Senate Bill S860

                                 
BILL NUMBER: S860

SPONSOR: BAILEY
 
TITLE OF BILL:

An act to amend the education law, in relation to establishing a charter
school program

 
PURPOSE OR GENERAL IDEA:

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:

Section one of the bill amends the relevant provision of the education
law to indicate that an application for the conversion of an existing
public school to a charter school shall not be approved or issued where
it is demonstrated that the school has engaged a practice or pattern of
egregious or intentional violations of certain enumerated laws.

 
              

JUSTIFICATION:

The New York State Charter Schools Act includes wording that addresses
school employees of a charter school that has been converted from an
existing public school, who are eligible for representation under arti-
cle fourteen of the civil service law. It states that the employees
"shall be deemed to be included within the negotiating unit containing
like titles or positions...for the school district in which such charter
school is located and shall be subjected to the collective bargaining
agreement covering that school district negotiating unit." If the Public
Employment Relations Board determines that the charter school has demon-
strated a practice of egregious or intentional violation of the Civil
Service Law as it provided for the right of employees to organize or to
participate in an employee organization, the charter status is to be
revoked.

This legislation will prevent such schools from converting into charter
schools in the first place, providing 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 demon-
strated history of labor practices that can be assessed. 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:

2019-20: Referred to Education

2021-22: Referred to Education

2023-24: Referred to Education

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
Immediately.