NY Educ L § 2588 (2021)
2021 New York Laws EDN - Education Title 2 - School District Organization Article 52 - City School Districts of Cities With One Hundred Twenty-Five Thousand Inhabitants or More 2588 - Seniority, Retention and Displacement Rights in Connection With Abolition of Positions in City School Districts of Cities Having More Than One Million

§ 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.