9270.1 SUBSTITUTES To the greatest degree possible, the Board of Education shall employ as substitute teachers competent and effective individuals who are certified by the State of New York in an approved teaching area. In the event that a certified substitute is not available, the District may employ the persons listed below for a maximum of 40 school days per year: Student teachers (with the approval of their program coordinator) Non-certified College Graduates with appropriate education and/or experience College seniors that are actively enrolled in Teacher Education Programs Pursuant to law, when substitute positions of five months or more become available, teachers on the district’s preferred eligibility list who were excessed from similar positions will be offered the position in order of seniority. The employment of substitute teachers will be centralized for the district in the office of the Superintendent of Schools. Candidates selected will be recommended to the Board for placement on the list of approved substitutes. Principals will assume responsibility for the scheduling of substitutes from the approved list as needed. The Board establishes and defines the following categories of teacher replacements in recognition that there is a need to define the various categories of teachers that are replacements for teachers that are temporarily absent from school. Per Diem Substitute Teacher A per diem substitute is employed to replace a teacher on a day-to-day basis. While in this capacity, the substitute shall not be placed on the teachers' salary schedule, but instead shall be paid the per diem rate approved by the Board. Per diem substitutes do not have probationary status, nor do they receive other employee benefits, except as prescribed by statute, Commissioner's Regulations or Board policy. Long Term Substitute Teacher A long term substitute teacher is a per diem substitute who has replaced or will be replacing the same teacher for at least thirty school days. A long term substitute shall be paid the per diem rate for a long term substitute as approved by the Board and shall not be placed on the regular salary schedule, does not have probationary status, and does not receive other employee benefits, except as prescribed by statute, Commissioner’s Regulations or Board policy. 9270.1 Leave Replacement Teacher A leave replacement teacher is a teacher who is appointed to replace a teacher on sabbatical leave, child care leave, family leave or other forms of leave of absence approved by the Board of Education. It is not a permanent position. A leave replacement teacher does not have probationary status, but is entitled to be placed on the teachers' salary schedule according to his/her background and experience, and is entitled to all fringe benefits prescribed by the VSTA contract, statute, Commissioner’s Regulations, or Board policy. Ref: Education Law §§2509; 2510; 3013; 3101 Civil Service Law §201(7)(d) Labor Law §590 8 NYCRR §80.36 Robins v. Blaney, 59 NY2d 393 (1983) Rosenberg v. Westbury Public Schools, 51 AD2d 551 (2d Dep’t 1976) Matter of Rossi, 22 EDR 128 (1982) Matter of Crandall, 20 EDR 16 (1980) Matter of Negri, 19 EDR 35 (1979) Matter of Walsh, 17 EDR 434 (1978) Matter of Blanchard, 14 EDR 260 (1975) 1st Reading November 26, 2002 2nd Reading & Adoption December 17, 2002 1st Reading for Re-adoption January 27, 2015 2nd Reading for Re-adoption February 24, 2015
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