University of the State of New York, State Education Department.

Office of Higher Education Johanna Duncan-Poitier, Deputy Commissioner

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THE STATE EDUCATION DEPARTMENT / THE UNIVERSITY OF THE STATE OF NEW YORK / ALBANY, NY 12234
SENIOR DEPUTY COMMISSIONER OF EDUCATION – P-16 Office of Elementary, Middle, Secondary and Continuing Education Office of Higher Education

To:	District Superintendents Superintendents of Public Schools Superintendents of State-Operated and State-Supported Schools School Personnel Administrators New York State Council of School Superintendents (NYSCOSS) School Administrators Association of New York State (SAANYS) New York State United Teachers New York State School Boards Association (NYSSBA) Big 5 Conference Other Interested Parties
From:	Johanna Duncan-Poitier
Date:	May 6, 2009
Subject:	Tenure for Teachers in Instructional Support Service Positions
	Tenure for Teachers in Instructional Support Service Positions (PDF)

Attachment A: Chart of Teachers who were assigned to perform instructional support services prior to May 1, 2009, will be grand-parented

CIRCUMSTANCES	OUTCOMES
1. Teacher hired for instructional support position PRIOR TO May 1, 2009 and still employed as of that date
a. Outside of former tenure area (without teacher’s knowing consent) b. To improper or non-existent tenure area (with teacher’s consent) c. Certified, but not appointed to a tenure area (e.g., teacher on leave)	a. Past and future service applied to prior tenure area b. Past and future service applied to tenure area in which certified c. Probationary appointment to tenure area for which certified, by July 1, 2009 (for teacher that the district/BOCES desires to continue to employ); future service applied to this tenure area; and regulation does not require any credit for past service prior to probationary appointment
2. Teacher hired for instructional support position ON or AFTER May 1, 2009
a. Continues to accrue tenure and seniority in that area b. New hire	a. Currently employed and serving in a proper tenure area b. Probationary appointment to tenure area for which certified

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07/13/2009