NY Educ L § 3004-B (2021)
2021 New York Laws EDN - Education Title 4 - Teachers and Pupils Article 61 - Teachers and Supervisory and Administrative Staff 3004-B - Special Procedures for Certification.

§ 3004-b. Special procedures for certification.  * 1. Criminal history   records  search.  Upon  receipt of an application for certification as a   superintendent  of  schools,  teacher,  administrator   or   supervisor,   teaching  assistant  or  school personnel required to hold a teaching or   administrative license or certificate, the commissioner  shall,  subject   to  the  rules  and  regulations  of  the  division  of criminal justice   services, initiate a criminal  history  records  search  of  the  person   making  application,  except  that  nothing  in  this  section  shall be   construed to require a criminal history record check  of  an  individual   who  holds a valid provisional certificate on the effective date of this   section and applies for permanent certification in the same  certificate   title,  or of an individual who applies for a temporary license to serve   in the city school district of the city of New York and has been cleared   for licensure and/or employment by such city school district pursuant to   subdivision twenty of  section  twenty-five  hundred  ninety-h  of  this   chapter.   Prior   to   initiating   the   fingerprinting  process,  the   commissioner shall furnish the applicant  with  the  form  described  in   paragraph  (c)  of  subdivision  thirty of section three hundred five of   this chapter and shall obtain the applicant's consent  to  the  criminal   history   records  search.  The  commissioner  shall  obtain  from  each   applicant two sets of fingerprints 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 commissioner shall   promptly transmit such fingerprints and fees to the division of criminal   justice services for its full search and retain processing. The division   of criminal justice services is authorized to  submit  the  fingerprints   and  the  appropriate  fee  to the federal bureau of investigation for a   national criminal history record check. 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. In addition, upon request from   an applicant who  has  applied  for  employment  with  the  city  school   district  of  the  city  of  New  York,  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  applicant   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 an  applicant   who has already 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 applicant's criminal history   record to the commissioner, by the most expeditious means available, for   the purposes of this section. Furthermore, upon notification  that  such   applicant  has been certified, the division of criminal justice services   shall  have  the  authority  to  provide  subsequent  criminal   history   notifications  directly  to  the commissioner. All such criminal history   records processed  and  sent  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.   No  cause  of  action against the department or the division of criminal   justice services for damages related to the  dissemination  of  criminal    history  records  pursuant  to  this  subdivision  shall  exist when the   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  criminal  history  record  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 commissioner   shall  consider  such  criminal  history  record  pursuant  to   article   twenty-three-A of the correction law.* NB Effective until July 1, 2022* 1.  Criminal  history records search. Upon receipt of an application   for certification as a superintendent of schools, teacher, administrator   or supervisor, teaching assistant or school personnel required to hold a   teaching or administrative  license  or  certificate,  the  commissioner   shall,  subject to the rules and regulations of the division of criminal   justice services, initiate a criminal  history  records  search  of  the   person  making  application.  Prior  to  initiating  the  fingerprinting   process, the commissioner shall furnish  the  applicant  with  the  form   described  in  paragraph  (c)  of  subdivision  thirty  of section three   hundred five of this chapter and shall obtain the applicant's consent to   the criminal history records search. The commissioner shall obtain  from   each  applicant  two  sets  of fingerprints 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  commissioner  shall   promptly transmit such fingerprints and fees to the division of criminal   justice services for its full search and retain processing. The division   of  criminal  justice  services is authorized to submit the fingerprints   and the appropriate fee to the federal bureau  of  investigation  for  a   national criminal history record check. 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. In addition, upon request  from   an  applicant  who  has  applied  for  employment  with  the city school   district of the city of  New  York,  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  applicant  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 an applicant   who has already 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  applicant's  criminal  history   record to the commissioner, by the most expeditious means available, for   the  purposes  of this section. Furthermore, upon notification that such   applicant has been certified, the division of criminal justice  services   shall   have  the  authority  to  provide  subsequent  criminal  history   notifications directly to the commissioner. All  such  criminal  history   records  processed  and  sent  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.   No cause of action against the department or the  division  of  criminal    justice  services  for  damages related to the dissemination of criminal   history records pursuant  to  this  subdivision  shall  exist  when  the   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 criminal history record 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  commissioner   shall   consider  such  criminal  history  record  pursuant  to  article   twenty-three-A of the correction law.* NB Effective July 1, 20222. Fees. Notwithstanding any other provision of law to  the  contrary,   the  commissioner  is authorized to charge additional fees to applicants   for teaching or administrative licenses or  certificates  in  an  amount   equal  to  the  fees  established  pursuant  to  law  by the division of   criminal justice services and the federal bureau  of  investigation  for   the searches mandated by this section.