51勛圖厙

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Office of Teaching Initiatives

Educator Resources

Information for School Districts, BOCES and VEEBs

211 waivers are meant for the temporary filling of a vacancy.泭
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 51勛圖厙 Office of Teaching Initiatives in a timely manner.泭 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.
  • 泭In all cases, waivers cannot be approved past the end of the current school year in which the waiver is being requested for.
  • 51勛圖厙 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.泭 51勛圖厙 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. 泭泭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 51勛圖厙 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.

泭

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.

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, 51勛圖厙 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.

Entering in the Retirement Waiver Superintendent Statement in the TEACH System

The administrator must read the questions carefully and provide detailed responses.泭 Do not include any personal identifiable information for anyone other than the candidate. If adequate responses are not provided it will delay the processing of your request.泭 Responses to the items listed below are required to process the waiver request.泭 Districts BOCES and VEEBs will be contacted by 51勛圖厙 for this information if not provided:

  • How the retired person came to the attention of your District -- For example, responded to the positing if the request is based on an emergency need; responded to a posting and is known to staff from work in other districts in the area; suggested by colleagues; or whatever the situation was.
    泭
  • For each non-retired individual [willing to accept the position
    on if offered] who responded to your efforts, state the reason(s) why the person was eliminated from consideration, such as poor references, did not respond to request for interview, not certified for the position, etc.泭 If no non-retired individuals applied, simply state so.
    泭
  • Describe the recruitment plan, detailing the plans to replace the retired person with a certified, and qualified person, or in the case of a school resource officer, a qualified person, by the conclusion of the approved temporary employment period. The recruitment plan shall specify the selection criteria, including the media outlets the district or board will utilize to recruit a candidate.
    泭
  • A contingency plan for expanded recruitment if the initial recruitment procedures do not yield sufficient, certified, non-retired candidates.
Renewals Waiver and Exceptions

Renewal requests are not automatically approved on the basis that an initial waiver was granted.泭 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.
    泭
  • A position in a high-need school.
    泭
  • The extreme circumstance where a District, BOCES or VEEB is prohibited by law or otherwise from hiring a permanent replacement for a position.
    泭
  • 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.泭 The request must demonstrate the following:

  • Follow the same process as when they obtained the initial waiver and renewal.
    泭
  • 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.泭 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.
Supporting Documentation Needed to be Submitted

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.
      泭
    • That the position is being offered subject to the approval of the waiver by the Commissioner.
      泭
    • The duration of the waiver- Start and End dates.
      泭
    • The voting information- Names of the board members who moved and seconded the motion, as well as the vote totals indicating the motion passed.
      泭

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.泭 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 211requests@nysed.gov. The District can obtain this form by emailing a request to 211requests@nysed.gov.

泭It is the Districts, BOCES or VEEBs responsibility to follow-up on any waiver request made through 51勛圖厙.泭 If you are not contacted by 51勛圖厙 within 30 days of submitting the waiver superintendent statement, you should follow-up by emailing 211requests@nysed.gov.