Provides that retired persons shall not be employed as the superintendent of schools of a school district for more than one year; provides for a waiver of such provision if such school district demonstrates undue hardship.
Ayes (53): Adams, Addabbo, Alesi, Avella, Ball, Bonacic, Breslin, Carlucci, DeFrancisco, Dilan, Duane, Espaillat, Flanagan, Fuschillo, Gallivan, Gianaris, Golden, Griffo, Grisanti, Hannon, Hassell-Thomps, Huntley, Kennedy, Klein, Krueger, Lanza, Larkin, LaValle, Marcellino, Martins, Maziarz, McDonald, Nozzolio, Oppenheimer, Parker, Peralta, Perkins, Ranzenhofer, Ritchie, Rivera, Saland, Sampson, Savino, Serrano, Seward, Skelos, Smith, Squadron, Stavisky, Stewart-Cousin, Valesky, Young, Zeldin
Nays (6): Farley, Libous, Little, Montgomery, O'Mara, Robach
Excused (2): Diaz, Johnson
TITLE OF BILL: An act to amend the retirement and social security law, in relation to the employment of retired persons as superintendents of schools
PURPOSE: This legislation provides that retired persons shall not be employed as the superintendent of schools of a school district for more than a year.
SUMMARY OF PROVISIONS: Section 211 of the retirement and social security law as amended by adding a new subdivision 4-a to provide that retired persons shall not be employed as the superintendent of schools of a school district for more than a year.
On or before the conclusion of the one year period, the district must permanently fill the position of superintendent with a non-retired person. The Commissioner of Education may grant a waiver from this requirement if the district can prove a substantial hardship. The Commissioner will determine the manner and form of the waiver process.
JUSTIFICATION: It has become common practice to fill vacant School District Superintendent positions on a temporary basis with retired education professionals. Under current law, retirees are allowed to collect both their pension and a full salary from the school district. Too often, these temporary situations continue for multiple years without a permanent hire.
While at times districts struggle to immediately find a qualified replacement, it should not take more than one calendar year to find a suitable, permanent candidate to lead the school district. This legislation will require that retired persons shall not be employed as the superintendent of a school district for more than one year.
By limiting these temporary, retiree hires to a one year term, a younger group of educational professionals will be given and opportunity to bring a fresh approach to school districts statewide.
LEGISLATIVE HISTORY: S.8171 of 2008. S.566-A of 2009/10
FISCAL IMPLICATIONS: None.
EFFECTIVE DATE: This act shall take effect on the ninetieth day after it shall have become a law.
STATE OF NEW YORK ________________________________________________________________________ 937 2011-2012 Regular Sessions IN SENATE (PREFILED) January 5, 2011 ___________Introduced by Sens. MARCELLINO, LARKIN -- read twice and ordered print- ed, and when printed to be committed to the Committee on Civil Service and Pensions AN ACT to amend the retirement and social security law, in relation to the employment of retired persons as superintendents of schools THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 211 of the retirement and social security law is amended by adding a new subdivision 4-a to read as follows: 4-A. (A) EXCEPT AS PROVIDED IN PARAGRAPH (B) OF THIS SUBDIVISION, A RETIRED PERSON EMPLOYED UNDER THIS SECTION BY A SCHOOL DISTRICT TO SERVE AS THE SUPERINTENDENT OF SCHOOLS FOR SUCH SCHOOL DISTRICT SHALL NOT SERVE AS SUCH SUPERINTENDENT FOR MORE THAN ONE YEAR. ON OR BEFORE THE CONCLUSION OF SUCH ONE YEAR PERIOD SUCH SCHOOL DISTRICT SHALL FILL THE POSITION OF SUPERINTENDENT OF SCHOOLS WITH A NON-RETIRED PERSON ON A PERMANENT BASIS. (B) THE COMMISSIONER OF EDUCATION MAY GRANT A WAIVER FROM THE PROVISIONS OF PARAGRAPH (A) OF THIS SUBDIVISION TO ANY SCHOOL DISTRICT THAT DEMONSTRATES TO SUCH COMMISSIONER THAT AFTER DUE DILIGENCE A SUIT- ABLE CANDIDATE TO FILL THE POSITION OF SUPERINTENDENT OF SCHOOLS HAS NOT BEEN FOUND AND THAT COMPLIANCE WITH PARAGRAPH (A) OF THIS SUBDIVISION SHALL CONSTITUTE SUBSTANTIAL HARDSHIP TO SUCH SCHOOL DISTRICT. THE COMMISSIONER OF EDUCATION SHALL DETERMINE THE MANNER AND FORM IN WHICH A SCHOOL DISTRICT SHALL APPLY FOR A WAIVER PURSUANT TO THIS PARAGRAPH. S 2. This act shall take effect on the ninetieth day after it shall have become a law.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD04374-01-1