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