Assembly Bill A7642

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

                                  7642

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                              May 12, 2011
                               ___________

Introduced  by  M. of A. BING, HOYT, BOYLAND, PEOPLES-STOKES, J. MILLER,
  FITZPATRICK, KATZ -- Multi-Sponsored by -- M. of A.  CALHOUN  --  read
  once and referred to the Committee on Education

AN  ACT  to  amend the education law, in relation to annual professional
  performance reviews of classroom teachers and building principals  and
  in  relation  to  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 such law relating thereto

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

  Section  1. Subdivisions 2, 3, 7 and 8 of section 3012-c of the educa-
tion law, as added by chapter 103 of the laws of 2010,  are  amended  to
read as follows:
  2.  a.  The annual professional performance reviews conducted pursuant
to this section for classroom teachers  and  building  principals  shall
differentiate  teacher  and  principal effectiveness using the following
quality rating categories: highly effective, effective,  developing  and
ineffective,  with  explicit minimum and maximum scoring ranges for each
category, as prescribed in the regulations  of  the  commissioner.  Such
annual professional performance reviews shall result in a single compos-
ite  teacher or principal effectiveness score, which incorporates multi-
ple measures of effectiveness related to the criteria  included  in  the
regulations  of the commissioner. Except for the student growth measures
prescribed in paragraphs e, f and g of this  subdivision,  the  elements
comprising the composite effectiveness score shall be locally developed,
consistent  with  the  standards  prescribed  in  the regulations of the
commissioner, through negotiations conducted, pursuant to  the  require-
ments of article fourteen of the civil service law.
  b.   Annual  professional  performance  reviews  conducted  by  school
districts on or after July  first,  two  thousand  eleven  of  classroom

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11441-02-1
              

A. 7642                             2

teachers of common branch subjects or English language arts or mathemat-
ics  in  grades  four to eight and all building principals of schools in
which such teachers are employed shall be  conducted  pursuant  to  this
subdivision  and  shall use two thousand ten--two thousand eleven school
year student data as the baseline for the  initial  computation  of  the
composite  teacher  or  principal effectiveness score for such classroom
teachers and principals.
  c.  Annual  professional  performance  reviews  conducted  by   school
districts or boards of cooperative educational services on or after July
first,  two  thousand  [twelve] ELEVEN of all classroom teachers and all
building principals shall be conducted pursuant to this subdivision  and
shall use two thousand [eleven] TEN--two thousand [twelve] ELEVEN school
year  student  data  as  the baseline for the initial computation of the
composite teacher or principal effectiveness score  for  such  classroom
teachers  and principals. For purposes of this section, an administrator
in charge of an instructional program of a board of  cooperative  educa-
tional services shall be deemed to be a building principal.
  d.  Prior  to  any  evaluation being conducted in accordance with this
section, each individual who is responsible for conducting an evaluation
of a teacher or building principal shall receive appropriate training in
accordance with the regulations of the commissioner of education.
  e. For annual professional performance reviews conducted in accordance
with paragraph b of this subdivision in  the  two  thousand  eleven--two
thousand  twelve  school  year,  forty percent of the composite score of
effectiveness shall be based on student achievement measures as follows:
(i) twenty percent of the evaluation shall be based upon student  growth
data  on state assessments as prescribed by the commissioner or a compa-
rable measure of student growth if such growth data  is  not  available;
and  (ii)  twenty percent shall be based on other locally selected meas-
ures of student achievement that  are  determined  to  be  rigorous  and
comparable  across  classrooms in accordance with the regulations of the
commissioner and as are developed locally in a  manner  consistent  with
procedures  negotiated  pursuant to the requirements of article fourteen
of the civil service law.
  f. For annual professional performance reviews conducted in accordance
with paragraph c of this subdivision in any school  year  prior  to  the
first  school  year for which the board of regents has approved use of a
value-added growth model, but not earlier than the two thousand [twelve]
ELEVEN--two thousand [thirteen] TWELVE school year, forty percent of the
composite score of effectiveness shall be based on  student  achievement
measures as follows: (i) twenty percent of the evaluation shall be based
upon  student  growth  data  on  state  assessments as prescribed by the
commissioner or a comparable measure of student growth  if  such  growth
data  is  not available; and (ii) twenty percent shall be based on other
locally selected measures of student achievement that are determined  to
be  rigorous  and  comparable  across  classrooms in accordance with the
regulations of the commissioner and as are developed locally in a manner
consistent with procedures negotiated pursuant to  the  requirements  of
article fourteen of the civil service law.
  g. For annual professional performance reviews conducted in accordance
with  paragraph c of this subdivision in the first school year for which
the board of regents has approved use of a value-added growth model  and
thereafter,  forty percent of the composite score of effectiveness shall
be based on student achievement measures  as  follows:  (i)  twenty-five
percent  of  the  evaluation  shall be based upon student growth data on
state assessments as prescribed by  the  commissioner  or  a  comparable

A. 7642                             3

measure of student growth if such growth data is not available; and (ii)
fifteen  percent  shall  be  based on other locally selected measures of
student achievement that are determined to be  rigorous  and  comparable
across classrooms in accordance with the regulations of the commissioner
and  as  are  locally  developed  in a manner consistent with procedures
negotiated pursuant to the requirements of article fourteen of the civil
service law. The department shall develop the value-added  growth  model
and  shall  consult  with the advisory committee established pursuant to
subdivision seven of this section prior to recommending that  the  board
of regents approve its use in evaluations.
  h. The remaining percent of the evaluations, ratings and effectiveness
scores  shall  be  locally  developed,  consistent  with  the  standards
prescribed in the regulations of the commissioner, through  negotiations
conducted pursuant to article fourteen of the civil service law.
  i.  For  purposes  of this section, student growth means the change in
student achievement for an individual student between two or more points
in time.
  3. Nothing in  this  section  shall  be  construed  to  excuse  school
districts  or  boards of cooperative educational services from complying
with the standards set forth in the regulations of the commissioner  for
conducting annual professional performance reviews of classroom teachers
or  principals,  including  but  not  limited to required quality rating
categories, in conducting evaluations prior to July first, two  thousand
eleven,  [or] AND, for classroom teachers or principals subject to para-
graph c of subdivision two of this section, prior  to  July  first,  two
thousand [twelve] ELEVEN.
  7. The regulations adopted pursuant to this section shall be developed
in consultation with an advisory committee consisting of representatives
of  teachers,  principals,  superintendents  of  schools, school boards,
school district and board of cooperative educational services  officials
and  other  interested  parties.  The  regulations  shall also take into
account any (i) professional  teaching  standards;  (ii)  standards  for
professional  contexts;  and  (iii)  standards for a continuum of system
support for teachers and principals developed in consultation  with  the
advisory  committee.  Regulations  promulgated  pursuant to this section
shall be effective no later than [July] JUNE first, two thousand eleven,
for implementation in  the  two  thousand  eleven--two  thousand  twelve
school year.
  8.  Notwithstanding  any other provision of law, rule or regulation to
the contrary, all collective bargaining agreements applicable to  class-
room  teachers or building principals entered into after July first, two
thousand ten shall be consistent  with  requirements  of  this  section.
Nothing  in  this section shall be construed to abrogate any conflicting
provisions of any collective bargaining  agreement  in  effect  on  July
first,  two thousand ten during the term of such agreement and until the
entry into a successor collective bargaining  agreement,  provided  that
notwithstanding any other provision of law to the contrary, upon expira-
tion  of  such term and the entry into a successor collective bargaining
agreement the provisions of this  section  shall  apply.    Furthermore,
nothing  in  this section or in any rule or regulation promulgated here-
under shall in any way, alter, impair or diminish the rights of a  local
collective  bargaining representative to negotiate evaluation procedures
in accordance with article fourteen of the civil service  law  with  the
school  district  or board of cooperative educational services; PROVIDED
HOWEVER SHOULD A SCHOOL DISTRICT OR  BOARD  OF  COOPERATIVE  EDUCATIONAL
SERVICES  AND A LOCAL COLLECTIVE BARGAINING REPRESENTATIVE FAIL TO AGREE

A. 7642                             4

TO NEW EVALUATION PROCEDURES NO LATER THAN ONE HUNDRED EIGHTY DAYS PRIOR
TO THE START OF THE TWO THOUSAND ELEVEN--TWO THOUSAND TWELVE SCHOOL YEAR
AND SUBSEQUENT SCHOOL YEARS, THE MATTER SHALL BE REFERRED TO THE  PUBLIC
EMPLOYMENT  RELATIONS  BOARD FOR ARBITRATION. WITHIN TWO DAYS OF RECEIPT
OF NOTIFICATION FROM THE SCHOOL DISTRICT OR BOARD OF COOPERATIVE  EDUCA-
TIONAL  SERVICES  OR THE LOCAL COLLECTIVE BARGAINING REPRESENTATIVE, THE
BOARD SHALL SUBMIT TO THE PARTIES A  LIST  OF  QUALIFIED,  DISINTERESTED
PERSONS  FOR  THE  SELECTION  OF  A  SINGLE ARBITRATOR. EACH PARTY SHALL
ALTERNATELY STRIKE FROM THE LIST ONE OF THE  NAMES  WITH  THE  ORDER  OF
STRIKING  DETERMINED  BY  LOT,  UNTIL  THE REMAINING ONE PERSON SHALL BE
DESIGNATED TO HEAR THE MATTER. THIS PROCESS SHALL  BE  COMPLETED  WITHIN
ONE  DAY  OF RECEIPT OF THIS LIST. THE PARTIES SHALL NOTIFY THE BOARD OF
THE DESIGNATED ARBITRATOR. THE ARBITRATION SHALL BE COMMENCED  NO  LATER
THAN SEVEN DAYS AND COMPLETED NO LATER THAN THIRTY DAYS FROM THE DATE OF
THE  NOTIFICATION  OF  THE BOARD PROVIDED THAT NOTWITHSTANDING ANY OTHER
PROVISION OF LAW, RULE OR REGULATION TO THE  CONTRARY,  NO  ADJOURNMENTS
MAY  BE  GRANTED  THAT  WOULD  EXTEND THE ARBITRATION BEYOND SUCH THIRTY
DAYS.  THE ARBITRATOR SHALL ISSUE A DECISION TO THE PARTIES  WITHIN  TEN
DAYS  UPON  COMPLETION  OF THE HEARING. SAID DECISION SHALL BE FINAL AND
BINDING ON THE RESPECTIVE PARTIES FOR THE TWO THOUSAND ELEVEN--TWO THOU-
SAND TWELVE SCHOOL YEAR AND SUBSEQUENT SCHOOL YEARS AND NOT  SUBJECT  TO
JUDICIAL  REVIEW  PURSUANT TO ARTICLE SEVENTY-FIVE OF THE CIVIL PRACTICE
LAW AND RULES OR ANY OTHER  LAW,  RULE  OR  REGULATION.  THE  RESPECTIVE
PARTIES  SHALL  EQUALLY  SHARE  THE COST OF THE ARBITRATOR.   SHOULD THE
SCHOOL DISTRICT OR BOARD OF COOPERATIVE EDUCATIONAL SERVICES AND A LOCAL
COLLECTIVE BARGAINING REPRESENTATIVE FAIL TO  AGREE  TO  NEW  EVALUATION
PROCEDURES  PURSUANT  TO  ARTICLE  FOURTEEN  OF THE CIVIL SERVICE LAW NO
LATER THAN ONE HUNDRED EIGHTY DAYS PRIOR TO THE START OF EACH SUCCESSIVE
SCHOOL YEAR, THE PUBLIC ARBITRATION PROCESS SET FORTH  IN  THIS  SECTION
SHALL APPLY FOR EACH SUCCESSIVE SCHOOL YEAR FOR WHICH THERE IS NO AGREED
TO EVALUATION PROCESS.
  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, RULE OR  REGULATION
TO  THE CONTRARY, THE CITY SCHOOL DISTRICT AND ITS EMPLOYEES' COLLECTIVE
BARGAINING AGENTS SHALL ESTABLISH A PROCEDURE GOVERNING THE  ABOLISHMENT
OR  REDUCTION  OF TEACHING OR SUPERVISORY POSITIONS CITYWIDE PURSUANT TO
THE REQUIREMENTS OF ARTICLE FOURTEEN OF THE CIVIL SERVICE LAW. ANY  SUCH
LOCALLY  ESTABLISHED  PROCESS  SHALL  NOT PERMIT AN EMPLOYEE'S LENGTH OF
SERVICE TO BE THE SOLE FACTOR IN ANY DECISION REGARDING WHICH  POSITIONS
ARE  TO BE ABOLISHED AND WHICH PERSONS OCCUPYING SUCH POSITIONS SHALL BE
LAID OFF; PROVIDED, HOWEVER, THAT ANY  CONSIDERATION  OF  AN  EMPLOYEE'S
LENGTH OF FAITHFUL AND COMPETENT SERVICE AS A FACTOR FOR THE ABOLISHMENT
OF POSITIONS OR PERSONS TO BE LAID OFF OCCUPYING SUCH POSITIONS MAY ONLY
BE  CONSIDERED  IN  A MANNER BENEFICIAL TO AN EMPLOYEE AND THAT ANY SUCH
LOCALLY ESTABLISHED PROCESS SHALL NOT PERMIT AN EMPLOYEE'S SALARY TO  BE
A  FACTOR  IN ANY DECISION REGARDING WHICH POSITIONS ARE TO BE ABOLISHED
AND WHICH PERSONS OCCUPYING  SUCH  POSITIONS  SHALL  BE  LAID  OFF;  AND
PROVIDED  FURTHER  THAT ANY SUCH LOCALLY ESTABLISHED PROCESS MUST ENSURE
THAT HIGH QUALITY TEACHERS IN HIGH-NEED SCHOOLS ARE  NOT  LAID  OFF  AND
THAT HIGH-NEED SCHOOLS DO NOT BEAR A DISPROPORTIONATE SHARE OF WORKFORCE

A. 7642                             5

REDUCTIONS  PURSUANT  TO  A  CITYWIDE  LAYOFF; PROVIDED HOWEVER, NOTHING
SHALL PROHIBIT THE CITY SCHOOL DISTRICT FROM ABOLISHING ALL POSITIONS IN
A LICENSE AREA PURSUANT TO SUBPARAGRAPH  (IV)  OF  THIS  PARAGRAPH.  FOR
PURPOSES  OF  THIS  SECTION,  A  HIGH-NEED  SCHOOL SHALL BE DEFINED AS A
SCHOOL IN WHICH AT LEAST NINETY PERCENT OF  THE  ENROLLED  STUDENTS  ARE
ELIGIBLE  APPLICANTS  FOR  THE FREE AND REDUCED PRICE LUNCH PROGRAM. FOR
POSITIONS COVERED BY SECTION THREE THOUSAND TWELVE-C  OF  THIS  CHAPTER,
ANY  SUCH  LOCALLY DEVELOPED PROCESS SHALL BE SIGNIFICANTLY BASED ON THE
ANNUAL PROFESSIONAL PERFORMANCE  REVIEW  FOR  TEACHERS  AND  SUPERVISORS
PURSUANT  TO  SECTION  THREE  THOUSAND  TWELVE-C OF THIS CHAPTER AND ITS
IMPLEMENTING REGULATIONS. UNTIL AND  UNLESS  SUCH  A  PROCESS  HAS  BEEN
ESTABLISHED  AT  LEAST NINETY DAYS BEFORE THE EFFECTIVE DATE OF ANY SUCH
ABOLISHMENT OR REDUCTION OF TEACHING OR SUPERVISORY  POSITIONS  CITYWIDE
FOR  THE  TWO  THOUSAND  ELEVEN--TWO  THOUSAND  TWELVE  SCHOOL YEAR, THE
FOLLOWING SHALL APPLY:
  (I) THE FOLLOWING TEACHERS OR SUPERVISORS SHALL BE LAID OFF  PRIOR  TO
ANY OTHER TEACHERS OR SUPERVISORS:
  (A) ANY TEACHER OR SUPERVISOR WHO RECEIVED TWO RATINGS OF "UNSATISFAC-
TORY"  ON  HIS OR HER ANNUAL PROFESSIONAL PERFORMANCE REVIEW IN THE LAST
FIVE SCHOOL YEARS;
  (B) ANY TEACHER OR SUPERVISOR WHO RECEIVED ONE RATING OF  "UNSATISFAC-
TORY"  ON  HIS  OR HER ANNUAL PROFESSIONAL PERFORMANCE REVIEW IN THE TWO
THOUSAND NINE--TWO THOUSAND TEN OR TWO THOUSAND TEN--TWO THOUSAND ELEVEN
SCHOOL YEAR;
  (C) ANY TEACHER OR SUPERVISOR, IF THE PERSON IS  A  TENURED  EMPLOYEE,
WHO  WITHIN  THE LAST FIVE YEARS HAS BEEN FINED OR SUSPENDED WITHOUT PAY
AS A PENALTY IMPOSED PURSUANT TO SECTION THREE THOUSAND TWENTY-A OF THIS
CHAPTER OR AS A RESULT OF A SETTLEMENT OF CHARGES  BROUGHT  PURSUANT  TO
SECTION THREE THOUSAND TWENTY-A OF THIS CHAPTER;
  (D)  ANY  TEACHER  OR  SUPERVISOR NOT CURRENTLY APPOINTED TO A REGULAR
POSITION IN A SCHOOL FOR A PERIOD OF SIX MONTHS OR MORE AS OF THE EFFEC-
TIVE DATE OF ANY CITYWIDE LAYOFF PURSUANT TO THIS SECTION;
  (E) ANY TEACHER OR  SUPERVISOR  CONVICTED  OF  A  QUALIFYING  CRIMINAL
OFFENSE IN THE PAST FIVE YEARS AND SINCE BEING APPOINTED AS A TEACHER OR
SUPERVISOR. "QUALIFYING CRIMINAL OFFENSE" SHALL MEAN:
  (1)  ANY  FELONY,  ANY CLASS A MISDEMEANOR, OR ANY CLASS B MISDEMEANOR
UNDER ARTICLE ONE HUNDRED TWENTY, ONE HUNDRED THIRTY, ONE HUNDRED  THIR-
TY-FIVE,  ONE HUNDRED FORTY, ONE HUNDRED FIFTY-FIVE, TWO HUNDRED TWENTY,
TWO HUNDRED THIRTY, TWO  HUNDRED  FORTY-FIVE,  TWO  HUNDRED  SIXTY,  TWO
HUNDRED  SIXTY-THREE  OR  TWO  HUNDRED SIXTY-FIVE OF THE PENAL LAW, OR A
FELONY OR MISDEMEANOR UNDER SECTIONS ELEVEN HUNDRED NINETY-TWO AND ELEV-
EN HUNDRED NINETY-THREE OF THE VEHICLE AND TRAFFIC LAW, OR
  (2) ANY OFFENSE IN ANY OTHER JURISDICTION FOR WHICH A  SENTENCE  TO  A
TERM OF IMPRISONMENT OF ONE YEAR OR OF MORE THAN ONE YEAR WAS AUTHORIZED
AND  IS  AUTHORIZED  IN THIS STATE IRRESPECTIVE OF WHETHER SUCH SENTENCE
WAS IMPOSED, OR
  (3) ANY OFFENSE IN ANY OTHER  JURISDICTION  THE  COMMISSION  OF  WHICH
CONSTITUTES  THE SUBSTANTIAL EQUIVALENT OF ANY OFFENSE UNDER ARTICLE ONE
HUNDRED TWENTY, ONE HUNDRED THIRTY, ONE HUNDRED THIRTY-FIVE, ONE HUNDRED
FORTY, ONE HUNDRED FIFTY-FIVE, TWO HUNDRED TWENTY, TWO  HUNDRED  THIRTY,
TWO  HUNDRED  FORTY-FIVE,  TWO HUNDRED SIXTY, TWO HUNDRED SIXTY-THREE OR
TWO HUNDRED SIXTY-FIVE OF THE PENAL LAW OR A FELONY OR MISDEMEANOR UNDER
SECTIONS ELEVEN HUNDRED NINETY-TWO AND ELEVEN  HUNDRED  NINETY-THREE  OF
THE VEHICLE AND TRAFFIC LAW;
  (F)  ANY  TEACHER  OR SUPERVISOR, IF THE PERSON IS A TENURED EMPLOYEE,
WHO WITHIN THE LAST FIVE YEARS HAS  BEEN  FINED  AS  A  PENALTY  IMPOSED

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PURSUANT TO CHARGES RELATED TO CHRONIC ABSENTEEISM, CHRONIC LATENESS, OR
IMPROPER  USE OR RECORDING OF LEAVE TIME OR AS A RESULT OF SETTLEMENT OF
CHARGES BROUGHT PURSUANT TO  CHARGES  RELATED  TO  CHRONIC  ABSENTEEISM,
CHRONIC LATENESS OR IMPROPER USE OR RECORDING OF LEAVE TIME;
  (G)  ANY  TEACHER OR SUPERVISOR WHO WITHIN THE LAST FIVE YEARS WAS THE
SUBJECT  OF  AN  INVESTIGATION  WHERE  ALLEGATIONS  OF  MISCONDUCT  WERE
SUBSTANTIATED  BY  THE  CITY  SCHOOL  DISTRICT'S SPECIAL COMMISSIONER OF
INVESTIGATION, THE CITY SCHOOL DISTRICT'S  OFFICE  OF  SPECIAL  INVESTI-
GATIONS OR THE CITY SCHOOL DISTRICT'S OFFICE OF EQUAL OPPORTUNITY; AND
  (H)  ANY  TEACHER OR SUPERVISOR WHO HAS FAILED TO FULFILL ALL REQUIRE-
MENTS FOR CERTIFICATION FROM THE DEPARTMENT AS OF AUGUST THIRTY-FIRST OF
THE YEAR IN WHICH THERE IS A CITYWIDE LAYOFF;
  (II) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, RULE OR REGULATION TO
THE CONTRARY, IN THE CASE THAT THE NUMBER  OF  TEACHING  OR  SUPERVISORY
POSITIONS  THAT  ARE ABOLISHED, OR THE NUMBER OF TEACHING OR SUPERVISORY
EMPLOYEES THAT ARE LAID OFF PURSUANT TO SUBPARAGRAPH (I) OF  THIS  PARA-
GRAPH  IS  GREATER  THAN THE NUMBER OF SUCH POSITIONS THAT MUST BE ABOL-
ISHED OR REDUCED AS A RESULT OF A CITYWIDE  LAYOFF,  THEN  THE  DECISION
CONCERNING  WHICH POSITIONS ARE TO BE ABOLISHED, AND WHICH PERSONS OCCU-
PYING SUCH POSITIONS ARE TO BE LAID OFF, SHALL  BE  MADE  IN  ACCORDANCE
WITH THIS SUBPARAGRAPH.
  THE  FOLLOWING  PROTOCOL  SHALL BE USED UNTIL SUCH TIME THAT THE TOTAL
NUMBER OF EMPLOYEES IDENTIFIED IS EQUAL TO THE TOTAL NUMBER OF  TEACHING
OR  SUPERVISORY  POSITIONS  ABOLISHED. FOR PURPOSES OF THE PROTOCOL, THE
CATEGORIES LISTED AS CLAUSES (A), (B), (C), (D), (E), (F), (G), AND  (H)
OF SUBPARAGRAPH (I) OF THIS PARAGRAPH SHALL BE RANKED ALPHABETICALLY (A)
THROUGH  (H), PROVIDED THAT (A) SHALL BE RANKED THE HIGHEST PRIORITY AND
(H) SHALL BE RANKED THE LOWEST PRIORITY. THE PROTOCOL  SHALL  BE  ESTAB-
LISHED AS FOLLOWS:
  (A)  TEACHERS  OR SUPERVISORS WHO FALL WITHIN ALL EIGHT OF THE CATEGO-
RIES LISTED AS CLAUSES (A), (B), (C), (D), (E),  (F),  (G)  AND  (H)  OF
SUBPARAGRAPH (I) OF THIS PARAGRAPH, IN ORDER OF THE COMBINED RANK PRIOR-
ITY OF THOSE EIGHT CATEGORIES;
  (B)  TEACHERS  OR  SUPERVISORS WHO FALL WITHIN SEVEN OF THE CATEGORIES
LISTED AS CLAUSES (A), (B), (C), (D), (E), (F), (G) AND (H) OF  SUBPARA-
GRAPH  (I)  OF THIS PARAGRAPH, IN ORDER OF THE COMBINED RANK PRIORITY OF
THOSE SEVEN CATEGORIES;
  (C) TEACHERS OR SUPERVISORS WHO FALL  WITHIN  SIX  OF  THE  CATEGORIES
LISTED  AS CLAUSES (A), (B), (C), (D), (E), (F), (G) AND (H) OF SUBPARA-
GRAPH (I) OF THIS PARAGRAPH, IN ORDER OF THE COMBINED RANK  PRIORITY  OF
THOSE SIX CATEGORIES;
  (D)  TEACHERS  OR  SUPERVISORS  WHO FALL WITHIN FIVE OF THE CATEGORIES
LISTED AS CLAUSES (A), (B), (C), (D), (E), (F), (G) AND (H) OF  SUBPARA-
GRAPH  (I)  OF THIS PARAGRAPH, IN ORDER OF THE COMBINED RANK PRIORITY OF
THOSE FIVE CATEGORIES;
  (E) TEACHERS OR SUPERVISORS WHO FALL WITHIN  FOUR  OF  THE  CATEGORIES
LISTED  AS CLAUSES (A), (B), (C), (D), (E), (F), (G) AND (H) OF SUBPARA-
GRAPH (I) OF THIS PARAGRAPH, IN ORDER OF THE COMBINED RANK  PRIORITY  OF
THOSE FOUR CATEGORIES;
  (F)  TEACHERS  OR  SUPERVISORS WHO FALL WITHIN THREE OF THE CATEGORIES
LISTED AS CLAUSES (A), (B), (C), (D), (E), (F), (G) AND (H) OF  SUBPARA-
GRAPH  (I)  OF THIS PARAGRAPH, IN ORDER OF THE COMBINED RANK PRIORITY OF
THOSE THREE CATEGORIES;
  (G) TEACHERS OR SUPERVISORS WHO FALL  WITHIN  TWO  OF  THE  CATEGORIES
LISTED  AS CLAUSES (A), (B), (C), (D), (E), (F), (G) AND (H) OF SUBPARA-

A. 7642                             7

GRAPH (I) OF THIS PARAGRAPH, IN ORDER OF THE COMBINED RANK  PRIORITY  OF
THOSE TWO CATEGORIES;
  (H)  TEACHERS  OR SUPERVISORS WHO RECEIVED TWO RATINGS OF "UNSATISFAC-
TORY" IN ANY OF THE LAST FIVE SCHOOL YEARS ON THEIR ANNUAL  PROFESSIONAL
PERFORMANCE REVIEW; PROVIDED, HOWEVER THAT IF FEWER LAYOFFS ARE REQUIRED
THAN  THERE  ARE  PERSONS IN THIS CATEGORY, LAYOFFS SHALL BE DONE IN THE
FOLLOWING ORDER:
  (1) A TEACHER OR SUPERVISOR WITH THE HIGHEST NUMBER OF  UNSATISFACTORY
RATINGS IN THE LAST FIVE YEARS; AND
  (2)  A TEACHER OR SUPERVISOR WITH AN UNSATISFACTORY RATING RECEIVED IN
THE MOST RECENT YEAR OR YEARS;
  (I) A TEACHER OR SUPERVISOR WHO RECEIVED AN UNSATISFACTORY  RATING  IN
EITHER  THE TWO THOUSAND NINE--TWO THOUSAND TEN OR TWO THOUSAND TEN--TWO
THOUSAND ELEVEN SCHOOL YEAR, HOWEVER THAT IF FEWER LAYOFFS ARE  REQUIRED
THAN  THERE  ARE  PERSONS IN THIS CATEGORY, LAYOFFS SHALL BE DONE IN THE
FOLLOWING ORDER:
  (1) A TEACHER OR SUPERVISOR WITH UNSATISFACTORY RATINGS  IN  BOTH  TWO
THOUSAND NINE--TWO THOUSAND TEN AND TWO THOUSAND TEN--TWO THOUSAND ELEV-
EN; AND
  (2)  A TEACHER OR SUPERVISOR WITH AN UNSATISFACTORY RATING RECEIVED IN
THE TWO THOUSAND TEN--TWO THOUSAND ELEVEN SCHOOL YEAR;
  (J) ANY TEACHER OR SUPERVISOR, IF THE PERSON IS  A  TENURED  EMPLOYEE,
WHO  WITHIN  THE LAST FIVE YEARS HAS BEEN FINED OR SUSPENDED WITHOUT PAY
AS A PENALTY IMPOSED PURSUANT TO SECTION THREE THOUSAND TWENTY-A OF THIS
CHAPTER OR AS A RESULT OF A SETTLEMENT OF CHARGES  BROUGHT  PURSUANT  TO
SECTION  THREE THOUSAND TWENTY-A OF THIS CHAPTER; PROVIDED, HOWEVER THAT
IF FEWER LAYOFFS ARE REQUIRED THAN THERE ARE PERSONS  IN  THIS  CATEGORY
PERSONS SHALL BE LAID OFF IN ORDER OF THE MOST RECENT DISPOSITION;
  (K)  ANY  TEACHER  OR SUPERVISOR WITH A CURRENT STATUS AS A TEACHER OR
SUPERVISOR NOT APPOINTED TO A PERMANENT POSITION IN A SCHOOL FOR A PERI-
OD OF SIX MONTHS OR MORE AS OF THE EFFECTIVE DATE OF ANY CITYWIDE LAYOFF
PURSUANT TO THIS SECTION; PROVIDED, HOWEVER THAT IF  FEWER  LAYOFFS  ARE
REQUIRED  THAN THERE ARE PERSONS IN THIS CATEGORY, LAYOFFS SHALL BE DONE
IN ORDER OF PERSONS WHO HAVE BEEN WITHOUT AN  APPOINTED  POSITION  TO  A
SCHOOL THE LONGEST PERIOD OF TIME;
  (L)  ANY  TEACHER  OR  SUPERVISOR  CONVICTED  OF A QUALIFYING CRIMINAL
OFFENSE IN THE PAST FIVE YEARS AND SINCE BEING APPOINTED AS A TEACHER OR
SUPERVISOR.  "QUALIFYING CRIMINAL OFFENSE" SHALL MEAN:
  (1) ANY FELONY, ANY CLASS A MISDEMEANOR, OR ANY  CLASS  B  MISDEMEANOR
UNDER  ARTICLE ONE HUNDRED TWENTY, ONE HUNDRED THIRTY, ONE HUNDRED THIR-
TY-FIVE, ONE HUNDRED FORTY, ONE HUNDRED FIFTY-FIVE, TWO HUNDRED  TWENTY,
TWO  HUNDRED  THIRTY,  TWO  HUNDRED  FORTY-FIVE,  TWO HUNDRED SIXTY, TWO
HUNDRED SIXTY-THREE OR TWO HUNDRED SIXTY-FIVE OF  THE  PENAL  LAW  OR  A
FELONY OR MISDEMEANOR UNDER SECTIONS ELEVEN HUNDRED NINETY-TWO AND ELEV-
EN HUNDRED NINETY-THREE OF THE VEHICLE AND TRAFFIC LAW, OR
  (2)  ANY  OFFENSE  IN ANY OTHER JURISDICTION FOR WHICH A SENTENCE TO A
TERM OF IMPRISONMENT OF ONE YEAR OR OF MORE THAN ONE YEAR WAS AUTHORIZED
AND IS AUTHORIZED IN THIS STATE IRRESPECTIVE OF  WHETHER  SUCH  SENTENCE
WAS IMPOSED, OR
  (3)  ANY  OFFENSE  IN  ANY  OTHER JURISDICTION THE COMMISSION OF WHICH
CONSTITUTES THE SUBSTANTIAL EQUIVALENT OF ANY OFFENSE UNDER ARTICLE  ONE
HUNDRED TWENTY, ONE HUNDRED THIRTY, ONE HUNDRED THIRTY-FIVE, ONE HUNDRED
FORTY,  ONE  HUNDRED FIFTY-FIVE, TWO HUNDRED TWENTY, TWO HUNDRED THIRTY,
TWO HUNDRED FORTY-FIVE, TWO HUNDRED SIXTY, TWO  HUNDRED  SIXTY-THREE  OR
TWO HUNDRED SIXTY-FIVE OF THE PENAL LAW OR A FELONY OR MISDEMEANOR UNDER
SECTIONS  ELEVEN  HUNDRED  NINETY-TWO AND ELEVEN HUNDRED NINETY-THREE OF

A. 7642                             8

THE VEHICLE AND TRAFFIC LAW; PROVIDED, HOWEVER THAT IF FEWER LAYOFFS ARE
REQUIRED THAN THERE ARE PERSONS IN THIS CATEGORY, LAYOFFS SHALL BE  DONE
IN THE FOLLOWING ORDER:
  I.  A  TEACHER  OR  SUPERVISOR  CONVICTED OF A FELONY IN THE LAST FIVE
YEARS AND SINCE BEING APPOINTED AS A TEACHER OR SUPERVISOR, WITH LAYOFFS
DONE BASED UPON THE CHRONOLOGICAL  ORDER  OF  THE  DATE  OF  CONVICTION,
BEGINNING WITH THE MOST RECENT; AND
  II.  A TEACHER OR SUPERVISOR CONVICTED OF A CLASS A MISDEMEANOR IN THE
LAST FIVE YEARS AND SINCE BEING APPOINTED AS A  TEACHER  OR  SUPERVISOR,
WITH  LAYOFFS  DONE  BASED  UPON  THE CHRONOLOGICAL ORDER OF THE DATE OF
CONVICTION, BEGINNING WITH THE MOST RECENT; AND
  III. A TEACHER OR SUPERVISOR CONVICTED IN  THE  LAST  FIVE  YEARS  AND
SINCE  BEING APPOINTED AS A TEACHER OR SUPERVISOR OF A CLASS B MISDEMEA-
NOR UNDER ARTICLE ONE HUNDRED TWENTY, ONE HUNDRED  THIRTY,  ONE  HUNDRED
THIRTY-FIVE,  ONE  HUNDRED  FORTY,  ONE  HUNDRED FIFTY-FIVE, TWO HUNDRED
TWENTY, TWO HUNDRED THIRTY, TWO HUNDRED FORTY-FIVE, TWO  HUNDRED  SIXTY,
TWO  HUNDRED SIXTY-THREE OR TWO HUNDRED SIXTY-FIVE OF THE PENAL LAW OR A
MISDEMEANOR UNDER SECTIONS ELEVEN HUNDRED NINETY-TWO AND ELEVEN  HUNDRED
NINETY-THREE  OF  THE  VEHICLE  AND TRAFFIC LAW, WITH LAYOFFS DONE BASED
UPON THE CHRONOLOGICAL ORDER OF THE DATE OF CONVICTION,  BEGINNING  WITH
THE MOST RECENT;
  (M)  ANY TEACHER OR SUPERVISOR WHO HAS RECEIVED A FINE AS A PENALTY OR
AS PART OF A STIPULATION IN SETTLEMENT OF CHARGES OF CHRONIC ABSENTEEISM
OR LATENESS, OR IMPROPER USE  OR  RECORDING  OF  LEAVE  TIME;  PROVIDED,
HOWEVER THAT IF FEWER LAYOFFS ARE REQUIRED THAN THERE ARE PEOPLE IN THIS
CATEGORY, LAYOFFS SHALL BE DONE IN ORDER OF THE MOST RECENT DISPOSITION;
  (N)  ANY  TEACHER OR SUPERVISOR WHO WITHIN THE LAST FIVE YEARS WAS THE
SUBJECT  OF  AN  INVESTIGATION  WHERE  ALLEGATIONS  OF  MISCONDUCT  WERE
SUBSTANTIATED  BY  THE  CITY  SCHOOL  DISTRICT'S SPECIAL COMMISSIONER OF
INVESTIGATION, THE CITY SCHOOL DISTRICT'S  OFFICE  OF  SPECIAL  INVESTI-
GATIONS  OR  THE  CITY  SCHOOL  DISTRICT'S  OFFICE OF EQUAL OPPORTUNITY,
PROVIDED HOWEVER IF THERE ARE FEWER LAYOFFS THAN THERE  ARE  PERSONS  IN
THIS  CATEGORY, LAYOFFS SHALL BE DONE IN ORDER OF THE MOST RECENT INVES-
TIGATION OF SUBSTANTIATED ALLEGATIONS; AND
  (O) ANY TEACHER OR SUPERVISOR  WHO  HAS  FAILED  TO  FULFILL  ALL  THE
REQUIREMENTS  FOR  STATE  CERTIFICATION AS OF AUGUST THIRTY-FIRST OF THE
SCHOOL YEAR IN WHICH THERE IS A CITYWIDE  LAYOFF,  PROVIDED  HOWEVER  IF
THERE  ARE FEWER LAYOFFS THAN THERE ARE PERSONS IN THIS CATEGORY, TEACH-
ERS WHO HAVE BEEN WITHOUT FULL CERTIFICATION  FROM  THE  DEPARTMENT  THE
LONGEST SHALL BE LAID OFF FIRST.
  (III)  NOTWITHSTANDING  ANY OTHER PROVISION OF LAW, RULE OR REGULATION
TO THE CONTRARY, IN THE CASE THAT THE NUMBER OF TEACHING OR  SUPERVISORY
POSITIONS  THAT  ARE ABOLISHED, OR THE NUMBER OF TEACHING OR SUPERVISORY
EMPLOYEES THAT ARE LAID OFF PURSUANT TO SUBPARAGRAPH (I) OF  THIS  PARA-
GRAPH  IS FEWER THAN THE NUMBER OF SUCH POSITIONS THAT MUST BE ABOLISHED
OR REDUCED, THE DECISION CONCERNING WHICH ADDITIONAL POSITIONS ARE TO BE
ABOLISHED, AND WHICH PERSONS OCCUPYING SUCH POSITIONS  ARE  TO  BE  LAID
OFF, SHALL BE MADE IN ACCORDANCE WITH THIS SUBPARAGRAPH.  UPON NOTIFICA-
TION  BY  THE  CITY  SCHOOL  DISTRICT OF THE PUBLIC EMPLOYMENT RELATIONS
BOARD, THE MATTER OF HOW ADDITIONAL LAYOFFS SHALL BE  EFFECTUATED  SHALL
BE  REFERRED  TO ARBITRATION. WITHIN TWO DAYS OF RECEIPT OF THE PETITION
THE BOARD SHALL SUBMIT TO THE PARTIES A LIST OF QUALIFIED, DISINTERESTED
PERSONS FOR THE SELECTION OF  A  SINGLE  ARBITRATOR.  EACH  PARTY  SHALL
ALTERNATELY  STRIKE  FROM  THE  LIST  ONE OF THE NAMES WITH THE ORDER OF
STRIKING DETERMINED BY LOT, UNTIL THE  REMAINING  ONE  PERSON  SHALL  BE
DESIGNATED  TO  HEAR  THE MATTER. THIS PROCESS SHALL BE COMPLETED WITHIN

A. 7642                             9

ONE DAY OF RECEIPT OF THIS LIST. THE PARTIES SHALL NOTIFY THE  BOARD  OF
THE  DESIGNATED ARBITRATOR.  THE ARBITRATION SHALL BE COMMENCED NO LATER
THAN SEVEN DAYS AND COMPLETED NO LATER THAN THIRTY DAYS OF THE DATE  THE
PARTIES  NOTIFIED  THE  BOARD  OF  THE  DESIGNATION  OF  THE ARBITRATOR,
PROVIDED THAT NOTWITHSTANDING ANY OTHER PROVISION OF LAW, RULE OR  REGU-
LATION TO THE CONTRARY, NO ADJOURNMENTS MAY BE GRANTED THAT WOULD EXTEND
THE  ARBITRATION  BEYOND SUCH THIRTY DAYS.  THE ARBITRATOR SHALL ISSUE A
DECISION TO THE PARTIES WITHIN TEN DAYS OF COMPLETION  OF  THE  HEARING.
SAID  DECISION  SHALL BE FINAL AND BINDING ON THE RESPECTIVE PARTIES AND
NOT SUBJECT TO JUDICIAL REVIEW PURSUANT TO ARTICLE SEVENTY-FIVE  OF  THE
CIVIL  PRACTICE LAW AND RULES OR ANY OTHER LAW, RULE OR REGULATION. EACH
OF THE RESPECTIVE PARTIES SHALL EQUALLY SHARE THE COST OF  THE  ARBITRA-
TOR.  ANY DECISION ISSUED PURSUANT TO THIS SUBPARAGRAPH SHALL NOT PERMIT
AN  EMPLOYEE'S  LENGTH  OF SERVICE TO BE THE SOLE FACTOR IN ANY DECISION
REGARDING WHICH POSITIONS ARE TO BE ABOLISHED AND WHICH PERSONS  OCCUPY-
ING  SUCH  POSITIONS  SHALL  BE  LAID  OFF;  PROVIDED, HOWEVER, THAT ANY
CONSIDERATION OF AN EMPLOYEE'S LENGTH OF FAITHFUL AND COMPETENT  SERVICE
AS  A  FACTOR FOR THE ABOLISHMENT OF POSITIONS OR PERSONS TO BE LAID OFF
OCCUPYING SUCH POSITIONS MAY ONLY BE CONSIDERED IN A  MANNER  BENEFICIAL
TO  AN EMPLOYEE AND SHALL NOT PERMIT AN EMPLOYEE'S SALARY TO BE A FACTOR
IN ANY DECISION REGARDING WHICH POSITIONS ARE TO BE ABOLISHED AND  WHICH
PERSONS OCCUPYING SUCH POSITIONS SHALL BE LAID OFF; AND PROVIDED FURTHER
THAT  ANY  DECISION MUST ENSURE THAT IN A HIGH-NEED SCHOOL THE NUMBER OF
STAFF LAID OFF SHALL NOT EXCEED THE PERCENTAGE OF THE OVERALL NUMBER  OF
POSITIONS  IN  THE SCHOOL THAT REPRESENTS HALF OF THE AVERAGE PERCENTAGE
OF STAFF LAID OFF CITYWIDE; PROVIDED HOWEVER,  SAID  PERCENTAGE  MAY  BE
EXCEEDED WHERE THE CITY SCHOOL DISTRICT CHOOSES TO ABOLISH ALL POSITIONS
IN  A LICENSE AREA PURSUANT TO SUBPARAGRAPH (IV) OF THIS PARAGRAPH. SAID
PERCENTAGES SHALL BE CALCULATED EXCLUDING ANY  TEACHERS  OR  SUPERVISORS
LAID  OFF  PURSUANT TO SUBPARAGRAPHS (I) AND (II) OF THIS PARAGRAPH. FOR
PURPOSES OF THIS SECTION, A HIGH-NEED  SCHOOL  SHALL  BE  DEFINED  AS  A
SCHOOL  IN  WHICH  AT  LEAST NINETY PERCENT OF THE ENROLLED STUDENTS ARE
ELIGIBLE APPLICANTS FOR THE FREE AND REDUCED PRICE LUNCH PROGRAM.
  (IV) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, RULE OR REGULATION TO
THE CONTRARY, ANY LOCALLY DEVELOPED PROCESS PURSUANT TO THE REQUIREMENTS
OF ARTICLE FOURTEEN OF THE CIVIL SERVICE LAW, AND DECISION ISSUED PURSU-
ANT TO SUBPARAGRAPH (III) OF THIS PARAGRAPH, OR THE LAYOFFS  EFFECTUATED
PURSUANT TO SUBPARAGRAPH (V) OF THIS PARAGRAPH, THE CITY SCHOOL DISTRICT
SHALL  NOT  BE  PROHIBITED  FROM  ABOLISHING  ALL POSITIONS IN AN ENTIRE
LICENSE AREA.
  (V) SHOULD THE CITY SCHOOL  DISTRICT  AND  ITS  COLLECTIVE  BARGAINING
AGENTS  FAIL  TO  ESTABLISH  A  PROCEDURE  GOVERNING  THE ABOLISHMENT OR
REDUCTION OF TEACHING OR  SUPERVISORY  POSITIONS  CITYWIDE  PURSUANT  TO
ARTICLE  FOURTEEN  OF  THE  CIVIL  SERVICE LAW NO LATER THAN NINETY DAYS
PRIOR TO THE TWO THOUSAND TWELVE--TWO THOUSAND THIRTEEN SCHOOL YEAR  AND
SUBSEQUENT  SCHOOL  YEARS,  THE MATTER SHALL BE SUBMITTED TO ARBITRATION
PURSUANT TO THE PROCEDURES IN SUBPARAGRAPH (III) OF THIS PARAGRAPH.  ANY
DECISION ISSUED PURSUANT TO THIS  SUBPARAGRAPH  SHALL  BE  SIGNIFICANTLY
BASED  ON  THE  ANNUAL PROFESSIONAL PERFORMANCE REVIEW FOR THE PRECEDING
SCHOOL YEAR PURSUANT TO SECTION THREE THOUSAND TWELVE-C OF THIS  CHAPTER
AND  SHALL  NOT  PERMIT  AN  EMPLOYEE'S LENGTH OF SERVICE TO BE THE SOLE
FACTOR IN ANY DECISION REGARDING WHICH POSITIONS ARE TO BE ABOLISHED AND
WHICH PERSONS OCCUPYING SUCH POSITIONS  SHALL  BE  LAID  OFF;  PROVIDED,
HOWEVER,  THAT ANY CONSIDERATION OF AN EMPLOYEE'S LENGTH OF FAITHFUL AND
COMPETENT SERVICE AS A  FACTOR  FOR  THE  ABOLISHMENT  OF  POSITIONS  OR
PERSONS  TO  BE LAID OFF OCCUPYING SUCH POSITIONS MAY ONLY BE CONSIDERED

A. 7642                            10

IN A MANNER BENEFICIAL TO AN EMPLOYEE AND SHALL NOT PERMIT AN EMPLOYEE'S
SALARY TO BE A FACTOR IN ANY DECISION REGARDING WHICH POSITIONS  ARE  TO
BE  ABOLISHED  AND  WHICH PERSONS OCCUPYING SUCH POSITIONS SHALL BE LAID
OFF;  AND  PROVIDED FURTHER THAT ANY DECISION ENSURE THAT IN A HIGH-NEED
SCHOOL THE NUMBER OF STAFF LAID OFF SHALL NOT EXCEED THE  PERCENTAGE  OF
THE  OVERALL  NUMBER  OF POSITIONS IN THE SCHOOL THAT REPRESENTS HALF OF
THE AVERAGE PERCENTAGE OF STAFF LAID  OFF  CITYWIDE;  PROVIDED  HOWEVER,
SAID  PERCENTAGE  MAY BE EXCEEDED WHERE THE CITY SCHOOL DISTRICT CHOOSES
TO ABOLISH ALL POSITIONS IN A LICENSE AREA PURSUANT TO SUBPARAGRAPH (IV)
OF THIS PARAGRAPH. SAID PERCENTAGES SHALL BE  CALCULATED  EXCLUDING  ANY
TEACHERS  OR SUPERVISORS LAID OFF PURSUANT TO SUBPARAGRAPHS (I) AND (II)
OF THIS PARAGRAPH.  FOR PURPOSES OF THIS  SECTION,  A  HIGH-NEED  SCHOOL
SHALL  BE  DEFINED  AS  A SCHOOL IN WHICH AT LEAST NINETY PERCENT OF THE
ENROLLED STUDENTS ARE ELIGIBLE APPLICANTS FOR THE FREE AND REDUCED PRICE
LUNCH PROGRAM.
  (B) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, RULE OR REGULATION  TO
THE  CONTRARY,  THE  CITY  SCHOOL DISTRICT AND ITS EMPLOYEES' COLLECTIVE
BARGAINING AGENTS SHALL ESTABLISH A PROCEDURE GOVERNING THE  ABOLISHMENT
OR  REDUCTION OF TEACHING OR SUPERVISORY POSITIONS 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, PURSUANT TO THE REQUIREMENTS  OF
ARTICLE  FOURTEEN OF THE CIVIL SERVICE LAW. ANY SUCH LOCALLY ESTABLISHED
PROCESS SHALL NOT PERMIT AN EMPLOYEE'S LENGTH OF SERVICE TO BE THE  SOLE
FACTOR IN ANY DECISION REGARDING WHICH POSITIONS ARE TO BE ABOLISHED AND
WHICH  PERSONS  OCCUPYING  SUCH  POSITIONS  SHALL  BE EXCESSED; PROVIDED
HOWEVER THAT ANY CONSIDERATION OF AN EMPLOYEE'S LENGTH OF  FAITHFUL  AND
COMPETENT  SERVICE  AS  A  FACTOR  FOR  THE  ABOLISHMENT OF POSITIONS OR
PERSONS TO BE EXCESSED OCCUPYING SUCH POSITIONS MAY ONLY  BE  CONSIDERED
IN  A  MANNER BENEFICIAL TO AN EMPLOYEE AND THAT THE PROMULGATION OF ANY
SUCH REGULATION SHALL NOT PERMIT AN EMPLOYEE'S SALARY TO BE A FACTOR  IN
ANY  DECISION  REGARDING  WHICH  POSITIONS ARE TO BE ABOLISHED AND WHICH
PERSONS OCCUPYING  SUCH  POSITIONS  SHALL  BE  EXCESSED.  FOR  POSITIONS
COVERED  BY  SECTION  THREE  THOUSAND TWELVE-C OF THIS CHAPTER, ANY SUCH
LOCALLY DEVELOPED PROCESS SHALL BE SIGNIFICANTLY  BASED  ON  THE  ANNUAL
PROFESSIONAL PERFORMANCE REVIEW FOR TEACHERS AND SUPERVISORS PURSUANT TO
SUCH  SECTION  THREE THOUSAND TWELVE-C AND ITS IMPLEMENTING REGULATIONS.
UNTIL AND UNLESS SUCH A PROCESS HAS BEEN  ESTABLISHED  AT  LEAST  NINETY
DAYS  BEFORE  THE  START OF THE TWO THOUSAND ELEVEN--TWO THOUSAND TWELVE
SCHOOL YEAR, THE FOLLOWING SHALL APPLY:
  (I) DECISIONS CONCERNING WHICH POSITIONS ARE TO BE ABOLISHED SHALL  BE
MADE  IN  ACCORDANCE  WITH THE SAME PROCESS PRESCRIBED FOR MAKING LAYOFF
DECISIONS SET FORTH IN SUBPARAGRAPHS (I) AND (II) OF  PARAGRAPH  (A)  OF
THIS SUBDIVISION. IN THE CASE THAT THE NUMBER OF TEACHING OR SUPERVISORY
EMPLOYEES  EXCESSED IS FEWER THAN THE NUMBER OF SUCH POSITIONS THAT MUST
BE EXCESSED PURSUANT TO THIS SUBPARAGRAPH, THE MATTER SHALL BE  REFERRED
TO  ARBITRATION  AS  SET FORTH IN SUBPARAGRAPH (III) OF PARAGRAPH (A) OF
THIS SUBDIVISION.   ANY DECISION  BY  AN  ARBITRATOR  PURSUANT  TO  THIS
SUBPARAGRAPH  SHALL NOT PERMIT AN EMPLOYEE'S LENGTH OF SERVICE TO BE THE
SOLE FACTOR IN ANY DECISION REGARDING WHICH POSITIONS ARE  TO  BE  ABOL-
ISHED  AND  WHICH  PERSONS  OCCUPYING  SUCH POSITIONS SHALL BE EXCESSED;
PROVIDED HOWEVER THAT ANY  CONSIDERATION  OF  AN  EMPLOYEE'S  LENGTH  OF
FAITHFUL  AND COMPETENT SERVICE AS A FACTOR FOR THE ABOLISHMENT OF POSI-
TIONS OR PERSONS TO BE EXCESSED OCCUPYING SUCH  POSITIONS  MAY  ONLY  BE
CONSIDERED  IN A MANNER BENEFICIAL TO AN EMPLOYEE AND THAT THE PROMULGA-
TION OF ANY SUCH REGULATION SHALL NOT PERMIT AN EMPLOYEE'S SALARY TO  BE

A. 7642                            11

A  FACTOR  IN ANY DECISION REGARDING WHICH POSITIONS ARE TO BE ABOLISHED
AND WHICH PERSONS OCCUPYING SUCH POSITIONS SHALL BE EXCESSED. THE  ARBI-
TRATOR SHALL FURTHER BE REQUIRED TO INCORPORATE THE FOLLOWING FACTORS IN
ANY AWARD SETTING FORTH A PROCESS FOR THE DISTRICT REGARDING WHICH POSI-
TIONS  SHALL BE ABOLISHED AND WHICH PERSONS OCCUPYING SUCH POSITIONS ARE
TO BE EXCESSED:
  (A) SCHOOLS' NEEDS FOR PARTICULAR LICENSE AREAS; AND
  (B) WHEN MORE THAN ONE PERSON HOLDS A POSITION WITHIN THE SAME LICENSE
AREA:
  (1) SIGNIFICANT RELEVANT CONTRIBUTIONS, ACCOMPLISHMENTS,  OR  PERFORM-
ANCE OF EACH SUCH PERSON;
  (2) RELEVANT SUPPLEMENTAL PROFESSIONAL EXPERIENCES OF EACH SUCH PERSON
AS DEMONSTRATED ON THE JOB;
  (3)  OFFICE  OR  SCHOOL NEEDS, INCLUDING CURRICULUM SPECIALIZED EDUCA-
TION, DEGREES, LICENSES OR AREAS OF EXPERTISE; AND
  (4) LENGTH OF SATISFACTORY SERVICE BY EACH SUCH PERSON.  SHOULD  CITY-
WIDE  LAYOFFS  IN  ACCORDANCE  WITH PARAGRAPH (A) OF THIS SUBDIVISION BE
CARRIED OUT, A DETERMINATION OF WHETHER ANY TEACHER OR SUPERVISOR  SHALL
BE  LAID  OFF  WHOSE POSITION HAS BEEN ABOLISHED AND IS IN EXCESS FROM A
REGULARLY APPOINTED POSITION IN THE DISTRICT FOR LESS THAN  SIX  MONTHS,
SHALL BE MADE PURSUANT TO SUBPARAGRAPHS (I) AND (II) OF PARAGRAPH (A) OF
THIS SUBDIVISION.
  (II)  SHOULD  THE  CITY  SCHOOL DISTRICT AND ITS COLLECTIVE BARGAINING
AGENTS FAIL TO  ESTABLISH  A  PROCEDURE  GOVERNING  THE  ABOLISHMENT  OR
REDUCTION  OF  TEACHING  OR  SUPERVISORY POSITIONS AT INDIVIDUAL SCHOOLS
PURSUANT TO ARTICLE FOURTEEN OF THE CIVIL  SERVICE  LAW  NO  LATER  THAN
NINETY  DAYS  PRIOR  TO  THE  TWO THOUSAND TWELVE--TWO THOUSAND THIRTEEN
SCHOOL YEAR AND SUBSEQUENT SCHOOL YEARS, THE MATTER SHALL  BE  SUBMITTED
TO ARBITRATION PURSUANT TO THE PROCEDURES IN SUBPARAGRAPH (III) OF PARA-
GRAPH  A  OF  THIS  SUBDIVISION.  ANY  DECISION  ISSUED PURSUANT TO THIS
SUBPARAGRAPH SHALL BE SIGNIFICANTLY BASED  ON  THE  ANNUAL  PROFESSIONAL
PERFORMANCE  REVIEW  FOR  THE  PRECEDING SCHOOL YEAR PURSUANT TO SECTION
THREE THOUSAND TWELVE-C OF THIS CHAPTER AND SHALL NOT PERMIT AN  EMPLOY-
EE'S  LENGTH  OF SERVICE TO BE THE SOLE FACTOR IN ANY DECISION REGARDING
WHICH POSITIONS ARE TO BE ABOLISHED AND  WHICH  PERSONS  OCCUPYING  SUCH
POSITIONS  SHALL  BE EXCESSED; PROVIDED, HOWEVER, THAT ANY CONSIDERATION
OF AN EMPLOYEE'S LENGTH OF FAITHFUL AND COMPETENT SERVICE  AS  A  FACTOR
FOR  THE  ABOLISHMENT  OF  POSITIONS OR PERSONS TO BE EXCESSED OCCUPYING
SUCH POSITIONS MAY ONLY BE CONSIDERED  IN  A  MANNER  BENEFICIAL  TO  AN
EMPLOYEE AND SHALL NOT PERMIT AN EMPLOYEE'S SALARY TO BE A FACTOR IN ANY
DECISION REGARDING WHICH POSITIONS ARE TO BE ABOLISHED AND WHICH PERSONS
OCCUPYING SUCH POSITIONS SHALL BE EXCESSED;
  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 OR SUPERVISORY POSITION IS  ABOLISHED  PURSUANT
TO  SUBPARAGRAPH  (III)  OF  PARAGRAPH  (A) OF SUBDIVISION THREE OF THIS
SECTION EFFECTIVE BEFORE OR DURING THE TWO THOUSAND ELEVEN--TWO THOUSAND
TWELVE SCHOOL YEAR, 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  HIS  OR
HER  DESIGNEE, SHALL OFFER THE POSITION TO THE PERSON WHO HELD THE POSI-
TION 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
ABOLISHED  IN THE SAME LICENSE AREA AT THE SAME SCHOOL OR ADMINISTRATIVE
OFFICE, AND THERE ARE FEWER VACANCIES IN  THE  SAME  LICENSE  AREA  THAN

A. 7642                            12

PERSONS WHOSE POSITIONS WERE ABOLISHED, THE PRINCIPAL, OR THE CHANCELLOR
SHALL  HAVE  THE  DISCRETION TO DETERMINE WHICH PERSON SHOULD BE OFFERED
THE POSITION FIRST. THE CHANCELLOR SHALL PROMULGATE GUIDANCE  TO  DETER-
MINE  THE RIGHT OF RETURN OF ANY TEACHERS OR SUPERVISORS LAID OFF PURSU-
ANT TO SUBPARAGRAPH (IV) OF PARAGRAPH (A) OF SUBDIVISION THREE  OF  THIS
SECTION.  TEACHERS  OR SUPERVISORS LAID OFF PURSUANT TO SUBPARAGRAPH (I)
OF PARAGRAPH (A) OF SUBDIVISION THREE OF THIS SECTION  AND  SUBPARAGRAPH
(II)  OF  PARAGRAPH  (A)  OF  SUBDIVISION THREE OF THIS SECTION, AND ALL
TEACHERS OR SUPERVISORS LAID OFF EFFECTIVE FOR THE TWO THOUSAND  TWELVE-
-TWO  THOUSAND  THIRTEEN SCHOOL YEAR AND BEYOND, SHALL HAVE NO RIGHTS TO
RETURN TO A VACANT POSITION PURSUANT TO THIS SECTION.
  S 5. Subdivision 7 of section 2588 of the education law is REPEALED.
  S 6. Severability. If any clause, sentence, paragraph, section or part
of this act shall be adjudged by any court of competent jurisdiction  to
be  invalid  and  after  exhaustion  of all further judicial review, the
judgment shall not affect, impair or invalidate the  remainder  thereof,
but  shall  be  confined in its operation to the clause, sentence, para-
graph, section or part of this act directly involved in the  controversy
in which the judgment shall have been rendered.
  S 7. This act shall take effect immediately.