N.Y. Education Law § 652-a: Employees of the New York state higher education services corporation; background checks

§ 652-a. Employees of the New York state higher education services

corporation; background checks. 1. Current and prospective employees of

the corporation shall be subject to background and security clearance

investigations required in the ordinary course of the corporation's

business if background and security clearance are necessary for employee

participation or proposed participation in the administration of federal

student loans or other federal programs under the federal direct loan

program.

2. Such background or security clearance investigation shall be

performed by the corporation or on behalf of the corporation by a state

or federal government agency authorized to perform such investigations.

The corporation shall be authorized to request and receive from the

division of criminal justice services or federal government agency

having facilities for performing such services: security clearance

information, including criminal background and credit information for

corporation employees, New York state employees seeking transfer to the

corporation under section seventy of the civil service law, New York

state employees seeking hire at the corporation who are on a preferred

list subject to section eighty-one of the civil service law, or New York

state employees seeking hire at the corporation through their place on

an eligible list as defined in section fifty-six of the civil service

law and who have successfully completed a promotional exam subject to

section fifty-two of the civil service law if such security information

is necessary for the employees to be in compliance with the

administration of federal student loans or other federal programs under

the federal direct loan program. The corporation shall inform subjects

of background and security clearance investigations of the factors to be

considered in the evaluation of the criminal background information and

credit information obtained.

3. If an employee or prospective employee needs background and

security clearance in order to be compliant with the administration of

federal student loans or other federal programs under the federal direct

loan program, the corporation shall be authorized to require such an

employee or prospective employee to submit to the corporation or other

state or federal government agency authorized to perform such

investigations identifying information, which shall include

fingerprints, personal information, or other authorizations, required by

the corporation or the division of criminal justice services or federal

government agency authorized to perform such investigations. The

fingerprints so obtained shall be forthwith forwarded to the division of

criminal justice services for a state criminal history record check, and

the federal bureau of investigation or other federal government agency

having facilities for conducting a national criminal history record

check, for the purposes of determining whether or not criminal charges

are pending against the employee or prospective employee or whether or

not the employee or prospective employee had previously been convicted

of a crime, and such agency shall report a finding of such pending

charges and previous convictions, if any, to the corporation in writing

or by electronic means or any other method agreed upon by the

corporation and the agency. All such criminal history records or other

background information received by the corporation shall be confidential

pursuant to applicable federal and state laws, rules and regulations,

and shall not be published or in any way disclosed except to those

employees of the corporation responsible for evaluating the information

obtained or upon the request of federal officials responsible for

administration of a federal student loan program. All determinations

made pursuant to this section shall be in accordance with the provisions

of subdivision sixteen of section two hundred ninety-six of the

executive law and article twenty-three-A of the correction law unless

such provisions are in direct conflict with federal law or federal loan

program requirements. The corporation shall provide the subject of the

criminal history check or checks with a copy of any criminal history

record together with a copy of article twenty-three-A of the correction

law and inform such applicant of his or her right to seek correction of

any incorrect information contained in such record. The subject shall

have the right to seek correction of any incorrect information contained

in such records pursuant to applicable state and federal laws and

regulations. The corporation shall be responsible for any fees

associated with background and security checks required by this section

for current employees.