S T A T E O F N E W Y O R K
________________________________________________________________________
6339
2011-2012 Regular Sessions
I N A S S E M B L Y
March 15, 2011
___________
Introduced by M. of A. CALHOUN -- read once and referred to the Commit-
tee on Education
AN ACT to amend the education law, in relation to the abolition of
office or position
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 3013 of the education law, as added by chapter 737
of the laws of 1992, is amended to read as follows:
S 3013. Abolition of office or position. 1. [If] NOTWITHSTANDING ANY
OTHER PROVISION OF LAW, RULE OR REGULATION TO THE CONTRARY, A TRUSTEE,
BOARD OF TRUSTEES, BOARD OF EDUCATION OR BOARD OF COOPERATIVE EDUCA-
TIONAL SERVICES AND ITS EMPLOYEES' COLLECTIVE BARGAINING AGENTS SHALL
ESTABLISH A PROCEDURE GOVERNING THE ABOLISHMENT OR REDUCTION OF TEACHING
OR SUPERVISORY POSITIONS AND THE RIGHTS OF EMPLOYEES TO RETURN TO VACANT
POSITIONS PURSUANT TO THE REQUIREMENTS OF ARTICLE FOURTEEN OF THE CIVIL
SERVICE LAW. UNTIL SUCH A PROCESS HAS BEEN ESTABLISHED, IF a trustee,
board of trustees, board of education or board of cooperative educa-
tional services abolishes an office or position and creates another
office or position for the performance of duties similar to those
performed in the office or position abolished, the person filling such
office or position at the time of its abolishment shall be appointed to
the office or position thus created without reduction in salary or
increment, provided the record of such person has been one of faithful,
competent service in the office or position he or she has filled.
2. [Whenever] NOTWITHSTANDING ANY OTHER PROVISION OF LAW, RULE OR
REGULATION TO THE CONTRARY, UNTIL A PROCESS IS ESTABLISHED PURSUANT TO
SUBDIVISION ONE OF THIS SECTION, WHENEVER a trustee, board of [trustee]
TRUSTEES, board of education or board of cooperative educational
services abolishes a position under this chapter, the services of the
teacher having the least seniority in the system within the tenure of
the position abolished shall be discontinued.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10021-01-1
A. 6339 2
3. (a) [If] NOTWITHSTANDING ANY OTHER PROVISION OF LAW, RULE OR REGU-
LATION TO THE CONTRARY, UNTIL A PROCESS IS ESTABLISHED PURSUANT TO
SUBDIVISION ONE OF THIS SECTION IF an office or position is abolished or
if it is consolidated with another position without creating a new posi-
tion, the person filling such position at the time of its abolishment or
consolidation shall be placed upon a preferred eligible list of candi-
dates for appointment to a vacancy that then exists or that may there-
after occur in an office or position similar to the one which such
person filled without reduction in salary or increment, provided the
record of such person has been one of faithful, competent service in the
office or position he or she has filled. The persons on such preferred
list shall be reinstated or appointed to such vacancies in such corre-
sponding or similar positions in the order of their length of service in
the system at any time within seven years from the date of abolition or
consolidation of such office or position.
(b) [The] NOTWITHSTANDING ANY OTHER PROVISION OF LAW, RULE OR REGU-
LATION TO THE CONTRARY, UNTIL A PROCESS IS ESTABLISHED PURSUANT TO
SUBDIVISION ONE OF THIS SECTION, THE persons on such preferred list
shall be reinstated, in accordance with the terms of paragraph (a) of
this subdivision, to such substitute positions of five months or more in
duration, as may from time to time occur without losing their preferred
status on such list. Declination of such reinstatement shall not
adversely affect the persons' preferred eligibility status.
4. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, RULE OR REGULATION TO
THE CONTRARY, THE LOCALLY ESTABLISHED PROCESS ESTABLISHED PURSUANT TO
SUBDIVISION ONE OF THIS SECTION SHALL:
(A) 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. 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;
(B) NOT PERMIT AN EMPLOYEE'S SALARY TO BE A FACTOR IN ANY DECISION
REGARDING WHICH POSITIONS ARE TO BE ABOLISHED AND WHICH PERSONS OCCUPY-
ING SUCH POSITIONS SHALL BE LAID OFF;
(C) 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 IN THE EVENT OF LAYOFFS, PROVIDED HOWEVER, NOTH-
ING SHALL PROHIBIT A DISTRICT FROM ABOLISHING ALL POSITIONS IN A LICENSE
AREA. 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;
(D) FOR POSITIONS COVERED BY SECTION THREE THOUSAND TWELVE-C OF THIS
ARTICLE, 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.
S 2. 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 3. This act shall take effect immediately.