A. Employment of substitute teachers:

In order to ensure continuity of instruction when teachers are absent, the district shall employ as substitute teachers competent and effective individuals as permitted by state law and regulations. The Board of Education recognizes that fully certified teachers may not always be available for employment as substitute teachers when the need arises.

The recruitment, selection and scheduling of substitute teachers is the responsibility of the Superintendent of Schools. Compensation rates for substitute teachers shall be established annually by the Board of Education at the organizational meeting. There are two categories of substitute teachers:

1. Per Diem substitute teachers, who are appointed by administrative action and are employed on a day-to-day basis.

2. Replacement or regular substitute teachers, who are appointed by Board of Education action for a leave of absence.

B. The following provisions from Commissioner’s Regulation 80-5.4 “Substitute Teachers” shall apply:

Definitions:

1. Substitute teacher means one who is employed in place of a regularly appointed teacher who is absent but is expected to return.

2. Long-term basis means employment for more than 40 days by a school district in a school year.

3. Itinerant means employment for 40 days or less by a school district in a school year.

Length of employment:

There shall be three categories of substitutes as follows:

1. Substitutes with valid teaching certificates or certificates of qualification. Service may be rendered in any capacity, for any number of days. If employed on more than an itinerant basis, such persons will be employed in an area for which they are certified.

2. Substitutes without a valid certificate, but who are completing collegiate study toward certification at the rate of not less than six semester hours per year. Service may be rendered in any capacity, for any number of days, in any number of school districts. If employed on more than an itinerant basis, such persons will be employed in the area for which they are seeking certification.

3. Substitutes without a valid certificate and who are not working toward certification. Service may be rendered for no more than 40 days by a school district in a school year.

C. Payment of Substitute Teachers

The rate of payment for substitute teachers shall be established by the Board of Education according to the following categories with the understanding that the rates of payment may be adjusted annually:

Level 1. Daily assignment or same assignment for 20 consecutive days or less.

Level 2. Same assignment for same teacher for 21 consecutive days until the 60th consecutive day.

Level 3. Same assignment for same teacher for 61 consecutive days until the 90th consecutive day.

Level 4. Same assignment for same teacher for 91 or more consecutive days.

Changes in the rate of payment for substitute teachers working consecutive days shall begin on the 21st, 61st and 91st consecutive day.

Level 5. Daily assignment after working as a substitute teacher for 40 days in the school year. Days as appointed teacher shall be included in the 40-day tally. This change in rate of payment shall begin on the 41st day of substituting.

Replacement teachers appointed by the Board of Education for a full semester or more shall be placed on Step 1 of the proper Niskayuna Teachers Association contract schedule (Bachelor’s or Master’s depending on the degree earned) and shall receive contractual benefits.

The Superintendent of Schools shall have administrative discretion to determine the rate of payment of regular or replacement substitute teachers in subject areas where it is difficult to employ substitute teachers, including but not limited to the subject areas of mathematics, science and foreign language.

Adopted: February 26, 1996
Revised: Sept 10, 2001
Feb 24, 2015

Ref: 8 NYCRR Sec.80-5.4