Bill Text: NY A09832 | 2013-2014 | General Assembly | Introduced

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Bill Title: Provides that retired persons shall not be employed as the superintendent of schools of a school district for more than one year; provides for a waiver of such provision if such school district demonstrates undue hardship.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2014-05-27 - referred to education [A09832 Detail]

Download: New_York-2013-A09832-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         9832
                                 I N  A S S E M B L Y
                                     May 27, 2014
                                      ___________
       Introduced  by M. of A. STECK -- read once and referred to the Committee
         on Education
       AN ACT to amend the retirement and social security law, in  relation  to
         the employment of retired persons as superintendents of schools
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Section 211 of the retirement and social  security  law  is
    2  amended by adding a new subdivision 4-a to read as follows:
    3    4-A.  (A)  EXCEPT  AS PROVIDED IN PARAGRAPH (B) OF THIS SUBDIVISION, A
    4  RETIRED PERSON EMPLOYED UNDER THIS SECTION BY A SCHOOL DISTRICT TO SERVE
    5  AS THE SUPERINTENDENT OF SCHOOLS FOR  SUCH  SCHOOL  DISTRICT  SHALL  NOT
    6  SERVE  AS  SUCH SUPERINTENDENT FOR MORE THAN ONE YEAR.  ON OR BEFORE THE
    7  CONCLUSION OF SUCH ONE YEAR PERIOD SUCH SCHOOL DISTRICT SHALL  FILL  THE
    8  POSITION  OF  SUPERINTENDENT  OF  SCHOOLS WITH A NON-RETIRED PERSON ON A
    9  PERMANENT BASIS.
   10    (B) THE  COMMISSIONER  OF  EDUCATION  MAY  GRANT  A  WAIVER  FROM  THE
   11  PROVISIONS  OF  PARAGRAPH (A) OF THIS SUBDIVISION TO ANY SCHOOL DISTRICT
   12  THAT DEMONSTRATES TO SUCH COMMISSIONER THAT AFTER DUE DILIGENCE A  SUIT-
   13  ABLE CANDIDATE TO FILL THE POSITION OF SUPERINTENDENT OF SCHOOLS HAS NOT
   14  BEEN  FOUND  AND  THAT COMPLIANCE WITH PARAGRAPH (A) OF THIS SUBDIVISION
   15  SHALL CONSTITUTE SUBSTANTIAL  HARDSHIP  TO  SUCH  SCHOOL  DISTRICT.  THE
   16  COMMISSIONER OF EDUCATION SHALL DETERMINE THE MANNER AND FORM IN WHICH A
   17  SCHOOL DISTRICT SHALL APPLY FOR A WAIVER PURSUANT TO THIS PARAGRAPH.
   18    S  2.  This  act shall take effect on the ninetieth day after it shall
   19  have become a law.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD03256-01-3