N.Y.
Education Law 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
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.
Source:
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, https://www.nysenate.gov/legislation/laws/EDN/3014-B (updated Sep. 22, 2014; accessed Oct. 26, 2024).
