Bill Text: NY A08205 | 2011-2012 | General Assembly | Introduced


Bill Title: Requires the superintendent recommend teachers to be retained when the board of education abolishes teacher positions.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2011-07-11 - enacting clause stricken [A08205 Detail]

Download: New_York-2011-A08205-Introduced.html
                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         8205
                              2011-2012 Regular Sessions
                                 I N  A S S E M B L Y
                                     June 6, 2011
                                      ___________
       Introduced  by  M. of A. HOYT -- read once and referred to the Committee
         on Education
       AN ACT to amend the education law,  in  relation  to  retaining  quality
         teachers
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Section 1604 of the education law is amended  by  adding  a
    2  new subdivision 8-a to read as follows:
    3    8-A. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, WHEN-
    4  EVER  A  BOARD OF EDUCATION ABOLISHES OR REDUCES A POSITION OR POSITIONS
    5  UNDER THIS CHAPTER, THE SUPERINTENDENT FOR  THE  SCHOOL  DISTRICT  SHALL
    6  RECOMMEND WHICH TEACHER OR TEACHERS SHOULD BE RETAINED. SUCH RECOMMENDA-
    7  TIONS  SHALL  BE BASED ON AN EVALUATION OF THE TEACHER'S PERFORMANCE AND
    8  QUALIFICATIONS AND THE EDUCATIONAL NEEDS OF THE  SCHOOL,  INCLUDING  BUT
    9  NOT LIMITED TO:
   10    (I)  ANNUAL  PROFESSIONAL  PERFORMANCE  REVIEWS  CONDUCTED PURSUANT TO
   11  SECTION THREE THOUSAND TWELVE-C OF THIS CHAPTER;
   12    (II) THE SCHOOL NEEDS FOR PARTICULAR LICENSE AREAS, OFFICE  OR  SCHOOL
   13  NEEDS, INCLUDING CURRICULUM, SPECIALIZED EDUCATION, DEGREES, LICENSES OR
   14  AREAS OF EXPERTISE;
   15    (III) FAILURE TO OBTAIN PERMANENT CERTIFICATION WITHIN THE STATUTORILY
   16  PRESCRIBED TIME LIMITS;
   17    (IV)  THE LENGTH OF SERVICE; PROVIDED, THAT THE TEACHER'S SALARY SHALL
   18  NOT BE CONSIDERED IN MAKING A LAYOFF RECOMMENDATION.
   19    THE BOARD OF EDUCATION SHALL EXERCISE ITS DISCRETION AND SHALL APPROVE
   20  OR REJECT THE RECOMMENDATIONS OF THE SUPERINTENDENT SO  AS  TO  MINIMIZE
   21  THE  ADVERSE  IMPACT  ON  STUDENTS  AND  THE EDUCATIONAL STRENGTH OF THE
   22  SCHOOL DISTRICT.
   23    S 2. Section 1709 of the education law is  amended  by  adding  a  new
   24  subdivision 16-a to read as follows:
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD11934-02-1
       A. 8205                             2
    1    16-A.  NOTWITHSTANDING  ANY  OTHER  PROVISION  OF LAW TO THE CONTRARY,
    2  WHENEVER A BOARD OF EDUCATION ABOLISHES OR REDUCES A POSITION  OR  POSI-
    3  TIONS  UNDER  THIS  CHAPTER,  THE SUPERINTENDENT FOR THE SCHOOL DISTRICT
    4  SHALL RECOMMEND WHICH TEACHER OR TEACHERS  SHOULD  BE  RETAINED.    SUCH
    5  RECOMMENDATIONS  SHALL  BE  BASED  ON  AN  EVALUATION  OF  THE TEACHER'S
    6  PERFORMANCE AND QUALIFICATIONS AND THE EDUCATIONAL NEEDS OF THE  SCHOOL,
    7  INCLUDING BUT NOT LIMITED TO:
    8    (I)  ANNUAL  PROFESSIONAL  PERFORMANCE  REVIEWS  CONDUCTED PURSUANT TO
    9  SECTION THREE THOUSAND TWELVE-C OF THIS CHAPTER;
   10    (II) THE SCHOOL NEEDS FOR PARTICULAR LICENSE AREAS, OFFICE  OR  SCHOOL
   11  NEEDS, INCLUDING CURRICULUM, SPECIALIZED EDUCATION, DEGREES, LICENSES OR
   12  AREAS OF EXPERTISE;
   13    (III) FAILURE TO OBTAIN PERMANENT CERTIFICATION WITHIN THE STATUTORILY
   14  PRESCRIBED TIME LIMITS;
   15    (IV)  THE LENGTH OF SERVICE; PROVIDED, THAT THE TEACHER'S SALARY SHALL
   16  NOT BE CONSIDERED IN MAKING A LAY OFF RECOMMENDATION.
   17    THE BOARD OF EDUCATION SHALL EXERCISE ITS DISCRETION AND SHALL APPROVE
   18  OR REJECT THE RECOMMENDATIONS OF THE SUPERINTENDENT SO  AS  TO  MINIMIZE
   19  THE  ADVERSE  IMPACT  ON  STUDENTS  AND  THE EDUCATIONAL STRENGTH OF THE
   20  SCHOOL DISTRICT.
   21    S 3. Section 1804 of the education law is  amended  by  adding  a  new
   22  subdivision 13 to read as follows:
   23    13.  NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, WHEN-
   24  EVER A BOARD OF EDUCATION ABOLISHES OR REDUCES A POSITION  OR  POSITIONS
   25  UNDER  THIS  CHAPTER,  THE  SUPERINTENDENT FOR THE SCHOOL DISTRICT SHALL
   26  RECOMMEND WHICH TEACHER OR TEACHERS SHOULD BE RETAINED. SUCH RECOMMENDA-
   27  TIONS SHALL BE BASED ON AN EVALUATION OF THE TEACHER'S  PERFORMANCE  AND
   28  QUALIFICATIONS  AND  THE  EDUCATIONAL NEEDS OF THE SCHOOL, INCLUDING BUT
   29  NOT LIMITED TO:
   30    (I) ANNUAL PROFESSIONAL  PERFORMANCE  REVIEWS  CONDUCTED  PURSUANT  TO
   31  SECTION THREE THOUSAND TWELVE-C OF THIS CHAPTER;
   32    (II)  THE  SCHOOL NEEDS FOR PARTICULAR LICENSE AREAS, OFFICE OR SCHOOL
   33  NEEDS, INCLUDING CURRICULUM, SPECIALIZED EDUCATION, DEGREES, LICENSES OR
   34  AREAS OF EXPERTISE;
   35    (III) FAILURE TO OBTAIN PERMANENT CERTIFICATION WITHIN THE STATUTORILY
   36  PRESCRIBED TIME LIMITS;
   37    (IV) THE LENGTH OF SERVICE; PROVIDED, THAT THE TEACHER'S SALARY  SHALL
   38  NOT BE CONSIDERED IN MAKING A LAY OFF RECOMMENDATION.
   39    THE BOARD OF EDUCATION SHALL EXERCISE ITS DISCRETION AND SHALL APPROVE
   40  OR  REJECT  THE  RECOMMENDATIONS OF THE SUPERINTENDENT SO AS TO MINIMIZE
   41  THE ADVERSE IMPACT ON STUDENTS  AND  THE  EDUCATIONAL  STRENGTH  OF  THE
   42  SCHOOL DISTRICT.
   43    S  4. The opening paragraph of paragraph e of subdivision 4 of section
   44  1950 of the education law, as renumbered by chapter 378 of the  laws  of
   45  1972, is designated subparagraph (1) and a new subparagraph (2) is added
   46  to read as follows:
   47    (2)  NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, WHEN-
   48  EVER A BOARD OF COOPERATIVE EDUCATIONAL SERVICES ABOLISHES OR REDUCES  A
   49  POSITION  OR  POSITIONS  UNDER THIS CHAPTER, THE DISTRICT SUPERINTENDENT
   50  SHALL RECOMMEND WHICH TEACHER  OR  TEACHERS  SHOULD  BE  RETAINED.  SUCH
   51  RECOMMENDATIONS  SHALL  BE  BASED  ON  AN  EVALUATION  OF  THE TEACHER'S
   52  PERFORMANCE AND QUALIFICATIONS AND THE EDUCATIONAL NEEDS OF THE BOARD OF
   53  COOPERATIVE EDUCATIONAL SERVICES, INCLUDING BUT NOT LIMITED TO:
   54    (I) ANNUAL PROFESSIONAL  PERFORMANCE  REVIEWS  CONDUCTED  PURSUANT  TO
   55  SECTION THREE THOUSAND TWELVE-C OF THIS CHAPTER;
       A. 8205                             3
    1    (II)  THE  BOARD OF COOPERATIVE EDUCATIONAL SERVICES NEEDS FOR PARTIC-
    2  ULAR LICENSE  AREAS,  OFFICE  OR  SCHOOL  NEEDS,  INCLUDING  CURRICULUM,
    3  SPECIALIZED EDUCATION, DEGREES, LICENSES OR AREAS OF EXPERTISE;
    4    (III) FAILURE TO OBTAIN PERMANENT CERTIFICATION WITHIN THE STATUTORILY
    5  PRESCRIBED TIME LIMITS;
    6    (IV)  THE LENGTH OF SERVICE; PROVIDED, THAT THE TEACHER'S SALARY SHALL
    7  NOT BE CONSIDERED IN MAKING A LAY OFF RECOMMENDATION.
    8    THE BOARD OF  COOPERATIVE  EDUCATIONAL  SERVICES  SHALL  EXERCISE  ITS
    9  DISCRETION AND SHALL APPROVE OR REJECT THE RECOMMENDATIONS OF THE SUPER-
   10  INTENDENT  SO  AS  TO  MINIMIZE  THE  ADVERSE IMPACT ON STUDENTS AND THE
   11  EDUCATIONAL STRENGTH OF THE SCHOOL DISTRICT.
   12    S 5. Subdivision 2 of section 1505-a of the education law, as added by
   13  chapter 871 of the laws of 1982, is amended to read as follows:
   14    2. [Any] NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO  THE  CONTRARY,
   15  ANY such teacher who is unable to obtain a teaching position in any such
   16  school district to which territory is added, because the number of posi-
   17  tions needed are less than the number of teachers eligible to be consid-
   18  ered  employees  pursuant  to subdivision one of this section, shall, in
   19  all such school districts to which territory is added, be  placed  on  a
   20  preferred  eligible list of candidates for appointment to a vacancy that
   21  may thereafter occur in a position  similar  to  the  one  such  teacher
   22  filled  in such former school district. The teachers on such a preferred
   23  eligible list shall be appointed to such vacancies in such corresponding
   24  or similar positions under the jurisdiction of the  school  district  to
   25  which  territory  is  added  [in the order of their length of service in
   26  such former school district] PURSUANT TO SUBDIVISION EIGHT-A OF  SECTION
   27  SIXTEEN HUNDRED FOUR, SUBDIVISION SIXTEEN-A OF SECTION SEVENTEEN HUNDRED
   28  NINE  AND  SUBDIVISION THIRTEEN OF SECTION EIGHTEEN HUNDRED FOUR OF THIS
   29  CHAPTER, within seven years from the date of  the  dissolution  of  such
   30  former school district.
   31    S 6. Section 1917 of the education law, as added by chapter 732 of the
   32  laws of 1981, is amended to read as follows:
   33    S 1917. Employees;  employment rights.  [Teachers] NOTWITHSTANDING ANY
   34  OTHER PROVISION OF LAW TO THE CONTRARY, TEACHERS and other staff members
   35  of component districts, except  the  superintendent  of  schools,  whose
   36  services  in  the  component  districts  are no longer needed because of
   37  creation of a central high school district, shall be granted  employment
   38  rights  in  central  high school districts in accordance with [length of
   39  service] SUBDIVISION EIGHT-A OF SECTION SIXTEEN HUNDRED  FOUR,  SUBDIVI-
   40  SION  SIXTEEN-A  OF SECTION SEVENTEEN HUNDRED NINE AND SUBDIVISION THIR-
   41  TEEN OF SECTION EIGHTEEN HUNDRED FOUR OF THIS CHAPTER,  in  each  tenure
   42  area.
   43    S  7.  Subdivisions 1 and 4 of section 1917-a of the education law, as
   44  added by section 93 of part L of chapter 405 of the laws  of  1999,  are
   45  amended to read as follows:
   46    1.  [Teachers]  NOTWITHSTANDING  ANY  OTHER  PROVISION  OF  LAW TO THE
   47  CONTRARY, TEACHERS and  other  staff  members  of  component  districts,
   48  except  the  superintendent  of schools, whose services in the component
   49  districts are no longer needed because of the creation of a central high
   50  school district or the transference of students to an  existing  central
   51  high school district, shall be granted employment rights in central high
   52  school districts in accordance with the provisions of this section.
   53    4. If the number of teaching and other positions needed to provide the
   54  educational  services  required  by such central high school district is
   55  less than the number of teachers and  other  employees  eligible  to  be
   56  considered employees of such central high school district as provided by
       A. 8205                             4
    1  subdivision  three  of  this  section,  [the  services of the] DECISIONS
    2  REGARDING RETENTION OF teachers and other employees  [having  the  least
    3  seniority] in the component district within the tenure area of the posi-
    4  tion  shall  be  [discontinued]  MADE PURSUANT TO SUBDIVISION EIGHT-A OF
    5  SECTION SIXTEEN HUNDRED FOUR, SUBDIVISION SIXTEEN-A OF SECTION SEVENTEEN
    6  HUNDRED NINE AND SUBDIVISION THIRTEEN OF SECTION EIGHTEEN  HUNDRED  FOUR
    7  OF THIS CHAPTER.  Such teachers and other employees shall be placed on a
    8  preferred  eligible list of candidates for appointment to a vacancy that
    9  may thereafter occur in an office or position under the jurisdiction  of
   10  the  component  district, the "receiving district" as defined in section
   11  three thousand fourteen-c  of  this  chapter,  from  which  a  component
   12  district  has  taken back students, and the central high school district
   13  similar to the one such teacher or other employee filled in such  compo-
   14  nent  district. The teachers and other employees on such preferred lists
   15  shall be reinstated or appointed to such vacancies in such corresponding
   16  or similar positions under the jurisdiction of the component district or
   17  the central high school district  [in  the  order  of  their  length  of
   18  service in such component district,] within seven years from the date of
   19  the  abolition  of  such  office  or  position  PURSUANT TO THE CRITERIA
   20  OUTLINED IN SUBDIVISION EIGHT-A OF SECTION SIXTEEN HUNDRED FOUR,  SUBDI-
   21  VISION SIXTEEN-A OF SECTION SEVENTEEN HUNDRED NINE AND SUBDIVISION THIR-
   22  TEEN OF SECTION EIGHTEEN HUNDRED FOUR OF THIS CHAPTER.
   23    S  8.  Paragraph  f  of subdivision 5 of section 2218 of the education
   24  law, as added by section 83 of part L of chapter  405  of  the  laws  of
   25  1999, is amended to read as follows:
   26    f. [Members] NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRA-
   27  RY,  MEMBERS  of  the teaching and supervisory staff of the pre-existing
   28  school district at the time of the reorganization shall have  the  right
   29  to  select the school district in which he or she shall be considered an
   30  employee, with the same tenure status he or she maintained in  the  pre-
   31  existing  school  district. Such selection shall be based on each teach-
   32  er's seniority in the pre-existing school district, with  the  right  of
   33  selection  passing  from  such  teachers with the most seniority to such
   34  teachers with the least seniority. Any such teacher  who  is  unable  to
   35  obtain a teaching position in the new school district because the number
   36  of  positions  needed is less than the number of teachers eligible to be
   37  considered employees pursuant to  this  paragraph  shall,  in  such  new
   38  school  district  and  in  the remaining school district, be placed on a
   39  preferred eligible list of candidates for appointment to a vacancy  that
   40  may  thereafter  occur  in  a  position  similar to the one such teacher
   41  filled in the pre-existing  school  district.  Such  teachers  shall  be
   42  appointed  to  vacancies  in such corresponding or similar positions [in
   43  the order  of  their  length  of  service  in  the  pre-existing  school
   44  district]  PURSUANT  TO  SUBDIVISION  EIGHT-A OF SECTION SIXTEEN HUNDRED
   45  FOUR, SUBDIVISION SIXTEEN-A OF SECTION SEVENTEEN HUNDRED NINE AND SUBDI-
   46  VISION THIRTEEN OF SECTION EIGHTEEN HUNDRED FOUR OF THIS CHAPTER, within
   47  seven years from  the  date  of  the  reorganization  pursuant  to  this
   48  section. For such teachers, for salary, sick leave or any other purpose,
   49  the length of service credited in the pre-existing school district shall
   50  be  credited  as  employment  time  with  the new school district or the
   51  remaining school district, as applicable.
   52    S 9. Subdivision 2 and paragraph (a) of subdivision 3 of section  2510
   53  of  the education law, subdivision 2 as added by chapter 762 of the laws
   54  of 1950 and paragraph (a) of subdivision 3 as amended by chapter 236  of
   55  the laws of 1993, are amended to read as follows:
       A. 8205                             5
    1    2.  [Whenever]  NOTWITHSTANDING  ANY  OTHER  PROVISION  OF  LAW TO THE
    2  CONTRARY, WHENEVER a board of education abolishes a position under  this
    3  chapter,  [the services of the teacher having the least seniority in the
    4  system within the tenure of the position abolished] DECISIONS  REGARDING
    5  RETENTION  shall be [discontinued] MADE PURSUANT TO CRITERIA OUTLINED IN
    6  SUBDIVISION  EIGHT-A  OF  SECTION  SIXTEEN  HUNDRED  FOUR,   SUBDIVISION
    7  SIXTEEN-A  OF SECTION SEVENTEEN HUNDRED NINE AND SUBDIVISION THIRTEEN OF
    8  SECTION EIGHTEEN HUNDRED FOUR OF THIS CHAPTER.
    9    (a) If an office or position is abolished or  if  it  is  consolidated
   10  with  another position without creating a new position, the person fill-
   11  ing such position at the time of its abolishment or consolidation  shall
   12  be  placed  upon a preferred eligible list of candidates for appointment
   13  to a vacancy that then exists or that may thereafter occur in an  office
   14  or  position  similar  to  the  one  which  such  person  filled without
   15  reduction in salary or increment, provided the record of such person has
   16  been one of faithful, competent service in the office or position he has
   17  filled.   The persons on such preferred  list  shall  be  reinstated  or
   18  appointed  to  such vacancies in such corresponding or similar positions
   19  [in the order of their length of service in  the  system  at  any  time]
   20  within  seven  years from the date of abolition or consolidation of such
   21  office or position PURSUANT TO  THE  CRITERIA  OUTLINED  IN  SUBDIVISION
   22  EIGHT-A  OF  SECTION  SIXTEEN  HUNDRED  FOUR,  SUBDIVISION  SIXTEEN-A OF
   23  SECTION SEVENTEEN HUNDRED NINE AND SUBDIVISION THIRTEEN OF SECTION EIGH-
   24  TEEN HUNDRED FOUR OF THIS CHAPTER.  Notwithstanding any other  provision
   25  of law to the contrary, in the event that a member of the New York state
   26  teachers'  retirement  system,  who is receiving a disability retirement
   27  allowance, shall have such disability  retirement  allowance  rescinded,
   28  such  member shall be placed upon such preferred eligible list as of the
   29  effective date of his or her disability retirement.
   30    S 10. Subdivisions 3 and 4 of  section  2585  of  the  education  law,
   31  subdivision  3  as  renumbered  by  chapter  762 of the laws of 1950 and
   32  subdivision 4 as renumbered by chapter 521 of  the  laws  of  1976,  are
   33  amended to read as follows:
   34    3.  [Whenever]  NOTWITHSTANDING  ANY PROVISION OF LAW TO THE CONTRARY,
   35  WHENEVER a board of education abolishes a position under  this  chapter,
   36  [the  services  of the teacher having the least seniority in the system]
   37  DECISIONS REGARDING RETENTION within the tenure of  the  position  abol-
   38  ished  shall  be  [discontinued]  MADE  PURSUANT TO CRITERIA OUTLINED IN
   39  SUBDIVISION  EIGHT-A  OF  SECTION  SIXTEEN  HUNDRED  FOUR,   SUBDIVISION
   40  SIXTEEN-A  OF SECTION SEVENTEEN HUNDRED NINE AND SUBDIVISION THIRTEEN OF
   41  SECTION EIGHTEEN HUNDRED FOUR OF THIS CHAPTER.
   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. The persons on  such  preferred  list  shall  be  reinstated  or
   51  appointed  to  such  corresponding or similar positions [in the order of
   52  their length of service in the system] PURSUANT TO THE CRITERIA OUTLINED
   53  IN SUBDIVISION EIGHT-A OF  SECTION  SIXTEEN  HUNDRED  FOUR,  SUBDIVISION
   54  SIXTEEN-A  OF SECTION SEVENTEEN HUNDRED NINE AND SUBDIVISION THIRTEEN OF
   55  SECTION EIGHTEEN HUNDRED FOUR OF THIS CHAPTER.
       A. 8205                             6
    1    S 11. Subdivision 2 and paragraph (a) of subdivision 3 of section 3013
    2  of the education law, as added by chapter 737 of the laws  of  1992,  is
    3  amended to read as follows:
    4    2.  [Whenever]  NOTWITHSTANDING  ANY  OTHER  PROVISION  OF  LAW TO THE
    5  CONTRARY, WHENEVER a trustee, board of trustee, board  of  education  or
    6  board  of  cooperative  educational  services abolishes a position under
    7  this chapter, [the services of the teacher having the least seniority in
    8  the system within  the  tenure  of  the  position  abolished]  DECISIONS
    9  REGARDING RETENTION OF TEACHERS shall be [discontinued] MADE PURSUANT TO
   10  CRITERIA  OUTLINED  IN  SUBDIVISION  EIGHT-A  OF SECTION SIXTEEN HUNDRED
   11  FOUR, SUBDIVISION SIXTEEN-A OF SECTION SEVENTEEN HUNDRED NINE,  SUBDIVI-
   12  SION  THIRTEEN  OF SECTION EIGHTEEN HUNDRED FOUR AND SUBPARAGRAPH TWO OF
   13  PARAGRAPH E OF SUBDIVISION FOUR OF SECTION  NINETEEN  HUNDRED  FIFTY  OF
   14  THIS CHAPTER.
   15    (a)  If  an  office  or position is abolished or if it is consolidated
   16  with another position without creating a new position, the person  fill-
   17  ing  such position at the time of its abolishment or consolidation shall
   18  be placed upon a preferred eligible list of candidates  for  appointment
   19  to  a vacancy that then exists or that may thereafter occur in an office
   20  or position  similar  to  the  one  which  such  person  filled  without
   21  reduction in salary or increment, provided the record of such person has
   22  been  one of faithful, competent service in the office or position he or
   23  she has filled. The persons on such preferred list shall  be  reinstated
   24  or  appointed  to  such vacancies in such corresponding or similar posi-
   25  tions [in the order of their length of service in the  system]  PURSUANT
   26  TO  THE  CRITERIA  OUTLINED  IN  SUBDIVISION  EIGHT-A OF SECTION SIXTEEN
   27  HUNDRED FOUR, SUBDIVISION EIGHT-A OF SECTION SEVENTEEN HUNDRED NINE  AND
   28  SUBDIVISION  THIRTEEN  OF SECTION EIGHTEEN HUNDRED FOUR OF THIS CHAPTER,
   29  at any time within seven years from the date  of  abolition  or  consol-
   30  idation of such office or position.
   31    S 12. Subdivision 2 of section 3014-a of the education law, as amended
   32  by chapter 511 of the laws of 1998, is amended to read as follows:
   33    2. [If] NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, IF
   34  the number of teaching positions needed to provide the services required
   35  by  such  program  by  the  board  or  boards of cooperative educational
   36  services is less than the number of teachers,  teaching  assistants  and
   37  teacher  aides  eligible  to  be  considered  employees of such board or
   38  boards of cooperative educational services as  provided  by  subdivision
   39  one  of this section, [the services of the teachers, teaching assistants
   40  and teacher aides having the least seniority in the school  district  or
   41  school  districts  or  county  vocational  education and extension board
   42  whose programs are taken over by the  board  or  boards  of  cooperative
   43  educational  services  within  the tenure area or civil service title of
   44  the position] DECISIONS REGARDING LAYOFFS AND RETENTION OF SUCH  EMPLOY-
   45  EES  shall  be  [discontinued] MADE PURSUANT TO THE CRITERIA OUTLINED IN
   46  SUBDIVISION  EIGHT-A  OF  SECTION  SIXTEEN  HUNDRED  FOUR,   SUBDIVISION
   47  SIXTEEN-A  OF  SECTION  SEVENTEEN  HUNDRED NINE, SUBDIVISION THIRTEEN OF
   48  SECTION EIGHTEEN HUNDRED FOUR AND SUBPARAGRAPH TWO  OF  PARAGRAPH  E  OF
   49  SUBDIVISION FOUR OF SECTION NINETEEN HUNDRED FIFTY OF THIS CHAPTER. Such
   50  teachers,  teaching  assistants  and  teacher aides shall be placed on a
   51  preferred eligible list of candidates for appointment to a vacancy  that
   52  may  thereafter occur in an office or position under the jurisdiction of
   53  the board or boards of cooperative educational services similar  to  the
   54  one  such  teacher,  teaching  assistant and teacher aide filled in such
   55  school district or school districts or such county vocational  education
   56  and extension board. The teachers, teaching assistants and teacher aides
       A. 8205                             7
    1  on  such  preferred list shall be reinstated or appointed to such vacan-
    2  cies in such corresponding or similar positions under  the  jurisdiction
    3  of the board or boards of cooperative educational services [in the order
    4  of  their  length of service in such school district or school districts
    5  or in such county vocational education and extension board] PURSUANT  TO
    6  THE  CRITERIA OUTLINED IN SUBDIVISION EIGHT-A OF SECTION SIXTEEN HUNDRED
    7  FOUR, SUBDIVISION SIXTEEN-A OF SECTION SEVENTEEN HUNDRED NINE,  SUBDIVI-
    8  SION  THIRTEEN  OF SECTION EIGHTEEN HUNDRED FOUR AND SUBPARAGRAPH TWO OF
    9  PARAGRAPH E OF SUBDIVISION FOUR OF SECTION  NINETEEN  HUNDRED  FIFTY  OF
   10  THIS  CHAPTER, within seven years from the date of the abolition of such
   11  office or position.
   12    S 13. Subdivision 2 of section 3014-b of the education law, as amended
   13  by chapter 511 of the laws of 1998, is amended to read as follows:
   14    2. [If] NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, IF
   15  the number of teaching positions needed to provide the services required
   16  by such program by the school district is less than the number of teach-
   17  ers, teaching assistants and teacher aides  eligible  to  be  considered
   18  employees of such school district as provided by subdivision one of this
   19  section,  [the services of the teachers, teaching assistants and teacher
   20  aides having the least seniority in the board of cooperative educational
   21  services whose programs are taken over by the school district within the
   22  tenure area or civil service title of the position] DECISIONS  REGARDING
   23  RETENTION  OF  SUCH  EMPLOYEES  shall be [discontinued] MADE PURSUANT TO
   24  CRITERIA OUTLINED IN SUBDIVISION  EIGHT-A  OF  SECTION  SIXTEEN  HUNDRED
   25  FOUR,  SUBDIVISION SIXTEEN-A OF SECTION SEVENTEEN HUNDRED NINE, SUBDIVI-
   26  SION THIRTEEN OF SECTION EIGHTEEN HUNDRED FOUR AND SUBPARAGRAPH  TWO  OF
   27  PARAGRAPH  E  OF  SUBDIVISION  FOUR OF SECTION NINETEEN HUNDRED FIFTY OF
   28  THIS CHAPTER.   Such teachers, teaching  assistants  and  teacher  aides
   29  shall  be placed on a preferred eligible list of candidates for appoint-
   30  ment to a vacancy that may thereafter occur in  an  office  or  position
   31  under  the  jurisdiction  of the school district similar to the one such
   32  teacher, teaching assistant and teacher aide filled  in  such  board  of
   33  cooperative  educational services. The teachers, teaching assistants and
   34  teacher aides on such preferred list shall be reinstated or appointed to
   35  such vacancies in such corresponding  or  similar  positions  under  the
   36  jurisdiction  of  the  school  district [in the order of their length of
   37  service in such board of cooperative educational services, within  seven
   38  years  from the date of the abolition of such office or position] PURSU-
   39  ANT TO THE CRITERIA OUTLINED IN SUBDIVISION EIGHT-A OF  SECTION  SIXTEEN
   40  HUNDRED  FOUR,  SUBDIVISION SIXTEEN-A OF SECTION SEVENTEEN HUNDRED NINE,
   41  SUBDIVISION THIRTEEN OF SECTION EIGHTEEN HUNDRED FOUR  AND  SUBPARAGRAPH
   42  TWO OF PARAGRAPH E OF SUBDIVISION FOUR OF SECTION NINETEEN HUNDRED FIFTY
   43  OF THIS CHAPTER.
   44    S  14.  Subdivision 3 of section 3014-c of the education law, as added
   45  by chapter 706 of the laws of 1989, is amended to read as follows:
   46    3. [If] NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, IF
   47  the number of teaching  positions  needed  to  provide  the  educational
   48  services  required  by  such sending district is less than the number of
   49  teachers eligible to be considered employees of such sending district as
   50  provided by subdivision two of this section, [the services of the teach-
   51  ers having the least seniority in the receiving district whose  students
   52  are  taken  back  by  the sending district within the tenure area of the
   53  position] DECISIONS REGARDING RETENTION OF TEACHERS shall be [discontin-
   54  ued] MADE PURSUANT TO THE CRITERIA OUTLINED IN  SUBDIVISION  EIGHT-A  OF
   55  SECTION SIXTEEN HUNDRED FOUR, SUBDIVISION SIXTEEN-A OF SECTION SEVENTEEN
   56  HUNDRED  NINE  AND SUBDIVISION THIRTEEN OF SECTION EIGHTEEN HUNDRED FOUR
       A. 8205                             8
    1  OF THIS CHAPTER. Such teachers shall be placed on a  preferred  eligible
    2  list  of  candidates  for  appointment  to a vacancy that may thereafter
    3  occur in an office or position under the  jurisdiction  of  the  sending
    4  district  and  the  receiving  district  similar to the one such teacher
    5  filled in such receiving district. The teachers on such  preferred  list
    6  shall be reinstated or appointed to such vacancies in such corresponding
    7  or  similar  positions under the jurisdiction of the sending district or
    8  the receiving district [in the order of their length of service in  such
    9  receiving district, within seven years from the date of the abolition of
   10  such  office  or position] PURSUANT TO THE CRITERIA OUTLINED IN SUBDIVI-
   11  SION EIGHT-A OF SECTION SIXTEEN HUNDRED FOUR, SUBDIVISION  SIXTEEN-A  OF
   12  SECTION SEVENTEEN HUNDRED NINE AND SUBDIVISION THIRTEEN OF SECTION EIGH-
   13  TEEN HUNDRED FOUR OF THIS CHAPTER.
   14    S  15.  Subdivision 3 of section 3014-d of the education law, as added
   15  by chapter 706 of the laws of 1989, is amended to read as follows:
   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]  DECISIONS REGARDING RETENTION shall be
   23  [discontinued] MADE PURSUANT TO THE  CRITERIA  OUTLINED  IN  SUBDIVISION
   24  EIGHT-A  OF  SECTION  SIXTEEN  HUNDRED  FOUR,  SUBDIVISION  SIXTEEN-A OF
   25  SECTION SEVENTEEN HUNDRED NINE AND SUBDIVISION THIRTEEN OF SECTION EIGH-
   26  TEEN HUNDRED FOUR OF THIS CHAPTER.  Such teachers shall be placed  on  a
   27  preferred  eligible list of candidates for appointment to a vacancy that
   28  may thereafter occur in an office or position under the jurisdiction  of
   29  the  sending district and the receiving district similar to the one such
   30  teacher filled in such sending district. The teachers on such  preferred
   31  list  shall  be reinstated or appointed to such vacancies in such corre-
   32  sponding or similar positions under  the  jurisdiction  of  the  sending
   33  district  or  the  receiving  district  [in the order of their length of
   34  service in such sending district] PURSUANT TO THE CRITERIA  OUTLINED  IN
   35  SUBDIVISION   EIGHT-A  OF  SECTION  SIXTEEN  HUNDRED  FOUR,  SUBDIVISION
   36  SIXTEEN-A OF SECTION SEVENTEEN HUNDRED NINE AND SUBDIVISION THIRTEEN  OF
   37  SECTION  EIGHTEEN  HUNDRED FOUR OF THIS CHAPTER, within seven years from
   38  the date of the abolition of such office or position.
   39    S 16. This act shall take effect July 1, 2011.
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