New York Laws
Article 61 - Teachers and Supervisory and Administrative Staff
3001-D - Criminal History Record Checks and Conditional Appointments; Nonpublic and Private Schools.

(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.

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