NY Educ L § 652-A (2021)
2021 New York Laws EDN - Education Title 1 - General Provisions Article 14 - New York State Higher Education Services Corporation Part 1 - Corporate Structure 652-A - Employees of the New York State Higher Education Services Corporation; Background Checks.

§  652-a.  Employees  of  the New York state higher education services   corporation; background checks. 1. Current and prospective employees  of   the  corporation  shall  be subject to background and security clearance   investigations required in the  ordinary  course  of  the  corporation's   business if background and security clearance are necessary for employee   participation or proposed participation in the administration of federal   student  loans  or  other federal programs under the federal direct loan   program.2. Such  background  or  security  clearance  investigation  shall  be   performed  by the corporation or on behalf of the corporation by a state   or federal government agency authorized to perform such  investigations.   The  corporation  shall  be  authorized  to request and receive from the   division of criminal  justice  services  or  federal  government  agency   having  facilities  for  performing  such  services:  security clearance   information, including criminal background and  credit  information  for   corporation  employees, New York state employees seeking transfer to the   corporation under section seventy of the civil  service  law,  New  York   state  employees  seeking hire at the corporation who are on a preferred   list subject to section eighty-one of the civil service law, or New York   state employees seeking hire at the corporation through their  place  on   an  eligible  list  as defined in section fifty-six of the civil service   law and who have successfully completed a promotional  exam  subject  to   section  fifty-two of the civil service law if such security information   is  necessary  for  the  employees  to  be  in   compliance   with   the   administration  of federal student loans or other federal programs under   the federal direct loan program. The corporation shall  inform  subjects   of background and security clearance investigations of the factors to be   considered  in the evaluation of the criminal background information and   credit information obtained.3. If  an  employee  or  prospective  employee  needs  background  and   security  clearance  in order to be compliant with the administration of   federal student loans or other federal programs under the federal direct   loan program, the corporation shall be authorized  to  require  such  an   employee  or  prospective employee to submit to the corporation or other   state  or  federal  government  agency  authorized   to   perform   such   investigations    identifying    information,    which   shall   include   fingerprints, personal information, or other authorizations, required by   the corporation or the division of criminal justice services or  federal   government   agency  authorized  to  perform  such  investigations.  The   fingerprints so obtained shall be forthwith forwarded to the division of   criminal justice services for a state criminal history record check, and   the federal bureau of investigation or other federal  government  agency   having  facilities  for  conducting  a  national criminal history record   check, for the purposes of determining whether or not  criminal  charges   are  pending  against the employee or prospective employee or whether or   not the employee or prospective employee had previously  been  convicted   of  a  crime,  and  such  agency  shall report a finding of such pending   charges and previous convictions, if any, to the corporation in  writing   or  by  electronic  means  or  any  other  method  agreed  upon  by  the   corporation and the agency. All such criminal history records  or  other   background information received by the corporation shall be confidential   pursuant  to  applicable  federal and state laws, rules and regulations,   and shall not be published or in  any  way  disclosed  except  to  those   employees  of the corporation responsible for evaluating the information   obtained or upon  the  request  of  federal  officials  responsible  for   administration  of  a  federal  student loan program. All determinations   made pursuant to this section shall be in accordance with the provisions   of  subdivision  sixteen  of  section  two  hundred  ninety-six  of  the    executive  law  and  article twenty-three-A of the correction law unless   such provisions are in direct conflict with federal law or federal  loan   program  requirements.  The corporation shall provide the subject of the   criminal  history  check  or  checks with a copy of any criminal history   record together with a copy of article twenty-three-A of the  correction   law  and inform such applicant of his or her right to seek correction of   any incorrect information contained in such record.  The  subject  shall   have the right to seek correction of any incorrect information contained   in  such  records  pursuant  to  applicable  state  and federal laws and   regulations.  The  corporation  shall  be  responsible  for   any   fees   associated  with background and security checks required by this section   for current employees.