N.Y. Comp. Codes R. & Regs. tit. 8 § 87.8
Current through Register Vol. 46, No. 45, November 2, 2024
(a) The fee for the criminal history record search prescribed in sections 87.3 and 87.4 of this Part shall be in an amount equal to the fees established, pursuant to law, by DCJS and the Federal Bureau of Investigation for processing the criminal history information request. The fee shall be payable to the New York State Education Department and paid by money order or check of a covered school or check from a provider of contracted services to a covered school or a certified check or by credit card.(b) In the case of an applicant for certification or licensure, as prescribed in section 87.3 of this Part, the applicant for certification or licensure shall pay the fee.(c) In the case of a prospective school employee, as prescribed in section 87.4 of this Part, the prospective school employee shall pay the fee, unless the covered school agrees to pay the fee or the prospective school employee is exempt from paying the fee in accordance with the requirements of paragraph (d)(1) of this section in which case the entity prescribed in such paragraph shall pay the fee.(d) The prospective school employee shall not be liable for paying the fee prescribed in subdivision (a) of this section if he or she meets the requirements of this subdivision, in which case the entity prescribed in this subdivision shall pay the fee. (1) A prospective school employee shall not be responsible for the fee prescribed in subdivision (a) of this section, if such fee is associated with an employee participation in a public assistance employment program, pursuant to title 9-B of article V of the Social Services Law, or receiving employment services through the Federal Temporary Assistance for Needy Families Block Grant, pursuant to appropriations to the Office of Temporary and Disability Assistance. In such cases, the fee shall be paid by the social services district making such employment placement or assignment and the cost of such fee, if not subject to full reimbursement under such Federal block grant, shall be deemed to be an employment services administrative expense.(2) A prospective school employee may submit a request to the governing body of the covered school, on a form prescribed by the department, that the fees imposed for conducting a criminal history records check be waived and paid by the governing body instead. The governing body of the covered school may grant such a request if the governing body determines that payment of such a fee would impose an unreasonable financial hardship on the applicant or his or her family and upon such determination the governing body shall pay the fee on behalf of the prospective school employee.N.Y. Comp. Codes R. & Regs. Tit. 8 § 87.8