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. 12, March 20, 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.
(b) Requirements for prospective school employees.
(c) Where the prospective school employee is already in the SED criminal history file and the department has previously obtained from both DCJS and the FBI the prospective school employee'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 prospective school employee 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.