State of Illinois
92nd General Assembly
Legislation

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92_HB2930ham001

 










                                           LRB9202349JMmbam01

 1                    AMENDMENT TO HOUSE BILL 2930

 2        AMENDMENT NO.     .  Amend House Bill 2930  by  replacing
 3    everything after the enacting clause with the following:

 4        "Section 5.  The Illinois Educational Labor Relations Act
 5    is amended by changing Section 4.5 as follows:

 6        (115 ILCS 5/4.5)
 7        Sec. 4.5.  Prohibited subjects of collective bargaining.
 8        (a)  Notwithstanding the existence of any other provision
 9    in  this  Act or other law, collective bargaining between the
10    board of education of  a  public  school  district  organized
11    under  Article  34 of the School Code an educational employer
12    whose territorial boundaries are coterminous with those of  a
13    city  having  a  population  in  excess  of  500,000  and  an
14    exclusive  representative  of its employees shall not include
15    any of the following subjects:
16             (1)  Decisions to grant or  deny  a  charter  school
17        proposal  under Section 27A-8 of the Charter Schools Law,
18        to renew or revoke a charter under Section 27A-9  of  the
19        Charter  Schools  Law,  or  to  grant  or deny a leave of
20        absence to an employee of a school district to become  an
21        employee  of  a  charter  school, and the impact of these
22        decisions on individual employees or the bargaining unit.
 
                            -2-            LRB9202349JMmbam01
 1             (2)  Decisions to contract with a  third  party  for
 2        one  or more services otherwise performed by employees in
 3        a bargaining unit,  the  procedures  for  obtaining  such
 4        contract  or  the  identity  of  the third party, and the
 5        impact of these decisions on individual employees or  the
 6        bargaining unit.
 7             (3)  Decisions   to   layoff   or  reduce  in  force
 8        employees (including but not limited to reserve  teachers
 9        or  teachers  who  are  no  longer  on  an administrative
10        payroll) due to lack of work or funds, including but  not
11        limited  to  decline  in  student  enrollment,  change in
12        subject  requirements  within   the   attendance   center
13        organization,   closing   of  an  attendance  center,  or
14        contracts with  third  parties  for  the  performance  of
15        services, and the impact of these decisions on individual
16        employees or the bargaining unit.
17             (4)  Decisions   to   determine  class  size,  class
18        staffing  and  assignment,  class   schedules,   academic
19        calendar,  hours  and  places  of  instruction,  or pupil
20        assessment policies, and the impact of these decisions on
21        individual employees or the bargaining unit.
22             (5)  Decisions  concerning  use  and   staffing   of
23        experimental  or pilot programs, decisions concerning use
24        of  technology  to  deliver  educational   programs   and
25        services  and staffing to provide the technology, and the
26        impact of these decisions on individual employees or  the
27        bargaining unit.
28        (b)  The  subject  or matters described in subsection (a)
29    are prohibited subjects of bargaining between  the  board  of
30    education of a public school district organized under Article
31    34  of  the  School  Code  an  educational  employer  and  an
32    exclusive  representative  of  its  employees  and,  for  the
33    purpose of this Act, are within the sole authority of the the
34    board  of  education  of  that  school  district  educational
 
                            -3-            LRB9202349JMmbam01
 1    employer to decide.
 2        (c)  This  Section  shall  apply to collective bargaining
 3    agreements that become effective after the effective date  of
 4    this  amendatory  Act  of  1995  and shall render a provision
 5    involving a prohibited subject in  such  agreement  null  and
 6    void.
 7    (Source: P.A. 89-15, eff. 5-30-95.)

 8        Section  99.  Effective date.  This Act takes effect upon
 9    becoming law.".

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