New York A 8902: Relates to fingerprinting and background checks of contracted service providers of student support services

Bill Text

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A08902 Summary:

BILL NOA08902 

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SAME ASSAME AS S08425

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SPONSORRosenthal

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COSPNSR

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MLTSPNSR

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Amd §§1125, 2854, 305 & 3035, Ed L; amd §§424-a & 390-a, Soc Serv L

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Relates to the fingerprinting and background checks of providers of contract services to covered schools.

Go to top A08902 Actions:

BILL NOA08902 

&nbsp

06/16/2025referred to education

01/07/2026referred to education

Go to topA08902 Committee&nbspVotes:

Go to topA08902 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topA08902 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 8902

 2025-2026 Regular Sessions

 IN ASSEMBLY

 June 16, 2025
 ___________

 Introduced by M. of A. ROSENTHAL -- 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 providers of contract
 services to covered schools

 The People of the State of New York, represented in Senate and Assem-
 bly, do enact as follows:

 1 Section 1. Subdivision 3 of section 1125 of the education law, as
 2 amended by chapter 363 of the laws of 2018, is amended to read as
 3 follows:
 4 3. "Employee" shall mean any person: (i) who is receiving compensation
 5 from a school or (ii) whose duties involve direct student contact and
 6 (a) who is receiving compensation from any person or entity that
 7 contracts with a school to provide transportation services to children,
 8 or (b) who is an employee of a contracted service provider or worker
 9 placed within the school under a public assistance employment program,
 10 pursuant to title nine-B of article five of the social services law, or
 11 (c) who is receiving compensation from any person or entity that
 12 contracts with a school to provide student support services, and
 13 consistent with the provisions of such title for the provision of
 14 services to such school, its students or employees, directly or through
 15 contract.
 16 § 2. Paragraph (a-2) of subdivision 3 of section 2854 of the education
 17 law is amended by adding a new subparagraph (v) to read as follows:
 18 (v) (1) Notwithstanding anything to the contrary in this section, if a
 19 school district, charter school, board of cooperative educational
 20 services, or non-public and private elementary or secondary school has
 21 engaged a contracted service provider of student support services, they
 22 may opt to allow the contracted service provider to oversee the finger-
 23 printing process of the contracted service provider's employees.

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD01580-03-5

 A. 8902 2

 1 (2) Any school district, charter school, board of cooperative educa-
 2 tional services, or non-public and private elementary or secondary
 3 school that opts in shall not be required to oversee the fingerprinting
 4 process for employees of a contracted service provider of student
 5 support services such as, but not limited to, substitute teachers,
 6 substitute teacher aides, substitute nurses, educational consultants,
 7 tutors, substitute school administrative support and other temporary
 8 student services professionals, so long as they have engaged a
 9 contracted service provider of student support services who has complied
 10 with the fingerprinting requirements elsewhere in this chapter.
 11 § 3. Paragraph (a) of subdivision 30 of section 305 of the education
 12 law, as amended by chapter 630 of the laws of 2006, is amended to read
 13 as follows:
 14 (a) The commissioner, in cooperation with the division of criminal
 15 justice services and in accordance with all applicable provisions of
 16 law, shall promulgate rules and regulations to require the fingerprint-
 17 ing of prospective employees, as defined in section eleven hundred twen-
 18 ty-five of this chapter, of school districts, charter schools [and],
 19 boards of cooperative educational services and providers of contract
 20 services to covered schools as such term is defined by 8 NYCRR 87.2(e)
 21 and authorizing the fingerprinting of prospective employe