Relates to teachers' rights

BILL NUMBER:S5458

Title of bill

An act to amend the education law, in relation to teachers' rights

Purpose

To protect the rights of certain specified school district personnel when either a school district takes over a program formerly operated by a Board of Cooperative Educational Service (BOCES) or vice versa.

Summary of provisions

This legislation amends sections 3014-a and 3014-b of the Education Law to include "other specified personnel" under the protections of both sections. A new subdivision 6 is added to both section to define the term "other specified personnel" to mean any person certified to the state civil service commission by the commissioner pursuant to section 35(g) of the civil service law providing instructional, ancillary or supportive educational services and any licensed health professional who is principally engaged in providing health services.

Justification

This legislation creates consistent treatment for school personnel affected by the takeover of a program previously operated by a school district or a board of cooperative educational services.

There have been years of unnecessary and expensive litigation and judicial holdings surrounding the transfer and recall rights of BOCES and school district personnel in these cases. These amendments are intended as a clarification that the Legislature did not intend to exclude other education professionals from the protections of the Education Law.

The legal question has revolved around what other professional employees other than classroom teachers are considered "teachers" for purposes of being afforded 3014-a and 3014-b protections. Through these sections of law, the Legislature sought to allow the transfer of program responsibilities while also ensuring protections for affected employees. However, some court decisions in the 1990s resulted in the exclusion of certain categories of professionals.

This bill seeks to correct years of litigation whereby other BOCES and school district personnel were excluded from the transfer and recall rights to which they were entitled. Education Law sections 3014-a and 3014-b should protect other professionals, including, but not limited to school psychologists, guidance counselors, social workers, other pupil personnel service providers, and licensed health professionals, including but not limited to physical therapists and occupational therapists.

Fiscal implications

Undetermined.

Effective date

The ninetieth day after it shall have become a law.