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.