Bill Text: NY A05436 | 2019-2020 | General Assembly | Introduced

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Bill Title: Relates to empowering school boards to make decisions regarding employment based on performance, qualifications and the best interests of the students.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2020-07-14 - held for consideration in education [A05436 Detail]

Download: New_York-2019-A05436-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          5436
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                    February 12, 2019
                                       ___________
        Introduced  by M. of A. GOODELL -- read once and referred to the Commit-
          tee on Education
        AN ACT to amend the education law,  in  relation  to  empowering  school
          boards  to  make  decisions regarding employment based on performance,
          qualifications and the best interests of the students
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1.  Subdivision  2 of section 1505-a of the education law, as
     2  added by chapter 871 of the laws of 1982, is amended to read as follows:
     3    2. [Any] Notwithstanding any other provision of law to  the  contrary,
     4  any such teacher who is unable to obtain a teaching position in any such
     5  school district to which territory is added, because the number of posi-
     6  tions needed are less than the number of teachers eligible to be consid-
     7  ered  employees  pursuant  to subdivision one of this section, shall, in
     8  all such school districts to which territory is added, be  placed  on  a
     9  preferred  eligible list of candidates for appointment to a vacancy that
    10  may thereafter occur in a position  similar  to  the  one  such  teacher
    11  filled in such former school district[. The teachers on such a preferred
    12  eligible list shall be appointed to such vacancies in such corresponding
    13  or  similar  positions  under the jurisdiction of the school district to
    14  which territory is added in the order of their length of service in such
    15  former school district, within seven years from the date of the  dissol-
    16  ution  of  such  former  school  district] pursuant to the provisions of
    17  subparagraphs (i), (ii), (iii) and (iv) of paragraph a and  paragraph  b
    18  of  subdivision  thirteen and subdivision thirteen-a of section eighteen
    19  hundred four of this title.
    20    § 2. Section 1804 of the education law is amended by  adding  two  new
    21  subdivisions 13 and 13-a to read as follows:
    22    13.  a.  Notwithstanding  any  other provision of law to the contrary,
    23  whenever a board of education abolishes or reduces a position  or  posi-
    24  tions  under  this  chapter,  the superintendent for the school district
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09343-01-9
        A. 5436                             2
     1  shall recommend which teacher  or  teachers  should  be  retained.  Such
     2  recommendation shall be based on an evaluation of the teacher's perform-
     3  ance,  qualifications  and the educational needs of the school including
     4  but not limited to:
     5    (i)  annual  professional  performance  reviews  conducted pursuant to
     6  section three thousand twelve-c of this chapter;
     7    (ii) student educational achievements, progress and performance;
     8    (iii) teacher educational qualifications, length of  service,  certif-
     9  ications, demonstrated ability and attendance; and
    10    (iv) the needs of the school for particular license areas, curriculum,
    11  specialized education, degrees, or areas of expertise.
    12    The  teacher's salary shall not be a factor in making a recommendation
    13  as to which teacher or teachers shall be retained.  The board of  educa-
    14  tion  shall  exercise  its  discretion  and  shall approve or reject the
    15  recommendations of the superintendent so  as  to  minimize  the  adverse
    16  impact on students and the educational strength of the school district.
    17    b.  If a teaching position is abolished or reduced, the person filling
    18  such position at the time of  its  abolishment  or  reduction  shall  be
    19  placed upon a preferred eligible list of candidates for appointment to a
    20  vacancy  that  then  exists  or  that may thereafter occur in a position
    21  similar to the one which such person filled without reduction in  salary
    22  or  increment,  provided  such  person  has provided faithful, competent
    23  service in the office or position he or she has filled.
    24    13-a. a. Notwithstanding any other provision of law to  the  contrary,
    25  whenever a board of education abolishes or reduces an office or adminis-
    26  trative  positions  under  this  chapter the principal for the school or
    27  other building administrator in charge of the school  or  program  shall
    28  recommend  which  office or administrative positions should be retained.
    29  Such recommendations shall be based upon an evaluation of  the  perform-
    30  ance and qualifications of the individual.
    31    b.  If  an  office or administrative position is abolished or reduced,
    32  the person filling such position at  the  time  of  its  abolishment  or
    33  reduction  shall  be placed upon a preferred eligible list of candidates
    34  for appointment to a vacancy that then exists  or  that  may  thereafter
    35  occur  in  an  office  or  position similar to the one which such person
    36  filled without reduction in salary or increment,  provided  such  person
    37  has  provided  faithful, competent service in the office or positions he
    38  or she has filled.
    39    § 3. Section 1917 of the education law, as added by chapter 732 of the
    40  laws of 1981, is amended to read as follows:
    41    § 1917. Employees; employment rights.  [Teachers] Notwithstanding  any
    42  other provision of law to the contrary, teachers and other staff members
    43  of  component  districts,  except  the  superintendent of schools, whose
    44  services in the component districts are  no  longer  needed  because  of
    45  creation  of a central high school district, shall be granted employment
    46  rights in central high school districts in accordance  with  [length  of
    47  service  in each tenure area] the provisions of subparagraphs (i), (ii),
    48  (iii) and (iv) of paragraph a of subdivision thirteen and paragraph a of
    49  subdivision thirteen-a of section eighteen hundred four of this title.
    50    § 4. Section 1917-a of the education law, as added by  section  93  of
    51  part  L  of  chapter  405  of  the  laws  of 1999, is amended to read as
    52  follows:
    53    § 1917-a. Employees; employment rights; creation of new  central  high
    54  school  district.  1.  [Teachers] Notwithstanding any other provision of
    55  law to the contrary, teachers  and  other  staff  members  of  component
    56  districts,  except  the superintendent of schools, whose services in the
        A. 5436                             3
     1  component districts are no longer needed because of the  creation  of  a
     2  central  high  school  district  or  the  transference of students to an
     3  existing central high  school  district,  shall  be  granted  employment
     4  rights   in  central  high  school  districts  in  accordance  with  the
     5  provisions of this section.
     6    2. As used in this  section,  a  "component  district"  shall  mean  a
     7  central,  union  free  or common school district within the territory of
     8  the central high school district, and a "central high  school  district"
     9  shall  mean  a central high school district existing or created pursuant
    10  to this article.
    11    3. In any case in which a  component  district  sends  students  to  a
    12  central  high  school  district,  each  teacher  and all other employees
    13  previously employed in the education of such students by such  component
    14  district  prior  to  the  time  that  such  component district sends its
    15  students to a central high school district shall be considered employees
    16  of such central high school district, with the same tenure  status  held
    17  in such component district.
    18    For  purposes  of  this  section, when a component district takes back
    19  students that it sent to another district on a tuition basis  and  sends
    20  such  students  to  a  central  high  school district, such central high
    21  school district shall be deemed the "sending district" for  purposes  of
    22  the rights and protections provided in section three thousand fourteen-c
    23  of this chapter.
    24    4. If the number of teaching and other positions needed to provide the
    25  educational  services  required  by such central high school district is
    26  less than the number of teachers and  other  employees  eligible  to  be
    27  considered employees of such central high school district as provided by
    28  subdivision  three  of  this  section, [the services of the teachers and
    29  other employees having the least seniority  in  the  component  district
    30  within  the tenure area of the position shall be discontinued] decisions
    31  about the retention of teachers and other  employees  in  the  component
    32  district  shall  be  made pursuant to subparagraphs (i), (ii), (iii) and
    33  (iv) of paragraph a and paragraph b of subdivision thirteen and subdivi-
    34  sion thirteen-a of section eighteen hundred four of this  title  respec-
    35  tively.    Such  teachers  and other employees not retained as employees
    36  shall be placed on a preferred eligible list of candidates for  appoint-
    37  ment, pursuant to paragraph b of subdivision thirteen and paragraph b of
    38  subdivision  thirteen-a  of section eighteen hundred four of this title,
    39  to a vacancy that may thereafter occur in an office  or  position  under
    40  the  jurisdiction of the component district, the "receiving district" as
    41  defined in section three thousand fourteen-c of this chapter, from which
    42  a component district has taken  back  students,  and  the  central  high
    43  school district similar to the one such teacher or other employee filled
    44  in  such  component  district.  The teachers and other employees on such
    45  preferred lists shall be reinstated or appointed to  such  vacancies  in
    46  such  corresponding  or  similar positions under the jurisdiction of the
    47  component district or the central high school district [in the order  of
    48  their  length  of service in such component district, within seven years
    49  from the date of the abolition of such office or position]  pursuant  to
    50  the  criteria  outlined  in  subparagraphs  (i), (ii), (iii) and (iv) of
    51  paragraph a of subdivision thirteen and paragraph a of subdivision thir-
    52  teen-a of section eighteen hundred four of this title.
    53    5. For any such teacher or other employee as described in  subdivision
    54  three of this section for salary, sick leave and any other purposes, the
    55  length  of service credited in such component district shall be credited
    56  as employment time with such central high school district.
        A. 5436                             4
     1    6. This section shall in no way be construed to limit  the  rights  of
     2  any of such teachers or other employees described in this section grant-
     3  ed by any other provision of law.
     4    § 5. Section 2510 of the education law, as added by chapter 762 of the
     5  laws  of  1950,  subdivision  3 as amended by chapter 240 of the laws of
     6  1992 and paragraph (a) of subdivision 3 as amended by chapter 236 of the
     7  laws of 1993, is amended to read as follows:
     8    § 2510. Abolition of office or position.  1. If the board of education
     9  abolishes an office or position and creates another office  or  position
    10  for  the  performance of duties similar to those performed in the office
    11  or position abolished, the person filling such office or position at the
    12  time of its abolishment shall be appointed to  the  office  or  position
    13  thus  created  without  reduction  in  salary or increment, provided the
    14  record of such person has been one of faithful, competent service in the
    15  office or position he or she has filled.
    16    2. [Whenever] Notwithstanding  any  other  provision  of  law  to  the
    17  contrary,  whenever a board of education abolishes a position under this
    18  chapter, [the services of the teacher having the least seniority in  the
    19  system  within  the tenure of the position abolished shall be discontin-
    20  ued] termination decisions shall be made pursuant to  criteria  outlined
    21  in subparagraphs (i), (ii), (iii) and (iv) of paragraph a of subdivision
    22  thirteen  and  paragraph a of subdivision thirteen-a of section eighteen
    23  hundred four of this title.
    24    3. (a) If an office or position is abolished or if it is  consolidated
    25  with  another position without creating a new position, the person fill-
    26  ing such position at the time of its abolishment or consolidation  shall
    27  be  placed  upon a preferred eligible list of candidates for appointment
    28  to a vacancy that then exists or that may thereafter occur in an  office
    29  or  position  similar  to  the  one  which  such  person filled [without
    30  reduction in salary or increment, provided the record of such person has
    31  been one of faithful, competent service in the office or position he has
    32  filled.   The persons on such preferred  list  shall  be  reinstated  or
    33  appointed  to  such vacancies in such corresponding or similar positions
    34  in the order of their length of service in the system at any time within
    35  seven years from the date of abolition or consolidation of  such  office
    36  or  position]  pursuant  to the provisions of paragraph b of subdivision
    37  thirteen and paragraph b of subdivision thirteen-a of  section  eighteen
    38  hundred  four of this title.  Notwithstanding any other provision of law
    39  to the contrary, in the event that a member of the New York state teach-
    40  ers' retirement system, who is receiving a disability retirement  allow-
    41  ance,  shall  have  such disability retirement allowance rescinded, such
    42  member shall be placed upon such  preferred  eligible  list  as  of  the
    43  effective date of his or her disability retirement.
    44    (b) The persons on such preferred list shall be reinstated, in accord-
    45  ance  with  the  terms  of  paragraph  (a)  of this subdivision, to such
    46  substitute positions of five months or more in  duration,  as  may  from
    47  time  to  time occur without losing their preferred status on such list.
    48  Declination  of  such  reinstatement  shall  not  adversely  affect  the
    49  persons' preferred eligibility status.
    50    § 6. Section 3013 of the education law, as added by chapter 737 of the
    51  laws of 1992, is amended to read as follows:
    52    § 3013. Abolition  of  office or position. 1. [If] Notwithstanding any
    53  other provision of law to the contrary, if a trustee, board of trustees,
    54  board of education or board of cooperative  educational  services  abol-
    55  ishes  an office or position and creates another office or position [for
    56  the performance of duties similar to those performed in  the  office  or
        A. 5436                             5

     1  position  abolished,  the  person filling such office or position at the
     2  time of its abolishment shall be appointed to  the  office  or  position
     3  thus  created  without  reduction  in  salary or increment, provided the
     4  record of such person has been one of faithful, competent service in the
     5  office  or  position he or she has filled], decisions regarding employee
     6  retention shall be made pursuant to the provisions of subdivisions thir-
     7  teen and thirteen-a of section eighteen hundred four of this chapter.
     8    2. [Whenever a trustee, board of trustee, board of education or  board
     9  of  cooperative  educational  services  abolishes  a position under this
    10  chapter, the services of the teacher having the least seniority  in  the
    11  system  within  the tenure of the position abolished shall be discontin-
    12  ued.
    13    3. (a)] If an office or position is abolished or if it is consolidated
    14  with another position without creating a new position, the [person fill-
    15  ing such position at the time of its abolishment or consolidation  shall
    16  be  placed  upon a preferred eligible list of candidates for appointment
    17  to a vacancy that then exists or that may thereafter occur in an  office
    18  or  position  similar  to  the  one  which  such  person  filled without
    19  reduction in salary or increment, provided the record of such person has
    20  been one of faithful, competent service in the office or position he  or
    21  she  has  filled. The persons on such preferred list shall be reinstated
    22  or appointed to such vacancies in such corresponding  or  similar  posi-
    23  tions  in the order of their length of service in the system at any time
    24  within seven years from the date of abolition or consolidation  of  such
    25  office  or  position] provisions of paragraph b of subdivisions thirteen
    26  and thirteen-a of section eighteen hundred four of  this  chapter  shall
    27  control.
    28    [(b)]  3.  The  persons on such preferred list shall be reinstated, in
    29  accordance with the terms of [paragraph (a)]  subdivision  one  of  this
    30  [subdivision]  section,  to  such substitute positions of five months or
    31  more in duration, as may from time to time occur  without  losing  their
    32  preferred  status on such list.  Declination of such reinstatement shall
    33  not adversely affect the persons' preferred eligibility status.
    34    § 7. Section 3014-a of the education law, as amended by chapter 511 of
    35  the laws of 1998, is amended to read as follows:
    36    § 3014-a. Teachers' rights as a result of a board or boards of cooper-
    37  ative educational services taking over a program formerly operated by  a
    38  school  district  or  districts  or by a county vocational education and
    39  extension board. 1. In any case in which a board or  boards  of  cooper-
    40  ative  educational  services  duly  take over the operation of a program
    41  formerly provided by a school district or school districts or by a coun-
    42  ty vocational education and  extension  board,  each  teacher,  teaching
    43  assistant  and  teacher aide employed in such a program by such a school
    44  district or such a county vocational education and  extension  board  at
    45  the  time  of such takeover by the board or boards of cooperative educa-
    46  tional services, shall be considered an employee of such board or boards
    47  of cooperative educational  services  with  the  same  tenure  or  civil
    48  service  status  he or she maintained in such school district or in such
    49  county vocational education and extension board.
    50    2. [If] Notwithstanding any other provision of law to the contrary, if
    51  the number of teaching positions needed to provide the services required
    52  by such program by  the  board  or  boards  of  cooperative  educational
    53  services  is  less  than the number of teachers, teaching assistants and
    54  teacher aides eligible to be  considered  employees  of  such  board  or
    55  boards  of  cooperative  educational services as provided by subdivision
    56  one of this section, [the services of the teachers, teaching  assistants
        A. 5436                             6

     1  and  teacher  aides having the least seniority in the school district or
     2  school districts or county  vocational  education  and  extension  board
     3  whose  programs  are  taken  over  by the board or boards of cooperative
     4  educational  services  within  the tenure area or civil service title of
     5  the position shall be discontinued. Such teachers,  teaching  assistants
     6  and teacher aides shall be placed on a preferred eligible list of candi-
     7  dates  for  appointment  to  a  vacancy  that may thereafter occur in an
     8  office or position under the jurisdiction of  the  board  or  boards  of
     9  cooperative educational services similar to the one such teacher, teach-
    10  ing  assistant and teacher aide filled in such school district or school
    11  districts or such county vocational education and extension  board.  The
    12  teachers,  teaching  assistants and teacher aides on such preferred list
    13  shall be reinstated or appointed to such vacancies in such corresponding
    14  or similar positions under the jurisdiction of the board  or  boards  of
    15  cooperative educational services in the order of their length of service
    16  in such school district or school districts or in such county vocational
    17  education  and  extension board, within seven years from the date of the
    18  abolition of such office or position] decisions regarding the  retention
    19  of  employees  and  the  procedures for laid off employees shall be made
    20  pursuant to the provisions of subparagraphs (i), (ii), (iii) and (iv) of
    21  paragraph a and paragraph b  of  subdivision  thirteen  and  subdivision
    22  thirteen-a of section eighteen hundred four of this chapter.
    23    3.  For  any  such teacher, teaching assistant and teacher aide as set
    24  forth in subdivision one of this section for salary, sick leave and  any
    25  other  purposes,  the length of service credited in such school district
    26  or in such county vocational education  and  extension  board  shall  be
    27  credited  as  employment  time  with such board or boards of cooperative
    28  educational services.
    29    4. This section shall in no way be construed to limit  the  rights  of
    30  any  of  such  employees  set forth in this section granted by any other
    31  provision of law.
    32    5. Program takeovers pursuant to this section shall  be  considered  a
    33  transfer pursuant to section seventy of the civil service law.
    34    § 8. Section 3014-b of the education law, as amended by chapter 511 of
    35  the laws of 1998, is amended to read as follows:
    36    § 3014-b. Teachers'  rights  as  a  result of a school district taking
    37  over a program formerly operated by a board of  cooperative  educational
    38  services.  1. In any case in which a school district duly takes over the
    39  operation of a program formerly  provided  by  a  board  of  cooperative
    40  educational  services, each teacher, teaching assistant and teacher aide
    41  employed in such a program by such a board  of  cooperative  educational
    42  services  at  the  time of such takeover by the school district shall be
    43  considered an employee of such school district, with the same tenure  or
    44  civil  service  status he or she maintained in such board of cooperative
    45  educational services.
    46    2. [If] Notwithstanding any other provision of law to the contrary, if
    47  the number of teaching positions needed to provide the services required
    48  by such program by the school district is less than the number of teach-
    49  ers, teaching assistants and teacher aides  eligible  to  be  considered
    50  employees of such school district as provided by subdivision one of this
    51  section,  [the services of the teachers, teaching assistants and teacher
    52  aides having the least seniority in the board of cooperative educational
    53  services whose programs are taken over by the school district within the
    54  tenure area or civil service title of the position shall  be  discontin-
    55  ued.  Such  teachers,  teaching  assistants  and  teacher aides shall be
    56  placed on a preferred eligible list of candidates for appointment  to  a
        A. 5436                             7

     1  vacancy  that  may  thereafter  occur in an office or position under the
     2  jurisdiction of the school district similar to  the  one  such  teacher,
     3  teaching  assistant and teacher aide filled in such board of cooperative
     4  educational  services.  The  teachers,  teaching  assistants and teacher
     5  aides on such preferred list shall be reinstated or  appointed  to  such
     6  vacancies in such corresponding or similar positions under the jurisdic-
     7  tion  of  the school district in the order of their length of service in
     8  such board of cooperative educational services, within seven years  from
     9  the  date of the abolition of such office or position] decisions regard-
    10  ing the retention of employees and the procedures for laid off employees
    11  shall be made pursuant to the provisions  of  subparagraphs  (i),  (ii),
    12  (iii)  and  (iv)  of paragraph a and paragraph b of subdivision thirteen
    13  and subdivision thirteen-a of section  eighteen  hundred  four  of  this
    14  chapter.
    15    3.  For  any  such teacher, teaching assistant and teacher aide as set
    16  forth in subdivision one of this section for salary, sick leave and  any
    17  other  purposes, the length of service credited in such board of cooper-
    18  ative educational services shall be credited  as  employment  time  with
    19  such school district.
    20    4. In the event that more than one school district duly takes over the
    21  operation  of  a  program  formerly  provided  by a board of cooperative
    22  educational services, then each teacher, teaching assistant and  teacher
    23  aide  employed  in such program by such board of cooperative educational
    24  services at the time of such takeover by more than one school  district,
    25  shall  select the particular school district in which he or she shall be
    26  considered an employee, with all of the rights and  privileges  provided
    27  by  the  other provisions of this section. Such selection of the partic-
    28  ular school district by such teacher,  teaching  assistant  and  teacher
    29  aide  is  to  be  based  upon  [the  seniority of each teacher, teaching
    30  assistant and teacher aide in  such  board  of  cooperative  educational
    31  services, with the right of selection passing from such teachers, teach-
    32  ing  assistants and teacher aides with the most seniority to such teach-
    33  ers, teaching assistants and teacher aides with least  seniority.    Any
    34  such  teacher,  teaching  assistant  and  teacher  aide who is unable to
    35  obtain a teaching position in any  such  school  districts  because  the
    36  number  of  positions  needed  to  provide the services required in such
    37  programs with such school districts are less than the number  of  teach-
    38  ers,  teaching  assistants  and teachers aides eligible to be considered
    39  employees of such school districts,  shall  be  placed  on  a  preferred
    40  eligible list in all such school districts in the method and with all of
    41  the  rights  provided  by  the  other  provisions  of  this section] the
    42  provisions of subparagraphs (i), (ii), (iii) and (iv) of paragraph a  of
    43  subdivision  thirteen  and  paragraph  b  of  subdivision  thirteen-a of
    44  section eighteen hundred four of this chapter.
    45    5. This section shall in no way be construed to limit  the  rights  of
    46  any  of  such  employees  set forth in this section granted by any other
    47  provision of law.
    48    § 9. Section 3014-c of the education law, as added by chapter  706  of
    49  the laws of 1989, is amended to read as follows:
    50    § 3014-c. Teachers'  rights  as  a  result of a school district taking
    51  back tuition students. 1. As used in this section, a "sending  district"
    52  shall  mean  a school district which previously sent students to another
    53  school district on a tuition basis  pursuant  to  section  two  thousand
    54  forty  of  this  chapter, and a "receiving district" shall mean a school
    55  district which provided the educational program for students from anoth-
        A. 5436                             8
     1  er district on a tuition basis pursuant to section two thousand forty of
     2  this chapter.
     3    2.  In  any  case in which a sending district assumes the education of
     4  students  formerly  provided  by  a  receiving  district,  each  teacher
     5  employed in the education of such students by such receiving district at
     6  the  time  of such take back by the sending district shall be considered
     7  an employee of such sending district, with the same tenure status he  or
     8  she maintained in such receiving district.
     9    3. [If] Notwithstanding any other provision of law to the contrary, if
    10  the  number  of  teaching  positions  needed  to provide the educational
    11  services required by such sending district is less than  the  number  of
    12  teachers eligible to be considered employees of such sending district as
    13  provided by subdivision two of this section, [the services of the teach-
    14  ers  having the least seniority in the receiving district whose students
    15  are taken back by the sending district within the  tenure  area  of  the
    16  position  shall  be  discontinued.  Such  teachers  shall be placed on a
    17  preferred eligible list of candidates for appointment to a vacancy  that
    18  may  thereafter occur in an office or position under the jurisdiction of
    19  the sending district and the receiving district similar to the one  such
    20  teacher  filled  in  such  receiving  district.  The  teachers  on  such
    21  preferred list shall be reinstated or appointed  to  such  vacancies  in
    22  such  corresponding  or  similar positions under the jurisdiction of the
    23  sending district or the receiving district in the order of their  length
    24  of  service in such receiving district, within seven years from the date
    25  of the abolition of such office or  position]  decisions  regarding  the
    26  retention  of  employees  shall  be  made  pursuant to the provisions of
    27  subparagraphs (i), (ii), (iii) and (iv) of paragraph  a  of  subdivision
    28  thirteen  and  paragraph a of subdivision thirteen-a of section eighteen
    29  hundred four of this chapter.
    30    4. For any such teacher  as  described  in  subdivision  two  of  this
    31  section  for  salary,  sick  leave and any other purposes, the length of
    32  service credited in such receiving district shall be credited as employ-
    33  ment time with such sending district.
    34    5. In the event that more than one sending district assumes the educa-
    35  tion of students formerly provided by a receiving  district,  then  each
    36  teacher  employed  in  the  education of such students in such receiving
    37  district at the time  of  such  take  back  by  more  than  one  sending
    38  district,  shall  select  the particular sending district in which he or
    39  she shall be considered an employee, with all of the rights  and  privi-
    40  leges  provided by the other provisions of this section. [Such selection
    41  of the particular sending district by such teacher is to be  based  upon
    42  each  teacher's  seniority in such receiving district, with the right of
    43  selection passing from such teachers with the  most  seniority  to  such
    44  teachers with least seniority.] Any such teacher who is unable to obtain
    45  a  teaching  position in any such sending district because the number of
    46  positions needed to provide the  services  required  with  such  sending
    47  district  are less than the number of teachers eligible to be considered
    48  employees of such sending districts, shall  be  placed  on  a  preferred
    49  eligible  list  in all such sending districts in the method and with all
    50  of the rights provided by the other provisions of this section.
    51    6. This section shall in no way be construed to limit  the  rights  of
    52  any  of  such  teachers  described  in this section granted by any other
    53  provision of law.
    54    § 10. Section 3014-d of the education law, as added by chapter 706  of
    55  the laws of 1989, is amended to read as follows:
        A. 5436                             9
     1    § 3014-d. Teachers'  rights  as  a result of a school district sending
     2  students to another district on a tuition basis pursuant to section  two
     3  thousand  forty of this chapter.  1. As used in this section, a "sending
     4  district" shall mean a school district which sends students  to  another
     5  school  district  on  a  tuition  basis pursuant to section two thousand
     6  forty of this chapter, and a "receiving district" shall  mean  a  school
     7  district  which  receives  and  provides  the  educational  program  for
     8  students from another district on a tuition basis  pursuant  to  section
     9  two thousand forty of this chapter.
    10    2.  In  any  case in which a sending district sends such students to a
    11  receiving district, each teacher previously employed in the education of
    12  students by such sending district prior to the time  that  such  sending
    13  district  sends its students to a receiving district shall be considered
    14  an employee of such receiving district, with the same tenure  status  he
    15  or she maintained in such sending district.
    16    3. [If] Notwithstanding any other provision of law to the contrary, if
    17  the  number  of  teaching  positions  needed  to provide the educational
    18  services required by such receiving district is less than the number  of
    19  teachers  eligible to be considered employees of such receiving district
    20  as provided by subdivision two of this section,  [the  services  of  the
    21  teachers  having  the least seniority in the sending district within the
    22  tenure area of the position shall be discontinued.  Such teachers  shall
    23  be  placed on a preferred eligible list of candidates for appointment to
    24  a vacancy that may thereafter occur in an office or position  under  the
    25  jurisdiction  of the sending district and the receiving district similar
    26  to the one such teacher filled in such sending district. The teachers on
    27  such preferred list shall be reinstated or appointed to  such  vacancies
    28  in such corresponding or similar positions under the jurisdiction of the
    29  sending  district or the receiving district in the order of their length
    30  of service in such sending district, within seven years from the date of
    31  the abolition of  such  office  or  position]  decisions  regarding  the
    32  retention  of  employees  shall  be  made  pursuant to the provisions of
    33  subparagraphs (i), (ii), (iii) and (iv) of paragraph  a  of  subdivision
    34  thirteen  and  paragraph a of subdivision thirteen-a of section eighteen
    35  hundred four of this chapter.
    36    4. For any such teacher  as  described  in  subdivision  two  of  this
    37  section  for  salary,  sick  leave and any other purposes, the length of
    38  service credited in such sending district shall be credited  as  employ-
    39  ment time with such receiving district.
    40    5.  This  section  shall in no way be construed to limit the rights of
    41  any of such teachers described in this  section  granted  by  any  other
    42  provision of law.
    43    § 11. This act shall take effect immediately.