NY State Senate Bill 2021-S2174

Archive: Last Bill Status - In Senate Committee Education 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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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 05, 2022	referred to education
Jan 20, 2021	referred to education

2021-S2174 (ACTIVE) - Details

Current Committee:: Senate Education
Law Section:: Education Law
Laws Affected:: Amd §1950, Ed L
Versions Introduced in Other Legislative Sessions:: 2013-2014: S7768
2015-2016: S33
2017-2018: S3203
2019-2020: S3374

2021-S2174 (ACTIVE) - Summary

Extends effectiveness of provisions relating to BOCES intermediate districts.

2021-S2174 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S2174

SPONSOR: HELMING
 
TITLE OF BILL:

An act to amend the education law, in relation to the effectiveness of
provisions relating to BOCES intermediate districts

 
SUMMARY OF PROVISIONS:

Section 1 of the bill would provide that the total salary amount paid to
district superintendents for the 2019-2020 school year and for any other
subsequent school year may not exceed the lesser of 6% over the salary
cap of the preceding school year, or 98% of the commissioner's salary
earned in the 2019-2020 school year.

Section 2 of the bill provides that the act shall take effect immediate-
ly.

 
JUSTIFICATION:

Section 1950(4)(a)(2) of the Education Law caps a BOCES district super-
intendent salary at 98% of the commissioner's 2003-2004 salary. The
current cap equates to about 78% of the commissioner's current salary
and cannot be increased, which is creating problems for many BOCES.

BOCES play an important role in improving the education of students as
well as helping school districts and the State to save money by achiev-
ing collaborations and greater efficiencies. This role requires experi-
enced District Superintendents who are leaders in their field who have
the skills and strong educational background to lead and meet the chal-
lenges necessary to ensure our students succeed.

Under the current statutory cap, District Superintendents in some
regions make less than their colleagues. This has made retaining and
recruiting District Superintendents more difficult and requires
districts to expend more time and money to fill these important posi-
tions.

For these reasons, it is essential that this cap be lifted to ensure
that this does not impede the important work of BOCES. This bill would
update the ten-year-old cap to ensure that BOCES boards can fill
District Superintendent vacancies with qualified candidates that would
be able to receive comparable salaries to those earned by Superinten-
dents in their component school districts.

 
LEGISLATIVE HISTORY:

2019-2020: S.3374 referred Education/A.5536 referred to Education

2018: S.3203-A/A.2112-A vetoed

2017: S.3203 passed Senate/A.2112 referred to Ways and Means

2016: S.33-A passed Senate/A.3547-A referred to Education

2015: S.33 passed Senate/A.3547 referred to Ways and Means

2014 S.7768 referred to Education/A.9925 referred to Ways and Means
 
FISCAL IMPLICATIONS:

Nominal to the State

 
EFFECTIVE DATE:
Immediately.

2021-S2174 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2174
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 20, 2021
                                ___________
 
 Introduced  by  Sen. HELMING -- 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 the  effectiveness  of
   provisions relating to BOCES intermediate districts
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subparagraph 2 of paragraph a of subdivision 4  of  section
 1950  of  the  education  law, as amended by section 52-l of part YYY of
 chapter 59 of the laws of 2019, is amended to read as follows:
   (2) Notwithstanding any inconsistent provision  of  law  in  no  event
 shall  the total salary including amounts paid pursuant to section twen-
 ty-two hundred nine of this chapter for district superintendents for the
 two thousand nineteen--two thousand twenty school year or any subsequent
 school year exceed: (i) one hundred six percent of the salary cap appli-
 cable in the preceding school year, or (ii) ninety-eight percent of that
 earned  by   the   commissioner   in   the   two   thousand   [thirteen]
 TWENTY-ONE--two thousand [fourteen] TWENTY-TWO state fiscal year, which-
 ever is less. In no event shall any district superintendent be permitted
 to  accumulate  vacation or sick leave credits in excess of the vacation
 and sick leave credits managerial/confidential employees  of  the  state
 are  permitted  to accumulate pursuant to regulations promulgated by the
 state civil service commission, nor may any district  superintendent  at
 the  time  of  separation  from  service  be compensated for accrued and
 unused vacation credits or sick leave, or use accrued  and  unused  sick
 leave  for  retirement  service credit or to pay for health insurance in
 retirement,  at  a  rate  in   excess   of   the   rate   permitted   to
 managerial/confidential  employees  of the state pursuant to regulations
 of the state civil service commission. In addition  to  the  payment  of
 supplementary  salary,  a  board of cooperative educational services may
 provide for the payment of all or a portion of  the  cost  of  insurance
 benefits  for  the district superintendent of schools, including but not
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD04621-01-1

 S. 2174                             2
 
 limited to health insurance, disability insurance, life insurance or any
 other    form    of    insurance    benefit    made     available     to
 managerial/confidential  employees  of the state; provided that any such
 payments  for  whole life, split dollar or other life insurance policies
 having a cash value shall  be  included  in  the  total  salary  of  the
 district  superintendent for purposes of this subparagraph, and provided
 further that any payments  for  the  employee  contribution,  co-pay  or
 uncovered  medical  expenses under a health insurance plan also shall be
 included in the total salary of the  district  superintendent.  Notwith-
 standing  any  other provision of law, payments for such insurance bene-
 fits may be based on the district superintendent's total salary  or  the
 amount  of his or her supplementary salary only. Any payments for trans-
 portation or travel expenses in excess of  actual,  documented  expenses
 incurred  in  the  performance  of  duties  for the board of cooperative
 educational services or the state, and any other lump  sum  payment  not
 specifically  excluded  from total salary pursuant to this subparagraph,
 shall be included in the total salary of the district superintendent for
 purposes of this subparagraph.  Nothing herein shall prohibit a district
 superintendent from waiving any  rights  provided  for  in  an  existing
 contract  or  agreement  as  hereafter  prohibited  in  favor of revised
 compensation or benefit provisions as  permitted  herein.  In  no  event
 shall the terms of the district superintendent's contract, including any
 provisions  relating  to  an  increase  in salary, compensation or other
 benefits, be contingent upon the terms of  any  contract  or  collective
 bargaining  agreement  between  the  board  of  cooperative  educational
 services and its teachers or other employees. The commissioner may adopt
 regulations for the purpose of implementing the provisions of this para-
 graph.
   § 2. This act shall take effect immediately.

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Senate Bill S2174

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Archive: Last Bill Status - In Senate Committee Education Committee

Actions

2021-S2174 (ACTIVE) - Details

2021-S2174 (ACTIVE) - Summary

2021-S2174 (ACTIVE) - Sponsor Memo

2021-S2174 (ACTIVE) - Bill Text download pdf

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Sponsored By

Pamela Helming

Archive: Last Bill Status - In Senate Committee Education Committee

Actions

2021-S2174 (ACTIVE) - Details

2021-S2174 (ACTIVE) - Summary

2021-S2174 (ACTIVE) - Sponsor Memo

2021-S2174 (ACTIVE) - Bill Text download pdf

Comments