§ 2588. Seniority, retention and displacement rights in connection\nwith abolition of positions in city school districts of cities having\nmore than one million inhabitants.
1.For the purposes of this section,\nthe tenure areas applicable to all professional education positions\nshall be defined as the license areas established by the city board\npursuant to subdivision ten of section twenty-five hundred seventy-three\nof this chapter, provided that, effective July first, nineteen hundred\nseventy-six, there shall be a single elementary teaching tenure area\nencompassing kindergarten through grade six. Such groupings of related\nlicense areas shall not affect the rights of persons whose services had\nbeen discontinued prior to the effective date of such groupings nor\nshall such groupin
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§ 2588. Seniority, retention and displacement rights in connection\nwith abolition of positions in city school districts of cities having\nmore than one million inhabitants. 1. For the purposes of this section,\nthe tenure areas applicable to all professional education positions\nshall be defined as the license areas established by the city board\npursuant to subdivision ten of section twenty-five hundred seventy-three\nof this chapter, provided that, effective July first, nineteen hundred\nseventy-six, there shall be a single elementary teaching tenure area\nencompassing kindergarten through grade six. Such groupings of related\nlicense areas shall not affect the rights of persons whose services had\nbeen discontinued prior to the effective date of such groupings nor\nshall such groupings be applicable for purposes other than those of this\nsection; and provided that, on the effective date of this subdivision,\nthere shall be a single tenure area for personnel properly assigned or\nappointed prior to the effective date of this subdivision as assistant\nprincipals of day elementary school and supervisors of early childhood;\nand a single tenure area for personnel properly assigned or appointed\nprior to the effective date of this subdivision as assistant\nprincipals--junior high school--supervision, assistant\nprincipals--junior high school--administration, and supervisors of art,\nmusic, home economics, school library service, health and physical\neducation, audio-visual instruction, industrial arts, and bilingual\neducation. The tenure areas applicable to all intermediate supervisors\nproperly assigned or appointed on or after the effective date of this\nsubdivision shall be defined as the license areas established by the\ncity board.\n 2. If a position within a tenure area is abolished and another\nposition is created in such area for the performance of duties similar\nto those performed in the abolished position, the person filling such\noffice or position at the time of its abolition shall be appointed to\nthe position thus created without reduction in salary or increment,\nprovided the record of such person has been one of faithful, competent\nservice in the office or position he has filled.\n 3. (a) Whenever a teaching position is abolished under this chapter,\nthe services of the person holding a position within the tenure area of\nthe position which is to be abolished who has the least seniority in the\ncity school district, including all full-time equivalent substitute\nservice and all full-time equivalent service as a paraprofessional,\nshall be discontinued, provided that the services of a person who has\nacquired tenure within such tenure area shall not be discontinued if\nanother person holding a position within such tenure area has not\nacquired tenure.\n (b) Whenever a supervisory position is abolished under this chapter,\nthe services of the member of the supervisory staff, except associate,\nassistant and other superintendents, principals and intermediate\nsupervisors serving in schools or programs under the jurisdiction of a\ncommunity school board or serving under the jurisdiction of the\nchancellor, having the least seniority within the tenure area of the\nposition abolished in the city school district, shall be discontinued.\nWhenever a principalship or intermediate supervisory position in a\nschool or program under the jurisdiction of a community school board is\nabolished under this chapter, the principal or intermediate supervisor\nserving in such position shall be entitled to be placed in any vacancy\nwithin the tenure area of such position within such community district\nwhich may exist, and if no such vacancies exist, he shall be entitled to\ndisplace the principal or intermediate supervisor with the least\nseniority within the tenure area of such position in the community\ndistrict, if he has greater seniority within the tenure area of such\nposition in the community district, than such person. Whenever a\nprincipalship or an intermediate supervisory position under the\njurisdiction of the chancellor is abolished under this chapter, the\nprincipal or intermediate supervisor serving in such position shall be\nentitled to be placed in any vacancy within the tenure area of such\nposition which may exist under the chancellor's jurisdiction, and if no\nsuch vacancies exist he shall be entitled to displace the principal or\nintermediate supervisor with the least seniority within the tenure area\nof such position under the jurisdiction of the chancellor if he has\ngreater seniority within the tenure area of such position under the\njurisdiction of the chancellor, than such person. Notwithstanding any\nother provision of law, an intermediate supervisor appointed or properly\nassigned prior to the effective date of this paragraph whose position is\nabolished shall be entitled to be placed in any vacancy within the\ntenure area of such position in the city school district, and if no such\nvacancy exists, shall be entitled to displace the intermediate\nsupervisor with the least seniority within that tenure area in the city\nschool district. For purposes of this section, an intermediate\nsupervisor shall be any person serving by appointment or properly\nassigned in the supervisory license area of: assistant principal--junior\nhigh school--administration, assistant principal--junior high\nschool--supervision, assistant principal--day elementary school,\neducation administrator--instruction specialist, assistant\nadministrative director, supervisor of a subject area.\n (c) No later than September first, nineteen hundred seventy-six, the\nchancellor shall promulgate a list of the seniority rankings of all\nmembers of the teaching or supervisory staff computed in accordance with\nthe provisions of this subdivision. Such list shall be revised at least\nannually thereafter.\n 4. (a) A member of the teaching staff who has been regularly appointed\nor a member of the supervisory staff who has been properly assigned or\nappointed and whose services are terminated pursuant to this section,\nshall be entitled to be placed, upon his application, in a vacancy\nwithin the tenure area of a position where such individual shall have\npreviously served under regular appointment as a teacher or proper\nassignment or appointment as a supervisor, and if no such vacancies\nexist he shall be entitled to displace the person with least seniority\nserving in the tenure area of such other position, if he has greater\nseniority, based on length of service as a member of the teaching or\nsupervising staff in the city school district, including all full-time\nequivalent substitute service and all full-time equivalent service as a\nparaprofessional, than such person. A supervisor who reverts to a prior\nsupervisory license in which he had the right to placement within the\ncity school district shall retain such right and a supervisor who\nreverts to a prior supervisory license in which he previously had the\nright to placement only in a community school district shall be entitled\nto reversion solely in the community school district from which he is\ncurrently laid off. His salary thenceforth shall be fixed as though all\nservice rendered by him was in the position to which he is returned.\nProvided, however, that a member of the supervisory staff applying to\ndisplace a classroom teacher pursuant to this subdivision may include no\nmore than three years of service in a supervisory position in\ncalculating his seniority hereunder, and provided further that the\nseniority of any principal seeking to displace another supervisor in\naccordance with the provisions of this subdivision, shall be computed in\naccordance with the provisions of paragraph (b) of subdivision three of\nthis section.\n (b) A person who returns to a position in a tenure area in which he\nhad previously served pursuant to the provisions of this subdivision\nshall retain any tenure rights he had previously acquired pursuant to\nthe provisions of section twenty-five hundred seventy-three of this\nchapter in such tenure area.\n 5. Notwithstanding any other provision of law, no classroom teaching\nposition may be abolished after the fifth school day of the fall school\nterm or after the fifth school day of the spring school term and all\ntransfers or personnel changes resulting from such abolitions which\nwould cause the displacement of a classroom teacher shall be completed\nprior to the fifteenth school day of such terms, provided that the\nchancellor, after counsulting with any affected community school board,\nmay waive the aforesaid limitations in a specific instance because of\nemergency conditions or for reasons of special hardship.\n 6. Notwithstanding any other provisions of law, except subdivisions\nfour and seven of this section, any member of the teaching staff whose\nservices have been terminated in accordance with the provision of this\nsection shall be eligible to be appointed to a vacant position for which\nsuch individual does not hold appropriate licensure, provided that the\nchancellor, upon the recommendation of the board of examiners, certifies\nthat such member is competent to serve in such vacant position and\nprovided further that such individual at the time of appointment meets\nthe minimum education and experience requirements for recertification\nestablished, for such position, shows satisfactory evidence of\nprogression toward licensure as defined by the city board, and meets the\nfull requirements for licensure in such position not later than three\nyears from the date of the appointment therein. Such member shall serve\nin such position at the salary of such position. Any person appointed to\na position for which he does not hold appropriate licensure prior to the\neffective date of this section, may continue to serve in such position\nonly if he meets the minimum education and experience requirements\nestablished for the position by February first, nineteen hundred\nseventy-eight, shows satisfactory evidence of progression toward\nlicensure as defined by the city board and meets the full requirements\nfor licensure in such position not later than three years from the date\nof appointment therein.\n 7. If an office or position is abolished or if it is consolidated with\nanother position without creating a new position, the person filling\nsuch position at the time of its abolition or consolidation, or a person\ndisplaced by a person with higher seniority as provided in this section,\nshall be placed upon a preferred eligible list of candidates for\nappointment to a vacancy that then exists or that may thereafter occur\nin the tenure area of such position, without reduction in salary or\nincrement, provided the record of such person has been one of faithful,\ncompetent service in the office or position he has filled. The persons\non such preferred list shall be reinstated or appointed to such\nvacancies in the order of their length of service in the city school\ndistrict, including all full-time equivalent substitute service and all\nfull-time equivalent service as a paraprofessional, provided that in the\ncase of vacancies in principalship positions under the jurisdiction of a\ncommunity school board, such persons shall be reinstated or reappointed\nin order of their length of service in the tenure area of the position\nin the community district and provided that intermediate supervisors\nproperly assigned or appointed on or after the effective date of this\nsubdivision to positions in a community district and who have been\nplaced on a preferred eligible list shall be entitled to reinstatement\nor reappointment to vacancies in their tenure area within that community\ndistrict in order of their length of service in the tenure area of the\nposition in the community district.\n 8. Notwithstanding any other provision of law or of this section, any\nperson whose services were discontinued because of the abolition of a\nposition during the period July first, nineteen hundred seventy-five and\nJune thirtieth, nineteen hundred eighty-eight shall be deemed to have\nbeen on leave of absence without pay and shall be entitled to include\nsuch period of discontinuance of services in computing his seniority in\nthe city school district for purposes of this section, provided the\nrecord of such person has been one of faithful, competent service in the\noffice or position he has filled and provided further that such person\nshall not receive pension credit or incremental salary step credit for\nsuch period of discontinuance of service.\n 9.(a) The use of artificial intelligence systems as defined by section\none hundred three-e of the state technology law and automated\ndecision-making tools as defined by section five hundred one of the\nstate technology law shall not affect (i) the existing rights of\nemployees pursuant to an existing collective bargaining agreement, or\n(ii) the existing representational relationships among employee\norganizations or the bargaining relationships between the employer and\nan employee organization.\n (b) The use of such artificial intelligence systems shall not result\nin the: (i) discharge, displacement or loss of position, including\npartial displacement such as a reduction in the hours of non-overtime\nwork, wages, or employment benefits, or result in the impairment of\nexisting collective bargaining agreements; or (ii) transfer of existing\nduties and functions currently performed by employees of the state or\nany agency or public authority thereof to and artificial intelligence\nsystem or automated decision-making tool.\n (c) The use of such artificial intelligence system and automated\ndecision-making tool shall not alter the rights or benefits, and\nprivileges, including but not limited to terms and conditions of\nemployment and civil service status. The collective bargaining unit\nmembership status of all existing employees of the board of education\nshall be preserved and protected.\n