§ 1981. Shared personnel between school districts. 1. Notwithstanding
any other provision of law, school authorities of any school district
may arrange to share the services of a superintendent, associate
superintendent, assistant superintendent or any other employee with
districtwide administrative or supervisory responsibilities with one or
more other school districts.

2. a. Any such shared personnel who are not in a position for which
tenure may be granted pursuant to this chapter shall be considered to be
employed by all participating school districts. Any decisions regarding
the appointment or compensation of such shared personnel shall be made
with the consent of a majority of each of the boards of education of
each participating school district. Compensation and benefits of such
shared personnel shall be provided by each participating school
district, based on an agreed-upon formula.

b. Each agreement to share personnel who are in a position for which
tenure may be granted pursuant to this chapter shall designate a
participating district as the principal employing district. Any such
shared personnel shall be considered to be employed by the principal
employing district; provided that any decisions regarding the
probationary appointment and compensation package of such shared
personnel shall be made with the consent of a majority of each of the
boards of education of each participating district. Decisions regarding
the termination, discipline or tenure of such shared personnel shall be
made by the principal employing district in consultation with all other
participating districts, and services rendered by such shared personnel
under such agreement in any other participating district shall be deemed
to have been rendered in the principal employing district for all
purposes under this chapter, including tenure credit, seniority and
discipline.

(i) The agreement to share personnel shall allow other participating
districts to be substituted as the principal employing district.
Notwithstanding any other provision of law, upon substitution of a new
principal employing district, the shared employee shall be considered an
employee of the new principal employing district with the same tenure
status he or she maintained in such prior principal employing district.
For any such shared employee for salary, sick leave and any other
purposes, the length of service credited in such prior principal
employing district shall be credited as employment time with such new
principal employing district.

(ii) Where the principal employing district abolishes the position of
a shared employee and creates a new position for the performance of
similar duties, in determining the right of the employee under
subdivision one of section three thousand thirteen or subdivision one of
section twenty-five hundred ten to appointment to such new position, the
new position shall be deemed similar if more than forty percent of the
functions of the new position were performed by the shared employee in
the shared position.

(iii) Where a participating district other than the principal
employing district determines to discontinue the services of a shared
employee pursuant to the terms of the agreement to share personnel, the
employee shall retain his or her tenure rights in the principal
employing district only.

3. School authorities of any school district sharing personnel
pursuant to this section shall retain the right to promulgate
educational or administrative policies pertaining to their respective
school district pursuant to law, rule or regulation.

4. All agreements to share personnel pursuant to this section shall be
subject to the approval and oversight of the district superintendent, if
any, or by the commissioner or his designee if there is no local
district superintendent.

5. The commissioner may promulgate rules and regulations to implement
the provisions of this article.