NY Educ L § 2590-J (2021)
2021 New York Laws EDN - Education Title 2 - School District Organization Article 52-A - New York City Community School District System 2590-J - Appointment and Removal of Persons in the Teaching and Supervisory Service.

§ 2590-j. Appointment  and  removal  of  persons  in  the teaching and supervisory service. 1. Persons in the teaching and supervisory  service in  all  schools  in the city system shall be appointed as prescribed by this section.   2. The chancellor shall promulgate minimum  education  and  experience requirements  for  all  teaching and supervisory service positions which shall not be less than minimum state requirements for certification, and with the approval of the city board shall create and abolish the  titles of all positions in the teaching and supervisory service.   4.  (a)  The  chancellor  shall  appoint  and  assign teachers for all schools and programs under the  jurisdiction  of  the  city  board  from eligible  lists  of  prospective appointees selected by random selection from qualifying eligible lists.  (b) The chancellor shall appoint and assign all supervisory  personnel for  all  schools  and programs under the jurisdiction of the city board from persons on qualifying eligible lists.  (c) Consistent with the provisions  of  sections  twenty-five  hundred ninety-f,  twenty-five hundred ninety-h and twenty-five hundred ninety-i of this article, the district superintendent shall appoint teachers  for all schools and programs under the community district's jurisdiction who are  assigned  to  the district by the chancellor from eligible lists of prospective appointees selected  by  random  selection  from  qualifying eligible  lists. Insofar as practicable the chancellor, when making such assignments shall give effect to the requests for assignment of specific persons by the community superintendent.  The  community  superintendent shall  appoint  such  teachers  to  schools  within such district within thirty days if such appointment is to be effective on a date  subsequent thereto  and  within  three  days if such appointment is to be effective immediately.  (d)  Each  community  superintendent  shall  appoint  and  assign  all supervisory  personnel  for  all  schools  and programs under his or her jurisdiction from persons on qualifying eligible lists except for  those personnel  appointed  pursuant  to  paragraph  (d) of subdivision one of section twenty-five hundred ninety-f of this article.  (e) No person who is related within the third degree of  consanguinity or  affinity  to the chancellor or to any member of the city board or to any community superintendent or to any member of a community board shall commence employment with the city or community district  of  which  such relative  is  a  member,  chancellor  or superintendent, except upon the consent of two-thirds of the members of the city board or such community board, as the case may be, to be determined at a public meeting  of  the city board or such community board.   5.  (a) The chancellor shall cause a comprehensive reading examination to be administered to all pupils in all schools under  the  jurisdiction of  the  community  districts  annually. Prior to October first of every year each school shall be ranked in order of the  percentage  of  pupils reading  at  or  above grade level as determined by such examination, in accordance with rules to be promulgated by the chancellor.  (b) If the ranking of a school under the jurisdiction of  a  community district  falls  in  the  lower forty-five percent of the ranking of all such schools, as provided in paragraph  (a)  of  this  subdivision,  the community  superintendent of such school (hereinafter called an eligible school) may appoint teachers to such  school  in  conformity  with  this subdivision,   any   other   provision   of   this  section  or  chapter notwithstanding, provided, that in the  first  year  during  which  this paragraph  is  operative, only a school in the lower forty percent shall be an eligible school.  (c) The community superintendent of each eligible school  may  between October  first  in  the  year  in  which  the  foregoing examination was administered and the following May first, appoint any person  a  teacher in  such  school for the school year commencing in September of the year following such examination without regard to any competitive eligibility lists  or  open  qualifying  lists established pursuant to this section, provided  that  such  person,  will  on  the  effective  date  of   such appointment,  have  the  education  and  experience  qualifications  for certification as a teacher pursuant to article sixty-one of this chapter and shall:  (i) be on a qualifying eligible list or be on an existing  competitive eligible list for such position; or  (ii)  have  passed a test or tests acceptable to the commissioner at a pass mark established by the  commissioner.  This  paragraph  shall  not restrict  the  right  of the chancellor to establish appropriate medical requirements for all teachers. The chancellor shall cause such  test  or tests to be offered at reasonable intervals at one or more cities in the commonwealth of Puerto Rico.  (d)  Such  community  superintendent may waive his or her rights under paragraph (c) of this subdivision and elect to  appoint  teachers  under paragraph (c) of subdivision four of this section.  (e)  All  teachers  appointed  under paragraph (c) of this subdivision shall for all purposes, have the  same  status,  rights  and  duties  as teachers  appointed  under  paragraph  (c)  of  subdivision four of this section.   6. If a vacancy exists  for  a  teaching  position  in  any  community district  for  which there are no names on any appropriate eligible list in force, the community superintendent of such district may appoint  and assign  any person to fill such position who complies with paragraph (c) of subdivision five of this section.   6-a. (a) Notwithstanding any other provision of law,  any  person  who has  served  continuously  as a substitute teacher in the schools of the city system since the fourteenth  day  of  September,  nineteen  hundred seventy  shall  be appointed to probationary service in the school he is serving in as of June  first,  nineteen  hundred  seventy-two  effective September  sixth, nineteen hundred seventy-two provided a vacancy exists in the school for the school year commencing September nineteen  hundred seventy-two  and  provided  his  name appears on an appropriate eligible list in existence on June first, nineteen  hundred  seventy-two  without regard to his relative standing on such list, and thereafter he shall be subject  to all the existing provisions of law and negotiated agreements in the same manner as any other appointee.  (b) Notwithstanding any  other  provision  of  law,  persons  awaiting appointment  from  eligible  lists  shall  be  assigned and appointed in ranked order by the city board  on  September  sixth,  nineteen  hundred seventy-two  to  those  vacancies which were in existence on June first, nineteen hundred  seventy-two  and  continued  to  be  in  existence  on September sixth, nineteen hundred seventy-two.   7.  (a)  No member of the teaching or supervisory staff of schools who has served the full and appropriate probationary period  prescribed  by, or  in  accordance with law, shall be found guilty of any charges except after a hearing as provided by section three thousand twenty-a  of  this chapter.  (b)  Charges  may be initiated by the community superintendent against any such employee for any of the following offenses:  (1) Unauthorized absence from duty or excessive lateness;  (2) Neglect of duty;  (3) Conduct unbecoming his position, or  conduct  prejudicial  to  the good order, efficiency or discipline of the service;  (4) Incompetent or inefficient service;  (5)  A  violation  of  the  by-laws,  rules or regulations of the city board, chancellor, or the community board; or  (6) Any substantial cause that renders the employee unfit  to  perform his obligations properly to the service.  (c)  The community superintendent, in advance of the filing of charges and specifications, shall inform the employee accused and the  community board of the nature of the complaint. No charge shall be brought outside the  statute of limitation period provided for in section three thousand twenty-a of this chapter.  (d) Upon the service of a copy of the charges upon such employee,  the community  superintendent may recommend to the chancellor the suspension of any such employee. If the chancellor shall determine that the  nature of  the  charge  requires the immediate removal of the employee from his assigned duties, he may suspend such employee for a period not exceeding ninety days pending  hearing  and  determination  of  charges,  provided however,   that   such  employee  shall  be  entitled  to  receive  full compensation during the period of suspension. In case  the  employee  is acquitted, he shall be restored to his position.   8.  The  community superintendent may transfer members of the teaching and supervisory service without their consent within  the  district  for the following reasons only:  (a) Disciplinary action pursuant to subdivision seven of this section,  (b) Excess staff in a specific school,  (c) To staff a new school, or  (d) To fill a vacancy in another school within the district; provided, however,  (i)  that  such  transfers  shall  be made in inverse order of seniority in the school from which made, (ii) that the school  to  which the  person  is  transferred  has  a  higher  number of vacant positions subsequent to such transfer than  the  school  from  which  transferred, (iii) that there is no appropriate eligible list for such position, (iv) that  no other qualified person within the district makes application to fill such position, and (v) such vacancy has existed for  at  least  two weeks.   In  exercising the power granted in paragraphs (b) and (c), hereof the community superintendent shall comply with  all  collective  negotiation agreements.   8-a.  Notwithstanding  the  provisions  of  subdivision  eight of this section, a community superintendent  shall  request  the  chancellor  to transfer  a  principal  pursuant  to  subdivision twenty-five of section twenty-five hundred ninety-h of this article, or to remove or  otherwise discipline  the principal pursuant to section three thousand twenty-a of this chapter, or to require the principal to participate in training and staff  development,  or  to  take  other  actions  to  promote   student achievement  and  school performance, where appropriate, consistent with the obligations of the superintendent pursuant  to  section  twenty-five hundred  ninety-f  and  the  provisions  of  section twenty-five hundred ninety-i of this article.   9. (a) Notwithstanding any other provision  of  law,  appointments  of persons  to  vacancies in teaching positions in the city system shall be made in the following order:  (1) Persons who have been displaced from other positions  and  persons on  preferred  lists,  in  accordance  with  the  provisions  of section twenty-five hundred eighty-eight of this chapter.  (2) Persons on eligible lists who were employed  in  the  city  school district  who  have  served  satisfactorily  for  two terms as a regular  appointee or as a regular substitute or as a per diem certificate holder in any license area or four terms as a paraprofessional or  school  aide provided  that  such service was not rendered more than five years prior to  the  date  of  promulgation of the qualifying eligible list on which their names appear.  (3) All other persons, as otherwise provided in this chapter.  (4)  Nothing  contained  in  subparagraphs  two  or  three   of   this subdivision  shall be construed to prevent a community superintendent of an eligible school as defined in subdivision five of this  section  from electing   to   appoint   persons  in  the  manner  authorized  in  said subdivision.  (b)  Subject  to  the  provisions  of  subdivision  two   of   section twenty-five hundred ninety-i of this article with respect to principals, appointments  pursuant  to  subparagraph  two  of  paragraph (a) of this subdivision shall be made in the manner prescribed in subdivision ten of section  twenty-five  hundred  seventy-three  of  this  chapter  and  in subdivision  four  of  this  section  as  if the persons covered by such subparagraphs constituted the entire list.