(PUB) On Advice Of Councel

 Protection for Current Collective Bargaining Agreements

In an uncodified section of the recent budget bill, the legislature declared that the minimum school year and school calendar provisions we are talking about here “do not apply to any collective bargaining agreement executed prior to July 1, 2014.” (Section 803.50 of Am. Sub. HB 59.) This is a rather strange provision. Did the legislature really mean to say that wording in a local union contract can prevent a district from joining the statewide days- to-hours conversion for up to three more years? It is not clear how many districts have contract language that would go so far, but this tail-wagging-the-dog provision will need to be closely watched as we go forward with full implementation next year.

I hope this gives you the basic framework as well as some food for thought.

In addition to the above, you will also want to check out the recently released guidance document from ODE on days-to-hours, which can be found at this link .

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The Fine Print Disclaimer Please note that the foregoing comments must be taken simply as one lawyer’s interpretation and do not represent the only conclusions which may be drawn by competent legal counsel. Readers are cautioned against applying such commentary and related materials in specific factual situations without seeking professional assistance.

© BASA (2013)

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