NY State Senate Bill 2009-S5765

Senate Bill S5765

Signed By Governor

2009-2010 Legislative Session

Limits the duration of a conditional appointment; extends the effectiveness of chapter 147 of the laws of 2001

download bill text pdf

Archive: Last Bill Status Via A8564 - Signed by Governor

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jul 11, 2009	signed chap.179
Jul 10, 2009	delivered to governor
Jul 09, 2009	returned to assembly repassed senate vote reconsidered - restored to third reading
Jun 30, 2009	passed senate 3rd reading cal.692 substituted for s5765
Jun 30, 2009	substituted by a8564 ordered to third reading cal.692 committee discharged and committed to rules
Jun 03, 2009	referred to education

Votes

- Jul 9, 2009 - Floor Vote
  A8564
  
  62
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jul 9, 2009
      
      aye (62)
      
      Adams
      
      Addabbo Jr.
      
      Alesi
      
      Aubertine
      
      Bonacic
      
      Breslin
      
      DeFrancisco
      
      Diaz
      
      Dilan
      
      Duane
      
      Espada
      
      Farley
      
      Flanagan
      
      Foley
      
      Fuschillo
      
      Golden
      
      Griffo
      
      Hannon
      
      Hassell-Thompson
      
      Huntley
      
      Johnson
      
      Johnson
      
      Klein
      
      Krueger
      
      Kruger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Leibell
      
      Libous
      
      Little
      
      Marcellino
      
      Maziarz
      
      McDonald
      
      Monserrate
      
      Montgomery
      
      Morahan
      
      Nozzolio
      
      Onorato
      
      Oppenheimer
      
      Padavan
      
      Parker
      
      Perkins
      
      Ranzenhofer
      
      Robach
      
      Saland
      
      Sampson
      
      Savino
      
      Schneiderman
      
      Serrano
      
      Seward
      
      Skelos
      
      Smith
      
      Squadron
      
      Stachowski
      
      Stavisky
      
      Stewart-Cousins
      
      Thompson
      
      Valesky
      
      Volker
      
      Winner
      
      Young
  Jun 30, 2009 - Rules Committee Vote
  S5765
  
  13
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  11
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: Jun 30, 2009
      
      aye (13)
      
      Dilan
      
      Duane
      
      Hassell-Thompson
      
      Klein
      
      Krueger
      
      Monserrate
      
      Montgomery
      
      Parker
      
      Serrano
      
      Smith
      
      Stachowski
      
      Stewart-Cousins
      
      Valesky
      
      absent (11)
      
      Espada
      
      Farley
      
      Hannon
      
      Johnson
      
      LaValle
      
      Larkin
      
      Padavan
      
      Saland
      
      Seward
      
      Skelos
      
      Volker

2009-S5765 (ACTIVE) - Details

See Assembly Version of this Bill:: A8564
Law Section:: Education Law
Laws Affected:: Amd §§1604, 1709, 1804, 1950, 2503, 2554 & 2854, Ed L; amd §12, Chap 147 of 2001

2009-S5765 (ACTIVE) - Summary

Limits the duration of a conditional appointment; extends the effectiveness of chapter 147 of the laws of 2001; provides that all conditional clearances issued by the commissioner of education prior to the effective date of this act shall expire 45 days after such effective date and conditional appointments of the prospective employees shall terminate; may not be extended unless a new conditional clearance is issued.

2009-S5765 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S5765

 TITLE OF BILL :

An act to amend the education law, in relation to limiting the
duration of a conditional appointment and to amend chapter 147 of the
laws of 2001, amending the education law relating to conditional
appointment of school district, charter school or BOCES employees, in
relation to extending the effectiveness thereof


 PURPOSE OF THE BILL :

To extend the ability of school districts, charter schools, and Boards
of Cooperative Educational Services (BOCES) to make conditional
appointments of prospective employees under certain necessary
conditions and to limit the duration of a conditional appointment.

 SUMMARY OF PROVISIONS :

Section 1 of the bill would amend paragraph (b) of subdivision 39 of
section 1604 of the Education Law to provide that the conditional
clearance for prospective employees of common school districts would
terminate forty-five days after notification by the Commissioner of
such conditional clearance and could not be extended or renewed unless
a new conditional clearance is issued after a finding that the

employee demonstrated good cause for failing to obtain clearance
within the initial forty-five day period.

§2 of the bill would amend paragraph (b) of subdivision 39 of section
1709 of the Education Law to permit prospective employees of a union
free school district to be issued a conditional clearance, which would
terminate forty-five days after notification by the Commissioner of
such conditional clearance. Such conditional clearance could not be
extended or renewed after the initial forty-five day period unless the
applicant had demonstrated good cause for failing to obtain clearance
within the initial thirty day period.

§3 of the bill would amend paragraph (b) of subdivision 9 of section
1804 of the Education Law to permit potential employees of a central
school district to be issued a conditional clearance, which would
terminate forty-five days after notification by the Commissioner of
such conditional clearance. Such conditional clearance could not be
extended or renewed after the initial forty-five day period unless the
applicant had demonstrated good cause for failing to obtain clearance
within the initial thirty day period.

§4 of the bill would amend subparagraph (b) of paragraph 11 of
subdivision 4 of section 1950 of the Education Law to permit a
prospective employee of a BOCES to be issued a conditional clearance,
which would terminate forty-five days after notification by the
Commissioner of such conditional clearance. Such conditional clearance
could not be extended or renewed after the initial forty-five day
period unless the applicant had demonstrated good cause for failing to
obtain clearance within the initial thirty day period.

§5 of the bill would amend paragraph (b) of subdivision 18 of section
2503 of the Education Law to permit a prospective employee of a small
city school district to be issued a conditional clearance, which would
terminate forty-five days after notification by the Commissioner of
such conditional clearance. Such conditional clearance could not be
extended or renewed after the initial forty-five day period unless the
applicant had demonstrated good cause for failing to obtain clearance
within the initial thirty day period.


§6 of the bill would. amend paragraph (b) of subdivision 25 of section
2554 of the Education Law to permit a prospective employee of a large
city school district (other than the New York City school district,
which conducts its own criminal history record checks) to be issued a
conditional clearance, which would terminate forty-five days after
notification by the Commissioner of such conditional clearance. Such
conditional clearance could not be extended or renewed after the
initial forty-five day period unless the applicant had demonstrated
good cause for failing to obtain clearance within the initial thirty
day period.

§ 7 of the bill would amend subparagraph (ii) of paragraph (a-2) of
subdivision 3 of section 2854 of the Education Law to permit a
prospective employee of a charter school to be issued a conditional
clearance, which would terminate forty-five days after notification by
the Commissioner of such conditional clearance. Such conditional
clearance could not be extended or renewed after the initial
forty-five day period unless the applicant had demonstrated good cause
for failing to obtain clearance within the initial thirty day period.

§8 of the bill would extend the date on which the provisions of
Chapter 147 of the Laws of 2001 would expire from July 1, 2009 to July
1, 2010.

§9 of the bill would provide that all conditional clearances issued by
the Commissioner of Education pursuant to sections 1604, 1709, 1804,
1950, 2503, 2554 or 2854 of the Education Law prior to the effective
date of this bill would expire forty-five days after the effective
date of July 1, 2009. Such conditional appointments would not be
extended or renewed unless the applicant demonstrates good cause for
failing to obtain clearance within this forty-five day period.

§ 10 of the bill would be the effective date.

 STATEMENT IN SUPPORT OF THE BILL :

Chapter 147 of the Laws of2001 granted school districts, charter
schools, and BOCES the authority to make conditional appointments for
certain prospective school employees. This was needed because it was
taking a longer than expected time to secure full clearances for
employment from the Commissioner of Education under Education Law
§305(30). Chapter 147 of the Laws of 2001 provided that it would be
repealed after two years, on the assumption that these delays would be
minimized and eliminated. Both Chapters 127 of the Laws of 2005 and
Chapter 90 of the Laws of 2007 extended the effectiveness of Chapter
147 for an additional two years due to the continued need for
conditional clearances.

Despite the introduction of a new interactive database (TEACH) in the
State Education Department (SED) to provide better information to
school districts, BOCES, charter schools and individual applicants
about the status of an individual's fingerprint application and the
use of fingerprint card scanning technology, SED continues to have a
backlog of fingerprint applications.  SED is implementing new
technology (LIVES CAN) to capture digital fingerprint images in the
field. This will greatly reduce the time between when fingerprints are
submitted to when the clearance for employment is issued. SED
anticipates that LIVES CAN will be increasingly available to school
districts, charter schools and BOCES. The use of LIVESCAN in
conjunction with TEACH should allow fingerprint clearance results to
be available within a few days following the transmission of the
digital fingerprint images, in most instances. There will, however,
always be situations in which clearances for employment cannot be
granted quickly. For example, the results of Division of Criminal
Justice Services (DCJS) and Federal Bureau of Investigation (FBI)
searches are sometimes delayed, a situation totally beyond SED's
control. Or, certain digital fingerprint images may contain flaws and
errors that require the applicant to be re-fingerprinted.  Such
"rejections" of fingerprint images cause additional delays in issuing
a clearance for employment. In addition, some individuals will not
have access to a digital fingerprint scan station due to their
geographic location or an employer's decision to continue submitting
fingerprint cards rather than digital fingerprint images.  Thus, the
authority for school districts, charter schools, and BOCES to make
conditional appointments is still necessary so they can meet
employment needs and the needs of their students.

If Chapter 147 were to sunset, the technical amendments relating to
teacher removal proceedings that were made by section 11 of Chapter
147 would also sunset. These amendments are necessary to make the time
frames for conducting informal conferences with teachers and building
principals following a teacher's removal of a student workable for
school districts. The amendments made· by section 11 of Chapter 147
clarify that if the 24- or 48-hour period does not expire on a school
day, it is extended to the corresponding time on the next school day.
If these provisions are not extended, a teacher would be required to
provide parents with an informal opportunity to be heard within 24
hours of a pupil's removal, even if the 24 hours expires on a Saturday
or school holiday. Similarly, building principals would be required to
offer parents the opportunity for an informal conference within 48
hours of a student's removal even if the student is removed late in
the day on a Friday or before a school vacation.

Further, this bill would provide that conditional clearances would be
valid for forty-five days. Under present law there is no time limit on
an issued conditional clearance. In February 2009 the State
Comptroller's Office issued an audit of Criminal History Background
Checks for School Employees, Report 207-S-119, in which the State
Comptroller identified a substantial number of instances in which a
background check had not been completed (469 out of 105,932
applications then pending). Of that number, 427 of the criminal
history record checks were completed, but the State Comptroller found
that the average length of time between the completion of the DCJS
background check and the final FBI check for these delayed
applications was at least eight months. This poses an unacceptable and
extended risk of students' exposure to prospective employees who may
have the types of criminal histories that could result in their
preclusion from such employment. To address this, the bill would
establish a time limit for conditional clearances.  Conditional
clearances were never intended to allow prospective employees to
continue to be employed for extended periods without completing both
the state DCJS and FBI criminal history record checks.

It is apparent from this data that there are too many instances in
which school districts, BOCES and charter schools are allowing
prospective employees to continue employment for a protracted period
without completing a full criminal history record check. There can be
significant delays in the processing of fingerprints through the FBI,
which has rigorous standards that cause more rejections of fingerprint
images than at the state level, but delays of this magnitude should
not occur with this frequency. To address this problem and reduce the
risk to students from contact with prospective employees who have not
yet obtained criminal clearance from the FBI's national registry, this
bill would impose a forty-five day maximum duration for a conditional
clearance and prohibit renewal or extension of a conditional
appointment unless the Commissioner issues a new conditional clearance
upon a showing of good cause for failing to obtain full clearance
within the initial forty-five days. For any prospective employee who
holds a conditional clearance on the effective date of this act, this
bill would provide that the conditional clearance would expire
forty-five days after the effective date and could not be extended or
renewed without a showing of good cause for the delay. Thus, delays in
processing fingerprints attributable to lack of diligence on the part
of prospective employers or their employees would not be excused, but
in those rare instances in which the delay is attributable to
processing delays at the state or federal levels, the bill would
provide a mechanism for allowing the prospective employee to continue
their employment beyond forty-five days. The vast majority of criminal
history record checks would be processed much more quickly, but in the
few instances of significant delays in the processing of fingerprints
through the FBI, there would continue to be allowable conditional
clearances of limited duration.

This bill would recommend that the sunset on conditional clearances be
extended for one year so the effectiveness of the forty-five day
limitation and an analysis of the need for additional changes in the
conditional clearance procedures could be fully assessed.

 BUDGETARY IMPLICATIONS OF THE BILL :

This bill would impose additional administrative costs on school
districts, BOCES, charter schools and the State Education Department
for processing requests for additional conditional clearances when the
forty-five day period elapses, but these costs are expected to be
minimal.

 PRIOR LEGISLATIVE HISTORY :

None.

 EFFECTIVE DATE :
July 1, 2009, provided that in the event it shall become a law after
such date, this act would take effect immediately and would be deemed
to have been in full force and effect on and after July 1, 2009.

2009-S5765 (ACTIVE) - Bill Text download pdf

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

                                  5765

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                              June 3, 2009
                               ___________

Introduced  by  Sen.  OPPENHEIMER  -- (at request of the State Education
  Department) -- read twice and ordered printed, and when printed to  be
  committed to the Committee on Education

AN  ACT to amend the education law, in relation to limiting the duration
  of a conditional appointment and to amend chapter 147 of the  laws  of
  2001,  amending  the education law relating to conditional appointment
  of school district, charter school or BOCES employees, in relation  to
  extending the effectiveness thereof

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

  Section 1. Paragraph b of subdivision 39 of section 1604 of the educa-
tion law, as amended by chapter 147 of the laws of 2001, is  amended  to
read as follows:
  b.  Upon  the  recommendation  of the superintendent, the trustees may
conditionally appoint a prospective employee. A request for  conditional
clearance shall be forwarded to the commissioner along with the prospec-
tive  employee's fingerprints, as required by paragraph a of this subdi-
vision. Such appointment shall not commence until  notification  by  the
commissioner  that  the  prospective  employee  has  been  conditionally
cleared for employment and shall terminate FORTY-FIVE  DAYS  AFTER  SUCH
NOTIFICATION  OF  CONDITIONAL CLEARANCE OR when the prospective employer
is notified of a determination by the  commissioner  to  grant  or  deny
clearance,  WHICHEVER OCCURS EARLIER, AND MAY NOT BE EXTENDED OR RENEWED
UNLESS THE COMMISSIONER ISSUES A NEW CONDITIONAL CLEARANCE AFTER FINDING
THAT THERE WAS GOOD CAUSE FOR FAILING TO OBTAIN  CLEARANCE  WITHIN  SUCH
PERIOD,  provided  that  if  clearance is granted, the appointment shall
continue and the conditional status shall be removed. Prior to commence-
ment of such conditional appointment,  the  prospective  employer  shall
obtain  a signed statement for conditional appointment from the prospec-
tive employee, indicating whether, to the best of his or her  knowledge,

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11970-01-9

S. 5765                             2

he  or  she  has a pending criminal charge or criminal conviction in any
jurisdiction outside the state.
  S  2.  Paragraph  b 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:
  b. Upon the recommendation of the superintendent, the board may condi-
tionally  appoint  a  prospective  employee.  A  request for conditional
clearance shall be forwarded to the commissioner along with the prospec-
tive employee's fingerprints, as required by paragraph a of this  subdi-
vision.  Such  appointment  shall not commence until notification by the
commissioner  that  the  prospective  employee  has  been  conditionally
cleared  for  employment  and shall terminate FORTY-FIVE DAYS AFTER SUCH
NOTIFICATION OF CONDITIONAL CLEARANCE OR when the  prospective  employer
is  notified  of  a  determination  by the commissioner to grant or deny
clearance, WHICHEVER OCCURS EARLIER, AND MAY NOT BE EXTENDED OR  RENEWED
UNLESS THE COMMISSIONER ISSUES A NEW CONDITIONAL CLEARANCE AFTER FINDING
THAT  THERE  WAS  GOOD CAUSE FOR FAILING TO OBTAIN CLEARANCE WITHIN SUCH
PERIOD, provided that if clearance  is  granted  the  appointment  shall
continue and the conditional status shall be removed. Prior to commence-
ment  of  such  conditional  appointment, the prospective employer shall
obtain a signed statement for conditional appointment from the  prospec-
tive  employee, indicating whether, to the best of his or her knowledge,
he or she has a pending criminal charge or criminal  conviction  in  any
jurisdiction outside the state.
  S  3.  Paragraph  b  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:
  b. Upon the recommendation of the superintendent, the board may condi-
tionally  appoint  a  prospective  employee.  A  request for conditional
clearance shall be forwarded to the commissioner along with the prospec-
tive employee's fingerprints, as required by paragraph a of this  subdi-
vision.  Such  appointment  shall not commence until notification by the
commissioner  that  the  prospective  employee  has  been  conditionally
cleared  for  employment  and shall terminate FORTY-FIVE DAYS AFTER SUCH
NOTIFICATION OF CONDITIONAL CLEARANCE OR when the  prospective  employer
is  notified  of  a  determination  by the commissioner to grant or deny
clearance, WHICHEVER OCCURS EARLIER, AND MAY NOT BE EXTENDED OR  RENEWED
UNLESS THE COMMISSIONER ISSUES A NEW CONDITIONAL CLEARANCE AFTER FINDING
THAT  THERE  WAS  GOOD CAUSE FOR FAILING TO OBTAIN CLEARANCE WITHIN SUCH
PERIOD, provided that if clearance  is  granted  the  appointment  shall
continue and the conditional status shall be removed. Prior to commence-
ment  of  such  conditional  appointment, the prospective employer shall
obtain a signed statement for conditional appointment from the  prospec-
tive  employee, indicating whether, to the best of his or her knowledge,
he or she has a pending criminal charge or criminal  conviction  in  any
jurisdiction outside the state.
  S  4.  Subparagraph b 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:
  b.  Upon  the recommendation of the district superintendent, the board
may conditionally appoint a prospective employee. A request  for  condi-
tional  clearance  shall be forwarded to the commissioner along with the
prospective employee's fingerprints, as required by paragraph a of  this
subdivision.  Such  appointment shall not commence until notification by
the commissioner that the prospective employee  has  been  conditionally
cleared  for  employment  and shall terminate FORTY-FIVE DAYS AFTER SUCH

S. 5765                             3

NOTIFICATION OF CONDITIONAL CLEARANCE OR when the  prospective  employer
is  notified  of  a  determination  by the commissioner to grant or deny
clearance, WHICHEVER OCCURS EARLIER, AND MAY NOT BE EXTENDED OR  RENEWED
UNLESS THE COMMISSIONER ISSUES A NEW CONDITIONAL CLEARANCE AFTER FINDING
THAT  THERE  WAS  GOOD CAUSE FOR FAILING TO OBTAIN CLEARANCE WITHIN SUCH
PERIOD, provided that if clearance is  granted,  the  appointment  shall
continue and the conditional status shall be removed. Prior to commence-
ment  of  such  conditional  appointment, the prospective employer shall
obtain a signed statement for conditional appointment from the  prospec-
tive  employee, indicating whether, to the best of his or her knowledge,
he or she has a pending criminal charge or criminal  conviction  in  any
jurisdiction outside the state.
  S  5.  Paragraph  b 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:
  b. Upon the recommendation of the superintendent, the board may condi-
tionally  appoint  a  prospective  employee.  A  request for conditional
clearance shall be forwarded to the commissioner along with the prospec-
tive employee's fingerprints, as required by paragraph a of this  subdi-
vision.  Such  appointment  shall not commence until notification by the
commissioner  that  the  prospective  employee  has  been  conditionally
cleared  for  employment  and shall terminate FORTY-FIVE DAYS AFTER SUCH
NOTIFICATION OF CONDITIONAL CLEARANCE OR when the  prospective  employer
is  notified  of  a  determination  by the commissioner to grant or deny
clearance, WHICHEVER OCCURS EARLIER, AND MAY NOT BE EXTENDED OR  RENEWED
UNLESS THE COMMISSIONER ISSUES A NEW CONDITIONAL CLEARANCE AFTER FINDING
THAT  THERE  WAS  GOOD CAUSE FOR FAILING TO OBTAIN CLEARANCE WITHIN SUCH
PERIOD, provided that if clearance is  granted,  the  appointment  shall
continue and the conditional status shall be removed. Prior to commence-
ment  of  such  conditional  appointment, the prospective employer shall
obtain a signed statement for conditional appointment from the  prospec-
tive  employee, indicating whether, to the best of his or her knowledge,
he or she has a pending criminal charge or criminal  conviction  in  any
jurisdiction outside the state.
  S  6.  Paragraph  b of subdivision 25 of section 2554 of the education
law, as amended by chapter 91 of the laws of 2002, is amended to read as
follows:
  b. Upon the recommendation of the superintendent, the board may condi-
tionally appoint a  prospective  employee.  A  request  for  conditional
clearance shall be forwarded to the commissioner along with the prospec-
tive  employee's fingerprints, as required by paragraph a of this subdi-
vision. Such appointment shall not commence until  notification  by  the
commissioner  that  the  prospective  employee  has  been  conditionally
cleared for employment and shall terminate FORTY-FIVE  DAYS  AFTER  SUCH
NOTIFICATION  OF  CONDITIONAL CLEARANCE OR when the prospective employer
is notified of a determination by the  commissioner  to  grant  or  deny
clearance,  WHICHEVER OCCURS EARLIER, AND MAY NOT BE EXTENDED OR RENEWED
UNLESS THE COMMISSIONER ISSUES A NEW CONDITIONAL CLEARANCE AFTER FINDING
THAT THERE WAS GOOD CAUSE FOR FAILING TO OBTAIN  CLEARANCE  WITHIN  SUCH
PERIOD,  provided  that  if  clearance is granted, the appointment shall
continue and the conditional status shall be removed. Prior to commence-
ment of such conditional appointment,  the  prospective  employer  shall
obtain  a signed statement for conditional appointment from the prospec-
tive employee, indicating whether, to the best of his or her  knowledge,
he  or  she  has a pending criminal charge or criminal conviction in any
jurisdiction outside the state.

S. 5765                             4

  S 7. Subparagraph (ii) 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:
  (ii)  Upon  the  recommendation  of the chief executive officer of the
charter school, the board of trustees of a  charter  school  may  condi-
tionally  appoint  a  prospective  employee.  A  request for conditional
clearance shall be forwarded to the commissioner along with the prospec-
tive employee's fingerprints, as required by subparagraph  (i)  of  this
paragraph. Such appointment shall not commence until notification by the
commissioner  that  the  prospective  employee  has  been  conditionally
cleared for employment and shall terminate FORTY-FIVE  DAYS  AFTER  SUCH
NOTIFICATION  OF  CONDITIONAL CLEARANCE OR when the prospective employer
is notified of a determination by the  commissioner  to  grant  or  deny
clearance,  WHICHEVER OCCURS EARLIER, AND MAY NOT BE EXTENDED OR RENEWED
UNLESS THE COMMISSIONER ISSUES A NEW CONDITIONAL CLEARANCE AFTER FINDING
THAT THERE WAS GOOD CAUSE FOR FAILING TO OBTAIN  CLEARANCE  WITHIN  SUCH
PERIOD,  provided  that  if  clearance is granted, the appointment shall
continue and the conditional status shall be removed. Prior to commence-
ment of such conditional appointment,  the  prospective  employer  shall
obtain  a signed statement for conditional appointment from the prospec-
tive employee, indicating whether, to the best of his or her  knowledge,
he  or  she  has a pending criminal charge or criminal conviction in any
jurisdiction outside the state.
  S 8. Section 12 of chapter 147 of  the  laws  of  2001,  amending  the
education  law  relating  to conditional appointment of school district,
charter school or BOCES employees, as amended by chapter 90 of the  laws
of 2007, is amended to read as follows:
  S  12.  This  act shall take effect on the same date as chapter 180 of
the laws of 2000 takes effect, and shall expire July 1, [2009] 2010 when
upon such date the provisions of this act shall be deemed repealed.
  S 9. All conditional clearances issued by the commissioner  of  educa-
tion  pursuant to sections 1604, 1709, 1804, 1950, 2503, 2554 or 2854 of
the education law prior to the effective date of this act  shall  expire
45  days  after such effective date, and upon such expiration the condi-
tional appointment of the prospective employee shall terminate  and  may
not  be  extended or renewed unless the commissioner issues a new condi-
tional clearance after finding that there was good cause for failing  to
obtain clearance within such 45 day period.
  S  10.  This  act shall take effect July 1, 2009; provided that in the
event this act shall become a law after such date, this act  shall  take
effect  immediately  and  shall be deemed to have been in full force and
effect on and after July 1, 2009; provided further that  the  amendments
made  to  paragraph b of subdivision 39 of section 1604 of the education
law by section one of this act, the amendments made to  paragraph  b  of
subdivision  39  of  section 1709 of the education law by section two of
this act, the amendments made to paragraph b of subdivision 9 of section
1804 of the education law by section three of this act,  the  amendments
made  to subparagraph b of paragraph ll of subdivision 4 of section 1950
of the education law by section four of this act, the amendments made to
paragraph b of subdivision 18 of section 2503 of the  education  law  by
section five of this act, the amendments made to paragraph b of subdivi-
sion  25 of section 2554 of the education law by section six of this act
and the amendments made to  subparagraph  (ii)  of  paragraph  (a-2)  of
subdivision  3  of section 2854 of the education law by section seven of
this act shall not affect the expiration and repeal of  such  provisions
and shall expire and be repealed therewith.

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