Bill Text: NY A07642 | 2011-2012 | General Assembly | Introduced
Bill Title: Relates to annual professional performance reviews of classroom teachers and building principals.
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2011-07-11 - enacting clause stricken [A07642 Detail]
Download: New_York-2011-A07642-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
7642
2011-2012 Regular Sessions
I N A S S E M B L Y
May 12, 2011
___________
Introduced by M. of A. BING, HOYT, BOYLAND, PEOPLES-STOKES, J. MILLER,
FITZPATRICK, KATZ -- Multi-Sponsored by -- M. of A. CALHOUN -- read
once and referred to the Committee on Education
AN ACT to amend the education law, in relation to annual professional
performance reviews of classroom teachers and building principals and
in relation to retaining quality teachers and teachers in shortage
subject areas when teaching positions 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. Subdivisions 2, 3, 7 and 8 of section 3012-c of the educa-
2 tion law, as added by chapter 103 of the laws of 2010, are amended to
3 read as follows:
4 2. a. The annual professional performance reviews conducted pursuant
5 to this section for classroom teachers and building principals shall
6 differentiate teacher and principal effectiveness using the following
7 quality rating categories: highly effective, effective, developing and
8 ineffective, with explicit minimum and maximum scoring ranges for each
9 category, as prescribed in the regulations of the commissioner. Such
10 annual professional performance reviews shall result in a single compos-
11 ite teacher or principal effectiveness score, which incorporates multi-
12 ple measures of effectiveness related to the criteria included in the
13 regulations of the commissioner. Except for the student growth measures
14 prescribed in paragraphs e, f and g of this subdivision, the elements
15 comprising the composite effectiveness score shall be locally developed,
16 consistent with the standards prescribed in the regulations of the
17 commissioner, through negotiations conducted, pursuant to the require-
18 ments of article fourteen of the civil service law.
19 b. Annual professional performance reviews conducted by school
20 districts on or after July first, two thousand eleven of classroom
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11441-02-1
A. 7642 2
1 teachers of common branch subjects or English language arts or mathemat-
2 ics in grades four to eight and all building principals of schools in
3 which such teachers are employed shall be conducted pursuant to this
4 subdivision and shall use two thousand ten--two thousand eleven school
5 year student data as the baseline for the initial computation of the
6 composite teacher or principal effectiveness score for such classroom
7 teachers and principals.
8 c. Annual professional performance reviews conducted by school
9 districts or boards of cooperative educational services on or after July
10 first, two thousand [twelve] ELEVEN of all classroom teachers and all
11 building principals shall be conducted pursuant to this subdivision and
12 shall use two thousand [eleven] TEN--two thousand [twelve] ELEVEN school
13 year student data as the baseline for the initial computation of the
14 composite teacher or principal effectiveness score for such classroom
15 teachers and principals. For purposes of this section, an administrator
16 in charge of an instructional program of a board of cooperative educa-
17 tional services shall be deemed to be a building principal.
18 d. Prior to any evaluation being conducted in accordance with this
19 section, each individual who is responsible for conducting an evaluation
20 of a teacher or building principal shall receive appropriate training in
21 accordance with the regulations of the commissioner of education.
22 e. For annual professional performance reviews conducted in accordance
23 with paragraph b of this subdivision in the two thousand eleven--two
24 thousand twelve school year, forty percent of the composite score of
25 effectiveness shall be based on student achievement measures as follows:
26 (i) twenty percent of the evaluation shall be based upon student growth
27 data on state assessments as prescribed by the commissioner or a compa-
28 rable measure of student growth if such growth data is not available;
29 and (ii) twenty percent shall be based on other locally selected meas-
30 ures of student achievement that are determined to be rigorous and
31 comparable across classrooms in accordance with the regulations of the
32 commissioner and as are developed locally in a manner consistent with
33 procedures negotiated pursuant to the requirements of article fourteen
34 of the civil service law.
35 f. For annual professional performance reviews conducted in accordance
36 with paragraph c of this subdivision in any school year prior to the
37 first school year for which the board of regents has approved use of a
38 value-added growth model, but not earlier than the two thousand [twelve]
39 ELEVEN--two thousand [thirteen] TWELVE school year, forty percent of the
40 composite score of effectiveness shall be based on student achievement
41 measures as follows: (i) twenty percent of the evaluation shall be based
42 upon student growth data on state assessments as prescribed by the
43 commissioner or a comparable measure of student growth if such growth
44 data is not available; and (ii) twenty percent shall be based on other
45 locally selected measures of student achievement that are determined to
46 be rigorous and comparable across classrooms in accordance with the
47 regulations of the commissioner and as are developed locally in a manner
48 consistent with procedures negotiated pursuant to the requirements of
49 article fourteen of the civil service law.
50 g. For annual professional performance reviews conducted in accordance
51 with paragraph c of this subdivision in the first school year for which
52 the board of regents has approved use of a value-added growth model and
53 thereafter, forty percent of the composite score of effectiveness shall
54 be based on student achievement measures as follows: (i) twenty-five
55 percent of the evaluation shall be based upon student growth data on
56 state assessments as prescribed by the commissioner or a comparable
A. 7642 3
1 measure of student growth if such growth data is not available; and (ii)
2 fifteen percent shall be based on other locally selected measures of
3 student achievement that are determined to be rigorous and comparable
4 across classrooms in accordance with the regulations of the commissioner
5 and as are locally developed in a manner consistent with procedures
6 negotiated pursuant to the requirements of article fourteen of the civil
7 service law. The department shall develop the value-added growth model
8 and shall consult with the advisory committee established pursuant to
9 subdivision seven of this section prior to recommending that the board
10 of regents approve its use in evaluations.
11 h. The remaining percent of the evaluations, ratings and effectiveness
12 scores shall be locally developed, consistent with the standards
13 prescribed in the regulations of the commissioner, through negotiations
14 conducted pursuant to article fourteen of the civil service law.
15 i. For purposes of this section, student growth means the change in
16 student achievement for an individual student between two or more points
17 in time.
18 3. Nothing in this section shall be construed to excuse school
19 districts or boards of cooperative educational services from complying
20 with the standards set forth in the regulations of the commissioner for
21 conducting annual professional performance reviews of classroom teachers
22 or principals, including but not limited to required quality rating
23 categories, in conducting evaluations prior to July first, two thousand
24 eleven, [or] AND, for classroom teachers or principals subject to para-
25 graph c of subdivision two of this section, prior to July first, two
26 thousand [twelve] ELEVEN.
27 7. The regulations adopted pursuant to this section shall be developed
28 in consultation with an advisory committee consisting of representatives
29 of teachers, principals, superintendents of schools, school boards,
30 school district and board of cooperative educational services officials
31 and other interested parties. The regulations shall also take into
32 account any (i) professional teaching standards; (ii) standards for
33 professional contexts; and (iii) standards for a continuum of system
34 support for teachers and principals developed in consultation with the
35 advisory committee. Regulations promulgated pursuant to this section
36 shall be effective no later than [July] JUNE first, two thousand eleven,
37 for implementation in the two thousand eleven--two thousand twelve
38 school year.
39 8. Notwithstanding any other provision of law, rule or regulation to
40 the contrary, all collective bargaining agreements applicable to class-
41 room teachers or building principals entered into after July first, two
42 thousand ten shall be consistent with requirements of this section.
43 Nothing in this section shall be construed to abrogate any conflicting
44 provisions of any collective bargaining agreement in effect on July
45 first, two thousand ten during the term of such agreement and until the
46 entry into a successor collective bargaining agreement, provided that
47 notwithstanding any other provision of law to the contrary, upon expira-
48 tion of such term and the entry into a successor collective bargaining
49 agreement the provisions of this section shall apply. Furthermore,
50 nothing in this section or in any rule or regulation promulgated here-
51 under shall in any way, alter, impair or diminish the rights of a local
52 collective bargaining representative to negotiate evaluation procedures
53 in accordance with article fourteen of the civil service law with the
54 school district or board of cooperative educational services; PROVIDED
55 HOWEVER SHOULD A SCHOOL DISTRICT OR BOARD OF COOPERATIVE EDUCATIONAL
56 SERVICES AND A LOCAL COLLECTIVE BARGAINING REPRESENTATIVE FAIL TO AGREE
A. 7642 4
1 TO NEW EVALUATION PROCEDURES NO LATER THAN ONE HUNDRED EIGHTY DAYS PRIOR
2 TO THE START OF THE TWO THOUSAND ELEVEN--TWO THOUSAND TWELVE SCHOOL YEAR
3 AND SUBSEQUENT SCHOOL YEARS, THE MATTER SHALL BE REFERRED TO THE PUBLIC
4 EMPLOYMENT RELATIONS BOARD FOR ARBITRATION. WITHIN TWO DAYS OF RECEIPT
5 OF NOTIFICATION FROM THE SCHOOL DISTRICT OR BOARD OF COOPERATIVE EDUCA-
6 TIONAL SERVICES OR THE LOCAL COLLECTIVE BARGAINING REPRESENTATIVE, THE
7 BOARD SHALL SUBMIT TO THE PARTIES A LIST OF QUALIFIED, DISINTERESTED
8 PERSONS FOR THE SELECTION OF A SINGLE ARBITRATOR. EACH PARTY SHALL
9 ALTERNATELY STRIKE FROM THE LIST ONE OF THE NAMES WITH THE ORDER OF
10 STRIKING DETERMINED BY LOT, UNTIL THE REMAINING ONE PERSON SHALL BE
11 DESIGNATED TO HEAR THE MATTER. THIS PROCESS SHALL BE COMPLETED WITHIN
12 ONE DAY OF RECEIPT OF THIS LIST. THE PARTIES SHALL NOTIFY THE BOARD OF
13 THE DESIGNATED ARBITRATOR. THE ARBITRATION SHALL BE COMMENCED NO LATER
14 THAN SEVEN DAYS AND COMPLETED NO LATER THAN THIRTY DAYS FROM THE DATE OF
15 THE NOTIFICATION OF THE BOARD PROVIDED THAT NOTWITHSTANDING ANY OTHER
16 PROVISION OF LAW, RULE OR REGULATION TO THE CONTRARY, NO ADJOURNMENTS
17 MAY BE GRANTED THAT WOULD EXTEND THE ARBITRATION BEYOND SUCH THIRTY
18 DAYS. THE ARBITRATOR SHALL ISSUE A DECISION TO THE PARTIES WITHIN TEN
19 DAYS UPON COMPLETION OF THE HEARING. SAID DECISION SHALL BE FINAL AND
20 BINDING ON THE RESPECTIVE PARTIES FOR THE TWO THOUSAND ELEVEN--TWO THOU-
21 SAND TWELVE SCHOOL YEAR AND SUBSEQUENT SCHOOL YEARS AND NOT SUBJECT TO
22 JUDICIAL REVIEW PURSUANT TO ARTICLE SEVENTY-FIVE OF THE CIVIL PRACTICE
23 LAW AND RULES OR ANY OTHER LAW, RULE OR REGULATION. THE RESPECTIVE
24 PARTIES SHALL EQUALLY SHARE THE COST OF THE ARBITRATOR. SHOULD THE
25 SCHOOL DISTRICT OR BOARD OF COOPERATIVE EDUCATIONAL SERVICES AND A LOCAL
26 COLLECTIVE BARGAINING REPRESENTATIVE FAIL TO AGREE TO NEW EVALUATION
27 PROCEDURES PURSUANT TO ARTICLE FOURTEEN OF THE CIVIL SERVICE LAW NO
28 LATER THAN ONE HUNDRED EIGHTY DAYS PRIOR TO THE START OF EACH SUCCESSIVE
29 SCHOOL YEAR, THE PUBLIC ARBITRATION PROCESS SET FORTH IN THIS SECTION
30 SHALL APPLY FOR EACH SUCCESSIVE SCHOOL YEAR FOR WHICH THERE IS NO AGREED
31 TO EVALUATION PROCESS.
32 S 2. The section heading of section 2588 of the education law, as
33 added by chapter 521 of the laws of 1976, is amended to read as follows:
34 Seniority, retention and displacement rights in connection with aboli-
35 tion of positions in city school districts of cities having [more than]
36 one million inhabitants OR MORE.
37 S 3. Subdivision 3 of section 2588 of the education law is REPEALED
38 and a new subdivision 3 is added to read as follows:
39 3. (A) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, RULE OR REGULATION
40 TO THE CONTRARY, THE CITY SCHOOL DISTRICT AND ITS EMPLOYEES' COLLECTIVE
41 BARGAINING AGENTS SHALL ESTABLISH A PROCEDURE GOVERNING THE ABOLISHMENT
42 OR REDUCTION OF TEACHING OR SUPERVISORY POSITIONS CITYWIDE PURSUANT TO
43 THE REQUIREMENTS OF ARTICLE FOURTEEN OF THE CIVIL SERVICE LAW. ANY SUCH
44 LOCALLY ESTABLISHED PROCESS SHALL NOT PERMIT AN EMPLOYEE'S LENGTH OF
45 SERVICE TO BE THE SOLE FACTOR IN ANY DECISION REGARDING WHICH POSITIONS
46 ARE TO BE ABOLISHED AND WHICH PERSONS OCCUPYING SUCH POSITIONS SHALL BE
47 LAID OFF; PROVIDED, HOWEVER, THAT ANY CONSIDERATION OF AN EMPLOYEE'S
48 LENGTH OF FAITHFUL AND COMPETENT SERVICE AS A FACTOR FOR THE ABOLISHMENT
49 OF POSITIONS OR PERSONS TO BE LAID OFF OCCUPYING SUCH POSITIONS MAY ONLY
50 BE CONSIDERED IN A MANNER BENEFICIAL TO AN EMPLOYEE AND THAT ANY SUCH
51 LOCALLY ESTABLISHED PROCESS SHALL NOT PERMIT AN EMPLOYEE'S SALARY TO BE
52 A FACTOR IN ANY DECISION REGARDING WHICH POSITIONS ARE TO BE ABOLISHED
53 AND WHICH PERSONS OCCUPYING SUCH POSITIONS SHALL BE LAID OFF; AND
54 PROVIDED FURTHER THAT ANY SUCH LOCALLY ESTABLISHED PROCESS MUST ENSURE
55 THAT HIGH QUALITY TEACHERS IN HIGH-NEED SCHOOLS ARE NOT LAID OFF AND
56 THAT HIGH-NEED SCHOOLS DO NOT BEAR A DISPROPORTIONATE SHARE OF WORKFORCE
A. 7642 5
1 REDUCTIONS PURSUANT TO A CITYWIDE LAYOFF; PROVIDED HOWEVER, NOTHING
2 SHALL PROHIBIT THE CITY SCHOOL DISTRICT FROM ABOLISHING ALL POSITIONS IN
3 A LICENSE AREA PURSUANT TO SUBPARAGRAPH (IV) OF THIS PARAGRAPH. FOR
4 PURPOSES OF THIS SECTION, A HIGH-NEED SCHOOL SHALL BE DEFINED AS A
5 SCHOOL IN WHICH AT LEAST NINETY PERCENT OF THE ENROLLED STUDENTS ARE
6 ELIGIBLE APPLICANTS FOR THE FREE AND REDUCED PRICE LUNCH PROGRAM. FOR
7 POSITIONS COVERED BY SECTION THREE THOUSAND TWELVE-C OF THIS CHAPTER,
8 ANY SUCH LOCALLY DEVELOPED PROCESS SHALL BE SIGNIFICANTLY BASED ON THE
9 ANNUAL PROFESSIONAL PERFORMANCE REVIEW FOR TEACHERS AND SUPERVISORS
10 PURSUANT TO SECTION THREE THOUSAND TWELVE-C OF THIS CHAPTER AND ITS
11 IMPLEMENTING REGULATIONS. UNTIL AND UNLESS SUCH A PROCESS HAS BEEN
12 ESTABLISHED AT LEAST NINETY DAYS BEFORE THE EFFECTIVE DATE OF ANY SUCH
13 ABOLISHMENT OR REDUCTION OF TEACHING OR SUPERVISORY POSITIONS CITYWIDE
14 FOR THE TWO THOUSAND ELEVEN--TWO THOUSAND TWELVE SCHOOL YEAR, THE
15 FOLLOWING SHALL APPLY:
16 (I) THE FOLLOWING TEACHERS OR SUPERVISORS SHALL BE LAID OFF PRIOR TO
17 ANY OTHER TEACHERS OR SUPERVISORS:
18 (A) ANY TEACHER OR SUPERVISOR WHO RECEIVED TWO RATINGS OF "UNSATISFAC-
19 TORY" ON HIS OR HER ANNUAL PROFESSIONAL PERFORMANCE REVIEW IN THE LAST
20 FIVE SCHOOL YEARS;
21 (B) ANY TEACHER OR SUPERVISOR WHO RECEIVED ONE RATING OF "UNSATISFAC-
22 TORY" ON HIS OR HER ANNUAL PROFESSIONAL PERFORMANCE REVIEW IN THE TWO
23 THOUSAND NINE--TWO THOUSAND TEN OR TWO THOUSAND TEN--TWO THOUSAND ELEVEN
24 SCHOOL YEAR;
25 (C) ANY TEACHER OR SUPERVISOR, IF THE PERSON IS A TENURED EMPLOYEE,
26 WHO WITHIN THE LAST FIVE YEARS HAS BEEN FINED OR SUSPENDED WITHOUT PAY
27 AS A PENALTY IMPOSED PURSUANT TO SECTION THREE THOUSAND TWENTY-A OF THIS
28 CHAPTER OR AS A RESULT OF A SETTLEMENT OF CHARGES BROUGHT PURSUANT TO
29 SECTION THREE THOUSAND TWENTY-A OF THIS CHAPTER;
30 (D) ANY TEACHER OR SUPERVISOR NOT CURRENTLY APPOINTED TO A REGULAR
31 POSITION IN A SCHOOL FOR A PERIOD OF SIX MONTHS OR MORE AS OF THE EFFEC-
32 TIVE DATE OF ANY CITYWIDE LAYOFF PURSUANT TO THIS SECTION;
33 (E) ANY TEACHER OR SUPERVISOR CONVICTED OF A QUALIFYING CRIMINAL
34 OFFENSE IN THE PAST FIVE YEARS AND SINCE BEING APPOINTED AS A TEACHER OR
35 SUPERVISOR. "QUALIFYING CRIMINAL OFFENSE" SHALL MEAN:
36 (1) ANY FELONY, ANY CLASS A MISDEMEANOR, OR ANY CLASS B MISDEMEANOR
37 UNDER ARTICLE ONE HUNDRED TWENTY, ONE HUNDRED THIRTY, ONE HUNDRED THIR-
38 TY-FIVE, ONE HUNDRED FORTY, ONE HUNDRED FIFTY-FIVE, TWO HUNDRED TWENTY,
39 TWO HUNDRED THIRTY, TWO HUNDRED FORTY-FIVE, TWO HUNDRED SIXTY, TWO
40 HUNDRED SIXTY-THREE OR TWO HUNDRED SIXTY-FIVE OF THE PENAL LAW, OR A
41 FELONY OR MISDEMEANOR UNDER SECTIONS ELEVEN HUNDRED NINETY-TWO AND ELEV-
42 EN HUNDRED NINETY-THREE OF THE VEHICLE AND TRAFFIC LAW, OR
43 (2) ANY OFFENSE IN ANY OTHER JURISDICTION FOR WHICH A SENTENCE TO A
44 TERM OF IMPRISONMENT OF ONE YEAR OR OF MORE THAN ONE YEAR WAS AUTHORIZED
45 AND IS AUTHORIZED IN THIS STATE IRRESPECTIVE OF WHETHER SUCH SENTENCE
46 WAS IMPOSED, OR
47 (3) ANY OFFENSE IN ANY OTHER JURISDICTION THE COMMISSION OF WHICH
48 CONSTITUTES THE SUBSTANTIAL EQUIVALENT OF ANY OFFENSE UNDER ARTICLE ONE
49 HUNDRED TWENTY, ONE HUNDRED THIRTY, ONE HUNDRED THIRTY-FIVE, ONE HUNDRED
50 FORTY, ONE HUNDRED FIFTY-FIVE, TWO HUNDRED TWENTY, TWO HUNDRED THIRTY,
51 TWO HUNDRED FORTY-FIVE, TWO HUNDRED SIXTY, TWO HUNDRED SIXTY-THREE OR
52 TWO HUNDRED SIXTY-FIVE OF THE PENAL LAW OR A FELONY OR MISDEMEANOR UNDER
53 SECTIONS ELEVEN HUNDRED NINETY-TWO AND ELEVEN HUNDRED NINETY-THREE OF
54 THE VEHICLE AND TRAFFIC LAW;
55 (F) ANY TEACHER OR SUPERVISOR, IF THE PERSON IS A TENURED EMPLOYEE,
56 WHO WITHIN THE LAST FIVE YEARS HAS BEEN FINED AS A PENALTY IMPOSED
A. 7642 6
1 PURSUANT TO CHARGES RELATED TO CHRONIC ABSENTEEISM, CHRONIC LATENESS, OR
2 IMPROPER USE OR RECORDING OF LEAVE TIME OR AS A RESULT OF SETTLEMENT OF
3 CHARGES BROUGHT PURSUANT TO CHARGES RELATED TO CHRONIC ABSENTEEISM,
4 CHRONIC LATENESS OR IMPROPER USE OR RECORDING OF LEAVE TIME;
5 (G) ANY TEACHER OR SUPERVISOR WHO WITHIN THE LAST FIVE YEARS WAS THE
6 SUBJECT OF AN INVESTIGATION WHERE ALLEGATIONS OF MISCONDUCT WERE
7 SUBSTANTIATED BY THE CITY SCHOOL DISTRICT'S SPECIAL COMMISSIONER OF
8 INVESTIGATION, THE CITY SCHOOL DISTRICT'S OFFICE OF SPECIAL INVESTI-
9 GATIONS OR THE CITY SCHOOL DISTRICT'S OFFICE OF EQUAL OPPORTUNITY; AND
10 (H) ANY TEACHER OR SUPERVISOR WHO HAS FAILED TO FULFILL ALL REQUIRE-
11 MENTS FOR CERTIFICATION FROM THE DEPARTMENT AS OF AUGUST THIRTY-FIRST OF
12 THE YEAR IN WHICH THERE IS A CITYWIDE LAYOFF;
13 (II) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, RULE OR REGULATION TO
14 THE CONTRARY, IN THE CASE THAT THE NUMBER OF TEACHING OR SUPERVISORY
15 POSITIONS THAT ARE ABOLISHED, OR THE NUMBER OF TEACHING OR SUPERVISORY
16 EMPLOYEES THAT ARE LAID OFF PURSUANT TO SUBPARAGRAPH (I) OF THIS PARA-
17 GRAPH IS GREATER THAN THE NUMBER OF SUCH POSITIONS THAT MUST BE ABOL-
18 ISHED OR REDUCED AS A RESULT OF A CITYWIDE LAYOFF, THEN THE DECISION
19 CONCERNING WHICH POSITIONS ARE TO BE ABOLISHED, AND WHICH PERSONS OCCU-
20 PYING SUCH POSITIONS ARE TO BE LAID OFF, SHALL BE MADE IN ACCORDANCE
21 WITH THIS SUBPARAGRAPH.
22 THE FOLLOWING PROTOCOL SHALL BE USED UNTIL SUCH TIME THAT THE TOTAL
23 NUMBER OF EMPLOYEES IDENTIFIED IS EQUAL TO THE TOTAL NUMBER OF TEACHING
24 OR SUPERVISORY POSITIONS ABOLISHED. FOR PURPOSES OF THE PROTOCOL, THE
25 CATEGORIES LISTED AS CLAUSES (A), (B), (C), (D), (E), (F), (G), AND (H)
26 OF SUBPARAGRAPH (I) OF THIS PARAGRAPH SHALL BE RANKED ALPHABETICALLY (A)
27 THROUGH (H), PROVIDED THAT (A) SHALL BE RANKED THE HIGHEST PRIORITY AND
28 (H) SHALL BE RANKED THE LOWEST PRIORITY. THE PROTOCOL SHALL BE ESTAB-
29 LISHED AS FOLLOWS:
30 (A) TEACHERS OR SUPERVISORS WHO FALL WITHIN ALL EIGHT OF THE CATEGO-
31 RIES LISTED AS CLAUSES (A), (B), (C), (D), (E), (F), (G) AND (H) OF
32 SUBPARAGRAPH (I) OF THIS PARAGRAPH, IN ORDER OF THE COMBINED RANK PRIOR-
33 ITY OF THOSE EIGHT CATEGORIES;
34 (B) TEACHERS OR SUPERVISORS WHO FALL WITHIN SEVEN OF THE CATEGORIES
35 LISTED AS CLAUSES (A), (B), (C), (D), (E), (F), (G) AND (H) OF SUBPARA-
36 GRAPH (I) OF THIS PARAGRAPH, IN ORDER OF THE COMBINED RANK PRIORITY OF
37 THOSE SEVEN CATEGORIES;
38 (C) TEACHERS OR SUPERVISORS WHO FALL WITHIN SIX OF THE CATEGORIES
39 LISTED AS CLAUSES (A), (B), (C), (D), (E), (F), (G) AND (H) OF SUBPARA-
40 GRAPH (I) OF THIS PARAGRAPH, IN ORDER OF THE COMBINED RANK PRIORITY OF
41 THOSE SIX CATEGORIES;
42 (D) TEACHERS OR SUPERVISORS WHO FALL WITHIN FIVE OF THE CATEGORIES
43 LISTED AS CLAUSES (A), (B), (C), (D), (E), (F), (G) AND (H) OF SUBPARA-
44 GRAPH (I) OF THIS PARAGRAPH, IN ORDER OF THE COMBINED RANK PRIORITY OF
45 THOSE FIVE CATEGORIES;
46 (E) TEACHERS OR SUPERVISORS WHO FALL WITHIN FOUR OF THE CATEGORIES
47 LISTED AS CLAUSES (A), (B), (C), (D), (E), (F), (G) AND (H) OF SUBPARA-
48 GRAPH (I) OF THIS PARAGRAPH, IN ORDER OF THE COMBINED RANK PRIORITY OF
49 THOSE FOUR CATEGORIES;
50 (F) TEACHERS OR SUPERVISORS WHO FALL WITHIN THREE OF THE CATEGORIES
51 LISTED AS CLAUSES (A), (B), (C), (D), (E), (F), (G) AND (H) OF SUBPARA-
52 GRAPH (I) OF THIS PARAGRAPH, IN ORDER OF THE COMBINED RANK PRIORITY OF
53 THOSE THREE CATEGORIES;
54 (G) TEACHERS OR SUPERVISORS WHO FALL WITHIN TWO OF THE CATEGORIES
55 LISTED AS CLAUSES (A), (B), (C), (D), (E), (F), (G) AND (H) OF SUBPARA-
A. 7642 7
1 GRAPH (I) OF THIS PARAGRAPH, IN ORDER OF THE COMBINED RANK PRIORITY OF
2 THOSE TWO CATEGORIES;
3 (H) TEACHERS OR SUPERVISORS WHO RECEIVED TWO RATINGS OF "UNSATISFAC-
4 TORY" IN ANY OF THE LAST FIVE SCHOOL YEARS ON THEIR ANNUAL PROFESSIONAL
5 PERFORMANCE REVIEW; PROVIDED, HOWEVER THAT IF FEWER LAYOFFS ARE REQUIRED
6 THAN THERE ARE PERSONS IN THIS CATEGORY, LAYOFFS SHALL BE DONE IN THE
7 FOLLOWING ORDER:
8 (1) A TEACHER OR SUPERVISOR WITH THE HIGHEST NUMBER OF UNSATISFACTORY
9 RATINGS IN THE LAST FIVE YEARS; AND
10 (2) A TEACHER OR SUPERVISOR WITH AN UNSATISFACTORY RATING RECEIVED IN
11 THE MOST RECENT YEAR OR YEARS;
12 (I) A TEACHER OR SUPERVISOR WHO RECEIVED AN UNSATISFACTORY RATING IN
13 EITHER THE TWO THOUSAND NINE--TWO THOUSAND TEN OR TWO THOUSAND TEN--TWO
14 THOUSAND ELEVEN SCHOOL YEAR, HOWEVER THAT IF FEWER LAYOFFS ARE REQUIRED
15 THAN THERE ARE PERSONS IN THIS CATEGORY, LAYOFFS SHALL BE DONE IN THE
16 FOLLOWING ORDER:
17 (1) A TEACHER OR SUPERVISOR WITH UNSATISFACTORY RATINGS IN BOTH TWO
18 THOUSAND NINE--TWO THOUSAND TEN AND TWO THOUSAND TEN--TWO THOUSAND ELEV-
19 EN; AND
20 (2) A TEACHER OR SUPERVISOR WITH AN UNSATISFACTORY RATING RECEIVED IN
21 THE TWO THOUSAND TEN--TWO THOUSAND ELEVEN SCHOOL YEAR;
22 (J) ANY TEACHER OR SUPERVISOR, IF THE PERSON IS A TENURED EMPLOYEE,
23 WHO WITHIN THE LAST FIVE YEARS HAS BEEN FINED OR SUSPENDED WITHOUT PAY
24 AS A PENALTY IMPOSED PURSUANT TO SECTION THREE THOUSAND TWENTY-A OF THIS
25 CHAPTER OR AS A RESULT OF A SETTLEMENT OF CHARGES BROUGHT PURSUANT TO
26 SECTION THREE THOUSAND TWENTY-A OF THIS CHAPTER; PROVIDED, HOWEVER THAT
27 IF FEWER LAYOFFS ARE REQUIRED THAN THERE ARE PERSONS IN THIS CATEGORY
28 PERSONS SHALL BE LAID OFF IN ORDER OF THE MOST RECENT DISPOSITION;
29 (K) ANY TEACHER OR SUPERVISOR WITH A CURRENT STATUS AS A TEACHER OR
30 SUPERVISOR NOT APPOINTED TO A PERMANENT POSITION IN A SCHOOL FOR A PERI-
31 OD OF SIX MONTHS OR MORE AS OF THE EFFECTIVE DATE OF ANY CITYWIDE LAYOFF
32 PURSUANT TO THIS SECTION; PROVIDED, HOWEVER THAT IF FEWER LAYOFFS ARE
33 REQUIRED THAN THERE ARE PERSONS IN THIS CATEGORY, LAYOFFS SHALL BE DONE
34 IN ORDER OF PERSONS WHO HAVE BEEN WITHOUT AN APPOINTED POSITION TO A
35 SCHOOL THE LONGEST PERIOD OF TIME;
36 (L) ANY TEACHER OR SUPERVISOR CONVICTED OF A QUALIFYING CRIMINAL
37 OFFENSE IN THE PAST FIVE YEARS AND SINCE BEING APPOINTED AS A TEACHER OR
38 SUPERVISOR. "QUALIFYING CRIMINAL OFFENSE" SHALL MEAN:
39 (1) ANY FELONY, ANY CLASS A MISDEMEANOR, OR ANY CLASS B MISDEMEANOR
40 UNDER ARTICLE ONE HUNDRED TWENTY, ONE HUNDRED THIRTY, ONE HUNDRED THIR-
41 TY-FIVE, ONE HUNDRED FORTY, ONE HUNDRED FIFTY-FIVE, TWO HUNDRED TWENTY,
42 TWO HUNDRED THIRTY, TWO HUNDRED FORTY-FIVE, TWO HUNDRED SIXTY, TWO
43 HUNDRED SIXTY-THREE OR TWO HUNDRED SIXTY-FIVE OF THE PENAL LAW OR A
44 FELONY OR MISDEMEANOR UNDER SECTIONS ELEVEN HUNDRED NINETY-TWO AND ELEV-
45 EN HUNDRED NINETY-THREE OF THE VEHICLE AND TRAFFIC LAW, OR
46 (2) ANY OFFENSE IN ANY OTHER JURISDICTION FOR WHICH A SENTENCE TO A
47 TERM OF IMPRISONMENT OF ONE YEAR OR OF MORE THAN ONE YEAR WAS AUTHORIZED
48 AND IS AUTHORIZED IN THIS STATE IRRESPECTIVE OF WHETHER SUCH SENTENCE
49 WAS IMPOSED, OR
50 (3) ANY OFFENSE IN ANY OTHER JURISDICTION THE COMMISSION OF WHICH
51 CONSTITUTES THE SUBSTANTIAL EQUIVALENT OF ANY OFFENSE UNDER ARTICLE ONE
52 HUNDRED TWENTY, ONE HUNDRED THIRTY, ONE HUNDRED THIRTY-FIVE, ONE HUNDRED
53 FORTY, ONE HUNDRED FIFTY-FIVE, TWO HUNDRED TWENTY, TWO HUNDRED THIRTY,
54 TWO HUNDRED FORTY-FIVE, TWO HUNDRED SIXTY, TWO HUNDRED SIXTY-THREE OR
55 TWO HUNDRED SIXTY-FIVE OF THE PENAL LAW OR A FELONY OR MISDEMEANOR UNDER
56 SECTIONS ELEVEN HUNDRED NINETY-TWO AND ELEVEN HUNDRED NINETY-THREE OF
A. 7642 8
1 THE VEHICLE AND TRAFFIC LAW; PROVIDED, HOWEVER THAT IF FEWER LAYOFFS ARE
2 REQUIRED THAN THERE ARE PERSONS IN THIS CATEGORY, LAYOFFS SHALL BE DONE
3 IN THE FOLLOWING ORDER:
4 I. A TEACHER OR SUPERVISOR CONVICTED OF A FELONY IN THE LAST FIVE
5 YEARS AND SINCE BEING APPOINTED AS A TEACHER OR SUPERVISOR, WITH LAYOFFS
6 DONE BASED UPON THE CHRONOLOGICAL ORDER OF THE DATE OF CONVICTION,
7 BEGINNING WITH THE MOST RECENT; AND
8 II. A TEACHER OR SUPERVISOR CONVICTED OF A CLASS A MISDEMEANOR IN THE
9 LAST FIVE YEARS AND SINCE BEING APPOINTED AS A TEACHER OR SUPERVISOR,
10 WITH LAYOFFS DONE BASED UPON THE CHRONOLOGICAL ORDER OF THE DATE OF
11 CONVICTION, BEGINNING WITH THE MOST RECENT; AND
12 III. A TEACHER OR SUPERVISOR CONVICTED IN THE LAST FIVE YEARS AND
13 SINCE BEING APPOINTED AS A TEACHER OR SUPERVISOR OF A CLASS B MISDEMEA-
14 NOR UNDER ARTICLE ONE HUNDRED TWENTY, ONE HUNDRED THIRTY, ONE HUNDRED
15 THIRTY-FIVE, ONE HUNDRED FORTY, ONE HUNDRED FIFTY-FIVE, TWO HUNDRED
16 TWENTY, TWO HUNDRED THIRTY, TWO HUNDRED FORTY-FIVE, TWO HUNDRED SIXTY,
17 TWO HUNDRED SIXTY-THREE OR TWO HUNDRED SIXTY-FIVE OF THE PENAL LAW OR A
18 MISDEMEANOR UNDER SECTIONS ELEVEN HUNDRED NINETY-TWO AND ELEVEN HUNDRED
19 NINETY-THREE OF THE VEHICLE AND TRAFFIC LAW, WITH LAYOFFS DONE BASED
20 UPON THE CHRONOLOGICAL ORDER OF THE DATE OF CONVICTION, BEGINNING WITH
21 THE MOST RECENT;
22 (M) ANY TEACHER OR SUPERVISOR WHO HAS RECEIVED A FINE AS A PENALTY OR
23 AS PART OF A STIPULATION IN SETTLEMENT OF CHARGES OF CHRONIC ABSENTEEISM
24 OR LATENESS, OR IMPROPER USE OR RECORDING OF LEAVE TIME; PROVIDED,
25 HOWEVER THAT IF FEWER LAYOFFS ARE REQUIRED THAN THERE ARE PEOPLE IN THIS
26 CATEGORY, LAYOFFS SHALL BE DONE IN ORDER OF THE MOST RECENT DISPOSITION;
27 (N) ANY TEACHER OR SUPERVISOR WHO WITHIN THE LAST FIVE YEARS WAS THE
28 SUBJECT OF AN INVESTIGATION WHERE ALLEGATIONS OF MISCONDUCT WERE
29 SUBSTANTIATED BY THE CITY SCHOOL DISTRICT'S SPECIAL COMMISSIONER OF
30 INVESTIGATION, THE CITY SCHOOL DISTRICT'S OFFICE OF SPECIAL INVESTI-
31 GATIONS OR THE CITY SCHOOL DISTRICT'S OFFICE OF EQUAL OPPORTUNITY,
32 PROVIDED HOWEVER IF THERE ARE FEWER LAYOFFS THAN THERE ARE PERSONS IN
33 THIS CATEGORY, LAYOFFS SHALL BE DONE IN ORDER OF THE MOST RECENT INVES-
34 TIGATION OF SUBSTANTIATED ALLEGATIONS; AND
35 (O) ANY TEACHER OR SUPERVISOR WHO HAS FAILED TO FULFILL ALL THE
36 REQUIREMENTS FOR STATE CERTIFICATION AS OF AUGUST THIRTY-FIRST OF THE
37 SCHOOL YEAR IN WHICH THERE IS A CITYWIDE LAYOFF, PROVIDED HOWEVER IF
38 THERE ARE FEWER LAYOFFS THAN THERE ARE PERSONS IN THIS CATEGORY, TEACH-
39 ERS WHO HAVE BEEN WITHOUT FULL CERTIFICATION FROM THE DEPARTMENT THE
40 LONGEST SHALL BE LAID OFF FIRST.
41 (III) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, RULE OR REGULATION
42 TO THE CONTRARY, IN THE CASE THAT THE NUMBER OF TEACHING OR SUPERVISORY
43 POSITIONS THAT ARE ABOLISHED, OR THE NUMBER OF TEACHING OR SUPERVISORY
44 EMPLOYEES THAT ARE LAID OFF PURSUANT TO SUBPARAGRAPH (I) OF THIS PARA-
45 GRAPH IS FEWER THAN THE NUMBER OF SUCH POSITIONS THAT MUST BE ABOLISHED
46 OR REDUCED, THE DECISION CONCERNING WHICH ADDITIONAL POSITIONS ARE TO BE
47 ABOLISHED, AND WHICH PERSONS OCCUPYING SUCH POSITIONS ARE TO BE LAID
48 OFF, SHALL BE MADE IN ACCORDANCE WITH THIS SUBPARAGRAPH. UPON NOTIFICA-
49 TION BY THE CITY SCHOOL DISTRICT OF THE PUBLIC EMPLOYMENT RELATIONS
50 BOARD, THE MATTER OF HOW ADDITIONAL LAYOFFS SHALL BE EFFECTUATED SHALL
51 BE REFERRED TO ARBITRATION. WITHIN TWO DAYS OF RECEIPT OF THE PETITION
52 THE BOARD SHALL SUBMIT TO THE PARTIES A LIST OF QUALIFIED, DISINTERESTED
53 PERSONS FOR THE SELECTION OF A SINGLE ARBITRATOR. EACH PARTY SHALL
54 ALTERNATELY STRIKE FROM THE LIST ONE OF THE NAMES WITH THE ORDER OF
55 STRIKING DETERMINED BY LOT, UNTIL THE REMAINING ONE PERSON SHALL BE
56 DESIGNATED TO HEAR THE MATTER. THIS PROCESS SHALL BE COMPLETED WITHIN
A. 7642 9
1 ONE DAY OF RECEIPT OF THIS LIST. THE PARTIES SHALL NOTIFY THE BOARD OF
2 THE DESIGNATED ARBITRATOR. THE ARBITRATION SHALL BE COMMENCED NO LATER
3 THAN SEVEN DAYS AND COMPLETED NO LATER THAN THIRTY DAYS OF THE DATE THE
4 PARTIES NOTIFIED THE BOARD OF THE DESIGNATION OF THE ARBITRATOR,
5 PROVIDED THAT NOTWITHSTANDING ANY OTHER PROVISION OF LAW, RULE OR REGU-
6 LATION TO THE CONTRARY, NO ADJOURNMENTS MAY BE GRANTED THAT WOULD EXTEND
7 THE ARBITRATION BEYOND SUCH THIRTY DAYS. THE ARBITRATOR SHALL ISSUE A
8 DECISION TO THE PARTIES WITHIN TEN DAYS OF COMPLETION OF THE HEARING.
9 SAID DECISION SHALL BE FINAL AND BINDING ON THE RESPECTIVE PARTIES AND
10 NOT SUBJECT TO JUDICIAL REVIEW PURSUANT TO ARTICLE SEVENTY-FIVE OF THE
11 CIVIL PRACTICE LAW AND RULES OR ANY OTHER LAW, RULE OR REGULATION. EACH
12 OF THE RESPECTIVE PARTIES SHALL EQUALLY SHARE THE COST OF THE ARBITRA-
13 TOR. ANY DECISION ISSUED PURSUANT TO THIS SUBPARAGRAPH SHALL NOT PERMIT
14 AN EMPLOYEE'S LENGTH OF SERVICE TO BE THE SOLE FACTOR IN ANY DECISION
15 REGARDING WHICH POSITIONS ARE TO BE ABOLISHED AND WHICH PERSONS OCCUPY-
16 ING SUCH POSITIONS SHALL BE LAID OFF; PROVIDED, HOWEVER, THAT ANY
17 CONSIDERATION OF AN EMPLOYEE'S LENGTH OF FAITHFUL AND COMPETENT SERVICE
18 AS A FACTOR FOR THE ABOLISHMENT OF POSITIONS OR PERSONS TO BE LAID OFF
19 OCCUPYING SUCH POSITIONS MAY ONLY BE CONSIDERED IN A MANNER BENEFICIAL
20 TO AN EMPLOYEE AND SHALL NOT PERMIT AN EMPLOYEE'S SALARY TO BE A FACTOR
21 IN ANY DECISION REGARDING WHICH POSITIONS ARE TO BE ABOLISHED AND WHICH
22 PERSONS OCCUPYING SUCH POSITIONS SHALL BE LAID OFF; AND PROVIDED FURTHER
23 THAT ANY DECISION MUST ENSURE THAT IN A HIGH-NEED SCHOOL THE NUMBER OF
24 STAFF LAID OFF SHALL NOT EXCEED THE PERCENTAGE OF THE OVERALL NUMBER OF
25 POSITIONS IN THE SCHOOL THAT REPRESENTS HALF OF THE AVERAGE PERCENTAGE
26 OF STAFF LAID OFF CITYWIDE; PROVIDED HOWEVER, SAID PERCENTAGE MAY BE
27 EXCEEDED WHERE THE CITY SCHOOL DISTRICT CHOOSES TO ABOLISH ALL POSITIONS
28 IN A LICENSE AREA PURSUANT TO SUBPARAGRAPH (IV) OF THIS PARAGRAPH. SAID
29 PERCENTAGES SHALL BE CALCULATED EXCLUDING ANY TEACHERS OR SUPERVISORS
30 LAID OFF PURSUANT TO SUBPARAGRAPHS (I) AND (II) OF THIS PARAGRAPH. FOR
31 PURPOSES OF THIS SECTION, A HIGH-NEED SCHOOL SHALL BE DEFINED AS A
32 SCHOOL IN WHICH AT LEAST NINETY PERCENT OF THE ENROLLED STUDENTS ARE
33 ELIGIBLE APPLICANTS FOR THE FREE AND REDUCED PRICE LUNCH PROGRAM.
34 (IV) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, RULE OR REGULATION TO
35 THE CONTRARY, ANY LOCALLY DEVELOPED PROCESS PURSUANT TO THE REQUIREMENTS
36 OF ARTICLE FOURTEEN OF THE CIVIL SERVICE LAW, AND DECISION ISSUED PURSU-
37 ANT TO SUBPARAGRAPH (III) OF THIS PARAGRAPH, OR THE LAYOFFS EFFECTUATED
38 PURSUANT TO SUBPARAGRAPH (V) OF THIS PARAGRAPH, THE CITY SCHOOL DISTRICT
39 SHALL NOT BE PROHIBITED FROM ABOLISHING ALL POSITIONS IN AN ENTIRE
40 LICENSE AREA.
41 (V) SHOULD THE CITY SCHOOL DISTRICT AND ITS COLLECTIVE BARGAINING
42 AGENTS FAIL TO ESTABLISH A PROCEDURE GOVERNING THE ABOLISHMENT OR
43 REDUCTION OF TEACHING OR SUPERVISORY POSITIONS CITYWIDE PURSUANT TO
44 ARTICLE FOURTEEN OF THE CIVIL SERVICE LAW NO LATER THAN NINETY DAYS
45 PRIOR TO THE TWO THOUSAND TWELVE--TWO THOUSAND THIRTEEN SCHOOL YEAR AND
46 SUBSEQUENT SCHOOL YEARS, THE MATTER SHALL BE SUBMITTED TO ARBITRATION
47 PURSUANT TO THE PROCEDURES IN SUBPARAGRAPH (III) OF THIS PARAGRAPH. ANY
48 DECISION ISSUED PURSUANT TO THIS SUBPARAGRAPH SHALL BE SIGNIFICANTLY
49 BASED ON THE ANNUAL PROFESSIONAL PERFORMANCE REVIEW FOR THE PRECEDING
50 SCHOOL YEAR PURSUANT TO SECTION THREE THOUSAND TWELVE-C OF THIS CHAPTER
51 AND SHALL NOT PERMIT AN EMPLOYEE'S LENGTH OF SERVICE TO BE THE SOLE
52 FACTOR IN ANY DECISION REGARDING WHICH POSITIONS ARE TO BE ABOLISHED AND
53 WHICH PERSONS OCCUPYING SUCH POSITIONS SHALL BE LAID OFF; PROVIDED,
54 HOWEVER, THAT ANY CONSIDERATION OF AN EMPLOYEE'S LENGTH OF FAITHFUL AND
55 COMPETENT SERVICE AS A FACTOR FOR THE ABOLISHMENT OF POSITIONS OR
56 PERSONS TO BE LAID OFF OCCUPYING SUCH POSITIONS MAY ONLY BE CONSIDERED
A. 7642 10
1 IN A MANNER BENEFICIAL TO AN EMPLOYEE AND SHALL NOT PERMIT AN EMPLOYEE'S
2 SALARY TO BE A FACTOR IN ANY DECISION REGARDING WHICH POSITIONS ARE TO
3 BE ABOLISHED AND WHICH PERSONS OCCUPYING SUCH POSITIONS SHALL BE LAID
4 OFF; AND PROVIDED FURTHER THAT ANY DECISION ENSURE THAT IN A HIGH-NEED
5 SCHOOL THE NUMBER OF STAFF LAID OFF SHALL NOT EXCEED THE PERCENTAGE OF
6 THE OVERALL NUMBER OF POSITIONS IN THE SCHOOL THAT REPRESENTS HALF OF
7 THE AVERAGE PERCENTAGE OF STAFF LAID OFF CITYWIDE; PROVIDED HOWEVER,
8 SAID PERCENTAGE MAY BE EXCEEDED WHERE THE CITY SCHOOL DISTRICT CHOOSES
9 TO ABOLISH ALL POSITIONS IN A LICENSE AREA PURSUANT TO SUBPARAGRAPH (IV)
10 OF THIS PARAGRAPH. SAID PERCENTAGES SHALL BE CALCULATED EXCLUDING ANY
11 TEACHERS OR SUPERVISORS LAID OFF PURSUANT TO SUBPARAGRAPHS (I) AND (II)
12 OF THIS PARAGRAPH. FOR PURPOSES OF THIS SECTION, A HIGH-NEED SCHOOL
13 SHALL BE DEFINED AS A SCHOOL IN WHICH AT LEAST NINETY PERCENT OF THE
14 ENROLLED STUDENTS ARE ELIGIBLE APPLICANTS FOR THE FREE AND REDUCED PRICE
15 LUNCH PROGRAM.
16 (B) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, RULE OR REGULATION TO
17 THE CONTRARY, THE CITY SCHOOL DISTRICT AND ITS EMPLOYEES' COLLECTIVE
18 BARGAINING AGENTS SHALL ESTABLISH A PROCEDURE GOVERNING THE ABOLISHMENT
19 OR REDUCTION OF TEACHING OR SUPERVISORY POSITIONS AT INDIVIDUAL SCHOOLS
20 IN ORDER TO MEET SCHOOL BUDGETARY NEEDS, REORGANIZE FUNCTIONS, OR FOR
21 OTHER COMPELLING REASONS OUTSIDE OF A CITYWIDE REDUCTION IN ACCORDANCE
22 WITH PARAGRAPH (A) OF THIS SUBDIVISION, PURSUANT TO THE REQUIREMENTS OF
23 ARTICLE FOURTEEN OF THE CIVIL SERVICE LAW. ANY SUCH LOCALLY ESTABLISHED
24 PROCESS SHALL NOT PERMIT AN EMPLOYEE'S LENGTH OF SERVICE TO BE THE SOLE
25 FACTOR IN ANY DECISION REGARDING WHICH POSITIONS ARE TO BE ABOLISHED AND
26 WHICH PERSONS OCCUPYING SUCH POSITIONS SHALL BE EXCESSED; PROVIDED
27 HOWEVER THAT ANY CONSIDERATION OF AN EMPLOYEE'S LENGTH OF FAITHFUL AND
28 COMPETENT SERVICE AS A FACTOR FOR THE ABOLISHMENT OF POSITIONS OR
29 PERSONS TO BE EXCESSED OCCUPYING SUCH POSITIONS MAY ONLY BE CONSIDERED
30 IN A MANNER BENEFICIAL TO AN EMPLOYEE AND THAT THE PROMULGATION OF ANY
31 SUCH REGULATION SHALL NOT PERMIT AN EMPLOYEE'S SALARY TO BE A FACTOR IN
32 ANY DECISION REGARDING WHICH POSITIONS ARE TO BE ABOLISHED AND WHICH
33 PERSONS OCCUPYING SUCH POSITIONS SHALL BE EXCESSED. FOR POSITIONS
34 COVERED BY SECTION THREE THOUSAND TWELVE-C OF THIS CHAPTER, ANY SUCH
35 LOCALLY DEVELOPED PROCESS SHALL BE SIGNIFICANTLY BASED ON THE ANNUAL
36 PROFESSIONAL PERFORMANCE REVIEW FOR TEACHERS AND SUPERVISORS PURSUANT TO
37 SUCH SECTION THREE THOUSAND TWELVE-C AND ITS IMPLEMENTING REGULATIONS.
38 UNTIL AND UNLESS SUCH A PROCESS HAS BEEN ESTABLISHED AT LEAST NINETY
39 DAYS BEFORE THE START OF THE TWO THOUSAND ELEVEN--TWO THOUSAND TWELVE
40 SCHOOL YEAR, THE FOLLOWING SHALL APPLY:
41 (I) DECISIONS CONCERNING WHICH POSITIONS ARE TO BE ABOLISHED SHALL BE
42 MADE IN ACCORDANCE WITH THE SAME PROCESS PRESCRIBED FOR MAKING LAYOFF
43 DECISIONS SET FORTH IN SUBPARAGRAPHS (I) AND (II) OF PARAGRAPH (A) OF
44 THIS SUBDIVISION. IN THE CASE THAT THE NUMBER OF TEACHING OR SUPERVISORY
45 EMPLOYEES EXCESSED IS FEWER THAN THE NUMBER OF SUCH POSITIONS THAT MUST
46 BE EXCESSED PURSUANT TO THIS SUBPARAGRAPH, THE MATTER SHALL BE REFERRED
47 TO ARBITRATION AS SET FORTH IN SUBPARAGRAPH (III) OF PARAGRAPH (A) OF
48 THIS SUBDIVISION. ANY DECISION BY AN ARBITRATOR PURSUANT TO THIS
49 SUBPARAGRAPH SHALL NOT PERMIT AN EMPLOYEE'S LENGTH OF SERVICE TO BE THE
50 SOLE FACTOR IN ANY DECISION REGARDING WHICH POSITIONS ARE TO BE ABOL-
51 ISHED AND WHICH PERSONS OCCUPYING SUCH POSITIONS SHALL BE EXCESSED;
52 PROVIDED HOWEVER THAT ANY CONSIDERATION OF AN EMPLOYEE'S LENGTH OF
53 FAITHFUL AND COMPETENT SERVICE AS A FACTOR FOR THE ABOLISHMENT OF POSI-
54 TIONS OR PERSONS TO BE EXCESSED OCCUPYING SUCH POSITIONS MAY ONLY BE
55 CONSIDERED IN A MANNER BENEFICIAL TO AN EMPLOYEE AND THAT THE PROMULGA-
56 TION OF ANY SUCH REGULATION SHALL NOT PERMIT AN EMPLOYEE'S SALARY TO BE
A. 7642 11
1 A FACTOR IN ANY DECISION REGARDING WHICH POSITIONS ARE TO BE ABOLISHED
2 AND WHICH PERSONS OCCUPYING SUCH POSITIONS SHALL BE EXCESSED. THE ARBI-
3 TRATOR SHALL FURTHER BE REQUIRED TO INCORPORATE THE FOLLOWING FACTORS IN
4 ANY AWARD SETTING FORTH A PROCESS FOR THE DISTRICT REGARDING WHICH POSI-
5 TIONS SHALL BE ABOLISHED AND WHICH PERSONS OCCUPYING SUCH POSITIONS ARE
6 TO BE EXCESSED:
7 (A) SCHOOLS' NEEDS FOR PARTICULAR LICENSE AREAS; AND
8 (B) WHEN MORE THAN ONE PERSON HOLDS A POSITION WITHIN THE SAME LICENSE
9 AREA:
10 (1) SIGNIFICANT RELEVANT CONTRIBUTIONS, ACCOMPLISHMENTS, OR PERFORM-
11 ANCE OF EACH SUCH PERSON;
12 (2) RELEVANT SUPPLEMENTAL PROFESSIONAL EXPERIENCES OF EACH SUCH PERSON
13 AS DEMONSTRATED ON THE JOB;
14 (3) OFFICE OR SCHOOL NEEDS, INCLUDING CURRICULUM SPECIALIZED EDUCA-
15 TION, DEGREES, LICENSES OR AREAS OF EXPERTISE; AND
16 (4) LENGTH OF SATISFACTORY SERVICE BY EACH SUCH PERSON. SHOULD CITY-
17 WIDE LAYOFFS IN ACCORDANCE WITH PARAGRAPH (A) OF THIS SUBDIVISION BE
18 CARRIED OUT, A DETERMINATION OF WHETHER ANY TEACHER OR SUPERVISOR SHALL
19 BE LAID OFF WHOSE POSITION HAS BEEN ABOLISHED AND IS IN EXCESS FROM A
20 REGULARLY APPOINTED POSITION IN THE DISTRICT FOR LESS THAN SIX MONTHS,
21 SHALL BE MADE PURSUANT TO SUBPARAGRAPHS (I) AND (II) OF PARAGRAPH (A) OF
22 THIS SUBDIVISION.
23 (II) SHOULD THE CITY SCHOOL DISTRICT AND ITS COLLECTIVE BARGAINING
24 AGENTS FAIL TO ESTABLISH A PROCEDURE GOVERNING THE ABOLISHMENT OR
25 REDUCTION OF TEACHING OR SUPERVISORY POSITIONS AT INDIVIDUAL SCHOOLS
26 PURSUANT TO ARTICLE FOURTEEN OF THE CIVIL SERVICE LAW NO LATER THAN
27 NINETY DAYS PRIOR TO THE TWO THOUSAND TWELVE--TWO THOUSAND THIRTEEN
28 SCHOOL YEAR AND SUBSEQUENT SCHOOL YEARS, THE MATTER SHALL BE SUBMITTED
29 TO ARBITRATION PURSUANT TO THE PROCEDURES IN SUBPARAGRAPH (III) OF PARA-
30 GRAPH A OF THIS SUBDIVISION. ANY DECISION ISSUED PURSUANT TO THIS
31 SUBPARAGRAPH SHALL BE SIGNIFICANTLY BASED ON THE ANNUAL PROFESSIONAL
32 PERFORMANCE REVIEW FOR THE PRECEDING SCHOOL YEAR PURSUANT TO SECTION
33 THREE THOUSAND TWELVE-C OF THIS CHAPTER AND SHALL NOT PERMIT AN EMPLOY-
34 EE'S LENGTH OF SERVICE TO BE THE SOLE FACTOR IN ANY DECISION REGARDING
35 WHICH POSITIONS ARE TO BE ABOLISHED AND WHICH PERSONS OCCUPYING SUCH
36 POSITIONS SHALL BE EXCESSED; PROVIDED, HOWEVER, THAT ANY CONSIDERATION
37 OF AN EMPLOYEE'S LENGTH OF FAITHFUL AND COMPETENT SERVICE AS A FACTOR
38 FOR THE ABOLISHMENT OF POSITIONS OR PERSONS TO BE EXCESSED OCCUPYING
39 SUCH POSITIONS MAY ONLY BE CONSIDERED IN A MANNER BENEFICIAL TO AN
40 EMPLOYEE AND SHALL NOT PERMIT AN EMPLOYEE'S SALARY TO BE A FACTOR IN ANY
41 DECISION REGARDING WHICH POSITIONS ARE TO BE ABOLISHED AND WHICH PERSONS
42 OCCUPYING SUCH POSITIONS SHALL BE EXCESSED;
43 S 4. Subdivision 4 of section 2588 of the education law is REPEALED
44 and a new subdivision 4 is added to read as follows:
45 4. WHENEVER A TEACHING OR SUPERVISORY POSITION IS ABOLISHED PURSUANT
46 TO SUBPARAGRAPH (III) OF PARAGRAPH (A) OF SUBDIVISION THREE OF THIS
47 SECTION EFFECTIVE BEFORE OR DURING THE TWO THOUSAND ELEVEN--TWO THOUSAND
48 TWELVE SCHOOL YEAR, SHOULD A VACANCY OCCUR IN THE SAME POSITION AT THE
49 SAME SCHOOL OR ADMINISTRATIVE OFFICE WITHIN ONE YEAR OF THE DATE WHEN
50 THE POSITION WAS ABOLISHED, THE PRINCIPAL, OR THE CHANCELLOR OR HIS OR
51 HER DESIGNEE, SHALL OFFER THE POSITION TO THE PERSON WHO HELD THE POSI-
52 TION BEFORE IT WAS ABOLISHED. IF THE PERSON REJECTS THE OFFER, OR FAILS
53 TO RESPOND TO THE OFFER WITHIN THIRTY DAYS, THE PERSON SHALL NO LONGER
54 HAVE A RIGHT TO RETURN TO THE POSITION. IF MORE THAN ONE POSITION WAS
55 ABOLISHED IN THE SAME LICENSE AREA AT THE SAME SCHOOL OR ADMINISTRATIVE
56 OFFICE, AND THERE ARE FEWER VACANCIES IN THE SAME LICENSE AREA THAN
A. 7642 12
1 PERSONS WHOSE POSITIONS WERE ABOLISHED, THE PRINCIPAL, OR THE CHANCELLOR
2 SHALL HAVE THE DISCRETION TO DETERMINE WHICH PERSON SHOULD BE OFFERED
3 THE POSITION FIRST. THE CHANCELLOR SHALL PROMULGATE GUIDANCE TO DETER-
4 MINE THE RIGHT OF RETURN OF ANY TEACHERS OR SUPERVISORS LAID OFF PURSU-
5 ANT TO SUBPARAGRAPH (IV) OF PARAGRAPH (A) OF SUBDIVISION THREE OF THIS
6 SECTION. TEACHERS OR SUPERVISORS LAID OFF PURSUANT TO SUBPARAGRAPH (I)
7 OF PARAGRAPH (A) OF SUBDIVISION THREE OF THIS SECTION AND SUBPARAGRAPH
8 (II) OF PARAGRAPH (A) OF SUBDIVISION THREE OF THIS SECTION, AND ALL
9 TEACHERS OR SUPERVISORS LAID OFF EFFECTIVE FOR THE TWO THOUSAND TWELVE-
10 -TWO THOUSAND THIRTEEN SCHOOL YEAR AND BEYOND, SHALL HAVE NO RIGHTS TO
11 RETURN TO A VACANT POSITION PURSUANT TO THIS SECTION.
12 S 5. Subdivision 7 of section 2588 of the education law is REPEALED.
13 S 6. Severability. If any clause, sentence, paragraph, section or part
14 of this act shall be adjudged by any court of competent jurisdiction to
15 be invalid and after exhaustion of all further judicial review, the
16 judgment shall not affect, impair or invalidate the remainder thereof,
17 but shall be confined in its operation to the clause, sentence, para-
18 graph, section or part of this act directly involved in the controversy
19 in which the judgment shall have been rendered.
20 S 7. This act shall take effect immediately.
