STATE OF NEW YORK
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S. 6279--A A. 7752--A
2017-2018 Regular Sessions
SENATE - ASSEMBLY
May 11, 2017
___________
IN SENATE -- Introduced by Sen. LAVALLE -- read twice and ordered print-
ed, and when printed to be committed to the Committee on Finance --
recommitted to the Committee on Finance in accordance with Senate Rule
6, sec. 8 -- committee discharged, bill amended, ordered reprinted as
amended and recommitted to said committee
IN ASSEMBLY -- Introduced by M. of A. THIELE, PALUMBO -- read once and
referred to the Committee on Education -- recommitted to the Committee
on Education in accordance with Assembly Rule 3, sec. 2 -- committee
discharged, bill amended, ordered reprinted as amended and recommitted
to said committee
AN ACT to amend the education law, in relation to eligibility for an
apportionment; and making an appropriation therefor
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 1527-c of the education law, as added by section 21
2 of subpart F of part C of chapter 97 of the laws of 2011, is amended to
3 read as follows:
4 § 1527-c. Shared superintendent program. 1. Notwithstanding any other
5 provision of law, rule or regulation to the contrary, the governing
6 board of a public school district eligible for an apportionment under
7 subdivision four of section thirty-six hundred two of this chapter and
8 with an enrollment of less than one thousand students in the previous
9 year shall be authorized to enter into a school superintendent sharing
10 contract with no more than two additional public school districts each
11 of which had fewer than one thousand in enrolled pupils in the previous
12 year. Each shared superintendent arrangement shall be governed by the
13 boards of education of the public school districts participating in the
14 shared contract, provided that such shared superintendent contract must
15 be approved by a duly adopted board resolution of each participating
16 public school district prior to the commencement of services. Provided
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD11431-06-8
S. 6279--A 2 A. 7752--A
1 however, that this section shall not be construed to alter, affect or
2 impair any employment contract which is in effect on or before July
3 first, two thousand [thirteen] eighteen. Any public school district
4 which has entered into a school superintendent sharing program will
5 continue to be eligible to complete such contract notwithstanding that
6 the enrollment of the public school district exceeded one thousand
7 students after entering into a shared superintendent contract. Provided
8 further, that this program shall only apply to shared superintendents
9 and shall not apply to shared associate superintendents, shared assist-
10 ant superintendents, or shared deputy superintendents.
11 2. (a) The commissioner is authorized to provide an apportionment to
12 each school district participating in a shared superintendent program
13 equal to (i) twenty-five percent of such superintendent's annual salary
14 where there are two participating school districts, or (ii) seventeen
15 percent of such superintendent's annual salary where there are three
16 participating school districts.
17 (b) For purposes of calculating the apportionment: (i) the superinten-
18 dent's annual salary shall be equal to the lesser of (A) the district's
19 net cost of the superintendent's prorated annual salary without benefits
20 pursuant to an inter-municipal agreement, contract or memorandum of
21 understanding, or (B) the median salary without benefits of all current
22 full-time public school superintendents in a public school district
23 eligible for an apportionment under subdivision four of section thirty-
24 six hundred two of this chapter in the county where such shared super-
25 intendent program is located;
26 (ii) in the event the public school districts participating in such
27 shared superintendent program are located in different counties, the
28 superintendent's salary shall be equal to the lesser of (A) the
29 district's net cost of the superintendent's prorated annual salary with-
30 out benefits pursuant to an inter-municipal agreement, contract or memo-
31 randum of understanding, or (B) the average of the median salary without
32 benefits of all current full-time public school superintendents in a
33 public school district eligible for an apportionment under subdivision
34 four of section thirty-six hundred two of this chapter in each county
35 where such shared superintendent program is located.
36 (c) Within the amounts appropriated for this purpose, the commissioner
37 shall provide an apportionment to any eligible school district submit-
38 ting a claim under subdivision three of this section. In the event the
39 appropriation for purposes of this subdivision in any year is insuffi-
40 cient to pay all claims received pursuant to this subdivision, the
41 commissioner shall pay such claims on a prorated basis among all
42 districts filing such claims until the appropriation is exhausted.
43 Provided further that no apportionment shall be provided to any school
44 district subject to the provisions of section two thousand
45 twenty-three-a of this chapter and that has adopted a budget or where
46 voters have approved a budget in excess of the tax levy limit prescribed
47 by such section where such budget is in effect during the term of such
48 shared superintendent program. Provided further, that in no event shall
49 districts that have entered into an aidable cooperative educational
50 services agreement for any such services with a board of cooperative
51 educational services pursuant to section nineteen hundred fifty of this
52 chapter be eligible for an award pursuant to this section for the same
53 purpose.
54 3. The claim for an apportionment to be paid to each public school
55 district under this section shall be submitted to the commissioner on a
56 form prescribed for such purpose, and shall be payable no later than the
S. 6279--A 3 A. 7752--A
1 first of September of the year following the year of participation in
2 such shared superintendent program. Claims for an apportionment shall
3 document (a) the district's net cost of the superintendent's prorated
4 annual salary without benefits pursuant to an inter-municipal agreement,
5 contract or memorandum of understanding, and (b) the savings obtained as
6 a result of a district's participation in the shared superintendent
7 program. The commissioner shall calculate the median salary without
8 benefits of all current full-time public school superintendents in a
9 public school district eligible for an apportionment under subdivision
10 four of section thirty-six hundred two of this chapter in the county or
11 counties where such shared superintendent program is located.
12 4. A superintendent working as an employee of one or more school
13 districts under this section shall not be eligible to earn additional
14 retirement service credit in any public retirement system as defined in
15 section eight hundred of the retirement and social security law.
16 § 2. The sum of one million dollars ($1,000,000), or so much thereof
17 as may be available, is hereby appropriated to the department of educa-
18 tion from any moneys in the state treasury in the general fund to the
19 credit of the state purposes account, not otherwise appropriated, and
20 made immediately available, for the purpose of carrying out the
21 provisions of this act. Such moneys shall be payable on the audit and
22 warrant of the comptroller on vouchers certified or approved by the
23 commissioner of education in the manner prescribed by law.
24 § 3. This act shall take effect immediately.