Relates to retaining quality teachers when teaching positions are eliminated in city school districts in cities with a population of one million or more.

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S3501-2011 Actions

• Jan 4, 2012: REFERRED TO EDUCATION
• Jan 4, 2012: returned to senate
• Jan 4, 2012: died in assembly
• Mar 2, 2011: referred to education
• Mar 1, 2011: DELIVERED TO ASSEMBLY
• Mar 1, 2011: PASSED SENATE
• Mar 1, 2011: ORDERED TO THIRD READING CAL.145
• Mar 1, 2011: REPORTED AND COMMITTED TO RULES
• Feb 26, 2011: PRINT NUMBER 3501B
• Feb 26, 2011: AMEND AND RECOMMIT TO EDUCATION
• Feb 25, 2011: PRINT NUMBER 3501A
• Feb 25, 2011: AMEND AND RECOMMIT TO EDUCATION
• Feb 23, 2011: REFERRED TO EDUCATION

S3501-2011 Meetings

Education: Mar 1, 2011

S3501-2011 Votes

S3501-2011 Memo

BILL NUMBER:S3501

TITLE OF BILL:

An act
to amend the education law, 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

PURPOSE OF THE BILL:

This bill would create a default layoff mechanism in New York City in
effect unless and until such time as the City of New York and its
teachers' union collectively bargain new layoff procedures.
Decision-making based solely on seniority would be prohibited in any
bargaining agreement.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1: Title.

Section 2: A technical change to section 2588 of the education law to
change "more than one million inhabitants" to "one million
inhabitants or more".

Section 3: requires the City school district and its employee
collective bargaining agents to establish a procedure governing the
abolishment or reduction of teaching or supervisory positions
citywide pursuant to article 14 of the civil service law. An
employee's length of service can no longer be the sale factor in
determining which positions to abolish. In addition, this section
ensures that high need schools (schools with greater than 90 percent
eligibility for free and reduced price lunch) do not bear a
disproportionate share of workforce reductions. In the absence of a
collective bargaining agreement governing staff reduction a default
layoff mechanism for New York City governs any citywide layoff in the
following manner:

* Seniority is no longer the sole basis for any layoff decision.

* The district will first make layoff decisions on a citywide basis,
based on specific categories of teachers. Per the provisions of this
bill, until such time as the City district and the union collectively
bargain a layoff procedure, these category-based layoffs would still
be made by license area {English, carpentry, common branch
elementary, etc.

* Under this bill there are nine categories established which
constitutes a subset of staff which would in the first instance be
laid off until the citywide layoff number is achieved. Staff that
fall into multiple categories would be laid off first and then
layoffs would proceed through each individual category until such
time as the citywide layoff number is achieved. Unless the entire


license is eliminated, the following teachers would be laid off first
within any given license area:

o A School-based personnel with at least one rating of
"unsatisfactory" in the five academic years preceding the year in
which layoffs would take effect;

o B - A finding of guilt on 3020-a charges without termination in the
last five years;

o C - Status as school-based personnel without a permanent position for
six months or more as of the start of the school year in which
layoffs will occur;

o D - Any convicted of criminal charges without termination in the
last five years;

o E - A finding of excessive or improper lateness or absenteeism
without adequate cause or improper use of leave time by a time and
attendance arbitrator in the last five years;

o F - Investigations by the Special Commissioner of Investigation (SCI),
the Office of Equal opportunity (OEO), or the Office of Special
Investigations (OSI) that led to substantiated allegations of
misconduct in the last five years;

o G - School based personnel who failed to fulfill all requirements
for state certification as of August 31 of the year in which
layoffs will be enacted;

o H - Teachers in grades 4-8 who for two years or more ranked in the
bottom thirty percent of all teachers in student test scores progress
as measured by the City school district's value added assessment
except for teachers who are licensed to teach special education or
special needs children; and

o I - Teachers granted an extension regarding tenure in the year
preceding city wide layoff.

* When the number of employees laid off by way of the above process is
less than the number of total layoffs required, the Regents will
promulgate regulations by that date governing the layoffs of any
additional teachers, beyond those laid off in the above process. Such
regulations must ensure that an employee's length of service is not
the sole factor in determining a layoff and that an employee's salary
is not a factor in layoff decisions. These additional layoffs need
not be made by license category.

* In the event the Regents do not promulgate regulations within 75
days of the first day of school, building principals will make
additional layoff decisions pursuant to guidance put forth by the
Chancellor. The principal shall make the decisions after considering
the recommendations of school based committee comprised of teachers,
administrators and parents.

* In schools where 90 percent of students receive free or
reduced-price lunch, layoffs made subsequent to the categories-based


layoff process shall not exceed a percentage of the overall number of
positions in the school that represents half of the average
percentage laid off made subsequent to the categories-based process
in schools citywide. This excludes employees in the categories
outlined above or employees laid off because of the system-wide
elimination of a license area. This requirement
would apply to any mechanism that is collectively bargained,
promulgated by the Regents or set forth by the
Chancellor and implemented by principals.

* When schools remove positions for any reason, absent a citywide
layoff condition, the sole basis for such decisions will not be
employee length of service. This bill requires such a process to be
collectively bargained, pursuant to education law 3012-c. In the
event it is not collectively bargained by 90 days before the start of
the school year, decisions are to be made using all above categories.
In the event the number of positions needed to be removed exceeds the
number in these categories, the Regents are to promulgate
regulations. In the event that by 75 days before the start of the
school year, the Regents have not promulgated regulations, principals
are to make the decision per guidance issued by the Chancellor. Such
regulations or guidance must ensure that employee length of service
is not the sole factor in layoff decisions and that salary is not a
factor in layoff decisions.

Section 4: requires employee rights to return to vacant positions to
be collectively bargained. In the absence of a collective bargaining
agreement when layoffs are made the following process shall apply:

Whenever a teaching or supervisory position is abolished pursuant to
the Regents or chancellor and should a vacancy occur in the same
position at the same school or administrative office within one year
of the date when the position was abolished, the principal, or the
chancellor or his or her designee, shall offer the position to the
person who held the position before it was abolished. If the person
rejects the offer, or fails to respond to the offer within thirty
days, the person shall no longer have a right to return to the
position. If more than one position was abolished in the same license
area at the same school or administrative office,. and there are
fewer vacancies in the same license area than persons whose positions
were abolished, the principal, or the chancellor, shall have the
discretion to determine which person should be offered the position
first. Teachers or supervisors laid off pursuant to the nine
categories outlined above shall have no rights to return to a vacant
position pursuant.

Section 5: repeals paragraph 7 of section 2588 of the education law
which is replaced by language in Section 4.

Section 6: severability.

Section 7: effective date.

JUSTIFICATION:

This bill will allow high quality teachers to remain in the classroom
during years when citywide layoffs are required.


PRIOR LEGISLATIVE HISTORY:

New bill.

FISCAL IMPLICATIONS:

None to the State.

EFFECTIVE DATE:

This act shall take effect immediately.

S3501-2011 Text

                      S T A T E   O F   N E W   Y O R K
  ________________________________________________________________________

                                    3501

                         2011-2012 Regular Sessions

                              I N  SENATE

                              February 23, 2011
                                 ___________

  Introduced  by Sen. FLANAGAN -- read twice and ordered printed, and when
    printed to be committed to the Committee 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:


    Section  1.  This  act  shall  be  known and may be cited as the "keep
  effective and excellent professionals in the classroom act".
    S 2. The section heading of section 2588  of  the  education  law,  as
  added by chapter 521 of the laws of 1976, is amended to read as follows:

    Seniority, retention and displacement rights in connection with aboli-
  tion  of positions in city school districts of cities having [more than]
  one million inhabitants OR MORE.
    S 3.  Subdivision 3 of section 2588 of the education law  is  REPEALED
  and a new subdivision 3 is added to read as follows:

    3.  (A) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, RULE OR REGULATION
  TO THE CONTRARY, THE CITY SCHOOL DISTRICT AND ITS EMPLOYEES'  COLLECTIVE
  BARGAINING  AGENTS SHALL ESTABLISH A PROCEDURE GOVERNING THE ABOLISHMENT
  OR REDUCTION OF TEACHING OR SUPERVISORY POSITIONS CITYWIDE  PURSUANT  TO
  THE  REQUIREMENTS OF ARTICLE FOURTEEN OF THE CIVIL SERVICE LAW. ANY SUCH
  LOCALLY ESTABLISHED PROCESS SHALL NOT PERMIT  AN  EMPLOYEE'S  LENGTH  OF
  SERVICE  TO BE THE SOLE FACTOR IN ANY DECISION REGARDING WHICH POSITIONS
  ARE TO BE ABOLISHED AND WHICH PERSONS OCCUPYING SUCH POSITIONS SHALL  BE
  LAID  OFF;  PROVIDED,  HOWEVER,  THAT ANY CONSIDERATION OF AN EMPLOYEE'S
  LENGTH OF FAITHFUL AND COMPETENT SERVICE AS A FACTOR FOR THE ABOLISHMENT
  OF POSITIONS OR PERSONS TO BE LAID OFF OCCUPYING SUCH POSITIONS MAY ONLY
  BE CONSIDERED IN A MANNER BENEFICIAL TO AN EMPLOYEE AND  THAT  ANY  SUCH
  LOCALLY  ESTABLISHED PROCESS SHALL NOT PERMIT AN EMPLOYEE'S SALARY TO BE

   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
                                                             LBD09505-07-1

 S. 3501                             2

  A FACTOR IN ANY DECISION REGARDING WHICH POSITIONS ARE TO  BE  ABOLISHED
  AND  WHICH  PERSONS  OCCUPYING  SUCH  POSITIONS  SHALL  BE LAID OFF; AND
  PROVIDED FURTHER THAT ANY SUCH LOCALLY ESTABLISHED PROCESS  MUST  ENSURE
  THAT  HIGH  QUALITY  TEACHERS  IN HIGH-NEED SCHOOLS ARE NOT LAID OFF AND
  THAT HIGH-NEED SCHOOLS DO NOT BEAR A DISPROPORTIONATE SHARE OF WORKFORCE
  REDUCTIONS PURSUANT TO A  CITYWIDE  LAYOFF,  PROVIDED  HOWEVER,  NOTHING
  SHALL PROHIBIT THE CITY SCHOOL DISTRICT FROM ABOLISHING ALL POSITIONS IN
  A  LICENSE  AREA  PURSUANT  TO  SUBPARAGRAPH (IV) OF THIS PARAGRAPH. FOR
  PURPOSES OF THIS SECTION, A HIGH-NEED  SCHOOL  SHALL  BE  DEFINED  AS  A
  SCHOOL  IN  WHICH  AT  LEAST NINETY PERCENT OF THE ENROLLED STUDENTS ARE
  ELIGIBLE APPLICANTS FOR THE FREE AND REDUCED PRICE  LUNCH  PROGRAM.  FOR
  POSITIONS  COVERED  BY  SECTION THREE THOUSAND TWELVE-C OF THIS CHAPTER,
  ANY SUCH LOCALLY DEVELOPED PROCESS SHALL BE BASED ON THE ANNUAL  PROFES-
  SIONAL  PERFORMANCE  REVIEW  FOR  TEACHERS  AND  SUPERVISORS PURSUANT TO
  SECTION THREE THOUSAND TWELVE-C OF THIS  CHAPTER  AND  ITS  IMPLEMENTING
  REGULATIONS.  UNTIL  AND  UNLESS  SUCH A PROCESS HAS BEEN ESTABLISHED AT
  LEAST NINETY DAYS BEFORE THE EFFECTIVE DATE OF ANY SUCH  ABOLISHMENT  OR
  REDUCTION  OF  TEACHING OR SUPERVISORY POSITIONS CITYWIDE, THE FOLLOWING
  SHALL APPLY:

    (I) THE FOLLOWING TEACHERS OR SUPERVISORS SHALL BE LAID OFF  PRIOR  TO
  ANY  OTHER  TEACHERS  OR  SUPERVISORS: (A) ANY TEACHER OR SUPERVISOR WHO
  RECEIVED A RATING OF "UNSATISFACTORY" ON HIS OR HER ANNUAL  PROFESSIONAL
  PERFORMANCE REVIEW IN THE LAST FIVE SCHOOL YEARS OR "INEFFECTIVE" IN THE
  EVENT  A NEW ANNUAL PROFESSIONAL PERFORMANCE REVIEW HAS BEEN IMPLEMENTED
  PURSUANT TO SECTION THREE THOUSAND TWELVE-C OF  THIS  CHAPTER;  (B)  ANY
  TEACHER  OR  SUPERVISOR, IF THE PERSON IS A TENURED EMPLOYEE, WHO WITHIN
  THE LAST FIVE YEARS HAS BEEN FINED OR SUSPENDED WITHOUT PAY AS A PENALTY
  IMPOSED PURSUANT TO SECTION THREE THOUSAND TWENTY-A OF THIS  CHAPTER  OR
  AS A RESULT OF A SETTLEMENT OF CHARGES BROUGHT PURSUANT TO SECTION THREE
  THOUSAND  TWENTY-A  OF  THIS  CHAPTER; (C) ANY TEACHER OR SUPERVISOR NOT
  CURRENTLY APPOINTED TO A REGULAR POSITION IN A SCHOOL FOR  A  PERIOD  OF
  SIX  MONTHS  OR  MORE  AS  OF  THE EFFECTIVE DATE OF ANY CITYWIDE LAYOFF
  PURSUANT TO THIS SECTION; (D) ANY TEACHER  OR  SUPERVISOR  CONVICTED  OF
  CRIMINAL  CHARGES THE PAST FIVE YEARS; (E) ANY TEACHER OR SUPERVISOR, IF
  THE PERSON IS A TENURED EMPLOYEE, WHO WITHIN THE  LAST  FIVE  YEARS  HAS
  BEEN  FINED  AS A PENALTY IMPOSED PURSUANT TO CHARGES RELATED TO CHRONIC
  ABSENTEEISM, CHRONIC LATENESS, OR IMPROPER USE  OR  RECORDING  OF  LEAVE
  TIME OR AS A RESULT OF SETTLEMENT OF CHARGES BROUGHT PURSUANT TO CHARGES
  RELATED  TO  CHRONIC  ABSENTEEISM,  CHRONIC  LATENESS OR IMPROPER USE OR
  RECORDING OF LEAVE TIME; (F) ANY TEACHER OR SUPERVISOR  WHO  WITHIN  THE
  LAST FIVE YEARS WAS THE SUBJECT OF AN INVESTIGATION WHERE ALLEGATIONS OF
  MISCONDUCT  WERE  SUBSTANTIATED  BY  THE  CITY SCHOOL DISTRICT'S SPECIAL
  COMMISSIONER OF INVESTIGATION, THE  CITY  SCHOOL  DISTRICT'S  OFFICE  OF
  SPECIAL  INVESTIGATIONS  OR  THE  CITY SCHOOL DISTRICT'S OFFICE OF EQUAL
  OPPORTUNITY; (G) ANY TEACHER OR SUPERVISOR WHO HAS FAILED TO FULFILL ALL
  REQUIREMENTS FOR CERTIFICATION FROM THE DEPARTMENT AS OF AUGUST  THIRTY-
  FIRST  OF THE YEAR IN WHICH THERE IS A CITYWIDE LAYOFF; (H) ANY TEACHER,
  FOR TWO YEARS OR MORE, RANKED IN THE BOTTOM THIRTY PERCENT OF ALL TEACH-
  ERS IN STUDENT TEST SCORES PROGRESS  AS  MEASURED  BY  THE  CITY  SCHOOL
  DISTRICT'S  VALUE-ADDED  ASSESSMENT  EXCEPT  FOR  TEACHERS  WHO  WORK IN
  LICENSES RELATED TO  TEACHING  CHILDREN  WITH  DISABILITIES  OR  SPECIAL
  NEEDS;  AND  (I) TEACHERS OR SUPERVISORS WHO ENTERED AGREEMENTS TO SERVE
  AN ADDITIONAL YEAR AS A  PROBATIONER  PURSUANT  TO  SECTION  TWENTY-FIVE
  HUNDRED  SEVENTY-THREE  OF  THIS ARTICLE FOR THE SCHOOL YEAR PRECEDING A
  CITYWIDE LAYOFF.

 S. 3501                             3

    (II) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, RULE OR REGULATION TO
  THE CONTRARY, IN THE CASE THAT THE NUMBER  OF  TEACHING  OR  SUPERVISORY
  POSITIONS  THAT  ARE ABOLISHED, OR THE NUMBER OF TEACHING OR SUPERVISORY
  EMPLOYEES THAT ARE LAID OFF PURSUANT TO SUBPARAGRAPH (I) OF  THIS  PARA-
  GRAPH  IS  GREATER  THAN THE NUMBER OF SUCH POSITIONS THAT MUST BE ABOL-
  ISHED OR REDUCED AS A RESULT OF A CITYWIDE  LAYOFF,  THEN  THE  DECISION
  CONCERNING  WHICH POSITIONS ARE TO BE ABOLISHED, AND WHICH PERSONS OCCU-
  PYING SUCH POSITIONS ARE TO BE LAID OFF, SHALL  BE  MADE  IN  ACCORDANCE
  WITH THIS SUBPARAGRAPH.
    (1)  THE  FOLLOWING  PROTOCOL  SHALL  BE USED UNTIL SUCH TIME THAT THE
  TOTAL NUMBER OF EMPLOYEES IDENTIFIED IS EQUAL TO  THE  TOTAL  NUMBER  OF
  TEACHING  OR SUPERVISORY POSITIONS ABOLISHED. FOR PURPOSES OF THE PROTO-
  COL, THE CATEGORIES LISTED AS CLAUSES (A), (B), (C), (D), (E), (F), (G),
  (H) AND (I) OF SUBPARAGRAPH (I) OF THIS PARAGRAPH SHALL BE RANKED ALPHA-
  BETICALLY (A) THROUGH (I), PROVIDED THAT (A) SHALL BE RANKED THE HIGHEST
  PRIORITY AND (I) SHALL BE RANKED THE LOWEST PRIORITY. THE PROTOCOL SHALL
  BE ESTABLISHED AS FOLLOWS:

    A. TEACHERS OR SUPERVISORS WHO FALL IN  ALL  NINE  OF  THE  CATEGORIES
  LISTED  AS  CLAUSES  (A),  (B),  (C), (D), (E), (F), (G), (H) AND (I) OF
  SUBPARAGRAPH (I) OF THIS PARAGRAPH;
    B. TEACHERS OR SUPERVISORS WHO FALL WITHIN  EIGHT  OF  THE  CATEGORIES
  LISTED  AS  CLAUSES  (A),  (B),  (C), (D), (E), (F), (G), (H) AND (I) OF
  SUBPARAGRAPH (I) OF THIS PARAGRAPH, IN ORDER OF THE COMBINED RANK PRIOR-
  ITY OF THOSE EIGHT CATEGORIES;
    C. TEACHERS OR SUPERVISORS WHO FALL WITHIN  SEVEN  OF  THE  CATEGORIES
  LISTED  AS  CLAUSES  (A),  (B),  (C), (D), (E), (F), (G), (H) AND (I) OF
  SUBPARAGRAPH (I) OF THIS PARAGRAPH, IN ORDER OF THE COMBINED RANK PRIOR-
  ITY OF THOSE SEVEN CATEGORIES;
    D. TEACHERS OR SUPERVISORS WHO FALL WITHIN SIX OF THE CATEGORIES LIST-
  ED AS CLAUSES (A), (B), (C), (D), (E), (F), (G), (H) AND (I) OF SUBPARA-
  GRAPH (I) OF THIS PARAGRAPH, IN ORDER OF THE COMBINED RANK  PRIORITY  OF
  THOSE SIX CATEGORIES;
    E.  TEACHERS  OR  SUPERVISORS  WHO  FALL WITHIN FIVE OF THE CATEGORIES
  LISTED AS CLAUSES (A), (B), (C), (D), (E), (F),  (G),  (H)  AND  (I)  OF
  SUBPARAGRAPH (I) OF THIS PARAGRAPH, IN ORDER OF THE COMBINED RANK PRIOR-
  ITY OF THOSE FIVE CATEGORIES;
    F.  TEACHERS  OR  SUPERVISORS  WHO  FALL WITHIN FOUR OF THE CATEGORIES
  LISTED AS CLAUSES (A), (B), (C), (D), (E), (F),  (G),  (H)  AND  (I)  OF
  SUBPARAGRAPH (I) OF THIS PARAGRAPH, IN ORDER OF THE COMBINED RANK PRIOR-
  ITY OF THOSE FOUR CATEGORIES;
    G.  TEACHERS  OR  SUPERVISORS  WHO FALL WITHIN THREE OF THE CATEGORIES
  LISTED AS CLAUSES (A), (B), (C), (D), (E), (F),  (G),  (H)  AND  (I)  OF
  SUBPARAGRAPH (I) OF THIS PARAGRAPH, IN ORDER OF THE COMBINED RANK PRIOR-
  ITY OF THOSE THREE CATEGORIES;
    H. TEACHERS OR SUPERVISORS WHO FALL WITHIN TWO OF THE CATEGORIES LIST-
  ED AS CLAUSES (A), (B), (C), (D), (E), (F), (G), (H) AND (I) OF SUBPARA-
  GRAPH  (I)  OF THIS PARAGRAPH, IN ORDER OF THE COMBINED RANK PRIORITY OF
  THOSE TWO CATEGORIES;
    I. TEACHERS OR SUPERVISORS WHO RECEIVED A RATING  OF  "UNSATISFACTORY"
  IN  ANY  OF  THE  LAST  FIVE  SCHOOL  YEARS ON THEIR ANNUAL PROFESSIONAL
  PERFORMANCE REVIEW; PROVIDED, HOWEVER THAT IF FEWER LAYOFFS ARE REQUIRED
  THAN THERE ARE PERSONS IN THIS CATEGORY, LAYOFFS SHALL BE  DONE  IN  THE
  FOLLOWING ORDER:

    I.  A  TEACHER OR SUPERVISOR WITH THE HIGHEST NUMBER OF UNSATISFACTORY
  RATINGS IN THE LAST FIVE YEARS; AND

 S. 3501                             4

    II. A TEACHER OR SUPERVISOR WITH AN UNSATISFACTORY RATING RECEIVED  IN
  THE MOST RECENT YEAR OR YEARS;
    J. ANY TEACHER OR SUPERVISOR, IF THE PERSON IS A TENURED EMPLOYEE, WHO
  WITHIN  THE LAST FIVE YEARS HAS BEEN FINED OR SUSPENDED WITHOUT PAY AS A
  PENALTY IMPOSED PURSUANT TO SECTION  THREE  THOUSAND  TWENTY-A  OF  THIS
  CHAPTER  OR  AS  A RESULT OF A SETTLEMENT OF CHARGES BROUGHT PURSUANT TO
  SECTION THREE THOUSAND TWENTY-A OF THIS CHAPTER; PROVIDED, HOWEVER  THAT
  IF  FEWER  LAYOFFS  ARE REQUIRED THAN THERE ARE PERSONS IN THIS CATEGORY
  PERSONS SHALL BE LAID OFF IN ORDER OF THE MOST RECENT DISPOSITION;
    K. ANY TEACHER OR SUPERVISOR WITH A CURRENT STATUS  AS  A  TEACHER  OR
  SUPERVISOR NOT APPOINTED TO A PERMANENT POSITION IN A SCHOOL FOR A PERI-
  OD OF SIX MONTHS OR MORE AS OF THE EFFECTIVE DATE OF ANY CITYWIDE LAYOFF
  PURSUANT  TO  THIS  SECTION; PROVIDED, HOWEVER THAT IF FEWER LAYOFFS ARE
  REQUIRED THAN THERE ARE PERSONS IN THIS CATEGORY, LAYOFFS SHALL BE  DONE
  IN  ORDER  OF  PERSONS  WHO HAVE BEEN WITHOUT AN APPOINTED POSITION TO A
  SCHOOL THE LONGEST PERIOD OF TIME;
    L. ANY TEACHER OR SUPERVISOR CONVICTED OF CRIMINAL CHARGES IN THE LAST
  FIVE YEARS; PROVIDED, HOWEVER THAT IF FEWER LAYOFFS  ARE  REQUIRED  THAN
  THERE  ARE  PERSONS  IN THIS CATEGORY, LAYOFFS SHALL BE DONE IN ORDER OF
  THE MOST RECENT CONVICTION;
    M. ANY TEACHER OR SUPERVISOR WHO HAS RECEIVED A FINE AS A  PENALTY  OR
  AS PART OF A STIPULATION IN SETTLEMENT OF CHARGES OF CHRONIC ABSENTEEISM
  OR  LATENESS,  OR  IMPROPER  USE  OR  RECORDING OF LEAVE TIME; PROVIDED,
  HOWEVER THAT IF FEWER LAYOFFS ARE REQUIRED THAN THERE ARE PEOPLE IN THIS
  CATEGORY, LAYOFFS SHALL BE DONE IN ORDER OF THE MOST RECENT DISPOSITION;
    N. ANY TEACHER OR SUPERVISOR WHO WITHIN THE LAST FIVE  YEARS  WAS  THE
  SUBJECT  OF  AN  INVESTIGATION  WHERE  ALLEGATIONS  OF  MISCONDUCT  WERE
  SUBSTANTIATED BY THE CITY  SCHOOL  DISTRICT'S  SPECIAL  COMMISSIONER  OF
  INVESTIGATION,  THE  CITY  SCHOOL  DISTRICT'S OFFICE OF SPECIAL INVESTI-
  GATIONS OR THE CITY  SCHOOL  DISTRICT'S  OFFICE  OF  EQUAL  OPPORTUNITY,
  PROVIDED  HOWEVER  IF  THERE ARE FEWER LAYOFFS THAN THERE ARE PERSONS IN
  THIS CATEGORY, LAYOFFS SHALL BE DONE IN ORDER OF THE MOST RECENT  INVES-
  TIGATION OF SUBSTANTIATED ALLEGATIONS;
    O.  ANY  TEACHER  OR  SUPERVISOR  WHO  HAS  FAILED  TO FULFILL ALL THE
  REQUIREMENTS FOR STATE CERTIFICATION AS OF AUGUST  THIRTY-FIRST  OF  THE
  SCHOOL  YEAR  IN  WHICH  THERE IS A CITYWIDE LAYOFF, PROVIDED HOWEVER IF
  THERE ARE FEWER LAYOFFS THAN THERE ARE PERSONS IN THIS CATEGORY,  TEACH-
  ERS  WHO  HAVE  BEEN  WITHOUT FULL CERTIFICATION FROM THE DEPARTMENT THE
  LONGEST SHALL BE LAID OFF FIRST;
    P. EXCEPT FOR TEACHERS WHO WORK IN LICENSES RELATED TO TEACHING  CHIL-
  DREN  WITH DISABILITIES OR SPECIAL NEEDS, ANY TEACHER, WHO FOR TWO YEARS
  OR MORE, RANKED IN THE BOTTOM THIRTY PERCENT OF ALL TEACHERS IN  STUDENT
  TEST SCORES PROGRESS AS MEASURED BY THE CITY SCHOOL DISTRICT'S VALUE-AD-
  DED  ASSESSMENT, PROVIDED HOWEVER, IF THERE ARE FEWER LAYOFFS THAN THERE
  ARE PERSONS IN THIS CATEGORY, TEACHERS WITH THE LOWEST SCORES  SHALL  BE
  LAID OFF FIRST; AND
    Q.  ANY  TEACHER  OR  SUPERVISOR  WHO ENTERED AN AGREEMENT TO SERVE AN
  ADDITIONAL PROBATIONARY YEAR PURSUANT  TO  SECTION  TWENTY-FIVE  HUNDRED
  SEVENTY-THREE  OF THIS ARTICLE, FOR THE SCHOOL YEAR PRECEDING A CITYWIDE
  LAYOFF, PROVIDED HOWEVER, IF THERE ARE  FEWER  LAYOFFS  THAN  THERE  ARE
  PERSONS  IN  THIS CATEGORY, TEACHERS OR SUPERVISORS WITH THE MOST NUMBER
  OF ABSENCES SHALL BE LAID OFF FIRST.
    (III) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, RULE  OR  REGULATION
  TO  THE CONTRARY, IN THE CASE THAT THE NUMBER OF TEACHING OR SUPERVISORY
  POSITIONS THAT ARE ABOLISHED, OR THE NUMBER OF TEACHING  OR  SUPERVISORY
  EMPLOYEES  THAT  ARE  LAID OFF PURSUANT TO SUBPARAGRAPH (I) OF PARAGRAPH

 S. 3501                             5

  (A) OF THIS SUBDIVISION IS FEWER THAN THE NUMBER OF SUCH POSITIONS  THAT
  MUST  BE  ABOLISHED OR REDUCED, THE DECISION CONCERNING WHICH ADDITIONAL
  POSITIONS ARE TO BE ABOLISHED, AND WHICH PERSONS  OCCUPYING  SUCH  POSI-
  TIONS ARE TO BE LAID OFF, SHALL BE MADE IN ACCORDANCE WITH THIS SUBPARA-
  GRAPH.
    (1)  THE BOARD OF REGENTS SHALL PROMULGATE REGULATIONS PRESCRIBING HOW
  SUCH ADDITIONAL LAYOFFS SHALL BE EFFECTUATED. THE  PROMULGATION  OF  ANY
  SUCH  REGULATION  SHALL NOT PERMIT AN EMPLOYEE'S LENGTH OF SERVICE TO BE
  THE SOLE FACTOR IN ANY DECISION REGARDING  WHICH  POSITIONS  ARE  TO  BE
  ABOLISHED  AND WHICH PERSONS OCCUPYING SUCH POSITIONS SHALL BE LAID OFF;
  PROVIDED, HOWEVER, THAT ANY CONSIDERATION OF  AN  EMPLOYEE'S  LENGTH  OF
  FAITHFUL  AND COMPETENT SERVICE AS A FACTOR FOR THE ABOLISHMENT OF POSI-
  TIONS OR PERSONS TO BE LAID OFF OCCUPYING SUCH  POSITIONS  MAY  ONLY  BE
  CONSIDERED  IN A MANNER BENEFICIAL TO AN EMPLOYEE AND THAT THE PROMULGA-
  TION OF ANY SUCH REGULATION SHALL NOT PERMIT AN EMPLOYEE'S SALARY TO  BE
  A  FACTOR  IN ANY DECISION REGARDING WHICH POSITIONS ARE TO BE ABOLISHED
  AND WHICH PERSONS OCCUPYING  SUCH  POSITIONS  SHALL  BE  LAID  OFF;  AND
  PROVIDED  FURTHER  THAT  ANY  SUCH  REGULATIONS  MUST  ENSURE  THAT IN A
  HIGH-NEED SCHOOL THE NUMBER OF STAFF  LAID  OFF  SHALL  NOT  EXCEED  THE
  PERCENTAGE OF THE OVERALL NUMBER OF POSITIONS IN THE SCHOOL THAT REPRES-
  ENTS HALF OF THE AVERAGE PERCENTAGE OF STAFF LAID OFF CITYWIDE; PROVIDED
  HOWEVER,  SAID PERCENTAGE MAY BE EXCEEDED WHERE THE CITY SCHOOL DISTRICT
  CHOOSES TO ABOLISH ALL POSITIONS IN A LICENSE AREA PURSUANT TO  SUBPARA-
  GRAPH  (IV)  OF  THIS  PARAGRAPH.  SAID  PERCENTAGES SHALL BE CALCULATED
  EXCLUDING ANY TEACHERS OR SUPERVISORS LAID OFF PURSUANT TO SUBPARAGRAPHS
  (I) AND (II) OF PARAGRAPH (A) OF THIS SUBDIVISION. FOR PURPOSES OF  THIS
  SECTION,  A  HIGH-NEED  SCHOOL  SHALL BE DEFINED AS A SCHOOL IN WHICH AT
  LEAST NINETY PERCENT OF THE ENROLLED STUDENTS  ARE  ELIGIBLE  APPLICANTS
  FOR THE FREE AND REDUCED PRICE LUNCH PROGRAM.
    (2)  SHOULD  THE  BOARD  OF  REGENTS FAIL TO PROMULGATE REGULATIONS NO
  LATER THAN SEVENTY-FIVE DAYS PRIOR TO THE EFFECTIVE DATE OF  A  CITYWIDE
  LAYOFF,  THE  BUILDING  PRINCIPAL SHALL DETERMINE WHICH ADDITIONAL POSI-
  TIONS ARE TO BE ABOLISHED, AND WHICH ADDITIONAL PERSONS  OCCUPYING  SUCH
  POSITIONS ARE TO BE LAID OFF CONSISTENT WITH GUIDANCE PROMULGATED BY THE
  CHANCELLOR.  THE PRINCIPAL SHALL MAKE THE DECISION AFTER CONSIDERING THE
  RECOMMENDATIONS OF  A  SCHOOL-BASED  COMMITTEE  COMPRISED  OF  TEACHERS,
  ADMINISTRATORS  AND PARENTS.   THE FOLLOWING FACTORS SHALL BE CONSIDERED
  IN DETERMINING WHICH POSITIONS SHALL  BE  ABOLISHED  AND  WHICH  PERSONS
  OCCUPYING  SUCH  POSITIONS  ARE  TO  BE  LAID  OFF: (I) SCHOOL NEEDS FOR
  PARTICULAR LICENSE AREAS; AND (II) WHEN MORE THAN  ONE  PERSON  HOLDS  A
  POSITION  WITHIN  THE  SAME  LICENSE AREA, SIGNIFICANT RELEVANT CONTRIB-
  UTIONS, ACCOMPLISHMENTS, OR PERFORMANCE OF EACH  SUCH  PERSON;  RELEVANT
  SUPPLEMENTAL  PROFESSIONAL  EXPERIENCES  OF  EACH  SUCH PERSON AS DEMON-
  STRATED ON  THE  JOB;  OFFICE  OR  SCHOOL  NEEDS,  INCLUDING  CURRICULUM
  SPECIALIZED  EDUCATION,  DEGREES,  LICENSES  OR  AREAS OF EXPERTISE; AND
  LENGTH OF SATISFACTORY SERVICE BY EACH SUCH PERSON.  ANY  SUCH  GUIDANCE
  PROMULGATED  BY  THE CHANCELLOR SHALL NOT PERMIT AN EMPLOYEE'S LENGTH OF
  SERVICE TO BE THE SOLE FACTOR IN ANY DECISION REGARDING WHICH  POSITIONS
  ARE  TO BE ABOLISHED AND WHICH PERSONS OCCUPYING SUCH POSITIONS SHALL BE
  LAID OFF; PROVIDED, HOWEVER, THAT ANY  CONSIDERATION  OF  AN  EMPLOYEE'S
  LENGTH OF FAITHFUL AND COMPETENT SERVICE AS A FACTOR FOR THE ABOLISHMENT
  OF POSITIONS OR PERSONS TO BE LAID OFF OCCUPYING SUCH POSITIONS MAY ONLY
  BE CONSIDERED IN A MANNER BENEFICIAL TO AN EMPLOYEE AND THAT THE PROMUL-
  GATION  OF ANY SUCH GUIDANCE SHALL NOT PERMIT AN EMPLOYEE'S SALARY TO BE
  A FACTOR IN ANY DECISION REGARDING WHICH POSITIONS ARE TO  BE  ABOLISHED
  AND  WHICH  PERSONS  OCCUPYING  SUCH  POSITIONS  SHALL  BE LAID OFF; AND

 S. 3501                             6

  PROVIDED FURTHER THAT ANY SUCH GUIDANCE PROMULGATED  BY  THE  CHANCELLOR
  MUST  ENSURE  THAT  IN  A  HIGH-NEED SCHOOL THE NUMBER OF STAFF LAID OFF
  SHALL NOT EXCEED THE PERCENTAGE OF THE OVERALL NUMBER  OF  POSITIONS  IN
  THE  SCHOOL THAT REPRESENTS HALF OF THE AVERAGE PERCENTAGE OF STAFF LAID
  OFF CITYWIDE, PROVIDED HOWEVER, SAID PERCENTAGE MAY  BE  EXCEEDED  WHERE
  THE  CITY  SCHOOL DISTRICT CHOOSES TO ABOLISH ALL POSITIONS IN A LICENSE
  AREA PURSUANT TO SUBPARAGRAPH (IV) OF THIS PARAGRAPH.  SAID  PERCENTAGES
  SHALL  BE  CALCULATED  EXCLUDING  ANY  TEACHERS  OR SUPERVISORS LAID OFF
  PURSUANT TO SUBPARAGRAPHS (I) AND (II) OF THIS PARAGRAPH.  FOR  PURPOSES
  OF  THIS  SECTION,  A  HIGH-NEED  SCHOOL SHALL BE DEFINED AS A SCHOOL IN
  WHICH AT LEAST NINETY PERCENT OF  THE  ENROLLED  STUDENTS  ARE  ELIGIBLE
  APPLICANTS FOR THE FREE AND REDUCED PRICE LUNCH PROGRAM.
    (IV) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, RULE OR REGULATION TO
  THE  CONTRARY, ANY REGULATION PROMULGATED BY THE BOARD OF REGENTS OR ANY
  LOCALLY DEVELOPED PROCESS PURSUANT TO THE REQUIREMENTS OF ARTICLE  FOUR-
  TEEN  OF  THE  CIVIL  SERVICE LAW, THE CITY SCHOOL DISTRICT SHALL NOT BE
  PROHIBITED FROM ABOLISHING ALL  POSITIONS  IN  AN  ENTIRE  LICENSE  AREA
  PURSUANT TO GUIDANCE PROMULGATED BY THE CHANCELLOR.
    (B)  NOTWITHSTANDING ANY OTHER PROVISION OF LAW, RULE OR REGULATION TO
  THE CONTRARY, THE CITY SCHOOL DISTRICT  AND  ITS  EMPLOYEES'  COLLECTIVE
  BARGAINING  AGENTS SHALL ESTABLISH A PROCEDURE GOVERNING THE ABOLISHMENT
  OR REDUCTION OF TEACHING OR SUPERVISORY POSITIONS AT INDIVIDUAL  SCHOOLS
  IN  ORDER  TO  MEET SCHOOL BUDGETARY NEEDS, REORGANIZE FUNCTIONS, OR FOR
  OTHER COMPELLING REASONS OUTSIDE OF A CITYWIDE REDUCTION  IN  ACCORDANCE
  WITH  PARAGRAPH (A) OF THIS SUBDIVISION, PURSUANT TO THE REQUIREMENTS OF
  ARTICLE FOURTEEN OF THE CIVIL SERVICE LAW. ANY SUCH LOCALLY  ESTABLISHED
  PROCESS  SHALL NOT PERMIT AN EMPLOYEE'S LENGTH OF SERVICE TO BE THE SOLE
  FACTOR IN ANY DECISION REGARDING WHICH POSITIONS ARE TO BE ABOLISHED AND
  WHICH PERSONS OCCUPYING  SUCH  POSITIONS  SHALL  BE  EXCESSED;  PROVIDED
  HOWEVER  THAT  ANY CONSIDERATION OF AN EMPLOYEE'S LENGTH OF FAITHFUL AND
  COMPETENT SERVICE AS A  FACTOR  FOR  THE  ABOLISHMENT  OF  POSITIONS  OR
  PERSONS  TO  BE EXCESSED OCCUPYING SUCH POSITIONS MAY ONLY BE CONSIDERED
  IN A MANNER BENEFICIAL TO AN EMPLOYEE AND THAT THE PROMULGATION  OF  ANY
  SUCH  REGULATION SHALL NOT PERMIT AN EMPLOYEE'S SALARY TO BE A FACTOR IN
  ANY DECISION REGARDING WHICH POSITIONS ARE TO  BE  ABOLISHED  AND  WHICH
  PERSONS  OCCUPYING  SUCH  POSITIONS  SHALL  BE  EXCESSED.  FOR POSITIONS
  COVERED BY SECTION THREE THOUSAND TWELVE-C OF  THIS  CHAPTER,  ANY  SUCH
  LOCALLY  DEVELOPED  PROCESS  SHALL  BE  BASED ON THE ANNUAL PROFESSIONAL
  PERFORMANCE REVIEW FOR TEACHERS AND SUPERVISORS PURSUANT TO SUCH SECTION
  THREE THOUSAND TWELVE-C AND  ITS  IMPLEMENTING  REGULATIONS.  UNTIL  AND
  UNLESS  SUCH  A PROCESS HAS BEEN ESTABLISHED AT LEAST NINETY DAYS BEFORE
  THE START OF THE SCHOOL YEAR, THE FOLLOWING SHALL APPLY:

    (I) DECISIONS CONCERNING WHICH POSITIONS ARE TO BE ABOLISHED SHALL  BE
  MADE  IN  ACCORDANCE  WITH THE SAME PROCESS PRESCRIBED FOR MAKING LAYOFF
  DECISIONS SET FORTH IN SUBPARAGRAPHS (I) AND (II) OF  PARAGRAPH  (A)  OF
  THIS SUBDIVISION. IN THE CASE THAT THE NUMBER OF TEACHING OR SUPERVISORY
  EMPLOYEES  EXCESSED IS FEWER THAN THE NUMBER OF SUCH POSITIONS THAT MUST
  BE EXCESSED PURSUANT TO THIS SUBPARAGRAPH, THE BOARD  OF  REGENTS  SHALL
  PROMULGATE  REGULATIONS ESTABLISHING THE PROCESS TO BE USED TO DETERMINE
  WHICH POSITIONS SHALL BE ABOLISHED  AND  WHICH  PERSONS  OCCUPYING  SUCH
  POSITIONS  SHALL  BE  EXCESSED.  THE PROMULGATION OF ANY SUCH REGULATION
  SHALL NOT PERMIT AN EMPLOYEE'S LENGTH OF SERVICE TO BE THE  SOLE  FACTOR
  IN  ANY DECISION REGARDING WHICH POSITIONS ARE TO BE ABOLISHED AND WHICH
  PERSONS OCCUPYING SUCH POSITIONS SHALL  BE  EXCESSED;  PROVIDED  HOWEVER
  THAT ANY CONSIDERATION OF AN EMPLOYEE'S LENGTH OF FAITHFUL AND COMPETENT
  SERVICE  AS  A  FACTOR FOR THE ABOLISHMENT OF POSITIONS OR PERSONS TO BE

 S. 3501                             7

  EXCESSED OCCUPYING SUCH POSITIONS MAY ONLY BE  CONSIDERED  IN  A  MANNER
  BENEFICIAL  TO  AN  EMPLOYEE AND THAT THE PROMULGATION OF ANY SUCH REGU-
  LATION SHALL NOT PERMIT AN EMPLOYEE'S SALARY TO BE A FACTOR IN ANY DECI-
  SION  REGARDING  WHICH  POSITIONS  ARE TO BE ABOLISHED AND WHICH PERSONS
  OCCUPYING SUCH POSITIONS SHALL BE EXCESSED.  SHOULD THE BOARD OF REGENTS
  FAIL TO PROMULGATE REGULATIONS NO LATER THAN SEVENTY-FIVE DAYS PRIOR  TO
  THE FIRST DAY OF THE SCHOOL YEAR, THE BUILDING PRINCIPAL SHALL DETERMINE
  WHICH  TEACHERS OR SUPERVISORS ARE TO BE EXCESSED, CONSISTENT WITH GUID-
  ANCE PROMULGATED BY THE CHANCELLOR PURSUANT  TO  THIS  SUBDIVISION.  THE
  PRINCIPAL  SHALL MAKE THE DECISION AFTER CONSIDERING THE RECOMMENDATIONS
  OF A SCHOOL-BASED COMMITTEE COMPRISED OF  TEACHERS,  ADMINISTRATORS  AND
  PARENTS.  THE FOLLOWING FACTORS SHALL BE CONSIDERED IN DETERMINING WHICH
  POSITIONS  SHALL BE ABOLISHED AND WHICH PERSONS OCCUPYING SUCH POSITIONS
  ARE TO BE EXCESSED: (1) SCHOOL NEEDS FOR PARTICULAR LICENSE  AREAS;  AND
  (2)  WHEN  MORE THAN ONE PERSON HOLDS A POSITION WITHIN THE SAME LICENSE
  AREA: SIGNIFICANT RELEVANT CONTRIBUTIONS, ACCOMPLISHMENTS,  OR  PERFORM-
  ANCE OF EACH SUCH PERSON; RELEVANT SUPPLEMENTAL PROFESSIONAL EXPERIENCES
  OF  EACH SUCH PERSON AS DEMONSTRATED ON THE JOB; OFFICE OR SCHOOL NEEDS,
  INCLUDING: CURRICULUM SPECIALIZED EDUCATION, DEGREES, LICENSES OR  AREAS
  OF  EXPERTISE;  AND  LENGTH OF SATISFACTORY SERVICE BY EACH SUCH PERSON.
  ANY SUCH GUIDANCE PROMULGATED BY THE  CHANCELLOR  SHALL  NOT  PERMIT  AN
  EMPLOYEE'S  LENGTH  OF  SERVICE  TO  BE  THE SOLE FACTOR IN ANY DECISION
  REGARDING WHICH POSITIONS ARE TO BE ABOLISHED AND WHICH PERSONS  OCCUPY-
  ING  SUCH  POSITIONS  SHALL  BE  EXCESSED;  PROVIDED,  HOWEVER, THAT ANY
  CONSIDERATION OF AN EMPLOYEE'S LENGTH OF FAITHFUL AND COMPETENT  SERVICE
  AS  A  FACTOR FOR THE ABOLISHMENT OF POSITIONS OR PERSONS TO BE EXCESSED
  OCCUPYING SUCH POSITIONS MAY ONLY BE CONSIDERED IN A  MANNER  BENEFICIAL
  TO  AN EMPLOYEE AND THAT THE PROMULGATION OF ANY SUCH GUIDANCE SHALL NOT
  PERMIT AN EMPLOYEE'S SALARY TO BE A FACTOR  IN  ANY  DECISION  REGARDING
  WHICH  POSITIONS  ARE  TO  BE ABOLISHED AND WHICH PERSONS OCCUPYING SUCH
  POSITIONS SHALL BE LAID OFF.  SHOULD CITYWIDE LAYOFFS IN ACCORDANCE WITH
  PARAGRAPH (A) OF THIS SUBDIVISION BE CARRIED  OUT,  A  DETERMINATION  OF
  WHETHER  ANY  TEACHER OR SUPERVISOR SHALL BE LAID OFF WHOSE POSITION HAS
  BEEN ABOLISHED AND IS IN EXCESS FROM A REGULARLY APPOINTED  POSITION  IN
  THE DISTRICT FOR LESS THAN SIX MONTHS, SHALL BE MADE PURSUANT TO SUBPAR-
  AGRAPHS (I) AND (II) OF PARAGRAPH (A) OF THIS SUBDIVISION.
    S  4.  Subdivision  4 of section 2588 of the education law is REPEALED
  and a new subdivision 4 is added to read as follows:

    4. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, RULE OR  REGULATION  TO
  THE  CONTRARY,  THE  CITY  SCHOOL DISTRICT AND ITS COLLECTIVE BARGAINING
  AGENTS SHALL ESTABLISH A PROCEDURE PURSUANT TO THE REQUIREMENTS OF ARTI-
  CLE FOURTEEN OF THE CIVIL SERVICE LAW GOVERNING THE RIGHTS OF  EMPLOYEES
  TO  RETURN  TO  VACANT  POSITIONS IN THE CITY SCHOOL DISTRICT. UNTIL AND
  UNLESS A LOCALLY ESTABLISHED PROCEDURE IS ESTABLISHED  PURSUANT  TO  THE
  REQUIREMENTS OF ARTICLE FOURTEEN OF THE CIVIL SERVICE LAW, THE FOLLOWING
  SHALL APPLY CONCERNING THE RIGHTS OF EMPLOYEES TO RETURN TO VACANT POSI-
  TIONS.   WHENEVER A TEACHING OR SUPERVISORY POSITION IS ABOLISHED PURSU-
  ANT TO CLAUSES ONE AND TWO OF SUBPARAGRAPH (III)  OF  PARAGRAPH  (A)  OF
  SUBDIVISION  THREE  OF  THIS SECTION, SHOULD A VACANCY OCCUR IN THE SAME
  POSITION AT THE SAME SCHOOL OR ADMINISTRATIVE OFFICE WITHIN ONE YEAR  OF
  THE DATE WHEN THE POSITION WAS ABOLISHED, THE PRINCIPAL, OR THE CHANCEL-
  LOR  OR  HIS OR HER DESIGNEE, SHALL OFFER THE POSITION TO THE PERSON WHO
  HELD THE POSITION BEFORE IT WAS ABOLISHED.   IF THE PERSON  REJECTS  THE
  OFFER,  OR  FAILS TO RESPOND TO THE OFFER WITHIN THIRTY DAYS, THE PERSON
  SHALL NO LONGER HAVE A RIGHT TO RETURN TO THE POSITION. IF MORE THAN ONE
  POSITION WAS ABOLISHED IN THE SAME LICENSE AREA AT THE  SAME  SCHOOL  OR

 S. 3501                             8

  ADMINISTRATIVE OFFICE, AND THERE ARE FEWER VACANCIES IN THE SAME LICENSE
  AREA  THAN PERSONS WHOSE POSITIONS WERE ABOLISHED, THE PRINCIPAL, OR THE
  CHANCELLOR, SHALL HAVE THE DISCRETION TO DETERMINE WHICH  PERSON  SHOULD
  BE  OFFERED THE POSITION FIRST. THE CHANCELLOR SHALL PROMULGATE GUIDANCE
  TO DETERMINE THE RIGHT OF RETURN OF ANY TEACHERS OR SUPERVISORS LAID OFF
  PURSUANT TO SUBPARAGRAPH (IV) OF PARAGRAPH (A) OF SUBDIVISION  THREE  OF
  THIS  SECTION. TEACHERS OR SUPERVISORS LAID OFF PURSUANT TO SUBPARAGRAPH
  (I) OF PARAGRAPH (A) OF SUBDIVISION THREE OF THIS SECTION AND CLAUSE ONE
  OF SUBPARAGRAPH (II) OF PARAGRAPH  (A)  OF  SUBDIVISION  THREE  OF  THIS
  SECTION, SHALL HAVE NO RIGHTS TO RETURN TO A VACANT POSITION PURSUANT TO
  THIS SECTION.
    S 5. Subdivision 7 of section 2588 of the education law is REPEALED.
    S 6. Severability. If any clause, sentence, paragraph, section or part
  of  this act shall be adjudged by any court of competent jurisdiction to
  be invalid and after exhaustion of  all  further  judicial  review,  the
  judgment  shall  not affect, impair or invalidate the remainder thereof,
  but shall be confined in its operation to the  clause,  sentence,  para-
  graph,  section or part of this act directly involved in the controversy
  in which the judgment shall have been rendered.
    S 7. This act shall take effect immediately.