Bill Text: NY A06512 | 2017-2018 | General Assembly | Introduced


Bill Title: Relates to the abolition of offices or positions and the seniority rights of teachers and teaching assistants within a certain tenure area.

Spectrum: Partisan Bill (Democrat 4-0)

Status: (Introduced) 2018-01-03 - referred to education [A06512 Detail]

Download: New_York-2017-A06512-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          6512
                               2017-2018 Regular Sessions
                   IN ASSEMBLY
                                      March 8, 2017
                                       ___________
        Introduced by M. of A. NOLAN, BRINDISI, SEAWRIGHT, THIELE -- (at request
          of  the  State  Education Department) -- read once and referred to the
          Committee on Education
        AN ACT to amend the education law,  in  relation  to  the  abolition  of
          offices or positions and the seniority rights of teachers and teaching
          assistants within a certain tenure area
          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 2510 of  the  education  law,  as
     2  added by chapter 762 of the laws of 1950, is amended to read as follows:
     3    2. Whenever a board of education abolishes a position under this chap-
     4  ter,  the  services  of  the  teacher  having the least seniority in the
     5  system  within  the  tenure  of  the   position   abolished   shall   be
     6  discontinued;  except  that  where a position is abolished in the tenure
     7  area of a teacher assigned to teach English as a second language, bilin-
     8  gual education or a foreign language and the trustee or board of  educa-
     9  tion  determines  that  retention  of  a teacher qualified to teach in a
    10  specific language other than English is needed to  provide  instruction,
    11  the services of the least senior teacher in the tenure area of the posi-
    12  tion abolished who does not hold the appropriate certificate to teach in
    13  that position shall be discontinued.
    14    §  2.  Paragraph (a) of subdivision 3 of section 2510 of the education
    15  law, as amended by chapter 236 of the laws of 1993, is amended  to  read
    16  as follows:
    17    (a)  If  an  office  or position is abolished or if it is consolidated
    18  with another position without creating a new position, the person  fill-
    19  ing  such position at the time of its abolishment or consolidation shall
    20  be placed upon a preferred eligible list of candidates  for  appointment
    21  to  a vacancy that then exists or that may thereafter occur in an office
    22  or position  similar  to  the  one  which  such  person  filled  without
    23  reduction in salary or increment, provided the record of such person has
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09869-01-7

        A. 6512                             2
     1  been  one of faithful, competent service in the office or position he or
     2  she has filled.  The persons on such preferred list shall be  reinstated
     3  or  appointed  to  such vacancies in such corresponding or similar posi-
     4  tions  in the order of their length of service in the system at any time
     5  within seven years from the date of abolition or consolidation  of  such
     6  office or position; except that a new position in which certification to
     7  teach  a  specific  language  other  than  English,  English as a second
     8  language or bilingual education is required by the school district shall
     9  not be deemed similar pursuant to this subdivision to  a  position  that
    10  did not require such certification.  Notwithstanding any other provision
    11  of law to the contrary, in the event that a member of the New York state
    12  teachers'  retirement  system,  who is receiving a disability retirement
    13  allowance, shall have such disability  retirement  allowance  rescinded,
    14  such  member shall be placed upon such preferred eligible list as of the
    15  effective date of his or her disability retirement.
    16    § 3. Subdivisions 2, 3 and 4 of section 2585 of the education law,  as
    17  amended  by  chapter  820  of  the laws of 1947, subdivisions 2 and 3 as
    18  renumbered by chapter 762 of the laws of  1950,  and  subdivision  4  as
    19  renumbered  by  chapter  521 of the laws of 1976, are amended to read as
    20  follows:
    21    2. If a board of education abolishes an office or position and creates
    22  another office or position for the  performance  of  duties  similar  to
    23  those  performed in the office or position abolished, the person filling
    24  such office or  position  at  the  time  of  its  abolishment  shall  be
    25  appointed  to  the  office or position thus created without reduction in
    26  salary or increment, provided the record of such person has been one  of
    27  faithful,  competent  service  in  the  office or position he or she has
    28  filled; except that a new position in which  certification  to  teach  a
    29  specific  language  other  than English, English as a second language or
    30  bilingual education is required by the  school  district  shall  not  be
    31  deemed  similar  pursuant to this subdivision to a position that did not
    32  require such certification.
    33    3. Whenever a board of education abolishes a position under this chap-
    34  ter, the services of the teacher  having  the  least  seniority  in  the
    35  system   within   the   tenure   of  the  position  abolished  shall  be
    36  discontinued; except that where a position is abolished  in  the  tenure
    37  area of a teacher assigned to teach English as a second language, bilin-
    38  gual  education or a foreign language and the trustee or board of educa-
    39  tion determines that retention of a teacher  qualified  to  teach  in  a
    40  specific  language  other than English is needed to provide instruction,
    41  the services of the least senior teacher in the tenure area of the posi-
    42  tion abolished who does not hold the appropriate certificate to teach in
    43  that position shall be discontinued.
    44    4. If an office or position is abolished or if it is consolidated with
    45  another position without creating a new  position,  the  person  filling
    46  such  position  at the time of its abolishment or consolidation shall be
    47  placed upon a preferred eligible list of candidates for appointment to a
    48  vacancy that then exists or that may thereafter occur in  an  office  or
    49  position  similar  to the one which such person filled without reduction
    50  in salary or increment, provided the record of such person has been  one
    51  of  faithful,  competent service in the office or position he or she has
    52  filled; except that a new position in which  certification  to  teach  a
    53  specific  language  other  than English, English as a second language or
    54  bilingual education is required by the  school  district  shall  not  be
    55  deemed  similar  pursuant to this subdivision to a position that did not
    56  require such certification.  The persons on such preferred list shall be

        A. 6512                             3
     1  reinstated or appointed to such corresponding or  similar  positions  in
     2  the order of their length of service in the system.
     3    §  4.  Subdivision 2 of section 2588 of the education law, as added by
     4  chapter 521 of the laws of 1976, is amended to read as follows:
     5    2. If a position within a tenure area is abolished and  another  posi-
     6  tion  is  created  in such area for the performance of duties similar to
     7  those performed in the  abolished  position,  the  person  filling  such
     8  office  or  position  at the time of its abolition shall be appointed to
     9  the position thus created without  reduction  in  salary  or  increment,
    10  provided  the  record of such person has been one of faithful, competent
    11  service in the office or position he or she has filled ; except  that  a
    12  new  position  in which certification to teach a specific language other
    13  than English, English as a second language  or  bilingual  education  is
    14  required  by the school district shall not be deemed similar pursuant to
    15  this subdivision to a position that did not require such certification.
    16    § 5. Paragraph (a) of subdivision 3 of section 2588 of  the  education
    17  law,  as added by chapter 521 of the laws of 1976, is amended to read as
    18  follows:
    19    (a) Whenever a teaching position is abolished under this chapter,  the
    20  services  of the person holding a position within the tenure area of the
    21  position which is to be abolished who has the  least  seniority  in  the
    22  city  school  district,  including  all  full-time equivalent substitute
    23  service and all full-time  equivalent  service  as  a  paraprofessional,
    24  shall  be  discontinued,  provided that the services of a person who has
    25  acquired tenure within such tenure area shall  not  be  discontinued  if
    26  another  person  holding  a  position  within  such  tenure area has not
    27  acquired tenure; except that where a position is abolished in the tenure
    28  area of a teacher assigned to teach bilingual education,  English  as  a
    29  second language or a foreign language and the trustee or board of educa-
    30  tion  determines  that  retention  of  a teacher qualified to teach in a
    31  specific language other than English is needed to  provide  instruction,
    32  the services of the least senior teacher in the tenure area of the posi-
    33  tion abolished who does not hold the appropriate certificate to teach in
    34  that position shall be discontinued.
    35    § 6. Subdivision 7 of section 2588 of the education law, as amended by
    36  chapter 783 of the laws of 1981, is amended to read as follows:
    37    7. If an office or position is abolished or if it is consolidated with
    38  another  position  without  creating  a new position, the person filling
    39  such position at the time of its abolition or consolidation, or a person
    40  displaced by a person with higher seniority as provided in this section,
    41  shall be placed  upon  a  preferred  eligible  list  of  candidates  for
    42  appointment  to  a vacancy that then exists or that may thereafter occur
    43  in the tenure area of such position,  without  reduction  in  salary  or
    44  increment,  provided the record of such person has been one of faithful,
    45  competent service in the office or position he or she has filled; except
    46  that a new position in which certification to teach a specific  language
    47  other  than English, English as a second language or bilingual education
    48  is required by the school district shall not be deemed similar  pursuant
    49  to  this  subdivision  to  a  position that did not require such certif-
    50  ication.  The persons on such preferred  list  shall  be  reinstated  or
    51  appointed  to  such vacancies in the order of their length of service in
    52  the city school district, including all full-time equivalent  substitute
    53  service  and  all  full-time  equivalent  service as a paraprofessional,
    54  provided that in the case of vacancies in principalship positions  under
    55  the  jurisdiction  of  a  community  school board, such persons shall be
    56  reinstated or reappointed in order of their length  of  service  in  the

        A. 6512                             4
     1  tenure  area of the position in the community district and provided that
     2  intermediate supervisors properly assigned or appointed on or after  the
     3  effective  date of this subdivision to positions in a community district
     4  and  who have been placed on a preferred eligible list shall be entitled
     5  to reinstatement or reappointment to  vacancies  in  their  tenure  area
     6  within  that  community  district in order of their length of service in
     7  the tenure area of the position in the community district.
     8    § 7. Subdivisions 1 and 2 of section 3013 of  the  education  law,  as
     9  added  by  chapter  737  of  the  laws  of  1992, are amended to read as
    10  follows:
    11    1. If a trustee, board of trustees, board of  education  or  board  of
    12  cooperative  educational  services  abolishes  an office or position and
    13  creates another office or position for the performance of duties similar
    14  to those performed in the office or position abolished, the person fill-
    15  ing such office or position at the time  of  its  abolishment  shall  be
    16  appointed  to  the  office or position thus created without reduction in
    17  salary or increment, provided the record of such person has been one  of
    18  faithful,  competent  service  in  the  office or position he or she has
    19  filled; except that a new position in which  certification  to  teach  a
    20  specific  language  other  than English, English as a second language or
    21  bilingual education is required by the  school  district  shall  not  be
    22  deemed  similar  pursuant to this subdivision to a position that did not
    23  require such certification.
    24    2. Whenever a trustee, board of [trustee] trustees, board of education
    25  or board of cooperative educational services abolishes a position  under
    26  this  chapter, the services of the teacher having the least seniority in
    27  the system within the tenure of the position abolished shall be  discon-
    28  tinued;  except that where a position is abolished in the tenure area of
    29  a teacher assigned to teach bilingual education,  English  as  a  second
    30  language  or  a  foreign  language and the trustee or board of education
    31  determines that retention of a teacher qualified to teach in a  specific
    32  language  other  than  English  is  needed  to  provide instruction, the
    33  services of the least senior teacher in the tenure area of the  position
    34  abolished who does not hold the appropriate certificate to teach in that
    35  position shall be discontinued.
    36    §  8.  Paragraph (a) of subdivision 3 of section 3013 of the education
    37  law, as added by chapter 737 of the laws of 1992, is amended to read  as
    38  follows:
    39    (a)  If  an  office  or position is abolished or if it is consolidated
    40  with another position without creating a new position, the person  fill-
    41  ing  such position at the time of its abolishment or consolidation shall
    42  be placed upon a preferred eligible list of candidates  for  appointment
    43  to  a vacancy that then exists or that may thereafter occur in an office
    44  or position  similar  to  the  one  which  such  person  filled  without
    45  reduction in salary or increment, provided the record of such person has
    46  been  one of faithful, competent service in the office or position he or
    47  she has filled. The persons on such preferred list shall  be  reinstated
    48  or  appointed  to  such vacancies in such corresponding or similar posi-
    49  tions in the order of their length of service in the system at any  time
    50  within  seven  years from the date of abolition or consolidation of such
    51  office or position; except that a new position in which certification to
    52  teach a specific language  other  than  English,  English  as  a  second
    53  language or bilingual education is required by the school district shall
    54  not  be  deemed  similar pursuant to this subdivision to a position that
    55  did not require such certification.
    56    § 9. This act shall take effect immediately.
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