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.