Student Assignment Hardship Waiver (Education Law §3012-d)

Teacher helping student at desk

Pursuant to Education Law §3012-d(8) and section 30-3.14 of the Rules of the Board of Regents, a student may not be instructed, for two consecutive school years, in the same subject, by any two teachers in the same district/BOCES who received an overall APPR rating of Ineffective in the prior school year.  However, if a district/BOCES deems it impracticable to comply with this requirement, the district/BOCES must seek a teacher-specific waiver on a form and in a timeframe prescribed by the Commissioner (i.e., the “Student Assignment Hardship Waiver”).

Student Assignment Hardship Waiver Application

The Student Assignment Hardship Waiver application is available, beginning August 1 of each year, on NYSED’s Application Business PortalPlease note: This application must be completed online through the NYSED’s Application Business Portal.

The Student Assignment Hardship Waiver must be renewed on an annual basis. Renewal applications must be submitted by October 15 of the school year for which the waiver is sought.