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Article 53 - Personnel
| Section 53.1 | Recruitment Advertising |
| Section 53.2 | Positions of Employment |
| Section 53.3 | Fingerprinting and Criminal History Search |
| Section 53.4 | Health Examinations |
| Section 53.5 | Probation |
| Section 53.6 | Certification / Qualification |
| Section 53.7 | Assignment and Transfer |
| Section 53.8 | Loyalty Oath |
| Section 53.9 | Employee Personnel Records |
| Section 53.10 | Tenure |
| Section 53.11 | Political Activities |
| Section 53.12 | Discipline |
| Section 53.13 | Resignation |
| Section 53.14 | Staff Development Training |
| Section 53.15 | Maintaining Discipline and Conduct |
| Section 53.16 | Student Teachers |
| Section 53.17 | Substitute Teachersi |
| Section 53.18 | Employee Evaluations |
| Section 53.19 | Leaves of Absence |
| Section 53.20 | Jury Duty |
| Section 53.21 | Defense Indemnification |
Article 53
PERSONNEL
Adopted 8/22/02
Section 53.1 Recruitment & Advertising
(A) The District will attempt to employ the best-qualified personnel for all positions. The Superintendent shall be responsible for recruiting qualified applicants for vacant positions and recommending appointment of the most qualified applicant(s) to the Board of Education.
(B) The placement of advertisements and notices in newspapers, publications and websites shall be at the direction and in the discretion of the Superintendent, subject to the availability of budgeted funds to pay the costs thereof.
Section 53.2 Positions of Employment
(A) Upon the recommendation of the Superintendent, the Board of Education shall create, abolish, maintain and/or consolidate positions as the Board in its discretion deems necessary for the proper and efficient operation of the District.
(B) Prior to creating a new position, or making any changes to an existing position, the Superintendent shall present to the Board for its approval a job description for the position stating the duties, performance responsibilities and qualifications. When applicable, such job description shall be approved by the county civil service commission or personnel officer.
(C) The Superintendent shall maintain a comprehensive and up-to-date set of District job descriptions for all approved classified positions in the school system.
(D) The time, place and conditions of employment shall be assigned by the Superintendent.
Section 53.3 Fingerprinting and Criminal History Search
(A) For the purpose of this section, the following terms shall have the meanings indicated below:
(1) “Covered person” means any person who meets one of the following criteria:
(a) a person seeking a compensated position with the District and who is not currently employed by the District or a student in one of the District schools; or
(b) an employee of a provider of contracted services to the District who is to be placed within one of the District schools; or
(c) a person who is to be placed as a worker in one of the District schools under a public assistance employment program either directly or through contract; or
(d) a person who will reasonably be expected by the District to be in direct contact - meaning in person, face-to-face communication or interaction - with any District student(s) under the age of 21 (i.e., a volunteer, unpaid coach, unpaid advisor).
(2) “Exempt person” means an individual who meets one of the following criteria:
(a) a person seeking a position as a school bus driver or school bus attendant who has been cleared for employment pursuant to sections 509-cc, 509-d and/or 1229-d of the Vehicle and Traffic Law after fingerprinting and a criminal history record check and whose fingerprints remain on file with DCJS; or
(b) a person employed by the District as of June 30, 2001 and who has been continuously employed by the District thereafter; or
(c) a person who will reasonably be expected by the District to provide services on no more than five (5) days in a school year and for whom the District provides in-person supervision by one or more District employees while that person is providing such services (i.e., artists, guest lecturers and speakers, sports officials); or
(d) a person who is a parent of a District student and who volunteers to assist in a District activity in which such student is a participant (i.e., chaperone)
(B) Each covered person shall, prior to being employed by the District or being allowed to be in direct contact with any District student(s):
(1) execute authorizations and consents for fingerprinting and a criminal history records search of such covered person; and
(2) submit to fingerprinting and a criminal history records search pursuant to Education Law '3035 and the Commissioner’s regulations (8 NYCRR Part 87); and
(3) be granted
(a) a clearance for certification and/or employment by the NYS Education Department where required by State law or regulation, or
(b) an emergency conditional appointment when an unforeseen emergency vacancy has occurred, in accordance with the requirements of section 1604(39), 1709(39), 1804(9), 1950(4)(ll), 2503(18), 2554(25), or 2854(3)(a-2) of the Education Law; or
(c) a clearance for certification and/or employment is not required by State law or regulation.
(C) An exempt person shall not be required to submit to fingerprinting and/or a criminal history records search, or to execution authorizations or consents permitting the same, unless upon recommendation of the Superintendent the Board determines that such efforts are reasonably appropriate under the circumstances.
(D) The following chart shall be used as a guide by District officials in determining whether a person is subject to paragraphs (B) or (C) above:
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Type of Situation
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Fingerprinting required yes/no |
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New Applicant for employment |
Yes
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Applicant for employment who was employed by the District in the previous school year and either has passed a background check or is exempt
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No
|
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Volunteer
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No - if a parent of a District student who volunteers to assist in a District activity in which such student is a participant (i.e., chaperone) No - if not a parent, they will be in any particular covered school 5 times or less and they have in-person supervision by a employee of the covered school Yes - if they will be in any particular covered school more than 5 times
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Student employee (i.e., lifeguard or tutor)
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No - if enrolled in a District program Yes - if not enrolled in a District program
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Student employee who has no direct contact with students under the age of 21 (i.e., summer maintenance helper
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No
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Clerical staff in covered school
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Yes - if direct contact with students under the age of 21
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Janitorial Staff |
Yes - If direct contact with students under the age of 21 |
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Coaches
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Yes
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Substitute Teachers
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Yes
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Student Teachers
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No B if not compensated
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Hall Monitors
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Yes
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Cafeteria employees
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Yes
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Adult Continuing Education Instructors
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Yes - if direct contact with students under the age of 21
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Home and Hospital Instructors
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Yes
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Sports Officials
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Yes - if they will be in any particular covered school more than 5 times No - if they will be in any particular covered school 5 times or less and they have in-person supervision by a employee of the covered school
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Guest Lecturers or Performing Artists
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Yes - if they will be in any particular covered school more than 5 times No - if they will be in any particular covered school 5 times or less and they have in-person supervision by a employee of the covered school
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Bus Aides
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Yes, unless they have been cleared pursuant to section 1229-d of the Vehicle and Traffic Law
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Secretary at bus garage who occasionally fills in as a bus aide
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Yes
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Bus Drivers
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No - if cleared for employment pursuant to Vehicle & Traffic Law 509-cc, 509-d and/or 1229-d |
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Bus Drivers who also serve another role in covered school (i.e., janitor)
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Yes - if direct contact with students under the age of 21
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Individuals who have been fingerprinted for another purpose (i.e., teachers from another state, former police officers, former daycare workers)
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Yes - if direct contact with students under the age of 21
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Individuals seeking employment outside NYC who have been fingerprinted for employment in the NYC school system
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No - if the Department is able to get updated information on the fingerprints, otherwise new fingerprints will have to be provided
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Worker placed in the covered school under a public assistance employment program pursuant to Title 9-B of Article V of the Social Services Law
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Yes
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Construction workers, (i.e., painters, plumbers, architects)
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No - if no direct contact with students under the age of 21
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Section 53.4 Health Examinations
(A) In order to safeguard the health of District students and other staff all employees (other than substitute teachers, aides, monitors and coaches) appointed to a position shall obtain a physical examination at the time of employment by the District’s physician.
(B) All food service employees, food service substitutes, bus drivers, and substitute bus drivers shall have yearly physical examinations not more than four weeks prior to the opening of school in September. Bus drivers must use the school physicians; food service employees may either use the school physician or their own physician. Food service employees who chose to be examined by their own physician shall bear the cost of that examination.
(C) All employees are encouraged to obtain a physical examination every two years following their initial appointment as well as whenever the same is necessary.
(D) Final acceptance or rejection of a medical report with reference to the health of an employee lies within the discretion of the Board, and the decision of the physician designated by the Board as the determining physician shall take precedence over all other medical advice/opinions.
(E) In addition to the above, the Board shall have the right to require any employee to submit to a medical examination pursuant to Education Law '913.
(A) All teachers and professional staff members shall be appointed to a probationary period of three (3) years; except that the probationary period for a teacher previously appointed to tenure in this or another school District or BOCES within the state shall not exceed two (2) years provided the teacher was not dismissed from the former District.
(B) All other employees shall be appointed to a probationary period of 6 months.
(C) During the probationary period, an employee shall be given assistance in adjusting to the new position, but the responsibility for acceptable performance shall rest solely with the employee.
Section 53.6 Certification / Qualification
(A) Where the qualifications for a position of employment require the person to have a license or certification issued by a state and/or federal governmental agency, the appointment of a person to fill such position shall not take effect until such license or certification is issued.
(B) The original certificates and/or licenses must be presented for examination and copying in the office of the Superintendent of Schools as soon as they are available to the employee. Copies will be maintained in the employee’s personnel file by the Superintendent.
(C) Each employee shall inform the Superintendent immediately of any change in the status of their certification or license, including but not limited to revocation, upgrading, expiration, conversion and/or extension. The failure of any such employee to possess and maintain the required certification or license may result in the employee’s discharge from his/her position of employment with the District.
(D) In order to comply with the No Child Left Behind Act of 2001,
(1) commencing the 2002-2003 school year, the District shall hire only highly qualified teachers for Title I-supported programs; and
(2) commencing with the 2005-2006 school year, the District shall hire only highly qualified teachers to teach core academic subjects (English, Mathematics, Foreign Languages, Economics, History, Reading, Language Arts, Science, Civics, Government, Arts, and Geography).
(E) Highly qualified shall mean that the teacher:
(1) has full State teacher certification or has passed the State teacher licensing examination,
(2) be licensed to teach in the State, and
(3) not have had certification or licensure requirements waived on emergency, temporary, or provisional basis.
(F) Commencing January 8, 2002, new paraprofessionals hired by the District shall have earned a high school diploma and must meet one of the following criteria:
(1) completion of at least two years of study at a higher education institution; or
(2) obtain at least an associates degree; or
(3) meet a rigorous standard of quality and can demonstrate, through formal state or local academic assessment, knowledge of, and ability to assist in
(a) instruction, reading, writing and mathematics, or
(b) reading readiness, writing readiness, and mathematics readiness as appropriate.
(G) Paraprofessionals hired prior to January 8, 2002, shall meet the requirements set forth in paragraph (G) above within four years of such date
(H) Prior to the commencement of each school year, the District Superintendent shall notify parents of students at schools receiving Title I funds of the right to request the following information regarding their child’s teacher’s qualifications:
(1) whether the teacher has met state qualification and licensing criteria for the grade levels and subject areas for which the teacher is providing instructions;
(2) whether the teacher is teaching under emergency or other provisional status;
(3) the teacher’s undergraduate major, any other graduate certification or degree, and the field of discipline of the certification or degree; and
(4) whether the child is served by paraprofessionals and, if so, their qualifications.
(I) The District shall provide written notice to the parents of children who have been assigned to, or been taught for four or more consecutive weeks by, a teacher who is not highly qualified.
Section 53.7 Assignment and Transfer
The Superintendent shall have the power to assign and/or transfer an employee from one position to another provided that the same is accomplished in accordance with the applicable provisions of law and/or the employee's employment agreement.
Each District employee shall be required to take an oath of allegiance to the Constitutions of the United States and the State of New York before the effective date of their appointment or employment.
Section 53.9 Employee Personnel Records
(A) The Superintendent shall maintain a personnel file for each District employee.
(B) Examination of employee personnel records by the Board of Education shall be conducted only at executive sessions of the Board. Any Board member may request the Superintendent to bring the personnel records of a designated employee or employees to an open meeting of the Board. The Board shall then determine whether to conduct an executive session for the purpose of examining such records. The Superintendent shall present such records to the Board at the executive session. Such records shall, in their entirety, be returned to the custody of the Superintendent at the conclusion of the executive session.
(C) Information obtained from employee personnel records by members of the Board shall be used only for the purpose of aiding such members to fulfill their legal responsibilities in making decisions in such employee personnel matters as appointments, assignments, promotions, demotions, remuneration, discipline or dismissal, or to aid in the development and implementation of personnel policies, or such other uses as are necessary to enable the Board to carry out legal responsibilities.
(D) An employee shall be allowed access to and copies of his/her personnel file within a reasonable time after request is made to the Superintendent. Such records shall, in their entirety, be returned to the custody of the Superintendent at the conclusion of the employee’s review thereof. No charge shall be made to an employee for single copies of such records or portions thereof.
Teachers who have successfully completed a probationary period in the District may be recommended by the Superintendent for tenure appointment by the Board of Education in accordance with applicable law.
Section 53.11 Political Activities
The Board of Education recognizes the right of its employees, as citizens, to engage in political activities, as provided in the Federal Hatch Act Amendment. However, the Board of Education also recognizes that school property and school time shall not be used for political purposes.
(A) In accordance with applicable provisions of an employment agreement and/or applicable law, an employee may be subject to discipline, including but not limited to dismissal.
(B) A teacher may be dismissed at any time during his/her probationary period only upon the recommendation of the Superintendent in accordance with the Education Law.
An employee desiring to terminate his/her employment with the District shall, to the extent reasonably possible, provide the Superintendent with at least thirty (30) prior written days notice of his/her resignation. When possible, an employee shall make a reasonable effort to terminate his/her employment at the end of the semester or school year. Every resignation shall be in writing and include the effective date.
Section 53.14 Staff Development & Training
(A) The Superintendent shall arrange in-service and pre-service education programs which will
(1) allow teachers to become aware of and/or master new methods and techniques designed to improve the student learning; and
(2) allow other staff to improve job performance and efficiency.
(B) Members of the staff shall be encouraged to continue their formal education as well as to attend professional workshops, conferences and meetings, and to take an active part in professional organizations.
Section 53.15 Maintaining Discipline and Conduct
All District employees shall be responsible for maintaining pupil discipline and appropriate conduct during school hours and at extracurricular events.
Section 53.16 Student Teachers
The District shall cooperate with teacher training institutions in the placement of student teachers in order to provide beginning teachers with the best possible student teaching experience. As provided by law, student teachers shall be protected from liability for negligence or other acts resulting in accidental injury to any person by the District.
Section 53.17 Substitute Teachers[i]
(A) When a regular teacher is absent, a person shall be employed as a substitute teacher in accordance with the following:
(1) by the Superintendent, and without approval of the Board of Education, in emergency situations and/or where the expected period of need is not more than twenty (20) school days; and
(2) by the Superintendent and with the approval of the Board of Education where the expected period of need exceeds twenty (20) school days.
(B) The Superintendent shall endeavor to hire a person who is both
(1) certified to teach the absent teacher’s course subject matter, and
(2) otherwise qualified, in the determination of the Superintendent, to provide appropriate and acceptable instruction in such subject matter.
(C) In the event that a person meeting the qualifications in paragraph (B) above is not available for employment as a substitute teacher for the period of time needed, the Superintendent shall employ a person who, in the determination of the Superintendent, possesses both:
(1) sufficient knowledge of the absent teacher’s course subject matter, and
(2) the ability to provide appropriate and acceptable instruction in such subject matter.
No uncertified substitute teacher shall be employed within the District for more than forty (40) school days per school year.
(D) A substitute teacher employed by the District for an indefinite period or for a period of twenty (20) school days or less shall be paid at the rate set annually by the Board of Education.
(E) If the substitution time is pre-determined to be more than twenty (20) school days, the substitute will be compensated on a per diem basis based upon the candidate’s qualifications and experience, with or without health insurance benefits, as determined by the Board of Education upon the recommendation of the Superintendent.
(F) The provisions of this section shall not apply to a teacher who substitutes in a non-teaching position.
Section 53.18 Employee Evaluations
In accordance with applicable employment agreements, annual evaluations of all District personnel shall be conducted in order to determine the adequacy of staff, improve job effectiveness and performance, encourage and promote self-evaluation, provide a basis for evaluative judgments, and make decisions about continued employment with the District.
Section 53.19 Leaves of Absence
A. A leave of absence without pay for a specified period of time not to exceed one year may be granted by the Board of Education, in its discretion, upon written request of an employee and recommendation of the Superintendent. The granting or denial of any such leave of absence shall be final and binding.
B. All other leaves of absence, such as for illness, pursuant to the Family & Medical Leave Act, etc., may be granted only in accordance with the provisions of any applicable collective bargaining agreement and/or Board policy governing the same.
An employee called for jury duty shall receive his/her full day’s pay from the District and the expense money paid by the county. Remuneration from the county will be turned over to the District. Additional aspects of jury duty may be governed by employment agreements.
Section 53.21 Defense & Indemnification
(A) For the purposes of this section, the term Aemployees@ shall mean and include District officials, members of supervisory and administrative staff, teachers, practice or cadet teachers, authorized participants in a school volunteer program, and other employees. The benefits of this section shall inure only to employees as defined herein, and shall not enlarge or diminish the rights of any other party nor be construed to affect, alter or repeal any provision of the workers' compensation law.
(B) In accordance with the applicable provisions of Public Officers Law '18 and Education Law '3023, and subject to the limitations in paragraph (C) below, the District shall:
(1) defend its employees from and against any claim or suit in a state of federal court in which it is alleged that the act or omission from which such claim or suit arose occurred while the employee was acting within the scope of his public employment or duties, provided that
(a) the employee delivers to the Superintendent a written request to provide for his/her defense together with the original or a copy of any summons, complaint, process, notice, demand or pleading within ten days after she/he is served with such document, and
(b) the employee fully cooperates in the defense of such action or proceeding and in defense of any action or proceeding against the District based upon the same act or omission, and in the prosecution of any appeal; and
(2) indemnify and save harmless its employees in the amount of any judgment obtained against such employees in a state or federal court, or in the amount of any settlement of a claim, provided that
(a) the act or omission from which such judgment or claim arose occurred while the employee was acting within the scope of his public employment or duties, and
(b) in the case of a settlement, provided that the amount of settlement is approved by the Board of Education prior to settlement; and