CRIMINAL HISTORY RECORD CHECK. A. THE COMMISSIONER SHALL REQUIRE, FOR PURPOSES OF A CRIMINAL HISTORY RECORD CHECK, THE FINGER- PRINTING OF ALL PROSPECTIVE EMPLOYEES OF APPROVED PROVIDERS OF SPECIAL SERVICES OR PROGRAMS THAT ARE LOCATED WITHIN THE STATE PURSUANT TO SUBDIVISION THIRTY OF SECTION THREE HUNDRED FIVE AND SECTION THREE THOU- SAND THIRTY-FIVE OF THIS CHAPTER, EXCEPT WHERE SUCH PROSPECTIVE EMPLOY- EES HOLD VALID CLEARANCE PURSUANT TO SECTION THREE THOUSAND THIRTY-FIVE OR 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 OR A VALID CLEARANCE ISSUED BY THE CITY OF NEW YORK PURSUANT TO LOCAL LAW. AN INDIVIDUAL WHO PROVIDES RELATED SERVICES PURSUANT TO THIS SECTION SHALL BE DEEMED A PROSPECTIVE EMPLOYEE FOR PURPOSES OF THIS SUBDIVISION AND SHALL BE RESPONSIBLE FOR SUBMITTING HIS OR HER FINGERPRINTS TO THE COMMISSIONER FOR PURPOSES OF RECEIVING CLEARANCE FOR EMPLOYMENT PRIOR TO HIS OR HER INCLUSION ON A LIST OF RELATED SERVICE PROVIDERS MAINTAINED BY THE MUNICIPALITY OR BOARD PURSUANT TO PARAGRAPH C OF SUBDIVISION NINE OF THIS SECTION. PRIOR TO INITIATING THE FINGERPRINTING PROCESS, THE PROVIDER SHALL FURNISH ITS PROSPECTIVE EMPLOYEE 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. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, THE COMMISSIONER SHALL BE AUTHORIZED TO PROVIDE SUBSE- QUENT CRIMINAL HISTORY NOTIFICATIONS TO APPROVED PROVIDERS FOR THEIR EMPLOYEES. IN THE CASE OF A PROSPECTIVE EMPLOYEE WHO IS EMPLOYED BY THE CITY SCHOOL DISTRICT OF THE CITY OF NEW YORK, THE COMMISSIONER SHALL BE AUTHORIZED TO PROVIDE SUBSEQUENT CRIMINAL HISTORY NOTIFICATIONS DIRECTLY TO THE CITY SCHOOL DISTRICT OF THE CITY OF NEW YORK. A. 6369 10 B. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, THE APPROVED PROVIDER MAY ESTABLISH PROCEDURES FOR THE CONDITIONAL APPOINT- MENT OR EMERGENCY CONDITIONAL APPOINTMENT OF PROSPECTIVE EMPLOYEES OF THE PROVIDER TO THE SAME EXTENT AND UNDER THE SAME CONDITIONS AS A BOARD OF EDUCATION OF A UNION FREE SCHOOL DISTRICT PURSUANT TO SUBDIVISION THIRTY-NINE OF SECTION SEVENTEEN HUNDRED NINE OF THIS CHAPTER. C. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, THE COMMISSIONER MAY ESTABLISH PROCEDURES FOR THE CONDITIONAL APPOINTMENT OR EMERGENCY CONDITIONAL APPOINTMENT OF INDIVIDUALS WHO PROVIDE RELATED SERVICES PURSUANT TO THIS SECTION TO THE SAME EXTENT AND UNDER THE SAME CONDITIONS AS A BOARD OF EDUCATION OF A UNION FREE SCHOOL DISTRICT PURSUANT TO SUBDIVISION THIRTY-NINE OF SECTION SEVENTEEN HUNDRED NINE OF THIS CHAPTER. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRA- RY, THE COMMISSIONER SHALL PROVIDE EACH MUNICIPALITY OR BOARD IN WHICH SUCH INDIVIDUAL SEEKS TO BE INCLUDED ON A LIST OF RELATED SERVICES OR SPECIAL EDUCATION ITINERANT SERVICES PROVIDERS WITH A COPY OF SUCH INDI- VIDUAL'S CRIMINAL CLEARANCE OR DENIAL OF CRIMINAL CLEARANCE, AND IN THE EVENT OF A DENIAL OF CLEARANCE, SUCH MUNICIPALITY OR BOARD SHALL REMOVE THE INDIVIDUAL FROM SUCH LIST UNLESS CRIMINAL CLEARANCE IS SUBSEQUENTLY ISSUED BY THE COMMISSIONER. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, THE COMMISSIONER SHALL BE AUTHORIZED TO PROVIDE SUBSE- QUENT CRIMINAL HISTORY NOTIFICATIONS TO EACH MUNICIPALITY OR BOARD IN WHICH SUCH INDIVIDUAL IS INCLUDED ON A LIST OF RELATED SERVICE PROVID- ERS. S 21. The education law is amended by adding a new section 276-a to read as follows: S 276-A. CRIMINAL HISTORY RECORD CHECKS OF PROSPECTIVE EMPLOYEES AND VOLUNTEERS WORKING IN THE OFFICE OF CULTURAL EDUCATION. 1. AS USED IN THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS, EXCEPT WHERE THE CONTEXT INDICATES A DIFFERENT MEANING: A. "CHILDREN" SHALL MEAN A MINOR OR INFANT AS DEFINED IN SUBDIVISION EIGHTEEN OF SECTION TWO OF THIS TITLE. B. "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. C. "EMPLOYEE" SHALL MEAN: (I) ANY EMPLOYEE OF THE DEPARTMENT WHO IS OR WILL BE ASSIGNED TO WORK IN THE OFFICE OF CULTURAL EDUCATION OR A FACILITY HOUSING A PART OF SUCH OFFICE; (II) AN EMPLOYEE OF THE UNIVERSITY OF THE STATE OF NEW YORK, ARCHIVES PARTNERSHIP TRUST OR OTHER ORGANIZATION AFFILIATED WITH THE DEPARTMENT WHO IS ASSIGNED TO WORK IN THE OFFICE OF CULTURAL EDUCATION OR A FACILI- TY HOUSING A PART OF SUCH OFFICE WHOSE SERVICES INVOLVE UNSUPERVISED DIRECT CONTACT WITH CHILDREN OR UNSUPERVISED ACCESS TO COLLECTIONS; (III) A CONTRACTED SERVICE PROVIDER OR AN EMPLOYEE OF A CONTRACTED SERVICE PROVIDER WHO PROVIDES SERVICES IN A FACILITY HOUSING ANY PART OF THE OFFICE OF CULTURAL EDUCATION AND WHOSE SERVICES INVOLVE UNSUPERVISED DIRECT CONTACT WITH CHILDREN OR UNSUPERVISED ACCESS TO COLLECTIONS. D. "OFFICE OF CULTURAL EDUCATION" MEANS THE DIVISION OF THE DEPART- MENT, HEADED BY A DEPUTY COMMISSIONER, THAT HAS ADMINISTRATIVE RESPONSI- BILITY OVER THE STATE MUSEUM, STATE LIBRARY, STATE ARCHIVES AND THE STATE SCIENCE SERVICE, OR ANY SUCCESSOR DIVISION OF THE DEPARTMENT THAT HAS ADMINISTRATIVE RESPONSIBILITY OVER ONE OR MORE OF SUCH OFFICES. E. "PROSPECTIVE EMPLOYEE" MEANS A CANDIDATE FOR EMPLOYMENT WHO WILL BE HIRED ON OR AFTER THE EFFECTIVE DATE OF THIS SECTION, OR AN EMPLOYEE WHO A. 6369 11 IS TRANSFERRED OR FIRST ASSIGNED ON OR AFTER THE EFFECTIVE DATE OF THIS SECTION TO WORK OR PROVIDE SERVICES IN THE OFFICE OF CULTURAL EDUCATION OR A FACILITY HOUSING A PART OF SUCH OFFICE. F. "VOLUNTEER" SHALL MEAN ANY PERSON, OTHER THAN AN OFFICER OR EMPLOY- EE OF THE STATE, WHO PROVIDES SERVICES TO THE OFFICE OF CULTURAL EDUCA- TION OR IN A FACILITY HOUSING A PART OF SUCH OFFICE ON MORE THAN AN INCIDENTAL BASIS, AS DEFINED IN THE REGULATIONS OF THE COMMISSIONER, AND WHOSE SERVICES INVOLVE UNSUPERVISED DIRECT CONTACT WITH CHILDREN OR UNSUPERVISED ACCESS TO COLLECTIONS. 2. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, RULE OR REGULATION TO THE CONTRARY, THE COMMISSIONER SHALL BE AUTHORIZED, AND IT SHALL BE THE COMMISSIONER'S DUTY, TO REQUIRE THE FINGERPRINTING OF PROSPECTIVE EMPLOYEES AND VOLUNTEERS, FOR THE PURPOSE OF CONDUCTING A CRIMINAL HISTORY RECORD CHECK PURSUANT TO THE PROVISIONS OF THIS SECTION AND THE REGULATIONS OF THE COMMISSIONER ADOPTED TO IMPLEMENT THIS SECTION; EXCEPT THAT AN INDIVIDUAL WHO HOLDS A VALID CLEARANCE UNDER ANY PROVISION OF LAW THAT REQUIRES A CRIMINAL HISTORY RECORD CHECK THROUGH THE DIVISION OF CRIMINAL JUSTICE SERVICES AND THE FEDERAL BUREAU OF INVESTIGATION SHALL NOT BE REQUIRED TO UNDERGO A NEW CRIMINAL HISTORY RECORD CHECK PURSUANT TO THIS SECTION, PROVIDED THAT THE DEPARTMENT HAS ACCESS TO THE INDIVIDUAL'S CRIMINAL HISTORY RECORD OR DETERMINES THAT SUCH ACCESS IS NOT NECESSARY BECAUSE THE POSITION THE INDIVIDUAL WOULD HOLD IN THE OFFICE OF CULTURAL EDUCATION IS COMPARABLE TO THE POSITION FOR WHICH THE PRIOR CRIMINAL HISTORY RECORD CHECK WAS CONDUCTED OR BECAUSE SUCH PRIOR CRIMINAL HISTORY RECORD CHECK WAS CONDUCTED TO OBTAIN A STATE LICENSE THAT IS ALSO REQUIRED FOR SERVICE IN THE POSITION IN THE OFFICE OF CULTURAL EDUCATION. 3. A. TO OBTAIN A CRIMINAL HISTORY RECORD, THE COMMISSIONER SHALL SUBMIT TO THE DIVISION OF CRIMINAL JUSTICE SERVICES TWO SETS OF FINGER- PRINTS OF EACH PROSPECTIVE EMPLOYEE OR VOLUNTEER, 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 COMMISSIONER IN A TIMELY MANNER. ALL SUCH CRIMINAL HISTORY RECORDS SENT TO THE COMMISSIONER PURSUANT TO THIS SECTION SHALL BE CONFIDENTIAL PURSUANT TO THE APPLICA- BLE FEDERAL AND STATE LAWS, RULES AND REGULATIONS, AND SHALL NOT BE PUBLISHED OR IN ANY WAY DISCLOSED TO PERSONS OTHER THAN OFFICERS OR EMPLOYEES OF THE DEPARTMENT UNLESS OTHERWISE AUTHORIZED BY LAW. B. NO CAUSE OF ACTION AGAINST THE COMMISSIONER, THE DEPARTMENT OR THE DIVISION OF CRIMINAL JUSTICE SERVICES, OR THEIR OFFICERS OR EMPLOYEES, FOR DAMAGES RELATED TO THE DISSEMINATION OF CRIMINAL HISTORY RECORDS PURSUANT TO THIS SECTION SHALL EXIST WHEN THE COMMISSIONER, DEPARTMENT OR DIVISION OF CRIMINAL JUSTICE SERVICES, OR OFFICER OR EMPLOYEE HAS REASONABLY AND IN GOOD FAITH RELIED UPON THE ACCURACY AND COMPLETENESS OF CRIMINAL HISTORY INFORMATION FURNISHED BY QUALIFIED AGENCIES. 4. AFTER REVIEW OF A CRIMINAL HISTORY RECORD FROM THE DIVISION OF CRIMINAL JUSTICE SERVICES AND THE FEDERAL BUREAU OF INVESTIGATION, THE COMMISSIONER SHALL PROMPTLY DETERMINE WHETHER THE PROSPECTIVE EMPLOYEE OR VOLUNTEER TO WHICH SUCH REPORT RELATES IS CLEARED TO PROVIDE SERVICES IN THE OFFICE OF CULTURAL EDUCATION BASED UPON HIS OR HER CRIMINAL HISTORY. ALL DETERMINATIONS TO GRANT OR DENY CLEARANCE PURSUANT TO THIS SUBDIVISION SHALL BE PERFORMED IN ACCORDANCE WITH SUBDIVISION SIXTEEN OF SECTION TWO HUNDRED NINETY-SIX OF THE EXECUTIVE LAW AND ARTICLE TWENTY- THREE-A OF THE CORRECTION LAW. WHEN THE COMMISSIONER DENIES A PROSPEC- A. 6369 12 TIVE EMPLOYEE CLEARANCE FOR EMPLOYMENT, SUCH PROSPECTIVE EMPLOYEE OR VOLUNTEER SHALL BE AFFORDED NOTICE AND THE RIGHT TO BE HEARD AND OFFER PROOF IN OPPOSITION TO SUCH DETERMINATION IN ACCORDANCE WITH THE REGU- LATIONS OF THE COMMISSIONER, WHICH SHALL BE CONSISTENT WITH THE DUE PROCESS PROCEDURES ESTABLISHED BY THE COMMISSIONER PURSUANT TO SECTION FIFTY OF THE CIVIL SERVICE LAW. 5. NOTWITHSTANDING ANY OTHER PROVISION OF THIS SECTION TO THE CONTRA- RY, WHERE A DELAY IN COMPLETING A CRIMINAL HISTORY RECORD CHECK WOULD IMPAIR THE ABILITY OF THE OFFICE OF CULTURAL EDUCATION TO MAINTAIN SERVICES, THE COMMISSIONER SHALL BE AUTHORIZED TO CONDITIONALLY APPOINT, ASSIGN OR TRANSFER A PROSPECTIVE EMPLOYEE TO PROVIDE SERVICES IN THE OFFICE OF CULTURAL EDUCATION OR TO AUTHORIZE A VOLUNTEER TO PROVIDE SUCH SERVICES, UPON THE CONDITION THAT SUCH INDIVIDUAL OBTAINS FULL CLEARANCE PURSUANT TO THIS SECTION. PRIOR TO MAKING SUCH CONDITIONAL APPOINTMENT, ASSIGNMENT OR TRANSFER OF A PROSPECTIVE EMPLOYEE, OR AUTHORIZING SUCH A VOLUNTEER TO PROVIDE SERVICES, THE COMMISSIONER SHALL SUBMIT SUCH INDI- VIDUAL'S FINGERPRINTS TO THE DIVISION OF CRIMINAL JUSTICE SERVICES PURSUANT TO SUBDIVISION THREE OF THIS SECTION AND SHALL OBTAIN A SIGNED STATEMENT FROM THE INDIVIDUAL INDICATING WHETHER, TO THE BEST OF HIS OR HER KNOWLEDGE, HE OR SHE HAS A PENDING CRIMINAL CHARGE OR CRIMINAL CONVICTION IN ANY JURISDICTION. THE COMMISSIONER SHALL ESTABLISH POLI- CIES AND PROCEDURES TO ASSURE THAT CHILDREN AND THE COLLECTIONS ARE PROTECTED PRIOR TO THE TIME THE INDIVIDUAL RECEIVES CLEARANCE, THROUGH SUCH MEANS AS PROHIBITING UNSUPERVISED CONTACT WITH CHILDREN OR THE COLLECTIONS. THE CONDITIONAL APPOINTMENT, TRANSFER, ASSIGNMENT OR AUTHORIZATION SHALL TERMINATE IF THE COMMISSIONER DENIES CLEARANCE TO THE INDIVIDUAL, AND IF THE COMMISSIONER GRANTS CLEARANCE, THE APPOINT- MENT, TRANSFER, ASSIGNMENT OR AUTHORIZATION SHALL CONTINUE, AND THE CONDITIONAL STATUS SHALL BE REMOVED, PROVIDED THAT NOTHING IN THIS SUBDIVISION SHALL BE CONSTRUED TO MAKE THE APPOINTMENT OR TRANSFER PERMANENT TO OTHERWISE CONFER GREATER RIGHTS ON A PROSPECTIVE EMPLOYEE THAN SUCH EMPLOYEE WOULD HAVE HAD IF THE EMPLOYEE HAD NOT BEEN CONDI- TIONALLY APPOINTED, TRANSFERRED OR ASSIGNED. 6. NOTWITHSTANDING ANY LAW, RULE OR REGULATION TO THE CONTRARY, UPON DENIAL OF CLEARANCE BY THE COMMISSIONER OR UPON REFUSAL TO BE FINGER- PRINTED, A PROSPECTIVE EMPLOYEE SHALL BE DISQUALIFIED FOR APPOINTMENT TO THE POSITION SOUGHT IN THE OFFICE OF CULTURAL EDUCATION OR, WHERE APPLI- CABLE, FOR TRANSFER OR ASSIGNMENT TO SUCH POSITION IN SUCH OFFICE. UPON DENIAL OF CLEARANCE TO A VOLUNTEER OR UPON THE VOLUNTEER'S REFUSAL TO BE FINGERPRINTED, THE COMMISSIONER SHALL NOT ALLOW SUCH VOLUNTEER TO PROVIDE SERVICES IN THE OFFICE OF CULTURAL EDUCATION. 7. THE COMMISSIONER SHALL: A. INFORM EACH PROSPECTIVE EMPLOYEE AND VOLUNTEER THAT THE COMMISSION- ER IS REQUIRED TO REQUEST HIS OR HER CRIMINAL HISTORY RECORD FROM THE DIVISION OF CRIMINAL JUSTICE SERVICES AND THE FEDERAL BUREAU OF INVESTI- GATION AND REVIEW SUCH INFORMATION PURSUANT TO THIS SECTION, AND SHALL PROVIDE A DESCRIPTION OF THE MANNER IN WHICH HIS OR HER FINGERPRINT CARDS WILL BE USED UPON SUBMISSION TO THE DIVISION OF CRIMINAL JUSTICE SERVICES; B. INFORM THE PROSPECTIVE EMPLOYEE OR VOLUNTEER THAT HE OR SHE HAS THE RIGHT TO OBTAIN, REVIEW AND SEEK CORRECTION OF HIS OR HER CRIMINAL HISTORY RECORD PURSUANT TO REGULATIONS AND PROCEDURES ESTABLISHED BY THE DIVISION OF CRIMINAL JUSTICE SERVICES; AND C. OBTAIN THE SIGNED, INFORMED CONSENT OF THE PROSPECTIVE EMPLOYEE ON A FORM THAT INDICATES THAT SUCH PERSON HAS: A. 6369 13 (I) BEEN INFORMED OF THE RIGHT AND PROCEDURES NECESSARY TO OBTAIN, REVIEW AND SEEK CORRECTION OF HIS OR HER CRIMINAL HISTORY INFORMATION; (II) BEEN INFORMED OF THE REASON FOR THE REQUEST FOR HIS OR HER CRIMI- NAL HISTORY RECORD; (III) CONSENTED TO SUCH REQUEST FOR A CRIMINAL HISTORY RECORD; (IV) SUPPLIED ON THE FORM A CURRENT MAILING OR HOME ADDRESS FOR THE PROSPECTIVE EMPLOYEE OR VOLUNTEER; (V) IN THE CASE OF A PROSPECTIVE EMPLOYEE, BEEN INFORMED THAT HE OR SHE MAY WITHDRAW HIS OR HER APPLICATION FOR EMPLOYMENT PURSUANT TO THIS SECTION OR A REQUEST FOR TRANSFER OR ASSIGNMENT TO THE OFFICE OF CULTURAL EDUCATION, WITHOUT PREJUDICE, AT ANY TIME BEFORE EMPLOYMENT, A TRANSFER OR ASSIGNMENT IS OFFERED OR DECLINED, REGARDLESS OF WHETHER THE PROSPECTIVE EMPLOYEE OR EMPLOYER HAS REVIEWED SUCH PROSPECTIVE EMPLOY- EE'S CRIMINAL HISTORY RECORD; AND (VI) BEEN INFORMED OF THE MANNER IN WHICH HE OR SHE MAY SUBMIT TO THE COMMISSIONER ANY INFORMATION THAT MAY BE RELEVANT TO THE CONSIDERATION OF HIS OR HER APPLICATION FOR CLEARANCE INCLUDING, WHERE APPLICABLE, INFORMATION IN REGARD TO HIS OR HER GOOD CONDUCT AND REHABILITATION. 8. THE COMMISSIONER SHALL BE AUTHORIZED TO PROMULGATE ANY REGULATIONS NECESSARY TO IMPLEMENT THE PROVISIONS OF THIS SECTION. S 22. The sum of two hundred fifty thousand dollars ($250,000), or so much thereof as may be necessary, is hereby appropriated to the educa- tion department out of any moneys in the state treasury in the general fund to the credit of the state operations account, not otherwise appro- priated, for the purpose of carrying out the provisions of this act. Such moneys shall be payable on the audit and warrant of the state comp- troller on vouchers certified or approved by the commissioner of educa- tion in the manner prescribed by law. S 23. This act shall take effect on the one hundred eightieth day after it shall have become a law; provided that section twenty-two of this act shall take effect immediately; provided further, that the commissioner of education is authorized to promulgate any and all rules and regulations and take any other measures necessary to implement the provisions of this act on its effective date on or before such date; provided further that the provisions of sections one, two, three, four, nine, ten, eleven, twelve, thirteen, fourteen, fifteen, sixteen, seven- teen, eighteen, nineteen, twenty and twenty-two of this act shall apply to prospective employees of special education schools who are appointed on or after such effective date, to individual providers of preschool 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; provided further that the provisions of section twenty-one of this act shall apply to prospective employees and volunteers working in the office of cultural education who are appointed on or after such effective date; provided further that the amendment to paragraph (d) of subdivision 30 of section 305 of the education law made by section three of this act shall not affect the repeal of such para- graph and shall be deemed repealed therewith; and provided further that the amendments to subdivision 3 of section 3035 of the education law, made by section ten 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 eleven of this act shall take effect.
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