S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3842
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 8, 2023
                                ___________
 
 Introduced by M. of A. THIELE -- 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
 students  after entering into a shared superintendent contract. PROVIDED
 FURTHER, THAT THIS PROGRAM SHALL ONLY APPLY  TO  SHARED  SUPERINTENDENTS
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03802-01-3
 A. 3842                             2
              

 
 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
 PROGRAM.  THE  COMMISSIONER  SHALL  CALCULATE  THE MEDIAN SALARY WITHOUT
 BENEFITS OF ALL CURRENT FULL-TIME PUBLIC  SCHOOL  SUPERINTENDENTS  IN  A
 A. 3842                             3
 
 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.