§ 2573 — Appointment of assistant, district or other superintendents, teachers and other employees; their salaries, et cetera

New York § 2573

• Jurisdiction: New York
• Law EDN: Education
• Title 2: School District Organization
• Art. 52: City School Districts of Cities With One Hundred Twenty-five Thousand Inhabitants or More

Text

§ 2573. Appointment of assistant, district or other superintendents,\nteachers and other employees; their salaries, et cetera. 1. (a) i.\nTeachers and all other members of the teaching staff, appointed prior to\nJuly first, two thousand fifteen and authorized by section twenty-five\nhundred fifty-four of this article, shall be appointed by the board of\neducation, upon the recommendation of the superintendent of schools, for\na probationary period of three years, except that in the case of a\nteacher who has rendered satisfactory service as a regular substitute\nfor a period of two years or as a seasonally licensed per session\nteacher of swimming in day schools who has served in that capacity for a\nperiod of two years and has been appointed to teach the same subject in\nday schools on an annual salary, the probationary period shall be\nlimited to one year; provided, however, that in the case of a teacher\nwho has been appointed on tenure in another school district within the\nstate, the school district where currently employed, or a board of\ncooperative educational services, and who was not dismissed from such\ndistrict or board as a result of charges brought pursuant to subdivision\none of section three thousand twenty-a of this chapter, the probationary\nperiod shall not exceed two years; provided, however, that in cities\nwith a population of one million or more, a teacher appointed under a\nnewly created license, for teachers of reading and of the emotionally\nhandicapped, to a position which the teacher has held for at least two\nyears prior to such appointment while serving on tenure in another\nlicense area who was not dismissed as a result of charges brought\npursuant to subdivision one of section three thousand twenty-a of this\nchapter, the probationary period shall be one year. The service of a\nperson appointed to any of such positions may be discontinued at any\ntime during such probationary period, on the recommendation of the\nsuperintendent of schools, by a majority vote of the board of education.\nEach person who is not to be recommended for appointment on tenure shall\nbe so notified by the superintendent of schools in writing not later\nthan sixty days immediately preceding the expiration of such person's\nprobationary period. In city school districts having a population of\nfour hundred thousand or more, persons with licenses obtained as a\nresult of examinations announced subsequent to the twenty-second day of\nMay, nineteen hundred sixty-nine appointed upon conditions that all\nannounced requirements for the position be fulfilled within a specified\nperiod of time, shall not acquire tenure unless and until such\nrequirements have been completed within the time specified for the\nfulfillment of such requirements, notwithstanding the expiration of any\nprobationary period. In all other city school districts subject to the\nprovisions of this article, failure to maintain certification as\nrequired by this article and by the regulations of the commissioner\nshall be cause for removal within the meaning of subdivision five of\nthis section.\n ii. Teachers and all other members of the teaching staff appointed on\nor after July first, two thousand fifteen and authorized by section\ntwenty-five hundred fifty-four of this article, shall be appointed by\nthe board of education, upon the recommendation of the superintendent of\nschools, for a probationary period of four years, except that in the\ncase of a teacher who has rendered satisfactory service as a regular\nsubstitute for a period of up to two years, or such teacher has rendered\nsatisfactory service as a seasonally licensed per session teacher of\nswimming in day schools who has served in that capacity for a period of\nup to two years and has been appointed to teach the same subject in day\nschools on an annual salary, the teacher shall be appointed for a\nprobationary period of a minimum of two years, depending upon the length\nof the regular substitute service that shall shorten the length of the\nprobationary period; provided, however, that in the case of a teacher\nwho has been appointed on tenure in another school district within the\nstate, the school district where currently employed, or a board of\ncooperative educational services, and who was not dismissed from such\ndistrict or board as a result of charges brought pursuant to subdivision\none of section three thousand twenty-a of this chapter, the teacher\nshall be appointed for a probationary period of three years; provided\nfurther, however, that in cities with a population of one million or\nmore, a teacher appointed under a newly created license, for teachers of\nreading and of the emotionally handicapped, to a position which the\nteacher has held for at least two years prior to such appointment while\nserving on tenure in another license area who was not dismissed as a\nresult of charges brought pursuant to subdivision one of section three\nthousand twenty-a of this chapter, the teacher shall be appointed for a\nprobationary period of two years. The service of a person appointed to\nany of such positions may be discontinued at any time during such\nprobationary period, on the recommendation of the superintendent of\nschools, by a majority vote of the board of education. Each person who\nis not to be recommended for appointment on tenure shall be so notified\nby the superintendent of schools in writing not later than sixty days\nimmediately preceding the expiration of such person's probationary\nperiod. In all city school districts subject to the provisions of this\narticle, failure to maintain certification as required by this article\nand by the regulations of the commissioner shall be cause for removal\nwithin the meaning of subdivision five of this section.\n (b) i. Administrators, directors, supervisors, principals and all\nother members of the supervising staff, except executive directors,\nassociate, assistant, district and community superintendents and\nexaminers, appointed prior to July first, two thousand fifteen and\nauthorized by section twenty-five hundred fifty-four of this article,\nshall be appointed by the board of education, upon the recommendation of\nthe superintendent or chancellor of schools, for a probationary period\nof three years. The service of a person appointed to any of such\npositions may be discontinued at any time during the probationary period\non the recommendation of the superintendent of schools, by a majority\nvote of the board of education.\n ii. Administrators, directors, supervisors, principals and all other\nmembers of the supervising staff, except executive directors, associate,\nassistant, district and community superintendents and examiners,\nappointed on or after July first, two thousand fifteen and authorized by\nsection twenty-five hundred fifty-four of this article, shall be\nappointed by the board of education, upon the recommendation of the\nsuperintendent or chancellor of schools, for a probationary period of\nfour years provided that such probationary period may be extended in\naccordance with paragraph (b) of subdivision five of this section;\nprovided, however, that in the case of a principal, administrator,\nsupervisor, or other member of the supervising staff who has been\nappointed on tenure pursuant to this chapter as an administrator within\nan authorized administrative tenure area in another school district\nwithin the state, the school district where currently employed, or a\nboard of cooperative educational services, and who was not dismissed\nfrom such district or board as a result of charges brought pursuant to\nsubdivision one of section three thousand twenty-a or section three\nthousand twenty-b of this chapter, the principal, administrator,\nsupervisor or other member of the supervising staff shall be appointed\nfor a probationary period of three years. The service of a person\nappointed to any of such positions may be discontinued at any time\nduring the probationary period on the recommendation of the\nsuperintendent of schools, by a majority vote of the board of education.\n 2. The chancellor shall require, in anticipation of the reasonable\nneeds of the school system, that interviews and performance tests be\nconducted for teaching service positions, pursuant to section two\nthousand five hundred sixty-nine of this article, so that qualifying\neligible lists may be ready for promulgation as soon as vacancies come\ninto existence. Where vacancies already exist, and cannot be filled\nbecause eligible lists have been exhausted, the chancellor shall require\ninterviews and performance tests to be conducted forthwith and shall\nhave lists available for promulgation within six months from the date of\nthe administration of the test. Appropriate procedures for filling\nsupervisory positions shall be established pursuant to regulations\npromulgated by the chancellor and qualifying eligible lists shall be\npromulgated and thereafter supplemented annually Supervisory positions\nshall be filled in accordance with regulations promulgated by the\nchancellor; supervisors who are properly assigned or appointed through\nsuch regulations shall be considered appointed in the license area of\nthe supervisory position. Appointments shall be made from appropriate\neligible lists in accordance with regulations of the chancellor to fill\nall existing vacancies not later than six months from the date of the\nexistence of such vacancy, except that the board of education may defer\nsuch appointments until the opening of school following the expiration\nof such six month period.\n 3. Associate superintendents, examiners and all other employees\nauthorized by section twenty-five hundred fifty-four of this article,\nexcept as otherwise provided in subdivision one of this section, shall\nbe appointed by the board of education except that in the city school\ndistricts of the cities of Buffalo, Rochester, and Syracuse, the\nassociate, assistant and district superintendents and all other\nsupervising staff who are excluded from the right to bargain\ncollectively pursuant to article fourteen of the civil service law shall\nbe appointed, within amounts budgeted therefor, by the superintendent of\nsuch city school district. In a city having a population of one million\nor more, such appointments shall be made on nomination of the\nsuperintendent of schools. Notwithstanding any other provision in this\nchapter to the contrary, whenever an associate superintendent of schools\nin the employ of the board of education in a city having a population of\none million or more fails of reappointment, said person shall be\nimmediately appointed an assistant superintendent of schools with\npermanent appointment as said term permanent appointment is defined in\nsubdivisions four, five and six of this section. The salary of such\nassistant superintendent shall be less than the salary of an associate\nsuperintendent, but said differential in salary shall not exceed ten per\ncentum of the annual salary of an associate superintendent of schools.\nWhen, however, an associate superintendent of schools who fails of\nreappointment has to his credit thirty or more years of city service\nincluding ten or more years of service as such associate superintendent\nof schools, he shall suffer no reduction of salary or of pension\nprospects while serving as such assistant superintendent of schools.\n 4. Clerks, draftsmen, inspectors, chemists, tabulating machine\noperators, secretaries, stenographers, copyists, statisticians,\njanitors, custodians, custodian-engineers, and all other administrative\nemployees of a board of education, unless otherwise provided in this\nchapter, shall be appointed for a probationary period provided in the\ncivil service law and regulations based thereon. The service of a person\nappointed to any of such positions may be discontinued by the board of\neducation at any time during such probationary period. Such persons who\nhave served the full probationary period shall hold their respective\npositions during good behavior and efficient and competent service, and\nshall not be removed except for cause after a hearing by the affirmative\nvote of a majority of the board.\n 5. (a) At the expiration of the probationary term of any persons\nappointed for such term prior to July first, two thousand fifteen, the\nsuperintendent of schools shall make a written report to the board of\neducation recommending for permanent appointment those persons who have\nbeen found competent, efficient and satisfactory. Such persons and all\nothers employed in the teaching, service of the schools of a city, who\nhave served the full probationary period, shall hold their respective\npositions during good behavior and efficient and competent service, and\nshall not be removable except for cause after a hearing as provided by\nsection three thousand twenty-a of this chapter.\n (b) At the expiration of the probationary term of any persons\nappointed for such term on or after July first, two thousand fifteen,\nthe superintendent of schools shall make a written report to the board\nof education recommending for permanent appointment those persons who\nhave been found competent, efficient and satisfactory. Any person who\nhas acquired tenure shall, upon such person's effective tenure date,\nhold their position during good behavior and efficient and competent\nservice, and shall not be removable except for cause after a hearing as\nprovided by section three thousand twenty and section three thousand\ntwenty-a of this chapter. Failure to maintain certification as required\nby this chapter and the regulations of the commissioner shall constitute\ncause for removal.\n 6. (a) In a city having a population of four hundred thousand or more,\nat the expiration of the probationary term of any persons appointed for\nsuch term prior to July first, two thousand fifteen, the superintendent\nof schools shall make a written report to the board of education\nrecommending for permanent appointment those persons who have been found\nsatisfactory, and such board of education shall immediately thereafter\nissue to such persons permanent certificates of appointment. Such\npersons and all others employed in the teaching service of the schools\nof such city, who have served the full probationary period shall receive\npermanent certificates to teach issued to them by the certificating\nauthority, except as otherwise provided in subdivision ten-a of this\nsection, and shall hold their respective positions during good behavior\nand satisfactory teaching service, and shall not be removable except for\ncause after a hearing as provided by section three thousand twenty-a of\nthis chapter.\n (b) At the expiration of the probationary term of any persons\nappointed for such term on or after July first, two thousand fifteen,\nthe superintendent of schools shall make a written report to the board\nof education recommending for permanent appointment those persons who\nhave been found competent, efficient and satisfactory. Any person who\nhas acquired tenure shall, upon such person's effective tenure date,\nhold their position during good behavior and efficient and competent\nservice, and shall not be removable except for cause after a hearing as\nprovided by section three thousand twenty and section three thousand\ntwenty-a of this chapter. Failure to maintain certification as required\nby this chapter and the regulations of the commissioner shall constitute\ncause for removal.\n 8. No charges under this section shall be brought more than three\nyears after the occurrence of the alleged incompetency or misconduct\nexcept where the charge is of misconduct which resulted in conviction\nfor a crime.\n 9. No principal, supervisor, director, or teacher shall be appointed\nto the teaching force of a city who does not possess qualifications\nrequired under this chapter and under the regulations prescribed by the\ncommissioner of education for the persons employed in such positions in\nthe schools of the cities of the state, but a board of education may\nprescribe additional or higher qualifications for the persons employed\nin any of such positions.\n 10. (a) In a city having a population of one million or more,\nrecommendations for appointment to the teaching service shall be from\nthe first three persons chosen by random selection from the qualifying\neligible lists prepared by the chancellor. Competitive eligible lists in\nexistence at the time of enactment of this subdivision shall not be\nmerged and any such lists shall be exhausted or have expired before\nnominations are made from a qualifying list of a subsequent date\npromulgated hereunder. Qualifying eligible lists for supervisory\npositions shall be merged with any subsequently promulgated lists in the\nsame license area so that there shall be one continuing non-expiring\neligible list for each license area. No competitive eligible list shall\nremain in force for a longer period than four years, nor have a life of\nless than three years. No competitive eligible list now in force shall\nterminate any sooner than four years from the date on which it was\npromulgated. The board of education, on the recommendation of the\nchancellor shall designate, subject to the other provisions of this\nchapter, the kind and grades of licenses which shall be required for\nservice as principal, branch principal, director, supervisor or teacher\nof a special branch, head of department, assistant, school psychiatrist,\nschool psychologist, school medical inspector, school social worker,\nschool social caseworker, school secretary, industrial or trade helper\nin vocational schools, school librarian, laboratory assistant, or any\nother position of the teaching staff together with the academic and\nprofessional qualifications required for each kind or grade of license.\nNo person required to have a license under the provisions of this\nchapter in order to be employed in a position who does not have such\nlicense shall have any claim for salary, except that a person who has\nbeen assigned to teach in a subject or field not specifically covered in\nhis license but on the same rank or level of service shall be entitled\nto his salary.\n (b) Qualifying eligible lists for teaching and supervisory positions\nshall consist of the names of all persons who have met the eligibility\nrequirements for appointment as defined by the chancellor pursuant to\nsections two thousand five hundred ninety-j and two thousand five\nhundred sixty-nine of this chapter. Where the regulations of the\ncommissioner do not identify a state certificate that corresponds to a\nlicense utilized by the city school district, the chancellor shall\ndevelop and administer an examination appropriate to the license,\nprovided the development of such examination and the passing score are\nbased upon appropriate validity studies conducted in accordance with\nprofessional standards of measurement. For teaching service positions,\ncompetitive eligible lists in existence on the effective date of this\nparagraph shall not be merged. Subsequently promulgated qualifying\neligible lists in the same license area shall be merged so that there\nshall be one qualifying eligible list for each license area. No\ncandidate shall remain on the qualifying eligible list longer than seven\nyears from the date the candidate is placed on the qualifying eligible\nlist. This paragraph does not affect the examinations for teaching or\nsupervisory service positions announced by the board of examiners prior\nto the effective date of this paragraph.\n (i) Each year, the chancellor shall direct the division of personnel\nto select by random selection from among candidates who are available\nfor assignment and who are on the qualifying eligible lists for teaching\npositions in existence on such date for each license area, a list of\nprospective appointees deemed to be sufficient to meet the needs of the\nschool system for the next school year. The random selection to\nestablish the initial list of prospective appointees shall be held prior\nto April first, nineteen hundred ninety-one. In any instance where the\nlist of prospective appointees is insufficient for the twelve month\nperiod, the chancellor shall direct the division of personnel to select\nby random selection additional candidates who are available for\nassignment and who are on qualifying eligible lists in order to compile\na supplementary list of prospective appointees.\n (ii) Candidates selected by a random selection system and whose names\nappear on the list of prospective appointees for teaching positions\nshall be assigned to community districts and to divisions under the\njurisdiction of the chancellor in the order in which their names were\nselected by such system provided that each appointment by the chancellor\nor community board as appropriate shall be made from among the first\nthree persons so assigned.\n (iii) Lists of prospective appointees for teaching positions shall not\nbe merged and a list shall be exhausted or have expired before\nassignments are made from a list of prospective appointees selected by a\nrandom selection procedure of subsequent date. No candidate shall remain\non the list of prospective appointees longer than seven years from the\ndate that the candidate was placed on the qualifying eligible list.\n 10-a. In the city school district of the city of Buffalo, members of\nthe teaching and supervising staff appointed on or after the effective\ndate of this subdivision shall be required to hold a state teaching\ncertificate, but shall not be required to hold a license issued by the\nBuffalo city school district. Persons appointed to the teaching and\nsupervising staff prior to such effective date may continue to serve\nunder a license issued by such city school district and the board of\neducation shall be authorized to issue permanent licenses and permanent\ncertificates of appointment after such effective date to such persons\nwho fulfill all announced requirements for the position that were\nimposed at the time of appointment. Nothing in this chapter shall affect\nthe rights of persons serving pursuant to appropriate licenses issued\nprior to the effective date of this subdivision or require such persons\nto obtain certifications or licenses not previously required of them.\n 11. In a city have a population of one million or more, the board of\neducation, subject to the approval of the commissioner of education,\nshall have power to authorize the superintendent of schools to assign\nany teacher employed to teach any subject or subjects other than any\nspecific subject for which such teacher is licensed. No such assignment\nshall be made unless the superintendent of schools shall have certified\nthat such teacher is competent to teach the assigned subject or\nsubjects. The superintendent of schools with the approval of the board\nof education, shall have power to make rules and regulations in relation\nto ascertainment of competency of teachers to teach such assigned\nsubject or subjects. The assignment of a teacher to teach any such\nassigned subject shall not operate to change the rank or level of such\nteacher from that which he or she occupied prior to such assignment.\n 12. The salaries of all members of the supervising and teaching force\nand of all employees and for all positions authorized under section\ntwenty-five hundred four of this article shall continue to be not lower\nthan such salaries were on June eighth, nineteen hundred seventeen.\nRules and regulations shall be adopted governing excusing of absences\nand for the granting of leaves of absence either with or without pay.\n 13. Teachers appointed in the schools or classes maintained in the\ninstitutions controlled by the department of correction of the city of\nNew York shall be appointed by the commissioner of correction of such\ncity upon the nomination of the superintendent of schools of such city\nand shall be licensed by the board of examiners of the board of\neducation of such city.\n 15. Notwithstanding any other provision of this section no period in\nany school year for which there is no required service and/or for which\nno compensation is provided shall in any event constitute a break or\nsuspension of probationary period or continuity of tenure rights of any\nof the persons hereinabove described.\n 16. In the city school district of the city of New York, the board of\neducation shall ascertain prior to August first, nineteen hundred sixty,\nand annually thereafter the number of appointments which will be\nrequired for the duration of not less than a term of the ensuing school\nyear by reason of leaves of absence granted to members of the teaching\nstaff serving on tenure. The board shall thereupon establish and make\nappointments to positions of replacement teachers in a number which,\nincluding any such teachers already serving as a result of earlier\nappointment, shall be at least equal, if possible, and, if not, as\nnearly as possible, to two-thirds of the minimum number of such teachers\nexpected to be absent on leave at any one time. Such positions shall\nconstitute a pool from which the board shall assign teachers to replace\nthe teachers who are absent on leave. Appointments to such positions of\nreplacement teachers shall be made from the appropriate eligible lists\nfor the positions for which such replacement teachers will be required\nas determined by the board. Such positions of replacement teachers shall\nbe in all respects permanent positions in the school system and persons\nduly appointed by the board to such positions shall be entitled to the\nrights of tenure and retirement accruing to persons serving in other\npermanent teaching positions, except that no replacement teacher shall\nbe entitled to the special limitation of the probationary period to one\nyear provided for certain teachers by subdivision one of this section.\nUpon acceptance of appointment as replacement teacher, the name of each\nsuch appointee shall be placed on a preferred eligible list as a\ncandidate for appointment to any permanent teaching position for which\nhe holds a valid license and such candidates shall be entitled to\nappointment from such preferred eligible list in order of their\nplacement on such list. At any time when the total number of positions\nof replacement teacher in such pool exceeds the total number of teachers\nwho will be absent on leave for the ensuing term of school, the board\nmay abolish positions in such pool which are in excess of the number of\nteachers to be absent on leave as aforesaid, or may use replacement\nteachers in such pool instead of substitute teachers to replace teachers\nwho are absent for shorter periods than one term. Whenever a particular\nreplacement teacher cannot be used to replace any teacher who is absent\non leave for a full term, he may similarly be used to replace teachers\nwho are absent for shorter periods. Nothing herein contained shall be\nconstrued as preventing the appointment of regular substitute teachers\nto replace teachers absent on leave when no persons holding positions\ncreated pursuant to this subdivision are available for such replacement.\n 17. In the city school district of the city of Buffalo, the board of\neducation shall, within sixty days of the effective date of this\nsubdivision and annually prior to August first of each year thereafter,\nascertain the number of appointments which will be required for the\nduration of not less than a term of the ensuing school year by reason of\nleaves of absence granted to members of the teaching staff serving on\ntenure. The board shall thereupon establish and make appointments to\npositions of replacement teachers in a number which, including any such\nteachers already serving as a result of earlier appointment, shall be\nequal, if possible, or as nearly as possible, to two-thirds of the\nminimum number of such teachers expected to be absent on leave at any\none time. Such positions shall constitute a pool from which the board\nshall assign teachers to replace the teachers who are absent on leave.\nSuch positions of replacement teachers shall be in all respects\npermanent positions in the school system and persons duly appointed by\nthe board to such positions shall be entitled to the rights of tenure\nand retirement accruing to persons serving in other permanent teaching\npositions, except that no replacement teacher shall be entitled to the\nspecial limitation of the probationary period to one year provided for\ncertain teachers by subdivision one of this section. Upon acceptance of\nappointment as replacement teacher, the name of each such appointee\nshall be placed on a preferred eligible list as a candidate for\nappointment to any permanent teaching position for which he or she holds\na valid license and such candidates shall be entitled to appointment\nfrom such preferred eligible list in order of their placement on such\nlist. At any time when the total number of positions of replacement\nteacher in such pool exceeds the total number of teachers who will be\nabsent on leave for the ensuing term of school, the board may abolish\npositions in such pool which are in excess of the number of teachers to\nbe absent on leave as aforesaid, or may use replacement teachers in such\npool instead of substitute teachers to replace teachers who are absent\nfor shorter periods than one term. Whenever a particular replacement\nteacher cannot be used to replace any teacher who is absent on leave for\na full term, he or she may similarly be used to replace teachers who are\nabsent for shorter periods. Nothing herein contained shall be construed\nas preventing the appointment of regular substitute teachers to replace\nteachers absent on leave when no persons holding positions created\npursuant to this subdivision are available for such replacement.\n