N.Y. Education Law § 3004-b: Special procedures for certification

§ 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.

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.