S T A T E   O F   N E W   Y O R K
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                                   831

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 9, 2013
                               ___________

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

AN  ACT  to  amend  the  education  law, in relation to requiring school
  districts to subject  prospective  volunteers  to  fingerprinting  and
  background checks prior to commencing work at such school district

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

  Section 1. 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. (A) 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 OR PROSPECTIVE VOLUNTEERS AS DEFINED IN SUBDIVISION FOUR 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 OR PROSPECTIVE VOLUNTEERS received
from  nonpublic and private elementary and secondary schools pursuant to
title two of this chapter, 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. 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 such criminal history
records sent to the commissioner pursuant to this subdivision  shall  be
confidential  pursuant  to  the applicable federal and state laws, rules

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

                                                           LBD01030-01-3

A. 831                              2

and regulations, and shall not be published or in any way  disclosed  to
persons other than the commissioner, unless otherwise authorized by law.
  (B)  THE  COMMISSIONER  SHALL  REQUIRE  EVERY SCHOOL DISTRICT, CHARTER
SCHOOL OR BOARD OF COOPERATIVE EDUCATIONAL SERVICES TO  SUBMIT  A  FORM,
WHICH SHALL BE PRESCRIBED AND FURNISHED BY THE COMMISSIONER, WHICH SHALL
INCLUDE  A SWORN STATEMENT CERTIFYING THAT SUCH SCHOOL DISTRICT, CHARTER
SCHOOL OR BOARD OF COOPERATIVE EDUCATIONAL SERVICES CONFIRMED THAT  SUCH
PROSPECTIVE  VOLUNTEER  IS NOT LISTED ON THE STATE SEX OFFENDER REGISTRY
PURSUANT TO ARTICLE SIX-C OF THE CORRECTION LAW PRIOR TO  THE  DAY  SUCH
VOLUNTEER  COMMENCES  WORK  AT  SUCH  SCHOOL DISTRICT, CHARTER SCHOOL OR
BOARD OF COOPERATIVE EDUCATIONAL SERVICES.
  S 2. This act shall take effect on the first of July  next  succeeding
the date on which it shall have become a law.