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 87.3 - Requirements for applicants for certification

Current through Register Vol. 44, No. 26, June 29, 2022

An individual who applies on or after July 1, 2001 for certification as a superintendent of schools, teacher, administrator or supervisor, teaching assistant, or in any other title for which a teaching or administrative license or certificate is required pursuant to Part 80 of this Title, shall meet the requirements of this section, except for individuals who apply for a permanent certificate and hold a valid provisional certificate, applied for prior to July 1, 2001, in the same title for which the permanent certificate is sought, and except that the requirements of this section shall not be applicable for an individual to qualify for a temporary license, pursuant to section 80-5.10 of this Title, for employment by the city school district of the City of New York, provided that such individual has been cleared for employment by such school district after fingerprinting and a criminal history record check, pursuant to section 2590-h(20) of the Education Law.

(a) Where the applicant is not already in the SED criminal history file, except as provided in section 87.9(d) of this Part, the applicant for certification shall:

(1) consent to the department making a request for his or her criminal history record from the DCJS and the Federal Bureau of Investigation, upon a form prescribed by the department that meets the requirements of section 305(30)(b) of the Education Law; and

(2) be fingerprinted for purposes of a criminal history record check by authorized personnel of a designated fingerprinting entity. The applicant for certification shall cause the designated fingerprinting entity to transmit two sets of completed fingerprint cards to the department for the purpose of a criminal history record check and clearance for certification along with the consent form and the fee required by section 87.8 of this Part.

(b) Where the applicant for certification is already in the SED criminal history file, the applicant shall notify the department of this fact on forms or an equivalent manner prescribed by the department. No fee shall be payable to the department for such request for clearance.

(c) Where the applicant for certification is already in the SED criminal history file and the department has previously obtained from both DCJS and the FBI the applicant's criminal history record, the department's criminal history record check shall be a review of the criminal history record obtained by the department from the FBI dating from the department's past request for this information and all convictions of crimes and any pending criminal charges maintained on the individual by DCJS. Where the applicant for certification is not already in the SED criminal history file, except as provided in section 87.9(d) of this Part, the department's criminal history record check shall be a review of a record of all convictions of crimes and any pending criminal charges maintained on an individual by DCJS and the FBI.

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