N.Y. Education Law § 4307: Superintendent, personnel of the faculty, and salaries

§ 4307. Superintendent, personnel of the faculty, and salaries. 1.

There shall continue to be a superintendent of such school, who shall be

the chief executive officer of the school, under the jurisdiction and

control of the education department. He shall be appointed by the board

of regents, upon the recommendation of the board of visitors submitted

to and approved by the commissioner of education. A superintendent may

be removed by the board of regents, subject to the approval of the board

of visitors and the commissioner of education. Subject to the rules of

the board of regents, such superintendent shall have the supervision and

management of the school, appoint and remove all subordinate officers,

teachers and employees thereof, prescribe their duties, fix their

compensation, except as provided for hereinafter, within the amount of

the appropriations made therefor and have and perform all the powers and

duties prescribed by law for the superintendent of such school.

2. The commissioner of education shall have power, in conformity with

regulations approved by the regents, to appoint all other needed

officers and employees and determine their duties. The commissioner

shall by regulations approved as aforesaid, establish for positions in

the unclassified service in such department as certified by him pursuant

to section thirty-five of the civil service law, suitable personnel

procedures and conditions of employment including:

a. A classification plan which shall include titles, duties and

minimum qualifications.

b. A salary plan which shall include minimum and maximum salaries and

increments and procedures for adjustment of salaries on appointment,

promotion and reassignment.

c. Regulations for appointments, promotions, probation, permanent

tenure, disciplinary action and attendance.

d. Such other rules and regulations as may be necessary for carrying

out the provisions of this section.

The regulations establishing such salary plan shall be subject to the

approval of the director of the budget.

3. With the approval of the commissioner of education and the

superintendent an instructor may be granted a leave of absence for

travel or for study, on part pay as determined by the regents, provided

such instructor agrees to remain in the service of the state not less

than two years immediately following the expiration of such leave. The

balance of the salaries appropriated for such instructors, or so much

thereof as may be necessary, may be applied by the commissioner of

education during the period of such absence for the payment of the

salaries of substitute instructors employed in such school to take the

places of the instructors to whom leaves of absence have been granted as

provided herein.

4. The commissioner of education shall, subject to the approval of the

director of the budget, determine the amount to be deducted from the

salaries provided above for the maintenance of personnel at the school.