2019 New York Laws
EDN - Education
Title 4 - Teachers and Pupils
Article 61 - Teachers and Supervisory and Administrative Staff
3013 - Abolition of Office or Position.

§ 3013. Abolition  of  office  or  position. 1. If a trustee, board of
trustees,  board  of  education  or  board  of  cooperative  educational
services  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 or she has filled.
  2.  Whenever  a trustee, board of trustee, board of education or board
of cooperative educational services  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 or she 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.
  (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.