Bill Text: NY A07752 | 2017-2018 | General Assembly | Amended
Bill Title: Relates to eligibility for an apportionment for the governing board of a public school district; makes an appropriation therefor.
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2018-02-22 - print number 7752a [A07752 Detail]
Download: New_York-2017-A07752-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 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. LBD11431-06-8S. 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 theS. 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.
