Bill Text: NY S05168 | 2021-2022 | General Assembly | Introduced
Bill Title: Relates to eligibility for an apportionment for the governing board of a public school district; makes an appropriation therefor.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2022-01-05 - REFERRED TO FINANCE [S05168 Detail]
Download: New_York-2021-S05168-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ S. 5168 A. 5810 2021-2022 Regular Sessions SENATE - ASSEMBLY February 25, 2021 ___________ IN SENATE -- Introduced by Sen. PALUMBO -- 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 -- Multi-Sponsored by -- M. of A. DeSTEFANO -- read once and referred to the Committee on Educa- tion 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 EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD05694-01-1S. 5168 2 A. 5810 1 the enrollment of the public school district exceeded one thousand 2 students after entering into a shared superintendent contract. Provided 3 further, that this program shall only apply to shared superintendents 4 and shall not apply to shared associate superintendents, shared assist- 5 ant superintendents, or shared deputy superintendents. 6 2. (a) The commissioner is authorized to provide an apportionment to 7 each school district participating in a shared superintendent program 8 equal to (i) twenty-five percent of such superintendent's annual salary 9 where there are two participating school districts, or (ii) seventeen 10 percent of such superintendent's annual salary where there are three 11 participating school districts. 12 (b) For purposes of calculating the apportionment: (i) the superinten- 13 dent's annual salary shall be equal to the lesser of (A) the district's 14 net cost of the superintendent's prorated annual salary without benefits 15 pursuant to an inter-municipal agreement, contract or memorandum of 16 understanding, or (B) the median salary without benefits of all current 17 full-time public school superintendents in a public school district 18 eligible for an apportionment under subdivision four of section thirty- 19 six hundred two of this chapter in the county where such shared super- 20 intendent program is located; 21 (ii) in the event the public school districts participating in such 22 shared superintendent program are located in different counties, the 23 superintendent's salary shall be equal to the lesser of (A) the 24 district's net cost of the superintendent's prorated annual salary with- 25 out benefits pursuant to an inter-municipal agreement, contract or memo- 26 randum of understanding, or (B) the average of the median salary without 27 benefits of all current full-time public school superintendents in a 28 public school district eligible for an apportionment under subdivision 29 four of section thirty-six hundred two of this chapter in each county 30 where such shared superintendent program is located. 31 (c) Within the amounts appropriated for this purpose, the commissioner 32 shall provide an apportionment to any eligible school district submit- 33 ting a claim under subdivision three of this section. In the event the 34 appropriation for purposes of this subdivision in any year is insuffi- 35 cient to pay all claims received pursuant to this subdivision, the 36 commissioner shall pay such claims on a prorated basis among all 37 districts filing such claims until the appropriation is exhausted. 38 Provided further that no apportionment shall be provided to any school 39 district subject to the provisions of section two thousand 40 twenty-three-a of this chapter and that has adopted a budget or where 41 voters have approved a budget in excess of the tax levy limit prescribed 42 by such section where such budget is in effect during the term of such 43 shared superintendent program. Provided further, that in no event shall 44 districts that have entered into an aidable cooperative educational 45 services agreement for any such services with a board of cooperative 46 educational services pursuant to section nineteen hundred fifty of this 47 chapter be eligible for an award pursuant to this section for the same 48 purpose. 49 3. The claim for an apportionment to be paid to each public school 50 district under this section shall be submitted to the commissioner on a 51 form prescribed for such purpose, and shall be payable no later than the 52 first of September of the year following the year of participation in 53 such shared superintendent program. Claims for an apportionment shall 54 document (a) the district's net cost of the superintendent's prorated 55 annual salary without benefits pursuant to an inter-municipal agreement, 56 contract or memorandum of understanding, and (b) the savings obtained asS. 5168 3 A. 5810 1 a result of a district's participation in the shared superintendent 2 program. The commissioner shall calculate the median salary without 3 benefits of all current full-time public school superintendents in a 4 public school district eligible for an apportionment under subdivision 5 four of section thirty-six hundred two of this chapter in the county or 6 counties where such shared superintendent program is located. 7 4. A superintendent working as an employee of one or more school 8 districts under this section shall not be eligible to earn additional 9 retirement service credit in any public retirement system as defined in 10 section eight hundred of the retirement and social security law. 11 § 2. The sum of one million dollars ($1,000,000), or so much thereof 12 as may be available, is hereby appropriated to the department of educa- 13 tion from any moneys in the state treasury in the general fund to the 14 credit of the state purposes account, not otherwise appropriated, and 15 made immediately available, for the purpose of carrying out the 16 provisions of this act. Such moneys shall be payable on the audit and 17 warrant of the comptroller on vouchers certified or approved by the 18 commissioner of education in the manner prescribed by law. 19 § 3. This act shall take effect immediately.
