2023 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.
2.  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.