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Education: Jun 5, 2012

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Active List: May 9, 2011 , Active List: Jun 12, 2012 , Floor Calendar: May 4, 2011 , Floor Calendar: May 9, 2011 , Floor Calendar: Jun 6, 2012 , Floor Calendar: Jun 11, 2012 , Floor Calendar: Jun 12, 2012

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Memo

BILL NUMBER:S3964B

TITLE OF BILL: An act to amend the education law, in relation to establishing residency requirements for school district superintendents

PURPOSE OF BILL: This bill requires School District Superintendents to be residents of the State.

SUMMARY OF PROVISIONS: Section 1 amends the Education Law by adding a new section 1526-a to establishes residency requirements for District Superintendents and to provide that the requirement may be waived for good cause shown for a period of one year following a Superintendent's initial employment. It further provides for residency requirements to be included in the contract for employment and a failure to comply shall void such contract.

Section 2 makes the act take effect on the first of July next succeeding the date on which it shall have become law.

JUSTIFICATION: School District Superintendents should be held to the same standards as our Federal, State and local elected officials, School Board Members, and BOCES District superintendents who represent our communities. Due to a quirk in the existing law they're not required to live within their school district, let alone the same county or even New York State. We need to change this.

School District Superintendents are leaders in our local community. They make recommendations to their School Boards and execute policies that affect hundreds of employees and thousands of taxpayers. They should pay the same taxes and be subject to the policies that they impose on those they represent.

This bill only requires that a School District Superintendent live within the boundaries of New York State, a requirement that is both fair and reasonable.

LEGISLATIVE HISTORY: New Bill.

FISCAL IMPLICATIONS: None to the State.

EFFECTIVE DATE: This law shall take effect on the first of July next succeeding the date on which it is passed.

Text

STATE OF NEW YORK
________________________________________________________________________

3964--B
Cal. No. 367

2011-2012 Regular Sessions

IN SENATE

March 10, 2011
___________

Introduced  by  Sens. LIBOUS, LARKIN, LAVALLE, MAZIARZ -- read twice and
  ordered printed, and when printed to be committed to the Committee  on
  Education  -- reported favorably from said committee, ordered to first
  and second report, amended on second report, ordered to a third  read-
  ing,  and to be reprinted as amended, retaining its place in the order
  of third reading -- again amended and ordered reprinted, retaining its
  place in the order of third reading

AN ACT to amend the education law, in relation to establishing residency
  requirements for school district superintendents

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The education law is amended by adding a new section 1526-a
to read as follows:
  S  1526-A.  DISTRICT  SUPERINTENDENT; RESIDENCY. EVERY SCHOOL DISTRICT
SUPERINTENDENT SHALL BE A RESIDENT OF THE  STATE.    PROVIDED,  HOWEVER,
THAT  THE  RESIDENCY  REQUIREMENT OF THIS SECTION MAY BE WAIVED FOR GOOD
CAUSE SHOWN FOR A  PERIOD  OF  ONE  YEAR  FOLLOWING  A  SUPERINTENDENT'S
INITIAL  EMPLOYMENT  BY  THE  SCHOOL DISTRICT. SUCH WAIVER SHALL ONLY BE
GRANTED UPON APPLICATION TO AND UPON THE WRITTEN CONSENT OF THE  COMMIS-
SIONER.   PROVIDED, FURTHER, THAT EVERY NEW AND RENEWAL CONTRACT FOR THE
EMPLOYMENT OF A SCHOOL SUPERINTENDENT SHALL INCLUDE  THE  PROVISIONS  OF
THIS  SECTION  AND  A  PROVISION  THAT  THE  FAILURE  TO COMPLY WITH THE
PROVISIONS OF THIS SECTION SHALL VOID SUCH CONTRACT.
  S 2. This act shall take effect on the first of July  next  succeeding
the  date  on which it shall have become a law and shall apply to school
district superintendents commencing employment or renewing their employ-
ment contracts on or after such date.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09247-05-1