senate Bill S1588A

Relates to teachers' rights

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 10 / Jan / 2011
    • REFERRED TO EDUCATION
  • 04 / Jan / 2012
    • REFERRED TO EDUCATION
  • 13 / Jan / 2012
    • AMEND AND RECOMMIT TO EDUCATION
  • 13 / Jan / 2012
    • PRINT NUMBER 1588A

Summary

Relates to teachers' rights; adds other specified personnel to teachers and teaching assistants where the board of cooperative educational services takes over a program.

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Bill Details

Versions:
S1588
S1588A
Legislative Cycle:
2011-2012
Current Committee:
Senate Education
Law Section:
Education Law
Laws Affected:
Amd §§3014-a & 3014-b, Ed L
Versions Introduced in Previous Legislative Cycles:
2009-2010: S6145B, S6154B
2007-2008: A8588A

Sponsor Memo

BILL NUMBER:S1588A

TITLE OF BILL:
An act
to amend the education law, in relation to teachers' rights

PURPOSE:
The purpose of this legislation is to protect the rights of certain
specified school district personnel when a school district takes over
program formerly operated by a Board of cooperative Educational
Service (BOCES) and 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
each section. Sections 3014-a and 3014-b are each amended to include
a new subdivision 6 to define the term "other specified personnel."
The new subdivisions define 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 is in response to years of unnecessary litigation and
judicial holdings surrounding the transfer and recall rights of BOCES
and school district personnel. These amendments are not intended to
reflect a change in the law, but rather 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 revolved around what other professional employees
other than class.room teachers are considered "teachers" for purposes
of being afforded 3014 and 3014-b protections. First, teaching
assistants were excluded (Anderson v. Cortland City School District,
147 Misc. 2d 7 (Sup. Ct., Onondaga Co., 1990), affd 171 AD.2d 10 17
(4th Dep't 1991 , then the concept was expanded to exclude school
psychologists (Fink v. Avon Central School District, 207 AD.2d 973
(4th Dep't 1995), Iv. app. den., 85 N.Y.2d 804 (1995), and lastly,
school counselors and social workers were excluded from the
protections of the statute (North Tonawanda City School District v.
Mills, 263 AD.2d 574 (3rd Dep't 1999), Iv. app.
den., 94 N.Y.2d 751 (1999).

In 1998, the Legislature corrected the problem presented by the
Anderson case and the statutes were amended to extend protections to
teaching
assistants and teacher aides (L.1998, c.511 § 1), however, nothing
further was done to clarify the status of other school professionals.
In fact, in holding that school counselors and social workers were
excluded from the protection of the statutes, the court noted that
"the Legislature's recent amendment of Education Law §3014b to
include 'teaching assistants and teacher aids' reveals that the term
'teacher' has a very narrow meaning as used in the section at issue."
As the legislature never intended the results of these holding this
bill would correct years of litigation where by 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.

LEGISLATIVE HISTORY:
S.6272 of 2008 Passed Senate and Assembly in 2009. Vetoed by Governor,
Veto Number 9.

FISCAL IMPLICATIONS:
To be determined.

EFFECTIVE DATE:
This act shall take effect September 1, 2012.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 1588--A

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            January 10, 2011
                               ___________

Introduced  by  Sen.  OPPENHEIMER -- read twice and ordered printed, and
  when printed to be committed to the Committee on Education  --  recom-
  mitted to the Committee on Education in accordance with Senate Rule 6,
  sec.  8  --  committee  discharged, bill amended, ordered reprinted as
  amended and recommitted to said committee

AN ACT to amend the education law, in relation to teachers' rights

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1. Section 3014-a of the education law, as amended by chapter
511 of the laws of 1998, is amended to read as follows:
  S 3014-a. Teachers' rights as a result of a board or boards of cooper-
ative educational services taking over a program formerly operated by  a
school  district  or  districts  or by a county vocational education and
extension board. 1. In any case in which a board or  boards  of  cooper-
ative  educational  services  duly  take over the operation of a program
formerly provided by a school district or school districts or by a coun-
ty vocational education and  extension  board,  each  teacher,  teaching
assistant [and], teacher aide, AND OTHER SPECIFIED PERSONNEL employed in
such  a  program  by  such a school district or such a county vocational
education and extension board at the time of such takeover by the  board
or  boards  of  cooperative educational services, shall be considered an
employee of such board or boards  of  cooperative  educational  services
with  the  same  tenure  or civil service status he OR SHE maintained in
such school district or in such county vocational education  and  exten-
sion board.
  2.  If the number of teaching positions needed to provide the services
required by such program by the board or boards  of  cooperative  educa-
tional services is less than the number of teachers, teaching assistants
[and],  teacher  aides,  AND  OTHER  SPECIFIED  PERSONNEL eligible to be
considered employees of such board or boards of cooperative  educational
services as provided by subdivision one of this section, the services of

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05313-02-2

S. 1588--A                          2

the teachers, teaching assistants [and], teacher aides, AND OTHER SPECI-
FIED  PERSONNEL  having  the  least  seniority in the school district or
school districts or county  vocational  education  and  extension  board
whose  programs  are  taken  over  by the board or boards of cooperative
educational services within the tenure area or civil  service  title  of
the  position  shall be discontinued. Such teachers, teaching assistants
[and], teacher aides, AND OTHER SPECIFIED PERSONNEL shall be placed on a
preferred eligible list of candidates for appointment to a vacancy  that
may  thereafter occur in an office or position under the jurisdiction of
the board or boards of cooperative educational services similar  to  the
one  such  teacher,  teaching  assistant  [and], teacher aide, AND OTHER
SPECIFIED PERSONNEL filled in such school district or  school  districts
or  such  county vocational education and extension board. The teachers,
teaching assistants [and], teacher aides, AND OTHER SPECIFIED  PERSONNEL
on  such  preferred list shall be reinstated or appointed to such vacan-
cies in such corresponding or similar positions under  the  jurisdiction
of  the board or boards of cooperative educational services in the order
of their length of service in such school district or  school  districts
or in such county vocational education and extension board, within seven
years from the date of the abolition of such office or position.
  3.  For  any such teacher, teaching assistant [and], teacher aide, AND
OTHER SPECIFIED PERSONNEL as  set  forth  in  subdivision  one  of  this
section  for  salary,  sick  leave and any other purposes, the length of
service credited in such school district or in  such  county  vocational
education  and extension board shall be credited as employment time with
such board or boards of cooperative educational services.
  4. This section shall in no way be construed to limit  the  rights  of
any  of  such  employees  set forth in this section granted by any other
provision of law.
  5. Program takeovers pursuant to this section shall  be  considered  a
transfer pursuant to section seventy of the civil service law.
  6. FOR THE PURPOSES OF THIS SECTION, "OTHER SPECIFIED PERSONNEL" SHALL
MEAN  ANY  PERSON CERTIFIED TO THE STATE CIVIL SERVICE COMMISSION BY THE
COMMISSIONER PURSUANT TO SUBDIVISION (G) OF SECTION THIRTY-FIVE  OF  THE
CIVIL  SERVICE  LAW  PROVIDING  INSTRUCTIONAL,  ANCILLARY, OR SUPPORTIVE
EDUCATIONAL SERVICES AND ANY LICENSED HEALTH PROFESSIONAL WHO IS PRINCI-
PALLY ENGAGED IN PROVIDING HEALTH SERVICES.
  S 2. Section 3014-b of the education law, as amended by chapter 511 of
the laws of 1998, is amended to read as follows:
  S 3014-b. Teachers' rights as a result of  a  school  district  taking
over  a  program formerly operated by a board of cooperative educational
services. 1. In any case in which a school district duly takes over  the
operation  of  a  program  formerly  provided  by a board of cooperative
educational services, each teacher, teaching  assistant  [and],  teacher
aide, AND OTHER SPECIFIED PERSONNEL employed in such a program by such a
board  of  cooperative educational services at the time of such takeover
by the school district shall be considered an employee  of  such  school
district,  with  the same tenure or civil service status he OR SHE main-
tained in such board of cooperative educational services.
  2. If the number of teaching positions needed to provide the  services
required  by such program by the school district is less than the number
of teachers, teaching assistants [and], teacher aides, AND OTHER  SPECI-
FIED  PERSONNEL  eligible  to  be  considered  employees  of such school
district as provided by subdivision one of this section, the services of
the teachers, teaching assistants [and], teacher aides, AND OTHER SPECI-
FIED PERSONNEL having the least seniority in the  board  of  cooperative

S. 1588--A                          3

educational  services  whose  programs  are  taken  over  by  the school
district within the tenure area or civil service title of  the  position
shall be discontinued. Such teachers, teaching assistants [and], teacher
aides,  AND  OTHER  SPECIFIED  PERSONNEL  shall be placed on a preferred
eligible list of candidates for appointment to a vacancy that may there-
after occur in an office or  position  under  the  jurisdiction  of  the
school  district  similar  to  the  one such teacher, teaching assistant
[and], teacher aide, AND OTHER SPECIFIED PERSONNEL filled in such  board
of  cooperative  educational services. The teachers, teaching assistants
[and], teacher aides, AND OTHER SPECIFIED PERSONNEL  on  such  preferred
list  shall  be reinstated or appointed to such vacancies in such corre-
sponding or similar positions  under  the  jurisdiction  of  the  school
district  in the order of their length of service in such board of coop-
erative educational services, within seven years from the  date  of  the
abolition of such office or position.
  3.  For  any such teacher, teaching assistant [and], teacher aide, AND
OTHER SPECIFIED PERSONNEL as  set  forth  in  subdivision  one  of  this
section  for  salary,  sick  leave and any other purposes, the length of
service credited in such board of cooperative educational services shall
be credited as employment time with such school district.
  4. In the event that more than one school district duly takes over the
operation of a program formerly  provided  by  a  board  of  cooperative
educational  services,  then  each  teacher,  teaching  assistant [and],
teacher aide, AND OTHER SPECIFIED PERSONNEL employed in such program  by
such board of cooperative educational services at the time of such take-
over  by  more  than  one  school  district, shall select the particular
school district in which he OR SHE shall be considered an employee, with
all of the rights and privileges provided by  the  other  provisions  of
this  section.  Such selection of the particular school district by such
teacher, teaching assistant [and], teacher  aide,  AND  OTHER  SPECIFIED
PERSONNEL  is  to  be based upon the seniority of each teacher, teaching
assistant [and], teacher aide, AND OTHER  SPECIFIED  PERSONNEL  in  such
board  of  cooperative educational services, with the right of selection
passing from such teachers, teaching assistants  [and],  teacher  aides,
AND  OTHER SPECIFIED PERSONNEL with the most seniority to such teachers,
teaching assistants [and], teacher aides, AND OTHER SPECIFIED  PERSONNEL
with  least  seniority.    Any  such  teacher, teaching assistant [and],
teacher aide, AND OTHER SPECIFIED PERSONNEL who is unable  to  obtain  a
teaching  position  in  any  such school districts because the number of
positions needed to provide the services required in such programs  with
such  school  districts  are  less than the number of teachers, teaching
assistants [and], teachers aides, AND OTHER SPECIFIED PERSONNEL eligible
to be considered employees of such school districts, shall be placed  on
a preferred eligible list in all such school districts in the method and
with all of the rights provided by the other provisions of this section.
  5.  This  section  shall in no way be construed to limit the rights of
any of such employees set forth in this section  granted  by  any  other
provision of law.
  6. FOR THE PURPOSES OF THIS SECTION, "OTHER SPECIFIED PERSONNEL" SHALL
MEAN  ANY  PERSON CERTIFIED TO THE STATE CIVIL SERVICE COMMISSION BY THE
COMMISSIONER PURSUANT TO SUBDIVISION (G) OF SECTION THIRTY-FIVE  OF  THE
CIVIL  SERVICE  LAW  PROVIDING  INSTRUCTIONAL,  ANCILLARY, OR SUPPORTIVE
EDUCATIONAL SERVICES AND ANY LICENSED HEALTH PROFESSIONAL WHO IS PRINCI-
PALLY ENGAGED IN PROVIDING HEALTH SERVICES.
  S 3. This act shall take effect September 1, 2012.

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