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90_HB2762
115 ILCS 5/4.5
Amends the Illinois Educational Labor Relations Act.
Limits the applicability of provisions that establish
prohibited subjects of collective bargaining to collective
bargaining with the board of education of a public school
district organized under an Article of the School Code that
applies only to school districts whose boundaries are
coterminous with cities having a population exceeding
500,000. Effective immediately.
LRB9008011THpk
LRB9008011THpk
1 AN ACT to amend the Illinois Educational Labor Relations
2 Act by changing Section 4.5.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Illinois Educational Labor Relations Act
6 is amended by changing Section 4.5 as follows:
7 (115 ILCS 5/4.5)
8 Sec. 4.5. Prohibited subjects of collective bargaining.
9 (a) Notwithstanding the existence of any other provision
10 in this Act or other law, collective bargaining between the
11 board of education of a public school district organized
12 under Article 34 of the School Code an educational employer
13 whose territorial boundaries are coterminous with those of a
14 city having a population in excess of 500,000 and an
15 exclusive representative of its employees shall not include
16 any of the following subjects:
17 (1) Decisions to grant or deny a charter school
18 proposal under Section 27A-8 of the Charter Schools Law,
19 to renew or revoke a charter under Section 27A-9 of the
20 Charter Schools Law, or to grant or deny a leave of
21 absence to an employee of a school district to become an
22 employee of a charter school, and the impact of these
23 decisions on individual employees or the bargaining unit.
24 (2) Decisions to contract with a third party for
25 one or more services otherwise performed by employees in
26 a bargaining unit, the procedures for obtaining such
27 contract or the identity of the third party, and the
28 impact of these decisions on individual employees or the
29 bargaining unit.
30 (3) Decisions to layoff or reduce in force
31 employees (including but not limited to reserve teachers
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1 or teachers who are no longer on an administrative
2 payroll) due to lack of work or funds, including but not
3 limited to decline in student enrollment, change in
4 subject requirements within the attendance center
5 organization, closing of an attendance center, or
6 contracts with third parties for the performance of
7 services, and the impact of these decisions on individual
8 employees or the bargaining unit.
9 (4) Decisions to determine class size, class
10 staffing and assignment, class schedules, academic
11 calendar, hours and places of instruction, or pupil
12 assessment policies, and the impact of these decisions on
13 individual employees or the bargaining unit.
14 (5) Decisions concerning use and staffing of
15 experimental or pilot programs, decisions concerning use
16 of technology to deliver educational programs and
17 services and staffing to provide the technology, and the
18 impact of these decisions on individual employees or the
19 bargaining unit.
20 (b) The subject or matters described in subsection (a)
21 are prohibited subjects of bargaining between the board of
22 education of a public school district organized under Article
23 34 of the School Code an educational employer and an
24 exclusive representative of its employees and, for the
25 purpose of this Act, are within the sole authority of the the
26 board of education of that school district educational
27 employer to decide.
28 (c) This Section shall apply to collective bargaining
29 agreements that become effective after the effective date of
30 this amendatory Act of 1995 and shall render a provision
31 involving a prohibited subject in such agreement null and
32 void.
33 (Source: P.A. 89-15, eff. 5-30-95.)
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1 Section 99. Effective date. This Act takes effect upon
2 becoming law.