Educator Resources

SECTION 211 WAIVER: Information for School Districts, BOCES and VEEBs


BEFORE REQUESTING A SECTION 211 WAIVER NOTE:

211 waivers are meant for the temporary filling of a vacancy. 
They are not granted on a long-term basis.

Timeframe for Submission: The waiver must be requested within 30 days from the appointment of a retiree and supporting documentation must be submitted to the NYSED Office of Teaching Initiatives in a timely manner.  Prompt application and active follow-through are essential.
   
Duration:

The approval of the Commissioner shall be for a period of up to one school year. The waivers are issued based on a school year, not a calendar year.

  • The start date of a waiver can vary.
  •  In all cases, waivers cannot be approved past the end of the current school year in which the waiver is being requested for.
  • NYSED considers June 30th to be the end of a school year.

A 211 waiver may be renewed once for up to an additional school year.  NYSED grants 211 waiver renewals in instances of demonstrated extreme hardship or other unexpected and unforeseen circumstances beyond the control of the district or board.

A District, BOCES or VEEB may be granted additional waivers beyond the first school year and one renewal in the following situations if a position is; in a teacher shortage area, or in a high-need school, or in extreme circumstances where a District, BOCES or VEEB is prohibited by law or otherwise from hiring a permanent replacement for a position or School Resource Officer position.
   

Recruitment:

All positions must be recruited for.

  • An Interim position may be recruited for if the position cannot be filled within the timeframe of the notice of the former employee.
  • If there is an urgent need for the retired person's services as the result of an unplanned, unpredictable and unexpected vacancy which requires an immediate temporary interim appointment, it may preclude the District, BOCES or VEEB from conducting an extensive recruitment search.
    • The District, BOCES or VEEB must submit documentation which clearly establishes the existence of the emergency which precluded them from performing such search.   It is not considered an emergency if the former employee provided sufficient notice to post for the position.
   
Determination: Approval of a section 211 waiver is not guaranteed and NYSED may deny any application for a section 211 waiver if the employer did not follow the requirements as outlined in the Regulations of the Commissioner, 80-5.5.

Approval is necessary only for those retirees who will both be under the age of 65 throughout the calendar year of employment and will earn more than the stated maximum allowable amount for the year (currently $35,000). Retired individuals who are 65 years of age or older are not subject to the restrictions as set forth in the Retirement and Social Security Law and do not need a section 211 waiver./td>

   
Restrictions: Retirees are restricted from returning to work in a position that is the “same or similar” to the position they retired from for a period of one year, from the date they retired.
  • If a section 211 waiver is submitted for a person that has not been retired for more than one year, NYSED will require submission of detailed job descriptions for the former and current position to compare the duties and responsibilities of the two positions.
  • The titles of the positions alone will not necessarily be determinative.
Certification: The Retiree must hold the appropriate teaching/administrative certificate for the position the waiver is requested for.
   
Retiree information: The retiree should contact the retirement system they are a member of for information about any restrictions, income limitations, and/or retirement benefit restrictions.
 
Application Process for School Districts, BOCES and VEEBs
Go to How to Apply for the 211 Retirement Waiver
 
Entering in the Retirement Waiver Superintendent Statement in the TEACH System
 
Supporting Documentation Needed to be Submitted for SECTION 211 WAIVER
 
Renewals SECTION 211 WAIVER and Exceptions
Last Updated: January 3, 2020