(1)
(a)On and after the date on which the state board designates a school district as a
district of innovation, any collective bargaining agreement initially entered into or
renewed by the local school board of the district of innovation shall include a term
that allows each innovation school and each innovation school zone in the school
district to waive any provisions of the collective bargaining agreement identified in
the innovation plan as needing to be waived for the innovation school or the
innovation school zone to implement its identified innovations.
(b)For an innovation school, waiver of one or more of the provisions of the
collective bargaining agreement shall be based on obtaining the approval, by
means of a secret ballot vote, of at least sixty percent of the memb
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(1)
(a) On and after the date on which the state board designates a school district as a
district of innovation, any collective bargaining agreement initially entered into or
renewed by the local school board of the district of innovation shall include a term
that allows each innovation school and each innovation school zone in the school
district to waive any provisions of the collective bargaining agreement identified in
the innovation plan as needing to be waived for the innovation school or the
innovation school zone to implement its identified innovations.
(b) For an innovation school, waiver of one or more of the provisions of the
collective bargaining agreement shall be based on obtaining the approval, by
means of a secret ballot vote, of at least sixty percent of the members of the
collective bargaining unit who are employed at the innovation school.
(c) For an innovation school zone, waiver of one or more of the provisions of
the collective bargaining agreement shall be based on obtaining, at each school
included in the innovation school zone, the approval of at least sixty percent of the
members of the collective bargaining unit who are employed at the school. The
innovation school zone shall seek to obtain approval of the waivers through a secret
ballot vote of the members of the collective bargaining unit at each school included
in the innovation school zone. The local school board for the innovation school zone
may choose to revise the plan for creating an innovation school zone to remove
from the zone any school in which at least sixty percent of the members of the
collective bargaining unit employed at the school do not vote to waive the identified
provisions of the collective bargaining agreement.
(d) If a local school board, in collaboration with the innovation school or the
public schools included in the innovation school zone, revises the innovation plan as
provided in section 22-32.5-110 and the revisions include changes to the identified
provisions of the collective bargaining agreement that need to be waived to
implement the innovations that are included in the innovation plan, the local school
board shall seek such additional waivers or revision or revocation of the existing
waivers of provisions of the collective bargaining agreement as are necessary to
implement the revised innovation plan. Any changes to waivers, or additional
waivers, of the identified provisions of the collective bargaining agreement shall be
subject to approval in the same manner as provided in paragraphs (b) and (c) of this
subsection (1) for the initial approval of waivers of provisions of the collective
bargaining agreement.
(e) Except as otherwise provided in paragraph (d) of this subsection (1),
waiver of identified provisions of a collective bargaining agreement for an
innovation school or the public schools within an innovation school zone pursuant to
this subsection (1) shall continue so long as the innovation school remains an
innovation school or a public school remains a part of the innovation school zone. A
waiver approved pursuant to this subsection (1) shall continue to apply to any
substantially similar provision that is included in a new or renewed collective
bargaining agreement for the schools of the district of innovation.
(2) A district of innovation shall not be required to seek a waiver by an
innovation school or a public school in an innovation school zone of any provision of
the collective bargaining agreement. Each district of innovation shall include in its
innovation plan a statement as to whether it will seek a waiver by an innovation
school or the public schools included in an innovation school zone of any of the
provisions of the collective bargaining agreement.
(3) A person who is a member of the collective bargaining unit and is
employed by an innovation school or by a school included in an innovation school
zone may request a transfer to another public school of the district of innovation.
The local school board shall make every reasonable effort to accommodate the
person's request.