S T A T E O F N E W Y O R K
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1814
2009-2010 Regular Sessions
I N A S S E M B L Y
January 12, 2009
___________
Introduced by M. of A. NOLAN -- Multi-Sponsored by -- M. of A. McENENY,
MILLMAN -- read once and referred 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:
Section 1. Paragraphs (b) and (c) of subdivision 3 of section 2854 of
the education law, as added by chapter 4 of the laws of 1998, are
amended to read as follows:
(b) The school employees of a charter school [that has been converted
from an existing public school] who are eligible for representation
under article fourteen of the civil service law shall be deemed to be
included within the negotiating unit containing like titles or posi-
tions, if any, for the school district in which such charter school is
located and shall be subject to the collective bargaining agreement
covering that school district negotiating unit; provided, however, that
a majority of the members of a negotiating unit within a charter school
may modify, in writing, a collective bargaining agreement for the
purposes of employment in the charter school with the approval of the
board of trustees of the charter school.
(c) The employees of the charter school [may] SHALL be deemed employ-
ees of the local school district for the purpose of providing retirement
benefits, including membership in the teachers' retirement system and
other retirement systems open to employees of public schools. The finan-
cial contributions for such benefits shall be the responsibility of the
charter school and the school's employees. The commissioner, in consul-
tation with the comptroller, shall develop regulations to implement the
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
A. 1814 2
provide retirement benefits to its employees in the same manner as other
public school employees.
S 2. Paragraph (b-1) of subdivision 3 of section 2854 of the education
law is REPEALED.
S 3. This act shall take effect on the thirtieth day after it shall
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.