In accordance  with the Safe Mentoring  Act, to ensure the safety  of students  involved  in the District's mentoring program, the District will obtain a criminal history record check from the Division of Criminal Justice Services (DCJS) for each prospective employee as well as prospective volunteer mentors who are involved in any District mentoring program and who may engage in unsupervised activities   with   youth   or   in   activities   with   youth   in   a   setting   without   constant   District   or parent/guardian oversight.

Definitions

1)     "Prospective employee" shall mean a person being considered for employment  by a mentoring program.

2)      "Prospective mentor" shall mean an individual who is currently applying to volunteer to help a child or a group of children in a mentoring program for a period of time. Such help shall include, but not be limited to, being a positive role model for youth, building relationships  with youth, and providing youth with academic assistance and exposure to new experiences and examples of opportunity that enhance the ability of children to become responsible adults.

3)     A "criminal  history record" shall mean a record of all convictions  of crimes and any pending criminal  charges   maintained   on  an  individual   by  the  DCJS  and  the  Federal  Bureau   of Investigation (FBI).

4)      "Mentoring program" shall mean a formalized program operated by an educational institution or school district that matches youth with adult volunteers with the purpose of providing such youth with positive role models to enhance their development.

ProspectiveSchool Employees

All prospective  school  employees  (as enumerated  pursuant to Commissioner's  Regulations,  8

New York Code of Rules and Regulations Section 80-1.11 and Part 87) must already receive clearance

from  the State  Education  Department  (SED)  in accordance  with existing  procedures.  However,  all

other requirements of the Safe Mentoring Act apply to prospective school employees who are being

considered for employment by a mentoring program.

The District shall require that a criminal history record check be conducted for any "prospective employee" not otherwise defined as a "prospective school employee" per Commissioner's Regulations in accordance with Social Services Law Section 390-e and District procedures.

Prospective Volunteer Mentors

Volunteers, however, are not "covered" by such regulations, and "prospective mentors" (i.e., defined as applicants for volunteer work in a mentoring role/program) will be subject to the requirements of Social Services Law Section 390-e and District procedures.

Fingerprinting Procedures for Prospective Employees Not Otherwise Covered by 8 NYCRR Section 80-1.11 and Part 87/Prospective Volunteer Mentors

Fingerprinting for prospective employees not otherwise covered by Commissioner's Regulations

Section 80-1.11 and Part 87 and prospective volunteer mentors will be conducted as per the following:

District and Office of Children and Family Services COCFS) Responsibilities

1)     Prior to initiating the fingerprinting process, the District shall:

a.                   Provide prospective employees and prospective volunteer mentors with a form which will, among other things, inform the prospective employee/volunteer mentor of the criminal record check procedures and applicable fees, the prospective employee/volunteermentor's right to withdraw his/her application without prejudice at any time before the volunteer opportunity is offered or declined, and the right of the prospective employee/volunteer mentor to obtain, review and seek correction of his/her criminal history information.

b.                  Obtain the signed, informed consent for each prospective employee/volunteer mentor to perform the criminal history check.

2)     The District will obtain a set of fingerprints and any other information required by the OCFS and the DCJS from each prospective employee/volunteer mentor. The District will provide the applicant with blank fingerprint cards and a description of how the completed fingerprint card will be used upon submission to the District's mentoring program.

3)     The District will promptly transmit the completed fingerprint card and the processing fee to the OCFS. The OCFS shall promptly submit the fingerprint card and the processing fee to the DCJS for its full search and processing.

4)     Upon receipt of a criminal history record from the DCJS, the OCFS shall promptly provide to the District the criminal history record, if any, with respect to the prospective employee/volunteer mentor, or a statement that the individual has no criminal history record.

5)     Upon receipt of the results of a criminal background check, the District shall determine whether or   not  the  prospective   employee/volunteer   mentor   shall   be  offered   employment   or  the opportunity to volunteer with the mentoring program. Such determination shall be made in accordance with the criteria established in Correction Law Section 752 which prohibits unfair discrimination against persons previously convicted of one or more criminal offenses.

6)     Upon the request of any person previously convicted of one or more criminal offenses who has been  denied  employment  pursuant  to  Social  Services  Law  Section  390-e,  the  District  shall provide, within thirty days of such request, a written statement setting forth the reasons for such denial. Any such person denied employment shall be afforded the opportunities for enforcement available pursuant to Correction Law Section 755.

Fees for Fingerprinting

Both the 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. Inaddition, the entity that actually takes the fingerprints may impose a fee. The fees shall be payable to OCFS and paid by money order, check or certified check by the District.

Unless  otherwise  authorized  by  the  Board  of  Education,  the  prospective  employee  and/or prospective volunteer mentor shall pay such fees.

WaiverbyCustodial Parent/Guardian

A custodial parent/guardian  may sign a waiver authorizing a mentor to work with his/her child regardless of a criminal charge or crime related to a mentor, unless the crime is a sex offense or a crime against a child. No waiver is permitted in the case of a sex offense or a crime against a child. This waiver process may only be initiated upon the consent of the prospective  mentor, and be on a form developed by the OCFS. Where applicable, the District may notify a custodial parent/guardian of his/her waiver right, but a waiver shall only be authorized by a custodial parent/guardian.

Confidentiality

The criminal history record shall be confidential pursuant to applicable federal and state laws, rules  and  regulations,  and  shall  not  be  published  or  in  any  way  disclosed  to  persons  other  than authorized personnel,unless otherwise authorized by law.

 Parental/Guardian Disclosure