New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter II - Regulations of the Commissioner › Subchapter C - Teacher › Part 87 - Criminal History Record Check For Prospective School Employees And Applicants For Certification › Section 87.2 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
As used in this Part:
(a) Clearance for certification means a
				  determination by the department that based upon its review of an applicant's
				  criminal history record such individual may be certified or licensed for
				  service by the commissioner, pursuant to Part 80 of this Title, provided that
				  all other requirements for certification or licensure are met.
(b) Clearance for employment means a
				  determination by the department that based upon its review of a prospective
				  school employee's criminal history record, such individual may be employed in a
				  covered school as defined in this section, provided that all other requirements
				  for employment are met.
(c)
				  Conditional appointment means an appointment by a covered school in accordance
				  with the requirements of section 1604(39), 1709(39), 1804(9), 1950(4)(ll),
				  2503(18), 2554(25), 2854(3)(a-2), or 3001-d(3) of the Education Law.
(d) Conditional clearance for employment
				  means a determination by the department that based upon its review of a
				  prospective school employee's criminal history record obtained from DCJS for a
				  prospective school employee, such individual may be employed by a covered
				  school as defined in this section on a conditional appointment, provided that
				  all other requirements for employment are met.
(e) Covered school means a board of
				  cooperative educational services, a charter school, a school district, or any
				  nonpublic or private elementary or secondary school that elects to fingerprint
				  and seek clearance for prospective employees from the department beginning July
				  1, 2007, geographically located in New York State, excluding the city school
				  district of the City of New York.
(f) Criminal history record means a record of
				  all convictions of crimes and any pending criminal charges maintained on an
				  individual by the New York State Division of Criminal Justice Services and/or
				  the Federal Bureau of Investigation.
(g) DCJS means the New York State Division of
				  Criminal Justice Services.
(h)
				  Department means the Education Department of the State of New York.
(i) Designated fingerprinting entity means
				  one of the following types of entities: school districts, boards of cooperative
				  educational services, charter schools, nonpublic or private elementary or
				  secondary schools that elect to fingerprint and seek clearance from the
				  department for prospective employees beginning July 1, 2007, State and local
				  criminal justice agencies, institutions of higher education, and other entities
				  as designated by the department.
(j) Emergency conditional appointment means
				  an appointment by a covered school when an unforeseen emergency vacancy has
				  occurred, in accordance with the requirements of section 1604(39), 1709(39),
				  1804(9), 1950(4)(ll), 2503(18), 2554(25), 2854(3)(a-2), or 3001-d(3) of the
				  Education Law.
(k) Prospective
				  school employee means any individual:
(1) who
				  is either:
(i) seeking a compensated position
				  with a covered school and is not currently employed by such covered school or a
				  student enrolled in the instructional program of a grade level in such covered
				  school;
(ii) an employee of a
				  provider of contracted services to a covered school who is to be placed within
				  such covered school; or
(iii) a
				  worker who is to be placed within a covered school under a public assistance
				  employment program pursuant to title 9-B of article V of the Social Services
				  Law, directly or through contract;