S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4357
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                              March 11, 2019
                                ___________
 
 Introduced  by  Sens.  STAVISKY, AMEDORE, RANZENHOFER, SAVINO, SEWARD --
   read twice and ordered printed, and when printed to  be  committed  to
   the Committee on Children and Families
 
 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-
 ER  OF  STUDENT SUPPORT SERVICES SUCH AS, BUT NOT LIMITED TO, SUBSTITUTE
 TEACHERS,  SUBSTITUTE  TEACHER  AIDES,  SUBSTITUTE  NURSES,  EDUCATIONAL
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD07679-01-9

 S. 4357                             2
 
 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:
   §  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:

 S. 4357                             3
 
   (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
 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

 S. 4357                             4
 
 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
 commissioner denies a prospective  employee  clearance  for  employment,
 such  prospective  employee shall be afforded notice and the right to be

 S. 4357                             5
 
 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
 goods and services and staff of such providers, consultants, interns and
 volunteers.

 S. 4357                             6
 
   §  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.