2006 New York Code - Appointment Of Assistant, District Or Other Superintendents, Teachers And Other Employees; Their Salaries, Et Cetera.

 
    § 2573. Appointment  of  assistant, district or other superintendents,
  teachers and other employees; their salaries, et cetera. 1. (a) Teachers
  and all other members of  the  teaching  staff,  authorized  by  section
  twenty-five  hundred  fifty-four  of this article, shall be appointed by
  the board of education, upon the recommendation of the superintendent of
  schools, for a probationary period of three years, except  that  in  the
  case  of  a  teacher  who has rendered satisfactory service as a regular
  substitute for a period of two years or as  a  seasonally  licensed  per
  session  teacher  of  swimming  in  day  schools  who has served in that
  capacity for a period of two years and has been appointed to  teach  the
  same subject in day schools on an annual salary, the probationary period
  shall  be  limited to one year; provided, however, that in the case of a
  teacher who has been appointed on  tenure  in  another  school  district
  within  the  state,  the  school district where currently employed, or a
  board of cooperative educational services, and  who  was  not  dismissed
  from  such  district or board as a result of charges brought pursuant to
  subdivision one of section three thousand twenty-a of this chapter,  the
  probationary  period shall not exceed two years; provided, however, that
  in cities with a population of one million or more, a teacher  appointed
  under  a  newly  created  license,  for  teachers  of reading and of the
  emotionally handicapped, to a position which the teacher has held for at
  least two years prior to such appointment while  serving  on  tenure  in
  another  license  area  who  was  not  dismissed  as a result of charges
  brought pursuant to subdivision one of section three  thousand  twenty-a
  of  this chapter, the probationary period shall be one year. The service
  of a person appointed to any of such positions may  be  discontinued  at
  any  time  during such probationary period, on the recommendation of the
  superintendent of schools, by a majority vote of the board of education.
  Each person who is not to be recommended for appointment on tenure shall
  be so notified by the superintendent of schools  in  writing  not  later
  than sixty days immediately preceding the expiration of his probationary
  period.  In  city  school  districts having a population of four hundred
  thousand or  more,  persons  with  licenses  obtained  as  a  result  of
  examinations  announced  subsequent  to  the  twenty-second  day of May,
  nineteen hundred sixty-nine appointed upon conditions that all announced
  requirements for the position be fulfilled within a specified period  of
  time,  shall  not acquire tenure unless and until such requirements have
  been completed within the time specified for  the  fulfillment  of  such
  requirements, notwithstanding the expiration of any probationary period.
  In  all  other  city  school districts subject to the provisions of this
  article, failure to maintain certification as required by  this  article
  and  by  the regulations of the commissioner of education shall be cause
  for removal within the meaning of subdivision five of this section.
    (b) Administrators, directors, supervisors, principals and  all  other
  members of the supervising staff, except executive directors, associate,
  assistant,   district   and  community  superintendents  and  examiners,
  authorized by section twenty-five hundred fifty-four  of  this  article,
  shall be appointed by the board of education, upon the recommendation of
  the  superintendent  or chancellor of schools, for a probationary period
  of three years. The service  of  a  person  appointed  to  any  of  such
  positions may be discontinued at any time during the probationary period
  on  the  recommendation  of the superintendent of schools, by a majority
  vote of the board of education.
    2. The chancellor shall require, in  anticipation  of  the  reasonable
  needs  of  the  school  system, that interviews and performance tests be
  conducted for  teaching  service  positions,  pursuant  to  section  two
  thousand  five  hundred  sixty-nine  of this article, so that qualifying
  eligible lists may be ready for promulgation as soon as  vacancies  come
  into  existence.    Where  vacancies already exist, and cannot be filled
  because eligible lists have been exhausted, the chancellor shall require
  interviews and performance tests to be  conducted  forthwith  and  shall
  have lists available for promulgation within six months from the date of
  the  administration  of  the  test.  Appropriate  procedures for filling
  supervisory positions  shall  be  established  pursuant  to  regulations
  promulgated  by  the  chancellor  and qualifying eligible lists shall be
  promulgated and thereafter supplemented annually  Supervisory  positions
  shall  be  filled  in  accordance  with  regulations  promulgated by the
  chancellor; supervisors who are properly assigned or  appointed  through
  such  regulations  shall  be considered appointed in the license area of
  the supervisory position. Appointments shall be  made  from  appropriate
  eligible  lists in accordance with regulations of the chancellor to fill
  all existing vacancies not later than six months from the  date  of  the
  existence  of such vacancy, except that the board of education may defer
  such appointments until the opening of school following  the  expiration
  of such six month period.
    3.  Associate  superintendents,  examiners  and  all  other  employees
  authorized by section twenty-five hundred fifty-four  of  this  article,
  except  as  otherwise provided in subdivision one of this section, shall
  be appointed by the board of education except that in  the  city  school
  districts  of  the  cities  of  Buffalo  and  Rochester,  the associate,
  assistant and district superintendents and all other  supervising  staff
  who  are  excluded  from  the  right to bargain collectively pursuant to
  article fourteen of the civil service law  shall  be  appointed,  within
  amounts  budgeted  therefor,  by  the superintendent of such city school
  district. In a city having a population of one  million  or  more,  such
  appointments  shall  be  made  on  nomination  of  the superintendent of
  schools. Notwithstanding any other provision  in  this  chapter  to  the
  contrary,  whenever an associate superintendent of schools in the employ
  of the board of education in a city having a population of  one  million
  or  more  fails  of  reappointment,  said  person  shall  be immediately
  appointed  an  assistant  superintendent  of  schools   with   permanent
  appointment   as   said   term   permanent  appointment  is  defined  in
  subdivisions four, five and six of this  section.  The  salary  of  such
  assistant  superintendent  shall be less than the salary of an associate
  superintendent, but said differential in salary shall not exceed ten per
  centum of the annual salary of an associate superintendent  of  schools.
  When,  however,  an  associate  superintendent  of  schools who fails of
  reappointment has to his credit thirty or more  years  of  city  service
  including  ten or more years of service as such associate superintendent
  of schools, he shall  suffer  no  reduction  of  salary  or  of  pension
  prospects while serving as such assistant superintendent of schools.
    4.   Clerks,   draftsmen,  inspectors,  chemists,  tabulating  machine
  operators,   secretaries,   stenographers,   copyists,    statisticians,
  janitors,  custodians, custodian-engineers, and all other administrative
  employees of a board of education, unless  otherwise  provided  in  this
  chapter,  shall  be  appointed for a probationary period provided in the
  civil service law and regulations based thereon. The service of a person
  appointed to any of such positions may be discontinued by the  board  of
  education  at any time during such probationary period. Such persons who
  have served the full probationary period  shall  hold  their  respective
  positions  during good behavior and efficient and competent service, and
  shall not be removed except for cause after a hearing by the affirmative
  vote of a majority of the board.
    5. At the expiration of the probationary term of any persons appointed
  for such term, the superintendent of schools shall make a written report
  to the board of education recommending for permanent  appointment  those
  persons  who have been found competent, efficient and satisfactory. Such
  persons and all others employed in the teaching, service of the  schools
  of  a  city,  who  have  served  the  full  probationary period, or have
  rendered  satisfactorily  an  equivalent period of service prior to June
  eighth,  nineteen  hundred  seventeen,  shall  hold   their   respective
  positions  during good behavior and efficient and competent service, and
  shall not be removable except for cause after a hearing as  provided  by
  section three thousand twenty-a of such law. In a city in which teachers
  did  not  have  permanent  tenure  under the laws in force prior to June
  eighth, nineteen hundred seventeen, such teachers shall be  entitled  to
  receive  permanent  appointments  after  serving the probationary period
  fixed by the board of education as herein provided.
    6. In a city having a population of four hundred thousand or more,  at
  the  expiration  of  the  probationary term of any persons appointed for
  such term, the superintendent of schools shall make a written report  to
  the  board  of  education  recommending  for permanent appointment those
  persons who have been found satisfactory and  such  board  of  education
  shall   immediately   thereafter   issue   to   such  persons  permanent
  certificates of appointment. Such persons and all others employed in the
  teaching service of the schools of such city, who have served  the  full
  probationary  period,  or  have  rendered  satisfactorily  an equivalent
  period of  service  prior  to  March  twenty-seventh,  nineteen  hundred
  thirty-five,  shall  receive  permanent  certificates to teach issued to
  them by the certificating authority, except  as  otherwise  provided  in
  subdivision  ten-a  of  this  section,  and  shall hold their respective
  positions during good behavior and satisfactory  teaching  service,  and
  shall  not  be removable except for cause after a hearing as provided by
  section three thousand twenty-a of this chapter.
    8. No charges under this section shall  be  brought  more  than  three
  years  after  the  occurrence  of the alleged incompetency or misconduct
  except where the charge is of misconduct which  resulted  in  conviction
  for a crime.
    9.  No  principal, supervisor, director, or teacher shall be appointed
  to the teaching force of a city  who  does  not  possess  qualifications
  required  under this chapter and under the regulations prescribed by the
  commissioner of education for the persons employed in such positions  in
  the  schools  of  the  cities of the state, but a board of education may
  prescribe additional or higher qualifications for the  persons  employed
  in any of such positions.
    10.  (a)  In  a  city  having  a  population  of  one million or more,
  recommendations for appointment to the teaching service  shall  be  from
  the  first  three persons chosen by random selection from the qualifying
  eligible lists prepared by the chancellor. Competitive eligible lists in
  existence at the time of enactment of  this  subdivision  shall  not  be
  merged  and  any  such  lists  shall be exhausted or have expired before
  nominations are made  from  a  qualifying  list  of  a  subsequent  date
  promulgated   hereunder.   Qualifying  eligible  lists  for  supervisory
  positions shall be merged with any subsequently promulgated lists in the
  same license area so that there shall  be  one  continuing  non-expiring
  eligible  list for each license area. No competitive eligible list shall
  remain in force for a longer period than four years, nor have a life  of
  less  than  three years. No competitive eligible list now in force shall
  terminate any sooner than four years from  the  date  on  which  it  was
  promulgated.  The  board  of  education,  on  the  recommendation of the
  chancellor shall designate, subject to  the  other  provisions  of  this
  chapter,  the  kind  and  grades of licenses which shall be required for
  service as principal, branch principal, director, supervisor or  teacher
  of a special branch, head of department, assistant, school psychiatrist,
  school  psychologist,  school  medical  inspector, school social worker,
  school social caseworker, school secretary, industrial or  trade  helper
  in  vocational  schools,  school librarian, laboratory assistant, or any
  other  position  of  the  teaching  staff together with the academic and
  professional qualifications required for each kind or grade of  license.
  No  person  required  to  have  a  license  under the provisions of this
  chapter in order to be employed in a position who  does  not  have  such
  license  shall  have  any claim for salary, except that a person who has
  been assigned to teach in a subject or field not specifically covered in
  his license but on the same rank or level of service shall  be  entitled
  to his salary.
    (b)  Qualifying  eligible lists for teaching and supervisory positions
  shall consist of the names of all persons who have met  the  eligibility
  requirements  for  appointment  as defined by the chancellor pursuant to
  sections two thousand  five  hundred  ninety-j  and  two  thousand  five
  hundred  sixty-nine  of  this  chapter.  Where  the  regulations  of the
  commissioner do not identify a state certificate that corresponds  to  a
  license  utilized  by  the  city  school  district, the chancellor shall
  develop and  administer  an  examination  appropriate  to  the  license,
  provided  the  development of such examination and the passing score are
  based upon appropriate validity studies  conducted  in  accordance  with
  professional  standards  of measurement. For teaching service positions,
  competitive eligible lists in existence on the effective  date  of  this
  paragraph  shall  not  be  merged.  Subsequently  promulgated qualifying
  eligible lists in the same license area shall be merged  so  that  there
  shall  be  one  qualifying  eligible  list  for  each  license  area. No
  candidate shall remain on the qualifying eligible list longer than seven
  years from the date the candidate is placed on the  qualifying  eligible
  list.  This  paragraph  does not affect the examinations for teaching or
  supervisory service positions announced by the board of examiners  prior
  to the effective date of this paragraph.
    (i)  Each  year, the chancellor shall direct the division of personnel
  to select by random selection from among candidates  who  are  available
  for assignment and who are on the qualifying eligible lists for teaching
  positions  in  existence  on  such date for each license area, a list of
  prospective appointees deemed to be sufficient to meet the needs of  the
  school  system  for  the  next  school  year.  The  random  selection to
  establish the initial list of prospective appointees shall be held prior
  to April first, nineteen hundred ninety-one. In any instance  where  the
  list  of  prospective  appointees  is  insufficient for the twelve month
  period, the chancellor shall direct the division of personnel to  select
  by   random  selection  additional  candidates  who  are  available  for
  assignment and who are on qualifying eligible lists in order to  compile
  a supplementary list of prospective appointees.
    (ii)  Candidates selected by a random selection system and whose names
  appear on the list of  prospective  appointees  for  teaching  positions
  shall  be  assigned  to  community  districts and to divisions under the
  jurisdiction of the chancellor in the order in which  their  names  were
  selected by such system provided that each appointment by the chancellor
  or  community  board  as  appropriate shall be made from among the first
  three persons so assigned.
    (iii) Lists of prospective appointees for teaching positions shall not
  be merged  and  a  list  shall  be  exhausted  or  have  expired  before
  assignments are made from a list of prospective appointees selected by a
  random selection procedure of subsequent date. No candidate shall remain
  on  the  list of prospective appointees longer than seven years from the
  date that the candidate was placed on the qualifying eligible list.
    10-a. In the city school district of the city of Buffalo,  members  of
  the  teaching  and supervising staff appointed on or after the effective
  date of this subdivision shall be required  to  hold  a  state  teaching
  certificate,  but  shall not be required to hold a license issued by the
  Buffalo  city  school  district.  Persons  appointed to the teaching and
  supervising staff prior to such effective date  may  continue  to  serve
  under  a  license  issued  by such city school district and the board of
  education shall be authorized to issue permanent licenses and  permanent
  certificates  of  appointment  after such effective date to such persons
  who fulfill all  announced  requirements  for  the  position  that  were
  imposed at the time of appointment. Nothing in this chapter shall affect
  the  rights  of  persons serving pursuant to appropriate licenses issued
  prior to the effective date of this subdivision or require such  persons
  to obtain certifications or licenses not previously required of them.
    11.  In  a city have a population of one million or more, the board of
  education, subject to the approval of  the  commissioner  of  education,
  shall  have  power  to authorize the superintendent of schools to assign
  any teacher employed to teach any subject or  subjects  other  than  any
  specific  subject for which such teacher is licensed. No such assignment
  shall be made unless the superintendent of schools shall have  certified
  that  such  teacher  is  competent  to  teach  the  assigned  subject or
  subjects. The superintendent of schools with the approval of  the  board
  of education, shall have power to make rules and regulations in relation
  to  ascertainment  of  competency  of  teachers  to  teach such assigned
  subject or subjects. The assignment of  a  teacher  to  teach  any  such
  assigned  subject  shall not operate to change the rank or level of such
  teacher from that which he or she occupied prior to such assignment.
    12. The salaries of all members of the supervising and teaching  force
  and  of  all  employees  and  for all positions authorized under section
  twenty-five hundred four of this article shall continue to be not  lower
  than  such  salaries  were  on  June eighth, nineteen hundred seventeen.
  Rules and regulations shall be adopted governing  excusing  of  absences
  and for the granting of leaves of absence either with or without pay.
    13.  Teachers  appointed  in  the schools or classes maintained in the
  institutions controlled by the department of correction of the  city  of
  New  York  shall  be appointed by the commissioner of correction of such
  city upon the nomination of the superintendent of schools of  such  city
  and  shall  be  licensed  by  the  board  of  examiners  of the board of
  education of such city.
    15. Notwithstanding any other provision of this section no  period  in
  any  school year for which there is no required service and/or for which
  no compensation is provided shall in any event  constitute  a  break  or
  suspension  of probationary period or continuity of tenure rights of any
  of the persons hereinabove described.
    16. In the city school district of the city of New York, the board  of
  education shall ascertain prior to August first, nineteen hundred sixty,
  and  annually  thereafter  the  number  of  appointments  which  will be
  required for the duration of not less than a term of the ensuing  school
  year  by  reason of leaves of absence granted to members of the teaching
  staff serving on tenure. The board shall thereupon  establish  and  make
  appointments  to  positions  of  replacement teachers in a number which,
  including any such teachers already  serving  as  a  result  of  earlier
  appointment,  shall  be  at  least  equal,  if possible, and, if not, as
  nearly as possible, to two-thirds of the minimum number of such teachers
  expected to be absent on leave at any one  time.  Such  positions  shall
  constitute  a pool from which the board shall assign teachers to replace
  the teachers who are absent on leave. Appointments to such positions  of
  replacement  teachers  shall be made from the appropriate eligible lists
  for the positions for which such replacement teachers will  be  required
  as determined by the board. Such positions of replacement teachers shall
  be  in all respects permanent positions in the school system and persons
  duly  appointed  by the board to such positions shall be entitled to the
  rights of tenure and retirement accruing to  persons  serving  in  other
  permanent  teaching  positions, except that no replacement teacher shall
  be entitled to the special limitation of the probationary period to  one
  year  provided  for certain teachers by subdivision one of this section.
  Upon acceptance of appointment as replacement teacher, the name of  each
  such  appointee  shall  be  placed  on  a  preferred  eligible list as a
  candidate for appointment to any permanent teaching position  for  which
  he  holds  a  valid  license  and  such  candidates shall be entitled to
  appointment  from  such  preferred  eligible  list  in  order  of  their
  placement  on  such list. At any time when the total number of positions
  of replacement teacher in such pool exceeds the total number of teachers
  who will be absent on leave for the ensuing term of  school,  the  board
  may  abolish positions in such pool which are in excess of the number of
  teachers to be absent on leave as  aforesaid,  or  may  use  replacement
  teachers in such pool instead of substitute teachers to replace teachers
  who  are absent for shorter periods than one term. Whenever a particular
  replacement teacher cannot be used to replace any teacher who is  absent
  on  leave  for a full term, he may similarly be used to replace teachers
  who are absent for shorter periods. Nothing herein  contained  shall  be
  construed  as  preventing the appointment of regular substitute teachers
  to replace teachers absent on leave when no  persons  holding  positions
  created pursuant to this subdivision are available for such replacement.
    17.  In  the city school district of the city of Buffalo, the board of
  education shall, within  sixty  days  of  the  effective  date  of  this
  subdivision  and annually prior to August first of each year thereafter,
  ascertain the number of appointments which  will  be  required  for  the
  duration of not less than a term of the ensuing school year by reason of
  leaves  of  absence  granted to members of the teaching staff serving on
  tenure. The board shall thereupon establish  and  make  appointments  to
  positions  of replacement teachers in a number which, including any such
  teachers already serving as a result of earlier  appointment,  shall  be
  equal,  if  possible,  or  as  nearly  as possible, to two-thirds of the
  minimum number of such teachers expected to be absent on  leave  at  any
  one  time.  Such  positions shall constitute a pool from which the board
  shall assign teachers to replace the teachers who are absent  on  leave.
  Such  positions  of  replacement  teachers  shall  be  in  all  respects
  permanent positions in the school system and persons duly  appointed  by
  the  board  to  such positions shall be entitled to the rights of tenure
  and retirement accruing to persons serving in other  permanent  teaching
  positions,  except  that no replacement teacher shall be entitled to the
  special limitation of the probationary period to one year  provided  for
  certain  teachers by subdivision one of this section. Upon acceptance of
  appointment as replacement teacher, the  name  of  each  such  appointee
  shall  be  placed  on  a  preferred  eligible  list  as  a candidate for
  appointment to any permanent teaching position for which he or she holds
  a valid license and such candidates shall  be  entitled  to  appointment
  from  such  preferred  eligible list in order of their placement on such
  list. At any time when the total  number  of  positions  of  replacement
  teacher  in  such  pool exceeds the total number of teachers who will be
  absent on leave for the ensuing term of school, the  board  may  abolish
  positions  in such pool which are in excess of the number of teachers to
  be absent on leave as aforesaid, or may use replacement teachers in such
  pool instead of substitute teachers to replace teachers who  are  absent
  for  shorter  periods  than  one term. Whenever a particular replacement
  teacher cannot be used to replace any teacher who is absent on leave for
  a full term, he or she may similarly be used to replace teachers who are
  absent for shorter periods. Nothing herein contained shall be  construed
  as  preventing the appointment of regular substitute teachers to replace
  teachers absent on leave  when  no  persons  holding  positions  created
  pursuant to this subdivision are available for such replacement.