TITLE 16
Education
CHAPTER 16-16
Teachers' Retirement [See Title 16 Chapter 97 The Rhode Island
Board of Education Act]
SECTION 16-16-24
§ 16-16-24 Substitute teaching and
employment after retirement.
(a) Any teacher or athletic coach certified pursuant to chapter 11.1 of this
title who has retired under the provisions of any law of this state may
substitute as a teacher at state schools and in the public schools of this
state for a period of no more than ninety (90) days in any one school year
without any forfeiture of or reduction in the retirement benefits and
allowances the teacher is receiving or may receive as a retired teacher. Notice
of the employment shall be sent monthly to the state retirement board by the
school committee employing the teacher and by the employer and by the retired
teacher at the end of each teaching assignment.
(b) Any teacher or athletic coach certified pursuant to
chapter 11.1 of this title who has retired under the provisions of any law of
this state may be employed to fill a vacant position (including, but not
limited to, employment as a tutor, mentor principal or mentor assistant
principal) by any state school or public school of this state for a period of
no more than ninety (90) days in any one school year without any forfeiture of
or reduction in the retirement benefits and allowances he or she is receiving
or may receive as a retiree. Notice of the employment shall be sent monthly to
the state retirement board by the employer and by the retired teacher.
Provided, however, that no employment may be offered to a retiree subject to
this section after July 1, 2002, unless the employer has made a good faith
effort each school year to fill the position with a nonretired employee without
success, and certifies in writing that it has done so to the employees'
retirement system, and to the bargaining agents of all education unions with
whom the employer has collective bargaining agreements.
(c) Any retired teacher or athletic coach may be employed
pursuant to subsections (a) and (b) of this section, but in no event shall
employment exceed ninety (90) days.
(d) The calculation of the ninety (90) day period in any one
school year shall be determined by either of the following methods:
(1) Three (3) hours shall constitute a half day and the
number of half days shall be limited to one hundred eighty (180) half days
which shall be the equivalent of ninety (90) full days; or
(2) Each period per day shall constitute one-fifth (1/5) of a
teaching day. Any teacher hired to teach two (2) periods per day shall be
deemed to have worked seventy-two (72) full days per year. The computation is
two-fifths times one hundred eighty (2/5 x 180) school days per year which
shall be equivalent to seventy-two (72) full days per year.
History of Section.
(R.P.L. 1957, ch. 71, § 1; P.L. 1967, ch. 193, § 1; P.L. 1985, ch.
257, § 1; P.L. 1988, ch. 84, § 48; P.L. 2000, ch. 334, § 1; P.L.
2000, ch. 458, § 1; P.L. 2001, ch. 199, § 1; P.L. 2001, ch. 289,
§ 1; P.L. 2002, ch. 383, § 1; P.L. 2003, ch. 155, § 1; P.L.
2003, ch. 156, § 1.)
