Meeting of the Board of Regents | March 2009

THE STATE EDUCATION DEPARTMENT / THE UNIVERSITY OF THE STATE OF NEW YORK / ALBANY, NY 12234

TO:	VESID Committee
FROM:	Rebecca H. Cort    Theresa E. Savo
SUBJECT:	Proposed Amendments of the Regulations of the Commissioner of Education for the New York State Schools for the Deaf and the Blind at Rome and Batavia
DATE:	February 27, 2009
STRATEGIC GOAL:	Goal  6
AUTHORIZATION(S):

SUMMARY

Issue for Decision (Consent Agenda)

Approval of proposed amendments to the Personnel Regulations of the Commissioner of Education relating to State Schools for the Deaf and the Blind at Rome and Batavia.

Reason(s) for Consideration

Review of Regulations.       

Proposed Handling

The proposed amendments to the Regulations will be presented to the VESID Committee for discussion and approval, and to the full Board of Regents for action, at their March 2009 meeting.

Procedural History

Amendments were last made to the Regulations in 2005.  In 2007 and 2008, SED management met with employee representatives to recommend and negotiate changes to the benefits and terms and conditions of employment of the professional staff at the State Schools for the Deaf and the Blind at Rome and Batavia.  These changes must be approved as amendments to Chapter VII of the Regulations of the Commissioner of Education, pursuant to Sections 4307 and 4354 of the Education Law.  The proposed amendments are attached.

Background Information

The professional staff at the State Schools for the Deaf and the Blind at Rome and Batavia are in the unclassified service of New York State.  As such, they are not covered under the Civil Service System or the union contracts for the Public Employees Federation.  Their terms and conditions of employment are defined in Memoranda of Agreement and Understanding between the State of New York and the Public Employees Federation, and the Regulations of the Commissioner of Education pursuant to Sections 4307 and 4354 of the Education Law.  The Memoranda of Agreement and Understanding were renegotiated and settled in 2008.  The Regulations require amendments to provide changes in the benefits and terms and conditions of employment.  These changes provide the professional staff at the State Schools the same or comparable benefits and terms and conditions of employment as other State employees.

Recommendation

It is recommended that the Regulations of the Commissioner be amended in accordance with the attached draft, and that the Regents take the following action:

VOTED that sections 860.1, 861.1, 871.1, 872.1 and 875.3 of the Regulations of the Commissioner be amended and section 875.7 of the Regulations of the Commissioner be added, as submitted, effective March 17, 2009.

Timetable for Implementation

If adopted by the Board of Regents, the Regulations will become effective on March 17, 2009.

Attachments

 

AMENDMENT OF THE REGULATIONS OF THE COMMISSIONER OF EDUCATION        

Pursuant to Education Law sections 4307 and 4354

1.  Section 860.1 of the Regulations of the Commissioner of Education is amended, effective March 17, 2009, as follows:

Section 860.1 Definitions.  As used in this Chapter:

(a)  .   .   .

(b)  .   .   .

(c)  .   .   .

(d)  .   .   .

(e)  .   .   .

(f)  Personal leave means leave with pay for personal business, including religious observances.

(g)  Tenured employee means an employee who has successfully completed a probationary period at the school.

[(g)] (h)  Appointment means the act of designating a person to serve as an employee in a specific position.

[(h)] (i)  Suspension means a temporary removal from the payroll.

[(i)] (j)  Appointment officer means the [Superintendent] Director of Human Resources or his/her designated representative having the power of appointment to subordinate positions.

[(j)] (k)  Department means the New York State Education Department.

[(k)] (l)  Superintendent means the Superintendent of the New York State School for the Deaf at Rome and the New York State School for the Blind at Batavia.

[(l)] (m)  PS&T Unit Agreement means the current agreement between the State of New York and the exclusive bargaining representative for the Professional, Scientific and Technical Services Unit employees.

[(m)] (n)  Memorandum of Understanding means the current Rome/Batavia Agreement between the State of New York and the exclusive bargaining representative for the PS&T Unit employees in the unclassified service at the New York State School for the Blind and the New York State School for the Deaf.

[(n)] (o)  Departmental [memorandum] Memorandum of Agreement means the current Rome/Batavia Agreement between the New York State Education Department and the exclusive bargaining representative for the PS&T Unit employees in the unclassified service at the New York State School for the Blind and the New York State School for the Deaf.

[(o)] (p)  PEF means the Public Employees Federation, AFL-CIO.

2.  Section 861.1 of the Regulations of the Commissioner of Education is amended, effective March 17, 2009, as follows:

Section 861.1  Appointment and Promotion

(a)  .   .   .  

(b)  .   .   .  

(c)  .   .   .

(d)  .   .   .  

(e)  .   .   .  

(f)  As an appendix to these personnel regulations is attached the Memorandum of Understanding, including a salary schedule which has been approved by the Director of the Budget, listing salaries, lateral step increases, longevity steps and salary differentials for graduate work.  No change in such salary schedule may become effective prior to approval by the Director of the Budget.

(g)  Any employees, except those serving in 12-month positions, who are required to work in their position or in any other position allocated to a salary grade in [section] Section 130 of the Civil Service Law outside of their required work year, as defined in the Memorandum of Understanding, shall receive additional compensation for such service.

3.  Section 871.1 of the Regulations of the Commissioner of Education is amended, effective March 17, 2009, as follows:

Section 871.1 Credits

(a)  School year employees shall be credited with sick leave of 12 days per year, of which 6 days shall be advanced at the beginning of each [school] semester.  

(b)  .   .   .

(c)  Special Education Assistants shall be credited with 11 days of sick leave per year at the rate of 3 hours per pay period plus an additional adjustment of 4 1/2 hours to be credited on their anniversary date[.] ; provided that beginning with the pay period that includes September 1, 2010, Special Education Assistants shall be credited with 12.5 days of sick leave per year at the rate of 3.5 hours per pay period plus an additional adjustment of 2.75 hours to be credited on their anniversary date.

(d)  .   .   .  

4.  Section 872.1 of the Regulations of the Commissioner of Education is amended, effective March 17, 2009, as follows:

Section 872.1  Credit

Employees shall be entitled to personal leave to be credited as follows:

(a)  Except as provided in paragraph (b) and (c) below, an employee shall be credited with 30 hours personal leave each year beginning September 1.  Any such employee appointed or reinstated after September 1 shall be credited with a prorated amount of personal leave determined by the percentage of time remaining in that employee’s work year.  Beginning on September 1, 2008, employees shall be credited with 30 hours of personal leave each year on their anniversary date.  For school year 2008-2009 only, employees shall also receive a prorated amount of personal leave on September 1 to cover the period from September 1, 2008 to their anniversary date.  The prorated amount shall be based on the workdays in the 2008-2009 school year that have elapsed between September 1, 2008 and the employee’s next anniversary date.  This prorated amount must be used no later than 20 working days following the employee’s anniversary date.  Any unused amount shall be forfeited on the 21st working day following the employee’s anniversary date.

(b)  .   .   .  

(c)  Special Education Assistants shall be credited with 31.5 hours of personal leave each year beginning September 1.  Any Special Education Assistant appointed or reinstated after September 1 shall be credited with a prorated amount of personal leave determined by the percentage of time remaining in that employee’s work year.  Effective September 1, 2010, Special Education Assistants shall be credited with 36 hours of personal leave.  Beginning on September 1, 2008, Special Education Assistants shall be credited with personal leave each year on their anniversary date.  For school year 2008-2009 only, Special Education Assistants shall also receive a prorated amount of personal leave on September 1 to cover the period from September 1, 2008 to their anniversary date.  The prorated amount shall be based on the workdays in the 2008-2009 school year that have elapsed between September 1, 2008 and the employee’s next anniversary date.  This prorated amount must be used no later than 20 working days following the employee’s anniversary date. Any unused amount shall be forfeited on the 21st working day following the employee’s anniversary date.

[(c)] (d)  Personal leave shall not be cumulative and any personal leave credits remaining unused by an employee on the date immediately preceding the anniversary date upon which he/she is entitled to receive new personal leave credits hereunder shall be canceled.  Unused personal leave shall not be liquidated in cash [as] at the time of separation, retirement or death.  Personal leave may be drawn only at a time convenient to and approved in advance by the Superintendent or his/her designee, provided however, that personal leave for religious observance shall be granted on the days and hours required, insofar as the same may be granted at such time without interference with the proper conduct of necessary functions.  The Department shall not require an employee to give a reason as a condition for approving the use of personal leave.  Personal leave shall be used in not less than one-quarter hour units.

[(d)  Special Education Assistants shall be credited with 31.5 hours of personal leave each year beginning September 1.  Any Special Education Assistant appointed or reinstated after September 1 shall be credited with a prorated amount of personal leave determined by the percentage of time remaining in that employee's work year.]

5.  Section 875.3 of the Regulations of the Commissioner of Education is amended, effective March 17, 2009, as follows:

Section 875.3  Extent of Allowable Leave Relating to Pregnancy.

(a)  .   .   .  

(b)  .   .   .  

(c)  The employee will be granted sick leave at full pay during the period set forth in subdivision (b) of this section to the extent of accumulated sick leave credits.  Upon exhaustion of sick leave credits, the employee must charge other leave credits prior to going on leave without pay except as provided in subdivision (f) of this section.

[ (d)  Upon exhaustion of all leave credits a request may be made for sick leave at half-pay for that period of time set forth in subdivision (b) of this section.  No request for sick leave at half-pay will be approved if the employee has enough accumulated leave credits to carry her through the period when she is considered to be disabled. ]

[(e)] (d)  An employee who wishes to use sick leave at half-pay benefits and/or to have a child care leave, shall request such leaves in writing prior to her last day at full pay.  Also, when the birth occurs, the employee shall notify the Business Office as soon as possible so that the exact dates of her leave may be properly determined.

[(f)] (e)  Any employee who does not wish to exhaust all of her vacation credits and does not need to apply for sick leave at half pay, because she intends to return to work after the birth of her child and desires to maintain a bank of leave credits, may reserve up to two weeks of vacation leave before going on leave without pay.

6.  Section 875.7 of the Regulations of the Commissioner of Education is added, effective March 17, 2009, as follows:

Section 875.7  Family and Medical Leave - Designated Absences

Absences designated as Family and Medical Leave Act (FMLA) leave will be treated in accordance with provisions of FMLA.  This includes the use of appropriate credits at the employee’s option during a period of disability due to pregnancy and childbirth.