New York A 4411: Allows school boards to make decisions regarding layoffs based on performance, qualifications and student needs

Bill Text

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A04411 Summary:

BILL NOA04411 

&nbsp

SAME ASNo Same As

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SPONSORMolitor

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COSPNSR

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MLTSPNSR

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Amd Ed L, generally

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Relates to empowering school boards to make decisions regarding employment based on performance, qualifications and the best interests of the students.

Go to top A04411 Actions:

BILL NOA04411 

&nbsp

02/04/2025referred to education

01/07/2026referred to education

Go to topA04411 Committee&nbspVotes:

Go to topA04411 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topA04411 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 4411

 2025-2026 Regular Sessions

 IN ASSEMBLY

 February 4, 2025
 ___________

 Introduced by M. of A. MOLITOR -- read once and referred to the Commit-
 tee on Education

 AN ACT to amend the education law, in relation to empowering school
 boards to make decisions regarding employment based on performance,
 qualifications and the best interests of the students

 The People of the State of New York, represented in Senate and Assem-
 bly, do enact as follows:

 1 Section 1. Subdivision 2 of section 1505-a of the education law, as
 2 added by chapter 871 of the laws of 1982, is amended to read as follows:
 3 2. [Any] Notwithstanding any other provision of law to the contrary,
 4 any such teacher who is unable to obtain a teaching position in any such
 5 school district to which territory is added, because the number of posi-
 6 tions needed are less than the number of teachers eligible to be consid-
 7 ered employees pursuant to subdivision one of this section, shall, in
 8 all such school districts to which territory is added, be placed on a
 9 preferred eligible list of candidates for appointment to a vacancy that
 10 may thereafter occur in a position similar to the one such teacher
 11 filled in such former school district[. The teachers on such a preferred
 12 eligible list shall be appointed to such vacancies in such corresponding
 13 or similar positions under the jurisdiction of the school district to
 14 which territory is added in the order of their length of service in such
 15 former school district, within seven years from the date of the dissol-
 16 ution of such former school district] pursuant to the provisions of
 17 subparagraphs (i), (ii), (iii) and (iv) of paragraph a and paragraph b
 18 of subdivision thirteen and subdivision thirteen-a of section eighteen
 19 hundred four of this title.
 20 § 2. Section 1804 of the education law is amended by adding two new
 21 subdivisions 13 and 13-a to read as follows:
 22 13. a. Notwithstanding any other provision of law to the contrary,
 23 whenever a board of education abolishes or reduces a position or posi-
 24 tions under this chapter, the superintendent for the school district

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD07711-01-5

 A. 4411 2

 1 shall recommend which teacher or teachers should be retained. Such
 2 recommendation shall be based on an evaluation of the teacher's perform-
 3 ance, qualifications and the educational needs of the school including
 4 but not limited to:
 5 (i) annual professional performance reviews conducted pursuant to
 6 section three thousand twelve-c of this chapter;
 7 (ii) student educational achievements, progress and performance;
 8 (iii) teacher educational qualifications, length of service, certif-
 9 ications, demonstrated ability and attendance; and
 10 (iv) the needs of the school for particular license areas, curriculum,
 11 specialized education, degrees, or areas of expertise.
 12 The teacher's salary shall not be a factor in making a recommendation
 13 as to which teacher or teachers shall be retained. The board of educa-
 14 tion shall exercise its discretion and shall approve or reject the
 15 recommendations of the superintendent so as to minimize the adverse
 16 impact on students and the educational strength of the school district.
 17 b. If a teaching position is abolished or reduced, the person filling
 18 such position at the time of its abolishment or reduction shall be
 19 placed upon a preferred eligible list of candidates for appointment to a
 20 vacancy that then exists or that may thereafter occur in a position
 2