S T A T E   O F   N E W   Y O R K
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     S. 5168                                                  A. 5810
 
                        2021-2022 Regular Sessions
 
                       S E N A T E - A S S E M B L Y
 
                             February 25, 2021
                                ___________
 
 IN SENATE -- Introduced by Sen. PALUMBO -- 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 -- Multi-Sponsored by -- M.
   of  A.  DeSTEFANO -- read once and referred to the Committee on Educa-
   tion

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

                                                            LBD05694-01-1

 S. 5168                             2                            A. 5810
 
 the  enrollment  of  the  PUBLIC  school  district exceeded one thousand
 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

 S. 5168                             3                            A. 5810
 
 A  RESULT  OF  A  DISTRICT'S  PARTICIPATION IN THE SHARED SUPERINTENDENT
 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.