Relates to the abolition of offices of positions and the seniority rights of teachers and teaching assistants within a certain tenure area

Section 2 of the bill amends paragraph a of subdivision 3 of section 2510 of the education law to provide that where a vacancy is created in a position, a person on a preferred eligibility list shall be reinstated or appointed to such vacancy in such corresponding or similar positions in the order of their length of service; except that where a new position is created that requires certification to teach a specific language other than English, English as a second language or bilingual education shall not be deemed similar to a position that does not require such certification.

Section 3 of the bill amends subdivisions 2, 3 and 4 of section 2585 of the education law to provide that where, under this chapter, a teaching position is abolished in the tenure area of a teacher assigned to teach bilingual education, English as a second language or a foreign language and the trustee or board determines that retention of a teacher qualified to teach in a specific language other than English is needed to provide instruction, the services of the least senior teacher in the tenure area of the position abolished who does not hold the appropriate certificate to teach in that position shall be discontinued. Where a new position is created in the place of an abolished position with similar duties, the person serving in the abolished position shall be appointed to the similar position except that where the new position requires certification to teach a specific language other than English or bilingual education, such position shall not be deemed similar to a position that did not require such certification.

Section 4 of the bill amends subdivision 2 of section 2588 of the education law to provide that where a new position is created in the place of an abolished position with similar duties, the person serving in the abolished position shall be appointed to the similar position except that where the new position requires certification to teach a specific language other than English or bilingual education, such position shall not be deemed similar pursuant to this subdivision to a position that did not require such certification.

Section 5 of the bill amends paragraph a of subdivision 3 of section 2588 of the education law to provide that where a position is abolished in the tenure area of a teacher assigned to teach bilingual education, English as a second language or a foreign language and the trustee or board determines that retention of a teacher qualified to teach in a specific language other than English is needed to provide instruction, the services of the least senior teacher in the tenure area of the position abolished who does not hold the appropriate certificate to teach in that position shall be discontinued.

Section 6 of the bill amends subdivision 7 of section 2588 of the education law to provide that where a new position is created in the place of an abolished position with similar duties, the person serving in the abolished position shall be appointed to the similar position except that where the new position requires certification to teach a specific language other than English or bilingual education, such position shall not be deemed similar pursuant to this subdivision to a position that did not require such certification.

Section 7 of the bill amends subdivisions 1 and 2 of section 3013 of the education law to provide that where a position is abolished in the tenure area of a teacher assigned to teach bilingual education, English as a second language or a foreign language and the trustee or board determines that retention of a teacher qualified to teach in a specific language other than English is needed to provide instruction, the services of the least senior teacher in the tenure area of the position abolished who does not hold the appropriate certificate to teach in that position shall be discontinued. Provided further, that where a new position is created that is similar to the abolished position, the least senior teacher within the tenure area of the abolished position shall be discontinued; except where a position is abolished in the tenure area of a teacher assigned to teach bilingual education, English as a second language or a foreign language and the trustees or board of education determines that retention of a teacher qualified to teach in specific language other than English is needed to provide instruction, the services of the least senior teach in the tenure area of the position abolished who does not hold the appropriate certificate to teach in that position shall be discontinued.

Section 8 of the bill amends subdivision 3 of section 3013 of the education law to provide that for purposes of appointing candidates from a preferred eligibility list, the persons on such list shall be reinstated or appointed to such vacancies in such corresponding or similar positions in the order of their length of service in the system at any time within 7 years from the date of abolition or consolidation of such office or position; except that a newly created position in which certification to teach a specific language other than English, English as a second language or bilingual education is required by the school district shall not be deemed similar pursuant to this subdivision to a position that did not require such certification.

Section 9 sets forth an immediate effective date.

Statement in support of the bill

The Board of Regents strongly supports the efforts of schools throughout the state to provide educational services to English language learners (ELLs). This bill would update existing law governing tenure, seniority and preferred eligibility rights to ensure that ELLs continue to receive instruction from qualified teachers.

Due to the many fiscal challenges facing the state and local districts, many districts have been forced to reduce their workforce. By statute, when a teaching position is abolished, the teacher having the least seniority in the system within the tenure area of the position abolished must be discontinued. As the population of ELLs expands within our schools, an unintended consequence of these existing provisions is that as districts hire new bilingual teachers, English to Speakers of Other Languages (ESOL) teachers or foreign language teachers to serve these students when subsequent layoffs are made, the law requires districts to excess the least senior teachers in that tenure area, who may not hold the appropriate certificate necessary to provide services to these students.

For example, if a district with dual language elementary school programs (with bilingual students) has teachers who hold certification in the early childhood area with an extension certificate in bilingual education, and the district finds it necessary to excess a teacher in the elementary tenure area, the existing law requires the teacher with the least seniority to be excessed. In these circumstances, even though the law also requires the district to provide bilingual education services, the consequence may be that a less senior teacher with an extension certificate in bilingual education will be excessed while their position is filled from the preferred eligibility list by a more .senior elementary teacher who may not hold the requisite certificate extension to teach bilingual education necessary for the position. This creates an undesirable situation for all parties wherein the only recourse to remove the teacher without the necessary extension certificate is for the district to bring a lengthy and costly section 3020-a proceeding to terminate the teacher for failure to hold the appropriate certification for that position. Therefore, this legislation is necessary to address this challenge and to ensure that all students receive instruction from properly certified teachers.

Prior legislative history

This is a new bill.

Effective date

This act would take effect immediately.