THE STATE EDUCATION
DEPARTMENT / THE UNIVERSITY OF THE STATE OF
OFFICE OF ELEMENTARY, MIDDLE, SECONDARY AND CONTINUING
EDUCATION
EXECUTIVE COORDINATOR FOR CURRICULUM AND INSTRUCTIONAL SUPPORT
(518) 474-8892; FAX: (518) 474-0319
http://www.emsc.nysed.gov/cis/home.html
July 11, 2007
To: District Superintendents of Schools
Superintendents
of Public, Charter, and
From: Howard J. Goldsmith
Subject: Safe Mentoring Act
The Office of Children and Family Services (OCFS) has advised us that there has been a change in New York State law, which allows certain mentoring programs to conduct criminal history background checks on prospective employees and/or mentors. The new law, Chapter 459 of the Laws of 2006, is entitled the Safe Mentoring Act. It became effective April 1, 2007. You can access the law at the following web site: http://www.ocfs.state.ny.us/main/mentor/safementoract.asp.
At the above referenced web site, you will also find a letter from OCFS which describes the procedures mentoring programs must follow to obtain approval to conduct criminal history background checks under the Act. The Act allows certain mentoring programs the option to conduct criminal history background checks through the Office and the Division of Criminal Justice Services (DCJS) on prospective employees and/or mentors who may engage in activities with youth that are unsupervised or in a setting without constant agency or parental oversight.
Note: the Act does not mandate that mentoring programs conduct any criminal history background checks. The decision to seek authorization to complete criminal history background checks is solely within the discretion of the educational agency/mentoring program. Therefore, we suggest that your agency (e.g., school attorney, school board) review the Act and materials at the above reference web site in regard to any program(s) your agency may operate or affiliate with (e.g., community-based, faith-based, work-based), and decide what course of action is appropriate for your agency.
If you have any further questions you should contact Gregory Owens, Director of Special Projects, at the Office of Children and Family Services, 518-473-7793.