Assembly Bill A10482

2009-2010 Legislative Session

Establishes the "keep effective and excellent professionals in the classroom act"; relates to procedures for the abolition of teaching positions; repealer

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Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Apr 12, 2010	print number 10482a
Apr 12, 2010	amend (t) and recommit to education
Apr 02, 2010	referred to education

Bill Amendments

Original

A (Active)

co-Sponsors

2009-A10482 - Details

Current Committee:: Assembly Education
Law Section:: Education Law
Laws Affected:: Amd §§2588 & 3013, rpld §2588 subs 3, 4 & 7, Ed L

2009-A10482 - Summary

Establishes the "keep effective and excellent professionals in the classroom act"; relates to procedures for the abolition of teaching positions in city school districts of cities having one million or more inhabitants.

2009-A10482 - Sponsor Memo

                                BILL NUMBER:A10482

TITLE OF BILL:
An act to amend the education law, in relation to retaining quality
teachers and teachers in subject areas where teacher shortages have
occurred, when teaching positions are eliminated in school districts of
cities having one million or more inhabitants and to repeal certain
provisions of such law relating thereto

PURPOSE:
Establishes procedures regarding the retention of quality teachers and
teachers in shortage subject areas in instances when teaching positions
are eliminated in certain school districts.

SUMMARY OF PROVISIONS:
Section 1: Amends the education law regarding the abolition of positions
to include city school districts of cities with one million people or
more.

Section 2: Provides that a school principal shall make decisions
concerning which staff and positions are to be abolished after consider-
ing the recommendations of a school-based committee. Such committee
shall be comprised of administrators, teachers and parents.  Specifies
the factors to be considered when determining which positions and staff
shall be abolished. Establishes guidelines for the continuation and
termination of employment for certain positions.

Section 3: Repeals paragraphs (b) and (c) of subdivision 3 of section
2588 of the education law.

Section 4: Adds a new subdivision 4 to section 2588 of the education law
to establish procedures regarding the filling of vacancies.

Section 5: Repeals subdivision 7 of section 2588 of the education law.

Section 6: Exempts teaching or supervisory positions in city school
districts in cities with one million inhabitants or more.

JUSTIFICATION:
Currently, whenever school districts eliminate positions, state law
requires that the newest teachers in the entire district be the first
fired. Because layoffs must be made without regard to teacher quality
and based solely on seniority, school districts facing serious budget
cuts could lose an entire generation of new teachers. It is well-docu-
mented that teacher quality is paramount when it comes to student
achievement, and the existing statute means that great educators may be
lost while ineffective teachers are retained.

Moreover, because new teachers have the lowest salaries in the system,
the current requirements mean that more teachers have to be eliminated
to meet the same budget reduction targets than if layoffs were deter-

mined on merit and the salaries of excessed teachers reflected the
general distribution of teacher salaries. Layoffs made under the exist-
ing statute would create unnecessarily high spikes in class sizes and
student-teacher ratios, issues that have been a longstanding priority
for the Legislature.

The "last hired, first fired" requirement for large cities particularly
creates substantial disparities between communities, with those that
have a preponderance of new teachers forced to bear a disproportionate
share of the burden of layoffs. In New York City, where as many as 8,500
teaching positions may be eliminated, Community School District 7 in the
South Bronx and District 2 in Manhattan stand to lose 21% and 19%,
respectively, of their teaching personnel, while District 31 in Staten
Island would lose just 5%.  Three out of five of the New York City
community school districts facing the highest percentage of layoffs are
in the South Bronx.

Additionally, the last hired, first fired requirement, because it
applies to the City as a whole, makes it virtually impossible for indi-
vidual schools to eliminate positions due to enrollment decreases, or
for schools to be closed for academic failure, without engaging in
"bumping" throughout the system. This game of musical chairs would
displace teachers in schools across the City.

To avoid this operational chaos, the City of New York maintains an
"Absent Teacher Reserve," in which teachers whose positions are elimi-
nated because of excessing in individual schools continue to receive
full salaries and benefits indefinitely, regardless of whether they find
a new, permanent teaching assignment. (This is distinct from the "rubber
room," for teachers removed for incompetence or malfeasance.) While most
of these teachers do find a new assignment in short order, some remain
in the ATR pool for more than a year, either unable or unmotivated to
find a new position. As a result, the City of New York currently spends
more than $110 million annually on salaries and benefits for teachers in
the ATR pool. This is unacceptable in the current fiscal climate, and
particularly objectionable at a time when active, effective teachers
face layoffs.

The proposed legislation would, in instances of citywide teacher layoffs
in cities with populations over 1,000,000, allow layoffs to be made at a
consistent rate across all communities and schools and would enable
principals, in conjunction with committees of teachers, parents and
administrators, to determine which positions to eliminate. Such determi-
nations would be based on school needs for particular license areas and,
when more than one person holds a position within the same license area,
on the following criteria:  significant relevant contributions, accom-
plishments, or performance; relevant supplemental professional experi-
ences as demonstrated on the job; office or school needs, including
curriculum specialized education, degrees, licenses or areas of exper-
tise; and length of satisfactory service.

The legislation would enable schools and communities to share the burden
of layoffs equally, and ensure that the most effective teachers and
those in shortage subject areas would be retained. In such a scenario,
teachers without assignments could be excessed before teachers in
schools, depending on the determination of the chancellor.

The legislation would also put a one-year cap on guaranteed salary and
benefits for teachers who lose their positions due to school-based
excessing or school closures. The proposal mirrors a policy instituted
by Chicago under the leadership of Arne Duncan, the current U.S.  Secre-
tary of Education. This would still enable teachers to receive a full
year of undiminished compensation, while creating a greater incentive
for teachers to find new assignments and substantially reducing the
fiscal burden on the city school district.

The Center of American progress, a progressive, Washington-based think
tank, recently wrote: "These stakes are particularly high for disadvan-
taged students, who depend far more on educators to teach them what they
need to know. Some researchers have found that if a low income student
has a highly effective teacher for three years in a row, the student can
perform just as well as middle-class peers. This can potentially erase
the achievement gap between these groups." This legislation would make
state law consistent with the objective of ensuring all that students
have access to high-quality teachers.

LEGISLATIVE HISTORY:
New Bill.

FISCAL IMPLICATIONS:
None to State.

EFFECTIVE DATE:
Immediately.

2009-A10482 - Bill Text download pdf

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

                                  10482

                          I N  A S S E M B L Y

                              April 2, 2010
                               ___________

Introduced  by  M. of A. BING -- read once and referred to the Committee
  on Education

AN ACT to amend the education law,  in  relation  to  retaining  quality
  teachers  and  teachers  in subject areas where teacher shortages have
  occurred, when teaching positions are eliminated in  school  districts
  of cities having one million or more inhabitants and to repeal certain
  provisions of such law relating thereto

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

  Section 1. Subdivision 3 of section  2588  of  the  education  law  is
REPEALED and a new subdivision 3 is added to read as follows:
  3.  (A)  NOTWITHSTANDING  ANY  OTHER PROVISION OF LAW TO THE CONTRARY,
WHENEVER THE CITY SCHOOL  DISTRICT  ABOLISHES  TEACHING  OR  SUPERVISORY
POSITIONS CITYWIDE AS A RESULT OF A CITYWIDE BUDGET REDUCTION IN ACCORD-
ANCE  WITH  PARAGRAPH  B  OF  SUBDIVISION  FIVE-A OF SECTION TWENTY-FIVE
HUNDRED SEVENTY-SIX OF  THIS  ARTICLE  AND  THE  MAINTENANCE  OF  EFFORT
REQUIREMENTS APPLICABLE TO THE CITY OF NEW YORK:
  (I) DECISIONS CONCERNING WHICH POSITIONS WITHIN INDIVIDUAL SCHOOLS ARE
TO  BE  ABOLISHED,  AND WHICH PERSONS OCCUPYING SUCH POSITIONS ARE TO BE
LAID OFF, SHALL BE MADE  BY  THE  PRINCIPAL,  CONSISTENT  WITH  GUIDANCE
PROMULGATED  BY  THE  CHANCELLOR PURSUANT TO THIS SECTION. THE PRINCIPAL
SHALL MAKE THE DECISION  AFTER  CONSIDERING  THE  RECOMMENDATIONS  OF  A
SCHOOL-BASED   COMMITTEE   COMPRISED  OF  TEACHERS,  ADMINISTRATORS  AND
PARENTS. THE FOLLOWING FACTORS SHALL BE CONSIDERED IN DETERMINING  WHICH
POSITIONS  SHALL BE ABOLISHED AND WHICH PERSONS OCCUPYING SUCH POSITIONS
ARE TO BE LAID OFF: (A) SCHOOL NEEDS FOR PARTICULAR LICENSE  AREAS;  AND
(B)  WHEN  MORE THAN ONE PERSON HOLDS A POSITION WITHIN THE SAME LICENSE
AREA:  SIGNIFICANT RELEVANT CONTRIBUTIONS, ACCOMPLISHMENTS, OR  PERFORM-
ANCE OF EACH SUCH PERSON; RELEVANT SUPPLEMENTAL PROFESSIONAL EXPERIENCES
OF  EACH SUCH PERSON AS DEMONSTRATED ON THE JOB; OFFICE OR SCHOOL NEEDS,
INCLUDING: CURRICULUM SPECIALIZED EDUCATION, DEGREES, LICENSES OR  AREAS
OF EXPERTISE; AND LENGTH OF SATISFACTORY SERVICE BY EACH SUCH PERSON.
  (II)  IN THE CASE OF TEACHERS OR SUPERVISORS WHO ARE ASSIGNED TO POSI-
TIONS THAT ARE NOT WITHIN INDIVIDUAL SCHOOLS, OR WHO  HAVE  BEEN  DISCI-

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

                                                           LBD16675-02-0

A. 10482                            2

PLINED  PURSUANT  TO SECTION THREE THOUSAND TWENTY-A OF THIS CHAPTER AND
ARE NOT ASSIGNED TO A FULL-TIME POSITION, THE CHANCELLOR SHALL DETERMINE
WHETHER THE PERSON WILL BE LAID OFF PURSUANT TO GUIDANCE PROMULGATED  BY
THE CHANCELLOR.
  (B)  NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, WHEN-
EVER THE CITY SCHOOL DISTRICT ABOLISHES TEACHING  OR  SUPERVISORY  POSI-
TIONS  AT  INDIVIDUAL  SCHOOLS  IN ORDER TO MEET SCHOOL BUDGETARY NEEDS,
REORGANIZE FUNCTIONS, OR FOR OTHER  COMPELLING  REASONS,  OUTSIDE  OF  A
CITYWIDE REDUCTION IN ACCORDANCE WITH PARAGRAPH (A) OF THIS SUBDIVISION,
DECISIONS  CONCERNING  WHICH POSITIONS ARE TO BE ABOLISHED SHALL BE MADE
BY THE PRINCIPAL, CONSISTENT WITH THE GUIDANCE PROMULGATED BY THE  CHAN-
CELLOR  PURSUANT  TO THIS SECTION. THE PRINCIPAL SHALL MAKE THE DECISION
AFTER  CONSIDERING  THE  RECOMMENDATIONS  OF  A  SCHOOL-BASED  COMMITTEE
COMPRISED OF TEACHERS, ADMINISTRATORS AND PARENTS. THE FOLLOWING FACTORS
SHALL  BE  CONSIDERED  IN DETERMINING WHICH POSITIONS SHALL BE ABOLISHED
AND WHICH PERSONS OCCUPYING SUCH POSITIONS  ARE  TO  BE  LAID  OFF:  (I)
SCHOOL  NEEDS  FOR PARTICULAR LICENSE AREAS; AND (II) WHEN MORE THAN ONE
PERSON HOLDS A POSITION WITHIN THE SAME LICENSE AREA:  SIGNIFICANT RELE-
VANT CONTRIBUTIONS, ACCOMPLISHMENTS, OR PERFORMANCE OF EACH SUCH PERSON;
RELEVANT SUPPLEMENTAL PROFESSIONAL EXPERIENCES OF EACH  SUCH  PERSON  AS
DEMONSTRATED  ON  THE JOB; OFFICE OR SCHOOL NEEDS, INCLUDING: CURRICULUM
SPECIALIZED EDUCATION, DEGREES, LICENSES  OR  AREAS  OF  EXPERTISE;  AND
LENGTH  OF SATISFACTORY SERVICE BY EACH SUCH PERSON. A TEACHER OR SUPER-
VISOR WHOSE POSITION IS ABOLISHED PURSUANT TO THIS SUBPARAGRAPH SHALL BE
ELIGIBLE TO REMAIN EMPLOYED BY THE DISTRICT WITH NO DIMINUTION IN SALARY
OR BENEFITS FOR ONE YEAR FROM THE DATE UPON WHICH THE PERSON'S  POSITION
WAS  ABOLISHED, PROVIDED THAT (A) IF THE PERSON IS A NON-TENURED EMPLOY-
EE, THE PERSON'S PERFORMANCE HAS BEEN SATISFACTORY; (B) IF THE PERSON IS
A TENURED EMPLOYEE, THE PERSON HAS NOT BEEN  SUSPENDED  WITHOUT  PAY  OR
RECEIVED  A  PENALTY  OF  TERMINATION IN PROCEEDINGS PURSUANT TO SECTION
THREE THOUSAND TWENTY-A OF THIS CHAPTER; AND (C) SHOULD CITYWIDE LAYOFFS
IN ACCORDANCE WITH PARAGRAPH (A) OF  THIS  SUBDIVISION  BE  CARRIED  OUT
DURING  THIS ONE-YEAR PERIOD, THE CHANCELLOR SHALL DETERMINE WHETHER THE
PERSON WILL BE LAID OFF PURSUANT TO GUIDANCE PROMULGATED BY THE CHANCEL-
LOR. NOTWITHSTANDING ANY OTHER LAWS TO THE CONTRARY, INCLUDING  BUT  NOT
LIMITED TO SECTIONS THREE THOUSAND TWENTY AND THREE THOUSAND TWENTY-A OF
THIS  CHAPTER, AFTER THE EXPIRATION OF ONE YEAR, A TEACHER OR SUPERVISOR
WHO REMAINS EMPLOYED BY THE DISTRICT PURSUANT TO THIS SUBPARAGRAPH SHALL
BE TERMINATED AUTOMATICALLY UNLESS THE TEACHER OR  SUPERVISOR  HAS  BEEN
REGULARLY APPOINTED TO A NON-SUBSTITUTE POSITION IN THE DISTRICT.
  (C)  NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, WHEN-
EVER THE CITY SCHOOL DISTRICT ABOLISHES TEACHING POSITIONS  DUE  TO  THE
CLOSURE  OR  PHASE-OUT OF A SCHOOL,  A TEACHER OR SUPERVISOR WHOSE POSI-
TION IS ABOLISHED PURSUANT TO THIS SUBPARAGRAPH  SHALL  BE  ELIGIBLE  TO
REMAIN EMPLOYED BY THE DISTRICT WITH NO DIMINUTION IN SALARY OR BENEFITS
FOR  ONE  YEAR FROM THE DATE UPON WHICH THE TEACHER'S POSITION WAS ABOL-
ISHED, PROVIDED THAT (I) IF THE PERSON IS A  NON-TENURED  EMPLOYEE,  THE
PERSON'S  PERFORMANCE  HAS  BEEN  SATISFACTORY;  (II) IF THE PERSON IS A
TENURED EMPLOYEE, THE PERSON HAS  NOT  BEEN  SUSPENDED  WITHOUT  PAY  OR
RECEIVED  A  PENALTY  OF  TERMINATION IN PROCEEDINGS PURSUANT TO SECTION
THREE THOUSAND TWENTY-A OF  THIS  CHAPTER;  AND  (III)  SHOULD  CITYWIDE
LAYOFFS  IN ACCORDANCE WITH PARAGRAPH (A) OF THIS SUBDIVISION BE CARRIED
OUT DURING THIS ONE-YEAR PERIOD, THE CHANCELLOR SHALL DETERMINE  WHETHER
THE  PERSON  WILL  BE  LAID  OFF PURSUANT TO GUIDANCE PROMULGATED BY THE
CHANCELLOR.  NOTWITHSTANDING ANY OTHER LAWS TO THE  CONTRARY,  INCLUDING
BUT  NOT  LIMITED  TO  SECTIONS THREE THOUSAND TWENTY AND THREE THOUSAND

A. 10482                            3

TWENTY-A OF THIS CHAPTER, AFTER THE EXPIRATION OF ONE YEAR, A TEACHER OR
SUPERVISOR WHO REMAINS EMPLOYED BY THE DISTRICT PURSUANT TO THIS SUBPAR-
AGRAPH SHALL BE TERMINATED AUTOMATICALLY UNLESS THE TEACHER OR  SUPERVI-
SOR  HAS  BEEN  REGULARLY  APPOINTED TO A NON-SUBSTITUTE POSITION IN THE
DISTRICT.
  S 2. Subdivision 4 of section 2588 of the education  law  is  REPEALED
and a new subdivision 4 is added to read as follows:
  4.  WHENEVER  A TEACHING POSITION IS ABOLISHED PURSUANT TO SUBDIVISION
THREE OF THIS SECTION, SHOULD A VACANCY OCCUR IN THE  SAME  POSITION  AT
THE  SAME  SCHOOL  OR  ADMINISTRATIVE OFFICE WITHIN ONE YEAR OF THE DATE
WHEN THE POSITION WAS ABOLISHED, THE PRINCIPAL,  OR  THE  CHANCELLOR  OR
DESIGNEE,  SHALL  OFFER THE POSITION TO THE PERSON WHO HELD THE POSITION
BEFORE IT WAS ABOLISHED. IF THE PERSON REJECTS THE OFFER,  OR  FAILS  TO
RESPOND TO THE OFFER WITHIN THIRTY DAYS, THE PERSON SHALL NO LONGER HAVE
A  RIGHT  TO RETURN TO THE POSITION. IF MORE THAN ONE POSITION WAS ABOL-
ISHED IN THE SAME LICENSE AREA AT  THE  SAME  SCHOOL  OR  ADMINISTRATIVE
OFFICE,  AND  THERE  ARE  FEWER  VACANCIES IN THE SAME LICENSE AREA THAN
PERSONS WHOSE POSITIONS WERE ABOLISHED, THE PRINCIPAL, THE CHANCELLOR OR
DESIGNEE, SHALL HAVE DISCRETION TO  DETERMINE  WHICH  PERSON  SHOULD  BE
OFFERED THE POSITION FIRST.
  S 3. Subdivision 7 of section 2588 of the education law is REPEALED.
  S 4. Section 3013 of the education law, as added by section 737 of the
laws of 1992, is amended to read as follows:
  S 3013. Abolition of office or position. 1. [If] EXCEPT IN THE CASE OF
TEACHING  OR  SUPERVISORY  POSITIONS  IN CITY SCHOOL DISTRICTS IN CITIES
WITH ONE MILLION INHABITANTS OR MORE, IF a trustee, board  of  trustees,
board  of  education  or board of cooperative educational services abol-
ishes 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] EXCEPT IN THE CASE OF TEACHING OR SUPERVISORY POSITIONS
IN CITY SCHOOL DISTRICTS IN CITIES WITH ONE MILLION INHABITANTS OR MORE,
WHENEVER a trustee, board of trustee, board of  education  or  board  of
cooperative  educational  services abolishes a position under this chap-
ter, the services of the teacher  having  the  least  seniority  in  the
system  within  the tenure of the position abolished shall be discontin-
ued.
  3. (a) [If] EXCEPT IN THE CASE OF TEACHING OR SUPERVISORY POSITIONS IN
CITY SCHOOL DISTRICTS IN CITIES WITH ONE MILLION INHABITANTS OR MORE, IF
an office or position is abolished or if it is consolidated with another
position without creating a new position, the person filling such  posi-
tion  at  the  time  of its abolishment or consolidation shall be placed
upon a preferred eligible list of candidates for appointment to a vacan-
cy that then exists or that may thereafter occur in an office  or  posi-
tion  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. 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.

A. 10482                            4

  (b) The persons on such preferred list shall be reinstated, in accord-
ance  with  the  terms  of  paragraph  (a)  of this subdivision, to such
substitute positions of five months or more in  duration,  as  may  from
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.
  4. IN CITY SCHOOL DISTRICTS OF CITIES WITH ONE MILLION INHABITANTS  OR
MORE, ABOLITION OF TEACHING OR SUPERVISORY OFFICES OR POSITIONS SHALL BE
CONDUCTED   IN   ACCORDANCE  WITH  SECTION  TWO  THOUSAND  FIVE  HUNDRED
EIGHTY-EIGHT OF THIS CHAPTER.
  S 5. This act shall take effect immediately.

co-Sponsors

multi-Sponsors

2009-A10482A (ACTIVE) - Details

Current Committee:: Assembly Education
Law Section:: Education Law
Laws Affected:: Amd §§2588 & 3013, rpld §2588 subs 3, 4 & 7, Ed L

2009-A10482A (ACTIVE) - Summary

2009-A10482A (ACTIVE) - Sponsor Memo

                                BILL NUMBER:A10482A

TITLE  OF  BILL:   An act to amend the education law, in relation to the
retaining quality teachers and teachers in shortage subject  areas  when
teaching  positions  are  eliminated  in city school districts of cities
having one million or more inhabitants; and to repeal certain provisions
of the education law relating thereto

PURPOSE: Establishes  procedures  regarding  the  retention  of  quality
teachers and teachers in shortage subject areas in instances when teach-
ing positions are eliminated in certain school districts.

SUMMARY  OF  PROVISIONS:   Section 1: Amends the education law regarding
the abolition of positions to include city school  districts  of  cities
with one million people or more.

Section  2:  Provides  that  a  school  principal  shall  make decisions
concerning which staff and positions are to be abolished after consider-
ing the recommendations of  a  school-based  committee.  Such  committee
shall  be  comprised of administrators, teachers and parents.  Specifies
the factors to be considered when determining which positions and  staff
shall  be  abolished.  Establishes  guidelines  for the continuation and
termination of employment for certain positions.

Section 3: Repeals paragraphs (b) and (c) of subdivision  3  of  section
2588 of the education law.

Section 4; Adds a new subdivision 4 to section 2588 of the education law
to establish procedures regarding the filling of vacancies.

Section 5: Repeals subdivision 7 of section 2588 of the education law.

Section  6:  Exempts  teaching  or  supervisory positions in city school
districts in cities with one million inhabitants or, more.

JUSTIFICATION: Currently, whenever school districts eliminate positions,
state law requires that the newest teachers in the  entire  district  be
the  first fired. Because layoffs must be made without regard to teacher
quality and based solely on seniority, school districts  facing  serious
budget cuts could lose an entire generation of new teachers. It is well-
documented  that  teacher  quality is paramount when it comes to student
achievement, and the existing statute means that great educators may  be
lost while ineffective teachers are retained.

Moreover,  because  new teachers have the lowest salaries in the system,
the current requirements mean that more teachers have to  be  eliminated
to  meet  the  same budget reduction targets than if layoffs were deter-
mined on merit and the  salaries  of  excessed  teachers  reflected  the
general  distribution of teacher salaries. Layoffs made under the exist-
ing statute would create unnecessarily high spikes in  class  sizes  and
student-teacher  ratios,  issues  that have been a longstanding priority
for the Legislature.

The "last hired, first fired" requirement for large cities  particularly
creates  substantial  disparities  between  communities, with those that
have a preponderance of new teachers forced to bear  a  disproportionate
share of the burden of layoffs. In New York City, where as many as 8,500
teaching positions may be eliminated, Community School District 7 in the
South  Bronx  and  District  2  in  Manhattan stand to lose 21% and 19%,
respectively, of their teaching, personnel, while District 31 in  Staten
Island  would  lose  just  5%.    Three out of five of the New York City
community school districts facing the highest percentage of layoffs  are
in the South Bronx.

Additionally,  the  last  hired,  first  fired  requirement,  because it
applies to the City as a whole, makes it virtually impossible for  indi-
vidual  schools  to  eliminate positions due to enrollment decreases, or
for schools to be closed  for  academic  failure,  without  engaging  in
"bumping"  throughout  the  system.  This  game  of musical chairs would
displace teachers in schools across the City.

To avoid this operational chaos, the  City  of  New  York  maintains  an
"Absent  Teacher  Reserve," in which teachers whose positions are elimi-
nated because of excessing in individual  schools  continue  to  receive
full salaries and benefits indefinitely, regardless of whether they find
a new, permanent teaching assignment. (This is distinct from the "rubber
room," for teachers removed for incompetence or malfeasance.) While most
of  these  teachers do find a new assignment in short order, some remain
in the ATR pool for more than a year, either, unable or  unmotivated  to
find  a new position. As a result, the City of New York currently spends
more than $110 million annually on salaries and benefits for teachers in
the ATR pool. This is unacceptable in the current  fiscal  climate,  and
particularly  objectionable  at  a  time when active, effective teachers
face layoffs.

The proposed legislation would, in instances of citywide teacher layoffs
in cities with populations over 1,000,000, allow layoffs to be made at a
consistent rate across all communities  and  schools  and  would  enable
principals,  in  conjunction  with  committees  of teachers, parents and
administrators, to determine which positions to eliminate. Such determi-
nations would be based on school needs for particular license areas and,
when more than one person holds a position within the same license area,
on the following criteria:  significant relevant  contributions,  accom-
plishments,  or  performance; relevant supplemental professional experi-
ences as demonstrated in the job;  office  or  school  needs,  including
curriculum  specialized  education, degrees, licenses or areas of exper-
tise; and length of satisfactory service.

The legislation would enable schools and communities to share the burden
of layoffs equally, and ensure that  the  most  effective  teachers  and
those  in  shortage subject areas would be retained. In such a scenario,
teachers without  assignments  could  be  excessed  before  teachers  in
schools, depending on the determination of the chancellor.

The  legislation  would also put a one-year cap on guaranteed salary and
benefits for teachers who  lose  their  positions  due  to  school-based
excessing  or  school closures. The proposal mirrors a policy instituted
by Chicago under the leadership of Arne Duncan, the current U.S.  Secre-
tary  of  Education.  This would still enable teachers to receive a full
year of undiminished compensation, while creating  a  greater  incentive
for  teachers  to  find  new  assignments and substantially reducing the
fiscal burden on the city school district.

The Center of American Progress, a progressive,  Washington-based  think
tank,  recently wrote: "These stakes are particularly high for disadvan-
taged students, who depend far more on educators to teach them what they
need to know. Some researchers have found that if a  low-income  student
has a highly effective teacher for three years in a row, the student can
perform  just as well as middle-class peers.  This can potentially erase
the achievement gap between these groups."  This legislation would  make
state  law  consistent  with the objective of ensuring all that students
have access to high-quality teachers.

LEGISLATIVE HISTORY: New Bill.

FISCAL IMPLICATIONS:  None to State.

EFFECTIVE DATE: Immediately.

2009-A10482A (ACTIVE) - Bill Text download pdf

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

                                10482--A

                          I N  A S S E M B L Y

                              April 2, 2010
                               ___________

Introduced  by  M. of A. BING, BENJAMIN -- read once and referred to the
  Committee on Education -- committee discharged, bill amended,  ordered
  reprinted as amended and recommitted to said committee

AN  ACT to amend the education law, in relation to the retaining quality
  teachers and teachers in shortage subject areas  when  teaching  posi-
  tions  are  eliminated  in  city school districts of cities having one
  million or more inhabitants; and to repeal certain provisions  of  the
  education law relating thereto

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

  Section 1.  This act shall be known and may  be  cited  as  "the  keep
effective and excellent professionals in the classroom act."
  S  2.  The  section  heading  of section 2588 of the education law, as
added by chapter 521 of the laws of 1976, is amended to read as follows:
  Seniority, retention and displacement rights in connection with aboli-
tion of positions in city school districts of cities having [more  than]
one million inhabitants OR MORE.
  S  3.  Subdivision  3 of section 2588 of the education law is REPEALED
and a new subdivision 3 is added to read as follows:
  3. (A) NOTWITHSTANDING ANY OTHER PROVISION OF  LAW  TO  THE  CONTRARY,
WHENEVER  THE  CITY  SCHOOL  DISTRICT  ABOLISHES TEACHING OR SUPERVISORY
POSITIONS CITYWIDE AS A RESULT OF A CITYWIDE BUDGET REDUCTION IN ACCORD-
ANCE WITH PARAGRAPH B  OF  SUBDIVISION  FIVE-A  OF  SECTION  TWENTY-FIVE
HUNDRED  SEVENTY-SIX  OF  THIS  ARTICLE  AND  THE  MAINTENANCE OF EFFORT
REQUIREMENTS APPLICABLE TO THE CITY OF NEW YORK.
  (I) DECISIONS CONCERNING WHICH POSITIONS WITHIN INDIVIDUAL SCHOOLS ARE
TO BE ABOLISHED, AND WHICH PERSONS OCCUPYING SUCH POSITIONS  ARE  TO  BE
ABOLISHED,  AND  WHICH  PERSONS  OCCUPYING SUCH POSITIONS ARE TO BE LAID
OFF, SHALL BE MADE BY THE PRINCIPAL, CONSISTENT WITH GUIDANCE PROMULGAT-
ED BY THE CHANCELLOR PURSUANT TO THIS SECTION. THE PRINCIPAL SHALL  MAKE
THE  DECISION  AFTER  CONSIDERING  THE RECOMMENDATIONS OF A SCHOOL-BASED
COMMITTEE COMPRISED OF TEACHERS, ADMINISTRATORS AND PARENTS. THE FOLLOW-
ING FACTORS SHALL BE CONSIDERED IN DETERMINING WHICH POSITIONS SHALL  BE
ABOLISHED AND WHICH PERSONS OCCUPYING SUCH POSITIONS ARE TO BE LAID OFF:

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

                                                           LBD16675-03-0

A. 10482--A                         2

(A)  SCHOOL  NEEDS  FOR PARTICULAR LICENSE AREAS; AND (B) WHEN MORE THAN
ONE PERSON HOLDS A POSITION WITHIN THE SAME LICENSE AREA:    SIGNIFICANT
RELEVANT  CONTRIBUTIONS,  ACCOMPLISHMENTS,  OR  PERFORMANCE OF EACH SUCH
PERSON;  RELEVANT  SUPPLEMENTAL  PROFESSIONAL  EXPERIENCES  OF EACH SUCH
PERSON AS DEMONSTRATED ON THE JOB; OFFICE OR  SCHOOL  NEEDS,  INCLUDING:
CURRICULUM  SPECIALIZED  EDUCATION, DEGREES, LICENSES OR AREAS OF EXPER-
TISE; AND LENGTH OF SATISFACTORY SERVICE BY EACH SUCH PERSON.
  (II) IN THE CASE OF TEACHERS OR SUPERVISORS WHO ARE ASSIGNED TO  POSI-
TIONS  THAT  ARE  NOT WITHIN INDIVIDUAL SCHOOLS, OR WHO HAVE BEEN DISCI-
PLINED PURSUANT TO SECTION THREE THOUSAND TWENTY-A OF THIS  CHAPTER  AND
ARE NOT ASSIGNED TO A FULL-TIME POSITION, THE CHANCELLOR SHALL DETERMINE
WHETHER  THE PERSON WILL BE LAID OFF PURSUANT TO GUIDANCE PROMULGATED BY
THE CHANCELLOR.
  (B) NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY,  WHEN-
EVER  THE  CITY  SCHOOL DISTRICT ABOLISHES TEACHING OR SUPERVISORY POSI-
TIONS AT INDIVIDUAL SCHOOLS IN ORDER TO  MEET  SCHOOL  BUDGETARY  NEEDS,
REORGANIZE  FUNCTIONS,  OR  FOR  OTHER  COMPELLING REASONS, OUTSIDE OF A
CITYWIDE REDUCTION IN ACCORDANCE WITH PARAGRAPH (A) OF THIS SUBDIVISION,
DECISIONS CONCERNING WHICH POSITIONS ARE TO BE ABOLISHED SHALL  BE  MADE
BY THE PRINCIPAL, CONSISTENT WITH GUIDANCE PROMULGATED BY THE CHANCELLOR
PURSUANT  TO  THIS  SECTION. THE PRINCIPAL SHALL MAKE THE DECISION AFTER
CONSIDERING THE RECOMMENDATIONS OF A SCHOOL-BASED COMMITTEE COMPRISED OF
TEACHERS, ADMINISTRATORS AND PARENTS. THE  FOLLOWING  FACTORS  SHALL  BE
CONSIDERED  IN  DETERMINING WHICH POSITIONS SHALL BE ABOLISHED AND WHICH
PERSONS OCCUPYING SUCH POSITIONS ARE TO BE LAID OFF:  (I)  SCHOOL  NEEDS
FOR PARTICULAR LICENSE AREAS; AND (II) WHEN MORE THAN ONE PERSON HOLDS A
POSITION  WITHIN  THE  SAME  LICENSE AREA: SIGNIFICANT RELEVANT CONTRIB-
UTIONS, ACCOMPLISHMENTS, OR PERFORMANCE OF EACH  SUCH  PERSON;  RELEVANT
SUPPLEMENTAL  PROFESSIONAL  EXPERIENCES  OF  EACH  SUCH PERSON AS DEMON-
STRATED ON THE  JOB;  OFFICE  OR  SCHOOL  NEEDS,  INCLUDING:  CURRICULUM
SPECIALIZED  EDUCATION,  DEGREES,  LICENSES  OR  AREAS OF EXPERTISE; AND
LENGTH OF SATISFACTORY SERVICE BY EACH SUCH PERSON. A TEACHER OR  SUPER-
VISOR WHOSE POSITION IS ABOLISHED PURSUANT TO THIS SUBPARAGRAPH SHALL BE
ELIGIBLE TO REMAIN EMPLOYED BY THE DISTRICT WITH NO DIMINUTION IN SALARY
OR  BENEFITS FOR ONE YEAR FROM THE DATE UPON WHICH THE PERSON'S POSITION
WAS ABOLISHED, PROVIDED THAT (A) IF THE PERSON IS A NON-TENURED  EMPLOY-
EE, THE PERSON'S PERFORMANCE HAS BEEN SATISFACTORY; (B) IF THE PERSON IS
A  TENURED  EMPLOYEE,  THE  PERSON HAS NOT BEEN SUSPENDED WITHOUT PAY OR
RECEIVED A PENALTY OF TERMINATION IN  PROCEEDINGS  PURSUANT  TO  SECTION
THREE THOUSAND TWENTY-A OF THIS CHAPTER; AND (C) SHOULD CITYWIDE LAYOFFS
IN  ACCORDANCE  WITH  PARAGRAPH  (A)  OF THIS SUBDIVISION BE CARRIED OUT
DURING THIS ONE-YEAR PERIOD, THE CHANCELLOR SHALL DETERMINE WHETHER  THE
PERSON WILL BE LAID OFF PURSUANT TO GUIDANCE PROMULGATED BY THE CHANCEL-
LOR.  NOTWITHSTANDING  ANY OTHER LAWS TO THE CONTRARY, INCLUDING BUT NOT
LIMITED TO SECTION THREE THOUSAND TWENTY AND THREE THOUSAND TWENTY-A  OF
THIS  CHAPTER, AFTER THE EXPIRATION OF ONE YEAR, A TEACHER OR SUPERVISOR
WHO REMAINS EMPLOYED BY THE DISTRICT PURSUANT TO THIS SUBPARAGRAPH SHALL
BE TERMINATED AUTOMATICALLY UNLESS THE TEACHER OR  SUPERVISOR  HAS  BEEN
REGULARLY APPOINTED TO A NON-SUBSTITUTE POSITION IN THE DISTRICT.
  (C)  NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, WHEN-
EVER THE CITY SCHOOL DISTRICT ABOLISHES TEACHING POSITIONS  DUE  TO  THE
CLOSURE OR PHASE-OUT OF A SCHOOL, A TEACHER OR SUPERVISOR WHOSE POSITION
IS  ABOLISHED  PURSUANT  TO  THIS  PARAGRAPH SHALL BE ELIGIBLE TO REMAIN
EMPLOYED BY THE DISTRICT WITH NO DIMINUTION IN SALARY  OR  BENEFITS  FOR
ONE  YEAR FROM THE DATE UPON WHICH THE TEACHER'S POSITION WAS ABOLISHED,
PROVIDED THAT (I) IF THE PERSON IS A NON-TENURED EMPLOYEE, THE  PERSON'S

A. 10482--A                         3

PERFORMANCE  HAS  BEEN  SATISFACTORY;  (II)  IF  THE PERSON IS A TENURED
EMPLOYEE, THE PERSON HAS NOT BEEN SUSPENDED WITHOUT PAY  OR  RECEIVED  A
PENALTY OF TERMINATION IN PROCEEDINGS PURSUANT TO SECTION THREE THOUSAND
TWENTY-A  OF  THIS CHAPTER; AND (III) SHOULD CITYWIDE LAYOFFS IN ACCORD-
ANCE WITH PARAGRAPH (A) OF THIS SUBDIVISION BE CARRIED OUT  DURING  THIS
ONE-YEAR  PERIOD, THE CHANCELLOR SHALL DETERMINE WHETHER THE PERSON WILL
BE LAID OFF PURSUANT TO GUIDANCE PROMULGATED BY THE CHANCELLOR. NOTWITH-
STANDING ANY OTHER LAWS TO THE CONTRARY, INCLUDING BUT  NOT  LIMITED  TO
SECTION  THREE THOUSAND TWENTY AND THREE THOUSAND TWENTY-A OF THIS CHAP-
TER, AFTER THE EXPIRATION OF ONE  YEAR,  A  TEACHER  OR  SUPERVISOR  WHO
REMAINS  EMPLOYED  BY  THE  DISTRICT PURSUANT TO THIS PARAGRAPH SHALL BE
TERMINATED AUTOMATICALLY UNLESS THE TEACHER OR SUPERVISOR HAS BEEN REGU-
LARLY APPOINTED TO A NON-SUBSTITUTE POSITION IN THE DISTRICT.
  S 4. Subdivision 4 of section 2588 of the education  law  is  REPEALED
and a new subdivision 4 is added to read as follows:
  4.  WHENEVER  A TEACHING POSITION IS ABOLISHED PURSUANT TO SUBDIVISION
THREE OF THIS SECTION, SHOULD A VACANCY OCCUR IN THE  SAME  POSITION  AT
THE  SAME  SCHOOL  OR  ADMINISTRATIVE OFFICE WITHIN ONE YEAR OF THE DATE
WHEN THE POSITION WAS ABOLISHED, THE PRINCIPAL,  OR  THE  CHANCELLOR  OR
DESIGNEE,  SHALL  OFFER THE POSITION TO THE PERSON WHO HELD THE POSITION
BEFORE IT WAS ABOLISHED. IF THE PERSON REJECTS THE OFFER,  OR  FAILS  TO
RESPOND TO THE OFFER WITHIN THIRTY DAYS, THE PERSON SHALL NO LONGER HAVE
A  RIGHT  TO RETURN TO THE POSITION. IF MORE THAN ONE POSITION WAS ABOL-
ISHED IN THE SAME LICENSE AREA AT  THE  SAME  SCHOOL  OR  ADMINISTRATIVE
OFFICE,  AND  THERE  ARE  FEWER  VACANCIES IN THE SAME LICENSE AREA THAN
PERSONS WHOSE POSITIONS WERE ABOLISHED, THE PRINCIPAL, THE CHANCELLOR OR
DESIGNEE, SHALL HAVE DISCRETION TO  DETERMINE  WHICH  PERSON  SHOULD  BE
OFFERED THE POSITION FIRST.
  S 5. Subdivision 7 of section 2588 of the education law is REPEALED.
  S 6. Section 3013 of the education law, as added by chapter 737 of the
laws of 1992, is amended to read as follows:
  S 3013. Abolition of office or position. 1. [If] EXCEPT IN THE CASE OF
TEACHING  OR  SUPERVISORY  POSITIONS  IN CITY SCHOOL DISTRICTS IN CITIES
WITH ONE MILLION INHABITANTS OR MORE, IF a trustee, board  of  trustees,
board  of  education  or board of cooperative educational services abol-
ishes 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] EXCEPT IN THE CASE OF TEACHING OR SUPERVISORY POSITIONS
IN CITY SCHOOL DISTRICTS IN CITIES WITH ONE MILLION INHABITANTS OR MORE,
WHENEVER a trustee, board of [trustee] TRUSTEES, board of  education  or
board  of  cooperative  educational  services 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 discon-
tinued.
  3. (a) [If] EXCEPT IN THE CASE OF TEACHING OR SUPERVISORY POSITIONS IN
CITY SCHOOL DISTRICTS IN CITIES WITH ONE MILLION INHABITANTS OR MORE, IF
an office or position is abolished or if it is consolidated with another
position without creating a new position, the person filling such  posi-
tion  at  the  time  of its abolishment or consolidation shall be placed
upon a preferred eligible list of candidates for appointment to a vacan-
cy that then exists or that may thereafter occur in an office  or  posi-

A. 10482--A                         4

tion  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.  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.
  (b) The persons on such preferred list shall be reinstated, in accord-
ance with the terms of  paragraph  (a)  of  this  subdivision,  to  such
substitute  positions  of  five  months or more in duration, as may from
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.
  4. IN CITY SCHOOL DISTRICTS OF CITIES WITH ONE MILLION INHABITANTS  OR
MORE, ABOLITION OF TEACHING OR SUPERVISORY OFFICES OR POSITIONS SHALL BE
CONDUCTED   IN   ACCORDANCE  WITH  SECTION  TWO  THOUSAND  FIVE  HUNDRED
EIGHTY-EIGHT OF THIS CHAPTER.
  S 7. This act shall take effect immediately.

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Assembly Bill A10482

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BING

Archive: Last Bill Status - In Assembly Committee

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Michael Benjamin

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David Koon

Nettie Mayersohn

multi-Sponsors

Michael J. Fitzpatrick

Brian Kolb

Jack Quinn III

Frank Skartados

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