Section 3014-C. Teachers' rights as a result of a school district taking back tuition students  


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  • 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.