Bill Text: NY S06486 | 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 (Republican 1-0)
Status: (Introduced - Dead) 2018-01-03 - REFERRED TO EDUCATION [S06486 Detail]
Download: New_York-2017-S06486-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 6486 2017-2018 Regular Sessions IN SENATE May 24, 2017 ___________ Introduced by Sen. MARCELLINO -- (at request of the State Education Department) -- read twice and ordered printed, and when printed to be committed 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. LBD09869-01-7S. 6486 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 beS. 6486 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 theS. 6486 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.