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. 12, March 20, 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:
(l) SED criminal history file means the file of criminal history information maintained by the State Education Department of individuals who were fingerprinted and subject to a criminal history record check and who have not been removed from such file pursuant to the requirements of section 87.7 of this Part.