338.135 Employees; licensure and registration requirements; collective bargaining; prohibition on waiver of right to sponsor charter school
1,955 words·~9 min read·
/or/ors-chapter-338/operation/338-135·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
338.135 Employees; licensure and registration requirements; collective bargaining; prohibition on waiver of right to sponsor charter school.
(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 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 unless:
(A)The employee is an administrator who does not have any teaching responsibilities; and
(B)Both the executive officer of the sponsor and the public charter school governing body approve employment by the for-profit entity. The executive officer or governing body may choose to grant approval under this subparagraph:
(i)For all employees of the for-profit entity who meet the description in subparagraph
(A)of this paragraph;
(ii)Based on the job categories of the employees who meet the description in subparagraph
(A)of this paragraph; or
(iii)On a case-by-case basis for each employee who meets the description in subparagraph
(A)of this paragraph.
(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 243.809, 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)(a) 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.
(b)For purposes of determining the salary paid to an active member of the Public Employees Retirement System under ORS 238A.005
(17)during the period between August 29, 2003, and January 1, 2020, remuneration paid to a member in return for services to a public charter school is deemed includable in the member’s taxable income under Oregon law during a period of continuous employment with any public charter school if:
(A)The member was hired in a qualifying position by any public charter school on or after August 29, 2003;
(B)The member was informed in writing by the public charter school during the period of continuous employment that the member was eligible to participate in the Public Employees Retirement System and the public charter school made contributions to the system on the member’s behalf;
(C)The remuneration was, or would have been if the member were an Oregon resident, includable in the member’s taxable income under Oregon law during the period of continuous employment; and
(D)The member resided and performed services in the United States during the period of continuous employment.
(c)As used in this subsection, “continuous employment” means employment with a public charter school that is not interrupted by a period of more than 30 consecutive calendar days.
(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 342.125.
(8)Notwithstanding ORS 243.650, a public charter school shall be considered a school district for purposes of ORS 243.650 to 243.809. 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
(4)may not waive the right to sponsor a public charter school in a collective bargaining agreement. [1999 c.200 §17; 1999 c.199 §1; 2003 c.733 §73; 2007 c.575 §6; 2009 c.691 §13a; 2011 c.695 §8; 2013 c.327 §§6,7; 2015 c.647 §§4,5; 2018 c.72 §29; 2021 c.135 §14; 2022 c.81 §29]
Note: The amendments to 338.135 by section 9, chapter 101, Oregon Laws 2024, become operative January 1, 2030. See section 18, chapter 101, Oregon Laws 2024. The text that is operative on and after January 1, 2030, is set forth for the user’s convenience.
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 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 unless:
(A)The employee is an administrator who does not have any teaching responsibilities; and
(B)Both the executive officer of the sponsor and the public charter school governing body approve employment by the for-profit entity. The executive officer or governing body may choose to grant approval under this subparagraph:
(i)For all employees of the for-profit entity who meet the description in subparagraph
(A)of this paragraph;
(ii)Based on the job categories of the employees who meet the description in subparagraph
(A)of this paragraph; or
(iii)On a case-by-case basis for each employee who meets the description in subparagraph
(A)of this paragraph.
(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 243.809, 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)(a) 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.
(b)For purposes of determining the salary paid to an active member of the Public Employees Retirement System under ORS 238A.005
(18)during the period between August 29, 2003, and January 1, 2020, remuneration paid to a member in return for services to a public charter school is deemed includable in the member’s taxable income under Oregon law during a period of continuous employment with any public charter school if:
(A)The member was hired in a qualifying position by any public charter school on or after August 29, 2003;
(B)The member was informed in writing by the public charter school during the period of continuous employment that the member was eligible to participate in the Public Employees Retirement System and the public charter school made contributions to the system on the member’s behalf;
(C)The remuneration was, or would have been if the member were an Oregon resident, includable in the member’s taxable income under Oregon law during the period of continuous employment; and
(D)The member resided and performed services in the United States during the period of continuous employment.
(c)As used in this subsection, “continuous employment” means employment with a public charter school that is not interrupted by a period of more than 30 consecutive calendar days.
(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 342.125.
(8)Notwithstanding ORS 243.650, a public charter school shall be considered a school district for purposes of ORS 243.650 to 243.809. 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
(4)may not waive the right to sponsor a public charter school in a collective bargaining agreement.