Int. No. 1261
By Council Members Powers, Schulman, De La Rosa, Louis, Joseph, Abreu, Bottcher, Zhuang, Holden, Ariola, Marmorato, Paladino and Vernikov
A Local Law to amend the administrative code of the city of New York, in relation to correcting excess pay differentials for paraprofessionals arising from pattern bargaining practices
Be it enacted by the Council as follows:
Section 1. Legislative intent and findings. The council finds and declares that (i) the board of education of the city school district of the city of New York’s long-term reliance on the practice of “pattern bargaining,” or providing for percentage-based increases in pay for certain employees, has as a result of the compounding effects of such increases caused and exacerbated vast differences in pay between employees in different positions at such board, the scale of which were neither foreseen nor intended by the city; (ii) it is necessary and desirable for the city to ameliorate these differences, while at the same time preserving the full range of negotiations available under article 14 of the civil service law; and (iii) this local law is intended to fulfill that purpose.
§ 2. Chapter 1 of title 12 of the administrative code of the city of New York is amended by adding a new section 12-143 to read as follows:
§ 12-143 Excess differential offsets for paraprofessionals employed by board of education. a. Definitions. For the purposes of this section, the following terms have the following meanings:
Base differential. The term “base differential” means, with respect to a given fiscal year, the amount obtained by subtracting (i) the minimum salary for paraprofessionals employed by the board of education, effective on the first day of the twentieth preceding fiscal year, from (ii) the highest salary for principals employed by such board, effective on such day.
Covered fiscal year. The term “covered fiscal year” means a fiscal year for which the excess differential is greater than zero.
Current differential. The term “current differential” means, with respect to a given fiscal year, the amount obtained by subtracting (i) the minimum salary for paraprofessionals employed by the board of education, effective on the first day of such fiscal year, from (ii) the highest salary for principals employed by such board, effective on such day.
Excess differential. The term “excess differential” means, with respect to a given fiscal year, the amount obtained by dividing (i) the difference obtained by subtracting the base differential for such fiscal year from the current differential for such fiscal year by (ii) the dividend obtained by dividing the average highest salary for principals for each year for the preceding 20 fiscal years by the average minimum salary for paraprofessionals for each year for the preceding 20 fiscal years.
Excess differential offset. The term “excess differential offset” means, with respect to a person employed by the board of education as a paraprofessional or substitute paraprofessional for any given fiscal year, a payment equal to the amount obtained by multiplying (i) the excess differential for such fiscal year divided by 185 by (ii) the number of school days that such person was so employed.
b. For each covered fiscal year commencing on or after July 1, 2025, the city shall provide an excess differential offset to each person who was employed by the board of education as a paraprofessional for all or part of such year.
c. The excess differential offset required by this section shall not be considered a salary or wage paid by the board of education nor shall it otherwise be considered a term and condition of employment with such board, as defined by section 201 of the civil service law.
§ 3. This local law takes effect immediately.
LSR #19459
4/18/2025 12:47 PM