3213 - Supervisors of attendance; attendance teachers; attendance officers; appointment, compensation, powers and duties.

§ 3213. Supervisors  of  attendance;  attendance  teachers; attendance  officers; appointment, compensation, powers and duties. 1.  Appointment,  removal, compensation and supervision. a. To the end that children shall  not  suffer  through  unnecessary failure to attend school for any cause  whatsoever, it shall be the duty of each  attendance  teacher  and  each  attendance supervisor to secure for every child his right to educational  opportunities   which   will   enable   him   to   develop  his  fullest  potentialities for education, physical, social and spiritual  growth  as  an   individual  and  to  provide  for  the  school  adjustment  of  any  nonattendant child  in  cooperation  with  school  authorities,  special  school services and community and social agencies.    The school authorities of each city school district, union free school  district,  central  school  district,  central  high school district, or  common school district whose limits include  in  whole  or  in  part  an  incorporated   village,  shall  appoint  and  may  remove  one  or  more  supervisors of attendance or attendance teachers  of  such  district.  A  supervisor of attendance shall be appointed in accordance with the civil  service law and rules, unless he or she is a licensed attendance teacher  or  a  teacher  licensed  to  teach in New York state, with such further  qualifications as the board of regents shall  establish.  On  and  after  July  first,  nineteen  hundred  fifty-five  no  full-time supervisor of  attendance shall be appointed unless  he  or  she  holds  a  license  as  attendance  teacher.  Such  supervisors  of attendance and those holding  full-time positions who are similarly  licensed  teachers  or  who  hold  attendance  teacher licenses shall be assigned to the step in the salary  schedule of the school district commensurate with the salary being  paid  such  supervisors  or teachers. Such persons shall be paid thereafter in  accordance with such schedule. If the amount of salary received on  said  July first, nineteen hundred fifty-five is less than the minimum step of  the salary schedule, such supervisor or teacher shall be paid until June  thirtieth,  nineteen hundred fifty-six at the rate of the first step and  in accordance with the schedule thereafter.    No supervisor of attendance or attendance teacher shall  be  appointed  who is not twenty-one years of age and in proper physical condition.    In the establishment of an eligible list advanced education related to  attendance  service  shall be taken into consideration in the grading of  the candidates. Experience in teaching, in social  service  and  welfare  work,  and  in  business  or in the professional field shall likewise be  taken into consideration.    Paragraph a of subdivision one of this section shall apply to  a  city  in  which attendance supervisors are appointed from an eligible list now  prepared by a board of examiners.    Supervisors of attendance in a city having a board of examiners  shall  be  licensed  as  attendance  teachers  only  when  they comply with the  regulations for such license  as  established  by  the  commissioner  of  education  and  any  additional requirements which may be established by  the board of examiners.    The board  of  education  shall  fix  the  compensation  of  part-time  supervisors  of  attendance  and prescribe their duties not inconsistent  with part one of this article and make rules  and  regulations  for  the  performance   thereof.   The   superintendent  of  schools  or  district  superintendent of schools shall supervise the enforcement of part one of  this article within such city or school district.    b. The town board of each town, with the approval, in writing, of  the  district  superintendent,  shall  appoint,  on or before August first of  each  year,  one  or  more  attendance  officers  and  shall  fix  their  compensation.  During  the  school  year it shall also fill promptly any  vacancy after notification thereof by the district  superintendent.  Thedistrict  superintendent  shall  promptly  notify  the town board of his  approval or disapproval of an appointment. If within one  month  a  town  board  shall  not  comply  with  the  foregoing provisions, the district  superintendent,  subject  to  appeal  to  the commissioner of education,  shall exercise the powers and duties of  the  town  board  with  respect  thereto.   An  attendance  officer  appointed  for  a  town  shall  have  jurisdiction over all  school  districts  of  the  town  which  are  not  otherwise  provided  for  by  this section. He shall be removable at the  pleasure of  the  district  superintendent.  His  compensation  and  his  necessary  expenses  in  attending  conferences  called  by the district  superintendent shall be a town charge.    c. In case a school district shall include territory lying within  the  boundaries  of  more  than one town, the attendance officer appointed by  the town in which the schoolhouse is  located  shall  have  jurisdiction  over the entire school district.    2.   Powers  and  duties.  a.  Arrest  of  truants.  A  supervisor  of  attendance, attendance teacher or attendance officer, as  the  case  may  be,  may  arrest without warrant any minor who is unlawfully absent from  attendance upon instruction. He  shall  forthwith  place  the  minor  so  arrested  in  attendance  upon required instruction and shall notify the  parent or guardian of the minor, and he may then begin  proceedings  for  his  commitment  as  a  school  delinquent or arraign him before a court  having jurisdiction. Where a minor resides in one  school  district  and  attends school in another school district, the supervisor of attendance,  attendance teacher or attendance officer of the district where the minor  resides   and  the  supervisor  of  attendance,  attendance  teacher  or  attendance officer of the district where said minor attends school shall  have concurrent jurisdiction with reference to said  minor  and  to  the  person or persons in parental relation to him.    b. Right of entry.    (1)  A  supervisor  of  attendance,  attendance  teacher or attendance  officer, as the case may be, in the performance of his duties, may enter  during business hours any factory, mercantile or other establishment, or  other place in which a minor is believed to be employed within the  city  or  school  district  in which he is appointed, and shall be entitled to  examine on demand the employment certificates or work permits of  minors  therein  employed,  for  whose  lawful  employment  such certificates or  permits are required by the provisions of part one of this article.    (2) He may also enter any public place during the hours in  which  the  public  have access thereto, to ascertain if any minor is therein who is  required to attend upon instruction by the provisions  of  part  one  of  this article, or engaged in a street trade contrary to the provisions of  part  one  of  this  article, or to collect information required for the  school census.    c. Notification upon absence. It shall be the  duty  of  every  school  district  to  inform  persons  in parental relation to elementary school  pupils of such person's right to be notified when such pupil  is  deemed  absent  from  attendance  at  his designated school. Persons in parental  relation to elementary school pupils  shall,  if  such  notification  is  desired,  forward  a  request in writing to the principal of the pupil's  designated school. Such request shall contain the  telephone  number  of  person or persons in parental relation to the pupil or other information  to  facilitate  communication  with  such  persons by the most expedient  means available. No civil or criminal liability shall arise or attach to  any school district or employee thereof for any act or omission  to  act  as  a  result  of,  or  in  connection  with,  the  duties or activities  authorized or directed by this paragraph.d. Notification  when  deemed  absent.  A  supervisor  of  attendance,  attendance  teacher,  attendance  officer, or other person authorized by  the school district, as the case may be,  shall,  where  a  request  for  notification  has been made pursuant to paragraph c of this subdivision,  notify  a  person in parental relation to any elementary school pupil by  the means designated in such request when such pupil  is  deemed  absent  from   required  attendance  at  his  designated  school  without  prior  notification and consent to such  absence  by  the  person  in  parental  relation.  No  civil  or criminal liability shall arise or attach to any  school district or employee thereof for any act or omission to act as  a  result of, or in connection with, the duties or activities authorized or  directed by this paragraph.    e.  To  the extent that supervisors of attendance, attendance teachers  and attendance officers act pursuant to this subdivision and subdivision  one of this section for the purpose of carrying out  the  provisions  of  part  one of this article, they shall be deemed to have acted within the  scope of their employment. Such personnel shall continue to have all the  powers, duties and responsibilities conferred on them by  law  prior  to  the date on which the provisions of this paragraph become effective.