NY State Senate Bill 2019-S1123

Senate Bill S1123

2019-2020 Legislative Session

Requires investigation of school district personnel involved with the care, custody or supervision of a child

download bill text pdf

Archive: Last Bill Status - In Senate Committee Education Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2020	referred to education
Jan 11, 2019	referred to education

2019-S1123 (ACTIVE) - Details

Current Committee:: Senate Education
Law Section:: Education Law
Laws Affected:: Add §3001-e, amd §2590-h, Ed L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S516
2011-2012: S3545
2013-2014: S2302
2015-2016: S4575
2017-2018: S6148
2021-2022: S4566
2023-2024: S3081

2019-S1123 (ACTIVE) - Summary

Requires pre-employment investigation of school district personnel to determine criminal history or the presence of controlled substances or communicable diseases; requires submission to fingerprinting and other tests.

2019-S1123 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S1123

SPONSOR: LANZA
 
TITLE OF BILL:

An act to amend the education law, in relation to pre-employment inves-
tigations for personnel employed in school districts

 
PURPOSE:

This legislation requires the investigation of school district personnel
involved with the care, custody or supervision of a child.

 
SUMMARY OF PROVISIONS:

Section 1. The education law is amended by adding a new section 3001-e.

Section 2. Subdivision 20 of section 2590-h of the education law is
amended by chapter 100 of the law of 2003. Section 4. This act shall
take effect on the ninetieth day after it shall have become a law;
provided however, that any rules and regulations necessary to implement

the provisions of the act shall be promulgated on or before its effec-
tive date.

 
JUSTIFICATION:

The legislature recognizes the necessity that any person who is employed
or assigned to work as part of the workfare program involving the care
and custody or supervision of a child shall be investigated as to his or
her qualifications, use of a controlled substance and be free of commu-
nicable diseases. Since the federal government passed legislation
concerning workfare for welfare recipients, there has been concern by
parents of children that there be some standards established concerning
workfare persons assigned to work involving the care, custody or super-
vision of children in various programs. These areas of concern are in
the areas of competence, health, safety, and security for the children.
The provisions of the bill are meant to ease the parental concerns.

 
LEGISLATIVE HISTORY:

2018: S.6148 - Referred to Education
2017: S.6148 - Referred to Education
2016: S.4575 - Referred to Education
2015: S.4575 - Referred to Education
2014: S.2302 - Referred to Education/A.4953 - Referred to Education
2013: S.2302 - Referred to Education/A.4953 - Referred to Education
2012: S.3545 - Referred to Education/A.7352 - Referred to Education
2011: S.3545 - Referred to Education/A.7352 - Referred to Education
2010: S.516 - Referred to Education/A.2542 - Referred to Education
2009: S.516 - Referred to Education/A.2542 - Referred to Education
2008: S.5548 - Referred to Education/A.10871 - Referred to Education
2007: S.5548 - Referred to Education
2006: S.4007 - Referred to Education
2005: S.1462 - Referred to Education

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect on the ninetieth day after it shall have
become a law; provided however, that any rules and regulations necessary
to implement the provisions of the act shall be promulgated on or before
its effective date.

2019-S1123 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1123
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             January 11, 2019
                                ___________
 
 Introduced  by  Sen.  LANZA  -- read twice and ordered printed, and when
   printed to be committed to the Committee on Education
 
 AN ACT to amend the education law, in relation to pre-employment  inves-
   tigations for personnel employed in school districts
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The education law is amended by adding a new section 3001-e
 to read as follows:
   § 3001-E. PRE-EMPLOYMENT INVESTIGATION OF PERSONNEL EMPLOYED IN SCHOOL
 DISTRICTS. 1. EVERY SCHOOL DISTRICT SHALL CONDUCT A PRE-EMPLOYMENT BACK-
 GROUND INVESTIGATION FOR ALL PERSONNEL EMPLOYED IN THE DISTRICT.
   2. EACH DISTRICT, IN COOPERATION WITH THE DIVISION OF CRIMINAL JUSTICE
 SERVICES, SHALL PROMULGATE REGULATIONS REQUIRING ALL PERSONNEL  EMPLOYED
 IN SUCH SCHOOL DISTRICT TO SUBMIT TO MANDATORY BACKGROUND QUESTIONNAIRES
 AND  TO  SUCH  OTHER  TESTS FOR THE PRESENCE OF CONTROLLED SUBSTANCES OR
 COMMUNICABLE DISEASES AS SHALL BE DETERMINED TO BE NECESSARY AND PROPER.
   3. EVERY PERSON, AS A CONDITION OF EMPLOYMENT IN  A  SCHOOL  DISTRICT,
 SHALL  COMPLETE  A  BACKGROUND QUESTIONNAIRE, SUBMIT TO SUCH OTHER TESTS
 FOR THE PRESENCE OF CONTROLLED SUBSTANCES OR  COMMUNICABLE  DISEASES  AS
 SHALL  BE  DETERMINED  TO BE NECESSARY AND PROPER AND SIGN A DECLARATION
 UNDER PENALTY OF PERJURY REGARDING ANY PRIOR CRIMINAL CONVICTIONS.
   4. NO SCHOOL DISTRICT EMPLOYEE SHALL BE ASSIGNED TO WORK INVOLVING THE
 CARE, CUSTODY OR SUPERVISION OF A CHILD IF IT IS  DETERMINED  THAT  SUCH
 PERSON HAS TESTED POSITIVE FOR THE PRESENCE OF A CONTROLLED SUBSTANCE OR
 COMMUNICABLE DISEASE.
   5. FOR PURPOSES OF THIS SECTION, "COMMUNICABLE DISEASE" SHALL MEAN ANY
 DISEASE  THAT  THE COMMISSIONER OF HEALTH, IN THE REASONABLE EXERCISE OF
 HIS OR HER MEDICAL JUDGEMENT, DETERMINES  TO  BE  COMMUNICABLE,  RAPIDLY
 EMERGENT  OR  A  SIGNIFICANT THREAT TO PUBLIC HEALTH. THE LIST OF DESIG-
 NATED COMMUNICABLE DISEASES IS IN SECTION 2.1 OF TITLE TEN  OF  THE  NEW
 YORK CODES, RULES AND REGULATIONS.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD06654-01-9

 S. 1123                             2
 
   § 2. 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,
 BACKGROUND QUESTIONNAIRES AND SUBMISSION TO SUCH  OTHER  TESTS  FOR  THE
 PRESENCE  OF  CONTROLLED SUBSTANCES OR COMMUNICABLE DISEASES AS SHALL BE
 DETERMINED TO BE NECESSARY AND PROPER as a  prerequisite  for  licensure
 and/or  employment  of  such  personnel. 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.
   § 3. 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,
 BACKGROUND QUESTIONNAIRES AND SUBMISSION TO SUCH  OTHER  TESTS  FOR  THE
 PRESENCE  OF  CONTROLLED SUBSTANCES OR COMMUNICABLE DISEASES AS SHALL BE
 DETERMINED TO BE NECESSARY AND PROPER as a  prerequisite  for  licensure
 and/or  employment  of  such  personnel. 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.
   §  4.  This  act shall take effect on the ninetieth day after it shall
 have become a law; provided, however, that the amendments to subdivision
 20 of section 2590-h of the education law, made by section two  of  this
 act,  shall  not affect the expiration and reversion of such section and
 shall expire therewith, when upon such date section three  of  this  act
 shall  take  effect.    Effective  immediately,  the addition, amendment
 and/or repeal of any rule or regulation necessary for the implementation
 of this act on  its  effective  date  are  authorized  to  be  made  and
 completed on or before such date.

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