S. 5556--A 2
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 elementa-
ry and secondary schools in connection with the submission of finger-
prints that contains the specific job title sought and any other infor-
mation that may be relevant to consideration of the applicant.
PROSPECTIVE EMPLOYEES, INCLUDING OUT-OF-STATE APPLICANTS TO THE EXTENT
PRACTICABLE, SHALL BE FINGERPRINTED BY AUTHORIZED PERSONNEL AT DESIG-
NATED FINGERPRINTING ENTITIES APPROVED BY THE DEPARTMENT, USING ELEC-
TRONIC SCANNING TECHNOLOGY APPROVED BY THE DEPARTMENT. OUT-OF-STATE
PROSPECTIVE EMPLOYEES WHO SUBMIT FINGERPRINT CARDS AND ARE NOT FINGER-
PRINTED ELECTRONICALLY PURSUANT TO THE REQUIREMENTS OF THIS PARAGRAPH
SHALL BE FINGERPRINTED ELECTRONICALLY PRIOR TO EMPLOYMENT WITHIN THE
STATE. IN ADDITION TO THE REQUIREMENTS OF THIS PARAGRAPH, THE COMMIS-
SIONER SHALL ESTABLISH MINIMUM STANDARDS AND PROCEDURES FOR IDENTIFICA-
TION VERIFICATION TO BE FOLLOWED AT FINGERPRINTING SITES, WHICH SHALL
INCLUDE THE REQUIREMENTS OF THIS SECTION IN REGULATIONS OF THE COMMIS-
SIONER. PRIOR TO INITIATING THE FINGERPRINTING PROCESS AND IN THE PRES-
ENCE OF AUTHORIZED PERSONNEL, A PROSPECTIVE EMPLOYEE SHALL SIGN A SWORN
STATEMENT PREPARED BY THE DEPARTMENT VERIFYING THE PROSPECTIVE EMPLOY-
EE'S IDENTITY AND PRESENT TWO FORMS OF IDENTIFICATION, ONE OF WHICH
SHALL BE AN OFFICIAL GOVERNMENT ISSUED PHOTO IDENTIFICATION CAPABLE OF
BEING VERIFIED. A PHOTOGRAPH OF THE PROSPECTIVE EMPLOYEE SHALL BE TAKEN
BY AUTHORIZED PERSONNEL AND AFFIXED TO THE PROSPECTIVE EMPLOYEE'S
SIGNED, SWORN STATEMENT. UPON COMPLETION OF THE FINGERPRINTING PROCESS,
THE AUTHORIZED PERSONNEL SHALL SIGN AN AFFIDAVIT, ON A FORM PRESCRIBED
BY THE COMMISSIONER, ATTESTING THAT HE OR SHE VERIFIED THE PHOTO IDEN-
TIFICATION PRESENTED, WITNESSED THE SIGNATURE AND PROCESSED THE FINGER-
PRINTS IN ACCORDANCE WITH THIS CHAPTER AND THE RULES AND REGULATIONS OF
THE DEPARTMENT. THESE RECORDS SHALL BE RETAINED AS BUSINESS RECORDS AS
DEFINED IN SUBDIVISION TWO OF SECTION 175.00 OF THE PENAL LAW FOR THE
DURATION OF THE INDIVIDUAL'S EMPLOYMENT IN A MANNER PRESCRIBED BY THE
COMMISSIONER. 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 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 fingerprinting 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:
S. 5556--A 3
(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] FINGERPRINTS will be TAKEN AND used upon submission to the divi-
sion 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 of such termination, the commis-
sioner 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
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,
subdivisions 3, 4 and 6 as added by chapter 180 of the laws of 2000 and
subdivision 5 as amended by section 1 of part E of chapter 501 of the
laws of 2012, are amended and a new subdivision 10 is added to read as
follows:
S. 5556--A 4
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
SECTION FOUR HUNDRED TWELVE-A OF THE SOCIAL SERVICES LAW, FOR WHOM ALLE-
GATIONS OF ABUSE OF A CHILD IN RESIDENTIAL CARE OR NEGLECT OF A 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. Such term shall not include a
special act school district as defined in section four thousand one of
this chapter which shall be subject to article eleven 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 SECTION FOUR
HUNDRED TWELVE-A OF THE SOCIAL SERVICES LAW, FOR WHOM ALLEGATIONS OF
ABUSE OF A CHILD IN RESIDENTIAL CARE OR NEGLECT OF A CHILD IN RESIDEN-
TIAL CARE ARE SUBJECT TO MANDATORY REPORTING TO THE STATEWIDE CENTRAL
REGISTER OF CHILD ABUSE AND MALTREATMENT PURSUANT TO TITLE SIX OF ARTI-
CLE 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-
S. 5556--A 5
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. Paragraph a of subdivision 39 of section 1604 of the education
law, as amended by chapter 147 of the laws of 2001, is amended to read
as follows:
a. Shall require, for purposes of a criminal history record check, the
fingerprinting of all prospective employees pursuant to section three
thousand thirty-five of this chapter, who do not hold valid clearance
pursuant to such section 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. Prior to initiating the finger-
printing process, the prospective employer shall furnish the applicant
with the form described in paragraph (c) of subdivision thirty of
section three hundred five of this chapter and shall obtain the appli-
cant's consent to the criminal history records search. PROSPECTIVE
EMPLOYEES, INCLUDING OUT-OF-STATE APPLICANTS TO THE EXTENT PRACTICABLE,
SHALL BE FINGERPRINTED BY AUTHORIZED PERSONNEL AT DESIGNATED FINGER-
PRINTING ENTITIES APPROVED BY THE DEPARTMENT, USING ELECTRONIC SCANNING
TECHNOLOGY APPROVED BY THE DEPARTMENT. OUT-OF-STATE PROSPECTIVE EMPLOY-
EES WHO SUBMIT FINGERPRINT CARDS AND ARE NOT FINGERPRINTED ELECTRON-
ICALLY PURSUANT TO THE REQUIREMENTS OF THIS PARAGRAPH SHALL BE FINGER-
PRINTED ELECTRONICALLY PRIOR TO EMPLOYMENT WITHIN THE STATE. IN ADDITION
TO THE REQUIREMENTS OF THIS PARAGRAPH, THE COMMISSIONER SHALL ESTABLISH
MINIMUM STANDARDS AND PROCEDURES FOR IDENTIFICATION VERIFICATION TO BE
FOLLOWED AT FINGERPRINTING SITES, WHICH SHALL INCLUDE THE REQUIREMENTS
OF THIS SECTION IN REGULATIONS OF THE COMMISSIONER. PRIOR TO INITIATING
THE FINGERPRINTING PROCESS AND IN THE PRESENCE OF AUTHORIZED PERSONNEL,
A PROSPECTIVE EMPLOYEE SHALL SIGN A SWORN STATEMENT PREPARED BY THE
DEPARTMENT VERIFYING THE PROSPECTIVE EMPLOYEE'S IDENTITY AND PRESENT TWO
FORMS OF IDENTIFICATION, ONE OF WHICH SHALL BE AN OFFICIAL GOVERNMENT
ISSUED PHOTO IDENTIFICATION CAPABLE OF BEING VERIFIED. A PHOTOGRAPH OF
THE PROSPECTIVE EMPLOYEE SHALL BE TAKEN BY AUTHORIZED PERSONNEL AND
S. 5556--A 6
AFFIXED TO THE PROSPECTIVE EMPLOYEE'S SIGNED, SWORN STATEMENT. UPON
COMPLETION OF THE FINGERPRINTING PROCESS, THE AUTHORIZED PERSONNEL SHALL
SIGN AN AFFIDAVIT, ON A FORM PRESCRIBED BY THE COMMISSIONER, ATTESTING
THAT HE OR SHE VERIFIED THE PHOTO IDENTIFICATION PRESENTED, WITNESSED
THE SIGNATURE AND PROCESSED THE FINGERPRINTS IN ACCORDANCE WITH THIS
CHAPTER AND THE RULES AND REGULATIONS OF THE DEPARTMENT. THESE RECORDS
SHALL BE RETAINED AS BUSINESS RECORDS AS DEFINED IN SUBDIVISION TWO OF
SECTION 175.00 OF THE PENAL LAW FOR THE DURATION OF THE INDIVIDUAL'S
EMPLOYMENT IN A MANNER PRESCRIBED BY THE COMMISSIONER. Every set of
fingerprints taken pursuant to this subdivision shall be promptly
submitted to the commissioner for purposes of clearance for employment.
S 10. Paragraph a 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:
a. Shall require, for purposes of a criminal history record check, the
fingerprinting of all prospective employees pursuant to section three
thousand thirty-five of this chapter, who do not hold valid clearance
pursuant to such section 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. Prior to initiating the finger-
printing process, the prospective employer shall furnish the applicant
with the form described in paragraph (c) of subdivision thirty of
section three hundred five of this chapter and shall obtain the appli-
cant's consent to the criminal history records search. PROSPECTIVE
EMPLOYEES, INCLUDING OUT-OF-STATE APPLICANTS TO THE EXTENT PRACTICABLE,
SHALL BE FINGERPRINTED BY AUTHORIZED PERSONNEL AT DESIGNATED FINGER-
PRINTING ENTITIES APPROVED BY THE DEPARTMENT, USING ELECTRONIC SCANNING
TECHNOLOGY APPROVED BY THE DEPARTMENT. OUT-OF-STATE PROSPECTIVE EMPLOY-
EES WHO SUBMIT FINGERPRINT CARDS AND ARE NOT FINGERPRINTED ELECTRON-
ICALLY PURSUANT TO THE REQUIREMENTS OF THIS PARAGRAPH SHALL BE FINGER-
PRINTED ELECTRONICALLY PRIOR TO EMPLOYMENT WITHIN THE STATE. IN ADDITION
TO THE REQUIREMENTS OF THIS PARAGRAPH, THE COMMISSIONER SHALL ESTABLISH
MINIMUM STANDARDS AND PROCEDURES FOR IDENTIFICATION VERIFICATION TO BE
FOLLOWED AT FINGERPRINTING SITES, WHICH SHALL INCLUDE THE REQUIREMENTS
OF THIS SECTION IN REGULATIONS OF THE COMMISSIONER. PRIOR TO INITIATING
THE FINGERPRINTING PROCESS AND IN THE PRESENCE OF AUTHORIZED PERSONNEL,
A PROSPECTIVE EMPLOYEE SHALL SIGN A SWORN STATEMENT PREPARED BY THE
DEPARTMENT VERIFYING THE PROSPECTIVE EMPLOYEE'S IDENTITY AND PRESENT TWO
FORMS OF IDENTIFICATION, ONE OF WHICH SHALL BE AN OFFICIAL GOVERNMENT
ISSUED PHOTO IDENTIFICATION CAPABLE OF BEING VERIFIED. A PHOTOGRAPH OF
THE PROSPECTIVE EMPLOYEE SHALL BE TAKEN BY AUTHORIZED PERSONNEL AND
AFFIXED TO THE PROSPECTIVE EMPLOYEE'S SIGNED, SWORN STATEMENT. UPON
COMPLETION OF THE FINGERPRINTING PROCESS, THE AUTHORIZED PERSONNEL SHALL
SIGN AN AFFIDAVIT, ON A FORM PRESCRIBED BY THE COMMISSIONER, ATTESTING
THAT HE OR SHE VERIFIED THE PHOTO IDENTIFICATION PRESENTED, WITNESSED
THE SIGNATURE AND PROCESSED THE FINGERPRINTS IN ACCORDANCE WITH THIS
CHAPTER AND THE RULES AND REGULATIONS OF THE DEPARTMENT. THESE RECORDS
SHALL BE RETAINED AS BUSINESS RECORDS AS DEFINED IN SUBDIVISION TWO OF
SECTION 175.00 OF THE PENAL LAW FOR THE DURATION OF THE INDIVIDUAL'S
EMPLOYMENT IN A MANNER PRESCRIBED BY THE COMMISSIONER. Every set of
fingerprints taken pursuant to this subdivision shall be promptly
submitted to the commissioner for purposes of clearance for employment.
S 11. Paragraph a 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:
S. 5556--A 7
a. The board of education shall, for purposes of a criminal history
record check, require the fingerprinting of all prospective employees
pursuant to section three thousand thirty-five of this chapter, who do
not hold valid clearance pursuant to such section 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. Prior to
initiating the fingerprinting process, the prospective employer shall
furnish the applicant with the form described in paragraph (c) of subdi-
vision thirty of section three hundred five of this chapter and shall
obtain the applicant's consent to the criminal history records search.
PROSPECTIVE EMPLOYEES, INCLUDING OUT-OF-STATE APPLICANTS TO THE EXTENT
PRACTICABLE, SHALL BE FINGERPRINTED BY AUTHORIZED PERSONNEL AT DESIG-
NATED FINGERPRINTING ENTITIES APPROVED BY THE DEPARTMENT, USING ELEC-
TRONIC SCANNING TECHNOLOGY APPROVED BY THE DEPARTMENT. OUT-OF-STATE
PROSPECTIVE EMPLOYEES WHO SUBMIT FINGERPRINT CARDS AND ARE NOT FINGER-
PRINTED ELECTRONICALLY PURSUANT TO THE REQUIREMENTS OF THIS PARAGRAPH
SHALL BE FINGERPRINTED ELECTRONICALLY PRIOR TO EMPLOYMENT WITHIN THE
STATE. IN ADDITION TO THE REQUIREMENTS OF THIS PARAGRAPH, THE COMMIS-
SIONER SHALL ESTABLISH MINIMUM STANDARDS AND PROCEDURES FOR IDENTIFICA-
TION VERIFICATION TO BE FOLLOWED AT FINGERPRINTING SITES, WHICH SHALL
INCLUDE THE REQUIREMENTS OF THIS SECTION IN REGULATIONS OF THE COMMIS-
SIONER. PRIOR TO INITIATING THE FINGERPRINTING PROCESS AND IN THE PRES-
ENCE OF AUTHORIZED PERSONNEL, A PROSPECTIVE EMPLOYEE SHALL SIGN A SWORN
STATEMENT PREPARED BY THE DEPARTMENT VERIFYING THE PROSPECTIVE EMPLOY-
EE'S IDENTITY AND PRESENT TWO FORMS OF IDENTIFICATION, ONE OF WHICH
SHALL BE AN OFFICIAL GOVERNMENT ISSUED PHOTO IDENTIFICATION CAPABLE OF
BEING VERIFIED. A PHOTOGRAPH OF THE PROSPECTIVE EMPLOYEE SHALL BE TAKEN
BY AUTHORIZED PERSONNEL AND AFFIXED TO THE PROSPECTIVE EMPLOYEE'S
SIGNED, SWORN STATEMENT. UPON COMPLETION OF THE FINGERPRINTING PROCESS,
THE AUTHORIZED PERSONNEL SHALL SIGN AN AFFIDAVIT, ON A FORM PRESCRIBED
BY THE COMMISSIONER, ATTESTING THAT HE OR SHE VERIFIED THE PHOTO IDEN-
TIFICATION PRESENTED, WITNESSED THE SIGNATURE AND PROCESSED THE FINGER-
PRINTS IN ACCORDANCE WITH THIS CHAPTER AND THE RULES AND REGULATIONS OF
THE DEPARTMENT. THESE RECORDS SHALL BE RETAINED AS BUSINESS RECORDS AS
DEFINED IN SUBDIVISION TWO OF SECTION 175.00 OF THE PENAL LAW FOR THE
DURATION OF THE INDIVIDUAL'S EMPLOYMENT IN A MANNER PRESCRIBED BY THE
COMMISSIONER. Every set of fingerprints taken pursuant to this subdivi-
sion shall be promptly submitted to the commissioner for purposes of
clearance for employment.
S 12. Subparagraph a 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:
a. Shall require, for purposes of a criminal history record check, the
fingerprinting of all prospective employees pursuant to section three
thousand thirty-five of this chapter, who do not hold valid clearance
pursuant to such section 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. Prior to initiating the finger-
printing process, the prospective employer shall furnish the applicant
with the form described in paragraph (c) of subdivision thirty of
section three hundred five of this chapter and shall obtain the appli-
cant's consent to the criminal history records search. PROSPECTIVE
EMPLOYEES, INCLUDING OUT-OF-STATE APPLICANTS TO THE EXTENT PRACTICABLE,
SHALL BE FINGERPRINTED BY AUTHORIZED PERSONNEL AT DESIGNATED FINGER-
PRINTING ENTITIES APPROVED BY THE DEPARTMENT, USING ELECTRONIC SCANNING
TECHNOLOGY APPROVED BY THE DEPARTMENT. OUT-OF-STATE PROSPECTIVE EMPLOY-
S. 5556--A 8
EES WHO SUBMIT FINGERPRINT CARDS AND ARE NOT FINGERPRINTED ELECTRON-
ICALLY PURSUANT TO THE REQUIREMENTS OF THIS SUBPARAGRAPH SHALL BE FING-
ERPRINTED ELECTRONICALLY PRIOR TO EMPLOYMENT WITHIN THE STATE. IN
ADDITION TO THE REQUIREMENTS OF THIS SUBPARAGRAPH, THE COMMISSIONER
SHALL ESTABLISH MINIMUM STANDARDS AND PROCEDURES FOR IDENTIFICATION
VERIFICATION TO BE FOLLOWED AT FINGERPRINTING SITES, WHICH SHALL INCLUDE
THE REQUIREMENTS OF THIS SECTION IN REGULATIONS OF THE COMMISSIONER.
PRIOR TO INITIATING THE FINGERPRINTING PROCESS AND IN THE PRESENCE OF
AUTHORIZED PERSONNEL, A PROSPECTIVE EMPLOYEE SHALL SIGN A SWORN STATE-
MENT PREPARED BY THE DEPARTMENT VERIFYING THE PROSPECTIVE EMPLOYEE'S
IDENTITY AND PRESENT TWO FORMS OF IDENTIFICATION, ONE OF WHICH SHALL BE
AN OFFICIAL GOVERNMENT ISSUED PHOTO IDENTIFICATION CAPABLE OF BEING
VERIFIED. A PHOTOGRAPH OF THE PROSPECTIVE EMPLOYEE SHALL BE TAKEN BY
AUTHORIZED PERSONNEL AND AFFIXED TO THE PROSPECTIVE EMPLOYEE'S SIGNED,
SWORN STATEMENT. UPON COMPLETION OF THE FINGERPRINTING PROCESS, THE
AUTHORIZED PERSONNEL SHALL SIGN AN AFFIDAVIT, ON A FORM PRESCRIBED BY
THE COMMISSIONER, ATTESTING THAT HE OR SHE VERIFIED THE PHOTO IDENTIFI-
CATION PRESENTED, WITNESSED THE SIGNATURE AND PROCESSED THE FINGERPRINTS
IN ACCORDANCE WITH THIS CHAPTER AND THE RULES AND REGULATIONS OF THE
DEPARTMENT. THESE RECORDS SHALL BE RETAINED AS BUSINESS RECORDS AS
DEFINED IN SUBDIVISION TWO OF SECTION 175.00 OF THE PENAL LAW FOR THE
DURATION OF THE INDIVIDUAL'S EMPLOYMENT IN A MANNER PRESCRIBED BY THE
COMMISSIONER. Every set of fingerprints taken pursuant to this paragraph
shall be promptly submitted to the commissioner for purposes of clear-
ance for employment.
S 13. Subdivision 4 of section 1950 of the education law is amended by
adding a new paragraph oo to read as follows:
OO. TO PROCESS FINGERPRINTS TO BE UTILIZED IN CRIMINAL HISTORY RECORD
CHECKS FOR PROSPECTIVE EMPLOYEES OF NONPUBLIC ELEMENTARY AND SECONDARY
SCHOOLS, SPECIAL EDUCATION SCHOOLS, NON-COMPONENT SCHOOL DISTRICTS AND
CHARTER SCHOOLS PURSUANT TO SUBDIVISION THIRTY OF SECTION THREE HUNDRED
FIVE OF THIS CHAPTER AND TO ENTER CONTRACTS WITH SUCH SCHOOLS FOR SUCH
PURPOSE, AND TO PROCESS FINGERPRINTS FOR CRIMINAL HISTORY RECORDS
SEARCHES PURSUANT TO SECTION THREE THOUSAND THIRTY-FIVE OF THIS CHAPTER
FOR APPLICANTS FOR TEACHER CERTIFICATION AND FOR APPLICANTS FOR A CHAR-
TER AS A CHARTER SCHOOL PURSUANT TO SUBDIVISION FOUR OF SECTION TWENTY-
EIGHT HUNDRED FIFTY-TWO OF THIS CHAPTER. SUCH PROCESSING SERVICES SHALL
BE PROVIDED AT COST AND THE BOARD OF COOPERATIVE EDUCATIONAL SERVICES
SHALL NOT BE AUTHORIZED TO CHARGE ANY COSTS INCURRED IN PROVIDING SUCH
SERVICES TO ITS COMPONENT SCHOOL DISTRICTS. THE BOARD OF COOPERATIVE
EDUCATIONAL SERVICES ARE HEREBY AUTHORIZED TO DO AND PERFORM ANY AND ALL
ACTS NECESSARY OR CONVENIENT IN RELATION TO THE PROVISION OF SUCH
SERVICES.
S 14. Paragraph a 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:
a. Shall require, for purposes of a criminal history record check, the
fingerprinting of all prospective employees pursuant to section three
thousand thirty-five of this chapter, who do not hold valid clearance
pursuant to such section 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. Prior to initiating the finger-
printing process, the prospective employer shall furnish the applicant
with the form described in paragraph (c) of subdivision thirty of
section three hundred five of this chapter and shall obtain the appli-
cant's consent to the criminal history records search. Every set of
S. 5556--A 9
fingerprints taken pursuant to this subdivision shall be promptly
submitted to the commissioner for purposes of clearance for employment.
PROSPECTIVE EMPLOYEES, INCLUDING OUT-OF-STATE APPLICANTS TO THE EXTENT
PRACTICABLE, SHALL BE FINGERPRINTED BY AUTHORIZED PERSONNEL AT DESIG-
NATED FINGERPRINTING ENTITIES APPROVED BY THE DEPARTMENT, USING ELEC-
TRONIC SCANNING TECHNOLOGY APPROVED BY THE DEPARTMENT. OUT-OF-STATE
PROSPECTIVE EMPLOYEES WHO SUBMIT FINGERPRINT CARDS AND ARE NOT FINGER-
PRINTED ELECTRONICALLY PURSUANT TO THE REQUIREMENTS OF THIS PARAGRAPH
SHALL BE FINGERPRINTED ELECTRONICALLY PRIOR TO EMPLOYMENT WITHIN THE
STATE. IN ADDITION TO THE REQUIREMENTS OF THIS PARAGRAPH, THE COMMIS-
SIONER SHALL ESTABLISH MINIMUM STANDARDS AND PROCEDURES FOR IDENTIFICA-
TION VERIFICATION TO BE FOLLOWED AT FINGERPRINTING SITES, WHICH SHALL
INCLUDE THE REQUIREMENTS OF THIS SECTION IN REGULATIONS OF THE COMMIS-
SIONER. PRIOR TO INITIATING THE FINGERPRINTING PROCESS AND IN THE PRES-
ENCE OF AUTHORIZED PERSONNEL, A PROSPECTIVE EMPLOYEE SHALL SIGN A SWORN
STATEMENT PREPARED BY THE DEPARTMENT VERIFYING THE PROSPECTIVE EMPLOY-
EE'S IDENTITY AND PRESENT TWO FORMS OF IDENTIFICATION, ONE OF WHICH
SHALL BE AN OFFICIAL GOVERNMENT ISSUED PHOTO IDENTIFICATION CAPABLE OF
BEING VERIFIED. A PHOTOGRAPH OF THE PROSPECTIVE EMPLOYEE SHALL BE TAKEN
BY AUTHORIZED PERSONNEL AND AFFIXED TO THE PROSPECTIVE EMPLOYEE'S
SIGNED, SWORN STATEMENT. UPON COMPLETION OF THE FINGERPRINTING PROCESS,
THE AUTHORIZED PERSONNEL SHALL SIGN AN AFFIDAVIT, ON A FORM PRESCRIBED
BY THE COMMISSIONER, ATTESTING THAT HE OR SHE VERIFIED THE PHOTO IDEN-
TIFICATION PRESENTED, WITNESSED THE SIGNATURE AND PROCESSED THE FINGER-
PRINTS IN ACCORDANCE WITH THIS CHAPTER AND THE RULES AND REGULATIONS OF
THE DEPARTMENT. THESE RECORDS SHALL BE RETAINED AS BUSINESS RECORDS AS
DEFINED IN SUBDIVISION TWO OF SECTION 175.00 OF THE PENAL LAW FOR THE
DURATION OF THE INDIVIDUAL'S EMPLOYMENT IN A MANNER PRESCRIBED BY THE
COMMISSIONER.
S 15. Paragraph a of subdivision 25 of section 2554 of the education
law, as amended by section 2 of chapter 91 of the laws of 2002, is
amended to read as follows:
a. Shall require, for purposes of a criminal history record check, the
fingerprinting of all prospective employees pursuant to section three
thousand thirty-five of this chapter, who do not hold valid clearance
pursuant to such section 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. Prior to initiating the finger-
printing process, the prospective employer shall furnish the applicant
with the form described in paragraph (c) of subdivision thirty of
section three hundred five of this chapter and shall obtain the appli-
cant'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.
PROSPECTIVE EMPLOYEES, INCLUDING OUT-OF-STATE APPLICANTS TO THE EXTENT
PRACTICABLE, SHALL BE FINGERPRINTED BY AUTHORIZED PERSONNEL AT DESIG-
NATED FINGERPRINTING ENTITIES APPROVED BY THE DEPARTMENT, USING ELEC-
TRONIC SCANNING TECHNOLOGY APPROVED BY THE DEPARTMENT. OUT-OF-STATE
PROSPECTIVE EMPLOYEES WHO SUBMIT FINGERPRINT CARDS AND ARE NOT FINGER-
PRINTED ELECTRONICALLY PURSUANT TO THE REQUIREMENTS OF THIS PARAGRAPH
SHALL BE FINGERPRINTED ELECTRONICALLY PRIOR TO EMPLOYMENT WITHIN THE
STATE. IN ADDITION TO THE REQUIREMENTS OF THIS PARAGRAPH, THE COMMIS-
SIONER SHALL ESTABLISH MINIMUM STANDARDS AND PROCEDURES FOR IDENTIFICA-
TION VERIFICATION TO BE FOLLOWED AT FINGERPRINTING SITES, WHICH SHALL
INCLUDE THE REQUIREMENTS OF THIS SECTION IN REGULATIONS OF THE COMMIS-
SIONER. PRIOR TO INITIATING THE FINGERPRINTING PROCESS AND IN THE PRES-
S. 5556--A 10
ENCE OF AUTHORIZED PERSONNEL, A PROSPECTIVE EMPLOYEE SHALL SIGN A SWORN
STATEMENT PREPARED BY THE DEPARTMENT VERIFYING THE PROSPECTIVE EMPLOY-
EE'S IDENTITY AND PRESENT TWO FORMS OF IDENTIFICATION, ONE OF WHICH
SHALL BE AN OFFICIAL GOVERNMENT ISSUED PHOTO IDENTIFICATION CAPABLE OF
BEING VERIFIED. A PHOTOGRAPH OF THE PROSPECTIVE EMPLOYEE SHALL BE TAKEN
BY AUTHORIZED PERSONNEL AND AFFIXED TO THE PROSPECTIVE EMPLOYEE'S
SIGNED, SWORN STATEMENT. UPON COMPLETION OF THE FINGERPRINTING PROCESS,
THE AUTHORIZED PERSONNEL SHALL SIGN AN AFFIDAVIT, ON A FORM PRESCRIBED
BY THE COMMISSIONER, ATTESTING THAT HE OR SHE VERIFIED THE PHOTO IDEN-
TIFICATION PRESENTED, WITNESSED THE SIGNATURE AND PROCESSED THE FINGER-
PRINTS IN ACCORDANCE WITH THIS CHAPTER AND THE RULES AND REGULATIONS OF
THE DEPARTMENT. THESE RECORDS SHALL BE RETAINED AS BUSINESS RECORDS AS
DEFINED IN SUBDIVISION TWO OF SECTION 175.00 OF THE PENAL LAW FOR THE
DURATION OF THE INDIVIDUAL'S EMPLOYMENT IN A MANNER PRESCRIBED BY THE
COMMISSIONER.
S 16. Subdivision 20 of section 2590-h of the education law, as
amended by chapter 345 of the laws of 2009, is amended to read as
follows:
20. Ensure compliance with qualifications established for all person-
nel employed in the city district, including the taking of fingerprints
as a prerequisite for licensure and/or employment of such personnel AND,
THE TAKING OF FINGERPRINTS AS A PREREQUISITE FOR LICENSURE AND/OR
EMPLOYMENT OF PERSONNEL EMPLOYED BY A SPECIAL EDUCATION SCHOOL, AS
DEFINED IN SUBDIVISION THIRTY OF SECTION THREE HUNDRED FIVE OF THIS
CHAPTER, THAT CONTRACTS WITH THE CITY SCHOOL DISTRICT OF THE CITY OF NEW
YORK. Every set of fingerprints taken pursuant to this subdivision
shall be promptly submitted to the division of criminal justice services
where it shall be appropriately processed. Furthermore, the division of
criminal justice services is authorized to submit the fingerprints to
the federal bureau of investigation for a national criminal history
record check.
S 16-a. Subdivision 20 of section 2590-h of the education law, as
amended by chapter 100 of the laws of 2003, is amended to read as
follows:
20. Ensure compliance with qualifications established for all person-
nel employed in the city district, including the taking of fingerprints
as a prerequisite for licensure and/or employment of such personnel AND,
THE TAKING OF FINGERPRINTS AS A PREREQUISITE FOR LICENSURE AND/OR
EMPLOYMENT OF PERSONNEL EMPLOYED BY A SPECIAL EDUCATION SCHOOL, AS
DEFINED IN SUBDIVISION THIRTY OF SECTION THREE HUNDRED FIVE OF THIS
CHAPTER, THAT CONTRACTS WITH THE CITY SCHOOL DISTRICT OF THE CITY OF NEW
YORK. Every set of fingerprints taken pursuant to this subdivision
shall be promptly submitted to the division of criminal justice services
where it shall be appropriately processed. Furthermore, the division of
criminal justice services is authorized to submit the fingerprints to
the federal bureau of investigation for a national criminal history
record check.
S 17. Subparagraph (i) 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:
(i) The board of trustees of a charter school shall require, for
purposes of a criminal history record check, the fingerprinting of all
prospective employees pursuant to section three thousand thirty-five of
this chapter, who do not hold valid clearance pursuant to such section
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
S. 5556--A 11
traffic law. Prior to initiating the fingerprinting process, the
prospective employer shall furnish the applicant 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. PROSPECTIVE EMPLOYEES, INCLUDING OUT-OF-STATE
APPLICANTS TO THE EXTENT PRACTICABLE, SHALL BE FINGERPRINTED BY AUTHOR-
IZED PERSONNEL AT DESIGNATED FINGERPRINTING ENTITIES APPROVED BY THE
DEPARTMENT, USING ELECTRONIC SCANNING TECHNOLOGY APPROVED BY THE DEPART-
MENT. OUT-OF-STATE PROSPECTIVE EMPLOYEES WHO SUBMIT FINGERPRINT CARDS
AND ARE NOT FINGERPRINTED ELECTRONICALLY PURSUANT TO THE REQUIREMENTS OF
THIS SUBPARAGRAPH SHALL BE FINGERPRINTED ELECTRONICALLY PRIOR TO EMPLOY-
MENT WITHIN THE STATE. IN ADDITION TO THE REQUIREMENTS OF THIS SUBPARA-
GRAPH, THE COMMISSIONER SHALL ESTABLISH MINIMUM STANDARDS AND PROCEDURES
FOR IDENTIFICATION VERIFICATION TO BE FOLLOWED AT FINGERPRINTING SITES,
WHICH SHALL INCLUDE THE REQUIREMENTS OF THIS SECTION IN REGULATIONS OF
THE COMMISSIONER. PRIOR TO INITIATING THE FINGERPRINTING PROCESS AND IN
THE PRESENCE OF AUTHORIZED PERSONNEL, A PROSPECTIVE EMPLOYEE SHALL SIGN
A SWORN STATEMENT PREPARED BY THE DEPARTMENT VERIFYING THE PROSPECTIVE
EMPLOYEE'S IDENTITY AND PRESENT TWO FORMS OF IDENTIFICATION, ONE OF
WHICH SHALL BE AN OFFICIAL GOVERNMENT ISSUED PHOTO IDENTIFICATION CAPA-
BLE OF BEING VERIFIED. A PHOTOGRAPH OF THE PROSPECTIVE EMPLOYEE SHALL BE
TAKEN BY AUTHORIZED PERSONNEL AND AFFIXED TO THE PROSPECTIVE EMPLOYEE'S
SIGNED, SWORN STATEMENT. UPON COMPLETION OF THE FINGERPRINTING PROCESS,
THE AUTHORIZED PERSONNEL SHALL SIGN AN AFFIDAVIT, ON A FORM PRESCRIBED
BY THE COMMISSIONER, ATTESTING THAT HE OR SHE VERIFIED THE PHOTO IDEN-
TIFICATION PRESENTED, WITNESSED THE SIGNATURE AND PROCESSED THE FINGER-
PRINTS IN ACCORDANCE WITH THIS CHAPTER AND THE RULES AND REGULATIONS OF
THE DEPARTMENT. THESE RECORDS SHALL BE RETAINED AS BUSINESS RECORDS AS
DEFINED IN SUBDIVISION TWO OF SECTION 175.00 OF THE PENAL LAW FOR THE
DURATION OF THE INDIVIDUAL'S EMPLOYMENT IN A MANNER PRESCRIBED BY THE
COMMISSIONER. Every set of fingerprints taken pursuant to this paragraph
shall be promptly submitted to the commissioner for purposes of clear-
ance for employment.
S 18. Subdivision 1 of section 3004-b of the education law, as sepa-
rately amended by chapters 147 and 380 of the laws of 2001, is amended
to read as follows:
1. Criminal history records search. Upon receipt of an application for
certification as a superintendent of schools, teacher, administrator or
supervisor, teaching assistant or school personnel required to hold a
teaching or administrative license or certificate, the commissioner
shall, subject to the rules and regulations of the division of criminal
justice services, initiate a criminal history records search of the
person making application, except that nothing in this section shall be
construed to require a criminal history record check of an individual
who holds a valid provisional certificate on the effective date of this
section and applies for permanent certification in the same certificate
title, or of an individual who applies for a temporary license to serve
in the city school district of the city of New York and has been cleared
for licensure and/or employment by such city school district pursuant to
subdivision twenty of section twenty-five hundred ninety-h of this chap-
ter. Prior to initiating the fingerprinting process, the commissioner
shall furnish the applicant 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. APPLICANTS FOR CERTIFICATION, WHO ARE REQUIRED TO BE FINGER-
PRINTED UNDER THIS SECTION, INCLUDING OUT-OF-STATE APPLICANTS TO THE
S. 5556--A 12
EXTENT PRACTICABLE, SHALL BE FINGERPRINTED BY AUTHORIZED PERSONNEL AT
DESIGNATED FINGERPRINTING ENTITIES APPROVED BY THE DEPARTMENT, USING
ELECTRONIC SCANNING TECHNOLOGY APPROVED BY THE DEPARTMENT. OUT-OF-STATE
PROSPECTIVE EMPLOYEES WHO SUBMIT FINGERPRINT CARDS AND ARE NOT FINGER-
PRINTED ELECTRONICALLY PURSUANT TO THE REQUIREMENTS OF THIS SUBDIVISION
SHALL BE FINGERPRINTED ELECTRONICALLY PRIOR TO EMPLOYMENT WITHIN THE
STATE. IN ADDITION TO THE REQUIREMENTS OF THIS SUBDIVISION, THE COMMIS-
SIONER SHALL ESTABLISH MINIMUM STANDARDS AND PROCEDURES FOR IDENTIFICA-
TION VERIFICATION TO BE FOLLOWED AT FINGERPRINTING SITES, WHICH SHALL
INCLUDE THE REQUIREMENTS OF THIS SECTION IN REGULATIONS OF THE COMMIS-
SIONER. PRIOR TO INITIATING THE FINGERPRINTING PROCESS AND IN THE PRES-
ENCE OF AUTHORIZED PERSONNEL, A PROSPECTIVE EMPLOYEE SHALL SIGN A SWORN
STATEMENT PREPARED BY THE DEPARTMENT VERIFYING THE PROSPECTIVE EMPLOY-
EE'S IDENTITY AND PRESENT TWO FORMS OF IDENTIFICATION, ONE OF WHICH
SHALL BE AN OFFICIAL GOVERNMENT ISSUED PHOTO IDENTIFICATION CAPABLE OF
BEING VERIFIED. A PHOTOGRAPH OF THE PROSPECTIVE EMPLOYEE SHALL BE TAKEN
BY AUTHORIZED PERSONNEL AND AFFIXED TO THE PROSPECTIVE EMPLOYEE'S
SIGNED, SWORN STATEMENT. UPON COMPLETION OF THE FINGERPRINTING PROCESS,
THE AUTHORIZED PERSONNEL SHALL SIGN AN AFFIDAVIT, ON A FORM PRESCRIBED
BY THE COMMISSIONER, ATTESTING THAT HE OR SHE VERIFIED THE PHOTO IDEN-
TIFICATION PRESENTED, WITNESSED THE SIGNATURE AND PROCESSED THE FINGER-
PRINTS IN ACCORDANCE WITH THIS CHAPTER AND THE RULES AND REGULATIONS OF
THE DEPARTMENT. THESE RECORDS SHALL BE RETAINED AS BUSINESS RECORDS AS
DEFINED IN SUBDIVISION TWO OF SECTION 175.00 OF THE PENAL LAW FOR THE
DURATION OF THE INDIVIDUAL'S EMPLOYMENT IN A MANNER PRESCRIBED BY THE
COMMISSIONER. The commissioner shall obtain from each applicant ONE SET,
OR WHERE NECESSARY, two sets of fingerprints and the division of crimi-
nal 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 commissioner
shall promptly transmit such fingerprints and fees to the division of
criminal justice services for its full search and retain processing. The
division of criminal justice services is authorized to submit the fing-
erprints and the appropriate fee to the federal bureau of investigation
for a national criminal history record check. 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. In addition, upon
request from an applicant who has applied for employment with the city
school district of the city of New York, 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 applicant is
employed by the city school district of the city of New York, the divi-
sion 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 an applicant who has
already been cleared for licensure and/or employment by the city school
district of the city of New York, such school district shall have the
authority to forward a copy of the applicant's criminal history record
to the commissioner, by the most expeditious means available, for the
purposes of this section. Furthermore, upon notification that such
applicant has been certified, the division of criminal justice services
S. 5556--A 13
shall have the authority to provide subsequent criminal history notifi-
cations directly to the commissioner. All such criminal history records
processed and sent pursuant to this subdivision shall be confidential
pursuant to the applicable federal and state laws, rules and regu-
lations, and shall not be published or in any way disclosed to persons
other than the commissioner, unless otherwise authorized by law. No
cause of action against the department or the division of criminal
justice services for damages related to the dissemination of criminal
history records pursuant to this subdivision shall exist when the
department or division of criminal justice services has reasonably and
in good faith relied upon the accuracy and completeness of criminal
history information furnished to it by qualified agencies. The provision
of such criminal history record by the division of criminal justice
services shall be subject to the provisions of subdivision sixteen of
section two hundred ninety-six of the executive law. The commissioner
shall consider such criminal history record pursuant to article twenty-
three-A of the correction law.
S 19. Paragraph b of subdivision 2 of section 3020-a of the education
law, as amended by section 1 of part B of chapter 57 of the laws of
2012, is amended to read as follows:
b. The employee may be suspended pending a hearing on the charges and
the final determination thereof. The suspension shall be with pay,
except the employee may be suspended without pay if the employee has
entered a guilty plea to or has been convicted of a felony crime
concerning the criminal sale or possession of a controlled substance, a
precursor of a controlled substance, or drug paraphernalia as defined in
article two hundred twenty or two hundred twenty-one of the penal law;
or a felony crime involving the physical abuse of a minor or student ,
OR A FELONY CRIME INVOLVING THE SUBMISSION OF FALSE INFORMATION, OR THE
COMMISSION OF FRAUD, RELATED TO A CRIMINAL HISTORY RECORD CHECK. The
employee shall be terminated without a hearing, as provided for in this
section, upon conviction of a sex offense, as defined in subparagraph
two of paragraph b of subdivision seven-a of section three hundred five
of this chapter. To the extent this section applies to an employee
acting as a school administrator or supervisor, as defined in subpara-
graph three of paragraph b of subdivision seven-b of section three
hundred five of this chapter, such employee shall be terminated without
a hearing, as provided for in this section, upon conviction of a felony
offense defined in subparagraph two of paragraph b of subdivision
seven-b of section three hundred five of this chapter.
S 20. 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 ONE SET OR WHERE NECESSARY, 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 nonpublic 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 executive law and any fee
imposed by the federal bureau of investigation. The division of criminal
S. 5556--A 14
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 and regulations, and shall not be published or in any way
disclosed to persons other than the commissioner, unless otherwise
authorized by law.
S 21. 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
S. 5556--A 15
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
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 22. Paragraph (i) of subdivision (a) of section 4212 of the educa-
tion law, as amended by section 1-a of part E of chapter 501 of the laws
of 2012, 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 23. 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-
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
S. 5556--A 16
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 24. Paragraph (i) of subdivision (a) of section 4314 of the educa-
tion law, as amended by section 2 of part E of chapter 501 of the laws
of 2012, 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 FINGERPRINT-
ED FOR PURPOSES OF A CRIMINAL HISTORY BACKGROUND CHECK PURSUANT TO
SUBDIVISION (D) OF THIS SECTION;
S 25. 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
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 26. Paragraph (i) of subdivision (a) of section 4358 of the educa-
tion law, as amended by section 3 of part E of chapter 501 of the laws
of 2012, 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 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. 5556--A 17
S 27. 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 28. Paragraph (a) of subdivision 11 of section 4403 of the education
law, as amended by section 4 of part E of chapter 501 of the laws of
2012, 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 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 TWENTY-ONE OF THIS SECTION;
S 29. 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
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
S. 5556--A 18
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 30. Section 4410 of the education law is amended by adding a new
subdivision 9-e to read as follows:
9-E. A. THE COMMISSIONER SHALL REQUIRE, FOR PURPOSES OF A CRIMINAL
HISTORY RECORD CHECK, THE FINGERPRINTING 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 THOUSAND THIRTY-FIVE OF THIS CHAPTER, EXCEPT
WHERE SUCH PROSPECTIVE EMPLOYEES 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 PURSU-
ANT TO PARAGRAPH C OF SUBDIVISION NINE OF THIS SECTION. PRIOR TO INITI-
ATING THE FINGERPRINTING PROCESS, THE PROVIDER SHALL FURNISH ITS
PROSPECTIVE EMPLOYEE WITH THE FORM DESCRIBED IN PARAGRAPH (C) OF SUBDI-
VISION 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 SUBSEQUENT 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.
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-
S. 5556--A 19
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 31. 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 section 32 of part A of
chapter 57 of the laws of 2013, 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, 2014 when upon
such date the provisions of this act shall be deemed repealed].
S 32. The commissioner of education, in consultation with the depart-
ment of criminal justice, shall conduct a study or studies (1) of the
feasibility and desirability of aligning the fingerprinting process used
for criminal history records checks for employment in school districts
and boards of cooperative educational services and for certification as
a teacher or administrator, to the statewide vendor managed network
administered by the division of criminal justice services, and (2)
establishing a new fingerprinting process using the statewide vendor
managed network administered by the division of criminal justice
services for criminal history records checks for licensed professionals
under title VIII of the education law. The commissioner of education
shall submit a report to the board of regents, the governor and the
legislature by no later than January 15, 2014, with recommendations,
including appropriate actions that would need to be taken to align the
existing fingerprinting process and to establish a new fingerprinting
process for licensed professionals under title VIII of the education law
with the statewide system and any estimated costs and/or savings associ-
ated with movement to the statewide system.
S 33. 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.
S 34. This act shall take effect on the one hundred eightieth day
after it shall have become a law; provided that:
a. section thirty-one of this act shall take effect immediately;
b. the provisions of sections one, two, three, four, eighteen, nine-
teen, twenty, twenty-two, twenty-three, twenty-four, twenty-five, twen-
ty-six, twenty-seven and twenty-eight of this act shall apply to
prospective employees of special education schools who are appointed on
or after such effective date and 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;
c. if section 1 of part E of chapter 501 of the laws of 2012 has not
taken effect by the effective date of this act, the amendments to subdi-
vision 5 of section 1125 of the education law, made by section five of
this act, shall take effect on the same date and in the same manner as
section 1 of part E of chapter 501 of the laws of 2012 takes effect;
S. 5556--A 20
d. the amendments made to subdivision 20 of section 2590-h of the
education law by section sixteen of this act shall be subject to the
expiration and reversion of such subdivision pursuant to subdivision 12
of section 17 of chapter 345 of the laws of 2009, as amended, when upon
such date the provisions of section sixteen-a of this act shall take
effect;
e. if section 1-a of part E of chapter 501 of the laws of 2012 shall
not have taken effect by the effective date of this act, the amendments
to paragraph (i) of subdivision (a) of section 4212 of the education
law, made by section twenty-two of this act, shall take effect on the
same date and in the same manner as section 1-a of part E of chapter 501
of the laws of 2012 takes effect;
f. if section 2 of part E of chapter 501 of the laws of 2012 has not
taken effect by the effective date of this act, the amendments to para-
graph (i) of subdivision (a) of section 4314 of the education law, made
by section twenty-four of this act, shall take effect on the same date
and in the same manner as section 2 of part E of chapter 501 of the laws
of 2012 takes effect;
g. if section 3 of part E of chapter 501 of the laws of 2012 has not
taken effect by the effective date of this act, the amendments to para-
graph (i) of subdivision (a) of section 4358 of the education law, made
by section twenty-six of this act, shall take effect on the same date
and in the same manner as section 3 of part E of chapter 501 of the laws
of 2012 takes effect; and
h. if section 4 of part E of chapter 501 of the laws of 2012 has not
taken effect by the effective date of this act, the amendments to para-
graph (a) of subdivision 11 of section 4403 of the education law, made
by section twenty-eight of this act, shall take effect on the same date
and in the same manner as section 4 of part E of chapter 501 of the laws
of 2012 takes effect.
