Bill Text: NY S05020 | 2009-2010 | General Assembly | Introduced
Bill Title: Provides that employees of charter schools shall be entitled to be represented by the same collective bargaining unit that represents the public school employees of the school district in which the charter school is located, and shall be entitled to the same retirement system membership as such public school employees are entitled.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2010-01-06 - REFERRED TO EDUCATION [S05020 Detail]
Download: New_York-2009-S05020-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
5020
2009-2010 Regular Sessions
I N S E N A T E
April 27, 2009
___________
Introduced by Sen. SAVINO -- read twice and ordered printed, and when
printed to be committed to the Committee on Education
AN ACT to amend the education law, in relation to the rights of employ-
ees of charter schools; and to repeal paragraph (b-1) of subdivision 3
of section 2854 of such law relating to collective bargaining repre-
sentation of employees of charter schools
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Paragraphs (b) and (c) of subdivision 3 of section 2854 of
2 the education law, as added by chapter 4 of the laws of 1998, are
3 amended to read as follows:
4 (b) The school employees of a charter school [that has been converted
5 from an existing public school] who are eligible for representation
6 under article fourteen of the civil service law shall be deemed to be
7 included within the negotiating unit containing like titles or posi-
8 tions, if any, for the school district in which such charter school is
9 located and shall be subject to the collective bargaining agreement
10 covering that school district negotiating unit; provided, however, that
11 a majority of the members of a negotiating unit within a charter school
12 may modify, in writing, a collective bargaining agreement for the
13 purposes of employment in the charter school with the approval of the
14 board of trustees of the charter school.
15 (c) The employees of the charter school [may] SHALL be deemed employ-
16 ees of the local school district for the purpose of providing retirement
17 benefits, including membership in the teachers' retirement system and
18 other retirement systems open to employees of public schools. The finan-
19 cial contributions for such benefits shall be the responsibility of the
20 charter school and the school's employees. The commissioner, in consul-
21 tation with the comptroller, shall develop regulations to implement the
22 provisions of this paragraph in a manner that allows charter schools to
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01398-01-9
S. 5020 2
1 provide retirement benefits to its employees in the same manner as other
2 public school employees.
3 S 2. Paragraph (b-1) of subdivision 3 of section 2854 of the education
4 law is REPEALED.
5 S 3. This act shall take effect on the thirtieth day after it shall
6 have become a law.
REPEAL NOTE.--Paragraph (b-1) of subdivision 3 of section 2854 of the
education law, proposed to be repealed by section two of this act,
exempts employees of charter schools, that are not conversions from
existing public schools, from collective bargaining representation by
the unit representing public school employees.
