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

                                  4852

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            February 11, 2013
                               ___________

Introduced  by M. of A. PRETLOW -- read once and referred to the Commit-
  tee on Education

AN ACT to amend the  education  law,  in  relation  to  authorizing  the
  appointment  of  supervising  staff in the city school district of the
  city of Yonkers by the superintendent of such district

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

  Section  1.  Subdivision  2  of  section 2554 of the education law, as
amended by chapter 27 of the  laws  of  2012,  is  amended  to  read  as
follows:
  2.  To create, abolish, maintain and consolidate such positions, divi-
sions, boards or bureaus as, in its judgment, may be necessary  for  the
proper  and  efficient  administration  of its work; to appoint a super-
intendent of schools, such  associate,  assistant,  district  and  other
superintendents,  examiners,  directors, supervisors, principals, teach-
ers, lecturers, special instructors, medical inspectors,  nurses,  audi-
tors, attendance officers, secretaries, clerks, custodians, janitors and
other  employees  and other persons or experts in educational, social or
recreational work or in the business  management  or  direction  of  its
affairs  as  said  board  shall  determine  necessary  for the efficient
management of the schools and other  educational,  social,  recreational
and  business  activities;  provided,  however,  that in the city school
districts of the cities of Buffalo, Rochester, [and] Syracuse, AND YONK-
ERS appointment of associate, assistant  and  district  superintendents,
and  other  supervising staff who are excluded from the right to bargain
collectively pursuant to article  fourteen  of  the  civil  service  law
shall,  within the amounts budgeted for such positions, be by the super-
intendent of such city school district; and to  determine  their  duties
except as otherwise provided herein.
  S  2.   Subdivision 6 of section 2566 of the education law, as amended
by chapter 27 of the laws of 2012, is amended to read as follows:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08086-01-3
              

A. 4852                             2

  6. To have supervision and direction of associate, assistant, district
and other superintendents, directors, supervisors, principals, teachers,
lecturers, medical inspectors, nurses, claims  auditors,  deputy  claims
auditors,  attendance  officers,  janitors and other persons employed in
the management of the schools or the other educational activities of the
city  authorized  by this chapter and under the direction and management
of the board of education, except that in the city school  districts  of
the  cities  of  Buffalo, Rochester, [and] Syracuse, AND YONKERS to also
appoint, within the amounts budgeted therefor, such associate, assistant
and district superintendents and all other  supervising  staff  who  are
excluded  from  the  right  to  bargain collectively pursuant to article
fourteen of the civil service law; to transfer teachers from one  school
to another, or from one grade of the course of study to another grade in
such  course, and to report immediately such transfers to said board for
its consideration and action; to  report  to  said  board  of  education
violations  of  regulations and cases of insubordination, and to suspend
an associate, assistant, district  or  other  superintendent,  director,
supervisor,  expert, principal, teacher or other employee until the next
regular meeting of the board, when all facts relating to the case  shall
be submitted to the board for its consideration and action.
  S  3.   Subdivision 3 of section 2573 of the education law, as amended
by chapter 27 of the laws of 2012, is amended to read as follows:
  3.  Associate  superintendents,  examiners  and  all  other  employees
authorized  by  section  twenty-five hundred fifty-four of this article,
except as otherwise provided in subdivision one of this  section,  shall
be  appointed  by  the board of education except that in the city school
districts of the cities of Buffalo, Rochester, [and] Syracuse, AND YONK-
ERS, the associate, assistant and district superintendents and all other
supervising staff who are excluded from the right to bargain collective-
ly pursuant to article fourteen  of  the  civil  service  law  shall  be
appointed,  within  amounts  budgeted therefor, by the superintendent of
such city school district. In a city having a population of one  million
or  more,  such  appointments  shall be made on nomination of the super-
intendent of schools. Notwithstanding any other provision in this  chap-
ter  to the contrary, whenever an associate superintendent of schools in
the employ of the board of education in a city having  a  population  of
one  million  or more fails of reappointment, said person shall be imme-
diately appointed an assistant superintendent of schools with  permanent
appointment  as  said  term permanent appointment is defined in subdivi-
sions four, five and six of this section. The salary of  such  assistant
superintendent shall be less than the salary of an associate superinten-
dent, but said differential in salary shall not exceed ten per centum of
the  annual  salary  of  an associate superintendent of schools.   When,
however, an associate superintendent of schools who fails of  reappoint-
ment  has  to  his credit thirty or more years of city service including
ten or more  years  of  service  as  such  associate  superintendent  of
schools,  he shall suffer no reduction of salary or of pension prospects
while serving as such assistant superintendent of schools.
  S 4.  This act shall take effect immediately.