New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter I - Rules of the Board Of Regents › Part 30 - Tenure Areas and Annual Professional Performance Reviews For Classroom Teachers and Building Principals › Subpart 30-1 - Tenure Areas › Section 30-1.2 - Applicability

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The provisions
				  of this Subpart shall apply to all probationary appointments to professional
				  education positions made by a board of education or a board of cooperative
				  educational services by resolution on or after August 1, 1975 and to
				  appointments on tenure based upon such probationary appointments.
(b) Except as otherwise provided in
				  subdivision (c) of this section, the provisions of this Subpart shall apply to
				  a professional educator appointed by a board of education or board of
				  cooperative educational services for the performance of duties in instructional
				  support services, as defined in section
				  30-1.1(j)  of this
				  Subpart, on or after August 1, 1975 as follows:
(1) A professional educator employed by a
				  board of education or board of cooperative educational services on May 1, 2009
				  that was appointed to tenure or a probationary period in a tenure area
				  identified in this Subpart for the performance of duties in instructional
				  support services and who did not provide knowing consent to an assignment
				  outside of his previous tenure area pursuant to section
				  30-1.9  of this Subpart when he was
				  assigned by such board of education or board of cooperative educational
				  services prior to May 1, 2009 to the performance of duties in instructional
				  support services shall receive credit toward tenure and/or accrue tenure and
				  seniority rights in his previous tenure area from the initial date of his
				  assignment to the performance of such duties and shall continue to receive
				  tenure and/or seniority rights in his previous tenure area while assigned to
				  perform duties in instructional support services.
(2) A professional educator employed by a
				  board of education or board of cooperative educational services on May 1, 2009
				  who was appointed by such board of education or board of cooperative
				  educational services prior to May 1, 2009 for the performance of duties in
				  instructional support services, and who was appointed to tenure or a
				  probationary period in an improper tenure area or a tenure area not authorized
				  under this Subpart based upon the performance of such duties, shall be deemed
				  to have been appointed or assigned by such board of education or board of
				  cooperative educational services to serve in a tenure area for which he holds
				  the proper certification as described in section
				  30-1.9(b)  of this
				  Subpart as it exists on May 1, 2009, from the initial date of his assignment
				  and shall continue to receive credit toward tenure and/or accrue tenure and
				  seniority rights in such tenure area while assigned to perform duties in
				  instructional support services provided that he holds the proper certification
				  for such tenure area.
(3) Any board
				  of education or board of cooperative educational services that employs a
				  professional educator on May 1, 2009 who has not been appointed to tenure or a
				  probationary period in a tenure area and is performing duties in instructional
				  support services, shall make a probationary appointment in accordance with the
				  provisions of section
				  30-1.9(b)  of this
				  Subpart by July 1, 2009 if the board desires to continue to employ such
				  professional educator for instructional support services, provided that the
				  professional educator meets the requirements of section
				  80-5.21  of this Title. Thereafter,
				  appointments on tenure shall be made in accordance with the provisions of this
				  Subpart.
(4) Any board of education
				  or board of cooperative educational services that assigns a professional
				  educator to the performance of instructional support services on or after May
				  1, 2009 who has previously been appointed to tenure or a probationary period by
				  such board in a tenure area identified in this Subpart shall credit the
				  professional educator with tenure and seniority rights in their existing tenure
				  area while assigned to perform duties in instructional support
				  services.
(5) Any board of
				  education or board of cooperative educational services that appoints a
				  professional educator on or after May 1, 2009 for the performance of duties in
				  instructional support services shall make probationary appointments and
				  appointments on tenure in accordance with section
				  30-1.9(b)  of this
				  Subpart.