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 2073
House Bill 2754
Sponsored by COMMITTEE ON EDUCATION
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.
Expands prohibition related to employment of persons through
contract with entity to provide educational services.
Declares emergency, effective on passage.
A BILL FOR AN ACT
Relating to employment at a public entity; amending ORS 338.025
and 338.135; and declaring an emergency.
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 - } { + an + } 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.
(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.
SECTION 2. ORS 338.025 is amended to read:
338.025. (1) The State Board of Education may adopt any rules
necessary for the implementation of this chapter. The rules shall
follow the intent of this chapter.
(2) Upon application by a public charter school, the State
Board of Education may grant a waiver of any provision of this
chapter if the waiver promotes the development of programs by
providers, enhances the equitable access by underserved families
to the public education of their choice, extends the equitable
access to public support by all students or permits high quality
programs of unusual cost. The State Board of Education may not
waive any appeal provision in this chapter or any provision under
ORS 338.115 (1)(a) to (u), 338.120, 338.125 (4) { - , 338.135
(2)(b) - } or 339.122.
SECTION 3. ORS 338.025, as amended by section 8, chapter 839,
Oregon Laws 2007, section 14, chapter 50, Oregon Laws 2008,
section 5, chapter 53, Oregon Laws 2010, section 4, chapter 72,
Oregon Laws 2010, section 5, chapter 94, Oregon Laws 2011,
section 4, chapter 649, Oregon Laws 2011, and section 27, chapter
718, Oregon Laws 2011, is amended to read:
338.025. (1) The State Board of Education may adopt any rules
necessary for the implementation of this chapter. The rules shall
follow the intent of this chapter.
(2) Upon application by a public charter school, the State
Board of Education may grant a waiver of any provision of this
chapter if the waiver promotes the development of programs by
providers, enhances the equitable access by underserved families
to the public education of their choice, extends the equitable
access to public support by all students or permits high quality
programs of unusual cost. The State Board of Education may not
waive any appeal provision in this chapter or any provision under
ORS 338.115 (1)(a) to (v), 338.120, 338.125 (4) { - , 338.135
(2)(b) - } or 339.122.
SECTION 4. { + This 2013 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2013 Act takes effect on its
passage. + }
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