Bill Text: NY A09631 | 2015-2016 | General Assembly | Introduced

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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 1-0)

Status: (Introduced - Dead) 2016-03-23 - referred to education [A09631 Detail]

Download: New_York-2015-A09631-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          9631
                   IN ASSEMBLY
                                     March 23, 2016
                                       ___________
        Introduced  by  M.  of  A.  NOLAN  -- (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 of 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
    24  been  one of faithful, competent service in the office or position he or
    25  she has filled.  The persons on such preferred list shall be  reinstated
    26  or  appointed  to  such vacancies in such corresponding or similar posi-
    27  tions in the order of their length of service in the system at any  time
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09678-01-5