§ 3001-D — Criminal history record checks and conditional appointments; nonpublic and private schools

§ 3001-d. Criminal history record checks and conditional appointments;\nnonpublic and private schools. 1. a. "Employee" shall mean any\nprospective employee of a nonpublic or private elementary or secondary\nschool which requires the fingerprinting of prospective employees\npursuant to this section, or employee of a contracted service provider\nor worker placed within such school under a public assistance employment\nprogram, pursuant to title nine-B of article five of the social services\nlaw, and consistent with the provisions of such title for the provision\nof services to such school, its students or employees, directly or\nthrough contract, whereby such services performed by such person involve\ndirect student contact. Any nonpublic or private elementary or secondary\nschool which elects to submit for review criminal history information\nconcerning prospective employees must do so with respect to each such\nprospective employee, as defined in this paragraph, in accordance with\nthis section.\n b. "Volunteer" shall mean any person, other than an employee, who\nprovides services to a nonpublic or private elementary or secondary\nschool which elects to require the fingerprinting of prospective\nemployees pursuant to this section, which involve direct student\ncontact.\n 2. Any nonpublic or private elementary or secondary school may\nrequire, for the purposes of a criminal history record check, the\nfingerprinting of all prospective employees pursuant to section three\nthousand thirty-five of this article, who do not hold valid clearance\npursuant to such section or pursuant to section three thousand four-b of\nthis article or section five hundred nine-cc or twelve hundred\ntwenty-nine-d of the vehicle and traffic law. Prior to initiating the\nfingerprinting process, the prospective employer shall furnish the\napplicant with the form described in paragraph (c) of subdivision thirty\nof section three hundred five of this chapter and shall obtain the\napplicant's consent to the criminal history record search. Every set of\nfingerprints taken pursuant to this section shall be promptly submitted\nto the commissioner for the purposes of clearance for employment.\n 3. (a) Any nonpublic or private elementary or secondary school may\nconditionally appoint a prospective employee. A request for conditional\nclearance may be forwarded to the commissioner along with the\nprospective employee's fingerprints. Such appointment may be delayed\nuntil notification by the commissioner that the prospective employee has\nbeen conditionally cleared for employment and shall terminate when the\nprospective employer is notified of a determination by the commissioner\nto grant or deny clearance, provided that if clearance is granted, the\nappointment shall continue and the conditional status shall be removed.\nPrior to commencement of such conditional appointment, the prospective\nemployer shall obtain a signed statement for conditional appointment\nfrom the prospective employee, indicating whether, to the best of his or\nher knowledge, he or she has a pending criminal charge or criminal\nconviction in any jurisdiction outside the state.\n (b) Any nonpublic or private elementary or secondary school may make\nan emergency conditional appointment when an unforeseen emergency\nvacancy has occurred. When such appointment is made, the process for\nconditional appointment pursuant to paragraph (a) of this subdivision\nmay also be initiated. Emergency conditional appointment may commence\nprior to notification from the commissioner on conditional clearance and\nshall terminate when the prospective employer is notified by the\ncommissioner regarding conditional clearance, provided that if\nconditional clearance is granted, the appointment may continue as a\nconditional appointment. Prior to the commencement of such appointment,\nthe prospective employer must obtain a signed statement for emergency\nconditional appointment from the prospective employee, indicating\nwhether, to the best of his or her knowledge, he or she has a pending\ncriminal charge or criminal conviction in any jurisdiction. An\n"unforeseen emergency vacancy" shall be defined as: (i) a vacancy that\noccurred less than ten business days before the start of any school\nsession, including summer school, or during any school session,\nincluding summer school, without sufficient notice to allow for\nclearance or conditional clearance; (ii) when no other qualified person\nis available to fill the vacancy temporarily; and (iii) when emergency\nconditional appointment is necessary to maintain services which the\nschool is legally required to provide or services necessary to protect\nthe health, education or safety of students or staff.\n (c) Each nonpublic or private elementary or secondary school, which\nelects to fingerprint prospective employees pursuant to subdivision two\nof this section, shall develop a policy for the safety of the children\nwho have contact with an employee holding conditional appointment or\nemergency conditional appointment.\n 4. Fees. Notwithstanding any other provision of law to the contrary,\nthe commissioner is authorized to charge additional fees to applicants\nfor certificates pursuant to this section in an amount equal to the fees\nestablished pursuant to law by the division of criminal justice services\nand the federal bureau of investigation for the searches authorized by\nthis section.\n