"I am writing to request greater information about the New York City Department of Education’s (NYCDOE) practice of assigning ‘Problem Codes’ to the records of New York City educators who lawfully chose not to receive COVID-19 vaccinations," the letter said. "Moreover, the Department sent educators’ fingerprints to the Federal Bureau of Investigation (FBI) and the New York Criminal Justice Services."
The letter was signed by House members including Representatives Nicholas Langworthy, Andrew Garbarino and Elise Stefanik.
Earlier this year, New York City officials incorrectly claimed that the Problem Codes are not part of a permanent personnel record and are not shared with any external organizations, the letter said.
Problem Codes were added to all employees who were placed on vaccine mandate leave, the letter said. The city used the same Problem Code for unvaccinated teachers as it uses for individuals accused of molesting, raping or harming a child, the letter said.
The Problem Codes can have a "profoundly negative impact" on flagged educators and can hinder their future employment prospects, the letter said. Educators are often unaware they have been flagged until they face employment rejections elsewhere, the letter said.
"City Hall’s false and misleading statements regarding the existence, nature, utilization, and impact of Problem Codes on teachers’ livelihoods cannot be accepted at face value. The City has been less than forthcoming about the Problem Codes issued to educators," the letter said.
The lawmakers are requesting that Banks provide them with information on the purpose and utilization of Problem Codes by the city, explain discrepancies in their claims and clarify the transfer of fingerprint information to law enforcement, according to the letter.
The letter also requests information on what measures may be taken to rectify any "unjust consequences" faced by educators as a result of the Problem Codes, as well as whether the city has any plans to revise their practices.