N.Y. Education Law § 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.