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S06154 Summary:

S06154 Actions:

S06154 Floor Votes:

S06154 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         6154--B
 
                               2009-2010 Regular Sessions
 
                    IN SENATE
 
                                    September 3, 2009
                                       ___________
 
        Introduced  by  Sen.  OPPENHEIMER -- read twice and ordered printed, and
          when printed to be committed to the Committee on  Rules  --  committee
          discharged, bill amended, ordered reprinted as amended and recommitted
          to  said  committee  --  recommitted  to the Committee on Education in
          accordance with Senate Rule 6, sec. 8 --  committee  discharged,  bill

          amended,  ordered reprinted as amended and recommitted to said commit-
          tee
 
        AN ACT to amend the education law, in relation to teachers' rights
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1. Section 3014-a of the education law, as amended by chapter
     2  511 of the laws of 1998, is amended to read as follows:
     3    § 3014-a. Teachers' rights as a result of a board or boards of cooper-
     4  ative educational services taking over a program formerly operated by  a
     5  school  district  or  districts  or by a county vocational education and
     6  extension board. 1. In any case in which a board or  boards  of  cooper-
     7  ative  educational  services  duly  take over the operation of a program
     8  formerly provided by a school district or school districts or by a coun-

     9  ty vocational education and  extension  board,  each  teacher,  teaching
    10  assistant [and], teacher aide, and other specified personnel employed in
    11  such  a  program  by  such a school district or such a county vocational
    12  education and extension board at the time of such takeover by the  board
    13  or  boards  of  cooperative educational services, shall be considered an
    14  employee of such board or boards  of  cooperative  educational  services
    15  with  the  same  tenure  or civil service status he or she maintained in
    16  such school district or in such county vocational education  and  exten-
    17  sion board.
    18    2.  If the number of teaching positions needed to provide the services
    19  required by such program by the board or boards  of  cooperative  educa-
    20  tional services is less than the number of teachers, teaching assistants

    21  [and],  teacher  aides,  and  other  specified  personnel eligible to be
    22  considered employees of such board or boards of cooperative  educational
    23  services as provided by subdivision one of this section, the services of
    24  the teachers, teaching assistants [and], teacher aides, and other speci-
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01389-06-0
        S. 6154--B                          2
 
     1  fied  personnel  having  the  least  seniority in the school district or
     2  school districts or county  vocational  education  and  extension  board

     3  whose  programs  are  taken  over  by the board or boards of cooperative
     4  educational  services  within  the tenure area or civil service title of
     5  the position shall be discontinued. Such teachers,  teaching  assistants
     6  [and], teacher aides, and other specified personnel shall be placed on a
     7  preferred  eligible list of candidates for appointment to a vacancy that
     8  may thereafter occur in an office or position under the jurisdiction  of
     9  the  board  or boards of cooperative educational services similar to the
    10  one such teacher, teaching assistant  [and],  teacher  aide,  and  other
    11  specified  personnel  filled in such school district or school districts
    12  or such county vocational education and extension board.  The  teachers,

    13  teaching  assistants [and], teacher aides, and other specified personnel
    14  on such preferred list shall be reinstated or appointed to  such  vacan-
    15  cies  in  such corresponding or similar positions under the jurisdiction
    16  of the board or boards of cooperative educational services in the  order
    17  of  their  length of service in such school district or school districts
    18  or in such county vocational education and extension board, within seven
    19  years from the date of the abolition of such office or position.
    20    3. For any such teacher, teaching assistant [and], teacher  aide,  and
    21  other  specified  personnel  as  set  forth  in  subdivision one of this
    22  section for salary, sick leave and any other  purposes,  the  length  of
    23  service  credited  in  such school district or in such county vocational

    24  education and extension board shall be credited as employment time  with
    25  such board or boards of cooperative educational services.
    26    4.  This  section  shall in no way be construed to limit the rights of
    27  any of such employees set forth in this section  granted  by  any  other
    28  provision of law.
    29    5.  Program  takeovers  pursuant to this section shall be considered a
    30  transfer pursuant to section seventy of the civil service law.
    31    6. For the purposes of this section, "other specified personnel" shall
    32  mean any person certified to the state civil service commission  by  the
    33  commissioner  pursuant  to subdivision (g) of section thirty-five of the
    34  civil service law  providing  instructional,  ancillary,  or  supportive
    35  educational services and any licensed health professional who is princi-

    36  pally engaged in providing health services.
    37    § 2. Section 3014-b of the education law, as amended by chapter 511 of
    38  the laws of 1998, is amended to read as follows:
    39    § 3014-b. Teachers'  rights  as  a  result of a school district taking
    40  over a program formerly operated by a board of  cooperative  educational
    41  services.  1. In any case in which a school district duly takes over the
    42  operation of a program formerly  provided  by  a  board  of  cooperative
    43  educational  services,  each  teacher, teaching assistant [and], teacher
    44  aide, and other specified personnel employed in such a program by such a
    45  board of cooperative educational services at the time of  such  takeover
    46  by  the  school  district shall be considered an employee of such school
    47  district, with the same tenure or civil service status he or  she  main-

    48  tained in such board of cooperative educational services.
    49    2.  If the number of teaching positions needed to provide the services
    50  required by such program by the school district is less than the  number
    51  of  teachers, teaching assistants [and], teacher aides, and other speci-
    52  fied personnel eligible  to  be  considered  employees  of  such  school
    53  district as provided by subdivision one of this section, the services of
    54  the teachers, teaching assistants [and], teacher aides, and other speci-
    55  fied  personnel  having  the least seniority in the board of cooperative
    56  educational services  whose  programs  are  taken  over  by  the  school
        S. 6154--B                          3
 
     1  district  within  the tenure area or civil service title of the position

     2  shall be discontinued. Such teachers, teaching assistants [and], teacher
     3  aides, and other specified personnel shall  be  placed  on  a  preferred
     4  eligible list of candidates for appointment to a vacancy that may there-
     5  after  occur  in  an  office  or  position under the jurisdiction of the
     6  school district similar to the  one  such  teacher,  teaching  assistant
     7  [and],  teacher aide, and other specified personnel filled in such board
     8  of cooperative educational services. The teachers,  teaching  assistants
     9  [and],  teacher  aides,  and other specified personnel on such preferred
    10  list shall be reinstated or appointed to such vacancies in  such  corre-
    11  sponding  or  similar  positions  under  the  jurisdiction of the school

    12  district in the order of their length of service in such board of  coop-
    13  erative  educational  services,  within seven years from the date of the
    14  abolition of such office or position.
    15    3. For any such teacher, teaching assistant [and], teacher  aide,  and
    16  other  specified  personnel  as  set  forth  in  subdivision one of this
    17  section for salary, sick leave and any other  purposes,  the  length  of
    18  service credited in such board of cooperative educational services shall
    19  be credited as employment time with such school district.
    20    4. In the event that more than one school district duly takes over the
    21  operation  of  a  program  formerly  provided  by a board of cooperative
    22  educational services,  then  each  teacher,  teaching  assistant  [and],

    23  teacher  aide, and other specified personnel employed in such program by
    24  such board of cooperative educational services at the time of such take-
    25  over by more than one  school  district,  shall  select  the  particular
    26  school district in which he or she shall be considered an employee, with
    27  all  of  the  rights  and privileges provided by the other provisions of
    28  this section. Such selection of the particular school district  by  such
    29  teacher,  teaching  assistant  [and],  teacher aide, and other specified
    30  personnel is to be based upon the seniority of  each  teacher,  teaching
    31  assistant  [and],  teacher  aide,  and other specified personnel in such
    32  board of cooperative educational services, with the right  of  selection

    33  passing  from  such  teachers, teaching assistants [and], teacher aides,
    34  and other specified personnel with the most seniority to such  teachers,
    35  teaching  assistants [and], teacher aides, and other specified personnel
    36  with least seniority.   Any  such  teacher,  teaching  assistant  [and],
    37  teacher  aide,  and  other specified personnel who is unable to obtain a
    38  teaching position in any such school districts  because  the  number  of
    39  positions  needed to provide the services required in such programs with
    40  such school districts are less than the  number  of  teachers,  teaching
    41  assistants [and], teachers aides, and other specified personnel eligible
    42  to  be considered employees of such school districts, shall be placed on

    43  a preferred eligible list in all such school districts in the method and
    44  with all of the rights provided by the other provisions of this section.
    45    5. This section shall in no way be construed to limit  the  rights  of
    46  any  of  such  employees  set forth in this section granted by any other
    47  provision of law.
    48    6. For the purposes of this section, "other specified personnel" shall
    49  mean any person certified to the state civil service commission  by  the
    50  commissioner  pursuant  to subdivision (g) of section thirty-five of the
    51  civil service law  providing  instructional,  ancillary,  or  supportive
    52  educational services and any licensed health professional who is princi-
    53  pally engaged in providing health services.
    54    § 3. This act shall take effect September 1, 2010.