§ 3001-d. Criminal history record checks and conditional appointments;
nonpublic and private schools. 1. a. "Employee" shall mean any
prospective employee of a nonpublic or private elementary or secondary
school which requires the fingerprinting of prospective employees
pursuant to this section, or employee of a contracted service provider
or worker placed within such school under a public assistance employment
program, pursuant to title nine-B of article five of the social services
law, and consistent with the provisions of such title for the provision
of services to such school, its students or employees, directly or
through contract, whereby such services performed by such person involve
direct student contact. Any nonpublic or private elementary or secondary
school which elects to submit for review criminal history information
concerning prospective employees must do so with respect to each such
prospective employee, as defined in this paragraph, in accordance with
this section.

b. "Volunteer" shall mean any person, other than an employee, who
provides services to a nonpublic or private elementary or secondary
school which elects to require the fingerprinting of prospective
employees pursuant to this section, which involve direct student
contact.

2. Any nonpublic or private elementary or secondary school may
require, for the purposes of a criminal history record check, the
fingerprinting of all prospective employees pursuant to section three
thousand thirty-five of this article, who do not hold valid clearance
pursuant to such section or pursuant to section three thousand four-b of
this article or section five hundred nine-cc or twelve hundred
twenty-nine-d of the vehicle and traffic law. Prior to initiating the
fingerprinting process, the prospective employer 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 record search. Every set of
fingerprints taken pursuant to this section shall be promptly submitted
to the commissioner for the purposes of clearance for employment.

3. (a) Any nonpublic or private elementary or secondary school may
conditionally appoint a prospective employee. A request for conditional
clearance may be forwarded to the commissioner along with the
prospective employee's fingerprints. Such appointment may be delayed
until notification by the commissioner that the prospective employee has
been conditionally cleared for employment and shall terminate when the
prospective employer is notified of a determination by the commissioner
to grant or deny clearance, provided that if clearance is granted, the
appointment shall continue and the conditional status shall be removed.
Prior to commencement of such conditional appointment, the prospective
employer shall obtain a signed statement for conditional appointment
from the prospective employee, indicating whether, to the best of his or
her knowledge, he or she has a pending criminal charge or criminal
conviction in any jurisdiction outside the state.

(b) Any nonpublic or private elementary or secondary school may make
an emergency conditional appointment when an unforeseen emergency
vacancy has occurred. When such appointment is made, the process for
conditional appointment pursuant to paragraph (a) of this subdivision
may also be initiated. Emergency conditional appointment may commence
prior to notification from the commissioner on conditional clearance and
shall terminate when the prospective employer is notified by the
commissioner regarding conditional clearance, provided that if
conditional clearance is granted, the appointment may continue as a
conditional appointment. Prior to the commencement of such appointment,
the prospective employer must obtain a signed statement for emergency
conditional appointment from the prospective employee, indicating
whether, to the best of his or her knowledge, he or she has a pending
criminal charge or criminal conviction in any jurisdiction. An
"unforeseen emergency vacancy" shall be defined as: (i) a vacancy that
occurred less than ten business days before the start of any school
session, including summer school, or during any school session,
including summer school, without sufficient notice to allow for
clearance or conditional clearance; (ii) when no other qualified person
is available to fill the vacancy temporarily; and (iii) when emergency
conditional appointment is necessary to maintain services which the
school is legally required to provide or services necessary to protect
the health, education or safety of students or staff.

(c) Each nonpublic or private elementary or secondary school, which
elects to fingerprint prospective employees pursuant to subdivision two
of this section, shall develop a policy for the safety of the children
who have contact with an employee holding conditional appointment or
emergency conditional appointment.

4. Fees. Notwithstanding any other provision of law to the contrary,
the commissioner is authorized to charge additional fees to applicants
for certificates pursuant to this section 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 authorized by
this section.