S T A T E   O F   N E W   Y O R K
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                                  9631

                          I N  A S S E M B L Y

                             March 23, 2016
                               ___________

Introduced  by  M.  of  A.  NOLAN  -- (at request of the State Education
  Department) -- read once and referred to the Committee on Education

AN ACT to amend the education law,  in  relation  to  the  abolition  of
  offices of positions and the seniority rights of teachers and teaching
  assistants within a certain tenure area

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

  Section 1.  Subdivision 2 of section 2510 of  the  education  law,  as
added by chapter 762 of the laws of 1950, is amended to read as follows:
  2. Whenever a board of education abolishes a position under this chap-
ter,  the  services  of  the  teacher  having the least seniority in the
system  within  the  tenure  of  the   position   abolished   shall   be
discontinued;  EXCEPT  THAT  WHERE A POSITION IS ABOLISHED IN THE TENURE
AREA OF A TEACHER ASSIGNED TO TEACH ENGLISH AS A SECOND LANGUAGE, BILIN-
GUAL EDUCATION OR A FOREIGN LANGUAGE AND THE TRUSTEE OR BOARD OF  EDUCA-
TION  DETERMINES  THAT  RETENTION  OF  A TEACHER QUALIFIED TO TEACH IN A
SPECIFIC LANGUAGE OTHER THAN ENGLISH IS NEEDED TO  PROVIDE  INSTRUCTION,
THE SERVICES OF THE LEAST SENIOR TEACHER IN THE TENURE AREA OF THE POSI-
TION ABOLISHED WHO DOES NOT HOLD THE APPROPRIATE CERTIFICATE TO TEACH IN
THAT POSITION SHALL BE DISCONTINUED.
  S  2.  Paragraph (a) of subdivision 3 of section 2510 of the education
law, as amended by chapter 236 of the laws of 1993, is amended  to  read
as follows:
  (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 at any  time

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

                                                           LBD09678-01-5

A. 9631                             2

within  seven  years from the date of abolition or consolidation of such
office or position; EXCEPT THAT A NEW POSITION IN WHICH CERTIFICATION TO
TEACH A SPECIFIC LANGUAGE  OTHER  THAN  ENGLISH,  ENGLISH  AS  A  SECOND
LANGUAGE OR BILINGUAL EDUCATION IS REQUIRED BY THE SCHOOL DISTRICT SHALL
NOT  BE  DEEMED  SIMILAR PURSUANT TO THIS SUBDIVISION TO A POSITION THAT
DID NOT REQUIRE SUCH CERTIFICATION.  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  3. Subdivisions 2, 3 and 4 of section 2585 of the education law, as
amended by chapter 820 of the laws of 1947,  subdivisions  2  and  3  as
renumbered  by  chapter  762  of  the laws of 1950, and subdivision 4 as
renumbered by chapter 521 of the laws of 1976, are amended  to  read  as
follows:
  2. If a board of education 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;  EXCEPT  THAT  A  NEW POSITION IN WHICH CERTIFICATION TO TEACH A
SPECIFIC LANGUAGE OTHER THAN ENGLISH, ENGLISH AS A  SECOND  LANGUAGE  OR
BILINGUAL  EDUCATION  IS  REQUIRED  BY  THE SCHOOL DISTRICT SHALL NOT BE
DEEMED SIMILAR PURSUANT TO THIS SUBDIVISION TO A POSITION THAT  DID  NOT
REQUIRE SUCH CERTIFICATION.
  3. Whenever a board of education abolishes a position under this chap-
ter,  the  services  of  the  teacher  having the least seniority in the
system  within  the  tenure  of  the   position   abolished   shall   be
discontinued;  EXCEPT  THAT  WHERE A POSITION IS ABOLISHED IN THE TENURE
AREA OF A TEACHER ASSIGNED TO TEACH ENGLISH AS A SECOND LANGUAGE, BILIN-
GUAL EDUCATION OR A FOREIGN LANGUAGE AND THE TRUSTEE OR BOARD OF  EDUCA-
TION  DETERMINES  THAT  RETENTION  OF  A TEACHER QUALIFIED TO TEACH IN A
SPECIFIC LANGUAGE OTHER THAN ENGLISH IS NEEDED TO  PROVIDE  INSTRUCTION,
THE SERVICES OF THE LEAST SENIOR TEACHER IN THE TENURE AREA OF THE POSI-
TION ABOLISHED WHO DOES NOT HOLD THE APPROPRIATE CERTIFICATE TO TEACH IN
THAT POSITION SHALL BE DISCONTINUED.
  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;  EXCEPT  THAT  A  NEW POSITION IN WHICH CERTIFICATION TO TEACH A
SPECIFIC LANGUAGE OTHER THAN ENGLISH, ENGLISH AS A  SECOND  LANGUAGE  OR
BILINGUAL  EDUCATION  IS  REQUIRED  BY  THE SCHOOL DISTRICT SHALL NOT BE
DEEMED SIMILAR PURSUANT TO THIS SUBDIVISION TO A POSITION THAT  DID  NOT
REQUIRE SUCH CERTIFICATION.  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.
  S 4. Subdivision 2 of section 2588 of the education law, as  added  by
chapter 521 of the laws of 1976, is amended to read as follows:

A. 9631                             3

  2.  If  a position within a tenure area is abolished and another posi-
tion is created in such area for the performance of  duties  similar  to
those  performed  in  the  abolished  position,  the person filling such
office or position at the time of its abolition shall  be  appointed  to
the  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 ; EXCEPT THAT A
NEW POSITION IN WHICH CERTIFICATION TO TEACH A SPECIFIC  LANGUAGE  OTHER
THAN  ENGLISH,  ENGLISH  AS  A SECOND LANGUAGE OR BILINGUAL EDUCATION IS
REQUIRED BY THE SCHOOL DISTRICT SHALL NOT BE DEEMED SIMILAR PURSUANT  TO
THIS SUBDIVISION TO A POSITION THAT DID NOT REQUIRE SUCH CERTIFICATION.
  S  5.  Paragraph (a) of subdivision 3 of section 2588 of the education
law, as added by chapter 521 of the laws of 1976, is amended to read  as
follows:
  (a)  Whenever a teaching position is abolished under this chapter, the
services of the person holding a position within the tenure area of  the
position  which  is  to  be abolished who has the least seniority in the
city school district,  including  all  full-time  equivalent  substitute
service  and  all  full-time  equivalent  service as a paraprofessional,
shall be discontinued, provided that the services of a  person  who  has
acquired  tenure  within  such  tenure area shall not be discontinued if
another person holding a  position  within  such  tenure  area  has  not
acquired tenure; EXCEPT THAT WHERE A POSITION IS ABOLISHED IN THE TENURE
AREA  OF  A  TEACHER ASSIGNED TO TEACH BILINGUAL EDUCATION, ENGLISH AS A
SECOND LANGUAGE OR A FOREIGN LANGUAGE AND THE TRUSTEE OR BOARD OF EDUCA-
TION DETERMINES THAT RETENTION OF A TEACHER  QUALIFIED  TO  TEACH  IN  A
SPECIFIC  LANGUAGE  OTHER THAN ENGLISH IS NEEDED TO PROVIDE INSTRUCTION,
THE SERVICES OF THE LEAST SENIOR TEACHER IN THE TENURE AREA OF THE POSI-
TION ABOLISHED WHO DOES NOT HOLD THE APPROPRIATE CERTIFICATE TO TEACH IN
THAT POSITION SHALL BE DISCONTINUED.
  S 6. Subdivision 7 of section 2588 of the education law, as amended by
chapter 783 of the laws of 1981, is amended to read as follows:
  7. 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 abolition or consolidation, or a person
displaced by a person with higher seniority as provided in this section,
shall  be  placed  upon  a  preferred  eligible  list  of candidates for
appointment to a vacancy that then exists or that may  thereafter  occur
in  the  tenure  area  of  such position, 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; EXCEPT
THAT  A NEW POSITION IN WHICH CERTIFICATION TO TEACH A SPECIFIC LANGUAGE
OTHER THAN ENGLISH, ENGLISH AS A SECOND LANGUAGE OR BILINGUAL  EDUCATION
IS  REQUIRED BY THE SCHOOL DISTRICT SHALL NOT BE DEEMED SIMILAR PURSUANT
TO THIS SUBDIVISION TO A POSITION THAT  DID  NOT  REQUIRE  SUCH  CERTIF-
ICATION.    The  persons  on  such preferred list shall be reinstated or
appointed to such vacancies in the order of their length of  service  in
the  city school district, including all full-time equivalent substitute
service and all full-time  equivalent  service  as  a  paraprofessional,
provided  that in the case of vacancies in principalship positions under
the jurisdiction of a community school  board,  such  persons  shall  be
reinstated  or  reappointed  in  order of their length of service in the
tenure area of the position in the community district and provided  that
intermediate  supervisors properly assigned or appointed on or after the
effective date of this subdivision to positions in a community  district
and  who have been placed on a preferred eligible list shall be entitled

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to reinstatement or reappointment to  vacancies  in  their  tenure  area
within  that  community  district in order of their length of service in
the tenure area of the position in the community district.
  S  7.  Subdivisions  1  and 2 of section 3013 of the education law, as
added by chapter 737 of the  laws  of  1992,  are  amended  to  read  as
follows:
  1.  If  a  trustee,  board of trustees, board of education or board of
cooperative educational 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 fill-
ing  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;  EXCEPT  THAT  A  NEW POSITION IN WHICH CERTIFICATION TO TEACH A
SPECIFIC LANGUAGE OTHER THAN ENGLISH, ENGLISH AS A  SECOND  LANGUAGE  OR
BILINGUAL  EDUCATION  IS  REQUIRED  BY  THE SCHOOL DISTRICT SHALL NOT BE
DEEMED SIMILAR PURSUANT TO THIS SUBDIVISION TO A POSITION THAT  DID  NOT
REQUIRE SUCH CERTIFICATION.
  2. Whenever a trustee, board of [trustee] TRUSTEES, board of education
or  board of cooperative educational services abolishes a position under
this chapter, the services of the teacher having the least seniority  in
the  system within the tenure of the position abolished shall be discon-
tinued; EXCEPT THAT WHERE A POSITION IS ABOLISHED IN THE TENURE AREA  OF
A  TEACHER  ASSIGNED  TO  TEACH BILINGUAL EDUCATION, ENGLISH AS A SECOND
LANGUAGE OR A FOREIGN LANGUAGE AND THE TRUSTEE  OR  BOARD  OF  EDUCATION
DETERMINES  THAT RETENTION OF A TEACHER QUALIFIED TO TEACH IN A SPECIFIC
LANGUAGE OTHER THAN  ENGLISH  IS  NEEDED  TO  PROVIDE  INSTRUCTION,  THE
SERVICES  OF THE LEAST SENIOR TEACHER IN THE TENURE AREA OF THE POSITION
ABOLISHED WHO DOES NOT HOLD THE APPROPRIATE CERTIFICATE TO TEACH IN THAT
POSITION SHALL BE DISCONTINUED.
  S 8. Paragraph (a) of subdivision 3 of section 3013 of  the  education
law,  as added by chapter 737 of the laws of 1992, is amended to read as
follows:
  (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 at any time
within seven years from the date of abolition or consolidation  of  such
office or position; EXCEPT THAT A NEW POSITION IN WHICH CERTIFICATION TO
TEACH  A  SPECIFIC  LANGUAGE  OTHER  THAN  ENGLISH,  ENGLISH AS A SECOND
LANGUAGE OR BILINGUAL EDUCATION IS REQUIRED BY THE SCHOOL DISTRICT SHALL
NOT BE DEEMED SIMILAR PURSUANT TO THIS SUBDIVISION TO  A  POSITION  THAT
DID NOT REQUIRE SUCH CERTIFICATION.
  S 9. This act shall take effect immediately.