Office of Teaching Initiatives

Renewals SECTION 211 WAIVER and Exceptions

Renewal requests are not automatically approved on the basis that an initial waiver was granted.  The request must demonstrate the following:

• That the District, BOCES or VEEB followed the recruitment plan as provided in the request for the original waiver.
  
  
• That the District, BOCES or VEEB was unable to fill this position with a non-retired individual due to an extreme hardship or other unexpected and unforeseen circumstances beyond the control of the District, BOCES or VEEB.

Exceptions beyond the one year renewal

In the following circumstances the regulations of the Commissioner 80-5.5 allow waivers to be granted beyond the initial waiver and one renewal:

• A position considered to be in a teacher-shortage area.
  
  
• A position in a high-need school.
  
  
• The extreme circumstance where a District, BOCES or VEEB is prohibited by law or otherwise from hiring a permanent replacement for a position.
  
  
• School Resource Officer positions.

It should be noted that while multiple waivers may be granted for these positions, approval of a waiver is necessary for every school year in which the retiree is employed in this position and that the retiree is under age 65 during the calendar year.

These requests are not automatically approved on the basis that an initial or renewal waiver has been granted.  The request must demonstrate the following:

• Follow the same process as when they obtained the initial waiver and renewal.
  
  
• Demonstrate that the situation meets one of the extenuating criteria as outlined in the Regulations of the Commissioner 80-5.5.

Section 211 waivers are valid for up to one school year at a time. Districts, BOCES or VEEBs that are requesting approval of a waiver beyond a renewal must follow the same process as in previous years.  This would include the following:

• The retiree submits a new application online through their TEACH account.
  
  
• The District, BOCES or VEEB completes the retirement waiver superintendent statement online through TEACH.
  
  
• The District, BOCES or VEEB provides a new board resolution indicating the appointment of the retiree for the school year to covered by the waiver.
  
  
• The District, BOCES or VEEB provides evidence that a good faith effort was made to find a non-retired person.