§ 1981 — Shared personnel between school districts

§ 1981. Shared personnel between school districts. 1. Notwithstanding\nany other provision of law, school authorities of any school district\nmay arrange to share the services of a superintendent, associate\nsuperintendent, assistant superintendent or any other employee with\ndistrictwide administrative or supervisory responsibilities with one or\nmore other school districts.\n 2. a. Any such shared personnel who are not in a position for which\ntenure may be granted pursuant to this chapter shall be considered to be\nemployed by all participating school districts. Any decisions regarding\nthe appointment or compensation of such shared personnel shall be made\nwith the consent of a majority of each of the boards of education of\neach participating school district. Compensation and benefits of such\nshared personnel shall be provided by each participating school\ndistrict, based on an agreed-upon formula.\n b. Each agreement to share personnel who are in a position for which\ntenure may be granted pursuant to this chapter shall designate a\nparticipating district as the principal employing district. Any such\nshared personnel shall be considered to be employed by the principal\nemploying district; provided that any decisions regarding the\nprobationary appointment and compensation package of such shared\npersonnel shall be made with the consent of a majority of each of the\nboards of education of each participating district. Decisions regarding\nthe termination, discipline or tenure of such shared personnel shall be\nmade by the principal employing district in consultation with all other\nparticipating districts, and services rendered by such shared personnel\nunder such agreement in any other participating district shall be deemed\nto have been rendered in the principal employing district for all\npurposes under this chapter, including tenure credit, seniority and\ndiscipline.\n (i) The agreement to share personnel shall allow other participating\ndistricts to be substituted as the principal employing district.\nNotwithstanding any other provision of law, upon substitution of a new\nprincipal employing district, the shared employee shall be considered an\nemployee of the new principal employing district with the same tenure\nstatus he or she maintained in such prior principal employing district.\nFor any such shared employee for salary, sick leave and any other\npurposes, the length of service credited in such prior principal\nemploying district shall be credited as employment time with such new\nprincipal employing district.\n (ii) Where the principal employing district abolishes the position of\na shared employee and creates a new position for the performance of\nsimilar duties, in determining the right of the employee under\nsubdivision one of section three thousand thirteen or subdivision one of\nsection twenty-five hundred ten to appointment to such new position, the\nnew position shall be deemed similar if more than forty percent of the\nfunctions of the new position were performed by the shared employee in\nthe shared position.\n (iii) Where a participating district other than the principal\nemploying district determines to discontinue the services of a shared\nemployee pursuant to the terms of the agreement to share personnel, the\nemployee shall retain his or her tenure rights in the principal\nemploying district only.\n 3. School authorities of any school district sharing personnel\npursuant to this section shall retain the right to promulgate\neducational or administrative policies pertaining to their respective\nschool district pursuant to law, rule or regulation.\n 4. All agreements to share personnel pursuant to this section shall be\nsubject to the approval and oversight of the district superintendent, if\nany, or by the commissioner or his designee if there is no local\ndistrict superintendent.\n 5. The commissioner may promulgate rules and regulations to implement\nthe provisions of this article.\n