S T A T E   O F   N E W   Y O R K
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     S. 2851                                                  A. 3578
 
                        2019-2020 Regular Sessions
 
                       S E N A T E - A S S E M B L Y
 
                             January 29, 2019
                                ___________
 
 IN SENATE -- Introduced by Sen. LAVALLE -- read twice and ordered print-
   ed, and when printed to be committed to the Committee on Finance
 
 IN  ASSEMBLY  -- Introduced by M. of A. THIELE, PALUMBO -- read once and
   referred to the Committee on Education
 
 AN ACT to amend the education law, in relation  to  eligibility  for  an
   apportionment; and making an appropriation therefor
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 1527-c of the education law, as added by section 21
 of subpart F of part C of chapter 97 of the laws of 2011, is amended  to
 read as follows:
   §  1527-c. Shared superintendent program. 1. Notwithstanding any other
 provision of law, rule or regulation  to  the  contrary,  the  governing
 board  of  a  PUBLIC school district ELIGIBLE FOR AN APPORTIONMENT UNDER
 SUBDIVISION FOUR OF SECTION THIRTY-SIX HUNDRED TWO OF THIS  CHAPTER  AND
 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 PUBLIC school districts each
 of which had 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 PUBLIC school districts participating in  the
 shared  contract, PROVIDED THAT SUCH SHARED SUPERINTENDENT CONTRACT MUST
 BE APPROVED BY A DULY ADOPTED BOARD  RESOLUTION  OF  EACH  PARTICIPATING
 PUBLIC  SCHOOL DISTRICT PRIOR TO THE COMMENCEMENT OF SERVICES.  Provided
 however, that this section shall not be construed to  alter,  affect  or
 impair  any  employment  contract  which  is in effect on or before July
 first, two thousand [thirteen]  NINETEEN.  Any  PUBLIC  school  district
 which  has  entered  into  a  school superintendent sharing program will
 continue to be eligible to complete such contract  notwithstanding  that
 the  enrollment  of  the  PUBLIC  school  district exceeded one thousand
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD03262-02-9

 S. 2851                             2                            A. 3578
 
 students after entering into a shared superintendent contract.  PROVIDED
 FURTHER,  THAT  THIS  PROGRAM SHALL ONLY APPLY TO SHARED SUPERINTENDENTS
 AND SHALL NOT APPLY TO SHARED ASSOCIATE SUPERINTENDENTS, SHARED  ASSIST-
 ANT SUPERINTENDENTS, OR SHARED DEPUTY SUPERINTENDENTS.
   2.  (A)  THE COMMISSIONER IS AUTHORIZED TO PROVIDE AN APPORTIONMENT TO
 EACH SCHOOL DISTRICT PARTICIPATING IN A  SHARED  SUPERINTENDENT  PROGRAM
 EQUAL  TO (I) TWENTY-FIVE PERCENT OF SUCH SUPERINTENDENT'S ANNUAL SALARY
 WHERE THERE ARE TWO PARTICIPATING SCHOOL DISTRICTS,  OR  (II)  SEVENTEEN
 PERCENT  OF  SUCH  SUPERINTENDENT'S  ANNUAL SALARY WHERE THERE ARE THREE
 PARTICIPATING SCHOOL DISTRICTS.
   (B) FOR PURPOSES OF CALCULATING THE APPORTIONMENT: (I) THE SUPERINTEN-
 DENT'S ANNUAL SALARY SHALL BE EQUAL TO THE LESSER OF (A) THE  DISTRICT'S
 NET COST OF THE SUPERINTENDENT'S PRORATED ANNUAL SALARY WITHOUT BENEFITS
 PURSUANT  TO  AN  INTER-MUNICIPAL  AGREEMENT,  CONTRACT OR MEMORANDUM OF
 UNDERSTANDING, OR (B) THE MEDIAN SALARY WITHOUT BENEFITS OF ALL  CURRENT
 FULL-TIME  PUBLIC  SCHOOL  SUPERINTENDENTS  IN  A PUBLIC SCHOOL DISTRICT
 ELIGIBLE FOR AN APPORTIONMENT UNDER SUBDIVISION FOUR OF SECTION  THIRTY-
 SIX  HUNDRED  TWO OF THIS CHAPTER IN THE COUNTY WHERE SUCH SHARED SUPER-
 INTENDENT PROGRAM IS LOCATED;
   (II) IN THE EVENT THE PUBLIC SCHOOL DISTRICTS  PARTICIPATING  IN  SUCH
 SHARED  SUPERINTENDENT  PROGRAM  ARE  LOCATED IN DIFFERENT COUNTIES, THE
 SUPERINTENDENT'S SALARY  SHALL  BE  EQUAL  TO  THE  LESSER  OF  (A)  THE
 DISTRICT'S NET COST OF THE SUPERINTENDENT'S PRORATED ANNUAL SALARY WITH-
 OUT BENEFITS PURSUANT TO AN INTER-MUNICIPAL AGREEMENT, CONTRACT OR MEMO-
 RANDUM OF UNDERSTANDING, OR (B) THE AVERAGE OF THE MEDIAN SALARY WITHOUT
 BENEFITS  OF  ALL  CURRENT  FULL-TIME PUBLIC SCHOOL SUPERINTENDENTS IN A
 PUBLIC SCHOOL DISTRICT ELIGIBLE FOR AN APPORTIONMENT  UNDER  SUBDIVISION
 FOUR  OF  SECTION  THIRTY-SIX HUNDRED TWO OF THIS CHAPTER IN EACH COUNTY
 WHERE SUCH SHARED SUPERINTENDENT PROGRAM IS LOCATED.
   (C) WITHIN THE AMOUNTS APPROPRIATED FOR THIS PURPOSE, THE COMMISSIONER
 SHALL PROVIDE AN APPORTIONMENT TO ANY ELIGIBLE SCHOOL  DISTRICT  SUBMIT-
 TING  A  CLAIM UNDER SUBDIVISION THREE OF THIS SECTION. IN THE EVENT THE
 APPROPRIATION FOR PURPOSES OF THIS SUBDIVISION IN ANY YEAR  IS  INSUFFI-
 CIENT  TO  PAY  ALL  CLAIMS  RECEIVED  PURSUANT TO THIS SUBDIVISION, THE
 COMMISSIONER SHALL PAY  SUCH  CLAIMS  ON  A  PRORATED  BASIS  AMONG  ALL
 DISTRICTS  FILING  SUCH  CLAIMS  UNTIL  THE  APPROPRIATION IS EXHAUSTED.
 PROVIDED FURTHER THAT NO APPORTIONMENT SHALL BE PROVIDED TO  ANY  SCHOOL
 DISTRICT   SUBJECT   TO   THE   PROVISIONS   OF   SECTION  TWO  THOUSAND
 TWENTY-THREE-A OF THIS CHAPTER AND THAT HAS ADOPTED A  BUDGET  OR  WHERE
 VOTERS HAVE APPROVED A BUDGET IN EXCESS OF THE TAX LEVY LIMIT PRESCRIBED
 BY  SUCH  SECTION WHERE SUCH BUDGET IS IN EFFECT DURING THE TERM OF SUCH
 SHARED SUPERINTENDENT PROGRAM. PROVIDED FURTHER, THAT IN NO EVENT  SHALL
 DISTRICTS  THAT  HAVE  ENTERED  INTO  AN AIDABLE COOPERATIVE EDUCATIONAL
 SERVICES AGREEMENT FOR ANY SUCH SERVICES WITH  A  BOARD  OF  COOPERATIVE
 EDUCATIONAL  SERVICES PURSUANT TO SECTION NINETEEN HUNDRED FIFTY OF THIS
 CHAPTER BE ELIGIBLE FOR AN AWARD PURSUANT TO THIS SECTION FOR  THE  SAME
 PURPOSE.
   3.  THE  CLAIM  FOR  AN APPORTIONMENT TO BE PAID TO EACH PUBLIC SCHOOL
 DISTRICT UNDER THIS SECTION SHALL BE SUBMITTED TO THE COMMISSIONER ON  A
 FORM PRESCRIBED FOR SUCH PURPOSE, AND SHALL BE PAYABLE NO LATER THAN THE
 FIRST  OF  SEPTEMBER  OF THE YEAR FOLLOWING THE YEAR OF PARTICIPATION IN
 SUCH SHARED SUPERINTENDENT PROGRAM. CLAIMS FOR  AN  APPORTIONMENT  SHALL
 DOCUMENT  (A)  THE  DISTRICT'S NET COST OF THE SUPERINTENDENT'S PRORATED
 ANNUAL SALARY WITHOUT BENEFITS PURSUANT TO AN INTER-MUNICIPAL AGREEMENT,
 CONTRACT OR MEMORANDUM OF UNDERSTANDING, AND (B) THE SAVINGS OBTAINED AS
 A RESULT OF A DISTRICT'S  PARTICIPATION  IN  THE  SHARED  SUPERINTENDENT

 S. 2851                             3                            A. 3578
 
 PROGRAM.  THE  COMMISSIONER  SHALL  CALCULATE  THE MEDIAN SALARY WITHOUT
 BENEFITS OF ALL CURRENT FULL-TIME PUBLIC  SCHOOL  SUPERINTENDENTS  IN  A
 PUBLIC  SCHOOL  DISTRICT ELIGIBLE FOR AN APPORTIONMENT UNDER SUBDIVISION
 FOUR  OF SECTION THIRTY-SIX HUNDRED TWO OF THIS CHAPTER IN THE COUNTY OR
 COUNTIES WHERE SUCH SHARED SUPERINTENDENT PROGRAM IS LOCATED.
   4. A SUPERINTENDENT WORKING AS AN  EMPLOYEE  OF  ONE  OR  MORE  SCHOOL
 DISTRICTS  UNDER  THIS  SECTION SHALL NOT BE ELIGIBLE TO EARN ADDITIONAL
 RETIREMENT SERVICE CREDIT IN ANY PUBLIC RETIREMENT SYSTEM AS DEFINED  IN
 SECTION EIGHT HUNDRED OF THE RETIREMENT AND SOCIAL SECURITY LAW.
   §  2.  The sum of one million dollars ($1,000,000), or so much thereof
 as may be available, is hereby appropriated to the department of  educa-
 tion  from  any  moneys in the state treasury in the general fund to the
 credit of the state purposes account, not  otherwise  appropriated,  and
 made  immediately  available,  for  the  purpose  of  carrying  out  the
 provisions of this act. Such moneys shall be payable on  the  audit  and
 warrant  of  the  comptroller  on  vouchers certified or approved by the
 commissioner of education in the manner prescribed by law.
   § 3. This act shall take effect immediately.