Measuring Up to the Model:

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COMPONENT > Automatic Collective Bargaining Exemption



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

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

How do the laws of each state compare?
State Charter Law Description Rating Weight Total Score
Alaska
Alaska law requires all charter schools to be part of existing collective bargaining agreements, but schools can apply for exemptions.
1 3 3
Arizona
Arizona law provides that all charter schools (no matter their authorizer) are their own legal entity and thus do not have to abide by any outside agreements.
4 3 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.
2 3 6
California
California law provides that charter schools are exempt from district collective bargaining agreements.
4 3 12
Colorado
The law doesn't directly address this issue, but has been consistently interpreted to exempt charter schools from district collective bargaining agreements.
3 3 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.
3 3 9
Delaware
Delaware law provides that charter schools are exempt from participation in any district collective bargaining agreements.
4 3 12
District of Col
The law exempts charter schools from district collective bargaining agreements.
4 3 12
Florida
Florida law provides that charter schools are exempt from participation in any district collective bargaining agreements.
4 3 12
Georgia
Georgia law provides that charter schools are exempt from participation in any district collective bargaining agreements.
4 3 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.
1 3 3
Idaho
Idaho law provides that charter schools are exempt from district collective bargaining agreements.
4 3 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.
4 3 12
Indiana
Indiana law provides that charter schools are exempt from district collective bargaining agreements.
4 3 12
Iowa
Iowa law requires charter schools to be part of their district's collective bargaining agreements.
0 3 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.
1 3 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.
2 3 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.
3 3 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.
1 3 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.
3 3 9
Michigan
Michigan law provides that charter schools are exempted from required participation in the collective agreement of the district in which they reside.
4 3 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 bargaining units 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 agree upon.
4 3 12
Mississippi
Mississippi law states that charter school employees are employees of the local school district (although the local management board of the charter school may select teachers and establish salaries in accordance with the state minimum salary schedule). The law also provides that the state’s Education Employment Procedures Law shall not apply to any category of employee in a charter school (with this law covering things like employee transfer and dismissal).
1 3 3
Missouri
Missouri law provides that charter schools are exempt from participation in any district collective bargaining agreements.
4 3 12
Nevada
Nevada law makes collective bargaining agreement applicable to employees at charters on leave from school districts, but not to other employees.
2 3 6
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.
4 3 12
New Jersey
New Jersey law provides that conversion schools are not exempt from district collective bargaining agreements. It also provides that start-up schools are exempt from district collective bargaining agreements.
2 3 6
New Mexico
New Mexico law does not require any charter schools to be part of existing collective bargaining agreements.
4 3 12
New York
If enrollment at a new charter school exceeds 250 students within the first two years of operation, New York law provides that 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 if the school is authorized by SUNY.  The law also requires that conversion schools are part of district collective bargaining agreements.
2 3 6
North Carolina
For charter schools sponsored by a local school board, teachers remain subject to school district work rules. For all other charter schools, teachers are not subject to school district work rules.
2 3 6
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.
2 3 6
Oklahoma
Oklahoma law exempts charter schools from participation in district collective bargaining agreements.
4 3 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.
4 3 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).
4 3 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 collectively bargaining agreement approve requested variances.
3 3 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.
2 3 6
Tennessee
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.
4 3 12
Texas
Texas is an at-will state.  With limited exceptions, it does not permit collective bargaining agreements.  Consequently, neither state authorized charter schools nor district-authorized charter schools participate in outside collective bargaining agreements.  

However, Texas law provides that state-authorized 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.
2 3 6
Utah
Utah law provides that charter schools are exempt from district collective bargaining agreements.
4 3 12
Virginia
Virginia law requires that charter schools remain part of district collective bargaining agreements and personnel policies.
0 3 0
Washington
Statute indicates that any bargaining unit(s) 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.  It also provides that any charter school is a separate employer from any school district.
4 3 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.
2 3 6
Wyoming
Wyoming law provides that charter schools are exempt from district collective bargaining agreements.
4 3 12