Current through Register Vol. 46, No. 12, March 20, 2024
(a)
Definitions.
As used in this section:
(1)
High need school means a
school designated by the Commissioner of Education as a high need school. Such
term shall include, but not be limited to, schools under registration review,
low performing schools, and other high need schools, 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.
(2)
Teacher shortage area
means a subject area designated by the Commissioner of Education as a having a
shortage of certified teachers in the previous school year and a projected
shortage in the current school year.
(3)
Retired person means a
retired person as defined in section 210 of the Retirement and Social Security
Law.
(b)
Applicability.
(1) The approval of the
commissioner to the employment of a retired person by any school district
(other than the city school district of the City of New York), or by any board
of cooperative educational services (BOCES) or any county vocational education
and extension board, in the unclassified service pursuant to section 211 of the
Retirement and Social Security Law, or to the employment by any school district
of a retired person as a school resource officer in the classified service as
authorized by section 212(3) of the Retirement and Social Security Law, shall
be obtained in accordance with the requirements prescribed in this
section.
(2) The approval of the
commissioner shall not be granted for the employment of a retired person in any
school district, BOCES or county vocational education and extension board if
the retired person is seeking to return to work in the same or similar position
that the retired person retired from for a period of one year following the
date of his/her retirement.
(c)
Written request for
approval.
(1) The prospective employer
shall file with the commissioner a written request for approval, which shall
certify to the commissioner the following:
(i) that the retired person is duly qualified
and competent;
(ii) that the
retired person is physically fit to perform the duties to be
assigned;
(iii) that the retired
person is properly certified as a teacher where such certification is
required;
(iv) specific reasons why
there is a need for the services of the particular retired person;
(v) specific reasons why the employment of
the particular retired person is in the best educational interests of the
district, or the board; and
(vi)
that there are not readily available other persons who are not retired persons
qualified to perform the duties to be assigned, in accordance with section 211
of the Retirement and Social Security Law.
(2) The written request shall also include
satisfactory documentation to establish either of the following:
(i) that the district or board has undertaken
an extensive and good faith recruitment search for a certified and qualified
candidate, or in the case of a school resource officer a qualified candidate,
and determined that there are no available non-retired persons qualified to
perform the duties of such position. Satisfactory documentation of an extensive
and good faith recruitment search shall include, but not be limited to,
evidence that the district or board:
(a)
considered all certified and qualified non-retired candidates, or in the case
of a school resource officer all qualified non-retired candidates, before
requesting approval from the commissioner under this section; and
(b) advertised for the particular position in
a sufficiently broad manner appropriate for that position, based on the
geographic location of the district or board and on any prior historical
shortages for that position in the district or board; or
(ii) that there is an urgent need for the
retired person's services in such position as a result of an unplanned,
unpredictable and unexpected vacancy requiring an immediate temporary interim
appointment, precluding the district or board from conducting an extensive
recruitment search. In the case of an emergency interim appointment, the
district or board shall describe the selection process employed for the interim
appointment.
(3) Each
written request for approval of employment of a retired person shall be
accompanied by:
(i) a copy of the resolution
of the board authorizing such employment, subject to the approval of the
commissioner;
(ii) a recruitment
plan, detailing how the prospective employer plans to replace the retired
person with a certified, and qualified person, or in the case of a school
resource officer a qualified person, by the conclusion of the approved
temporary employment period. The recruitment plan shall specify the selection
criteria, the media outlets the district or board will utilize to recruit a
candidate and contingency plans for expanded recruitment if the initial
recruitment procedures do not yield sufficient, certified non retired
candidates; and
(iii) if a school
district is seeking the commissioner's approval of employment of a retired
person to the position of superintendent of schools, a certification that the
retired person may participate in, but shall not lead the review and selection
process for a permanent candidate of such position.
(4) The written request shall be signed by
the prospective employer and the retired person and filed with the commissioner
prior to employment, but in no event more than 30 days after employment
commences.
(d)
Duration of approval.
(1) Approval of
the commissioner shall be for a period of up to one school year; and may be
renewed once for up to an additional school year, but only in instances of
demonstrated extreme hardship or other unexpected and unforeseen circumstances
beyond the control of the district or board.
(2) Upon expiration of any renewal of the
commissioner's approval for the employment of a retired person, a district or
board shall not apply to the commissioner for additional approval under this
section for a retired person seeking employment in the same position, in the
same district unless the retired person is employed in a position as a
certified teacher in a teacher shortage area or in a high need school, or in
extreme circumstances where a district, BOCES or county vocational education
and extension board is prohibited by law or otherwise from hiring a permanent
replacement for a position, and such employment has been approved pursuant to
this section.
(e)
Notification to taxpayers.
Upon employment of a retired person under this section,
the district, BOCES or county vocational education and extension board shall
notify all resident taxpayers that a retired person has received the approval
of the commissioner for employment in the district pursuant to section 211 of
the Retirement and Social Security Law and the district shall notify such
taxpayers of the retired person's compensation package and of the retired
person's right to receive a pension while employed with the district or
board.