Assembly Bill A10041

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10041
 
                           I N  A S S E M B L Y
 
                             January 30, 2026
                                ___________
 
 Introduced  by M. of A. TAPIA -- read once and referred to the Committee
   on Education
 
 AN ACT to amend the education law,  in  relation  to  special  education
   labor market fairness
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Legislative findings and intent. The legislature finds that
 the stability of preschool and school-age  special  education  providers
 approved under article 89 of the education law is vital to the education
 and well-being of children with disabilities. Abrupt hiring and recruit-
 ment  practices  by  public  educational institutions, including the New
 York city department of education, have  undermined  the  continuity  of
 services and created inequitable labor market conditions. The state must
 protect  these essential programs from coercive labor practices that act
 in restraint of competition.
   § 2. The education law is amended by adding a new article 89-A to read
 as follows:
                               ARTICLE 89-A
                  SPECIAL EDUCATION LABOR MARKET FAIRNESS
 SECTION 4420. DEFINITIONS.
         4421. DUAL EMPLOYMENT PERMITTED.
         4422. TRANSITION WINDOW FOR OFFERS OF EMPLOYMENT.
         4423. PROHIBITION OF ANTI-COMPETITIVE LABOR DISRUPTION.
         4424. PRIVATE RIGHT OF ACTION.
         4425. RULES AND REGULATIONS.
         4426. SEVERABILITY.
   § 4420. DEFINITIONS. FOR THE PURPOSES OF THIS ARTICLE,  THE  FOLLOWING
 TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   1.  "COVERED  SCHOOL"  MEANS  A  SCHOOL OR PRESCHOOL RECEIVING FUNDING
 UNDER ARTICLE EIGHTY-NINE OF THIS TITLE FOR  THE  PROVISION  OF  SPECIAL
 EDUCATION,  AS  DEFINED BY SUBDIVISION ONE OF SECTION FORTY-FOUR HUNDRED
 ONE OF THIS TITLE.
   2. "PUBLIC EDUCATIONAL EMPLOYER" MEANS A PUBLIC SCHOOL DISTRICT OR THE
 NEW YORK CITY DEPARTMENT OF EDUCATION.

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

                                                            LBD14223-01-5
 A. 10041                            2
 
   § 4421. DUAL EMPLOYMENT PERMITTED. EMPLOYEES OF A COVERED  SCHOOL  MAY
 ACCEPT  DUAL  EMPLOYMENT  WITH  A PUBLIC EDUCATIONAL EMPLOYER, INCLUDING
 PART-TIME,  AFTER-SCHOOL,  OR  ADMINISTRATIVE  ROLES,  UNLESS  A  DIRECT
 CONFLICT OF INTEREST IS DEMONSTRATED IN WRITING BY SUCH EMPLOYER.
   §  4422.  TRANSITION  WINDOW  FOR  OFFERS OF EMPLOYMENT. 1. ANY PUBLIC
 EDUCATIONAL EMPLOYER THAT EXTENDS AN OFFER OF EMPLOYMENT TO AN  EMPLOYEE
 OF A COVERED SCHOOL SHALL PROVIDE TO SUCH EMPLOYEE:
   (A) A WRITTEN OFFER WITH TERMS OF EMPLOYMENT; AND
   (B) A MINIMUM DECISION WINDOW OF FOURTEEN CALENDAR DAYS BEFORE REQUIR-
 ING A RESPONSE.
   2.  AN  OFFER  OF  EMPLOYMENT MADE PURSUANT TO SUBDIVISION ONE OF THIS
 SECTION SHALL NOT BE RESCINDED SOLELY DUE  TO  THE  EMPLOYEE  EXERCISING
 THEIR RIGHT TO THE CONSIDERATION PERIOD PROVIDED FOR UNDER PARAGRAPH (B)
 OF SUBDIVISION ONE OF THIS SECTION.
   §  4423. PROHIBITION OF ANTI-COMPETITIVE LABOR DISRUPTION. 1. IT SHALL
 BE UNLAWFUL FOR ANY PUBLIC OR PRIVATE ENTITY TO ENGAGE IN A  PATTERN  OR
 PRACTICE   OF  LABOR  SOLICITATION,  INDUCEMENT,  OR  INTERFERENCE  THAT
 SUBSTANTIALLY IMPAIRS THE OPERATIONAL CAPACITY OF A COVERED SCHOOL BY:
   (A) INDUCING MULTIPLE STAFF TO RESIGN ON SHORT NOTICE;
   (B) LEVERAGING STATE AUTHORITY OR EMPLOYMENT OFFERS  TO  COERCE  RAPID
 DEPARTURE; OR
   (C)  DISRUPTING  SERVICE  DELIVERY  WITHOUT COORDINATION OR TRANSITION
 SUPPORT.
   2. CONDUCT DESCRIBED UNDER SUBDIVISION ONE OF THIS SECTION IS DECLARED
 TO BE AN UNLAWFUL RESTRAINT ON FAIR COMPETITION IN THE SPECIAL EDUCATION
 SERVICES SECTOR.
   § 4424. PRIVATE RIGHT OF ACTION. 1.  A  COVERED  SCHOOL  HARMED  BY  A
 VIOLATION  OF THIS ARTICLE MAY BRING A CIVIL ACTION IN A COURT OF COMPE-
 TENT JURISDICTION FOR:
   (A) INJUNCTIVE RELIEF TO PREVENT ONGOING OR FUTURE VIOLATIONS;
   (B) COMPENSATORY DAMAGES; AND
   (C) REASONABLE ATTORNEYS' FEES AND COSTS.
   2. A CAUSE OF ACTION UNDER SUBDIVISION ONE OF THIS  SECTION  SHALL  BE
 INDEPENDENT  OF,  AND  SHALL  NOT  LIMIT, ANY RIGHTS UNDER SECTION THREE
 HUNDRED FORTY OF THE GENERAL BUSINESS LAW OR OTHER APPLICABLE LAW.
   § 4425. RULES AND REGULATIONS. THE REGENTS SHALL PROMULGATE ANY  RULES
 AND/OR  REGULATIONS  NECESSARY TO IMPLEMENT THE PROVISIONS OF THIS ARTI-
 CLE, CONSISTENT WITH LICENSING AND LABOR STANDARDS, WITHIN  ONE  HUNDRED
 EIGHTY DAYS OF THE EFFECTIVE DATE OF THIS ARTICLE, AND SHALL UPDATE SUCH
 RULES AND/OR REGULATIONS AS NECESSARY.
   §  4426. SEVERABILITY. IF ANY CLAUSE, SENTENCE, PARAGRAPH, SUBDIVISION
 OR SECTION OF THIS ARTICLE SHALL BE ADJUDGED BY ANY COURT  OF  COMPETENT
 JURISDICTION  TO  BE INVALID, SUCH JUDGMENT SHALL NOT AFFECT, IMPAIR, OR
 INVALIDATE THE REMAINDER THEREOF, BUT SHALL BE CONFINED IN ITS OPERATION
 TO THE CLAUSE,  SENTENCE,  PARAGRAPH,  SUBDIVISION  OR  SECTION  THEREOF
 DIRECTLY  INVOLVED  IN THE CONTROVERSY IN WHICH SUCH JUDGMENT SHALL HAVE
 BEEN RENDERED. IT IS HEREBY DECLARED TO BE THE INTENT OF THE LEGISLATURE
 THAT  THIS  ARTICLE  WOULD  HAVE  BEEN  ENACTED  EVEN  IF  SUCH  INVALID
 PROVISIONS HAD NOT BEEN INCLUDED HEREIN.
   § 3. This act shall take effect immediately.