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 87.4 - Requirements for covered schools and prospective school employees

Current through Register Vol. 46, No. 28, July 10, 2024
The requirements of this section shall apply to all
					 prospective school employees, as defined in section
					 87.2  of this Part,
					 appointed to compensated positions in a board of cooperative educational
					 services, charter school or school district by official action of the governing
					 body of such covered school on or after July 1, 2001. The requirements of this
					 section shall also apply to all prospective school employees appointed to
					 compensated positions in a nonpublic or private elementary or secondary school
					 on or after July 1, 2007, if such school elects to fingerprint and seek
					 clearance for prospective employees from the department. The requirements of
					 this section shall not apply to prospective school employees, as defined in
					 section
					 87.2  of this Part,
					 appointed to compensated positions in a board of cooperative educational
					 services, charter school or school district by official action of the governing
					 body of such covered school prior to July 1, 2001, notwithstanding the fact
					 that such prospective school employees are not required to provide services
					 until on or after July 1, 2001. These requirements shall also not apply to
					 prospective school employees, as defined in section
					 87.2  of this Part,
					 appointed to compensated positions in a nonpublic or private elementary or
					 secondary school by official action of the governing body of such covered
					 school prior to July 1, 2007, notwithstanding the fact that such prospective
					 school employees are not required to provide services until on or after July 1,
					 2007. The requirements of this section shall apply to all prospective school
					 employees, as defined in section
					 87.2  of this Part,
					 who commence providing services at a board of cooperative educational services,
					 charter school or school district on or after July 1, 2001, or in a nonpublic
					 or private elementary or secondary school on or after July 1, 2007, when such
					 prospective school employees are: employees of a provider of contracted
					 services to the covered school, or workers who are placed within the 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, or in
					 compensated positions at the covered school not appointed by official action of
					 the governing body of such covered school.
(a) Requirements for covered schools.
(1) Covered schools shall not employ or
				  utilize a prospective school employee, as defined in section
				  87.2  of this Part,
				  unless such prospective school employee has been granted a clearance for
				  employment by the department, or unless the covered school has made an
				  emergency conditional appointment.
(2) Except as provided in section
				  87.9(d) 
				  of this Part, covered schools shall require all prospective school employees
				  who are not in the SED criminal history file to be fingerprinted for purposes
				  of a criminal history record check by authorized personnel of a designated
				  fingerprinting entity. In such cases, either the covered school or prospective
				  school employee shall cause the designated fingerprinting entity to transmit a
				  sufficient number of fingerprints to the department for the purpose of a
				  criminal history record check and clearance for employment along with the
				  consent form and the fee required by section
				  87.8  of this Part.
(3) Where a covered school requests clearance
				  for employment on behalf of a prospective school employee who is not in the SED
				  criminal history file, the covered school may also request a conditional
				  clearance for employment on behalf of such prospective school employee upon a
				  form prescribed by the department, which shall be completed and signed by the
				  prospective school employee.
(4)
				  Where the prospective school employee is already in the SED criminal history
				  file, the covered school shall request the clearance for employment on forms or
				  in an equivalent manner prescribed by the department. The covered school may
				  also request a conditional clearance for employment on behalf of such
				  prospective school employee upon a form prescribed by the department, which
				  shall be completed and signed by the prospective school employee. No fee shall
				  be payable to the department for such request for clearance.
(5) Covered schools shall notify the
				  department on forms or an equivalent manner prescribed by the department of the
				  name and other identifying information of a prospective school employee who was
				  fingerprinted pursuant to section 3004-b or
				  3035  of the Education Law and has been
				  separated from employment with the covered school or ceased providing services
				  for the covered school and the date of the separation from such employment or
				  the cessation of such services.