§ 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\nback tuition students. 1. As used in this section, a "sending district"\nshall mean a school district which previously sent students to another\nschool district on a tuition basis pursuant to section two thousand\nforty of this chapter, and a "receiving district" shall mean a school\ndistrict which provided the educational program for students from\nanother district on a tuition basis pursuant to section two thousand\nforty of this chapter.\n 2. In any case in which a sending district assumes the education of\nstudents formerly provided by a receiving district, each teacher\nemployed in the education of such students by such receiving district at\nthe time of such take back by the sending district shall be considered\nan employee of such sending district, with the same tenure status he\nmaintained in such receiving district.\n 3. If the number of teaching positions needed to provide the\neducational services required by such sending district is less than the\nnumber of teachers eligible to be considered employees of such sending\ndistrict as provided by subdivision two of this section, the services of\nthe teachers having the least seniority in the receiving district whose\nstudents are taken back by the sending district within the tenure area\nof the position shall be discontinued. Such teachers shall be placed on\na preferred eligible list of candidates for appointment to a vacancy\nthat may thereafter occur in an office or position under the\njurisdiction of the sending district and the receiving district similar\nto the one such teacher filled in such receiving district. The teachers\non such preferred list shall be reinstated or appointed to such\nvacancies in such corresponding or similar positions under the\njurisdiction of the sending district or the receiving district in the\norder of their length of service in such receiving district, within\nseven years from the date of the abolition of such office or position.\n 4. For any such teacher as described in subdivision two of this\nsection for salary, sick leave and any other purposes, the length of\nservice credited in such receiving district shall be credited as\nemployment time with such sending district.\n 5. In the event that more than one sending district assumes the\neducation of students formerly provided by a receiving district, then\neach teacher employed in the education of such students in such\nreceiving district at the time of such take back by more than one\nsending district, shall select the particular sending district in which\nhe shall be considered an employee, with all of the rights and\nprivileges provided by the other provisions of this section. Such\nselection of the particular sending district by such teacher is to be\nbased upon each teacher's seniority in such receiving district, with the\nright of selection passing from such teachers with the most seniority to\nsuch teachers with least seniority. Any such teacher who is unable to\nobtain a teaching position in any such sending district because the\nnumber of positions needed to provide the services required with such\nsending district are less than the number of teachers eligible to be\nconsidered employees of such sending districts, shall be placed on a\npreferred eligible list in all such sending districts in the method and\nwith all of the rights provided by the other provisions of this section.\n 6. This section shall in no way be construed to limit the rights of\nany of such teachers described in this section granted by any other\nprovision of law.\n