6190

Adoption Date: 1/20/2004 Revised: 12/20/2016; 3/17/2020
6000 - PERSONNEL

1-PERSONNEL
6190 FINGERPRINTING OF PROSPECTIVE SCHOOL EMPLOYEES

Unless otherwise authorized in accordance with law and regulation, the District shall not employ or utilize a prospective school employee, as defined below, unless such prospective school employee has been granted a ‘full’ clearance for employment by the State Education department (SED). The School District shall require a prospective school employee who is not in the SED criminal history file to be fingerprinted for the purpose of a criminal history record check by authorized personnel of the designated fingerprinting entity. For purposes of this provision of law, 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 (DCJS) and the Federal Bureau of Investigation (FBI).

Furthermore the District shall notify SED, in a manner prescribed by the Department, of a prospective school employee who has commenced employment with or began providing services for the District, the date of the commencement of such employment or service, and the position held by such individual. Similarly, the District shall notify SED, in a manner prescribed by the Department, of a fingerprinted employee who has been separated from employment with the District or ceased providing services for the School District, and the date of such separation from employment or cessation of services. All criminal history records processed by DCJS and the FBI and sent to the Commissioner of Education are confidential. The records may not be published or in any way disclosed to persons other than the Commissioner unless otherwise authorized by law.

Unless otherwise exempted by the District, the applicant shall be responsible for the payment of fees to SED for a criminal history record check. 

Individuals Who Are Specifically Excluded

Individuals excluded from a criminal history record check/fingerprinting pursuant to this provision of law and regulation are those individuals who:

a) Are seeking a position as a school bus driver or school bus attendant and are cleared for employment pursuant to the Vehicle and Traffic Law; or
b) Have provided services to the District in the previous school year either in a compensated position, or as an employee of a provider of contracted services to the District, or a s a worker placed within the School District under a public assistance employment program pursuant to title 9-B of Article 5 of the Social Services Law directly or through contract; or;
c) Will reasonably be expected by the School District to provide services for the District on no more than five (5) days in the school year in which services are performed, provided that the District provides in-person supervision of such individual by one (1) or more employees of the District while that individual is providing such services. Individuals providing such time-limited and supervised services may include but shall not be limited to artists, guest lecturers and speakers, and sports officials.

Any prospective employee who previously has been fingerprinted in order to obtain certification, and whose fingerprints remain on file with the division of Criminal Justice Services (DCJS), will not be required to be fingerprinted again for purposes of a criminal history record check.

Conditional Appointments

Conditional appointments may be allowed per Commissioner Regulations.

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