2023 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and regulations, and shall not be published or in any way  disclosed  to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.
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.