NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A6931
SPONSOR: Nolan TITLE OF BILL: An act to amend the education law, in relation to
requiring the fingerprinting of prospective employees of approved
private special education schools, phasing-in a requirement that all
fingerprints submitted by prospective employees and applicants for
certification be electronically 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 condi-
tional appointment of school district, charter school or BOCES employ-
ees, in relation to making permanent certain provisions relating to
conditional 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 effectiveness
thereof; and to repeal section 4 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 community boards, relating thereto
PURPOSE OR GENERAL IDEA OF BILL:
This legislation will, among other things, conform and unify current and
prospective fingerprinting practices of applicants seeking employment at
school districts, special education schools, BOCES, certain non-public
schools, and charter schools by streamlining such processes, signif-
icantly hindering instances of fraud, and taking measures to make it
easier for law enforcement to hold someone accountable in an instance of
a fraud.
SUMMARY OF PROVISIONS:
Section 1: Section 1 amends paragraphs (a) and (b) of subdivision 30 of
section 305 of the education law, para- graph (a) and the opening para-
graph and subparagraph (i) of paragraph (b) as amended by chapter 630 of
the laws of 2006, paragraph (b) as amended by chapter 180 of the laws of
2000, so as to include special education schools, as well as to provide
that prospective employees, including those from out of state, are fing-
erprinting electronically in a manner as prescribed by the commissioner
in cooperation with the division of criminal justice services ("DCJS").
Such applicant will have to also provide a photograph and verification
of their identity. All prospective employees shall sign an attestation
that at the time of the fingerprinting, he or she presented two forms of
proper ID (with at least one providing a photograph) and that he or she
submitted his or her own fingerprints in support of the criminal history
background check. The department shall retain such attestation as a
business record. Also Sections 17 and 18. Sections 2,3,4,5 and 6 amend
extend provisions of Section 1 to special education. Section 7 includes
superintendents and Section 8 includes school administrators. Sections
9, 10, 11, 13, 14 and 15 provide that prospective employees, including
those from out of state, are fingerprinting electronically in a manner
as prescribed by the commissioner in cooperation with the DCJS. Such
applicant will have to also provide a photograph and verification of
their identity. All prospective employees shall sign an attestation that
at the time of the fingerprinting, he or she presented two forms of
proper ID (with at least one providing a photograph) and that he or she
submitted his or her own fingerprints insupport of the criminal history
background check. The department shall retain such attestation as a
business record. Section 12 removes the requirement of BOCES to process
the fingerprints of nonpublic school employees who choose to fingerprint
their prospective employees.Sections 16 and 16-a extend fingerprinting
provisions to personnel employed by a special education school that
contracts with the city of New York. Section 19 amends 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, by including a
felony crime involving the submission of false information or the
commission of fraud related to a criminal history check as a means for
an expedited removal process. Section 20 amends subdivision 1 of section
3035 of the education law, as amended by chapter 630 of the laws of
2006, by allowing the commissioner to submit one set of fingerprints to
DCJS as well as including special education schools Outside of the city
of New York. Section 21 amends 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, by adding special education schools and that for due
process proceedings pending from a denial of employment by the commis-
sioner, prospective employees of state schools created pursuant to arti-
cle eighty-seven and eighty-eight of the education law shall be pursuant
to section fifty of the civil service law. Sections 22, 23, 24,25, 26
and 27 apply this act's provisions about fingerprinting to prospective
employees of schools for the blind and deaf. Sections 28 and 29 apply
this act's provisions about fingerprinting to prospective employees of
private residential and non-residential schools. Section 30 applies this
act's provisions about fingerprinting to prospective employees at
preschool special education programs. Section 31 amends 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, by making such provisions permanent.Section 32 authorizes the
commissioner is authorized to promulgate any regulations needed to
implement the provisions of this act. Sections 33 and 34 remove
provisions of law relating to the reorganization of the New York City
School Construction Authority, board of education and community boards.
Section 35 sets the effective dates.
DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION (IF APPLICABLE):
N/A
JUSTIFICATION:
The State Education Department (SED) is in the process of transitioning
to a statewide electronic fingerprinting database, used by several state
agencies and-managed by the Division of Criminal Justice Services
(DCJS), for prospective employees of school districts, special education
schools, charter schools, private schools (should those schools choose
to fingerprint their employees), and BOCES. This legislation would,
among other things, include special education schools under the auspices
of electronic fingerprinting; ensure that out of state prospective
employees are under the requirements of electronic fingerprinting; and
that a formalized process is adhered to so as to significantly diminish
the possibility of a person who has a criminal history from gaining
employment in a school, while also providing law enforcement with great-
er flexibility in bringing a person to justice if such person commits a
fraud. It is imperative that the State takes all measures to ensure that
a person with a criminal history does not have an opportunity to work in
our schools, in particular, amongst our children. This legislation would
make significant strides in ensuring our schools are protected and that
uniform measures are implem ented throughout the State.
PRIOR LEGISLATIVE HISTORY:
A.9945 of 2014,
A.6600 of 2015,
A.6600-A of 2016
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
None
EFFECTIVE DATE:
This act shall take effect on July 1, 2018; provided that: (a) section
31 shall take effect immediately; (b) the provisions sections "1, 2, 3,
4, 18, 19, 20, 22, 23, 24, 25, 26, 27, and 28 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 preschool
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 16 of this act shall
be subject to the expiration 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 16-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 15 of this act
shall not affect the expiration of such subdivision and shall be deemed
expired therewith.
