N.Y. Comp. Codes R. & Regs. Tit. 8 §§ 80-5.5

Current through Register Vol. 46, No. 50, December 11, 2024

Section 80-5.5 - Employment of retired public employees

(a)Definitions.

As used in this section:

(1)High need school means a school designated by the Commissioner of Education as a high need school. Such term shall include, but not be limited to, schools under registration review, low performing schools, and other high need schools, in which there was a shortage of certified teachers in the previous school year and there is a projected shortage in the current school year.

(2)Teacher shortage area means a subject area designated by the Commissioner of Education as a having a shortage of certified teachers in the previous school year and a projected shortage in the current school year.

(3)Retired person means a retired person as defined in section 210 of the Retirement and Social Security Law.

(b) Applicability.

(1) The approval of the commissioner to the employment of a retired person by any school district (other than the city school district of the City of New York), or by any board of cooperative educational services (BOCES) or any county vocational education and extension board, in the unclassified service pursuant to section 211 of the Retirement and Social Security Law, or to the employment by any school district of a retired person as a school resource officer in the classified service as authorized by section 212 (3) of the Retirement and Social Security Law, shall be obtained in accordance with the requirements prescribed in this section.

(2) The approval of the commissioner shall not be granted for the employment of a retired person in any school district, BOCES or county vocational education and extension board if the retired person is seeking to return to work in the same or similar position that the retired person retired from for a period of one year following the date of his/her retirement.

(c)Written request for approval.

(1) The prospective employer shall file with the commissioner a written request for approval, which shall certify to the commissioner the following:

(i) that the retired person is duly qualified and competent;

(ii) that the retired person is physically fit to perform the duties to be assigned;

(iii) that the retired person is properly certified as a teacher where such certification is required;

(iv) specific reasons why there is a need for the services of the particular retired person;

(v) specific reasons why the employment of the particular retired person is in the best educational interests of the district, or the board; and

(vi) that there are not readily available other persons who are not retired persons qualified to perform the duties to be assigned, in accordance with section 211 of the Retirement and Social Security Law.

(2) The written request shall also include satisfactory documentation to establish either of the following:

(i) that the district or board has undertaken an extensive and good faith recruitment search for a certified and qualified candidate, or in the case of a school resource officer a qualified candidate, and determined that there are no available non-retired persons qualified to perform the duties of such position. Satisfactory documentation of an extensive and good faith recruitment search shall include, but not be limited to, evidence that the district or board:

(a) considered all certified and qualified non-retired candidates, or in the case of a school resource officer all qualified non-retired candidates, before requesting approval from the commissioner under this section; and

(b) advertised for the particular position in a sufficiently broad manner appropriate for that position, based on the geographic location of the district or board and on any prior historical shortages for that position in the district or board; or

(ii) that there is an urgent need for the retired person's services in such position as a result of an unplanned, unpredictable and unexpected vacancy requiring an immediate temporary interim appointment, precluding the district or board from conducting an extensive recruitment search. In the case of an emergency interim appointment, the district or board shall describe the selection process employed for the interim appointment.

(3) Each written request for approval of employment of a retired person shall be accompanied by:

(i) a copy of the resolution of the board authorizing such employment, subject to the approval of the commissioner;

(ii) a recruitment plan, detailing how the prospective employer plans to replace the retired person with a certified, and qualified person, or in the case of a school resource officer a qualified person, by the conclusion of the approved temporary employment period. The recruitment plan shall specify the selection criteria, the media outlets the district or board will utilize to recruit a candidate and contingency plans for expanded recruitment if the initial recruitment procedures do not yield sufficient, certified non retired candidates; and

(iii) if a school district is seeking the commissioner's approval of employment of a retired person to the position of superintendent of schools, a certification that the retired person may participate in, but shall not lead the review and selection process for a permanent candidate of such position.

(4) The written request shall be signed by the prospective employer and the retired person and filed with the commissioner prior to employment, but in no event more than 30 days after employment commences.

(d) Duration of approval.

(1) Approval of the commissioner shall be for a period of up to one school year; and may be renewed once for up to an additional school year, but only in instances of demonstrated extreme hardship or other unexpected and unforeseen circumstances beyond the control of the district or board.

(2) Upon expiration of any renewal of the commissioner's approval for the employment of a retired person, a district or board shall not apply to the commissioner for additional approval under this section for a retired person seeking employment in the same position, in the same district unless the retired person is employed in a position as a certified teacher in a teacher shortage area or in a high need school, or in extreme circumstances where a district, BOCES or county vocational education and extension board is prohibited by law or otherwise from hiring a permanent replacement for a position, and such employment has been approved pursuant to this section.

(e) Notification to taxpayers.

Upon employment of a retired person under this section, the district, BOCES or county vocational education and extension board shall notify all resident taxpayers that a retired person has received the approval of the commissioner for employment in the district pursuant to section 211 of the Retirement and Social Security Law and the district shall notify such taxpayers of the retired person's compensation package and of the retired person's right to receive a pension while employed with the district or board.

N.Y. Comp. Codes R. & Regs. Tit. 8 §§ 80-5.5

Amended, New York State Register, Volume XXXVI, Issue 27, effective 7/9/2014

Amended New York State Register December 24, 2019/Volume XLI, Issue 52, eff. 12/24/2019