New York Laws
Article 61 - Teachers and Supervisory and Administrative Staff
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
back tuition students. 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.

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