Section 3014-B. Teachers' rights as a result of a school district taking over a program formerly operated by a board of cooperative educational services  


Latest version.
  • 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.