2023 New York Laws › EDN - Education › Title 4 - Teachers and Pupils › Article 61 - Teachers and Supervisory and Administrative Staff › 3001-D - Criminal History Record Checks and Conditional Appointments; Nonpublic and Private Schools.

§ 3001-d. Criminal history record checks and conditional appointments;
nonpublic   and  private  schools.  1.  a.  "Employee"  shall  mean  any
prospective employee of a nonpublic or private elementary  or  secondary
school  which  requires  the  fingerprinting  of  prospective  employees
pursuant to this section, or employee of a contracted  service  provider
or worker placed within such school under a public assistance employment
program, pursuant to title nine-B of article five of the social services
law,  and consistent with the provisions of such title for the provision
of services to such school,  its  students  or  employees,  directly  or
through contract, whereby such services performed by such person involve
direct student contact. Any nonpublic or private elementary or secondary
school  which  elects  to submit for review criminal history information
concerning prospective employees must do so with respect  to  each  such
prospective  employee,  as defined in this paragraph, in accordance with
this section.
b. "Volunteer" shall mean any person,  other  than  an  employee,  who
provides  services  to  a  nonpublic  or private elementary or secondary
school  which  elects  to  require  the  fingerprinting  of  prospective
employees  pursuant  to  this  section,  which  involve  direct  student
contact.
2. Any  nonpublic  or  private  elementary  or  secondary  school  may
require,  for  the  purposes  of  a  criminal  history record check, the
fingerprinting of all prospective employees pursuant  to  section  three
thousand  thirty-five  of  this article, who do not hold valid clearance
pursuant to such section or pursuant to section three thousand four-b of
this  article  or  section  five  hundred  nine-cc  or  twelve   hundred
twenty-nine-d  of  the  vehicle and traffic law. Prior to initiating the
fingerprinting process,  the  prospective  employer  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 record search. Every set  of
fingerprints  taken pursuant to this section shall be promptly submitted
to the commissioner for the purposes of clearance for employment.
3. (a) Any nonpublic or private elementary  or  secondary  school  may
conditionally  appoint a prospective employee. A request for conditional
clearance  may  be  forwarded  to  the  commissioner  along   with   the
prospective  employee's  fingerprints.  Such  appointment may be delayed
until notification by the commissioner that the prospective employee has
been conditionally cleared for employment and shall terminate  when  the
prospective  employer is notified of a determination by the commissioner
to grant or deny clearance, provided that if clearance is  granted,  the
appointment  shall continue and the conditional status shall be removed.
Prior to commencement of such conditional appointment,  the  prospective
employer  shall  obtain  a  signed statement for conditional appointment
from the prospective employee, indicating whether, to the best of his or
her knowledge, he or she has  a  pending  criminal  charge  or  criminal
conviction in any jurisdiction outside the state.
(b)  Any  nonpublic or private elementary or secondary school may make
an  emergency  conditional  appointment  when  an  unforeseen  emergency
vacancy  has  occurred.  When  such appointment is made, the process for
conditional appointment pursuant to paragraph (a)  of  this  subdivision
may  also  be  initiated. Emergency conditional appointment may commence
prior to notification from the commissioner on conditional clearance and
shall terminate  when  the  prospective  employer  is  notified  by  the
commissioner   regarding   conditional   clearance,   provided  that  if
conditional clearance is granted, the  appointment  may  continue  as  a
conditional appointment.  Prior to the commencement of such appointment,
the  prospective  employer  must obtain a signed statement for emergency

conditional  appointment  from  the  prospective  employee,   indicating
whether,  to  the  best of his or her knowledge, he or she has a pending
criminal  charge  or  criminal  conviction  in  any   jurisdiction.   An
"unforeseen  emergency  vacancy" shall be defined as: (i) a vacancy that
occurred less than ten business days before  the  start  of  any  school
session,   including  summer  school,  or  during  any  school  session,
including  summer  school,  without  sufficient  notice  to  allow   for
clearance  or conditional clearance; (ii) when no other qualified person
is available to fill the vacancy temporarily; and (iii)  when  emergency
conditional  appointment  is  necessary  to  maintain services which the
school is legally required to provide or services necessary  to  protect
the health, education or safety of students or staff.
(c)  Each  nonpublic  or private elementary or secondary school, which
elects to fingerprint prospective employees pursuant to subdivision  two
of  this  section, shall develop a policy for the safety of the children
who have contact with an employee  holding  conditional  appointment  or
emergency conditional appointment.
4.  Fees.  Notwithstanding any other provision of law to the contrary,
the commissioner is authorized to charge additional fees  to  applicants
for certificates pursuant to this section 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 authorized by
this section.