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Education Commission of the States • 700 Broadway, Suite 810 • Denver, CO 80203-3442 • 303.299.3600 • Fax: 303.296.8332 • www.ecs.org
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Collective Bargaining Agreements
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| Alaska : Charter Schools (2005) |
Yes. |
| Arizona : Charter Schools (2005) |
No. A charter school's teachers may remain covered by the school district's collective bargaining agreement, negotiate as a separate unit with the charter school governing body or work independently. |
| Arkansas : Charter Schools (2005) |
Yes. |
| California : Charter Schools (2005) |
No. A charter school's teachers have the same option to form a union as other school district employees. The drafters of the school's charter decide whether they will remain covered by the school district's collective bargaining agreement or have the right to organize independently. If they are independent, they are generally subject to the state's education collective bargaining laws. |
| Colorado : Charter Schools (2005) |
No. A charter school's teachers may remain covered by the school district's collective bargaining agreement, negotiate as a separate unit with the charter school governing body or work independently. |
| Connecticut : Charter Schools (2005) |
A local charter school's teachers are 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 school's governing council. A state charter school's teachers may negotiate as a separate unit with the charter school governing council or work independently. |
| Delaware : Charter Schools (2005) |
No. A charter school's teachers are not covered by school district collective bargaining agreements. They may negotiate as a separate unit with the charter school governing body or work independently. |
| District of Columbia : Charter Schools (2005) |
No. |
| Florida : Charter Schools (2005) |
No. Charter school employees shall have the option to bargain collectively. Employees may collectively bargain as a separate unit or as part of the existing district collective bargaining unit as determined by the structure of the charter school. |
| Georgia : Charter Schools (2005) |
No. |
| Hawaii : Charter Schools (2005) |
Yes. |
| Idaho : Charter Schools (2005) |
No. Staff of the charter school is considered a separate unit for purposes of collective bargaining. |
| Illinois : Charter Schools (2005) |
No. However, any bargaining unit of charter school employees that is formed shall be separate and distinct from any bargaining units formed from employees of a school district in which the charter school is located. |
| Indiana : Charter Schools (2005) |
A conversion charter school's teachers are bound by collective bargaining agreements, but they may seek waivers from the agreements. A start-up charter school's teachers may negotiate as a separate unit with the charter school governing council or work independently. |
| Iowa : Charter Schools (2005) |
Yes. |
| Kansas : Charter Schools (2005) |
Yes. A charter school's teachers remain covered by the school district collective bargaining agreement, although a waiver may be granted if specified in charter. |
| Maryland : Charter Schools (2005) |
Yes, 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. |
| Massachusetts : Charter Schools (2005) |
Horace Mann charters remain bound by school district collective bargaining agreements to the extent provided by the terms of their charters. Commonwealth charters are not bound by these agreements. |
| Michigan : Charter Schools (2005) |
Teachers in charter schools authorized by local school boards are covered by school district collective bargaining agreement. Other charter school teachers are not, and may negotiate as a separate unit with a charter school governing body or work independently. |
| Minnesota : Charter Schools (2005) |
No. A charter school's teachers may negotiate as separate unit with the charter school governing body or work independently. A charter school's bargaining unit may remain part of the school district unit if teachers, the charter school governing board, the local school board and the teachers' union in the school district agree. |
| Mississippi : Charter Schools (2005) |
Yes. |
| Missouri : Charter Schools (2005) |
No. |
| Nebraska : Charter Schools (2005) |
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| New Hampshire : Charter Schools (2005) |
No. Any teacher may choose to be an employee of a charter school, in which case such teacher shall have the rights of a teacher in public education to join or organize collective bargaining units. |
| New Jersey : Charter Schools (2005) |
Teachers in converted public schools are covered by school district collective bargaining agreement. Teachers in start-ups may remain covered by school district collective bargaining agreement, negotiate as a separate unit with charter school governing board or work independently. |
| New Mexico : Charter Schools (2005) |
No. |
| New York : Charter Schools (2005) |
Conversion charter schools are bound by existing school district collective bargaining agreements. Start-up charter schools enrolling up to 250 students in the first year are not deemed members of any existing collective bargaining unit representing employees of the school district in which the charter school is located, and the charter school and its employees are not subject to any existing collective bargaining agreement between the school districts and its employees. Start-up charter schools with enrollment larger than 250 are deemed to be represented in a separate negotiating unit at the charter school by the same employee organization, if any, that represents like employees in the school district in which such charter school is located; however, this provision may be waived in up to 10 charters issued by the State University of New York, is not applicable to the renewal or extension of a charter and does not subject such a charter school to any collective bargaining agreement between any school district and its employees or does not make such a charter school part of any negotiating unit at such school district. The charter school may, in its sole discretion, choose whether or not to offer the terms of any existing collective bargaining to school employees. |
| North Carolina : Charter Schools (2005) |
For charter schools sponsored by local school board, teachers remain subject to school district work rules unless they negotiate to work independently. For all other charter schools, teachers are not subject to school district work rules. |
| Ohio : Charter Schools (2005) |
For start-ups, teachers may work independently or form a collective bargaining unit. Conversions are subject 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. |
| Oklahoma : Charter Schools (2005) |
No. However, charter school may choose to be a part of the collective bargaining agreement. |
| Oregon : Charter Schools (2005) |
No. However, a charter school's teachers may participate in existing collective bargaining units or may form collective bargaining units that are separate from existing ones. Also, if a school board is not the sponsor of the charter school, the school board is not the employer of the employees of the charter school and the school board cannot collectively bargain with the employees of the charter school. |
| Pennsylvania : Charter Schools (2005) |
No. However, a charter school's staff may bargain collectively, but not as part of the school district's collective bargaining unit. |
| Puerto Rico : Charter Schools (2005) |
No. |
| Rhode Island : Charter Schools (2005) |
Yes. A charter school's teachers are covered by school district collective bargaining agreement. |
| South Carolina : Charter Schools (2005) |
For conversions, a charter school's teachers remain covered by school district employment policy. For start-ups, a charter school's teachers may remain covered by school district employment policy, negotiate as separate unit with charter school governing body or work independently. |
| Tennessee : Charter Schools (2005) |
No. 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. |
| Texas : Charter Schools (2005) |
Teachers at school-district approved charter schools are school district employees. Teachers at open-enrollment charter schools work independently. |
| Utah : Charter Schools (2005) |
No. |
| Virginia : Charter Schools (2005) |
Yes. |
| Wisconsin : Charter Schools (2005) |
In charter schools that are part of a school district, yes. In other charter schools, no. |
| Wyoming : Charter Schools (2005) |
No. |