Sec. 87.4. Requirements for covered schools and prospective school employees

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.

(b) Requirements for prospective school employees.

(1) Except as provided in section 87.9(d) of this Part, where the prospective school employee is not already in the SED criminal history file, the prospective school employee shall:

(i) 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

(ii) be fingerprinted for purposes of a criminal history record check by authorized personnel of a designated fingerprinting entity. In such cases, either the prospective school employee or the covered school 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.

(2) Where the prospective school employee is not already in the SED criminal history file and the prospective school employee is requesting a clearance for employment, the prospective school employee may also request a conditional clearance for employment for the purposes of meeting the requirements for a conditional appointment upon a form prescribed by the department, which shall be completed and signed by the prospective school employee.

(3) Where the prospective school employee is already in the SED criminal history file, the prospective school employee shall notify the covered school of this fact.

(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.