2017 ORS 338.135¹
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.

(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 (Definitions for ORS 243.650 to 243.782) to 243.782 (Representation by counsel authorized), 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) 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.

(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 (Types of licenses).

(8) Notwithstanding ORS 243.650 (Definitions for ORS 243.650 to 243.782), a public charter school shall be considered a school district for purposes of ORS 243.650 (Definitions for ORS 243.650 to 243.782) to 243.782 (Representation by counsel authorized). 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 (Definitions for chapter) (5) 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]

Note: The amendments to 338.135 (Employees) by section 7, chapter 327, Oregon Laws 2013, become operative July 1, 2018. See section 8, chapter 327, Oregon Laws 2013. The text that is operative until July 1, 2018, is set forth for the user’s convenience.

338.135 (Employees). (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 (Definitions for ORS 243.650 to 243.782) to 243.782 (Representation by counsel authorized), 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) 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.

(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 (Types of licenses).

(8) Notwithstanding ORS 243.650 (Definitions for ORS 243.650 to 243.782), a public charter school shall be considered a school district for purposes of ORS 243.650 (Definitions for ORS 243.650 to 243.782) to 243.782 (Representation by counsel authorized). 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 (Definitions for chapter) (5) may not waive the right to sponsor a public charter school in a collective bargaining agreement.

Notes of Decisions

Parents con­ducting day-to-day instruc­tion of students are considered teaching staff for purposes of 50 percent licensure require­ment. Coquille School District 8 v. Castillo, 212 Or App 596, 159 P3d 338 (2007)

Atty. Gen. Opinions

Ability of charter school to contract opera­tions to private, for-profit entity, (2000) Vol 49, p 254

Chapter 338

Atty. Gen. Opinions

Ability of charter school to contract opera­tions to private, for-profit entity, (2000) Vol 49, p 254

Law Review Cita­tions

36 WLR 265 (2000)

1 Legislative Counsel Committee, CHAPTER 338—Public Charter School, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors338.­html (2017) (last ac­cessed Mar. 30, 2018).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2017, Chapter 338, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano338.­html (2017) (last ac­cessed Mar. 30, 2018).
 
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent.