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SECTION 2588
Seniority, retention and displacement rights in connection with abolition of positions in city school districts of cities having more tha...
Education (EDN) CHAPTER 16, TITLE 2, ARTICLE 52
§ 2588. Seniority, retention and displacement rights in connection
with abolition of positions in city school districts of cities having
more than one million inhabitants. 1. For the purposes of this section,
the tenure areas applicable to all professional education positions
shall be defined as the license areas established by the city board
pursuant to subdivision ten of section twenty-five hundred seventy-three
of this chapter, provided that, effective July first, nineteen hundred
seventy-six, there shall be a single elementary teaching tenure area
encompassing kindergarten through grade six. Such groupings of related
license areas shall not affect the rights of persons whose services had
been discontinued prior to the effective date of such groupings nor
shall such groupings be applicable for purposes other than those of this
section; and provided that, on the effective date of this subdivision,
there shall be a single tenure area for personnel properly assigned or
appointed prior to the effective date of this subdivision as assistant
principals of day elementary school and supervisors of early childhood;
and a single tenure area for personnel properly assigned or appointed
prior to the effective date of this subdivision as assistant
principals--junior high school--supervision, assistant
principals--junior high school--administration, and supervisors of art,
music, home economics, school library service, health and physical
education, audio-visual instruction, industrial arts, and bilingual
education. The tenure areas applicable to all intermediate supervisors
properly assigned or appointed on or after the effective date of this
subdivision shall be defined as the license areas established by the
city board.

2. If a position within a tenure area is abolished and another
position 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 has filled.

3. (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.

(b) Whenever a supervisory position is abolished under this chapter,
the services of the member of the supervisory staff, except associate,
assistant and other superintendents, principals and intermediate
supervisors serving in schools or programs under the jurisdiction of a
community school board or serving under the jurisdiction of the
chancellor, having the least seniority within the tenure area of the
position abolished in the city school district, shall be discontinued.
Whenever a principalship or intermediate supervisory position in a
school or program under the jurisdiction of a community school board is
abolished under this chapter, the principal or intermediate supervisor
serving in such position shall be entitled to be placed in any vacancy
within the tenure area of such position within such community district
which may exist, and if no such vacancies exist, he shall be entitled to
displace the principal or intermediate supervisor with the least
seniority within the tenure area of such position in the community
district, if he has greater seniority within the tenure area of such
position in the community district, than such person. Whenever a
principalship or an intermediate supervisory position under the
jurisdiction of the chancellor is abolished under this chapter, the
principal or intermediate supervisor serving in such position shall be
entitled to be placed in any vacancy within the tenure area of such
position which may exist under the chancellor's jurisdiction, and if no
such vacancies exist he shall be entitled to displace the principal or
intermediate supervisor with the least seniority within the tenure area
of such position under the jurisdiction of the chancellor if he has
greater seniority within the tenure area of such position under the
jurisdiction of the chancellor, than such person. Notwithstanding any
other provision of law, an intermediate supervisor appointed or properly
assigned prior to the effective date of this paragraph whose position is
abolished shall be entitled to be placed in any vacancy within the
tenure area of such position in the city school district, and if no such
vacancy exists, shall be entitled to displace the intermediate
supervisor with the least seniority within that tenure area in the city
school district. For purposes of this section, an intermediate
supervisor shall be any person serving by appointment or properly
assigned in the supervisory license area of: assistant principal--junior
high school--administration, assistant principal--junior high
school--supervision, assistant principal--day elementary school,
education administrator--instruction specialist, assistant
administrative director, supervisor of a subject area.

(c) No later than September first, nineteen hundred seventy-six, the
chancellor shall promulgate a list of the seniority rankings of all
members of the teaching or supervisory staff computed in accordance with
the provisions of this subdivision. Such list shall be revised at least
annually thereafter.

4. (a) A member of the teaching staff who has been regularly appointed
or a member of the supervisory staff who has been properly assigned or
appointed and whose services are terminated pursuant to this section,
shall be entitled to be placed, upon his application, in a vacancy
within the tenure area of a position where such individual shall have
previously served under regular appointment as a teacher or proper
assignment or appointment as a supervisor, and if no such vacancies
exist he shall be entitled to displace the person with least seniority
serving in the tenure area of such other position, if he has greater
seniority, based on length of service as a member of the teaching or
supervising staff in the city school district, including all full-time
equivalent substitute service and all full-time equivalent service as a
paraprofessional, than such person. A supervisor who reverts to a prior
supervisory license in which he had the right to placement within the
city school district shall retain such right and a supervisor who
reverts to a prior supervisory license in which he previously had the
right to placement only in a community school district shall be entitled
to reversion solely in the community school district from which he is
currently laid off. His salary thenceforth shall be fixed as though all
service rendered by him was in the position to which he is returned.
Provided, however, that a member of the supervisory staff applying to
displace a classroom teacher pursuant to this subdivision may include no
more than three years of service in a supervisory position in
calculating his seniority hereunder, and provided further that the
seniority of any principal seeking to displace another supervisor in
accordance with the provisions of this subdivision, shall be computed in
accordance with the provisions of paragraph (b) of subdivision three of
this section.

(b) A person who returns to a position in a tenure area in which he
had previously served pursuant to the provisions of this subdivision
shall retain any tenure rights he had previously acquired pursuant to
the provisions of section twenty-five hundred seventy-three of this
chapter in such tenure area.

5. Notwithstanding any other provision of law, no classroom teaching
position may be abolished after the fifth school day of the fall school
term or after the fifth school day of the spring school term and all
transfers or personnel changes resulting from such abolitions which
would cause the displacement of a classroom teacher shall be completed
prior to the fifteenth school day of such terms, provided that the
chancellor, after counsulting with any affected community school board,
may waive the aforesaid limitations in a specific instance because of
emergency conditions or for reasons of special hardship.

6. Notwithstanding any other provisions of law, except subdivisions
four and seven of this section, any member of the teaching staff whose
services have been terminated in accordance with the provision of this
section shall be eligible to be appointed to a vacant position for which
such individual does not hold appropriate licensure, provided that the
chancellor, upon the recommendation of the board of examiners, certifies
that such member is competent to serve in such vacant position and
provided further that such individual at the time of appointment meets
the minimum education and experience requirements for recertification
established, for such position, shows satisfactory evidence of
progression toward licensure as defined by the city board, and meets the
full requirements for licensure in such position not later than three
years from the date of the appointment therein. Such member shall serve
in such position at the salary of such position. Any person appointed to
a position for which he does not hold appropriate licensure prior to the
effective date of this section, may continue to serve in such position
only if he meets the minimum education and experience requirements
established for the position by February first, nineteen hundred
seventy-eight, shows satisfactory evidence of progression toward
licensure as defined by the city board and meets the full requirements
for licensure in such position not later than three years from the date
of appointment therein.

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 has filled. 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 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.

8. Notwithstanding any other provision of law or of this section, any
person whose services were discontinued because of the abolition of a
position during the period July first, nineteen hundred seventy-five and
June thirtieth, nineteen hundred eighty-eight shall be deemed to have
been on leave of absence without pay and shall be entitled to include
such period of discontinuance of services in computing his seniority in
the city school district for purposes of this section, provided the
record of such person has been one of faithful, competent service in the
office or position he has filled and provided further that such person
shall not receive pension credit or incremental salary step credit for
such period of discontinuance of service.