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.4.
(a) The use of artificial intelligence systems as defined by State Technology Law § 103-E (Artificial intelligence (AI) inventory)section one hundred three-e of the state technology law and automated decision-making tools as defined by State Technology Law § 501 (Definitions)section five hundred one of the state technology law shall not affect (i) the existing rights of employees pursuant to an existing collective bargaining agreement, or(ii)
the existing representational relationships among employee organizations or the bargaining relationships between the employer and an employee organization.(b)
The use of such artificial intelligence systems and automated decision-making tools shall not result in the:(i)
discharge, displacement or loss of position, including partial displacement such as a reduction in the hours of non-overtime work, wages, or employment benefits, or result in the impairment of existing collective bargaining agreements; or(ii)
transfer of existing duties and functions currently performed by employees of the state or any agency or public authority thereof to an artificial intelligence system or automated decision-making tool.(c)
The use of such artificial intelligence system and automated decision-making tool shall not alter the rights or benefits, and privileges, including but not limited to terms and conditions of employment and civil service status. The collective bargaining unit membership status of all existing employees of the board of education, board of cooperative educational services, or board of trustees thereof shall be preserved and protected.
Source:
Section 3013 — Abolition of office or position, https://www.nysenate.gov/legislation/laws/EDN/3013 (updated Dec. 26, 2025; accessed Jan. 3, 2026).
