N.Y. Education Law § 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-b. Teachers' rights as a result of a school district taking

over a program formerly operated by a board of cooperative educational

services. 1. In any case in which a school district duly takes over the

operation of a program formerly provided by a board of cooperative

educational services, each teacher, teaching assistant and teacher aide

employed in such a program by such a board of cooperative educational

services at the time of such takeover by the school district shall be

considered an employee of such school district, with the same tenure or

civil service status he maintained in such board of cooperative

educational services.

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

required by such program by the school district is less than the number

of teachers, teaching assistants and teacher aides eligible to be

considered employees of such school district as provided by subdivision

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

and teacher aides having the least seniority in the board of cooperative

educational services whose programs are taken over by the school

district 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 school district similar to the

one such teacher, teaching assistant and teacher aide filled in such

board of cooperative educational services. 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 school district in the order of

their length of service in such board of cooperative educational

services, 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 board of

cooperative educational services shall be credited as employment time

with such school district.

4. In the event that more than one school district duly takes over the

operation of a program formerly provided by a board of cooperative

educational services, then each teacher, teaching assistant and teacher

aide employed in such program by such board of cooperative educational

services at the time of such takeover by more than one school district,

shall select the particular school district in which he shall be

considered an employee, with all of the rights and privileges provided

by the other provisions of this section. Such selection of the

particular school district by such teacher, teaching assistant and

teacher aide is to be based upon the seniority of each teacher, teaching

assistant and teacher aide in such board of cooperative educational

services, with the right of selection passing from such teachers,

teaching assistants and teacher aides with the most seniority to such

teachers, teaching assistants and teacher aides with least seniority.

Any such teacher, teaching assistant and teacher aide who is unable to

obtain a teaching position in any such school districts because the

number of positions needed to provide the services required in such

programs with such school districts are less than the number of

teachers, teaching assistants and teachers aides eligible to be

considered employees of such school districts, shall be placed on a

preferred eligible list in all such school districts in the method and

with all of the rights provided by the other provisions of this section.

5. 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.