Section 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.