Sec. 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

(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.

(2) Where the applicant for certification or prospective school employee has met the conditions of paragraph (1) of this subdivision, the department's criminal history record check shall be a review of the criminal history record on the individual transmitted to the department by the city school district of the City of New York, which shall be the criminal history record obtained by the school district from the FBI dating from the school district's past request for this information and all convictions of crimes and any pending criminal charges maintained on the individual by DCJS.