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SECTION 2573
Appointment of assistant, district or other superintendents, teachers and other employees; their salaries, et cetera
Education (EDN) CHAPTER 16, TITLE 2, ARTICLE 52
§ 2573. Appointment of assistant, district or other superintendents,
teachers and other employees; their salaries, et cetera. 1. (a) i.
Teachers and all other members of the teaching staff, appointed prior to
July first, two thousand fifteen and authorized by section twenty-five
hundred fifty-four of this article, shall be appointed by the board of
education, upon the recommendation of the superintendent of schools, for
a probationary period of three years, except that in the case of a
teacher who has rendered satisfactory service as a regular substitute
for a period of two years or as a seasonally licensed per session
teacher of swimming in day schools who has served in that capacity for a
period of two years and has been appointed to teach the same subject in
day schools on an annual salary, the probationary period shall be
limited to one year; provided, however, that in the case of a teacher
who has been appointed on tenure in another school district within the
state, the school district where currently employed, or a board of
cooperative educational services, and who was not dismissed from such
district or board as a result of charges brought pursuant to subdivision
one of section three thousand twenty-a or section three thousand
twenty-b of this chapter, the probationary period shall not exceed two
years; provided, however, that in cities with a population of one
million or more, a teacher appointed under a newly created license, for
teachers of reading and of the emotionally handicapped, to a position
which the teacher has held for at least two years prior to such
appointment while serving on tenure in another license area who was not
dismissed as a result of charges brought pursuant to subdivision one of
section three thousand twenty-a or section three thousand twenty-b of
this chapter, the probationary period shall be one year. The service of
a person appointed to any of such positions may be discontinued at any
time during such probationary period, on the recommendation of the
superintendent of schools, by a majority vote of the board of education.
Each person who is not to be recommended for appointment on tenure shall
be so notified by the superintendent of schools in writing not later
than sixty days immediately preceding the expiration of his or her
probationary period. In city school districts having a population of
four hundred thousand or more, persons with licenses obtained as a
result of examinations announced subsequent to the twenty-second day of
May, nineteen hundred sixty-nine appointed upon conditions that all
announced requirements for the position be fulfilled within a specified
period of time, shall not acquire tenure unless and until such
requirements have been completed within the time specified for the
fulfillment of such requirements, notwithstanding the expiration of any
probationary period. In all other city school districts subject to the
provisions of this article, failure to maintain certification as
required by this article and by the regulations of the commissioner
shall be cause for removal within the meaning of subdivision five of
this section.

ii. Teachers and all other members of the teaching staff appointed on
or after July first, two thousand fifteen and authorized by section
twenty-five hundred fifty-four of this article, shall be appointed by
the board of education, upon the recommendation of the superintendent of
schools, for a probationary period of four years, except that in the
case of a teacher who has rendered satisfactory service as a regular
substitute for a period of two years and, if a classroom teacher, has
received annual professional performance review ratings in each of those
years, or has rendered satisfactory service as a seasonally licensed per
session teacher of swimming in day schools who has served in that
capacity for a period of two years and has been appointed to teach the
same subject in day schools on an annual salary, the teacher shall be
appointed for a probationary period of two years; provided, however,
that in the case of a teacher who has been appointed on tenure in
another school district within the state, the school district where
currently employed, or a board of cooperative educational services, and
who was not dismissed from such district or board as a result of charges
brought pursuant to subdivision one of section three thousand twenty-a
or section three thousand twenty-b of this chapter, the teacher shall be
appointed for a probationary period of three years; provided that, in
the case of a classroom teacher, the teacher demonstrates that he or she
received an annual professional performance review rating pursuant to
section three thousand twelve-c or section three thousand twelve-d of
this chapter in his or her final year of service in such other school
district or board of cooperative educational services; provided,
however, that, in the case of a classroom teacher who has been appointed
for a probationary period during the two thousand twenty--two thousand
twenty-one school year and who has been appointed on tenure in another
school district within the state, the school district where currently
employed, board of cooperative educational services or state school for
the blind or deaf, and who was not dismissed from such district, board
or state school for the blind or deaf as a result of charges brought
pursuant to section three thousand twenty-a or section three thousand
twenty-b of this chapter, such teacher shall be appointed for a
probationary period of three years; provided that, in the case of a
classroom teacher, such teacher demonstrates that he or she received an
annual professional performance review rating pursuant to section three
thousand twelve-c or section three thousand twelve-d of this chapter in
the two thousand seventeen--two thousand eighteen or two thousand
eighteen--two thousand nineteen school year in such other school
district, board of cooperative educational services or state school for
the blind or deaf; provided further, however, that in cities with a
population of one million or more, a teacher appointed under a newly
created license, for teachers of reading and of the emotionally
handicapped, to a position which the teacher has held for at least two
years prior to such appointment while serving on tenure in another
license area who was not dismissed as a result of charges brought
pursuant to subdivision one of section three thousand twenty-a or
section three thousand twenty-b of this chapter, the teacher shall be
appointed for a probationary period of two years. The service of a
person appointed to any of such positions may be discontinued at any
time during such probationary period, on the recommendation of the
superintendent of schools, by a majority vote of the board of education.
Each person who is not to be recommended for appointment on tenure shall
be so notified by the superintendent of schools in writing not later
than sixty days immediately preceding the expiration of his or her
probationary period. In all city school districts subject to the
provisions of this article, failure to maintain certification as
required by this article and by the regulations of the commissioner
shall be cause for removal within the meaning of subdivision five of
this section.

(b) i. Administrators, directors, supervisors, principals and all
other members of the supervising staff, except executive directors,
associate, assistant, district and community superintendents and
examiners, appointed prior to July first, two thousand fifteen and
authorized by section twenty-five hundred fifty-four of this article,
shall be appointed by the board of education, upon the recommendation of
the superintendent or chancellor of schools, for a probationary period
of three years. The service of a person appointed to any of such
positions may be discontinued at any time during the probationary period
on the recommendation of the superintendent of schools, by a majority
vote of the board of education.

ii. Administrators, directors, supervisors, principals and all other
members of the supervising staff, except executive directors, associate,
assistant, district and community superintendents and examiners,
appointed on or after July first, two thousand fifteen and authorized by
section twenty-five hundred fifty-four of this article, shall be
appointed by the board of education, upon the recommendation of the
superintendent or chancellor of schools, for a probationary period of
four years provided that such probationary period may be extended in
accordance with paragraph (b) of subdivision five of this section;
provided, however, that in the case of a principal, administrator,
supervisor, or other member of the supervising staff who has been
appointed on tenure pursuant to this chapter as an administrator within
an authorized administrative tenure area in another school district
within the state, the school district where currently employed, or a
board of cooperative educational services, and who was not dismissed
from such district or board as a result of charges brought pursuant to
subdivision one of section three thousand twenty-a or section three
thousand twenty-b of this chapter, the principal, administrator,
supervisor or other member of the supervising staff shall be appointed
for a probationary period of three years. The service of a person
appointed to any of such positions may be discontinued at any time
during the probationary period on the recommendation of the
superintendent of schools, by a majority vote of the board of education.

2. The chancellor shall require, in anticipation of the reasonable
needs of the school system, that interviews and performance tests be
conducted for teaching service positions, pursuant to section two
thousand five hundred sixty-nine of this article, so that qualifying
eligible lists may be ready for promulgation as soon as vacancies come
into existence. Where vacancies already exist, and cannot be filled
because eligible lists have been exhausted, the chancellor shall require
interviews and performance tests to be conducted forthwith and shall
have lists available for promulgation within six months from the date of
the administration of the test. Appropriate procedures for filling
supervisory positions shall be established pursuant to regulations
promulgated by the chancellor and qualifying eligible lists shall be
promulgated and thereafter supplemented annually Supervisory positions
shall be filled in accordance with regulations promulgated by the
chancellor; supervisors who are properly assigned or appointed through
such regulations shall be considered appointed in the license area of
the supervisory position. Appointments shall be made from appropriate
eligible lists in accordance with regulations of the chancellor to fill
all existing vacancies not later than six months from the date of the
existence of such vacancy, except that the board of education may defer
such appointments until the opening of school following the expiration
of such six month period.

3. Associate superintendents, examiners and all other employees
authorized by section twenty-five hundred fifty-four of this article,
except as otherwise provided in subdivision one of this section, shall
be appointed by the board of education except that in the city school
districts of the cities of Buffalo, Rochester, and Syracuse, the
associate, assistant and district superintendents and all other
supervising staff who are excluded from the right to bargain
collectively pursuant to article fourteen of the civil service law shall
be appointed, within amounts budgeted therefor, by the superintendent of
such city school district. In a city having a population of one million
or more, such appointments shall be made on nomination of the
superintendent of schools. Notwithstanding any other provision in this
chapter to the contrary, whenever an associate superintendent of schools
in the employ of the board of education in a city having a population of
one million or more fails of reappointment, said person shall be
immediately appointed an assistant superintendent of schools with
permanent appointment as said term permanent appointment is defined in
subdivisions four, five and six of this section. The salary of such
assistant superintendent shall be less than the salary of an associate
superintendent, but said differential in salary shall not exceed ten per
centum of the annual salary of an associate superintendent of schools.
When, however, an associate superintendent of schools who fails of
reappointment has to his credit thirty or more years of city service
including ten or more years of service as such associate superintendent
of schools, he shall suffer no reduction of salary or of pension
prospects while serving as such assistant superintendent of schools.

4. Clerks, draftsmen, inspectors, chemists, tabulating machine
operators, secretaries, stenographers, copyists, statisticians,
janitors, custodians, custodian-engineers, and all other administrative
employees of a board of education, unless otherwise provided in this
chapter, shall be appointed for a probationary period provided in the
civil service law and regulations based thereon. The service of a person
appointed to any of such positions may be discontinued by the board of
education at any time during such probationary period. Such persons who
have served the full probationary period shall hold their respective
positions during good behavior and efficient and competent service, and
shall not be removed except for cause after a hearing by the affirmative
vote of a majority of the board.

5. (a) At the expiration of the probationary term of any persons
appointed for such term prior to July first, two thousand fifteen, the
superintendent of schools shall make a written report to the board of
education recommending for permanent appointment those persons who have
been found competent, efficient and satisfactory. Such persons and all
others employed in the teaching, service of the schools of a city, who
have served the full probationary period, shall hold their respective
positions during good behavior and efficient and competent service, and
shall not be removable except for cause after a hearing as provided by
section three thousand twenty-a or section three thousand twenty-b of
this chapter.

(b) At the expiration of the probationary term of any persons
appointed for such term on or after July first, two thousand fifteen,
the superintendent of schools shall make a written report to the board
of education recommending for permanent appointment those persons who
have been found competent, efficient and satisfactory and, in the case
of a classroom teacher or building principal, who have received
composite annual professional performance review ratings pursuant to
section three thousand twelve-c or section three thousand twelve-d of
this chapter, of either effective or highly effective in at least three
of the four preceding years, exclusive of any breaks in service;
provided that, in the case of a classroom teacher or building principal
appointed during the two thousand seventeen--two thousand eighteen, two
thousand eighteen--two thousand nineteen or two thousand nineteen--two
thousand twenty school year, who have received composite annual
professional performance review ratings pursuant to section three
thousand twelve-c or section three thousand twelve-d of this chapter of
either effective or highly effective in at least one of the four
preceding years, exclusive of any breaks in service, and did not receive
an ineffective rating in the final year of his or her probationary
period or during the most recent school year where a rating was
received, and would have been in the superintendent of schools'
discretion qualified for appointment on tenure based upon performance,
notwithstanding that his or her annual professional performance review
had not been completed and he or she had not received an annual
professional performance rating for the two thousand nineteen--two
thousand twenty and two thousand twenty--two thousand twenty-one school
years; provided that, in the case of a classroom teacher or building
principal appointed during the two thousand twenty--two thousand
twenty-one school year who have received composite annual professional
performance review ratings pursuant to section three thousand twelve-c
or section three thousand twelve-d of this chapter of either effective
or highly effective in at least two of the four preceding years,
exclusive of any breaks in service, and did not receive an ineffective
rating in the final year of his or her probationary period or during the
most recent school year where a rating was received, and would have been
in the superintendent of schools' discretion qualified for appointment
on tenure based upon performance, notwithstanding that his or her annual
professional performance review had not been completed and he or she had
not received an annual professional performance rating for the two
thousand twenty--two thousand twenty-one school year; provided further
that, notwithstanding any other provision of this section to the
contrary, when a teacher or principal receives an effective and/or
highly effective rating in each year of his or her probationary service
except he or she receives an ineffective rating in the final year of his
or her probationary period, such teacher or principal shall not be
eligible for tenure but the board of education in its discretion, may
extend the teacher's probationary period for an additional year;
provided, however, that if such teacher or principal successfully
appealed such ineffective rating, such teacher or principal shall
immediately be eligible for tenure if the rating resulting from the
appeal established that such individual has been effective or highly
effective in at least three of the preceding four years. At the
expiration of the probationary period, the classroom teacher or building
principal shall remain in probationary status until the end of the
school year in which such teacher or principal has received such ratings
of effective or highly effective for at least three of the four
preceding school years, exclusive of any breaks in service and subject
to the terms hereof, during which time a board of education shall
consider whether to grant tenure for those classroom teachers or
building principals who otherwise have been found competent, efficient
and satisfactory. Provided, however, that the board of education may
grant tenure contingent upon a classroom teacher's or building
principal's receipt of a minimum rating in the final year of the
probationary period, pursuant to the requirements of this section, and
if such contingency is not met after all appeals have been exhausted,
the grant of tenure shall be void and unenforceable and the teacher's or
principal's probationary period may be extended in accordance with this
subdivision. Such persons who have been recommended for tenure and all
others employed in the teaching service of the schools of such school
district who have served the full probationary period as extended
pursuant to this subdivision shall hold their respective positions
during good behavior and efficient and competent service, and shall not
be removable except for cause after a hearing as provided by section
three thousand twenty-a or section three thousand twenty-b of this
chapter. Failure to maintain certification as required by this chapter
and the regulations of the commissioner shall constitute cause for
removal.

6. (a) In a city having a population of four hundred thousand or more,
at the expiration of the probationary term of any persons appointed for
such term prior to July first, two thousand fifteen, the superintendent
of schools shall make a written report to the board of education
recommending for permanent appointment those persons who have been found
satisfactory, and such board of education shall immediately thereafter
issue to such persons permanent certificates of appointment. Such
persons and all others employed in the teaching service of the schools
of such city, who have served the full probationary period shall receive
permanent certificates to teach issued to them by the certificating
authority, except as otherwise provided in subdivision ten-a of this
section, and shall hold their respective positions during good behavior
and satisfactory teaching service, and shall not be removable except for
cause after a hearing as provided by section three thousand twenty-a or
section three thousand twenty-b of this chapter.

(b) At the expiration of the probationary term of any persons
appointed for such term on or after July first, two thousand fifteen,
the superintendent of schools shall make a written report to the board
of education recommending for permanent appointment those persons who
have been found competent, efficient and satisfactory and, in the case
of a classroom teacher or building principal, who have received
composite annual professional performance review ratings pursuant to
section three thousand twelve-c or section three thousand twelve-d of
this chapter, of either effective or highly effective in at least three
of the four preceding years, exclusive of any breaks in service;
provided that, in the case of a classroom teacher or building principal
appointed during the two thousand seventeen--two thousand eighteen, two
thousand eighteen--two thousand nineteen or two thousand nineteen--two
thousand twenty school year, who have received composite annual
professional performance review ratings pursuant to section three
thousand twelve-c or section three thousand twelve-d of this chapter of
either effective or highly effective in at least one of the four
preceding years, exclusive of any breaks in service, and did not receive
an ineffective rating in the final year of his or her probationary
period or during the most recent school year where a rating was
received, and would have been in the superintendent of schools'
discretion qualified for appointment on tenure based upon performance,
notwithstanding that his or her annual professional performance review
had not been completed and he or she had not received an annual
professional performance rating for the two thousand nineteen--two
thousand twenty and two thousand twenty--two thousand twenty-one school
years; provided that, in the case of a classroom teacher or building
principal appointed during the two thousand twenty--two thousand
twenty-one school year who have received composite annual professional
performance review ratings pursuant to section three thousand twelve-c
or section three thousand twelve-d of this chapter of either effective
or highly effective in at least two of the four preceding years,
exclusive of any breaks in service, and did not receive an ineffective
rating in the final year of his or her probationary period or during the
most recent school year where a rating was received, and would have been
in the superintendent of schools' discretion qualified for appointment
on tenure based upon performance, notwithstanding that his or her annual
professional performance review had not been completed and he or she had
not received an annual professional performance rating for the two
thousand twenty--two thousand twenty-one school year; provided further
that, notwithstanding any other provision of this section to the
contrary, when a teacher receives an effective and/or highly effective
rating in each year of his or her probationary service except he or she
receives an ineffective rating in the final year of his or her
probationary period, such teacher or principal shall not be eligible for
tenure but the board of education in its discretion, may extend the
teacher's probationary period for an additional year; provided, however,
that if such teacher or principal successfully appealed such ineffective
rating, such teacher or principal shall immediately be eligible for
tenure if the rating resulting from the appeal established that such
individual has been effective or highly effective in at least three of
the preceding four years and was not ineffective in the final year. At
the expiration of the probationary period, the classroom teacher or
building principal shall remain in probationary status until the end of
the school year in which such teacher or principal has received such
ratings of effective or highly effective for at least three of the four
preceding school years, exclusive of any breaks in service and subject
to the terms hereof, during which time a board of education shall
consider whether to grant tenure for those classroom teachers or
building principals who otherwise have been found competent, efficient
and satisfactory. Provided, however, that the board of education may
grant tenure contingent upon a classroom teacher's or building
principal's receipt of a minimum rating in the final year of the
probationary period, pursuant to the requirements of this section, and
if such contingency is not met after all appeals have been exhausted,
the grant of tenure shall be void and unenforceable and the teacher's or
principal's probationary period may be extended in accordance with this
subdivision. Such persons who have been recommended for tenure and all
others employed in the teaching service of the schools of such school
district who have served the full probationary period as extended
pursuant to this subdivision shall hold their respective positions
during good behavior and efficient and competent service, and shall not
be removable except for cause after a hearing as provided by section
three thousand twenty-a or section three thousand twenty-b of this
chapter. Failure to maintain certification as required by this chapter
and the regulations of the commissioner shall constitute cause for
removal.

8. No charges under this section shall be brought more than three
years after the occurrence of the alleged incompetency or misconduct
except where the charge is of misconduct which resulted in conviction
for a crime.

9. No principal, supervisor, director, or teacher shall be appointed
to the teaching force of a city who does not possess qualifications
required under this chapter and under the regulations prescribed by the
commissioner of education for the persons employed in such positions in
the schools of the cities of the state, but a board of education may
prescribe additional or higher qualifications for the persons employed
in any of such positions.

10. (a) In a city having a population of one million or more,
recommendations for appointment to the teaching service shall be from
the first three persons chosen by random selection from the qualifying
eligible lists prepared by the chancellor. Competitive eligible lists in
existence at the time of enactment of this subdivision shall not be
merged and any such lists shall be exhausted or have expired before
nominations are made from a qualifying list of a subsequent date
promulgated hereunder. Qualifying eligible lists for supervisory
positions shall be merged with any subsequently promulgated lists in the
same license area so that there shall be one continuing non-expiring
eligible list for each license area. No competitive eligible list shall
remain in force for a longer period than four years, nor have a life of
less than three years. No competitive eligible list now in force shall
terminate any sooner than four years from the date on which it was
promulgated. The board of education, on the recommendation of the
chancellor shall designate, subject to the other provisions of this
chapter, the kind and grades of licenses which shall be required for
service as principal, branch principal, director, supervisor or teacher
of a special branch, head of department, assistant, school psychiatrist,
school psychologist, school medical inspector, school social worker,
school social caseworker, school secretary, industrial or trade helper
in vocational schools, school librarian, laboratory assistant, or any
other position of the teaching staff together with the academic and
professional qualifications required for each kind or grade of license.
No person required to have a license under the provisions of this
chapter in order to be employed in a position who does not have such
license shall have any claim for salary, except that a person who has
been assigned to teach in a subject or field not specifically covered in
his license but on the same rank or level of service shall be entitled
to his salary.

(b) Qualifying eligible lists for teaching and supervisory positions
shall consist of the names of all persons who have met the eligibility
requirements for appointment as defined by the chancellor pursuant to
sections two thousand five hundred ninety-j and two thousand five
hundred sixty-nine of this chapter. Where the regulations of the
commissioner do not identify a state certificate that corresponds to a
license utilized by the city school district, the chancellor shall
develop and administer an examination appropriate to the license,
provided the development of such examination and the passing score are
based upon appropriate validity studies conducted in accordance with
professional standards of measurement. For teaching service positions,
competitive eligible lists in existence on the effective date of this
paragraph shall not be merged. Subsequently promulgated qualifying
eligible lists in the same license area shall be merged so that there
shall be one qualifying eligible list for each license area. No
candidate shall remain on the qualifying eligible list longer than seven
years from the date the candidate is placed on the qualifying eligible
list. This paragraph does not affect the examinations for teaching or
supervisory service positions announced by the board of examiners prior
to the effective date of this paragraph.

(i) Each year, the chancellor shall direct the division of personnel
to select by random selection from among candidates who are available
for assignment and who are on the qualifying eligible lists for teaching
positions in existence on such date for each license area, a list of
prospective appointees deemed to be sufficient to meet the needs of the
school system for the next school year. The random selection to
establish the initial list of prospective appointees shall be held prior
to April first, nineteen hundred ninety-one. In any instance where the
list of prospective appointees is insufficient for the twelve month
period, the chancellor shall direct the division of personnel to select
by random selection additional candidates who are available for
assignment and who are on qualifying eligible lists in order to compile
a supplementary list of prospective appointees.

(ii) Candidates selected by a random selection system and whose names
appear on the list of prospective appointees for teaching positions
shall be assigned to community districts and to divisions under the
jurisdiction of the chancellor in the order in which their names were
selected by such system provided that each appointment by the chancellor
or community board as appropriate shall be made from among the first
three persons so assigned.

(iii) Lists of prospective appointees for teaching positions shall not
be merged and a list shall be exhausted or have expired before
assignments are made from a list of prospective appointees selected by a
random selection procedure of subsequent date. No candidate shall remain
on the list of prospective appointees longer than seven years from the
date that the candidate was placed on the qualifying eligible list.

10-a. In the city school district of the city of Buffalo, members of
the teaching and supervising staff appointed on or after the effective
date of this subdivision shall be required to hold a state teaching
certificate, but shall not be required to hold a license issued by the
Buffalo city school district. Persons appointed to the teaching and
supervising staff prior to such effective date may continue to serve
under a license issued by such city school district and the board of
education shall be authorized to issue permanent licenses and permanent
certificates of appointment after such effective date to such persons
who fulfill all announced requirements for the position that were
imposed at the time of appointment. Nothing in this chapter shall affect
the rights of persons serving pursuant to appropriate licenses issued
prior to the effective date of this subdivision or require such persons
to obtain certifications or licenses not previously required of them.

11. In a city have a population of one million or more, the board of
education, subject to the approval of the commissioner of education,
shall have power to authorize the superintendent of schools to assign
any teacher employed to teach any subject or subjects other than any
specific subject for which such teacher is licensed. No such assignment
shall be made unless the superintendent of schools shall have certified
that such teacher is competent to teach the assigned subject or
subjects. The superintendent of schools with the approval of the board
of education, shall have power to make rules and regulations in relation
to ascertainment of competency of teachers to teach such assigned
subject or subjects. The assignment of a teacher to teach any such
assigned subject shall not operate to change the rank or level of such
teacher from that which he or she occupied prior to such assignment.

12. The salaries of all members of the supervising and teaching force
and of all employees and for all positions authorized under section
twenty-five hundred four of this article shall continue to be not lower
than such salaries were on June eighth, nineteen hundred seventeen.
Rules and regulations shall be adopted governing excusing of absences
and for the granting of leaves of absence either with or without pay.

13. Teachers appointed in the schools or classes maintained in the
institutions controlled by the department of correction of the city of
New York shall be appointed by the commissioner of correction of such
city upon the nomination of the superintendent of schools of such city
and shall be licensed by the board of examiners of the board of
education of such city.

15. Notwithstanding any other provision of this section no period in
any school year for which there is no required service and/or for which
no compensation is provided shall in any event constitute a break or
suspension of probationary period or continuity of tenure rights of any
of the persons hereinabove described.

16. In the city school district of the city of New York, the board of
education shall ascertain prior to August first, nineteen hundred sixty,
and annually thereafter the number of appointments which will be
required for the duration of not less than a term of the ensuing school
year by reason of leaves of absence granted to members of the teaching
staff serving on tenure. The board shall thereupon establish and make
appointments to positions of replacement teachers in a number which,
including any such teachers already serving as a result of earlier
appointment, shall be at least equal, if possible, and, if not, as
nearly as possible, to two-thirds of the minimum number of such teachers
expected to be absent on leave at any one time. Such positions shall
constitute a pool from which the board shall assign teachers to replace
the teachers who are absent on leave. Appointments to such positions of
replacement teachers shall be made from the appropriate eligible lists
for the positions for which such replacement teachers will be required
as determined by the board. Such positions of replacement teachers shall
be in all respects permanent positions in the school system and persons
duly appointed by the board to such positions shall be entitled to the
rights of tenure and retirement accruing to persons serving in other
permanent teaching positions, except that no replacement teacher shall
be entitled to the special limitation of the probationary period to one
year provided for certain teachers by subdivision one of this section.
Upon acceptance of appointment as replacement teacher, the name of each
such appointee shall be placed on a preferred eligible list as a
candidate for appointment to any permanent teaching position for which
he holds a valid license and such candidates shall be entitled to
appointment from such preferred eligible list in order of their
placement on such list. At any time when the total number of positions
of replacement teacher in such pool exceeds the total number of teachers
who will be absent on leave for the ensuing term of school, the board
may abolish positions in such pool which are in excess of the number of
teachers to be absent on leave as aforesaid, or may use replacement
teachers in such pool instead of substitute teachers to replace teachers
who are absent for shorter periods than one term. Whenever a particular
replacement teacher cannot be used to replace any teacher who is absent
on leave for a full term, he may similarly be used to replace teachers
who are absent for shorter periods. Nothing herein contained shall be
construed as preventing the appointment of regular substitute teachers
to replace teachers absent on leave when no persons holding positions
created pursuant to this subdivision are available for such replacement.

17. In the city school district of the city of Buffalo, the board of
education shall, within sixty days of the effective date of this
subdivision and annually prior to August first of each year thereafter,
ascertain the number of appointments which will be required for the
duration of not less than a term of the ensuing school year by reason of
leaves of absence granted to members of the teaching staff serving on
tenure. The board shall thereupon establish and make appointments to
positions of replacement teachers in a number which, including any such
teachers already serving as a result of earlier appointment, shall be
equal, if possible, or as nearly as possible, to two-thirds of the
minimum number of such teachers expected to be absent on leave at any
one time. Such positions shall constitute a pool from which the board
shall assign teachers to replace the teachers who are absent on leave.
Such positions of replacement teachers shall be in all respects
permanent positions in the school system and persons duly appointed by
the board to such positions shall be entitled to the rights of tenure
and retirement accruing to persons serving in other permanent teaching
positions, except that no replacement teacher shall be entitled to the
special limitation of the probationary period to one year provided for
certain teachers by subdivision one of this section. Upon acceptance of
appointment as replacement teacher, the name of each such appointee
shall be placed on a preferred eligible list as a candidate for
appointment to any permanent teaching position for which he or she holds
a valid license and such candidates shall be entitled to appointment
from such preferred eligible list in order of their placement on such
list. At any time when the total number of positions of replacement
teacher in such pool exceeds the total number of teachers who will be
absent on leave for the ensuing term of school, the board may abolish
positions in such pool which are in excess of the number of teachers to
be absent on leave as aforesaid, or may use replacement teachers in such
pool instead of substitute teachers to replace teachers who are absent
for shorter periods than one term. Whenever a particular replacement
teacher cannot be used to replace any teacher who is absent on leave for
a full term, he or she may similarly be used to replace teachers who are
absent for shorter periods. Nothing herein contained shall be construed
as preventing the appointment of regular substitute teachers to replace
teachers absent on leave when no persons holding positions created
pursuant to this subdivision are available for such replacement.