What's happening
This bill prohibits public schools with a record of severe labor law violations from being converted into charter schools.
Why it matters
Targets schools with serious labor violations. This bill specifically blocks public schools with a pattern of severe or intentional violations of workers' rights—such as interfering with or discriminating against employees’ rights to organize—from converting into charter schools, highlighting a direct link between labor practices and charter eligibility.
Uses an established authority for enforcement. The determination of whether a school is disqualified is made by the Public Employment Relations Board, ensuring that decisions rely on findings from a specialized, existing labor board rather than arbitrary or politically motivated criteria.
Provides a path for future compliance. Schools that are currently barred due to labor violations are not permanently excluded; the bill allows them to reapply for charter conversion in the future if they address and remedy their labor practices, creating an incentive for improvement rather than permanent punishment.
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Who cares
Headline styles
Block Charter Schools With Labor Violations
Plain English, a few words. Used as the page title.
Sponsors
2 Co-sponsors
History
- Referred to education
- Referred to education
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Block Charter Schools with Labor Violations
In Assembly Committee · Education · Sponsor Alicia Hyndman
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
2168
2019-2020 Regular Sessions
IN SENATE
January 23, 2019
Introduced by Sen. BAILEY -- read twice and ordered printed, and when printed to be committed to the Committee on Education
AN ACT to amend the education law, in relation to establishing a charter school program
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Subdivision 3 of section 2851 of the education law is amended by adding a new paragraph (d) to read as follows:
(d) Notwithstanding any provision of this subdivision or any other law to the contrary, an application for the conversion of an existing public school to a charter school shall not be approved or issued to any school that demonstrates or has demonstrated a practice or pattern of egregious or intentional violation of subdivision one of section two hundred nine-a of the civil service law, as determined by the public employment relations board, involving interference with or discrimination against employee rights under article fourteen of the civil service law, provided, however, nothing herein shall preclude an applicant from submitting an application pursuant to the provisions of this section at any future time.
§ 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05629-01-9
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
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 1 adds a new paragraph (d) to subdivision 3 of section 2851 of the education law, where an application for the conversion of an exist- ing public school to a charter school shall not be approved or issued to any school that demonstrates or has demonstrated a practice or pattern of egregious or intentional violation of subdivision one of section two hundred nine-a of the civil service law, as determined by the public employment relations board, involving interference with or discrimi- nation against employee rights under article fourteen of the civil service law.
Section 2 is the effective date.
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 provides 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 to charter schools in the first place; this way 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 demonstrated 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
2017-18: S.8233/A.2332(Hyndman)- Referred to Education
FISCAL IMPLICATIONS:, .
None.
Effective date
This act shall take effect immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.