NY State Senate Bill 2017-S1148

Senate Bill S1148

2017-2018 Legislative Session

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

download bill text pdf

Archive: Last Bill Status - In Senate Committee Civil Service And Pensions 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

Please enter your contact information

First Name

Last Name

Email Address

A valid email address is required.

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2018	referred to civil service and pensions
Jan 06, 2017	referred to civil service and pensions

2017-S1148 (ACTIVE) - Details

Current Committee:: Senate Civil Service And Pensions
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
2015-2016: S456

2017-S1148 (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.

2017-S1148 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S1148

 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 an
opportunity to bring a fresh approach to school districts statewide.

 LEGISLATIVE HISTORY :

S.456 of 2015/16

 FISCAL IMPLICATIONS :

None.

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

2017-S1148 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1148
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                              January 6, 2017
                                ___________
 
 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.
   § 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.
                                                            LBD05956-01-7

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.