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

§ 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.

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