Bill Text: OR HB3216 | 2013 | Regular Session | Introduced

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Bill Title: Relating to collective bargaining by employees of a public charter school.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2013-07-08 - In committee upon adjournment. [HB3216 Detail]

Download: Oregon-2013-HB3216-Introduced.html

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     77th OREGON LEGISLATIVE ASSEMBLY--2013 Regular Session

NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .

LC 3433

                         House Bill 3216

Sponsored by Representative DEMBROW

                             SUMMARY

The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.

  Makes employees of public charter school members of collective
bargaining unit that represents employees of district in which
public charter school is located who perform same duties as
employees of public charter school.

                        A BILL FOR AN ACT
Relating to collective bargaining by employees of a public
  charter school; amending ORS 338.135.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 338.135 is amended to read:
  338.135. (1) Employee assignment to a public charter school
shall be voluntary.
  (2)(a) A public charter school or the sponsor of the public
charter school is considered the employer of any employees of the
public charter school. If a school district board is not the
sponsor of the public charter school, the school district board
may not be the employer of the employees of the public charter
school and the school district board may not collectively bargain
with the employees of the public charter school. The public
charter school governing body shall control the selection of
employees at the public charter school.
  (b) If a virtual public charter school or the sponsor of a
virtual public charter school contracts with a for-profit entity
to provide educational services through the virtual public
charter school, the for-profit entity may not be the employer of
any employees of the virtual public charter school.
  (3) The school district board of the school district within
which the public charter school is located shall grant a leave of
absence to any employee who chooses to work in the public charter
school. The length and terms of the leave of absence shall be set
by negotiated agreement or by board policy. However, the length
of the leave of absence may not be less than two years unless:
  (a) The charter of the public charter school is terminated or
the public charter school is dissolved or closed during the leave
of absence; or
  (b) The employee and the school district board have mutually
agreed to a different length of time.
  (4) An employee of a public charter school operating within a
school district who is granted a leave of absence from the school
district and returns to employment with the school district shall
retain seniority and benefits as an employee pursuant to the
terms of the leave of absence. Notwithstanding ORS 243.650 to
243.782, a school district that was the employer of an employee
of a public charter school not operating within the school
district may make provisions for the return of the employee to
employment with the school district.
  (5) For purposes of ORS chapters 238 and 238A, a public charter
school shall be considered a public employer and as such shall
participate in the Public Employees Retirement System.
  (6) For teacher licensing, employment experience in public
charter schools shall be considered equivalent to experience in
public schools.
  (7)(a) Any person employed as an administrator in a public
charter school shall be licensed or registered to administer by
the Teacher Standards and Practices Commission.
  (b) Any person employed as a teacher in a public charter school
shall be licensed or registered to teach by the commission.
  (c) Notwithstanding paragraph (a) or (b) of this subsection, at
least one-half of the total full-time equivalent (FTE) teaching
and administrative staff at the public charter school shall be
licensed by the commission pursuant to ORS 342.135, 342.136,
342.138 or 342.140.
  (8) Notwithstanding ORS 243.650, a public charter school shall
be considered a school district for purposes of ORS 243.650 to
243.782. An employee of a public charter school may be a member
of a labor organization or organize with other employees to
bargain collectively.   { - Bargaining units at the public
charter school may be separate from other bargaining units of the
sponsor or of the school district in which the public charter
school is located. Employees of a public charter school may be
part of the bargaining units of the sponsor or of the school
district in which the public charter school is located. - }
 { + Employees of a public charter school who perform the same
duties as the employees of the district in which the public
charter school is located are a part of the bargaining unit that
represents the district employees who perform those duties. + }
  (9) An entity described in ORS 338.005 (5) may not waive the
right to sponsor a public charter school in a collective
bargaining agreement.
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