NY Educ L § 2573 (2021)
2021 New York Laws EDN - Education Title 2 - School District Organization Article 52 - City School Districts of Cities With One Hundred Twenty-Five Thousand Inhabitants or More 2573 - Appointment of Assistant, District or Other Superintendents, Teachers and Other Employees; Their Salaries, Et Cetera.

§ 2573. Appointment  of  assistant, district or other superintendents, teachers and other employees; their salaries, et  cetera.    1.  (a)  i. Teachers and all other members of the teaching staff, appointed prior to July  first,  two thousand fifteen and authorized by section twenty-five hundred fifty-four of this article, shall be appointed by the  board  of education, upon the recommendation of the superintendent of schools, for a  probationary  period  of  three  years,  except that in the case of a teacher who has rendered satisfactory service as  a  regular  substitute for  a  period  of  two  years  or  as a seasonally licensed per session teacher of swimming in day schools who has served in that capacity for a period of two years and has been appointed to teach the same subject  in day  schools  on  an  annual  salary,  the  probationary period shall be limited to one year; provided, however, that in the case  of  a  teacher who  has  been appointed on tenure in another school district within the state, the school district where  currently  employed,  or  a  board  of cooperative  educational  services,  and who was not dismissed from such district or board as a result of charges brought pursuant to subdivision one of  section  three  thousand  twenty-a  or  section  three  thousand twenty-b  of  this chapter, the probationary period shall not exceed two years; provided, however, that  in  cities  with  a  population  of  one million  or more, a teacher appointed under a newly created license, for teachers of reading and of the emotionally handicapped,  to  a  position which  the  teacher  has  held  for  at  least  two  years prior to such appointment while serving on tenure in another license area who was  not dismissed  as a result of charges brought pursuant to subdivision one of section three thousand twenty-a or section three  thousand  twenty-b  of this  chapter, the probationary period shall be one year. The service of a person appointed to any of such positions may be discontinued  at  any time  during  such  probationary  period,  on  the recommendation of the superintendent of schools, by a majority vote of the board of education. Each person who is not to be recommended for appointment on tenure shall be so notified by the superintendent of schools  in  writing  not  later than  sixty  days  immediately  preceding  the  expiration of his or her probationary period.  In city school districts having  a  population  of four  hundred  thousand  or  more,  persons  with licenses obtained as a result of examinations announced subsequent to the twenty-second day  of May,  nineteen  hundred  sixty-nine  appointed  upon conditions that all announced requirements for the position be fulfilled within a  specified period  of  time,  shall  not  acquire  tenure  unless  and  until  such requirements have been completed  within  the  time  specified  for  the fulfillment  of such requirements, notwithstanding the expiration of any probationary period. In all other city school districts subject  to  the provisions  of  this  article,  failure  to  maintain  certification  as required by this article and by  the  regulations  of  the  commissioner shall  be  cause  for  removal within the meaning of subdivision five of this section.   ii. Teachers and all other members of the teaching staff appointed  on or  after  July  first,  two  thousand fifteen and authorized by section twenty-five hundred fifty-four of this article, shall  be  appointed  by the board of education, upon the recommendation of the superintendent of schools,  for  a  probationary  period of four years, except that in the case of a teacher who has rendered satisfactory  service  as  a  regular substitute  for  a  period of two years and, if a classroom teacher, has received annual professional performance review ratings in each of those years, or has rendered satisfactory service as a seasonally licensed per session teacher of swimming in  day  schools  who  has  served  in  that capacity  for  a period of two years and has been appointed to teach the same subject in day schools on an annual salary, the  teacher  shall  be  appointed  for  a  probationary  period of two years; provided, however, that in the case of a teacher  who  has  been  appointed  on  tenure  in another  school  district  within  the  state, the school district where currently  employed, or a board of cooperative educational services, and who was not dismissed from such district or board as a result of charges brought pursuant to subdivision one of section three  thousand  twenty-a or section three thousand twenty-b of this chapter, the teacher shall be appointed  for  a  probationary period of three years; provided that, in the case of a classroom teacher, the teacher demonstrates that he or she received an annual professional performance review  rating  pursuant  to section  three  thousand  twelve-c or section three thousand twelve-d of this chapter in his or her final year of service in  such  other  school district   or  board  of  cooperative  educational  services;  provided, however, that, in the case of a classroom teacher who has been appointed for a probationary period during the two thousand  twenty--two  thousand twenty-one  school  year and who has been appointed on tenure in another school district within the state, the school  district  where  currently employed,  board of cooperative educational services or state school for the blind or deaf, and who was not dismissed from such  district,  board or  state  school  for  the blind or deaf as a result of charges brought pursuant to section three thousand twenty-a or  section  three  thousand twenty-b  of  this  chapter,  such  teacher  shall  be  appointed  for a probationary period of three years; provided that,  in  the  case  of  a classroom  teacher, such teacher demonstrates that he or she received an annual professional performance review rating pursuant to section  three thousand  twelve-c or section three thousand twelve-d of this chapter in the two  thousand  seventeen--two  thousand  eighteen  or  two  thousand eighteen--two  thousand  nineteen  school  year  in  such  other  school district, board of cooperative educational services or state school  for the  blind  or  deaf;  provided  further, however, that in cities with a population of one million or more, a teacher  appointed  under  a  newly created  license,  for  teachers  of  reading  and  of  the  emotionally handicapped, to a position which the teacher has held for at  least  two years  prior  to  such  appointment  while  serving on tenure in another license area who was not  dismissed  as  a  result  of  charges  brought pursuant  to  subdivision  one  of  section  three  thousand twenty-a or section three thousand twenty-b of this chapter, the  teacher  shall  be appointed  for  a  probationary  period  of  two years. The service of a person appointed to any of such positions may  be  discontinued  at  any time  during  such  probationary  period,  on  the recommendation of the superintendent of schools, by a majority vote of the board of education. Each person who is not to be recommended for appointment on tenure shall be so notified by the superintendent of schools  in  writing  not  later than  sixty  days  immediately  preceding  the  expiration of his or her probationary period.  In  all  city  school  districts  subject  to  the provisions  of  this  article,  failure  to  maintain  certification  as required by this article and by  the  regulations  of  the  commissioner shall  be  cause  for  removal within the meaning of subdivision five of this section.  (b) i. Administrators,  directors,  supervisors,  principals  and  all other  members  of  the  supervising  staff, except executive directors, associate,  assistant,  district  and  community   superintendents   and examiners,  appointed  prior  to  July  first,  two thousand fifteen and authorized by section twenty-five hundred fifty-four  of  this  article, shall be appointed by the board of education, upon the recommendation of the  superintendent  or chancellor of schools, for a probationary period of three years. The service  of  a  person  appointed  to  any  of  such positions may be discontinued at any time during the probationary period  on  the  recommendation  of the superintendent of schools, by a majority vote of the board of education.   ii.  Administrators,  directors, supervisors, principals and all other members of the supervising staff, except executive directors, associate, assistant,  district  and  community  superintendents   and   examiners, appointed on or after July first, two thousand fifteen and authorized by section  twenty-five  hundred  fifty-four  of  this  article,  shall  be appointed by the board of education,  upon  the  recommendation  of  the superintendent  or  chancellor  of schools, for a probationary period of four years provided that such probationary period  may  be  extended  in accordance  with  paragraph  (b)  of  subdivision  five of this section; provided, however, that in  the  case  of  a  principal,  administrator, supervisor,  or  other  member  of  the  supervising  staff who has been appointed on tenure pursuant to this chapter as an administrator  within an  authorized  administrative  tenure  area  in another school district within the state, the school district where  currently  employed,  or  a board  of  cooperative  educational  services, and who was not dismissed from such district or board as a result of charges brought  pursuant  to subdivision  one  of  section  three  thousand twenty-a or section three thousand  twenty-b  of  this  chapter,  the  principal,   administrator, supervisor  or  other member of the supervising staff shall be appointed for a probationary period of  three  years.  The  service  of  a  person appointed  to  any  of  such  positions  may be discontinued at any time during  the  probationary  period   on   the   recommendation   of   the superintendent of schools, by a majority vote of the board of education.   2.  The  chancellor  shall  require, in anticipation of the reasonable needs of the school system, that interviews  and  performance  tests  be conducted  for  teaching  service  positions,  pursuant  to  section two thousand five hundred sixty-nine of this  article,  so  that  qualifying eligible  lists  may be ready for promulgation as soon as vacancies come into existence.  Where vacancies already exist,  and  cannot  be  filled because eligible lists have been exhausted, the chancellor shall require interviews  and  performance  tests  to be conducted forthwith and shall have lists available for promulgation within six months from the date of the administration of  the  test.  Appropriate  procedures  for  filling supervisory  positions  shall  be  established  pursuant  to regulations promulgated by the chancellor and qualifying  eligible  lists  shall  be promulgated  and  thereafter supplemented annually Supervisory positions shall be filled  in  accordance  with  regulations  promulgated  by  the chancellor;  supervisors  who are properly assigned or appointed through such regulations shall be considered appointed in the  license  area  of the  supervisory  position.  Appointments shall be made from appropriate eligible lists in accordance with regulations of the chancellor to  fill all  existing  vacancies  not later than six months from the date of the existence of such vacancy, except that the board of education may  defer such  appointments  until the opening of school following the expiration of such six month period.   3.  Associate  superintendents,  examiners  and  all  other  employees authorized  by  section  twenty-five hundred fifty-four of this article, except as otherwise provided in subdivision one of this  section,  shall be  appointed  by  the board of education except that in the city school districts of  the  cities  of  Buffalo,  Rochester,  and  Syracuse,  the associate,   assistant   and  district  superintendents  and  all  other supervising  staff  who  are  excluded  from  the   right   to   bargain collectively pursuant to article fourteen of the civil service law shall be appointed, within amounts budgeted therefor, by the superintendent of such  city school district. In a city having a population of one million or  more,  such  appointments  shall  be  made  on  nomination  of   the  superintendent  of  schools. Notwithstanding any other provision in this chapter to the contrary, whenever an associate superintendent of schools in the employ of the board of education in a city having a population of one  million  or  more  fails  of  reappointment,  said  person shall be immediately  appointed  an  assistant  superintendent  of  schools  with permanent  appointment  as said term permanent appointment is defined in subdivisions four, five and six of this  section.  The  salary  of  such assistant  superintendent  shall be less than the salary of an associate superintendent, but said differential in salary shall not exceed ten per centum of the annual salary of an associate superintendent  of  schools. When,  however,  an  associate  superintendent  of  schools who fails of reappointment has to his credit thirty or more  years  of  city  service including  ten or more years of service as such associate superintendent of schools, he shall  suffer  no  reduction  of  salary  or  of  pension prospects while serving as such assistant superintendent of schools.   4.   Clerks,   draftsmen,  inspectors,  chemists,  tabulating  machine operators,   secretaries,   stenographers,   copyists,    statisticians, janitors,  custodians, custodian-engineers, and all other administrative employees of a board of education, unless  otherwise  provided  in  this chapter,  shall  be  appointed for a probationary period provided in the civil service law and regulations based thereon. The service of a person appointed to any of such positions may be discontinued by the  board  of education  at any time during such probationary period. Such persons who have served the full probationary period  shall  hold  their  respective positions  during good behavior and efficient and competent service, and shall not be removed except for cause after a hearing by the affirmative vote of a majority of the board.   5. (a) At the expiration of  the  probationary  term  of  any  persons appointed  for  such term prior to July first, two thousand fifteen, the superintendent of schools shall make a written report to  the  board  of education  recommending for permanent appointment those persons who have been found competent, efficient and satisfactory. Such persons  and  all others  employed  in the teaching, service of the schools of a city, who have served the full probationary period, shall  hold  their  respective positions  during good behavior and efficient and competent service, and shall not be removable except for cause after a hearing as  provided  by section  three  thousand  twenty-a or section three thousand twenty-b of this chapter.  (b) At  the  expiration  of  the  probationary  term  of  any  persons appointed  for  such  term on or after July first, two thousand fifteen, the superintendent of schools shall make a written report to  the  board of  education  recommending  for permanent appointment those persons who have been found competent, efficient and satisfactory and, in  the  case of  a  classroom  teacher  or  building  principal,  who  have  received composite annual professional performance  review  ratings  pursuant  to section  three  thousand  twelve-c or section three thousand twelve-d of this chapter, of either effective or highly effective in at least  three of  the  four  preceding  years,  exclusive  of  any  breaks in service; provided that, in the case of a classroom teacher or building  principal appointed  during the two thousand seventeen--two thousand eighteen, two thousand eighteen--two thousand nineteen or two  thousand  nineteen--two thousand   twenty  school  year,  who  have  received  composite  annual professional  performance  review  ratings  pursuant  to  section  three thousand  twelve-c or section three thousand twelve-d of this chapter of either effective or highly  effective  in  at  least  one  of  the  four preceding years, exclusive of any breaks in service, and did not receive an  ineffective  rating  in  the  final  year of his or her probationary period or during  the  most  recent  school  year  where  a  rating  was  received,  and  would  have  been  in  the  superintendent  of  schools' discretion qualified for appointment on tenure based  upon  performance, notwithstanding  that  his or her annual professional performance review had  not  been  completed  and  he  or  she  had  not received an annual professional performance  rating  for  the  two  thousand  nineteen--two thousand  twenty and two thousand twenty--two thousand twenty-one school years; provided that, in the case of a  classroom  teacher  or  building principal   appointed  during  the  two  thousand  twenty--two  thousand twenty-one school year who have received composite  annual  professional performance  review  ratings pursuant to section three thousand twelve-c or section three thousand twelve-d of this chapter of  either  effective or  highly  effective  in  at  least  two  of  the four preceding years, exclusive of any breaks in service, and did not receive  an  ineffective rating in the final year of his or her probationary period or during the most recent school year where a rating was received, and would have been in  the  superintendent of schools' discretion qualified for appointment on tenure based upon performance, notwithstanding that his or her annual professional performance review had not been completed and he or she had not received an annual  professional  performance  rating  for  the  two thousand  twenty--two  thousand twenty-one school year; provided further that, notwithstanding  any  other  provision  of  this  section  to  the contrary,  when  a  teacher  or  principal  receives an effective and/or highly effective rating in each year of his or her probationary  service except he or she receives an ineffective rating in the final year of his or  her  probationary  period,  such  teacher  or principal shall not be eligible for tenure but the board of education in  its  discretion,  may extend  the  teacher's  probationary  period  for  an  additional  year; provided, however,  that  if  such  teacher  or  principal  successfully appealed  such  ineffective  rating,  such  teacher  or  principal shall immediately be eligible for tenure if  the  rating  resulting  from  the appeal  established  that  such  individual has been effective or highly effective in at  least  three  of  the  preceding  four  years.  At  the expiration of the probationary period, the classroom teacher or building principal  shall  remain  in  probationary  status  until the end of the school year in which such teacher or principal has received such ratings of effective or  highly  effective  for  at  least  three  of  the  four preceding  school  years, exclusive of any breaks in service and subject to the terms hereof, during  which  time  a  board  of  education  shall consider  whether  to  grant  tenure  for  those  classroom  teachers or building principals who otherwise have been found  competent,  efficient and  satisfactory.  Provided,  however,  that the board of education may grant  tenure  contingent  upon  a  classroom  teacher's   or   building principal's  receipt  of  a  minimum  rating  in  the  final year of the probationary period, pursuant to the requirements of this  section,  and if  such  contingency  is not met after all appeals have been exhausted, the grant of tenure shall be void and unenforceable and the teacher's or principal's probationary period may be extended in accordance with  this subdivision.  Such  persons who have been recommended for tenure and all others employed in the teaching service of the schools  of  such  school district  who  have  served  the  full  probationary  period as extended pursuant to this  subdivision  shall  hold  their  respective  positions during  good behavior and efficient and competent service, and shall not be removable except for cause after a hearing  as  provided  by  section three  thousand  twenty-a  or  section  three  thousand twenty-b of this chapter. Failure to maintain certification as required by  this  chapter and  the  regulations  of  the  commissioner  shall constitute cause for removal.    6. (a) In a city having a population of four hundred thousand or more, at the expiration of the probationary term of any persons appointed  for such  term prior to July first, two thousand fifteen, the superintendent of schools shall make  a  written  report  to  the  board  of  education recommending for permanent appointment those persons who have been found satisfactory,  and  such board of education shall immediately thereafter issue to  such  persons  permanent  certificates  of  appointment.  Such persons  and  all others employed in the teaching service of the schools of such city, who have served the full probationary period shall receive permanent certificates to teach issued  to  them  by  the  certificating authority,  except  as  otherwise  provided in subdivision ten-a of this section, and shall hold their respective positions during good  behavior and satisfactory teaching service, and shall not be removable except for cause  after a hearing as provided by section three thousand twenty-a or section three thousand twenty-b of this chapter.  (b) At  the  expiration  of  the  probationary  term  of  any  persons appointed  for  such  term on or after July first, two thousand fifteen, the superintendent of schools shall make a written report to  the  board of  education  recommending  for permanent appointment those persons who have been found competent, efficient and satisfactory and, in  the  case of  a  classroom  teacher  or  building  principal,  who  have  received composite annual professional performance  review  ratings  pursuant  to section  three  thousand  twelve-c or section three thousand twelve-d of this chapter, of either effective or highly effective in at least  three of  the  four  preceding  years,  exclusive  of  any  breaks in service; provided that, in the case of a classroom teacher or building  principal appointed  during the two thousand seventeen--two thousand eighteen, two thousand eighteen--two thousand nineteen or two  thousand  nineteen--two thousand   twenty  school  year,  who  have  received  composite  annual professional  performance  review  ratings  pursuant  to  section  three thousand  twelve-c or section three thousand twelve-d of this chapter of either effective or highly  effective  in  at  least  one  of  the  four preceding years, exclusive of any breaks in service, and did not receive an  ineffective  rating  in  the  final  year of his or her probationary period or during  the  most  recent  school  year  where  a  rating  was received,  and  would  have  been  in  the  superintendent  of  schools' discretion qualified for appointment on tenure based  upon  performance, notwithstanding  that  his or her annual professional performance review had not been completed  and  he  or  she  had  not  received  an  annual professional  performance  rating  for  the  two  thousand nineteen--two thousand twenty and two thousand twenty--two thousand twenty-one  school years;  provided  that,  in  the case of a classroom teacher or building principal  appointed  during  the  two  thousand  twenty--two   thousand twenty-one  school  year who have received composite annual professional performance review ratings pursuant to section three  thousand  twelve-c or  section  three thousand twelve-d of this chapter of either effective or highly effective in  at  least  two  of  the  four  preceding  years, exclusive  of  any breaks in service, and did not receive an ineffective rating in the final year of his or her probationary period or during the most recent school year where a rating was received, and would have been in the superintendent of schools' discretion qualified  for  appointment on tenure based upon performance, notwithstanding that his or her annual professional performance review had not been completed and he or she had not  received  an  annual  professional  performance  rating for the two thousand twenty--two thousand twenty-one school year;  provided  further that,  notwithstanding  any  other  provision  of  this  section  to the contrary, when a teacher receives an effective and/or  highly  effective rating  in each year of his or her probationary service except he or she  receives an  ineffective  rating  in  the  final  year  of  his  or  her probationary period, such teacher or principal shall not be eligible for tenure  but  the  board  of  education in its discretion, may extend the teacher's probationary period for an additional year; provided, however, that if such teacher or principal successfully appealed such ineffective rating,  such  teacher  or  principal  shall immediately be eligible for tenure if the rating resulting from the  appeal  established  that  such individual  has  been effective or highly effective in at least three of the preceding four years and was not ineffective in the final  year.  At the  expiration  of  the  probationary  period, the classroom teacher or building principal shall remain in probationary status until the end  of the  school  year  in  which such teacher or principal has received such ratings of effective or highly effective for at least three of the  four preceding  school  years, exclusive of any breaks in service and subject to the terms hereof, during  which  time  a  board  of  education  shall consider  whether  to  grant  tenure  for  those  classroom  teachers or building principals who otherwise have been found  competent,  efficient and  satisfactory.  Provided,  however,  that the board of education may grant  tenure  contingent  upon  a  classroom  teacher's   or   building principal's  receipt  of  a  minimum  rating  in  the  final year of the probationary period, pursuant to the requirements of this  section,  and if  such  contingency  is not met after all appeals have been exhausted, the grant of tenure shall be void and unenforceable and the teacher's or principal's probationary period may be extended in accordance with  this subdivision.  Such  persons who have been recommended for tenure and all others employed in the teaching service of the schools  of  such  school district  who  have  served  the  full  probationary  period as extended pursuant to this  subdivision  shall  hold  their  respective  positions during  good behavior and efficient and competent service, and shall not be removable except for cause after a hearing  as  provided  by  section three  thousand  twenty-a  or  section  three  thousand twenty-b of this chapter. Failure to maintain certification as required by  this  chapter and  the  regulations  of  the  commissioner  shall constitute cause for removal.   8. No charges under this section shall  be  brought  more  than  three years  after  the  occurrence  of the alleged incompetency or misconduct except where the charge is of misconduct which  resulted  in  conviction for a crime.   9.  No  principal, supervisor, director, or teacher shall be appointed to the teaching force of a city  who  does  not  possess  qualifications required  under this chapter and under the regulations prescribed by the commissioner of education for the persons employed in such positions  in the  schools  of  the  cities of the state, but a board of education may prescribe additional or higher qualifications for the  persons  employed in any of such positions.   10.  (a)  In  a  city  having  a  population  of  one million or more, recommendations for appointment to the teaching service  shall  be  from the  first  three persons chosen by random selection from the qualifying eligible lists prepared by the chancellor. Competitive eligible lists in existence at the time of enactment of  this  subdivision  shall  not  be merged  and  any  such  lists  shall be exhausted or have expired before nominations are made  from  a  qualifying  list  of  a  subsequent  date promulgated   hereunder.   Qualifying  eligible  lists  for  supervisory positions shall be merged with any subsequently promulgated lists in the same license area so that there shall  be  one  continuing  non-expiring eligible  list for each license area. No competitive eligible list shall remain in force for a longer period than four years, nor have a life  of less  than  three years. No competitive eligible list now in force shall  terminate any sooner than four years from  the  date  on  which  it  was promulgated.  The  board  of  education,  on  the  recommendation of the chancellor shall designate, subject to  the  other  provisions  of  this chapter,  the  kind  and  grades of licenses which shall be required for service as principal, branch principal, director, supervisor or  teacher of a special branch, head of department, assistant, school psychiatrist, school  psychologist,  school  medical  inspector, school social worker, school social caseworker, school secretary, industrial or  trade  helper in  vocational  schools,  school librarian, laboratory assistant, or any other position of the teaching staff  together  with  the  academic  and professional  qualifications required for each kind or grade of license. No person required to have  a  license  under  the  provisions  of  this chapter  in  order  to  be employed in a position who does not have such license shall have any claim for salary, except that a  person  who  has been assigned to teach in a subject or field not specifically covered in his  license  but on the same rank or level of service shall be entitled to his salary.  (b) Qualifying eligible lists for teaching and  supervisory  positions shall  consist  of the names of all persons who have met the eligibility requirements for appointment as defined by the  chancellor  pursuant  to sections  two  thousand  five  hundred  ninety-j  and  two thousand five hundred sixty-nine  of  this  chapter.  Where  the  regulations  of  the commissioner  do  not identify a state certificate that corresponds to a license utilized by the  city  school  district,  the  chancellor  shall develop  and  administer  an  examination  appropriate  to  the license, provided the development of such examination and the passing  score  are based  upon  appropriate  validity  studies conducted in accordance with professional standards of measurement. For teaching  service  positions, competitive  eligible  lists  in existence on the effective date of this paragraph shall  not  be  merged.  Subsequently  promulgated  qualifying eligible  lists  in  the same license area shall be merged so that there shall be  one  qualifying  eligible  list  for  each  license  area.  No candidate shall remain on the qualifying eligible list longer than seven years  from  the date the candidate is placed on the qualifying eligible list. This paragraph does not affect the examinations  for  teaching  or supervisory  service positions announced by the board of examiners prior to the effective date of this paragraph.  (i) Each year, the chancellor shall direct the division  of  personnel to  select  by  random selection from among candidates who are available for assignment and who are on the qualifying eligible lists for teaching positions in existence on such date for each license  area,  a  list  of prospective  appointees deemed to be sufficient to meet the needs of the school system  for  the  next  school  year.  The  random  selection  to establish the initial list of prospective appointees shall be held prior to  April  first, nineteen hundred ninety-one. In any instance where the list of prospective appointees is  insufficient  for  the  twelve  month period,  the chancellor shall direct the division of personnel to select by  random  selection  additional  candidates  who  are  available   for assignment  and who are on qualifying eligible lists in order to compile a supplementary list of prospective appointees.  (ii) Candidates selected by a random selection system and whose  names appear  on  the  list  of  prospective appointees for teaching positions shall be assigned to community districts  and  to  divisions  under  the jurisdiction  of  the  chancellor in the order in which their names were selected by such system provided that each appointment by the chancellor or community board as appropriate shall be made  from  among  the  first three persons so assigned.  (iii) Lists of prospective appointees for teaching positions shall not be  merged  and  a  list  shall  be  exhausted  or  have  expired before assignments are made from a list of prospective appointees selected by a random selection procedure of subsequent date. No candidate shall remain on  the  list of prospective appointees longer than seven years from the date that the candidate was placed on the qualifying eligible list.   10-a. In the city school district of the city of Buffalo,  members  of the  teaching  and supervising staff appointed on or after the effective date of this subdivision shall be required  to  hold  a  state  teaching certificate,  but  shall not be required to hold a license issued by the Buffalo city school district. Persons  appointed  to  the  teaching  and supervising  staff  prior  to  such effective date may continue to serve under a license issued by such city school district  and  the  board  of education  shall be authorized to issue permanent licenses and permanent certificates of appointment after such effective date  to  such  persons who  fulfill  all  announced  requirements  for  the  position that were imposed at the time of appointment. Nothing in this chapter shall affect the rights of persons serving pursuant to  appropriate  licenses  issued prior  to the effective date of this subdivision or require such persons to obtain certifications or licenses not previously required of them.   11. In a city have a population of one million or more, the  board  of education,  subject  to  the  approval of the commissioner of education, shall have power to authorize the superintendent of  schools  to  assign any  teacher  employed  to  teach any subject or subjects other than any specific subject for which such teacher is licensed. No such  assignment shall  be made unless the superintendent of schools shall have certified that such  teacher  is  competent  to  teach  the  assigned  subject  or subjects.  The  superintendent of schools with the approval of the board of education, shall have power to make rules and regulations in relation to ascertainment of  competency  of  teachers  to  teach  such  assigned subject  or  subjects.  The  assignment  of  a teacher to teach any such assigned subject shall not operate to change the rank or level  of  such teacher from that which he or she occupied prior to such assignment.   12.  The salaries of all members of the supervising and teaching force and of all employees and for  all  positions  authorized  under  section twenty-five  hundred four of this article shall continue to be not lower than such salaries were on  June  eighth,  nineteen  hundred  seventeen. Rules  and  regulations  shall be adopted governing excusing of absences and for the granting of leaves of absence either with or without pay.   13. Teachers appointed in the schools or  classes  maintained  in  the institutions  controlled  by the department of correction of the city of New York shall be appointed by the commissioner of  correction  of  such city  upon  the nomination of the superintendent of schools of such city and shall be licensed  by  the  board  of  examiners  of  the  board  of education of such city.   15.  Notwithstanding  any other provision of this section no period in any school year for which there is no required service and/or for  which no  compensation  is  provided  shall in any event constitute a break or suspension of probationary period or continuity of tenure rights of  any of the persons hereinabove described.   16.  In the city school district of the city of New York, the board of education shall ascertain prior to August first, nineteen hundred sixty, and annually  thereafter  the  number  of  appointments  which  will  be required  for the duration of not less than a term of the ensuing school year by reason of leaves of absence granted to members of  the  teaching staff  serving  on  tenure. The board shall thereupon establish and make appointments to positions of replacement teachers  in  a  number  which, including  any  such  teachers  already  serving  as a result of earlier  appointment, shall be at least equal,  if  possible,  and,  if  not,  as nearly as possible, to two-thirds of the minimum number of such teachers expected  to  be  absent  on leave at any one time. Such positions shall constitute  a pool from which the board shall assign teachers to replace the teachers who are absent on leave. Appointments to such positions  of replacement  teachers  shall be made from the appropriate eligible lists for the positions for which such replacement teachers will  be  required as determined by the board. Such positions of replacement teachers shall be  in all respects permanent positions in the school system and persons duly appointed by the board to such positions shall be entitled  to  the rights  of  tenure  and  retirement accruing to persons serving in other permanent teaching positions, except that no replacement  teacher  shall be  entitled to the special limitation of the probationary period to one year provided for certain teachers by subdivision one of  this  section. Upon  acceptance of appointment as replacement teacher, the name of each such appointee shall be  placed  on  a  preferred  eligible  list  as  a candidate  for  appointment to any permanent teaching position for which he holds a valid license  and  such  candidates  shall  be  entitled  to appointment  from  such  preferred  eligible  list  in  order  of  their placement on such list. At any time when the total number  of  positions of replacement teacher in such pool exceeds the total number of teachers who  will  be  absent on leave for the ensuing term of school, the board may abolish positions in such pool which are in excess of the number  of teachers  to  be  absent  on  leave as aforesaid, or may use replacement teachers in such pool instead of substitute teachers to replace teachers who are absent for shorter periods than one term. Whenever a  particular replacement  teacher cannot be used to replace any teacher who is absent on leave for a full term, he may similarly be used to  replace  teachers who  are  absent  for shorter periods. Nothing herein contained shall be construed as preventing the appointment of regular  substitute  teachers to  replace  teachers  absent on leave when no persons holding positions created pursuant to this subdivision are available for such replacement.   17. In the city school district of the city of Buffalo, the  board  of education  shall,  within  sixty  days  of  the  effective  date of this subdivision and annually prior to August first of each year  thereafter, ascertain  the  number  of  appointments  which will be required for the duration of not less than a term of the ensuing school year by reason of leaves of absence granted to members of the teaching  staff  serving  on tenure.  The  board  shall  thereupon establish and make appointments to positions of replacement teachers in a number which, including any  such teachers  already  serving  as a result of earlier appointment, shall be equal, if possible, or as nearly  as  possible,  to  two-thirds  of  the minimum  number  of  such teachers expected to be absent on leave at any one time. Such positions shall constitute a pool from  which  the  board shall  assign  teachers to replace the teachers who are absent on leave. Such  positions  of  replacement  teachers  shall  be  in  all  respects permanent  positions  in the school system and persons duly appointed by the board to such positions shall be entitled to the  rights  of  tenure and  retirement  accruing to persons serving in other permanent teaching positions, except that no replacement teacher shall be entitled  to  the special  limitation  of the probationary period to one year provided for certain teachers by subdivision one of this section. Upon acceptance  of appointment  as  replacement  teacher,  the  name of each such appointee shall be placed  on  a  preferred  eligible  list  as  a  candidate  for appointment to any permanent teaching position for which he or she holds a  valid  license  and  such candidates shall be entitled to appointment from such preferred eligible list in order of their  placement  on  such list.  At  any  time  when  the total number of positions of replacement  teacher in such pool exceeds the total number of teachers  who  will  be absent  on  leave  for the ensuing term of school, the board may abolish positions in such pool which are in excess of the number of teachers  to be absent on leave as aforesaid, or may use replacement teachers in such pool  instead  of substitute teachers to replace teachers who are absent for shorter periods than one term.  Whenever  a  particular  replacement teacher cannot be used to replace any teacher who is absent on leave for a full term, he or she may similarly be used to replace teachers who are absent  for shorter periods. Nothing herein contained shall be construed as preventing the appointment of regular substitute teachers to  replace teachers  absent  on  leave  when  no  persons holding positions created pursuant to this subdivision are available for such replacement.