N.Y. Laws » CHAPTER Education / TITLE Teachers and Pupils / ARTICLE Salaries of Teachers and Supervisors
New York Consolidated Laws

N.Y. Education Law § 3101 (2026)

Definitions

✓ text as retrieved May 2026 (this copy records no edition or section history)
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§ 3101. Definitions.  As used in this article:
  1. "Teachers" shall mean all full-time members of the teaching and
supervisory staff of each school district of the state, including, if
employed in such district, the superintendent of schools, associate,
district or other superintendents, members of the board of examiners,
directors, inspectors, supervisors, principals, administrative
assistants, first assistants, teachers, school psychologists, social
workers in a city having a population of over one million, lecturers and
special instructors, except employees holding the positions enumerated
in subdivisions one and two of section thirty-one hundred six of this
article.
  2. "Year of service" shall mean the number of years which a teacher
has served in the school district in which he is employed including the
year for which a determination for salary purposes is made.
  3. Except in a city having a population of one million or more,
"salary" shall mean the amount of compensation that is to be paid to a
teacher for services rendered during the full ten months period that the
public schools of the district are required by law to be in session
during any school year. For purposes of prorating the salary of a
teacher not rendering all the service required of teachers during such
period, the monthly rate for the services rendered shall be at least one
tenth of the salary and the daily rate at least one two-hundredth of the
salary. If any teacher is required to render services beyond the ten
months period in any school year, the compensation for such additional
services shall be at least the monthly or daily rate used in prorating
the salary.
  4. "Transfer credit" shall mean the credit given by the school
authorities to a teacher for years of service outside the school
district.
Notes of Decisions
Cited in 8 cases, 1986–2009 · leading case: Schneider v. Ambach, 135 A.D.2d 284 (N.Y. App. Div. 3d Dep't 1988).
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Schneider v. Ambach, 135 A.D.2d 284 (N.Y. App. Div. 3d Dep't 1988). · cites it 4× “Therefore, plaintiffs argue, it must have been intended that the definition of "teachers” in the salary article of the Education Law (Education Law art 63; see, Education Law § 3101 [1]), which includes the "supervisory staff of each school district”, should apply.”
Auerbach v. Bd. of Educ. of the City Sch. Dist., 654 N.E.2d 972 (N.Y. 1995). · cites it 2× “achers” (Administrative Code of City of NY § 13-503 [1]), and the term "teacher” is broadly defined by regulation to include numerous nonpedagogical, managerial employees — such as superintendents, department heads, and members of the board of examiners — as well as "all regular…”
Schneider v. Sobol, 558 N.E.2d 23 (N.Y. 1990). “, at 286), and that the Commissioner, in fulfilling his statutory duty to implement the EIT legislation, could determine the class of eligible EIT beneficiaries more restrictively than the class of educators defined as "teacher” under the Education Law (see, Education Law § 3101…”
Auerbach v. BD. OF EDUC., 654 N.E.2d 972 (N.Y. 1995). · cites it 2× “chers" (Administrative Code of City of NY § 13-503 [1]), and the term "teacher" is broadly defined by regulation to include numerous nonpedagogical, managerial employees — such as superintendents, department heads, and members of the board of examiners — as well as "all regular…”
Bd. of Educ. of the North Tonawanda City Sch. Dist. v. Mills, 263 A.D.2d 574 (N.Y. App. Div. 3d Dep't 1999). “Initially, we note that varying definitions of the term are contained in different sections of the Education Law (compare, Education Law § 501 [4], with Education Law § 3101 [1]), indicating that it does not have the same meaning in all contexts.”
Mossey v. Peru Cent. Sch. Dist., 132 Misc. 2d 999 (N.Y. Sup. Ct. 1986). “) The term "salary” is defined in Education Law § 3101 (3): "Except in a city having a population of one million or more, 'salary’ shall mean the amount of compensation that is to be paid to a teacher for services rendered during the full ten months period that the public…”
Jones v. Bd. of Educ., 199 A.D.2d 742 (N.Y. App. Div. 3d Dep't 1993). · cites it 2× “As such, the mandatory salary provisions of Education Law § 3101 (3) do not apply and respondent was authorized to fix the compensation for the position, as it did (see, Education Law § 3101 [1]; Matter of Niver, supra; Matter of Grochowski, supra).”
Suffolk Cnty. Fire Academy Vocational Educ. & Extension Bd. v. New York State, 68 A.D.3d 1523 (N.Y. App. Div. 3d Dep't 2009). “” We are not required to use the definition of salary included in Education Law § 3101 (3), as that statute limits the application of its definitions to Education Law article 63 alone (see Schneider v Ambach, 135 AD2d 284, 286-287 [1988]).”
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