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.

All prospective employees pay the fees, unless otherwise authorized by the Board of Education.

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. Ifthe Board decides to waive payment of the fees for the prospective employee, payment of the fees becomes the District's responsibility.

Responsibilities of State Education  Department

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.

3)     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:

a.       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  Marcus  Whitman Central 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 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 Rights

A 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 SED's Office of Teaching. 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.

Conditional Appointments

Upon the recommendation of the  Superintendent of  Schools,the  Board of  Education may conditionally appoint a prospective employee.

1)     A request for conditional clearance shall be forwarded by the District to SED along with the prospective employee's fingerprints as mandated pursuant to law.

2)     SED sends fingerprints to DCJS (criminal history record check is estimated to be completed within two to four (2-4) days).

3)     Prior to the commencement of such conditional appointment, the prospective employee must sign a statement indicating whether, to the best of his/her knowledge, he/she has a pending criminal charge or criminal conviction in any jurisdiction outside the state.

4)     Such conditional appointment shall not commence until notification by the Commissioner that the prospective employee has been conditionally cleared for employment; and such conditional appointment will terminate when the Marcus Whitman Central School District is notified of the determination by the Commissioner to grant or deny full clearance.

5)     If full clearance is granted, the appointment shall continue and the conditional status shall be removed.

6)     If the Commissioner determines that more time is necessary for SED to make a clearance determination, the notification provided to the prospective employee and the School District shall include a "good faith estimate" of the amount of additional time needed.

7)     SED shall notify the prospective employee and the Marcus Whitman Central School District after receipt of a prospective employee's fingerprints and request for a determination on conditional clearance.

Emergency Conditional Appointments

Upon the recommendation of the Superintendent, the Board may make an emergency conditional appointment when an unforeseen emergency vacancy has occurred.

1)     Anunforeseenemergency vacancy shall be defined as:

a.       A vacancy that occurred less than ten (10) 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 (however, this ten (10) business day time frame provision shall not apply if the Board finds that the District has been unable to fill the vacancy despite good faith efforts to fill the vacancy in a manner that would have allowed sufficient time for full clearance or conditional clearance); and

b.      When no other qualified person is available to fill the vacancy temporarily; and

c.       When the emergency conditional appointment is necessary to maintain services which the District is legally required to provide or services necessary to protect the health, education or safety of students or staff.

2)    When such an emergency conditional appointment is made, the process for conditional appointment as enumerated above must also be initiated.

3)     Prior  to  the  commencement of  such  emergency  conditional appointment,  the  prospective employee must sign a statement indicating whether, to the best of his/her knowledge, he/she has a pending criminal charge or criminal conviction in any jurisdiction.

4)     The  District  must  send  the  request  for  conditional  appointment to  SED,  along  with  the prospective employee's fingerprints as mandated pursuant to law, for a criminal history record check by DCJS. However, employment pursuant to an emergency conditional appointment may start before SED notifies the District regarding conditional clearance.

5)     Emergency conditional appointment shall terminate twenty (20) business days from the date such appointment commences or when the District is notified by the Commissioner that conditional clearance is either granted or denied, whichever occurs earlier.

6)      If conditional clearance is granted, the appointment shall continue as a conditional appointment.

Safety of Students

Consistent with the District policy for the safety of the children who have contact with an employee holding conditional appointment or emergency conditional appointment, internal building and/or program procedures will be followed to ensure student safety in the classroom, while attending off-campus activities under the supervision of the Marcus Whitman Central School District and while participating in extracurricular and/or co-curricular activities(including sports and athletic activities).

The immediate supervisor or Building Principal shall, upon the commencement of the staff member's employment, meet with the staff member to review safety considerations and expectations for any contact such staff member will have with students. The Superintendent or designee shall promptly notify the immediate supervisor or Building Principal of any changes in the employee's appointment status, including receipt of clearance for employment.

"Sunset" Provision for Conditional Appointments/Emergency Conditional Appointments

The provisions in law which permit the conditional appointment and/or emergency conditional appointment of employees pending full clearance from SED shall terminate, in accordance with legislation, on July 1, 2013; and shall be rescinded as Board policy and procedure as of that date (unless subsequent revisions to applicable law provide otherwise).