New York Education Code § 2588

Seniority, retention and displacement rights in connection with abolition of positions in city school districts of cities having more tha...
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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. 

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