N.Y.
Education Law Section 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 § 2040 (District meeting to authorize contract system)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 § 2040 (District meeting to authorize contract system)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.
Source:
Section 3014-C — Teachers' rights as a result of a school district taking back tuition students, https://www.nysenate.gov/legislation/laws/EDN/3014-C (updated Sep. 22, 2014; accessed Apr. 13, 2024).
