Pupil Transportation

Fingerprinting Clearance - District & Contracted Employees Finger Print Image

Many school districts understand the importance of compliance with NYSED regulations and make great strides to comply and remain compliant, especially when it comes to background checks and fingerprinting.

While districts are fully aware of the need to perform the proper procedures mandated by law and regulation, many districts may not be aware these same procedures are mandated for individuals who contract with the district. According to 8NYCRR 87.2 (k)(1)(2), a school employee is defined as:

(k) Prospective school employee means any individual:

          (1) who is either:

(i) seeking a compensated position with a covered school and is not currently employed by such covered school or a student enrolled in the instructional program of a grade level in such covered school;

(ii) an employee of a provider of contracted services to a covered school who is to be placed within such covered school; or

(iii) a worker who is to be placed within a covered school under a public assistance employment program pursuant to title 9-B of article V of the Social Services Law, directly or through contract;

(2) who will reasonably be expected by such covered school to provide services which involve direct contact, meaning in person, face-to-face communication or interaction, with students under the age of 21; and…

To be specific, when it comes to contracting pupil transportation services, all school bus drivers, monitors and attendants are mandated to have clearance for employment by the district.

School Bus Drivers

The fingerprints of newly hired School Bus Drivers must be submitted to DMV within 10 days of hiring. Drivers are fingerprinted and cleared in accordance with VTL 509cc, which NYSED exempts from this regulation in 8NYCRR 87.2 (k)(3):

               (3) excluding individuals who:

(i) are seeking a position as a school bus driver or school bus attendant and are cleared for employment pursuant to sections 509-cc, 509-d and/or 1229-d of the Vehicle and Traffic Law after fingerprinting and a criminal history record check and whose fingerprints remain on file with DCJS;

(ii) have provided services for the covered school in the previous school year either: in a compensated position, or as an employee of a provider of contracted services to such covered school, or as a worker placed within the covered school under a public assistance employment program pursuant to title 9-B of article V of the Social Services Law directly or through contract;

(iii) will reasonably be expected by such covered school to provide services for the covered school on no more than five days in the school year in which services are to be performed, provided that the covered school provides in-person supervision of such individual by one or more employees of the covered school while that individual is providing such services. Individuals providing such time-limited and supervised services may include but shall not be limited to: artists, guest lecturers and speakers, and sports officials.

Districts should provide their contractors with the necessary information (i.e. BEDS Code) to perform the required fingerprinting and link the employee back to the district. This step is crucial for districts to be informed when an employee has a potential issue or has been disqualified. For drivers, the Department of Motor Vehicles will notify the district, carrier and employee of any infractions that may disqualify the individual from driving.

 

School Bus Monitors & Attendants

All monitors and attendants hired after July 1, 2001 must be fingerprinted for the NYSED criminal history check/ file (MANDATE - SED Regulation 8 NYCRR 87.4 and 87.2 h1).

(l) NYSED criminal history file means the file of criminal history information maintained by the State Education Department of individuals who were fingerprinted and subject to a criminal history record check and who have not been removed from such file pursuant to the requirements of section 87.7 of this Part.

Again, districts should provide their contractors with the necessary information (i.e. BEDS Code) to perform the required fingerprinting and link the employee back to the district. This step is crucial for districts to be informed when an employee has a potential issue or has been disqualified. For attendants and monitors, the Division of Criminal Justice Services will notify NYSED when an employee or contracted employee is convicted of a crime. NYSED will review the conviction to determine disqualification.  If an employee or contracted employee is disqualified by NYSED, that information will be placed on the TEACH system. Districts are encouraged to periodically check the TEACH system to confirm employee qualification.

Note: If a school bus driver who has been printed through DMV wants to perform in another covered role governed by SED (as a School Bus Attendant or Monitor), the school needs to submit to NYSED a request for clearance for that individual.

Therefore, in order to be and remain complaint, school districts are being asked to ensure that all their contracted employees, especially school bus monitors and attendants, are cleared for employment by ensuring the proper background checks have been completed.

Last Updated: May 3, 2019