STATE OF NEW YORK
________________________________________________________________________
S. 2851 A. 3578
2019-2020 Regular Sessions
SENATE - ASSEMBLY
January 29, 2019
___________
IN SENATE -- Introduced by Sen. LAVALLE -- read twice and ordered print-
ed, and when printed to be committed to the Committee on Finance
IN ASSEMBLY -- Introduced by M. of A. THIELE, PALUMBO -- read once and
referred to the Committee on Education
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
17 however, that this section shall not be construed to alter, affect or
18 impair any employment contract which is in effect on or before July
19 first, two thousand [thirteen] nineteen. Any public school district
20 which has entered into a school superintendent sharing program will
21 continue to be eligible to complete such contract notwithstanding that
22 the enrollment of the public school district exceeded one thousand
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03262-02-9
S. 2851 2 A. 3578
1 students after entering into a shared superintendent contract. Provided
2 further, that this program shall only apply to shared superintendents
3 and shall not apply to shared associate superintendents, shared assist-
4 ant superintendents, or shared deputy superintendents.
5 2. (a) The commissioner is authorized to provide an apportionment to
6 each school district participating in a shared superintendent program
7 equal to (i) twenty-five percent of such superintendent's annual salary
8 where there are two participating school districts, or (ii) seventeen
9 percent of such superintendent's annual salary where there are three
10 participating school districts.
11 (b) For purposes of calculating the apportionment: (i) the superinten-
12 dent's annual salary shall be equal to the lesser of (A) the district's
13 net cost of the superintendent's prorated annual salary without benefits
14 pursuant to an inter-municipal agreement, contract or memorandum of
15 understanding, or (B) the median salary without benefits of all current
16 full-time public school superintendents in a public school district
17 eligible for an apportionment under subdivision four of section thirty-
18 six hundred two of this chapter in the county where such shared super-
19 intendent program is located;
20 (ii) in the event the public school districts participating in such
21 shared superintendent program are located in different counties, the
22 superintendent's salary shall be equal to the lesser of (A) the
23 district's net cost of the superintendent's prorated annual salary with-
24 out benefits pursuant to an inter-municipal agreement, contract or memo-
25 randum of understanding, or (B) the average of the median salary without
26 benefits of all current full-time public school superintendents in a
27 public school district eligible for an apportionment under subdivision
28 four of section thirty-six hundred two of this chapter in each county
29 where such shared superintendent program is located.
30 (c) Within the amounts appropriated for this purpose, the commissioner
31 shall provide an apportionment to any eligible school district submit-
32 ting a claim under subdivision three of this section. In the event the
33 appropriation for purposes of this subdivision in any year is insuffi-
34 cient to pay all claims received pursuant to this subdivision, the
35 commissioner shall pay such claims on a prorated basis among all
36 districts filing such claims until the appropriation is exhausted.
37 Provided further that no apportionment shall be provided to any school
38 district subject to the provisions of section two thousand
39 twenty-three-a of this chapter and that has adopted a budget or where
40 voters have approved a budget in excess of the tax levy limit prescribed
41 by such section where such budget is in effect during the term of such
42 shared superintendent program. Provided further, that in no event shall
43 districts that have entered into an aidable cooperative educational
44 services agreement for any such services with a board of cooperative
45 educational services pursuant to section nineteen hundred fifty of this
46 chapter be eligible for an award pursuant to this section for the same
47 purpose.
48 3. The claim for an apportionment to be paid to each public school
49 district under this section shall be submitted to the commissioner on a
50 form prescribed for such purpose, and shall be payable no later than the
51 first of September of the year following the year of participation in
52 such shared superintendent program. Claims for an apportionment shall
53 document (a) the district's net cost of the superintendent's prorated
54 annual salary without benefits pursuant to an inter-municipal agreement,
55 contract or memorandum of understanding, and (b) the savings obtained as
56 a result of a district's participation in the shared superintendent
S. 2851 3 A. 3578
1 program. The commissioner shall calculate the median salary without
2 benefits of all current full-time public school superintendents in a
3 public school district eligible for an apportionment under subdivision
4 four of section thirty-six hundred two of this chapter in the county or
5 counties where such shared superintendent program is located.
6 4. A superintendent working as an employee of one or more school
7 districts under this section shall not be eligible to earn additional
8 retirement service credit in any public retirement system as defined in
9 section eight hundred of the retirement and social security law.
10 § 2. The sum of one million dollars ($1,000,000), or so much thereof
11 as may be available, is hereby appropriated to the department of educa-
12 tion from any moneys in the state treasury in the general fund to the
13 credit of the state purposes account, not otherwise appropriated, and
14 made immediately available, for the purpose of carrying out the
15 provisions of this act. Such moneys shall be payable on the audit and
16 warrant of the comptroller on vouchers certified or approved by the
17 commissioner of education in the manner prescribed by law.
18 § 3. This act shall take effect immediately.