The DOE posts available openings at its Open Market Web site.

Some Essential Things to Know continued

...About Position Changes

Transfers

Under the “open market” transfer system, all teachers have greater rights to transfer to another school and many more teachers are taking advantage of them. It is a way to match teachers with schools in which they want to work.

Teachers who want to transfer are now free to seek positions in any district, in any school with vacancies, with no restrictions.

• Schools must begin to advertise their vacancies on the Open Market Web site starting April 15.
• If the new school wants to hire you, you do not need permission or a release from your current principal and can transfer freely through Aug. 7.
• Visit the UFT Grapevine School Review Bulletin Board to see what your colleagues have to say about schools throughout the system. Go to www.uft.org/member/transfer.

Excessing

Excessing occurs when a school has more teachers in a specific license area than it needs because of a loss of students or funding. Excessing can also occur when schools close or are reorganized. Excessing is done in reverse seniority order within each license area; the person with the least seniority in that license area would be the first one excessed.

Excessing seniority is determined by your total time in the New York City school system.
By June 15, or as soon thereafter as possible, principals must notify staff if they are at risk of being excessed. If you are excessed you may apply for vacancies citywide under the open market transfer system.

If you do not secure a position you still have a job with all your benefits and your regular rate of pay. This job security provision was part of the contract that eliminated all forced transfers, and created the open market. The DOE will assign you to an Absent Teacher Reserve (ATR) position either in the school from which you were excessed or in another school in the same district. An ATR position is a full-time job substituting for absent teachers in that school. You may continue to seek a regular teaching position while you are an ATR.

To be sure your seniority information is correct, check the excessing list in your school, available from your chapter leader. Depending on the situation and the number of teachers affected, rules for excessing of staff sometimes can be complicated. If you have any questions always ask your chapter leader or call your UFT borough office.

...About Appointment, Probation and Tenure

Appointment

When a New York City school permanently hires you to fill a vacancy you are “appointed” to that position. Your appointment must match your state certification by both subject and level. If your appointment or your teaching assignment does not match your state certification, speak to your chapter leader or call your UFT borough office immediately.

The State Education Department has very strict certification rules, and if they are not met you can be dismissed regardless of your classroom performance. You can be appointed under one license at a time, and your license area of appointment determines the area in which you will be granted tenure. Sometimes your certification permits you to be appointed under another license; however, if you agree to switch to a new appointment you are on probation again. In addition, if you switch to another license before you receive tenure in your first license you must serve probation in that license, and there may be other ramifications. Contact your UFT borough office before you switch your license. In any case, your salary does not change when your license changes. Be sure you check with your payroll secretary that your appointment date is correctly entered in the computer.

The Probationary Period

After you are appointed to a position, state law requires you serve a three-year probationary period. During that time supervisors are supposed to observe you in your classroom several times a year and evaluate you in more than 20 categories including classroom management, lesson planning, presentation skills and how you will use the data from student test scores to help you as you plan instruction. You will receive a rating for each observation.

Generally, at the end of three years of satisfactory service, you will be entitled to due process rights under Section 3020a of the state Education Law, which governs the discipline and dismissal of tenured teachers. This is commonly called acquiring tenure, but it is effectively the completion of your probationary period. Your completion of probation is indicated on the back of the annual performance review (rating sheet) that you receive at the end of the school year.

If the DOE intends to discontinue, that is, terminate, your service at any time prior to the completion of your probationary period you must be given 60 calendar days' notice. If you are discontinued, call your UFT borough office. They will assign an advocate to assist you in fighting the termination.

Sometimes a principal will ask you to sign a document stating that you agree to an extension of your probationary period beyond the three years. If this occurs contact your chapter leader or your UFT borough office immediately so we can arrange, if necessary, for an attorney to review the document in order to protect your rights as a probationary teacher.

There are two ways to reduce your probationary period:

• If you worked satisfactorily as a regular substitute in the same license and in the same school level you can reduce the normal three-year probationary period by up to two years. This is called Jarema Credit and you should apply if you think you are eligible. Click here for the application form.
• Another way is called “traveling tenure.” If you received tenure in one license area and elect to take an appointment in a new license area or if you were tenured in another school district in New York State, you should apply to have your probationary period reduced to two years.

If you think you are eligible for either of these options, or have any questions, contact your UFT borough office.

Tenure

Under New York State law, appointed teachers achieve tenure after completing a probationary period (usually three years) and fulfilling all requirements for the professional certificate. In New York City, tenure is granted in your license appointment area. Having tenure means you may not be disciplined or terminated without due process.

As a tenured teacher you have the right to a hearing before an independent arbitrator regarding any charges brought against you. This due process right protects you from being fired for personal, arbitrary or political reasons.

As described above, the process for determining whether or not you will get tenure is rigorous, and tenure is not automatic at the end of the probationary period.

You must:

• Complete all your state certification and city licensing requirements, file an application and receive professional certification.
• Have a record of satisfactory service during your probationary period.
• Be recommended for tenure by your principal.

Your Work Day and Work Year

Specifying the length of the school day is more complicated than it might seem:

• In single-session schools, the regular school day for classes is 6 hours and 20 minutes, exclusive of lunch.
• Teachers also work 37.5 minutes, usually after student dismissal, Monday through Thursday. During this time, they tutor students — up to 10 general ed students or five special ed students — to prepare them for tests or engage in small-group instruction.
• The day cannot start earlier than 8 a.m. or go later than 3:45 p.m., Monday through Friday.
• Faculty conferences are scheduled one Monday a month, for up to 40 minutes. But even on those days the school day may not end later than 3:45 p.m.
• In District 75 (citywide special education) buildings and District 75 self-contained classes in other school sites, the school day may be 6 hours and 50 minutes.
• Non-District 75 self-contained special education classrooms have either a 6 hour and 50 minute day, or a 6 hour and 37.5 minute day Monday through Thursday and 6 hours and 20 minutes on Friday.

Professional Development Time

• Faculty and grade conference time should be used for professional development.
• Professional days (students not present):

• On professional development days, the school day is 6 hours and 50 minutes.

Work Year

• The school year in New York City normally ranges from 183 –191 days, depending on when the holidays fall.
• You report to your school on the Tuesday after Labor Day. Most of this time is allocated to classroom preparation (students are not present).
• Generally, the school year ends on the weekday before the last Monday in June.
• The school holidays are:

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