Bill Text: NY A05544 | 2019-2020 | General Assembly | Introduced

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Bill Title: Empowers 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 [A05544 Detail]

Download: New_York-2019-A05544-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          5544
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                    February 13, 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), (iv), (v) and (vi) of  paragraph  a  and
    18  paragraph  b  of  subdivision  thirteen  and  subdivision  thirteen-a of
    19  section eighteen 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 a position  or  positions  under
    24  this chapter, the superintendent for the school district shall recommend
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09344-01-9
        A. 5544                             2
     1  which  teacher  or  teachers  should  be terminated. Such recommendation
     2  shall be based on an evaluation of the teachers performance,  qualifica-
     3  tions  and the educational needs of the school including but not limited
     4  to:
     5    (i)  annual  professional  performance  reviews  conducted pursuant to
     6  section three thousand twelve-c of this chapter;
     7    (ii) analysis of available student performance data and other relevant
     8  information;
     9    (iii) assessment of the teacher's performance by the teacher's  build-
    10  ing principal or other building administrator in charge of the school or
    11  program;
    12    (iv)  the  educational  qualifications  of  the teacher, the teacher's
    13  experience and demonstrated ability and attendance;
    14    (v) the school needs for particular license areas,  office  or  school
    15  needs,  including curriculum specialized education, degrees, licenses or
    16  areas of expertise, the length of satisfactory  service  and  any  other
    17  factor related to experience and demonstrated ability; and
    18    (vi)  the  teacher's  salary shall not be a factor in making a lay off
    19  recommendation.
    20    The board of education shall exercise its discretion and shall approve
    21  or reject the recommendations of the superintendent so  as  to  minimize
    22  the  adverse  impact  on  students  and  the educational strength of the
    23  school district.
    24    b. If a teaching position is abolished, the person filling such  posi-
    25  tion  at  the  time  of its abolishment shall be placed upon a preferred
    26  eligible list of candidates for  appointment  to  a  vacancy  that  then
    27  exists  or  that  may  thereafter occur in a position similar to the one
    28  which such person filled  without  reduction  in  salary  or  increment,
    29  provided  the  record of such person has been one of faithful, competent
    30  service in the office or position he or she has filled.
    31    13-a. a. Notwithstanding any other provision of law to  the  contrary,
    32  whenever  a  board  of  education  abolishes an office or administrative
    33  positions under this chapter the  principal  for  the  school  or  other
    34  building  administrator  in charge of the school or program shall recom-
    35  mend which office or  administrative  positions  should  be  terminated.
    36  Such  recommendations  shall be based upon an evaluation of the perform-
    37  ance and qualifications of the individual.
    38    b. If an office or administrative position is  abolished,  the  person
    39  filling  such  position  at  the time of its abolishment shall be placed
    40  upon a preferred eligible list of candidates for appointment to a vacan-
    41  cy that then exists or that may thereafter occur in an office  or  posi-
    42  tion  similar  to  the one which such person filled without reduction in
    43  salary or increment, provided the record of such person has been one  of
    44  faithful,  competent  service  in  the office or positions he or she has
    45  filled.
    46    § 3. Section 1917 of the education law, as added by chapter 732 of the
    47  laws of 1981, is amended to read as follows:
    48    § 1917. Employees; employment rights.  [Teachers] Notwithstanding  any
    49  other provision of law to the contrary, teachers and other staff members
    50  of  component  districts,  except  the  superintendent of schools, whose
    51  services in the component districts are  no  longer  needed  because  of
    52  creation  of a central high school district, shall be granted employment
    53  rights in central high school districts in accordance  with  [length  of
    54  service  in each tenure area] the provisions of subparagraphs (i), (ii),
    55  (iii), (iv), (v) and (vi) of paragraph a  of  subdivision  thirteen  and
        A. 5544                             3
     1  paragraph  a  of subdivision thirteen-a of section eighteen hundred four
     2  of this title.
     3    §  4.  Section  1917-a of the education law, as added by section 93 of
     4  part L of chapter 405 of the  laws  of  1999,  is  amended  to  read  as
     5  follows:
     6    §  1917-a.  Employees; employment rights; creation of new central high
     7  school district. 1. [Teachers] Notwithstanding any  other  provision  of
     8  law  to  the  contrary,  teachers  and  other staff members of component
     9  districts, except the superintendent of schools, whose services  in  the
    10  component  districts  are  no longer needed because of the creation of a
    11  central high school district or  the  transference  of  students  to  an
    12  existing  central  high  school  district,  shall  be granted employment
    13  rights  in  central  high  school  districts  in  accordance  with   the
    14  provisions of this section.
    15    2.  As  used  in  this  section,  a  "component district" shall mean a
    16  central, union free or common school district within  the  territory  of
    17  the  central  high school district, and a "central high school district"
    18  shall mean a central high school district existing or  created  pursuant
    19  to this article.
    20    3.  In  any  case  in  which  a component district sends students to a
    21  central high school district,  each  teacher  and  all  other  employees
    22  previously  employed in the education of such students by such component
    23  district prior to the  time  that  such  component  district  sends  its
    24  students to a central high school district shall be considered employees
    25  of  such  central high school district, with the same tenure status held
    26  in such component district.
    27    For purposes of this section, when a  component  district  takes  back
    28  students  that  it sent to another district on a tuition basis and sends
    29  such students to a central  high  school  district,  such  central  high
    30  school  district  shall be deemed the "sending district" for purposes of
    31  the rights and protections provided in section three thousand fourteen-c
    32  of this chapter.
    33    4. If the number of teaching and other positions needed to provide the
    34  educational services required by such central high  school  district  is
    35  less  than  the  number  of  teachers and other employees eligible to be
    36  considered employees of such central high school district as provided by
    37  subdivision three of this section, [the services  of  the  teachers  and
    38  other  employees  having  the  least seniority in the component district
    39  within the tenure area of the position shall be discontinued]  decisions
    40  about  the  retention  of  teachers and other employees in the component
    41  district shall be made pursuant to subparagraphs (i), (ii), (iii), (iv),
    42  (v) and (vi) of paragraph a and paragraph b of subdivision thirteen  and
    43  subdivision  thirteen-a  of  section eighteen hundred four of this title
    44  respectively.  Such teachers and other employees not retained as employ-
    45  ees shall be placed on a  preferred  eligible  list  of  candidates  for
    46  appointment,  pursuant  to paragraph b of subdivision thirteen and para-
    47  graph b of subdivision thirteen-a of section eighteen  hundred  four  of
    48  this title, to a vacancy that may thereafter occur in an office or posi-
    49  tion  under  the  jurisdiction of the component district, the "receiving
    50  district" as defined in section three thousand fourteen-c of this  chap-
    51  ter,  from  which  a component district has taken back students, and the
    52  central high school district similar to the one such  teacher  or  other
    53  employee  filled  in  such  component  district.  The teachers and other
    54  employees on such preferred lists shall be reinstated  or  appointed  to
    55  such  vacancies  in  such  corresponding  or similar positions under the
    56  jurisdiction of the  component  district  or  the  central  high  school
        A. 5544                             4
     1  district  [in  the  order  of  their length of service in such component
     2  district, within seven years from the date  of  the  abolition  of  such
     3  office  or  position] pursuant to the criteria outlined in subparagraphs
     4  (i), (ii), (iii), (iv), (v) and (vi) of paragraph a of subdivision thir-
     5  teen  and  paragraph  a  of  subdivision  thirteen-a of section eighteen
     6  hundred four of this title.
     7    5. For any such teacher or other employee as described in  subdivision
     8  three of this section for salary, sick leave and any other purposes, the
     9  length  of service credited in such component district shall be credited
    10  as employment time with such central high school district.
    11    6. This section shall in no way be construed to limit  the  rights  of
    12  any of such teachers or other employees described in this section grant-
    13  ed by any other provision of law.
    14    § 5. Section 2510 of the education law, as added by chapter 762 of the
    15  laws  of  1950,  subdivision  3 as amended by chapter 240 of the laws of
    16  1992 and paragraph (a) of subdivision 3 as amended by chapter 236 of the
    17  laws of 1993, is amended to read as follows:
    18    § 2510. Abolition of office or position.  1. If the board of education
    19  abolishes an office or position and creates another office  or  position
    20  for  the  performance of duties similar to those performed in the office
    21  or position abolished, the person filling such office or position at the
    22  time of its abolishment shall be appointed to  the  office  or  position
    23  thus  created  without  reduction  in  salary or increment, provided the
    24  record of such person has been one of faithful, competent service in the
    25  office or position he or she has filled.
    26    2. [Whenever] Notwithstanding  any  other  provision  of  law  to  the
    27  contrary,  whenever a board of education abolishes a position under this
    28  chapter, [the services of the teacher having the least seniority in  the
    29  system  within  the tenure of the position abolished shall be discontin-
    30  ued] termination decisions shall be made pursuant to  criteria  outlined
    31  in  subparagraphs (i), (ii), (iii), (iv), (v) and (vi) of paragraph a of
    32  subdivision thirteen  and  paragraph  a  of  subdivision  thirteen-a  of
    33  section eighteen hundred four of this title.
    34    3.  (a) If an office or position is abolished or if it is consolidated
    35  with another position without creating a new position, the person  fill-
    36  ing  such position at the time of its abolishment or consolidation shall
    37  be placed upon a preferred eligible list of candidates  for  appointment
    38  to  a vacancy that then exists or that may thereafter occur in an office
    39  or position similar  to  the  one  which  such  person  filled  [without
    40  reduction in salary or increment, provided the record of such person has
    41  been one of faithful, competent service in the office or position he has
    42  filled.    The  persons  on  such  preferred list shall be reinstated or
    43  appointed to such vacancies in such corresponding or  similar  positions
    44  in the order of their length of service in the system at any time within
    45  seven  years  from the date of abolition or consolidation of such office
    46  or position] pursuant to the provisions of paragraph  b  of  subdivision
    47  thirteen  and  paragraph b of subdivision thirteen-a of section eighteen
    48  hundred four of this title.  Notwithstanding any other provision of  law
    49  to the contrary, in the event that a member of the New York state teach-
    50  ers'  retirement system, who is receiving a disability retirement allow-
    51  ance, shall have such disability retirement  allowance  rescinded,  such
    52  member  shall  be  placed  upon  such  preferred eligible list as of the
    53  effective date of his or her disability retirement.
    54    (b) The persons on such preferred list shall be reinstated, in accord-
    55  ance with the terms of  paragraph  (a)  of  this  subdivision,  to  such
    56  substitute  positions  of  five  months or more in duration, as may from
        A. 5544                             5
     1  time to time occur without losing their preferred status on  such  list.
     2  Declination  of  such  reinstatement  shall  not  adversely  affect  the
     3  persons' preferred eligibility status.
     4    § 6. Section 3013 of the education law, as added by chapter 737 of the
     5  laws of 1992, is amended to read as follows:
     6    § 3013. Abolition  of  office or position. 1. [If] Notwithstanding any
     7  other provision of law to the contrary, if a trustee, board of trustees,
     8  board of education or board of cooperative  educational  services  abol-
     9  ishes  an office or position and creates another office or position [for
    10  the performance of duties similar to those performed in  the  office  or
    11  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], decisions  regarding  employee
    16  retention shall be made pursuant to the provisions of subdivisions thir-
    17  teen and thirteen-a of section eighteen hundred four of this chapter.
    18    2.  [Whenever a trustee, board of trustee, board of education or board
    19  of cooperative educational services  abolishes  a  position  under  this
    20  chapter,  the  services of the teacher having the least seniority in the
    21  system within the tenure of the position abolished shall  be  discontin-
    22  ued.
    23    3. (a)] If an office or position is abolished or if it is consolidated
    24  with another position without creating a new position, the [person fill-
    25  ing  such position at the time of its abolishment or consolidation shall
    26  be placed upon a preferred eligible list of candidates  for  appointment
    27  to  a vacancy that then exists or that may thereafter occur in an office
    28  or position  similar  to  the  one  which  such  person  filled  without
    29  reduction in salary or increment, provided the record of such person has
    30  been  one of faithful, competent service in the office or position he or
    31  she has filled. The persons on such preferred list shall  be  reinstated
    32  or  appointed  to  such vacancies in such corresponding or similar posi-
    33  tions in the order of their length of service in the system at any  time
    34  within  seven  years from the date of abolition or consolidation of such
    35  office or position] provisions of paragraph b of  subdivisions  thirteen
    36  and  thirteen-a  of  section eighteen hundred four of this chapter shall
    37  control.
    38    [(b)] 3. The persons on such preferred list shall  be  reinstated,  in
    39  accordance  with  the  terms  of [paragraph (a)] subdivision one of this
    40  [subdivision] section, to such substitute positions of  five  months  or
    41  more  in  duration,  as may from time to time occur without losing their
    42  preferred status on such list.  Declination of such reinstatement  shall
    43  not adversely affect the persons' preferred eligibility status.
    44    § 7. Section 3014-a of the education law, as amended by chapter 511 of
    45  the laws of 1998, is amended to read as follows:
    46    § 3014-a. Teachers' rights as a result of a board or boards of cooper-
    47  ative  educational services taking over a program formerly operated by a
    48  school district or districts or by a  county  vocational  education  and
    49  extension  board.  1.  In any case in which a board or boards of cooper-
    50  ative educational services duly take over the  operation  of  a  program
    51  formerly provided by a school district or school districts or by a coun-
    52  ty  vocational  education  and  extension  board, each teacher, teaching
    53  assistant and teacher aide employed in such a program by such  a  school
    54  district  or  such  a county vocational education and extension board at
    55  the time of such takeover by the board or boards of  cooperative  educa-
    56  tional services, shall be considered an employee of such board or boards
        A. 5544                             6
     1  of  cooperative  educational  services  with  the  same  tenure or civil
     2  service status he or she maintained in such school district or  in  such
     3  county vocational education and extension board.
     4    2. [If] Notwithstanding any other provision of law to the contrary, if
     5  the number of teaching positions needed to provide the services required
     6  by  such  program  by  the  board  or  boards of cooperative educational
     7  services is less than the number of teachers,  teaching  assistants  and
     8  teacher  aides  eligible  to  be  considered  employees of such board or
     9  boards of cooperative educational services as  provided  by  subdivision
    10  one  of this section, [the services of the teachers, teaching assistants
    11  and teacher aides having the least seniority in the school  district  or
    12  school  districts  or  county  vocational  education and extension board
    13  whose programs are taken over by the  board  or  boards  of  cooperative
    14  educational  services  within  the tenure area or civil service title of
    15  the position shall be discontinued. Such teachers,  teaching  assistants
    16  and teacher aides shall be placed on a preferred eligible list of candi-
    17  dates  for  appointment  to  a  vacancy  that may thereafter occur in an
    18  office or position under the jurisdiction of  the  board  or  boards  of
    19  cooperative educational services similar to the one such teacher, teach-
    20  ing  assistant and teacher aide filled in such school district or school
    21  districts or such county vocational education and extension  board.  The
    22  teachers,  teaching  assistants and teacher aides on such preferred list
    23  shall be reinstated or appointed to such vacancies in such corresponding
    24  or similar positions under the jurisdiction of the board  or  boards  of
    25  cooperative educational services in the order of their length of service
    26  in such school district or school districts or in such county vocational
    27  education  and  extension board, within seven years from the date of the
    28  abolition of such office or position] decisions regarding the  retention
    29  of  employees  and  the  procedures for laid off employees shall be made
    30  pursuant to the provisions of subparagraphs (i), (ii), (iii), (iv),  (v)
    31  and  (vi)  of  paragraph  a  and paragraph b of subdivision thirteen and
    32  subdivision thirteen-a of section eighteen hundred four of this chapter.
    33    3. For any such teacher, teaching assistant and teacher  aide  as  set
    34  forth  in subdivision one of this section for salary, sick leave and any
    35  other purposes, the length of service credited in such  school  district
    36  or  in  such  county  vocational  education and extension board shall be
    37  credited as employment time with such board  or  boards  of  cooperative
    38  educational services.
    39    4.  This  section  shall in no way be construed to limit the rights of
    40  any of such employees set forth in this section  granted  by  any  other
    41  provision of law.
    42    5.  Program  takeovers  pursuant to this section shall be considered a
    43  transfer pursuant to section seventy of the civil service law.
    44    § 8. Section 3014-b of the education law, as amended by chapter 511 of
    45  the laws of 1998, is amended to read as follows:
    46    § 3014-b. Teachers' rights as a result of  a  school  district  taking
    47  over  a  program formerly operated by a board of cooperative educational
    48  services. 1. In any case in which a school district duly takes over  the
    49  operation  of  a  program  formerly  provided  by a board of cooperative
    50  educational services, each teacher, teaching assistant and teacher  aide
    51  employed  in  such  a program by such a board of cooperative educational
    52  services at the time of such takeover by the school  district  shall  be
    53  considered  an employee of such school district, with the same tenure or
    54  civil service status he or she maintained in such board  of  cooperative
    55  educational services.
        A. 5544                             7
     1    2. [If] Notwithstanding any other provision of law to the contrary, if
     2  the number of teaching positions needed to provide the services required
     3  by such program by the school district is less than the number of teach-
     4  ers,  teaching  assistants  and  teacher aides eligible to be considered
     5  employees of such school district as provided by subdivision one of this
     6  section,  [the services of the teachers, teaching assistants and teacher
     7  aides having the least seniority in the board of cooperative educational
     8  services whose programs are taken over by the school district within the
     9  tenure area or civil service title of the position shall  be  discontin-
    10  ued.  Such  teachers,  teaching  assistants  and  teacher aides shall be
    11  placed on a preferred eligible list of candidates for appointment  to  a
    12  vacancy  that  may  thereafter  occur in an office or position under the
    13  jurisdiction of the school district similar to  the  one  such  teacher,
    14  teaching  assistant and teacher aide filled in such board of cooperative
    15  educational services. The  teachers,  teaching  assistants  and  teacher
    16  aides  on  such  preferred list shall be reinstated or appointed to such
    17  vacancies in such corresponding or similar positions under the jurisdic-
    18  tion of the school district in the order of their length of  service  in
    19  such  board of cooperative educational services, within seven years from
    20  the date of the abolition of such office or position] decisions  regard-
    21  ing the retention of employees and the procedures for laid off employees
    22  shall  be  made  pursuant  to the provisions of subparagraphs (i), (ii),
    23  (iii), (iv), (v) and (vi) of paragraph a and paragraph b of  subdivision
    24  thirteen  and subdivision thirteen-a of section eighteen hundred four of
    25  this chapter.
    26    3. For any such teacher, teaching assistant and teacher  aide  as  set
    27  forth  in subdivision one of this section for salary, sick leave and any
    28  other purposes, the length of service credited in such board of  cooper-
    29  ative  educational  services  shall  be credited as employment time with
    30  such school district.
    31    4. In the event that more than one school district duly takes over the
    32  operation of a program formerly  provided  by  a  board  of  cooperative
    33  educational  services, then each teacher, teaching assistant and teacher
    34  aide employed in such program by such board of  cooperative  educational
    35  services  at the time of such takeover by more than one school district,
    36  shall select the particular school district in which he or she shall  be
    37  considered  an  employee, with all of the rights and privileges provided
    38  by the other provisions of this section. Such selection of  the  partic-
    39  ular  school  district  by  such teacher, teaching assistant and teacher
    40  aide is to be based  upon  [the  seniority  of  each  teacher,  teaching
    41  assistant  and  teacher  aide  in  such board of cooperative educational
    42  services, with the right of selection passing from such teachers, teach-
    43  ing assistants and teacher aides with the most seniority to such  teach-
    44  ers,  teaching  assistants  and teacher aides with least seniority.  Any
    45  such teacher, teaching assistant and  teacher  aide  who  is  unable  to
    46  obtain  a  teaching  position  in  any such school districts because the
    47  number of positions needed to provide  the  services  required  in  such
    48  programs  with  such school districts are less than the number of teach-
    49  ers, teaching assistants and teachers aides eligible  to  be  considered
    50  employees  of  such  school  districts,  shall  be placed on a preferred
    51  eligible list in all such school districts in the method and with all of
    52  the rights provided  by  the  other  provisions  of  this  section]  the
    53  provisions  of  subparagraphs  (i),  (ii),  (iii), (iv), (v) and (vi) of
    54  paragraph a of subdivision thirteen and paragraph b of subdivision thir-
    55  teen-a of section eighteen hundred four of this chapter.
        A. 5544                             8
     1    5. This section shall in no way be construed to limit  the  rights  of
     2  any  of  such  employees  set forth in this section granted by any other
     3  provision of law.
     4    §  9.  Section 3014-c of the education law, as added by chapter 706 of
     5  the laws of 1989, is amended to read as follows:
     6    § 3014-c. Teachers' rights as a result of  a  school  district  taking
     7  back  tuition students. 1. As used in this section, a "sending district"
     8  shall mean a school district which previously sent students  to  another
     9  school  district  on  a  tuition  basis pursuant to section two thousand
    10  forty of this chapter, and a "receiving district" shall  mean  a  school
    11  district which provided the educational program for students from anoth-
    12  er district on a tuition basis pursuant to section two thousand forty of
    13  this chapter.
    14    2.  In  any  case in which a sending district assumes the education of
    15  students  formerly  provided  by  a  receiving  district,  each  teacher
    16  employed in the education of such students by such receiving district at
    17  the  time  of such take back by the sending district shall be considered
    18  an employee of such sending district, with the same tenure status he  or
    19  she maintained in such receiving district.
    20    3. [If] Notwithstanding any other provision of law to the contrary, if
    21  the  number  of  teaching  positions  needed  to provide the educational
    22  services required by such sending district is less than  the  number  of
    23  teachers eligible to be considered employees of such sending district as
    24  provided by subdivision two of this section, [the services of the teach-
    25  ers  having the least seniority in the receiving district whose students
    26  are taken back by the sending district within the  tenure  area  of  the
    27  position  shall  be  discontinued.  Such  teachers  shall be placed on a
    28  preferred eligible list of candidates for appointment to a vacancy  that
    29  may  thereafter occur in an office or position under the jurisdiction of
    30  the sending district and the receiving district similar to the one  such
    31  teacher  filled  in  such  receiving  district.  The  teachers  on  such
    32  preferred list shall be reinstated or appointed  to  such  vacancies  in
    33  such  corresponding  or  similar positions under the jurisdiction of the
    34  sending district or the receiving district in the order of their  length
    35  of  service in such receiving district, within seven years from the date
    36  of the abolition of such office or  position]  decisions  regarding  the
    37  retention  of  employees  shall  be  made  pursuant to the provisions of
    38  subparagraphs (i), (ii), (iii), (iv), (v) and (vi)  of  paragraph  a  of
    39  subdivision  thirteen  and  paragraph  a  of  subdivision  thirteen-a of
    40  section eighteen hundred four of this chapter.
    41    4. For any such teacher  as  described  in  subdivision  two  of  this
    42  section  for  salary,  sick  leave and any other purposes, the length of
    43  service credited in such receiving district shall be credited as employ-
    44  ment time with such sending district.
    45    5. In the event that more than one sending district assumes the educa-
    46  tion of students formerly provided by a receiving  district,  then  each
    47  teacher  employed  in  the  education of such students in such receiving
    48  district at the time  of  such  take  back  by  more  than  one  sending
    49  district,  shall  select  the particular sending district in which he or
    50  she shall be considered an employee, with all of the rights  and  privi-
    51  leges  provided by the other provisions of this section. [Such selection
    52  of the particular sending district by such teacher is to be  based  upon
    53  each  teacher's  seniority in such receiving district, with the right of
    54  selection passing from such teachers with the  most  seniority  to  such
    55  teachers with least seniority.] Any such teacher who is unable to obtain
    56  a  teaching  position in any such sending district because the number of
        A. 5544                             9
     1  positions needed to provide the  services  required  with  such  sending
     2  district  are less than the number of teachers eligible to be considered
     3  employees of such sending districts, shall  be  placed  on  a  preferred
     4  eligible  list  in all such sending districts in the method and with all
     5  of the rights provided by the other provisions of this section.
     6    6. This section shall in no way be construed to limit  the  rights  of
     7  any  of  such  teachers  described  in this section granted by any other
     8  provision of law.
     9    § 10. Section 3014-d of the education law, as added by chapter 706  of
    10  the laws of 1989, is amended to read as follows:
    11    § 3014-d. Teachers'  rights  as  a result of a school district sending
    12  students to another district on a tuition basis pursuant to section  two
    13  thousand  forty of this chapter.  1. As used in this section, a "sending
    14  district" shall mean a school district which sends students  to  another
    15  school  district  on  a  tuition  basis pursuant to section two thousand
    16  forty of this chapter, and a "receiving district" shall  mean  a  school
    17  district  which  receives  and  provides  the  educational  program  for
    18  students from another district on a tuition basis  pursuant  to  section
    19  two thousand forty of this chapter.
    20    2.  In  any  case in which a sending district sends such students to a
    21  receiving district, each teacher previously employed in the education of
    22  students by such sending district prior to the time  that  such  sending
    23  district  sends its students to a receiving district shall be considered
    24  an employee of such receiving district, with the same tenure  status  he
    25  or she maintained in such sending district.
    26    3. [If] Notwithstanding any other provision of law to the contrary, if
    27  the  number  of  teaching  positions  needed  to provide the educational
    28  services required by such receiving district is less than the number  of
    29  teachers  eligible to be considered employees of such receiving district
    30  as provided by subdivision two of this section,  [the  services  of  the
    31  teachers  having  the least seniority in the sending district within the
    32  tenure area of the position shall be discontinued.  Such teachers  shall
    33  be  placed on a preferred eligible list of candidates for appointment to
    34  a vacancy that may thereafter occur in an office or position  under  the
    35  jurisdiction  of the sending district and the receiving district similar
    36  to the one such teacher filled in such sending district. The teachers on
    37  such preferred list shall be reinstated or appointed to  such  vacancies
    38  in such corresponding or similar positions under the jurisdiction of the
    39  sending  district or the receiving district in the order of their length
    40  of service in such sending district, within seven years from the date of
    41  the abolition of  such  office  or  position]  decisions  regarding  the
    42  retention  of  employees  shall  be  made  pursuant to the provisions of
    43  subparagraphs (i), (ii), (iii), (iv), (v) and (vi)  of  paragraph  a  of
    44  subdivision  thirteen  and  paragraph  a  of  subdivision  thirteen-a of
    45  section eighteen hundred four of this chapter.
    46    4. For any such teacher  as  described  in  subdivision  two  of  this
    47  section  for  salary,  sick  leave and any other purposes, the length of
    48  service credited in such sending district shall be credited  as  employ-
    49  ment time with such receiving district.
    50    5.  This  section  shall in no way be construed to limit the rights of
    51  any of such teachers described in this  section  granted  by  any  other
    52  provision of law.
    53    § 11. This act shall take effect immediately.