N.Y. Education Law § 1917-a: Employees; employment rights; creation of new central high school district

§ 1917-a. Employees; employment rights; creation of new central high

school district. 1. Teachers and other staff members of component

districts, except the superintendent of schools, whose services in the

component districts are no longer needed because of the creation of a

central high school district or the transference of students to an

existing central high school district, shall be granted employment

rights in central high school districts in accordance with the

provisions of this section.

2. As used in this section, a "component district" shall mean a

central, union free or common school district within the territory of

the central high school district, and a "central high school district"

shall mean a central high school district existing or created pursuant

to this article.

3. In any case in which a component district sends students to a

central high school district, each teacher and all other employees

previously employed in the education of such students by such component

district prior to the time that such component district sends its

students to a central high school district shall be considered employees

of such central high school district, with the same tenure status held

in such component district.

For purposes of this section, when a component district takes back

students that it sent to another district on a tuition basis and sends

such students to a central high school district, such central high

school district shall be deemed the "sending district" for purposes of

the rights and protections provided in section three thousand fourteen-c

of this chapter.

4. If the number of teaching and other positions needed to provide the

educational services required by such central high school district is

less than the number of teachers and other employees eligible to be

considered employees of such central high school district as provided by

subdivision three of this section, the services of the teachers and

other employees having the least seniority in the component district

within the tenure area of the position shall be discontinued. Such

teachers and other employees shall be placed on a preferred eligible

list of candidates for appointment to a vacancy that may thereafter

occur in an office or position under the jurisdiction of the component

district, the "receiving district" as defined in section three thousand

fourteen-c of this chapter, from which a component district has taken

back students, and the central high school district similar to the one

such teacher or other employee filled in such component district. The

teachers and other employees on such preferred lists shall be reinstated

or appointed to such vacancies in such corresponding or similar

positions under the jurisdiction of the component district or the

central high school district in the order of their length of service in

such component district, within seven years from the date of the

abolition of such office or position.

5. For any such teacher or other employee as described in subdivision

three of this section for salary, sick leave and any other purposes, the

length of service credited in such component district shall be credited

as employment time with such central high school district.

6. This section shall in no way be construed to limit the rights of

any of such teachers or other employees described in this section

granted by any other provision of law.