N.Y. Education Law § 3612: Teachers of tomorrow teacher recruitment and retention program

§ 3612. Teachers of tomorrow teacher recruitment and retention

program. 1. Definitions. a. The term "teacher shortage area" means a

public school or subject area in which there was a shortage of certified

teachers in the previous school year and there is a projected shortage

in the current school year as determined by the commissioner.

b. The term "certified teacher" means a teacher who holds a state

teaching certificate appropriate to the teaching position, including the

subject area if applicable, in which he or she is to be employed.

c. The term "school district" shall mean a common, union free,

central, central high school, or city school district.

d. The term "board of education" shall mean the governing board of any

public school or public school district defined in paragraph c of this

subdivision.

e. The term "low performing school" shall mean a school building which

is under registration review or a school building performing

significantly below state standards as defined by the commissioner.

f. The term "year of service" shall mean ten months of continuous

full-time service as a teacher during a school year, generally occurring

between September first and June thirtieth.

2. Application and funding. a. Grants shall be made to school

districts for teacher recruitment, retention and certification

activities necessary to increase the supply of qualified teachers in

school districts experiencing a teacher shortage in accordance with

subdivisions three, four, five, seven and eight of this section and in

school districts containing a low-performing school pursuant to

subdivision six of this section.

b. Such grants shall be awarded to school districts, within the limits

of funds appropriated therefor, through a competitive process that takes

into consideration the magnitude of any shortage of teachers in the

school district, the number of teachers employed in the school district

who hold temporary licenses to teach in the public schools of the state,

the number of provisionally certified teachers, the fiscal capacity and

geographic sparsity of the district, the number of new teachers the

school district intends to hire in the coming school year and the number

of summer in the city student internships proposed by an eligible school

district, if applicable. Grants provided pursuant to this section shall

be used only for the purposes enumerated in this section.

Notwithstanding any other provision of law to the contrary, a city

school district in a city having a population of one million or more

inhabitants receiving a grant pursuant to this section may use no more

than eighty percent of such grant funds for any recruitment, retention

and certification costs associated with transitional certification of

teacher candidates for the school years two thousand one--two thousand

two through two thousand twenty-eight--two thousand twenty-nine.

c. Not more than sixty percent of the funds allocated pursuant to this

section shall be made available to any one school district and provided

further that a city school district in a city with populations in excess

of one million inhabitants may, notwithstanding any other provision of

this section, allocate a portion of the grant received pursuant to this

section for teacher recruitment and outreach activities provided that

any allocation for teacher recruitment and outreach activities shall not

exceed two hundred twenty-five thousand dollars.

d. In allocating grants pursuant to this section, a school district

shall give priority in the following order:

(1) first, to a school under registration review that is designated as

a teacher shortage area;

(2) second, to any school performing significantly below state

standards as defined by the commissioner; and

(3) third, to any school that is designated as a teacher shortage

area.

e. Any school district receiving funds under this section shall

maintain any local effort in the current year equivalent to such effort

in the base year for any local program related to the recruitment or

retention of teachers or any program that has purposes that are similar

to any purpose of this section or the district shall provide a local

match to state funds received pursuant to this section. State funds

provided pursuant to this section shall not supplant local funds for any

purpose similar to the purposes of this section.

f. Applications by a school district for funding pursuant to this

section shall be filed with the commissioner, in a form determined by

the commissioner, by June first of the base year and school districts

shall be notified of their grant award by June thirtieth of the base

year, provided that in any year such application and award dates may be

modified by the commissioner for the reasonable administration of the

program. Such application shall include a plan by the school district

for the expenditure of the funds in each category of allowable expenses

authorized by subdivisions three, four, five, six, seven and eight of

this section, and such expenditures shall be consistent with such plan

and the provisions of this section.

g. A person receiving an award pursuant to any subdivision of this

section shall not be eligible for an award pursuant to any other

subdivision of this section in a school year.

3. Teachers of tomorrow teacher recruitment incentive program.

Teachers of tomorrow teacher recruitment incentive awards may be

available to teachers pursuant to the provisions of this subdivision to

attract teachers to employment in teacher shortage areas.

a. Eligibility. To be eligible for an award pursuant to this

subdivision, an applicant shall:

(1) have initial, provisional, permanent or professional certification

to teach in New York state;

(2) agree to a service obligation of one year of service in a teacher

shortage area as a condition of receiving an award pursuant to this

subdivision; and

(3) be employed for the first time as a teacher in the school

district.

b. Application and selection. (1) The board of education shall

determine the form of the application and the application process for

teachers deemed eligible for the award, and shall in its discretion

select the number of eligible applicants who will receive an award

pursuant to this subdivision.

(2) If the number of eligible applicants exceeds the number of awards

determined by the board pursuant to this subdivision then the board

shall use an objective competitive process based on educational

qualifications to determine which eligible applicants shall receive

awards.

c. Payment of awards. (1) Annual awards from state and local funds

provided for this purpose shall be paid by the board of education to the

award recipient. Award recipients shall be entitled to receive awards

pursuant to the provisions of this subdivision and such awards shall be

in addition to and not part of any award recipient's base salary.

(2) The initial annual award shall be three thousand four hundred

dollars, and such initial award may be renewable each year, for up to

three additional years, provided that the recipient agrees to one year

of service as a full-time teacher in a teacher shortage area for each

year of a renewed award and has provided satisfactory service in any

prior year in which an initial or renewed award was granted to the

recipient. No awards shall be made for less than one school year of

service and the sum of any initial and renewed awards shall not exceed

thirteen thousand six hundred dollars.

Awards made pursuant to this subdivision shall be used to reimburse

any educational costs, including those for which student loans may have

been taken, incurred by the recipient prior to receipt of the award for

certification as a teacher in the public schools of the state.

(3) The board of education shall develop and secure from the award

recipient a written agreement outlining the service obligation. Such

agreement shall include provisions for the recipient to repay the amount

of the award to the school district if the recipient fails to complete

their service obligation in any year where an initial or renewed award

is granted, and such repaid amounts shall be deducted from any grant

amounts due to the district from the state pursuant to this section.

Upon a written appeal by an award recipient, the board of education, in

its discretion, may provide a waiver of repayment provisions for an

award recipient who fails to complete his or her service requirement for

documented reasons of health or other severe hardship, as determined by

the commissioner.

d. Notification. The board of education shall notify both successful

and unsuccessful applicants by September first of any school year for

which an initial or renewed award is provided to teachers pursuant to

this subdivision.

4. Teachers of tomorrow certification stipends. Teachers of tomorrow

certification stipends may be available to eligible teachers pursuant to

this subdivision for the purpose of providing additional training and

education required for the applicants to obtain initial or provisional

certification. Such additional training and education may be held during

the summer or during any other season or time of the year.

a. Eligibility. To be eligible for an award pursuant to this

subdivision, an applicant shall:

(1) provide proof that he or she has received a temporary license to

teach from the commissioner and at the time of application does not hold

any initial, provisional, permanent or professional certification to

teach in the public schools of the state; and

(2) agree to a service obligation of one year of service in a teacher

shortage area as a condition for receiving an award pursuant to this

subdivision.

b. Application and selection. (1) The board of education shall

determine the form of the application and the application process for

teachers deemed eligible for the award, and shall in its discretion

select the number of eligible applicants who will receive an award

pursuant to this subdivision.

(2) If the number of eligible applicants exceeds the number of awards

determined by the board pursuant to this subdivision then the board

shall use an objective competitive process based on educational

qualifications to determine which eligible applicants shall receive

awards.

c. Payment of awards. (1) Annual awards from state and local funds

provided for this purpose shall be paid by the board of education to the

award recipient. No award shall be made for less than one year of

service.

(2) Allowable expenses. Awards may be used for the payment of expenses

incurred by the recipient for the following purposes:

(i) tuition charged for test preparation workshops intended to prepare

recipients to pass teacher certification exams required for initial or

provisional teacher certification, which shall be provided by the board

of education either through a contract for such services or by providing

such services through employees of the board of education; and

(ii) tuition charged for any additional coursework at an accredited

institution of higher education required of the recipient to receive

initial or provisional teacher certification, as determined by the

commissioner.

(3) Certification stipends of two thousand dollars each may be

provided pursuant to this subdivision to award recipients. Fifty percent

of each award amount shall be payable from state funds provided to the

school district pursuant to this section and the remaining fifty percent

shall be payable by the board of education from other sources of

revenue, provided that if the board of education elects to provide the

services described in clause (i) of subparagraph two of this paragraph

then such remaining fifty percent share may be paid by the board through

in-kind direct services to the award recipient.

(i) Awards shall be paid to award recipients upon proof of the

recipient's expenditure for allowable expenses as provided for in

clauses (i) and (ii) of subparagraph two of this paragraph.

(ii) Such awards shall be in an amount of two thousand dollars per

award or the actual expenses incurred by the recipient, whichever is

less.

(iii) No person shall be eligible for more than one award pursuant to

this subdivision.

(4) The board of education shall develop and secure from the award

recipient a written agreement outlining the service obligation. Such

agreement shall include provisions for the recipient to repay the amount

of the award to the school district if the recipient fails to complete

their service obligation in any year where an award is granted, and such

repaid amounts shall be deducted from any grant amounts due to the

district from the state pursuant to this section. Upon a written appeal

by an award recipient, the board of education, in its discretion, may

provide a waiver of repayment provisions for an award recipient who

fails to complete his or her service requirement for documented reasons

of health or other severe hardship, as determined by the commissioner.

d. Notification. The board of education shall notify both successful

and unsuccessful applicants by September first of any school year for

which an initial or renewed award is provided to teachers pursuant to

this subdivision.

5. Teachers of tomorrow summer in the city internship program. City

school districts in cities with populations in excess of one hundred and

twenty-five thousand inhabitants shall be eligible to apply for funding

pursuant to this section for summer in the city student internships for

the purpose of attracting prospective teachers to opportunities in urban

education.

a. Eligibility. To be eligible for an award pursuant to this

subdivision, a student shall:

(1) have completed sixty or more hours of credit bearing college

courses, be in good academic standing as determined by the higher

education institution of attendance, have attended an accredited New

York state college or university full-time in the base year, be enrolled

in a registered program for the preparation of teachers at an accredited

New York state institution of higher education or have indicated a

desire to enter the teaching profession, and are recommended by their

college or university to participate in the program.

(2) agree to a service obligation of the full duration of the

internship program, as determined by the board of education.

b. Application and selection. (1) Boards of education in school

districts that are eligible for funding pursuant to this section shall

develop and distribute an application to the accredited colleges and

universities of the state which have approved teacher education

programs. Such application shall include at a minimum a description of

the program including:

(i) the duration of the program which shall operate for at least five

or more weeks during the months of June through August generally;

(ii) the amount of any stipend for the program;

(iii) available housing for the program;

(iv) the training and professional development opportunities afforded

to the student; and

(v) the amount of time the student will spend in direct contact with

children participating in educational activities.

(2) The board of education shall determine the application process for

students deemed eligible for the award, and shall in its discretion

select the number of eligible applicants who will receive an award

pursuant to this subdivision.

(3) If the number of eligible applicants exceeds the number of awards

determined by the board pursuant to this subdivision then the board

shall use an objective competitive process based on educational

qualifications to determine which eligible applicants shall receive

awards.

c. Payment of awards. (1) Annual awards from state funds provided for

this purpose shall be paid by the board of education to the award

recipient. No award shall be made for less than the duration of the

program, as determined by the board of education. Nothing shall prohibit

a board of education from allowing an eligible applicant from

participating in the program more than once, provided the eligible

applicant provided satisfactory service in any prior year as determined

by the board of education.

(2) Allowable expenses. Districts may expend funds pursuant to this

subdivision for:

(i) stipends of up to two thousand dollars per student;

(ii) housing for a portion of the students participating in the

program, which shall include provisions for the students to pay a

portion of the housing costs and to pay a refundable security deposit on

such housing;

(iii) orientation, training and professional development of the

students participating in the program; and

(iv) other expenses appropriate to the operation of the program, as

approved by the commissioner.

(3) The board of education shall develop and secure from the award

recipient a written agreement outlining the service obligation. Such

agreement shall include provisions for the recipient to repay the amount

of any stipend provided pursuant to this subdivision to the school

district if the recipient fails to complete their service obligation for

any year where an award is granted, and such repaid amounts shall be

deducted from any grant amounts due to the district from the state

pursuant to this section. Upon a written appeal by an award recipient,

the board of education, in its discretion, may provide a waiver of

repayment provisions for an award recipient who fails to complete his or

her service requirement for documented reasons of health or other severe

hardship, as determined by the commissioner.

d. Colleges and universities may provide credit for the summer in the

city program and may charge a fee for such credit or provide the credit

free of charge. Participation in the summer in the city program shall

qualify as a field experience for purposes of any graduation or

certification requirement. Students eligible for the program shall

submit their application to the board of education by the date

determined by the board of education.

e. Notification. The board of education shall inform eligible

applicants of their selection for the program by a date determined by

the board of education.

6. New York state master teacher program. a. New York state master

teacher awards may be available to teachers pursuant to the provisions

of this subdivision to attract highly qualified, experienced, expert

teachers to low performing schools.

b. The commissioner shall establish and maintain a list of persons

eligible to serve as master teachers for the purposes of this

subdivision.

c. School districts eligible to participate in this program are those

districts which contain a school building that has been designated as a

low performing school.

d. Such school districts, upon notification of eligibility by the

commissioner, may apply for funding pursuant to this section to obtain

master teachers to serve in low performing school buildings.

e. Eligibility. A person shall be eligible to serve as a master

teacher if he or she meets the following criteria:

(1) he or she has received national board certification from the

National Board for Professional Teaching Standards.

(2) he or she is to be employed full-time for the school year by a

public school designated as a low performing school.

(3) he or she agrees to a service obligation of three years of service

in a low performing school as a condition of receiving awards pursuant

to this subdivision.

f. Application and selection. (1) The board of education shall

determine the form of the application and the application process for

teachers deemed eligible for the award, and shall in its discretion

select the number of eligible applicants who will receive an award

pursuant to this subdivision.

(2) If the number of eligible applicants exceeds the number of awards

determined by the board pursuant to this subdivision then the board

shall use an objective competitive process based on educational

qualifications to determine which eligible applicants shall receive

awards.

g. Payment of awards. (1) Annual awards from state funds provided for

this purpose shall be paid by the board of education to the award

recipient.

(2) The initial annual award shall be ten thousand dollars, and such

initial annual award may be renewable each year, for two additional

years, provided that the recipient has provided satisfactory service in

any prior year in which an initial or renewed annual award was granted

to the recipient and the recipient continues to fulfill his or her

service obligation. No annual awards shall be made for less than one

year of service and provided further that the sum of any initial and

renewed annual awards shall not exceed thirty thousand dollars.

(3) The board of education shall develop and secure from the award

recipient a written agreement outlining the service obligation. Such

agreement shall include provisions for the recipient to repay the amount

of the annual award to the school district if the recipient fails to

complete a year of service in any year where an initial or renewed award

is granted, and such repaid amounts shall be deducted from any grant

amounts due to the district from the state pursuant to this section.

Upon a written appeal by an award recipient, the board of education, in

its discretion, may provide a waiver of repayment provisions for an

award recipient who fails to complete his or her service requirement for

documented reasons of health or other severe hardship, as determined by

the commissioner.

h. Each board of education and particular master teacher shall agree

to a three-year term in an eligible school building for each master

teacher appointment and each master teacher shall be assigned partner

classroom teachers. In addition to assigned teaching duties, activities

to be undertaken by the master teacher shall include, but are not

limited to, engaging in daily and long-term planning and assessment with

partner teachers, modeling teaching techniques and strategies, and

serving as classroom experts who provide ongoing support to teachers and

children.

i. Upon completion of such master teacher's term of participation in

the program, the master teacher shall have the right to return to the

position he or she held immediately prior to appointment as a master

teacher without loss of tenure, seniority or other employment rights.

j. Notification. The board of education shall inform eligible

applicants of their selection for the program by a date determined by

the board of education.

7. Teacher recruitment tuition reimbursement program. A tuition

reimbursement program may be available to teachers pursuant to the

provisions of this subdivision, as an incentive to attract qualified

teachers to teacher shortage areas.

a. Definition. The term "approved course" shall mean a course in a

registered program for the preparation of teachers at an accredited New

York state institution of higher education which is taken towards

meeting requirements for permanent certification to teach in the public

schools of the state.

b. Eligibility. A person shall be eligible for a tuition reimbursement

award if he or she meets the following criteria:

(1) has received initial or provisional certification to teach in the

public schools of the state and does not hold any permanent or

professional certification to teach in the public schools of the state;

(2) he or she is employed full-time for the school year by a public

school designated as a teacher shortage area; and

(3) he or she agrees to a service obligation of one year of service in

a teacher shortage area as a condition of receiving the award.

c. Application and selection. (1) The board of education shall

determine the form of the application and the application process for

teachers deemed eligible for the award, and shall in its discretion

select the number of eligible applicants who will receive an award

pursuant to this subdivision.

(2) If the number of eligible applicants exceeds the number of awards

determined by the board pursuant to this subdivision then the board

shall use an objective competitive process based on educational

qualifications to determine which eligible applicants shall receive

awards.

d. Payment of awards. (1) Annual awards from state funds provided for

this purpose shall be paid by the board of education to the award

recipient.

(2) The initial reimbursement award shall be seven hundred dollars or

the actual cost of one approved course, whichever is less, provided that

a recipient shall be eligible to receive three initial reimbursement

awards in the school year. Such initial award shall be renewable for up

to one additional year and such renewed reimbursement award shall be

seven hundred dollars or the actual cost of one approved course,

whichever is less, provided that a recipient shall be eligible to

receive three renewed reimbursement awards in the school year, and

provided further that such eligible teacher has provided satisfactory

service in the prior year as determined by the board of education to be

eligible for any initial or renewed reimbursement awards. In no case

shall the sum of any initial and renewed reimbursement awards exceed

four thousand two hundred dollars.

(3) The board of education shall develop and secure from the award

recipient a written agreement outlining the service obligation. Such

agreement shall include provisions for the recipient to repay the amount

of any reimbursement awards received to the school district if the

recipient fails to complete a year of service in any year where any

initial or renewed awards are granted, and such repaid amounts shall be

deducted from any grant amounts due to the district from the state

pursuant to this section. Upon a written appeal by an award recipient,

the board of education, in its discretion, may provide a waiver of

repayment provisions for an award recipient who fails to complete his or

her service requirement for documented reasons of health or other severe

hardship, as determined by the commissioner.

e. After February first, two thousand four, any course for which

tuition reimbursement is made shall not be counted toward any continuing

education required of persons certified to teach in the public schools

of the state.

f. Notification. The board of education shall inform eligible

applicants of their selection for the program by a date determined by

the board of education.

8. Summer teacher training program. In a city school district with a

population of one million or more, intensive summer teacher training may

be provided pursuant to this subdivision to certified teachers teaching

in a teacher shortage area that will be employed for the first time in

the city school district as a certified teacher.

a. Eligibility and selection. Such training may be provided to

teachers who hold initial, provisional, permanent or professional

certification to teach in the public schools of the state who will be

employed for the first time in the city school district. The board of

education shall establish a selection process by which new teachers are

chosen to participate in this program. Such process at a minimum shall

include:

(1) proof that the applicant has received, or is eligible to receive,

initial, provisional, permanent or professional certification to teach

in the public schools of the state; and

(2) proof that the applicant will be employed for the first time in

the city school district as a certified teacher in a teacher shortage

area.

b. Allowable expenses. Funds provided for summer teacher training may

be used for the payment of expenses incurred by the district for

training and orientation of certified teachers employed by the district

for the first time including team teaching with cooperating teachers,

observing summer school classes, and training on meeting new standards

and assessments provided such expenditures from state funds for this

purpose shall not exceed one thousand dollars per eligible participant.

Nothing in this subdivision shall limit the expenditure of local funds

for the purposes of this subdivision.

9. Science, mathematics and bilingual education tuition reimbursement

program. Of the amount appropriated for purposes of this section for

grants to school districts for the two thousand seven--two thousand

eight school year and thereafter, five million dollars ($5,000,000)

shall be made available for a science, mathematics and bilingual

education tuition reimbursement program developed by the commissioner to

attract qualified teachers who have received or will receive a

transitional teaching certificate, to teach mathematics, science, or

bilingual education in a low-performing school.

10. Reporting. By November first following the completion of each

school year, the commissioner shall report to the governor and the

legislature regarding the teachers of tomorrow teacher recruitment and

retention program. Such report shall list the amount of each school

district's total grant pursuant to this section, the uses of the grant

by each eligible category of expense, the number of awards granted by

type pursuant to this section and, if applicable, the number of persons

receiving more than one award of a single type or more than one type of

award and the number of such awards for these individuals, as well as an

analysis of the effectiveness of the program in recruiting and retaining

teachers in the public schools of the state designated as teacher

shortage areas.