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Educator Integrity

Educator Integrity

Who Must Be Fingerprinted Charts

Applicants for Certification and Employment Situations

Please note: These charts are intended for general guidance only and are not meant to replace a comprehensive review of the requirements of Part 87 of the Regulations of the Commissioner of Education and the Safe Schools Against Violence in Education (SAVE) legislation (Chapter 180 of the Laws of 2001).

Applicants for Certification Chart
 

Applicants for Certification Chart
Applicants for Certificates, Licenses or Permits As of July 1, 2007, all applicants must undergo a fingerprint supported criminal history background check
 
 
Employment/Other Situations Where Fingerprinting is Required Chart
 

Employment/Other Situations Where Fingerprinting is Required Chart
Type of Situation Fingerprinting is required  for the situations described below if:
  • the term of employment is greater than five days,
  • the employment involves direct contact with students under the age of 21, as determined by the employer, and
  • the employee is not otherwise exempt.

Please refer to 8 NYCRR §87.2(k) for a definition of "prospective school employee."
Applicant for employment in public school, charter school or BOCES Yes
Applicant for employment in a private or non-public school If the private or non-public school elects to fingerprint new employees, then it must adhere to the situations covered by this chart for all new employees.  If the private or non-public school elects to not fingerprint new employees, then this chart is not applicable.
Student employee (i.e., lifeguard or tutor) not enrolled in grade level program of same covered school Yes
Clerical staff in covered school who have direct contact with students Yes
Janitorial staff who have direct contact with students Yes
Coaches Yes
Substitute Teachers Yes
Paid Student Teachers or Student Interns Yes - paid student teachers are treated like employees and, therefore, are subject to fingerprinting
Hall Monitors Yes
Bus Monitors Yes
Cafeteria employees Yes
Adult Continuing Education Instructors who have direct contact with students Yes
Home and Hospital Instructors Yes
Sports Officials Yes
Guest Lecturers or Performing Artists in a covered school more than 5 times Yes
Secretary at bus garage who occasionally fills in as a bus aide Yes
Bus Aides/School Bus Attendants Yes -  unless they have been cleared pursuant to section 1229-d of the Vehicle and Traffic Law
Bus Drivers who also serve another role in covered school and have direct contact with students (i.e., janitor) Yes
Individuals who have been fingerprinted for another purpose ( i.e., teachers from another state, former police officers, former daycare workers*) Yes* (If they were fingerprinted by NYCDOE after July 1, 1990, they may be able to have their fingerprint background information sent to SED – Please refer to the OSPRA 104 form for details)
Worker placed in the covered school under a public assistance employment program pursuant to Title 9-B of Article V of the Social Services Law Yes
Employees of contract service providers who are placed within the school Yes
Employees of Supplemental Education Services providers (SES Providers) pursuant to NCLB Yes
 
Employment/Other Situations Where Fingerprinting is Not Allowed Under the Current Legislation Chart
 

Employment/Other Situations Where Fingerprinting is Not Allowed Under the Current Legislation Chart
Type of Situation The situations described below are not covered by the SAVE legislation, therefore the Education Department is not authorized to process fingerprinting applications for these types of individuals. 
Applicant for employment in a private or non-public school If the private or non-public school elects not to fingerprint new employees, they can not fingerprint any employees.
Volunteer No
Non-Certified Special Education School Employees (certified employees are subject to fingerprinting for certification purposes) No
Student employee (i.e., lifeguard or tutor) enrolled in grade level program of same covered school No
Student employee who has no direct contact with students (i.e., summer maintenance helper) No
Unpaid Student Teachers or Student Interns No - unpaid student teachers are treated like volunteers and, therefore, are not subject to fingerprinting
Clerical staff in covered school who have NO direct contact with students No
Janitorial staff who have NO direct contact with students No
Adult Continuing Education Instructors who have no direct contact with students No
Guest Lecturers or Performing Artists who will not be in any particular covered school 5 times or less and they have in-person supervision by a employee of the covered school No
Bus Drivers who have been cleared for employment pursuant to sections 509-cc, 509-d and/or 1229-d of the Vehicle and Traffic Law No
Construction workers (i.e., painters, plumbers, architects) who have NO direct contact with students No