senate Bill S1501

Provides that retired persons shall not be employed as the superintendent of schools of a school district for more than one year

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 09 / Jan / 2013
    • REFERRED TO CIVIL SERVICE AND PENSIONS
  • 11 / Feb / 2013
    • 1ST REPORT CAL.57
  • 12 / Feb / 2013
    • 2ND REPORT CAL.
  • 27 / Feb / 2013
    • ADVANCED TO THIRD READING
  • 20 / Jun / 2013
    • PASSED SENATE
  • 20 / Jun / 2013
    • DELIVERED TO ASSEMBLY
  • 20 / Jun / 2013
    • REFERRED TO GOVERNMENTAL EMPLOYEES
  • 08 / Jan / 2014
    • DIED IN ASSEMBLY
  • 08 / Jan / 2014
    • RETURNED TO SENATE
  • 08 / Jan / 2014
    • REFERRED TO CIVIL SERVICE AND PENSIONS
  • 27 / Jan / 2014
    • 1ST REPORT CAL.65
  • 28 / Jan / 2014
    • 2ND REPORT CAL.
  • 03 / Feb / 2014
    • ADVANCED TO THIRD READING
  • 05 / May / 2014
    • PASSED SENATE
  • 05 / May / 2014
    • DELIVERED TO ASSEMBLY
  • 05 / May / 2014
    • REFERRED TO GOVERNMENTAL EMPLOYEES

Summary

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.

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Bill Details

See Assembly Version of this Bill:
A9832
Versions:
S1501
Legislative Cycle:
2013-2014
Current Committee:
Law Section:
Retirement and Social Security Law
Laws Affected:
Amd ยง211, R & SS L
Versions Introduced in Previous Legislative Cycles:
2011-2012: S937, S937
2009-2010: S566A, S566A
2007-2008: S8171, S8171

Sponsor Memo

BILL NUMBER:S1501

TITLE OF BILL:
An act
to amend the retirement and social security law, in relation to the
employment of retired persons as superintendents of schools

PURPOSE: This legislation provides that retired
persons shall not be
employed as the superintendent of schools of a school district for
more than a year.

SUMMARY OF PROVISIONS: Section 211 of the retirement
and social
security law as amended by adding a new subdivision 4-a to provide
that retired persons shall not be employed as the superintendent of
schools of a school district for more than a year.

On or before the conclusion of the one year period, the district must
permanently fill the position of superintendent with a non-retired
person. The Commissioner of Education may grant a waiver from this
requirement if the district can prove a substantial hardship. The
Commissioner will determine the manner and form of the waiver process

JUSTIFICATION: It has become common practice to fill
vacant School
District Superintendent positions on a temporary basis with retired
education professionals. Under current law, retirees are allowed to
collect both their pension and a full salary from the school
district. Too often, these temporary situations continue for multiple
years without a permanent hire.

While at times districts struggle to immediately find a qualified
replacement, it should not take more than one calendar year to find a
suitable, permanent candidate to lead the school district. This
legislation will require that retired persons shall not be employed
as the superintendent of a school district for more than one year

By limiting these temporary, retiree hires to a one year term, a
younger group of educational professionals will be given and
opportunity to bring a fresh approach to school districts statewide.

LEGISLATIVE HISTORY: S.8171 of 2008 S.566-A of
2009/10. S.937 of 2011/12.

FISCAL IMPLICATIONS: None

EFFECTIVE DATE: This act shall take effect on the
ninetieth day after
it shall have become a law.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  1501

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  Sen.  MARCELLINO  -- read twice and ordered printed, and
  when printed to be committed to the Committee  on  Civil  Service  and
  Pensions

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:

  Section  1.  Section  211 of the retirement and social security law is
amended by adding a new subdivision 4-a to read as follows:
  4-A. (A) EXCEPT AS PROVIDED IN PARAGRAPH (B) OF  THIS  SUBDIVISION,  A
RETIRED PERSON EMPLOYED UNDER THIS SECTION BY A SCHOOL DISTRICT TO SERVE
AS  THE  SUPERINTENDENT  OF  SCHOOLS  FOR SUCH SCHOOL DISTRICT SHALL NOT
SERVE AS SUCH SUPERINTENDENT FOR MORE THAN ONE YEAR.  ON OR  BEFORE  THE
CONCLUSION  OF  SUCH ONE YEAR PERIOD SUCH SCHOOL DISTRICT SHALL FILL THE
POSITION OF SUPERINTENDENT OF SCHOOLS WITH A  NON-RETIRED  PERSON  ON  A
PERMANENT BASIS.
  (B)  THE  COMMISSIONER  OF  EDUCATION  MAY  GRANT  A  WAIVER  FROM THE
PROVISIONS OF PARAGRAPH (A) OF THIS SUBDIVISION TO ANY  SCHOOL  DISTRICT
THAT  DEMONSTRATES TO SUCH COMMISSIONER THAT AFTER DUE DILIGENCE A SUIT-
ABLE CANDIDATE TO FILL THE POSITION OF SUPERINTENDENT OF SCHOOLS HAS NOT
BEEN FOUND AND THAT COMPLIANCE WITH PARAGRAPH (A)  OF  THIS  SUBDIVISION
SHALL  CONSTITUTE  SUBSTANTIAL  HARDSHIP  TO  SUCH  SCHOOL DISTRICT. THE
COMMISSIONER OF EDUCATION SHALL DETERMINE THE MANNER AND FORM IN WHICH A
SCHOOL DISTRICT SHALL APPLY FOR A WAIVER PURSUANT TO THIS PARAGRAPH.
  S 2. This act shall take effect on the ninetieth day  after  it  shall
have become a law.


 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03256-01-3

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