Special Education

Justice Center Staff Exclusion List

May 2013

SPECIAL EDUCATION FIELD ADVISORY

TIMELY ACTION REQUIRED

To:

Directors of Approved 4410 Preschool Special Education Programs
Municipal Representatives
Executive Directors of In-State Approved Private Residential Schools
Superintendents, Special Act School Districts
Superintendents, State-Supported Schools
Superintendents, State-Operated Schools

From: James P. DeLorenzo  

Subject:  Justice Center Staff Exclusion List - PDF PDF document (160 KB)

The purpose of this memorandum is to inform you of a new requirement under Chapter 501 of the Laws of 2012: “Protection of People with Special Needs Act” and to request that you complete the attached form not later than May 31, 2013.  The law requires the newly established Justice Center to maintain a register of subjects of reports who have been found to have a substantiated category one case of abuse or neglect, also known as the “Staff Exclusion List” (SEL), who are deemed ineligible to work in a position involving regular and substantial contact with a service recipient. 

Pursuant to Chapter 501, as of June 30, 2013, all approved in-State residential schools (i.e., the New York State School for the Blind, the New York State School for the Deaf, State-supported schools which have a residential component, special act school districts, and approved private residential schools) will be required to first check the SEL before determining whether to hire or otherwise allow any person as an employee, administrator, consultant, intern, volunteer or contractor who will have the potential for regular and substantial contact with a service recipient or before approving an applicant for a license, certificate, permit or other approval to provide care to a service  recipient.  The Justice Center will conduct this check upon the request of a person authorized by the provider.  If an applicant is listed on the SEL, consistent with applicable collective bargaining agreements, the provider will be prohibited from hiring such person to have regular and substantial contact with a service recipient in any such facility or program.  If the applicant is not on the SEL, providers must make an inquiry through the State Central Register (SCR) of Child Abuse and Maltreatment in accordance with section 424-a of the Social Services Law.  The Justice Center has issued a ‘Dear Colleague Letter,’ which is attached to this memorandum, to provide guidance to residential schools on the law’s requirements relating to the SEL. 

In addition to the above requirements relating to residential schools, all approved preschool special education programs and all municipalities that contract for related services pursuant to section 4410 of the Education Law must complete the SEL form and establish procedures, after June 30, 2013, to check both the SEL and SCR.  (The requirement to check the SCR is not new).  If an applicant is listed on the SEL, the provider must determine whether to hire or allow such person to have regular or substantial contact in accordance with the provisions of section 424-a(5) of the Social Services Law.

In order to have their system operational on June 30, 2013, the Justice Center is asking each provider and program that is required to conduct a check of the SEL to designate an authorized person who will be permitted to request such check on behalf of the provider agency using the attached “Authorized Person Designation/Notarized Sworn Statement Form”.  Please note that out-of-State residential schools should NOT complete this information.  When completed, this form should be submitted to the Justice Center by fax to 518-549-0464 or email to cbc@JusticeCenter.ny.gov as soon as possible, but not later than May 31, 2013. 

For additional information regarding the SEL and provider responsibilities under Chapter 501, please see the attached letter from the Justice Center Project Team.  Additional information about the provisions of section 424-a is available in the Department’s May 2011 field memorandum Statewide Central Register of Abuse and Maltreatment (SCR) – Online Clearance System available at http://www.p12.nysed.gov/specialed/publications/SCR-clearance.

We appreciate your attention to this matter and your cooperation in providing the requested information to the Justice Center to ensure the health and safety of the students you serve.  Questions regarding this should be directed to Deirdre Keating, Justice Center Project Team at (518) 549-0247 or by email to deirdre.keating@cqc.ny.gov.

Attachments

Dear Colleague Letter - PDF PDF document (31 KB)

Authorized Person Designation/Notarized Sworn Statement Form - PDF PDF document (62 KB)

 

Last Updated: July 9, 2013