NY State Senate Bill 2015-S456

Senate Bill S456

2015-2016 Legislative Session

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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Archive: Last Bill Status - In Senate Committee Rules Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 17, 2016	committed to rules
Feb 01, 2016	advanced to third reading
Jan 26, 2016	2nd report cal.
Jan 25, 2016	1st report cal.65
Jan 06, 2016	referred to civil service and pensions
Jun 25, 2015	committed to rules
Feb 25, 2015	advanced to third reading
Feb 10, 2015	2nd report cal.
Feb 09, 2015	1st report cal.68
Jan 07, 2015	referred to civil service and pensions

Votes

- Jan 25, 2016 - Civil Service And Pensions Committee Vote
  S456
  
  7
  
  Aye
  
  3
  
  Nay
  
  1
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Civil Service And Pensions Committee Vote: Jan 25, 2016
      
      aye (7)
      
      Comrie
      
      Golden
      
      Lanza
      
      Martins
      
      Ortt
      
      Ritchie
      
      Savino
      
      nay (3)
      
      Addabbo Jr.
      
      Persaud
      
      Sanders Jr.
      
      aye wr (1)
      
      Croci
  Feb 9, 2015 - Civil Service And Pensions Committee Vote
  S456
  
  6
  
  Aye
  
  3
  
  Nay
  
  1
  
  Aye with Reservations
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Civil Service And Pensions Committee Vote: Feb 9, 2015
      
      aye (6)
      
      Golden
      
      Lanza
      
      Martins
      
      Ortt
      
      Ritchie
      
      Savino
      
      nay (3)
      
      Addabbo Jr.
      
      Comrie
      
      Dilan
      
      aye wr (1)
      
      Croci
      
      excused (1)
      
      Sanders Jr.

co-Sponsors

2015-S456 (ACTIVE) - Details

Current Committee:: Senate Rules
Law Section:: Retirement and Social Security Law
Laws Affected:: Amd §211, R & SS L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S566
2011-2012: S937
2013-2014: S1501
2017-2018: S1148

2015-S456 (ACTIVE) - 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.

2015-S456 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S456

 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.1501 of 2013/14.

 FISCAL IMPLICATIONS :

None.

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

2015-S456 (ACTIVE) - Bill Text download pdf

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

                                   456

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 7, 2015
                               ___________

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.
                                                           LBD02468-01-5

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Senate Bill S456

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Sponsored By

Carl L. Marcellino