N.Y. Education Law § 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-a. Teachers' rights as a result of a board or boards of

cooperative educational services taking over a program formerly operated

by a school district or districts or by a county vocational education

and extension board. 1. In any case in which a board or boards of

cooperative educational services duly take over the operation of a

program formerly provided by a school district or school districts or by

a county vocational education and extension board, each teacher,

teaching assistant and teacher aide employed in such a program by such a

school district or such a county vocational education and extension

board at the time of such takeover by the board or boards of cooperative

educational services, shall be considered an employee of such board or

boards of cooperative educational services with the same tenure or civil

service status he maintained in such school district or in such county

vocational education and extension board.

2. If the number of teaching positions needed to provide the services

required by such program by the board or boards of cooperative

educational services is less than the number of teachers, teaching

assistants and teacher aides eligible to be considered employees of such

board or boards of cooperative educational services as provided by

subdivision one of this section, the services of the teachers, teaching

assistants and teacher aides having the least seniority in the school

district or school districts or county vocational education and

extension board whose programs are taken over by the board or boards of

cooperative educational services within the tenure area or civil service

title of the position shall be discontinued. Such teachers, teaching

assistants and teacher aides 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 board or

boards of cooperative educational services similar to the one such

teacher, teaching assistant and teacher aide filled in such school

district or school districts or such county vocational education and

extension board. The teachers, teaching assistants and teacher aides on

such preferred list shall be reinstated or appointed to such vacancies

in such corresponding or similar positions under the jurisdiction of the

board or boards of cooperative educational services in the order of

their length of service in such school district or school districts or

in such county vocational education and extension board, within seven

years from the date of the abolition of such office or position.

3. For any such teacher, teaching assistant and teacher aide as set

forth in subdivision one of this section for salary, sick leave and any

other purposes, the length of service credited in such school district

or in such county vocational education and extension board shall be

credited as employment time with such board or boards of cooperative

educational services.

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

any of such employees set forth in this section granted by any other

provision of law.

5. Program takeovers pursuant to this section shall be considered a

transfer pursuant to section seventy of the civil service law.