Teachers' Guide To Serving in The NYC Public Schools

New York City
Department of Education
Teachers Guide to
Serving in the
New York City Public Schools
Office of Field Services, Staffing and Information

65 Court Street-Room 811
Brooklyn, New York 11201
On-line Edition Updated December 2003
New York City Department of Education
Michael R. Bloomberg
Mayor
Joel I. Klein
Chancellor
LaVerne Evans Srinivasan
Deputy Chancellor
Operations and Planning
Joyce R. Coppin
Chief Executive
Division of Human Resources
Denise J. Hallett
Director
Constance J. Cuttle
Publications and Communications
On-line Edition Updated December 2003
THE NEW YORK CITY DEPARTMENT
OF
EDUCATION
J O E L I . K L E I N , Chancellor
DIVISION OF HUMAN RESOURCES
CENTER FOR RECRUITMENT AND PROFESSIONAL DEVELOPMENT
65 Court Street Brooklyn, NY 11201
Dear Colleague,
Approximately 80,000 teachers serve in the New York City public schools, teaching 1.2 million
children in 1200 school sites located throughout the five boroughs of the most culturally
diverse city in the world. Our students and their families look to the citys public schools to
provide a high quality education to each child.
The Division of Human Resources is committed to providing high quality service and support
to the teachers, supervisors and related support staff responsible for the education of the
citys public school students. We have created the Teachers Guide to Serving in the New
York City Public Schools to provide you with employment information that will help you
throughout your career with the New York City Department of Education. This edition has
been updated December 2003 and includes Personnel Memorandum No. 6 which covers
Spring 2004 sabbaticals.
I also urge you to make use of the Departments website www.nycenet.edu, the Division of
Human Resources website www.nycenet.edu/offices/dhr/ and www.teachny.com to keep
abreast of changes in Department of Education policies and procedures and to learn about
the various opportunities open to you as a New York City public school teacher.
Our goal is to recruit, induct, retain and sustain highly qualified teachers, supervisors and
related support staff dedicated to providing our students with a rigorous, standards-based
education that prepares them to be successful and productive citizens of our city, our state
and our nation. We are glad you are a New York City public school teacher. Together we
make a difference in the lives of the students we serve.
Sincerely,
Joyce R. Coppin
Chief Executive
Table of Contents
Beginning Employment with the NYC Department of Education
Introduction
Recruitment
Application Process
Regularly Appointed Teachers
Types of New York State Certification
Full Time Substitutes
Day-to-Day Substitutes
Websites for Additional Information
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Health Insurance and Blood Program
Health Care Coverage

Summary Program Description of the NYC Health Benefits Program
Health Insurance Plans
o New Enrollments
o Transfer Period
o Dependents
o Coverage While on Leave
o Retirement Coverage
UFT Welfare Fund
Employee Blood Program
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12
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13
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Salary Increments
Salary Schedule(s)
Longevity Increases
Salary Step Placement
o Eligibility
o Equated or Anniversary Date
o Types of Prior Allowable Experience
o Full Time and Other-Than-Occasional Per Diem Substitutes
o Salary Credit While on Leave
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Salary Differentials
o Types of Differentials
o Filing Time Period
o Required Documentation
Approved Foreign Language Translation Services
Assistance
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Salary
Payroll
Pedagogical Payroll Q-742 (Q Bank)

o Deductions from Gross Pay
Direct Deposit Program
Lost Checks
Loss of Preparation Periods
Additional Compensation for Teachers in Shortage License Areas
Name, Tax and Other Changes
OP 85 directions and form
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24
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25
25
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27
Teacher Attendance/Timekeeping
Attendance
o Cumulative Absence Reserve (CAR)
o Earning Sick Leave
o Reporting Absence (Calling in Sick)
o Self Certification of Attendance
o Approving Absence Due to Illness
o Absence for Reasons Other Than Illness
o Unauthorized Absence
o Lateness, Absence and Fractional Absence
o Application for Excuse for Personal Illness
o Borrowing Days
o Status While on Sick Leave
o Grace Period
o Absence Due to Childrens Disease
o Non-Attendance Days
o Extended Rights and Benefits for Military Leave
o Line of Duty Injury
o Reporting an Accident
o Criteria for Determination of Line of Duty Injury Status
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Leaves Without Pay

o Types of Leaves without Pay
o Filing Procedures
o Failure to Report After a Leave Without Pay
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Leaves With Pay

o Types of Leaves with Pay
o Terminal Leave and Termination Pay
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Pedagogical Service
Department of Education Policies

o Non-Discrimination Policy
o Chancellors Regulations
Discrimination/Harassment
Pupil Behavior and Discipline-Corporal Punishment
Verbal Abuse
Child Abuse
Tobacco Products and Smoke-Free Air Policy
Conflicts of Interest
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Mentoring
o Regulatory Requirements
o Record Keeping Requirements
o Mentoring Models
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Probation
o Completion of Probation Report
o Reduction of Probation (Jarema Credit)
o Application for Reduction of Probation
o Discontinuance of Probation
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Rating Pedagogical Staff Members

o Evaluation and Rating
o Implications of an Adverse Rating
o Appeal from An Adverse Rating for All Pedagogical Employees
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56
Tenure
o Definition of Tenure
o Traveling Tenure
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Transfers for Pedagogues

o Types of Transfers
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Sabbaticals
o Requesting a Sabbatical
o Guidelines and Types of Sabbaticals
o Sabbatical Rate of Pay
o Return from Sabbatical Provisions
o Sabbatical Waivers
Working Outside DOE
Working for the DOE
o Sabbatical Approval/Denial
o Return from Sabbatical
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Resignation and Reinstatement

o Types of Reinstatement
66
Excessing
o Employee Profile
o Article 17 of UFT Contract
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69
Ending Service
o Layoff
o Retirement
Teachers Retirement System
Termination Pay
Work Waivers (Section 211 and Section 212)
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Beginning Employment with the NYC Department of Education

Introduction
The New York City Department of Education actively seeks highly qualified, dedicated and
committed individuals with New York State teacher certification to teach in the New York City
public schools. We are including a brief overview of the recruitment, application and hiring
process as well as a brief review of types of New York State teacher certification in the hope
that you will become an advocate to others who may be considering a teaching career in the
New York City public schools.
Recruitment
The New York City Department of Educations Division of Human Resources/Center for
Recruitment and Professional Development conducts national teacher recruitment on college
campuses, at regional conferences, job fairs and events, and through local job fairs in
collaboration with districts/ instructional divisions. The Division also conducts international
recruitment.
Teaching vacancies are advertised on the website www.teachny.com or through the Division
of Human Resources website which can be accessed through www.nycenet.edu
Application Process
Applicants can submit information on-line (www.teachny.com) or go directly to a Regional
Operations Center. A Human Resources Assistant evaluates a candidates transcript and
certification documentation. Prospective eligible candidates are interviewed by a
district/operations center Personnel Liaison and then sent to a school where a vacancy exists
to be interviewed by the principal.
When a state certified applicant has been interviewed and offered a job, the individual begins
the hiring process with a Human Resources Assistant, who provides the individual with an
application package. The applicant returns the completed application package to the Human
Resources assistant who reviews the application and attached documentation for
completeness and accuracy. It is then forwarded it to the Division of Human Resources, Office
of Applicant Services, at 65 Court Street for final processing, including fingerprint clearance.
When an applicant is cleared, the newly hired teacher is issued a file number and a city
certificate or license. S/he is then entered into the Human Resource and payroll systems.
File Number: A file number is issued by the Division of Human Resources to an

individual who has been offered a specific job when the application process has been
completed, including fingerprint clearance. It is used for payroll and other data
purposes related to an individuals employment with the New York City Department of
Education. A persons file number, like a social security number, does not change
regardless of whether or not the individual changes licenses or moves into a different
job title.
Regularly Appointed Teachers

Regularly Appointed Teachers are certified by the New York State Education Department and
have been processed and appointed by the Department of Education to fill a specific vacancy
in a particular license (subject and grade level) area at a particular school. They have taken
and passed the Oral Interview test at the region/school level and hold a New York City
Regular License.
Teacher Certification
Teachers may begin service under one of the following New York State teaching certificates.
Types of New York State Certification
The New York State Provisional Certificate is the credential issued to an individual
who has met all requirements including academic preparation/coursework, student
teaching, state mandated workshops in Child Abuse Identification and School Violence
Prevention and Intervention and applicable tests in the New York State Teacher
Certification Examination program series. (For information regarding the specific
testing
requirements
visit
the
Office
of
Teaching
Initiatives
www.highered.nysed.gov/tcert/) In addition, the individual must meet fingerprinting and
moral character requirements. The provisional certificate is an entry level certificate
issued in a specific subject/grade title which is valid for 5 years. During the 5 years, the
teacher must complete the requirements for a permanent certificate.
The New York State Permanent Certificate is issued upon meeting the following
requirements: all requirements for provisional certification have been met; two years of
satisfactory teaching in a public or non-public school; a completed Masters degree; a
qualifying score on the applicable (www.highered.nysed.gov/tcert/)New York State
Teacher Certification Examinations. (Tests vary by certificate title.)
The Transitional B Certificate is a New York State certificate issued to participants in

an alternative certification program approved by the New York State Education
Department such as Teach for America, the NYC Teaching Fellows Program
(www.nycteachingfellows.org), and the Peace Corps. This non-renewable certificate is
valid for up to three years. Individuals who enter teaching under a Transitional B
Certificate and who intend to continue teaching beyond three years are expected to
complete all course work requirements and pass all required tests within the three year
time frame to meet eligibility requirements for New York State provisional certification.
The Transitional E Certificate is a three year, non-renewable certificate that allows

individuals who do not hold valid provisional or permanent Career & Technical
Education certificates to be employed for three years in the Career & Technical title for
which they have the requisite occupational experience and a written commitment from
a public school district or BOCES for employment as a teacher.
The Internship Certificate is available only to individuals enrolled in a Graduate

Internship Program at a participating college or university. After completion of 50% of
the Masters degree program requirements (usually 18-24 credits), an individuals
college/university may recommend him or her for a New York State internship
certificate which is valid for two years as long as the teacher remains in good standing
as a student at the university/college and as a teacher in his/her school.
The Limited Certificate is valid for one year only and will expire on August 31, 2004.
It is available only to uncertified teachers serving under a State Temporary License
who are employed by the New York City Department of Education for the entire 20022003 school year and who will have passed the LAST, ATS-W and the CST (Content
Specialty Test) in their certification area by September 1, 2003. (Log onto
www.teachny.com for specific testing requirements for each certification area.)
Teachers who serve under a Limited Certificate are expected to complete all
outstanding coursework deficiencies prior to the expiration date of the certificate, thus
becoming eligible for New York State provisional certification.
An Exchange Permit is a two year, non-renewable permit issued by the New York
State Education Department to international teachers who have a Bachelors degree in
education approved by the New York State Education Department and who are
certified as teachers in their home countries.
A Conditional Provisional Certificate is issued by the New York State Education

Department to teachers certified in other states that have an interstate agreement with
New York State. These teachers must pass all required New York State Teacher
Certification Examinations within two years of the effective date of their Conditional
Provisional Certificate.
Day-to-Day Substitute Teachers
An Occasional Per Diem Certificate (or OPDC) is the teaching certificate valid only
for day-to-day substitute work. In order to qualify for an OPDC, an individual must have
a Bachelors degree. The individual must be nominated by a principal or regional
Operations Center using a Vacancy Form 950 to have the person serve on a day-today basis only.
The person holding an OPDC is known as a day-to-day substitute or Occasional Per
Diem teacher who may serve in any New York City public school at any grade level
and in any subject area. Employment is not restricted to a particular district or
instructional division. Individuals serving as Occasional Per Diems do not receive
benefits and are paid per diem contractual salary rate only for actual days worked.
If an Occasional Per Diem teacher exceeds forty days of substitute service in one
school year, the teacher is required to take six credits of professional education
courses unless all education requirements have been satisfied. These courses must
be in accordance with an OPD Education Plan that is created as part of the process of
obtaining an OPDC. Completion of the six credits of professional education by August
31st (of the school year in which the forty days was exceeded) is required for renewal
of the OPDC for the following school year.
Websites for Additional Information:
For information regarding state certification log onto the New York State Education
Department website www.nysed.gov/tcert
Information about Department of Education vacancies, incentive programs, the hiring

process, etc. can be found at www.teachny.com and at www.nycenet.edu/offices/dhr/
Information about the Department of Education, including a link to the Division of

Human Resources can be found at www.nycenet.edu
Health Insurance and Blood Donor Program

Health Care Coverage
Included in the benefits package provided to regularly assigned employees of the
Department of Education are health care coverage and optional membership in a blood donor
program. An application for a health insurance plan must be submitted within 31 days of
employment in order for coverage to begin on the date of employment. A late application will
be given a later effective date and waiting periods will be imposed unless extenuating
circumstance dictate otherwise. Hourly and provisional employees (with the exception of
pedagogues) are eligible for health coverage the first pay date after 90 days of employment.
Optional benefit riders are available to increase coverage and are necessary for those
employees on the management benefit plan to insure prescription coverage.
Summary Program Description of the New York City Health Benefits Program
The City of New York Office of Labor Relations Employees Benefits Program publishes an
annual Summary Program Description of the New York City Health Benefits Program. This
publication includes a complete description of all health benefit plans, comparison charts,
health plans for Medicare enrollees, eligibility, enrollment and general information, employee
assistance programs, basic plan and optional rider costs and an application for retirees. It may
be viewed and downloaded from www.nyc.gov/html/olr/html/healthb/hompg_frm.html
It is also available from the Division of Human Resources Office of Health and Welfare which
distributes copies to schools where they are available from the payroll secretary.
To access the Health Benefits Program log onto www.NYC.gov. Choose City Services and
Agencies and then select the Office of Labor Relations.
Health Insurance Plans
Regularly assigned employees of the New York City Department of Education are eligible to
choose one of the following health insurance plans for which the Department pays the entire
cost of basic coverage:
HIP-Prime
GHI, GHI-CBP/Empire Blue Cross Blue Shield
Regularly assigned employees may also choose one of the following plans. These plans
require a payroll deduction for the basic plan:
Aetna Inc. HMO or Aetna GPOS

Cigna Healthcare
GHI/HMO (formerly Wellcare)
Empire HMO/Empire EPO
HIP-Prime POS
VYTRA
Healthnet
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Brochures describing each of the plans and an application form (ERB) are available from
school payroll secretaries or timekeepers and/or may be downloaded from the Division of
Human Resources website: www.nycenet.edu/offices/dhr/benefits/
New Enrollments
UFT employees and employees with prior employment status and no break of service with
any city agency are entitled to be covered by health insurance from the first day of
employment with the New York City Department of Education.
Employees who wish to be covered from the first day of employment must apply within
30 days by completing an ERB (Health Benefits Application) that is available from
the school secretary. Dependent documentation, if applicable, must be attached.
o
Types of required documentation required include:

birth certificates for dependent children
marriage license for spouse
domestic partnership certificate for domestic partner
Registrars letter with raised seal from college to cover dependents
ages 19-23 who are full time college students enrolled for at least 12
credits per semester
All other employees are entitled to health insurance coverage the first day of the pay
period following completion of 90 days of continuous employment. Employees who
wish to have health coverage beginning on that date should submit an ERB within the
first 90 days of employment.
If the spouse or domestic partner of a Department of Education employee covers the

employee under a City family policy, the Department of Education employee must
waive her/his health insurance within 30 days or the DOE employees health insurance
will be terminated. Double City coverage is not permitted. However, if the spouse or
domestic partner does not work for a city agency simultaneous coverage is permitted.
If a married employee wants to apply for individual coverage, the individual must
complete Section E and indicate NO for To be covered by employee/retiree? If a
married employee wants to cover her/his spouse, s/he must indicate YES and
submit a copy of the marriage license.
All applicants applying for health insurance must sign Section H on the ERB.
Only applicants participating in the Waiver-Buy Out program sign Section I. In

addition, they must complete a current years Medical Spending Conversion form
which entitles them to a predetermined cash allotment dispensed in June and
December of each year in which they participate in the program.
Section J is to be completed by the Payroll Secretary/Timekeeper only.
Transfer Period
Once a health insurance plan is selected, employees may not change or add optional benefits
until the next transfer period which generally occurs once a year in October with an effective
date of the first payroll date in January.
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Dependents
Dependents covered through a teachers health plan are a teachers spouse and unmarried
children under age 19 or to age 23 for fill time students. A teachers domestic partner may
also be covered.
If a teacher wishes to add dependents after coverage becomes effective, a new application
(ERB) must be submitted within 31 days of marriage, or the birth of a child in order for
coverage to begin on the date of the event. (A copy of the birth certificate or marriage license
must accompany the ERB.) Late applications will result in a later effective date.
An ERB and a copy of the individuals Domestic Partnership Registration Certificate issued by
the City Clerk are required to add a domestic partner to a teachers health plan. After the
domestic partnership application is approved and accepted, a letter is provided to the
individual that can be used to enroll his/her domestic partner in the UFT Welfare Fund.
Note: Unless a domestic partner is a dependent within the meaning of the Internal Revenue
Code, the amount paid by an employer attributable to coverage of a domestic partner is
treated as part of the participants gross income for Federal tax purposes.
If a teacher wishes to remove a dependent, the same process must be followed. A copy of
the divorce papers, signed and dated by the court, must be submitted with the ERB (& to drop
coverage for a divorced spouse. Divorce papers may be submitted at any time.
Note: Double city coverage is not permitted. If a teacher has a spouse who is employed by
the New York City Department of Education or another city agency, each may be covered
separately or as a dependent on the others policy, but they may not cover each other. Eligible
children must all be enrolled as dependent of one parent.
Coverage While on Leave
Appointed Teachers:
If a teacher takes a leave of absence without pay due to personal illness, health insurance
may be continued under SLOAC (Sick Leave of Absence Act Coverage -SLOAC). The school
secretary uses an EB1054 (Health Benefits Transmittal form) for the SLOAC transaction.
Welfare fund coverage is continued for up to one year. In the case of personal illness, all sick
days in the teachers Cumulative Absence Reserve (CAR) must be exhausted before SLOAC
coverage may begin.
For pregnancy related disability leave, health insurance coverage continues for a maximum
of 4 months. CAR days must be used until the baby is 5 weeks and 6 days old. If CAR days
remain in the teachers bank at that time, the teacher will be entitled only to a Family Medical
Leave Act (FMLA) leave for a total of 12 weeks of paid and/or unpaid coverage. (Full time
employees who have been on payroll for 12 months are eligible for up to 12 weeks of leave of
absence.) If there are no CAR days in the bank, the teacher may apply for a SLOAC as along
as a doctors note certifying a pregnancy disability is placed in her personnel file.
If a teacher stops receiving a paycheck for any other reason, there will be an opportunity
to convert coverage to a direct payment contract (COBRA). COBRA applications are made
available by the payroll secretary/timekeeper and are completed and mailed by the employee
directly to the carrier. A terminated employee has 60 days from the date of termination to
forward the application to the carrier, who will bill the employee.
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An employee who returns from a leave of absence of more than one year must complete
and submit a new ERB and applicable supporting documents for new enrollment in a
health plan.
An EB1054 must be completed by your school secretary when:
A teacher returns to work from a leave of absence of less than one year.
A teacher who was not entitled to July and/or August coverage must be reinstated
in order to begin health care coverage the first day she or he returns to work.
A teacher returns to work in a new title to inform the Office of Health and Welfare of
the change.
A teacher who returns from maternity/child care leave should submit a new ERB and
documentation for new dependent.
NOTE: The payroll secretary/timekeeper is the only person permitted to complete this
form. If the form is not properly completed and an ERB is not attached, the form will be
returned to the teacher.
Retirement Coverage
Health insurance coverage is continued if a retiree receives a pension from a retirement
system maintained by New York City and has had at least ten years of credited service in that
retirement system. Some Welfare Fund benefits also continue upon retirement.
To continue health care coverage at retirement, an ERB form must be completed and filed
by the teachers payroll secretary/timekeeper or mailed to the Office of Health and Welfare at
65 Court Street.
UFT Welfare Fund
Teachers and other pedagogues are entitled to supplementary benefits such as prescription
drugs, dental and optical procedures, etc. through the United Federation of Teachers Welfare
Fund. A UFT Welfare Fund enrollment card may be obtained from:
United Federation of Teachers
52 Broadway-7th Floor
New York, New York 10004
A UFT member may log onto the union website www.uft.org for detailed information about the
Welfare Fund and to download Welfare Fund forms.
Employee Blood Program
The New York City Department of Education participates in the City Donor Corps, a voluntary
blood donor group in which members donate blood at least once per year. In return, members,
spouse, children to age 19, unmarried children to age 23 if full time students, parents,
grandparents and spouses parents and grandparents are provided with coverage in the event
blood donations are needed. Employees may obtain an enrollment card from the schools
payroll secretary/timekeeper or the Office of Health and Welfare at the Division of Human
Resources. The date of a members first blood donation is the effective date of coverage. For
further information, log onto www.nyc.gov/html/dcas/html/blood.html
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Salary
Salary Increments
Salary Increments for teachers and other pedagogical staff in the New York City Public
Schools are governed by the Department of Educations collective bargaining agreements
with the United Federation of Teachers and the Council of Supervisor and Administrators
depending on pedagogic title. The rules for salary credit are outlined in Chancellors
Regulations C-500 and C-545. These regulations are available in all schools and on the
Department of Education website www.nycenet.edu
The UFT contract covers: teachers, school secretaries, paraprofessionals, attendance
teachers, guidance counselors, psychologists, social workers, laboratory specialists, and adult
education teachers.
Salary Schedule(s)
The most recent salary schedules for teachers and other non-supervisory pedagogical
personnel may be downloaded from www.teachny.com and/or from www.uft.org
Listed horizontally across the top of the salary schedule are salary differentials. A teacher can
move horizontally across the schedule as s/he increases her/his level of learning.
Listed vertically down the left hand side of the schedule are salary steps. A teacher moves a
step for each semester of satisfactory service.
Longevity Increases
Only a regularly appointed teacher may receive longevity increases. After Step 8B, longevity
increases are listed for 10, 13, 15, 18, 20, and 22 years of service in the New York City public
schools. The increase is issued when an individual completes the indicated number of years.
Employees become eligible for longevity payments on the employees longevity eligibility date.
The salary increase for longevity should be reflected in the payroll check generated for the
pay period following the employees eligibility date. A longevity increase becomes part of the
teachers base salary and is immediately pensionable.
Service in the calculation of longevity time includes:
Regular appointed full time service
Regular substitute service
Recertified service
Annualized service under a Certificate of Competency (with a basic license)
Per diem service (85-169 days=1 term)
Salary credit or outside experience if granted prior to April 12, 1971
The following types of service are not included in calculating longevity credits even
though they are included in the calculation of seniority lists:
Layoff time
Service as a paraprofessional
Service on a per session basis
Inactive time for which no seniority credit is granted
Veterans credit
Blind disability credit
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Service with a Certificate of Competency without a basic license
The Office of Payroll Administration will change the employees salary step to include the
longevity amount retroactive to the effective date on the pay period following the date of the
individuals date of eligibility.
When a teacher receives a longevity increase, it is reflected through the use of Salary Code
Step Suffixes:
Number of Years Longevity
10 years
15 years
13 years
18 years
20 years
22 years
Salary Code Suffix

C or D
E or F
G or H
I or J
K or L
M or N
Currently a teacher reaches maximum salary when s/he has earned a Masters degree plus
an additional 30 credits and has 22 year of satisfactory service in the New York City public
schools.
Failure to Receive Longevity Increase
If a pedagogue has not received her/his longevity increase, the school payroll secretary / time
keeper must submit a Payroll Inquiry Form to the Division of Financial Operations, Office of
Payroll Administration which will review the employees record and make appropriate
adjustments as necessary.
Salary Step Placement for Teachers

Eligibility
Full time teachers in the New York City public schools fall into two categories:
Appointed teachers (sometimes referred to as regularly appointed)

Non-appointed teachers (sometimes referred to as regular substitutes)
Appointed New York City teachers are eligible for salary steps based on both prior
experience as a teacher outside the New York City Department of Education and for prior
non-teaching experience for certain licenses. Appointed teachers may be credited with a
maximum of seven and a half years for prior full-time teaching experience up to Step 8b.
(They are also eligible for salary differentials based on earning additional academic credits
and/or degrees beyond the Bachelors.)
When a teacher is appointed, s/he is expected to submit an application for salary step
placement regardless of whether or not s/he has prior full-time teaching experience and
regardless of whether or not s/he previously filed a claim as a non-appointed teacher. Note: If
an appointed teacher does have prior full-time teaching experience, s/he may claim service
performed preceding her/his date of appointment.
Non-appointed teachers may apply for salary step placement based upon prior teaching
experience performed outside the New York City Department of Education up to a maximum
of three years (Salary Step 4A) experience. Non-appointed teachers are eligible for salary
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differentials based on earning additional academic credits and/or degrees beyond the
Bachelors.
Regardless of whether you are an appointed or non-appointed teacher, your prior

teaching experience must have been paid, full time, approved, satisfactory regular
teaching service in a day school, grades K-12 performed after the conferral of your
Bachelors degree. Full-time, approved, and appropriate college teaching service may
also be claimed and if found eligible will be awarded at a rate of one semester of
service for one year of full-time college teaching. (Adjunct and/or part time college
teaching is not accepted.)
IMPORTANT NOTE: The New York City license application has been revised to include the
application for salary step placement for all newly hired teachers effective May, 2003. On the
application, all newly hired teachers with prior full-time teaching experience (or full time related
non-teaching experience for certain licenses) are asked to indicate service performed prior to
his/her hire to ensure proper salary step placement.
Appointed Teachers - Time is Money: Your Equated or Anniversary Date
An Appointed Teachers Equated or Anniversary Date
When an appointed teacher files a completed salary step application, s/he will be issued an
equated or anniversary date. This anniversary date is extremely important. It is one of the
two dates (March 1st is the other) each year on which the individual will advance to the next
salary step until the individual has advanced to the last step of the salary schedule.
Appointed teachers must apply within 6 months of appointment to avoid a late filing
date.
If an individual files after 6 months, s/he will be issued a late filing date. Her/his first payment
on the new salary step will begin on the first day of the month after the application has been
submitted. Late applications are not eligible for retroactivity to the date of appointment.
What It Means to Lose Retroactivity: A Tale of Two Teachers
Teacher A and Teacher B are appointed on September 1, 2001. Teacher A files a completed
salary step application on November 15, 2001, well within 6 months of appointment. Because
Teacher A filed within 6 months of her appointment, she will receive 10 weeks (from 9/1/01
through 11/15/01) of retroactive pay at her new salary step.
Teacher B doesnt file a completed salary step application until March 25, 2002 almost a full
month beyond the 6 month time frame. Her new salary step begins on the first day of the
month (April 1, 2002) after the application was submitted. Teacher B has lost 7 months of
retroactive pay at her new salary step.
Remember: Late applications are not eligible for retroactivity.
Failure to File
If you are an appointed teacher and you fail to file an application, you will receive an
anniversary date that corresponds to the date of your appointment but you will lose any
retroactive money you may have been entitled to for prior allowable service.
16
What It Means If You Fail to File: Loves Labors Lost

Bill Smith served in the New York City public schools for 4 years as a satisfactory nonappointed (regular substitute) teacher beginning September 1, 1997. When he was appointed
on September 1, 2001 he filed a salary step application. His was credited with his four years
of regular substitute service and his anniversary date is September 1, 1997. He is paid on
salary step 5A.
Mike Love also served in the New York City public schools for 4 years as a satisfactory nonappointed (regular substitute) teacher beginning September 1, 1997. When he was appointed
on September 1, 2001 he failed to file a salary step application. He is paid on salary step
4A.
He will move beyond salary step 4A at the rate of 1 step per year instead of 2 steps per year
until he files a salary step application and claims prior allowable teaching experience for
the NYC Department of Education. As soon as his salary step application is processed, he will
get credit for his teaching service and be put on his correct salary step. When he files he will
get an anniversary date of September 1, 1997. However, he will never recoup the money he
lost because failure to file means loss of retroactivity.
The New York City Department of Education requires every new appointee to file a
salary step application within six months in order to receive retroactive pay to the date
of appointment.
Types of Prior Allowable Experience
Prior Allowable Teaching Experience Outside the NYC Department of Education
Requirements:
In order to be creditable, teaching experience must have been full-time for at least one
complete school term (semester).
Teaching experience must have been paid, full-time, approved, satisfactory regular
teaching service in an accredited day school, grades K-12 after the conferral of your
Bachelors degree.
Full-time, approved, and appropriate college teaching service may be claimed and if
found eligible will be awarded at a rate of one semester of service for one year of fulltime college teaching. (Adjunct and/or part time college teaching is not accepted.)
Note: Only teachers of Common Branches, Early Childhood, Homebound, and Special
Education may claim regular Pre-Kindergarten teaching service.
The Division of Human Resources or its representative will contact the employers to confirm
all prior teaching experience.
Reminder: A newly Appointed Teacher must file a claim even if s/he filed while serving as a
Preparatory Provisional (uncertified) Teacher.
Prior, Allowable, Related Non-Teaching Experience (including satisfactory, related
experience performed in the military service)
Requirements:
A minimum of one calendar year of non-teaching experience
17
Non-teaching experience must be in a position that is reasonably related to your

Department of Education license area
Only full-time work is creditable
Note: Service as a paraprofessional or as a teachers aide is not creditable for salary credit.
Appointed teachers may claim allowable experience gained prior to their date of appointment.
Teachers in one of the following license areas may qualify for prior allowable related nonteaching experience salary credit:
Accounting and Business Practices
Attendance Teacher
Biology
Chemistry
Distributive Education
Earth Science
Home Economics
Industrial Arts
Library
Mathematics
Physics
Science
Shop Subjects/Trades
Special Education licenses (all)
Stenography and/or Typewriting
Technical Subjects
The Division of Human Resources or its representative will contact employers to confirm all
prior experience listed. A teacher may also contact former employers to alert them that the
Division will request verification of work experience.
Note: Appointed teachers must file claims even if they filed while serving as non-appointed
teachers.
Prior Allowable Pedagogical Experience Performed for the New York City Department
of Education
Newly Appointed teachers must submit an application for salary step placement to claim
salary step credit for allowable, satisfactory day school service performed prior to the date of
appointment whether in Pre-K 12 schools or adult education. Service in summer or evening
schools is not accepted. Per Diem Service is creditable only if the teacher worked at least 85
aggregate days to receive one term of credit. This service is only credited in blocks of 85
days.
Non-appointed teachers may complete an application to claim allowable service in adult
education rendered prior to the date of their original placement on the regular (bi-monthly)
payroll. All regular substitute (non-appointed) service is automatically credited by the payroll
division. Non-appointed (regular substitute) teachers cannot receive credit for per diem
service.
Per diem service is creditable only if you worked at least 85 aggregate days to receive one
term of credit. This service is only credited in blocks of 85 days.
After the Application is processed
A non-appointed teacher will receive a Certificate of Outside Experience on which s/he may
be granted from one to a maximum of six salary steps. This will be stated on the certificate.
The certificate will also contain the effective date of the salary credit.
An appointed teacher will receive a Certificate of Salary Status. It will list the salary step on
which s/he has been placed as well as an effective date. This certificate will also have a
18
column labeled Equated Date which establishes the month in which the individual will
advance a salary step on the salary schedule.
Note: If a teacher receives a certificate and doesnt receive an increase in pay, s/he should
ask her/his payroll secretary to contact Pedagogic Payroll regarding the processing of the
increase. At this point, the teacher must work with the Pedagogical Payroll Office to process
the salary increase.
Salary Step Information Full Term and Other-Than-Occasional Per Diem Substitutes
Full term and other-than-occasional per diem substitutes who fill full time vacancies are
compensated at the first salary step in Schedule C1 (or at the salary step and rate as may be
payable pursuant to a certificate of salary fixation issued by the Chancellor.) Such per diem
substitute teachers will advance to the next step in the salary schedule upon completion of
175 school days of service and on March 1, following the completion of 175 school days of
service. They may not move beyond salary step 4A.
Full term and other-than-occasional per diem substitutes who fill regularly scheduled part time
positions are compensated for each full day of service at the rate of one two-hundredth of the
first salary step of Schedule C1 (or at the salary rate of one two-hundredth of such salary step
of Schedule C1 and rate as may be payable pursuant to a certificate of salary fixation issued
by the Chancellor.) Such full-time per diem substitute teachers will advance to the next step in
the salary schedule upon completion of 175 school days of service and on March 1, following
the completion of 175 school days of service. They may not move beyond salary step 4A.
Salary Credit While On Leave
A teacher on a leave of absence without pay may work up to four days per week at per diem
service. Salary credit for per diem service performed while on a leave of absence is granted at the
rate of 1 term for every 85 days (up to Step 8B per the current collective bargaining agreement).
Please see the section Leaves Without Pay for a complete listing of the types of leaves for which
up to 2 years of salary credit is granted.
A complete guide to salary step placement and salary differentials for non-supervisory
pedagogical personnel may be downloaded from www.teachny.com
Salary Differentials
Teachers are eligible for salary differentials based on academic achievement. Salary
differentials are based on the current collective bargaining agreement. (Note: A teacher who
does not qualify for payment under any differential listed below is paid on C1.) The current
salary differentials are:
C2 First Differential = Bachelors Degree + 30 hours
C2+ID = Bachelors Degree + Intermediate Differential
C2+PD = Bachelors Degree + Promotional Differential (earned MA or equivalent)
C2+ID+PD = Bachelors Degree + Promotional Differential + Intermediate Differential
C6 Second Differential = Bachelors Degree + Masters Degree + 30 hours
19
C6+PD = Bachelors Degree + Masters Degree +30

C2 First Differential: The teacher with an approved Bachelors degree has earned an
additional 30 semester hours of credits or has earned an approved Masters degree. These
credits (undergraduate or graduate) may have been earned prior to the conferral of the
Bachelors degree but cannot be credits used toward or required for the Bachelors degree. If
any credits were earned prior to the conferral of the Bachelors degree, an original letter
signed by the schools registrar and bearing the school seal must identify the exact number of
credits required for the degree and the number of excess credits. NOTE: All New York City
Department of Education and NYSUT in-service courses are acceptable for the C2 First
Differential. (BA +30)
C2 +ID: This salary differential is paid only to teachers with an approved Bachelors degree
who have earned 60 credits but have not yet earned 36 credits in an area of specialization or
a Masters degree.
PD Promotional Differential: The teachers approved Bachelors degree and the same 30
hours of credit (undergraduate or graduate) as are acceptable for the C2 First Differential,
except that the teacher who has earned NYC Department of Education in-service credits may
submit only G credit in-service courses. The Promotional Differential includes 36 semester
credit hours (undergraduate or graduate) in any of the approved areas of specialization (a list
of approved areas of specialization is provided at the end of this document) or an approved
Masters degree. A course may be credited for both the 30 semester and the 36 semester
hour requirements. (C1 + PD) NOTE: You may only apply for the Promotional Differential
when you have at least 30 credits beyond those required for your Bachelors degree.
ID Intermediate Differential: The teachers approved Bachelors degree and an additional 60
semester hours of credits. If any credits (undergraduate or graduate) were earned prior to the
conferral of the Bachelors degree, an original letter signed by the schools registrar and
bearing the school seal must identify the exact number of credits required for the degree and
the number of excess credits. All G level in-service courses are acceptable. (BA + 60)
C6 Second Differential: Teachers of shop subjects (trade teachers), technology education
(industrial arts), business subjects, and related technical subjects may qualify with a
Bachelors degree and 60 additional credits, including all Department of Education in-service
courses and excess credits.
C6+PD: Teachers in any license may qualify with an approved Bachelors degree plus an
approved Masters degree plus 30 semester hours (undergraduate or graduate) that are in
addition to those required for the Masters or an approved Doctorate issued by a recognized
college or university. (MA + 30). The additional 30 credits must be earned after the conferral
of the Bachelors degree and may include both G credit and P credit in-service courses.
(Teachers of Shop Subjects, Trade Teachers, Technology (Industrial Arts) Education,
Business Subjects, and Related Technical Subjects may qualify with a Bachelors Degree and
60 additional credits, including all in-service and excess credits.) NOTE: Effective September
1996, a teacher may qualify by earning full National Board for Professional Teaching
Standards (NBPTS) certification.
20
Filing Time Period

Applications for salary differentials must be filed within 6 months of completing course work.
Course work Completed in
Fall Semester
Spring Semester
Summer Semester
Date of Completion
January 31st
June 30th
August 31st
Last Date for On-Time Filing

July 31st.
th
December 29
February 28th
Applications filed after these dates will result in late effective dates and loss of retroactivity.
Therefore, if a teacher files a complete application after the six month period, s/he shall receive an
effective date of the first day of the month following the date of submission of the complete
application and 60 additional credits, including all Department of Education in-service courses and
excess credits.
Newly appointed teachers who apply within six months of their date of appointment will receive
an effective date retroactive to their appointment date provided all courses were completed prior to
the date of appointment.
A regularly appointed teacher who returns from an approved Leave of Absence, or withdraws a
resignation, or rescinds a retirement and is reinstated and who files a complete application within
six months of the effective date of such action (return to work/reinstatement) shall receive an
effective date retroactive to the date of such action.
Note: A teacher can expect to see an increase in her/his salary rather quickly. However, it may
take several paychecks before s/he receives retroactive pay if entitled to retroactivity. If a teacher
does not receive retroactive pay after a few paychecks, the school payroll secretary should file an
Inquiry with Payroll on the teachers behalf.
Required Documentation
Beginning in June 2003 a teacher currently employed by the Department of Education who
applies for a salary differential must attach to the application form all original student
transcripts that document eligibility to receive the salary differential even though some or all of
the transcripts may have been submitted previously for a prior differential. These documents
will be scanned into a database.
Note: If you do not attach all original student transcripts, your application is incomplete and
cannot be processed. It will be returned to you.
Once your documents have been scanned, if you apply for another differential you must
submit only those transcripts that document additional course work completed after the date
on which your original transcripts were submitted (scanned).
If you were hired after May 2003, you must submit transcripts with your application.
Thereafter, you must submit only those transcripts that document additional course
work completed after the date on which your original transcripts were submitted.
Reminder: If a teacher is submitting excess credits at either the undergraduate or graduate level,
s/he must attach to the application an original letter signed by the registrar of the college/university
and bearing the school seal that identifies the exact number of credits required for the degree and
the number of excess credits. Applications for salary differentials must include original
student transcripts. Grade reports and computer printouts are not accepted.
21
Note: For foreign documents only, the New York City Department of Education will accept
copies of foreign transcripts only if they are notarized and accompanied by a notarized English
language translation from one of the following translation services:
Approved Foreign Education Translation Services
New York
Globe Language Services, Inc.
319 Broadway
Phone: (212) 227-1994
Fax: (212) 693-1489
California
Center for Applied Research Evaluation
& Education, Inc
P.O. Box 20348
Long Beach, California 90801
Phone: (562) 430-1105
World Educational Services, Inc.

P.O. Box 745, Old Chelsea Station
New York, New York 10113-0745
Phone: (212) 966-6311
Fax: (212) 966-6395
Education Evaluators International

P.O. Box 5397
Los Alamitos, California 90720-5397
Phone: (562) 431-2187
Fax: (562) 493-5021
Evaluation Service, Inc.

P.O. Box 1455
Albany, New York 12201
Phone: (518) 672-4522
Fax: (518) 672-4877
Educational Records Evaluation Service

777 Campus Common Road-Suite 200
Sacremento, California 95825
Phone: (916) 449-9570
Fax: (916) 448-3737
California
The Foreign Educational Document Service
P.O. Box 4091
Stockton, California 95304
Phone: (209) 948-6589
Delaware
International Consultants of Delaware, Inc.
109 Barksdale Professional Center
Newark, Delaware 19711
Phone: (302) 737-8715
Fax: (302) 737-8756
Florida
Josef Silny & Associates, Inc. Education Consultants
P.O. Box 248233
Coral Gables, Florida 33124
Phone: (305) 666-0233
Fax: (305) 666-6395
Illinois
Foreign Academic Credentials Service
P.O. Box 400
Glen Carbon, Illinois 62034
Phone: (618) 288-1661
Washington
Foundation for International Service, Inc.
University of Washington
Queen Anne Square, Suite 503
P.O. Box 352238
Seattle, Washington 98195-2238
Phone: (206) 543-0735
Wisconsin
Educational Credential Evaluators, Inc.
P.O. Box 514070
Milwaukee, Wisconsin 53202-3470
Phone: (414) 289-3400
Fax: (414) 289 3411
Assistance
The UFT provides assistance to its members in completing salary differential applications. If
an UFT member still has questions after speaking with a schools UFT Chapter Chair, the UFT
has five borough offices which are open on school days between the hours of 3:30 p.m. and
6:00 p.m. The UFT borough offices are located at:
UFT Bronx Office
2500 Halsey Avenue
Bronx, New York 10461
718-379-6200
UFT Queens
97-77 Queens Boulevard
Rego Park, New York 11374
718-275-4400
22
UFT Brooklyn Office

335 Adams Street
718-852-4900
UFT Manhattan
52 Broadway
212-598-6800
UFT Staten Island

4456 Amboy Road
Staten Island, New York 10312
718-605-1400
23
Payroll
Teachers are paid on the Q Bank payroll. It is a semi-monthly payroll on the 1st and 16th of
every month for a total of 24 pay periods per year.
Deductions from Gross Pay
Mandatory deductions from an individuals gross pay include federal, state, city and Medicare
taxes. Gross pay may be reduced by additional deductions that include, but are not limited to:
Social Security (FICA) (depending on individuals status and 403B participation)

Union Dues
Health Insurance
Insurance purchased through the individuals union
Automatic deductions for U.S. Savings Bonds
Pension and/or TDA contributions and/or Loans
Municipal Credit Union deductions
Tax levies and/or garnishments such as Family Court
Contributions to a unions political initiatives
Questions regarding an other than mandatory deduction should be addressed to the

appropriate agency listed below:
Pension, TDA, and Pension Loans
Municipal Credit Union

City/Family Court Deductions/Refunds
Garnishments
IRS Tax Levies
Social Security (FICA) refunds
Stop Payments and Check Updates (for
checks held/not cashed beyond 3 months)
NYC Teachers Retirement System (TRS)

55 Water Street
212-442-5520
Board of Education Retirement System (BERS)
65 Court Street-Room 1602
718-935-8555
Municipal Credit Union
Call 212-669-8555 for address of local borough office
NYC Comptrollers Office
1 Centre Street Room 200
212-669-8555
Direct Deposit
Direct deposit of an employees net pay directly into her/his bank account is available to all
annual employees and to per diem employees. During the annual enrollment period, an
employee must submit a Direct Deposit Application/Change form and a copy of a voided
check for the account to which s/he wishes the deposit to be made. (Note: The same form is
used to change information or to cancel participation in the program.)
If an employee decides to change the account designated for direct deposit, s/he must
submit the form indicating the change and wait until the change has been made before
closing the previous bank account. (If an account is closed before the change is made,
rejected paychecks will be returned by the bank. This process usually takes three business
days. The Department of Education will contact the employee when a replacement check has
been received. Emergency checks will not be issued.
24
A Direct Deposit Net Pay Enrollment Form can be downloaded from the New York City
Office of Payroll Administration at www.nyc.gov/html/opa/
System Stop Payment and/or Reversal of Direct Deposit
If an employee in the direct deposit program is not entitled to receive a check or checks, a
principal may authorize a system stop payment which is entered by the payroll secretary.
Although the individual may receive a pay stub, the funds are not deposited to her/his
account.
A principal may also authorize a reversal to checks deposited to an individuals bank
account when the employee is not entitled to the payment. A reversal is processed by the
payroll secretary/timekeeper at the request of the principal; funds directly deposited are
removed from the individuals bank account.
Lost Checks
If an employee loses a paycheck, s/he must immediately notify her/his payroll
secretary/timekeeper who must submit a request for a stop payment for a lost check to the
Department of Educations Office of Payroll Administration. The City of New York will issue a
replacement check when the lost check investigation is complete, usually between six and
eight weeks after a lost check report. Emergency checks cannot be issued during this time. If
it is determined that a lost check was cashed, the employee must sign an affidavit claiming
forgery.
Loss of Preparation Period(s)
The contract between the Department of Education and the United Federation of Teachers
provides for teacher preparation periods. A teacher may be asked by the principal to cover
another teachers class during her/his preparation period once in a school year without
additional compensation. Thereafter, the teacher may be asked to cover another teachers
class during his/her prep period and will be paid for the coverage.
In elementary schools only when a prep period is lost due to standardized testing, the prep
period must be rescheduled within five days or the teacher is compensated (at the rate of pay
for coverage as stipulated in the UFT collective bargaining agreement in effect at the time) at
the end of the month for each lost preparation period at the contractual rate of pay.
Appropriate records must be kept (the School Record of Teachers Absence may be used) to
ensure proper compensation of teachers who have lost preparation periods. Per diem
teachers are compensated for loss of preparation periods.
Additional Compensation for Teachers in Shortage License Areas
In accordance with the Agreement between the Department of Education and the United
Federation of Teachers, the Chancellor may authorize a particular school to permit teachers to
provide additional service in lieu of preparation periods in license areas deemed to be
shortage areas. Teachers eligible under this provision are those regularly appointed teachers
in the shortage license area with a full teaching load as defined in the Agreement. Applications
of such teachers shall be approved in the order of their seniority. If at any reorganization
period no regularly licensed and appointed teacher in the shortage area applies to fill an
authorized position, then the position may be offered to other teachers in the school in the
following order:
1. Regularly appointed in another license area with certification in the shortage license
area
25
2. Provisional with certification in the shortage license area

3. Regularly appointed in another license area, but with experience teaching in the
shortage license area
4. Provisional with experience teaching in the shortage license area.
Shortage license areas are:
Deaf and Hard of Hearing- monolingual and bilingual (Spanish only)

Limited Vision- monolingual and bilingual (Spanish only)
Bilingual Special Education (Spanish and Haitian Creole)
Spanish junior high and high schools
Auto Mechanic- high schools
Carpentry- high schools
Mathematics- junior high and high schools
General Science- junior high schools
Chemistry and General Science- high schools
Earth Science and General Science- high schools
Biology and General Science- high schools
Physics and General Science- high schools
Nursing- high schools
Reading- day schools
English as a Second Language-elementary and secondary
*Speech Improvement monolingual and bilingual (Spanish and Haitian Creole)
*Note: Only Teachers of Speech Improvement are authorized to provide related services in
the areas of speech diagnosis and/or therapy. Teachers of Speech are not considered
appropriate providers in accordance with compliance procedures.
Schools which are authorized to permit teachers to perform additional service must inform all
eligible staff members of the availability of such service and must select teachers in seniority
order. Seniority is computed in accordance with the excessing rules of the UFT agreement.
Teachers approved and scheduled to teach in lieu of preparation periods shall be paid at the
rate set forth in the agreement per semester as a special per session payment if they are
scheduled to teach five periods per week.. Teachers approved and scheduled to teach fewer
than five periods per week or less than a full term will receive a pro-rata special per session
payment.
The decision of the Chancellor not to authorize implementation of these provisions in a
shortage license area in a particular school shall be final and not subject to the grievance and
arbitration provisions of the Agreement.
Name, Tax and Other Changes
To make a change to an individuals name, address or number of tax deductions or to correct
a social security number, an OP85 must be completed. The OP85 form may be downloaded
from the Division of Human Resources website www.nycenet.edu/offices/dhr/ and must be
submitted to the:
Human Resource System
OP 85 Unit Room 604
65 Court Street
26
OP 85 FORM INSTRUCTIONS
1.
Top Section - Employee Identification Data

1. Fill in Last Name, First Name and Middle Initial - REQUIRED
Fill in Social Security Number REQUIRED
Fill in Date Of Birth REQUIRED
Fill in EIS ID / File Number - if applicable
2. Center Section - Biographical Data

Fill in item(s) to be added or changed.
Please include telephone number to update our records.
3.
4.
Center Section - Tax Data

Upon employment with the NYC Department of Education, a new employee will be required to
complete an OP 85 form for name, address and tax data entry purposes. In addition, ALL new
employees must complete both a W-4 (Federal) and IT-2104 (State) form. Upon completion,
any tax form(s) must be returned to and kept on file with the secretary/timekeeper at your
school.
All changes in tax status require a W-4 (Federal) and/or IT-2104 (State) form be completed and
filed with the secretary/timekeeper at your school.
Indicate all fields exactly as you want the deductions on your check, not just the item being
changed. (This will eliminate data entry errors while processing your request.)
Tax changes must include the selection of the payroll(s) to which the change should be applied.
Circle the appropriate payroll code(s).
Identify the tax status and number of tax exemptions for Federal and State/City separately.
You may request a different status and exemption on Federal and State. The entry in State
automatically defaults to the City field. Data entry is not permitted in the City field.
An OP 85, W-4 and/or IT 2104-E forms with a properly notarized Withholding Certificate
Affirmation must be completely filled out, without any alteration, for the following requests:
Federal exemptions of 11 to 19, OR
New York State exemptions of 15 to 19, OR
Full tax-exempt status.
The additional Federal, State and City deduction amounts for annual pedagogues, annual
educational paraprofessionals, Per Diem and hourly E-Bank employees may now be requested
separately. Additional withholding is applied per check.
The request should be in a DOLLAR AMOUNT up to and including $150.00. The amount that
is entered on the OP 85 will be the TOTAL amount deducted. Additional amounts ARE
NOT added to an existing deduction. If Additional Deduction amounts are to be
removed, put a 0 (zero) in each applicable field.
Bottom Section - Required Signatures

Sign and date the form (if requesting a name change, sign your new name).
Form must be signed by payroll secretary or notarized.
Draft: February 5, 2000
27
Telephone No.
(718) 935-2278
New York City Department of Education Division of Human Resources

65 Court Street Room 604 Brooklyn, N.Y. 11201
LAST NAME _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Personnel Change
Form OP-85
First Name and

Middle Initial
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ _
SOCIAL SECURITY NO.

EIS ID / FILE NUMBER
DATE OF BIRTH _ _ _/ _ _ _/_ _ _ _

PLEASE ENTER ONLY NEW INFORMATION BELOW
SOCIAL SECURITY NO.
FIRST NAME / MIDDLE INITIAL

LAST NAME
TELEPHONE NUMBER
STREET
ADDRESS
APT. NO.
CITY
STATE
ZIP CODE
RESIDENCE CODE
A CITY
P NON CITY
EMAIL
ADDRESS
CIRCLE EACH PAYROLL TO WHICH A TAX CHANGE SHOULD BE APPLIED:
Q740Q ANNUAL PEDAGOGUE (S-PAY CYCLE)
DE470 PER SESSION PEDAGOGUE
EBANK ED PARAPROFESSIONAL (P-PAY CYCLE)
DE170 PER DIEM PEDAGOGUE
HOURL HOURLY E-BANK (B-PAY CYCLE)

Federal
State
City
NUMBER OF TAX
EXEMPTIONS
TAX STATUS
A=Single
B=Married
ADDITIONAL WITHHOLDING
MAXIMUM $150 EACH
(Applied Per Check)
$__________
$_ _ _ _ _ _ _ _ _ _
$_ _ _ _ _ _ _ _ _ _
TAX CHANGES
FOR
ADMINISTRATIVE
AND CUSTODIAL
EMPLOYEES MUST
BE FORWARDED
TO APPROPRIATE
TIMEKEEPER
Under Penalty of Perjury, I certify that the number of Withholding exemptions and
allowances claimed on this certificate, and on the W-4 form and/or IT2104 form, which I have
completed for the school records, does not exceed the number to which I am entitled.
EMPLOYEE SIGNATURE (Include First Name) _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ DATE _ _ _ _ _ _ _

TIMEKEEPER PAYROLL SECRETARY SIGNATURE _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
SCHOOL & DISTRICT OR BUREAU _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Telephone# _ _ _ _ _ _ _ _ _ _ _ _ _
28
Teacher Attendance/Timekeeping
Accurate records of daily attendance, absence and lateness are required to determine the
payroll entitlement of each staff member. Chancellors Regulation C-601 outlines polices
regarding attendance and service of school staff.
Attendance
Daily attendance for regularly appointed and regular substitute teachers must be recorded.
Per diem substitutes must record their attendance by clocking in and out on a time card.
Hourly personnel must complete monthly timesheets. Each absence or lateness must be
recorded by the school secretary on the School Record of Teachers Absence which must be
signed by the teacher.
School Record of Teachers Attendance: Cumulative Absence Reserve (CAR)
The School Record of Teachers Attendance is the legal record of a teacher's attendance
and cumulative absence reserve. It moves with the teacher if her/his work location changes.
Based on the amount of time worked, each pedagogical employee earns sick leave that can
be used as needed for days of illness. (See earned sick leave below.) The sick time earned is
accumulated in a bank called the Cumulative Absence Reserve (CAR).
The CAR is intended to cover absence due to illness, with the exception that a portion of the
reserve may be used for personal business (maximum 3 days per year, two of which may be
used to take care of a family member per the current collective bargaining agreement.)
Earning Sick Leave
Regularly appointed teachers earn 10 days per year at the rate of one day for each working
month. If employment begins on the 15th day or the month or sooner, one day is credited for
the month. If employment is terminated on the 16th of the month or after, one day is credited
for that month. The CAR cannot exceed 200 days at the end of June. Three of the ten days
per year may be used for personal business.
Regular payroll substitute teachers earn a maximum of 5 days per term, one day for each
working month. The CAR of a regular substitute cannot exceed 120 days at any time.
Long term per diem substitute teachers earn sick leave credit of one day for any month
during which the days of per diem employment together with enumerated legal holidays equal
or exceed 20 days. A record of sick leave time earned is included on the paycheck stub. Only
after 5 consecutive days of service in the same school may sick leave be taken and only with
medical certification (not self-certified) for days when the per diem substitute would have been
employed were it not for the illness for which the sick leave is claimed. Days earned during
per diem service can be transferred to a teachers CAR upon assignment to a regular
substitute position or after regular appointment.
Occasional Per Diem teachers do not earn sick leave.
Reporting Absence (Calling in Sick)
A teacher who will be absent from school must notify the school secretary/timekeeper/or the
teacher assigned to this role, or the Registry Office before school hours so that coverage by
an Occasional Per Diem teacher (day-to-day substitute) can be arranged.
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Self-Certification of Attendance
Depending on the requirements of the responsible superintendent and/or the Medical Bureau,
an Application for Excuse for Personal Illness (OP 198) must be completed for each
occurrence of absence. A regularly appointed teacher is permitted to self-certify up to 10 days
of absence per year to be deducted from her/his Cumulative Absence Reserve. Three of
these days may be for personal business as opposed to self-treated illness.
A regular substitute teacher employed for one term may self-certify up to 5 days of illness; if
employed for a full year, s/he may self-certify 10 days, of which 3 may be used for personal
business.
Approving Absence Due to Illness
The Department of Educations Medical Bureau (65 Court Street, Brooklyn, New York 11201)
is ultimately responsible for approving an employees absence due to illness. Determination of
a pedagogues fitness for service is made by the Medical Bureau. However, absences of short
duration may be excused by the principal and need not be referred for medical evaluation and
approval by the Medical Bureau.
Absence for Reasons Other Than Illness
All absence for reasons other than illness, which is not deducted from the CAR, is covered by
policies concerning non-attendance and absence without pay. (Please see the sections on
Non-Attendance and Absence without Pay below.) All absence from duty must be authorized,
either by the principal, superintendent, or the Medical Bureau depending on specific
circumstances.
Unauthorized Absence
An employee who is or will be absent is required to inform the principal promptly of the nature
and expected duration of the absence. Teachers who fail to apply for excuse of absence, or
whose applications are denied, are considered absent without authorization. Unauthorized
absence is reported for payroll deduction and, in addition, may be the subject of disciplinary
action to be initiated by the principal or responsible superintendent.
A regularly appointed teacher who is absent for 20 consecutive school (business) days
without notice may be deemed to have resigned.
Note: Chancellors Regulation C-603 delineates policies regarding absent employees.
Chancellors Regulation C-606 deals with time off for religious observance.
Lateness and Fractional Absence
The time for reporting to duty is established by the principal in relation to the requirements of
the school and the specific duties of the teacher. A teacher is considered late for duty if s/he
arrives after the established time for reporting to duty. If a teacher is not on duty by the time
the schools students are present in classrooms, s/he is considered absent.
If a teacher arrives after the time students are present in classrooms, it is considered a
fractional absence (absence for part of a school day). Fractional absence is the amount of
time missed between the time the teacher was required to report to duty and the teachers
arrival for duty. Example: A teacher is required to report for duty at 8:30 a.m. Students are in
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the schools classrooms at 8:40 a.m. If the teacher arrives at 8:35 a.m. s/he is considered 5
minutes late. If the teacher arrives at 8:45 a.m., s/he is absent for 15 minutes (fractionally
absent.)
The principal must review each occurrence of lateness as well as any fractional absence. Both
lateness and fractional absence must be recorded on the School Record of Teacher
Attendance.
If a teachers lateness or fractional absence was due to illness, the time is accumulated
for deduction from the teachers CAR. Fractional absences for illness are recorded and tallied
to full days for each 6 hours or portion of a day greater than 3 hours and 20 minutes.
If a teachers lateness and/or fractional absence is not due to illness, or the teacher has
not time available in her/his CAR, the lateness and/or fractional absence must be reported for
deduction of the corresponding amount of money from salary.
Note: Timekeeping policies are delineated in Chancellors Regulation C-604.
Application for Excuse of Personal Illness
Chancellors Regulation C-601 addresses attendance and service of school staff.
An Application for Excuse of Personal Illness (OP198) is used to apply for authorization of
absence including:
Self-certified illness
Medically certified illness (Medical certification, when required, can be provided on this
form or separately on a Confidential Medical Report.)
Absence due to childrens diseases
Absence due to alleged accident in the line of duty
Request to borrow sick days
Request for a grace period
:
For absences from 1 to 10 days an OP 198 is not required unless the principal at her/his
discretion asks for its submission. The absence can be approved by the principal and
recorded directly on the Record of Absence. If an OP 198 form is required, the secretary must
provide the teacher with an OP 198 form. It may be forwarded to the Medical Bureau at any
time for review.
For absences that extend 11 to 20 days, an OP 198 must be submitted to the Medical
Bureau labeled For Information, which permits review at the discretion of the Medical
Bureau. A doctors certification is required on the form. The school secretary must collect both
the completed form and the doctors certification from the teacher.
For an absence of 21 days or more, the OP198, including the doctors certification, must be
approved by the Medical Bureau. The school secretary must collect both the completed form
and the doctors certification from the teacher and forward it to the Medical Bureau.
Borrowing Days
Borrowing of days takes place only at the request of a regularly appointed teacher and is
never required as a prerequisite for a Grace Period or Leave of Absence. A regularly
appointed teacher may borrow sick days to cover absence for illness or personal business
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after all the days in her/his Cumulative Absence Reserve have been used. Note: Substitutes
may not borrow sick days.
To request borrowed days, a teacher must file an Application for Excuse of Absence for
Personal Illness (OP198). The negative balance in a teachers CAR may never exceed 20
days.
Each time a teacher borrows sick days, s/he signs an agreement, in addition to the OP198,
that the borrowed days constitute a debt which must be repaid to the Department of
Education, either through days earned for future service or by payroll deduction during current
employment or upon termination of service.
Status While on Sick Leave
The payroll status of a teacher on sick leave depends on factors such as: the number of days
in the individuals CAR; whether or not days have been borrowed; whether or not the
individual is in a grace period; whether an individual is on leave without pay.
A teacher receives salary credit, and pension credit if regularly appointed, for any period of
paid sick leave. A regularly appointed teacher must be placed on inactive pay status if an
absence extends beyond the balance of the teachers CAR as supplemented by borrowed
days and exceeds one calendar month of approved absence without pay.
A regular substitute or a regular payroll per diem teacher is converted to per diem status
after 15 consecutive (or non-consecutive days) of absence without pay, starting from the last
day of actual service immediately prior to the last absence. Per diem substitutes receive no
credit for days of absence.
Grace Period
A grace period refers to a period of up to 30 days (one calendar month-not 30 working
days) of absence without pay for reasons other than personal business.
Only two types of leave are eligible for a grace period :
Restoration of Health (H/R)
Maternity Child Care (M/C)
A grace period maintains the individuals full time status and benefits. To enter a grace period,
the individuals CAR balance must be zero or in the negative (through borrowed days).
When the CAR of a regularly appointed teacher is exhausted and the teacher continues to
be absent for personal illness, the absent teacher may apply for a Grace Period by submitting
an OP 198 which is forwarded to the Medical Bureau. (Example: A teacher has used up all
her/his sick days (CAR) on November 12th. The teacher can be absent without pay (grace
period) from November 13th to December 12th with no break in service. If the teacher is still ill
on December 13th, an application for a Leave of Absence Without Pay for restoration of health
would have to be submitted to begin on December 13th.
A teacher must use all the sick days in her/ his CAR before taking any days without pay for
illness. A regularly appointed teacher has the option to borrow days before commencing
absence without pay (days of grace.) Note: A regularly appointed teacher is not required to
borrow days. If a teacher chooses to borrow sick days to cover excused absence for illness,
the maximum that may be owed at any time is 20 days. The teacher may borrow fewer than
20 days before taking grace days.
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During absence without pay (grace period) a deduction of 1/25th of the monthly gross salary is
made for each day of work lost. No deduction is made for a holiday or weekend occurring
within a grace period or period of absence without pay. An approved Grace Period is noted
on the teachers Record of Absence as absence without pay. No more than one Grace Period
may be granted to an individual during any school year.
Note: A grace period may not be taken on the first day after returning from summer vacation,
sabbatical, leave of absence without pay or prior to retirement. One day is earned to an
employees CAR balance during a 30 day grace period. This one day earned may be used as
a sick day or personal day immediately following the conclusion of the grace period.
An adjustment to the individuals check will be made to take into account the Grace period. In
a Grace Period when there is a Break in Service, a regular paycheck will be generated but
the employee is not entitled to the full check. Instead, an adjustment is made based on the
weekends and holidays during the grace period. The individuals payroll secretary processes
the paycheck for all necessary adjustments.
Grace Period for Maternity Child Care Leave
An employee may use the days in her CAR, may borrow days, and may take a grace period
for maternity child care. For example, an employee is expected to deliver on October 15th. Her
last day of service is September 20th. On September 20th she has 3 days in her CAR. She
decides to borrow 20 days and takes a grace period. The six week anniversary of her babys
birth is November 26th. Her CAR plus the 20 borrowed days plus her 30 grace days are
completed on November 26th. (Her CAR was exhausted on September 27th. Her 20 borrowed
days were exhausted on October 25th and her 30 grace days were exhausted on November
26th.)
Absence due to Childrens Disease
A teacher who contracts a childrens disease (e.g. measles, mumps-See UFT contract, Article
16) from work in the line of duty receives unlimited days off until the end of the illness. This
absence does not affect the teachers CAR balance. A form OP407 is required regardless of
the number of days of absence.
Non-attendance Days
A non-attendance day does not affect a teachers CAR balance. In most cases, nonattendance can be approved by the principal. However, in some instances (detailed on the
back of the application) approval by the superintendent is required. Absence as nonattendance is recorded on the School Record of Teacher Absence, but it is not considered
absence for the purposes of rating.
There are a number of categories that fall under the general heading of non-attendance days.
Attendance at a Convention or Conference: The teacher is approved to attend a

conference, convention, meeting or training session.
o An Application to Attend School Meeting or Convention Outside New York City
(OP221) must be completed by the teacher and submitted to the principal for
approval or disapproval and signature.
Court Subpoena: An employee is subpoenaed to appear in court
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Death in Family: A teacher is allowed up to four work days absence for a death in the
immediate (grandparent, parent, sibling, spouse, domestic partner, child, grandchild,
or parent of a spouse or any relative residing in the employees household) family.
The fifth and all subsequent days will be deducted from the employees CAR. In
Extenuating Circumstances, up to an additional nine days may be permitted. This
time off must be approved by the teachers district office/organization center. Travel
time allows up to five days beyond the four days absence permitted for a death in the
immediate family to travel to and from the funeral. Additional travel days must be
approved by the district office/organization center.
Funeral: A teacher is allowed one day for the death of someone not in the employees
immediate family (brother or sister-in-law, son or daughter-in-law, niece, nephew, aunt,
uncle, or spouses aunt or uncle or grandparent who is not a member of the immediate
family as defined above. Time is also granted up to one day for the funeral of a coworker.
Graduation: One day is granted for the graduation of a member of the immediate
family. Extenuating circumstances may provide an extra travel day for a single
graduation if approved by the district office/organization center.
Jury or Grand Jury Duty, or Jury Duty Qualification: Time is unlimited for the
length of the jury duty or jury duty qualification.
Legislative Hearing: Time is granted for the period required for the hearing on official
Department of Education business.
Line of Duty Injury: A line of duty injury does not affect the individuals CAR unless it
is disapproved. A doctors note must be submitted for a line of duty injury and the
Medical Department requires documentation and forms. If disapproved, each day of
absence will be deducted from the CAR or pay.
Military Duty: When an employee is called for military service, the first 30 days of
service are paid with no deduction from the CAR. (See Extended Rights and Benefits
for Military Leave below.)
Quarantine: If an employee is quarantined, the time needed for the quarantine is

granted.
Requirement of School System: Time is granted upon approval for the period
required when an employee is called to central headquarters on official business such
as a medical exam or interview.
School Visits and Meetings in New York City: Up to three school days per school
year may be used for observing school activities in other schools or for attending a
professional conference.
Student Suspension: Time is granted for the duration of the meeting to attend a
student suspension hearing/meeting.
Summer Training: Time is granted, usually the last two weeks in June, for two weeks
for training. (A summer training memorandum is issued by the Division of Human
Resources each year.)
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Transit Delay: This is an approved partial absence due to a failure in some mode of
public transportation.
Extended Rights and Benefits for Military Leave

New York Citys Extended Military Benefits Package was extended on October 14, 2002. The
intent of these extended benefits is to give credit to those Department of Education employees
who interrupt their careers to serve their country in time of national need and intend to resume
their employment on release from military duty.
Eligibility
All appointed, provisional, regular substitute and seasonal employees who are members of
the organized militia, reserve forces or reserve components of the armed forces of the United
States who serve on ordered military duty in Operation Enduring Freedom on or after
September 11, 2001 are eligible.
Probationary Period
If an employee enters military service before completing a probationary period or is appointed
or promoted to another position while on military duty, the time the employee is absent on
military duty is considered satisfactory service during probation. Important Note: A
probationary pedagogical employee cannot complete probation during military duty. The
amount of service required to complete probation will be computed upon the return of the
employee to her/his Department of Education position.
Duration of Leave
Any military leave granted under the extended benefit will commence at the expiration of 30
calendar days or twenty-two work days of military leave provided by New York Military Law
and will be issued for up to one year with an automatic extension if the employee is eligible
and continues to be in active military service. Staff who are not appointed and who were hired
for a specific period (e.g. covering a leave of absence or being hired for one school term or
one school year only) are entitled to military leave of absence not beyond the time the
employees service would have been terminated had the employee remained in her/his
position.
Processing of Military Leaves
For pedagogical employees the a) letter of application for military leave. b) the Military Pay
Reimbursement Agreement and c) a copy of the military orders or letter from the Commanding
Officer must be forwarded to the Military Leave Unit, 65 Court Street-Room 505, Brooklyn,
New York 11201.
Extended Benefits
In addition to the rights and benefits provided by New York Military Law to receive salary up to
a maximum of 30 calendar days or twenty-two work days, eligible Department of Education
employees will continue to remain on payroll in active pay status for as long as they are on
military leave of absence serving in Operation Enduring Freedom or other ordered military
duty in connection with the events of September 11, 2001.
During this time they will receive their full Department of Education salaries and will continue
to accrue sick leave and annual leave, where appropriate, which will be credited upon their
35
return to service. They will continue to receive their full health insurance benefits and the City
will continue to make welfare fund contributions on their behalf. However, in accordance with
the Military Pay Reimbursement Agreement, the employee must remit to the Department of
Education an amount equal to the amount received in military pay for any days in excess of
the statutory entitlement of 30 calendar days or 22 work days. Military pay includes the
amount of base pay plus allowances for food and shelter. An employee whose military pay is
greater than his/her Department of Education salary must remit to the City an amount equal to
his/her Department of Education salary. The employee must agree in writing to this
reimbursement, using the Military Pay Reimbursement Agreement, before any extended
paychecks may be released. The City is not precluded from utilizing any lawful remedy to
recover the applicable sums outlined above.
Civil Service Rights
Civil service employees who have promotion rights by virtue of being reached on an eligible
list during military leave or who either miss promotion examinations or are unable to apply for
civil service examinations because of their military service will be covered by special
provisions based on these extended benefits.
Line of Duty Injury

Approved leave for injury in the line of duty is granted with pay and without charge to a
teachers CAR. Injury in the line of duty will be granted provided the following has occurred:
1. The principal, principals designee or responsible supervisor has been notified of the
accident or incident.
2. The injured employee has submitted an application (OP198) for injury in the line of duty
leave in accordance with the section below entitled Criteria for Determination of Line of
Duty Injury Status.
3. The Superintendent, Personnel Manager, or designee has determined that the causative
accident or injury occurred in the line of duty.
4. All medical documentation requested by the Medical Bureau has been received.
5. The Medical Bureau has determined that unfitness for duty was the direct result of the
causative accident or incident.
Requests for Leave for Injury in the Line of Duty for Periods of Ten Days or Less
A Request for a leave for injury in the line of duty that is for 10 days or less (excluding the day
of the accident/incident) may be approved by the superintendent upon the receipt of the
documentation set forth above, including a note signed by a physician advising the employee
to remain out of work for a proscribed period of time, and providing all other conditions set
forth in the sections Responsibility for Reporting and Criteria for Determination of Line of
Duty Injury Status below have been met. The superintendent must be satisfied that the
criteria set forth in Criteria for Determination of Line of Duty Injury Status has been met. The
10 days that can be approved by the superintendent do not have to be consecutive days; they
can be any ten days during a school year.
Requests for Leave for Injury in the Line of Duty for Periods of More Than Ten Days
Any request for injury in the line of duty for a period of more than 10 days or that the
superintendent does not approve should be forwarded to the Medical Bureau for review and
determination in accordance with existing procedures.
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Prompt Referral for Medical Examination

An absence as a result of an alleged line of duty injury which exceeds 10 days cannot be
approved solely by a superintendent and must be referred promptly to the Medical Bureau. A
delay in submitting an Application of Excuse of Absence form (OP198) with the accident
report should not impede the referral of an employee to the Medical Bureau for an
examination as soon as possible, particularly when:
1. The principal or unit head believes an expeditious medical examination is
warranted by circumstances.
2. There are claims of injuries to head, eyes, back, shoulder, elbow, knee or groin.
3. There is the possibility of exposure to toxic fumes for all employees, particularly for
asthmatics or persons with cardiac conditions.
4. There are residual effects which continue beyond ten school days even though no
absence has occurred.
5. Absence as a result of an injury will exceed 10 days and therefore cannot be solely
approved by the superintendent and should result in prompt referral to the Medical
Bureau.
Reporting Service Prior to An Approved Leave for Injury in the Line of Duty
Absence claimed as injury in the line of duty is to be treated and reported as a claim for
ordinary personal illness pending Medical Bureau determination on a request for line of duty
status and the duration of an approved leave for injury in the line of duty that may be granted.
An employee may use her/his CAR to the extent permitted by the number of days in the
employees absence reserve. If necessary, and to the extent requested by an injured regularly
appointed employee, subject to Medical Bureau approval, such absence with pay may be
covered by borrowed days (not to exceed a maximum of 20) and/or up to one calendar month
of absence excused without pay for personal illness (grace period.)
Upon expiration of the grace period (one calendar month), the employee is required to apply
for and accept a leave of absence without pay for restoration of health, subject to Medical
Bureau approval, or to apply for disability retirement as appropriate.
Per Session Activity
During the period of time that a leave is granted for injury in the line of duty, a pedagogical
employee will be granted leave for the same period from a per session activity, provided the
employee has reported at least once to that per session activity. (Compensation for the per
session activity is limited to the length of that per session activity.) Retention rights, if any, are
unaffected by injury in the line of duty leave. If an employee is granted injury in the line of duty
leave for any injury which occurred during the performance of per session duties, the leave
extends to her/his regular employment as well.
Per Diem Substitutes and Other Substitutes
In the case of occasional per diem (day-to-day) substitutes, leave for injury in the line of duty
may extend up to the day for which the occasional per diem substitute was notified s/he would
be employed.
In the case of other substitutes (i.e. other than occasional, full term) leave for injury in the line
of duty may extend to the end of the school year following the one in which the employee was
injured.
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Effect of Injury in the Line of Duty Leave on Salary Credit, Pension and Probationary
Period
During the period of an injury in the line of duty leave, a pedagogical employee receives salary
credit and if regularly appointed, pension credit. There is no reduction, by reason of such
leave, of the total probationary period which an employee may be required to serve. Retention
rights, if any, are unaffected by injury in the line of duty leave.
Reporting an Accident/Incident
Any accident/incident which may result in a claim being filed for injury in the line of duty must
be reported.
Required Time Period for Reporting
Employees should report any such accident/incident to the principal, principals designee or
responsible supervisor before the close of business on the day of the accident/incident,
but no later than 24 hours after the accident/incident has occurred, unless reasonable
grounds exist for failure to report within these time limits. Temporary conditions such as ice or
water must be reported immediately so that conditions can be verified and corrected. If the
school or office is closed at the time, the report must be made on the next day the school or
office is open.
Failure to Submit a Report within the Required Time Period
If an alleged accident/incident is not reported within the required time, the Comprehensive
Accident Report and the OP198 is checked off as Disapproved for the reason of untimely
reporting. (Please see the section Prompt Referral for Medical Examination for important
information concerning referrals to the Medical Bureau.)
Reporting Forms
When injury is involved, a Comprehensive Accident Report must be prepared and signed
by the employee. (One copy of the Comprehensive Accident Report must be submitted to the
responsible Personnel Manager at the applicable Regional Operations Center within 24
hours of the principal being notified.) The Comprehensive Accident Report, which includes
information on the accident/illness and a description by the injured employee and statements
by witnesses, should be as detailed as possible so that the specific circumstances can be
reviewed. The injured employee must also submit a signed, notarized Assignment Form
OP200. (Please see section Set Off or Recoupment of Wages below.)
In addition, the employee must submit an Application for Excuse of Absence (OP198)
when claiming absences as a result of the injury. No Application for Excuse of Absence
(OP198) will be processed, nor will any payment be approved for the period in question unless
an Assignment Form OP200 has been submitted.
Form OP 198 should not be submitted unless Part 1, Line C has been checked, thereby
attesting that an Incident Report and Assignment Form OP200 have been filed prior to the
OP 198 and are maintained at the school or office.
Note: If the injured employee anticipates that her/his absence will exceed 10 working days,
s/he should contact the Medical Bureau at 718-935-2733 to schedule an appointment for an
examination.
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Set Off or Recoupment of Wages (Form OP200)

The Department of Education reserves the right to recoup monies against payments received
by an employee resulting from claims against third parties. Employees should be altered to
the necessity of completing and filing an Assignment Form (OP200) at the time that claim of
line of duty injury is presented.
It should be made clear that no Application for Excuse of Absence (OP198) will be processed,
nor will any payment be approved for the period in question unless this form (Assignment
Form OP200) has been submitted. In executing the Assignment Form, the employee is giving
the Department of Education the legal right to collect any monies received by the employee as
a result of a judgment or settlement. The form must be signed by the employee claiming line
of duty injury and notarized.
Note: It is the responsibility of the school or office to ensure that the OP 200 is properly
completed and on file at the work site. This form is retained on file in the school or office and
is not forwarded to the Medical Bureau.
Responsibility for Retention of Records of Accidents
Each school or organizational center is responsible for maintaining a complete case file of
employees who claim injury in the line of duty. In addition, each school or organizational
center is also responsible for maintaining a complete case file on each submitted injury in the
line of duty claim.
For employees who are injured during per session or other paid activities, the case file will be
maintained in the personnel files of the school or organizational center in which the employee
is primarily employed. If an employee is injured in a district or office other than that of the
individuals primary employment, both the school and organizational center will maintain case
files. In such cases, the school, district, or office where the individual is primarily employed will
furnish a photocopy of any necessary documents to the responsibility center having
jurisdiction over the secondary employment.
Note: Final approval for a leave for injury in the line of duty is subject to the determination of
the Medical Bureau, except for requests of less than 10 days which may be approved by the
superintendent as set forth above.
Criteria for Determination of Line of Duty Injury Status
The superintendent or office head having jurisdiction reviews the facts of each reported
accident or incident and determines whether it may be considered as having occurred in the
line of duty based on the facts of each case and the following criteria. The Chancellor has sole
discretion to grant leave for injury in the line of duty in exceptional circumstances to injured
employees who do not satisfy all the requirements enumerated below.
Causal Factors: An accident or incident is the natural, direct or immediate cause of an
injury or disability, and could not have been foreseen or avoided with ordinary care by
the injured employee. An employees statement that an injury was the result of an
untoward incident or extraordinary circumstance, defective condition, or that it
occurred in the exercise of ordinary care, shall be considered conclusive unless the
contrary is proven. The proof must be objective and credible evidence unless the
employer can establish that the employee has a documented pattern of abuse of injury
in the line of duty claims or other substantial evidence which is sufficient to establish
an employees lack of credibility as to this particular claim.
39
Definitions of When and Where an Employee is on Duty: The causative accident or

incident must have occurred while the employee is on duty. An employee is on duty
when one or more of the following requirements are met:
1. The employee has officially reported to work.
2. The employee is on school property during lunch period or immediately
before or after officially reporting to or from work. (School property is
considered to be the school itself, the surrounding area including the
playground fields and/or play areas, the sidewalk outside the school, and
the school parking lot.)
3. The employee is not on school property but has approval to work at another
site or at an out-of-school assignment such as coaching or field trips.
4. The employee is traveling outside the school pursuant to explicit
instructions form a supervisor (e.g. transporting payroll material, or is
directly en route to or from a meeting or conference.)
5. The employee has an assignment which requires travel and is injured while
performing duties connected with this assignment (e.g. attendance teacher
or teacher of the homebound.)
Pre-Existing Condition: An illness, injury, or disability which is shown to have
existed prior to an accident/incident claim, is a pre-existing condition and will
not be considered an injury in the line of duty. However, a pre-existing
condition which is aggravated by a new injury may be considered an injury in
the line of duty.
Employee Negligence: An injury resulting from an employees own negligence
is not an injury in the line of duty.
Altercations between Employees: An injury resulting from an altercation
between employees does not qualify as an injury in the line of duty unless there
is an agency, administrative, arbitration, or judicial determination that the
injured employee was not a fault or that another employee was at fault. Injuries
suffered as a result of a physical attack by someone other than an employee is
compensable if the criteria for injury in the line of duty status are met, unless
there is undue provocation on the part of the employee.
Re-occurrence of an Injury: If an employee is granted injury in the line of
duty leave and returns from that leave for a substantial period of time, leave will
not again be granted based upon the same injury unless the Medical Bureau
determines the claim is meritorious. In making its decision whether to grant the
subsequent leave, the Medical Bureau will consider the following: the length of
return to duty; the type of duties; the original injury involved and the nature of
the subsequent claim.
Remunerative Activity, Without Permission, During Injury in the Line of Duty Leave
Remunerative activity, without permission, during injury in the line of duty leave is prohibited
without the written approval of the Division of Human Resources. If an employee violates this
prohibition by engaging in remunerated activity without permission, the Division of Human
Resources may terminate the leave as of the date on which the violation began. Such
termination of leave shall not preclude any other appropriate disciplinary action by the
responsible superintendent or the Chief Executive of the Division.
A written request, which includes a detailed description of job duties, must be submitted to the
Medical Bureau in order to receive an exemption. Factors to be considered in determining
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whether to grant approval fro remunerative employment during leave for injury in the line of
duty will include: the type of work involved; whether the employee was engaged in the activity
prior to going on leave for injury in the line of duty; and the employees physical condition.
Reimbursement for Uninsured Line of Duty Injury Medical Expenses
Employees who have been granted line of duty status by the Medical Bureau may be
reimbursed for out-of-pocket medical expenses which are a result of the approved injury in the
line of duty. Only expenses that are not covered by other payments of insurance will be
considered.
The current $750.00 limit set forth in the collective bargaining agreement will be waived when
an employee is injured during an unprovoked assault by a student, parent or intruder on
school premises or off school premises provided the employee was performing duties in the
course of her or his employment. This waiver will be granted by the Chancellor or his
designee and is not subject to grievance procedure. The Medical Bureau will review such
cases to determine the amount to be approved. Claim forms for reimbursement may be
obtained from the general office in each school or by writing to the Medical Bureau, Claims
Unit, 65 Court Street, Brooklyn, New York 11201.
Leaving the New York City Area Without Permission During Line of Duty Leave
Leaving the New York City area for any purpose, including treatment affecting mental or
physical health, during line of duty leave is prohibited without the written approval of the
Division of Human Resources. If an injured employee violates this prohibition, the Division of
Human Resources may terminate the leave as of the date on which the violation began.
A written request, including supporting medical documentation, must be submitted to the
Medical Bureau in order to receive an exemption.
For clarification of any policy or procedure related to Injury in the Line of Duty, please contact
the Medical Bureau. 65 Court Street-Room 201, Brooklyn, New York 11201, or call 718-9352729.
Leaves Without Pay
A Leave of Absence Without Pay is the means by which a pedagogue who needs to be
absent from work for an extended period of time is accommodated. A Leave of Absence
Without Pay may be granted to regularly appointed teachers upon application (Form OP 198).
All leaves without pay originate in the school and must be approved or disapproved by the
superintendent, except for a leave for restoration of health which must be approved or
disapproved by the Medical Bureau.
The principal may approve up to 2 consecutive days of absence without pay as a result of
discussion with the teacher concerned for any of the reasons indicated on the form OP198.
The data may be entered directly on the School Record of Teachers Absence. Absence of
longer than 2 consecutive days requires an Application for Absence Without Pay to be
approved by the principal and the responsible superintendent. (Absence without pay requires
proper coding on the Payroll Service Report to adjust the paycheck issued. Please see the
Payroll Processing section.)
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For any absence without pay exceeding one calendar month, the staff member must apply for
a leave of absence without pay.
Except when the nature of the leave so indicates, teachers and other pedagogues are
prohibited from engaging in full time employment during a leave without pay. An individual on
a leave without pay may perform occasional per diem service (no more than four days per
week) when that is consistent with the purpose of the leave (for example, during leave for
educational study.)
There are various types of leaves without pay.
Temporary Employment: A leave may be granted for up to two years. An extension

beyond two years may be requested and may be approved.
Acceptance of a Supervisory or Teaching Position at CUNY or SUNY: A letter

from an official of the college is required. Salary and pension credit may be granted.
Performance of Teacher Training for a Private College or University in the NYC

area under a Foundation Grant: A letter from an official of the sponsoring institution
is required. The letter must indicate the capacity in which the teacher will serve and
must state that her/his service is part of teacher training. Pension credit may be
granted.
Acceptance of a Supervisory or Teaching Position in a Foreign Country

Sponsored or Approved by the U.S. Government: A letter is required from both an
official at the school or institution and from the U.S. Government Agency indicating
sponsorship and approval. Pension credit may be granted.
Acceptance of a Supervisory or Teaching Position in Armed Forces Dependents

Schools Abroad: A copy of military orders is required. Salary and pension credit may
be granted
Service in the Peace Corp: A copy of orders from the Peace Corps is required.
Salary and pension credit may be granted.
Service in Volunteers in Service to America (VISTA): A copy of the letter from the
agency is required. No credit is granted.
Service in a Federal Urban Project in NYC: A copy of the letter from agency is
required. Pension credit may be granted.
Service in an Official Capacity for New York City, New York State or a City or
State Subdivision: A copy of the letter from the agency is required. Salary and
pension credit may be granted.
Performance of Legitimate Duties as an Office or Staff Member of a Recognized

Union: Leaves are granted within numerical limits established by each collective
agreement. A letter from the union is required. Salary and pension credit may be
granted.
Work with the United Federation of Teachers (UFT): Leave is granted to work with
the UFT pursuant to its agreement with the Department of Education. Salary and
pension credit may be granted.
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Adjustment of Personal Affairs: Leave may be granted to settle the closure of a

family business on the death or incapacitation of the family member in charge. A letter
is required which gives a detailed outline of the situation requiring the teachers full
time attention for which no other person is available. No salary or pension credit is
granted.
Maternity and Child Care: A leave can be granted up to four years depending on the
initial date granted. An extension of one additional year beyond the four years may be
applied for. A physicians certification on application form OP160 is required for
maternity leave. A copy of a childs birth certificate is required for a child care leave.
No salary or pension credit is granted. Full time paid employment during leave to care
for a child or sick relative is prohibited.
Care of Adopted Child: A leave can be granted until the child is four years of age. An
extension of one additional year beyond may be applied for. A copy of adoption papers
is required. No salary or pension credit is granted. Full time paid employment during
leave to care for a child or sick relative is prohibited.
Care of Sick Member of Family: The duration of this type of leave is determined by a
medical evaluation of the sick individual via a physicians statement on application
form OP160. No salary or pension credit is granted. Full time paid employment during
leave to care for a child or sick relative is prohibited.
Restoration of Health: A leave for restoration of health may be granted after all CAR
days have been used and the grace period has been reached. (Note: A teacher may
borrow days or may choose not to borrow days.) The duration of a leave for restoration
of health is determined by medical evaluation of the individual. A physicians statement
must be submitted on the Confidential Medical Report form OP407. Service credit for
retirement purposes may be recommended. An employee may not engage in any
employment during a leave for restoration of health without the express approval of the
Division of Human Resources Medical Director indicating that such employment is
continued unfitness for pedagogical service. This also included maternity. No
employee absent because of illness may go to any place remote from his/her home in
the New York City metropolitan area without prior approval of the Medical Director.
Study or Educational Grant: The study or educational grant must be related to the
individuals license field or must meet eligibility requirements for a license other than
that held by the individual. A letter is required from either a registrar indicating
enrollment in a minimum of eight credits per semester or the equivalent or from the
sponsor of a grant indicating the nature of study under the grant. Pension credit may
be granted.
Military Leave: The first 30 days of military service in the armed forces of the United
States is granted with pay. For military service in excess of thirty days, special
application on form OP160 must be made and accompanied by a certified copy of
military orders. If an individual is commissioned, a certified statement showing the date
of acceptance of commission is also required. By law, personnel on military leave
receive all benefits as if they were continuing in active school service. Salary and
pension credit are mandatory and automatic. If an individual is still in the probationary
period when called to military service, this service is credited toward completion of
probation. Sick days are credited to the individuals CAR. If a pedagogue wishes to
accompany a spouse who has been called to military service, a certified copy of
the individual in the military is required. When a spouse is already serving in the
military, a letter from his/her commanding officer is required. Note: The benefits listed
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herein do not accrue to an individual granted a leave to accompany a spouse serving

in the armed forces.
Filing Procedures:
To request a leave without pay, an individual submits a completed Application for Leave
Without Pay (OP 160) to the school principal who reviews the application, verifies the validity
of the information contained in the application, and indicates her/his approval or disapproval.
The principal forwards the application to the Personnel Manager of her/his region.
If an applicant is requesting a leave for restoration of her/his own health, a separate
Confidential Medical Report (OP407) must be submitted and a medical evaluation is required.
If an applicant is requesting a leave to care for a family member, documentation of the
medical condition of the family member must be provided by that persons physician. The
Medical Bureau of the Division of Human Resources must approve a request for a medical
leave before the request can be processed.
Notice of Defective Application, Approval or Disapproval
If an application is incomplete or incorrectly submitted, the applicant will be sent a Notice of
Defective Application for Leave of Absence letter.
An applicant who is approved for a Leave of Absence without pay is notified on a Notice of
Grant of Leave of Absence Without Pay (OP 218).
The denial of a leave is communicated by letter.
Status While On Leave
A Leave of Absence Without Pay is considered Inactive Service. Salary credit and pension
credit are not granted except as recommended for specific leaves such as a leave without pay
to work for the United Federation of Teachers or to serve in the Peace Corps.
Per Diem Service While On Leave
A teacher may apply for a Per Diem position and perform service as a per diem substitute
teacher for up to four days per week while on a Leave of Absence Without Pay, with the
exception that individuals who are on a leave of absence without pay for Restoration of
Health are prohibited from per diem service.
Extensions, Withdrawals, and Terminations of Leaves of Absence Without Pay
A request to extend a leave is made in the same manner as the original application and must
be documented in the same manner. If the extension is for medical reasons, appropriate
medical documentation must accompany the request. The principal and the Personnel
Manager must take into consideration how the extension will effect the employees work
location.
Requests to withdraw or terminate a Leave of Absence Without Pay must be done in writing
and with sufficient reason for the action. The request must be submitted at least 15 business
days prior to the initial commencement date of the leave or the original requested termination
date of the leave.
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Failure to Report After a Leave Without Pay

A staff member who does not report for duty from a Leave of Absence Without Pay and fails to
communicate the reason for his or her absence will be placed on an Unauthorized Leave.
After 20 consecutive business days following the expiration of the leave, the employee will be
subject to automatic termination under Article 5F of the United Federation of Teachers
contract. Note: All failure to return to duty cases should be reported to the Office of Field
Services, Staffing and Information.
Leaves with Pay
There are three types of leaves without pay:
Sabbatical leave
Accident in the Line of Duty leave (please see Line of Duty Injury in the
Terminal Leave (Retirement Leave of Absence)
For specific information regarding sabbaticals, please see sabbatical section that follows.
For Accident in the Line of Duty leave, please see Line of Duty Injury in the
proceeding section of this manual.
Terminal Leave and Termination Pay
A Retirement Leave of Absence (commonly called Terminal Leave) is a leave of up to one full
term with full pay granted to a regularly appointed member of the staff based on half of
unused sick leave and in the expectation that the employee will retire at the conclusion of the
leave. In accordance with law, the Division of Human Resources grants retirement leaves of
absence.
Eligibility
To be eligible for terminal leave (retirement leave of absence), an individual must be:
Regularly appointed and

A member of the New York City Teachers Retirement System and
Eligible for service retirement at the conclusion of the leave and
Possess an accumulated reserve of unused sick leave
Entitlement and Duration of Leave
Terminal leave (retirement leave of absence) is granted on the basis of one half of the
accumulated unused sick leave up to a maximum of one school term. School term
refers to either the Fall (September- from the first date on which applicant would have
reported to duty- through the last school day of January) or Spring (February- from the
first school day of the term- through the last school day of June) division of the school year.
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Equivalency to Active Service

For all administrative purposes, including pay, salary and pension credit, retirement leave of
absence is equivalent to active service.
The position held at time of leave is not declared vacant until or unless the individual
on leave actually retires.
A substitute may be hired to take the place of the individual on retirement leave of
absence.
Days when school is not in session do not count as terminal leave but as active
service for purposes of remuneration.
When a vacation period comes between the end of a retirement leave and the
individuals retirement date, the vacation is considered to be active service for all
purposes including compensation.
Unforeseen closing of schools or other conditions which may excuse non-attendance
of working personnel during the period of retirement leave of absence do not alter the
dates originally computed for the retirement leave of absence. Compensation for such
days may be provided by means of Termination Pay.
Upon application of the staff member, the Division of Human Resources may terminate
unexpired retirement leaves of absence.
Note: Any cumulative absence reserve (CAR) balance remaining after the expiration of a
terminal leave of absence may be utilized for computation of termination pay at the rate set.
See Termination Pay below.
Termination of Unexpired Terminal Leave (Retirement Leave of Absence)
Individuals on terminal leave (retirement leave of absence) may terminate the leave as
follows:
By applying for immediate retirement or

By applying for excuse of absence with pay due to personal illness (sick leave) or
By applying for restoration to active service (other than during the last month of the
term)
Entitlement after Termination of Unexpired Terminal (Retirement) Leave
When a staff member terminates retirement leave of absence, the number of days of
leave already taken is charged against his or her entitlement in the event of a
subsequent retirement leave of absence.
When a staff member terminates retirement leave of absence by applying for sick
leave with full pay, s/he is entitled to the total accumulated unused sick leave less the
number of school days actually taken as retirement leave of absence.
Special Provision for Members of Board of Education Retirement System

Certain attendance teachers and other instructional personnel who are members of the Board
of Education Retirement System (BERS) and not of the NYC Teachers Retirement System
(TRS) receive terminal leave upon proper application in accordance with the provisions of the
applicable collective bargaining agreements. Procedures are essentially those applicable to
administrative personnel.
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Termination Pay
Teachers may resign or retire from their positions with the Department of Education or may be
terminated by the Department. Termination pay is based on one half the number of days
remaining in an individuals cumulative absence reserve (CAR). The applicant is entitled to
pay at the rate of 1/200th of his or her annual salary for each day of termination pay. A teacher
retiring at the end of the school term can be paid for a maximum of 100 days.
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Pedagogical Service
Department of Education Policies
The Department of Educations policies are outlined in the Chancellors Regulations which are
available in each schools principals office. They may also be viewed and/or downloaded from
the Departments website www.nycenet.edu. Click on Featured Links.
Non-Discrimination Policy
The Departments Non-Discrimination Policy is posted in each school:
It is the policy of the Department of Education of the City of New York to provide educational
and employment opportunities without regard to race, color, religion, creed, ethnicity/national
origin, alienage and citizenship status, age, marital status, disability, sexual orientation,
gender, prior record of arrest or conviction (except as permitted by law) and to maintain an
environment free of unlawful harassment.
Chancellors Regulations
Discrimination/Harassment
Chancellors Regulation A-830 outlines the procedures for filing complaints of alleged
discrimination/harassment.
A Local Equal Opportunity Coordinator (LEOC) is an individual designated in each
community school district, high school and central office/division by an appointing official, e.g.
principal, superintendent, executive director, director and head of an office. LEOCs are
responsible for providing information on mattes affecting equal educational and employment
opportunities and for conciliating and investigating complaints of discrimination/harassment
pursuant to this Regulation.
This regulation provides a Summary of Prohibited Discrimination which includes sexual
harassment of employees and students. Inquiries about the regulation should be addressed to
the Office of Equal Opportunity, 65 Court Street-Room 923, Brooklyn, New York 11201. (718)
935-3220.
Chancellors Regulation A-831 prohibits peer sexual harassment. It states: Any staff member
who witnesses student-to-student sexual harassment or who has knowledge or information or
receives notice that a student may have been the victim of sexual harassment by another
student is required to immediately report the alleged act to the staff member designated by the
principal as the individual to whom reports of student-to-student sexual harassment can be
made.
Pupil Behavior and Discipline- Corporal Punishment
Chancellors Regulation A-420 states:
Corporal punishment is prohibited. Disruptive behavior by a student must never be punished
by use of physical force. Such behavior usually reflects underlying problems that require
guidance intervention. School personnel should take steps to identify the problem(s) and,
working closely with parents, help the student receive maximum benefit from the educational
program offered at the school.
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The Bylaws of the Department state:

No corporal punishment shall be inflicted in any of the public schools, nor punishment of any
kind tending to cause excess fear or physical or mental distress. Violation of this bylaw shall
constitute grounds for dismissal.This bylaw remains in full force and effect and cannot be
waived by prior approval or consent of parent or guardian.
Verbal Abuse
Chancellors Regulation A-421 states:
Verbal abuse of students is prohibited. Disruptive behavior by a student must never be
punished by use of verbal abuse. Such behavior usually reflects underlying problems that
require guidance intervention. School personnel should take steps to identify the problem(s)
and, working closely with parents, help the student receive maximum benefit from the
educational program offered at the school. Matters concerning student behavior should be
addressed with Chancellors Regulation A-443 and the Discipline Code.
Verbal abuse is not corporal punishment, but is separately proscribed by this regulation.
Prohibited verbal abuse includes:
1. Language that tends to cause fear or physical or mental distress;
2. Language that includes words denoting racial, ethnic, religious, gender, disability, or
sexual orientation which tends to cause fear or physical or mental distress;
3. Language that tends to threaten physical harm;
4. Language that tends to belittle or subject students to ridicule.
Nothing in this regulation, however, prohibits a supervisor form counseling or disciplining an
employee for inappropriate speech or conduct that is not otherwise in violation of this
regulation.
Reporting of Suspected Child Abuse
Chancellors Regulation A-750 and the New York State Child Protective Services Law
mandates that school personnel report all cases of suspected child abuse and neglect
immediately. The Workshop in Identification and Reporting of Suspected Child Abuse or
Maltreatment is a requirement of this law.
The law states A child is considered abused or maltreated if the child is less than 18 years
old (21 year old or less if in residential placement) and a parent or other person legally
responsible for he childs care harms the child, creates substantial risk of harm, or fails to
exercise a minimum degree of care to protect the child.
Chancellors Regulation A-750 defines physical abuse, physical neglect, sexual abuse,
emotional abuse, and educational neglect. (See regulation.)
All pedagogical and non-pedagogical school personnel are mandated reporters. As a
mandated reporter, when a child comes before you in an official or professional school related
capacity and you have reasonable cause to suspect that the child has been abused,
maltreated or neglected (child abuse), you are required to notify the principal or designee
immediately. You are not required to possess a certainty before a report is made, only
reasonable suspicion.... Mandated reporters are also obligated to make a report if a parent,
guardian or other person legally responsible for such child comes before you in your
49
professional or official capacity and states from personal knowledge facts, conditions or
circumstances which, if correct, would render the child an abused or maltreated child.
The principal has the primary responsibility for reporting suspected cases, and when notified
by school staff of a suspected case of abuse, the principal must immediately report the
suspicion to the New York State Central Register (SCR) for Child Abuse and Maltreatment in
Albany by telephoning the toll-free number: 1-800-635-1522.
Tobacco Product and Smoke-Free Air (No Smoking) Policy
Chancellors Regulation C-810 states: Smoking is prohibited in all areas (restrooms,
stairwells, employee cafeterias, lunchrooms, lounges, etc.) within school buildings, office
buildings, structures, grounds, and facilities under the jurisdiction of the Department of
Education in which children are provided with instruction and/or related services. Smoking is
prohibited by employees while they are on duty supervising children whether or not they are
on or off school grounds.
Conflict of Interest
Chancellors Regulation C-110 sets forth the conflict of interest rules for officials and
employees of the New York City Department of Education. The Conflicts of Interest Law
contains important restrictions in the area of second jobs, gifts and honoraria, political
activities, volunteer positions and post-employment activities (e.g. positions taken after leaving
Department of Education employment.) All employees and officials of the Department of
Education are required to familiarize themselves with these provisions and the definitions
contained therein.
Chancellors Regulation C-110 provides rules governing: outside (non-Department of
Education) employment activities; authorship; coaching; private practice(s); tutoring and other
financial relationships with students; gifts and fundraising; approval of travel-related expenses
paid by non-government entities; employment during leaves of absence; and employment and
supervision of relatives. Inquiries pertaining to this regulation should be addressed to the
Ethics Officer, Office of Ethics and Conflict of Interest, 65 Court Street-Suite 922, Brooklyn,
New York 11201 (718) 935-5300.
Please log onto www.nycenet.edu/staff_admin/featured_sites.asp (Please note the _
between staff and admin and between featured and sites in the website address.) Click on
Chancellors Regulations to download Chancellors Regulation C-110 or any other
Chancellors Regulation.
Mentoring
New York State regulations require that all holders of a Transitional B certificate must be
provided with mentoring during their first year of service. Participants in the following
programs hold Transitional B certificates and will be mentored:
New York City Teaching Fellows

Teach for America
Peace Corps Fellows
Teacher Opportunity Program Scholarships
50
Mentoring is a critical component of the support and professional development for these new
alternative route teachers and must commence at the start of the school year. It is necessary,
therefore, to identify mentors prior to the end of the school year to ensure that qualified
mentors are ready to serve at the beginning of the school year in September.
Regulatory Requirements
The Transitional B Certificate is a State credential granted to individuals who complete
minimum eligibility requirements, a 200 hour pre-service program, pass State teacher
certification exams and are matriculated in a registered university program. The regulations
governing the Transitional B certificate require daily mentoring for the first eight weeks of
teaching. Thereafter, the schedule for mentoring should be designed to meet the individual
learning needs of the teacher and should be jointly determined by the principal, the mentor,
the faculty representative from the university at which the teacher in enrolled, and the teacher.
It is highly recommended that the continued mentoring occur three times a week at a
minimum. Note: There is no specific daily time requirement for the mentoring.
The State also requires that the university and the school have a written agreement outlining
the plan for such mentoring as described in the Record Keeping Requirements that follow.
The time for mentoring must be scheduled by the mentor and the teacher. Inasmuch as
Transitional B teachers are also actively matriculated in university coursework, mentoring
requirements outside the school day should be kept to a minimum.
Mentors must participate in training, which will be scheduled over the summer and at the
beginning of the school year.
Record Keeping Requirements
All meetings must be arranged by the mentor and new teacher at times convenient to
both.
The mentor must keep a monthly log of all activities using the Mentor Monthly Log.
Prior to completion of the first 40 days of daily mentoring, the mentor, teacher,
university faculty representative, and principal or designee should prepare a mentoring
plan to address the individual learning needs of the teacher. The plan is documented
using the Collaborative Mentoring Plan and should be reviewed periodically to ensure
that the learning needs of the teacher are met.
Copies of the monthly log and the mentoring plan must be provided to the principal
and appropriate regional designee.
Mentoring Models
The following models have been approved for mentoring to participants in alternative
certification programs:
School-based teachers who provide mentoring in a flexible time model and are
compensated at the appropriate rate ( e.g. per session or coverage)
Full time mentors
Teachers on unpaid leave or retirees
Questions relating to the implementation of mentoring should be addressed to the Director of

Mentor Programs- 718-935-4233 or to the Office of Alternative Certification (718) 935-5428.
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Probation
All newly appointed teachers must serve a probationary period of three years. Probation may
be reduced by up two years based on prior full time substitute service which precedes
appointment. (See Jarema Credit) At the end of each year of probation, the teacher must
receive a satisfactory rating from his/her Principal or supervisor in order to continue serving
the three year probationary period.
Projected Completion of Probation Report
This report is distributed to each districts relations officer on a monthly basis. It is the
responsibility of the Relations Officer (?) to calculate each newly appointed teachers
probation and ensure that the appropriate adjustments are made in the individuals H.R.S.
license and service history.
Reduction of Probation (Jarema Credit)
Jarema credit for reduction of probation is based on full time satisfactory substitute service in
the same license and level rendered prior to appointment. One term of credit will be granted to
teachers who serve a minimum of 80 school days of regular substitute service in the same
school during any 90 day (or more) school term.
One year of credit will be granted to teachers who complete a minimum of 160 days of regular
substitute service within a school year in the same license and level. The only license areas
that are not eligible for reduction of probation (Jarema Credit) are school secretaries,
laboratory specialists, and school psychologists.
For reduction of probation for teachers appointed under the new Arts license*, please refer to
the requirements for Arts licenses guidelines chart #1 under eligibility N-12 Arts license.
Application For Reduction of Probation
The Application for Reduction of Probationary Period requires the signature of more than one
principal. At the top of the page, the current principal of the school in which the applicant is
serving must sign immediately following the teachers personal information. I
Section #1 of the application must include all pertinent information such as number of days of
service, grade (level) and subject taught for each school in which the teacher taught. In
Section #1 the principals signature of each school in which the teacher served is required to
attest to the accuracy of the service record entered for the applicable school.
Discontinuance of Probation
Discontinuance of Probation is covered in the next section of this manual entitled Rating of
Pedagogical Staff Members.
Rating Pedagogical Staff Members

The Annual Rating Report is a yearly rating performed by principal for each teacher. The
Annual Rating Report is placed in the teachers permanent personnel file.
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Evaluation and Rating

A. Mandate and Timing
The mandate for the evaluation of employees and timing is contained in Section 89,
Subdivisions 7 and 7a, of the regulation which states: Within the last 10 school days of each
school year and not fewer than four school days prior to the close, the principal of each school
shall give to each member of his/her staff, a signed statement, characterizing his/her work as
Satisfactory or Unsatisfactory. In the case of a teacher or supervisor on probation whose
probationary period will extend more than one year, the principal may use the rating of D i.e.
Doubtful during the first year of such probationary period, if, in his/her judgment, such rating
best describes the teachers or supervisors service. A Certification of Unsatisfactory or
Doubtful work shall be accompanied by appropriate supporting data.
B. Characterizing an Employees Service
Written statements are issued to employees to characterize their service during the rating
period as Satisfactory, Unsatisfactory or Doubtful depending on the Rating Officers judgment.
The characterization of an employees service as Satisfactory indicates that s/he has
demonstrated sufficient competence or improvement and a willingness to learn. If such has
not been the case, ratings of Unsatisfactory or Doubtful should be used.
In arriving at the rating, all events, incidents and staff development activities which occurred
during the rating period should be taken into account. The criteria to be used for the
evaluation should include personal and professional growth, pupil guidance and instruction,
classroom management, participation in school and community activities and attendance and
lateness. The most efficient procedures with which to accomplish this evaluation would be
careful perusal of the relevant materials contained in the file.
C. Terminating an Employee
Employees whose unsatisfactory performance has been documented, may be rated
Unsatisfactory and may be terminated based on this documentation. All employees may be
rated Unsatisfactory and terminated for cause. In the case of tenured teachers, this is
addressed at 3020A proceedings. In the case of probationers it is addressed at U rating
hearings, Discontinuance/Denial hearings or C-31 termination appeals.
The Rating Officer should incorporate, but is not limited to, the following methods and
activities in the rating process:
1. Classroom observations
2.Pre and Post observation conferences
3. Buddy teacher system
4. Inter-visitation with colleagues
5. Ladder of discipline
6. Model lesson demonstrations
7. College courses
8. In-house workshops
9. A written warning to the employee that failure to improve may result in:
An Unsatisfactory rating,
Doubtful rating (for first year probationers),
Termination of Service
53
Discontinuance of Probationary Service and/or

Denial of Certification of Completion of Probation.
D. Performance Review Model

As per the guidelines for Annual Performance Reviews in the manual Teaching for the
21st Century, teachers and supervisors will be able to decide upon one of the two options
listed below or a combination of both components to evaluate performance:
Component A: Annual Performance Options
New York States A New Compact for Learning; encourages a broad range of teaching
and learning strategies, i.e. performance-based assessments, team teaching,
interdisciplinary courses, and other alternative organizational approaches to meet
students needs and ensure that students meet desired learning outcomes.
Component B: Formal Observation
An observation may be conducted as a single full-period classroom visit or a series of
short visits by the principal or supervisor. Discussion between a teacher or supervisor
before and after an observation must be built into a schools formal classroom observation
process, along with a post-observation conference and written report by the principal or
supervisor including prescriptive recommendations for professional growth, where
appropriate.
Satisfactory, tenured teachers may choose Component A or B, or both with the

concurrence of the principal.
New and if probationary teachers, tenured teachers who receive an unsatisfactory
rating the prior year and tenured teachers who are in danger of receiving an
unsatisfactory rating must have formal observations (Component B) by the
principal or designee as part of a prescriptive plan to improve their teaching.
These teachers may also utilize Component A as part of their performance review,
at their principals discretion.
Tenured teachers who are new to a school will have a formal observation
(Component B) by the school principal near the beginning of the term; after a
satisfactory observation, they may then choose Component A or B, or both, for
their performance review.
E. Required Observations (current regulations as of June 2003)

Elementary, Middle School and the Division of Special Education:
For teachers in elementary and middle schools and in the Division of Special Education the
following minimum number of required classroom observations is recommended:
Tenured Staff: One full period or composite per year should be made by the
Principal, Assistant Principal or Supervisor of Special Education (where appropriate).
Probationary Teachers, New Teachers, and Conditional Provisional Teachers

In a school with no Assistant Principal, two full periods or two composites per school
year should be made by the Principal. In schools with an Assistant Principal , one
full period or composite per school year should be made by the Assistant Principal,
and the same be done by the Principal. A Supervisor of Special Education will be
substituted where appropriate.
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Teachers with Special Needs: As many additional observations as are needed

should be made for teachers who have particular needs for any teachers whose
performance is less than satisfactory.
All Staff: Provisions must be made for post-observation conference during which the
observer is to commend strengths of performance and discuss the need for
improvement, if necessary, with each staff person being observed.
High School Staff

For teachers in high schools, it is recommended that the minimum number of classroom
observations be as follows:
Tenured Teachers on Maximum Salary Step: One full period or one composite per school
year is to be made be the Assistant Principal.
Tenured Teachers not yet on Maximum Salary Step: One full period or one composite per
school term is to be made by the Assistant Principal.
Probationary Teachers and New Teachers: Two full periods or two composites per school
term by the Assistant Principal, one full period or one composite per school year by the
Principal, one full period or one composite per school year by the Principal, and one additional
full period or one additional composite per school year to be made by either the Principal or
Assistant Principal.
Non-Supervisory Staff, other than Classroom Teachers
For Non-Supervisory Staff, other than Classroom Teachers and School Secretaries, Serving
in middle and elementary schools, Special Education, or high schools, the Principal or other
Rating Officer, where appropriate, should formally observe a probationary employee
performing his or her duties for the equivalent of two full periods per school year. For
tenured staff, the formal observation must be made for the equivalent of full period per
school year. Provision must be made for a follow-up meeting for the observer to commend
strengths of performance and discuss the need for improvement, if necessary, with each
staff person being observed.
For probationary school secretaries, the Principal or Assistant Principal should have a
conference with the secretary and review his or her records twice each school year followed
by an official report. For tenured school secretaries, a conference and review of records
must be held once each school year followed by an official report.
F. Implications of an Adverse Rating
1. Receipt of an Unsatisfactory rating has serious implications. Unsatisfactory
performance is compelling reason for recommending the Discontinuance of
Probationary Service or the Denial of Certification of Completion of Probation and
or filing charges against tenured employees. It may also impact on an employees
ability to obtain additional licenses.
2. Employees who have not reached their maximum salary also suffer the loss of
annual salary increments. However, upon completion of the next year of service
with a Satisfactory rating, and upon completion of the prescribed course work
(where applicable), the employee shall advance to the increment level that would
have been appropriate had there been no rating of Unsatisfactory.
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3. Substitute teachers (regular or per-diem) are additionally affected because receipt

of an unsatisfactory rating is considered sufficient grounds for removal from a
position. This removal does not preclude the right to seek employment in different
work sites using the same or other license(s) which possess. It is to be noted that
substitutes may receive only a Satisfactory or Unsatisfactory, never a doubtful
rating.
Note: None of the above consequences applies to employees who receive a Doubtful
rating.
G. Evaluation Forms The complete Rating Manual and all evaluation forms can be viewed
at www.nycenet.edu/offices/dhr/forms2/
H. Distribution and Transmittal of the Evaluation Form
1.
When the Rating is Satisfactory, the Evaluation Form is to be signed by both

the rating Officer and the employee. The original copy is given to the
employee, a duplicate is placed in the file and a third copy is sent to the
appropriate Superintendent.
2.
When the Rating is Doubtful or Unsatisfactory, the Evaluation Form is to be

signed by the rating Officer and the employee.
Copies are then distributed as follows:
a.)The original to the employee
b) A duplicate to the employees file
c) A duplicate to the appropriate Superintendent
d) A duplicate to the Division of Human Resources, Office of Teacher
Records, 65 Court Street-Room 823, Brooklyn, New York, 11201
Appeal From An Adverse Rating- For All Pedagogical Employees

1.
Right to Appeal
Employees who receive Doubtful or Unsatisfactory ratings may appeal such rating
under Section 4.3.2 of the By-laws of the Department of Education.
2.
Notice of Appeal
a. The employee may submit a written Appeal to an adverse rating by letter within
three (3) weeks, exclusive of the summer vacation, after receiving an
Unsatisfactory rating and must send the Appeal, plus a copy of the Evaluation
Form to :
Chief Executive
Center for Recruitment and Professional Development
65 Court Street Room 717
Attention: Office of Appeals and Reviews
b.
The employee, simultaneously, should mail a copy of the Appeal to the Rating Officer.
56
Note: From this point on, the employee will be referred to and is considered to be an
Appellant.
c.
3.
The Office of Appeals and reviews will communicate with the Appellant and the rating
Officer, acknowledging receipt of the materials and advising each of the requirements
prior to a Review.
Rating Officers Response to the Appeal
The Rating Officer is required to respond to the Appeal within three (3) weeks, exclusive of
summer vacation, after being made aware by the Appellant or the Office of Appeals and
reviews that an Appeal has been made.
a. Documentation
The Appellant is to be furnished with a complete set of documentation used by
Rating Officer to support the reason(s) for the adverse rating.
b. Receipt for Materials
Dated postal receipts, as well as a listing and description of the documentation
issued, should be obtained by the rating Officer and sent to the Office of Appeals
and Reviews.
c. Materials for the Office of Appeals and Reviews
The Rating Officer must send three (3) sets of the materials and data given to the
Appellant and copies of all receipts to the Office of Appeals and Reviews.
4. Appellants Response to Documentation
Upon receipt of the above specified materials, the Appellant has three (3) weeks,
exclusive of the summer vacation, in which to respond.
a. Written Answer
The Appellant must file a full, written rebuttal to any of the reasons and documents
furnished, and must notify the Office of Appeals and reviews if any of the
documents are being grieved with the Office of Labor Relations. If the Appellant so
requests, the scheduling of the Review will be delayed until all grievance steps
have been completed. The Appellant is required to file a Waiver Form with the
Office of Appeals and reviews to delay scheduling the Review.
b. Materials to the Rating Officer
Copies of the Appellants responses are to be served on the Rating Officer,
personally or by mail.
c. Materials to the Office of Appeals and Reviews
One (1) copy of the Appellants rebuttal must be forwarded to the Office of Appeals
and Reviews.
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Note: The Appellants failure to submit the written rebuttal within the allotted time may be
considered a withdrawal of the Appeal.
d. Materials in Grievance
In order to postpone the scheduling of a Review until matters have been resolved in
grievance, the Appellant must submit a Waiver Request to the Office of Appeals and
Reviews. The Appellant is obligated to notify the Office of Appeals and reviews as
soon as the grievance matter has been decided.
5. Response From the Office of Appeals and Reviews
After materials have been received from the Rating Officer and Appellant, the
Chancellors Committee is selected and the Review is scheduled. The Appellant,
Rating Office and other required individuals are notified at least one week in advance
of the date, time and place of the Review. The Appellant is made aware that he/she is
entitled to appear in person, be accompanied and advised by a department of
education employee or Union representative, call witnesses and also introduce any
relevant evidence.
Tenure
When a teacher completes her/his probationary service satisfactorily, s/he is considered
tenured for layoff and excessing purposes. Actual tenure is achieved when a teacher
completes probation and meets the maximum requirements for her/his license.
Traveling Tenure
Traveling tenure is a one year reduction of probation granted to teachers and school
secretaries who have achieved tenure within the New York City public school system under a
prior appointed license or were granted tenure by any New York state public school system.
Traveling tenure will also be granted to any teacher who received tenure or job stability
(tenure) in the parochial school system within New York State.
Transfers for Pedagogues
The movement of pedagogues and other school personnel from one school, district/divsion to
another is considered a transfer.
Types of Transfers
SCHOOL-BASED OPTION (SBO) Transfer and Staffing Plan: SBO transfers are
open to all teachers, guidance counselors, school secretaries, laboratory specialists,
and U.F.T. paraprofessionals.
Vacancies that exist in March of each year are advertised by the Division of Human
Resources throughout the system. Personnel committees select staff for all vacant
positions, existing and newly created.
The filing period is April for transfers to be effective as of the opening of school in
September.
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INTEGRATION TRANSFER: Transfers to further integration are open only to regularly

appointed teachers. Vacancies are deemed out of compliance with the percentage of
minority and/or non-minority teachers required for the purposes of staff integration as
determined from the New York City Department of Education staff ethnic data.
Vacancies that exist in March of each year are advertised by the Division of Human
Resources throughout the system. The filing period is April for transfers to be effective
as of the opening of school in September.
SENIORITY TRANSFER: Regularly appointed teachers, guidance counselors, school

secretaries, laboratory specialists and technicians, and teachers of attendance may
apply for specific vacancies and be granted a transfer based on seniority.
Vacancies that exist in May of each year are advertised by the Division of Human
Resources throughout the system. The filing period for seniority transfers is June for
transfers to be made effective as of the opening of school in September.
SENIORITY TRANSFER FOR SCHOOL SOCIAL WORKERS, SCHOOL

PSYCHOLOGISTS: School Social Workers and School Psychologists may apply for
district vacancies and be granted a transfer based on seniority.
Clinician vacancies that exist in May of each year are advertised by the Division of
Human Resources and mailed to each individual in the titles listed above who are
employed in a Committee on Special Education or School Based Support Team.
The filing period for the transfers is June for transfers to be made effective as of the
opening of school in September.
Clinical Transfer Plan:
The Clinical Transfer Plan is available to regularly appointed school
psychologists and social workers with at least five years of continuous service
after their appointment. Clinical transfers are filed with the Office of Field
Services, Staffing and Information and Information and are granted on the
basis of seniority to eligible employees who have filed a transfer request. In the
case of equal seniority, preference is given based on the applicants standing
on the eligible lists for appointment.
HARDSHIP TRANSFERS: Hardship Transfers are independent of the seniority

transfer plan. After three years of service on regular appointment, employees may
apply for a hardship transfer based on circumstances specific to each individual case.
Such circumstances include medical reasons, assault, travel, etc. There is no deadline
or filing period for submission of hardship transfer applications. Requests for hardship
transfers will be considered at any time as long as the application is completed in full,
includes all necessary signatures, and is accompanied by relevant documentation.
Transfers are approved by the Division of Human Resources to be made effective for
the next reorganization in February or September.
To request a medical hardship transfer, documentation must be submitted to
the Medical Bureau at the Division of Human Resources.
Pedagogues who are victims of assaults or other school-related crime will be
considered for hardship transfers. An individual must provide appropriate
supporting documentation (e.g. supporting official correspondence, school
incident reports, police reports, etc.) A completed application for a hardship
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transfer with supporting documentation must be forwarded to the Office of Field

Services, Staffing and Information, 65 Court Street-Room 811, Brooklyn, New
York 11201
ADMINISTRATIVE TRANSFER: A district may request the release of teachers and

other pedagogues from their current assignments; and the transfer is effective the date
the release is granted.
There is no application deadline. The transfer is effective the date the teacher or other
pedagogue is released.
Requesting a Sabbatical
In accordance with Chancellor's Regulation C-650 issued on September 28, 2000, applications
for Fall term sabbaticals are due to principals on or about May 15th
The following sabbatical information was contained in Personnel Memorandum No. 6 20032004 dated December 2, 2003 for sabbatical leaves of absence for UFT pedagogical
employees effective February 1, 2004. Please review the following instructions and information
carefully.
DUE DATES FOR SABBATICAL APPLICATIONS
In accordance with Chancellor's Regulation C-650 issued on September 28, 2000,
applications for Spring term sabbaticals are due as follows:
DECEMBER 19, 2003
JANUARY 5, 2004
JANUARY 12, 2004
A.
Applications due to Principals

Applications due to Local Instructional Superintendents in duplicate
Applications due to Office of Field Services and Information
GENERAL GUIDELINES AND ELIGIBILITY REQUIREMENTS
B.
Teachers on regular appointment will be eligible for a sabbatical leave for study or
restoration of health after each 14 years of service. The first 14 years of service
may include a maximum of three years of substitute service for which salary credit
was granted.
All courses for study sabbatical must be job related in accordance with criteria
established by the Chancellor.
Approval of the School Medical Director is required for all sabbaticals for restoration
of health. Teachers on regular appointment who have less than 14 years of service
will be eligible for a special sabbatical leave for restoration of health after seven
years of service on regular appointment.
LAST OFFER BINDING ARBITRATION (LOBA) DECISION - SABBATICAL LEAVES

Please be reminded of the following provisions of the Last Offer Binding Arbitration
(LOBA) decision applicable to teachers and others eligible for sabbaticals under the
UFT Agreements:
The sabbatical cap is 5% and includes all sabbatical leaves except sabbatical leaves for
employees with tuberculosis and special study sabbaticals to achieve State certification.
A sabbatical leave will be denied to an otherwise eligible applicant when the absence of
the pedagogue would cause a hardship in any department or subject area.
60

C.
School Secretaries and Laboratory Specialists and Technicians hired on or after July 1,
1985 are ineligible for sabbatical leaves.
RESTORATION OF HEALTH SABBATICALS
Applicants for Restoration of Health sabbaticals must file the attached application form
and the Confidential Medical Report and Medical Evaluation (OP-407).
The
application should be filed with the appropriate superintendent's office.
The
Confidential Medical Report must be completed by the attending physician and mailed
directly to the Departments Medical Bureau at:
Medical Bureau
65 Court Street - Room 201
D.
SPECIAL STUDY SABBATICALS TO ACHIEVE STATE CERTIFICATION

Teachers on regular appointment may apply for a special one year or six month
sabbatical leave of absence in the following instances:
For study to meet certification requirements for an additional certification

designated as a shortage area license (see list of current shortage areas below);
and/or
For study to become certified in the regularly appointed teacher's current
assignment area.
Eligibility: Based upon the criteria listed above, the applicant for sabbatical must meet
all other preparation requirements for State certification other than the remaining 16
credits or less required to achieve certification.
Shortage Area Licenses: Special sabbatical leave for study may be granted to
complete additional certification in one of the following shortage area licenses:
Bilingual Guidance Counselor (Elementary and Secondary)
Bilingual School Psychologist (Spanish)
Bilingual School Social Worker (Spanish)
Bilingual Teacher of Common Branches
Bilingual Teacher of Early Childhood Classes
Bilingual Teacher of Social Studies
Bilingual Teacher of Special Education (Spanish and Haitian Creole)
Teacher of Biology and General Science (Monolingual and Bilingual)
Teacher of Chemistry and General Science (Monolingual and Bilingual)
Teacher of Classes for Children with Limited Vision - (Monolingual and Bilingual (Bilingual - only Spanish)
Teacher of Classes for the Blind (Monolingual and Bilingual)
Teacher of Classes for the Deaf and Hard of Hearing-(Monolingual & Bilingual (Bilingual only Spanish)
Teacher of Earth Science (Monolingual and Bilingual)
Teacher of English as a Second Language (Elementary and Secondary)
Teacher of Homebound (Monolingual and Bilingual)
Teacher of Library in Secondary Schools
Teacher of Mathematics (Monolingual and Bilingual)
Teacher of Nursing
Teacher of Physics (Monolingual and Bilingual)
Teacher of Reading
Teacher of Spanish
Teacher of Speech Improvement (Bilingual and Monolingual)
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Application Requirements for Special Study Sabbaticals to Achieve Certification:

Applicants will be required to provide a letter from the college or university that they are
attending, or a deficiency statement from the New York State Education Department (SED)
confirming that they have met all other requirements except the remaining 16 or fewer
academic credits needed to achieve an additional certification. The applicant must also
submit the completed Application for Special Study Sabbatical to Achieve Certification
(Attachment #4). Individuals awarded special study sabbaticals will be required to submit to
their Local Instructional Superintendent documented proof of enrollment in an appropriate
academic program at an accredited college or university. Documentation confirming that the
employee has registered for 16 credits or less must be submitted prior to the commencement
date of the sabbatical.
Other Provisions for Special Study Sabbaticals: Pursuant to the agreement, the following
shall apply:
An individual who receives this special sabbatical leave of absence for study will commit to
completing certification and will accept assignment to teach in the license area for a minimum
of two (2) years.
Special study sabbatical leaves are not subject to the five percent cap, but will count as used
sabbaticals in determining eligibility for any future sabbatical.
The substitute service creditable toward sabbatical leave eligibility (pursuant to paragraph 1,
section B, "Sabbatical Leaves" of the article of the applicable agreement governing leaves)
may be applied to a twelve month special sabbatical leave of absence for study. In addition,
such substitute service, if otherwise creditable toward sabbatical leave eligibility, shall not be
lost or diminished as a result of taking a six month special sabbatical leave of absence for
study.
Tuition Forgiveness:
The Department of Education is reviewing funding sources for
possible future tuition reimbursement. Should funds become available, it is anticipated that
priority would be given to applicants in shortage area licenses.
Regional Operation Centers Responsibility in the Special Study Sabbatical Process:
Local Instructional Superintendents will be required to accept applications and review college
or SED documentation submitted to confirm that the applicant has met all requirements except
16 academic credits or less. Local Instructional Superintendents also will be required to
confirm that the applicant is seeking to achieve certification in his or her current assignment
area (other than the license area in which the applicant is regularly appointed)
Division of Human Resources Responsibility in the Special Sabbatical Process: The
Division of Human Resources (DHR) will check applicants' service records to determine if they
possess sufficient time to be eligible for sabbatical. DHR also will review the overall
application to confirm eligibility (for example, to determine whether all coursework is job
related) and approve or deny the application.
E.
EDUCATIONAL RESEARCH PROJECT
For either a six month or twelve month sabbatical for independent research, the employee
must prepare and complete a research project in education that must be job-related.
The applicant must attach to each copy of the application a copy of the proposed scope and
subject of the research project, along with a proposed outline of procedures that will be
followed and activities undertaken toward completion of the project. The approval of the Local
62
Instructional Superintendent attesting in writing that the research project is educationally

sound and job-related must be included with the application.
The employee must file a copy of the completed product of the research (e.g., research paper,
book, film/video production, etc.) with the Local Instructional Superintendent who approved
the sabbatical leave application.
F.
HEALTH SABBATICAL LEAVES OF LESS THAN SIX MONTHS IN DURATION

Special sabbatical leaves for restoration of health may be taken for a period of at least
one month but less than six months under the following circumstances:
1.
The applicant must meet all the eligibility criteria for a six-month sabbatical for
restoration of health.
2.
The applicant has exhausted his/her cumulative absence reserve (C.A.R.).
3.
The School Medical Director will determine when the applicant is fit to return to
duty. The superintendent will return the applicant to his/her assignment in the
school as soon as possible, but in no event later than the beginning of the next
marking period following the date of return determined by the School Medical
Director, unless there is a valid educational reason for a different assignment in
the school.
4.
The applicant will be deemed to have exhausted years of service for sabbatical
eligibility based upon the following formula:
Calendar Days of Leave X 7 Years
180
Example: A pedagogue has applied for a health sabbatical to cover absences
for a period of 60 calendar days.
60 X 7 = 420 420 divided by 180 = 2.33
This number represents 2.33 exhausted years of service for sabbatical
eligibility.
5.
G.
These special sabbatical leaves for health of less than six months shall fall
within the 5% quota for all sabbaticals.
RETURN FROM SABBATICAL LEAVE PROVISIONS
Effective for sabbaticals ending anytime after July 31, 1995 and dependent upon the nature of
the sabbatical leave granted, upon completion of the leave, the individual must satisfy one of
the following commitments, or be liable for repayment of the salary for the sabbatical period to
the Department of Education:
After completion of a full year sabbatical leave, employees must return and perform a
minimum of two years of service in the New York City public school system.
After completion of sabbaticals of six months or less, employees must return and perform a
minimum of one year of service in the New York City public school system.
An individual who receives the special sabbatical leave of absence for study will commit to
completing certification requirements and will accept assignment to teach in the license area
for a minimum of two (2) years.
63
If an employee is unable to return from a sabbatical or is unable to complete the applicable

service requirement upon return from a sabbatical due to a medical incapacity which has
developed since the commencement of the sabbatical, such employee shall receive a
hardship exception to this return provision. Such hardships shall be reviewed and approved
by the Departments Medical Division on a case-by-case basis.
H.
WAIVER OF RETURN FROM SABBATICAL PROVISION
The provisions and obligations covering returns from sabbatical leave enumerated in this
circular for Teachers (Section H) may be waived provided there are significant prolonged
medical reasons preventing an individual from returning to work. Requests for such a waiver
must be made in writing and accompanied by recent medical documentation and/or reports.
They should be submitted to:
Medical Bureau
Attention: Waiver of Sabbatical Return
65 Court Street- Room 201
I.
FILING INSTRUCTIONS
Applicants requesting a sabbatical leave of absence for Restoration of Health or Study must
complete APPLICATION FOR UFT SABBATICAL LEAVE OF ABSENCE (Attachment #3).
Please have each applicant sign and date the applicant's statement (Attachment #6),
dependent upon the purpose(s) of the sabbatical leave. One copy should be retained at the
school and the original signed statement should be attached to the sabbatical application
before being forwarded to the Office of the Local Instructional Superintendent. As noted
above, all Restoration of Health Sabbatical requests must include the Confidential Medical
Report (OP-407) completed by the attending physician and sent directly to the Medical
Bureau.
INTERMEDIATE SCHOOLS, JUNIOR HIGH SCHOOLS, AND HIGH SCHOOLS SHOULD
NOTE THE FOLLOWING FILING INSTRUCTIONS:
High School principals are requested to complete the UFT Sabbatical Application Review
Form for High Schools (Attachment #1) providing all applicant information required, based
upon their review of the applications received.
Intermediate Schools and Junior High School principals are requested to complete the UFT
Sabbatical Application Review Form for Intermediate and Junior High Schools (Attachment
#2), providing a summary of all applicant information for eligible pedagogues under their
jurisdiction, based upon their review of the applications received.
N.B.: School Based Support Team Staff in the high schools, intermediate schools and junior
high schools (e.g., School Psychologists, Social Workers, etc.) are to be listed separately from
the regular staff on the UFT Sabbatical Application Review Form.
HIGH SCHOOLS, INTERMEDIATE SCHOOLS AND JUNIOR HIGH SCHOOLS SHOULD
FORWARD COMPLETED APPLICATIONS AS FOLLOWS:
The original applications and applicants' statements from your school, and one set of
copies, along with the signed and completed UFT Sabbatical Application Review Form
for High Schools (Attachment #1) and for Intermediate and Junior High Schools
64
(Attachment #2), should be returned by the deadline date shown above to the office of
the schools Local Instructional Superintendent in the Regional Operation Center. The
applications reviewed and approved by the respective regions Local Instructional
Superintendent will be forwarded to the Division of Human Resources.
Office of Field Services and Information
65 Court Street - Room 811
J.
CALCULATION OF 5% CAP ON SABBATICALS

Each Local Instructional Superintendent with the assistance of his/her regions
Personnel Manager must review all applications for compliance with the contractual
5% sabbatical cap. Please complete the appropriate Sabbatical Application Review
Form and return it along with all sabbatical applications and applicants' statements that
are being submitted. Applications should be included for those persons filing whose
applications exceed the percent of sabbaticals permitted.
To determine the total number of appointed staff to be utilized in calculating the 5%
cap, please include all active regularly appointed non-supervisory pedagogues,
including those currently on paid leaves of absence. School Secretaries, Laboratory
Specialists and Technicians appointed on or after July 1, 1985 are not included in the
total number of staff for this purpose.
The sabbatical cap for Teachers of Speech Improvement is to be computed by using
the total number of Teachers of Speech Improvement in each high school/district for
intermediate and junior high schools.
K.
HARDSHIP PROVISION
Where the granting of a sabbatical leave would cause a hardship in accordance with
the Arbitration Decision, please forward the application with a covering letter explaining
the hardship.
L.
INQUIRIES
Please inform all applicants that any questions regarding these procedures should be directed
to the Regional Personnel Managers in the Regional Operations Center.
Sabbatical Waiver
A teacher on a study sabbatical who wishes to work while on sabbatical must get written
permission from the Division of Human Resources, Office of Field Services, Staffing and
Information, Staffing and Information.
An individual seeking a sabbatical waiver must submit a typewritten letter that includes the
following information:
1.
2.
3.
4.
5.
Name
Home Address, City, State and Zip Code
Phone number
Department of Education title and work location
Social Security Number and File Number
65
6.
7.
8.
9.
10.
11.
12.
Length of Sabbatical: From_____________________to______________________

Name of College which the individual will attend on the study sabbatical
Total number of credits for which the individual is (or will be) enrolled
Name of agency or organization by which the individual will be employed
Job Title
Hours and days of employment
Proof of the individuals activity in this employment for the past three years (i.e. Tax
returns (private business) or letter from employer (on letterhead indicating three years
prior employment and hours worked).
Proof should indicate that during the sabbatical, the teacher is working the same or fewer
hours than when that teacher was not on sabbatical.
All requests of sabbatical waivers must be sent to:
NYC Department of Education
Attention: Denise J. Hallett
Performing Work for the Department of Education:
If a teacher wishes to work for the Department of Education while on a study sabbatical, s/he
must obtain a letter from the Department of Education office, division, school, etc., that wishes
to hire her/him. The letter must state that the Department of Education office cannot fill the
position with a qualified Department of Education employee who is not on sabbatical. The
letter must also state the number of hours the teacher will work if granted the waiver. Note: A
teacher who is granted a wavier to work while on a study sabbatical may not perform
Department of Education work during regular DOE work hours.
In order to process a letter of request for sabbatical waiver, all required information must be
included.
Approval
If a sabbatical waiver is approved, the applicant will receive written notification, including an
instruction sheet which must be signed, notarized and returned to the:
NYC Department of Education
Attention: Denise J. Hallett
Disapproval
If a sabbatical waiver is disapproved, the applicant will receive written notification.
Return From Leave or Sabbatical
Return from Leave: A teacher returning from a leave without pay must complete a
Resumption of Service form (OP255) which may be obtained from the school payroll
secretary.
66
Return from Sabbatical:

Sabbaticals returns are automatically generated in the
Departments Employee Information System (E.I.S.)
A teacher returning from sabbatical for six months must work for at least one year in
the NYC public schools.
A teacher returning from a sabbatical for one year must work at least two years in the
NYC public schools.
Reinstatement
There are three categories of reinstatement.
GH A teacher or other pedagogic employee who is tenured and is returning within

five years of her/his resignation and has met her/his licensing requirements, have
the option either to be placed in a teaching assignment by the Department of
Education or may choose to find her/his own position. Such individuals do not serve
probation.
HH A teacher or other pedagogic employee who is not tenured is returning within

five years of her/his resignation and has met all licensing requirements is expected
to find her/his own teaching assignment and must serve three years probation.
HT- A teacher or other pedagogic employee who is returning to service after five
years of resignation and has met her/his license requirements must serve two years
probation. Such individuals must find their own teaching assignments.
Teachers seeking reinstatement to an elementary or junior high school must submit a

letter of request from the schools principal which must be approved by the district/Operations
Center Personnel Manager. Teachers seeking reinstatement to a high school must submit
a letter of request from the schools principal.
Teachers being reinstated will receive their seniority and salary steps at the same level they
were on at the time of their resignation in accordance with Chancellors Regulation-C205.
Teacher must work at least one whole school year to be eligible for reinstatement. They must
meet all the necessary license requirements as well.
Excessing
Employee Profile (Master History Record)
The Human Resource System maintains a regularly updated service history for each teacher
in an Employee Profile. The Employee Profile contains summary data: the teachers license(s)
and a chronological listing of the teachers service (license area taught, dates of service,
status during various teaching assignments.) The profile reflects the information in the Human
Resource System that is used to calculate excessing and layoff seniority.
A teacher wishing to check her/his Employee Profile for accuracy, may access the profile
through the ATS system. If a teacher finds a discrepancy in her/his Employee Profile, inquires
should be directed to the Division of Human Resources, Office of Field Services, Staffing and
Information, 65 Court Street-Room 811, Brooklyn, New York 11201. The school secretary is
expected to provide the teacher with either the Excessing Data Review Request form or the
Layoff Data Review Request form as applicable.
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Excessing Condition
An excessing condition occurs when a position is eliminated or when the hours are reduced
below 15 hours per week. Excessing Seniority Lists are issued in June and in December or
January by the Division of Human Resources. The services used to create an Excessing
Seniority List are:
Current appointed service in a license

Regular substitute service in the same license area immediately prior to appointment
Leave of absence for which salary credit is granted.
Thus, seniority is ranked within license and is based on the number of years, terms, months,
and days of service an individual has in a regular license and all regular substitute service in
the same license prior to her/his regular appointment. If a teacher has been granted salary
credit for time while on leave of absence, that is also considered.
Before the rules for involuntary excessing are applied, the senior teacher within a license
who volunteers will be excessed from a school to a vacancy within the same district or, in the
case of high schools, within the jurisdiction of the responsible high school superintendent. If
no senior teacher volunteers, the excessing rules outlined in Section 17: Retention, Excessing
and Layoff of the collective bargaining agreement between the Department of Education and
the United Federation of Teachers apply. The contract may be downloaded from www.uft.org
Involuntary Excessing
Within the school, district or other organizational unit, the teacher with the least seniority within
a license will be the first to be excessed. Probationers will be excessed before those who
have completed probation. (For purposes of excessing, elementary school teachers of
common branches and early childhood are grouped together, and elementary school teachers
of common branches (bilingual) and early childhood (bilingual) are grouped together
according to language.) Please see Article 17 of the UFT contract for additional specific
excessing rules.
Checking Teacher Status
Excessing Seniority Lists include only regularly appointed pedagogues. (Acting and appointed
supervisors and substitute teachers are not included.)
Posting the Excessing List
The Excessing List should be made available in an accessible location in the school to allow
all staff members the opportunity to review the list. If a teacher questions the accuracy of
the her/his status on the list, s/he must be provided with an Excessing Data Review
Request Form to be completed and forwarded to the Office of Field Services, Staffing and
Information at the Division of Human Resources.
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Collective Bargaining Agreement between the

New York City Department of Education and the United Federation of Teachers
ARTICLE SEVENTEEN: RETENTION, EXCESSING AND LAYOFF
A. Retention of Assignment--Regular Substitutes
1. A regular substitute who, upon completion of one year of service in a school, has been
notified in writing by the principal that he will be reassigned in that school for the following
school year shall be as signed for the following school year to a regular substitute opening in
that school unless the opening has ceased to exist. In the event that the opening has ceased
to exist, the substitute shall be given at least fourteen (14) days notice prior to the beginning of
the following school year that the opening has ceased to exist and that he will not be
reassigned to the school. If such notice is not given and the substitute has not been assigned
to another school, the community or assistant superintendent in charge of the school will
provide the substitute with the opportunity during the first twenty (20) days of the following
school year to perform per diem service available in the district. The opportunity to perform
such service will be provided for a number of days, not to exceed ten (10), equal to the
difference between fourteen (14) days and the actual number of days notice given to the
substitute prior to the beginning of the school year.
2. Regular substitute teachers with more than one year of continuous satisfactory service in a
school shall have priority for retention in that school according to their length of service in the
school. If it becomes necessary to terminate the services of a regular substitute with more
than one year of continuous satisfactory service in a school by reason of appointment, or
return from leave or other absence of a regular teacher, or by reason of contraction in the
school organization, the regular substitute teacher with the least service in the school will be
the first to be released.
3. Where a CPT has been released because the position in the school has ceased to exist,
that CPT will have priority for assignment to an unencumbered vacancy in the district. If no
such position exists in the district, the Board will place the CPT in a position within the district
held by a PPT who has less than one year of continuous satisfactory service in any school
within the district. If no PPT in the district has less than one year of such service, the CPT will
be placed in an available position within the school system.
4. The seniority rules hereby established shall be applied on the basis of license held, except
that elementary school teachers of common branches and early childhood will be grouped
together and elementary school teachers of common branches (bilingual) and early childhood
(bilingual) according to language will be grouped together for these purposes.
5. Regular substitutes teaching out-of-license shall be given preference, on the basis of
seniority in the school, over outside applicants for any position in license which becomes
available in the school at the beginning of the school year or the school term.
6. A regular substitute whose services must be terminated at any time before the last two
weeks of the term by reason of appointment, or return from leave or other absence of a
regular teacher, or by reason of contraction in the school organization shall be given ten (10)
school days notice of the termination and the reason therefore. If such notice is not given, the
community or assistant superintendent in charge of the school will provide the substitute with
an opportunity to perform per diem service available in the district or in a high school for a
number of days equal to the difference between ten (10) days and the actual number of days
notice given.
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7. Regular substitute teachers who have completed one term or more of service in a school
and who will not be rehired in that school for the following term shall be given five (5) days
notice before the end of the term that they will not be rehired.
8. Regular substitutes are to be given ten (10) school days notice of discharge, except in
cases of emergency.
B. Excessing Rules--Appointed Teachers
Before applying the Rules for involuntary excessing, the senior teacher within license
(including those whose seniority is determined by Rule 3, 3A, 3B, 3C, 3D, 3E, 3F, 3G or 3H)
who volunteers will be excessed from the school to a vacancy within the same district or, in
the case of high schools, within the jurisdiction of the responsible high school superintendent.
If no senior teacher volunteers, the following excessing rules shall be adhered to in all
divisions.
Rule 1. Within the school, district or other organizational unit, the teacher with the least
seniority within license will be the first to be excessed, and probationers will be excessed
before those who have completed probation; except that elementary school teachers of
common branches and early childhood will be grouped together and elementary school
teachers of common branches (bilingual) and early childhood (bilingual) according to
language will be grouped together for purposes of excessing.
Rule 1-A. To minimize excessing in elementary schools, a junior teacher of common branches
or early childhood who has a bilingual ancillary certificate may be retained in the school if no
senior teacher of common branches or early childhood has the qualifications to teach a bona
fide bilingual class. For this purpose, a bilingual class is one where the majority of students
are classified as limited English proficient (LEP) in accordance with the Chancellor's
regulations.
Rule 1-B. To minimize excessing, a junior teacher serving in a special education program
under a non-special education license who has met the qualifications set forth in Chancellor's
Regulation C-311 or C-312 may be retained in the school if no senior teacher in the same
license who meets the qualifications set forth therein volunteers to serve in the special
education program.
Rule 1-C. To minimize excessing, a junior teacher serving in a resource room may be retained
in the school if no senior teacher in the same license who meets the city-wide qualifications
volunteers to serve in the resource room.
Rule 2. In determining the seniority of a teacher for purpose of excessing, layoff seniority shall
apply.
Rule 2-A. A teacher whose seniority just prior to appointment was determined pursuant to
Rule 3, 3A, 3B, 3C, 3G or 3H to be in the same license as present regular appointment shall
be deemed to have completed probation in the license for purpose of these excessing rules
only.
Rule 3. Except as otherwise provided in Rule 3-H, where teachers of common branches are
serving in the junior high schools and intermediate schools and have taught most of their time
for three years in a subject area, they shall be considered for seniority purposes with licensed
probationary teachers of the subject in which they have taught for the most recent three years.
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Rule 3-A. Except as otherwise provided in Rule 3-H, where teachers have served under a
high school license in the junior high schools and intermediate schools for three years they
shall be considered for seniority purposes with licensed probationary junior high school
teachers in the subject area of their license.
Rule 3-B. Except as otherwise provided in Rules 3-C and 3-H, where secondary teachers are
serving in elementary schools and have served for three years in the school or for five years
at the elementary level, they shall be considered for seniority purposes with licensed
probationary teachers of common branches and early childhood.
Rule 3-C. Except as otherwise provided in Rule 3-H, where teachers have served for three
years in the elementary schools under a secondary school license for which there is an
elementary school license in the same subject area, they shall be considered for seniority
purposes with licensed probationary elementary school teachers in the subject area of their
license.
Rule 3-D. Teachers serving as Education Evaluators shall be considered for seniority
purposes with all other regularly licensed pedagogues in the Education Evaluator Program
("Program"), and the Education Evaluator with the least seniority will be the first to be
excessed; except that Education Evaluators who have served less than three years in the
Program will be excessed before those who have completed three years in the Program.
Rule 3-E. Teachers serving in Resource Rooms in the school shall be grouped for seniority
purposes and the Resource Room teacher with the least seniority will be the first to be
released from the Resource Room in the school; except that Resource Room teachers who
have served less than three years in Resource Rooms will be released before those who have
completed three years in Resource Rooms.
Rule 3-F. Where teachers are serving in special education programs for which any of several
licenses is appropriate, all regularly appointed teachers whose licenses are appropriate for the
Program (as set forth in Rule 9-D) shall be grouped together for purposes of excessing.
Where teachers are serving in a Program covered by this Rule 3-F under a Special Education
license which is inappropriate for the Program (as set forth in Rule 9-D) they shall be grouped
regardless of Program for purposes of excessing, and such out-of-license teachers shall be
excessed in reverse seniority order before any appropriately licensed teacher is excessed.
Where teachers are serving in a program covered by this Rule 3-F under non-Special
Education licenses and possess valid New York State certification in Special Education, they
shall be grouped together regardless of program and excessed in reverse seniority order
before any Special Education licensed teacher is excessed; and teachers serving under nonSpecial Education licenses, lacking valid New York State certification in Special Education,
shall be grouped together regardless of program and excessed in reverse seniority order
before any Special Education licensed teacher or any other non-Special Education licensed
teacher who possesses a valid New York State certification in Special Education is excessed.
Rule 3-G. These excessing rules will apply to the excessing of teachers from the non-public
school program, except that for purposes of excessing teachers from the corrective
mathematics component common branches and junior high school mathematics licenses shall
be grouped.
Rule 3-H. After October 1, 1987, teachers whose seniority on September 30, 1987 was
determined pursuant to former Rule 5, 5A, 5B or 5C to be in a particular license shall be
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deemed to have completed probation in that particular license for purposes of excessing
hereunder.
Rule 3-I. Teachers serving pursuant to an academic license where few opportunities exist for
a full program in the license area will be considered for seniority purposes along with licensed
teachers of the subject in which they have taught for the most recent three years.
A list of license areas subject to excessing under this Rule will be made jointly by the Board
and the Union, who will review the listed licenses every two years. Should the parties agree
that opportunities for a full program in any listed license are sufficient, it will be removed from
the list, and this excessing Rule will no longer apply to holders of the license.
Rule 4. Teachers in excess in a school unit or district office under the jurisdiction of a
community board must be placed in vacancies within the district to the fullest degree possible.
For school units, districts, or other organizational units under the jurisdiction of the central
board, teachers in excess must be placed in appropriate vacancies within the district or central
office.
Rule 5. To minimize movement of personnel, excessed teachers shall be assigned within the
district to appropriate openings or vacancies. If there are no openings or vacancies in the
district, the teacher with the least seniority in license shall be the first to be excessed from the
district.
Rule 6. The central board has the responsibility for placing teachers who are excessed from a
school or community district office and cannot be accommodated by their own district, within
budgetary limitations and if vacancies exist within the City. Where possible, the wishes of the
teacher will be taken into account in his placement by the central board. If no vacancy or
opening exists, Section D of this Article shall apply.
Rule 7. When a teaching position in central headquarters is abolished, the occupant of that
position is excessed, and he shall be granted the same rights for placement as a teacher who
is excessed from a community district.
Rule 8. A teacher who has been excessed to another school may request an opportunity to
return to the school from which he was excessed if within a year a vacancy should occur in
that school. Such a request will have priority over any other transfer or appointment to that
vacancy, and it shall be effectuated at the next reorganization of the school to which the
teacher is returning, except that should the vacancy occur within ten school days after the
teacher is excessed, he shall be informed of the vacancy and he may return to the school
immediately. The opportunity to return of a teacher released or excessed from a Resource
Room is to a Resource Room vacancy in the school from which the teacher was released or
excessed.
Rule 9. A teacher under the jurisdiction of the Division of Special Education who is excessed
from an elementary or junior high school shall be placed within license in a vacancy under the
jurisdiction of the central board located within the community school district. If no such
vacancy in his license exists in the community school district, the teacher will be placed in an
appropriate vacancy within the City. When possible the wishes of the teacher will be taken into
account in his placement by the central board. If no vacancy or opening exists, Section D of
this Article shall apply.
The term "within license'' shall include Programs for which the license is appropriate as set
forth in Rule 9-D.
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Rule 9-A. If an excessing situation exists in the Education Evaluator Program within the
boundaries of the community school district, the Education Evaluator in the district with the
least seniority, determined pursuant to Rule 3-D, will be the first to be excessed from the
district to an Education Evaluator vacancy within the Special Education Region. If there is no
Education Evaluator vacancy within the Special Education Region, the Education Evaluator in
the Special Education Region with the least seniority will be excessed from the Education
Evaluator Program in the Special Education Region. If an excessing situation exists in the
Education Evaluator Program within the jurisdiction of the responsible high school
superintendent, the Education Evaluator with the least seniority determined pursuant to Rule
3-D will be the first to be excessed from the Education Evaluator Program within such
jurisdiction to a vacancy in the High School Division. If no vacancy exists, the least senior
Education Evaluator in the High School Division will be excessed. Education Evaluators
excessed from the High School Division or excessed from the Special Education Region may
be assigned to an unencumbered vacancy in the Education Evaluator Program, or to a
position in license in accordance with the applicable excessing rules, at the option of the
employee.
An involuntarily excessed Education Evaluator, on application shall have the right to return to
the position from which excessed if the vacancy recurs within a year. Such return shall be
exercised at the next reorganization.
An Education Evaluator who is excessed out of the Education Evaluator Program involuntarily
will have a one-time priority, which must be exercised within two years of the excessing, to be
returned to an unencumbered vacancy in the Education Evaluator Program before someone
who never served in the Program is employed. Such right to return shall be exercised at the
next reorganization, unless the superintendent agrees to release the teacher or counselor
from his/her non-education evaluator position.
Rule 9-B. If an excessing situation exists in the Resource Room Program in a school or unit
other than a high school, the Resource Room teacher in the school or unit with the least
seniority, determined pursuant to Rule 3-E will be the first to be excessed to a Resource
Room vacancy located within the boundaries of the community school district or at the option
of the teacher to a position in license in the school in accordance with seniority.
If an excessing situation exists in the Resource Room Program in a high school, the Resource
Room teacher in the high school with the least seniority, determined pursuant to Rule 3-E will
be the first to be excessed from the high school to a High School Resource Room vacancy
within the jurisdiction of the responsible high school assistant superintendent (high school
region) or at the option of the teacher to a position in license in the school in accordance with
seniority.
Rule 9-C. Notwithstanding any other Rule except Rule 10 governing excessing, teachers
serving in special education programs may remain in a school, district or region, under the
jurisdiction of the responsible superintendent as applicable, where they are subject to
excessing provided they are senior (under the applicable Rule) to another teacher in the
school, district or region.
Education Evaluators may only exercise their rights hereunder effective at the next school
reorganization.
Rule 9-D. The following is a list of Special Education licenses which are appropriate for the
following programs:
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LICENSE
CRMD
HEALTH CONSERVATION
DEAF/HARD OF HEARING
TEACHER OF BLIND VISUALLY LIMITED
HOMEBOUND
TEACHER OF SPEECH IMPROVEMENT
EH
TEACHER OF SPECIAL EDUCATION
PROGRAMS
Travel Training for the Handicapped
MIS I
MIS IV
MIS V
SIE I
SIE II
SIE V
SIE VI
Hospital Classes
MIS I
MIS II
MIS IV
SIE I
SIE IV
SIS II
MIS III
MIS VIII
SIE IX
SIE X
SIE XI
SIE XII
SIS III
MIS VI
MIS VII
SIE XII
Home Instruction
Speech Services
Speech and Language Therapy
Psychiatric Hospitals
MIS I
MIS II
MIS IV
SIE III
SIE VI
SIE VII
SIE VIII
MIS I
MIS II
MIS IV
MIS V
SIE I
SIE II
SIE III
SIE IV
SIE V
SIE VI
SIE VII
SIE VIII
and all other programs listed above for which the CRMD, HC or EH license is appropriate.
Rule 10. Teachers in all divisions who have served 20 years or longer on regular appointment
shall not be excessed except for those in neighboring schools who are excessed to staff a
newly organized school.
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Rule 11. Effective the beginning of the 1996-97 school year, excessees will be offered the
opportunity to apply to SBO schools or to be placed in a non-SBO school in the district or
superintendency. However, no regularly appointed teacher will be excessed from the district if
there is a vacant position or a position filled by a substitute for which the teacher is licensed in
any school in the district or superintendency. Priority for the placement of excessees shall be
given to schools in which more than 20% of the teaching staff is uncertified.
C. Appointment to New Program, License or Title
Teachers who are displaced by the establishment of a new program, license or title shall be
given an opportunity to present their qualifications and if found qualified shall be given
preference for appointment to such new program, license or title.
D. Layoff
1. If a city-wide excess condition causes a layoff of staff in any licensed position, applicable
provisions of law will be followed to determine the staff members to be laid off, without fault
and delinquency with the understanding that said member of staff is to be placed on a
preferred list for reinstatement to his former position.
2. Employees on layoff who may be placed on a preferred list in another license other than the
one in which they are laid off will be so placed.
E. Tipping*
Beginning the Spring term in 1992 education funds in the Mayor's Safe City/Safe Streets
Program will be utilized to eliminate tipping by establishing a dispute resolution program
staffed by teachers.
F. Job Security
Pursuant to and consistent with the terms of the Citywide Memorandum of Economic
Agreement for the Transitional Funding Program and the provisions of this Agreement, no
employee covered by this Agreement shall be displaced or involuntarily separated from
service except for cause or reason related to state civil service law (e.g., the movement of
appointment lists and/or requirement to hire certified teachers, if available).
However, this job security agreement specifically includes PPTs who have had one year of
satisfactory service and who, in their second year, have a demonstrable plan to complete
state certification requirements prior to the commencement of their third school year. This
clause will be applied with respect to PPT's on a district basis; however, where a vacancy
exists which cannot be filled by a regular appointee or CPT, any PPT who has been
involuntarily separated from service except for cause has a right of recall to the district in
accordance with seniority. Similar to all other CPTs, when they attain state certification the
foregoing PPTs are also covered by the job security clause.
The parties will engage in a redeployment program, subject to mutually agreeable goals and
in a mutually agreeable manner. The job security clause, which is effective immediately, shall
continue through June 30, 1998.
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Ending Service
Layoff
The Layoff Seniority List for teachers is issued annually in June by the Division of Human
Resources. To create the Layoff Seniority List, pedagogues are credited with the following:
All regularly appointed teaching service

All regular substitute teaching service
Each 85 days of per diem substitute service which is equal to one term of credit (86169 days = 1 term; 170 days= 2 terms)
Paraprofessional service (educational auxiliary titles only)
Time spent previously in layoff
Veterans credit
Blind status
Certificate of Competency service performed on an annual basis after basic license
was held
Layoff seniority does not include:
Per session service

Service performed in summer and/or evening programs
Substitute service performed during layoff time
Outside experience creditable toward longevity payments
Certificate of Competency service before basic license was held
Checking Teacher Status
Layoff Seniority Lists include only regularly appointed pedagogues. (Acting and
appointed supervisors and substitute teachers are not included.)
Posting the Layoff Seniority List

The Layoff Seniority List should be made available in an accessible location in the school
posted to allow all staff members the opportunity to review the list. For teachers who are
absent or on leave, their status should be forwarded to them.
If a teacher questions the accuracy of the her/his status on the list, s/he must be
provided with an Layoff Data Review Request Form to be completed and forwarded to the
Office of Field Services, Staffing and Information at the Division of Human Resources. The
city-wide Layoff Seniority Lists are maintained at the Division of Human Resources.
Retirement
Teachers Retirement System
Appointed teachers and pedagogues in the New York City public schools become TRS
members as of their appointment date. TRS membership is mandatory. Payroll deductions
representing 3% member contributions begin automatically. However, upon appointment a
teacher or other pedagogue must submit a completed application to TRS. Enrollment forms
may be downloaded from the TRS website www.trs.nyc.ny.us The instructions for completing
the TRS Enrollment Application specifies all the documentation and related forms that must be
submitted.
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Termination Pay
Teachers may resign or retire from their positions with the Department of Education or may be
terminated by the Department. Termination pay is based on one-half the number of days
remaining in the cumulative absence reserve (CAR.) The maximum number of days allowed in
an individuals CAR is 200 days. A teacher can be paid up to a maximum of 100 days.
If the resignation or retirement becomes effective at any time other than at the end of a school
year, sick leave for the period of services during that school year shall be paid at the rate of
one day for each two full months service. (See Article16A,17,18 and 19 of the Agreement
between Department of Education and U.F.T covering Teachers, October 16,1995
November 15,2000. Substantially identical provisions appear in other agreements with U.F.T.
and C.S.A.)
A teacher who has retired, resigned or has been terminated must complete an OP44 and
return it to her/his payroll secretary who enters all applicable data as indicated and submits
the OP44 to the appropriate supervisor.
In addition, A Final Entitlement form (OP44) to obtain CAR days must be completed (within 6
years of resignation, retirement or termination) by the employees timekeeper/payroll secretary
and approved by his/her supervisor. This will assist payroll staff in determining if there is
money owed to the employee or money owed to the Department of Education. Payments may
not be made until this form has been submitted.
The OP44 and the Final Entitlement form should be sent to:
New York City Board Of Education
Division of Business and Administration
Bureau of Pedagogical Payroll
65 Court Street 14th floor
For further information about retirement, teachers can contact the Teachers Retirement
System (TRS) of the City of New York, 55 Water Street, New York, New York 10041 or log
onto the TRS website at www.trs.nyc.ny.us
Employment of Retirees from New York City and New York State Agencies as
Pedagogical Employees
Waivers
The following information regarding waivers appeared in Personnel Memorandum No. 16
2003-2004 issued on May 6, 2003.
All pedagogical employees of the Department of Education who are retired from another City
agency, a New York State agency or the Department of Education itself must advise their
retirement systems of their employment. Such retirees may be employed if they file a
Certification of Employment under Section 212 of the Retirement and Social Security
Law, obtain a waiver in accordance with Section 211 of Article 7 of the Retirement and
Social Security Law or waive their pensions.
For information concerning retirees who are employed in administrative (nonpedagogical) positions, please see Personnel Memorandum No. 6, 2000-2001.
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SECTION 212 - CERTIFICATION OF EMPLOYMENT

This section applies if total earnings are below the allowable annual limit.
Retiree may be employed if:
Notification has been made to retirement system of employment
Section 212 of the Retirement and Social Security Law allows for the employment of City and
State retirees without diminution of their retirement allowances, provided that their earnings do
not exceed the established earnings limitation in a calendar year. (NOTE: The earnings
limitation for calendar year 2003 is $25,000. The 2004 limit will be conveyed as soon as it is
made available.) Retirees must file a Certification of Employment under Section 212 with their
retirement system in order to notify them that they are employed by the New York City Board
of Education. Retirees may obtain Certification of Employment under Section 212 forms from
their retirement system.
SECTION 211 - WAIVER
This section applies if total earnings exceed the allowable annual limit
Retiree eligibility:
Retiree must apply and be approved for Section 211 Waiver
Criteria for Employment of Retirees Covered by Section 211

Retirees who plan to earn in excess of the earnings limitation in a calendar year (January 1 December 31) may obtain waivers in accordance with Section 211 of Article 7 of the
Retirement and Social Security Law if the following circumstances exist:
1. The retired person is duly qualified, competent and physically fit for performance of the
duties of the position in which he/she is to be employed;
2. There is a need for his/her services in such position;
3. There are no qualified non-retired persons available to perform the duties of such
position through the normal recruitment process.
4. His/her employment is in the best interests of government service.
IMPORTANT NOTE: Detailed documentation regarding the recruitment process utilized to
staff the position must be maintained by the hiring district and at the location of the
assignment.
Special attention will be paid to circumstance #3. The granting of waivers for retirees who are
employed as pedagogues will be authorized in strict accordance with existing staffing
conditions, and only in actual shortage license areas or remaining vacancies that it has not
been possible to fill with a non-retiree. Important Note: The performance or individual
qualifications of retirees will not be sufficient to satisfy the above criteria.
Teachers' Retirement System members should review the attached Earnings After
Retirement for detailed information concerning their earnings limitation under a Section 211
Waiver.
NOTE: Retirees who exceed the annual earnings limitation prior to receiving approval of their
Section 211 Waiver should be made aware that waivers may be denied. The denial may
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result in the suspension of part or all of their retirement benefits for the period of their
employment by the Department of Education. Retirees who are not granted waivers should
contact their retirement systems regarding their options.
Exclusions from Application Process
Employees over the age of 65 are not required to submit 211 Waivers.
Retirees employed as consultants who joined their retirement system on or before May
31, 1973 do not have to apply for a 211 Waiver. The consultant employment of these
retirees will not affect pension benefits. Retirees employed as consultants who joined
their retirement system after May 31, 1973 should be made aware that they are
subject to the earnings limitation under Section 211 Law.
Application Process
The approval period for Section 211 Waivers has been expanded to encompass the entire
school year, September through June. Application for 211 Waivers must be made at the
beginning of each school year. NOTE: Allowable earnings are calculated on a calendar
year basis.
Filing Period and Authorization
All retirees who will be working or intend to work from September 1, 2002 through June 30,
2003 and who expect to exceed the earnings limitation during the calendar year of 2003
(January 1, 2003 through December 31, 2003) must file an application immediately.
Responsibility centers and retirees are advised that filing of an application does not constitute
an automatic authorization. Authorization may only be given by the Division of Human
Resources.
Approval of 211 Waivers for retirees will depend upon the prevalent staffing conditions. In
order to avoid any disruption to the retirees pension benefits, it is mandated that applications
for Section 211 Waivers be submitted to the Division of Human Resources prior to the
commencement of employment by the retiree.
Application by Pedagogical Employees
City and State retirees employed in pedagogical positions who will exceed the annual
earnings limitation can apply for a Section 211 Waiver utilizing the attached form, Request for
Waiver In Accordance With Section 211 of the Retirement and Social Security Law For
Pedagogical Employees. The application form has been revised for this application period.
The Division of Human Resources will accept and consider only those applications that
are complete and submitted using the attached form for calendar year 2002.
In Section II, the Principal/Supervisor must provide a statement indicating the reasons that it
is necessary to employ a retiree, and also indicate the proposed payroll status of the applicant
(Per Diem/Day-to-Day; Full-Time Regular Sub; F Status - Part-Time/Full-Time; Z
Status; Appointed; Per Session; Consultant).
Earnings Calculations of Retirees from the Teachers Retirement System (TRS)
The earnings limitation for TRS members under Section 211 is based on the difference
between the current salary of their pre-retirement title and their maximum retirement
allowance without options, rounded to the next higher multiple of $500. TRS members can
79
call 1 (888) 8-NYC-TRS[1 (888) 869-2877] for clarification of any questions regarding the
determination of the maximum earnings limitation.
TRS retirees should be aware that due to the possible ramifications resulting from
employment under two (2) different authorization types (i.e., Section 211 Waiver and 212
Certification of Employment) in a single calendar year, TRS strongly urges its retirees to
contact them at 1 (888) 8-NYC-TRS to discuss any possible earnings limitation before
commencing employment under the different waiver. TRS retirees should review the attached
Earnings After Retirement for more detailed information regarding this topic.
Determination of Elgibilty
In Section III of the waiver application, the Superintendent/Executive Director must indicate
approval of submission of the request and must also certify that there are no non-retirees
readily available for the position. Final determination of eligibility for waivers will be made by
the Division of Human Resources, which will review all applications for waivers for
pedagogical employees and determine if the employment of the retiree is in compliance with
the criteria established by law.
Waivers will be granted for the period stipulated and may be withdrawn if circumstances
warrant. The appropriate retirement system will be notified of all approvals and disapprovals
of waivers granted by the Division of Human Resources.
Employment Prior to Authorization
Responsibility centers have an obligation to inform retirees they are hiring that the Retirement
and Social Security Law affects their post-retirement earnings. Copies of this memorandum
should be distributed to affected employees as deemed necessary. It is crucial that
responsibility centers advise retirees of the potential impact of Section 211 Waivers prior to
commencement of their employment.
Re-application
Retirees who do not meet the requirements for approval of waivers at this time may re-apply
at the next filing period if their services are again requested. Waivers will be granted based
on the prevalent staffing conditions at that time. Once again, no retirees covered by the
provisions of this memorandum should be permitted to commence employment without the
required authorization.
Questions
Questions regarding earnings should be directed to your retirement system. Completed forms
and inquiries concerning application procedures for pedagogical employees should be
addressed to:
65 COURT STREET - ROOM 811
BROOKLYN, N.Y. 11201
(718) 935 - 2900
80

Teachers' Guide To Serving in The NYC Public Schools

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New York City

Office of Field Services, Staffing and Information

On-line Edition Updated December 2003

New York City Department of Education

On-line Edition Updated December 2003

THE NEW YORK CITY DEPARTMENT

Health Insurance and Blood Program

Health Care Coverage

Pedagogical Payroll Q-742 (Q Bank)

Leaves Without Pay

Leaves With Pay

Department of Education Policies

Rating Pedagogical Staff Members

Transfers for Pedagogues

Resignation and Reinstatement

Beginning Employment with the NYC Department of Education

File Number: A file number is issued by the Division of Human Resources to an

Regularly Appointed Teachers

The Transitional B Certificate is a New York State certificate issued to participants in

The Transitional E Certificate is a three year, non-renewable certificate that allows

The Internship Certificate is available only to individuals enrolled in a Graduate

A Conditional Provisional Certificate is issued by the New York State Education

Day-to-Day Substitute Teachers

Websites for Additional Information:

Information about Department of Education vacancies, incentive programs, the hiring

Information about the Department of Education, including a link to the Division of

Health Insurance and Blood Donor Program

Aetna Inc. HMO or Aetna GPOS

Types of required documentation required include:

If the spouse or domestic partner of a Department of Education employee covers the

Only applicants participating in the Waiver-Buy Out program sign Section I. In

Section J is to be completed by the Payroll Secretary/Timekeeper only.

Service with a Certificate of Competency without a basic license

Salary Code Suffix

Salary Step Placement for Teachers

Appointed teachers (sometimes referred to as regularly appointed)

Regardless of whether you are an appointed or non-appointed teacher, your prior

What It Means If You Fail to File: Loves Labors Lost

A minimum of one calendar year of non-teaching experience

Non-teaching experience must be in a position that is reasonably related to your

C6+PD = Bachelors Degree + Masters Degree +30

Filing Time Period

Last Date for On-Time Filing

World Educational Services, Inc.

Education Evaluators International

Evaluation Service, Inc.

Educational Records Evaluation Service

UFT Brooklyn Office

UFT Staten Island

Social Security (FICA) (depending on individuals status and 403B participation)

Questions regarding an other than mandatory deduction should be addressed to the

Municipal Credit Union

NYC Teachers Retirement System (TRS)

2. Provisional with certification in the shortage license area

Deaf and Hard of Hearing- monolingual and bilingual (Spanish only)

Top Section - Employee Identification Data

2. Center Section - Biographical Data

Center Section - Tax Data