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90_SB0837ham001
LRB9003487THpkam
1 AMENDMENT TO SENATE BILL 837
2 AMENDMENT NO. . Amend Senate Bill 837 on page 1, by
3 replacing lines 1 and 2 with the following:
4 "AN ACT relating to education."; and
5 on page 1, by inserting below line 19 the following:
6 "Section 10. The Illinois Educational Labor Relations
7 Act is amended by changing Section 4.5 as follows:
8 (115 ILCS 5/4.5)
9 Sec. 4.5. Prohibited subjects of collective bargaining.
10 (a) Notwithstanding the existence of any other provision
11 in this Act or other law, collective bargaining between the
12 board of education of a public school district organized
13 under Article 34 of the School Code an educational employer
14 whose territorial boundaries are coterminous with those of a
15 city having a population in excess of 500,000 and an
16 exclusive representative of its employees shall not include
17 any of the following subjects:
18 (1) Decisions to grant or deny a charter school
19 proposal under Section 27A-8 of the Charter Schools Law,
20 to renew or revoke a charter under Section 27A-9 of the
21 Charter Schools Law, or to grant or deny a leave of
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1 absence to an employee of a school district to become an
2 employee of a charter school, and the impact of these
3 decisions on individual employees or the bargaining unit.
4 (2) Decisions to contract with a third party for
5 one or more services otherwise performed by employees in
6 a bargaining unit, the procedures for obtaining such
7 contract or the identity of the third party, and the
8 impact of these decisions on individual employees or the
9 bargaining unit.
10 (3) Decisions to layoff or reduce in force
11 employees (including but not limited to reserve teachers
12 or teachers who are no longer on an administrative
13 payroll) due to lack of work or funds, including but not
14 limited to decline in student enrollment, change in
15 subject requirements within the attendance center
16 organization, closing of an attendance center, or
17 contracts with third parties for the performance of
18 services, and the impact of these decisions on individual
19 employees or the bargaining unit.
20 (4) Decisions to determine class size, class
21 staffing and assignment, class schedules, academic
22 calendar, hours and places of instruction, or pupil
23 assessment policies, and the impact of these decisions on
24 individual employees or the bargaining unit.
25 (5) Decisions concerning use and staffing of
26 experimental or pilot programs, decisions concerning use
27 of technology to deliver educational programs and
28 services and staffing to provide the technology, and the
29 impact of these decisions on individual employees or the
30 bargaining unit.
31 (b) The subject or matters described in subsection (a)
32 are prohibited subjects of bargaining between the board of
33 education of a public school district organized under Article
34 34 of the School Code an educational employer and an
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1 exclusive representative of its employees and, for the
2 purpose of this Act, are within the sole authority of the
3 board of education of that school district educational
4 employer to decide.
5 (c) This Section shall apply to collective bargaining
6 agreements that become effective after the effective date of
7 this amendatory Act of 1995 and shall render a provision
8 involving a prohibited subject in such agreement null and
9 void.
10 (Source: P.A. 89-15, eff. 5-30-95.)".