New York Senate Bill S03081 Latest Draft

   
  STATE OF NEW YORK ________________________________________________________________________ 3081 2023-2024 Regular Sessions  IN SENATE January 27, 2023 ___________ 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: 1 Section 1. The education law is amended by adding a new section 3001-e 2 to read as follows: 3 § 3001-e. Pre-employment investigation of personnel employed in school 4 districts. 1. Every school district shall conduct a pre-employment back- 5 ground investigation for all personnel employed in the district. 6 2. Each district, in cooperation with the division of criminal justice 7 services, shall promulgate regulations requiring all personnel employed 8 in such school district to submit to mandatory background questionnaires 9 and to such other tests for the presence of controlled substances or 10 communicable diseases as shall be determined to be necessary and proper. 11 3. Every person, as a condition of employment in a school district, 12 shall complete a background questionnaire, submit to such other tests 13 for the presence of controlled substances or communicable diseases as 14 shall be determined to be necessary and proper and sign a declaration 15 under penalty of perjury regarding any prior criminal convictions. 16 4. No school district employee shall be assigned to work involving the 17 care, custody or supervision of a child if it is determined that such 18 person has tested positive for the presence of a controlled substance or 19 communicable disease. 20 5. For purposes of this section, "communicable disease" shall mean any 21 disease that the commissioner of health, in the reasonable exercise of 22 his or her medical judgement, determines to be communicable, rapidly 23 emergent or a significant threat to public health. The list of desig- 24 nated communicable diseases is in section 2.1 of title ten of the New 25 York codes, rules and regulations. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD07496-01-3 
 S. 3081 2 1 § 2. Subdivision 20 of section 2590-h of the education law, as amended 2 by chapter 345 of the laws of 2009, is amended to read as follows: 3 20. Ensure compliance with qualifications established for all person- 4 nel employed in the city district, including the taking of fingerprints, 5 background questionnaires and submission to such other tests for the 6 presence of controlled substances or communicable diseases as shall be 7 determined to be necessary and proper as a prerequisite for licensure 8 and/or employment of such personnel. Every set of fingerprints taken 9 pursuant to this subdivision shall be promptly submitted to the division 10 of criminal justice services where it shall be appropriately processed. 11 Furthermore, the division of criminal justice services is authorized to 12 submit the fingerprints to the federal bureau of investigation for a 13 national criminal history record check. 14 § 3. Subdivision 20 of section 2590-h of the education law, as amended 15 by chapter 100 of the laws of 2003, is amended to read as follows: 16 20. Ensure compliance with qualifications established for all person- 17 nel employed in the city district, including the taking of fingerprints, 18 background questionnaires and submission to such other tests for the 19 presence of controlled substances or communicable diseases as shall be 20 determined to be necessary and proper as a prerequisite for licensure 21 and/or employment of such personnel. Every set of fingerprints taken 22 pursuant to this subdivision shall be promptly submitted to the division 23 of criminal justice services where it shall be appropriately processed. 24 Furthermore, the division of criminal justice services is authorized to 25 submit the fingerprints to the federal bureau of investigation for a 26 national criminal history record check. 27 § 4. This act shall take effect on the ninetieth day after it shall 28 have become a law; provided, however, that the amendments to subdivision 29 20 of section 2590-h of the education law, made by section two of this 30 act, shall not affect the expiration and reversion of such section and 31 shall expire therewith, when upon such date section three of this act 32 shall take effect. Effective immediately, the addition, amendment 33 and/or repeal of any rule or regulation necessary for the implementation 34 of this act on its effective date are authorized to be made and 35 completed on or before such date.