2023 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.