NY Educ L § 3035 (2021)
2021 New York Laws EDN - Education Title 4 - Teachers and Pupils Article 61 - Teachers and Supervisory and Administrative Staff 3035 - Duties of Commissioner; Submission of Fingerprints.

§  3035.  Duties  of commissioner; submission of fingerprints.  1. The commissioner shall submit to the division of criminal  justice  services two  sets  of  fingerprints  of  prospective  employees  as  defined  in subdivision three of section eleven hundred twenty-five of this  chapter received  from a school district, charter school or board of cooperative educational  services  and  of  prospective  employees   received   from nonpublic and private elementary and secondary schools pursuant to title two  of  this  chapter,  and  the  division of criminal justice services processing fee imposed pursuant to subdivision eight-a of section  eight hundred  thirty-seven  of  the  executive law and any fee imposed by the federal bureau  of  investigation.  The  division  of  criminal  justice services  and  the  federal  bureau  of investigation shall forward such criminal history record to the commissioner in a timely manner. For  the purposes  of this section, the term "criminal history record" shall mean a record of all convictions of crimes and any pending  criminal  charges maintained on an individual by the division of criminal justice services and  the  federal  bureau  of  investigation.  All such criminal history records sent to the commissioner pursuant to this subdivision  shall  be confidential  pursuant  to  the applicable federal and state laws, rules and regulations, and shall not be published or in any way  disclosed  to persons other than the commissioner, unless otherwise authorized by law.   2.  No cause of action against the commissioner, the department or the division of  criminal  justice  services  for  damages  related  to  the dissemination of criminal history records pursuant to this section shall exist  when the commissioner, department or division of criminal justice services has reasonably and in good faith relied upon the  accuracy  and completeness   of  criminal  history  information  furnished  to  it  by qualified agencies. The provision of such information by the division of criminal  justice  services  shall  be  subject  to  the  provisions  of subdivision  sixteen  of section two hundred ninety-six of the executive law.  The  consideration  of  such  criminal  history  record   by   the commissioner   shall   be  subject  to  article  twenty-three-A  of  the correction law.   * 3. (a) Clearance. After receipt of a criminal  history  record  from the  division  of  criminal  justice  services and the federal bureau of investigation the commissioner shall  promptly  notify  the  appropriate school  district,  charter  school,  board  of  cooperative  educational services, or nonpublic or private elementary or secondary school whether the prospective employee to which such report  relates  is  cleared  for employment based upon his or her criminal history. All determinations to grant  or deny clearance for employment pursuant to this paragraph shall be performed in accordance  with  subdivision  sixteen  of  section  two hundred  ninety-six  of  the executive law and article twenty-three-A of the correction law. When the commissioner denies a prospective  employee clearance  for  employment,  such prospective employee shall be afforded notice and the right to be heard and offer proof in opposition  to  such determination in accordance with the regulations of the commissioner.  (b)  Conditional  clearance.  When the commissioner receives a request for a determination  on  the  conditional  clearance  of  a  prospective employee,  the  commissioner, after receipt of a criminal history record from the division of criminal justice services,  shall  promptly  notify the  prospective  employee  and the appropriate school district, charter school, board of  cooperative  educational  services,  or  nonpublic  or private  elementary or secondary school that the prospective employee to which such report relates is conditionally cleared for employment  based upon his or her criminal history or that more time is needed to make the determination.  If the commissioner determines that more time is needed, the notification shall include a good faith estimate of  the  amount  of  additional  time  needed. Such notification shall be made within fifteen business days after the commissioner receives the prospective employee's fingerprints. All determinations to grant or deny conditional  clearance for  employment  pursuant  to  this  paragraph  shall  be  performed  in accordance with subdivision sixteen of section two hundred ninety-six of the executive law and article twenty-three-A of the correction law.   * NB Effective until July 1, 2022   * 3. After receipt of a criminal history record from the  division  of criminal  justice  services  and the federal bureau of investigation the commissioner shall promptly  notify  the  appropriate  school  district, charter  school, board of cooperative educational services, or nonpublic or private  elementary  or  secondary  school  whether  the  prospective employee  to  which  such report relates is cleared for employment based upon his or her criminal history. All determinations to  grant  or  deny clearance for employment pursuant to this subdivision shall be performed in accordance with subdivision sixteen of section two hundred ninety-six of  the  executive law and article twenty-three-A of the correction law. When the  commissioner  denies  a  prospective  employee  clearance  for employment,  such  prospective employee shall be afforded notice and the right to be heard and offer proof in opposition to such determination in accordance with the regulations of the commissioner.   * NB Effective July 1, 2022   3-a. Upon request from a prospective employee who has been cleared  by the  commissioner  for employment and/or certification, the commissioner shall have the authority to forward a  copy  of  such  criminal  history record  to  the city school district of the city of New York by the most expeditious means available. Furthermore, upon  notification  that  such prospective employee is employed by the city school district of the city of  New  York,  the division of criminal justice services shall have the authority to provide subsequent criminal history notifications  directly to the city school district of the city of New York. Upon request from a prospective   employee   who  has  been  cleared  for  licensure  and/or employment by the city school district of the city  of  New  York,  such school  district  shall  have  the  authority  to  forward a copy of the prospective employee's criminal history record to the  commissioner,  by the  most expeditious means available, for the purposes of this section. Furthermore,  upon  notification  that  such  prospective  employee   is employed by a school district outside the city of New York, the division of  criminal  justice  services  shall  have  the  authority  to provide subsequent criminal history notifications directly to the commissioner.   4. The fee provisions of subdivision two  of  section  three  thousand four-b  of this chapter shall apply to criminal history records searches conducted   pursuant   to   this   section;   provided   however   that, notwithstanding the provisions of any other law: (a) the fees associated with  an  employee  participating  in  a  public  assistance  employment program, pursuant to title nine-B of article five of the social services law, or receiving employment  services  through  the  federal  temporary assistance  for needy families block grant pursuant to appropriations to the office of temporary disability assistance,  shall  be  paid  by  the social  services district making such employment placement or assignment and the cost of such fees, if not subject to  full  reimbursement  under such  federal  block grant, shall be deemed to be an employment services administrative expense. In no event shall such a  participant  described herein  be required to personally pay any fee imposed by the division of criminal justice services or the federal bureau of investigation or  any other  fee  for  the  purpose  of  conducting a criminal history records search; and (b) any prospective employee, including, notwithstanding any provision of law to the contrary, a prospective employee applying for  a  position  in  a  school  district within a city with a population of one million or more, may submit a request to a governing body  of  a  school district,  on  a  form  prescribed  by  the  commissioner, that the fees imposed  for conducting a criminal history records check be waived. Such governing  body  may  grant  such  a  request  if  such  governing  body determines  that  payment  of  such  a  fee would impose an unreasonable financial hardship on the applicant or his or her family and, upon  such determination,  the  governing  body shall pay such fee on behalf of the prospective employee to the appropriate authority.   5. The commissioner and the  division  of  criminal  justice  services shall  enter  into  an  agreement  for  the purposes of implementing the provisions of this section.   6. Nothing in this section shall be construed or interpreted to  alter or in any way diminish the integrity of collective bargaining agreements negotiated   between   an  employer  and  any  certified  or  authorized collective bargaining  agent,  with  respect  to  payment  of  fees  for criminal  history  records searches, nor to diminish any rights pursuant to such agreements.