Senate Bill S8129

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8129
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                               May 15, 2025
                                ___________
 
 Introduced  by Sens. HOYLMAN-SIGAL, LIU -- read twice and ordered print-
   ed, and when printed to be committed to the Committee on Cities 1
 
 AN ACT to amend the administrative code of the  city  of  New  York,  in
   relation to excess differential offsets for paraprofessionals employed
   by board of education

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The administrative code of the city of New York is  amended
 by adding a new section 12-143 to read as follows:
   § 12-143 EXCESS DIFFERENTIAL OFFSETS FOR PARAPROFESSIONALS EMPLOYED BY
 BOARD  OF  EDUCATION.  A. DEFINITIONS. FOR THE PURPOSES OF THIS SECTION,
 THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   1. BASE DIFFERENTIAL. THE TERM "BASE DIFFERENTIAL" MEANS, WITH RESPECT
 TO A GIVEN FISCAL YEAR, THE AMOUNT OBTAINED BY SUBTRACTING (I) THE MINI-
 MUM SALARY FOR PARAPROFESSIONALS EMPLOYED BY  THE  BOARD  OF  EDUCATION,
 EFFECTIVE  ON THE FIRST DAY OF THE TWENTIETH PRECEDING FISCAL YEAR, FROM
 (II) THE HIGHEST SALARY FOR PRINCIPALS EMPLOYED BY SUCH BOARD, EFFECTIVE
 ON SUCH DAY.
   2. COVERED FISCAL YEAR. THE TERM "COVERED FISCAL YEAR" MEANS A  FISCAL
 YEAR FOR WHICH THE EXCESS DIFFERENTIAL IS GREATER THAN ZERO.
   3.  CURRENT  DIFFERENTIAL. THE TERM "CURRENT DIFFERENTIAL" MEANS, WITH
 RESPECT TO A GIVEN FISCAL YEAR, THE AMOUNT OBTAINED BY  SUBTRACTING  (I)
 THE MINIMUM SALARY FOR PARAPROFESSIONALS EMPLOYED BY THE BOARD OF EDUCA-
 TION,  EFFECTIVE  ON  THE  FIRST  DAY OF SUCH FISCAL YEAR, FROM (II) THE
 HIGHEST SALARY FOR PRINCIPALS EMPLOYED BY SUCH BOARD, EFFECTIVE ON  SUCH
 DAY.
   4.  EXCESS  DIFFERENTIAL.  THE  TERM "EXCESS DIFFERENTIAL" MEANS, WITH
 RESPECT TO A GIVEN FISCAL YEAR, THE AMOUNT OBTAINED BY DIVIDING (I)  THE
 DIFFERENCE OBTAINED BY SUBTRACTING THE BASE DIFFERENTIAL FOR SUCH FISCAL
 YEAR  FROM  THE  CURRENT  DIFFERENTIAL  FOR SUCH FISCAL YEAR BY (II) THE
 DIVIDEND OBTAINED BY DIVIDING THE AVERAGE HIGHEST SALARY FOR  PRINCIPALS
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13006-01-5
              

 S. 8129                             2
 
 FOR  EACH  YEAR FOR THE PRECEDING 20 FISCAL YEARS BY THE AVERAGE MINIMUM
 SALARY FOR PARAPROFESSIONALS FOR EACH YEAR FOR THE PRECEDING  20  FISCAL
 YEARS.
   5.  EXCESS  DIFFERENTIAL OFFSET. THE TERM "EXCESS DIFFERENTIAL OFFSET"
 MEANS, WITH RESPECT TO A PERSON EMPLOYED BY THE BOARD OF EDUCATION AS  A
 PARAPROFESSIONAL  OR  SUBSTITUTE  PARAPROFESSIONAL  FOR ANY GIVEN FISCAL
 YEAR, A PAYMENT EQUAL TO THE AMOUNT  OBTAINED  BY  MULTIPLYING  (I)  THE
 EXCESS  DIFFERENTIAL FOR SUCH FISCAL YEAR DIVIDED BY ONE HUNDRED EIGHTY-
 FIVE BY (II) THE NUMBER OF SCHOOL DAYS THAT SUCH PERSON WAS SO EMPLOYED.
   B. FOR EACH COVERED FISCAL YEAR COMMENCING ON OR AFTER JULY FIRST, TWO
 THOUSAND TWENTY-FIVE, THE CITY  SHALL  PROVIDE  AN  EXCESS  DIFFERENTIAL
 OFFSET  TO  EACH  PERSON WHO WAS EMPLOYED BY THE BOARD OF EDUCATION AS A
 PARAPROFESSIONAL FOR ALL OR PART OF SUCH YEAR.
   C. THE EXCESS DIFFERENTIAL OFFSET REQUIRED BY THIS SECTION  SHALL  NOT
 BE  CONSIDERED A SALARY OR WAGE PAID BY THE BOARD OF EDUCATION NOR SHALL
 IT OTHERWISE BE CONSIDERED A TERM AND CONDITION OF EMPLOYMENT WITH  SUCH
 BOARD, AS DEFINED BY SECTION TWO HUNDRED ONE OF THE CIVIL SERVICE LAW.
   § 2. This act shall take effect immediately.