5012-S.E AMH SCHU H3140.1

ESSB 5012 - H AMD TO H AMD (H3107.4) 562

By Representative Schual-Berke

On page 2, beginning on line 29 of the amendment, strike all of subsection (6)

Renumber the remaining subsections consecutively and correct any internal references accordingly.

On page 7, beginning on line 20 of the amendment, after "Applications" strike all material through "school" on line 21

On page 11, line 24 of the amendment, after "A charter" strike "for the conversion of a public school"

On page 15, line 20 of the amendment, after "a" strike "new"

On page 15, beginning on line 20 of the amendment, after "charter school" strike all material through "school" on line 21

On page 16, line 21 of the amendment, after "A" strike "conversion"

On page 16, at the beginning of line 23 of the amendment, strike "conversion"

Beginning on page 17, line 28 of the amendment, strike all of sections 16, 17, 18, and 19 and insert the following:

"NEW SECTION. Sec. 16. IMPLEMENTATION OF CHARTER SCHOOLS. (1) Applications for charter schools may begin on the effective date of this section.

(2) Sponsors and alternate sponsors shall promptly notify the superintendent of public instruction when a charter is approved, and shall indicate whether the charter school's primary purpose is to serve educationally disadvantaged students.

NEW SECTION. Sec. 17. A new section is added to chapter 41.56 RCW to read as follows:

This section applies to charter schools as defined in section 2 of this act and the charter school's employees included in the bargaining unit. The employees of charter schools shall remain members of the bargaining units in the school district.

This section, designating charter schools as employers and charter school employees as members under the teachers' retirement systems, the school employees' retirement systems, and the public employees' retirement systems, applies only if the department of retirement systems receives determinations from the internal revenue service and the United States department of labor that such participation does not jeopardize the status of these retirement systems as governmental plans under the federal employees' retirement income security act and the internal revenue code.

NEW SECTION. Sec. 18. A new section is added to chapter 41.59 RCW to read as follows:

(1) This section applies to collective bargaining agreements between charter schools and the employees of charter schools included in the bargaining unit. The bargaining unit of employees of charter schools must be limited to the employees of the charter school and must be separate from other bargaining units in the school district or educational service district for at least the first five years of operation of the school, after which the employees of a charter school may indicate by a majority vote they desire to become members of the bargaining unit in the school district in which the charter school is located.

(2) This section, designating charter schools as employers and charter school employees as members under the teachers' retirement systems, the school employees' retirement systems, and the public employees' retirement systems, takes effect only if the department of retirement systems receives determinations from the internal revenue service and the United States department of labor that such participation does not jeopardize the status of these retirement systems as governmental plans under the federal employees' retirement income security act and the internal revenue code.

Sec. 19. RCW 41.59.080 and 1998 c 244 s 11 are each amended to read as follows:

The commission, upon proper application for certification as an exclusive bargaining representative or upon petition for change of unit definition by the employer or any employee organization within the time limits specified in RCW 41.59.070(3), and after hearing upon reasonable notice, shall determine the unit appropriate for the purpose of collective bargaining. In determining, modifying or combining the bargaining unit, the commission shall consider the duties, skills, and working conditions of the educational employees; the history of collective bargaining; the extent of organization among the educational employees; and the desire of the educational employees; except that:

(1) A unit including nonsupervisory educational employees shall not be considered appropriate unless it includes all such nonsupervisory educational employees of the employer; and

(2) A unit that includes only supervisors may be considered appropriate if a majority of the employees in such category indicate by vote that they desire to be included in such a unit; and

(3) A unit that includes only principals and assistant principals may be considered appropriate if a majority of such employees indicate by vote that they desire to be included in such a unit; and

(4) A unit that includes both principals and assistant principals and other supervisory employees may be considered appropriate if a majority of the employees in each category indicate by vote that they desire to be included in such a unit; and

(5) A unit that includes supervisors and/or principals and assistant principals and nonsupervisory educational employees may be considered appropriate if a majority of the employees in each category indicate by vote that they desire to be included in such a unit; and

(6) A unit that includes only employees in vocational-technical institutes or occupational skill centers may be considered to constitute an appropriate bargaining unit if the history of bargaining in any such school district so justifies; and

(7) Notwithstanding the definition of collective bargaining, a unit that contains only supervisors and/or principals and assistant principals shall be limited in scope of bargaining to compensation, hours of work, and the number of days of work in the annual employment contracts; and

(8) The bargaining unit of certificated employees of school districts, educational service districts, or institutions of higher education that are education providers under chapter 28A.193 RCW must be limited to the employees working as education providers to juveniles in each adult correctional facility maintained by the department of corrections and must be separate from other bargaining units in school districts, educational service districts, or institutions of higher education; and

(9) Except as provided in section 18 of this act, the employees of charter schools as defined in section 2 of this act shall be members of the bargaining units in the school district or educational service district."

EFFECT: No new charter schools may be established. Charter schools are limited only to the conversion of existing public schools to charter public schools.

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