S T A T E O F N E W Y O R K
________________________________________________________________________
6150
2011-2012 Regular Sessions
I N A S S E M B L Y
March 8, 2011
___________
Introduced by M. of A. BING, HOYT, BOYLAND, MAYERSOHN, PEOPLES-STOKES,
J. MILLER, FITZPATRICK, KATZ -- read once and referred to the Commit-
tee on Education
AN ACT to amend the education law, in relation to retaining quality
teachers and teachers in shortage subject areas when teaching posi-
tions are eliminated in city school districts of cities having one
million or more inhabitants; and to repeal certain provisions of such
law relating thereto
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. This act shall be known and may be cited as the "keep
2 effective and excellent professionals in the classroom act".
3 S 2. The section heading of section 2588 of the education law, as
4 added by chapter 521 of the laws of 1976, is amended to read as follows:
5 Seniority, retention and displacement rights in connection with aboli-
6 tion of positions in city school districts of cities having [more than]
7 one million inhabitants OR MORE.
8 S 3. Subdivision 3 of section 2588 of the education law is REPEALED
9 and a new subdivision 3 is added to read as follows:
10 3. (A) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, RULE OR REGULATION
11 TO THE CONTRARY, THE CITY SCHOOL DISTRICT AND ITS EMPLOYEES' COLLECTIVE
12 BARGAINING AGENTS SHALL ESTABLISH A PROCEDURE GOVERNING THE ABOLISHMENT
13 OR REDUCTION OF TEACHING OR SUPERVISORY POSITIONS CITYWIDE PURSUANT TO
14 THE REQUIREMENTS OF ARTICLE FOURTEEN OF THE CIVIL SERVICE LAW. ANY SUCH
15 LOCALLY ESTABLISHED PROCESS SHALL NOT PERMIT AN EMPLOYEE'S LENGTH OF
16 SERVICE TO BE THE SOLE FACTOR IN ANY DECISION REGARDING WHICH POSITIONS
17 ARE TO BE ABOLISHED AND WHICH PERSONS OCCUPYING SUCH POSITIONS SHALL BE
18 LAID OFF; PROVIDED, HOWEVER, THAT ANY CONSIDERATION OF AN EMPLOYEE'S
19 LENGTH OF FAITHFUL AND COMPETENT SERVICE AS A FACTOR FOR THE ABOLISHMENT
20 OF POSITIONS OR PERSONS TO BE LAID OFF OCCUPYING SUCH POSITIONS MAY ONLY
21 BE CONSIDERED IN A MANNER BENEFICIAL TO AN EMPLOYEE AND THAT ANY SUCH
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09505-13-1
A. 6150 2
1 LOCALLY ESTABLISHED PROCESS SHALL NOT PERMIT AN EMPLOYEE'S SALARY TO BE
2 A FACTOR IN ANY DECISION REGARDING WHICH POSITIONS ARE TO BE ABOLISHED
3 AND WHICH PERSONS OCCUPYING SUCH POSITIONS SHALL BE LAID OFF; AND
4 PROVIDED FURTHER THAT ANY SUCH LOCALLY ESTABLISHED PROCESS MUST ENSURE
5 THAT HIGH QUALITY TEACHERS IN HIGH-NEED SCHOOLS ARE NOT LAID OFF AND
6 THAT HIGH-NEED SCHOOLS DO NOT BEAR A DISPROPORTIONATE SHARE OF WORKFORCE
7 REDUCTIONS PURSUANT TO A CITYWIDE LAYOFF, PROVIDED HOWEVER, NOTHING
8 SHALL PROHIBIT THE CITY SCHOOL DISTRICT FROM ABOLISHING ALL POSITIONS IN
9 A LICENSE AREA PURSUANT TO SUBPARAGRAPH (IV) OF THIS PARAGRAPH. FOR
10 PURPOSES OF THIS SECTION, A HIGH-NEED SCHOOL SHALL BE DEFINED AS A
11 SCHOOL IN WHICH AT LEAST NINETY PERCENT OF THE ENROLLED STUDENTS ARE
12 ELIGIBLE APPLICANTS FOR THE FREE AND REDUCED PRICE LUNCH PROGRAM. FOR
13 POSITIONS COVERED BY SECTION THREE THOUSAND TWELVE-C OF THIS CHAPTER,
14 ANY SUCH LOCALLY DEVELOPED PROCESS SHALL BE BASED ON THE ANNUAL PROFES-
15 SIONAL PERFORMANCE REVIEW FOR TEACHERS AND SUPERVISORS PURSUANT TO
16 SECTION THREE THOUSAND TWELVE-C OF THIS CHAPTER AND ITS IMPLEMENTING
17 REGULATIONS. UNTIL AND UNLESS SUCH A PROCESS HAS BEEN ESTABLISHED AT
18 LEAST NINETY DAYS BEFORE THE EFFECTIVE DATE OF ANY SUCH ABOLISHMENT OR
19 REDUCTION OF TEACHING OR SUPERVISORY POSITIONS CITYWIDE, THE FOLLOWING
20 SHALL APPLY:
21 (I) THE FOLLOWING TEACHERS OR SUPERVISORS SHALL BE LAID OFF PRIOR TO
22 ANY OTHER TEACHERS OR SUPERVISORS: (A) ANY TEACHER OR SUPERVISOR WHO
23 RECEIVED A RATING OF "UNSATISFACTORY" ON HIS OR HER ANNUAL PROFESSIONAL
24 PERFORMANCE REVIEW IN THE LAST FIVE SCHOOL YEARS OR "INEFFECTIVE" IN THE
25 EVENT A NEW ANNUAL PROFESSIONAL PERFORMANCE REVIEW HAS BEEN IMPLEMENTED
26 PURSUANT TO SECTION THREE THOUSAND TWELVE-C OF THIS CHAPTER; (B) ANY
27 TEACHER OR SUPERVISOR, IF THE PERSON IS A TENURED EMPLOYEE, WHO WITHIN
28 THE LAST FIVE YEARS HAS BEEN FINED OR SUSPENDED WITHOUT PAY AS A PENALTY
29 IMPOSED PURSUANT TO SECTION THREE THOUSAND TWENTY-A OF THIS CHAPTER OR
30 AS A RESULT OF A SETTLEMENT OF CHARGES BROUGHT PURSUANT TO SECTION THREE
31 THOUSAND TWENTY-A OF THIS CHAPTER; (C) ANY TEACHER OR SUPERVISOR NOT
32 CURRENTLY APPOINTED TO A REGULAR POSITION IN A SCHOOL FOR A PERIOD OF
33 SIX MONTHS OR MORE AS OF THE EFFECTIVE DATE OF ANY CITYWIDE LAYOFF
34 PURSUANT TO THIS SECTION; (D) ANY TEACHER OR SUPERVISOR CONVICTED OF A
35 QUALIFYING CRIMINAL OFFENSE IN THE PAST FIVE YEARS. "QUALIFYING CRIMINAL
36 OFFENSE" SHALL MEAN: (1) ANY FELONY, ANY CLASS A MISDEMEANOR, OR ANY
37 CLASS B MISDEMEANOR UNDER ARTICLE ONE HUNDRED TWENTY, ONE HUNDRED THIR-
38 TY, ONE HUNDRED THIRTY-FIVE, ONE HUNDRED FORTY, ONE HUNDRED FIFTY-FIVE,
39 TWO HUNDRED TWENTY, TWO HUNDRED THIRTY, TWO HUNDRED FORTY-FIVE, TWO
40 HUNDRED SIXTY, TWO HUNDRED SIXTY-THREE OR TWO HUNDRED SIXTY-FIVE OF THE
41 PENAL LAW, OR A FELONY OR MISDEMEANOR UNDER SECTIONS ELEVEN HUNDRED
42 NINETY-TWO AND ELEVEN HUNDRED NINETY-THREE OF THE VEHICLE AND TRAFFIC
43 LAW, OR (2) ANY OFFENSE IN ANY OTHER JURISDICTION FOR WHICH A SENTENCE
44 TO A TERM OF IMPRISONMENT OF ONE YEAR OR OF MORE THAN ONE YEAR WAS
45 AUTHORIZED AND IS AUTHORIZED IN THIS STATE IRRESPECTIVE OF WHETHER SUCH
46 SENTENCE WAS IMPOSED, OR (3) ANY OFFENSE IN ANY OTHER JURISDICTION THE
47 COMMISSION OF WHICH CONSTITUTES THE SUBSTANTIAL EQUIVALENT OF ANY
48 OFFENSE UNDER ARTICLE ONE HUNDRED TWENTY, ONE HUNDRED THIRTY, ONE
49 HUNDRED THIRTY-FIVE, ONE HUNDRED FORTY, ONE HUNDRED FIFTY-FIVE, TWO
50 HUNDRED TWENTY, TWO HUNDRED THIRTY, TWO HUNDRED FORTY-FIVE, TWO HUNDRED
51 SIXTY, TWO HUNDRED SIXTY-THREE OR TWO HUNDRED SIXTY-FIVE OF THE PENAL
52 LAW OR A FELONY OR MISDEMEANOR UNDER SECTIONS ELEVEN HUNDRED NINETY-TWO
53 AND ELEVEN HUNDRED NINETY-THREE OF THE VEHICLE AND TRAFFIC LAW; (E) ANY
54 TEACHER OR SUPERVISOR, IF THE PERSON IS A TENURED EMPLOYEE, WHO WITHIN
55 THE LAST FIVE YEARS HAS BEEN FINED AS A PENALTY IMPOSED PURSUANT TO
56 CHARGES RELATED TO CHRONIC ABSENTEEISM, CHRONIC LATENESS, OR IMPROPER
A. 6150 3
1 USE OR RECORDING OF LEAVE TIME OR AS A RESULT OF SETTLEMENT OF CHARGES
2 BROUGHT PURSUANT TO CHARGES RELATED TO CHRONIC ABSENTEEISM, CHRONIC
3 LATENESS OR IMPROPER USE OR RECORDING OF LEAVE TIME; (F) ANY TEACHER OR
4 SUPERVISOR WHO WITHIN THE LAST FIVE YEARS WAS THE SUBJECT OF AN INVESTI-
5 GATION WHERE ALLEGATIONS OF MISCONDUCT WERE SUBSTANTIATED BY THE CITY
6 SCHOOL DISTRICT'S SPECIAL COMMISSIONER OF INVESTIGATION, THE CITY SCHOOL
7 DISTRICT'S OFFICE OF SPECIAL INVESTIGATIONS OR THE CITY SCHOOL
8 DISTRICT'S OFFICE OF EQUAL OPPORTUNITY; (G) ANY TEACHER OR SUPERVISOR
9 WHO HAS FAILED TO FULFILL ALL REQUIREMENTS FOR CERTIFICATION FROM THE
10 DEPARTMENT AS OF AUGUST THIRTY-FIRST OF THE YEAR IN WHICH THERE IS A
11 CITYWIDE LAYOFF; (H) ANY TEACHER, FOR TWO YEARS OR MORE, RANKED IN THE
12 BOTTOM THIRTY PERCENT OF TEACHERS IN STUDENT TEST SCORES PROGRESS AS
13 MEASURED BY THE CITY SCHOOL DISTRICT'S VALUE-ADDED ASSESSMENT EXCEPT FOR
14 TEACHERS WHO WORK IN LICENSES SPECIFIC TO TEACHING CHILDREN WITH DISA-
15 BILITIES OR SPECIAL NEEDS. VALUE-ADDED ASSESSMENTS SHALL CONTROL FOR
16 FACTORS INCLUDING BUT NOT LIMITED TO THE STUDENT STATUS OR WHOLE CLASS
17 AVERAGE IN THE FOLLOWING CATEGORIES: PREVIOUS ACADEMIC OUTCOMES, FREE
18 AND REDUCED PRICE LUNCH STATUS, ENGLISH LANGUAGE LEARNER STATUS, SPECIAL
19 EDUCATION STATUS, PREVIOUS SUSPENSIONS AND ABSENCES, GRADE-LEVEL
20 RETENTION, SUMMER SCHOOL PARTICIPATION, YEARS ATTENDING THE CURRENT
21 SCHOOL, ETHNICITY, GENDER, AND CLASS SIZE; AND (I) TEACHERS OR SUPERVI-
22 SORS WHO ENTERED AGREEMENTS TO SERVE AN ADDITIONAL YEAR AS A PROBATIONER
23 PURSUANT TO SECTION TWENTY-FIVE HUNDRED SEVENTY-THREE OF THIS ARTICLE
24 FOR THE SCHOOL YEAR PRECEDING A CITYWIDE LAYOFF.
25 (II) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, RULE OR REGULATION TO
26 THE CONTRARY, IN THE CASE THAT THE NUMBER OF TEACHING OR SUPERVISORY
27 POSITIONS THAT ARE ABOLISHED, OR THE NUMBER OF TEACHING OR SUPERVISORY
28 EMPLOYEES THAT ARE LAID OFF PURSUANT TO SUBPARAGRAPH (I) OF THIS PARA-
29 GRAPH IS GREATER THAN THE NUMBER OF SUCH POSITIONS THAT MUST BE ABOL-
30 ISHED OR REDUCED AS A RESULT OF A CITYWIDE LAYOFF, THEN THE DECISION
31 CONCERNING WHICH POSITIONS ARE TO BE ABOLISHED, AND WHICH PERSONS OCCU-
32 PYING SUCH POSITIONS ARE TO BE LAID OFF, SHALL BE MADE IN ACCORDANCE
33 WITH THIS SUBPARAGRAPH.
34 (1) THE FOLLOWING PROTOCOL SHALL BE USED UNTIL SUCH TIME THAT THE
35 TOTAL NUMBER OF EMPLOYEES IDENTIFIED IS EQUAL TO THE TOTAL NUMBER OF
36 TEACHING OR SUPERVISORY POSITIONS ABOLISHED. FOR PURPOSES OF THE PROTO-
37 COL, THE CATEGORIES LISTED AS CLAUSES (A), (B), (C), (D), (E), (F), (G),
38 (H) AND (I) OF SUBPARAGRAPH (I) OF THIS PARAGRAPH SHALL BE RANKED ALPHA-
39 BETICALLY (A) THROUGH (I), PROVIDED THAT (A) SHALL BE RANKED THE HIGHEST
40 PRIORITY AND (I) SHALL BE RANKED THE LOWEST PRIORITY. THE PROTOCOL SHALL
41 BE ESTABLISHED AS FOLLOWS:
42 A. TEACHERS OR SUPERVISORS WHO FALL IN ALL NINE OF THE CATEGORIES
43 LISTED AS CLAUSES (A), (B), (C), (D), (E), (F), (G), (H) AND (I) OF
44 SUBPARAGRAPH (I) OF THIS PARAGRAPH;
45 B. TEACHERS OR SUPERVISORS WHO FALL WITHIN EIGHT OF THE CATEGORIES
46 LISTED AS CLAUSES (A), (B), (C), (D), (E), (F), (G), (H) AND (I) OF
47 SUBPARAGRAPH (I) OF THIS PARAGRAPH, IN ORDER OF THE COMBINED RANK PRIOR-
48 ITY OF THOSE EIGHT CATEGORIES;
49 C. TEACHERS OR SUPERVISORS WHO FALL WITHIN SEVEN OF THE CATEGORIES
50 LISTED AS CLAUSES (A), (B), (C), (D), (E), (F), (G), (H) AND (I) OF
51 SUBPARAGRAPH (I) OF THIS PARAGRAPH, IN ORDER OF THE COMBINED RANK PRIOR-
52 ITY OF THOSE SEVEN CATEGORIES;
53 D. TEACHERS OR SUPERVISORS WHO FALL WITHIN SIX OF THE CATEGORIES LIST-
54 ED AS CLAUSES (A), (B), (C), (D), (E), (F), (G), (H) AND (I) OF SUBPARA-
55 GRAPH (I) OF THIS PARAGRAPH, IN ORDER OF THE COMBINED RANK PRIORITY OF
56 THOSE SIX CATEGORIES;
A. 6150 4
1 E. TEACHERS OR SUPERVISORS WHO FALL WITHIN FIVE OF THE CATEGORIES
2 LISTED AS CLAUSES (A), (B), (C), (D), (E), (F), (G), (H) AND (I) OF
3 SUBPARAGRAPH (I) OF THIS PARAGRAPH, IN ORDER OF THE COMBINED RANK PRIOR-
4 ITY OF THOSE FIVE CATEGORIES;
5 F. TEACHERS OR SUPERVISORS WHO FALL WITHIN FOUR OF THE CATEGORIES
6 LISTED AS CLAUSES (A), (B), (C), (D), (E), (F), (G), (H) AND (I) OF
7 SUBPARAGRAPH (I) OF THIS PARAGRAPH, IN ORDER OF THE COMBINED RANK PRIOR-
8 ITY OF THOSE FOUR CATEGORIES;
9 G. TEACHERS OR SUPERVISORS WHO FALL WITHIN THREE OF THE CATEGORIES
10 LISTED AS CLAUSES (A), (B), (C), (D), (E), (F), (G), (H) AND (I) OF
11 SUBPARAGRAPH (I) OF THIS PARAGRAPH, IN ORDER OF THE COMBINED RANK PRIOR-
12 ITY OF THOSE THREE CATEGORIES;
13 H. TEACHERS OR SUPERVISORS WHO FALL WITHIN TWO OF THE CATEGORIES LIST-
14 ED AS CLAUSES (A), (B), (C), (D), (E), (F), (G), (H) AND (I) OF SUBPARA-
15 GRAPH (I) OF THIS PARAGRAPH, IN ORDER OF THE COMBINED RANK PRIORITY OF
16 THOSE TWO CATEGORIES;
17 I. TEACHERS OR SUPERVISORS WHO RECEIVED A RATING OF "UNSATISFACTORY"
18 IN ANY OF THE LAST FIVE SCHOOL YEARS ON THEIR ANNUAL PROFESSIONAL
19 PERFORMANCE REVIEW; PROVIDED, HOWEVER THAT IF FEWER LAYOFFS ARE REQUIRED
20 THAN THERE ARE PERSONS IN THIS CATEGORY, LAYOFFS SHALL BE DONE IN THE
21 FOLLOWING ORDER:
22 I. A TEACHER OR SUPERVISOR WITH THE HIGHEST NUMBER OF UNSATISFACTORY
23 RATINGS IN THE LAST FIVE YEARS; AND
24 II. A TEACHER OR SUPERVISOR WITH AN UNSATISFACTORY RATING RECEIVED IN
25 THE MOST RECENT YEAR OR YEARS;
26 J. ANY TEACHER OR SUPERVISOR, IF THE PERSON IS A TENURED EMPLOYEE, WHO
27 WITHIN THE LAST FIVE YEARS HAS BEEN FINED OR SUSPENDED WITHOUT PAY AS A
28 PENALTY IMPOSED PURSUANT TO SECTION THREE THOUSAND TWENTY-A OF THIS
29 CHAPTER OR AS A RESULT OF A SETTLEMENT OF CHARGES BROUGHT PURSUANT TO
30 SECTION THREE THOUSAND TWENTY-A OF THIS CHAPTER; PROVIDED, HOWEVER THAT
31 IF FEWER LAYOFFS ARE REQUIRED THAN THERE ARE PERSONS IN THIS CATEGORY
32 PERSONS SHALL BE LAID OFF IN ORDER OF THE MOST RECENT DISPOSITION;
33 K. ANY TEACHER OR SUPERVISOR WITH A CURRENT STATUS AS A TEACHER OR
34 SUPERVISOR NOT APPOINTED TO A PERMANENT POSITION IN A SCHOOL FOR A PERI-
35 OD OF SIX MONTHS OR MORE AS OF THE EFFECTIVE DATE OF ANY CITYWIDE LAYOFF
36 PURSUANT TO THIS SECTION; PROVIDED, HOWEVER THAT IF FEWER LAYOFFS ARE
37 REQUIRED THAN THERE ARE PERSONS IN THIS CATEGORY, LAYOFFS SHALL BE DONE
38 IN ORDER OF PERSONS WHO HAVE BEEN WITHOUT AN APPOINTED POSITION TO A
39 SCHOOL THE LONGEST PERIOD OF TIME;
40 L. ANY TEACHER OR SUPERVISOR CONVICTED OF A QUALIFYING CRIMINAL
41 OFFENSE IN THE PAST FIVE YEARS. "QUALIFYING CRIMINAL OFFENSE" SHALL
42 MEAN: (A) ANY FELONY, ANY CLASS A MISDEMEANOR, OR ANY CLASS B MISDEMEA-
43 NOR UNDER ARTICLE ONE HUNDRED TWENTY, ONE HUNDRED THIRTY, ONE HUNDRED
44 THIRTY-FIVE, ONE HUNDRED FORTY, ONE HUNDRED FIFTY-FIVE, TWO HUNDRED
45 TWENTY, TWO HUNDRED THIRTY, TWO HUNDRED FORTY-FIVE, TWO HUNDRED SIXTY,
46 TWO HUNDRED SIXTY-THREE OR TWO HUNDRED SIXTY-FIVE OF THE PENAL LAW OR A
47 FELONY OR MISDEMEANOR UNDER SECTIONS ELEVEN HUNDRED NINETY-TWO AND ELEV-
48 EN HUNDRED NINETY-THREE OF THE VEHICLE AND TRAFFIC LAW, OR (B) ANY
49 OFFENSE IN ANY OTHER JURISDICTION FOR WHICH A SENTENCE TO A TERM OF
50 IMPRISONMENT OF ONE YEAR OR OF MORE THAN ONE YEAR WAS AUTHORIZED AND IS
51 AUTHORIZED IN THIS STATE IRRESPECTIVE OF WHETHER SUCH SENTENCE WAS
52 IMPOSED, OR (C) ANY OFFENSE IN ANY OTHER JURISDICTION THE COMMISSION OF
53 WHICH CONSTITUTES THE SUBSTANTIAL EQUIVALENT OF ANY OFFENSE UNDER ARTI-
54 CLE ONE HUNDRED TWENTY, ONE HUNDRED THIRTY, ONE HUNDRED THIRTY-FIVE, ONE
55 HUNDRED FORTY, ONE HUNDRED FIFTY-FIVE, TWO HUNDRED TWENTY, TWO HUNDRED
56 THIRTY, TWO HUNDRED FORTY-FIVE, TWO HUNDRED SIXTY, TWO HUNDRED
A. 6150 5
1 SIXTY-THREE OR TWO HUNDRED SIXTY-FIVE OF THE PENAL LAW OR A FELONY OR
2 MISDEMEANOR UNDER SECTIONS ELEVEN HUNDRED NINETY-TWO AND ELEVEN HUNDRED
3 NINETY-THREE OF THE VEHICLE AND TRAFFIC LAW; PROVIDED, HOWEVER THAT IF
4 FEWER LAYOFFS ARE REQUIRED THAN THERE ARE PERSONS IN THIS CATEGORY,
5 LAYOFFS SHALL BE DONE IN THE FOLLOWING ORDER:
6 I. A TEACHER OR SUPERVISOR CONVICTED OF A FELONY IN THE LAST FIVE
7 YEARS; AND
8 II. A TEACHER OR SUPERVISOR CONVICTED OF A CLASS A MISDEMEANOR IN THE
9 LAST FIVE YEARS; AND
10 III. A TEACHER OR SUPERVISOR CONVICTED IN THE MOST RECENT YEAR OR
11 YEARS OF A CLASS B MISDEMEANOR UNDER ARTICLE ONE HUNDRED TWENTY, ONE
12 HUNDRED THIRTY, ONE HUNDRED THIRTY-FIVE, ONE HUNDRED FORTY, ONE HUNDRED
13 FIFTY-FIVE, TWO HUNDRED TWENTY, TWO HUNDRED THIRTY, TWO HUNDRED
14 FORTY-FIVE, TWO HUNDRED SIXTY, TWO HUNDRED SIXTY-THREE OR TWO HUNDRED
15 SIXTY-FIVE OF THE PENAL LAW OR A FELONY OR MISDEMEANOR UNDER SECTIONS
16 ELEVEN HUNDRED NINETY-TWO AND ELEVEN HUNDRED NINETY-THREE OF THE VEHICLE
17 AND TRAFFIC LAW;
18 M. ANY TEACHER OR SUPERVISOR WHO HAS RECEIVED A FINE AS A PENALTY OR
19 AS PART OF A STIPULATION IN SETTLEMENT OF CHARGES OF CHRONIC ABSENTEEISM
20 OR LATENESS, OR IMPROPER USE OR RECORDING OF LEAVE TIME; PROVIDED,
21 HOWEVER THAT IF FEWER LAYOFFS ARE REQUIRED THAN THERE ARE PEOPLE IN THIS
22 CATEGORY, LAYOFFS SHALL BE DONE IN ORDER OF THE MOST RECENT DISPOSITION;
23 N. ANY TEACHER OR SUPERVISOR WHO WITHIN THE LAST FIVE YEARS WAS THE
24 SUBJECT OF AN INVESTIGATION WHERE ALLEGATIONS OF MISCONDUCT WERE
25 SUBSTANTIATED BY THE CITY SCHOOL DISTRICT'S SPECIAL COMMISSIONER OF
26 INVESTIGATION, THE CITY SCHOOL DISTRICT'S OFFICE OF SPECIAL INVESTI-
27 GATIONS OR THE CITY SCHOOL DISTRICT'S OFFICE OF EQUAL OPPORTUNITY,
28 PROVIDED HOWEVER IF THERE ARE FEWER LAYOFFS THAN THERE ARE PERSONS IN
29 THIS CATEGORY, LAYOFFS SHALL BE DONE IN ORDER OF THE MOST RECENT INVES-
30 TIGATION OF SUBSTANTIATED ALLEGATIONS;
31 O. ANY TEACHER OR SUPERVISOR WHO HAS FAILED TO FULFILL ALL THE
32 REQUIREMENTS FOR STATE CERTIFICATION AS OF AUGUST THIRTY-FIRST OF THE
33 SCHOOL YEAR IN WHICH THERE IS A CITYWIDE LAYOFF, PROVIDED HOWEVER IF
34 THERE ARE FEWER LAYOFFS THAN THERE ARE PERSONS IN THIS CATEGORY, TEACH-
35 ERS WHO HAVE BEEN WITHOUT FULL CERTIFICATION FROM THE DEPARTMENT THE
36 LONGEST SHALL BE LAID OFF FIRST;
37 P. ANY TEACHER, FOR TWO YEARS OR MORE, RANKED IN THE BOTTOM THIRTY
38 PERCENT OF TEACHERS IN STUDENT TEST SCORES PROGRESS AS MEASURED BY THE
39 CITY SCHOOL DISTRICT'S VALUE-ADDED ASSESSMENT EXCEPT FOR TEACHERS WHO
40 WORK IN LICENSES SPECIFIC TO TEACHING CHILDREN WITH DISABILITIES OR
41 SPECIAL NEEDS. VALUE-ADDED ASSESSMENTS SHALL CONTROL FOR FACTORS INCLUD-
42 ING BUT NOT LIMITED TO THE STUDENT STATUS OR WHOLE CLASS AVERAGE IN THE
43 FOLLOWING CATEGORIES: PREVIOUS ACADEMIC OUTCOMES, FREE AND REDUCED PRICE
44 LUNCH STATUS, ENGLISH LANGUAGE LEARNER STATUS, SPECIAL EDUCATION STATUS,
45 PREVIOUS SUSPENSIONS AND ABSENCES, GRADE-LEVEL RETENTION, SUMMER SCHOOL
46 PARTICIPATION, YEARS ATTENDING THE CURRENT SCHOOL, ETHNICITY, GENDER,
47 AND CLASS SIZE, PROVIDED HOWEVER, IF THERE ARE FEWER LAYOFFS THAN THERE
48 ARE PERSONS IN THIS CATEGORY, TEACHERS WITH THE LOWEST SCORES SHALL BE
49 LAID OFF FIRST; AND
50 Q. ANY TEACHER OR SUPERVISOR WHO ENTERED AN AGREEMENT TO SERVE AN
51 ADDITIONAL PROBATIONARY YEAR PURSUANT TO SECTION TWENTY-FIVE HUNDRED
52 SEVENTY-THREE OF THIS ARTICLE, FOR THE SCHOOL YEAR PRECEDING A CITYWIDE
53 LAYOFF, PROVIDED HOWEVER, IF THERE ARE FEWER LAYOFFS THAN THERE ARE
54 PERSONS IN THIS CATEGORY, TEACHERS OR SUPERVISORS WITH THE MOST NUMBER
55 OF ABSENCES SHALL BE LAID OFF FIRST.
A. 6150 6
1 (III) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, RULE OR REGULATION
2 TO THE CONTRARY, IN THE CASE THAT THE NUMBER OF TEACHING OR SUPERVISORY
3 POSITIONS THAT ARE ABOLISHED, OR THE NUMBER OF TEACHING OR SUPERVISORY
4 EMPLOYEES THAT ARE LAID OFF PURSUANT TO SUBPARAGRAPH (I) OF PARAGRAPH
5 (A) OF THIS SUBDIVISION IS FEWER THAN THE NUMBER OF SUCH POSITIONS THAT
6 MUST BE ABOLISHED OR REDUCED, THE DECISION CONCERNING WHICH ADDITIONAL
7 POSITIONS ARE TO BE ABOLISHED, AND WHICH PERSONS OCCUPYING SUCH POSI-
8 TIONS ARE TO BE LAID OFF, SHALL BE MADE IN ACCORDANCE WITH THIS SUBPARA-
9 GRAPH.
10 (1) THE BOARD OF REGENTS SHALL PROMULGATE REGULATIONS PRESCRIBING HOW
11 SUCH ADDITIONAL LAYOFFS SHALL BE EFFECTUATED. THE PROMULGATION OF ANY
12 SUCH REGULATION SHALL NOT PERMIT AN EMPLOYEE'S LENGTH OF SERVICE TO BE
13 THE SOLE FACTOR IN ANY DECISION REGARDING WHICH POSITIONS ARE TO BE
14 ABOLISHED AND WHICH PERSONS OCCUPYING SUCH POSITIONS SHALL BE LAID OFF;
15 PROVIDED, HOWEVER, THAT ANY CONSIDERATION OF AN EMPLOYEE'S LENGTH OF
16 FAITHFUL AND COMPETENT SERVICE AS A FACTOR FOR THE ABOLISHMENT OF POSI-
17 TIONS OR PERSONS TO BE LAID OFF OCCUPYING SUCH POSITIONS MAY ONLY BE
18 CONSIDERED IN A MANNER BENEFICIAL TO AN EMPLOYEE AND THAT THE PROMULGA-
19 TION OF ANY SUCH REGULATION SHALL NOT PERMIT AN EMPLOYEE'S SALARY TO BE
20 A FACTOR IN ANY DECISION REGARDING WHICH POSITIONS ARE TO BE ABOLISHED
21 AND WHICH PERSONS OCCUPYING SUCH POSITIONS SHALL BE LAID OFF; AND
22 PROVIDED FURTHER THAT ANY SUCH REGULATIONS MUST ENSURE THAT IN A
23 HIGH-NEED SCHOOL THE NUMBER OF STAFF LAID OFF SHALL NOT EXCEED THE
24 PERCENTAGE OF THE OVERALL NUMBER OF POSITIONS IN THE SCHOOL THAT REPRES-
25 ENTS HALF OF THE AVERAGE PERCENTAGE OF STAFF LAID OFF CITYWIDE; PROVIDED
26 HOWEVER, SAID PERCENTAGE MAY BE EXCEEDED WHERE THE CITY SCHOOL DISTRICT
27 CHOOSES TO ABOLISH ALL POSITIONS IN A LICENSE AREA PURSUANT TO SUBPARA-
28 GRAPH (IV) OF THIS PARAGRAPH. SAID PERCENTAGES SHALL BE CALCULATED
29 EXCLUDING ANY TEACHERS OR SUPERVISORS LAID OFF PURSUANT TO SUBPARAGRAPHS
30 (I) AND (II) OF PARAGRAPH (A) OF THIS SUBDIVISION. FOR PURPOSES OF THIS
31 SECTION, A HIGH-NEED SCHOOL SHALL BE DEFINED AS A SCHOOL IN WHICH AT
32 LEAST NINETY PERCENT OF THE ENROLLED STUDENTS ARE ELIGIBLE APPLICANTS
33 FOR THE FREE AND REDUCED PRICE LUNCH PROGRAM.
34 (2) SHOULD THE BOARD OF REGENTS FAIL TO PROMULGATE REGULATIONS NO
35 LATER THAN SEVENTY-FIVE DAYS PRIOR TO THE EFFECTIVE DATE OF A CITYWIDE
36 LAYOFF, THE BUILDING PRINCIPAL SHALL DETERMINE WHICH ADDITIONAL POSI-
37 TIONS ARE TO BE ABOLISHED, AND WHICH ADDITIONAL PERSONS OCCUPYING SUCH
38 POSITIONS ARE TO BE LAID OFF CONSISTENT WITH GUIDANCE PROMULGATED BY THE
39 CHANCELLOR. THE PRINCIPAL SHALL MAKE THE DECISION AFTER CONSIDERING THE
40 RECOMMENDATIONS OF A SCHOOL-BASED COMMITTEE COMPRISED OF TEACHERS,
41 ADMINISTRATORS AND PARENTS. THE FOLLOWING FACTORS SHALL BE CONSIDERED
42 IN DETERMINING WHICH POSITIONS SHALL BE ABOLISHED AND WHICH PERSONS
43 OCCUPYING SUCH POSITIONS ARE TO BE LAID OFF: (I) SCHOOL NEEDS FOR
44 PARTICULAR LICENSE AREAS; AND (II) WHEN MORE THAN ONE PERSON HOLDS A
45 POSITION WITHIN THE SAME LICENSE AREA, SIGNIFICANT RELEVANT CONTRIB-
46 UTIONS, ACCOMPLISHMENTS, OR PERFORMANCE OF EACH SUCH PERSON; RELEVANT
47 SUPPLEMENTAL PROFESSIONAL EXPERIENCES OF EACH SUCH PERSON AS DEMON-
48 STRATED ON THE JOB; OFFICE OR SCHOOL NEEDS, INCLUDING CURRICULUM
49 SPECIALIZED EDUCATION, DEGREES, LICENSES OR AREAS OF EXPERTISE; AND
50 LENGTH OF SATISFACTORY SERVICE BY EACH SUCH PERSON. ANY SUCH GUIDANCE
51 PROMULGATED BY THE CHANCELLOR SHALL NOT PERMIT AN EMPLOYEE'S LENGTH OF
52 SERVICE TO BE THE SOLE FACTOR IN ANY DECISION REGARDING WHICH POSITIONS
53 ARE TO BE ABOLISHED AND WHICH PERSONS OCCUPYING SUCH POSITIONS SHALL BE
54 LAID OFF; PROVIDED, HOWEVER, THAT ANY CONSIDERATION OF AN EMPLOYEE'S
55 LENGTH OF FAITHFUL AND COMPETENT SERVICE AS A FACTOR FOR THE ABOLISHMENT
56 OF POSITIONS OR PERSONS TO BE LAID OFF OCCUPYING SUCH POSITIONS MAY ONLY
A. 6150 7
1 BE CONSIDERED IN A MANNER BENEFICIAL TO AN EMPLOYEE AND THAT THE PROMUL-
2 GATION OF ANY SUCH GUIDANCE SHALL NOT PERMIT AN EMPLOYEE'S SALARY TO BE
3 A FACTOR IN ANY DECISION REGARDING WHICH POSITIONS ARE TO BE ABOLISHED
4 AND WHICH PERSONS OCCUPYING SUCH POSITIONS SHALL BE LAID OFF; AND
5 PROVIDED FURTHER THAT ANY SUCH GUIDANCE PROMULGATED BY THE CHANCELLOR
6 MUST ENSURE THAT IN A HIGH-NEED SCHOOL THE NUMBER OF STAFF LAID OFF
7 SHALL NOT EXCEED THE PERCENTAGE OF THE OVERALL NUMBER OF POSITIONS IN
8 THE SCHOOL THAT REPRESENTS HALF OF THE AVERAGE PERCENTAGE OF STAFF LAID
9 OFF CITYWIDE, PROVIDED HOWEVER, SAID PERCENTAGE MAY BE EXCEEDED WHERE
10 THE CITY SCHOOL DISTRICT CHOOSES TO ABOLISH ALL POSITIONS IN A LICENSE
11 AREA PURSUANT TO SUBPARAGRAPH (IV) OF THIS PARAGRAPH. SAID PERCENTAGES
12 SHALL BE CALCULATED EXCLUDING ANY TEACHERS OR SUPERVISORS LAID OFF
13 PURSUANT TO SUBPARAGRAPHS (I) AND (II) OF THIS PARAGRAPH. FOR PURPOSES
14 OF THIS SECTION, A HIGH-NEED SCHOOL SHALL BE DEFINED AS A SCHOOL IN
15 WHICH AT LEAST NINETY PERCENT OF THE ENROLLED STUDENTS ARE ELIGIBLE
16 APPLICANTS FOR THE FREE AND REDUCED PRICE LUNCH PROGRAM.
17 (IV) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, RULE OR REGULATION TO
18 THE CONTRARY, ANY REGULATION PROMULGATED BY THE BOARD OF REGENTS OR ANY
19 LOCALLY DEVELOPED PROCESS PURSUANT TO THE REQUIREMENTS OF ARTICLE FOUR-
20 TEEN OF THE CIVIL SERVICE LAW, THE CITY SCHOOL DISTRICT SHALL NOT BE
21 PROHIBITED FROM ABOLISHING ALL POSITIONS IN AN ENTIRE LICENSE AREA
22 PURSUANT TO GUIDANCE PROMULGATED BY THE CHANCELLOR.
23 (B) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, RULE OR REGULATION TO
24 THE CONTRARY, THE CITY SCHOOL DISTRICT AND ITS EMPLOYEES' COLLECTIVE
25 BARGAINING AGENTS SHALL ESTABLISH A PROCEDURE GOVERNING THE ABOLISHMENT
26 OR REDUCTION OF TEACHING OR SUPERVISORY POSITIONS AT INDIVIDUAL SCHOOLS
27 IN ORDER TO MEET SCHOOL BUDGETARY NEEDS, REORGANIZE FUNCTIONS, OR FOR
28 OTHER COMPELLING REASONS OUTSIDE OF A CITYWIDE REDUCTION IN ACCORDANCE
29 WITH PARAGRAPH (A) OF THIS SUBDIVISION, PURSUANT TO THE REQUIREMENTS OF
30 ARTICLE FOURTEEN OF THE CIVIL SERVICE LAW. ANY SUCH LOCALLY ESTABLISHED
31 PROCESS SHALL NOT PERMIT AN EMPLOYEE'S LENGTH OF SERVICE TO BE THE SOLE
32 FACTOR IN ANY DECISION REGARDING WHICH POSITIONS ARE TO BE ABOLISHED AND
33 WHICH PERSONS OCCUPYING SUCH POSITIONS SHALL BE EXCESSED; PROVIDED
34 HOWEVER THAT ANY CONSIDERATION OF AN EMPLOYEE'S LENGTH OF FAITHFUL AND
35 COMPETENT SERVICE AS A FACTOR FOR THE ABOLISHMENT OF POSITIONS OR
36 PERSONS TO BE EXCESSED OCCUPYING SUCH POSITIONS MAY ONLY BE CONSIDERED
37 IN A MANNER BENEFICIAL TO AN EMPLOYEE AND THAT THE PROMULGATION OF ANY
38 SUCH REGULATION SHALL NOT PERMIT AN EMPLOYEE'S SALARY TO BE A FACTOR IN
39 ANY DECISION REGARDING WHICH POSITIONS ARE TO BE ABOLISHED AND WHICH
40 PERSONS OCCUPYING SUCH POSITIONS SHALL BE EXCESSED. FOR POSITIONS
41 COVERED BY SECTION THREE THOUSAND TWELVE-C OF THIS CHAPTER, ANY SUCH
42 LOCALLY DEVELOPED PROCESS SHALL BE BASED ON THE ANNUAL PROFESSIONAL
43 PERFORMANCE REVIEW FOR TEACHERS AND SUPERVISORS PURSUANT TO SUCH SECTION
44 THREE THOUSAND TWELVE-C AND ITS IMPLEMENTING REGULATIONS. UNTIL AND
45 UNLESS SUCH A PROCESS HAS BEEN ESTABLISHED AT LEAST NINETY DAYS BEFORE
46 THE START OF THE SCHOOL YEAR, THE FOLLOWING SHALL APPLY:
47 (I) DECISIONS CONCERNING WHICH POSITIONS ARE TO BE ABOLISHED SHALL BE
48 MADE IN ACCORDANCE WITH THE SAME PROCESS PRESCRIBED FOR MAKING LAYOFF
49 DECISIONS SET FORTH IN SUBPARAGRAPHS (I) AND (II) OF PARAGRAPH (A) OF
50 THIS SUBDIVISION. IN THE CASE THAT THE NUMBER OF TEACHING OR SUPERVISORY
51 EMPLOYEES EXCESSED IS FEWER THAN THE NUMBER OF SUCH POSITIONS THAT MUST
52 BE EXCESSED PURSUANT TO THIS SUBPARAGRAPH, THE BOARD OF REGENTS SHALL
53 PROMULGATE REGULATIONS ESTABLISHING THE PROCESS TO BE USED TO DETERMINE
54 WHICH POSITIONS SHALL BE ABOLISHED AND WHICH PERSONS OCCUPYING SUCH
55 POSITIONS SHALL BE EXCESSED. THE PROMULGATION OF ANY SUCH REGULATION
56 SHALL NOT PERMIT AN EMPLOYEE'S LENGTH OF SERVICE TO BE THE SOLE FACTOR
A. 6150 8
1 IN ANY DECISION REGARDING WHICH POSITIONS ARE TO BE ABOLISHED AND WHICH
2 PERSONS OCCUPYING SUCH POSITIONS SHALL BE EXCESSED; PROVIDED HOWEVER
3 THAT ANY CONSIDERATION OF AN EMPLOYEE'S LENGTH OF FAITHFUL AND COMPETENT
4 SERVICE AS A FACTOR FOR THE ABOLISHMENT OF POSITIONS OR PERSONS TO BE
5 EXCESSED OCCUPYING SUCH POSITIONS MAY ONLY BE CONSIDERED IN A MANNER
6 BENEFICIAL TO AN EMPLOYEE AND THAT THE PROMULGATION OF ANY SUCH REGU-
7 LATION SHALL NOT PERMIT AN EMPLOYEE'S SALARY TO BE A FACTOR IN ANY DECI-
8 SION REGARDING WHICH POSITIONS ARE TO BE ABOLISHED AND WHICH PERSONS
9 OCCUPYING SUCH POSITIONS SHALL BE EXCESSED. SHOULD THE BOARD OF REGENTS
10 FAIL TO PROMULGATE REGULATIONS NO LATER THAN SEVENTY-FIVE DAYS PRIOR TO
11 THE FIRST DAY OF THE SCHOOL YEAR, THE BUILDING PRINCIPAL SHALL DETERMINE
12 WHICH TEACHERS OR SUPERVISORS ARE TO BE EXCESSED, CONSISTENT WITH GUID-
13 ANCE PROMULGATED BY THE CHANCELLOR PURSUANT TO THIS SUBDIVISION. THE
14 PRINCIPAL SHALL MAKE THE DECISION AFTER CONSIDERING THE RECOMMENDATIONS
15 OF A SCHOOL-BASED COMMITTEE COMPRISED OF TEACHERS, ADMINISTRATORS AND
16 PARENTS. THE FOLLOWING FACTORS SHALL BE CONSIDERED IN DETERMINING WHICH
17 POSITIONS SHALL BE ABOLISHED AND WHICH PERSONS OCCUPYING SUCH POSITIONS
18 ARE TO BE EXCESSED: (1) SCHOOL NEEDS FOR PARTICULAR LICENSE AREAS; AND
19 (2) WHEN MORE THAN ONE PERSON HOLDS A POSITION WITHIN THE SAME LICENSE
20 AREA: SIGNIFICANT RELEVANT CONTRIBUTIONS, ACCOMPLISHMENTS, OR PERFORM-
21 ANCE OF EACH SUCH PERSON; RELEVANT SUPPLEMENTAL PROFESSIONAL EXPERIENCES
22 OF EACH SUCH PERSON AS DEMONSTRATED ON THE JOB; OFFICE OR SCHOOL NEEDS,
23 INCLUDING: CURRICULUM SPECIALIZED EDUCATION, DEGREES, LICENSES OR AREAS
24 OF EXPERTISE; AND LENGTH OF SATISFACTORY SERVICE BY EACH SUCH PERSON.
25 ANY SUCH GUIDANCE PROMULGATED BY THE CHANCELLOR SHALL NOT PERMIT AN
26 EMPLOYEE'S LENGTH OF SERVICE TO BE THE SOLE FACTOR IN ANY DECISION
27 REGARDING WHICH POSITIONS ARE TO BE ABOLISHED AND WHICH PERSONS OCCUPY-
28 ING SUCH POSITIONS SHALL BE EXCESSED; PROVIDED, HOWEVER, THAT ANY
29 CONSIDERATION OF AN EMPLOYEE'S LENGTH OF FAITHFUL AND COMPETENT SERVICE
30 AS A FACTOR FOR THE ABOLISHMENT OF POSITIONS OR PERSONS TO BE EXCESSED
31 OCCUPYING SUCH POSITIONS MAY ONLY BE CONSIDERED IN A MANNER BENEFICIAL
32 TO AN EMPLOYEE AND THAT THE PROMULGATION OF ANY SUCH GUIDANCE SHALL NOT
33 PERMIT AN EMPLOYEE'S SALARY TO BE A FACTOR IN ANY DECISION REGARDING
34 WHICH POSITIONS ARE TO BE ABOLISHED AND WHICH PERSONS OCCUPYING SUCH
35 POSITIONS SHALL BE LAID OFF. SHOULD CITYWIDE LAYOFFS IN ACCORDANCE WITH
36 PARAGRAPH (A) OF THIS SUBDIVISION BE CARRIED OUT, A DETERMINATION OF
37 WHETHER ANY TEACHER OR SUPERVISOR SHALL BE LAID OFF WHOSE POSITION HAS
38 BEEN ABOLISHED AND IS IN EXCESS FROM A REGULARLY APPOINTED POSITION IN
39 THE DISTRICT FOR LESS THAN SIX MONTHS, SHALL BE MADE PURSUANT TO SUBPAR-
40 AGRAPHS (I) AND (II) OF PARAGRAPH (A) OF THIS SUBDIVISION.
41 S 4. Subdivision 4 of section 2588 of the education law is REPEALED
42 and a new subdivision 4 is added to read as follows:
43 4. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, RULE OR REGULATION TO
44 THE CONTRARY, THE CITY SCHOOL DISTRICT AND ITS COLLECTIVE BARGAINING
45 AGENTS SHALL ESTABLISH A PROCEDURE PURSUANT TO THE REQUIREMENTS OF ARTI-
46 CLE FOURTEEN OF THE CIVIL SERVICE LAW GOVERNING THE RIGHTS OF EMPLOYEES
47 TO RETURN TO VACANT POSITIONS IN THE CITY SCHOOL DISTRICT. UNTIL AND
48 UNLESS A LOCALLY ESTABLISHED PROCEDURE IS ESTABLISHED PURSUANT TO THE
49 REQUIREMENTS OF ARTICLE FOURTEEN OF THE CIVIL SERVICE LAW, THE FOLLOWING
50 SHALL APPLY CONCERNING THE RIGHTS OF EMPLOYEES TO RETURN TO VACANT POSI-
51 TIONS. WHENEVER A TEACHING OR SUPERVISORY POSITION IS ABOLISHED PURSU-
52 ANT TO CLAUSES ONE AND TWO OF SUBPARAGRAPH (III) OF PARAGRAPH (A) OF
53 SUBDIVISION THREE OF THIS SECTION, SHOULD A VACANCY OCCUR IN THE SAME
54 POSITION AT THE SAME SCHOOL OR ADMINISTRATIVE OFFICE WITHIN ONE YEAR OF
55 THE DATE WHEN THE POSITION WAS ABOLISHED, THE PRINCIPAL, OR THE CHANCEL-
56 LOR OR HIS OR HER DESIGNEE, SHALL OFFER THE POSITION TO THE PERSON WHO
A. 6150 9
1 HELD THE POSITION BEFORE IT WAS ABOLISHED. IF THE PERSON REJECTS THE
2 OFFER, OR FAILS TO RESPOND TO THE OFFER WITHIN THIRTY DAYS, THE PERSON
3 SHALL NO LONGER HAVE A RIGHT TO RETURN TO THE POSITION. IF MORE THAN ONE
4 POSITION WAS ABOLISHED IN THE SAME LICENSE AREA AT THE SAME SCHOOL OR
5 ADMINISTRATIVE OFFICE, AND THERE ARE FEWER VACANCIES IN THE SAME LICENSE
6 AREA THAN PERSONS WHOSE POSITIONS WERE ABOLISHED, THE PRINCIPAL, OR THE
7 CHANCELLOR, SHALL HAVE THE DISCRETION TO DETERMINE WHICH PERSON SHOULD
8 BE OFFERED THE POSITION FIRST. THE CHANCELLOR SHALL PROMULGATE GUIDANCE
9 TO DETERMINE THE RIGHT OF RETURN OF ANY TEACHERS OR SUPERVISORS LAID OFF
10 PURSUANT TO SUBPARAGRAPH (IV) OF PARAGRAPH (A) OF SUBDIVISION THREE OF
11 THIS SECTION. TEACHERS OR SUPERVISORS LAID OFF PURSUANT TO SUBPARAGRAPH
12 (I) OF PARAGRAPH (A) OF SUBDIVISION THREE OF THIS SECTION AND CLAUSE ONE
13 OF SUBPARAGRAPH (II) OF PARAGRAPH (A) OF SUBDIVISION THREE OF THIS
14 SECTION, SHALL HAVE NO RIGHTS TO RETURN TO A VACANT POSITION PURSUANT TO
15 THIS SECTION.
16 S 5. Subdivision 7 of section 2588 of the education law is REPEALED.
17 S 6. Severability. If any clause, sentence, paragraph, section or part
18 of this act shall be adjudged by any court of competent jurisdiction to
19 be invalid and after exhaustion of all further judicial review, the
20 judgment shall not affect, impair or invalidate the remainder thereof,
21 but shall be confined in its operation to the clause, sentence, para-
22 graph, section or part of this act directly involved in the controversy
23 in which the judgment shall have been rendered.
24 S 7. This act shall take effect immediately.