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

                                 5827--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              June 17, 2013
                               ___________

Introduced by Sens. FLANAGAN, BOYLE, DeFRANCISCO, FELDER, HANNON, LANZA,
  LARKIN,  LAVALLE, MARTINS, MAZIARZ, RANZENHOFER, YOUNG, ZELDIN -- read
  twice and ordered printed, and when printed to  be  committed  to  the
  Committee  on  Rules  --  recommitted to the Committee on Education in
  accordance with Senate Rule 6, sec. 8 --  committee  discharged,  bill
  amended,  ordered reprinted as amended and recommitted to said commit-
  tee

AN ACT to amend the education law, in relation to requiring the  finger-
  printing  of  prospective  employees  of certain schools, phasing-in a
  requirement that all fingerprints submitted by  prospective  employees
  and  applicants for certification be electronically submitted, author-
  izing boards of cooperative educational services  to  conduct  finger-
  printing  for  non-component districts, special education schools, and
  applicants for certification, strengthening  identification  verifica-
  tion  practices  at fingerprinting sites for the purpose of conducting
  criminal history record checks and enhancing existing statutory  mech-
  anisms  to  expedite  the  removal  of  persons who commit fingerprint
  fraud; 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  making  permanent
  certain provisions relating to conditional clearances for employment

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

  Section 1. Paragraphs (a) and (b) of subdivision 30 of section 305  of
the  education law, paragraph (a) and the opening paragraph and subpara-
graph (i) of paragraph (b) as amended by chapter  630  of  the  laws  of
2006,  paragraph  (b)  as  added by chapter 180 of the laws of 2000, are
amended to read as follows:
  (a) The commissioner, in cooperation with  the  division  of  criminal
justice  services  and  in  accordance with all applicable provisions of
law, shall promulgate rules and regulations to require the  fingerprint-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10119-15-4
              

S. 5827--A                          2

ing of prospective employees, as defined in section eleven hundred twen-
ty-five of this chapter, of school districts, charter schools and boards
of  cooperative  educational services and authorizing the fingerprinting
of prospective employees of nonpublic and private elementary and second-
ary 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, and nonpub-
lic and private elementary and secondary schools in connection with  the
submission  of  fingerprints that contains the specific job title sought
and any other information that may be relevant to consideration  of  the
applicant.   PROSPECTIVE EMPLOYEES, INCLUDING OUT-OF-STATE APPLICANTS TO
THE 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  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.
  (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, and nonpublic and private elementary
and secondary schools that elect to fingerprint and seek  clearance  for
prospective employees that shall:

S. 5827--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.  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
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  3.  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:

S. 5827--A                          4

  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  4.  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:
  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-

S. 5827--A                          5

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 5. 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-
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

S. 5827--A                          6

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 6. 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,  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 FING-
ERPRINTS FOR CRIMINAL HISTORY RECORDS SEARCHES PURSUANT TO SECTION THREE
THOUSAND  THIRTY-FIVE OF THIS CHAPTER FOR APPLICANTS FOR TEACHER CERTIF-
ICATION AND FOR APPLICANTS FOR A CHARTER AS A CHARTER SCHOOL PURSUANT TO
SUBDIVISION FOUR OF SECTION TWENTY-EIGHT HUNDRED FIFTY-TWO OF THIS CHAP-
TER.  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 7. 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
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-

S. 5827--A                          7

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 8. 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-
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. 5827--A                          8

  S 9. 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
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 10. 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

S. 5827--A                          9

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
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
APPLICANTS WHO SUBMIT FINGERPRINT CARDS AND ARE NOT FINGERPRINTED  ELEC-
TRONICALLY  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 COMMISSIONER SHALL
ESTABLISH  MINIMUM STANDARDS AND PROCEDURES FOR IDENTIFICATION VERIFICA-
TION 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  AUTHOR-
IZED  PERSONNEL,  AN  APPLICANT SHALL SIGN A SWORN STATEMENT PREPARED BY
THE DEPARTMENT VERIFYING THE APPLICANT'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
APPLICANT  SHALL  BE  TAKEN  BY  AUTHORIZED PERSONNEL AND AFFIXED TO THE
APPLICANT'S SIGNED, SWORN STATEMENT.   UPON COMPLETION  OF  THE  FINGER-
PRINTING 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  PROC-
ESSED THE FINGERPRINTS IN ACCORDANCE WITH THIS CHAPTER AND THE RULES AND
REGULATIONS OF THE DEPARTMENT.  THESE RECORDS SHALL BE RETAINED AS BUSI-
NESS  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 criminal justice services processing fee imposed pursuant to
subdivision  eight-a of section eight hundred thirty-seven of the execu-
tive law and any fee imposed by the federal bureau of investigation. The
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 fingerprints 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 division of criminal justice services shall have the authority

S. 5827--A                         10

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 shall have the authority to provide subsequent
criminal history notifications 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  regulations,  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 dissem-
ination 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  crimi-
nal  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 11. 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, and  the  divi-
sion  of  criminal  justice  services processing fee imposed pursuant to
subdivision eight-a of section eight hundred thirty-seven of the  execu-
tive law and any fee imposed by the federal bureau of investigation. The
division of criminal justice services and the federal bureau of investi-
gation shall forward such criminal history record to the commissioner in
a  timely  manner.  For the purposes of this section, the term "criminal
history record" shall mean a record of all convictions of crimes and any
pending criminal charges maintained on an individual by the division  of
criminal  justice  services and the federal bureau of investigation. All
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  12. 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

S. 5827--A                         11

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,  2015,  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  13.  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 14. 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 15. This act shall take effect on  the  one  hundred  eightieth  day
after it shall have become a law.