To address the issue of school districts having difficulties finding certified teachers to serve as substitute teachers.
Text or summary was published
in the May 4, 2016 issue of the Register, I.D. No. EDU-18-16-00006-P.
Final rule as compared with last published rule:
No changes.
Text of rule and any required statements and analyses may be obtained from:
Kirti Goswami, State Education Department, Office of Counsel, State Education Building, Room 148, 89 Washington Ave., Albany, NY 12234, (518) 474-6400, email: legal@nysed.gov
Initial Review of Rule
As a rule that requires a RFA, RAFA or JIS, this rule will be initially reviewed in the calendar year 2019, which is no later than the 3rd year after the year in which this rule is being adopted.
Assessment of Public Comment
Since publication of a Notice of Proposed Rule Making in the State Register on May 4, 2016, the State Education Department (SED) received the following comments:
1. COMMENT:
One commenter urges the Board of Regents to reject the amendment because allowing uncertified and unqualified individuals to substitute teach for a longer time is not the best approach to solving the current shortage of certified teachers and because it will have a negative impact on students. The commenter referenced a previous move by the Board to eliminate the use of unqualified teachers (when NYC had over 10,000 temporarily licensed teachers employed). They pointed to the low pay rate for substitutes as a cause of the shortage and suggested that districts should look to their retirees as a solution to the shortage. They also suggest that districts return to the practice of attracting substitutes by ensuring them several days of employment per week.
DEPARTMENT RESPONSE:
The proposed amendment addresses the certified substitute teacher shortages that have been expressed by the field. Extending the length of a substitute teacher is only allowed by the amendment in limited circumstances where the district superintendent (for districts that are a component district of a board of cooperative educational services or a BOCES) or the superintendent (for districts that are not a component district of a board of cooperative education services) certifies that the district or BOCES, as applicable, has conducted a good faith recruitment search and there are no available certified teachers that can perform the duties of such position. In rare circumstances, a district or BOCES may hire a substitute teacher beyond the 90 days, if a district superintendent or superintendent attests that a good faith recruitment search has been conducted and that there are still no available certified teachers who can perform the duties of such positon and that a particular substitute teacher is needed to work with a specific class or group of students until the end of the school year.
It continues to remain up to the individual district or BOCES to decide whether to hire an uncertified substitute teacher, and then whether the district is experiencing a shortage to allow for the additional 50 days that a substitute teacher may be employed. Districts and BOCES are free to employ the suggestions raised by the comment—encouraging district/BOCES retirees to work as substitutes and/or ensuring substitute teachers several days of work per week as a means of attracting certified individuals (or those pursuing certification).
2. COMMENT:
One commenter, a district superintendent, strongly supports the amendment to 80-5.4. The commenter explains that the amendment is critical to small rural school district which are already challenged with hiring substitute teachers in general, and who often spend the second half of the school year working to cover absent teachers. They point out that they are often left unable to cover classes.
DEPARTMENT RESPONSE:
Since the comment is supportive, no response is necessary.
