New York State Education Department, Office of Higher Education, Johanna Duncan-Poitier, Deputy Commissioner
Office of Teaching Initiatives
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School Districts

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Employment Authorizations

Coaching License
At the request of a superintendent of schools, a coaching license specific to the activity being coached may be issued to a person appropriately qualified when documented evidence shows there to be no qualified and certified teacher available to coach the activity.  Requests for coaching licenses are submitted to, and licenses are issued by BOCES Regional Certification Office only.  Refer to requirements for Coaching License for details.

Incidental Teaching
A superintendent of schools, with the permission of the Commissioner of Education, may assign a certified teacher to teach a subject not covered by the teacher's license or certificate, for a period not to exceed five classroom hours per week, when no certified teacher is available. For details of the requirement, click on Commissioner's Regulations 80-5.3.  Click Indicates you can Apply Online to Enter Superintendent Statements Online!

 Permit authorizing service in an area for which no certificate exists
At the request of a superintendent of schools, a permit may be issued enabling a school district to employ a qualified person for a position for which no certificate title exists, e.g., teacher of Native American language and/or culture, teacher of Junior Reserve Officer Training Corps, etc. This credential is initially valid for two years, and renewable for five-year periods. Click Indicates you can Apply Online to Enter Superintendent Statements Online!

Retired Public Employee
A superintendent of schools may submit an Application for Employment of Retiree to request approval for a certified retiree to exceed the amount of earnings permitted under sections 211/212 of Retirement and Social Security Law.  The application must be accompanied by documentation that a certified non-retiree is not readily available to fill the position. The application can be requested from the Office of Teaching Initiatives by email, voicemail, phone or fax. Permission is granted for one year. A break in service is required after two consecutive years of such employment. "For details of the requirement go to Commissioner's Regulations 80-5.5.
For more information about the retiree application process go to Submitting an Application for Employment of a Retiree.

Substitute Teacher
A school district may employ an individual as a substitute teacher in a position held by a teacher who is absent but expected to return. Employment of a substitute teacher does not require a certificate.

There are three categories of substitutes:

  1. Persons holding valid certificates may substitute for any length of time in any area.
  2. Persons without certification but who are preparing to be certified may substitute for any length of time in any area.
  3. Persons without certification and who are not preparing to become certified are limited to a maximum of 40 days per year.

Substitutes employed for long-term absences are expected to hold or be working toward certification in the specific field or area in which they are substituting. For details of the requirement, go to Commissioner' Regulations 80-5.4.

Teacher Aide
A school district may employ an individual as a teacher aide to assist teachers in such non-teaching duties as managing records, materials, and equipment; attending to the physical needs of children; and supervising students. For details of the requirement, click on  Commissioner's Regulations 80-5.6.

For more information go to Teaching Assistants and Teacher Aides Compared

Teaching Assistant
Under pre-February 2, 2004 regulations, at the request of the superintendent of schools, a continuing license may be issued to a person for employment as a teaching assistant if that person has worked under a valid temporary license for one year and meets all other requirements. The temporary license is no longer being issued. The continuing certificate is valid continuously unless a person is not employed for five consecutive years. As of February 2, 2004 individuals apply directly to the Education Department for a Teaching Assistant certificate (Level I, II, III, or Pre-professional). A teaching assistant may provide, under the general supervision of a licensed or certified teacher, direct instructional services to children, such as working with individual students of groups on special assignments, assisting students in the use of instructional resources, etc. For details on the teaching assistant regulation, go to Commissioner's Regulations 80-5.6.  Click Indicates you can Apply Online to Apply Online!

Considerations Related to the Duties of Teaching Assistants (paraprofessionals)

The following recommendations, while not prescribed in regulations, are offered for employers consideration in the employment of teaching assistants, also referred to as paraprofessionals.

  • provide common planning time for the teaching assistant and the regular teacher;
     
  • provide a reasonable proximity between the teaching assistant(s) and regular teacher(s), including an adequate and reliable means of communication between them;
     
  • the size of an instructional group given the teaching assistant should be appropriate given the direct instructional service the teaching assistant is expected to provide;
     
  • the caseload given a teaching assistant should take into consideration the direct instructional service being provided, the time required to prepare for these services, and other duties assigned the teaching assistant; and
     
  • the teacher(s) responsible for the students' instruction is the teacher(s) responsible for supervising the teaching assistant.

Some illustrative duties follow:

  • working with individual pupils or groups of pupils on special instructional projects;
     
  • providing the teacher with information about pupils which will assist the teacher in the development of appropriate learning and behavioral experiences;
     
  • assisting pupils in the use of available instructional resources, and assisting in the development of instructional materials;
     
  • utilizing their own special skills, and abilities by assisting in instructional programs in such areas as: foreign languages, arts, crafts, music and similar subjects;
     
  • assisting in related instructional work as required; and
     
  • assisting students with specific health related activities as appropriate.

Local bargaining agreements that may address one or more of these issues. Such agreements may specify in greater detail the terms and conditions of employment of teacher aides and teaching assistants, but they must be consistent with applicable law and regulation.

For more information go to Teaching Assistants (paraprofessionals)

 Visiting Lecturer
At the request of a superintendent of schools, a visiting lecturer license may be issued to an individual who has unusual qualifications in a specific subject to supplement the regular program of instruction. The license is valid for one year.  Click Indicates you can Apply Online to Enter Superintendent Statement Online!

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Last Updated 01/25/2007 03:01 PM