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 87.8 - Fees

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The fee for the
				  criminal history record search prescribed in sections
				  87.3
				  and
				  87.4 
				  of this Part shall be in an amount equal to the fees established, pursuant to
				  law, by DCJS and the Federal Bureau of Investigation for processing the
				  criminal history information request. The fee shall be payable to the New York
				  State Education Department and paid by money order or check of a covered school
				  or check from a provider of contracted services to a covered school or a
				  certified check or by credit card.
(b) In the case of an applicant for
				  certification or licensure, as prescribed in section
				  87.3 
				  of this Part, the applicant for certification or licensure shall pay the
				  fee.
(c) In the case of a
				  prospective school employee, as prescribed in section
				  87.4 
				  of this Part, the prospective school employee shall pay the fee, unless the
				  covered school agrees to pay the fee or the prospective school employee is
				  exempt from paying the fee in accordance with the requirements of paragraph
				  (d)(1) of this section in which case the entity prescribed in such paragraph
				  shall pay the fee.
(d) The
				  prospective school employee shall not be liable for paying the fee prescribed
				  in subdivision (a) of this section if he or she meets the requirements of this
				  subdivision, in which case the entity prescribed in this subdivision shall pay
				  the fee.
(1) A prospective school employee
				  shall not be responsible for the fee prescribed in subdivision (a) of this
				  section, if such fee is associated with an employee participation in a public
				  assistance employment program, pursuant to title 9-B of article V 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 and Disability Assistance. In such cases, the fee shall be
				  paid by the social services district making such employment placement or
				  assignment and the cost of such fee, if not subject to full reimbursement under
				  such Federal block grant, shall be deemed to be an employment services
				  administrative expense.
(2) A
				  prospective school employee may submit a request to the governing body of the
				  covered school, on a form prescribed by the department, that the fees imposed
				  for conducting a criminal history records check be waived and paid by the
				  governing body instead. The governing body of the covered school may grant such
				  a request if the 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 the fee on behalf of
				  the prospective school employee.