3612 - Teachers of tomorrow teacher recruitment and retention program.

§  3612.  Teachers  of  tomorrow  teacher  recruitment  and  retention  program.  1. Definitions. a. The term "teacher shortage  area"  means  a  public school or subject area in which there was a shortage of certified  teachers  in  the previous school year and there is a projected shortage  in the current school year as determined by the commissioner.    b. The term "certified teacher" means a  teacher  who  holds  a  state  teaching certificate appropriate to the teaching position, including the  subject area if applicable, in which he or she is to be employed.    c.  The  term  "school  district"  shall  mean  a  common, union free,  central, central high school, or city school district.    d. The term "board of education" shall mean the governing board of any  public school or public school district defined in paragraph c  of  this  subdivision.    e. The term "low performing school" shall mean a school building which  is   under   registration   review   or  a  school  building  performing  significantly below state standards as defined by the commissioner.    f. The term "year of service" shall  mean  ten  months  of  continuous  full-time service as a teacher during a school year, generally occurring  between September first and June thirtieth.    2.  Application  and  funding.  a.  Grants  shall  be  made  to school  districts  for  teacher   recruitment,   retention   and   certification  activities  necessary  to  increase  the supply of qualified teachers in  school districts experiencing a  teacher  shortage  in  accordance  with  subdivisions  three,  four, five, seven and eight of this section and in  school  districts  containing  a  low-performing  school   pursuant   to  subdivision six of this section.    b. Such grants shall be awarded to school districts, within the limits  of funds appropriated therefor, through a competitive process that takes  into  consideration  the  magnitude  of  any shortage of teachers in the  school district, the number of teachers employed in the school  district  who hold temporary licenses to teach in the public schools of the state,  the  number of provisionally certified teachers, the fiscal capacity and  geographic sparsity of the district, the  number  of  new  teachers  the  school district intends to hire in the coming school year and the number  of summer in the city student internships proposed by an eligible school  district,  if applicable. Grants provided pursuant to this section shall  be  used  only  for   the   purposes   enumerated   in   this   section.  Notwithstanding  any  other  provision  of  law  to the contrary, a city  school district in a city having a population of  one  million  or  more  inhabitants  receiving  a grant pursuant to this section may use no more  than eighty percent of such grant funds for any  recruitment,  retention  and  certification  costs  associated with transitional certification of  teacher candidates for the school years two thousand  one--two  thousand  two through two thousand nine--two thousand ten.    c. Not more than sixty percent of the funds allocated pursuant to this  section  shall be made available to any one school district and provided  further that a city school district in a city with populations in excess  of one million inhabitants may, notwithstanding any other  provision  of  this  section, allocate a portion of the grant received pursuant to this  section for teacher recruitment and outreach  activities  provided  that  any allocation for teacher recruitment and outreach activities shall not  exceed two hundred twenty-five thousand dollars.    d.  In  allocating  grants pursuant to this section, a school district  shall give priority in the following order:    (1) first, to a school under registration review that is designated as  a teacher shortage area;    (2)  second,  to  any  school  performing  significantly  below  state  standards as defined by the commissioner; and(3)  third,  to  any  school  that is designated as a teacher shortage  area.    e.  Any  school  district  receiving  funds  under  this section shall  maintain any local effort in the current year equivalent to such  effort  in  the  base  year  for any local program related to the recruitment or  retention of teachers or any program that has purposes that are  similar  to  any  purpose  of  this section or the district shall provide a local  match to state funds received pursuant  to  this  section.  State  funds  provided pursuant to this section shall not supplant local funds for any  purpose similar to the purposes of this section.    f.  Applications  by  a  school  district for funding pursuant to this  section shall be filed with the commissioner, in a  form  determined  by  the  commissioner,  by  June first of the base year and school districts  shall be notified of their grant award by June  thirtieth  of  the  base  year,  provided that in any year such application and award dates may be  modified by the commissioner for the reasonable  administration  of  the  program.  Such  application  shall include a plan by the school district  for the expenditure of the funds in each category of allowable  expenses  authorized  by  subdivisions  three, four, five, six, seven and eight of  this section, and such expenditures shall be consistent with  such  plan  and the provisions of this section.    g.  A  person  receiving  an award pursuant to any subdivision of this  section shall not be  eligible  for  an  award  pursuant  to  any  other  subdivision of this section in a school year.    3.   Teachers  of  tomorrow  teacher  recruitment  incentive  program.  Teachers  of  tomorrow  teacher  recruitment  incentive  awards  may  be  available  to teachers pursuant to the provisions of this subdivision to  attract teachers to employment in teacher shortage areas.    a.  Eligibility.  To  be  eligible  for  an  award  pursuant  to  this  subdivision, an applicant shall:    (1) have initial, provisional, permanent or professional certification  to teach in New York state;    (2)  agree to a service obligation of one year of service in a teacher  shortage area as a condition of receiving  an  award  pursuant  to  this  subdivision; and    (3)  be  employed  for  the  first  time  as  a  teacher in the school  district.    b. Application  and  selection.  (1)  The  board  of  education  shall  determine  the  form  of the application and the application process for  teachers deemed eligible for the award,  and  shall  in  its  discretion  select  the  number  of  eligible  applicants  who will receive an award  pursuant to this subdivision.    (2) If the number of eligible applicants exceeds the number of  awards  determined  by  the  board  pursuant  to this subdivision then the board  shall  use  an  objective  competitive  process  based  on   educational  qualifications  to  determine  which  eligible  applicants shall receive  awards.    c. Payment of awards. (1) Annual awards from  state  and  local  funds  provided for this purpose shall be paid by the board of education to the  award  recipient.  Award  recipients shall be entitled to receive awards  pursuant to the provisions of this subdivision and such awards shall  be  in addition to and not part of any award recipient's base salary.    (2)  The  initial  annual  award  shall be three thousand four hundred  dollars, and such initial award may be renewable each year,  for  up  to  three  additional  years, provided that the recipient agrees to one year  of service as a full-time teacher in a teacher shortage  area  for  each  year  of  a  renewed  award and has provided satisfactory service in any  prior year in which an initial or  renewed  award  was  granted  to  therecipient.  No  awards  shall  be  made for less than one school year of  service and the sum of any initial and renewed awards shall  not  exceed  thirteen thousand six hundred dollars.    Awards  made  pursuant  to this subdivision shall be used to reimburse  any educational costs, including those for which student loans may  have  been  taken, incurred by the recipient prior to receipt of the award for  certification as a teacher in the public schools of the state.    (3) The board of education shall develop and  secure  from  the  award  recipient  a  written  agreement  outlining the service obligation. Such  agreement shall include provisions for the recipient to repay the amount  of the award to the school district if the recipient fails  to  complete  their  service  obligation in any year where an initial or renewed award  is granted, and such repaid amounts shall be  deducted  from  any  grant  amounts  due  to  the  district from the state pursuant to this section.  Upon a written appeal by an award recipient, the board of education,  in  its  discretion,  may  provide  a  waiver of repayment provisions for an  award recipient who fails to complete his or her service requirement for  documented reasons of health or other severe hardship, as determined  by  the commissioner.    d.  Notification.  The board of education shall notify both successful  and unsuccessful applicants by September first of any  school  year  for  which  an  initial  or renewed award is provided to teachers pursuant to  this subdivision.    4. Teachers of tomorrow certification stipends. Teachers  of  tomorrow  certification stipends may be available to eligible teachers pursuant to  this  subdivision  for  the purpose of providing additional training and  education required for the applicants to obtain initial  or  provisional  certification. Such additional training and education may be held during  the summer or during any other season or time of the year.    a.  Eligibility.  To  be  eligible  for  an  award  pursuant  to  this  subdivision, an applicant shall:    (1) provide proof that he or she has received a temporary  license  to  teach from the commissioner and at the time of application does not hold  any  initial,  provisional,  permanent  or professional certification to  teach in the public schools of the state; and    (2) agree to a service obligation of one year of service in a  teacher  shortage  area  as  a  condition for receiving an award pursuant to this  subdivision.    b. Application  and  selection.  (1)  The  board  of  education  shall  determine  the  form  of the application and the application process for  teachers deemed eligible for the award,  and  shall  in  its  discretion  select  the  number  of  eligible  applicants  who will receive an award  pursuant to this subdivision.    (2) If the number of eligible applicants exceeds the number of  awards  determined  by  the  board  pursuant  to this subdivision then the board  shall  use  an  objective  competitive  process  based  on   educational  qualifications  to  determine  which  eligible  applicants shall receive  awards.    c. Payment of awards. (1) Annual awards from  state  and  local  funds  provided for this purpose shall be paid by the board of education to the  award  recipient.  No  award  shall  be  made  for less than one year of  service.    (2) Allowable expenses. Awards may be used for the payment of expenses  incurred by the recipient for the following purposes:    (i) tuition charged for test preparation workshops intended to prepare  recipients to pass teacher certification exams required for  initial  or  provisional  teacher certification, which shall be provided by the boardof education either through a contract for such services or by providing  such services through employees of the board of education; and    (ii)  tuition  charged  for any additional coursework at an accredited  institution of higher education required of  the  recipient  to  receive  initial  or  provisional  teacher  certification,  as  determined by the  commissioner.    (3) Certification  stipends  of  two  thousand  dollars  each  may  be  provided pursuant to this subdivision to award recipients. Fifty percent  of  each  award amount shall be payable from state funds provided to the  school district pursuant to this section and the remaining fifty percent  shall be payable by  the  board  of  education  from  other  sources  of  revenue,  provided  that if the board of education elects to provide the  services described in clause (i) of subparagraph two of  this  paragraph  then such remaining fifty percent share may be paid by the board through  in-kind direct services to the award recipient.    (i)  Awards  shall  be  paid  to  award  recipients  upon proof of the  recipient's expenditure  for  allowable  expenses  as  provided  for  in  clauses (i) and (ii) of subparagraph two of this paragraph.    (ii)  Such  awards  shall  be in an amount of two thousand dollars per  award or the actual expenses incurred by  the  recipient,  whichever  is  less.    (iii)  No person shall be eligible for more than one award pursuant to  this subdivision.    (4) The board of education shall develop and  secure  from  the  award  recipient  a  written  agreement  outlining the service obligation. Such  agreement shall include provisions for the recipient to repay the amount  of the award to the school district if the recipient fails  to  complete  their service obligation in any year where an award is granted, and such  repaid  amounts  shall  be  deducted  from  any grant amounts due to the  district from the state pursuant to this section. Upon a written  appeal  by  an  award  recipient, the board of education, in its discretion, may  provide a waiver of repayment provisions  for  an  award  recipient  who  fails  to complete his or her service requirement for documented reasons  of health or other severe hardship, as determined by the commissioner.    d. Notification. The board of education shall notify  both  successful  and  unsuccessful  applicants  by September first of any school year for  which an initial or renewed award is provided to  teachers  pursuant  to  this subdivision.    5.  Teachers  of  tomorrow summer in the city internship program. City  school districts in cities with populations in excess of one hundred and  twenty-five thousand inhabitants shall be eligible to apply for  funding  pursuant  to this section for summer in the city student internships for  the purpose of attracting prospective teachers to opportunities in urban  education.    a.  Eligibility.  To  be  eligible  for  an  award  pursuant  to  this  subdivision, a student shall:    (1)  have  completed  sixty  or  more  hours of credit bearing college  courses, be in good  academic  standing  as  determined  by  the  higher  education  institution  of  attendance,  have attended an accredited New  York state college or university full-time in the base year, be enrolled  in a registered program for the preparation of teachers at an accredited  New York state institution of  higher  education  or  have  indicated  a  desire  to  enter  the teaching profession, and are recommended by their  college or university to participate in the program.    (2) agree to  a  service  obligation  of  the  full  duration  of  the  internship program, as determined by the board of education.    b.  Application  and  selection.  (1)  Boards  of  education in school  districts that are eligible for funding pursuant to this  section  shalldevelop  and  distribute  an  application to the accredited colleges and  universities  of  the  state  which  have  approved  teacher   education  programs.  Such  application shall include at a minimum a description of  the program including:    (i)  the duration of the program which shall operate for at least five  or more weeks during the months of June through August generally;    (ii) the amount of any stipend for the program;    (iii) available housing for the program;    (iv) the training and professional development opportunities  afforded  to the student; and    (v)  the  amount of time the student will spend in direct contact with  children participating in educational activities.    (2) The board of education shall determine the application process for  students deemed eligible for the award,  and  shall  in  its  discretion  select  the  number  of  eligible  applicants  who will receive an award  pursuant to this subdivision.    (3) If the number of eligible applicants exceeds the number of  awards  determined  by  the  board  pursuant  to this subdivision then the board  shall  use  an  objective  competitive  process  based  on   educational  qualifications  to  determine  which  eligible  applicants shall receive  awards.    c. Payment of awards. (1) Annual awards from state funds provided  for  this  purpose  shall  be  paid  by  the  board of education to the award  recipient. No award shall be made for less  than  the  duration  of  the  program, as determined by the board of education. Nothing shall prohibit  a   board   of  education  from  allowing  an  eligible  applicant  from  participating in the program  more  than  once,  provided  the  eligible  applicant  provided satisfactory service in any prior year as determined  by the board of education.    (2) Allowable expenses. Districts may expend funds  pursuant  to  this  subdivision for:    (i) stipends of up to two thousand dollars per student;    (ii)  housing  for  a  portion  of  the  students participating in the  program, which shall include  provisions  for  the  students  to  pay  a  portion of the housing costs and to pay a refundable security deposit on  such housing;    (iii)  orientation,  training  and  professional  development  of  the  students participating in the program; and    (iv) other expenses appropriate to the operation of  the  program,  as  approved by the commissioner.    (3)  The  board  of  education shall develop and secure from the award  recipient a written agreement outlining  the  service  obligation.  Such  agreement shall include provisions for the recipient to repay the amount  of  any  stipend  provided  pursuant  to  this subdivision to the school  district if the recipient fails to complete their service obligation for  any year where an award is granted, and such  repaid  amounts  shall  be  deducted  from  any  grant  amounts  due  to the district from the state  pursuant to this section. Upon a written appeal by an  award  recipient,  the  board  of  education,  in  its  discretion, may provide a waiver of  repayment provisions for an award recipient who fails to complete his or  her service requirement for documented reasons of health or other severe  hardship, as determined by the commissioner.    d. Colleges and universities may provide credit for the summer in  the  city  program and may charge a fee for such credit or provide the credit  free of charge. Participation in the summer in the  city  program  shall  qualify  as  a  field  experience  for  purposes  of  any  graduation or  certification requirement.  Students  eligible  for  the  program  shallsubmit  their  application  to  the  board  of  education  by  the  date  determined by the board of education.    e.   Notification.  The  board  of  education  shall  inform  eligible  applicants of their selection for the program by a  date  determined  by  the board of education.    6.  New  York  state  master teacher program. a. New York state master  teacher awards may be available to teachers pursuant to  the  provisions  of  this  subdivision  to  attract highly qualified, experienced, expert  teachers to low performing schools.    b. The commissioner shall establish and maintain  a  list  of  persons  eligible   to  serve  as  master  teachers  for  the  purposes  of  this  subdivision.    c. School districts eligible to participate in this program are  those  districts  which contain a school building that has been designated as a  low performing school.    d. Such school districts, upon  notification  of  eligibility  by  the  commissioner,  may  apply for funding pursuant to this section to obtain  master teachers to serve in low performing school buildings.    e. Eligibility. A person shall  be  eligible  to  serve  as  a  master  teacher if he or she meets the following criteria:    (1)  he  or  she  has  received  national board certification from the  National Board for Professional Teaching Standards.    (2) he or she is to be employed full-time for the  school  year  by  a  public school designated as a low performing school.    (3) he or she agrees to a service obligation of three years of service  in  a  low performing school as a condition of receiving awards pursuant  to this subdivision.    f. Application  and  selection.  (1)  The  board  of  education  shall  determine  the  form  of the application and the application process for  teachers deemed eligible for the award,  and  shall  in  its  discretion  select  the  number  of  eligible  applicants  who will receive an award  pursuant to this subdivision.    (2) If the number of eligible applicants exceeds the number of  awards  determined  by  the  board  pursuant  to this subdivision then the board  shall  use  an  objective  competitive  process  based  on   educational  qualifications  to  determine  which  eligible  applicants shall receive  awards.    g. Payment of awards. (1) Annual awards from state funds provided  for  this  purpose  shall  be  paid  by  the  board of education to the award  recipient.    (2) The initial annual award shall be ten thousand dollars,  and  such  initial  annual  award  may  be  renewable each year, for two additional  years, provided that the recipient has provided satisfactory service  in  any  prior  year in which an initial or renewed annual award was granted  to the recipient and the recipient  continues  to  fulfill  his  or  her  service  obligation.  No  annual  awards shall be made for less than one  year of service and provided further that the sum  of  any  initial  and  renewed annual awards shall not exceed thirty thousand dollars.    (3)  The  board  of  education shall develop and secure from the award  recipient a written agreement outlining  the  service  obligation.  Such  agreement shall include provisions for the recipient to repay the amount  of  the  annual  award  to the school district if the recipient fails to  complete a year of service in any year where an initial or renewed award  is granted, and such repaid amounts shall be  deducted  from  any  grant  amounts  due  to  the  district from the state pursuant to this section.  Upon a written appeal by an award recipient, the board of education,  in  its  discretion,  may  provide  a  waiver of repayment provisions for an  award recipient who fails to complete his or her service requirement fordocumented reasons of health or other severe hardship, as determined  by  the commissioner.    h.  Each  board of education and particular master teacher shall agree  to a three-year term in an eligible  school  building  for  each  master  teacher  appointment  and  each master teacher shall be assigned partner  classroom teachers. In addition to assigned teaching duties,  activities  to  be  undertaken  by  the  master  teacher  shall include, but are not  limited to, engaging in daily and long-term planning and assessment with  partner teachers,  modeling  teaching  techniques  and  strategies,  and  serving as classroom experts who provide ongoing support to teachers and  children.    i.  Upon  completion of such master teacher's term of participation in  the program, the master teacher shall have the right to  return  to  the  position  he  or  she  held immediately prior to appointment as a master  teacher without loss of tenure, seniority or other employment rights.    j.  Notification.  The  board  of  education  shall  inform   eligible  applicants  of  their  selection for the program by a date determined by  the board of education.    7.  Teacher  recruitment  tuition  reimbursement  program.  A  tuition  reimbursement  program  may  be  available  to  teachers pursuant to the  provisions of this subdivision, as an  incentive  to  attract  qualified  teachers to teacher shortage areas.    a.  Definition.  The  term  "approved course" shall mean a course in a  registered program for the preparation of teachers at an accredited  New  York  state  institution  of  higher  education  which  is taken towards  meeting requirements for permanent certification to teach in the  public  schools of the state.    b. Eligibility. A person shall be eligible for a tuition reimbursement  award if he or she meets the following criteria:    (1)  has received initial or provisional certification to teach in the  public schools  of  the  state  and  does  not  hold  any  permanent  or  professional certification to teach in the public schools of the state;    (2)  he  or  she is employed full-time for the school year by a public  school designated as a teacher shortage area; and    (3) he or she agrees to a service obligation of one year of service in  a teacher shortage area as a condition of receiving the award.    c. Application  and  selection.  (1)  The  board  of  education  shall  determine  the  form  of the application and the application process for  teachers deemed eligible for the award,  and  shall  in  its  discretion  select  the  number  of  eligible  applicants  who will receive an award  pursuant to this subdivision.    (2) If the number of eligible applicants exceeds the number of  awards  determined  by  the  board  pursuant  to this subdivision then the board  shall  use  an  objective  competitive  process  based  on   educational  qualifications  to  determine  which  eligible  applicants shall receive  awards.    d. Payment of awards. (1) Annual awards from state funds provided  for  this  purpose  shall  be  paid  by  the  board of education to the award  recipient.    (2) The initial reimbursement award shall be seven hundred dollars  or  the actual cost of one approved course, whichever is less, provided that  a  recipient  shall  be  eligible to receive three initial reimbursement  awards in the school year. Such initial award shall be renewable for  up  to  one  additional  year  and such renewed reimbursement award shall be  seven hundred dollars  or  the  actual  cost  of  one  approved  course,  whichever  is  less,  provided  that  a  recipient  shall be eligible to  receive three renewed reimbursement  awards  in  the  school  year,  and  provided  further  that  such eligible teacher has provided satisfactoryservice in the prior year as determined by the board of education to  be  eligible  for  any  initial  or renewed reimbursement awards. In no case  shall the sum of any initial and  renewed  reimbursement  awards  exceed  four thousand two hundred dollars.    (3)  The  board  of  education shall develop and secure from the award  recipient a written agreement outlining  the  service  obligation.  Such  agreement shall include provisions for the recipient to repay the amount  of  any  reimbursement  awards  received  to  the school district if the  recipient fails to complete a year of service  in  any  year  where  any  initial  or renewed awards are granted, and such repaid amounts shall be  deducted from any grant amounts due  to  the  district  from  the  state  pursuant  to  this section. Upon a written appeal by an award recipient,  the board of education, in its  discretion,  may  provide  a  waiver  of  repayment provisions for an award recipient who fails to complete his or  her service requirement for documented reasons of health or other severe  hardship, as determined by the commissioner.    e.  After  February  first,  two  thousand  four, any course for which  tuition reimbursement is made shall not be counted toward any continuing  education required of persons certified to teach in the  public  schools  of the state.    f.   Notification.  The  board  of  education  shall  inform  eligible  applicants of their selection for the program by a  date  determined  by  the board of education.    8.  Summer  teacher training program. In a city school district with a  population of one million or more, intensive summer teacher training may  be provided pursuant to this subdivision to certified teachers  teaching  in  a  teacher shortage area that will be employed for the first time in  the city school district as a certified teacher.    a. Eligibility  and  selection.  Such  training  may  be  provided  to  teachers  who  hold  initial,  provisional,  permanent  or  professional  certification to teach in the public schools of the state  who  will  be  employed  for  the  first time in the city school district. The board of  education shall establish a selection process by which new teachers  are  chosen  to  participate in this program. Such process at a minimum shall  include:    (1) proof that the applicant has received, or is eligible to  receive,  initial,  provisional,  permanent or professional certification to teach  in the public schools of the state; and    (2) proof that the applicant will be employed for the  first  time  in  the  city  school  district as a certified teacher in a teacher shortage  area.    b. Allowable expenses. Funds provided for summer teacher training  may  be  used  for  the  payment  of  expenses  incurred  by the district for  training and orientation of certified teachers employed by the  district  for  the  first  time including team teaching with cooperating teachers,  observing summer school classes, and training on meeting  new  standards  and  assessments  provided  such  expenditures from state funds for this  purpose shall not exceed one thousand dollars per eligible  participant.  Nothing  in  this subdivision shall limit the expenditure of local funds  for the purposes of this subdivision.    9. Science, mathematics and bilingual education tuition  reimbursement  program.  Of  the  amount  appropriated for purposes of this section for  grants to school districts for  the  two  thousand  seven--two  thousand  eight  school  year  and  thereafter,  five million dollars ($5,000,000)  shall be  made  available  for  a  science,  mathematics  and  bilingual  education tuition reimbursement program developed by the commissioner to  attract   qualified  teachers  who  have  received  or  will  receive  atransitional teaching certificate, to  teach  mathematics,  science,  or  bilingual education in a low-performing school.    10.  Reporting.  By  November  first  following the completion of each  school year, the commissioner shall  report  to  the  governor  and  the  legislature  regarding  the teachers of tomorrow teacher recruitment and  retention program. Such report shall list  the  amount  of  each  school  district's  total  grant pursuant to this section, the uses of the grant  by each eligible category of expense, the number of  awards  granted  by  type  pursuant to this section and, if applicable, the number of persons  receiving more than one award of a single type or more than one type  of  award and the number of such awards for these individuals, as well as an  analysis of the effectiveness of the program in recruiting and retaining  teachers  in  the  public  schools  of  the  state designated as teacher  shortage areas.