Educator Resources

Supporting Documentation Needed to be Submitted for SECTION 211 WAIVER

In all instances submit the following supporting documentation:

  • A copy of the resolution of the board authorizing such employment, subject to approval of the commissioner (needs to be official).

    An acceptable resolution must include:
    • The title of the position the waiver is being requested for.

    • That the position is being offered subject to the approval of the waiver by the Commissioner.

    • The duration of the waiver- Start and End dates.

    • The voting information- Names of the board members who moved and seconded the motion, as well as the vote totals indicating the motion passed.

Proof of advertising/posting the position, to document a good faith effort to find a non-retied individual to fill the position. This must include dates of positing and the exact title of the position.  In cases of emergency interim appointments, if no advertising/posting was done, the District, BOCES or VEEB requesting the waiver must explain the selection process that was used in choosing the retiree they are seeking the waiver for.

If the position is for the superintendent of schools, a certification that the retired person may participate in, but shall not lead the review and selection process for a permanent candidate of such position must be completed by the BOCES District Superintendent and emailed to The District can obtain this form by emailing a request to

 It is the District’s, BOCES’ or VEEB’s responsibility to follow-up on any waiver request made through NYSED.  If you are not contacted by NYSED within 30 days of submitting the waiver superintendent statement, you should follow-up by emailing

Last Updated: September 26, 2017