N.Y. Education Law Section 3001-D
Criminal history record checks and conditional appointments

  • nonpublic and private schools

1.

a. “Employee” shall mean any prospective employee of a nonpublic or private elementary or secondary school which requires the fingerprinting of prospective employees pursuant to this section, or employee of a contracted service provider or worker placed within such school under a public assistance employment program, pursuant to title nine-B of article five of the social services law, and consistent with the provisions of such title for the provision of services to such school, its students or employees, directly or through contract, whereby such services performed by such person involve direct student contact. Any nonpublic or private elementary or secondary school which elects to submit for review criminal history information concerning prospective employees must do so with respect to each such prospective employee, as defined in this paragraph, in accordance with this section.

b.

“Volunteer” shall mean any person, other than an employee, who provides services to a nonpublic or private elementary or secondary school which elects to require the fingerprinting of prospective employees pursuant to this section, which involve direct student contact.

2.

Any nonpublic or private elementary or secondary school may require, for the purposes of a criminal history record check, the fingerprinting of all prospective employees pursuant to § 3035 (Duties of commissioner)section three thousand thirty-five of this article, who do not hold valid clearance pursuant to such section or pursuant to section three thousand four-b of this article or section five hundred nine-cc or twelve hundred twenty-nine-d of the vehicle and traffic law. Prior to initiating the fingerprinting process, the prospective employer shall furnish the applicant with the form described in paragraph (c) of subdivision thirty of § 305 (General powers and duties)section three hundred five of this chapter and shall obtain the applicant’s consent to the criminal history record search. Every set of fingerprints taken pursuant to this section shall be promptly submitted to the commissioner for the purposes of clearance for employment.

3.

(a) Any nonpublic or private elementary or secondary school may conditionally appoint a prospective employee. A request for conditional clearance may be forwarded to the commissioner along with the prospective employee’s fingerprints. Such appointment may be delayed until notification by the commissioner that the prospective employee has been conditionally cleared for employment and shall terminate when the prospective employer is notified of a determination by the commissioner to grant or deny clearance, provided that if clearance is granted, the appointment shall continue and the conditional status shall be removed. Prior to commencement of such conditional appointment, the prospective employer shall obtain a signed statement for conditional appointment from the prospective employee, indicating whether, to the best of his or her knowledge, he or she has a pending criminal charge or criminal conviction in any jurisdiction outside the state.

(b)

Any nonpublic or private elementary or secondary school may make an emergency conditional appointment when an unforeseen emergency vacancy has occurred. When such appointment is made, the process for conditional appointment pursuant to paragraph (a) of this subdivision may also be initiated. Emergency conditional appointment may commence prior to notification from the commissioner on conditional clearance and shall terminate when the prospective employer is notified by the commissioner regarding conditional clearance, provided that if conditional clearance is granted, the appointment may continue as a conditional appointment. Prior to the commencement of such appointment, the prospective employer must obtain a signed statement for emergency conditional appointment from the prospective employee, indicating whether, to the best of his or her knowledge, he or she has a pending criminal charge or criminal conviction in any jurisdiction. An “unforeseen emergency vacancy” shall be defined as:

(i)

a vacancy that occurred less than ten business days before the start of any school session, including summer school, or during any school session, including summer school, without sufficient notice to allow for clearance or conditional clearance;

(ii)

when no other qualified person is available to fill the vacancy temporarily; and (iii) when emergency conditional appointment is necessary to maintain services which the school is legally required to provide or services necessary to protect the health, education or safety of students or staff.

(c)

Each nonpublic or private elementary or secondary school, which elects to fingerprint prospective employees pursuant to subdivision two of this section, shall develop a policy for the safety of the children who have contact with an employee holding conditional appointment or emergency conditional appointment.

4.

Fees. Notwithstanding any other provision of law to the contrary, the commissioner is authorized to charge additional fees to applicants for certificates pursuant to this section in an amount equal to the fees established pursuant to law by the division of criminal justice services and the federal bureau of investigation for the searches authorized by this section.

Source: Section 3001-D — Criminal history record checks and conditional appointments; nonpublic and private schools, https://www.­nysenate.­gov/legislation/laws/EDN/3001-D (updated Sep. 22, 2014; accessed Mar. 23, 2024).

3001
Qualifications of teachers
3001–A
Temporary teaching permit, person not a citizen
3001–B
First aid instruction mandatory for coaches of extra-class public school athletic activities
3001–C
First aid instruction mandatory for coaches of high school extra-class nonpublic school athletic activities
3001–D
Criminal history record checks and conditional appointments
3002
Oath to support federal and state constitutions
3003
Qualifications of superintendents
3004
Regulations governing certification of teachers
3004–A
National board for professional teaching standards certification grant program
3004–B
Special procedures for certification
3004–C
Denial of application for certification
3005
Leave of absence to teachers for teaching in foreign countries, other states and territories and other school districts
3005–A
Leave of absence for teaching purposes
3005–B
Leave of absence for personal illness
3006
Commissioner of education to issue certificates
3006–A
Registration and continuing teacher and leader education requirements for holders of professional certificates in the classroom teaching ...
3007
Endorsement of foreign certificates and diplomas
3008
Certification of teachers by local authorities
3009
Unqualified teachers shall not be paid from school moneys
3010
Penalty for payment of unqualified teacher
3011
Contract with teacher
3012
Tenure: certain school districts
3012–A
Elementary tenure area
3012–C
Annual professional performance review of classroom teachers and building principals
3012–D
Annual teacher and principal evaluations
3013
Abolition of office or position
3014
Tenure: boards of cooperative educational services
3014–A
Teachers’ rights as a result of a board or boards of cooperative educational services taking over a program formerly operated by a school...
3014–B
Teachers’ rights as a result of a school district taking over a program formerly operated by a board of cooperative educational services
3014–C
Teachers’ rights as a result of a school district taking back tuition students
3014–D
Teachers’ rights as a result of a school district sending students to another district on a tuition basis pursuant to section two thousan...
3015
Teacher’s salary when payable
3016
Contract when teacher is related to trustee or member of board of education
3017
Individual liability of trustees
3018
Revocation of certificate by district superintendent
3019
Penalty for teacher’s failure to complete contract
3019–A
Notice of termination of service by teachers
3020
Discipline of teachers
3020–A
Disciplinary procedures and penalties
3020–B
Streamlined removal procedures for teachers rated ineffective
3021
Removal of superintendents, teachers and employees for treasonable or seditious acts or utterances
3021–A
Notification of accusatory instrument alleging a sex offense
3022
Elimination of subversive persons from the public school system
3023
Liability of a board of education, trustee, trustees or board of cooperative educational services
3024
Teachers responsible for record books
3025
Verification of school register
3026
Discriminations based on sex prohibited
3027
Discrimination based on age prohibited
3028
Liability of school district for cost and attorney’s fees of action against, or prosecutions of, teachers, members of supervisory and adm...
3028–A
Students under twenty-one years of age suspected of alcohol abuse or narcotic addiction
3028–B
Notification of teachers’ duty to provide information and immunity from liability
3028–C
Protection of school employees who report acts of violence and weapons possession
3028–D
Protection of school employees who report information regarding illegal or inappropriate financial practices
3029
Hours of continuous duty for full time teachers
3029–A
Silent meditation in public schools
3030
Interstate agreement on qualifications of educational personnel
3031
Procedure when tenure not to be granted at conclusion of probationary period or when services to be discontinued
3032
Teacher summer business training and employment program
3033
New York state mentor teacher-internship program
3034
Teacher career recruitment clearinghouse
3035
Duties of commissioner
3036
Coursework for reporting child abuse and maltreatment for those with coaching licenses or coaching certificates
3037
Grants for hiring teachers
3038
The superintendent of each school district, in consultation with the district superintendent of a board of cooperative educational servic...

Accessed:
Mar. 23, 2024

Last modified:
Sep. 22, 2014

§ 3001-D’s source at nysenate​.gov

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