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How do I get fingerprint cards?
Fingerprint packets should be available at any local school
district, charter school, BOCES, institutions of higher education with teacher
preparation programs or by sending a request to OSPRA. Instructions on the
fingerprint process (OSPRA 100) may be downloaded from this web site.
Click on the 
icon to apply for fingerprint clearance.
Contact OSPRA - Fingerprinting
Unit
Fingerprinting Process from Start to Finish
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Where do I get fingerprinted?
You may get fingerprinted at BOCES, school districts, institutions
of higher education, state and local criminal justice agencies and other entities
designated by SED. You can ask your prospective employer where you can go
to be fingerprinted. top
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How much does it cost?
There is a $94.25 fingerprint processing fee. Additionally,
the fingerprint entity that actually rolls the fingerprints may charge
a separate fee, which may vary by location. The $94.25 fee must be paid
by certified check, money order, or school check payable to the New
York State Education Department. The $94.25 fee is transferred by SED
to
DCJS for
the state criminal background check and the FBI for the national criminal
background check. top
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How long does it take to get a clearance?
Generally, it takes the Education Department approximately
12-16 weeks from the time OSPRA receives your fingerprint packet until
a clearance is mailed to you and the covered school and/or the Office
of Teaching Initiatives. Online applications and payments will be processed
within 2 - 4 weeks of reciept of your fingerprint cards. If your fingerprints
are rejected or you have a criminal history, resolution of your fingerprint
clearance will take longer.
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Who gets notified of the clearance?
If you are seeking clearance for employment in a school district, charter
school or BOCES, a copy of the clearance is mailed to you and the school district,
charter school or BOCES. If you are seeking clearance for certification, a
copy of the clearance is sent to you and the Office of Teaching Initiatives.
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What is a conditional clearance?
A conditional clearance for employment is a determination
by SED that based upon its review of a prospective school employee's criminal
history record obtained from
DCJS, such
individual may be employed by a board of cooperative educational services,
charter school, or school district in New York State on a conditional appointment,
provided that all other requirements for employment are met. The actual conditional
appointment is at the discretion of the covered school. Certain conditions
must be in place for a school district to make a conditional appointment,
such as the individual must sign a statement indicating whether he or she
has a pending criminal charge or a criminal conviction in any state outside
of New York state and the covered school must have a mandatory safety policy
in place.
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What is an emergency conditional appointment?
Covered schools that have adopted a mandatory safety policy and that are
unable to wait for a clearance from the Department due to an unforeseen vacancy
(occurring less than 10 days before the start of any school session; when
no other qualified individual is available; and when it is necessary to maintain
services which the district is legally required to provide to protect the
health, education or safety of students or staff) may make an emergency conditional
appointment for a prospective employee. Emergency conditional appointments
may be made only in certain limited circumstances and have a 20-day duration.
The applicant must send his or her fingerprints to the Department for processing
and must sign a statement indicating whether he or she has a pending criminal
charge or a criminal conviction in any jurisdiction.
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What types of individuals are exempt from
the fingerprinting requirement?
Volunteers and employees who have no direct contact
with students, are examples of individuals who are exempt. There are
also special rules that apply to performing artists, guest lecturers
who will be in a covered school five days or less. Please refer to the Part
87 of the Commissioner's Regulations for the definition of prospective
school employee. top
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What if my background check reveals a
crime?
If a background check reveals a crime, an analysis must be
conducted by SED in accordance with the standards set forth in the Executive
Law § 296(16) and the Corrections Law §§ 752 and 753 to determine whether
a clearance should be issued. If it is determined that there may be an impediment
to issuing a full clearance, you have certain due process rights depending
on whether you are an applicant for certification, or an applicant for employment
either for a certified position or for a position for which no certification
is necessary. top
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What are my due process rights if I am
requesting clearance for employment and my background check reveals a crime?
You have due process rights as outlined in
Part 87.5 of the Commissioner's Regulations.
For a general description of those rights, please see the section on fingerprinting
due process. top
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What if I am an applicant for certification
or a currently certified teacher and my criminal background check reveals
a crime?
You have due process rights as outlined in
Part 83 of the Commissioner's Regulations. For a
general description of those rights, please see the section on teacher discipline
due process. top
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What if I have been fingerprinted for
employment before?
It depends on why you were fingerprinted. If you were fingerprinted
after July 1, 2001 and you submitted your fingerprints to the State Education
Department pursuant to the SAVE Legislation, then you do not need to be fingerprinted
again for subsequent employment in a covered school, irrespective of whether
you ever worked there, or for subsequent applications for certification. If
you were fingerprinted for another type of employment, such as a daycare worker,
a security guard, a police officer, etc., you need to be fingerprinted again.
The information that is contained in the reports that were generated as a
result of those fingerprinted is maintained by another entity and is confidential.
The Education Department does not have access to that information for making
the determinations relating to employment and certification that it is under
an obligation to make. top
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How can a school district, BOCES, charter
school or other institution become an approved fingerprinting entity?
A three-hour training program offered by
DCJS is
available to those who will be doing the fingerprinting. There is no charge
for this program and
DCJS will
schedule the training at your location. To make arrangements for the training
you should contact.
Division of Criminal Justice Services
Civil Identification Bureau
Executive Park Tower
4 Tower Place
Stuyvesant Plaza
Albany, NY 12203-3764
(518) 402-2752
(This number is exclusively for fingerprint training information.)
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Where do I get additional information
on the fingerprinting process?
You may contact the OSPRA office directly
via regular mail, email, fax or by telephoning OSPRA during the telephone
hours. Please note that any communication with OSPRA subsequent to the
submission of your fingerprints MUST include your social security number.
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