N.Y. Comp. Codes R. & Regs. tit. 8 § 87.2

Current through Register Vol. 46, No. 45, November 2, 2024

Section 87.2 - Definitions

As used in this Part:

(a) Clearance for certification means a determination by the department that based upon its review of an applicant's criminal history record such individual may be certified or licensed for service by the commissioner, pursuant to Part 80 of this Title, provided that all other requirements for certification or licensure are met.

(b) Clearance for employment means a determination by the department that based upon its review of a prospective school employee's criminal history record, such individual may be employed in a covered school as defined in this section, provided that all other requirements for employment are met.

(c) Conditional appointment means an appointment by a covered school in accordance with the requirements of section 1604(39), 1709(39), 1804(9), 1950(4)(ll), 2503(18), 2554(25), 2854(3)(a-2), or 3001-d(3) of the Education Law.

(d) Conditional clearance for employment means a determination by the department that based upon its review of a prospective school employee's criminal history record obtained from DCJS for a prospective school employee, such individual may be employed by a covered school as defined in this section on a conditional appointment, provided that all other requirements for employment are met.

(e) Covered school means a board of cooperative educational services, a charter school, a school district, or any nonpublic or private elementary or secondary school that elects to fingerprint and seek clearance for prospective employees from the department beginning July 1, 2007, geographically located in New York State, excluding the city school district of the City of New York.

(f) Criminal history record means a record of all convictions of crimes and any pending criminal charges maintained on an individual by the New York State Division of Criminal Justice Services and/or the Federal Bureau of Investigation.

(g) DCJS means the New York State Division of Criminal Justice Services.

(h) Department means the Education Department of the State of New York.

(i) Designated fingerprinting entity means one of the following types of entities: school districts, boards of cooperative educational services, charter schools, nonpublic or private elementary or secondary schools that elect to fingerprint and seek clearance from the department for prospective employees beginning July 1, 2007, State and local criminal justice agencies, institutions of higher education, and other entities as designated by the department.

(j) Emergency conditional appointment means an appointment by a covered school when an unforeseen emergency vacancy has occurred, in accordance with the requirements of section 1604(39), 1709(39), 1804(9), 1950(4)(ll), 2503(18), 2554(25), 2854(3)(a-2), or 3001-d(3) of the Education Law.

(k) Prospective school employee means any individual:

(1) who is either:

(i) seeking a compensated position with a covered school and is not currently employed by such covered school or a student enrolled in the instructional program of a grade level in such covered school;

(ii) an employee of a provider of contracted services to a covered school who is to be placed within such covered school; or

(iii) a worker who is to be placed within a covered school under a public assistance employment program pursuant to title 9-B of article V of the Social Services Law, directly or through contract;

(2) who will reasonably be expected by such covered school to provide services which involve direct contact, meaning in person, face-to-face communication or interaction, with students under the age of 21, or any other form of communication or interaction directly with such students including, but not limited to communication or interaction via digital or audio-based technology; and

(3) excluding individuals who:

(i) are seeking a position as a school bus driver or school bus attendant and are cleared for employment pursuant to sections 509-cc, 509-d and/or 1229-d of the Vehicle and Traffic Law after fingerprinting and a criminal history record check and whose fingerprints remain on file with DCJS;

(ii) have provided services for the covered school in the previous school year either: in a compensated position, or as an employee of a provider of contracted services to such covered school, or as a worker placed within the covered school under a public assistance employment program pursuant to title 9-B of article V of the Social Services Law directly or through contract; or

(iii) will reasonably be expected by such covered school to provide services for the covered school on no more than five days in the school year in which services are to be performed, provided that the covered school provides in-person supervision of such individual by one or more employees of the covered school 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.

(l) SED criminal history file means the file of criminal history information maintained by the State Education Department of individuals who were fingerprinted and subject to a criminal history record check and who have not been removed from such file pursuant to the requirements of section 87.7 of this Part.

N.Y. Comp. Codes R. & Regs. Tit. 8 § 87.2

Amended New York State Register February 24, 2021/Volume XLIII, Issue 08, eff. 2/24/2021

Amended New York State Register November 3, 2021/Volume XLIII, Issue 44, eff. 11/3/2021

Amended New York State Register March 1, 2023/Volume XLV, Issue 09, eff. 3/1/2023