senate Bill S3501B

2011-2012 Legislative Session

Relates to retaining quality teachers when teaching positions are eliminated in city school districts in cities with a population of one million or more; repealer

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Archive: Last Bill Status - In Committee


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

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 04, 2012 referred to education
returned to senate
died in assembly
Mar 02, 2011 referred to education
Mar 01, 2011 delivered to assembly
passed senate
ordered to third reading cal.145
reported and committed to rules
Feb 26, 2011 print number 3501b
amend and recommit to education
Feb 25, 2011 print number 3501a
amend and recommit to education
Feb 23, 2011 referred to education

Votes

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Mar 1, 2011 - Rules committee Vote

S3501B
8
9
committee
8
Aye
9
Nay
6
Aye with Reservations
0
Absent
1
Excused
0
Abstained
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Mar 1, 2011 - Education committee Vote

S3501B
4
8
committee
4
Aye
8
Nay
6
Aye with Reservations
0
Absent
0
Excused
0
Abstained
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Bill Amendments

Original
A
B (Active)
Original
A
B (Active)

S3501 - Bill Details

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

S3501 - Bill Texts

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Relates to retaining quality teachers when teaching positions are eliminated in city school districts in cities with a population of one million or more.

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BILL NUMBER:S3501

TITLE OF BILL:

An act
to amend the education law, 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

PURPOSE OF THE BILL:

This bill would create a default layoff mechanism in New York City in
effect unless and until such time as the City of New York and its
teachers' union collectively bargain new layoff procedures.
Decision-making based solely on seniority would be prohibited in any
bargaining agreement.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1: Title.

Section 2: A technical change to section 2588 of the education law to
change "more than one million inhabitants" to "one million
inhabitants or more".

Section 3: requires the City school district and its employee
collective bargaining agents to establish a procedure governing the
abolishment or reduction of teaching or supervisory positions
citywide pursuant to article 14 of the civil service law. An
employee's length of service can no longer be the sale factor in
determining which positions to abolish. In addition, this section
ensures that high need schools (schools with greater than 90 percent
eligibility for free and reduced price lunch) do not bear a
disproportionate share of workforce reductions. In the absence of a
collective bargaining agreement governing staff reduction a default
layoff mechanism for New York City governs any citywide layoff in the
following manner:

* Seniority is no longer the sole basis for any layoff decision.

* The district will first make layoff decisions on a citywide basis,
based on specific categories of teachers. Per the provisions of this
bill, until such time as the City district and the union collectively
bargain a layoff procedure, these category-based layoffs would still
be made by license area {English, carpentry, common branch
elementary, etc.

* Under this bill there are nine categories established which
constitutes a subset of staff which would in the first instance be
laid off until the citywide layoff number is achieved. Staff that
fall into multiple categories would be laid off first and then
layoffs would proceed through each individual category until such
time as the citywide layoff number is achieved. Unless the entire


license is eliminated, the following teachers would be laid off first
within any given license area:

o A School-based personnel with at least one rating of
"unsatisfactory" in the five academic years preceding the year in
which layoffs would take effect;

o B - A finding of guilt on 3020-a charges without termination in the
last five years;

o C - Status as school-based personnel without a permanent position for
six months or more as of the start of the school year in which
layoffs will occur;

o D - Any convicted of criminal charges without termination in the
last five years;

o E - A finding of excessive or improper lateness or absenteeism
without adequate cause or improper use of leave time by a time and
attendance arbitrator in the last five years;

o F - Investigations by the Special Commissioner of Investigation (SCI),
the Office of Equal opportunity (OEO), or the Office of Special
Investigations (OSI) that led to substantiated allegations of
misconduct in the last five years;

o G - School based personnel who failed to fulfill all requirements
for state certification as of August 31 of the year in which
layoffs will be enacted;

o H - Teachers in grades 4-8 who for two years or more ranked in the
bottom thirty percent of all teachers in student test scores progress
as measured by the City school district's value added assessment
except for teachers who are licensed to teach special education or
special needs children; and

o I - Teachers granted an extension regarding tenure in the year
preceding city wide layoff.

* When the number of employees laid off by way of the above process is
less than the number of total layoffs required, the Regents will
promulgate regulations by that date governing the layoffs of any
additional teachers, beyond those laid off in the above process. Such
regulations must ensure that an employee's length of service is not
the sole factor in determining a layoff and that an employee's salary
is not a factor in layoff decisions. These additional layoffs need
not be made by license category.

* In the event the Regents do not promulgate regulations within 75
days of the first day of school, building principals will make
additional layoff decisions pursuant to guidance put forth by the
Chancellor. The principal shall make the decisions after considering
the recommendations of school based committee comprised of teachers,
administrators and parents.

* In schools where 90 percent of students receive free or
reduced-price lunch, layoffs made subsequent to the categories-based


layoff process shall not exceed a percentage of the overall number of
positions in the school that represents half of the average
percentage laid off made subsequent to the categories-based process
in schools citywide. This excludes employees in the categories
outlined above or employees laid off because of the system-wide
elimination of a license area. This requirement
would apply to any mechanism that is collectively bargained,
promulgated by the Regents or set forth by the
Chancellor and implemented by principals.

* When schools remove positions for any reason, absent a citywide
layoff condition, the sole basis for such decisions will not be
employee length of service. This bill requires such a process to be
collectively bargained, pursuant to education law 3012-c. In the
event it is not collectively bargained by 90 days before the start of
the school year, decisions are to be made using all above categories.
In the event the number of positions needed to be removed exceeds the
number in these categories, the Regents are to promulgate
regulations. In the event that by 75 days before the start of the
school year, the Regents have not promulgated regulations, principals
are to make the decision per guidance issued by the Chancellor. Such
regulations or guidance must ensure that employee length of service
is not the sole factor in layoff decisions and that salary is not a
factor in layoff decisions.

Section 4: requires employee rights to return to vacant positions to
be collectively bargained. In the absence of a collective bargaining
agreement when layoffs are made the following process shall apply:

Whenever a teaching or supervisory position is abolished pursuant to
the Regents or chancellor and 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 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 abolished 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, or the chancellor, shall have the
discretion to determine which person should be offered the position
first. Teachers or supervisors laid off pursuant to the nine
categories outlined above shall have no rights to return to a vacant
position pursuant.

Section 5: repeals paragraph 7 of section 2588 of the education law
which is replaced by language in Section 4.

Section 6: severability.

Section 7: effective date.

JUSTIFICATION:

This bill will allow high quality teachers to remain in the classroom
during years when citywide layoffs are required.


PRIOR LEGISLATIVE HISTORY:

New bill.

FISCAL IMPLICATIONS:

None to the State.

EFFECTIVE DATE:

This act shall take effect immediately.

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

                                  3501

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            February 23, 2011
                               ___________

Introduced  by Sen. FLANAGAN -- read twice and ordered printed, and when
  printed to be committed to the Committee on Education

AN ACT to amend the education law,  in  relation  to  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 such
  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, 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09505-07-1

S. 3501                             2

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
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 BASED ON THE ANNUAL  PROFES-
SIONAL  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, 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 A RATING OF "UNSATISFACTORY" ON HIS OR HER ANNUAL  PROFESSIONAL
PERFORMANCE REVIEW IN THE LAST FIVE SCHOOL YEARS OR "INEFFECTIVE" IN THE
EVENT  A NEW ANNUAL PROFESSIONAL PERFORMANCE REVIEW HAS BEEN IMPLEMENTED
PURSUANT TO SECTION THREE THOUSAND TWELVE-C OF  THIS  CHAPTER;  (B)  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; (C) 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 EFFECTIVE DATE OF ANY CITYWIDE LAYOFF
PURSUANT TO THIS SECTION; (D) ANY TEACHER  OR  SUPERVISOR  CONVICTED  OF
CRIMINAL  CHARGES THE PAST FIVE YEARS; (E) ANY TEACHER OR SUPERVISOR, IF
THE PERSON IS A TENURED EMPLOYEE, WHO WITHIN THE  LAST  FIVE  YEARS  HAS
BEEN  FINED  AS A PENALTY IMPOSED 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; (F) 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  INVESTIGATIONS  OR  THE  CITY SCHOOL DISTRICT'S OFFICE OF EQUAL
OPPORTUNITY; (G) ANY TEACHER OR SUPERVISOR WHO HAS FAILED TO FULFILL ALL
REQUIREMENTS FOR CERTIFICATION FROM THE DEPARTMENT AS OF AUGUST  THIRTY-
FIRST  OF THE YEAR IN WHICH THERE IS A CITYWIDE LAYOFF; (H) ANY TEACHER,
FOR TWO YEARS OR MORE, RANKED IN THE BOTTOM THIRTY PERCENT OF ALL TEACH-
ERS IN STUDENT TEST SCORES PROGRESS  AS  MEASURED  BY  THE  CITY  SCHOOL
DISTRICT'S  VALUE-ADDED  ASSESSMENT  EXCEPT  FOR  TEACHERS  WHO  WORK IN
LICENSES RELATED TO  TEACHING  CHILDREN  WITH  DISABILITIES  OR  SPECIAL
NEEDS;  AND  (I) TEACHERS OR SUPERVISORS WHO ENTERED AGREEMENTS TO SERVE
AN ADDITIONAL YEAR AS A  PROBATIONER  PURSUANT  TO  SECTION  TWENTY-FIVE
HUNDRED  SEVENTY-THREE  OF  THIS ARTICLE FOR THE SCHOOL YEAR PRECEDING A
CITYWIDE LAYOFF.

S. 3501                             3

  (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.
  (1)  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 PROTO-
COL, THE CATEGORIES LISTED AS CLAUSES (A), (B), (C), (D), (E), (F), (G),
(H) AND (I) OF SUBPARAGRAPH (I) OF THIS PARAGRAPH SHALL BE RANKED ALPHA-
BETICALLY (A) THROUGH (I), PROVIDED THAT (A) SHALL BE RANKED THE HIGHEST
PRIORITY AND (I) SHALL BE RANKED THE LOWEST PRIORITY. THE PROTOCOL SHALL
BE ESTABLISHED AS FOLLOWS:
  A. TEACHERS OR SUPERVISORS WHO FALL IN  ALL  NINE  OF  THE  CATEGORIES
LISTED  AS  CLAUSES  (A),  (B),  (C), (D), (E), (F), (G), (H) AND (I) OF
SUBPARAGRAPH (I) OF THIS PARAGRAPH;
  B. TEACHERS OR SUPERVISORS WHO FALL WITHIN  EIGHT  OF  THE  CATEGORIES
LISTED  AS  CLAUSES  (A),  (B),  (C), (D), (E), (F), (G), (H) AND (I) OF
SUBPARAGRAPH (I) OF THIS PARAGRAPH, IN ORDER OF THE COMBINED RANK PRIOR-
ITY OF THOSE EIGHT CATEGORIES;
  C. TEACHERS OR SUPERVISORS WHO FALL WITHIN  SEVEN  OF  THE  CATEGORIES
LISTED  AS  CLAUSES  (A),  (B),  (C), (D), (E), (F), (G), (H) AND (I) OF
SUBPARAGRAPH (I) OF THIS PARAGRAPH, IN ORDER OF THE COMBINED RANK PRIOR-
ITY OF THOSE SEVEN CATEGORIES;
  D. TEACHERS OR SUPERVISORS WHO FALL WITHIN SIX OF THE CATEGORIES LIST-
ED AS CLAUSES (A), (B), (C), (D), (E), (F), (G), (H) AND (I) OF SUBPARA-
GRAPH (I) OF THIS PARAGRAPH, IN ORDER OF THE COMBINED RANK  PRIORITY  OF
THOSE SIX CATEGORIES;
  E.  TEACHERS  OR  SUPERVISORS  WHO  FALL WITHIN FIVE OF THE CATEGORIES
LISTED AS CLAUSES (A), (B), (C), (D), (E), (F),  (G),  (H)  AND  (I)  OF
SUBPARAGRAPH (I) OF THIS PARAGRAPH, IN ORDER OF THE COMBINED RANK PRIOR-
ITY OF THOSE FIVE CATEGORIES;
  F.  TEACHERS  OR  SUPERVISORS  WHO  FALL WITHIN FOUR OF THE CATEGORIES
LISTED AS CLAUSES (A), (B), (C), (D), (E), (F),  (G),  (H)  AND  (I)  OF
SUBPARAGRAPH (I) OF THIS PARAGRAPH, IN ORDER OF THE COMBINED RANK PRIOR-
ITY OF THOSE FOUR CATEGORIES;
  G.  TEACHERS  OR  SUPERVISORS  WHO FALL WITHIN THREE OF THE CATEGORIES
LISTED AS CLAUSES (A), (B), (C), (D), (E), (F),  (G),  (H)  AND  (I)  OF
SUBPARAGRAPH (I) OF THIS PARAGRAPH, IN ORDER OF THE COMBINED RANK PRIOR-
ITY OF THOSE THREE CATEGORIES;
  H. TEACHERS OR SUPERVISORS WHO FALL WITHIN TWO OF THE CATEGORIES LIST-
ED AS CLAUSES (A), (B), (C), (D), (E), (F), (G), (H) AND (I) OF SUBPARA-
GRAPH  (I)  OF THIS PARAGRAPH, IN ORDER OF THE COMBINED RANK PRIORITY OF
THOSE TWO CATEGORIES;
  I. TEACHERS OR SUPERVISORS WHO RECEIVED A RATING  OF  "UNSATISFACTORY"
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:
  I.  A  TEACHER OR SUPERVISOR WITH THE HIGHEST NUMBER OF UNSATISFACTORY
RATINGS IN THE LAST FIVE YEARS; AND

S. 3501                             4

  II. A TEACHER OR SUPERVISOR WITH AN UNSATISFACTORY RATING RECEIVED  IN
THE MOST RECENT YEAR OR YEARS;
  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 CRIMINAL CHARGES IN THE LAST
FIVE YEARS; PROVIDED, HOWEVER THAT IF FEWER LAYOFFS  ARE  REQUIRED  THAN
THERE  ARE  PERSONS  IN THIS CATEGORY, LAYOFFS SHALL BE DONE IN ORDER OF
THE MOST RECENT CONVICTION;
  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;
  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;
  P. EXCEPT FOR TEACHERS WHO WORK IN LICENSES RELATED TO TEACHING  CHIL-
DREN  WITH DISABILITIES OR SPECIAL NEEDS, ANY TEACHER, WHO FOR TWO YEARS
OR MORE, RANKED IN THE BOTTOM THIRTY PERCENT OF ALL TEACHERS IN  STUDENT
TEST SCORES PROGRESS AS MEASURED BY THE CITY SCHOOL DISTRICT'S VALUE-AD-
DED  ASSESSMENT, PROVIDED HOWEVER, IF THERE ARE FEWER LAYOFFS THAN THERE
ARE PERSONS IN THIS CATEGORY, TEACHERS WITH THE LOWEST SCORES  SHALL  BE
LAID OFF FIRST; AND
  Q.  ANY  TEACHER  OR  SUPERVISOR  WHO ENTERED AN AGREEMENT TO SERVE AN
ADDITIONAL PROBATIONARY YEAR PURSUANT  TO  SECTION  TWENTY-FIVE  HUNDRED
SEVENTY-THREE  OF THIS ARTICLE, FOR THE SCHOOL YEAR PRECEDING A CITYWIDE
LAYOFF, PROVIDED HOWEVER, IF THERE ARE  FEWER  LAYOFFS  THAN  THERE  ARE
PERSONS  IN  THIS CATEGORY, TEACHERS OR SUPERVISORS WITH THE MOST NUMBER
OF ABSENCES 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 PARAGRAPH

S. 3501                             5

(A) OF THIS SUBDIVISION 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  POSI-
TIONS ARE TO BE LAID OFF, SHALL BE MADE IN ACCORDANCE WITH THIS SUBPARA-
GRAPH.
  (1)  THE BOARD OF REGENTS SHALL PROMULGATE REGULATIONS PRESCRIBING HOW
SUCH ADDITIONAL LAYOFFS SHALL BE EFFECTUATED. THE  PROMULGATION  OF  ANY
SUCH  REGULATION  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 POSI-
TIONS OR PERSONS TO BE LAID OFF 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  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  REGULATIONS  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 REPRES-
ENTS 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  SUBPARA-
GRAPH  (IV)  OF  THIS  PARAGRAPH.  SAID  PERCENTAGES SHALL BE CALCULATED
EXCLUDING ANY TEACHERS OR SUPERVISORS LAID OFF PURSUANT TO SUBPARAGRAPHS
(I) AND (II) OF PARAGRAPH (A) OF THIS SUBDIVISION. 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.
  (2)  SHOULD  THE  BOARD  OF  REGENTS FAIL TO PROMULGATE REGULATIONS NO
LATER THAN SEVENTY-FIVE DAYS PRIOR TO THE EFFECTIVE DATE OF  A  CITYWIDE
LAYOFF,  THE  BUILDING  PRINCIPAL SHALL DETERMINE WHICH ADDITIONAL POSI-
TIONS ARE TO BE ABOLISHED, AND WHICH ADDITIONAL PERSONS  OCCUPYING  SUCH
POSITIONS ARE TO BE LAID OFF CONSISTENT WITH GUIDANCE PROMULGATED BY THE
CHANCELLOR.  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.  ANY  SUCH  GUIDANCE
PROMULGATED  BY  THE CHANCELLOR 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 THE PROMUL-
GATION  OF ANY SUCH GUIDANCE 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

S. 3501                             6

PROVIDED FURTHER THAT ANY SUCH GUIDANCE PROMULGATED  BY  THE  CHANCELLOR
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 REGULATION PROMULGATED BY THE BOARD OF REGENTS OR ANY
LOCALLY DEVELOPED PROCESS PURSUANT TO THE REQUIREMENTS OF ARTICLE  FOUR-
TEEN  OF  THE  CIVIL  SERVICE LAW, THE CITY SCHOOL DISTRICT SHALL NOT BE
PROHIBITED FROM ABOLISHING ALL  POSITIONS  IN  AN  ENTIRE  LICENSE  AREA
PURSUANT TO GUIDANCE PROMULGATED BY THE CHANCELLOR.
  (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  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 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 BOARD  OF  REGENTS  SHALL
PROMULGATE  REGULATIONS ESTABLISHING THE PROCESS TO BE USED TO DETERMINE
WHICH POSITIONS SHALL BE ABOLISHED  AND  WHICH  PERSONS  OCCUPYING  SUCH
POSITIONS  SHALL  BE  EXCESSED.  THE PROMULGATION OF ANY SUCH REGULATION
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

S. 3501                             7

EXCESSED OCCUPYING SUCH POSITIONS MAY ONLY BE  CONSIDERED  IN  A  MANNER
BENEFICIAL  TO  AN  EMPLOYEE AND THAT THE PROMULGATION OF ANY SUCH REGU-
LATION SHALL NOT PERMIT AN EMPLOYEE'S SALARY TO BE A FACTOR IN ANY DECI-
SION  REGARDING  WHICH  POSITIONS  ARE TO BE ABOLISHED AND WHICH PERSONS
OCCUPYING SUCH POSITIONS SHALL BE EXCESSED.  SHOULD THE BOARD OF REGENTS
FAIL TO PROMULGATE REGULATIONS NO LATER THAN SEVENTY-FIVE DAYS PRIOR  TO
THE FIRST DAY OF THE SCHOOL YEAR, THE BUILDING PRINCIPAL SHALL DETERMINE
WHICH  TEACHERS OR SUPERVISORS ARE TO BE EXCESSED, CONSISTENT WITH GUID-
ANCE PROMULGATED BY THE CHANCELLOR PURSUANT  TO  THIS  SUBDIVISION.  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 EXCESSED: (1) SCHOOL NEEDS FOR PARTICULAR LICENSE  AREAS;  AND
(2)  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.
ANY SUCH GUIDANCE PROMULGATED BY THE  CHANCELLOR  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  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 GUIDANCE 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.  SHOULD CITYWIDE 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 SUBPAR-
AGRAPHS (I) AND (II) OF PARAGRAPH (A) OF THIS SUBDIVISION.
  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. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, RULE OR  REGULATION  TO
THE  CONTRARY,  THE  CITY  SCHOOL DISTRICT AND ITS COLLECTIVE BARGAINING
AGENTS SHALL ESTABLISH A PROCEDURE PURSUANT TO THE REQUIREMENTS OF ARTI-
CLE FOURTEEN OF THE CIVIL SERVICE LAW GOVERNING THE RIGHTS OF  EMPLOYEES
TO  RETURN  TO  VACANT  POSITIONS IN THE CITY SCHOOL DISTRICT. UNTIL AND
UNLESS A LOCALLY ESTABLISHED PROCEDURE IS ESTABLISHED  PURSUANT  TO  THE
REQUIREMENTS OF ARTICLE FOURTEEN OF THE CIVIL SERVICE LAW, THE FOLLOWING
SHALL APPLY CONCERNING THE RIGHTS OF EMPLOYEES TO RETURN TO VACANT POSI-
TIONS.   WHENEVER A TEACHING OR SUPERVISORY POSITION IS ABOLISHED PURSU-
ANT TO CLAUSES ONE AND TWO OF SUBPARAGRAPH (III)  OF  PARAGRAPH  (A)  OF
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 CHANCEL-
LOR  OR  HIS OR HER 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 ABOLISHED IN THE SAME LICENSE AREA AT THE  SAME  SCHOOL  OR

S. 3501                             8

ADMINISTRATIVE OFFICE, AND THERE ARE FEWER VACANCIES IN THE SAME LICENSE
AREA  THAN 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 DETERMINE THE RIGHT OF RETURN OF ANY TEACHERS OR SUPERVISORS LAID OFF
PURSUANT 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 CLAUSE ONE
OF SUBPARAGRAPH (II) OF PARAGRAPH  (A)  OF  SUBDIVISION  THREE  OF  THIS
SECTION, 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.

S3501A - Bill Details

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

S3501A - Bill Texts

view summary

Relates to retaining quality teachers when teaching positions are eliminated in city school districts in cities with a population of one million or more.

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

                                 3501--A

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            February 23, 2011
                               ___________

Introduced  by Sen. FLANAGAN -- read twice and ordered printed, and when
  printed to be committed 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 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  such
  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, 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09505-10-1

S. 3501--A                          2

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
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 BASED ON THE ANNUAL  PROFES-
SIONAL  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, 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 A RATING OF "UNSATISFACTORY" ON HIS OR HER ANNUAL  PROFESSIONAL
PERFORMANCE REVIEW IN THE LAST FIVE SCHOOL YEARS OR "INEFFECTIVE" IN THE
EVENT  A NEW ANNUAL PROFESSIONAL PERFORMANCE REVIEW HAS BEEN IMPLEMENTED
PURSUANT TO SECTION THREE THOUSAND TWELVE-C OF  THIS  CHAPTER;  (B)  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; (C) 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 EFFECTIVE DATE OF ANY CITYWIDE LAYOFF
PURSUANT TO THIS SECTION; (D) ANY TEACHER OR SUPERVISOR CONVICTED  OF  A
QUALIFYING CRIMINAL OFFENSE IN THE PAST FIVE YEARS. "QUALIFYING CRIMINAL
OFFENSE"  SHALL  MEAN:  (1)  ANY FELONY, ANY CLASS A MISDEMEANOR, OR 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,  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 ARTI-
CLE 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; (E) ANY TEACHER OR SUPERVI-
SOR, IF THE PERSON IS A TENURED EMPLOYEE, WHO WITHIN THE LAST FIVE YEARS
HAS BEEN FINED AS A PENALTY  IMPOSED  PURSUANT  TO  CHARGES  RELATED  TO

S. 3501--A                          3

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; (F) 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  INVESTIGATIONS  OR  THE  CITY SCHOOL DISTRICT'S OFFICE OF EQUAL
OPPORTUNITY; (G) ANY TEACHER OR SUPERVISOR WHO HAS FAILED TO FULFILL ALL
REQUIREMENTS FOR CERTIFICATION FROM THE DEPARTMENT AS OF AUGUST  THIRTY-
FIRST  OF THE YEAR IN WHICH THERE IS A CITYWIDE LAYOFF; (H) ANY TEACHER,
FOR TWO YEARS OR MORE, RANKED IN THE BOTTOM THIRTY PERCENT  OF  TEACHERS
IN  STUDENT  TEST  SCORES  PROGRESS  AS  MEASURED  BY  THE  CITY  SCHOOL
DISTRICT'S VALUE-ADDED  ASSESSMENT  EXCEPT  FOR  TEACHERS  WHO  WORK  IN
LICENSES  SPECIFIC  TO  TEACHING  CHILDREN  WITH DISABILITIES OR SPECIAL
NEEDS. VALUE-ADDED ASSESSMENTS SHALL CONTROL FOR FACTORS  INCLUDING  BUT
NOT  LIMITED TO THE STUDENT STATUS OR WHOLE CLASS AVERAGE IN THE FOLLOW-
ING CATEGORIES: PREVIOUS ACADEMIC OUTCOMES, FREE AND REDUCED PRICE LUNCH
STATUS, ENGLISH  LANGUAGE  LEARNER  STATUS,  SPECIAL  EDUCATION  STATUS,
PREVIOUS  SUSPENSIONS AND ABSENCES, GRADE-LEVEL RETENTION, SUMMER SCHOOL
PARTICIPATION, YEARS ATTENDING THE CURRENT  SCHOOL,  ETHNICITY,  GENDER,
AND  CLASS  SIZE; AND (I) TEACHERS OR SUPERVISORS WHO ENTERED AGREEMENTS
TO SERVE AN ADDITIONAL YEAR AS A PROBATIONER PURSUANT TO  SECTION  TWEN-
TY-FIVE  HUNDRED  SEVENTY-THREE  OF  THIS  ARTICLE  FOR  THE SCHOOL YEAR
PRECEDING 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.
  (1)  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 PROTO-
COL, THE CATEGORIES LISTED AS CLAUSES (A), (B), (C), (D), (E), (F), (G),
(H) AND (I) OF SUBPARAGRAPH (I) OF THIS PARAGRAPH SHALL BE RANKED ALPHA-
BETICALLY (A) THROUGH (I), PROVIDED THAT (A) SHALL BE RANKED THE HIGHEST
PRIORITY AND (I) SHALL BE RANKED THE LOWEST PRIORITY. THE PROTOCOL SHALL
BE ESTABLISHED AS FOLLOWS:
  A. TEACHERS OR SUPERVISORS WHO FALL IN  ALL  NINE  OF  THE  CATEGORIES
LISTED  AS  CLAUSES  (A),  (B),  (C), (D), (E), (F), (G), (H) AND (I) OF
SUBPARAGRAPH (I) OF THIS PARAGRAPH;
  B. TEACHERS OR SUPERVISORS WHO FALL WITHIN  EIGHT  OF  THE  CATEGORIES
LISTED  AS  CLAUSES  (A),  (B),  (C), (D), (E), (F), (G), (H) AND (I) OF
SUBPARAGRAPH (I) OF THIS PARAGRAPH, IN ORDER OF THE COMBINED RANK PRIOR-
ITY OF THOSE EIGHT CATEGORIES;
  C. TEACHERS OR SUPERVISORS WHO FALL WITHIN  SEVEN  OF  THE  CATEGORIES
LISTED  AS  CLAUSES  (A),  (B),  (C), (D), (E), (F), (G), (H) AND (I) OF
SUBPARAGRAPH (I) OF THIS PARAGRAPH, IN ORDER OF THE COMBINED RANK PRIOR-
ITY OF THOSE SEVEN CATEGORIES;
  D. TEACHERS OR SUPERVISORS WHO FALL WITHIN SIX OF THE CATEGORIES LIST-
ED AS CLAUSES (A), (B), (C), (D), (E), (F), (G), (H) AND (I) OF SUBPARA-

S. 3501--A                          4

GRAPH (I) OF THIS PARAGRAPH, IN ORDER OF THE COMBINED RANK  PRIORITY  OF
THOSE SIX CATEGORIES;
  E.  TEACHERS  OR  SUPERVISORS  WHO  FALL WITHIN FIVE OF THE CATEGORIES
LISTED AS CLAUSES (A), (B), (C), (D), (E), (F),  (G),  (H)  AND  (I)  OF
SUBPARAGRAPH (I) OF THIS PARAGRAPH, IN ORDER OF THE COMBINED RANK PRIOR-
ITY OF THOSE FIVE CATEGORIES;
  F.  TEACHERS  OR  SUPERVISORS  WHO  FALL WITHIN FOUR OF THE CATEGORIES
LISTED AS CLAUSES (A), (B), (C), (D), (E), (F),  (G),  (H)  AND  (I)  OF
SUBPARAGRAPH (I) OF THIS PARAGRAPH, IN ORDER OF THE COMBINED RANK PRIOR-
ITY OF THOSE FOUR CATEGORIES;
  G.  TEACHERS  OR  SUPERVISORS  WHO FALL WITHIN THREE OF THE CATEGORIES
LISTED AS CLAUSES (A), (B), (C), (D), (E), (F),  (G),  (H)  AND  (I)  OF
SUBPARAGRAPH (I) OF THIS PARAGRAPH, IN ORDER OF THE COMBINED RANK PRIOR-
ITY OF THOSE THREE CATEGORIES;
  H. TEACHERS OR SUPERVISORS WHO FALL WITHIN TWO OF THE CATEGORIES LIST-
ED AS CLAUSES (A), (B), (C), (D), (E), (F), (G), (H) AND (I) OF SUBPARA-
GRAPH  (I)  OF THIS PARAGRAPH, IN ORDER OF THE COMBINED RANK PRIORITY OF
THOSE TWO CATEGORIES;
  I. TEACHERS OR SUPERVISORS WHO RECEIVED A RATING  OF  "UNSATISFACTORY"
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:
  I.  A  TEACHER OR SUPERVISOR WITH THE HIGHEST NUMBER OF UNSATISFACTORY
RATINGS IN THE LAST FIVE YEARS; AND
  II. A TEACHER OR SUPERVISOR WITH AN UNSATISFACTORY RATING RECEIVED  IN
THE MOST RECENT YEAR OR YEARS;
  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. "QUALIFYING CRIMINAL OFFENSE" SHALL
MEAN: (A) ANY FELONY, ANY CLASS A  MISDEMEANOR,  OR  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 (B) 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 (C) ANY OFFENSE IN ANY OTHER JURISDICTION THE COMMISSION OF
WHICH CONSTITUTES THE SUBSTANTIAL EQUIVALENT OF ANY OFFENSE UNDER  ARTI-
CLE 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

S. 3501--A                          5

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; 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
  II.  A TEACHER OR SUPERVISOR CONVICTED OF A CLASS A MISDEMEANOR IN THE
LAST FIVE YEARS; AND
  III. A TEACHER OR SUPERVISOR CONVICTED IN  THE  MOST  RECENT  YEAR  OR
YEARS  OF  A  CLASS  B MISDEMEANOR 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;
  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;
  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;
  P. ANY TEACHER, FOR TWO YEARS OR MORE, RANKED  IN  THE  BOTTOM  THIRTY
PERCENT  OF  TEACHERS IN STUDENT TEST SCORES PROGRESS AS MEASURED BY THE
CITY SCHOOL DISTRICT'S VALUE-ADDED ASSESSMENT EXCEPT  FOR  TEACHERS  WHO
WORK  IN  LICENSES  SPECIFIC  TO  TEACHING CHILDREN WITH DISABILITIES OR
SPECIAL NEEDS. VALUE-ADDED ASSESSMENTS SHALL CONTROL FOR FACTORS INCLUD-
ING BUT NOT LIMITED TO THE STUDENT STATUS OR WHOLE CLASS AVERAGE IN  THE
FOLLOWING CATEGORIES: PREVIOUS ACADEMIC OUTCOMES, FREE AND REDUCED PRICE
LUNCH STATUS, ENGLISH LANGUAGE LEARNER STATUS, SPECIAL EDUCATION STATUS,
PREVIOUS  SUSPENSIONS AND ABSENCES, GRADE-LEVEL RETENTION, SUMMER SCHOOL
PARTICIPATION, YEARS ATTENDING THE CURRENT  SCHOOL,  ETHNICITY,  GENDER,
AND  CLASS SIZE, PROVIDED HOWEVER, IF THERE ARE FEWER LAYOFFS THAN THERE
ARE PERSONS IN THIS CATEGORY, TEACHERS WITH THE LOWEST SCORES  SHALL  BE
LAID OFF FIRST; AND
  Q.  ANY  TEACHER  OR  SUPERVISOR  WHO ENTERED AN AGREEMENT TO SERVE AN
ADDITIONAL PROBATIONARY YEAR PURSUANT  TO  SECTION  TWENTY-FIVE  HUNDRED
SEVENTY-THREE  OF THIS ARTICLE, FOR THE SCHOOL YEAR PRECEDING A CITYWIDE
LAYOFF, PROVIDED HOWEVER, IF THERE ARE  FEWER  LAYOFFS  THAN  THERE  ARE
PERSONS  IN  THIS CATEGORY, TEACHERS OR SUPERVISORS WITH THE MOST NUMBER
OF ABSENCES SHALL BE LAID OFF FIRST.

S. 3501--A                          6

  (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 PARAGRAPH
(A)  OF THIS SUBDIVISION 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 POSI-
TIONS ARE TO BE LAID OFF, SHALL BE MADE IN ACCORDANCE WITH THIS SUBPARA-
GRAPH.
  (1) THE BOARD OF REGENTS SHALL PROMULGATE REGULATIONS PRESCRIBING  HOW
SUCH  ADDITIONAL  LAYOFFS  SHALL BE EFFECTUATED. THE PROMULGATION OF ANY
SUCH REGULATION 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  POSI-
TIONS  OR  PERSONS  TO  BE LAID OFF 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 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  REGULATIONS  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 REPRES-
ENTS 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 SUBPARA-
GRAPH (IV) OF THIS  PARAGRAPH.  SAID  PERCENTAGES  SHALL  BE  CALCULATED
EXCLUDING ANY TEACHERS OR SUPERVISORS LAID OFF PURSUANT TO SUBPARAGRAPHS
(I)  AND (II) OF PARAGRAPH (A) OF THIS SUBDIVISION. 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.
  (2) SHOULD THE BOARD OF REGENTS  FAIL  TO  PROMULGATE  REGULATIONS  NO
LATER  THAN  SEVENTY-FIVE DAYS PRIOR TO THE EFFECTIVE DATE OF A CITYWIDE
LAYOFF, THE BUILDING PRINCIPAL SHALL DETERMINE  WHICH  ADDITIONAL  POSI-
TIONS  ARE  TO BE ABOLISHED, AND WHICH ADDITIONAL PERSONS OCCUPYING SUCH
POSITIONS ARE TO BE LAID OFF CONSISTENT WITH GUIDANCE PROMULGATED BY THE
CHANCELLOR. 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. ANY SUCH GUIDANCE
PROMULGATED BY THE CHANCELLOR 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

S. 3501--A                          7

BE CONSIDERED IN A MANNER BENEFICIAL TO AN EMPLOYEE AND THAT THE PROMUL-
GATION OF ANY SUCH GUIDANCE 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 GUIDANCE PROMULGATED  BY  THE  CHANCELLOR
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 REGULATION PROMULGATED BY THE BOARD OF REGENTS OR ANY
LOCALLY DEVELOPED PROCESS PURSUANT TO THE REQUIREMENTS OF ARTICLE  FOUR-
TEEN  OF  THE  CIVIL  SERVICE LAW, THE CITY SCHOOL DISTRICT SHALL NOT BE
PROHIBITED FROM ABOLISHING ALL  POSITIONS  IN  AN  ENTIRE  LICENSE  AREA
PURSUANT TO GUIDANCE PROMULGATED BY THE CHANCELLOR.
  (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  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 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 BOARD  OF  REGENTS  SHALL
PROMULGATE  REGULATIONS ESTABLISHING THE PROCESS TO BE USED TO DETERMINE
WHICH POSITIONS SHALL BE ABOLISHED  AND  WHICH  PERSONS  OCCUPYING  SUCH
POSITIONS  SHALL  BE  EXCESSED.  THE PROMULGATION OF ANY SUCH REGULATION
SHALL NOT PERMIT AN EMPLOYEE'S LENGTH OF SERVICE TO BE THE  SOLE  FACTOR

S. 3501--A                          8

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 REGU-
LATION SHALL NOT PERMIT AN EMPLOYEE'S SALARY TO BE A FACTOR IN ANY DECI-
SION REGARDING WHICH POSITIONS ARE TO BE  ABOLISHED  AND  WHICH  PERSONS
OCCUPYING SUCH POSITIONS SHALL BE EXCESSED.  SHOULD THE BOARD OF REGENTS
FAIL  TO PROMULGATE REGULATIONS NO LATER THAN SEVENTY-FIVE DAYS PRIOR TO
THE FIRST DAY OF THE SCHOOL YEAR, THE BUILDING PRINCIPAL SHALL DETERMINE
WHICH TEACHERS OR SUPERVISORS ARE TO BE EXCESSED, CONSISTENT WITH  GUID-
ANCE  PROMULGATED  BY  THE  CHANCELLOR PURSUANT TO THIS SUBDIVISION. 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 EXCESSED: (1) SCHOOL NEEDS FOR PARTICULAR LICENSE AREAS; AND
(2) 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.
ANY  SUCH  GUIDANCE  PROMULGATED  BY  THE CHANCELLOR 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  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 GUIDANCE 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.  SHOULD CITYWIDE 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 SUBPAR-
AGRAPHS (I) AND (II) OF PARAGRAPH (A) OF THIS SUBDIVISION.
  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.  NOTWITHSTANDING  ANY OTHER PROVISION OF LAW, RULE OR REGULATION TO
THE CONTRARY, THE CITY SCHOOL DISTRICT  AND  ITS  COLLECTIVE  BARGAINING
AGENTS SHALL ESTABLISH A PROCEDURE PURSUANT TO THE REQUIREMENTS OF ARTI-
CLE  FOURTEEN OF THE CIVIL SERVICE LAW GOVERNING THE RIGHTS OF EMPLOYEES
TO RETURN TO VACANT POSITIONS IN THE CITY  SCHOOL  DISTRICT.  UNTIL  AND
UNLESS  A  LOCALLY  ESTABLISHED PROCEDURE IS ESTABLISHED PURSUANT TO THE
REQUIREMENTS OF ARTICLE FOURTEEN OF THE CIVIL SERVICE LAW, THE FOLLOWING
SHALL APPLY CONCERNING THE RIGHTS OF EMPLOYEES TO RETURN TO VACANT POSI-
TIONS.  WHENEVER A TEACHING OR SUPERVISORY POSITION IS ABOLISHED  PURSU-
ANT  TO  CLAUSES  ONE  AND TWO OF SUBPARAGRAPH (III) OF PARAGRAPH (A) OF
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 CHANCEL-
LOR OR HIS OR HER DESIGNEE, SHALL OFFER THE POSITION TO THE  PERSON  WHO

S. 3501--A                          9

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  ABOLISHED  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, OR  THE
CHANCELLOR,  SHALL  HAVE THE DISCRETION TO DETERMINE WHICH PERSON SHOULD
BE OFFERED THE POSITION FIRST. THE CHANCELLOR SHALL PROMULGATE  GUIDANCE
TO DETERMINE THE RIGHT OF RETURN OF ANY TEACHERS OR SUPERVISORS LAID OFF
PURSUANT  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 CLAUSE ONE
OF  SUBPARAGRAPH  (II)  OF  PARAGRAPH  (A)  OF SUBDIVISION THREE OF THIS
SECTION, 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.

S3501B (ACTIVE) - Bill Details

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

S3501B (ACTIVE) - Bill Texts

view summary

Relates to retaining quality teachers when teaching positions are eliminated in city school districts in cities with a population of one million or more.

view sponsor memo
BILL NUMBER:S3501B REVISED 02/28/11

TITLE OF BILL:

An act
to amend the education law, 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

PURPOSE OF THE BILL:

This bill would create a default layoff mechanism in New York city in
effect unless and until such time as the city of New York and its
teachers! union collectively bargain new layoff procedures.
Decision-making based solely on seniority would be prohibited in any
bargaining agreement.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1: Title.

Section 2: A technical change to section 2588 of the
education law to
change "more than one million inhabitants" to "one million
inhabitants or more".

Section 3: requires the city school district
and its employee
collective bargaining agents to establish a procedure governing the
abolishment or reduction of teaching or supervisory positions
citywide pursuant to article 14 of the civil service law. An
employee's length of service can no longer be the sole factor in
determining which positions to abolish. In addition, this section
ensures that high need schools (schools with greater than 90 percent
eligibility for free and reduced price lunch) do not bear a
disproportionate share of workforce reductions. In the absence of a
collective bargaining agreement governing staff reduction a default
layoff mechanism for New York City governs any citywide layoff in the
following manner:

* Seniority is no longer the sole basis for any layoff decision.

* The district will first make layoff decisions on a citywide basis,
based on specific categories of teachers. Per the provisions of this
bill, until such time as the City district and the union collectively
bargain a layoff procedure, these category-based layoffs would still
be made by license area (English, carpentry, common branch
elementary, etc

* Under this bill there are nine categories established which
constitutes a subset of staff which would in the first instance be
laid off until the citywide layoff number is achieved. Staff that
fall into multiple categories would be laid off first and then
layoffs would proceed through each individual category until such


time as the citywide layoff number is achieved. Unless the entire
license is eliminated, the following teachers would be laid off first
within any given license area:

o A - School-based personnel with at least one rating of
"unsatisfactory" in the five academic years preceding the year in
which layoffs would take effect;

o B - A finding of guilt on 3020-a charges without termination in the
last five years;

o C - Status as school-based personnel without a permanent position for
six months or more as of the start of the school year in which
layoffs will occur;

o D - Any teacher or supervisor convicted of a qualifying criminal
offense in the past five years. "Qualifying criminal offense
shall mean:

(1) any felony, any class A misdemeanor, or any class B misdemeanor
under articles 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 one thousand one
hundred ninety two and one thousand one 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 articles
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 one thousand one hundred ninety
two and one thousand one hundred ninety three of the Vehicle and
Traffic Law.

o E - A finding of excessive or improper lateness or absenteeism
without adequate cause or improper use of leave time by a time and
attendance arbitrator in the last five years;

o F - Investigations by the Special Commissioner of Investigation (SCI),
the Office of Equal Opportunity (OEO), or the Office of Special
Investigations (OSI) that led to substantiated allegations of
misconduct in the last five years;

o G - School based personnel who failed to fulfill all
requirements for state certification as of August 31 of the
year in which layoffs will be enacted;


o H - Teachers in grades 4-8 who for two years or more ranked in the
bottom thirty percent of all teachers in student test scores progress
as measured by the City school district's value added assessment
except for teachers who are licensed to teach special education or
special needs children. Value added assessments shall control for
factors including but not limited to the student status or whole
class average in the following categories: previous academic
outcomes, free and reduced priced lunch status, English language
learner status, special education status, previous absences and
suspensions, grade level retention, summer school participation,
years attending the current school, ethnicity, gender and class size;
and

o I - Teachers granted an extension regarding tenure in the year
preceding city wide layoff.

* When the number of employees laid off by way of the above process is
less than the number of total layoffs required, the Regents will
promulgate regulations by that date governing the layoffs of any
additional teachers, beyond those laid off in the above process. Such
regulations must ensure that an employee's length of service is not
the sole factor in determining a layoff and that an employee's salary
is not a factor in layoff decisions. These additional layoffs need
not be made by license category.

* In the event the Regents do not promulgate regulations within 75
days of the first day of school, building principals will make
additional layoff decisions pursuant to guidance put forth by the
Chancellor. The principal shall make the decisions after considering
the recommendations of school based committee comprised of teachers,
administrators and parents.

* In schools where 90 percent of students receive free or
reduced-price lunch, layoffs made subsequent to the categories-based
layoff process shall not exceed a percentage of the overall number of
positions in the school that represents half of the average
percentage laid off made subsequent to the categories-based process
in schools citywide. This excludes employees in the categories
outlined above or employees laid off because of the system-wide
elimination of a license area. This requirement would apply to any
mechanism that is collectively bargained, promulgated by the Regents
or set forth by the Chancellor and implemented by principals.

* When schools remove positions for any reason, absent a citywide
layoff condition, the sale basis for such decisions will not be
employee length of service. This bill requires such a process to be
collectively bargained, pursuant to education law 3012-c. In the
event it is not collectively bargained by 90 days before the start of
the school year, decisions are to be made using all above categories.
In the event the number of positions needed to be removed exceeds the
number in these categories, the Regents are to promulgate
regulations. In the event that by 75 days before the start of the
school year, the Regents have not promulgated regulations, principals
are to make the decision per guidance issued by the Chancellor. Such
regulations or guidance must ensure that employee length of service
is not the sale factor in layoff decisions and that salary is not a
factor in layoff decisions.


Section 4: requires employee rights to return to
vacant positions to
be collectively bargained. In the absence of a collective bargaining
agreement when layoffs are made the following process shall apply:

Whenever a teaching or supervisory position is abolished pursuant to
the Regents or chancellor and 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 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 abolished 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, or the chancellor, shall have the
discretion to determine which person should be offered the position
first. Teachers or supervisors laid off pursuant to the nine
categories outlined above shall have no rights to return to a vacant
position pursuant.

Section 5: repeals paragraph 7 of section 2588 of
the education law
which is replaced by language in Section 4.

Section 6: Severability.

Section 7: Effective date.

JUSTIFICATION:

This bill will allow high quality teachers to remain in the classroom
during years when citywide layoffs are required.

PRIOR LEGISLATIVE HISTORY:

New bill.

FISCAL IMPLICATIONS:

None to the State.

EFFECTIVE DATE:

This act shall take effect immediately.

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

                                 3501--B

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            February 23, 2011
                               ___________

Introduced  by Sen. FLANAGAN -- read twice and ordered printed, and when
  printed to be committed to the Committee  on  Education  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to  said  committee  --  committee  discharged,  bill amended, ordered
  reprinted as amended and recommitted to said committee

AN ACT to amend the education law,  in  relation  to  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 such
  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, 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09505-12-1

S. 3501--B                          2

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
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 BASED ON THE ANNUAL PROFES-
SIONAL 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,  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  A RATING OF "UNSATISFACTORY" ON HIS OR HER ANNUAL PROFESSIONAL
PERFORMANCE REVIEW IN THE LAST FIVE SCHOOL YEARS OR "INEFFECTIVE" IN THE
EVENT A NEW ANNUAL PROFESSIONAL PERFORMANCE REVIEW HAS BEEN  IMPLEMENTED
PURSUANT  TO  SECTION  THREE  THOUSAND TWELVE-C OF THIS CHAPTER; (B) 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; (C) 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  EFFECTIVE  DATE  OF  ANY  CITYWIDE  LAYOFF
PURSUANT  TO  THIS SECTION; (D) ANY TEACHER OR SUPERVISOR CONVICTED OF A
QUALIFYING CRIMINAL OFFENSE IN THE PAST FIVE YEARS. "QUALIFYING CRIMINAL
OFFENSE" SHALL MEAN: (1) ANY FELONY, ANY CLASS  A  MISDEMEANOR,  OR  ANY
CLASS  B MISDEMEANOR UNDER ARTICLE ONE HUNDRED TWENTY, ONE HUNDRED THIR-
TY, 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,  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; (E) ANY
TEACHER OR SUPERVISOR, IF THE PERSON IS A TENURED EMPLOYEE,  WHO  WITHIN

S. 3501--B                          3

THE  LAST  FIVE  YEARS  HAS  BEEN FINED AS A PENALTY IMPOSED 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; (F) ANY TEACHER  OR
SUPERVISOR WHO WITHIN THE LAST FIVE YEARS WAS THE SUBJECT OF AN INVESTI-
GATION  WHERE  ALLEGATIONS  OF MISCONDUCT WERE SUBSTANTIATED BY THE CITY
SCHOOL DISTRICT'S SPECIAL COMMISSIONER OF INVESTIGATION, THE CITY SCHOOL
DISTRICT'S  OFFICE  OF  SPECIAL  INVESTIGATIONS  OR  THE   CITY   SCHOOL
DISTRICT'S  OFFICE  OF  EQUAL OPPORTUNITY; (G) ANY TEACHER OR SUPERVISOR
WHO HAS FAILED TO FULFILL ALL REQUIREMENTS FOR  CERTIFICATION  FROM  THE
DEPARTMENT  AS  OF  AUGUST  THIRTY-FIRST OF THE YEAR IN WHICH THERE IS A
CITYWIDE LAYOFF; (H) ANY TEACHER, FOR TWO YEARS OR MORE, RANKED  IN  THE
BOTTOM  THIRTY  PERCENT  OF  TEACHERS IN STUDENT TEST SCORES PROGRESS AS
MEASURED BY THE CITY SCHOOL DISTRICT'S VALUE-ADDED ASSESSMENT EXCEPT FOR
TEACHERS WHO WORK IN LICENSES SPECIFIC TO TEACHING CHILDREN  WITH  DISA-
BILITIES  OR  SPECIAL  NEEDS.  VALUE-ADDED ASSESSMENTS SHALL CONTROL FOR
FACTORS INCLUDING BUT NOT LIMITED TO THE STUDENT STATUS OR  WHOLE  CLASS
AVERAGE  IN  THE  FOLLOWING CATEGORIES: PREVIOUS ACADEMIC OUTCOMES, FREE
AND REDUCED PRICE LUNCH STATUS, ENGLISH LANGUAGE LEARNER STATUS, SPECIAL
EDUCATION  STATUS,  PREVIOUS  SUSPENSIONS  AND   ABSENCES,   GRADE-LEVEL
RETENTION,  SUMMER  SCHOOL  PARTICIPATION,  YEARS  ATTENDING THE CURRENT
SCHOOL, ETHNICITY, GENDER, AND CLASS SIZE; AND (I) TEACHERS OR  SUPERVI-
SORS WHO ENTERED AGREEMENTS TO SERVE AN ADDITIONAL YEAR AS A PROBATIONER
PURSUANT  TO  SECTION  TWENTY-FIVE HUNDRED SEVENTY-THREE OF THIS ARTICLE
FOR THE SCHOOL YEAR PRECEDING 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.
  (1)  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 PROTO-
COL, THE CATEGORIES LISTED AS CLAUSES (A), (B), (C), (D), (E), (F), (G),
(H) AND (I) OF SUBPARAGRAPH (I) OF THIS PARAGRAPH SHALL BE RANKED ALPHA-
BETICALLY (A) THROUGH (I), PROVIDED THAT (A) SHALL BE RANKED THE HIGHEST
PRIORITY AND (I) SHALL BE RANKED THE LOWEST PRIORITY. THE PROTOCOL SHALL
BE ESTABLISHED AS FOLLOWS:
  A. TEACHERS OR SUPERVISORS WHO FALL IN  ALL  NINE  OF  THE  CATEGORIES
LISTED  AS  CLAUSES  (A),  (B),  (C), (D), (E), (F), (G), (H) AND (I) OF
SUBPARAGRAPH (I) OF THIS PARAGRAPH;
  B. TEACHERS OR SUPERVISORS WHO FALL WITHIN  EIGHT  OF  THE  CATEGORIES
LISTED  AS  CLAUSES  (A),  (B),  (C), (D), (E), (F), (G), (H) AND (I) OF
SUBPARAGRAPH (I) OF THIS PARAGRAPH, IN ORDER OF THE COMBINED RANK PRIOR-
ITY OF THOSE EIGHT CATEGORIES;
  C. TEACHERS OR SUPERVISORS WHO FALL WITHIN  SEVEN  OF  THE  CATEGORIES
LISTED  AS  CLAUSES  (A),  (B),  (C), (D), (E), (F), (G), (H) AND (I) OF
SUBPARAGRAPH (I) OF THIS PARAGRAPH, IN ORDER OF THE COMBINED RANK PRIOR-
ITY OF THOSE SEVEN CATEGORIES;
  D. TEACHERS OR SUPERVISORS WHO FALL WITHIN SIX OF THE CATEGORIES LIST-
ED AS CLAUSES (A), (B), (C), (D), (E), (F), (G), (H) AND (I) OF SUBPARA-

S. 3501--B                          4

GRAPH (I) OF THIS PARAGRAPH, IN ORDER OF THE COMBINED RANK  PRIORITY  OF
THOSE SIX CATEGORIES;
  E.  TEACHERS  OR  SUPERVISORS  WHO  FALL WITHIN FIVE OF THE CATEGORIES
LISTED AS CLAUSES (A), (B), (C), (D), (E), (F),  (G),  (H)  AND  (I)  OF
SUBPARAGRAPH (I) OF THIS PARAGRAPH, IN ORDER OF THE COMBINED RANK PRIOR-
ITY OF THOSE FIVE CATEGORIES;
  F.  TEACHERS  OR  SUPERVISORS  WHO  FALL WITHIN FOUR OF THE CATEGORIES
LISTED AS CLAUSES (A), (B), (C), (D), (E), (F),  (G),  (H)  AND  (I)  OF
SUBPARAGRAPH (I) OF THIS PARAGRAPH, IN ORDER OF THE COMBINED RANK PRIOR-
ITY OF THOSE FOUR CATEGORIES;
  G.  TEACHERS  OR  SUPERVISORS  WHO FALL WITHIN THREE OF THE CATEGORIES
LISTED AS CLAUSES (A), (B), (C), (D), (E), (F),  (G),  (H)  AND  (I)  OF
SUBPARAGRAPH (I) OF THIS PARAGRAPH, IN ORDER OF THE COMBINED RANK PRIOR-
ITY OF THOSE THREE CATEGORIES;
  H. TEACHERS OR SUPERVISORS WHO FALL WITHIN TWO OF THE CATEGORIES LIST-
ED AS CLAUSES (A), (B), (C), (D), (E), (F), (G), (H) AND (I) OF SUBPARA-
GRAPH  (I)  OF THIS PARAGRAPH, IN ORDER OF THE COMBINED RANK PRIORITY OF
THOSE TWO CATEGORIES;
  I. TEACHERS OR SUPERVISORS WHO RECEIVED A RATING  OF  "UNSATISFACTORY"
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:
  I.  A  TEACHER OR SUPERVISOR WITH THE HIGHEST NUMBER OF UNSATISFACTORY
RATINGS IN THE LAST FIVE YEARS; AND
  II. A TEACHER OR SUPERVISOR WITH AN UNSATISFACTORY RATING RECEIVED  IN
THE MOST RECENT YEAR OR YEARS;
  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. "QUALIFYING CRIMINAL OFFENSE" SHALL
MEAN: (A) ANY FELONY, ANY CLASS A MISDEMEANOR, OR ANY 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
FELONY OR MISDEMEANOR UNDER SECTIONS ELEVEN HUNDRED NINETY-TWO AND ELEV-
EN  HUNDRED  NINETY-THREE  OF  THE  VEHICLE  AND TRAFFIC LAW, OR (B) 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 (C) ANY OFFENSE IN ANY OTHER JURISDICTION THE COMMISSION OF
WHICH CONSTITUTES THE SUBSTANTIAL EQUIVALENT OF ANY OFFENSE UNDER  ARTI-
CLE ONE HUNDRED TWENTY, ONE HUNDRED THIRTY, ONE HUNDRED THIRTY-FIVE, ONE

S. 3501--B                          5

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; 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
  II. A TEACHER OR SUPERVISOR CONVICTED OF A CLASS A MISDEMEANOR IN  THE
LAST FIVE YEARS; AND
  III.  A  TEACHER  OR  SUPERVISOR  CONVICTED IN THE MOST RECENT YEAR OR
YEARS OF A CLASS B MISDEMEANOR 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;
  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;
  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;
  P.  ANY  TEACHER,  FOR  TWO YEARS OR MORE, RANKED IN THE BOTTOM THIRTY
PERCENT OF TEACHERS IN STUDENT TEST SCORES PROGRESS AS MEASURED  BY  THE
CITY  SCHOOL  DISTRICT'S  VALUE-ADDED ASSESSMENT EXCEPT FOR TEACHERS WHO
WORK IN LICENSES SPECIFIC TO  TEACHING  CHILDREN  WITH  DISABILITIES  OR
SPECIAL NEEDS. VALUE-ADDED ASSESSMENTS SHALL CONTROL FOR FACTORS INCLUD-
ING  BUT NOT LIMITED TO THE STUDENT STATUS OR WHOLE CLASS AVERAGE IN THE
FOLLOWING CATEGORIES: PREVIOUS ACADEMIC OUTCOMES, FREE AND REDUCED PRICE
LUNCH STATUS, ENGLISH LANGUAGE LEARNER STATUS, SPECIAL EDUCATION STATUS,
PREVIOUS SUSPENSIONS AND ABSENCES, GRADE-LEVEL RETENTION, SUMMER  SCHOOL
PARTICIPATION,  YEARS  ATTENDING  THE CURRENT SCHOOL, ETHNICITY, GENDER,
AND CLASS SIZE, PROVIDED HOWEVER, IF THERE ARE FEWER LAYOFFS THAN  THERE
ARE  PERSONS  IN THIS CATEGORY, TEACHERS WITH THE LOWEST SCORES SHALL BE
LAID OFF FIRST; AND
  Q. ANY TEACHER OR SUPERVISOR WHO ENTERED  AN  AGREEMENT  TO  SERVE  AN
ADDITIONAL  PROBATIONARY  YEAR  PURSUANT  TO SECTION TWENTY-FIVE HUNDRED
SEVENTY-THREE OF THIS ARTICLE, FOR THE SCHOOL YEAR PRECEDING A  CITYWIDE
LAYOFF,  PROVIDED  HOWEVER,  IF  THERE  ARE FEWER LAYOFFS THAN THERE ARE

S. 3501--B                          6

PERSONS IN THIS CATEGORY, TEACHERS OR SUPERVISORS WITH THE  MOST  NUMBER
OF ABSENCES 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  PARAGRAPH
(A)  OF THIS SUBDIVISION 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 POSI-
TIONS ARE TO BE LAID OFF, SHALL BE MADE IN ACCORDANCE WITH THIS SUBPARA-
GRAPH.
  (1) THE BOARD OF REGENTS SHALL PROMULGATE REGULATIONS PRESCRIBING  HOW
SUCH  ADDITIONAL  LAYOFFS  SHALL BE EFFECTUATED. THE PROMULGATION OF ANY
SUCH REGULATION 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  POSI-
TIONS  OR  PERSONS  TO  BE LAID OFF 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 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  REGULATIONS  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 REPRES-
ENTS 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 SUBPARA-
GRAPH (IV) OF THIS  PARAGRAPH.  SAID  PERCENTAGES  SHALL  BE  CALCULATED
EXCLUDING ANY TEACHERS OR SUPERVISORS LAID OFF PURSUANT TO SUBPARAGRAPHS
(I)  AND (II) OF PARAGRAPH (A) OF THIS SUBDIVISION. 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.
  (2) SHOULD THE BOARD OF REGENTS  FAIL  TO  PROMULGATE  REGULATIONS  NO
LATER  THAN  SEVENTY-FIVE DAYS PRIOR TO THE EFFECTIVE DATE OF A CITYWIDE
LAYOFF, THE BUILDING PRINCIPAL SHALL DETERMINE  WHICH  ADDITIONAL  POSI-
TIONS  ARE  TO BE ABOLISHED, AND WHICH ADDITIONAL PERSONS OCCUPYING SUCH
POSITIONS ARE TO BE LAID OFF CONSISTENT WITH GUIDANCE PROMULGATED BY THE
CHANCELLOR. 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. ANY SUCH GUIDANCE
PROMULGATED BY THE CHANCELLOR 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

S. 3501--B                          7

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 THE PROMUL-
GATION  OF ANY SUCH GUIDANCE 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 GUIDANCE PROMULGATED  BY  THE  CHANCELLOR
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 REGULATION PROMULGATED BY THE BOARD OF REGENTS OR ANY
LOCALLY DEVELOPED PROCESS PURSUANT TO THE REQUIREMENTS OF ARTICLE  FOUR-
TEEN  OF  THE  CIVIL  SERVICE LAW, THE CITY SCHOOL DISTRICT SHALL NOT BE
PROHIBITED FROM ABOLISHING ALL  POSITIONS  IN  AN  ENTIRE  LICENSE  AREA
PURSUANT TO GUIDANCE PROMULGATED BY THE CHANCELLOR.
  (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  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 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 BOARD  OF  REGENTS  SHALL
PROMULGATE  REGULATIONS ESTABLISHING THE PROCESS TO BE USED TO DETERMINE
WHICH POSITIONS SHALL BE ABOLISHED  AND  WHICH  PERSONS  OCCUPYING  SUCH

S. 3501--B                          8

POSITIONS  SHALL  BE  EXCESSED.  THE PROMULGATION OF ANY SUCH REGULATION
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  REGU-
LATION SHALL NOT PERMIT AN EMPLOYEE'S SALARY TO BE A FACTOR IN ANY DECI-
SION  REGARDING  WHICH  POSITIONS  ARE TO BE ABOLISHED AND WHICH PERSONS
OCCUPYING SUCH POSITIONS SHALL BE EXCESSED.  SHOULD THE BOARD OF REGENTS
FAIL TO PROMULGATE REGULATIONS NO LATER THAN SEVENTY-FIVE DAYS PRIOR  TO
THE FIRST DAY OF THE SCHOOL YEAR, THE BUILDING PRINCIPAL SHALL DETERMINE
WHICH  TEACHERS OR SUPERVISORS ARE TO BE EXCESSED, CONSISTENT WITH GUID-
ANCE PROMULGATED BY THE CHANCELLOR PURSUANT  TO  THIS  SUBDIVISION.  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 EXCESSED: (1) SCHOOL NEEDS FOR PARTICULAR LICENSE  AREAS;  AND
(2)  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.
ANY SUCH GUIDANCE PROMULGATED BY THE  CHANCELLOR  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  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 GUIDANCE 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.  SHOULD CITYWIDE 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 SUBPAR-
AGRAPHS (I) AND (II) OF PARAGRAPH (A) OF THIS SUBDIVISION.
  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. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, RULE OR  REGULATION  TO
THE  CONTRARY,  THE  CITY  SCHOOL DISTRICT AND ITS COLLECTIVE BARGAINING
AGENTS SHALL ESTABLISH A PROCEDURE PURSUANT TO THE REQUIREMENTS OF ARTI-
CLE FOURTEEN OF THE CIVIL SERVICE LAW GOVERNING THE RIGHTS OF  EMPLOYEES
TO  RETURN  TO  VACANT  POSITIONS IN THE CITY SCHOOL DISTRICT. UNTIL AND
UNLESS A LOCALLY ESTABLISHED PROCEDURE IS ESTABLISHED  PURSUANT  TO  THE
REQUIREMENTS OF ARTICLE FOURTEEN OF THE CIVIL SERVICE LAW, THE FOLLOWING
SHALL APPLY CONCERNING THE RIGHTS OF EMPLOYEES TO RETURN TO VACANT POSI-
TIONS.   WHENEVER A TEACHING OR SUPERVISORY POSITION IS ABOLISHED PURSU-
ANT TO CLAUSES ONE AND TWO OF SUBPARAGRAPH (III)  OF  PARAGRAPH  (A)  OF
SUBDIVISION  THREE  OF  THIS SECTION, SHOULD A VACANCY OCCUR IN THE SAME
POSITION AT THE SAME SCHOOL OR ADMINISTRATIVE OFFICE WITHIN ONE YEAR  OF

S. 3501--B                          9

THE DATE WHEN THE POSITION WAS ABOLISHED, THE PRINCIPAL, OR THE CHANCEL-
LOR  OR  HIS OR HER 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 ABOLISHED 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, OR THE
CHANCELLOR, SHALL HAVE THE DISCRETION TO DETERMINE WHICH  PERSON  SHOULD
BE  OFFERED THE POSITION FIRST. THE CHANCELLOR SHALL PROMULGATE GUIDANCE
TO DETERMINE THE RIGHT OF RETURN OF ANY TEACHERS OR SUPERVISORS LAID OFF
PURSUANT 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 CLAUSE ONE
OF SUBPARAGRAPH (II) OF PARAGRAPH  (A)  OF  SUBDIVISION  THREE  OF  THIS
SECTION, 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.

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