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

                                  6600

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                             March 27, 2015
                               ___________

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

AN ACT to amend the education law, in relation to requiring the  finger-
  printing  of  prospective employees of approved private special educa-
  tion schools, phasing-in a requirement that all fingerprints submitted
  by prospective employees and applicants for certification be electron-
  ically submitted, strengthening identification verification  practices
  for  the  purpose  of  conducting  criminal  history record checks and
  enhancing existing statutory mechanisms to  expedite  the  removal  of
  persons who commit fingerprint fraud, to amend chapter 147 of the laws
  of  2001,  amending the education law relating to conditional appoint-
  ment of  school  district,  charter  school  or  BOCES  employees,  in
  relation  to  making  permanent  certain provisions relating to condi-
  tional clearances for employment, and to amend chapter 91 of the  laws
  of  2002,  amending  the  education law and other laws relating to the
  reorganization of the New York  city  school  construction  authority,
  board  of  education,  and community boards, in relation to the effec-
  tiveness thereof; and to repeal section 4 of chapter 91 of the laws of
  2002, amending the education law and other laws relating to the  reor-
  ganization  of  the New York city school construction authority, board
  of education, and community boards, relating thereto

  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.
                                                           LBD08340-01-5
              

A. 6600                             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 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, SHALL BE FING-
ERPRINTED USING ELECTRONIC SCANNING TECHNOLOGY IN A MANNER PRESCRIBED BY
THE COMMISSIONER IN RULES AND REGULATIONS DEVELOPED IN COOPERATION  WITH
THE  DIVISION  OF CRIMINAL JUSTICE SERVICES, WHICH SHALL INCLUDE BUT NOT
BE LIMITED TO STANDARDS FOR THE SUBMISSION OF  ELECTRONIC  FINGERPRINTS,
PHOTOGRAPHS  AND  VERIFICATION OF THE IDENTITY OF PROSPECTIVE EMPLOYEES.
OUT-OF-STATE PROSPECTIVE EMPLOYEES, WHO SUBMIT FINGERPRINT CARDS AND ARE
NOT FINGERPRINTED ELECTRONICALLY PURSUANT TO THE  REQUIREMENTS  OF  THIS
PARAGRAPH  SHALL  BE  FINGERPRINTED  ELECTRONICALLY  PRIOR TO EMPLOYMENT
WITHIN THE STATE. THE PROSPECTIVE EMPLOYEE SHALL SIGN AN ATTESTATION, ON
A FORM PRESCRIBED BY THE COMMISSIONER, ATTESTING THAT: AT  THE  TIME  OF
FINGERPRINTING,  HE OR SHE PRESENTED TWO FORMS OF PROPER IDENTIFICATION,
WITH AT LEAST ONE PROVIDING A PHOTOGRAPH; AND HE OR SHE SUBMITTED HIS OR
HER OWN FINGERPRINTS IN SUPPORT OF THE CRIMINAL HISTORY BACKGROUND CHECK
PROVIDED FOR IN THIS SECTION.  THIS ATTESTATION SHALL BE RETAINED BY THE
DEPARTMENT AS A BUSINESS RECORD AS DEFINED IN SUBDIVISION TWO OF SECTION
175.00 OF THE PENAL LAW IN A MANNER PRESCRIBED  IN  REGULATIONS  OF  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:
  (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;

A. 6600                             3

  (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:
  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,

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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
THE RESIDENTIAL COMPONENT OF A FACILITY,  AS  DEFINED  IN  SECTION  FOUR
HUNDRED EIGHTY-EIGHT 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.  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 A FACILITY AS DEFINED IN SECTION FOUR HUNDRED EIGHT-
Y-EIGHT  OF  THE SOCIAL SERVICES LAW, FOR WHOM ALLEGATIONS 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.
  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-
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

A. 6600                             5

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,  SHALL BE FINGERPRINTED
USING ELECTRONIC SCANNING TECHNOLOGY  IN  A  MANNER  PRESCRIBED  BY  THE
COMMISSIONER  IN RULES AND REGULATIONS DEVELOPED IN COOPERATION WITH THE
DIVISION OF CRIMINAL JUSTICE SERVICES, WHICH SHALL INCLUDE  BUT  NOT  BE
LIMITED  TO  STANDARDS  FOR  THE  SUBMISSION OF ELECTRONIC FINGERPRINTS,
PHOTOGRAPHS AND VERIFICATION OF THE IDENTITY OF  PROSPECTIVE  EMPLOYEES.
OUT-OF-STATE PROSPECTIVE EMPLOYEES, WHO SUBMIT FINGERPRINT CARDS AND ARE
NOT  FINGERPRINTED  ELECTRONICALLY  PURSUANT TO THE REQUIREMENTS OF THIS
PARAGRAPH SHALL BE  FINGERPRINTED  ELECTRONICALLY  PRIOR  TO  EMPLOYMENT
WITHIN THE STATE. THE PROSPECTIVE EMPLOYEE SHALL SIGN AN ATTESTATION, ON
A  FORM  PRESCRIBED  BY THE COMMISSIONER, ATTESTING THAT: AT THE TIME OF
FINGERPRINTING, HE OR SHE PRESENTED TWO FORMS OF PROPER  IDENTIFICATION,
WITH AT LEAST ONE PROVIDING A PHOTOGRAPH; AND HE OR SHE SUBMITTED HIS OR
HER OWN FINGERPRINTS IN SUPPORT OF THE CRIMINAL HISTORY BACKGROUND CHECK
PROVIDED  FOR IN THIS SECTION. THIS ATTESTATION SHALL BE RETAINED BY THE
DEPARTMENT AS A BUSINESS RECORD AS DEFINED IN SUBDIVISION TWO OF SECTION
175.00 OF THE PENAL LAW IN A MANNER PRESCRIBED  IN  REGULATIONS  OF  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  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. 6600                             6

  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,  SHALL BE FINGERPRINTED
USING ELECTRONIC SCANNING TECHNOLOGY  IN  A  MANNER  PRESCRIBED  BY  THE
COMMISSIONER  IN RULES AND REGULATIONS DEVELOPED IN COOPERATION WITH THE
DIVISION OF CRIMINAL JUSTICE SERVICES, WHICH SHALL INCLUDE  BUT  NOT  BE
LIMITED  TO  STANDARDS  FOR  THE  SUBMISSION OF ELECTRONIC FINGERPRINTS,
PHOTOGRAPHS AND VERIFICATION OF THE IDENTITY OF  PROSPECTIVE  EMPLOYEES.
OUT-OF-STATE PROSPECTIVE EMPLOYEES, WHO SUBMIT FINGERPRINT CARDS AND ARE
NOT  FINGERPRINTED  ELECTRONICALLY  PURSUANT TO THE REQUIREMENTS OF THIS
PARAGRAPH SHALL BE  FINGERPRINTED  ELECTRONICALLY  PRIOR  TO  EMPLOYMENT
WITHIN THE STATE. THE PROSPECTIVE EMPLOYEE SHALL SIGN AN ATTESTATION, ON
A  FORM  PRESCRIBED  BY THE COMMISSIONER, ATTESTING THAT: AT THE TIME OF
FINGERPRINTING, HE OR SHE PRESENTED TWO FORMS OF PROPER  IDENTIFICATION,
WITH AT LEAST ONE PROVIDING A PHOTOGRAPH; AND HE OR SHE SUBMITTED HIS OR
HER OWN FINGERPRINTS IN SUPPORT OF THE CRIMINAL HISTORY BACKGROUND CHECK
PROVIDED  FOR IN THIS SECTION. THIS ATTESTATION SHALL BE RETAINED BY THE
DEPARTMENT AS A BUSINESS RECORD AS DEFINED IN SUBDIVISION TWO OF SECTION
175.00 OF THE PENAL LAW IN A MANNER PRESCRIBED  IN  REGULATIONS  OF  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  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:
  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, SHALL BE FING-
ERPRINTED USING ELECTRONIC SCANNING TECHNOLOGY IN A MANNER PRESCRIBED BY
THE COMMISSIONER IN RULES AND REGULATIONS DEVELOPED IN COOPERATION  WITH
THE  DIVISION  OF CRIMINAL JUSTICE SERVICES, WHICH SHALL INCLUDE BUT NOT
BE LIMITED TO STANDARDS FOR THE SUBMISSION OF  ELECTRONIC  FINGERPRINTS,
PHOTOGRAPHS  AND  VERIFICATION OF THE IDENTITY OF PROSPECTIVE EMPLOYEES.
OUT-OF-STATE PROSPECTIVE EMPLOYEES, WHO SUBMIT FINGERPRINT CARDS AND ARE
NOT FINGERPRINTED ELECTRONICALLY PURSUANT TO THE  REQUIREMENTS  OF  THIS
PARAGRAPH  SHALL  BE  FINGERPRINTED  ELECTRONICALLY  PRIOR TO EMPLOYMENT
WITHIN THE STATE. THE PROSPECTIVE EMPLOYEE SHALL SIGN AN ATTESTATION, ON
A FORM PRESCRIBED BY THE COMMISSIONER, ATTESTING THAT: AT  THE  TIME  OF
FINGERPRINTING,  HE OR SHE PRESENTED TWO FORMS OF PROPER IDENTIFICATION,
WITH AT LEAST ONE PROVIDING A PHOTOGRAPH; AND HE OR SHE SUBMITTED HIS OR

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HER OWN FINGERPRINTS IN SUPPORT OF THE CRIMINAL HISTORY BACKGROUND CHECK
PROVIDED FOR IN THIS SECTION. THIS ATTESTATION SHALL BE RETAINED BY  THE
DEPARTMENT AS A BUSINESS RECORD AS DEFINED IN SUBDIVISION TWO OF SECTION
175.00  OF  THE  PENAL  LAW IN A MANNER PRESCRIBED IN REGULATIONS OF 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 4 of paragraph h of subdivision 4 of  section  1950
of  the  education law, as amended by chapter 17 of the laws of 2011, is
amended to read as follows:
  (4) To enter into contracts with nonpublic  schools  to  provide  data
processing services for pupil personnel records and other administrative
records  of  the  nonpublic  schools [and the processing of fingerprints
utilized in criminal history record checks for those  nonpublic  schools
that  elect  to  require such criminal history record checks pursuant to
paragraph (a) of subdivision thirty of section  three  hundred  five  of
this chapter].
  S  13. 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,  SHALL BE FINGERPRINTED
USING ELECTRONIC SCANNING TECHNOLOGY  IN  A  MANNER  PRESCRIBED  BY  THE
COMMISSIONER  IN RULES AND REGULATIONS DEVELOPED IN COOPERATION WITH THE
DIVISION OF CRIMINAL JUSTICE SERVICES, WHICH SHALL INCLUDE  BUT  NOT  BE
LIMITED  TO  STANDARDS  FOR  THE  SUBMISSION OF ELECTRONIC FINGERPRINTS,
PHOTOGRAPHS AND VERIFICATION OF THE IDENTITY OF  PROSPECTIVE  EMPLOYEES.
OUT-OF-STATE PROSPECTIVE EMPLOYEES, WHO SUBMIT FINGERPRINT CARDS AND ARE
NOT  FINGERPRINTED  ELECTRONICALLY  PURSUANT TO THE REQUIREMENTS OF THIS
PARAGRAPH SHALL BE  FINGERPRINTED  ELECTRONICALLY  PRIOR  TO  EMPLOYMENT
WITHIN THE STATE. THE PROSPECTIVE EMPLOYEE SHALL SIGN AN ATTESTATION, ON
A  FORM  PRESCRIBED  BY THE COMMISSIONER, ATTESTING THAT: AT THE TIME OF
FINGERPRINTING, HE OR SHE PRESENTED TWO FORMS OF PROPER  IDENTIFICATION,
WITH AT LEAST ONE PROVIDING A PHOTOGRAPH; AND HE OR SHE SUBMITTED HIS OR
HER OWN FINGERPRINTS IN SUPPORT OF THE CRIMINAL HISTORY BACKGROUND CHECK
PROVIDED  FOR IN THIS SECTION. THIS ATTESTATION SHALL BE RETAINED BY THE
DEPARTMENT AS A BUSINESS RECORD AS DEFINED IN SUBDIVISION TWO OF SECTION
175.00 OF THE PENAL LAW IN A MANNER PRESCRIBED  IN  REGULATIONS  OF  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 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

A. 6600                             8

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,  SHALL BE FINGERPRINTED
USING ELECTRONIC SCANNING TECHNOLOGY  IN  A  MANNER  PRESCRIBED  BY  THE
COMMISSIONER  IN RULES AND REGULATIONS DEVELOPED IN COOPERATION WITH THE
DIVISION OF CRIMINAL JUSTICE SERVICES, WHICH SHALL INCLUDE  BUT  NOT  BE
LIMITED  TO  STANDARDS  FOR  THE  SUBMISSION OF ELECTRONIC FINGERPRINTS,
PHOTOGRAPHS AND VERIFICATION OF THE IDENTITY OF  PROSPECTIVE  EMPLOYEES.
OUT-OF-STATE PROSPECTIVE EMPLOYEES, WHO SUBMIT FINGERPRINT CARDS AND ARE
NOT  FINGERPRINTED  ELECTRONICALLY  PURSUANT TO THE REQUIREMENTS OF THIS
PARAGRAPH SHALL BE  FINGERPRINTED  ELECTRONICALLY  PRIOR  TO  EMPLOYMENT
WITHIN THE STATE. THE PROSPECTIVE EMPLOYEE SHALL SIGN AN ATTESTATION, ON
A  FORM  PRESCRIBED  BY THE COMMISSIONER, ATTESTING THAT: AT THE TIME OF
FINGERPRINTING, HE OR SHE PRESENTED TWO FORMS OF PROPER  IDENTIFICATION,
WITH AT LEAST ONE PROVIDING A PHOTOGRAPH; AND HE OR SHE SUBMITTED HIS OR
HER OWN FINGERPRINTS IN SUPPORT OF THE CRIMINAL HISTORY BACKGROUND CHECK
PROVIDED  FOR IN THIS SECTION. THIS ATTESTATION SHALL BE RETAINED BY THE
DEPARTMENT AS A BUSINESS RECORD AS DEFINED IN SUBDIVISION TWO OF SECTION
175.00 OF THE PENAL LAW IN A MANNER PRESCRIBED  IN  REGULATIONS  OF  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  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.    PROSPECTIVE
EMPLOYEES,  INCLUDING  OUT-OF-STATE  APPLICANTS,  SHALL BE FINGERPRINTED
USING ELECTRONIC SCANNING TECHNOLOGY  IN  A  MANNER  PRESCRIBED  BY  THE
COMMISSIONER  IN RULES AND REGULATIONS DEVELOPED IN COOPERATION WITH THE
DIVISION OF CRIMINAL JUSTICE SERVICES, WHICH SHALL INCLUDE  BUT  NOT  BE
LIMITED  TO  STANDARDS  FOR  THE  SUBMISSION OF ELECTRONIC FINGERPRINTS,
PHOTOGRAPHS AND VERIFICATION OF THE IDENTITY OF  PROSPECTIVE  EMPLOYEES.
OUT-OF-STATE PROSPECTIVE EMPLOYEES, WHO SUBMIT FINGERPRINT CARDS AND ARE
NOT  FINGERPRINTED  ELECTRONICALLY  PURSUANT TO THE REQUIREMENTS OF THIS
PARAGRAPH SHALL BE  FINGERPRINTED  ELECTRONICALLY  PRIOR  TO  EMPLOYMENT
WITHIN THE STATE. THE PROSPECTIVE EMPLOYEE SHALL SIGN AN ATTESTATION, ON
A  FORM  PRESCRIBED  BY THE COMMISSIONER, ATTESTING THAT: AT THE TIME OF
FINGERPRINTING, HE OR SHE PRESENTED TWO FORMS OF PROPER  IDENTIFICATION,
WITH AT LEAST ONE PROVIDING A PHOTOGRAPH; AND HE OR SHE SUBMITTED HIS OR
HER OWN FINGERPRINTS IN SUPPORT OF THE CRIMINAL HISTORY BACKGROUND CHECK
PROVIDED  FOR IN THIS SECTION. THIS ATTESTATION SHALL BE RETAINED BY THE
DEPARTMENT AS A BUSINESS RECORD AS DEFINED IN SUBDIVISION TWO OF SECTION

A. 6600                             9

175.00 OF THE PENAL LAW IN A MANNER PRESCRIBED  IN  REGULATIONS  OF  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  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  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 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
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,  SHALL BE FINGERPRINTED USING ELECTRONIC SCANNING TECHNOLOGY
IN A MANNER PRESCRIBED BY THE  COMMISSIONER  IN  RULES  AND  REGULATIONS
DEVELOPED IN COOPERATION WITH THE DIVISION OF CRIMINAL JUSTICE SERVICES,
WHICH  SHALL  INCLUDE BUT NOT BE LIMITED TO STANDARDS FOR THE SUBMISSION
OF ELECTRONIC FINGERPRINTS, PHOTOGRAPHS AND VERIFICATION OF THE IDENTITY
OF PROSPECTIVE EMPLOYEES. OUT-OF-STATE PROSPECTIVE EMPLOYEES, WHO SUBMIT
FINGERPRINT CARDS AND ARE NOT FINGERPRINTED ELECTRONICALLY  PURSUANT  TO
THE REQUIREMENTS OF THIS PARAGRAPH SHALL BE FINGERPRINTED ELECTRONICALLY
PRIOR  TO  EMPLOYMENT  WITHIN THE STATE.  THE PROSPECTIVE EMPLOYEE SHALL
SIGN AN ATTESTATION, ON A FORM PRESCRIBED BY THE COMMISSIONER, ATTESTING

A. 6600                            10

THAT: AT THE TIME OF FINGERPRINTING, HE OR SHE PRESENTED  TWO  FORMS  OF
PROPER  IDENTIFICATION, WITH AT LEAST ONE PROVIDING A PHOTOGRAPH; AND HE
OR SHE SUBMITTED HIS OR HER OWN FINGERPRINTS IN SUPPORT OF THE  CRIMINAL
HISTORY  BACKGROUND CHECK PROVIDED FOR IN THIS SECTION. THIS ATTESTATION
SHALL BE RETAINED BY THE DEPARTMENT AS A BUSINESS RECORD AS  DEFINED  IN
SUBDIVISION  TWO  OF  SECTION  175.00  OF  THE  PENAL  LAW  IN  A MANNER
PRESCRIBED IN REGULATIONS OF THE COMMISSIONER. Every set of fingerprints
taken pursuant to this paragraph shall  be  promptly  submitted  to  the
commissioner for purposes of clearance 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, SHALL  BE
FINGERPRINTED   USING   ELECTRONIC   SCANNING  TECHNOLOGY  IN  A  MANNER
PRESCRIBED BY THE COMMISSIONER IN RULES  AND  REGULATIONS  DEVELOPED  IN
COOPERATION  WITH THE DIVISION OF CRIMINAL JUSTICE SERVICES, WHICH SHALL
INCLUDE BUT NOT BE LIMITED TO STANDARDS FOR THE SUBMISSION OF ELECTRONIC
FINGERPRINTS, PHOTOGRAPHS AND VERIFICATION OF THE IDENTITY  OF  PROSPEC-
TIVE  EMPLOYEES.  OUT-OF-STATE PROSPECTIVE EMPLOYEES, WHO SUBMIT FINGER-
PRINT CARDS AND ARE NOT FINGERPRINTED  ELECTRONICALLY  PURSUANT  TO  THE
REQUIREMENTS  OF  THIS  PARAGRAPH  SHALL BE FINGERPRINTED ELECTRONICALLY
PRIOR TO EMPLOYMENT WITHIN THE STATE.  THE  PROSPECTIVE  EMPLOYEE  SHALL
SIGN AN ATTESTATION, ON A FORM PRESCRIBED BY THE COMMISSIONER, ATTESTING
THAT:  AT  THE  TIME OF FINGERPRINTING, HE OR SHE PRESENTED TWO FORMS OF
PROPER IDENTIFICATION, WITH AT LEAST ONE PROVIDING A PHOTOGRAPH; AND  HE
OR  SHE SUBMITTED HIS OR HER OWN FINGERPRINTS IN SUPPORT OF THE CRIMINAL
HISTORY BACKGROUND CHECK PROVIDED FOR IN THIS SECTION.  THIS ATTESTATION
SHALL BE RETAINED BY THE DEPARTMENT AS A BUSINESS RECORD AS  DEFINED  IN
SUBDIVISION  TWO  OF  SECTION  175.00  OF  THE  PENAL  LAW  IN  A MANNER
PRESCRIBED IN REGULATIONS OF 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 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

A. 6600                            11

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 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. Further-
more, 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  commis-
sioner,  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  accu-
racy 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 execu-
tive 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

A. 6600                            12

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
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.

A. 6600                            13

  (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
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 (C) OF THIS SECTION;

A. 6600                            14

  S 23. Section 4212 of the education law is amended  by  adding  a  new
subdivision (c) to read as follows:
  (C)  (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
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 (C) OF THIS SECTION;
  S 25. Section 4314 of the education law is amended  by  adding  a  new
subdivision (c) to read as follows:
  (C)  (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

A. 6600                            15

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 (C) OF THIS SECTION;
  S  27.  Section  4358  of the education law is amended by adding a new
subdivision (c) to read as follows:
  (C) (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-

A. 6600                            16

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-TWO OF THIS SECTION;
  S  29.  Section  4403  of the education law is amended by adding a new
subdivision 22 to read as follows:
  22. 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
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.   PROSPECTIVE EMPLOYEE FINGERPRINTING.  A. THE COMMISSIONER SHALL
REQUIRE, FOR PURPOSES OF A CRIMINAL HISTORY RECORD  CHECK,  THE  FINGER-
PRINTING  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 THOU-
SAND  THIRTY-FIVE OF THIS CHAPTER, EXCEPT WHERE SUCH PROSPECTIVE EMPLOY-
EES 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 PURSUANT TO PARAGRAPH C OF SUBDIVISION NINE
OF THIS SECTION. PRIOR TO INITIATING  THE  FINGERPRINTING  PROCESS,  THE
PROVIDER  SHALL FURNISH ITS PROSPECTIVE EMPLOYEE WITH THE FORM DESCRIBED
IN PARAGRAPH (C) OF SUBDIVISION THIRTY OF SECTION THREE HUNDRED FIVE  OF

A. 6600                            17

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 PROVID-
ERS  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-
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 18 of part A of
chapter 56 of the laws of 2014, 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, 2015 when  upon
such date the provisions of this act shall be deemed repealed].
  S  32.  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 33. Section 34 of chapter 91 of  the  laws  of  2002,  amending  the
education  law  and other laws relating to the reorganization of the New
York city school construction authority, board of education, and  commu-
nity  boards,  as amended by chapter 345 of the laws of 2009, is amended
to read as follows:
  S 34. This act shall take effect July 1, 2002; provided, that sections
one through twenty, twenty-four, and twenty-six through thirty  of  this
act  shall  expire  and  be  deemed  repealed  June  30, 2015; provided,
further, that notwithstanding any provision of article 5 of the  general
construction  law, on June 30, 2015 the provisions of subdivisions 3, 5,

A. 6600                            18

and 8, paragraph b of subdivision 13, subdivision 14, paragraphs  b,  d,
and  e  of subdivision 15, and subdivisions 17 and 21 of section 2554 of
the education law as repealed by section three of this act,  subdivision
1  of  section 2590-b of the education law as repealed by section six of
this act, paragraph (a) of subdivision 2 of section 2590-b of the educa-
tion law as repealed by section seven of this act, section 2590-c of the
education law as repealed by section eight of this act, paragraph  c  of
subdivision  2  of  section  2590-d  of the education law as repealed by
section twenty-six of this act, subdivision 1 of section 2590-e  of  the
education  law as repealed by section twenty-seven of this act, subdivi-
sion 28 of section 2590-h of the education law as  repealed  by  section
twenty-eight of this act, subdivision 30 of section 2590-h of the educa-
tion  law  as  repealed  by section twenty-nine of this act, subdivision
30-a of section 2590-h of the education law as repealed by section thir-
ty of this act shall be revived and be read as such  provisions  existed
in law on the date immediately preceding the effective date of this act;
provided,  however, that sections seven and eight of this act shall take
effect on November 30, 2003[; provided further that  the  amendments  to
subdivision  25 of section 2554 of the education law made by section two
of this act shall be subject to the expiration  and  reversion  of  such
subdivision  pursuant  to section 12 of chapter 147 of the laws of 2001,
as amended, when upon such date the provisions of section four  of  this
act shall take effect].
  S 34. Section 4 of chapter 91 of the laws of 2002, amending the educa-
tion  law  and other laws relating to the reorganization of the New York
city school construction authority, board of  education,  and  community
boards, is REPEALED.
  S 35. This act shall take effect on July 1, 2016; 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 pre-school
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. the amendments to subdivision 20 of section 2590-h of the education
law made by section sixteen of this act shall be subject to the  expira-
tion  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; and
  d. the amendments to paragraph a of subdivision 25 of section 2554  of
the  education  law made by section fifteen of this act shall not affect
the expiration of such subdivision and shall be  deemed  expired  there-
with.