The Board will create, abolish, maintain and/or consolidate positions involving certified personnel as necessary for the proper and efficient achievement of its goals. While the Board may consider and/or seek the guidance or recommendation of the Superintendent, the Board cannot delegate its responsibility for such decisions to the Superintendent.
All assignments and transfers of certified personnel will be made in accordance with provisions of law, District policy and the applicable employment contract or agreement.
Education Law Sections 2510 and 3013
8 New York Code of Rules and Regulations (NYCRR) Part 30
EMPLOYMENT OF RELATIVES OF BOARD OF EDUCATION MEMBERS
The appointment of a teacher who is related by bloodline or legal process (including marriage) to any member of the Board will be subject to the consent of two-thirds (2/3) of the members of the Board to be determined at a Board meeting and to be entered upon the proceedings of the Board.
The Board will take the same stance in the hiring of professional staff other than teachers.
Education Law Section 3016
General Municipal Law Sections 800-809
CERTIFICATION AND QUALIFICATIONS
The following provisions will govern certification and qualifications of District personnel:
a) In accordance with applicable statutes, Rules of the Board of Regents, and regulations of the Commissioner of Education, each employee whose employment requires certification or other licensure will inform the Superintendent immediately of any change in the status of his or her certification or licensure. The changes will include, but not be limited to, the granting, revocation, upgrading, expiration, conversion and/or extension of these documents as to their periods of validity or their titles.
b) Through the New York Patriot Plan, Commissioner’s regulations have amended education law. Provisions extend the expiration dates for various certificate holders engaged in active military service for the period of active service and an additional 12 months from the end of such service. These also reduce the professional development requirements for certification holders called to active duty for the time of such active service.
c) The original certificates and/or licenses must be presented for examination and copying in the Office of the Superintendent as soon as they are available to the employee. The copies will be maintained in the employee’s personnel file in support of the legitimate employment of each affected employee. The failure of any such employee to possess the required certification or other licensure may result in the discharge of that employee.
d) Whether or not the District verifies an individual’s certification or licensure does not waive the responsibility of the employee to maintain what is required for his or her assignment.
Qualifications of Teachers
a) The District must ensure that all newly hired teachers in Title I programs who teach core academic subjects are highly qualified per Regulations of the Commissioner of Education. The term “core academic subjects” means English, reading or language arts, mathematics, science, foreign languages, civics and government, economics, arts, history, and geography. A “highly qualified” teacher is one who has obtained full state certification as a teacher, or has passed the state teacher licensing examination, holds a license to teach in the state and has at least a bachelor’s degree, and also must show subject matter competency in the subjects they teach.
b) The District is also required to provide to teachers who are not new to the profession the opportunity to meet the NCLB requirement to be highly qualified, in part, through passing a High Objective Uniform State Standard of Evaluation (HOUSSE). The HOUSSE will be an evaluation, prescribed by the New York State Education Department and conducted locally either during a pre-employment review or at the time of an Annual Professional Performance Review (APPR), that enables a teacher who is beyond the first year of teaching to demonstrate subject matter competency in all core academic subjects that the teacher teaches. The evaluation will be based upon objective, coherent information as prescribed by the department, and will include, but not be limited to, information on the teacher’s education, credentials, professional experience, and professional development.
c) The District must ensure that on or after September 2, 2009 a candidate for a teaching certificate or license as a special education teacher will, in addition to all other certification or licensing requirements, have completed enhanced course work or training in the area of children with autism.
d) Enhanced training in the needs of autistic children will also be completed by each certified school administrator or supervisor assigned on or after September 2, 2009 to serve as a special education administrator. Such training will be provided prior to, or as soon as practicable following, assignment as a special education administrator. Individuals serving as special education administrators as of September 2, 2009 will complete such training by such date. The enhanced course work or training will be obtained from an institution or provider approved by the department except that a school district or a Board of Cooperative Educational Services (BOCES) may provide such training as part of its professional development program.
In accordance with the federal No Child Left Behind Act, the District is required to provide parents, upon request, with specific information about the professional qualifications of their children’s classroom teachers. The following will be provided by the District upon such requests:
a) If the teacher has met New York State qualifications and licensing criteria for the grade levels and subject areas he or she teaches;
b) Whether the teacher is teaching under emergency or other provisional status through which the State qualification or licensing criteria have been waived;
c) The teacher’s college major; whether the teacher has any advanced degrees and, if so, the subject of the degrees; and
d) If the child is provided services by any instructional aides or similar paraprofessionals and, if so, their qualifications.
All requests will be honored in a timely manner.
20 United States Code (USC) Section 7801(23)
34 Code of Federal Regulations (CFR) Sections 200.55 and 200.56
Education Law Sections 3001, 3001-a, 3004, 3006 and 3008
8 New York Code of Rules and Regulations (NYCRR) Subparts 80-1, 80-2, 80-3, 100.2(dd) and 100.2(o)
PROFESSIONAL CERTIFICATION: 175 HOURS OF PROFESSIONAL DEVELOPMENT REQUIREMENT
All District employees who hold professional teaching certificates for classroom teaching are required to complete professional development hours to maintain the validity of their certificates. Professional certificate holders must complete 175 hours every five years. The five-year professional development period commences on July 1 after the effective date of the triggering certificate, and each subsequent five-year period thereafter. Each professional development year of the five-year cycle of professional development begins on July 1 and ends the following June 30. The professional development requirement may be completed at any time during the five-year professional development period. The New York Patriot Plan was enacted to recognize members of the military, called to active duty, so that they were not discriminated against in employment or education because of their military status. Professional continuing education requirements for active military are waived during the period of military service or reduced proportionately for partial periods of service during certification. Certifications due to expire during military service are extended for the length of the service plus an additional 12 months after release from service. However, this will not be construed to permit those who have had certifications revoked or suspended to continue to engage in such professions.
Decisions regarding content, delivery and providers of such professional development are within the purview of the District and will be made within the context of the District Professional Development Plan. The Professional Development Plan will describe how the District will provide teachers it employs holding a professional certificate with opportunities to maintain such certificates in good standing based upon successfully completing 175 hours of professional development every five years in accordance with Commissioner’s regulations.
If the professional certificate holder wishes to maintain the validity of his or her New York State professional certificate, he or she must satisfy the professional development requirement. If the certificate holder teaches less than 90 days in a given school year for any reason, including an approved leave, the required hours are reduced by ten percent for each school year during which this is the case.
District Recordkeeping Responsibilities
If the District provides professional development to teachers in its schools, or professional development is provided by other entities on behalf of the District, the District must maintain a record of professional development completed by its teachers who are required to complete this requirement. Such records will include those items enumerated in Commissioner’s Regulations Section 100.2(dd)(5):
a) The name of the professional certificate holder;
b) His or her teacher certification identification number;
c) The title of the program;
d) The number of hours completed; and
e) The date and location of the program.
These records will be retained by the District for at least seven years from the date of completion of the professional development by the professional certificate holder and will be available for review by the State Education Department (SED).
District Reporting Responsibilities
Annually, the District must report to the New York State Education Department (SED) Office of Higher Education’s Office of Teaching Initiatives (OTI) the number of all approved professional development hours completed by each teacher who is employed by the District and subject to the professional development requirement, regardless of the professional development provider.
All hours of completed professional development reported by Districts will become part of the certificate holder’s certification record maintained by OTI. Teachers with professional certificates must complete the required number of hours of professional development every five years for their certificates to remain valid.
The District is required to report professional development hours for its employees online directly via the Web-based computer system TEACH (Teacher Education and Certification Help).
Certificate Holder Responsibilities
All professional certificate holders must keep records of all of their approved professional development activities/programs/coursework, regardless of the provider, for at least seven years from the date of completion of the program and will be available for review by SED. Such records will include those items enumerated in Commissioner’s Regulations Section 80-3.6(f):
a) The title of the program;
b) The number of hours completed;
c) The sponsor’s name and any identifying number;
d) Attendance verification; and
e) The date and location of the program.
While it is the responsibility of the District to report hours, it is in the interest of every professional certificate holder to verify that their professional development hours are reported and that their individual record is complete. It is recommended that professional certificate holders develop their personal professional development plan in consultation with the District, and obtain District approval before commencing any professional development activities.
8 New York Code of Rules and Regulations (NYCRR) Subpart 80-3 and Section 100.2(dd)
The Superintendent may assign a teacher to teach a subject not covered by such teacher’s certificate or license for a period not to exceed five classroom hours a week, when no certified or qualified teacher is available after extensive and documented recruitment efforts, and provided that approval of the Commissioner of Education is obtained in accordance with the requirements as enumerated in Commissioner’s regulations.
Not later than 20 business days after such an assignment, the Superintendent will submit for approval an application, in a form satisfactory to the Commissioner, containing the following information:
a) Evidence of extensive recruitment of a teacher certified in the appropriate area;
b) The name and certification status of the teacher given such assignment;
c) The subject which the teacher is being assigned to teach on an incidental basis and the total number of classes in the subject being taught on an incidental basis;
d) The qualifications of the teacher to teach such subject on an incidental basis;
e) The specific reasons why an incidental assignment is necessary;
f) The anticipated duration of the incidental teaching assignment; and
g) The number of applications, approved or pending, for authorization to make incidental teaching assignments in the same certification area for which the current authorization is being sought.
To be approved, the application will demonstrate to the satisfaction of the Commissioner that an incidental teaching assignment is necessary, that the teacher assigned is the best qualified to teach the subject on an incidental basis, and that the requirements of Commissioner’s regulations have been met.
The Commissioner will issue a determination within 20 business days of receipt of the District’s application.
In the event that the application is disapproved, the Superintendent, within seven business days of receipt of the notice of disapproval, will terminate the incidental assignment. In the event that the application is approved, such approval will be deemed to have commenced on the date of the incidental teaching assignment and will terminate on the last day of the school year for which it is granted.
The Superintendent may renew an incidental teaching assignment, in accordance with the requirements of Commissioner’s regulations, for any subsequent school year. In addition to submitting to the Commissioner the information noted above for initial approval of an incidental teaching assignment, a renewal application must provide a number of assurances, including that the teacher assigned a course on an incidental basis has completed, or has agreed to complete, within the prescribed time period, at least three semester hours of credit or the equivalent leading to certification in the subject area of the incidental assignment.
8 New York Code of Rules and Regulations (NYCRR) Section 80-5.3
PROBATION AND TENURE
Certified staff members will be appointed to a probationary period by a majority vote of the Board upon recommendation of the Superintendent.
Teachers, all other members of the teaching staff, administrators, directors, supervisors, principals, and all other members of the supervisory staff, except associate, assistant, and other superintendents, will be appointed to a probationary period of four years. The probationary period will not exceed three years for teachers previously appointed to tenure in this or another school district or BOCES within the state, provided that the teacher was not dismissed from the prior district or BOCES and met the required annual professional performance review (APPR) rating in his or her final year of service there. Additionally, up to two years of service as a regular substitute teacher may be applied toward probationary service. (This is sometimes referred to as Jarema Credit.)
During the probationary period, a staff member will be given assistance in adjusting to the new position, but the essential qualifications for acceptable performance will be assumed because the staff member attained the required certification or license.
A staff member’s appointment may be discontinued at any time during his or her probationary period upon the recommendation of the Superintendent and by majority vote of the Board. Any person not recommended for tenure appointment will be notified in writing by the Superintendent no later than 60 days before his or her probationary period expires.
The Board will follow all applicable laws and regulations regarding tenure.
At the expiration of the probationary period or within six months prior, the Superintendent will make a written report to the Board recommending for appointment to tenure 1) those non-teaching certified staff members who successfully completed their probationary period in the District, and 2) teachers and principals who have been found competent, efficient, and satisfactory, and who have received the APPR rating of effective or highly effective in at least three of the preceding four years. If a teacher or principal receive an APPR rating of ineffective in their final probationary year, the Board may not award tenure, but may extend that teacher’s or principal’s probationary time by an additional year. The teacher or principal may be eligible for immediate tenure if he or she successfully appeals the ineffective rating. The Board may then—by a majority vote—appoint to tenure any or all of the persons recommended by the Superintendent.
When the initial probationary period expires, a teacher or principal will remain on probationary status until the end of the school year in which he or she received APPR ratings of effective or highly effective. The Board may also grant tenure contingent upon a teacher’s or principal’s receipt of a minimum APPR rating in the final year of the probationary period.
Resolutions Making Appointments
Each Board resolution making a probationary appointment or an appointment on tenure will specify:
a) The name of the appointee;
b) The tenure area or areas in which the professional will devote a substantial portion of his or her time;
c) The date probationary service or service on tenure commences in each area;
d) The expiration date of the appointment, if made on a probationary basis. For appointments of classroom teachers and principals, the resolution must state that:
1. To receive tenure, the individual must receive composite or overall APPR ratings of effective or highly effective in at least three of the four preceding years; and
2. If the teacher or principal receives an ineffective composite or overall APPR rating in his or her final year of probation, he or she will not be eligible for tenure at that time; and
e) The certification status of the appointee in reference to the position to which the individual is appointed.
Education Law §§ 2509, 2573, 3012, 3012-c, 3012-d, 3014, and 3031 8 NYCRR §§ 30-1.3, 80-3.6, 80-3.9, and 80-3.10
DISCIPLINING OF A TENURED TEACHER OR CERTIFIED PERSONNEL
Tenured teachers and certain certified personnel may be subject to disciplinary charges that are set forth in Education Law Section 3012.
Procedures for a hearing regarding these disciplinary measures will be in accordance with Education Law Section 3020-a and/or in accordance with applicable contractual provisions.
Automatic Revocation of Teacher and Administrative Certificates by the Commissioner of Education
The Commissioner of Education will revoke and annul the certificate of a teacher, teaching assistant, pupil personnel services professional, school administrator or supervisor, or Superintendent convicted of a sex offense for which registration as a sex offender is required under the Sex Offender Registration Act. These offenses include, but are not limited to, sexual misconduct, sexual abuse, rape, statutory rape, various other criminal sexual acts, and certain kidnapping offenses. Annulment and revocation will be in accordance with Education Law Section 305(7-a).
In addition, the Commissioner of Education will revoke and annul the certificate of a school district administrator, school administrator or supervisor, or school business administrator convicted of fraud under Penal Law Section 195.20 which makes it a felony to obtain governmental property in excess of $1,000 through a systemic ongoing course of conduct with the intent to defraud or obtain property by false or fraudulent pretenses, representations or promises. Annulment and revocation will be in accordance with Education Law Section 305(7-b).
Education Law Sections 3012 and 3020-a
8 New York Code of Rules and Regulations (NYCRR) Subpart 82-1
PROFESSIONAL STAFF: SEPARATION
A probationary professional staff member may be discontinued at any time during his or her probationary period on the recommendation of the Superintendent and by a majority vote of the Board.
If the Superintendent will be submitting to the Board a negative recommendation for tenure or a recommendation to discontinue the services of a probationary professional staff member, the Superintendent must give the probationary employee written notice 30 days prior to the Board meeting at which such recommendation will be considered. If a majority of the Board accepts the recommendation and votes to dismiss, the professional staff member must then be given a written notice at least 30 days prior to the effective date of termination of services. The District will adhere to all other statutory timeframes.
The Board will expect any professional staff member desiring to terminate his or her services to provide the Board with a minimum of 30 days notice before the effective termination date.
When possible, a professional staff member will make every effort to terminate employment at the end of the school year. Resignations must be in writing and include the effective date.
Education Law Sections 2509, 3012, 3019-a and 3031
District’s needs may sometimes require temporary appointments. The terms of these appointments will be defined by the Board on a case-by-case basis.
The Pine Bush Central School District will cooperate with teacher training institutions in the placement of student teachers in order to provide beginning teachers with the best possible student teaching experience.
Student teachers will be protected from liability for negligence or other acts resulting in accidental injury to any person by the District, as provided by law.
A substitute teacher qualified to teach in the Pine Bush Central School District will be employed, whenever possible, by the Superintendent in the absence of a regular teacher. It is recognized that fully certified persons will not always be available for employment as substitute teachers.
Eligibility for Service
Per Commissioner’s Regulations Section 80-5.4, there will be three categories of substitutes as follows:
a) Substitutes with valid teaching certificates or certificates of qualification. Service may be rendered in any capacity, for any number of days. If employed on more than an “itinerant” basis, such persons will be employed in an area for which they are certified.
b) Substitutes without a valid certificate, but who are completing collegiate study towards certification at the rate of not less than six semester hours per year. Service may be rendered in any capacity, for any number of days, in any number of school districts. If employed on more than an “itinerant” basis, such persons will be employed in the area for which they are seeking certification.
c) Substitutes without a valid certificate and who are not working towards certification. Service may be rendered for no more than 40 days per school year.
The Board will annually establish the ordinary rate for per diem substitute teachers.
Education Law Section 3023
8 New York Code of Rules and Regulations (NYCRR) Section 80-5.4