Current through Register Vol. 46, No. 12, March 20, 2024
(a)
Definitions.
For the purposes of the apportionments pursuant to sections
1950(15) and 3602(27) of the Education Law, the following definitions shall
apply:
(1)
Salary
shall mean the amount of compensation that is to be paid to a teacher exclusive
of the amounts paid on behalf of a teacher for employee benefits.
(2) Except as specified in subdivision (e) of
this section, teacher shall mean a certified or licensed
teacher reported to the New York State Education Department through the Basic
Educational Data System who provides classroom instruction to students in
grades kindergarten through 12 on a full-time basis.
(3)
(i)
Regions shall mean the following geographic regions, organized
by county as specified in the following table:
Region |
Counties |
New York City: |
New York, Bronx, Kings, Queens, Richmond |
Nassau-Suffolk: |
Nassau, Suffolk |
Mid-Hudson: |
Dutchess, Orange, Putnam, Rockland, Sullivan, Ulster,
Westchester |
Upper Hudson: |
Albany, Columbia, Fulton, Greene, Montgomery,
Rensselaer, Saratoga, Schenectady, Schoharie |
Lake Champlain - Lake George: |
Clinton, Essex, Hamilton, Warren, Washington |
Black River - St. Lawrence: |
Franklin, Jefferson, Lewis, St. Lawrence |
Upper Mohawk Valley: |
Herkimer, Oneida |
Central: |
Cayuga, Cortland, Madison, Onondaga, Oswego |
Southern Tier-East: |
Broome, Chenango, Delaware, Otsego Tioga,
Tompkins |
Southern Tier-Central: |
Chemung, Schuyler, Steuben |
Southern Tier-West: |
Allegany, Cattaraugus, Chautauqua |
Genesee - Finger Lakes: |
Genesee, Livingston, Monroe, Ontario, Orleans,
Seneca, Wayne, Yates |
Western: |
Erie, Niagara, Wyoming |
(ii) Existing school districts shall be
assigned to regions by the county in which they are located, as designated in
the Code Manual for Public School Districts of New York State, 1985-86 (The
University of the State of New York, State Education Department, Albany, NY
12234: available at the Information Center on Education, Room 385, Education
Building Annex, State Education Department, Albany, NY 12234). School districts
which are reorganized after the effective date of this section shall be
assigned to regions by the county in which they are located, as determined by
the commissioner.
(iii) Existing
boards of cooperative educational services (BOCES) shall be assigned to regions
as specified in the following table; provided that BOCES which are reorganized
after the effective date of this section shall be assigned to regions as
determined by the commissioner and provided further that the commissioner may
consolidate two or more regions into a single region for any school year or on
a permanent basis whenever necessary:
Region |
BOCES |
Nassau-Suffolk: |
Nassau, Suffolk 1, Suffolk 2, Suffolk 3 |
Mid-Hudson: |
Dutchess, Orange-Ulster, Putnam-Westchester,
Rockland, Sullivan, Ulster, Westchester 2 |
Upper Hudson: |
Albany-Schoharie-Schenectady,
Otsego-Delaware-Schoharie- Greene, Rensselaer-Columbia-Greene,
Saratoga-Warren |
Lake Champlain - Lake George: |
Clinton-Essex-Warren-Washington, Hamilton-Fulton-
Montgomery, Washington-Warren-Hamilton-Essex |
Black River - St. Lawrence: |
Franklin-Essex-Hamilton,
Jefferson-Lewis-Hamilton-Herkimer- Oneida, St. Lawrence-Lewis |
Upper Mohawk Valley: |
Herkimer-Fulton-Hamilton-Otsego,
Oneida-Madison-Herkimer |
Central: |
Cayuga-Onondaga, Madison-Oneida, Onondaga-Cortland-
Madison, Oswego |
Southern Tier-East: |
Broome-Delaware-Tioga,
Delaware-Chenango-Madison-Otsego, Tompkins-Seneca-Tioga |
Southern Tier-Central: |
Schuyler-Chemung-Tioga, Steuben-Allegany |
Southern Tier-West: |
Cattaraugus-Allegany-Erie-Wyoming |
Genesee - Finger Lakes: |
Genesee-Wyoming, Livingston-Steuben-Wyoming, Monroe
1, Monroe 2-Orleans, Ontario-Seneca-Yates-Cayuga-Wayne, Orleans-Niagara |
Western: |
Erie 1, Erie 2-Chautauqua-Cattaraugus |
(4)
First-year, second-year, and third-year shall
mean the number of years employed as a teacher in any school district or board
of cooperative educational services in New York State.
(5)
Current year shall mean
the school year during which the apportionment is to be paid.
(6)
Base year shall mean the
school year immediately preceding the current year.
(b)
Application
for the apportionment.
In order to receive an apportionment of aid pursuant to
section 1950(15) of the Education Law, each participating board of cooperative
educational services shall submit an application for the apportionment to the
commissioner by January 1st of the current year. In order to receive an
apportionment of aid pursuant to section 3602(27) of the Education Law, the
board of education of each participating school district shall submit an
application for the apportionment to the commissioner by October 1st of the
current year, provided that each board of education which, as of October 1,
1986, had not entered a collective bargaining agreement for the 1985-86 school
year with the certified or recognized employee organization(s) representing
teachers in the school district, may submit an application for such
apportionment for the 1986-87 school year on or before June 30, 1988. Such
applications shall be in a form prescribed by the commissioner.
(c)
Computation of the
apportionment.
(1) For the purposes of
paragraph (d) of subdivision 15 of section 1950 of the Education Law, the
regional median board of cooperative educational services teacher salaries for
first-, second- and third-year teachers, or the consolidated regional median
board of cooperative educational services teacher salaries for first-, second-
and third-year teachers for those boards of cooperative educational services
assigned to two or more regions which have been consolidated, shall be
calculated using salaries paid in the base year to such teachers with a
bachelors degree by all boards of cooperative educational services located
within the region. The statewide median board of cooperative educational
services teacher salary for first-, second- and third-year teachers shall be
calculated using the salaries paid in the base year to such teachers with a
bachelors degree by all boards of cooperative educational services in the
State. Salary amounts for this purpose shall be for services rendered during
the period from September 1st through June 30th. Data used to calculate these
medians shall be those salaries reported to the New York State Education
Department through the Basic Educational Data System by all boards of
cooperative educational services by February 1st of the base year.
(2) For the purposes of paragraph (d) of
subdivision 27 of section 3602 of the Education Law, the regional median
teacher salaries for first-, second-and third-year teachers shall be calculated
using salaries paid in the base year to such teachers with a bachelors degree
by all school districts located within the region. The statewide median teacher
salary for first-, second-and third-year teachers shall be calculated using
salaries paid in the base year to such teachers with a bachelors degree by all
school districts in the State. Salary amounts for this purpose shall be for
services rendered during the period from September 1st through Jun 30th. Data
used to calculate these medians shall be those salaries reported to the New
York State Education Department through the Basic Educational Data System by
all school districts by February 1st of the base year.
(d)
Payment of the
apportionment.
(1) The apportionment
due to each board of cooperative educational services pursuant to subdivision
15 of section 1950 of the Education Law shall be paid after receipt by the
department of the application required by subdivision (b) of this section, in
accordance with the following schedule:
(i) 25
percent of the apportionment shall be paid following receipt of the
application; and
(ii) the remainder
of the apportionment shall be paid in equal installments with the regular
April, May and June State aid payments.
(2) The apportionment due each school
district pursuant to subdivision 27 of section 3602 of the Education Law shall
be paid in accordance with the provisions of section 3609 of the Education Law
after receipt of an application from the district.
(e)
Distribution of the apportionment
to eligible teachers.
The set-aside amount shall be distributed to teachers, as
such term is defined in paragraph (a)(2) of this section, who are in their
first, second or third year. The amount remaining after distribution of the
set-aside amount shall be distributed to eligible teachers in accordance with
this subdivision.
(1) Definition.
(i) Commencing on March 14, 1988, for the
purposes of this subdivision,
eligible teacher shall mean a
school employee who provides nonsupervisory educational services as a
mentor-teacher or to pupils in prekindergarten programs or pupils in grades
kindergarten through 12 or adults in adult vocational or academic programs
under one of the following teachers' certificates or licenses issued pursuant
to Part 80 of this Title or in a comparable position in the city school
districts of New York or Buffalo, provided that such term shall not include a
school employee who is compensated for such educational services under an
administrative or supervisory salary or salary schedule, and further provided
that such term shall not include a substitute teacher who is employed on an
occasional or day-to- day basis:
(a) a
certificate valid for pupil personnel service;
(b) a certificate valid for teaching
occupational subjects;
(c) a
certificate valid for teaching special education, the deaf and hearing
impaired, the blind and partially sighted or the speech- and
hearing-handicapped;
(d) a
certificate valid for a reading teacher;
(e) a certificate valid for school media
specialist, school media specialist (library), or school media specialist
(educational communications);
(f) a
certificate valid for teaching bilingual education;
(g) a certificate valid for teaching English
to speakers of other languages (N-12);
(h) a certificate valid for teaching in the
early childhood, upper elementary and/or early secondary grades;
(i) a certificate valid for teaching an
academic subject;
(j) a certificate
valid for teaching a special subject;
(k) a license or certificate valid for
service as a teaching assistant; and/or
(l) a temporary teaching license.
(2) Determination of
salary increases.
(i) In school districts and
boards of cooperative educational services where the eligible teachers are
represented by one or more certified or recognized employee organizations, all
salary increases funded from this apportionment shall be determined by separate
collective negotiations in accordance with sections 1950(15) and 3602(27) of
the Education Law. Such negotiations may occur either concurrently or
consecutively with the negotiation of the main collective bargaining agreement.
Where there are first-, second-or third-year teachers in more than one
bargaining unit, the amount set aside for such first-, second- and third-year
teachers shall be allocated to each bargaining unit for bargaining purposes on
a per capita basis in accordance with the number of first-, second- and
third-year teachers in each bargaining unit on October 1st of the current year.
Where there are eligible teachers in more than one bargaining unit, the amount
of the apportionment payable to the school district or board of cooperative
educational services remaining after distribution of the set-aside amount shall
be allocated to each bargaining unit for bargaining purposes on a per capita
full-time equivalent basis in accordance with the number of eligible teachers
in each bargaining unit on October 1st of the current year. The actual
allocation of funds to eligible teachers in each collective bargaining unit
shall be made in accordance with the agreement separately negotiated between
the collective bargaining agent and the school district or board of cooperative
educational services.
(ii) In
school districts and boards of cooperative educational services where the
eligible teachers are not represented by a certified or recognized employee
organization, the salary increases funded from this apportionment shall be
determined by the governing body of the school district or board of cooperative
educational services, in the same manner as teacher compensation is currently
determined.
(iii) In school
districts and boards of cooperative educational services where some, but not
all, eligible teachers are represented by one or more certified or recognized
employee organizations, the apportionment shall be allocated between the
unrepresented eligible teachers and the bargaining units in the same manner as
is prescribed in subparagraph (i) of this paragraph for allocation among
bargaining units. The salary increases for unrepresented eligible teachers to
be funded from this apportionment shall be determined by the governing body of
the school district or board of cooperative educational services, and shall be
paid from the sum allocated to unrepresented eligible teachers.
(3) Except as otherwise provided
in paragraph (7) of this subdivision, the apportionment received by a school
district or board of cooperative educational services in a school year shall be
distributed to those eligible teachers employed by the school district or board
of cooperative educational services during that school year, provided that
where separate negotiations are required pursuant to subparagraph (2)(i) of
this subdivision, but have not been completed and the apportionment has not
been distributed to the eligible teachers by June 30th of the current year, the
school district or board of cooperative educational services shall place the
apportionment in escrow, in accordance with such requirements as the State
Comptroller may prescribe, until the negotiations are completed, so that the
apportionment and any interest earned thereon will be paid to eligible teachers
who were employed during that school year.
(4) Any employee benefits paid on behalf of
eligible teachers by a school district or board of cooperative educational
services shall be based on total salaries, including the amount paid from this
apportionment.
(5) The monies paid
to a school district or board of cooperative educational services pursuant to
section 1950(15) or 3602(27) of the Education Law and this section shall not be
expended for employee benefits.
(6)
Eligible teachers shall not be required to perform additional services as a
condition of their receipt of a distribution of funds pursuant to this
subdivision.
(7) In any school
district or board of cooperative educational services in which a separately
negotiated agreement for the distribution of the apportionment was entered into
prior to March 14, 1988, the amount of the apportionment remaining after
distribution of the set-aside amount shall be distributed in accordance with
such agreement to eligible teachers, as such term was defined in paragraph (1)
of this subdivision on the date that the agreement was entered, who were
employed by the school district or board of cooperative educational services
during the applicable school year. Additional apportionments for the 1988-89
school year and thereafter shall be allocated in accordance with paragraph (2)
of this subdivision. However, nothing contained in this subdivision shall be
construed as requiring the renegotiation of collectively negotiated agreements
for the distribution of the excellence in teaching apportionment that were
entered into prior to March 14, 1988.
(f)
Reports.
On August 15th of each year beginning with August 15, 1987,
or as soon thereafter as an agreement is negotiated with the certified or
recognized employee organization(s) pursuant to Education Law, section
1950(15)(a) or 3602(27)(a), each school district and board of cooperative
educational services which has received an apportionment pursuant to this
section shall file with the commissioner a report which shall include the
following:
(1) the set-aside amount
and the remaining apportionment distributed during the base year;
(2) a description of methods and procedures
used to distribute the set-aside amount during the base year;
(3) a description of methods and procedures
used to distribute the remaining apportionment during the base year;
(4) where applicable, a certification that
separate negotiations were conducted to determine the distribution of the
apportionment; and
(5) such
additional data as may be required by the commissioner.
(g) To the extent that expenditures from this
apportionment are not made in accordance with sections 1950(15) and 3602(27) of
the Education Law and/or this section, such amount shall be disallowed and
shall be deducted from the next State aid payment due the school district or
board of cooperative educational services.