NY State Senate Bill 2009-S60414

Senate Bill S60414

2009-2010 Legislative Session

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

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Archive: Last Bill Status - In Senate Committee Rules Committee

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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 28, 2009	referred to rules

2009-S60414 (ACTIVE) - Details

See other versions of this Bill:: A8564 ,; S65013 ,; S5765 ,
Current Committee:: Senate Rules
Law Section:: Education Law
Laws Affected:: Amd §§1604, 1709, 1804, 1950, 2503, 2554 & 2854, Ed L; amd §12, Chap 147 of 2001

2009-S60414 (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-S60414 (ACTIVE) - Bill Text download pdf

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

                                   414

                      Seventh Extraordinary Session

                            I N  S E N A T E

                              June 28, 2009
                               ___________

Introduced by COMMITTEE ON RULES -- (at request of the Governor) -- read
  twice  and  ordered  printed,  and when printed to be committed to the
  Committee on Rules

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. 414                              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. 414                              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. 414                              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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