N.Y. Comp. Codes R. & Regs. tit. 8 § 80-5.4
Current through Register Vol. 46, No. 25, June 18, 2024
Section 80-5.4 - Substitute teachers(a)Definitions.As used in this section:
(1)Substitute teacher means one who is employed in place of a regularly appointed teacher who is absent but is expected to return.(2)Long-term basis means employment for more than 40 days by a school district or board of cooperative educational services in a school year.(3)Itinerant basis means employment for 40 days or less by a school district or board of cooperative educational services in a school year.(b)Responsibility.The responsibility for the employment of appropriately qualified substitutes rests with the chief school officer. Persons employed on a long-term basis shall have the proper certification for the position, except as provided in paragraphs (c)(2) and (3) of this section.
(c)Length of employment. There shall be three categories of substitutes as follows:
(1) Substitutes with valid teaching certificates. 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 except as otherwise provided in paragraph (4).(2) Substitutes without a valid certificate, but who are completing collegiate study toward 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 except as otherwise provided in paragraph (4).(3) Substitutes without a valid certificate and who are not working towards certification. Service may be rendered for no more than 40 days by a school district or board of cooperative educational services in a school year except as otherwise provided in paragraph (4).(4) In extreme circumstances where there is an urgent need for a substitute teacher and the district has undertaken a good faith recruitment search for an appropriately certified candidate, and determined that there are no available certified teachers to perform the duties of such position, a substitute teacher who holds a high school diploma or its equivalent, may be employed by the school district or board of cooperative educational services beyond 40 days, for up to an additional 50 days (90 days total in a school year), if the district superintendent (for districts that are a component district of a board of cooperative educational services and boards of cooperative educational services) or the superintendent (for school districts that are not a component district of a board of cooperative educational services) certifies that the district or board of cooperative educational services, as applicable, has conducted a good faith recruitment search and there are no available appropriately certified teachers that can perform the duties of such position. In rare circumstances, a district or BOCES may hire a substitute teacher beyond the 90 days, if a district superintendent or superintendent certifies that a good faith recruitment search has been conducted and that there are still no available appropriately certified teachers who can perform the duties of such position and that a particular substitute teacher is needed to work with a specific class or group of students until the end of the school year.(d)Reporting. The chief school officer of each school district and the district superintendent of each board of cooperative educational services shall submit an annual report concerning the employment of all uncertified substitute teachers to the commissioner on forms prescribed by the commissioner, which shall include the number of uncertified substitute teachers authorized to be employed beyond 40 days for the limited circumstances described in paragraph (4) of this section, with the required certification(s) from the district superintendent or superintendent, as applicable, for each substitute teacher employed beyond 40 days, certifying that a good faith recruitment search was conducted and that there were no available appropriately certified teachers that could perform the duties of such position. The annual report shall also include the number of uncertified substitute teachers authorized to be employed beyond 90 days for the limited circumstances described in paragraph (4) of this section, with the required certification(s) from the district superintendent or superintendents, as applicable, for each uncertified substitute teacher employed beyond 90 days, certifying that a good faith recruitment search was conducted and that there were no available appropriately certified teachers that could perform the duties of such position and that a particular substitute teacher is needed to work with a specific class or group of students until the end of the school year.
N.Y. Comp. Codes R. & Regs. Tit. 8 § 80-5.4
Amended, New York State Register, Volume XXXVI, Issue 27, effective 7/9/2014Amended New York State Register July 27, 2016/Volume XXXVIII, Issue 30, eff. 7/27/2016Amended New York State Register December 28, 2016/Volume XXXVIII, Issue 52, eff. 12/28/2016Amended New York State Register December 24, 2019/Volume XLI, Issue 52, eff. 12/24/2019Amended New York State Register December 30, 2020/Volume XLII, Issue 52, eff. 12/30/2020Amended New York State Register November 3, 2021/Volume XLIII, Issue 44, eff. 11/3/2021Amended New York State Register September 28, 2022/Volume XLIV, Issue 39, eff. 9/28/2022Amended New York State Register September 27, 2023/Volume XLV, Issue 39, eff. 9/27/2023