N.Y. Education Law § 2573: 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) i.

Teachers and all other members of the teaching staff, appointed prior to

July first, two thousand fifteen and 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 such person's

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

shall be cause for removal within the meaning of subdivision five of

this section.

ii. Teachers and all other members of the teaching staff appointed on

or after July first, two thousand fifteen and 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 four years, except that in the

case of a teacher who has rendered satisfactory service as a regular

substitute for a period of up to two years, or such teacher has rendered

satisfactory service as a seasonally licensed per session teacher of

swimming in day schools who has served in that capacity for a period of

up to two years and has been appointed to teach the same subject in day

schools on an annual salary, the teacher shall be appointed for a

probationary period of a minimum of two years, depending upon the length

of the regular substitute service that shall shorten the length of the

probationary period; 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 teacher

shall be appointed for a probationary period of three years; provided

further, 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 teacher shall be appointed for a

probationary period of two years. 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 such person's probationary

period. In all 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 shall be cause for removal

within the meaning of subdivision five of this section.

(b) i. Administrators, directors, supervisors, principals and all

other members of the supervising staff, except executive directors,

associate, assistant, district and community superintendents and

examiners, appointed prior to July first, two thousand fifteen and

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.

ii. Administrators, directors, supervisors, principals and all other

members of the supervising staff, except executive directors, associate,

assistant, district and community superintendents and examiners,

appointed on or after July first, two thousand fifteen and 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

four years provided that such probationary period may be extended in

accordance with paragraph (b) of subdivision five of this section;

provided, however, that in the case of a principal, administrator,

supervisor, or other member of the supervising staff who has been

appointed on tenure pursuant to this chapter as an administrator within

an authorized administrative tenure area 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 or section three

thousand twenty-b of this chapter, the principal, administrator,

supervisor or other member of the supervising staff shall be appointed

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, Rochester, and Syracuse, 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. (a) At the expiration of the probationary term of any persons

appointed for such term prior to July first, two thousand fifteen, 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, 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 this chapter.

(b) At the expiration of the probationary term of any persons

appointed for such term on or after July first, two thousand fifteen,

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. Any person who

has acquired tenure shall, upon such person's effective tenure date,

hold their position 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 and section three thousand

twenty-a of this chapter. Failure to maintain certification as required

by this chapter and the regulations of the commissioner shall constitute

cause for removal.

6. (a) 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 prior to July first, two thousand fifteen, 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 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.

(b) At the expiration of the probationary term of any persons

appointed for such term on or after July first, two thousand fifteen,

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. Any person who

has acquired tenure shall, upon such person's effective tenure date,

hold their position 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 and section three thousand

twenty-a of this chapter. Failure to maintain certification as required

by this chapter and the regulations of the commissioner shall constitute

cause for removal.

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.