2006 New York Code - Supervisors Of Attendance; Attendance Teachers; Attendance Officers; Appointment, Compensation, Powers And Duties.

 
    § 3213. Supervisors  of  attendance;  attendance  teachers; attendance
  officers; appointment, compensation, powers and duties. 1.  Appointment,
  removal, compensation and supervision. a. To the end that children shall
  not  suffer  through  unnecessary failure to attend school for any cause
  whatsoever, it shall be the duty of each  attendance  teacher  and  each
  attendance supervisor to secure for every child his right to educational
  opportunities   which   will   enable   him   to   develop  his  fullest
  potentialities for education, physical, social and spiritual  growth  as
  an   individual  and  to  provide  for  the  school  adjustment  of  any
  nonattendant child  in  cooperation  with  school  authorities,  special
  school services and community and social agencies.
    The school authorities of each city school district, union free school
  district,  central  school  district,  central  high school district, or
  common school district whose limits include  in  whole  or  in  part  an
  incorporated   village,  shall  appoint  and  may  remove  one  or  more
  supervisors of attendance or attendance teachers  of  such  district.  A
  supervisor of attendance shall be appointed in accordance with the civil
  service law and rules, unless he or she is a licensed attendance teacher
  or  a  teacher  licensed  to  teach in New York state, with such further
  qualifications as the board of regents shall  establish.  On  and  after
  July  first,  nineteen  hundred  fifty-five  no  full-time supervisor of
  attendance shall be appointed unless  he  or  she  holds  a  license  as
  attendance  teacher.  Such  supervisors  of attendance and those holding
  full-time positions who are similarly  licensed  teachers  or  who  hold
  attendance  teacher licenses shall be assigned to the step in the salary
  schedule of the school district commensurate with the salary being  paid
  such  supervisors  or teachers. Such persons shall be paid thereafter in
  accordance with such schedule. If the amount of salary received on  said
  July first, nineteen hundred fifty-five is less than the minimum step of
  the salary schedule, such supervisor or teacher shall be paid until June
  thirtieth,  nineteen hundred fifty-six at the rate of the first step and
  in accordance with the schedule thereafter.
    No supervisor of attendance or attendance teacher shall  be  appointed
  who is not twenty-one years of age and in proper physical condition.
    In the establishment of an eligible list advanced education related to
  attendance  service  shall be taken into consideration in the grading of
  the candidates. Experience in teaching, in social  service  and  welfare
  work,  and  in  business  or in the professional field shall likewise be
  taken into consideration.
    Paragraph a of subdivision one of this section shall apply to  a  city
  in  which attendance supervisors are appointed from an eligible list now
  prepared by a board of examiners. Supervisors of attendance  in  a  city
  having  a  board  of  examiners shall be licensed as attendance teachers
  only  when  they  comply  with  the  regulations  for  such  license  as
  established   by  the  commissioner  of  education  and  any  additional
  requirements which may be established by the board of examiners.
    The board  of  education  shall  fix  the  compensation  of  part-time
  supervisors  of  attendance  and prescribe their duties not inconsistent
  with part one of this article and make rules  and  regulations  for  the
  performance   thereof.   The   superintendent  of  schools  or  district
  superintendent of schools shall supervise the enforcement of part one of
  this article within such city or school district.
    b. The town board of each town, with the approval, in writing, of  the
  district  superintendent,  shall  appoint,  on or before August first of
  each  year,  one  or  more  attendance  officers  and  shall  fix  their
  compensation.  During  the  school  year it shall also fill promptly any
  vacancy after notification thereof by the district  superintendent.  The
  district  superintendent  shall  promptly  notify  the town board of his
  approval or disapproval of an appointment. If within one  month  a  town
  board  shall  not  comply  with  the  foregoing provisions, the district
  superintendent, subject to appeal  to  the  commissioner  of  education,
  shall  exercise  the  powers  and  duties of the town board with respect
  thereto.  An  attendance  officer  appointed  for  a  town  shall   have
  jurisdiction  over  all  school  districts  of  the  town  which are not
  otherwise provided for by this section. He shall  be  removable  at  the
  pleasure  of  the  district  superintendent.  His  compensation  and his
  necessary expenses in  attending  conferences  called  by  the  district
  superintendent shall be a town charge.
    c.  In case a school district shall include territory lying within the
  boundaries of more than one town, the attendance  officer  appointed  by
  the  town  in  which  the schoolhouse is located shall have jurisdiction
  over the entire school district.
    2.  Powers  and  duties.  a.  Arrest  of  truants.  A  supervisor   of
  attendance,  attendance  teacher  or attendance officer, as the case may
  be, may arrest without warrant any minor who is unlawfully  absent  from
  attendance  upon  instruction.  He  shall  forthwith  place the minor so
  arrested in attendance upon required instruction and  shall  notify  the
  parent  or  guardian of the minor, and he may then begin proceedings for
  his commitment as a school delinquent or  arraign  him  before  a  court
  having  jurisdiction.  Where  a minor resides in one school district and
  attends school in another school district, the supervisor of attendance,
  attendance teacher or attendance officer of the district where the minor
  resides  and  the  supervisor  of  attendance,  attendance  teacher   or
  attendance officer of the district where said minor attends school shall
  have  concurrent  jurisdiction  with  reference to said minor and to the
  person or persons in parental relation to him.
    b. Right of entry.
    (1) A supervisor  of  attendance,  attendance  teacher  or  attendance
  officer, as the case may be, in the performance of his duties, may enter
  during business hours any factory, mercantile or other establishment, or
  other  place in which a minor is believed to be employed within the city
  or school district in which he is appointed, and shall  be  entitled  to
  examine  on demand the employment certificates or work permits of minors
  therein employed, for  whose  lawful  employment  such  certificates  or
  permits are required by the provisions of part one of this article.
    (2)  He  may also enter any public place during the hours in which the
  public have access thereto, to ascertain if any minor is therein who  is
  required  to  attend  upon  instruction by the provisions of part one of
  this article, or engaged in a street trade contrary to the provisions of
  part one of this article, or to collect  information  required  for  the
  school census.
    c.  Notification  upon  absence.  It shall be the duty of every school
  district to inform persons in parental  relation  to  elementary  school
  pupils  of  such person's right to be notified when such pupil is deemed
  absent from attendance at his designated  school.  Persons  in  parental
  relation  to  elementary  school  pupils  shall, if such notification is
  desired, forward a request in writing to the principal  of  the  pupil's
  designated  school.  Such  request shall contain the telephone number of
  person or persons in parental relation to the pupil or other information
  to facilitate communication with such  persons  by  the  most  expedient
  means available. No civil or criminal liability shall arise or attach to
  any  school  district or employee thereof for any act or omission to act
  as a result  of,  or  in  connection  with,  the  duties  or  activities
  authorized or directed by this paragraph.
    d.  Notification  when  deemed  absent.  A  supervisor  of attendance,
  attendance teacher, attendance officer, or other  person  authorized  by
  the  school  district,  as  the  case may be, shall, where a request for
  notification has been made pursuant to paragraph c of this  subdivision,
  notify  a  person in parental relation to any elementary school pupil by
  the  means  designated  in such request when such pupil is deemed absent
  from  required  attendance  at  his  designated  school  without   prior
  notification  and  consent  to  such  absence  by the person in parental
  relation. No civil or criminal liability shall arise or  attach  to  any
  school  district or employee thereof for any act or omission to act as a
  result of, or in connection with, the duties or activities authorized or
  directed by this paragraph.
    e. To the extent that supervisors of attendance,  attendance  teachers
  and attendance officers act pursuant to this subdivision and subdivision
  one  of  this  section for the purpose of carrying out the provisions of
  part one of this article, they shall be deemed to have acted within  the
  scope of their employment. Such personnel shall continue to have all the
  powers,  duties  and  responsibilities conferred on them by law prior to
  the date on which the provisions of this paragraph become effective.