N.Y. Education Law § 3014-c: Teachers' rights as a result of a school district taking back tuition students

§ 3014-c. Teachers' rights as a result of a school district taking

back tuition students. 1. As used in this section, a "sending district"

shall mean a school district which previously sent students to another

school district on a tuition basis pursuant to section two thousand

forty of this chapter, and a "receiving district" shall mean a school

district which provided the educational program for students from

another district on a tuition basis pursuant to section two thousand

forty of this chapter.

2. In any case in which a sending district assumes the education of

students formerly provided by a receiving district, each teacher

employed in the education of such students by such receiving district at

the time of such take back by the sending district shall be considered

an employee of such sending district, with the same tenure status he

maintained in such receiving district.

3. If the number of teaching positions needed to provide the

educational services required by such sending district is less than the

number of teachers eligible to be considered employees of such sending

district as provided by subdivision two of this section, the services of

the teachers having the least seniority in the receiving district whose

students are taken back by the sending district within the tenure area

of the position shall be discontinued. Such teachers 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 sending district and the receiving district similar

to the one such teacher filled in such receiving district. The teachers

on such preferred list shall be reinstated or appointed to such

vacancies in such corresponding or similar positions under the

jurisdiction of the sending district or the receiving district in the

order of their length of service in such receiving district, within

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

4. For any such teacher as described in subdivision two of this

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

service credited in such receiving district shall be credited as

employment time with such sending district.

5. In the event that more than one sending district assumes the

education of students formerly provided by a receiving district, then

each teacher employed in the education of such students in such

receiving district at the time of such take back by more than one

sending district, shall select the particular sending 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 sending district by such teacher is to be

based upon each teacher's seniority in such receiving district, with the

right of selection passing from such teachers with the most seniority to

such teachers with least seniority. Any such teacher who is unable to

obtain a teaching position in any such sending district because the

number of positions needed to provide the services required with such

sending district are less than the number of teachers eligible to be

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

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

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

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

any of such teachers described in this section granted by any other

provision of law.