S T A T E O F N E W Y O R K
________________________________________________________________________
8865
I N A S S E M B L Y
(PREFILED)
January 4, 2012
___________
Introduced by M. of A. MAGNARELLI -- read once and referred to the
Committee 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 Syracuse 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 section 2 of part B of chapter 88 of the laws of 2000, 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 [and], Rochester, AND SYRACUSE
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
section 18 of subpart F of part C of chapter 97 of the laws of 2011, is
amended to read as follows:
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD13793-01-2
A. 8865 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 [and], Rochester, AND SYRACUSE 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
section 4 of part B of chapter 88 of the laws of 2000, 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 [and], Rochester, AND SYRACUSE, the
associate, assistant and district superintendents and all other super-
vising staff who are excluded from the right to bargain collectively
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.