S T A T E O F N E W Y O R K
________________________________________________________________________
2719
2019-2020 Regular Sessions
I N A S S E M B L Y
January 25, 2019
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Introduced by M. of A. L. ROSENTHAL, BENEDETTO, WEPRIN, THIELE, JAFFEE,
STIRPE, GALEF, FAHY, WOERNER, JOHNS, RA, MONTESANO, McDONOUGH, MORI-
NELLO -- Multi-Sponsored by -- M. of A. BARCLAY, BLANKENBUSH, DenDEKK-
ER, LENTOL, LUPARDO, SCHIMMINGER -- read once and referred to the
Committee on Education
AN ACT to amend the education law, in relation to background checks and
fingerprinting; and to amend the social services law, in relation to
statewide central registry clearances by contracted service providers
of student support services
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 3 of section 1125 of the education law, as
amended by chapter 363 of the laws of 2018, is amended to read as
follows:
3. "Employee" shall mean any person: (i) who is receiving compensation
from a school or (ii) whose duties involve direct student contact and
(a) who is receiving compensation from any person or entity that
contracts with a school to provide transportation services to children,
or (b) who is an 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, OR
(C) WHO IS RECEIVING COMPENSATION FROM ANY PERSON OR ENTITY THAT
CONTRACTS WITH A SCHOOL TO PROVIDE STUDENT SUPPORT SERVICES, and
consistent with the provisions of such title for the provision of
services to such school, its students or employees, directly or through
contract.
§ 2. Paragraph (a-2) of subdivision 3 of section 2854 of the education
law is amended by adding a new subparagraph (v) to read as follows:
(V) NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS SECTION, THE
BOARD OF TRUSTEES OF A CHARTER SCHOOL SHALL NOT BE REQUIRED TO OVERSEE
THE FINGERPRINTING PROCESS FOR EMPLOYEES OF A CONTRACTED SERVICE PROVID-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07679-01-9
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ER OF STUDENT SUPPORT SERVICES SUCH AS, BUT NOT LIMITED TO, SUBSTITUTE
TEACHERS, SUBSTITUTE TEACHER AIDES, SUBSTITUTE NURSES, EDUCATIONAL
CONSULTANTS, TUTORS, SUBSTITUTE SCHOOL ADMINISTRATIVE SUPPORT AND OTHER
TEMPORARY STUDENT SERVICES PROFESSIONALS, SO LONG AS THEY HAVE ENGAGED A
CONTRACTED SERVICE PROVIDER OF STUDENT SUPPORT SERVICES WHO HAS COMPLIED
WITH THE FINGERPRINTING REQUIREMENTS ELSEWHERE IN THIS CHAPTER.
§ 3. Paragraph (a) 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:
(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-
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 CONTRACTED SERVICE
PROVIDERS OF STUDENT SUPPORT 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, CONTRACTED
SERVICE PROVIDERS OF STUDENT SUPPORT SERVICES, and nonpublic 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. THE
COMMISSIONER SHALL ALSO CREATE OR EXPAND THE FUNCTIONALITY OF INTERNET
BASED SYSTEMS TO PROVIDE ACCESS TO CONTRACTED SERVICE PROVIDERS OF
STUDENT SUPPORT SERVICES UPON APPLICATION OF THE CONTRACTED SERVICE
PROVIDER OF STUDENT SUPPORT SERVICES TO THE COMMISSIONER TO ENABLE THEM
TO BE ABLE TO REVIEW FINGERPRINT RESULTS AND SUBSEQUENT ARREST NOTIFICA-
TIONS BASED ON THE FINGERPRINT AND BACKGROUND CHECK DATA BY LOGGING INTO
A PROTECTED WEB PORTAL, ENTERING IN THE EMPLOYEE NAME AND SOCIAL SECURI-
TY NUMBER, WHICH WOULD PROVIDE ACCESS TO SEE THE FINGERPRINT RESULTS.
The commissioner shall also establish a form for the recordation of
allegations of child abuse in an educational setting, as required pursu-
ant 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 histo-
ry record check. This subdivision and the rules and regulations promul-
gated pursuant thereto shall not apply to a school district within a
city with a population of one million or more.
§ 4. The opening paragraph of paragraph (b) 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:
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, CONTRACTED SERVICE PROVIDERS OF STUDENT SUPPORT
SERVICES and nonpublic and private elementary and secondary schools that
elect to fingerprint and seek clearance for prospective employees that
shall:
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§ 5. 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,
CONTRACTED SERVICE PROVIDERS OF STUDENT SUPPORT SERVICES 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 condi-
tional appointment is offered.
§ 6. Subdivision 31 of section 305 of the education law, as added by
chapter 380 of the laws of 2001, is amended to read as follows:
31. The commissioner shall direct that each school district, charter
school, [and] private elementary and secondary school, AND CONTRACTED
SERVICE PROVIDER OF STUDENT SUPPORT SERVICES appoint a designated educa-
tional official for the purposes set forth in section 380.90 of the
criminal procedure law, subdivision seventeen of section 301.2 and
subdivision three of section 380.1 of the family court act. In addition,
the commissioner shall promulgate rules and regulations, in consultation
with the office of court administration, to facilitate electronic access
by the courts to the names and addresses of such designated educational
officials.
§ 7. 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 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, CONTRACTED SERVICE PROVIDERS OF STUDENT SUPPORT
SERVICES and of prospective employees received from nonpublic and
private elementary and secondary schools pursuant to title two of this
chapter, and the division of criminal justice services processing fee
imposed pursuant to subdivision eight-a of section eight hundred thir-
ty-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.
§ 8. Subdivision 3 of section 3035 of the education law, as amended by
section 7 of chapter 630 of the laws of 2006, is amended to read as
follows:
3. (a) Clearance. (I) After receipt of a criminal history record from
the division of criminal justice services and the federal bureau of
investigation the commissioner shall promptly notify the appropriate
school district, charter school, board of cooperative educational
services, CONTRACTED SERVICE PROVIDERS OF STUDENT SUPPORT SERVICES or
nonpublic or private elementary or secondary school whether the prospec-
tive employee to which such report relates is cleared for employment
based upon his or her criminal history. All determinations to grant or
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deny clearance for employment pursuant to this paragraph shall be
performed in accordance with subdivision sixteen of section two hundred
ninety-six of the executive law and article 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.
(II) NOTWITHSTANDING ANY OTHER PROVISIONS OF LAW TO THE CONTRARY,
INFORMATION REGARDING THE RESULTS OF THE INVESTIGATION OF CURRENT OR
PROSPECTIVE EMPLOYEES OF CONTRACTED SERVICE PROVIDERS OF STUDENT SUPPORT
SERVICES AND SUBSEQUENT CHANGES IN STATUS RELATED TO SUCH EMPLOYEES
SHALL BE TRANSMITTED VIA AN INTERNET-BASED SYSTEM MADE AVAILABLE TO
CONTRACTED SERVICE PROVIDERS OF STUDENT SUPPORT SERVICES UPON APPLICA-
TION OF THE CONTRACTED SERVICE PROVIDER OF STUDENT SUPPORT SERVICES TO
THE COMMISSIONER WHERE, BY LOGGING INTO A PROTECTED WEB PORTAL AND
ENTERING IN THE EMPLOYEE NAME AND SOCIAL SECURITY NUMBER, CONTRACTED
SERVICE PROVIDERS OF STUDENT SUPPORT SERVICES WOULD BE ABLE TO ACCESS
FINGERPRINT RESULTS, WHETHER THE EMPLOYEE FIRST COMPLETED A FORM
PROVIDED TO THEM BY THE CONTRACTED SERVICE PROVIDER OF STUDENT SUPPORT
SERVICES, OR RECEIVED A FORM PREVIOUSLY FROM A SCHOOL DISTRICT, CHARTER
SCHOOL OR BOARD OF COOPERATIVE EDUCATIONAL SERVICES. NOTHING IN THIS
SECTION SHALL REQUIRE AN EMPLOYEE WHO HAS ALREADY SUBMITTED THEIR FING-
ERPRINTS TO THE COMMISSIONER TO HAVE TO SUBMIT THEM AGAIN, SO LONG AS
THEY WERE NOT DESTROYED.
(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, CONTRACTED SERVICE
PROVIDERS OF STUDENT SUPPORT SERVICES or nonpublic or private elementary
or secondary 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 notifica-
tion 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 finger-
prints. All determinations to grant or deny conditional clearance for
employment pursuant to this paragraph shall be performed in accordance
with subdivision sixteen of section two hundred ninety-six of the execu-
tive law and article twenty-three-A of the correction law.
§ 9. Subdivision 3 of section 3035 of the education law, as amended by
section 8 of chapter 630 of the laws of 2006, is amended to read as
follows:
3. After receipt of a criminal history record from the division of
criminal justice services and the federal bureau of investigation the
commissioner shall promptly notify the appropriate school district,
charter school, board of cooperative educational services, CONTRACTED
SERVICE PROVIDERS OF STUDENT SUPPORT SERVICES or nonpublic or private
elementary or secondary school whether the prospective employee to which
such report relates is cleared for employment based upon his or her
criminal history. All determinations to grant or deny clearance for
employment pursuant to this subdivision shall be performed in accordance
with subdivision sixteen of section two hundred ninety-six of the execu-
tive law and article twenty-three-A of the correction law. When the
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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.
§ 10. Section 1125 of the education law is amended by adding a new
subdivision 11 to read as follows:
11. "CONTRACTED SERVICE PROVIDER OF STUDENT SUPPORT SERVICES" SHALL
MEAN ANY INDIVIDUAL OR ENTITY THAT CONTRACTS WITH, BUT NOT LIMITED TO, A
SCHOOL DISTRICT, A CHARTER SCHOOL, A BOARD OF COOPERATIVE EDUCATIONAL
SERVICES, OR A NONPUBLIC SCHOOL FOR THE PROVISION OF SUBSTITUTE TEACH-
ERS, SUBSTITUTE TEACHER ASSISTANTS, SUBSTITUTE NURSES, EDUCATIONAL
PROFESSIONAL, TUTORS, SUBSTITUTE SCHOOL ADMINISTRATIVE SUPPORT, AND
OTHER TEMPORARY STUDENT SERVICE PERSONNEL.
§ 11. Subdivision 3 of section 424-a of the social services law, as
amended by section 6 of part C of chapter 57 of the laws of 2018, is
amended to read as follows:
3. For purposes of this section, the term "provider" or "provider
agency" shall mean: an authorized agency; the office of children and
family services; juvenile detention facilities subject to the certif-
ication of the office of children and family services; programs estab-
lished pursuant to article nineteen-H of the executive law; non-residen-
tial or residential programs or facilities licensed or operated by the
office of mental health or the office for people with developmental
disabilities except family care homes; licensed child day care centers,
including head start programs which are funded pursuant to title V of
the federal economic opportunity act of nineteen hundred sixty-four, as
amended; early intervention service established pursuant to section
twenty-five hundred forty of the public health law; preschool services
established pursuant to section forty-four hundred ten of the education
law; school-age child care programs; CONTRACTED SERVICE PROVIDERS OF
STUDENT SUPPORT SERVICES AS DEFINED IN SUBDIVISION ELEVEN OF SECTION
ELEVEN HUNDRED TWENTY-FIVE OF THE EDUCATION LAW; special act school
districts as enumerated in chapter five hundred sixty-six of the laws of
nineteen hundred sixty-seven, as amended; programs and facilities
licensed by the office of alcoholism and substance abuse services; resi-
dential schools which are operated, supervised or approved by the educa-
tion department; health homes, or any subcontractor of such health
homes, who contracts with or is approved or otherwise authorized by the
department of health to provide health home services to all those
enrolled pursuant to a diagnosis of a developmental disability as
defined in subdivision twenty-two of section 1.03 of the mental hygiene
law and enrollees who are under twenty-one years of age under section
three hundred sixty-five-l of this chapter, or any entity that provides
home and community based services to enrollees who are under twenty-one
years of age under a demonstration program pursuant to section eleven
hundred fifteen of the federal social security act; publicly-funded
emergency shelters for families with children, provided, however, for
purposes of this section, when the provider or provider agency is a
publicly-funded emergency shelter for families with children, then all
references in this section to the "potential for regular and substantial
contact with individuals who are cared for by the agency" shall mean the
potential for regular and substantial contact with children who are
served by such shelter; and any other facility or provider agency, as
defined in subdivision four of section four hundred eighty-eight of this
chapter, in regard to the employment of staff, or use of providers of
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goods and services and staff of such providers, consultants, interns and
volunteers.
§ 12. Paragraph (a) of subdivision 2 of section 390-a of the social
services law, as amended by chapter 416 of the laws of 2000, is amended
to read as follows:
(a) review and evaluate the backgrounds of and information supplied by
any person applying to be a child day care center or school-age child
care program employee or volunteer or group family day care assistant, a
provider of family day care or group family day care, or a director of a
child day care center, head start day care center or school-age child
care program. Such procedures shall include but not be limited to the
following requirements: that the applicant set forth his or her employ-
ment history, provide personal and employment references; submit such
information as is required for screening with the statewide central
register of child abuse and maltreatment in accordance with the
provisions of section four hundred twenty-four-a of this article; sign a
sworn statement indicating whether, to the best of his or her knowledge,
he or she has ever been convicted of a crime in this state or any other
jurisdiction; and provide his or her fingerprints for submission to the
division of criminal justice services in accordance with the provisions
of section three hundred ninety-b of this title. NOTWITHSTANDING THE
PROVISIONS OF THIS PARAGRAPH, WHERE A PROGRAM HAS PEOPLE WORKING ON
THEIR PREMISES THROUGH A CONTRACTED SERVICE PROVIDER OF STUDENT SUPPORT
SERVICES AS DEFINED IN SUBDIVISION ELEVEN OF SECTION ELEVEN HUNDRED
TWENTY-FIVE OF THE EDUCATION LAW, AND SUCH CONTRACTED SERVICES PROVIDER
OF STUDENT SUPPORT SERVICES HAS PROPERLY PERFORMED CHECKS ON ITS EMPLOY-
EES AS A PROVIDER OR PROVIDER AGENCY UNDER SECTION FOUR HUNDRED TWENTY-
FOUR-A OF THIS CHAPTER, THEN SUCH PROGRAM DOES NOT NEED TO RUN THE CHECK
ITSELF ON THE CONTRACTED SERVICE PROVIDER EMPLOYEES WORKING ON THEIR
SITE;
§ 13. This act shall take effect immediately; provided however that:
(a) the amendments to section 1125 of the education law made by section
one of this act shall take effect on the same date and in the same
manner as chapter 363 of the laws of 2018, takes effect; (b) the amend-
ments to paragraph (a-2) of subdivision 3 of section 2854 of the educa-
tion law made by section two of this act shall not affect the expiration
of such paragraph and shall expire and be deemed repealed therewith; (c)
the amendments to paragraph (d) of subdivision 30 of section 305 of the
education law made by section five of this act shall not affect the
repeal of such paragraph and shall be deemed repealed therewith; and (d)
the amendments to subdivision 3 of section 3035 of the education law
made by section eight 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 nine of this act shall take effect.