Only educators holding valid New York State teacher’s certificate are entitled to Jarema service credit in meeting probationary service requirements

Only educators holding valid New York State teacher’s certificate are entitled to Jarema service credit in meeting probationary service requirements
Goldberg and the NYC Department of Education, Decisions of the Commissioner of Education 15763

A per diem substitute teacher and worked for a total of 12 days pursuant to a temporary license allowing him to teach while at the same time working toward certification. The teacher was subsequently assigned to a regular, full-time substitute teaching position and ultimately received a provisional certificate from the State Department of Education as an English teacher.

He was then appointed to a probationary teaching and was given one year of credit towards his probationary period for the two complete terms in which he served as a regular substitute.

The teacher was given an unsatisfactory rating in his annual review and was notified that his services as a probationer would be discontinued. He appealed his termination, claiming that he acquired tenure by estoppel and could not be terminated after that point without a due process hearing held in accordance with Education Law §§3020 and 3020-a. He also argued that that his substitute service qualified for credit of approximately one year, three months and 18 days, and thereby reduced his probationary period as a teacher with the Department pursuant to Education Law §2573(1).

Rejecting the teacher’s appeal the Commissioner of Education cited Education Law §2573(1)(a), which states, in pertinent part, “Teachers ... shall be appointed ... 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 ... the probationary period shall be limited to one year;....”

In addition, the Commissioner noted that “Parallel provisions are found in Education Law §§2509(1)(a) and 3012(1)(a).”

Thus, a teacher can apply service as a “regular substitute” toward completion of the three-year probationary term required for tenure – commonly referred to as “Jarema credit.”

In order to earn Jarema credit, however, a teacher must serve as a regular substitute continuously for at least one school term immediately proceeding the probationary period. The Commissioner also noted, “Jarema credit cannot be given to a regular substitute who does not possess a valid New York State teacher’s certificate.”