What's happening
This bill updates the salary cap formula for BOCES district superintendents, using 2019-2020 values instead of 2003-2004.
Why it matters
Brings salary cap calculations for BOCES superintendents up to date. by using 2019-2020 figures as the new baseline, making the cap more reflective of current compensation and cost-of-living realities rather than outdated early-2000s numbers.
Could help attract and retain qualified leaders. for BOCES districts, since the previous cap based on 2003-2004 figures may have discouraged experienced candidates due to uncompetitive pay limits.
Maintains strict limits on salary growth. by continuing to restrict increases to either 106% of the previous year's cap or 98% of the state commissioner’s 2019-2020 salary, whichever is less—helping to control costs for taxpayers while modernizing the pay structure.
Retains important benefit and accrual restrictions. (e.g., on vacation and sick leave, insurance, and travel) to ensure total compensation remains transparent and aligned with public sector standards, even with the updated salary cap baseline.
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Who cares
Headline styles
Update BOCES Salary Rules
Plain English, a few words. Used as the page title.
Sponsors
2 Co-sponsors
History
- Referred to education
- Referred to education
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Update BOCES Superintendent Pay Rules
In Assembly Committee · Education · Sponsor Catherine Nolan
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
3374
2019-2020 Regular Sessions
IN SENATE
February 6, 2019
Introduced by Sen. HELMING -- 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 the effectiveness of provisions relating to BOCES intermediate districts
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Subparagraph 2 of paragraph a of subdivision 4 of section 1950 of the education law, as amended by chapter 698 of the laws of 2003, is amended to read as follows:
(2) Notwithstanding any inconsistent provision of law in no event shall the total salary including amounts paid pursuant to section twenty-two hundred nine of this chapter for district superintendents [for each school year through the two thousand two--two thousand three school year exceed ninety-eight percent of that earned by the commissioner for state fiscal year nineteen hundred ninety-two--ninety-three, and in no event shall such total salary for a district superintendent] for the two thousand [three] nineteen--two thousand [four] twenty school year or any subsequent school year exceed: (i) one hundred six percent of the salary cap applicable in the preceding school year, or (ii) ninety-eight percent of that earned by the commissioner in the two thousand [three] nineteen--two thousand [four] twenty state fiscal year, whichever is less. In no event shall any district superintendent be permitted to accumulate vacation or sick leave credits in excess of the vacation and sick leave credits managerial/confidential employees of the state are permitted to accumulate pursuant to regulations promulgated by the state civil service commission, nor may any district superintendent at the time of separation from service be compensated for accrued and unused vacation credits or sick leave, or use accrued and unused sick leave for retirement service credit or to pay for health insurance in retirement, at a rate in excess of the rate permitted to managerial/confidential employees of the state pursuant to regulations of the state civil
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09426-01-9
S. 3374 2
service commission. In addition to the payment of supplementary salary, a board of cooperative educational services may provide for the payment of all or a portion of the cost of insurance benefits for the district superintendent of schools, including but not limited to health insurance, disability insurance, life insurance or any other form of insurance benefit made available to managerial/confidential employees of the state; provided that any such payments for whole life, split dollar or other life insurance policies having a cash value shall be included in the total salary of the district superintendent for purposes of this subparagraph, and provided further that any payments for the employee contribution, co-pay or uncovered medical expenses under a health insurance plan also shall be included in the total salary of the district superintendent. Notwithstanding any other provision of law, payments for such insurance benefits may be based on the district superintendent's total salary or the amount of his or her supplementary salary only. Any payments for transportation or travel expenses in excess of actual, documented expenses incurred in the performance of duties for the board of cooperative educational services or the state, and any other lump sum payment not specifically excluded from total salary pursuant to this subparagraph, shall be included in the total salary of the district superintendent for purposes of this subparagraph. Nothing herein shall prohibit a district superintendent from waiving any rights provided for in an existing contract or agreement as hereafter prohibited in favor of revised compensation or benefit provisions as permitted herein. In no event shall the terms of the district superintendent's contract, including any provisions relating to an increase in salary, compensation or other benefits, be contingent upon the terms of any contract or collective bargaining agreement between the board of cooperative educational services and its teachers or other employees. The commissioner may adopt regulations for the purpose of implementing the provisions of this paragraph.
§ 2. This act shall take effect immediately.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the education law, in relation to the effectiveness of provisions relating to BOCES intermediate districts
Summary of provisions
Section 1 of the bill would provide that the total salary amount paid to district superintendents for the 2019-2020 school year and for any other subsequent school year may not exceed the lesser of 6% over the salary cap of the preceding school year, or 98% of the commissioner's salary earned in the 2019-2020 school year.
Section 2 of the bill provides that the act shall take effect immediate- ly.
Justification
Section 1950(4)(a)(2) of the Education Law caps a BOCES district super- intendent salary at 98% of the commissioner's 2003-2004 salary. The current cap equates to about 78% of the commissioner's current salary and cannot be increased, which is creating problems for many BOCES.
BOCES play an important role in improving the education of students as well as helping school districts and the State to save money by achiev- ing collaborations and greater efficiencies. This role requires experi- enced District Superintendents who are leaders in their field who have the skills and strong educational background to lead and meet the chal- lenges necessary to ensure our students succeed.
Under the current statutory cap, District Superintendents in some regions make less than their colleagues. This has made retaining and recruiting District Superintendents more difficult, and requires districts to expend more time and money to fill these important posi- tions.
For these reasons, it is essential that this cap be lifted to ensure that this does not impede the important work of BOCES. This bill would update the ten year old cap to ensure that BOCES boards can fill District Superintendent vacancies with qualified candidates that would be able to receive comparable salaries to those earned by Superinten- dents in their component school districts.
Prior legislative history
2018: S.3203-A/A.2112-A vetoed
2017: S.3203 passed Senate/A.2112 referred to Ways and Means
2016: S.33-A passed Senate/A.3547-A referred to Education
2015: S.33 passed Senate/A.3547 referred to Ways and Means
2014 S.7768 referred to Education/A.9925 referred to Ways and Means
Fiscal implications
Nominal to the State.
Effective date
This act shall take effect immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.