NY State Senate Bill 2017-S6486

Senate Bill S6486

2017-2018 Legislative Session

Relates to the abolition of offices or positions and the seniority rights of teachers and teaching assistants within a certain tenure area

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Archive: Last Bill Status - In Senate Committee Education Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2018	referred to education
May 24, 2017	referred to education

2017-S6486 (ACTIVE) - Details

See Assembly Version of this Bill:: A6512
Current Committee:: Senate Education
Law Section:: Education Law
Laws Affected:: Amd §§2510, 2585, 2588 & 3013, Ed L
Versions Introduced in 2015-2016 Legislative Session:: A9631

2017-S6486 (ACTIVE) - Summary

Relates to the abolition of offices or positions and the seniority rights of teachers and teaching assistants within a certain tenure area.

2017-S6486 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S6486

 TITLE OF BILL :  An act to amend the education law, in relation to
the abolition of offices or positions and the seniority rights of
teachers and teaching assistants within a certain tenure area

 PURPOSE OF THE BILL :

The purpose of this bill is to ensure that in the event of the
abolishment of a teaching position, English language learners will
continue to receive instruction from qualified teachers by updating
existing law governing tenure, seniority and preferred eligibility
rights.

 SUMMARY OF THE PROVISIONS OF THE BILL :

Section 1 of the bill amends subdivision 2 of section 2510 of the
education law to provide that where a teaching 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 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.

Section 2 of the bill amends paragraph a of subdivision 3 of section
2510 of the education law to provide that where a vacancy is created
in a position, a person on a preferred eligibility list shall be
reinstated or appointed to such vacancy in such corresponding or
similar positions in the order of their length of service; except that
where a new position is created that requires certification to teach a
specific language other than English, English as a second language or
bilingual education shall not be deemed similar to a position that
does not require such certification.

Section 3 of the bill amends subdivisions 2, 3 and 4 of section 2585
of the education law to provide that where, under this chapter, a
teaching 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 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. Where a new position is created in the place of an
abolished position with similar duties, the person serving in the
abolished position shall be appointed to the similar position except
that where the new position requires certification to teach a specific
language other than English or bilingual education, such position
shall not be deemed similar to a position that did not require such
certification.

Section 4 of the bill amends subdivision 2 of section 2588 of the
education law to provide that where a new position is created in the
place of an abolished position with similar duties, the person serving
in the abolished position shall be appointed to the similar position
except that where the new position requires certification to teach a
specific language other than English or bilingual education, such
position shall not be deemed similar pursuant to this subdivision to a
position that did not require such certification.

Section 5 of the bill amends paragraph a of subdivision 3 of section
2588 of the education law to provide 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 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.

Section 6 of the bill amends subdivision 7 of section 2588 of the
education law to_provide that where a new position is created in the
place of an abolished position with similar duties, the person serving
in the abolished position shall be appointed to the similar position
except that where the new position requires certification to teach a
specific language other than English or bilingual education, such
position shall not be deemed similar pursuant to this subdivision to a
position that did not require such certification.

Section 7 of the bill amends subdivisions 1 and 2 of section 3013 of
the education law to provide 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 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. Provided further, that
where a new position is created that is similar to the abolished
position, the least senior teacher within the tenure area of the
abolished position shall be discontinued; except 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
trustees or board of education determines that retention of a teacher
qualified to teach in specific language other than English is needed
to provide instruction, the services of the least senior teach in the
tenure area of the position abolished who does not hold the
appropriate certificate to teach in that position shall be
discontinued.

Section 8 of the bill amends subdivision 3 of section 3013 of the
education law to provide that for purposes of appointing candidates
from a preferred eligibility list, the persons on such 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 7 years from the date of abolition or
consolidation of such office or position; except that a newly created
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.

Section 9 sets forth an immediate effective date.

 STATEMENT IN SUPPORT OF THE BILL :

The Board of Regents strongly supports the efforts of schools
throughout the state to provide educational services to English
language learners (ELLs). This bill would update existing law
governing tenure, seniority and preferred eligibility rights to ensure
that ELLs continue to receive instruction from qualified teachers.

Due to the many fiscal challenges facing the state and local
districts, many districts have been forced to reduce their workforce.
By statute, when a teaching position is abolished, the teacher having
the least seniority in the system within the tenure area of the
position abolished must be discontinued. As the population of ELLs
expands within our schools, an unintended consequence of these
existing provisions is that as districts hire new bilingual teachers,
English to Speakers of Other Languages (ESOL) teachers or foreign
language teachers to serve these students when subsequent layoffs are
made, the law requires districts to excess the least senior teachers
in that tenure area, who may not hold the appropriate certificate
necessary to provide services to these students.

For example, if a district with dual language elementary school
programs (with bilingual students) has teachers who hold certification
in the early childhood area with an extension certificate in bilingual
education, and the district finds it necessary to excess a teacher in
the elementary tenure area, the existing law requires the teacher with
the least seniority to be excessed. In these circumstances, even
though the law also requires the district to provide bilingual
education services, the consequence may be that a less senior teacher
with an extension certificate in bilingual education will be excessed
while their position is filled from the preferred eligibility list by
a more senior elementary teacher who may not hold the requisite
certificate extension to teach bilingual education necessary for the
position. This creates an undesirable situation for all parties
wherein the only recourse to remove the teacher without the necessary
extension certificate is for the district to bring a lengthy and
costly section 3020-a proceeding to terminate the teacher for failure
to hold the appropriate certification for that position. Therefore,
this legislation is necessary to address this challenge and to ensure
that all students receive instruction from properly certified
teachers.

 PRIOR LEGISLATIVE HISTORY :

This is a new bill.

 EFFECTIVE DATE :
This act would take effect immediately.

2017-S6486 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6486
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                               May 24, 2017
                                ___________
 
 Introduced  by  Sen.  MARCELLINO  --  (at request of the State Education
   Department) -- 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 the abolition of
   offices or 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.
   § 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD09869-01-7

 S. 6486                             2
 
 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.  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.
   § 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

 S. 6486                             3
 
 reinstated or appointed to such corresponding or  similar  positions  in
 the order of their length of service in the system.
   §  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:
   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.
   § 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.
   § 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

 S. 6486                             4
 
 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
 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.
   § 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.
   §  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.
   § 9. This act shall take effect immediately.

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