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90_SB0342
105 ILCS 5/34-3.3a new
105 ILCS 5/34-29 from Ch. 122, par. 34-29
105 ILCS 5/34-42 from Ch. 122, par. 34-42
105 ILCS 5/34-54.1 from Ch. 122, par. 34-54.1
Amends the School Code. Adds provisions requiring the
Chicago School Reform Board of Trustees and the exclusive
bargaining representative of the Chicago teachers to begin
bargaining not later than September 1, 1997 for a new teacher
compensation plan based on skill, competency, and
performance. Requires the new plan to be submitted to the
State Superintendent of Education for review to determine
whether the plan complies with the statutory criteria
established for the plan. Requires the State Superintendent
of Education to certify or report to the General Assembly and
the Governor whether the plan does or does not conform to
statutory requirements, and to return the plan to the
bargaining parties for modification if that conformity is
lacking. Authorizes the General Assembly to enact a new
teacher compensation plan if the bargaining parties fail to
submit a modified plan that meets statutory requirements, and
provides that any plan agreed to by the bargaining parties
that is to be effective on or after September 1, 1999 is null
and void if it does not conform to statutory requirements.
Changes the fiscal year of the Chicago Board of Education,
providing for a fiscal year that begins on September 1 and
ends on the following August 31. Effective immediately.
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1 AN ACT relating to school districts with a population
2 exceeding 500,000 inhabitants.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The School Code is amended by changing
6 Sections 34-29, 34-42, and 34-54.1 and adding Section 34-3.3a
7 as follows:
8 (105 ILCS 5/34-3.3a new)
9 Sec. 34-3.3a. Teacher Compensation Plan.
10 (a) The General Assembly finds that: (i) the teacher
11 compensation plan in the 1995-1999 collective bargaining
12 agreement between the Chicago School Reform Board of Trustees
13 and the exclusive bargaining representative of the teachers
14 (hereinafter referred to in this Section as "the Union") pays
15 teachers based on seniority, university degrees, and
16 additional education credits; and (ii) in order to attain the
17 goals of education reform in the Chicago public schools,
18 namely to increase the quality of educational services,
19 improve student achievement, stimulate educational
20 innovation, and ensure accountability, the Board and the
21 Union must negotiate, agree to, and implement a new teacher
22 compensation plan based on skill, competency, and
23 performance.
24 (b) The Board and the Union shall commence collective
25 bargaining for a new teacher compensation plan not later than
26 September 1, 1997. The new teacher compensation plan
27 bargained and agreed to by the Board and the Union shall
28 become effective upon the earlier of September 1, 1999 or the
29 termination of the collective bargaining agreement in effect
30 between the Board and the Union on the effective date of this
31 amendatory Act of 1997; provided, however, that nothing in
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1 this Section shall preclude the Board and the Union from
2 agreeing to and implementing a new teacher compensation plan
3 prior to the termination of the current collective bargaining
4 agreement.
5 (c) The new teacher compensation plan bargained and
6 agreed to by the Board and the Union shall provide teachers
7 with base salaries and shall further provide that any
8 increases in teacher compensation beyond the base salaries
9 shall be pursuant to the following elements:
10 (1) Acquisition by the individual teacher of
11 specific subject matter knowledge or instructional skills or
12 both directly related to strengthening the actual teaching
13 performance of that teacher;
14 (2) Impact on objectively measured increases in
15 student achievement;
16 (3) Demonstration of superior, outstanding
17 performance by an individual teacher through the meeting of
18 unique and specific teaching practice objectives defined and
19 agreed to in advance in any given school year;
20 (4) Completion of requirements such as advanced
21 certifications, skill and subject matter content acquisition,
22 and demonstrated superior accomplishment and service to the
23 school over a number of years for moving to each of no more
24 than a few different milestone stages in a teaching career;
25 (5) Preparation for meeting and contributing to the
26 broader needs of the school organization, including, but not
27 limited to, curriculum development, family liaison and
28 community outreach, implementation of professional
29 development programs for faculty, and participation in school
30 management; and
31 (6) Annual demonstration and assessment of expected
32 and required continuing merit and proficiency as measured
33 against defined and agreed to criteria.
34 (d) The Board and the Union shall submit the new teacher
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1 compensation plan to the State Superintendent of Education
2 for review not later than 150 days before the plan is to
3 become effective. The State Superintendent shall determine
4 whether the plan conforms with this Section and certify the
5 same to the General Assembly and the Governor. If the plan
6 does not conform to this Section, the State Superintendent
7 shall report the non-conformity to the General Assembly and
8 the Governor and shall return the plan to the Board and the
9 Union for modification along with comments on how to bring
10 the plan into compliance. The Board and the Union shall,
11 within 30 days after the plan is returned to them, submit a
12 modified plan to the State Superintendent that conforms to
13 the requirements of this Section. If the Board and the Union
14 fail to submit such a plan, the General Assembly may enact a
15 new teacher compensation plan that conforms to the
16 requirements of subsection (c) of this Section.
17 (e) If a teacher compensation plan agreed to by the
18 Board and the Union in a collective bargaining agreement that
19 takes effect after the effective date of this amendatory Act
20 of 1997 does not conform to the requirements of this Section,
21 or if the Board and the Union continue the current teacher
22 compensation plan in effect beyond the period established in
23 subsection (b) of this Section, any such plan shall be null
24 and void.
25 (105 ILCS 5/34-29) (from Ch. 122, par. 34-29)
26 Sec. 34-29. Audit of accounts. The board shall for each
27 fiscal year and may as often as necessary, appoint certified
28 public accountants to examine the business methods and audit
29 the accounts of the board as of December 31, 1972, as of
30 December 31, 1973, as of August 31, 1974, and as of August 31
31 of each year thereafter through August 31, 1996, as of June
32 30, 1997, and as of June 30 of each year thereafter, and a
33 report thereof, together with any recommendations of such
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1 accountants as to changes in business methods of the board or
2 any of its departments, officers or employees shall be made
3 to the mayor, the city council, and the board and be filed in
4 the records of the board. The board shall prepare and publish
5 an annual report including in detail all receipts and
6 expenditures, specifying the source of the receipts and the
7 objects of the expenditures, and shall transmit it to the
8 mayor and the city council. The board shall account for the
9 expenses of each fiscal year but shall not be required to
10 make any apportionment of such expenses between the two
11 separate levies made during each calendar year.
12 (Source: P.A. 89-15, eff. 5-30-95.)
13 (105 ILCS 5/34-42) (from Ch. 122, par. 34-42)
14 Sec. 34-42. Fiscal year. The period commencing January
15 1, 1974 and ending August 31, 1974 shall be a fiscal year.
16 Beginning September 1, 1974 and thereafter, the each fiscal
17 year of the board of education through fiscal year 1996 shall
18 commence on September 1 of each year and end on August 31 of
19 the following year. The period commencing September 1, 1996
20 and ending June 30, 1997 shall be a fiscal year. Beginning
21 July 1, 1997 and thereafter, the fiscal year of the board
22 shall commence on July 1 of each year and end on June 30 of
23 the following year.
24 (Source: P.A. 89-15, eff. 5-30-95.)
25 (105 ILCS 5/34-54.1) (from Ch. 122, par. 34-54.1)
26 Sec. 34-54.1. Tax levies and extensions. On and after
27 September 1, 1996, the annual tax rates and the several tax
28 levies authorized to be made shall be: (i) for each fiscal
29 year through and including the 1995-96 fiscal year, for the
30 a fiscal year commencing September 1 and ending August 31;
31 (ii) for the 1996-97 fiscal year, for a fiscal year
32 commencing September 1 and ending June 30; and (iii) for each
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1 subsequent fiscal year, for a fiscal year commencing July 1
2 and ending June 30.
3 Notwithstanding any provision in this Article 34 to the
4 contrary, by the last Tuesday in December of each calendar
5 year, the board of education may levy upon all the taxable
6 property of the district or city, the annual taxes required
7 to provide the necessary revenue to defray expenditures,
8 charges and liabilities incurred by the board for the fiscal
9 year beginning in that calendar year. The levy may be based
10 upon the estimated equalized assessed valuation provided the
11 county clerk shall extend for collection only so much thereof
12 as is permitted by law. The total amount of the levy shall be
13 certified to the county clerk who shall extend for collection
14 only so much thereof as is required to provide the necessary
15 revenue to defray expenditures, charges and liabilities
16 incurred by the board as certified by the controller of the
17 board to the county clerk upon the value, as equalized or
18 assessed by the Department of Revenue for the calendar year
19 in which the levy was made. The county clerk shall thereafter
20 in the succeeding calendar year extend such remaining amount
21 of the levy as is certified by the controller of the board to
22 the county clerk upon the value, as equalized or assessed by
23 the Department of Revenue for such calendar year. In each
24 year the county clerk shall extend taxes at a rate sufficient
25 to produce the full amount of the 2 partial levies
26 attributable to that tax year. Provided, however, and
27 notwithstanding the provisions of any other law to the
28 contrary: (a) the extension of taxes levied for fiscal years
29 ending before 1996 for building purposes and school
30 supervised playground outside school hours and stadia, social
31 center and summer swimming pool purposes which the county
32 clerk shall make against the value of all taxable property of
33 the district or city, as equalized or assessed by the
34 Department of Revenue, shall be at the respective maximum
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1 rates at which the board was authorized to levy taxes for
2 such purposes for the fiscal year which ends in 1995; and (b)
3 notwithstanding any other provision of this Code, in each
4 calendar year the taxes for educational purposes shall be
5 extended at a rate certified by the controller as referred to
6 in this Section, which rate shall not be in excess of the
7 maximum rate for the levy of taxes for educational purposes,
8 occurring in the fiscal year which begins in the calendar
9 year of the extension, (whether or not actually levied at
10 that rate) except for calendar year 1995 in which the rate
11 shall not be in excess of the maximum rate which would be
12 provided for the levy of taxes for educational purposes for
13 the fiscal year which begins in 1995 without regard to this
14 amendatory Act of 1995. In calendar year 1995, the county
15 clerk shall extend any special education purposes tax which
16 was levied as provided in Section 34-53.2 in full in the
17 calendar year following the year in which the levy of such a
18 tax was made.
19 (Source: P.A. 88-511; 89-15, eff. 5-30-95.)
20 Section 99. Effective date. This Act takes effect upon
21 becoming a law.