NY State Senate Bill 2009-S6154

Archive: Last Bill Status - Vetoed by Governor

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Vetoed By Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Mar 30, 2010	vetoed memo.9
Mar 18, 2010	delivered to governor
Feb 22, 2010	returned to senate passed assembly ordered to third reading cal.165 substituted for a1812a
Feb 08, 2010	referred to education delivered to assembly passed senate
Feb 02, 2010	advanced to third reading
Feb 01, 2010	2nd report cal.
Jan 26, 2010	1st report cal.60
Jan 12, 2010	print number 6154b
Jan 12, 2010	amend and recommit to education
Jan 06, 2010	referred to education
Sep 21, 2009	print number 6154a
Sep 21, 2009	amend and recommit to rules
Sep 03, 2009	referred to rules

Votes

- Feb 8, 2010 - Floor Vote
  S6154
  
  61
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Feb 8, 2010
      
      aye (61)
      
      Adams
      
      Addabbo Jr.
      
      Alesi
      
      Aubertine
      
      Bonacic
      
      Breslin
      
      DeFrancisco
      
      Diaz
      
      Dilan
      
      Duane
      
      Espada
      
      Farley
      
      Flanagan
      
      Foley
      
      Fuschillo
      
      Golden
      
      Griffo
      
      Hannon
      
      Hassell-Thompson
      
      Huntley
      
      Johnson
      
      Johnson
      
      Klein
      
      Krueger
      
      Kruger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Leibell
      
      Libous
      
      Little
      
      Marcellino
      
      Maziarz
      
      McDonald
      
      Monserrate
      
      Montgomery
      
      Nozzolio
      
      Onorato
      
      Oppenheimer
      
      Padavan
      
      Parker
      
      Perkins
      
      Ranzenhofer
      
      Robach
      
      Saland
      
      Sampson
      
      Savino
      
      Schneiderman
      
      Serrano
      
      Seward
      
      Skelos
      
      Smith
      
      Squadron
      
      Stachowski
      
      Stavisky
      
      Stewart-Cousins
      
      Thompson
      
      Valesky
      
      Volker
      
      Winner
      
      Young
      
      excused (1)
      
      Morahan
  Jan 26, 2010 - Education Committee Vote
  S6154
  
  17
  
  Aye
  
  0
  
  Nay
  
  2
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Education Committee Vote: Jan 26, 2010
      
      aye (17)
      
      Addabbo Jr.
      
      Breslin
      
      Espada
      
      Flanagan
      
      Foley
      
      Huntley
      
      LaValle
      
      Little
      
      Marcellino
      
      Montgomery
      
      Oppenheimer
      
      Padavan
      
      Saland
      
      Serrano
      
      Seward
      
      Squadron
      
      Stavisky
      
      aye wr (2)
      
      Johnson
      
      Morahan

Bill Amendments

Original

B (Active)

2009-S6154 - Details

Law Section:: Education Law
Laws Affected:: Amd §§3014-a & 3014-b, Ed L
Versions Introduced in 2011-2012 Legislative Session:: S1588

2009-S6154 - Summary

Relates to teachers' rights; adds other specified personnel to teachers and teaching assistants where the board of cooperative educational services takes over a program.

2009-S6154 - Sponsor Memo

                                 BILL NUMBER:  S6154

 TITLE OF BILL :
An act to amend the education law, in relation to teachers' rights


 PURPOSE :
The purpose of this legislation is to protect the rights of certain
specified school district personnel when a school district takes over
a program formerly operated by a Board of Cooperative Educational
Services (BOCES) and vice versa.

 SUMMARY OF PROVISIONS :
This legislation amends sections 30 14-a and 30 14-b of the Education
Law to include "other specified personnel" under the protections of
each section. Sections 3014-a and 3014-b are each amended to include a
new subdivision 6 to define the term "other specified personnel." The
new subdivisions define other specified personnel to mean any person
certified to the state civil service commission by the commissioner
pursuant to section 35(g) of the civil service law providing
instructional, ancillary or supportive educational services and any
licensed health professional who is principally engaged in providing
health services.

 JUSTIFICATION :
This legislation is in response to years of unnecessary litigation and

judicial holdings surrounding the transfer and recall rights of BOCES
and school district personnel. These amendments are not intended to
reflect a change in the law, but rather are intended as a
clarification that the Legislature did not intend to exclude other
education professionals from the protections of the Education Law.
The legal question revolved around what other professional employees
other than classroom teachers are considered "teachers" for purposes
of being afforded 3014-a and 3014-b protections. First, teaching
assistants were excluded (Anderson v. Cortland City School District,
147 Misc. 2d 7 (Sup. Ct., Onondaga Co., 1990), affd 171 AD.2d 1017
(4th Dep't 1991 )), then the concept was expanded to exclude school
psychologists (Fink v. Avon Central School District, 207 AD.2d 973
(4th Dep't 1995), Iv. app. den., 85 N.Y.2d 804 (1995)), an d lastly,
school counselors and social workers were excluded from the
protections of the statute (North Tonawanda City School District v.
Mills, 263 AD.2d 574 (3rd Dep't 1999), Iv. app. den., 94 N.Y.2d 751
(1999)).  In 1998, the Legislature corrected the problem presented by
the Anderson case and the statutes were amended to extend protections
to teaching assistants and teacher aides (L.1998, c.511 § 1), however,
nothing further was done to clarify the status of other school
professionals. In fact, in holding that school counselors and social
workers were excluded from the protection of the statutes, the court
noted that "the Legislature's recent amendment of Education Law §3014b
to include 'teaching assistants and teacher aids' reveals that the
term 'teacher' has a very narrow meaning as used in the section at
issue." As the legislature never intended the results of these
holdings, this bill would correct years of litigation where by other
BOCES and school district personnel were excluded from the transfer
and recall rights to which they were entitled.  Education Law sections
3014-a and 3014-b should protect other professionals, including, but
not limited to school psychologists, guidance counselors, social
workers, other pupil personnel service providers, and licensed health
professionals, including but not limited to physical therapists and
occupational therapists.

 LEGISLATIVE HISTORY :
S.6272/2008

 FISCAL IMPLICATIONS :
To be determined.
 EFFECTIVE DATE :
September 10, 2010

2009-S6154 - Bill Text download pdf

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

                                  6154

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            September 3, 2009
                               ___________

Introduced  by  Sen.  OPPENHEIMER -- read twice and ordered printed, and
  when printed to be committed to the Committee on Rules

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:

  Section  1. Section 3014-a of the education law, as amended by chapter
511 of the laws of 1998, is amended to read as follows:
  S 3014-a. Teachers' rights as a result of a board or boards of cooper-
ative educational services taking over a program formerly operated by  a
school  district  or  districts  or by a county vocational education and
extension board. 1. In any case in which a board or  boards  of  cooper-
ative  educational  services  duly  take over the operation of a program
formerly provided by a school district or school districts or by a coun-
ty vocational education and  extension  board,  each  teacher,  teaching
assistant [and], teacher aide, AND OTHER SPECIFIED PERSONNEL employed in
such  a  program  by  such a school district or such a county vocational
education and extension board at the time of such takeover by the  board
or  boards  of  cooperative educational services, shall be considered an
employee of such board or boards  of  cooperative  educational  services
with  the  same  tenure  or civil service status he OR SHE maintained in
such school district or in such county vocational education  and  exten-
sion board.
  2.  If the number of teaching positions needed to provide the services
required by such program by the board or boards  of  cooperative  educa-
tional services is less than the number of teachers, teaching assistants
[and],  teacher  aides,  AND  OTHER  SPECIFIED  PERSONNEL eligible to be
considered employees of such board or boards of cooperative  educational
services as provided by subdivision one of this section, the services of
the teachers, teaching assistants [and], teacher aides, AND OTHER SPECI-
FIED  PERSONNEL  having  the  least  seniority in the school district or
school districts or county  vocational  education  and  extension  board

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01389-03-9

S. 6154                             2

whose  programs  are  taken  over  by the board or boards of cooperative
educational services within the tenure area or civil  service  title  of
the  position  shall be discontinued. Such teachers, teaching assistants
[and], teacher aides, AND OTHER SPECIFIED PERSONNEL shall be placed on a
preferred  eligible list of candidates for appointment to a vacancy that
may thereafter occur in an office or position under the jurisdiction  of
the  board  or boards of cooperative educational services similar to the
one such teacher, teaching assistant  [and],  teacher  aide,  AND  OTHER
SPECIFIED  PERSONNEL  filled in such school district or school districts
or such county vocational education and extension board.  The  teachers,
teaching  assistants [and], teacher aides, AND OTHER SPECIFIED PERSONNEL
on such preferred list shall be reinstated or appointed to  such  vacan-
cies  in  such corresponding or similar positions under the jurisdiction
of the board or boards of cooperative educational services in the  order
of  their  length of service in such school district or school districts
or in such county vocational education and extension board, within seven
years from the date of the abolition of such office or position.
  3. For any such teacher, teaching assistant [and], teacher  aide,  AND
OTHER  SPECIFIED  PERSONNEL  as  set  forth  in  subdivision one of this
section for salary, sick leave and any other  purposes,  the  length  of
service  credited  in  such school district or in such county vocational
education and extension board shall be credited as employment time  with
such board or boards of cooperative educational services.
  4.  This  section  shall in no way be construed to limit the rights of
any of such employees set forth in this section  granted  by  any  other
provision of law.
  5.  Program  takeovers  pursuant to this section shall be considered a
transfer pursuant to section seventy of the civil service law.
  6. FOR THE PURPOSES OF THIS SECTION, "OTHER SPECIFIED PERSONNEL" SHALL
MEAN ANY PERSON CERTIFIED TO THE STATE CIVIL SERVICE COMMISSION  BY  THE
COMMISSIONER  PURSUANT  TO SUBDIVISION (G) OF SECTION THIRTY-FIVE OF THE
CIVIL SERVICE LAW  PROVIDING  INSTRUCTIONAL,  ANCILLARY,  OR  SUPPORTIVE
EDUCATIONAL SERVICES AND ANY LICENSED HEALTH PROFESSIONAL WHO IS PRINCI-
PALLY ENGAGED IN PROVIDING HEALTH SERVICES.
  S 2. Section 3014-b of the education law, as amended by chapter 511 of
the laws of 1998, is amended to read as follows:
  S 3014-b. Teachers'  rights  as  a  result of a school district taking
over a program formerly operated by a board of  cooperative  educational
services.  1. In any case in which a school district duly takes over the
operation of a program formerly  provided  by  a  board  of  cooperative
educational  services,  each  teacher, teaching assistant [and], teacher
aide, AND OTHER SPECIFIED PERSONNEL employed in such a program by such a
board of cooperative educational services at the time of  such  takeover
by  the  school  district shall be considered an employee of such school
district, with the same tenure or civil service status he OR  SHE  main-
tained in such board of cooperative educational services.
  2.  If the number of teaching positions needed to provide the services
required by such program by the school district is less than the  number
of  teachers, teaching assistants [and], teacher aides, AND OTHER SPECI-
FIED PERSONNEL eligible  to  be  considered  employees  of  such  school
district as provided by subdivision one of this section, the services of
the teachers, teaching assistants [and], teacher aides, AND OTHER SPECI-
FIED  PERSONNEL  having  the least seniority in the board of cooperative
educational services  whose  programs  are  taken  over  by  the  school
district  within  the tenure area or civil service title of the position
shall be discontinued. Such teachers, teaching assistants [and], teacher

S. 6154                             3

aides, AND OTHER SPECIFIED PERSONNEL shall  be  placed  on  a  preferred
eligible list of candidates for appointment to a vacancy that may there-
after  occur  in  an  office  or  position under the jurisdiction of the
school  district  similar  to  the  one such teacher, teaching assistant
[and], teacher aide, AND OTHER SPECIFIED PERSONNEL filled in such  board
of  cooperative  educational services. The teachers, teaching assistants
[and], teacher aides, AND OTHER SPECIFIED PERSONNEL  on  such  preferred
list  shall  be reinstated or appointed to such vacancies in such corre-
sponding or similar positions  under  the  jurisdiction  of  the  school
district  in the order of their length of service in such board of coop-
erative educational services, within seven years from the  date  of  the
abolition of such office or position.
  3.  For  any such teacher, teaching assistant [and], teacher aide, AND
OTHER SPECIFIED PERSONNEL as  set  forth  in  subdivision  one  of  this
section  for  salary,  sick  leave and any other purposes, the length of
service credited in such board of cooperative educational services shall
be credited as employment time with such school district.
  4. In the event that more than one school district duly takes over the
operation of a program formerly  provided  by  a  board  of  cooperative
educational  services,  then  each  teacher,  teaching  assistant [and],
teacher aide, AND OTHER SPECIFIED PERSONNEL employed in such program  by
such board of cooperative educational services at the time of such take-
over  by  more  than  one  school  district, shall select the particular
school district in which he OR SHE shall be considered an employee, with
all of the rights and privileges provided by  the  other  provisions  of
this  section.  Such selection of the particular school district by such
teacher, teaching assistant [and], teacher  aide,  AND  OTHER  SPECIFIED
PERSONNEL  is  to  be based upon the seniority of each teacher, teaching
assistant [and], teacher aide, AND OTHER  SPECIFIED  PERSONNEL  in  such
board  of  cooperative educational services, with the right of selection
passing from such teachers, teaching assistants  [and],  teacher  aides,
AND  OTHER SPECIFIED PERSONNEL with the most seniority to such teachers,
teaching assistants [and], teacher aides, AND OTHER SPECIFIED  PERSONNEL
with  least  seniority.    Any  such  teacher, teaching assistant [and],
teacher aide, AND OTHER SPECIFIED PERSONNEL who is unable  to  obtain  a
teaching  position  in  any  such school districts because the number of
positions needed to provide the services required in such programs  with
such  school  districts  are  less than the number of teachers, teaching
assistants [and], teachers aides, AND OTHER SPECIFIED PERSONNEL eligible
to be considered employees of such school districts, shall be placed  on
a preferred eligible list in all such school districts in the method and
with all of the rights provided by the other provisions of this section.
  5.  This  section  shall in no way be construed to limit the rights of
any of such employees set forth in this section  granted  by  any  other
provision of law.
  6. FOR THE PURPOSES OF THIS SECTION, "OTHER SPECIFIED PERSONNEL" SHALL
MEAN  ANY  PERSON CERTIFIED TO THE STATE CIVIL SERVICE COMMISSION BY THE
COMMISSIONER PURSUANT TO SUBDIVISION (G) OF SECTION THIRTY-FIVE  OF  THE
CIVIL  SERVICE  LAW  PROVIDING  INSTRUCTIONAL,  ANCILLARY, OR SUPPORTIVE
EDUCATIONAL SERVICES AND ANY LICENSED HEALTH PROFESSIONAL WHO IS PRINCI-
PALLY ENGAGED IN PROVIDING HEALTH SERVICES.
  S 3. This act shall take effect September 1, 2010.

2009-S6154A - Details

Law Section:: Education Law
Laws Affected:: Amd §§3014-a & 3014-b, Ed L
Versions Introduced in 2011-2012 Legislative Session:: S1588

2009-S6154A - Summary

Relates to teachers' rights; adds other specified personnel to teachers and teaching assistants where the board of cooperative educational services takes over a program.

2009-S6154A - Sponsor Memo

                                 BILL NUMBER:  S6154A

 TITLE OF BILL :
An act to amend the education law, in relation to teachers' rights


 PURPOSE :
The purpose of this legislation is to protect the rights of certain
specified school district personnel when a school district takes over
program formerly operated by a Board of cooperative Educational
Service (BOCES) and vice versa.

 SUMMARY OF PROVISIONS :
This legislation amends sections 3014-a and 3014-b of the Education
Law to include "other specified personnel" under the protections of
each section. Sections 3014-a and 3014-b are each amended to include a
new subdivision 6 to define the term "other specified personnel." The
new subdivisions define other specified personnel to mean any person
certified to the state civil service commission by the commissioner
pursuant to section 35(g) of the civil service law providing
instructional, ancillary or supportive educational services and any
licensed health professional who is principally engaged in providing
health services.

 JUSTIFICATION :
This legislation is in response to years of unnecessary litigation and

judicial holdings surrounding the transfer and recall rights of BOCES
and school district personnel. These amendments are not intended to
reflect a change in the law, but rather are intended as a
clarification that the Legislature did not intend to exclude other
education professionals from the protections of the Education Law.
The legal question revolved around what other professional employees
other than classroom teachers are considered "teachers" for purposes
of being afforded 3014 and 3014-b protections. First, teaching
assistants were excluded (Anderson v. Cortland City School District,
147 Misc. 2d 7 (Sup. Ct., Onondaga Co., 1990), affd 171 AD.2d 1017
(4th Dep't 1991)), then the concept was expanded to exclude school
psychologists (Fink v. Avon Central School District, 207 AD.2d 973
(4th Dep't 1995), Iv. app. den., 85 N.Y.2d 804 (1995)), and lastly,
school counselors and social workers were excluded from the
protections of the statute (North Tonawanda City School District v.
Mills, 263 AD.2d 574 (3rd Dep't 1999), Iv. app. den., 94 N.Y.2d 751
(1999¤. In 1998, the Legislature corrected the problem presented by
the Anderson case and the statutes were amended to extend protections
to teaching assistants and teacher aides (L.1998, c.511 § 1), however,
nothing further was done to clarify the status of other school
professionals. In fact, in holding that school counselors and social
workers were excluded from the protection of the statutes, the court
noted that "the Legislature's recent amendment of Education Law §3014b
to include 'teaching assistants and teacher aids' reveals that the
term 'teacher' has a very narrow meaning as used in the section at
issue." As the legislature never intended the results of these holding
this bill would correct years of litigation where by other BOCES and
school district personnel were excluded from the transfer and recall
rights to which they were entitled. Education Law sections 3014-a and
3014-b should protect other professionals, including, but not limited
school psychologists, guidance counselors, social workers, other pupil
personnel service providers, and licensed health professionals,
including but not limited to physical therapists and occupational
therapists.

 LEGISLATIVE HISTORY :
S.6272/2008

 FISCAL IMPLICATIONS :
To be determined.
 EFFECTIVE DATE :
September 1, 2009

2009-S6154A - Bill Text download pdf

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

                                 6154--A

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            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

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:

  Section 1. Section 3014-a of the education law, as amended by  chapter
511 of the laws of 1998, is amended to read as follows:
  S 3014-a. Teachers' rights as a result of a board or boards of cooper-
ative  educational services taking over a program formerly operated by a
school district or districts or by a  county  vocational  education  and
extension  board.  1.  In any case in which a board or boards of cooper-
ative educational services duly take over the  operation  of  a  program
formerly provided by a school district or school districts or by a coun-
ty  vocational  education  and  extension  board, each teacher, teaching
assistant [and], teacher aide, AND OTHER SPECIFIED PERSONNEL employed in
such a program by such a school district or  such  a  county  vocational
education  and extension board at the time of such takeover by the board
or boards of cooperative educational services, shall  be  considered  an
employee  of  such  board  or boards of cooperative educational services
with the same tenure or civil service status he  OR  SHE  maintained  in
such  school  district or in such county vocational education and exten-
sion board.
  2. If the number of teaching positions needed to provide the  services
required  by  such  program by the board or boards of cooperative educa-
tional services is less than the number of teachers, teaching assistants
[and], teacher aides, AND  OTHER  SPECIFIED  PERSONNEL  eligible  to  be
considered  employees of such board or boards of cooperative educational
services as provided by subdivision one of this section, the services of
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.
                                                           LBD01389-04-9

S. 6154--A                          2

FIED PERSONNEL having the least seniority  in  the  school  district  or
school  districts  or  county  vocational  education and extension board
whose programs are taken over by the  board  or  boards  of  cooperative
educational  services  within  the tenure area or civil service title of
the position shall be discontinued. Such teachers,  teaching  assistants
[and], teacher aides, AND OTHER SPECIFIED PERSONNEL shall be placed on a
preferred  eligible list of candidates for appointment to a vacancy that
may thereafter occur in an office or position under the jurisdiction  of
the  board  or boards of cooperative educational services similar to the
one such teacher, teaching assistant  [and],  teacher  aide,  AND  OTHER
SPECIFIED  PERSONNEL  filled in such school district or school districts
or such county vocational education and extension board.  The  teachers,
teaching  assistants [and], teacher aides, AND OTHER SPECIFIED PERSONNEL
on such preferred list shall be reinstated or appointed to  such  vacan-
cies  in  such corresponding or similar positions under the jurisdiction
of the board or boards of cooperative educational services in the  order
of  their  length of service in such school district or school districts
or in such county vocational education and extension board, within seven
years from the date of the abolition of such office or position.
  3. For any such teacher, teaching assistant [and], teacher  aide,  AND
OTHER  SPECIFIED  PERSONNEL  as  set  forth  in  subdivision one of this
section for salary, sick leave and any other  purposes,  the  length  of
service  credited  in  such school district or in such county vocational
education and extension board shall be credited as employment time  with
such board or boards of cooperative educational services.
  4.  This  section  shall in no way be construed to limit the rights of
any of such employees set forth in this section  granted  by  any  other
provision of law.
  5.  Program  takeovers  pursuant to this section shall be considered a
transfer pursuant to section seventy of the civil service law.
  6. FOR THE PURPOSES OF THIS SECTION, "OTHER SPECIFIED PERSONNEL" SHALL
MEAN ANY PERSON CERTIFIED TO THE STATE CIVIL SERVICE COMMISSION  BY  THE
COMMISSIONER  PURSUANT  TO SUBDIVISION (G) OF SECTION THIRTY-FIVE OF THE
CIVIL SERVICE LAW  PROVIDING  INSTRUCTIONAL,  ANCILLARY,  OR  SUPPORTIVE
EDUCATIONAL SERVICES AND ANY LICENSED HEALTH PROFESSIONAL WHO IS PRINCI-
PALLY ENGAGED IN PROVIDING HEALTH SERVICES.
  S 2. Section 3014-b of the education law, as amended by chapter 511 of
the laws of 1998, is amended to read as follows:
  S 3014-b. Teachers'  rights  as  a  result of a school district taking
over a program formerly operated by a board of  cooperative  educational
services.  1. In any case in which a school district duly takes over the
operation of a program formerly  provided  by  a  board  of  cooperative
educational  services,  each  teacher, teaching assistant [and], teacher
aide, AND OTHER SPECIFIED PERSONNEL employed in such a program by such a
board of cooperative educational services at the time of  such  takeover
by  the  school  district shall be considered an employee of such school
district, with the same tenure or civil service status he OR  SHE  main-
tained in such board of cooperative educational services.
  2.  If the number of teaching positions needed to provide the services
required by such program by the school district is less than the  number
of  teachers, teaching assistants [and], teacher aides, AND OTHER SPECI-
FIED PERSONNEL eligible  to  be  considered  employees  of  such  school
district as provided by subdivision one of this section, the services of
the teachers, teaching assistants [and], teacher aides, AND OTHER SPECI-
FIED  PERSONNEL  having  the least seniority in the board of cooperative
educational services  whose  programs  are  taken  over  by  the  school

S. 6154--A                          3

district  within  the tenure area or civil service title of the position
shall be discontinued. Such teachers, teaching assistants [and], teacher
aides, AND OTHER SPECIFIED PERSONNEL shall  be  placed  on  a  preferred
eligible list of candidates for appointment to a vacancy that may there-
after  occur  in  an  office  or  position under the jurisdiction of the
school district similar to the  one  such  teacher,  teaching  assistant
[and],  teacher aide, AND OTHER SPECIFIED PERSONNEL filled in such board
of cooperative educational services. The teachers,  teaching  assistants
[and],  teacher  aides,  AND OTHER SPECIFIED PERSONNEL on such preferred
list shall be reinstated or appointed to such vacancies in  such  corre-
sponding  or  similar  positions  under  the  jurisdiction of the school
district in the order of their length of service in such board of  coop-
erative  educational  services,  within seven years from the date of the
abolition of such office or position.
  3. For any such teacher, teaching assistant [and], teacher  aide,  AND
OTHER  SPECIFIED  PERSONNEL  as  set  forth  in  subdivision one of this
section for salary, sick leave and any other  purposes,  the  length  of
service credited in such board of cooperative educational services shall
be credited as employment time with such school district.
  4. In the event that more than one school district duly takes over the
operation  of  a  program  formerly  provided  by a board of cooperative
educational services,  then  each  teacher,  teaching  assistant  [and],
teacher  aide, AND OTHER SPECIFIED PERSONNEL employed in such program by
such board of cooperative educational services at the time of such take-
over by more than one  school  district,  shall  select  the  particular
school district in which he OR SHE shall be considered an employee, with
all  of  the  rights  and privileges provided by the other provisions of
this section. Such selection of the particular school district  by  such
teacher,  teaching  assistant  [and],  teacher aide, AND OTHER SPECIFIED
PERSONNEL is to be based upon the seniority of  each  teacher,  teaching
assistant  [and],  teacher  aide,  AND OTHER SPECIFIED PERSONNEL in such
board of cooperative educational services, with the right  of  selection
passing  from  such  teachers, teaching assistants [and], teacher aides,
AND OTHER SPECIFIED PERSONNEL with the most seniority to such  teachers,
teaching  assistants [and], teacher aides, AND OTHER SPECIFIED PERSONNEL
with least seniority.   Any  such  teacher,  teaching  assistant  [and],
teacher  aide,  AND  OTHER SPECIFIED PERSONNEL who is unable to obtain a
teaching position in any such school districts  because  the  number  of
positions  needed to provide the services required in such programs with
such school districts are less than the  number  of  teachers,  teaching
assistants [and], teachers aides, AND OTHER SPECIFIED PERSONNEL eligible
to  be considered employees of such school districts, shall be placed on
a preferred eligible list in all such school districts in the method and
with all of the rights provided by the other provisions of this section.
  5. This section shall in no way be construed to limit  the  rights  of
any  of  such  employees  set forth in this section granted by any other
provision of law.
  6. FOR THE PURPOSES OF THIS SECTION, "OTHER SPECIFIED PERSONNEL" SHALL
MEAN ANY PERSON CERTIFIED TO THE STATE CIVIL SERVICE COMMISSION  BY  THE
COMMISSIONER  PURSUANT  TO SUBDIVISION (G) OF SECTION THIRTY-FIVE OF THE
CIVIL SERVICE LAW  PROVIDING  INSTRUCTIONAL,  ANCILLARY,  OR  SUPPORTIVE
EDUCATIONAL SERVICES AND ANY LICENSED HEALTH PROFESSIONAL WHO IS PRINCI-
PALLY ENGAGED IN PROVIDING HEALTH SERVICES.
  S 3. This act shall take effect September 1, 2009.

2009-S6154B (ACTIVE) - Details

Law Section:: Education Law
Laws Affected:: Amd §§3014-a & 3014-b, Ed L
Versions Introduced in 2011-2012 Legislative Session:: S1588

2009-S6154B (ACTIVE) - Summary

Relates to teachers' rights; adds other specified personnel to teachers and teaching assistants where the board of cooperative educational services takes over a program.

2009-S6154B (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S6154B

 TITLE OF BILL :
An act to amend the education law, in relation to teachers' rights


 PURPOSE :
The purpose of this legislation is to protect the rights of certain
specified school district personnel when a school district takes over
program formerly operated by a Board of cooperative Educational
Service (BOCES) and vice versa.

 SUMMARY OF PROVISIONS :
This legislation amends sections 3014-a and 3014-b of the Education
Law to include "other specified personnel" under the protections of
each section. Sections 3014-a and 3014-b are each amended to include a
new subdivision 6 to define the term "other specified personnel." The
new subdivisions define other specified personnel to mean any person
certified to the state civil service commission by the commissioner
pursuant to section 35(g) of the civil service law providing
instructional, ancillary or supportive educational services and any
licensed health professional who is principally engaged in providing
health services.

 JUSTIFICATION :
This legislation is in response to years of unnecessary litigation and

judicial holdings surrounding the transfer and recall rights of BOCES
and school district personnel. These amendments are not intended to
reflect a change in the law, but rather are intended as a
clarification that the Legislature did not intend to exclude other
education professionals from the protections of the Education Law.
The legal question revolved around what other professional employees
other than classroom teachers are considered "teachers" for purposes
of being afforded 3014 and 3014-b protections. First, teaching
assistants were excluded (Anderson v.  Cortland City School District,
147 Mis,c. 2d 7 (Sup. Ct., Onondaga Co., 1990), affd 171 AD.2d 1017
(4th Dep't 1991 )), then the concept was expanded to exclude school
psychologists (Fink v.  Avon Central School District, 207 AD.2d 973
(4th Dep't 1995), Iv. app.  den., 85 N.Y.2d 804 (1995¤, and lastly,
school counselors and social workers were excluded from the
protections of the statute (North Tonawanda City School District v.
Mills, 263 AD.2d 574 (3rd Dep't 1999), Iv.  app. den., 94 N.Y.2d 751
(1999).

In 1998, the Legislature corrected the problem presented by the
Anderson case and the statutes were amended to extend protections to
teaching assistants and teacher aides (L.1998, c.511 § 1), however,
nothing further was done to clarify the status of other school
professionals. In fact, in holding that school counselors and social
workers were excluded from the protection of the statutes, the court
noted that "the Legislature's recent amendment of Education Law §3014b
to include 'teaching assistants and teacher aids' reveals that the
term 'teacher' has a very narrow meaning as used in the section at
issue." As the legislature never intended the results of these holding
this bill would correct years of litigation where by other BOCES and
school district personnel were excluded from the transfer and recall
rights to which they were entitled.  Education Law sections 3014-a and
3014-b should protect other professionals, including, but not limited
to school psychologists, guidance counselors, social workers, other
pupil personnel service providers, and licensed health professionals,
including but not limited to physical therapists and occupational
therapists.

 LEGISLATIVE HISTORY :
S.6272 of 2008

 FISCAL IMPLICATIONS :
To be determined.

 EFFECTIVE DATE :
This act shall take effect September 1, 2010.

2009-S6154B (ACTIVE) - Bill Text download pdf

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

                                 6154--B

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            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:

  Section  1. Section 3014-a of the education law, as amended by chapter
511 of the laws of 1998, is amended to read as follows:
  S 3014-a. Teachers' rights as a result of a board or boards of cooper-
ative educational services taking over a program formerly operated by  a
school  district  or  districts  or by a county vocational education and
extension board. 1. In any case in which a board or  boards  of  cooper-
ative  educational  services  duly  take over the operation of a program
formerly provided by a school district or school districts or by a coun-
ty vocational education and  extension  board,  each  teacher,  teaching
assistant [and], teacher aide, AND OTHER SPECIFIED PERSONNEL employed in
such  a  program  by  such a school district or such a county vocational
education and extension board at the time of such takeover by the  board
or  boards  of  cooperative educational services, shall be considered an
employee of such board or boards  of  cooperative  educational  services
with  the  same  tenure  or civil service status he OR SHE maintained in
such school district or in such county vocational education  and  exten-
sion board.
  2.  If the number of teaching positions needed to provide the services
required by such program by the board or boards  of  cooperative  educa-
tional services is less than the number of teachers, teaching assistants
[and],  teacher  aides,  AND  OTHER  SPECIFIED  PERSONNEL eligible to be
considered employees of such board or boards of cooperative  educational
services as provided by subdivision one of this section, the services of
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

FIED  PERSONNEL  having  the  least  seniority in the school district or
school districts or county  vocational  education  and  extension  board
whose  programs  are  taken  over  by the board or boards of cooperative
educational  services  within  the tenure area or civil service title of
the position shall be discontinued. Such teachers,  teaching  assistants
[and], teacher aides, AND OTHER SPECIFIED PERSONNEL shall be placed on a
preferred  eligible list of candidates for appointment to a vacancy that
may thereafter occur in an office or position under the jurisdiction  of
the  board  or boards of cooperative educational services similar to the
one such teacher, teaching assistant  [and],  teacher  aide,  AND  OTHER
SPECIFIED  PERSONNEL  filled in such school district or school districts
or such county vocational education and extension board.  The  teachers,
teaching  assistants [and], teacher aides, AND OTHER SPECIFIED PERSONNEL
on such preferred list shall be reinstated or appointed to  such  vacan-
cies  in  such corresponding or similar positions under the jurisdiction
of the board or boards of cooperative educational services in the  order
of  their  length of service in such school district or school districts
or in such county vocational education and extension board, within seven
years from the date of the abolition of such office or position.
  3. For any such teacher, teaching assistant [and], teacher  aide,  AND
OTHER  SPECIFIED  PERSONNEL  as  set  forth  in  subdivision one of this
section for salary, sick leave and any other  purposes,  the  length  of
service  credited  in  such school district or in such county vocational
education and extension board shall be credited as employment time  with
such board or boards of cooperative educational services.
  4.  This  section  shall in no way be construed to limit the rights of
any of such employees set forth in this section  granted  by  any  other
provision of law.
  5.  Program  takeovers  pursuant to this section shall be considered a
transfer pursuant to section seventy of the civil service law.
  6. FOR THE PURPOSES OF THIS SECTION, "OTHER SPECIFIED PERSONNEL" SHALL
MEAN ANY PERSON CERTIFIED TO THE STATE CIVIL SERVICE COMMISSION  BY  THE
COMMISSIONER  PURSUANT  TO SUBDIVISION (G) OF SECTION THIRTY-FIVE OF THE
CIVIL SERVICE LAW  PROVIDING  INSTRUCTIONAL,  ANCILLARY,  OR  SUPPORTIVE
EDUCATIONAL SERVICES AND ANY LICENSED HEALTH PROFESSIONAL WHO IS PRINCI-
PALLY ENGAGED IN PROVIDING HEALTH SERVICES.
  S 2. Section 3014-b of the education law, as amended by chapter 511 of
the laws of 1998, is amended to read as follows:
  S 3014-b. Teachers'  rights  as  a  result of a school district taking
over a program formerly operated by a board of  cooperative  educational
services.  1. In any case in which a school district duly takes over the
operation of a program formerly  provided  by  a  board  of  cooperative
educational  services,  each  teacher, teaching assistant [and], teacher
aide, AND OTHER SPECIFIED PERSONNEL employed in such a program by such a
board of cooperative educational services at the time of  such  takeover
by  the  school  district shall be considered an employee of such school
district, with the same tenure or civil service status he OR  SHE  main-
tained in such board of cooperative educational services.
  2.  If the number of teaching positions needed to provide the services
required by such program by the school district is less than the  number
of  teachers, teaching assistants [and], teacher aides, AND OTHER SPECI-
FIED PERSONNEL eligible  to  be  considered  employees  of  such  school
district as provided by subdivision one of this section, the services of
the teachers, teaching assistants [and], teacher aides, AND OTHER SPECI-
FIED  PERSONNEL  having  the least seniority in the board of cooperative
educational services  whose  programs  are  taken  over  by  the  school

S. 6154--B                          3

district  within  the tenure area or civil service title of the position
shall be discontinued. Such teachers, teaching assistants [and], teacher
aides, AND OTHER SPECIFIED PERSONNEL shall  be  placed  on  a  preferred
eligible list of candidates for appointment to a vacancy that may there-
after  occur  in  an  office  or  position under the jurisdiction of the
school district similar to the  one  such  teacher,  teaching  assistant
[and],  teacher aide, AND OTHER SPECIFIED PERSONNEL filled in such board
of cooperative educational services. The teachers,  teaching  assistants
[and],  teacher  aides,  AND OTHER SPECIFIED PERSONNEL on such preferred
list shall be reinstated or appointed to such vacancies in  such  corre-
sponding  or  similar  positions  under  the  jurisdiction of the school
district in the order of their length of service in such board of  coop-
erative  educational  services,  within seven years from the date of the
abolition of such office or position.
  3. For any such teacher, teaching assistant [and], teacher  aide,  AND
OTHER  SPECIFIED  PERSONNEL  as  set  forth  in  subdivision one of this
section for salary, sick leave and any other  purposes,  the  length  of
service credited in such board of cooperative educational services shall
be credited as employment time with such school district.
  4. In the event that more than one school district duly takes over the
operation  of  a  program  formerly  provided  by a board of cooperative
educational services,  then  each  teacher,  teaching  assistant  [and],
teacher  aide, AND OTHER SPECIFIED PERSONNEL employed in such program by
such board of cooperative educational services at the time of such take-
over by more than one  school  district,  shall  select  the  particular
school district in which he OR SHE shall be considered an employee, with
all  of  the  rights  and privileges provided by the other provisions of
this section. Such selection of the particular school district  by  such
teacher,  teaching  assistant  [and],  teacher aide, AND OTHER SPECIFIED
PERSONNEL is to be based upon the seniority of  each  teacher,  teaching
assistant  [and],  teacher  aide,  AND OTHER SPECIFIED PERSONNEL in such
board of cooperative educational services, with the right  of  selection
passing  from  such  teachers, teaching assistants [and], teacher aides,
AND OTHER SPECIFIED PERSONNEL with the most seniority to such  teachers,
teaching  assistants [and], teacher aides, AND OTHER SPECIFIED PERSONNEL
with least seniority.   Any  such  teacher,  teaching  assistant  [and],
teacher  aide,  AND  OTHER SPECIFIED PERSONNEL who is unable to obtain a
teaching position in any such school districts  because  the  number  of
positions  needed to provide the services required in such programs with
such school districts are less than the  number  of  teachers,  teaching
assistants [and], teachers aides, AND OTHER SPECIFIED PERSONNEL eligible
to  be considered employees of such school districts, shall be placed on
a preferred eligible list in all such school districts in the method and
with all of the rights provided by the other provisions of this section.
  5. This section shall in no way be construed to limit  the  rights  of
any  of  such  employees  set forth in this section granted by any other
provision of law.
  6. FOR THE PURPOSES OF THIS SECTION, "OTHER SPECIFIED PERSONNEL" SHALL
MEAN ANY PERSON CERTIFIED TO THE STATE CIVIL SERVICE COMMISSION  BY  THE
COMMISSIONER  PURSUANT  TO SUBDIVISION (G) OF SECTION THIRTY-FIVE OF THE
CIVIL SERVICE LAW  PROVIDING  INSTRUCTIONAL,  ANCILLARY,  OR  SUPPORTIVE
EDUCATIONAL SERVICES AND ANY LICENSED HEALTH PROFESSIONAL WHO IS PRINCI-
PALLY ENGAGED IN PROVIDING HEALTH SERVICES.
  S 3. This act shall take effect September 1, 2010.

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Senate Bill S6154

Sponsored By

Archive: Last Bill Status - Vetoed by Governor

Feb 8, 2010 - Floor Vote

Floor Vote: Feb 8, 2010

Jan 26, 2010 - Education Committee Vote

Education Committee Vote: Jan 26, 2010

Bill Amendments

2009-S6154 - Details

2009-S6154 - Summary

2009-S6154 - Sponsor Memo

2009-S6154 - Bill Text download pdf

2009-S6154A - Details

2009-S6154A - Summary

2009-S6154A - Sponsor Memo

2009-S6154A - Bill Text download pdf

2009-S6154B (ACTIVE) - Details

2009-S6154B (ACTIVE) - Summary

2009-S6154B (ACTIVE) - Sponsor Memo

2009-S6154B (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S6154

Share this bill

Sponsored By

Suzi Oppenheimer

Archive: Last Bill Status - Vetoed by Governor

Bill Amendments

2009-S6154 - Details

2009-S6154 - Summary

2009-S6154 - Sponsor Memo

2009-S6154 - Bill Text download pdf

2009-S6154A - Details

2009-S6154A - Summary

2009-S6154A - Sponsor Memo

2009-S6154A - Bill Text download pdf

2009-S6154B (ACTIVE) - Details

2009-S6154B (ACTIVE) - Summary

2009-S6154B (ACTIVE) - Sponsor Memo

2009-S6154B (ACTIVE) - Bill Text download pdf

Comments