BILL NUMBER: S1095

SPONSOR: BAILEY
 
TITLE OF BILL:

An act to amend the education law, in relation to establishing a charter
school program

 
PURPOSE OR GENERAL IDEA:

To prohibit the conversion of an existing public school to a charter
school where a history of anti-union animus exists.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 adds a new paragraph (d) to subdivision 3 of section 2851 of
the education law, where an application for the conversion of an exist-
ing public school to a charter school shall not be approved or issued to
any school that demonstrates or has demonstrated a practice or pattern
of egregious or intentional violation of subdivision one of section two
hundred nine-a of the civil service law, as determined by the public
employment relations board, involving interference with or discrimi-
              

nation against employee rights under article fourteen of the civil
service law.

Section 2 is the effective date.

 
JUSTIFICATION:

The New York State Charter Schools Act includes wording that addresses
school employees of a charter school, that has been converted from an
existing public school, who are eligible for representation under arti-
cle fourteen of the civil service law. It states that the employees
"shall be deemed to be included within the negotiating unit containing
like titles or positions...for the school district in which such charter
school is located and shall be subjected to the collective bargaining
agreement covering that school district negotiating unit." If the Public
Employment Relations Board determines that the charter school has demon-
strated a practice of egregious or intentional violation of the Civil
Service Law as it provides for the right of employees to organize or to
participate in an employee organization, the charter status is to be
revoked

This legislation will prevent such schools from converting to charter
schools in the first place; this way providing a fair and necessary
extension of these provisions to cases where an existing public school
seeks to convert to a charter school, because such a school already has
a demonstrated history of labor practices that can be assessed. The
enactment of this legislation is consistent with and maintains the
intent of the current law as it should apply to relevant circumstances.

 
PRIOR LEGISLATIVE HISTORY:

2019-20: S2168/A3979 (Hyndman) - Referred to Education

2021-22: S2113/A2648 (Hyndman) - Referred to Education

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately.