BILL NUMBER:S5142

TITLE OF BILL:
An act
to amend the education law, in relation to establishing a charter school
program

PURPOSE OR GENERAL IDEA OF BILL:
To prohibit the conversion of an
existing public school to a charter school where a history of
anti-union animus exists.

SUMMARY OF SPECIFIC PROVISIONS:
This legislation amends education law
provisions governing the criteria required in cases where an existing
public school seeks to convert to a charter school. This bill requires
the disapproval of the conversion of an existing public school to a
charter school where a history of anti-union animus exists. The
public Employment Relations Board shall determine the existence of
anti-union animus in any school that demonstrates or has demonstrated
a practice or pattern of egregious or intentional violation of
Article Fourteen of the Civil Service Law as it provides for the
right of employees to organize and to participate in an employee
organization. The bill allows for a district to apply for conversion
to a charter school at another time.

              

JUSTIFICATION:
The New York State Charter Schools Act specifically
includes the existence of anti-union animus in a newly created
charter school as a cause for revocation of the charter". The
determination that the charter school has demonstrated a practice of
egregious or intentional violation of the Civil Service Law as it
provides for the right of employees to organize or to participate in
an employee organization is to be made by the Public Employment
Relations Board. This legislation provides a fair and necessary
extension of these provisions to cases where an existing public school
seeks to convert to a charter school, because such a school already
has a demonstrated history of labor practices that can be assessed. As
a relatively new law, the application of the provisions contained in
the New York State Charter Schools Act will continue to increase. The
enactment of this legislation is consistent with and maintains the
intent of the current law as it should apply to relevant circumstances.

PRIOR LEGISLATIVE HISTORY:

2009/10: A.2332
2007/08: A.2229
2005/06: A.2284
2003/04: A.402
2001/02: A.3652
1999/00: A.9873

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect immediately.