2019 New York Laws
EDN - Education
Title 2 - School District Organization
Article 51 - City School Districts of Cities With Less Than One Hundred Twenty-Five Thousand Inhabitants
2510 - Abolition of Office or Position.

§ 2510. Abolition of office or position.  1. If the board of education
abolishes  an  office or position and creates another office or position
for the performance of duties similar to those performed in  the  office
or position abolished, the person filling such office or position at the
time  of  its  abolishment  shall be appointed to the office or position
thus created without reduction in  salary  or  increment,  provided  the
record of such person has been one of faithful, competent service in the
office or position he has filled.
  2.  Whenever  a  board  of  education  abolishes a position under this
chapter, the services of the teacher having the least seniority  in  the
system   within   the   tenure   of  the  position  abolished  shall  be
discontinued.
  3. (a) If an office or position is abolished or if it is  consolidated
with  another  position  without  creating  a  new  position, the person
filling such position at the time of its  abolishment  or  consolidation
shall  be  placed  upon  a  preferred  eligible  list  of candidates for
appointment to a vacancy that then exists or that may  thereafter  occur
in  an  office  or  position similar to the one which such person filled
without reduction in salary or increment, provided the  record  of  such
person  has  been  one  of  faithful, competent service in the office or
position he has filled.  The persons on such  preferred  list  shall  be
reinstated  or  appointed  to  such  vacancies  in such corresponding or
similar positions in the order of their length of service in the  system
at   any  time  within  seven  years  from  the  date  of  abolition  or
consolidation of such office or position.    Notwithstanding  any  other
provision  of law to the contrary, in the event that a member of the New
York state teachers' retirement system, who is  receiving  a  disability
retirement  allowance,  shall  have such disability retirement allowance
rescinded, such member shall be placed upon such preferred eligible list
as of the effective date of his or her disability retirement.
  (b) The persons  on  such  preferred  list  shall  be  reinstated,  in
accordance  with the terms of paragraph (a) of this subdivision, to such
substitute positions of five months or more in  duration,  as  may  from
time  to  time occur without losing their preferred status on such list.
Declination  of  such  reinstatement  shall  not  adversely  affect  the
persons' preferred eligibility status.