Fingerprinting

CHAPTER 621 of the LAWS of 2003

AN ACT to amend the education law, in relation to implementation of the No Child Left Behind Act of 2001

Became a law September 30, 2003, with the approval of the Governor. Passed by a majority vote, three-fifths being present.

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

Section 1. Subdivision 33 of section 305 of the education law, as added by chapter 425 of the laws of 2002, is amended to read as follows: 

33.
a. The commissioner shall establish procedures for the approval of providers of supplemental educational services in accordance with the provisions of subsection (e) of section one thousand one hundred sixteen of the No Child Left Behind Act of 2001 and shall adopt regulations to implement such procedures. Notwithstanding any other provision of state or local law, rule or regulation to the contrary, any local educational agency that receives federal funds pursuant to title I of the Elementary and Secondary Education Act of nineteen hundred sixty-five, as amended, shall be authorized to contract with the approved provider selected by a student's parent, as such term is defined in subsection thirty-one of section nine thousand one hundred one of the No Child Left Behind Act of 2001, for the provision of supplemental educational services to the extent required under such section one thousand one hundred sixteen.  Eligible approved providers shall include, but not be limited to, public schools, BOCES, institutions of higher education, and community based organizations.

b. Notwithstanding any other provision of law to the contrary, for purposes of article twenty-three-B of this chapter and for purposes of a criminal history record check pursuant to section three thousand thirty-five or subdivision twenty of section twenty-five hundred ninety-h of this chapter, any individual who is employed by or associated with a supplemental educational services provider approved by the commissioner other than a school district, board of cooperative educational services or charter school, and who will provide supplemental educational services through direct contact with eligible children shall be deemed to be an employee of the school district in which he or she provides such services for purposes of article twenty-three-B of this chapter and shall be deemed to be a prospective employee of each school district in which such provider is authorized to provide services and shall be required to be fingerprinted pursuant to section three thousand thirty-five or subdivision twenty of section twenty-five hundred ninety-h of this chapter, regardless of the location in which such services are delivered.

ยง 2. This act shall take effect immediately; provided, however, that the amendments to subdivision 33 of section 305 of the education law made by section one of this act shall not affect the expiration of such subdivision and shall be deemed to expire therewith.

EXPLANATION--Matter in italics is new; matter in brackets [ ] is old law
to be omitted.

Last Updated: August 9, 2009