S T A T E   O F   N E W   Y O R K
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                                  6064

                            I N  S E N A T E

                               (PREFILED)

                             January 4, 2012
                               ___________

Introduced  by  Sen.  DeFRANCISCO -- read twice and ordered printed, and
  when printed to be committed 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

S. 6064                             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.