Foreword contained herein are the regulations and/or procedures formulated by the administrators of the Buffalo City School District. The organizing system in this manual utilizes the same numerical coding as in the Buffalo City School District Policy
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- SUBJECT: FINGERPRINTING OF PROSPECTIVE SCHOOL EMPLOYEES
- SUBJECT: FINGERPRINTING OF PROSPECTIVE SCHOOL EMPLOYEES (Contd.)
- Appeal Rights
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Signature of claimant____________________________________________________ Date Submitted: ______________________________ Upon return from trip, please complete this form, sign it, attach receipts and approved Personal Leave form and forward your claim to: Your department supervisor Location # Buffalo, NY 14202 2005 6180R 1 of 7
(Continued) 2005 6180R 2 of 7
SUBJECT: FINGERPRINTING OF PROSPECTIVE SCHOOL EMPLOYEES (Cont'd.)Who Must Be Fingerprinted All "prospective school employees" of the Buffalo City School District must be fingerprinted. For purposes of this regulation and the applicable provisions in law and Commissioner's Regulations, "prospective school employee" shall mean any individual who will reasonably be expected by the School District to provide services which involve direct contact, meaning in person, face-to-face communication or interaction, with students under the age of twenty-one (21) and who is either: 1) Seeking a compensated position with the District and is not currently employed by the District or a student enrolled in the instructional program of a grade level in the School District; or 2) An employee of a provider of contracted services to the Buffalo City School District who is to be placed within the District; or 3) A worker who is to be placed within the 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 4) Any individual who is employed by or associated with a supplemental educational services provider and who will provide supplemental educational services through direct contact with eligible children, regardless of the location in which such services are delivered. 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: 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 Have continuously provided services to the District since prior to July 1, 2001 either in a compensated position, or as an employee of a provider of contracted services to the District, or as a worker placed within the Buffalo City 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 Will reasonably be expected by the Buffalo City School District to provide services for the District on no more than five (5) days in the school year in which services are to be (Continued) 2005 6180R 3 of 7
SUBJECT: FINGERPRINTING OF PROSPECTIVE SCHOOL EMPLOYEES (Cont'd.)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. Who Must Perform the Fingerprinting Although the District is responsible for securing the fingerprints of all prospective employees, a "designated fingerprinting entity" means one of the following types of entities: school districts, boards of cooperative educational services, charter schools, state and local criminal justice agencies, institutions of higher education, and other entities as designated by SED. Fees for Fingerprinting Both DCJS and the FBI impose a processing fee. The fees for the criminal history record search shall be an amount equal to the fees established, pursuant to law, by DCJS and the FBI for processing the criminal history information request. In addition, the entity that actually takes the fingerprints may impose a fee. The fees shall be payable to SED and paid by money order or check of the District or certified check. Presumably, unless otherwise authorized by the Board of Education, the prospective employee pays the fees. 1) However, employees participating in a public assistance employment program or receiving employment services through the federal Temporary Assistance for Needy Families block grants are not responsible for the fees. Under those circumstances, the fees are paid by the Social Services District making the employment placement or assignment. 2) On a form prescribed by the Commissioner, a prospective employee may submit to the Board of Education a request that the fees be waived. The Board is permitted to waive payment of the fees in case of unreasonable financial hardship to the applicant or his/her family. If the Board decides to waive payment of the fees for the prospective employee, payment of the fees becomes the District's responsibility. (Continued) 2005 6180R 4 of 7
SUBJECT: FINGERPRINTING OF PROSPECTIVE SCHOOL EMPLOYEES (Cont'd.)Responsibilities of SED 1) Upon receipt of fingerprints from a prospective employee (via the School District), SED shall submit the fingerprints of prospective employees in the District to DCJS and the FBI for criminal history background checks. 2) Where the criminal history record check reveals no criminal record, SED shall issue a clearance for employment to the District, and shall notify the prospective school employee of such clearance for employment. Where the criminal history record check reveals that the prospective school employee was convicted of a crime or has a pending criminal charge, SED shall review such record and apply the standards for granting or denial of a license or employment application set forth in Correction Law Section 752 and shall consider the factors specified in Correction Law Section 753. Article 23-A of the Correction Law prohibits denying a license or employment to a convicted offender or from a finding that an applicant lacks "good moral character" when a finding is based on a criminal conviction, unless: There is a direct relationship between the criminal offense(s) and the license/employment sought; or b. Granting the license/employment sought would involve an unreasonable risk to property or to the safety or welfare of specific individuals or the general public. A certificate of relief from disabilities or a certificate of good conduct issued to the individual creates a presumption of rehabilitation regarding the offense(s) specified in the certificate. 4) The criminal history reports are also subject to Executive Law Section 296(16), which prohibits discrimination in licensing or employment based upon any arrest or criminal accusation no longer pending which was terminated in favor of an individual. 5) If, after such review, SED determines that clearance for employment shall be granted, the department shall "promptly" issue such clearance for employment to the Buffalo City School District. 6) If, after such review, SED determines that a prospective school employee's criminal history record demonstrates a basis to deny clearance for employment, SED will issue a notice to the prospective school employee as mandated pursuant to Commissioner's Regulations. The notification will also inform the prospective school employee that he/she has a right to submit a (Continued) 2005 6180R 5 of 7
SUBJECT: FINGERPRINTING OF PROSPECTIVE SCHOOL EMPLOYEES (Cont'd.)response to SED indicating why clearance for employment should be granted and the appeal process to be followed. Additional procedures to be followed by SED in determining clearance for employment will be as enumerated in Commissioner's Regulations. Appeal RightsA prospective employee may appeal a denial of clearance for employment by SED, based upon the review of his/her criminal record, by directing such appeal to the Executive Coordinator of the Office of Teaching of SED. The record review process will be in accordance with Commissioner's Regulations. Confidentiality of Reports 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. Refusal to Consent to Fingerprinting If a prospective employee refuses to consent to be fingerprinted, the District cannot employ the prospective employee. Download 1.47 Mb. Share with your friends:
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