New York Laws
Article 61 - Teachers and Supervisory and Administrative Staff
3014-A - Teachers' Rights as a Result of a Board or Boards of Cooperative Educational Services Taking Over a Program Formerly Operated by a School District Or

§ 3014-a. Teachers' rights as a result of a board or boards of
cooperative educational services taking over a program formerly operated
by a school district or districts or by a county vocational education
and extension board. 1. In any case in which a board or boards of
cooperative educational services duly take over the operation of a
program formerly provided by a school district or school districts or by
a county vocational education and extension board, each teacher,
teaching assistant and teacher aide employed in such a program by such a
school district or such a county vocational education and extension
board at the time of such takeover by the board or boards of cooperative
educational services, shall be considered an employee of such board or
boards of cooperative educational services with the same tenure or civil
service status he maintained in such school district or in such county
vocational education and extension board.

2. If the number of teaching positions needed to provide the services
required by such program by the board or boards of cooperative
educational services is less than the number of teachers, teaching
assistants and teacher aides eligible to be considered employees of such
board or boards of cooperative educational services as provided by
subdivision one of this section, the services of the teachers, teaching
assistants and teacher aides having the least seniority in the school
district or school districts or county vocational education and
extension board whose programs are taken over by the board or boards of
cooperative educational services 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 board or
boards of cooperative educational services similar to the one such
teacher, teaching assistant and teacher aide filled in such school
district or school districts or such county vocational education and
extension board. 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
board or boards of cooperative educational services in the order of
their length of service in such school district or school districts or
in such county vocational education and extension board, 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 school district
or in such county vocational education and extension board shall be
credited as employment time with such board or boards of cooperative
educational services.

4. 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.

5. Program takeovers pursuant to this section shall be considered a
transfer pursuant to section seventy of the civil service law.

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