§ 3612. Teachers of tomorrow teacher recruitment and retention
program. 1. Definitions. a. The term "teacher shortage area" means a
public school or subject area in which there was a shortage of certified
teachers in the previous school year and there is a projected shortage
in the current school year as determined by the commissioner.

b. The term "certified teacher" means a teacher who holds a state
teaching certificate appropriate to the teaching position, including the
subject area if applicable, in which he or she is to be employed.

c. The term "school district" shall mean a common, union free,
central, central high school, or city school district.

d. The term "board of education" shall mean the governing board of any
public school or public school district defined in paragraph c of this
subdivision.

e. The term "low performing school" shall mean a school building which
is under registration review or a school building performing
significantly below state standards as defined by the commissioner.

f. The term "year of service" shall mean ten months of continuous
full-time service as a teacher during a school year, generally occurring
between September first and June thirtieth.

2. Application and funding. a. Grants shall be made to school
districts for teacher recruitment, retention and certification
activities necessary to increase the supply of qualified teachers in
school districts experiencing a teacher shortage in accordance with
subdivisions three, four, five, seven and eight of this section and in
school districts containing a low-performing school pursuant to
subdivision six of this section.

b. Such grants shall be awarded to school districts, within the limits
of funds appropriated therefor, through a competitive process that takes
into consideration the magnitude of any shortage of teachers in the
school district, the number of teachers employed in the school district
who hold temporary licenses to teach in the public schools of the state,
the number of provisionally certified teachers, the fiscal capacity and
geographic sparsity of the district, the number of new teachers the
school district intends to hire in the coming school year and the number
of summer in the city student internships proposed by an eligible school
district, if applicable. Grants provided pursuant to this section shall
be used only for the purposes enumerated in this section.
Notwithstanding any other provision of law to the contrary, a city
school district in a city having a population of one million or more
inhabitants receiving a grant pursuant to this section may use no more
than eighty percent of such grant funds for any recruitment, retention
and certification costs associated with transitional certification of
teacher candidates for the school years two thousand one--two thousand
two through two thousand twenty-three--two thousand twenty-four.

c. Not more than sixty percent of the funds allocated pursuant to this
section shall be made available to any one school district and provided
further that a city school district in a city with populations in excess
of one million inhabitants may, notwithstanding any other provision of
this section, allocate a portion of the grant received pursuant to this
section for teacher recruitment and outreach activities provided that
any allocation for teacher recruitment and outreach activities shall not
exceed two hundred twenty-five thousand dollars.

d. In allocating grants pursuant to this section, a school district
shall give priority in the following order:

(1) first, to a school under registration review that is designated as
a teacher shortage area;

(2) second, to any school performing significantly below state
standards as defined by the commissioner; and

(3) third, to any school that is designated as a teacher shortage
area.

e. Any school district receiving funds under this section shall
maintain any local effort in the current year equivalent to such effort
in the base year for any local program related to the recruitment or
retention of teachers or any program that has purposes that are similar
to any purpose of this section or the district shall provide a local
match to state funds received pursuant to this section. State funds
provided pursuant to this section shall not supplant local funds for any
purpose similar to the purposes of this section.

f. Applications by a school district for funding pursuant to this
section shall be filed with the commissioner, in a form determined by
the commissioner, by June first of the base year and school districts
shall be notified of their grant award by June thirtieth of the base
year, provided that in any year such application and award dates may be
modified by the commissioner for the reasonable administration of the
program. Such application shall include a plan by the school district
for the expenditure of the funds in each category of allowable expenses
authorized by subdivisions three, four, five, six, seven and eight of
this section, and such expenditures shall be consistent with such plan
and the provisions of this section.

g. A person receiving an award pursuant to any subdivision of this
section shall not be eligible for an award pursuant to any other
subdivision of this section in a school year.

3. Teachers of tomorrow teacher recruitment incentive program.
Teachers of tomorrow teacher recruitment incentive awards may be
available to teachers pursuant to the provisions of this subdivision to
attract teachers to employment in teacher shortage areas.

a. Eligibility. To be eligible for an award pursuant to this
subdivision, an applicant shall:

(1) have initial, provisional, permanent or professional certification
to teach in New York state;

(2) agree to a service obligation of one year of service in a teacher
shortage area as a condition of receiving an award pursuant to this
subdivision; and

(3) be employed for the first time as a teacher in the school
district.

b. Application and selection. (1) The board of education shall
determine the form of the application and the application process for
teachers deemed eligible for the award, and shall in its discretion
select the number of eligible applicants who will receive an award
pursuant to this subdivision.

(2) If the number of eligible applicants exceeds the number of awards
determined by the board pursuant to this subdivision then the board
shall use an objective competitive process based on educational
qualifications to determine which eligible applicants shall receive
awards.

c. Payment of awards. (1) Annual awards from state and local funds
provided for this purpose shall be paid by the board of education to the
award recipient. Award recipients shall be entitled to receive awards
pursuant to the provisions of this subdivision and such awards shall be
in addition to and not part of any award recipient's base salary.

(2) The initial annual award shall be three thousand four hundred
dollars, and such initial award may be renewable each year, for up to
three additional years, provided that the recipient agrees to one year
of service as a full-time teacher in a teacher shortage area for each
year of a renewed award and has provided satisfactory service in any
prior year in which an initial or renewed award was granted to the
recipient. No awards shall be made for less than one school year of
service and the sum of any initial and renewed awards shall not exceed
thirteen thousand six hundred dollars.

Awards made pursuant to this subdivision shall be used to reimburse
any educational costs, including those for which student loans may have
been taken, incurred by the recipient prior to receipt of the award for
certification as a teacher in the public schools of the state.

(3) The board of education shall develop and secure from the award
recipient a written agreement outlining the service obligation. Such
agreement shall include provisions for the recipient to repay the amount
of the award to the school district if the recipient fails to complete
their service obligation in any year where an initial or renewed award
is granted, and such repaid amounts shall be deducted from any grant
amounts due to the district from the state pursuant to this section.
Upon a written appeal by an award recipient, the board of education, in
its discretion, may provide a waiver of repayment provisions for an
award recipient who fails to complete his or her service requirement for
documented reasons of health or other severe hardship, as determined by
the commissioner.

d. Notification. The board of education shall notify both successful
and unsuccessful applicants by September first of any school year for
which an initial or renewed award is provided to teachers pursuant to
this subdivision.

4. Teachers of tomorrow certification stipends. Teachers of tomorrow
certification stipends may be available to eligible teachers pursuant to
this subdivision for the purpose of providing additional training and
education required for the applicants to obtain initial or provisional
certification. Such additional training and education may be held during
the summer or during any other season or time of the year.

a. Eligibility. To be eligible for an award pursuant to this
subdivision, an applicant shall:

(1) provide proof that he or she has received a temporary license to
teach from the commissioner and at the time of application does not hold
any initial, provisional, permanent or professional certification to
teach in the public schools of the state; and

(2) agree to a service obligation of one year of service in a teacher
shortage area as a condition for receiving an award pursuant to this
subdivision.

b. Application and selection. (1) The board of education shall
determine the form of the application and the application process for
teachers deemed eligible for the award, and shall in its discretion
select the number of eligible applicants who will receive an award
pursuant to this subdivision.

(2) If the number of eligible applicants exceeds the number of awards
determined by the board pursuant to this subdivision then the board
shall use an objective competitive process based on educational
qualifications to determine which eligible applicants shall receive
awards.

c. Payment of awards. (1) Annual awards from state and local funds
provided for this purpose shall be paid by the board of education to the
award recipient. No award shall be made for less than one year of
service.

(2) Allowable expenses. Awards may be used for the payment of expenses
incurred by the recipient for the following purposes:

(i) tuition charged for test preparation workshops intended to prepare
recipients to pass teacher certification exams required for initial or
provisional teacher certification, which shall be provided by the board
of education either through a contract for such services or by providing
such services through employees of the board of education; and

(ii) tuition charged for any additional coursework at an accredited
institution of higher education required of the recipient to receive
initial or provisional teacher certification, as determined by the
commissioner.

(3) Certification stipends of two thousand dollars each may be
provided pursuant to this subdivision to award recipients. Fifty percent
of each award amount shall be payable from state funds provided to the
school district pursuant to this section and the remaining fifty percent
shall be payable by the board of education from other sources of
revenue, provided that if the board of education elects to provide the
services described in clause (i) of subparagraph two of this paragraph
then such remaining fifty percent share may be paid by the board through
in-kind direct services to the award recipient.

(i) Awards shall be paid to award recipients upon proof of the
recipient's expenditure for allowable expenses as provided for in
clauses (i) and (ii) of subparagraph two of this paragraph.

(ii) Such awards shall be in an amount of two thousand dollars per
award or the actual expenses incurred by the recipient, whichever is
less.

(iii) No person shall be eligible for more than one award pursuant to
this subdivision.

(4) The board of education shall develop and secure from the award
recipient a written agreement outlining the service obligation. Such
agreement shall include provisions for the recipient to repay the amount
of the award to the school district if the recipient fails to complete
their service obligation in any year where an award is granted, and such
repaid amounts shall be deducted from any grant amounts due to the
district from the state pursuant to this section. Upon a written appeal
by an award recipient, the board of education, in its discretion, may
provide a waiver of repayment provisions for an award recipient who
fails to complete his or her service requirement for documented reasons
of health or other severe hardship, as determined by the commissioner.

d. Notification. The board of education shall notify both successful
and unsuccessful applicants by September first of any school year for
which an initial or renewed award is provided to teachers pursuant to
this subdivision.

5. Teachers of tomorrow summer in the city internship program. City
school districts in cities with populations in excess of one hundred and
twenty-five thousand inhabitants shall be eligible to apply for funding
pursuant to this section for summer in the city student internships for
the purpose of attracting prospective teachers to opportunities in urban
education.

a. Eligibility. To be eligible for an award pursuant to this
subdivision, a student shall:

(1) have completed sixty or more hours of credit bearing college
courses, be in good academic standing as determined by the higher
education institution of attendance, have attended an accredited New
York state college or university full-time in the base year, be enrolled
in a registered program for the preparation of teachers at an accredited
New York state institution of higher education or have indicated a
desire to enter the teaching profession, and are recommended by their
college or university to participate in the program.

(2) agree to a service obligation of the full duration of the
internship program, as determined by the board of education.

b. Application and selection. (1) Boards of education in school
districts that are eligible for funding pursuant to this section shall
develop and distribute an application to the accredited colleges and
universities of the state which have approved teacher education
programs. Such application shall include at a minimum a description of
the program including:

(i) the duration of the program which shall operate for at least five
or more weeks during the months of June through August generally;

(ii) the amount of any stipend for the program;

(iii) available housing for the program;

(iv) the training and professional development opportunities afforded
to the student; and

(v) the amount of time the student will spend in direct contact with
children participating in educational activities.

(2) The board of education shall determine the application process for
students deemed eligible for the award, and shall in its discretion
select the number of eligible applicants who will receive an award
pursuant to this subdivision.

(3) If the number of eligible applicants exceeds the number of awards
determined by the board pursuant to this subdivision then the board
shall use an objective competitive process based on educational
qualifications to determine which eligible applicants shall receive
awards.

c. Payment of awards. (1) Annual awards from state funds provided for
this purpose shall be paid by the board of education to the award
recipient. No award shall be made for less than the duration of the
program, as determined by the board of education. Nothing shall prohibit
a board of education from allowing an eligible applicant from
participating in the program more than once, provided the eligible
applicant provided satisfactory service in any prior year as determined
by the board of education.

(2) Allowable expenses. Districts may expend funds pursuant to this
subdivision for:

(i) stipends of up to two thousand dollars per student;

(ii) housing for a portion of the students participating in the
program, which shall include provisions for the students to pay a
portion of the housing costs and to pay a refundable security deposit on
such housing;

(iii) orientation, training and professional development of the
students participating in the program; and

(iv) other expenses appropriate to the operation of the program, as
approved by the commissioner.

(3) The board of education shall develop and secure from the award
recipient a written agreement outlining the service obligation. Such
agreement shall include provisions for the recipient to repay the amount
of any stipend provided pursuant to this subdivision to the school
district if the recipient fails to complete their service obligation for
any year where an award is granted, and such repaid amounts shall be
deducted from any grant amounts due to the district from the state
pursuant to this section. Upon a written appeal by an award recipient,
the board of education, in its discretion, may provide a waiver of
repayment provisions for an award recipient who fails to complete his or
her service requirement for documented reasons of health or other severe
hardship, as determined by the commissioner.

d. Colleges and universities may provide credit for the summer in the
city program and may charge a fee for such credit or provide the credit
free of charge. Participation in the summer in the city program shall
qualify as a field experience for purposes of any graduation or
certification requirement. Students eligible for the program shall
submit their application to the board of education by the date
determined by the board of education.

e. Notification. The board of education shall inform eligible
applicants of their selection for the program by a date determined by
the board of education.

6. New York state master teacher program. a. New York state master
teacher awards may be available to teachers pursuant to the provisions
of this subdivision to attract highly qualified, experienced, expert
teachers to low performing schools.

b. The commissioner shall establish and maintain a list of persons
eligible to serve as master teachers for the purposes of this
subdivision.

c. School districts eligible to participate in this program are those
districts which contain a school building that has been designated as a
low performing school.

d. Such school districts, upon notification of eligibility by the
commissioner, may apply for funding pursuant to this section to obtain
master teachers to serve in low performing school buildings.

e. Eligibility. A person shall be eligible to serve as a master
teacher if he or she meets the following criteria:

(1) he or she has received national board certification from the
National Board for Professional Teaching Standards.

(2) he or she is to be employed full-time for the school year by a
public school designated as a low performing school.

(3) he or she agrees to a service obligation of three years of service
in a low performing school as a condition of receiving awards pursuant
to this subdivision.

f. Application and selection. (1) The board of education shall
determine the form of the application and the application process for
teachers deemed eligible for the award, and shall in its discretion
select the number of eligible applicants who will receive an award
pursuant to this subdivision.

(2) If the number of eligible applicants exceeds the number of awards
determined by the board pursuant to this subdivision then the board
shall use an objective competitive process based on educational
qualifications to determine which eligible applicants shall receive
awards.

g. Payment of awards. (1) Annual awards from state funds provided for
this purpose shall be paid by the board of education to the award
recipient.

(2) The initial annual award shall be ten thousand dollars, and such
initial annual award may be renewable each year, for two additional
years, provided that the recipient has provided satisfactory service in
any prior year in which an initial or renewed annual award was granted
to the recipient and the recipient continues to fulfill his or her
service obligation. No annual awards shall be made for less than one
year of service and provided further that the sum of any initial and
renewed annual awards shall not exceed thirty thousand dollars.

(3) The board of education shall develop and secure from the award
recipient a written agreement outlining the service obligation. Such
agreement shall include provisions for the recipient to repay the amount
of the annual award to the school district if the recipient fails to
complete a year of service in any year where an initial or renewed award
is granted, and such repaid amounts shall be deducted from any grant
amounts due to the district from the state pursuant to this section.
Upon a written appeal by an award recipient, the board of education, in
its discretion, may provide a waiver of repayment provisions for an
award recipient who fails to complete his or her service requirement for
documented reasons of health or other severe hardship, as determined by
the commissioner.

h. Each board of education and particular master teacher shall agree
to a three-year term in an eligible school building for each master
teacher appointment and each master teacher shall be assigned partner
classroom teachers. In addition to assigned teaching duties, activities
to be undertaken by the master teacher shall include, but are not
limited to, engaging in daily and long-term planning and assessment with
partner teachers, modeling teaching techniques and strategies, and
serving as classroom experts who provide ongoing support to teachers and
children.

i. Upon completion of such master teacher's term of participation in
the program, the master teacher shall have the right to return to the
position he or she held immediately prior to appointment as a master
teacher without loss of tenure, seniority or other employment rights.

j. Notification. The board of education shall inform eligible
applicants of their selection for the program by a date determined by
the board of education.

7. Teacher recruitment tuition reimbursement program. A tuition
reimbursement program may be available to teachers pursuant to the
provisions of this subdivision, as an incentive to attract qualified
teachers to teacher shortage areas.

a. Definition. The term "approved course" shall mean a course in a
registered program for the preparation of teachers at an accredited New
York state institution of higher education which is taken towards
meeting requirements for permanent certification to teach in the public
schools of the state.

b. Eligibility. A person shall be eligible for a tuition reimbursement
award if he or she meets the following criteria:

(1) has received initial or provisional certification to teach in the
public schools of the state and does not hold any permanent or
professional certification to teach in the public schools of the state;

(2) he or she is employed full-time for the school year by a public
school designated as a teacher shortage area; and

(3) he or she agrees to a service obligation of one year of service in
a teacher shortage area as a condition of receiving the award.

c. Application and selection. (1) The board of education shall
determine the form of the application and the application process for
teachers deemed eligible for the award, and shall in its discretion
select the number of eligible applicants who will receive an award
pursuant to this subdivision.

(2) If the number of eligible applicants exceeds the number of awards
determined by the board pursuant to this subdivision then the board
shall use an objective competitive process based on educational
qualifications to determine which eligible applicants shall receive
awards.

d. Payment of awards. (1) Annual awards from state funds provided for
this purpose shall be paid by the board of education to the award
recipient.

(2) The initial reimbursement award shall be seven hundred dollars or
the actual cost of one approved course, whichever is less, provided that
a recipient shall be eligible to receive three initial reimbursement
awards in the school year. Such initial award shall be renewable for up
to one additional year and such renewed reimbursement award shall be
seven hundred dollars or the actual cost of one approved course,
whichever is less, provided that a recipient shall be eligible to
receive three renewed reimbursement awards in the school year, and
provided further that such eligible teacher has provided satisfactory
service in the prior year as determined by the board of education to be
eligible for any initial or renewed reimbursement awards. In no case
shall the sum of any initial and renewed reimbursement awards exceed
four thousand two hundred dollars.

(3) The board of education shall develop and secure from the award
recipient a written agreement outlining the service obligation. Such
agreement shall include provisions for the recipient to repay the amount
of any reimbursement awards received to the school district if the
recipient fails to complete a year of service in any year where any
initial or renewed awards are granted, and such repaid amounts shall be
deducted from any grant amounts due to the district from the state
pursuant to this section. Upon a written appeal by an award recipient,
the board of education, in its discretion, may provide a waiver of
repayment provisions for an award recipient who fails to complete his or
her service requirement for documented reasons of health or other severe
hardship, as determined by the commissioner.

e. After February first, two thousand four, any course for which
tuition reimbursement is made shall not be counted toward any continuing
education required of persons certified to teach in the public schools
of the state.

f. Notification. The board of education shall inform eligible
applicants of their selection for the program by a date determined by
the board of education.

8. Summer teacher training program. In a city school district with a
population of one million or more, intensive summer teacher training may
be provided pursuant to this subdivision to certified teachers teaching
in a teacher shortage area that will be employed for the first time in
the city school district as a certified teacher.

a. Eligibility and selection. Such training may be provided to
teachers who hold initial, provisional, permanent or professional
certification to teach in the public schools of the state who will be
employed for the first time in the city school district. The board of
education shall establish a selection process by which new teachers are
chosen to participate in this program. Such process at a minimum shall
include:

(1) proof that the applicant has received, or is eligible to receive,
initial, provisional, permanent or professional certification to teach
in the public schools of the state; and

(2) proof that the applicant will be employed for the first time in
the city school district as a certified teacher in a teacher shortage
area.

b. Allowable expenses. Funds provided for summer teacher training may
be used for the payment of expenses incurred by the district for
training and orientation of certified teachers employed by the district
for the first time including team teaching with cooperating teachers,
observing summer school classes, and training on meeting new standards
and assessments provided such expenditures from state funds for this
purpose shall not exceed one thousand dollars per eligible participant.
Nothing in this subdivision shall limit the expenditure of local funds
for the purposes of this subdivision.

9. Science, mathematics and bilingual education tuition reimbursement
program. Of the amount appropriated for purposes of this section for
grants to school districts for the two thousand seven--two thousand
eight school year and thereafter, five million dollars ($5,000,000)
shall be made available for a science, mathematics and bilingual
education tuition reimbursement program developed by the commissioner to
attract qualified teachers who have received or will receive a
transitional teaching certificate, to teach mathematics, science, or
bilingual education in a low-performing school.

10. Reporting. By November first following the completion of each
school year, the commissioner shall report to the governor and the
legislature regarding the teachers of tomorrow teacher recruitment and
retention program. Such report shall list the amount of each school
district's total grant pursuant to this section, the uses of the grant
by each eligible category of expense, the number of awards granted by
type pursuant to this section and, if applicable, the number of persons
receiving more than one award of a single type or more than one type of
award and the number of such awards for these individuals, as well as an
analysis of the effectiveness of the program in recruiting and retaining
teachers in the public schools of the state designated as teacher
shortage areas.