N.Y. Education Law § 2588: Seniority, retention and displacement rights in connection with abolition of positions in city school districts of cities having more tha...

§ 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.

* 9. (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 the teaching and supervisory

staff of the city 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