NY Educ L § 1981 (2021)
2021 New York Laws EDN - Education Title 2 - School District Organization Article 40-A - Shared Personnel 1981 - Shared Personnel Between School Districts.

§ 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.