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 criminalhistory 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, 2010    * 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  criminaljustice  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, 2010    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.