9220 Teacher Qualifications

Each employee whose employment requires certification or other licensure will inform the Superintendent of Schools, through the Office of Human Resources, immediately of any change in the status of his/her certification or licensure. The changes shall include, but not be limited to, the granting, revocation, upgrading, expiration, conversion and/or extension of these documents as to their periods of validity or their titles. 

The original certificates and/or licenses must be presented for examination and copying to the Office of Human Resources as soon as they are available to the employee. The copies will be maintained in the employee's personnel file in support of the legitimate employment of each affected employee. The failure of any employee to possess the required certification or other licensure may result in the discharge of that employee. 

Qualifications of Teachers

An individual is qualified to teach in a New York State public school if he/she: (1) is a citizen of the United States (or has petitioned to become a U.S. citizen and will become a citizen within the time prescribed by law; or has received approval from the Commissioner of Education to teach in New York State as part of a teacher exchange program); (2) is at least 18 years of age; and (3) possesses a New York State teacher’s certificate.  Exceptions to the certification requirement for substitute teachers are set forth below.  In addition, all prospective teachers appointed by the Board of Education on or after July 1, 2001 who are not in the New York State Education Department’s criminal history file must be fingerprinted for purposes of a criminal history record check.  

All candidates for teaching positions recommended to the Board of Education for appointment MUST possess a valid teacher’s certificate as of the date of their hire, except that candidates hired by the District for substitute teaching positions must be certified as follows: 

• Substitutes with valid teaching certificates or certificates of qualification may be employed by the District in any capacity, for any number of days.  If employed for more than 40 days in a school year, these substitutes must be employed in an area for which they are certified.
• Substitutes without a valid teaching certificate who are completing collegiate study toward certification at the rate of not less than six semester hours per year may be employed by the District in any capacity, for any number of days.  If employed for more than 40 days in a school year, these substitutes must be employed in the area for which they are seeking certification.
• Substitutes without a valid certificate who are not working towards certification may be employed by the District for no more than 40 days in a school year.  Provided, however, that in extreme circumstances where there is an urgent need for a substitute teacher and the District has undertaken a good faith recruitment search for a properly certified candidate and determined that there are no available certified teachers to perform the duties of the position, a substitute teacher without a valid teaching certificate who is not working towards certification may be employed by the District beyond the 40-day limit for up to an additional 50 days (90 days total in a school year) if the District Superintendent certifies that the District or board of cooperative educational services, as applicable, has conducted a good faith recruitment search and there are no available certified teachers that can perform the duties of the position.  In rare circumstances, the District may hire a substitute teacher beyond the 90 days if the District Superintendent or Superintendent of Schools attests that a good faith recruitment search has been conducted and that there are still no available certified teachers who can perform the duties of the position and that a particular substitute teacher is needed to work with a specific class or group of students until the end of the school year.

Cross-ref:
9240, Recruiting and Hiring
9260, Conditional Appointment & Emergency Conditional Appointment of Staff – Student Safety

Ref:
Education Law Sections 3001, 3001-a, 3004, 3005, 3006 and 3008
8 New York Codes, Rules and Regulations (NYCRR) Subparts 80-1, 80-2, 80-3, 80-5.4 and 87.4 

Approved by the Board of Education: 06/27/07
Revision approved by the Board of Education: 01/19/17

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