Measuring Up to the Model



weight: 3 | possible total: 12

14. Automatic Collective Bargaining Exemption

14A. Charter schools authorized by non-local board authorizers are exempt from participation in any outside collective bargaining agreements.

14B. Charter schools authorized by local boards are exempt from participation in any district collective bargaining agreements.

How well do states’ laws align to this component of the model law?

State

Charter Law Description

Score

Alaska

Alaska law requires all charter schools to be part of existing collective bargaining agreements, but schools can apply for exemptions.

3

Arizona

Arizona law provides that all charter schools are their own legal entity and thus do not have to abide by any outside agreements.

12

Arkansas

Arkansas law provides that open enrollment charter schools are exempt from participation in school district personnel policies, but that conversion charter schools are bound by school district personnel policies.

6

California

California law provides that charter schools are exempt from district collective bargaining agreements.

12

Colorado

The law doesn’t explicitly address this issue, but has been consistently interpreted to exempt charter schools from district collective bargaining agreements.

9

Connecticut

Connecticut law allows a state charter school’s teachers to negotiate as a separate unit within the charter school governing council or work independently. It requires a local charter school’s teachers to be covered by the school district collective bargaining agreement, but such agreement may be modified by a majority of a charter school’s teachers and the charter schools’ governing council.

9

Delaware

Delaware law provides that charter schools are exempt from participation in any district collective bargaining agreements.

12

District of Columbia

The law exempts charter schools from district collective bargaining agreements.

12

Florida

Florida law provides that charter schools are exempt from participation in any district collective bargaining agreements.

12

Georgia

Georgia law provides that charter schools are exempt from participation in any district collective bargaining agreements.

12

Hawaii

Hawaii law provides that the negotiated master agreements apply to charter school employees unless the exclusive union representatives and the local school board of a charter school enter into supplemental agreements that contain cost and non-cost items to facilitate decentralized decision-making. In addition, any person with civil service status in a conversion school retains that status and all privileges and benefits as other civil servants.

3

Idaho

Idaho law provides that charter schools are exempt from district collective bargaining agreements.

12

Illinois

Illinois law provides that charter schools are exempt from district collective bargaining agreements. It also specifies that any bargaining unit of charter school employees that is formed must be separate and distinct from any bargaining units formed from employees of a school district in which the charter school is located.

12

Indiana

Indiana law provides that charter schools are exempt from district collective bargaining agreements.

12

Iowa

Iowa law requires charter schools to be part of their district’s collective bargaining agreements.

0

Kansas

Kansas law provides that a charter school's teachers remain covered by the school district collective bargaining agreement, although waivers may be granted if specified in the charter.

3

Louisiana

Louisiana law requires the provisions of any collective bargaining agreement entered into by the local school board in whose jurisdiction the charter school is located to apply to such charter schools, unless its approved charter provides otherwise. A charter operator may select to not be subject to such a collective bargaining agreement in its charter. This provision does not apply to Type 5 charters, which are exempt from participation in any district collective bargaining agreement.

6

Maine

Maine law provides that teachers in new start-up schools have the right to bargain collectively, but it must be separate from other bargaining units such as the district bargaining unit. The law also provides that these teachers cannot be required to be members of any existing agreement.

Maine law provides that teachers in conversion schools have a right to benefits as stated in applicable collective bargaining agreements or they may vote to be represented in alternative ways.

9

Maryland

Maryland law provides that a charter school's teachers remain covered by the school district collective bargaining agreement, although a charter school and a local teachers' union may mutually agree to negotiate amendments to the existing agreement to address the needs of the particular public charter school.

3

Massachusetts

Commonwealth charter teachers may work independently or bargain collectively. Horace Mann charter teachers remain bound by school district collective bargaining agreements to the extent provided by the terms of their charters.

9

Michigan

Michigan law provides that charter schools are exempted from required participation in the collective agreement of the district in which they reside.

12

Minnesota

Minnesota law provides that a charter school’s teachers are at will employees and may organize for collective bargaining similar to teachers in other districts. It also provides that a bargaining unit at a school authorized by a traditional school district must negotiate as a separate unit with the charter school governing body or remain part of the school district unit if certain conditions and approvals are agreed upon.

12

Mississippi

State law provides that charter schools are exempt from participation in state and school district personnel policies.

12

Missouri

Missouri law provides that charter schools are exempt from participation in any district collective bargaining agreements.

12

Nevada

Nevada law makes collective bargaining agreement applicable to employees at charters on leave from school districts, but not to other employees.

12

New Hampshire

New Hampshire law does not require charter schools to participate in existing district bargaining agreements. Statue also specifies that any bargaining units at a charter school must be separate from other bargaining units.

12

New Jersey

New Jersey law provides that start-up schools are exempt from district collective bargaining agreements, but also provides that conversion schools are not exempt from district collective bargaining agreements.

6

New Mexico

New Mexico law does not require any charter schools to be part of existing collective bargaining agreements.

12

New York

New York law exempts most public charter schools from existing collective bargaining agreements. However, the law requires that conversion schools are part of district collective bargaining agreements, but it allows such agreements to be modified. The law also provides that if enrollment at a new charter school exceeds 250 students within the first two years of operation, all employees of the school will be considered members of the same union or employee organization that represents like-employees in the school district. Such schools may still apply for one of a limited number of waivers under the law.

9

North Carolina

Charter school teachers are not subject to school district work rules.

12

Ohio

For start-ups, Ohio law exempts charter schools from mandatory participation in any outside collective bargaining agreements.

The law subjects conversions to a school district's collective bargaining agreement, unless a majority of the charter school's teachers petition to work independently or form their own unit. Ohio law provides that employees of a conversion charter school sponsored by the board of education of a municipal school district are no longer subject to any future collective bargaining agreement if the mayor submits to the board of education sponsoring the school and to the state employment relations board a statement requesting that all employees of the conversion charter school be removed from a collective bargaining unit.

9

Oklahoma

Oklahoma law exempts charter schools from participation in district collective bargaining agreements.

12

Oregon

Oregon law provides that charter schools are exempt from district collective bargaining agreements and personnel policies, though they may participate in a district bargaining unit by choice or organize separately.

12

Pennsylvania

Pennsylvania law provides that a charter school’s teachers may work independently or bargain collectively (but not as part of the school district’s collective bargaining unit).

12

Rhode Island

Rhode Island law exempts independent and mayoral academies from district collective bargaining agreements, although they must identify the sending school district(s) rules from which they are seeking variances within the application. The law also provides that district charter schools are bound by the district collective bargaining agreement unless the parties to the collective bargaining agreement approve variances requested by the school.

9

South Carolina

South Carolina law provides that charter schools are exempt from participation in any district collective bargaining agreements, except that the provisions of state law concerning employment and dismissal of teachers apply to staff at conversion charter schools that were there at the time of conversion.

9

Tennessee

The law does not require a charter school to participate in a collective bargaining agreement. However, a charter school's employees may form a bargaining unit, which may elect to represent themselves in negotiations with the charter school's governing body, or they may elect to be represented by any qualified person or organization, including the local bargaining unit within the school district. A charter school's bargaining unit can bargain only with the governing board of the charter school, and not with the local school board.

12

Texas

Texas is an at-will state. With limited exceptions, it does not permit collective bargaining agreements. Consequently, neither open-enrollment charter schools nor district-authorized charter schools participate in outside collective bargaining agreements.

However, Texas law provides that open-enrollment charter schools are exempt from participation in school district personnel policies, but that district-authorized charter schools are not exempt from participation in school district personnel policies.

6

Utah

Utah law provides that charter schools are exempt from district collective bargaining agreements.

12

Virginia

According to the law, charter school personnel are considered employees of the local school board granting the charter and are granted the same employment benefits in accordance with the district’s personnel policies (unless the local school board allows charter school personnel to be employees of the charter school governing board).

3

Washington

State law provides that charter schools are exempt from participation in any outside collective bargaining agreements. Statute indicates that any bargaining units established at a charter school must be limited to employees working in the school and must be separate from other bargaining units in school districts, educational service districts, or institutions of higher education.

12

Wisconsin

Under Wisconsin law, charter schools authorized by non-local board authorizers are exempt from participation in any outside collective bargaining agreements, while those authorized by local school boards are not exempt from participation in any district collective bargaining agreements.

6

Wyoming

Wyoming law provides that charter schools are exempt from district collective bargaining agreements.

12