Let School Boards Pick Layoffs

Section 1. Subdivision 2 of section 1505-a of the education law, as added by chapter 871 of the laws of 1982, is amended to read as follows:

2. [Any] Notwithstanding any other provision of law to the contrary, any such teacher who is unable to obtain a teaching position in any such school district to which territory is added, because the number of positions needed are less than the number of teachers eligible to be considered employees pursuant to subdivision one of this section, shall, in all such school districts to which territory is added, be placed on a preferred eligible list of candidates for appointment to a vacancy that may thereafter occur in a position similar to the one such teacher filled in such former school district[. The teachers on such a preferred eligible list shall be appointed to such vacancies in such corresponding or similar positions under the jurisdiction of the school district to which territory is added in the order of their length of service in such former school district, within seven years from the date of the dissolution of such former school district] pursuant to the provisions of subparagraphs (i), (ii), (iii), (iv), (v) and (vi) of paragraph a and paragraph b of subdivision thirteen and subdivision thirteen-a of section eighteen hundred four of this title.

§ 2. Section 1804 of the education law is amended by adding two new subdivisions 13 and 13-a to read as follows:

13. a. Notwithstanding any other provision of law to the contrary, whenever a board of education abolishes a position or positions under this chapter, the superintendent for the school district shall recommend

EXPLANATION--Matter in italics (underscored) is new; matter in brackets

[ ] is old law to be omitted.

LBD09344-01-9

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which teacher or teachers should be terminated. Such recommendation shall be based on an evaluation of the teachers performance, qualifications and the educational needs of the school including but not limited to:

(i) annual professional performance reviews conducted pursuant to section three thousand twelve-c of this chapter;

(ii) analysis of available student performance data and other relevant information;

(iii) assessment of the teacher's performance by the teacher's building principal or other building administrator in charge of the school or program;

(iv) the educational qualifications of the teacher, the teacher's experience and demonstrated ability and attendance;

(v) the school needs for particular license areas, office or school needs, including curriculum specialized education, degrees, licenses or areas of expertise, the length of satisfactory service and any other factor related to experience and demonstrated ability; and

(vi) the teacher's salary shall not be a factor in making a lay off recommendation.

The board of education shall exercise its discretion and shall approve or reject the recommendations of the superintendent so as to minimize the adverse impact on students and the educational strength of the school district.

b. If a teaching position is abolished, the person filling such position at the time of its abolishment shall be placed upon a preferred eligible list of candidates for appointment to a vacancy that then exists or that may thereafter occur in a position similar to the one which such person filled without reduction in salary or increment, provided the record of such person has been one of faithful, competent service in the office or position he or she has filled.

13-a. a. Notwithstanding any other provision of law to the contrary, whenever a board of education abolishes an office or administrative positions under this chapter the principal for the school or other building administrator in charge of the school or program shall recommend which office or administrative positions should be terminated. Such recommendations shall be based upon an evaluation of the performance and qualifications of the individual.

b. If an office or administrative position is abolished, the person filling such position at the time of its abolishment shall be placed upon a preferred eligible list of candidates for appointment to a vacancy that then exists or that may thereafter occur in an office or position similar to the one which such person filled without reduction in salary or increment, provided the record of such person has been one of faithful, competent service in the office or positions he or she has filled.

§ 3. Section 1917 of the education law, as added by chapter 732 of the laws of 1981, is amended to read as follows:

§ 1917. Employees; employment rights. [Teachers] Notwithstanding any other provision of law to the contrary, teachers and other staff members of component districts, except the superintendent of schools, whose services in the component districts are no longer needed because of creation of a central high school district, shall be granted employment rights in central high school districts in accordance with [length of service in each tenure area] the provisions of subparagraphs (i), (ii), (iii), (iv), (v) and (vi) of paragraph a of subdivision thirteen and

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paragraph a of subdivision thirteen-a of section eighteen hundred four of this title.

§ 4. Section 1917-a of the education law, as added by section 93 of part L of chapter 405 of the laws of 1999, is amended to read as follows:

§ 1917-a. Employees; employment rights; creation of new central high school district. 1. [Teachers] Notwithstanding any other provision of law to the contrary, teachers and other staff members of component districts, except the superintendent of schools, whose services in the component districts are no longer needed because of the creation of a central high school district or the transference of students to an existing central high school district, shall be granted employment rights in central high school districts in accordance with the provisions of this section.

2. As used in this section, a "component district" shall mean a central, union free or common school district within the territory of the central high school district, and a "central high school district" shall mean a central high school district existing or created pursuant to this article.

3. In any case in which a component district sends students to a central high school district, each teacher and all other employees previously employed in the education of such students by such component district prior to the time that such component district sends its students to a central high school district shall be considered employees of such central high school district, with the same tenure status held in such component district.

For purposes of this section, when a component district takes back students that it sent to another district on a tuition basis and sends such students to a central high school district, such central high school district shall be deemed the "sending district" for purposes of the rights and protections provided in section three thousand fourteen-c of this chapter.

4. If the number of teaching and other positions needed to provide the educational services required by such central high school district is less than the number of teachers and other employees eligible to be considered employees of such central high school district as provided by subdivision three of this section, [the services of the teachers and other employees having the least seniority in the component district within the tenure area of the position shall be discontinued] decisions about the retention of teachers and other employees in the component district shall be made pursuant to subparagraphs (i), (ii), (iii), (iv), (v) and (vi) of paragraph a and paragraph b of subdivision thirteen and subdivision thirteen-a of section eighteen hundred four of this title respectively. Such teachers and other employees not retained as employees shall be placed on a preferred eligible list of candidates for appointment, pursuant to paragraph b of subdivision thirteen and paragraph b of subdivision thirteen-a of section eighteen hundred four of this title, to a vacancy that may thereafter occur in an office or position under the jurisdiction of the component district, the "receiving district" as defined in section three thousand fourteen-c of this chapter, from which a component district has taken back students, and the central high school district similar to the one such teacher or other employee filled in such component district. The teachers and other employees on such preferred lists shall be reinstated or appointed to such vacancies in such corresponding or similar positions under the jurisdiction of the component district or the central high school

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district [in the order of their length of service in such component district, within seven years from the date of the abolition of such office or position] pursuant to the criteria outlined in subparagraphs (i), (ii), (iii), (iv), (v) and (vi) of paragraph a of subdivision thirteen and paragraph a of subdivision thirteen-a of section eighteen hundred four of this title.

5. For any such teacher or other employee as described in subdivision three of this section for salary, sick leave and any other purposes, the length of service credited in such component district shall be credited as employment time with such central high school district.

6. This section shall in no way be construed to limit the rights of any of such teachers or other employees described in this section granted by any other provision of law.

§ 5. Section 2510 of the education law, as added by chapter 762 of the laws of 1950, subdivision 3 as amended by chapter 240 of the laws of 1992 and paragraph (a) of subdivision 3 as amended by chapter 236 of the laws of 1993, is amended to read as follows:

§ 2510. Abolition of office or position. 1. If the board of education abolishes an office or position and creates another office or position for the performance of duties similar to those performed in the office or position abolished, the person filling such office or position at the time of its abolishment shall be appointed to the office or position thus created without reduction in salary or increment, provided the record of such person has been one of faithful, competent service in the office or position he or she has filled.

2. [Whenever] Notwithstanding any other provision of law to the contrary, whenever a board of education abolishes a position under this chapter, [the services of the teacher having the least seniority in the system within the tenure of the position abolished shall be discontinued] termination decisions shall be made pursuant to criteria outlined in subparagraphs (i), (ii), (iii), (iv), (v) and (vi) of paragraph a of subdivision thirteen and paragraph a of subdivision thirteen-a of section eighteen hundred four of this title.

3. (a) If an office or position is abolished or if it is consolidated with another position without creating a new position, the person filling such position at the time of its abolishment or consolidation shall be placed upon a preferred eligible list of candidates for appointment to a vacancy that then exists or that may thereafter occur in an office or position similar to the one which such person filled [without reduction in salary or increment, provided the record of such person has been one of faithful, competent service in the office or position he has filled. The persons on such preferred 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 seven years from the date of abolition or consolidation of such office or position] pursuant to the provisions of paragraph b of subdivision thirteen and paragraph b of subdivision thirteen-a of section eighteen hundred four of this title. Notwithstanding any other provision of law to the contrary, in the event that a member of the New York state teachers' retirement system, who is receiving a disability retirement allowance, shall have such disability retirement allowance rescinded, such member shall be placed upon such preferred eligible list as of the effective date of his or her disability retirement.

(b) The persons on such preferred list shall be reinstated, in accordance with the terms of paragraph (a) of this subdivision, to such substitute positions of five months or more in duration, as may from

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time to time occur without losing their preferred status on such list. Declination of such reinstatement shall not adversely affect the persons' preferred eligibility status.

§ 6. Section 3013 of the education law, as added by chapter 737 of the laws of 1992, is amended to read as follows: