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This entry was published on 2021-04-23
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SECTION 3004-B
Special procedures for certification
Education (EDN) CHAPTER 16, TITLE 4, ARTICLE 61
§ 3004-b. Special procedures for certification. * 1. Criminal history
records search. Upon receipt of an application for certification as a
superintendent of schools, teacher, administrator or supervisor,
teaching assistant or school personnel required to hold a teaching or
administrative license or certificate, the commissioner shall, subject
to the rules and regulations of the division of criminal justice
services, initiate a criminal history records search of the person
making application, except that nothing in this section shall be
construed to require a criminal history record check of an individual
who holds a valid provisional certificate on the effective date of this
section and applies for permanent certification in the same certificate
title, or of an individual who applies for a temporary license to serve
in the city school district of the city of New York and has been cleared
for licensure and/or employment by such city school district pursuant to
subdivision twenty of section twenty-five hundred ninety-h of this
chapter. Prior to initiating the fingerprinting process, the
commissioner shall furnish the applicant with the form described in
paragraph (c) of subdivision thirty of section three hundred five of
this chapter and shall obtain the applicant's consent to the criminal
history records search. The commissioner shall obtain from each
applicant two sets of fingerprints and the division of criminal justice
services processing fee imposed pursuant to subdivision eight-a of
section eight hundred thirty-seven of the executive law and any fee
imposed by the federal bureau of investigation. The commissioner shall
promptly transmit such fingerprints and fees to the division of criminal
justice services for its full search and retain processing. The division
of criminal justice services is authorized to submit the fingerprints
and the appropriate fee to the federal bureau of investigation for a
national criminal history record check. The division of criminal justice
services and the federal bureau of investigation shall forward such
criminal history record to the commissioner in a timely manner. For the
purposes of this section the term "criminal history record" shall mean a
record of all convictions of crimes and any pending criminal charges
maintained on an individual by the division of criminal justice services
and the federal bureau of investigation. In addition, upon request from
an applicant who has applied for employment with the city school
district of the city of New York, the commissioner shall have the
authority to forward a copy of such criminal history record to the city
school district of the city of New York by the most expeditious means
available. Furthermore, upon notification that such applicant is
employed by the city school district of the city of New York, the
division of criminal justice services shall have the authority to
provide subsequent criminal history notifications directly to the city
school district of the city of New York. Upon request from an applicant
who has already been cleared for licensure and/or employment by the city
school district of the city of New York, such school district shall have
the authority to forward a copy of the applicant's criminal history
record to the commissioner, by the most expeditious means available, for
the purposes of this section. Furthermore, upon notification that such
applicant has been certified, the division of criminal justice services
shall have the authority to provide subsequent criminal history
notifications directly to the commissioner. All such criminal history
records processed and sent pursuant to this subdivision shall be
confidential pursuant to the applicable federal and state laws, rules
and regulations, and shall not be published or in any way disclosed to
persons other than the commissioner, unless otherwise authorized by law.
No cause of action against the department or the division of criminal
justice services for damages related to the dissemination of criminal
history records pursuant to this subdivision shall exist when the
department or division of criminal justice services has reasonably and
in good faith relied upon the accuracy and completeness of criminal
history information furnished to it by qualified agencies. The provision
of such criminal history record by the division of criminal justice
services shall be subject to the provisions of subdivision sixteen of
section two hundred ninety-six of the executive law. The commissioner
shall consider such criminal history record pursuant to article
twenty-three-A of the correction law.

* NB Effective until July 1, 2022

* 1. Criminal history records search. Upon receipt of an application
for certification as a superintendent of schools, teacher, administrator
or supervisor, teaching assistant or school personnel required to hold a
teaching or administrative license or certificate, the commissioner
shall, subject to the rules and regulations of the division of criminal
justice services, initiate a criminal history records search of the
person making application. Prior to initiating the fingerprinting
process, the commissioner shall furnish the applicant with the form
described in paragraph (c) of subdivision thirty of section three
hundred five of this chapter and shall obtain the applicant's consent to
the criminal history records search. The commissioner shall obtain from
each applicant two sets of fingerprints and the division of criminal
justice services processing fee imposed pursuant to subdivision eight-a
of section eight hundred thirty-seven of the executive law and any fee
imposed by the federal bureau of investigation. The commissioner shall
promptly transmit such fingerprints and fees to the division of criminal
justice services for its full search and retain processing. The division
of criminal justice services is authorized to submit the fingerprints
and the appropriate fee to the federal bureau of investigation for a
national criminal history record check. The division of criminal justice
services and the federal bureau of investigation shall forward such
criminal history record to the commissioner in a timely manner. For the
purposes of this section the term "criminal history record" shall mean a
record of all convictions of crimes and any pending criminal charges
maintained on an individual by the division of criminal justice services
and the federal bureau of investigation. In addition, upon request from
an applicant who has applied for employment with the city school
district of the city of New York, the commissioner shall have the
authority to forward a copy of such criminal history record to the city
school district of the city of New York by the most expeditious means
available. Furthermore, upon notification that such applicant is
employed by the city school district of the city of New York, the
division of criminal justice services shall have the authority to
provide subsequent criminal history notifications directly to the city
school district of the city of New York. Upon request from an applicant
who has already been cleared for licensure and/or employment by the city
school district of the city of New York, such school district shall have
the authority to forward a copy of the applicant's criminal history
record to the commissioner, by the most expeditious means available, for
the purposes of this section. Furthermore, upon notification that such
applicant has been certified, the division of criminal justice services
shall have the authority to provide subsequent criminal history
notifications directly to the commissioner. All such criminal history
records processed and sent pursuant to this subdivision shall be
confidential pursuant to the applicable federal and state laws, rules
and regulations, and shall not be published or in any way disclosed to
persons other than the commissioner, unless otherwise authorized by law.
No cause of action against the department or the division of criminal
justice services for damages related to the dissemination of criminal
history records pursuant to this subdivision shall exist when the
department or division of criminal justice services has reasonably and
in good faith relied upon the accuracy and completeness of criminal
history information furnished to it by qualified agencies. The provision
of such criminal history record by the division of criminal justice
services shall be subject to the provisions of subdivision sixteen of
section two hundred ninety-six of the executive law. The commissioner
shall consider such criminal history record pursuant to article
twenty-three-A of the correction law.

* NB Effective July 1, 2022

2. Fees. Notwithstanding any other provision of law to the contrary,
the commissioner is authorized to charge additional fees to applicants
for teaching or administrative licenses or certificates 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 mandated by this section.