S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2267
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 17, 2017
                                ___________
 
 Introduced  by  M. of A. PEOPLES-STOKES -- read once and referred to the
   Committee on Education
 
 AN ACT to amend the education law,  in  relation  to  retaining  quality
   teachers
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Section 1604 of the education law is amended  by  adding  a
 new subdivision 8-a to read as follows:
   8-A. 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 LAYOFF 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.
   § 2. Section 1709 of the education law is  amended  by  adding  a  new
 subdivision 16-a to read as follows:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03614-01-7
              

 A. 2267                             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.
   § 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.
   §  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. 2267                             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.
   § 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.
   § 6. Section 1917 of the education law, as added by chapter 732 of the
 laws of 1981, is amended to read as follows:
   § 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.
   §  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. 2267                             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.
   §  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.
   § 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. 2267                             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.
   § 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. 2267                             6
 
   § 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.
   § 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. 2267                             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.
   § 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.
   §  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. 2267                             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.
   §  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.
   § 16. This act shall take effect July 1, 2018.