Senate Bill S1472

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

                                  1472

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            February 2, 2009
                               ___________

Introduced  by  Sen.  SALAND -- read twice and ordered printed, and when
  printed to be committed to the Committee on Education

AN ACT to amend the education law, in relation  to  authorizing  certain
  school  districts  to  enter  into  a  school  superintendent  sharing
  contract

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The education law is amended by adding a new section 1527-a
to read as follows:
  S  1527-A.  SHARED  SUPERINTENDENT  PROGRAM. NOTWITHSTANDING ANY OTHER
PROVISION OF LAW, RULE OR REGULATION  TO  THE  CONTRARY,  THE  GOVERNING
BOARD  OF A SCHOOL DISTRICT WITH AN ENROLLMENT OF LESS THAN ONE THOUSAND
STUDENTS IN THE PREVIOUS YEAR SHALL BE AUTHORIZED TO ENTER INTO A SCHOOL
SUPERINTENDENT SHARING CONTRACT WITH NO MORE THAN TWO ADDITIONAL  SCHOOL
DISTRICTS  EACH OF WHICH HAVE FEWER THAN ONE THOUSAND IN ENROLLED PUPILS
IN THE PREVIOUS YEAR. EACH SHARED SUPERINTENDENT  ARRANGEMENT  SHALL  BE
GOVERNED  BY THE BOARDS OF EDUCATION OF THE SCHOOL DISTRICTS PARTICIPAT-
ING IN THE SHARED CONTRACT.  PROVIDED HOWEVER, THAT THIS  SECTION  SHALL
NOT  BE  CONSTRUED  TO  ALTER,  EFFECT OR IMPAIR ANY EMPLOYMENT CONTRACT
WHICH IS IN EFFECT ON OR BEFORE JULY  FIRST,  TWO  THOUSAND  SIX.    ANY
SCHOOL  DISTRICT  WHICH HAS ENTERED INTO A SCHOOL SUPERINTENDENT SHARING
PROGRAM WILL CONTINUE TO BE ELIGIBLE TO COMPLETE SUCH CONTRACT  NOTWITH-
STANDING  THAT  THE ENROLLMENT OF THE SCHOOL DISTRICT EXCEEDED ONE THOU-
SAND STUDENTS AFTER ENTERING INTO A SHARED SUPERINTENDENT CONTRACT.
  S 2. Subparagraph 6 of paragraph d of subdivision 14 of  section  3602
of  the  education law, as added by section 17-a of part B of chapter 57
of the laws of 2007, is amended to read as follows:
  (6) where such reorganization includes at least two  school  districts
employing  eight or more teachers forming a central high school district
pursuant to section nineteen hundred  thirteen  of  this  chapter,  such
reorganized  district  shall be entitled to an apportionment equal to an

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07296-01-9
              

S. 1472                             2

additional percent of the apportionment computed in accordance with  the
provisions  of  paragraph  d-1 of this subdivision; but in no case shall
the sum of such apportionment under this  paragraph  plus  the  selected
operating  aid  per pupil be more than a total of ninety-five per centum
of the year prior to the base year approved  operating  expense;  for  a
period of [five] TEN years beginning with the first school year of oper-
ation  [as]  a  reorganized  district [such] SHALL RECEIVE AN additional
FORTY percent [shall be forty percent]; and thereafter  such  additional
forty  percent  apportionment  to such district shall be reduced by four
percentage points each year, beginning with the [sixth] ELEVENTH  school
year  of  operation as a reorganized district, and continuing until such
additional forty percent apportionment is [eliminated] REDUCED TO TWENTY
PERCENT; provided, however, that the total apportionment to  such  reor-
ganized district, beginning with the first school year of operation as a
reorganized  district[,  and  for a period of fifteen years thereafter,]
shall be not less than the sum of all apportionments computed in accord-
ance with the  provisions  of  this  paragraph  plus  the  apportionment
computed  in  accordance  with  the  provisions of paragraph d-1 of this
subdivision that each component school district was entitled to  receive
and did receive during the last school year preceding such first year of
operation.  In  the  event  a  school district is eligible for incentive
operating aid and again reorganizes pursuant to a new plan  or  reorgan-
ization  established by the commissioner, and where such new reorganiza-
tion is again eligible for incentive operating aid,  the  newly  created
school  district  shall  be  entitled to receive incentive operating aid
pursuant to the provisions  of  this  paragraph,  based  on  all  school
districts  included  in any such reorganization, provided, however, that
incentive operating aid payments due because of any such former reorgan-
ization shall cease.
  S 3. Subdivision 14 of section 3602 of the education law is amended by
adding a new paragraph h to read as follows:
  H. NOTWITHSTANDING ANY OTHER PROVISION OF LAW  TO  THE  CONTRARY,  FOR
SCHOOL DISTRICTS WHICH REORGANIZE AFTER JULY FIRST, TWO THOUSAND TEN, NO
APPORTIONMENT  SHALL  BE PROVIDED PURSUANT TO PARAGRAPHS C AND D OF THIS
SUBDIVISION UNLESS: (I) IT IS DEMONSTRATED TO THE  SATISFACTION  OF  THE
COMMISSIONER  THAT  THE  REORGANIZATION  WILL RESULT IN COST SAVINGS AND
(II) IN THE FIRST TWO SCHOOL YEARS  FOLLOWING  REORGANIZATION,  THE  TAX
LEVY OF THE REORGANIZED SCHOOL DISTRICT IN THE CURRENT YEAR IS LESS THAN
THE  COMBINED  TAX LEVY OF THE SCHOOL DISTRICTS THAT FORMED THE REORGAN-
IZED DISTRICT FOR THE SCHOOL YEAR PRIOR TO THE  REORGANIZATION,  AND  IN
EACH YEAR AFTER YEAR THREE OF REORGANIZATION FIFTY PERCENT OF THE INCEN-
TIVE  AID  PROVIDED PURSUANT TO PARAGRAPH D OF THIS SUBDIVISION SHALL BE
UTILIZED TO REDUCE THE TAX LEVY OF THE REORGANIZED SCHOOL DISTRICT.
  S 4. This act shall take effect immediately.