A. 3205 2
16-A. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY,
WHENEVER A BOARD OF EDUCATION ABOLISHES OR REDUCES A POSITION OR POSI-
TIONS UNDER THIS CHAPTER, THE SUPERINTENDENT FOR THE SCHOOL DISTRICT
SHALL RECOMMEND WHICH TEACHER OR TEACHERS SHOULD BE RETAINED. SUCH
RECOMMENDATIONS SHALL BE BASED ON AN EVALUATION OF THE TEACHER'S
PERFORMANCE AND QUALIFICATIONS AND THE EDUCATIONAL NEEDS OF THE SCHOOL,
INCLUDING BUT NOT LIMITED TO:
(I) ANNUAL PROFESSIONAL PERFORMANCE REVIEWS CONDUCTED PURSUANT TO
SECTION THREE THOUSAND TWELVE-C OF THIS CHAPTER;
(II) THE SCHOOL NEEDS FOR PARTICULAR LICENSE AREAS, OFFICE OR SCHOOL
NEEDS, INCLUDING CURRICULUM, SPECIALIZED EDUCATION, DEGREES, LICENSES OR
AREAS OF EXPERTISE;
(III) FAILURE TO OBTAIN PERMANENT CERTIFICATION WITHIN THE STATUTORILY
PRESCRIBED TIME LIMITS;
(IV) THE LENGTH OF SERVICE; PROVIDED, THAT THE TEACHER'S SALARY SHALL
NOT BE CONSIDERED IN MAKING A LAY OFF RECOMMENDATION.
THE BOARD OF EDUCATION SHALL EXERCISE ITS DISCRETION AND SHALL APPROVE
OR REJECT THE RECOMMENDATIONS OF THE SUPERINTENDENT SO AS TO MINIMIZE
THE ADVERSE IMPACT ON STUDENTS AND THE EDUCATIONAL STRENGTH OF THE
SCHOOL DISTRICT.
S 3. Section 1804 of the education law is amended by adding a new
subdivision 13 to read as follows:
13. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, WHEN-
EVER A BOARD OF EDUCATION ABOLISHES OR REDUCES A POSITION OR POSITIONS
UNDER THIS CHAPTER, THE SUPERINTENDENT FOR THE SCHOOL DISTRICT SHALL
RECOMMEND WHICH TEACHER OR TEACHERS SHOULD BE RETAINED. SUCH RECOMMENDA-
TIONS SHALL BE BASED ON AN EVALUATION OF THE TEACHER'S PERFORMANCE AND
QUALIFICATIONS AND THE EDUCATIONAL NEEDS OF THE SCHOOL, INCLUDING BUT
NOT LIMITED TO:
(I) ANNUAL PROFESSIONAL PERFORMANCE REVIEWS CONDUCTED PURSUANT TO
SECTION THREE THOUSAND TWELVE-C OF THIS CHAPTER;
(II) THE SCHOOL NEEDS FOR PARTICULAR LICENSE AREAS, OFFICE OR SCHOOL
NEEDS, INCLUDING CURRICULUM, SPECIALIZED EDUCATION, DEGREES, LICENSES OR
AREAS OF EXPERTISE;
(III) FAILURE TO OBTAIN PERMANENT CERTIFICATION WITHIN THE STATUTORILY
PRESCRIBED TIME LIMITS;
(IV) THE LENGTH OF SERVICE; PROVIDED, THAT THE TEACHER'S SALARY SHALL
NOT BE CONSIDERED IN MAKING A LAY OFF RECOMMENDATION.
THE BOARD OF EDUCATION SHALL EXERCISE ITS DISCRETION AND SHALL APPROVE
OR REJECT THE RECOMMENDATIONS OF THE SUPERINTENDENT SO AS TO MINIMIZE
THE ADVERSE IMPACT ON STUDENTS AND THE EDUCATIONAL STRENGTH OF THE
SCHOOL DISTRICT.
S 4. The opening paragraph of paragraph e of subdivision 4 of section
1950 of the education law, as renumbered by chapter 378 of the laws of
1972, is designated subparagraph 1 and a new subparagraph 2 is added to
read as follows:
(2) NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, WHEN-
EVER A BOARD OF COOPERATIVE EDUCATIONAL SERVICES ABOLISHES OR REDUCES A
POSITION OR POSITIONS UNDER THIS CHAPTER, THE DISTRICT SUPERINTENDENT
SHALL RECOMMEND WHICH TEACHER OR TEACHERS SHOULD BE RETAINED. SUCH
RECOMMENDATIONS SHALL BE BASED ON AN EVALUATION OF THE TEACHER'S
PERFORMANCE AND QUALIFICATIONS AND THE EDUCATIONAL NEEDS OF THE BOARD OF
COOPERATIVE EDUCATIONAL SERVICES, INCLUDING BUT NOT LIMITED TO:
(I) ANNUAL PROFESSIONAL PERFORMANCE REVIEWS CONDUCTED PURSUANT TO
SECTION THREE THOUSAND TWELVE-C OF THIS CHAPTER;
A. 3205 3
(II) THE BOARD OF COOPERATIVE EDUCATIONAL SERVICES NEEDS FOR PARTIC-
ULAR LICENSE AREAS, OFFICE OR SCHOOL NEEDS, INCLUDING CURRICULUM,
SPECIALIZED EDUCATION, DEGREES, LICENSES OR AREAS OF EXPERTISE;
(III) FAILURE TO OBTAIN PERMANENT CERTIFICATION WITHIN THE STATUTORILY
PRESCRIBED TIME LIMITS;
(IV) THE LENGTH OF SERVICE; PROVIDED, THAT THE TEACHER'S SALARY SHALL
NOT BE CONSIDERED IN MAKING A LAY OFF RECOMMENDATION.
THE BOARD OF COOPERATIVE EDUCATIONAL SERVICES SHALL EXERCISE ITS
DISCRETION AND SHALL APPROVE OR REJECT THE RECOMMENDATIONS OF THE SUPER-
INTENDENT SO AS TO MINIMIZE THE ADVERSE IMPACT ON STUDENTS AND THE
EDUCATIONAL STRENGTH OF THE SCHOOL DISTRICT.
S 5. Subdivision 2 of section 1505-a of the education law, as added by
chapter 871 of the laws of 1982, is amended to read as follows:
2. [Any] NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY,
ANY such teacher who is unable to obtain a teaching position in any such
school district to which territory is added, because the number of posi-
tions needed are less than the number of teachers eligible to be consid-
ered employees pursuant to subdivision one of this section, shall, in
all such school districts to which territory is added, be placed on a
preferred eligible list of candidates for appointment to a vacancy that
may thereafter occur in a position similar to the one such teacher
filled in such former school district. The teachers on such a preferred
eligible list shall be appointed to such vacancies in such corresponding
or similar positions under the jurisdiction of the school district to
which territory is added [in the order of their length of service in
such former school district] PURSUANT TO SUBDIVISION EIGHT-A OF SECTION
SIXTEEN HUNDRED FOUR, SUBDIVISION SIXTEEN-A OF SECTION SEVENTEEN HUNDRED
NINE AND SUBDIVISION THIRTEEN OF SECTION EIGHTEEN HUNDRED FOUR OF THIS
CHAPTER, within seven years from the date of the dissolution of such
former school district.
S 6. Section 1917 of the education law, as added by chapter 732 of the
laws of 1981, is amended to read as follows:
S 1917. Employees; employment rights. [Teachers] NOTWITHSTANDING ANY
OTHER PROVISION OF LAW TO THE CONTRARY, TEACHERS and other staff members
of component districts, except the superintendent of schools, whose
services in the component districts are no longer needed because of
creation of a central high school district, shall be granted employment
rights in central high school districts in accordance with [length of
service] SUBDIVISION EIGHT-A OF SECTION SIXTEEN HUNDRED FOUR, SUBDIVI-
SION SIXTEEN-A OF SECTION SEVENTEEN HUNDRED NINE AND SUBDIVISION THIR-
TEEN OF SECTION EIGHTEEN HUNDRED FOUR OF THIS CHAPTER, in each tenure
area.
S 7. Subdivisions 1 and 4 of section 1917-a of the education law, as
added by section 93 of part L of chapter 405 of the laws of 1999, are
amended to read as follows:
1. [Teachers] NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE
CONTRARY, TEACHERS and other staff members of component districts,
except the superintendent of schools, whose services in the component
districts are no longer needed because of the creation of a central high
school district or the transference of students to an existing central
high school district, shall be granted employment rights in central high
school districts in accordance with the provisions of this section.
4. If the number of teaching and other positions needed to provide the
educational services required by such central high school district is
less than the number of teachers and other employees eligible to be
considered employees of such central high school district as provided by
A. 3205 4
subdivision three of this section, [the services of the] DECISIONS
REGARDING RETENTION OF teachers and other employees [having the least
seniority] in the component district within the tenure area of the posi-
tion shall be [discontinued] MADE PURSUANT TO SUBDIVISION EIGHT-A OF
SECTION SIXTEEN HUNDRED FOUR, SUBDIVISION SIXTEEN-A OF SECTION SEVENTEEN
HUNDRED NINE AND SUBDIVISION THIRTEEN OF SECTION EIGHTEEN HUNDRED FOUR
OF THIS CHAPTER. Such teachers and other employees shall be placed on a
preferred eligible list of candidates for appointment to a vacancy that
may thereafter occur in an office or position under the jurisdiction of
the component district, the "receiving district" as defined in section
three thousand fourteen-c of this chapter, from which a component
district has taken back students, and the central high school district
similar to the one such teacher or other employee filled in such compo-
nent district. The teachers and other employees on such preferred lists
shall be reinstated or appointed to such vacancies in such corresponding
or similar positions under the jurisdiction of the component district or
the central high school district [in the order of their length of
service in such component district,] within seven years from the date of
the abolition of such office or position PURSUANT TO THE CRITERIA
OUTLINED IN SUBDIVISION EIGHT-A OF SECTION SIXTEEN HUNDRED FOUR, SUBDI-
VISION SIXTEEN-A OF SECTION SEVENTEEN HUNDRED NINE AND SUBDIVISION THIR-
TEEN OF SECTION EIGHTEEN HUNDRED FOUR OF THIS CHAPTER.
S 8. Paragraph f of subdivision 5 of section 2218 of the education
law, as added by section 83 of part L of chapter 405 of the laws of
1999, is amended to read as follows:
f. [Members] NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRA-
RY, MEMBERS of the teaching and supervisory staff of the pre-existing
school district at the time of the reorganization shall have the right
to select the school district in which he or she shall be considered an
employee, with the same tenure status he or she maintained in the pre-
existing school district. Such selection shall be based on each teach-
er's seniority in the pre-existing school district, with the right of
selection passing from such teachers with the most seniority to such
teachers with the least seniority. Any such teacher who is unable to
obtain a teaching position in the new school district because the number
of positions needed is less than the number of teachers eligible to be
considered employees pursuant to this paragraph shall, in such new
school district and in the remaining school district, be placed on a
preferred eligible list of candidates for appointment to a vacancy that
may thereafter occur in a position similar to the one such teacher
filled in the pre-existing school district. Such teachers shall be
appointed to vacancies in such corresponding or similar positions [in
the order of their length of service in the pre-existing school
district] PURSUANT TO SUBDIVISION EIGHT-A OF SECTION SIXTEEN HUNDRED
FOUR, SUBDIVISION SIXTEEN-A OF SECTION SEVENTEEN HUNDRED NINE AND SUBDI-
VISION THIRTEEN OF SECTION EIGHTEEN HUNDRED FOUR OF THIS CHAPTER, within
seven years from the date of the reorganization pursuant to this
section. For such teachers, for salary, sick leave or any other purpose,
the length of service credited in the pre-existing school district shall
be credited as employment time with the new school district or the
remaining school district, as applicable.
S 9. Subdivision 2 and paragraph (a) of subdivision 3 of section 2510
of the education law, subdivision 2 as added by chapter 762 of the laws
of 1950 and paragraph (a) of subdivision 3 as amended by chapter 236 of
the laws of 1993, are amended to read as follows:
A. 3205 5
2. [Whenever] NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE
CONTRARY, WHENEVER a board of education 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] DECISIONS REGARDING
RETENTION shall be [discontinued] MADE PURSUANT TO CRITERIA OUTLINED IN
SUBDIVISION EIGHT-A OF SECTION SIXTEEN HUNDRED FOUR, SUBDIVISION
SIXTEEN-A OF SECTION SEVENTEEN HUNDRED NINE AND SUBDIVISION THIRTEEN OF
SECTION EIGHTEEN HUNDRED FOUR OF THIS CHAPTER.
(a) If an office or position is abolished or if it is consolidated
with another position without creating a new position, the person fill-
ing such position at the time of its abolishment or consolidation shall
be placed upon a preferred eligible list of candidates for appointment
to a vacancy that then exists or that may thereafter 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 has
filled. The persons on such preferred list shall be reinstated or
appointed to such vacancies in such corresponding or similar positions
[in the order of their length of service in the system at any time]
within seven years from the date of abolition or consolidation of such
office or position PURSUANT TO THE CRITERIA OUTLINED IN SUBDIVISION
EIGHT-A OF SECTION SIXTEEN HUNDRED FOUR, SUBDIVISION SIXTEEN-A OF
SECTION SEVENTEEN HUNDRED NINE AND SUBDIVISION THIRTEEN OF SECTION EIGH-
TEEN HUNDRED FOUR OF THIS CHAPTER. Notwithstanding any other provision
of law to the contrary, in the event that a member of the New York state
teachers' retirement system, who is receiving a disability retirement
allowance, shall have such disability retirement allowance rescinded,
such member shall be placed upon such preferred eligible list as of the
effective date of his or her disability retirement.
S 10. Subdivisions 3 and 4 of section 2585 of the education law,
subdivision 4 as renumbered by chapter 521 of the laws of 1976 and such
section as renumbered by chapter 762 of the laws of 1950, are amended to
read as follows:
3. [Whenever] NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY,
WHENEVER a board of education abolishes a position under this chapter,
[the services of the teacher having the least seniority in the system]
DECISIONS REGARDING RETENTION within the tenure of the position abol-
ished shall be [discontinued] MADE PURSUANT TO CRITERIA OUTLINED IN
SUBDIVISION EIGHT-A OF SECTION SIXTEEN HUNDRED FOUR, SUBDIVISION
SIXTEEN-A OF SECTION SEVENTEEN HUNDRED NINE AND SUBDIVISION THIRTEEN OF
SECTION EIGHTEEN HUNDRED FOUR OF THIS CHAPTER.
4. If an office or position is abolished or if it is consolidated with
another position without creating a new position, the person filling
such position at the time of its abolishment or consolidation shall be
placed upon a preferred eligible list of candidates for appointment to a
vacancy that then exists or that may thereafter 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 corresponding or similar positions [in the order of
their length of service in the system] PURSUANT TO THE CRITERIA OUTLINED
IN SUBDIVISION EIGHT-A OF SECTION SIXTEEN HUNDRED FOUR, SUBDIVISION
SIXTEEN-A OF SECTION SEVENTEEN HUNDRED NINE AND SUBDIVISION THIRTEEN OF
SECTION EIGHTEEN HUNDRED FOUR OF THIS CHAPTER.
A. 3205 6
S 11. Subdivision 2 and paragraph (a) of subdivision 3 of section 3013
of the education law, as added by chapter 737 of the laws of 1992, are
amended to read as follows:
2. [Whenever] NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE
CONTRARY, WHENEVER a trustee, board of [trustee] TRUSTEES, board of
education or board of cooperative educational services abolishes a posi-
tion under this chapter, [the services of the teacher having the least
seniority in the system within the tenure of the position abolished]
DECISIONS REGARDING RETENTION OF TEACHERS shall be [discontinued] MADE
PURSUANT TO CRITERIA OUTLINED IN SUBDIVISION EIGHT-A OF SECTION SIXTEEN
HUNDRED FOUR, SUBDIVISION SIXTEEN-A OF SECTION SEVENTEEN HUNDRED NINE,
SUBDIVISION THIRTEEN OF SECTION EIGHTEEN HUNDRED FOUR AND SUBPARAGRAPH
TWO OF PARAGRAPH E OF SUBDIVISION FOUR OF SECTION NINETEEN HUNDRED FIFTY
OF THIS CHAPTER.
(a) If an office or position is abolished or if it is consolidated
with another position without creating a new position, the person fill-
ing such position at the time of its abolishment or consolidation shall
be placed upon a preferred eligible list of candidates for appointment
to a vacancy that then exists or that may thereafter 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 corresponding or similar posi-
tions [in the order of their length of service in the system] PURSUANT
TO THE CRITERIA OUTLINED IN SUBDIVISION EIGHT-A OF SECTION SIXTEEN
HUNDRED FOUR, SUBDIVISION EIGHT-A OF SECTION SEVENTEEN HUNDRED NINE AND
SUBDIVISION THIRTEEN OF SECTION EIGHTEEN HUNDRED FOUR OF THIS CHAPTER,
at any time within seven years from the date of abolition or consol-
idation of such office or position.
S 12. Subdivision 2 of section 3014-a of the education law, as amended
by chapter 511 of the laws of 1998, is amended to read as follows:
2. [If] NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, IF
the number of teaching positions needed to provide the services required
by such program by the board or boards of cooperative educational
services is less than the number of teachers, teaching assistants and
teacher aides eligible to be considered employees of such board or
boards of cooperative educational services as provided by subdivision
one of this section, [the services of the teachers, teaching assistants
and teacher aides having the least seniority in the school district or
school districts or county vocational education and extension board
whose programs are taken over by the board or boards of cooperative
educational services within the tenure area or civil service title of
the position] DECISIONS REGARDING LAYOFFS AND RETENTION OF SUCH EMPLOY-
EES shall be [discontinued] MADE PURSUANT TO THE CRITERIA OUTLINED IN
SUBDIVISION EIGHT-A OF SECTION SIXTEEN HUNDRED FOUR, SUBDIVISION
SIXTEEN-A OF SECTION SEVENTEEN HUNDRED NINE, SUBDIVISION THIRTEEN OF
SECTION EIGHTEEN HUNDRED FOUR AND SUBPARAGRAPH TWO OF PARAGRAPH E OF
SUBDIVISION FOUR OF SECTION NINETEEN HUNDRED FIFTY OF THIS CHAPTER. Such
teachers, teaching assistants and teacher aides shall be placed on a
preferred eligible list of candidates for appointment to a vacancy that
may thereafter occur in an office or position under the jurisdiction of
the board or boards of cooperative educational services similar to the
one such teacher, teaching assistant and teacher aide filled in such
school district or school districts or such county vocational education
and extension board. The teachers, teaching assistants and teacher aides
A. 3205 7
on such preferred list shall be reinstated or appointed to such vacan-
cies in such corresponding or similar positions under the jurisdiction
of the board or boards of cooperative educational services [in the order
of their length of service in such school district or school districts
or in such county vocational education and extension board] PURSUANT TO
THE CRITERIA OUTLINED IN SUBDIVISION EIGHT-A OF SECTION SIXTEEN HUNDRED
FOUR, SUBDIVISION SIXTEEN-A OF SECTION SEVENTEEN HUNDRED NINE, SUBDIVI-
SION THIRTEEN OF SECTION EIGHTEEN HUNDRED FOUR AND SUBPARAGRAPH TWO OF
PARAGRAPH E OF SUBDIVISION FOUR OF SECTION NINETEEN HUNDRED FIFTY OF
THIS CHAPTER, within seven years from the date of the abolition of such
office or position.
S 13. Subdivision 2 of section 3014-b of the education law, as amended
by chapter 511 of the laws of 1998, is amended to read as follows:
2. [If] NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, IF
the number of teaching positions needed to provide the services required
by such program by the school district is less than the number of teach-
ers, teaching assistants and teacher aides eligible to be considered
employees of such school district as provided by subdivision one of this
section, [the services of the teachers, teaching assistants and teacher
aides having the least seniority in the board of cooperative educational
services whose programs are taken over by the school district within the
tenure area or civil service title of the position] DECISIONS REGARDING
RETENTION OF SUCH EMPLOYEES shall be [discontinued] MADE PURSUANT TO
CRITERIA OUTLINED IN SUBDIVISION EIGHT-A OF SECTION SIXTEEN HUNDRED
FOUR, SUBDIVISION SIXTEEN-A OF SECTION SEVENTEEN HUNDRED NINE, SUBDIVI-
SION THIRTEEN OF SECTION EIGHTEEN HUNDRED FOUR AND SUBPARAGRAPH TWO OF
PARAGRAPH E OF SUBDIVISION FOUR OF SECTION NINETEEN HUNDRED FIFTY OF
THIS CHAPTER. Such teachers, teaching assistants and teacher aides
shall be placed on a preferred eligible list of candidates for appoint-
ment to a vacancy that may thereafter occur in an office or position
under the jurisdiction of the school district similar to the one such
teacher, teaching assistant and teacher aide filled in such board of
cooperative educational services. The teachers, teaching assistants and
teacher aides on such preferred list shall be reinstated or appointed to
such vacancies in such corresponding or similar positions under the
jurisdiction of the school district [in the order of their length of
service in such board of cooperative educational services, within seven
years from the date of the abolition of such office or position] PURSU-
ANT TO THE CRITERIA OUTLINED IN SUBDIVISION EIGHT-A OF SECTION SIXTEEN
HUNDRED FOUR, SUBDIVISION SIXTEEN-A OF SECTION SEVENTEEN HUNDRED NINE,
SUBDIVISION THIRTEEN OF SECTION EIGHTEEN HUNDRED FOUR AND SUBPARAGRAPH
TWO OF PARAGRAPH E OF SUBDIVISION FOUR OF SECTION NINETEEN HUNDRED FIFTY
OF THIS CHAPTER.
S 14. Subdivision 3 of section 3014-c of the education law, as added
by chapter 706 of the laws of 1989, is amended to read as follows:
3. [If] NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, IF
the number of teaching positions needed to provide the educational
services required by such sending district is less than the number of
teachers eligible to be considered employees of such sending district as
provided by subdivision two of this section, [the services of the teach-
ers having the least seniority in the receiving district whose students
are taken back by the sending district within the tenure area of the
position] DECISIONS REGARDING RETENTION OF TEACHERS shall be [discontin-
ued] MADE PURSUANT TO THE CRITERIA OUTLINED IN SUBDIVISION EIGHT-A OF
SECTION SIXTEEN HUNDRED FOUR, SUBDIVISION SIXTEEN-A OF SECTION SEVENTEEN
HUNDRED NINE AND SUBDIVISION THIRTEEN OF SECTION EIGHTEEN HUNDRED FOUR
A. 3205 8
OF THIS CHAPTER. Such teachers shall be placed on a preferred eligible
list of candidates for appointment to a vacancy that may thereafter
occur in an office or position under the jurisdiction of the sending
district and the receiving district similar to the one such teacher
filled in such receiving district. The teachers on such preferred list
shall be reinstated or appointed to such vacancies in such corresponding
or similar positions under the jurisdiction of the sending district or
the receiving district [in the order of their length of service in such
receiving district, within seven years from the date of the abolition of
such office or position] PURSUANT TO THE CRITERIA OUTLINED IN SUBDIVI-
SION EIGHT-A OF SECTION SIXTEEN HUNDRED FOUR, SUBDIVISION SIXTEEN-A OF
SECTION SEVENTEEN HUNDRED NINE AND SUBDIVISION THIRTEEN OF SECTION EIGH-
TEEN HUNDRED FOUR OF THIS CHAPTER.
S 15. Subdivision 3 of section 3014-d of the education law, as added
by chapter 706 of the laws of 1989, is amended to read as follows:
3. [If] NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, IF
the number of teaching positions needed to provide the educational
services required by such receiving district is less than the number of
teachers eligible to be considered employees of such receiving district
as provided by subdivision two of this section, [the services of the
teachers having the least seniority in the sending district within the
tenure area of the position] DECISIONS REGARDING RETENTION shall be
[discontinued] MADE PURSUANT TO THE CRITERIA OUTLINED IN SUBDIVISION
EIGHT-A OF SECTION SIXTEEN HUNDRED FOUR, SUBDIVISION SIXTEEN-A OF
SECTION SEVENTEEN HUNDRED NINE AND SUBDIVISION THIRTEEN OF SECTION EIGH-
TEEN HUNDRED FOUR OF THIS CHAPTER. Such teachers shall be placed on a
preferred eligible list of candidates for appointment to a vacancy that
may thereafter occur in an office or position under the jurisdiction of
the sending district and the receiving district similar to the one such
teacher filled in such sending district. The teachers on such preferred
list shall be reinstated or appointed to such vacancies in such corre-
sponding or similar positions under the jurisdiction of the sending
district or the receiving district [in the order of their length of
service in such sending district] PURSUANT TO THE CRITERIA OUTLINED IN
SUBDIVISION EIGHT-A OF SECTION SIXTEEN HUNDRED FOUR, SUBDIVISION
SIXTEEN-A OF SECTION SEVENTEEN HUNDRED NINE AND SUBDIVISION THIRTEEN OF
SECTION EIGHTEEN HUNDRED FOUR OF THIS CHAPTER, within seven years from
the date of the abolition of such office or position.
S 16. This act shall take effect July 1, 2016.