NY Educ L § 3612 (2021)
2021 New York Laws EDN - Education Title 5 - Taxation and Financial Administration Article 73 - Apportionment of Public Moneys Part 1 - General Provisions 3612 - Teachers of Tomorrow Teacher Recruitment and Retention Program.

§  3612.  Teachers  of  tomorrow  teacher  recruitment  and  retention program.  1. Definitions. a. The term "teacher shortage  area"  means  a public school or subject area 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 as determined by the commissioner.   b. The term "certified teacher" means a  teacher  who  holds  a  state teaching certificate appropriate to the teaching position, including the subject area if applicable, in which he or she is to be employed.   c.  The  term  "school  district"  shall  mean  a  common, union free, central, central high school, or city school district.   d. The term "board of education" shall mean the governing board of any public school or public school district defined in paragraph c  of  this subdivision.   e. The term "low performing school" shall mean a school building which is   under   registration   review   or  a  school  building  performing significantly below state standards as defined by the commissioner.   f. The term "year of service" shall  mean  ten  months  of  continuous full-time service as a teacher during a school year, generally occurring between September first and June thirtieth.   2.  Application  and  funding.  a.  Grants  shall  be  made  to school districts  for  teacher   recruitment,   retention   and   certification activities  necessary  to  increase  the supply of qualified teachers in school districts experiencing a  teacher  shortage  in  accordance  with subdivisions  three,  four, five, seven and eight of this section and in school  districts  containing  a  low-performing  school   pursuant   to subdivision six of this section.   b. Such grants shall be awarded to school districts, within the limits of funds appropriated therefor, through a competitive process that takes into  consideration  the  magnitude  of  any shortage of teachers in the school district, the number of teachers employed in the school  district who hold temporary licenses to teach in the public schools of the state, the  number of provisionally certified teachers, the fiscal capacity and geographic sparsity of the district, the  number  of  new  teachers  the school district intends to hire in the coming school year and the number of summer in the city student internships proposed by an eligible school district,  if applicable. Grants provided pursuant to this section shall be  used  only  for   the   purposes   enumerated   in   this   section. Notwithstanding  any  other  provision  of  law  to the contrary, a city school district in a city having a population of  one  million  or  more inhabitants  receiving  a grant pursuant to this section may use no more than eighty percent of such grant funds for any  recruitment,  retention and  certification  costs  associated with transitional certification of teacher candidates for the school years two thousand  one--two  thousand two through two thousand twenty-three--two thousand twenty-four.   c. Not more than sixty percent of the funds allocated pursuant to this section  shall be made available to any one school district and provided further that a city school district in a city with populations in excess of one million inhabitants may, notwithstanding any other  provision  of this  section, allocate a portion of the grant received pursuant to this section for teacher recruitment and outreach  activities  provided  that any allocation for teacher recruitment and outreach activities shall not exceed two hundred twenty-five thousand dollars.   d.  In  allocating  grants pursuant to this section, a school district shall give priority in the following order:  (1) first, to a school under registration review that is designated as a teacher shortage area;  (2)  second,  to  any  school  performing  significantly  below  state standards as defined by the commissioner; and  (3)  third,  to  any  school  that is designated as a teacher shortage area.   e.  Any  school  district  receiving  funds  under  this section shall maintain any local effort in the current year equivalent to such  effort in  the  base  year  for any local program related to the recruitment or retention of teachers or any program that has purposes that are  similar to  any  purpose  of  this section or the district shall provide a local match to state funds received pursuant  to  this  section.  State  funds provided pursuant to this section shall not supplant local funds for any purpose similar to the purposes of this section.   f.  Applications  by  a  school  district for funding pursuant to this section shall be filed with the commissioner, in a  form  determined  by the  commissioner,  by  June first of the base year and school districts shall be notified of their grant award by June  thirtieth  of  the  base year,  provided that in any year such application and award dates may be modified by the commissioner for the reasonable  administration  of  the program.  Such  application  shall include a plan by the school district for the expenditure of the funds in each category of allowable  expenses authorized  by  subdivisions  three, four, five, six, seven and eight of this section, and such expenditures shall be consistent with  such  plan and the provisions of this section.   g.  A  person  receiving  an award pursuant to any subdivision of this section shall not be  eligible  for  an  award  pursuant  to  any  other subdivision of this section in a school year.   3.   Teachers  of  tomorrow  teacher  recruitment  incentive  program. Teachers  of  tomorrow  teacher  recruitment  incentive  awards  may  be available  to teachers pursuant to the provisions of this subdivision to attract teachers to employment in teacher shortage areas.   a.  Eligibility.  To  be  eligible  for  an  award  pursuant  to  this subdivision, an applicant shall:  (1) have initial, provisional, permanent or professional certification to teach in New York state;  (2)  agree to a service obligation of one year of service in a teacher shortage area as a condition of receiving  an  award  pursuant  to  this subdivision; and  (3)  be  employed  for  the  first  time  as  a  teacher in the school district.   b. Application  and  selection.  (1)  The  board  of  education  shall determine  the  form  of the application and the application process for teachers deemed eligible for the award,  and  shall  in  its  discretion select  the  number  of  eligible  applicants  who will receive an award pursuant to this subdivision.  (2) If the number of eligible applicants exceeds the number of  awards determined  by  the  board  pursuant  to this subdivision then the board shall  use  an  objective  competitive  process  based  on   educational qualifications  to  determine  which  eligible  applicants shall receive awards.   c. Payment of awards. (1) Annual awards from  state  and  local  funds provided for this purpose shall be paid by the board of education to the award  recipient.  Award  recipients shall be entitled to receive awards pursuant to the provisions of this subdivision and such awards shall  be in addition to and not part of any award recipient's base salary.  (2)  The  initial  annual  award  shall be three thousand four hundred dollars, and such initial award may be renewable each year,  for  up  to three  additional  years, provided that the recipient agrees to one year of service as a full-time teacher in a teacher shortage  area  for  each year  of  a  renewed  award and has provided satisfactory service in any prior year in which an initial or  renewed  award  was  granted  to  the  recipient.  No  awards  shall  be  made for less than one school year of service and the sum of any initial and renewed awards shall  not  exceed thirteen thousand six hundred dollars.   Awards  made  pursuant  to this subdivision shall be used to reimburse any educational costs, including those for which student loans may  have been  taken, incurred by the recipient prior to receipt of the award for certification as a teacher in the public schools of the state.  (3) The board of education shall develop and  secure  from  the  award recipient  a  written  agreement  outlining the service obligation. Such agreement shall include provisions for the recipient to repay the amount of the award to the school district if the recipient fails  to  complete their  service  obligation in any year where an initial or renewed award is granted, and such repaid amounts shall be  deducted  from  any  grant amounts  due  to  the  district from the state pursuant to this section. Upon a written appeal by an award recipient, the board of education,  in its  discretion,  may  provide  a  waiver of repayment provisions for an award recipient who fails to complete his or her service requirement for documented reasons of health or other severe hardship, as determined  by the commissioner.   d.  Notification.  The board of education shall notify both successful and unsuccessful applicants by September first of any  school  year  for which  an  initial  or renewed award is provided to teachers pursuant to this subdivision.   4. Teachers of tomorrow certification stipends. Teachers  of  tomorrow certification stipends may be available to eligible teachers pursuant to this  subdivision  for  the purpose of providing additional training and education required for the applicants to obtain initial  or  provisional certification. Such additional training and education may be held during the summer or during any other season or time of the year.   a.  Eligibility.  To  be  eligible  for  an  award  pursuant  to  this subdivision, an applicant shall:  (1) provide proof that he or she has received a temporary  license  to teach from the commissioner and at the time of application does not hold any  initial,  provisional,  permanent  or professional certification to teach in the public schools of the state; and  (2) agree to a service obligation of one year of service in a  teacher shortage  area  as  a  condition for receiving an award pursuant to this subdivision.   b. Application  and  selection.  (1)  The  board  of  education  shall determine  the  form  of the application and the application process for teachers deemed eligible for the award,  and  shall  in  its  discretion select  the  number  of  eligible  applicants  who will receive an award pursuant to this subdivision.  (2) If the number of eligible applicants exceeds the number of  awards determined  by  the  board  pursuant  to this subdivision then the board shall  use  an  objective  competitive  process  based  on   educational qualifications  to  determine  which  eligible  applicants shall receive awards.   c. Payment of awards. (1) Annual awards from  state  and  local  funds provided for this purpose shall be paid by the board of education to the award  recipient.  No  award  shall  be  made  for less than one year of service.  (2) Allowable expenses. Awards may be used for the payment of expenses incurred by the recipient for the following purposes:  (i) tuition charged for test preparation workshops intended to prepare recipients to pass teacher certification exams required for  initial  or provisional  teacher certification, which shall be provided by the board  of education either through a contract for such services or by providing such services through employees of the board of education; and  (ii)  tuition  charged  for any additional coursework at an accredited institution of higher education required of  the  recipient  to  receive initial  or  provisional  teacher  certification,  as  determined by the commissioner.  (3) Certification  stipends  of  two  thousand  dollars  each  may  be provided pursuant to this subdivision to award recipients. Fifty percent of  each  award amount shall be payable from state funds provided to the school district pursuant to this section and the remaining fifty percent shall be payable by  the  board  of  education  from  other  sources  of revenue,  provided  that if the board of education elects to provide the services described in clause (i) of subparagraph two of  this  paragraph then such remaining fifty percent share may be paid by the board through in-kind direct services to the award recipient.  (i)  Awards  shall  be  paid  to  award  recipients  upon proof of the recipient's expenditure  for  allowable  expenses  as  provided  for  in clauses (i) and (ii) of subparagraph two of this paragraph.  (ii)  Such  awards  shall  be in an amount of two thousand dollars per award or the actual expenses incurred by  the  recipient,  whichever  is less.  (iii)  No person shall be eligible for more than one award pursuant to this subdivision.  (4) The board of education shall develop and  secure  from  the  award recipient  a  written  agreement  outlining the service obligation. Such agreement shall include provisions for the recipient to repay the amount of the award to the school district if the recipient fails  to  complete their service obligation in any year where an award is granted, and such repaid  amounts  shall  be  deducted  from  any grant amounts due to the district from the state pursuant to this section. Upon a written  appeal by  an  award  recipient, the board of education, in its discretion, may provide a waiver of repayment provisions  for  an  award  recipient  who fails  to complete his or her service requirement for documented reasons of health or other severe hardship, as determined by the commissioner.   d. Notification. The board of education shall notify  both  successful and  unsuccessful  applicants  by September first of any school year for which an initial or renewed award is provided to  teachers  pursuant  to this subdivision.   5.  Teachers  of  tomorrow summer in the city internship program. City school districts in cities with populations in excess of one hundred and twenty-five thousand inhabitants shall be eligible to apply for  funding pursuant  to this section for summer in the city student internships for the purpose of attracting prospective teachers to opportunities in urban education.   a.  Eligibility.  To  be  eligible  for  an  award  pursuant  to  this subdivision, a student shall:  (1)  have  completed  sixty  or  more  hours of credit bearing college courses, be in good  academic  standing  as  determined  by  the  higher education  institution  of  attendance,  have attended an accredited New York state college or university full-time in the base year, be enrolled in a registered program for the preparation of teachers at an accredited New York state institution of  higher  education  or  have  indicated  a desire  to  enter  the teaching profession, and are recommended by their college or university to participate in the program.  (2) agree to  a  service  obligation  of  the  full  duration  of  the internship program, as determined by the board of education.   b.  Application  and  selection.  (1)  Boards  of  education in school districts that are eligible for funding pursuant to this  section  shall  develop  and  distribute  an  application to the accredited colleges and universities  of  the  state  which  have  approved  teacher   education programs.  Such  application shall include at a minimum a description of the program including:  (i)  the duration of the program which shall operate for at least five or more weeks during the months of June through August generally;  (ii) the amount of any stipend for the program;  (iii) available housing for the program;  (iv) the training and professional development opportunities  afforded to the student; and  (v)  the  amount of time the student will spend in direct contact with children participating in educational activities.  (2) The board of education shall determine the application process for students deemed eligible for the award,  and  shall  in  its  discretion select  the  number  of  eligible  applicants  who will receive an award pursuant to this subdivision.  (3) If the number of eligible applicants exceeds the number of  awards determined  by  the  board  pursuant  to this subdivision then the board shall  use  an  objective  competitive  process  based  on   educational qualifications  to  determine  which  eligible  applicants shall receive awards.   c. Payment of awards. (1) Annual awards from state funds provided  for this  purpose  shall  be  paid  by  the  board of education to the award recipient. No award shall be made for less  than  the  duration  of  the program, as determined by the board of education. Nothing shall prohibit a   board   of  education  from  allowing  an  eligible  applicant  from participating in the program  more  than  once,  provided  the  eligible applicant  provided satisfactory service in any prior year as determined by the board of education.  (2) Allowable expenses. Districts may expend funds  pursuant  to  this subdivision for:  (i) stipends of up to two thousand dollars per student;  (ii)  housing  for  a  portion  of  the  students participating in the program, which shall include  provisions  for  the  students  to  pay  a portion of the housing costs and to pay a refundable security deposit on such housing;  (iii)  orientation,  training  and  professional  development  of  the students participating in the program; and  (iv) other expenses appropriate to the operation of  the  program,  as approved by the commissioner.  (3)  The  board  of  education shall develop and secure from the award recipient a written agreement outlining  the  service  obligation.  Such agreement shall include provisions for the recipient to repay the amount of  any  stipend  provided  pursuant  to  this subdivision to the school district if the recipient fails to complete their service obligation for any year where an award is granted, and such  repaid  amounts  shall  be deducted  from  any  grant  amounts  due  to the district from the state pursuant to this section. Upon a written appeal by an  award  recipient, the  board  of  education,  in  its  discretion, may provide a waiver of repayment provisions for an award recipient who fails to complete his or her service requirement for documented reasons of health or other severe hardship, as determined by the commissioner.   d. Colleges and universities may provide credit for the summer in  the city  program and may charge a fee for such credit or provide the credit free of charge. Participation in the summer in the  city  program  shall qualify  as  a  field  experience  for  purposes  of  any  graduation or certification requirement.  Students  eligible  for  the  program  shall  submit  their  application  to  the  board  of  education  by  the  date determined by the board of education.   e.   Notification.  The  board  of  education  shall  inform  eligible applicants of their selection for the program by a  date  determined  by the board of education.   6.  New  York  state  master teacher program. a. New York state master teacher awards may be available to teachers pursuant to  the  provisions of  this  subdivision  to  attract highly qualified, experienced, expert teachers to low performing schools.   b. The commissioner shall establish and maintain  a  list  of  persons eligible   to  serve  as  master  teachers  for  the  purposes  of  this subdivision.   c. School districts eligible to participate in this program are  those districts  which contain a school building that has been designated as a low performing school.   d. Such school districts, upon  notification  of  eligibility  by  the commissioner,  may  apply for funding pursuant to this section to obtain master teachers to serve in low performing school buildings.   e. Eligibility. A person shall  be  eligible  to  serve  as  a  master teacher if he or she meets the following criteria:  (1)  he  or  she  has  received  national board certification from the National Board for Professional Teaching Standards.  (2) he or she is to be employed full-time for the  school  year  by  a public school designated as a low performing school.  (3) he or she agrees to a service obligation of three years of service in  a  low performing school as a condition of receiving awards pursuant to this subdivision.   f. Application  and  selection.  (1)  The  board  of  education  shall determine  the  form  of the application and the application process for teachers deemed eligible for the award,  and  shall  in  its  discretion select  the  number  of  eligible  applicants  who will receive an award pursuant to this subdivision.  (2) If the number of eligible applicants exceeds the number of  awards determined  by  the  board  pursuant  to this subdivision then the board shall  use  an  objective  competitive  process  based  on   educational qualifications  to  determine  which  eligible  applicants shall receive awards.   g. Payment of awards. (1) Annual awards from state funds provided  for this  purpose  shall  be  paid  by  the  board of education to the award recipient.  (2) The initial annual award shall be ten thousand dollars,  and  such initial  annual  award  may  be  renewable each year, for two additional years, provided that the recipient has provided satisfactory service  in any  prior  year in which an initial or renewed annual award was granted to the recipient and the recipient  continues  to  fulfill  his  or  her service  obligation.  No  annual  awards shall be made for less than one year of service and provided further that the sum  of  any  initial  and renewed annual awards shall not exceed thirty thousand dollars.  (3)  The  board  of  education shall develop and secure from the award recipient a written agreement outlining  the  service  obligation.  Such agreement shall include provisions for the recipient to repay the amount of  the  annual  award  to the school district if the recipient fails to complete a year of service in any year where an initial or renewed award is granted, and such repaid amounts shall be  deducted  from  any  grant amounts  due  to  the  district from the state pursuant to this section. Upon a written appeal by an award recipient, the board of education,  in its  discretion,  may  provide  a  waiver of repayment provisions for an award recipient who fails to complete his or her service requirement for  documented reasons of health or other severe hardship, as determined  by the commissioner.   h.  Each  board of education and particular master teacher shall agree to a three-year term in an eligible  school  building  for  each  master teacher  appointment  and  each master teacher shall be assigned partner classroom teachers. In addition to assigned teaching duties,  activities to  be  undertaken  by  the  master  teacher  shall include, but are not limited to, engaging in daily and long-term planning and assessment with partner teachers,  modeling  teaching  techniques  and  strategies,  and serving as classroom experts who provide ongoing support to teachers and children.   i.  Upon  completion of such master teacher's term of participation in the program, the master teacher shall have the right to  return  to  the position  he  or  she  held immediately prior to appointment as a master teacher without loss of tenure, seniority or other employment rights.   j.  Notification.  The  board  of  education  shall  inform   eligible applicants  of  their  selection for the program by a date determined by the board of education.   7.  Teacher  recruitment  tuition  reimbursement  program.  A  tuition reimbursement  program  may  be  available  to  teachers pursuant to the provisions of this subdivision, as an  incentive  to  attract  qualified teachers to teacher shortage areas.   a.  Definition.  The  term  "approved course" shall mean a course in a registered program for the preparation of teachers at an accredited  New York  state  institution  of  higher  education  which  is taken towards meeting requirements for permanent certification to teach in the  public schools of the state.   b. Eligibility. A person shall be eligible for a tuition reimbursement award if he or she meets the following criteria:  (1)  has received initial or provisional certification to teach in the public schools  of  the  state  and  does  not  hold  any  permanent  or professional certification to teach in the public schools of the state;  (2)  he  or  she is employed full-time for the school year by a public school designated as a teacher shortage area; and  (3) he or she agrees to a service obligation of one year of service in a teacher shortage area as a condition of receiving the award.   c. Application  and  selection.  (1)  The  board  of  education  shall determine  the  form  of the application and the application process for teachers deemed eligible for the award,  and  shall  in  its  discretion select  the  number  of  eligible  applicants  who will receive an award pursuant to this subdivision.  (2) If the number of eligible applicants exceeds the number of  awards determined  by  the  board  pursuant  to this subdivision then the board shall  use  an  objective  competitive  process  based  on   educational qualifications  to  determine  which  eligible  applicants shall receive awards.   d. Payment of awards. (1) Annual awards from state funds provided  for this  purpose  shall  be  paid  by  the  board of education to the award recipient.  (2) The initial reimbursement award shall be seven hundred dollars  or the actual cost of one approved course, whichever is less, provided that a  recipient  shall  be  eligible to receive three initial reimbursement awards in the school year. Such initial award shall be renewable for  up to  one  additional  year  and such renewed reimbursement award shall be seven hundred dollars  or  the  actual  cost  of  one  approved  course, whichever  is  less,  provided  that  a  recipient  shall be eligible to receive three renewed reimbursement  awards  in  the  school  year,  and provided  further  that  such eligible teacher has provided satisfactory  service in the prior year as determined by the board of education to  be eligible  for  any  initial  or renewed reimbursement awards. In no case shall the sum of any initial and  renewed  reimbursement  awards  exceed four thousand two hundred dollars.  (3)  The  board  of  education shall develop and secure from the award recipient a written agreement outlining  the  service  obligation.  Such agreement shall include provisions for the recipient to repay the amount of  any  reimbursement  awards  received  to  the school district if the recipient fails to complete a year of service  in  any  year  where  any initial  or renewed awards are granted, and such repaid amounts shall be deducted from any grant amounts due  to  the  district  from  the  state pursuant  to  this section. Upon a written appeal by an award recipient, the board of education, in its  discretion,  may  provide  a  waiver  of repayment provisions for an award recipient who fails to complete his or her service requirement for documented reasons of health or other severe hardship, as determined by the commissioner.   e.  After  February  first,  two  thousand  four, any course for which tuition reimbursement is made shall not be counted toward any continuing education required of persons certified to teach in the  public  schools of the state.   f.   Notification.  The  board  of  education  shall  inform  eligible applicants of their selection for the program by a  date  determined  by the board of education.   8.  Summer  teacher training program. In a city school district with a population of one million or more, intensive summer teacher training may be provided pursuant to this subdivision to certified teachers  teaching in  a  teacher shortage area that will be employed for the first time in the city school district as a certified teacher.   a. Eligibility  and  selection.  Such  training  may  be  provided  to teachers  who  hold  initial,  provisional,  permanent  or  professional certification to teach in the public schools of the state  who  will  be employed  for  the  first time in the city school district. The board of education shall establish a selection process by which new teachers  are chosen  to  participate in this program. Such process at a minimum shall include:  (1) proof that the applicant has received, or is eligible to  receive, initial,  provisional,  permanent or professional certification to teach in the public schools of the state; and  (2) proof that the applicant will be employed for the  first  time  in the  city  school  district as a certified teacher in a teacher shortage area.   b. Allowable expenses. Funds provided for summer teacher training  may be  used  for  the  payment  of  expenses  incurred  by the district for training and orientation of certified teachers employed by the  district for  the  first  time including team teaching with cooperating teachers, observing summer school classes, and training on meeting  new  standards and  assessments  provided  such  expenditures from state funds for this purpose shall not exceed one thousand dollars per eligible  participant. Nothing  in  this subdivision shall limit the expenditure of local funds for the purposes of this subdivision.   9. Science, mathematics and bilingual education tuition  reimbursement program.  Of  the  amount  appropriated for purposes of this section for grants to school districts for  the  two  thousand  seven--two  thousand eight  school  year  and  thereafter,  five million dollars ($5,000,000) shall be  made  available  for  a  science,  mathematics  and  bilingual education tuition reimbursement program developed by the commissioner to attract   qualified  teachers  who  have  received  or  will  receive  a  transitional teaching certificate, to  teach  mathematics,  science,  or bilingual education in a low-performing school.   10.  Reporting.  By  November  first  following the completion of each school year, the commissioner shall  report  to  the  governor  and  the legislature  regarding  the teachers of tomorrow teacher recruitment and retention program. Such report shall list  the  amount  of  each  school district's  total  grant pursuant to this section, the uses of the grant by each eligible category of expense, the number of  awards  granted  by type  pursuant to this section and, if applicable, the number of persons receiving more than one award of a single type or more than one type  of award and the number of such awards for these individuals, as well as an analysis of the effectiveness of the program in recruiting and retaining teachers  in  the  public  schools  of  the  state designated as teacher shortage areas.