N.Y. Education Law § 2510: Abolition of office or position

§ 2510. Abolition of office or position. 1. If the 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 has filled.

2. 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 shall be

discontinued.

3. (a) 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 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. 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rescinded, such member shall be placed upon such preferred eligible list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.

(b) The persons on such preferred list shall be reinstated, in

accordance with the terms of paragraph (a) of this subdivision, to such

substitute positions of five months or more in duration, as may from

time to time occur without losing their preferred status on such list.

Declination of such reinstatement shall not adversely affect the

persons' preferred eligibility status.

* 4. (a) The use of artificial intelligence systems as defined by

section one hundred three-e of the state technology law shall not affect

(i) the existing rights of employees pursuant to an existing collective

bargaining agreement, or (ii) the existing representational

relationships among employee organizations or the bargaining

relationships between the employer and an employee organization.

(b) The use of such artificial intelligence systems shall not result

in the: (i) discharge, displacement or loss of position, including

partial displacement such as a reduction in the hours of non-overtime

work, wages, or employment benefits, or result in the impairment of

existing collective bargaining agreements; or (ii) transfer of existing

duties and functions currently performed by employees of the school

district to an artificial intelligence system.

(c) The use of such artificial intelligence system shall not alter the

rights or benefits, and privileges, including but not limited to terms

and conditions of employment and civil service status. The collective

bargaining unit membership status of all existing employees of the board

of education shall be preserved and protected.

* NB Repealed July 1, 2028