This page was last updated on September 17, 2024 at 9:13 AM.
Overview
Chancellor’s Regulation C-105 - Background Investigations of Pedagogical and Administrative Applicants and Procedures in Cases of the Arrest of Employees stipulates that no one may be employed by, work in, or provide services to the Department of Education without completing the security clearance process. This process includes undergoing a background investigation and receiving security clearance, specific to the position sought, by the DOE’s Office of Personnel Investigation (OPI) within the Office of Employee Relations The security clearance process and background investigation mandated by Chancellor’s Regulation C-105 is in addition to any other background investigation and/or fingerprinting that may be required for specific classes of employees by other regulations of the Chancellor or by other city and state agencies.
Security Clearance Process
The security clearance process begins with an active nomination to be employed by, to work in, or to provide services to the Department of Education. As part of the security clearance process, all applicants are subject to a background investigation, which includes being fingerprinted and completing an online background questionnaire in order for the nomination to advance.
The background investigation process consists of a review of a combination of the following:
- Review of the background questionnaire
- Criminal history records obtained from DCJS and the FBI
- Employment History
- Employment Eligibility
- Military Service
- Substantiated reports from the DOE’s internal and external investigatory offices and agencies
- Any other relevant information related to an applicant’s character, conduct, or background.
New York State Corrections Law - Article 23-A
In reviewing an applicant’s record which includes a previous criminal conviction, the Department of Education complies with the New York Corrections Law Article 23-A. This law prohibits an employer from unfairly discriminating against a person previously convicted of one or more criminal offenses. Article 23-A requires employers to evaluate qualified job seekers and current employees with conviction histories fairly and on a case-by-case basis.
Review of Credentials and Prior Work History
OPI will verify, where appropriate, previous work history and applicant credentials. Applicants will be asked to explain the circumstances related to any adverse ratings or disciplinary actions in prior employment.
Intentional falsification of credentials will constitute automatic grounds for denial of security clearance.
Any applicant denied security clearance pursuant to the findings and recommendations of OPI may undergo a new review to determine security clearance no sooner than 12 months after denial provided the applicant has a new valid nomination at that time. Any new information or mitigating factors during this period will be assessed, in addition to previously known information at the time of the new security clearance review.
Questions about background checks, fingerprints, or any other matter related to security clearance can be directed to OPIINFO@schools.nyc.gov.