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 87.9 - Special requirements for certain individuals seeking employment with or previously cleared for licensure and/or employment by the city school district of the city of new york

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				  Individuals who seek employment with the city school district of the City of
				  New York and have applied for certification or hold certification pursuant to
				  Part 80 of this Title, or have received a clearance for employment by the
				  department, and are also in the SED criminal history file, may authorize the
				  city school district of the city of New York, on a form or in an equivalent
				  manner prescribed by the department, to request from the department that the
				  content of their criminal history record be forwarded by the department to the
				  city school district of the City of New York.
(b) For individuals who have consented under
				  the requirements of subdivision (a) of this section and become employed with
				  the city school district of the City of New York, the department shall send
				  summary information to the city school district of the City of New York
				  concerning subsequent criminal history notifications received by the department
				  from DCJS.
(c) Upon separation from
				  employment with the city school district of the City of New York of an
				  individual who has consented under the requirements of subdivision (a) of this
				  section, the city school district of the City of New York shall notify the
				  department on forms or an equivalent manner prescribed by the department of the
				  name and other identifying information of such individual who was separated
				  from employment and the date of the separation.
(d)
(1)
				  Where the applicant for certification or prospective school employee is not in
				  the SED criminal history file but has been previously cleared for licensure
				  and/or employment by the city school district of the City of New York after
				  fingerprinting and a criminal history record check, such applicant for
				  certification or prospective school employee shall not be required to be
				  fingerprinted for clearance for employment or clearance for certification by
				  the department, provided that the following conditions are met:
(i) the applicant for certification or
				  prospective school employee has requested and authorized the city school
				  district of the City of New York to forward a copy of his or her criminal
				  history record to the department and authorized the city school district of the
				  City of New York to forward subsequent criminal history notifications received
				  from DCJS to the department;
(ii)
				  the applicant for certification or prospective school employee must have been
				  fingerprinted by the city school district of the City of New York on or after
				  July 1, 1990 and such fingerprints must remain on file with DCJS;
(iii) the department finds that the criminal
				  history record received from the city school district of the City of New York
				  is complete and sufficient for determining clearance for certification or
				  clearance for employment; and
(iv)
				  the city school district of the City of New York has agreed to provide to the
				  department any subsequent criminal history notifications for the applicant for
				  certification or prospective school employee upon receipt of such information
				  from DCJS.