N.Y. Education Law Section 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.

Source: Section 3013 — Abolition of office or position, https://www.­nysenate.­gov/legislation/laws/EDN/3013 (updated Sep. 22, 2014; accessed Mar. 23, 2024).

3001
Qualifications of teachers
3001–A
Temporary teaching permit, person not a citizen
3001–B
First aid instruction mandatory for coaches of extra-class public school athletic activities
3001–C
First aid instruction mandatory for coaches of high school extra-class nonpublic school athletic activities
3001–D
Criminal history record checks and conditional appointments
3002
Oath to support federal and state constitutions
3003
Qualifications of superintendents
3004
Regulations governing certification of teachers
3004–A
National board for professional teaching standards certification grant program
3004–B
Special procedures for certification
3004–C
Denial of application for certification
3005
Leave of absence to teachers for teaching in foreign countries, other states and territories and other school districts
3005–A
Leave of absence for teaching purposes
3005–B
Leave of absence for personal illness
3006
Commissioner of education to issue certificates
3006–A
Registration and continuing teacher and leader education requirements for holders of professional certificates in the classroom teaching ...
3007
Endorsement of foreign certificates and diplomas
3008
Certification of teachers by local authorities
3009
Unqualified teachers shall not be paid from school moneys
3010
Penalty for payment of unqualified teacher
3011
Contract with teacher
3012
Tenure: certain school districts
3012–A
Elementary tenure area
3012–C
Annual professional performance review of classroom teachers and building principals
3012–D
Annual teacher and principal evaluations
3013
Abolition of office or position
3014
Tenure: boards of cooperative educational services
3014–A
Teachers’ rights as a result of a board or boards of cooperative educational services taking over a program formerly operated by a school...
3014–B
Teachers’ rights as a result of a school district taking over a program formerly operated by a board of cooperative educational services
3014–C
Teachers’ rights as a result of a school district taking back tuition students
3014–D
Teachers’ rights as a result of a school district sending students to another district on a tuition basis pursuant to section two thousan...
3015
Teacher’s salary when payable
3016
Contract when teacher is related to trustee or member of board of education
3017
Individual liability of trustees
3018
Revocation of certificate by district superintendent
3019
Penalty for teacher’s failure to complete contract
3019–A
Notice of termination of service by teachers
3020
Discipline of teachers
3020–A
Disciplinary procedures and penalties
3020–B
Streamlined removal procedures for teachers rated ineffective
3021
Removal of superintendents, teachers and employees for treasonable or seditious acts or utterances
3021–A
Notification of accusatory instrument alleging a sex offense
3022
Elimination of subversive persons from the public school system
3023
Liability of a board of education, trustee, trustees or board of cooperative educational services
3024
Teachers responsible for record books
3025
Verification of school register
3026
Discriminations based on sex prohibited
3027
Discrimination based on age prohibited
3028
Liability of school district for cost and attorney’s fees of action against, or prosecutions of, teachers, members of supervisory and adm...
3028–A
Students under twenty-one years of age suspected of alcohol abuse or narcotic addiction
3028–B
Notification of teachers’ duty to provide information and immunity from liability
3028–C
Protection of school employees who report acts of violence and weapons possession
3028–D
Protection of school employees who report information regarding illegal or inappropriate financial practices
3029
Hours of continuous duty for full time teachers
3029–A
Silent meditation in public schools
3030
Interstate agreement on qualifications of educational personnel
3031
Procedure when tenure not to be granted at conclusion of probationary period or when services to be discontinued
3032
Teacher summer business training and employment program
3033
New York state mentor teacher-internship program
3034
Teacher career recruitment clearinghouse
3035
Duties of commissioner
3036
Coursework for reporting child abuse and maltreatment for those with coaching licenses or coaching certificates
3037
Grants for hiring teachers
3038
The superintendent of each school district, in consultation with the district superintendent of a board of cooperative educational servic...

Accessed:
Mar. 23, 2024

Last modified:
Sep. 22, 2014

§ 3013’s source at nysenate​.gov

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