WHEN ARE TEACHERS AND SRPs ENTITLED (AND NOT ENTITLED) TO BE PAID?

Remember in September of 2008 when school employees went through a long stretch of time between the first day of work in the school year and the first paycheck? This is referred to in some households as a “macaroni and cheese” period!! Local leaders were confronted by many concerned, and sometimes, angry members. Why did the school district seem to behave so cruelly?

The reason is that school districts have no choice. Pursuant to education law and decisions by the Commissioner of Education, neither a school district nor a BOCES can pay teachers in advance for service they have not yet rendered. For example, a school district cannot pay teachers returning to duty at the beginning of the school year two weeks salary, before they work for two weeks. This court ruling came in a 1994 case our of the Ramapo Central School District in which payment of teachers prior to their performance of the work was ruled to be a “gift of public funds” and is, therefore, a violation of the Constitution of the State of New York.

Further, pursuant to education law and decisions by the Commissioner of Education, the salary of a teacher employed for a full school year must be paid in at least ten (10) installments. In addition, if a school district employs a teacher after July 1 in any school year, the district must pay the teacher’s salary at least once in each month during the school year in which the teacher is employed. Please note that method of payment of salary (including number of paychecks, direct deposit, etc)is a mandatory subject of bargaining, provided that the contract does not violate the law. For further explanation please contact your LRS.

SOURCE: The Elmsford Edge