Full Text of HB1851 97th General Assembly
HB1851ham002 97TH GENERAL ASSEMBLY | Rep. Marlow H. Colvin Filed: 3/9/2011
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| 1 | | AMENDMENT TO HOUSE BILL 1851
| 2 | | AMENDMENT NO. ______. Amend House Bill 1851 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The School Code is amended by changing Section | 5 | | 34-3.5 as follows:
| 6 | | (105 ILCS 5/34-3.5)
| 7 | | Sec. 34-3.5.
Partnership agreement on advancing student
| 8 | | achievement; No Child Left Behind Act of 2001.
| 9 | | (a) The General Assembly finds that the Chicago Teachers | 10 | | Union,
the Chicago Board of Education, and the district's chief | 11 | | executive officer
have a common responsibility beyond their | 12 | | statutory collective
bargaining relationship to institute | 13 | | purposeful education reforms in the
Chicago Public Schools that | 14 | | maximize the number of students in the
Chicago Public Schools | 15 | | who reach or exceed proficiency with regard to State
academic | 16 | | standards and assessments. The General Assembly further
finds |
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| 1 | | that education reform in the Chicago Public Schools must be
| 2 | | premised on a commitment by all stakeholders to redefine | 3 | | relationships,
develop, implement, and evaluate programs, seek | 4 | | new and additional
resources, improve the value of educational | 5 | | programs to students,
accelerate the quality of teacher | 6 | | training, improve instructional
excellence, and develop and | 7 | | implement strategies to comply with the
federal No Child Left | 8 | | Behind Act of 2001 (Public Law 107-110).
| 9 | | The Chicago Board of Education and the district's chief | 10 | | executive
officer shall enter into a partnership agreement with | 11 | | the Chicago
Teachers Union to allow the parties to work | 12 | | together to advance the
Chicago Public Schools to the next | 13 | | level of education reform. This
agreement must be entered into | 14 | | and take effect within 90 days after the
effective date of this | 15 | | amendatory Act of the 93rd General Assembly. As
part of this | 16 | | agreement, the Chicago Teachers Union, the Chicago Board
of | 17 | | Education, and the district's chief executive officer shall | 18 | | jointly file a
report with the General Assembly at the end of | 19 | | each school year with
respect to the nature of the reforms that | 20 | | the parties have instituted, the
effect
of these reforms on | 21 | | student achievement, and any other matters that the
parties | 22 | | deem relevant to evaluating the effectiveness of the agreement.
| 23 | | (b) Decisions concerning matters of inherent managerial | 24 | | policy
necessary to comply with the federal No Child Left | 25 | | Behind Act of 2001
(Public Law 107-110), including such areas | 26 | | of discretion or policy as the
functions of the employer, the |
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| 1 | | standards and delivery of educational
services and programs, | 2 | | the district's overall budget, the district's
organizational | 3 | | structure, student assignment, school choice, and the
| 4 | | selection of new employees and direction of employees, and the | 5 | | impact of
these decisions on individual employees or the | 6 | | bargaining unit shall be
permissive subjects of bargaining | 7 | | between the educational employer and
the exclusive bargaining | 8 | | representative and are within the sole discretion
of the | 9 | | educational employer to decide to bargain.
This subsection (b) | 10 | | is
exclusive of the parties' obligations and responsibilities | 11 | | under Section
4.5 of the Illinois Educational Labor Relations | 12 | | Act
(provided that any dispute or impasse that
may arise
under | 13 | | this subsection (b) shall be
resolved exclusively as set forth | 14 | | in subsection (b) of Section 12 of the
Illinois
Educational | 15 | | Labor Relations Act in lieu of a strike under Section 13 of
the | 16 | | Illinois Educational Labor Relations Act).
| 17 | | (Source: P.A. 93-3, eff. 4-16-03.)
| 18 | | Section 10. The Illinois Educational Labor Relations Act is | 19 | | amended by changing Section 12 as follows:
| 20 | | (115 ILCS 5/12) (from Ch. 48, par. 1712)
| 21 | | Sec. 12. Impasse procedures.
| 22 | | (a) If the parties engaged in collective
bargaining have | 23 | | not reached an agreement by 90 days before the scheduled
start | 24 | | of the forthcoming school year, the parties shall notify the |
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| 1 | | Illinois
Educational Labor Relations Board concerning the | 2 | | status of negotiations.
| 3 | | Upon demand of either party, collective bargaining between | 4 | | the employer
and an exclusive bargaining representative must | 5 | | begin within 60 days of
the date of certification of the | 6 | | representative by the Board, or in the case
of an existing | 7 | | exclusive bargaining representative, within 60 days of the
| 8 | | receipt by a party of a demand to bargain issued by the other | 9 | | party. Once
commenced, collective bargaining must continue for | 10 | | at least a 60 day
period, unless a contract is entered into.
| 11 | | If, Except as otherwise provided in subsection (b) of this | 12 | | Section, if after
a reasonable period of negotiation and within | 13 | | 45 days of the
scheduled start of the forth-coming school year, | 14 | | the parties engaged in
collective bargaining have reached an | 15 | | impasse, either party may petition
the Board to initiate | 16 | | mediation. Alternatively, the Board on its own
motion may | 17 | | initiate mediation during this period. However, mediation | 18 | | shall
be initiated by the Board at any time when jointly | 19 | | requested by the parties
and the services of the mediators | 20 | | shall continuously be made available to
the employer and to the | 21 | | exclusive bargaining representative for purposes of
| 22 | | arbitration of grievances and mediation or arbitration of | 23 | | contract
disputes. If requested by the parties, the mediator | 24 | | may perform
fact-finding and in so doing conduct hearings and | 25 | | make written findings and
recommendations for resolution of the | 26 | | dispute. Such mediation shall be
provided by the Board and |
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| 1 | | shall be held before qualified impartial
individuals. Nothing | 2 | | prohibits the use of other individuals or
organizations such as | 3 | | the Federal Mediation and Conciliation Service or the
American | 4 | | Arbitration Association selected by both the exclusive | 5 | | bargaining
representative and the employer.
| 6 | | If the parties engaged in collective bargaining fail to | 7 | | reach an agreement
within 15 days of the scheduled start of the | 8 | | forthcoming school year and
have not requested mediation, the | 9 | | Illinois Educational Labor Relations Board
shall invoke | 10 | | mediation.
| 11 | | Whenever mediation is initiated or invoked under this | 12 | | subsection (a), the
parties may stipulate to defer selection of | 13 | | a mediator in accordance with
rules adopted by the Board.
| 14 | | (b) (Blank). If, after a period of bargaining of at least | 15 | | 60 days, a
dispute or impasse exists between an employer whose | 16 | | territorial
boundaries are coterminous with those of a city | 17 | | having a population in
excess of 500,000 and the exclusive | 18 | | bargaining representative over
a subject or matter set forth in | 19 | | Section 4.5 of this Act, the parties shall
submit the dispute | 20 | | or impasse to the dispute resolution procedure
agreed to | 21 | | between the parties. The procedure shall provide for mediation
| 22 | | of disputes by a rotating mediation panel and may, at the | 23 | | request of
either party, include the issuance of advisory | 24 | | findings of fact and
recommendations.
| 25 | | (c) The costs of fact finding and mediation shall be shared | 26 | | equally
between
the employer and the exclusive bargaining |
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| 1 | | agent, provided that, for
purposes of mediation under this Act, | 2 | | if either party requests the use of
mediation services from the | 3 | | Federal Mediation and Conciliation Service, the
other party | 4 | | shall either join in such request or bear the additional cost
| 5 | | of mediation services from another source.
| 6 | | (d) Nothing in this Act prevents an employer and an | 7 | | exclusive bargaining
representative from mutually submitting | 8 | | to final and binding impartial
arbitration unresolved issues | 9 | | concerning the terms of a new collective
bargaining agreement.
| 10 | | (Source: P.A. 93-3, eff. 4-16-03.)
| 11 | | (115 ILCS 5/4.5 rep.)
| 12 | | Section 15. The Illinois Educational Labor Relations Act is | 13 | | amended by repealing Section 4.5.".
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