2023 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,  the two thousand twenty-one--two thousand twenty-two or the
two thousand twenty-two--two thousand twenty-three 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 or
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 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,  two  thousand   twenty--two   thousand
twenty-one  or  the  two  thousand  twenty-one--two  thousand twenty-two
school year; provided that, in  the  case  of  a  classroom  teacher  or
building  principal  appointed  during  the  two  thousand eighteen--two
thousand nineteen or two thousand nineteen--two thousand  twenty  school
year,  who  has  not  received composite annual professional performance
review ratings pursuant to section three thousand  twelve-c  or  section
three  thousand twelve-d of this chapter for three consecutive years, no
ratings shall be required for the superintendent of schools to recommend
for appointment on tenure such teacher  or  building  principal  if  the
teacher  or principal 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   review   rating   for   the   two  thousand
nineteen--two  thousand  twenty,  two  thousand   twenty--two   thousand
twenty-one  and  two thousand twenty-one--two thousand twenty-two school
years; provided that in the case of  a  classroom  teacher  or  building
principal  appointed  during  the  two thousand twenty-one--two thousand
twenty-two 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 or two thousand twenty-one--two
thousand  twenty-two 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 or
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 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,  two  thousand  twenty--two  thousand
twenty-one or  the  two  thousand  twenty-one--two  thousand  twenty-two
school  year;  provided  that,  in  the  case  of a classroom teacher or
building principal  appointed  during  the  two  thousand  eighteen--two

thousand  nineteen  or two thousand nineteen--two thousand twenty school
year, who has not received  composite  annual  professional  performance
review  ratings  pursuant  to section three thousand twelve-c or section
three  thousand twelve-d of this chapter for three consecutive years, no
ratings shall be required for the superintendent of schools to recommend
for appointment on tenure such teacher  or  building  principal  if  the
teacher  or principal 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 a composite annual
professional  performance   review   rating   for   the   two   thousand
nineteen--two   thousand   twenty,  two  thousand  twenty--two  thousand
twenty-one and two thousand twenty-one--two thousand  twenty-two  school
years;  provided  that  in  the  case of a classroom teacher or building
principal appointed during the  two  thousand  twenty-one--two  thousand
twenty-two  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 or two thousand twenty-one--two
thousand twenty-two 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.