New York A 10041: Relates to special education labor market fairness

Bill Text

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A10041 Summary:

BILL NOA10041 

&nbsp

SAME ASNo Same As

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SPONSORTapia

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COSPNSROtis

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MLTSPNSR

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Add Art 89-A §§4420 - 4426, Ed L

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Authorizes education-related dual employment for employees of certain schools offering special education services; prohibits certain anti-competitive actions that would impact such schools.

Go to top A10041 Actions:

BILL NOA10041 

&nbsp

01/30/2026referred to education

Go to topA10041 Committee&nbspVotes:

Go to topA10041 Floor&nbspVotes:

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

Go to topA10041 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 10041

 IN ASSEMBLY

 January 30, 2026
 ___________

 Introduced by M. of A. TAPIA -- read once and referred to the Committee
 on Education

 AN ACT to amend the education law, in relation to special education
 labor market fairness

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

 1 Section 1. Legislative findings and intent. The legislature finds that
 2 the stability of preschool and school-age special education providers
 3 approved under article 89 of the education law is vital to the education
 4 and well-being of children with disabilities. Abrupt hiring and recruit-
 5 ment practices by public educational institutions, including the New
 6 York city department of education, have undermined the continuity of
 7 services and created inequitable labor market conditions. The state must
 8 protect these essential programs from coercive labor practices that act
 9 in restraint of competition.
 10 § 2. The education law is amended by adding a new article 89-A to read
 11 as follows:
 12 ARTICLE 89-A
 13 SPECIAL EDUCATION LABOR MARKET FAIRNESS
 14 Section 4420. Definitions.
 15 4421. Dual employment permitted.
 16 4422. Transition window for offers of employment.
 17 4423. Prohibition of anti-competitive labor disruption.
 18 4424. Private right of action.
 19 4425. Rules and regulations.
 20 4426. Severability.
 21 § 4420. Definitions. For the purposes of this article, the following
 22 terms shall have the following meanings:
 23 1. "Covered school" means a school or preschool receiving funding
 24 under article eighty-nine of this title for the provision of special
 25 education, as defined by subdivision one of section forty-four hundred
 26 one of this title.
 27 2. "Public educational employer" means a public school district or the
 28 New York city department of education.

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD14223-01-5

 A. 10041 2

 1 § 4421. Dual employment permitted. Employees of a covered school may
 2 accept dual employment with a public educational employer, including
 3 part-time, after-school, or administrative roles, unless a direct
 4 conflict of interest is demonstrated in writing by such employer.
 5 § 4422. Transition window for offers of employment. 1. Any public
 6 educational employer that extends an offer of employment to an employee
 7 of a covered school shall provide to such employee:
 8 (a) a written offer with terms of employment; and
 9 (b) a minimum decision window of fourteen calendar days before requir-
 10 ing a response.
 11 2. An offer of employment made pursuant to subdivision one of this
 12 section shall not be rescinded solely due to the employee exercising
 13 their right to the consideration period provided for under paragraph (b)
 14 of subdivision one of this section.
 15 § 4423. Prohibition of anti-competitive labor disruption. 1. It shall
 16 be unlawful for any public or private entity to engage in a pattern or
 17 practice of labor solicitation, inducement, or interference that
 18 substantially impairs the operational capacity of a covered school by:
 19 (a) inducing multiple staff to resign on short notice;
 20 (b) leveraging state authority or employment offers to coerce rapid
 21 departure; or
 22 (c) disrupting service delivery without coordination or transition
 23 support.
 24 2. Conduct described under subdivision one of this section is declared
 25 to be an unlawful restraint on fair competition in the special education
 26 services sector.
 27 § 4424. Private right of action. 1. A covered schoo