New York Codes, Rules and Regulations
Title 8 - EDUCATION DEPARTMENT
Chapter I - Rules of the Board Of Regents
Part 30 - Tenure Areas and Annual Professional Performance Reviews For Classroom Teachers and Building Principals
Subpart 30-1 - Tenure Areas
Section 30-1.2 - Applicability
Universal Citation: 8 NY Comp Codes Rules and Regs ยง 30-1.2
Current through Register Vol. 46, No. 39, September 25, 2024
(a) The provisions of this Subpart shall apply to all probationary appointments to professional education positions made by a board of education or a board of cooperative educational services by resolution on or after August 1, 1975 and to appointments on tenure based upon such probationary appointments.
(b) Except as otherwise provided in subdivision (c) of this section, the provisions of this Subpart shall apply to a professional educator appointed by a board of education or board of cooperative educational services for the performance of duties in instructional support services, as defined in section 30-1.1(j) of this Subpart, on or after August 1, 1975 as follows:
(1) A professional educator employed by a
board of education or board of cooperative educational services on May 1, 2009
that was appointed to tenure or a probationary period in a tenure area
identified in this Subpart for the performance of duties in instructional
support services and who did not provide knowing consent to an assignment
outside of his previous tenure area pursuant to section
30-1.9 of this Subpart when he was
assigned by such board of education or board of cooperative educational
services prior to May 1, 2009 to the performance of duties in instructional
support services shall receive credit toward tenure and/or accrue tenure and
seniority rights in his previous tenure area from the initial date of his
assignment to the performance of such duties and shall continue to receive
tenure and/or seniority rights in his previous tenure area while assigned to
perform duties in instructional support services.
(2) A professional educator employed by a
board of education or board of cooperative educational services on May 1, 2009
who was appointed by such board of education or board of cooperative
educational services prior to May 1, 2009 for the performance of duties in
instructional support services, and who was appointed to tenure or a
probationary period in an improper tenure area or a tenure area not authorized
under this Subpart based upon the performance of such duties, shall be deemed
to have been appointed or assigned by such board of education or board of
cooperative educational services to serve in a tenure area for which he holds
the proper certification as described in section
30-1.9(b) of this
Subpart as it exists on May 1, 2009, from the initial date of his assignment
and shall continue to receive credit toward tenure and/or accrue tenure and
seniority rights in such tenure area while assigned to perform duties in
instructional support services provided that he holds the proper certification
for such tenure area.
(3) Any board
of education or board of cooperative educational services that employs a
professional educator on May 1, 2009 who has not been appointed to tenure or a
probationary period in a tenure area and is performing duties in instructional
support services, shall make a probationary appointment in accordance with the
provisions of section
30-1.9(b) of this
Subpart by July 1, 2009 if the board desires to continue to employ such
professional educator for instructional support services, provided that the
professional educator meets the requirements of section
80-5.21 of this Title. Thereafter,
appointments on tenure shall be made in accordance with the provisions of this
Subpart.
(4) Any board of education
or board of cooperative educational services that assigns a professional
educator to the performance of instructional support services on or after May
1, 2009 who has previously been appointed to tenure or a probationary period by
such board in a tenure area identified in this Subpart shall credit the
professional educator with tenure and seniority rights in their existing tenure
area while assigned to perform duties in instructional support
services.
(5) Any board of
education or board of cooperative educational services that appoints a
professional educator on or after May 1, 2009 for the performance of duties in
instructional support services shall make probationary appointments and
appointments on tenure in accordance with section
30-1.9(b) of this
Subpart.
(c) The provisions of this Subpart shall apply to a professional educator employed by a board of cooperative educational services to devote a substantial portion of his time to the provision of instructional support services on or after May 20, 2011 as follows:
(1) A professional educator
employed by a board of cooperative educational services to devote a substantial
portion of his time to the provision of instructional support services on May
20, 2011, who was previously appointed by the board to tenure or a probationary
period in a tenure area identified in this Subpart shall either:
(i) continue to receive credit toward tenure
and/or accrue tenure and seniority rights in his previous tenure area from the
initial date of his assignment and continue to receive tenure and/or seniority
rights in his previous tenure area while assigned to devote a substantial
portion of his time to the provision of instructional support services;
or
(ii) if the professional
educator provides knowing consent to the board of cooperative educational
services to change his tenure area pursuant to section
30-1.9 of this Subpart by June 20,
2011, he may receive credit toward tenure and/or accrue tenure and seniority
rights in one of the special subject tenure areas of instructional support
services established in section
30-1.8 of this Subpart, from the
date of his initial assignment to a position where he devoted a substantial
portion of his time to the provision of such instructional support services and
he shall continue to receive tenure and seniority rights in that tenure area
while assigned to a position where he devotes a substantial portion of his time
to the provision of instructional support services appropriate for such tenure
area.
(2) Any board of
cooperative educational services that appoints or assigns a professional
educator on or after May 20, 2011 to devote a substantial portion of his time
to the provision of instructional support services shall make probationary
appointments and appointments on tenure in accordance with section
30-1.8(e) of this
Subpart.
(3) Any board of
cooperative educational services that appoints a professional educator on or
after May 20, 2011 to devote a substantial portion of his time to instructional
support services as a result of a board of cooperative educational services
taking over a program formerly operated by a school district or a county
vocational education and extension board pursuant to section
3014-a of the
Education Law, shall credit the professional educator with tenure and seniority
rights in the special subject tenure area for instructional support services
established in section
30-1.8(e) of this
Subpart from the initial date of his assignment to the performance of
instructional support services in the school district or county vocational
education and extension board and shall continue to credit the professional
educator with tenure and/or seniority rights in such tenure area while he is
assigned to devote a substantial portion of his time to the performance of
instructional support services in such tenure area at the board of cooperative
educational services.
(4) Any board
of education that appoints a professional educator on or after May 20, 2011 to
devote a substantial portion of his time to instructional support services as a
result of a school district taking over a program formerly operated by a board
of cooperative educational services pursuant to section 3014-b, where the
professional educator is serving in an instructional support services tenure
area pursuant to section
30-1.8(e) of this
Subpart, shall credit the professional educator with tenure and seniority
rights in a tenure area for which he holds the proper certification as
described in section
30-1.9(b) of this
Subpart, from the initial date of his assignment to the performance of
instructional support services in the board of cooperative educational services
and shall continue to credit such professional educator with tenure and/or
seniority rights in such tenure area while he is assigned to devote a
substantial portion of his time to the performance of instructional support
services provided that he holds the proper certification for such tenure
area.
(d) The provisions of this Subpart shall apply to a professional educator employed by a school district or board of cooperative educational services to devote a substantial portion of his or her time to the provision of instruction in computer science, on or after August 1, 1975, as follows:
(1) A
professional educator employed by a school district or board of cooperative
educational services on September 1, 2024 who was previously appointed by the
board to tenure or a probationary period in a tenure area identified in this
Subpart shall either:
(i) continue to receive
credit toward tenure and/or accrue tenure and seniority rights in his or her
previous tenure area from the initial date of his or her assignment and
continue to receive tenure and/or seniority rights in his or her previous
tenure area while assigned to devote a substantial portion of his or her time
to the provision of instruction in computer science: or
(ii) if the professional educator provides
knowing consent to the school district or board of cooperative educational
services to change his or her tenure area pursuant to section
30-1.9 of this Subpart by September
1, 2024 he or she may receive credit toward tenure and/or accrue tenure and
seniority rights in the special subject tenure area of computer science,
established in section
30-1.8 of this Subpart, from the
date of his or her initial assignment to a position where he or she devoted a
substantial portion of his or her time to the provision of instruction in
computer science and he or she shall continue to receive tenure and seniority
rights in that tenure area while assigned to a position where he or she devotes
a substantial portion of his or her time to the provision of computer science
instruction appropriate for such tenure area.
(2) Any school district or board of
cooperative educational services that appoints or assigns a professional
educator on or after September 1, 2024 to devote a substantial portion of his
or her time to the provision of computer science instruction shall make
probationary appointments and appointments on tenure in accordance with section
30-1.8(e) of this
Subpart.
(3) Any board of
cooperative educational services that appoints a professional educator on or
after September 1, 2024 to devote a substantial portion of his or her time to
computer science instruction as a result of a board of cooperative educational
services taking over a program formerly operated by a school district or a
county vocational education and extension board pursuant to section
3014-a of the
Education Law, shall credit the professional educator with tenure and seniority
rights in the special subject tenure area for computer science instruction
established in section
30-1.8(e) of this
Subpart from the initial date of his or her assignment to the performance of
computer science instruction in the school district or county vocational
education and extension board and shall continue to credit the professional
educator with tenure and/or seniority rights in such tenure area while he or
she is assigned to devote a substantial portion of his or her time to the
performance of computer science instruction in such tenure area at the board of
cooperative educational services. 11
(4) Any board of education that appoints a
professional educator on or after September 1, 2024 to devote a substantial
portion of his or her time to computer science instruction as a result of a
school district taking over a program formerly operated by a board of
cooperative educational services pursuant to section
3014-b of the
Education Law, where the professional educator is serving in a computer science
instruction tenure area pursuant to section
30-1.9(b) of this
Subpart, shall credit the professional educator with tenure and seniority
rights in a tenure area for which he or she holds the proper certification as
described in section
30-1.9(b) of this
Subpart, from the initial date of his or her assignment to the performance of
computer science instruction in the board of cooperative educational services
and shall continue to credit such professional educator with tenure and/or
seniority rights in such tenure area while he or she is assigned to devote a
substantial portion of his or her time to the performance of computer science
instruction provided that he or she holds the proper certification for such
tenure area.
(e) Except as otherwise provided in subdivisions (b), (c) and (d) of this section, each board of education or board of cooperative educational services shall on and after the effective date of this Subpart make probationary appointments and appointments on tenure in accordance with the provisions of this Subpart.
(f) This Subpart shall not be applicable to city school districts located within cities having a population in excess of 400,000 inhabitants or to school districts employing fewer than eight teachers.
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