N.Y. Comp. Codes R. & Regs. tit. 8 § 175.35

Current through Register Vol. 46, No. 45, November 2, 2024

Section 175.35 - Excellence in teaching apportionments for school districts and boards of cooperative educational services

(a)Definitions.

For the purposes of the apportionments pursuant to sections 1950 (15) and 3602 (27) of the Education Law, the following definitions shall apply:

(1)Salary shall mean the amount of compensation that is to be paid to a teacher exclusive of the amounts paid on behalf of a teacher for employee benefits.

(2) Except as specified in subdivision (e) of this section, teacher shall mean a certified or licensed teacher reported to the New York State Education Department through the Basic Educational Data System who provides classroom instruction to students in grades kindergarten through 12 on a full-time basis.

(3)

(i)Regions shall mean the following geographic regions, organized by county as specified in the following table:

Region	Counties
New York City:	New York, Bronx, Kings, Queens, Richmond
Nassau-Suffolk:	Nassau, Suffolk
Mid-Hudson:	Dutchess, Orange, Putnam, Rockland, Sullivan, Ulster, Westchester
Upper Hudson:	Albany, Columbia, Fulton, Greene, Montgomery, Rensselaer, Saratoga, Schenectady, Schoharie
Lake Champlain - Lake George:	Clinton, Essex, Hamilton, Warren, Washington
Black River - St. Lawrence:	Franklin, Jefferson, Lewis, St. Lawrence
Upper Mohawk Valley:	Herkimer, Oneida
Central:	Cayuga, Cortland, Madison, Onondaga, Oswego
Southern Tier-East:	Broome, Chenango, Delaware, Otsego Tioga, Tompkins
Southern Tier-Central:	Chemung, Schuyler, Steuben
Southern Tier-West:	Allegany, Cattaraugus, Chautauqua
Genesee - Finger Lakes:	Genesee, Livingston, Monroe, Ontario, Orleans, Seneca, Wayne, Yates
Western:	Erie, Niagara, Wyoming

(ii) Existing school districts shall be assigned to regions by the county in which they are located, as designated in the Code Manual for Public School Districts of New York State, 1985-86 (The University of the State of New York, State Education Department, Albany, NY 12234: available at the Information Center on Education, Room 385, Education Building Annex, State Education Department, Albany, NY 12234). School districts which are reorganized after the effective date of this section shall be assigned to regions by the county in which they are located, as determined by the commissioner.

(iii) Existing boards of cooperative educational services (BOCES) shall be assigned to regions as specified in the following table; provided that BOCES which are reorganized after the effective date of this section shall be assigned to regions as determined by the commissioner and provided further that the commissioner may consolidate two or more regions into a single region for any school year or on a permanent basis whenever necessary:

Region	BOCES
Nassau-Suffolk:	Nassau, Suffolk 1, Suffolk 2, Suffolk 3
Mid-Hudson:	Dutchess, Orange-Ulster, Putnam-Westchester, Rockland, Sullivan, Ulster, Westchester 2
Upper Hudson:	Albany-Schoharie-Schenectady, Otsego-Delaware-Schoharie- Greene, Rensselaer-Columbia-Greene, Saratoga-Warren
Lake Champlain - Lake George:	Clinton-Essex-Warren-Washington, Hamilton-Fulton- Montgomery, Washington-Warren-Hamilton-Essex
Black River - St. Lawrence:	Franklin-Essex-Hamilton, Jefferson-Lewis-Hamilton-Herkimer- Oneida, St. Lawrence-Lewis
Upper Mohawk Valley:	Herkimer-Fulton-Hamilton-Otsego, Oneida-Madison-Herkimer
Central:	Cayuga-Onondaga, Madison-Oneida, Onondaga-Cortland- Madison, Oswego
Southern Tier-East:	Broome-Delaware-Tioga, Delaware-Chenango-Madison-Otsego, Tompkins-Seneca-Tioga
Southern Tier-Central:	Schuyler-Chemung-Tioga, Steuben-Allegany
Southern Tier-West:	Cattaraugus-Allegany-Erie-Wyoming
Genesee - Finger Lakes:	Genesee-Wyoming, Livingston-Steuben-Wyoming, Monroe 1, Monroe 2-Orleans, Ontario-Seneca-Yates-Cayuga-Wayne, Orleans-Niagara
Western:	Erie 1, Erie 2-Chautauqua-Cattaraugus

(4)First-year, second-year, and third-year shall mean the number of years employed as a teacher in any school district or board of cooperative educational services in New York State.

(5)Current year shall mean the school year during which the apportionment is to be paid.

(6)Base year shall mean the school year immediately preceding the current year.

(b)Application for the apportionment.

In order to receive an apportionment of aid pursuant to section 1950 (15) of the Education Law, each participating board of cooperative educational services shall submit an application for the apportionment to the commissioner by January 1st of the current year. In order to receive an apportionment of aid pursuant to section 3602 (27) of the Education Law, the board of education of each participating school district shall submit an application for the apportionment to the commissioner by October 1st of the current year, provided that each board of education which, as of October 1, 1986, had not entered a collective bargaining agreement for the 1985-86 school year with the certified or recognized employee organization(s) representing teachers in the school district, may submit an application for such apportionment for the 1986-87 school year on or before June 30, 1988. Such applications shall be in a form prescribed by the commissioner.

(c)Computation of the apportionment.

(1) For the purposes of paragraph (d) of subdivision 15 of section 1950 of the Education Law, the regional median board of cooperative educational services teacher salaries for first-, second- and third-year teachers, or the consolidated regional median board of cooperative educational services teacher salaries for first-, second- and third-year teachers for those boards of cooperative educational services assigned to two or more regions which have been consolidated, shall be calculated using salaries paid in the base year to such teachers with a bachelors degree by all boards of cooperative educational services located within the region. The statewide median board of cooperative educational services teacher salary for first-, second- and third-year teachers shall be calculated using the salaries paid in the base year to such teachers with a bachelors degree by all boards of cooperative educational services in the State. Salary amounts for this purpose shall be for services rendered during the period from September 1st through June 30th. Data used to calculate these medians shall be those salaries reported to the New York State Education Department through the Basic Educational Data System by all boards of cooperative educational services by February 1st of the base year.

(2) For the purposes of paragraph (d) of subdivision 27 of section 3602 of the Education Law, the regional median teacher salaries for first-, second-and third-year teachers shall be calculated using salaries paid in the base year to such teachers with a bachelors degree by all school districts located within the region. The statewide median teacher salary for first-, second-and third-year teachers shall be calculated using salaries paid in the base year to such teachers with a bachelors degree by all school districts in the State. Salary amounts for this purpose shall be for services rendered during the period from September 1st through Jun 30th. Data used to calculate these medians shall be those salaries reported to the New York State Education Department through the Basic Educational Data System by all school districts by February 1st of the base year.

(d)Payment of the apportionment.

(1) The apportionment due to each board of cooperative educational services pursuant to subdivision 15 of section 1950 of the Education Law shall be paid after receipt by the department of the application required by subdivision (b) of this section, in accordance with the following schedule:

(i) 25 percent of the apportionment shall be paid following receipt of the application; and

(ii) the remainder of the apportionment shall be paid in equal installments with the regular April, May and June State aid payments.

(2) The apportionment due each school district pursuant to subdivision 27 of section 3602 of the Education Law shall be paid in accordance with the provisions of section 3609 of the Education Law after receipt of an application from the district.

(e)Distribution of the apportionment to eligible teachers.

The set-aside amount shall be distributed to teachers, as such term is defined in paragraph (a)(2) of this section, who are in their first, second or third year. The amount remaining after distribution of the set-aside amount shall be distributed to eligible teachers in accordance with this subdivision.

(1) Definition.

(i) Commencing on March 14, 1988, for the purposes of this subdivision, eligible teacher shall mean a school employee who provides nonsupervisory educational services as a mentor-teacher or to pupils in prekindergarten programs or pupils in grades kindergarten through 12 or adults in adult vocational or academic programs under one of the following teachers' certificates or licenses issued pursuant to Part 80 of this Title or in a comparable position in the city school districts of New York or Buffalo, provided that such term shall not include a school employee who is compensated for such educational services under an administrative or supervisory salary or salary schedule, and further provided that such term shall not include a substitute teacher who is employed on an occasional or day-to- day basis:

(a) a certificate valid for pupil personnel service;

(b) a certificate valid for teaching occupational subjects;

(c) a certificate valid for teaching special education, the deaf and hearing impaired, the blind and partially sighted or the speech- and hearing-handicapped;

(d) a certificate valid for a reading teacher;

(e) a certificate valid for school media specialist, school media specialist (library), or school media specialist (educational communications);

(f) a certificate valid for teaching bilingual education;

(g) a certificate valid for teaching English to speakers of other languages (N-12);

(h) a certificate valid for teaching in the early childhood, upper elementary and/or early secondary grades;

(i) a certificate valid for teaching an academic subject;

(j) a certificate valid for teaching a special subject;

(k) a license or certificate valid for service as a teaching assistant; and/or

(l) a temporary teaching license.

(2) Determination of salary increases.

(i) In school districts and boards of cooperative educational services where the eligible teachers are represented by one or more certified or recognized employee organizations, all salary increases funded from this apportionment shall be determined by separate collective negotiations in accordance with sections 1950 (15) and 3602 (27) of the Education Law. Such negotiations may occur either concurrently or consecutively with the negotiation of the main collective bargaining agreement. Where there are first-, second-or third-year teachers in more than one bargaining unit, the amount set aside for such first-, second- and third-year teachers shall be allocated to each bargaining unit for bargaining purposes on a per capita basis in accordance with the number of first-, second- and third-year teachers in each bargaining unit on October 1st of the current year. Where there are eligible teachers in more than one bargaining unit, the amount of the apportionment payable to the school district or board of cooperative educational services remaining after distribution of the set-aside amount shall be allocated to each bargaining unit for bargaining purposes on a per capita full-time equivalent basis in accordance with the number of eligible teachers in each bargaining unit on October 1st of the current year. The actual allocation of funds to eligible teachers in each collective bargaining unit shall be made in accordance with the agreement separately negotiated between the collective bargaining agent and the school district or board of cooperative educational services.

(ii) In school districts and boards of cooperative educational services where the eligible teachers are not represented by a certified or recognized employee organization, the salary increases funded from this apportionment shall be determined by the governing body of the school district or board of cooperative educational services, in the same manner as teacher compensation is currently determined.

(iii) In school districts and boards of cooperative educational services where some, but not all, eligible teachers are represented by one or more certified or recognized employee organizations, the apportionment shall be allocated between the unrepresented eligible teachers and the bargaining units in the same manner as is prescribed in subparagraph (i) of this paragraph for allocation among bargaining units. The salary increases for unrepresented eligible teachers to be funded from this apportionment shall be determined by the governing body of the school district or board of cooperative educational services, and shall be paid from the sum allocated to unrepresented eligible teachers.

(3) Except as otherwise provided in paragraph (7) of this subdivision, the apportionment received by a school district or board of cooperative educational services in a school year shall be distributed to those eligible teachers employed by the school district or board of cooperative educational services during that school year, provided that where separate negotiations are required pursuant to subparagraph (2)(i) of this subdivision, but have not been completed and the apportionment has not been distributed to the eligible teachers by June 30th of the current year, the school district or board of cooperative educational services shall place the apportionment in escrow, in accordance with such requirements as the State Comptroller may prescribe, until the negotiations are completed, so that the apportionment and any interest earned thereon will be paid to eligible teachers who were employed during that school year.

(4) Any employee benefits paid on behalf of eligible teachers by a school district or board of cooperative educational services shall be based on total salaries, including the amount paid from this apportionment.

(5) The monies paid to a school district or board of cooperative educational services pursuant to section 1950 (15) or 3602 (27) of the Education Law and this section shall not be expended for employee benefits.

(6) Eligible teachers shall not be required to perform additional services as a condition of their receipt of a distribution of funds pursuant to this subdivision.

(7) In any school district or board of cooperative educational services in which a separately negotiated agreement for the distribution of the apportionment was entered into prior to March 14, 1988, the amount of the apportionment remaining after distribution of the set-aside amount shall be distributed in accordance with such agreement to eligible teachers, as such term was defined in paragraph (1) of this subdivision on the date that the agreement was entered, who were employed by the school district or board of cooperative educational services during the applicable school year. Additional apportionments for the 1988-89 school year and thereafter shall be allocated in accordance with paragraph (2) of this subdivision. However, nothing contained in this subdivision shall be construed as requiring the renegotiation of collectively negotiated agreements for the distribution of the excellence in teaching apportionment that were entered into prior to March 14, 1988.

(f)Reports.

On August 15th of each year beginning with August 15, 1987, or as soon thereafter as an agreement is negotiated with the certified or recognized employee organization(s) pursuant to Education Law, section 1950(15)(a) or 3602(27)(a), each school district and board of cooperative educational services which has received an apportionment pursuant to this section shall file with the commissioner a report which shall include the following:

(1) the set-aside amount and the remaining apportionment distributed during the base year;

(2) a description of methods and procedures used to distribute the set-aside amount during the base year;

(3) a description of methods and procedures used to distribute the remaining apportionment during the base year;

(4) where applicable, a certification that separate negotiations were conducted to determine the distribution of the apportionment; and

(5) such additional data as may be required by the commissioner.

(g) To the extent that expenditures from this apportionment are not made in accordance with sections 1950 (15) and 3602 (27) of the Education Law and/or this section, such amount shall be disallowed and shall be deducted from the next State aid payment due the school district or board of cooperative educational services.

N.Y. Comp. Codes R. & Regs. Tit. 8 § 175.35