Bill Text: NY A06595 | 2019-2020 | 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 3-0)
Status: (Introduced - Dead) 2020-01-08 - referred to education [A06595 Detail]
Download: New_York-2019-A06595-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 6595 2019-2020 Regular Sessions IN ASSEMBLY March 12, 2019 ___________ Introduced by M. of A. D'URSO -- (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 English 10 as a second language, bilingual education or a specific language other 11 than English is needed to provide instruction, the services of the least 12 senior teacher in the tenure area of the position abolished who does not 13 hold the appropriate certificate to teach in that position shall be 14 discontinued. 15 § 2. Paragraph (a) of subdivision 3 of section 2510 of the education 16 law, as amended by chapter 236 of the laws of 1993, is amended to read 17 as follows: 18 (a) If an office or position is abolished or if it is consolidated 19 with another position without creating a new position, the person fill- 20 ing such position at the time of its abolishment or consolidation shall 21 be placed upon a preferred eligible list of candidates for appointment 22 to a vacancy that then exists or that may thereafter occur in an office 23 or position similar to the one which such person filled without 24 reduction in salary or increment, provided the record of such person has 25 been one of faithful, competent service in the office or position he or 26 she has filled. The persons on such preferred list shall be reinstated 27 or appointed to such vacancies in such corresponding or similar posi- EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD09308-01-9A. 6595 2 1 tions in the order of their length of service in the system at any time 2 within seven years from the date of abolition or consolidation of such 3 office or position; except that a new position in which certification to 4 teach a specific language other than English, English as a second 5 language or bilingual education is required by the school district shall 6 not be deemed similar pursuant to this subdivision to a position that 7 did not require such certification. Notwithstanding any other provision 8 of law to the contrary, in the event that a member of the New York state 9 teachers' retirement system, who is receiving a disability retirement 10 allowance, shall have such disability retirement allowance rescinded, 11 such member shall be placed upon such preferred eligible list as of the 12 effective date of his or her disability retirement. 13 § 3. Subdivisions 2, 3 and 4 of section 2585 of the education law, as 14 amended by chapter 820 of the laws of 1947, subdivisions 2 and 3 as 15 renumbered by chapter 762 of the laws of 1950, and subdivision 4 as 16 renumbered by chapter 521 of the laws of 1976, are amended to read as 17 follows: 18 2. If a board of education abolishes an office or position and creates 19 another office or position for the performance of duties similar to 20 those performed in the office or position abolished, the person filling 21 such office or position at the time of its abolishment shall be 22 appointed to the office or position thus created without reduction in 23 salary or increment, provided the record of such person has been one of 24 faithful, competent service in the office or position he or she has 25 filled; except that a new position in which certification to teach a 26 specific language other than English, English as a second language or 27 bilingual education is required by the school district shall not be 28 deemed similar pursuant to this subdivision to a position that did not 29 require such certification. 30 3. Whenever a board of education abolishes a position under this chap- 31 ter, the services of the teacher having the least seniority in the 32 system within the tenure of the position abolished shall be 33 discontinued; except that where a position is abolished in the tenure 34 area of a teacher assigned to teach English as a second language, bilin- 35 gual education or a foreign language and the trustee or board of educa- 36 tion determines that retention of a teacher qualified to teach English 37 as a second language, bilingual education or a specific language other 38 than English is needed to provide instruction, the services of the least 39 senior teacher in the tenure area of the position abolished who does not 40 hold the appropriate certificate to teach in that position shall be 41 discontinued. 42 4. If an office or position is abolished or if it is consolidated with 43 another position without creating a new position, the person filling 44 such position at the time of its abolishment or consolidation shall be 45 placed upon a preferred eligible list of candidates for appointment to a 46 vacancy that then exists or that may thereafter occur in an office or 47 position similar to the one which such person filled without reduction 48 in salary or increment, provided the record of such person has been one 49 of faithful, competent service in the office or position he or she has 50 filled; except that a new position in which certification to teach a 51 specific language other than English, English as a second language or 52 bilingual education is required by the school district shall not be 53 deemed similar pursuant to this subdivision to a position that did not 54 require such certification. The persons on such preferred list shall be 55 reinstated or appointed to such corresponding or similar positions in 56 the order of their length of service in the system.A. 6595 3 1 § 4. Subdivision 2 of section 2588 of the education law, as added by 2 chapter 521 of the laws of 1976, is amended to read as follows: 3 2. If a position within a tenure area is abolished and another posi- 4 tion is created in such area for the performance of duties similar to 5 those performed in the abolished position, the person filling such 6 office or position at the time of its abolition shall be appointed to 7 the position thus created without reduction in salary or increment, 8 provided the record of such person has been one of faithful, competent 9 service in the office or position he or she has filled; except that a 10 new position in which certification to teach a specific language other 11 than English, English as a second language or bilingual education is 12 required by the school district shall not be deemed similar pursuant to 13 this subdivision to a position that did not require such certification. 14 § 5. Paragraph (a) of subdivision 3 of section 2588 of the education 15 law, as added by chapter 521 of the laws of 1976, is amended to read as 16 follows: 17 (a) Whenever a teaching position is abolished under this chapter, the 18 services of the person holding a position within the tenure area of the 19 position which is to be abolished who has the least seniority in the 20 city school district, including all full-time equivalent substitute 21 service and all full-time equivalent service as a paraprofessional, 22 shall be discontinued, provided that the services of a person who has 23 acquired tenure within such tenure area shall not be discontinued if 24 another person holding a position within such tenure area has not 25 acquired tenure; except that where a position is abolished in the tenure 26 area of a teacher assigned to teach bilingual education, English as a 27 second language or a foreign language and the trustee or board of educa- 28 tion determines that retention of a teacher qualified to teach English 29 as a second language, bilingual education or a specific language other 30 than English is needed to provide instruction, the services of the least 31 senior teacher in the tenure area of the position abolished who does not 32 hold the appropriate certificate to teach in that position shall be 33 discontinued. 34 § 6. Subdivision 7 of section 2588 of the education law, as amended by 35 chapter 783 of the laws of 1981, is amended to read as follows: 36 7. If an office or position is abolished or if it is consolidated with 37 another position without creating a new position, the person filling 38 such position at the time of its abolition or consolidation, or a person 39 displaced by a person with higher seniority as provided in this section, 40 shall be placed upon a preferred eligible list of candidates for 41 appointment to a vacancy that then exists or that may thereafter occur 42 in the tenure area of such position, without reduction in salary or 43 increment, provided the record of such person has been one of faithful, 44 competent service in the office or position he or she has filled; except 45 that a new position in which certification to teach a specific language 46 other than English, English as a second language or bilingual education 47 is required by the school district shall not be deemed similar pursuant 48 to this subdivision to a position that did not require such certif- 49 ication. The persons on such preferred list shall be reinstated or 50 appointed to such vacancies in the order of their length of service in 51 the city school district, including all full-time equivalent substitute 52 service and all full-time equivalent service as a paraprofessional, 53 provided that in the case of vacancies in principalship positions under 54 the jurisdiction of a community school board, such persons shall be 55 reinstated or reappointed in order of their length of service in the 56 tenure area of the position in the community district and provided thatA. 6595 4 1 intermediate supervisors properly assigned or appointed on or after the 2 effective date of this subdivision to positions in a community district 3 and who have been placed on a preferred eligible list shall be entitled 4 to reinstatement or reappointment to vacancies in their tenure area 5 within that community district in order of their length of service in 6 the tenure area of the position in the community district. 7 § 7. Subdivisions 1 and 2 of section 3013 of the education law, as 8 added by chapter 737 of the laws of 1992, are amended to read as 9 follows: 10 1. If a trustee, board of trustees, board of education or board of 11 cooperative educational services abolishes an office or position and 12 creates another office or position for the performance of duties similar 13 to those performed in the office or position abolished, the person fill- 14 ing such office or position at the time of its abolishment shall be 15 appointed to the office or position thus created without reduction in 16 salary or increment, provided the record of such person has been one of 17 faithful, competent service in the office or position he or she has 18 filled; except that a new position in which certification to teach a 19 specific language other than English, English as a second language or 20 bilingual education is required by the school district shall not be 21 deemed similar pursuant to this subdivision to a position that did not 22 require such certification. 23 2. Whenever a trustee, board of [trustee] trustees, board of education 24 or board of cooperative educational services abolishes a position under 25 this chapter, the services of the teacher having the least seniority in 26 the system within the tenure of the position abolished shall be discon- 27 tinued; except that where a position is abolished in the tenure area of 28 a teacher assigned to teach bilingual education, English as a second 29 language or a foreign language and the trustee or board of education 30 determines that retention of a teacher qualified to teach English as a 31 second language, bilingual education or a specific language other than 32 English is needed to provide instruction, the services of the least 33 senior teacher in the tenure area of the position abolished who does not 34 hold the appropriate certificate to teach in that position shall be 35 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.
