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|[ Introduced ]||[ Engrossed ]||[ House Amendment 001 ]|
|[ House Amendment 003 ]||[ Senate Amendment 001 ]|
92_SB1240ham002 LRB9201722NTpkam 1 AMENDMENT TO SENATE BILL 1240 2 AMENDMENT NO. . Amend Senate Bill 1240, AS AMENDED, 3 by replacing the title with the following: 4 "AN ACT concerning education, which may be referred to as 5 the Chicago Education Reform Act of 2002."; and 6 by replacing everything after the enacting clause with the 7 following: 8 "Section 5. The School Code is amended by changing 9 Sections 27A-4, 27A-5, 27A-6, 27A-10, 34-8.1, and 34-18 and 10 adding Section 34-3.5 as follows: 11 (105 ILCS 5/27A-4) 12 Sec. 27A-4. General Provisions. 13 (a) The General Assembly does not intend to alter or 14 amend the provisions of any court-ordered desegregation plan 15 in effect for any school district. A charter school shall be 16 subject to all federal and State laws and constitutional 17 provisions prohibiting discrimination on the basis of 18 disability, race, creed, color, gender, national origin, 19 religion, ancestry, marital status, or need for special 20 education services. 21 (b) The total number of charter schools operating under -2- LRB9201722NTpkam 1 this Article at any one time shall not exceed 60
45. Not 2 more than 30 15charter schools shall operate at any one time 3 in any city having a population exceeding 500,000; not more 4 than 15 charter schools shall operate at any one time in the 5 counties of DuPage, Kane, Lake, McHenry, Will, and that 6 portion of Cook County that is located outside a city having 7 a population exceeding 500,000, with not more than one 8 charter school that has been initiated by a board of 9 education, or by an intergovernmental agreement between or 10 among boards of education, operating at any one time in the 11 school district where the charter school is located; and not 12 more than 15 charter schools shall operate at any one time in 13 the remainder of the State, with not more than one charter 14 school that has been initiated by a board of education, or by 15 an intergovernmental agreement between or among boards of 16 education, operating at any one time in the school district 17 where the charter school is located. 18 For purposes of implementing this Section, the State 19 Board shall assign a number to each charter submission it 20 receives under Section 27A-6 for its review and 21 certification, based on the chronological order in which the 22 submission is received by it. The State Board shall promptly 23 notify local school boards when the maximum numbers of 24 certified charter schools authorized to operate have been 25 reached. 26 (c) No charter shall be granted under this Article that 27 would convert any existing private, parochial, or non-public 28 school to a charter school. 29 (d) Enrollment in a charter school shall be open to any 30 pupil who resides within the geographic boundaries of the 31 area served by the local school board. 32 (e) Nothing in this Article shall prevent 2 or more 33 local school boards from jointly issuing a charter to a 34 single shared charter school, provided that all of the -3- LRB9201722NTpkam 1 provisions of this Article are met as to those local school 2 boards. 3 (f) No local school board shall require any employee of 4 the school district to be employed in a charter school. 5 (g) No local school board shall require any pupil 6 residing within the geographic boundary of its district to 7 enroll in a charter school. 8 (h) If there are more eligible applicants for enrollment 9 in a charter school than there are spaces available, 10 successful applicants shall be selected by lottery. However, 11 priority shall be given to siblings of pupils enrolled in the 12 charter school and to pupils who were enrolled in the charter 13 school the previous school year, unless expelled for cause. 14 Dual enrollment at both a charter school and a public school 15 or non-public school shall not be allowed. A pupil who is 16 suspended or expelled from a charter school shall be deemed 17 to be suspended or expelled from the public schools of the 18 school district in which the pupil resides. 19 (i) (Blank). 20 (j) Notwithstanding any other provision of law to the 21 contrary, a school district in a city having a population 22 exceeding 500,000 shall not have a duty to collectively 23 bargain with an exclusive representative of its employees 24 over decisions to grant or deny a charter school proposal 25 under Section 27A-8 of this Code, decisions to renew or 26 revoke a charter under Section 27A-9 of this Code, and the 27 impact of these decisions, provided that nothing in this 28 Section shall have the effect of negating, abrogating, 29 replacing, reducing, diminishing, or limiting in any way 30 employee rights, guarantees, or privileges granted in 31 Sections 2, 3, 7, 8, 10, 14, and 15 of the Illinois 32 Educational Labor Relations Act. 33 (Source: P.A. 91-357, eff. 7-29-99; 91-405, eff. 8-3-99; 34 91-407, eff. 8-3-99; 92-16, eff. 6-28-01.) -4- LRB9201722NTpkam 1 (105 ILCS 5/27A-5) 2 Sec. 27A-5. Charter school; legal entity; requirements. 3 (a) A charter school shall be a public, nonsectarian, 4 nonreligious, non-home based, and non-profit school. A 5 charter school shall be organized and operated as a nonprofit 6 corporation or other discrete, legal, nonprofit entity 7 authorized under the laws of the State of Illinois. 8 (b) A charter school may be established under this 9 Article by creating a new school or by converting an existing 10 public school or attendance center to charter school status. 11 Beginning on the effective date of this amendatory Act of 12 the 92nd General Assembly, in all new applications submitted 13 to the State Board or a local school board to establish a 14 charter school in a city having a population exceeding 15 500,000, operation of the charter school shall be limited to 16 one campus. The changes made to this Section by this 17 amendatory Act of the 92nd General Assembly do not apply to 18 charter schools existing or approved on or before the 19 effective date of this amendatory Act. 20 (c) A charter school shall be administered and governed 21 by its board of directors or other governing body in the 22 manner provided in its charter. The governing body of a 23 charter school shall be subject to the Freedom of Information 24 Act and the Open Meetings Act. 25 (d) A charter school shall comply with all applicable 26 health and safety requirements applicable to public schools 27 under the laws of the State of Illinois. 28 (e) Except as otherwise provided in the School Code, a 29 charter school shall not charge tuition; provided that a 30 charter school may charge reasonable fees for textbooks, 31 instructional materials, and student activities. 32 (f) A charter school shall be responsible for the 33 management and operation of its fiscal affairs including, but 34 not limited to, the preparation of its budget. An audit of -5- LRB9201722NTpkam 1 each charter school's finances shall be conducted annually by 2 an outside, independent contractor retained by the charter 3 school. 4 (g) A charter school shall comply with all provisions of 5 this Article and its charter. A charter school is exempt 6 from all other State laws and regulations in the School Code 7 governing public schools and local school board policies, 8 except the following: 9 (1) Sections 10-21.9 and 34-18.5 of the School Code 10 regarding criminal background investigations of 11 applicants for employment; 12 (2) Sections 24-24 and 34-84A of the School Code 13 regarding discipline of students; 14 (3) The Local Governmental and Governmental 15 Employees Tort Immunity Act; 16 (4) Section 108.75 of the General Not For Profit 17 Corporation Act of 1986 regarding indemnification of 18 officers, directors, employees, and agents; 19 (5) The Abused and Neglected Child Reporting Act; 20 (6) The Illinois School Student Records Act; and 21 (7) Section 10-17a of the School Code regarding 22 school report cards. 23 (h) A charter school may negotiate and contract with a 24 school district, the governing body of a State college or 25 university or public community college, or any other public 26 or for-profit or nonprofit private entity for: (i) the use of 27 a school building and grounds or any other real property or 28 facilities that the charter school desires to use or convert 29 for use as a charter school site, (ii) the operation and 30 maintenance thereof, and (iii) the provision of any service, 31 activity, or undertaking that the charter school is required 32 to perform in order to carry out the terms of its charter. 33 However, a charter school operating in a city having a 34 population exceeding 500,000 may not contract with a -6- LRB9201722NTpkam 1 for-profit entity to manage or operate the school during the 2 period that commences on the effective date of this 3 amendatory Act of the 92nd General Assembly and concludes at 4 the end of the 2004-2005 school year. The changes made to 5 this Section by this amendatory Act of the 92nd General 6 Assembly do not apply to charter schools existing or approved 7 on or before the effective date of this amendatory Act. 8 Except as provided in subsection (i) of this Section, a 9 school district may charge a charter school reasonable rent 10 for the use of the district's buildings, grounds, and 11 facilities. Any services for which a charter school 12 contracts with a school district shall be provided by the 13 district at cost. Any services for which a charter school 14 contracts with a local school board or with the governing 15 body of a State college or university or public community 16 college shall be provided by the public entity at cost. 17 (i) In no event shall a charter school that is 18 established by converting an existing school or attendance 19 center to charter school status be required to pay rent for 20 space that is deemed available, as negotiated and provided in 21 the charter agreement, in school district facilities. 22 However, all other costs for the operation and maintenance of 23 school district facilities that are used by the charter 24 school shall be subject to negotiation between the charter 25 school and the local school board and shall be set forth in 26 the charter. 27 (j) A charter school may limit student enrollment by age 28 or grade level. 29 (Source: P.A. 91-407, eff. 8-3-99.) 30 (105 ILCS 5/27A-6) 31 Sec. 27A-6. Contract contents; applicability of laws and 32 regulations. 33 (a) A certified charter shall constitute a binding -7- LRB9201722NTpkam 1 contract and agreement between the charter school and a local 2 school board under the terms of which the local school board 3 authorizes the governing body of the charter school to 4 operate the charter school on the terms specified in the 5 contract. 6 (b) Notwithstanding any other provision of this Article, 7 the certified charter may not waive or release the charter 8 school from the State goals, standards, and assessments 9 established pursuant to Section 2-3.64. Beginning with the 10 2003-2004 school year, the certified charter for a charter 11 school operating in a city having a population exceeding 12 500,000 shall require the charter school to administer any 13 other nationally recognized standardized tests to its 14 students that the chartering entity administers to other 15 students, and the results on such tests shall be included in 16 the chartering entity's assessment reports. 17 (c) Subject to the provisions of subsection (e), a 18 material revision to a previously certified contract or a 19 renewal shall be made with the approval of both the local 20 school board and the governing body of the charter school. 21 (c-5) The proposed contract shall include a provision on 22 how both parties will address minor violations of the 23 contract. 24 (d) The proposed contract between the governing body of 25 a proposed charter school and the local school board as 26 described in Section 27A-7 must be submitted to and certified 27 by the State Board before it can take effect. If the State 28 Board recommends that the proposed contract be modified for 29 consistency with this Article before it can be certified, the 30 modifications must be consented to by both the governing body 31 of the charter school and the local school board, and 32 resubmitted to the State Board for its certification. If the 33 proposed contract is resubmitted in a form that is not 34 consistent with this Article, the State Board may refuse to -8- LRB9201722NTpkam 1 certify the charter. 2 The State Board shall assign a number to each submission 3 or resubmission in chronological order of receipt, and shall 4 determine whether the proposed contract is consistent with 5 the provisions of this Article. If the proposed contract 6 complies, the State Board shall so certify. 7 (e) No material revision to a previously certified 8 contract or a renewal shall be effective unless and until the 9 State Board certifies that the revision or renewal is 10 consistent with the provisions of this Article. 11 (Source: P.A. 91-407, eff. 8-3-99.) 12 (105 ILCS 5/27A-10) 13 Sec. 27A-10. Employees. 14 (a) A person shall be deemed to be employed by a charter 15 school unless a collective bargaining agreement or the 16 charter school contract otherwise provides. 17 (b) In all school districts, including special charter 18 districts and districts located in cities having a population 19 exceeding 500,000, the local school board shall determine by 20 policy or by negotiated agreement, if one exists, the 21 employment status of any school district employees who are 22 employed by a charter school and who seek to return to 23 employment in the public schools of the district. Each local 24 school board shall grant, for a period of up to 5 years, a 25 leave of absence to those of its teachers who accept 26 employment with a charter school. At the end of the 27 authorized leave of absence, the teacher must return to the 28 school district or resign; provided, however, that if the 29 teacher chooses to return to the school district, the teacher 30 must be assigned to a position which requires the teacher's 31 certification and legal qualifications. The contractual 32 continued service status and retirement benefits of a teacher 33 of the district who is granted a leave of absence to accept -9- LRB9201722NTpkam 1 employment with a charter school shall not be affected by 2 that leave of absence. 3 (c) Charter schools shall employ in instructional 4 positions, as defined in the charter, individuals who are 5 certificated under Article 21 of this the SchoolCode or who 6 possess the following qualifications: 7 (i) graduated with a bachelor's degree from an 8 accredited institution of higher learning; 9 (ii) been employed for a period of at least 5 years 10 in an area requiring application of the individual's 11 education; 12 (iii) passed the tests of basic skills and subject 13 matter knowledge required by Section 21-1a of the School 14 Code; and 15 (iv) demonstrate continuing evidence of 16 professional growth which shall include, but not be 17 limited to, successful teaching experience, attendance at 18 professional meetings, membership in professional 19 organizations, additional credits earned at institutions 20 of higher learning, travel specifically for educational 21 purposes, and reading of professional books and 22 periodicals. 23 Charter schools employing individuals without 24 certification in instructional positions shall provide such 25 mentoring, training, and staff development for those 26 individuals as the charter schools determine necessary for 27 satisfactory performance in the classroom. 28 Beginning with the 2006-2007 school year, at least 50% of 29 the individuals employed in instructional positions by a 30 charter school that is operating in a city having a 31 population exceeding 500,000 and that is established on or 32 after the effective date of this amendatory Act of the 92nd 33 General Assembly shall hold teaching certificates issued 34 under Article 21 of this Code. -10- LRB9201722NTpkam 1 Beginning with the 2006-2007 school year, at least 75% of 2 the individuals employed in instructional positions by a 3 charter school that is operating in a city having a 4 population exceeding 500,000 and that is established before 5 the effective date of this amendatory Act of the 92nd General 6 Assembly shall hold teaching certificates issued under 7 Article 21 of this Code. 8 Charter schools operating in a city having a population 9 exceeding 500,000 are exempt from any annual cap on new 10 participants in an alternative certification program. The 11 second and third phases of the alternative certification 12 program may be conducted and completed at the charter school, 13 and the alternative teaching certificate is valid for 4 years 14 or the length of the charter (or any extension of the 15 charter), whichever is longer. 16 Notwithstanding any other provisions of the School Code, 17 charter schools may employ non-certificated staff in all 18 other positions. 19 (d) A teacher at a charter school may resign his or her 20 position only if the teacher gives notice of resignation to 21 the charter school's governing body at least 60 days before 22 the end of the school term, and the resignation must take 23 effect immediately upon the end of the school term. 24 (Source: P.A. 89-450, eff. 4-10-96.) 25 (105 ILCS 5/34-3.5 new) 26 Sec. 34-3.5. Partnership agreement on advancing student 27 achievement; No Child Left Behind Act of 2001. 28 (a) The General Assembly finds that the Chicago Teachers 29 Union, the Chicago Board of Education, and the district's 30 chief executive officer have a common responsibility beyond 31 their statutory collective bargaining relationship to 32 institute purposeful education reforms in the Chicago Public 33 Schools that maximize the number of students in the Chicago -11- LRB9201722NTpkam 1 Public Schools who reach or exceed proficiency with regard to 2 State academic standards and assessments. The General 3 Assembly further finds that education reform in the Chicago 4 Public Schools must be premised on a commitment by all 5 stakeholders to redefine relationships, develop, implement, 6 and evaluate programs, seek new and additional resources, 7 improve the value of educational programs to students, 8 accelerate the quality of teacher training, improve 9 instructional excellence, and develop and implement 10 strategies to comply with the federal No Child Left Behind 11 Act of 2001 (Public Law 107-110). 12 The Chicago Board of Education and the district's chief 13 executive officer shall enter into a partnership agreement 14 with the Chicago Teachers Union to allow the parties to work 15 together to advance the Chicago Public Schools to the next 16 level of education reform. This agreement must be entered 17 into and take effect within 90 days after the effective date 18 of this amendatory Act of the 92nd General Assembly. As part 19 of this agreement, the Chicago Teachers Union, the Chicago 20 Board of Education, and the district's chief executive 21 officer shall jointly file a report with the General Assembly 22 at the end of each school year with respect to the nature of 23 the reforms that the parties have instituted, the effect of 24 these reforms on student achievement, and any other matters 25 that the parties deem relevant to evaluating the 26 effectiveness of the agreement. 27 (b) Decisions concerning matters of inherent managerial 28 policy necessary to comply with the federal No Child Left 29 Behind Act of 2001 (Public Law 107-110), including such areas 30 of discretion or policy as the functions of the employer, the 31 standards and delivery of educational services and programs, 32 the district's overall budget, the district's organizational 33 structure, student assignment, school choice, and the 34 selection of new employees and direction of employees, and -12- LRB9201722NTpkam 1 the impact of these decisions on individual employees or the 2 bargaining unit shall be permissive subjects of bargaining 3 between the educational employer and the exclusive bargaining 4 representative and are within the sole discretion of the 5 educational employer to decide to bargain, notwithstanding 6 any other provision of this Code or any provision of Section 7 4.5 of the Illinois Educational Labor Relations Act to the 8 contrary (provided that any dispute or impasse that may arise 9 under this subsection (b) shall be resolved exclusively as 10 set forth in subsection (b) of Section 12 of the Illinois 11 Educational Labor Relations Act in lieu of a strike under 12 Section 13 of the Illinois Educational Labor Relations Act). 13 (105 ILCS 5/34-8.1) (from Ch. 122, par. 34-8.1) 14 Sec. 34-8.1. Principals. Principals shall be employed to 15 supervise the operation of each attendance center. Their 16 powers and duties shall include but not be limited to the 17 authority (i) to direct, supervise, evaluate, and suspend 18 with or without pay or otherwise discipline all teachers, 19 assistant principals, and other employees assigned to the 20 attendance center in accordance with board rules and policies 21 and (ii) to direct all other persons assigned to the 22 attendance center pursuant to a contract with a third party 23 to provide services to the school system. The right to 24 employ, discharge, and layoff shall be vested solely with the 25 board, provided that decisions to discharge or suspend 26 non-certified employees, including disciplinary layoffs, and 27 the termination of certified employees from employment 28 pursuant to a layoff or reassignment policy is subject to 29 review under a grievance resolution procedure adopted 30 pursuant to subsection (c) of Section 10 of the Illinois 31 Educational Labor Relations Act. The grievance resolution 32 procedure, if adopted by the board, shall provide for final 33 and binding arbitration, and, notwithstanding any other -13- LRB9201722NTpkam 1 provision of law to the contrary, the arbitrator's decision 2 may include all make-whole relief, including without 3 limitation reinstatement. The principal shall fill positions 4 by appointment as provided in this Section and may make 5 recommendations to the board regarding the employment, 6 discharge, or layoff of any individual. The authority of the 7 principal shall include the authority to direct the hours 8 during which the attendance center shall be open and 9 available for use provided the use complies with board rules 10 and policies, to determine when and what operations shall be 11 conducted within those hours, and to schedule staff within 12 those hours. Under the direction of, and subject to the 13 authority of the principal, the Engineer In Charge shall be 14 accountable for the safe, economical operation of the plant 15 and grounds and shall also be responsible for orientation, 16 training, and supervising the work of Engineers, Trainees, 17 school maintenance assistants, custodial workers and other 18 plant operation employees under his or her direction. 19 There shall be established by the board a system of 20 semi-annual evaluations conducted by the principal as to 21 performance of the engineer in charge. Nothing in this 22 Section shall prevent the principal from conducting 23 additional evaluations. An overall numerical rating shall 24 be given by the principal based on the evaluation conducted 25 by the principal. An unsatisfactory numerical rating shall 26 result in disciplinary action, which may include, without 27 limitation and in the judgment of the principal, loss of 28 promotion or bidding procedure, reprimand, suspension with or 29 without pay, or recommended dismissal. The board shall 30 establish procedures for conducting the evaluation and 31 reporting the results to the engineer in charge. 32 Under the direction of, and subject to the authority of, 33 the principal, the Food Service Manager is responsible at all 34 times for the proper operation and maintenance of the lunch -14- LRB9201722NTpkam 1 room to which he is assigned and shall also be responsible 2 for the orientation, training, and supervising the work of 3 cooks, bakers, porters, and lunchroom attendants under his or 4 her direction. 5 There shall be established by the Board a system of 6 semi-annual evaluations conducted by the principal as to the 7 performance of the food service manager. Nothing in this 8 Section shall prevent the principal from conducting 9 additional evaluations. An overall numerical rating shall be 10 given by the principal based on the evaluation conducted by 11 the principal. An unsatisfactory numerical rating shall 12 result in disciplinary action which may include, without 13 limitation and in the judgment of the principal, loss of 14 promotion or bidding procedure, reprimand, suspension with or 15 without pay, or recommended dismissal. The board shall 16 establish rules for conducting the evaluation and reporting 17 the results to the food service manager. 18 Nothing in this Section shall be interpreted to require 19 the employment or assignment of an Engineer-In-Charge or a 20 Food Service Manager for each attendance center. 21 Principals shall be employed to supervise the educational 22 operation of each attendance center. If a principal is absent 23 due to extended illness or leave or absence, an assistant 24 principal may be assigned as acting principal for a period 25 not to exceed 100 school days. Each principal shall assume 26 administrative responsibility and instructional leadership, 27 in accordance with reasonable rules and regulations of the 28 board, for the planning, operation and evaluation of the 29 educational program of the attendance center to which he is 30 assigned. The principal shall submit recommendations to the 31 general superintendent concerning the appointment, dismissal, 32 retention, promotion, and assignment of all personnel 33 assigned to the attendance center; provided, that from and 34 after September 1, 1989: (i) if any vacancy occurs in a -15- LRB9201722NTpkam 1 position at the attendance center or if an additional or new 2 position is created at the attendance center, that position 3 shall be filled by appointment made by the principal in 4 accordance with procedures established and provided by the 5 Board whenever the majority of the duties included in that 6 position are to be performed at the attendance center which 7 is under the principal's supervision, and each such 8 appointment so made by the principal shall be made and based 9 upon merit and ability to perform in that position without 10 regard to seniority or length of service, provided, that such 11 appointments shall be subject to the Board's desegregation 12 obligations, including but not limited to the Consent Decree 13 and Desegregation Plan in U.S. v. Chicago Board of Education; 14 (ii) the principal shall submit recommendations based upon 15 merit and ability to perform in the particular position, 16 without regard to seniority or length of service, to the 17 general superintendent concerning the appointment of any 18 teacher, teacher aide, counselor, clerk, hall guard, security 19 guard and any other personnel which is to be made by the 20 general superintendent whenever less than a majority of the 21 duties of that teacher, teacher aide, counselor, clerk, hall 22 guard, and security guard and any other personnel are to be 23 performed at the attendance center which is under the 24 principal's supervision; and (iii) subject to law and the 25 applicable collective bargaining agreements, the authority 26 and responsibilities of a principal with respect to the 27 evaluation of all teachers and other personnel assigned to an 28 attendance center shall commence immediately upon his or her 29 appointment as principal of the attendance center, without 30 regard to the length of time that he or she has been the 31 principal of that attendance center. 32 Notwithstanding the existence of any other law of this 33 State, nothing in this Act shall prevent the board from 34 entering into a contract with a third party for services -16- LRB9201722NTpkam 1 currently performed by any employee or bargaining unit 2 member. 3 Notwithstanding any other provision of this Article, each 4 principal may approve contracts, binding on the board, in the 5 amount of no more than $10,000, if the contract is endorsed 6 by the Local School Council. 7 Unless otherwise prohibited by law or by rule of the 8 board, the principal shall provide to local school council 9 members copies of all internal audits and any other pertinent 10 information generated by any audits or reviews of the 11 programs and operation of the attendance center. 12 Each principal shall hold a valid administrative 13 certificate issued or exchanged in accordance with Article 21 14 and endorsed as required by that Article for the position of 15 principal. The board may establish or impose academic, 16 educational, examination, and experience requirements and 17 criteria that are in addition to those established and 18 required by Article 21 for issuance of a valid certificate 19 endorsed for the position of principal as a condition of the 20 nomination, selection, appointment, employment, or continued 21 employment of a person as principal of any attendance center, 22 or as a condition of the renewal of any principal's 23 performance contract. 24 The board shall specify in its formal job description for 25 principals, and from and after July 1, 1990 shall specify in 26 the 4 year performance contracts for use with respect to all 27 principals, that his or her primary responsibility is in the 28 improvement of instruction. A majority of the time spent by 29 a principal shall be spent on curriculum and staff 30 development through both formal and informal activities, 31 establishing clear lines of communication regarding school 32 goals, accomplishments, practices and policies with parents 33 and teachers. The principal, with the assistance of the 34 local school council, shall develop a school improvement plan -17- LRB9201722NTpkam 1 as provided in Section 34-2.4 and, upon approval of the plan 2 by the local school council, shall be responsible for 3 directing implementation of the plan. The principal, with the 4 assistance of the Professional Personnel Advisory Committee, 5 shall develop the specific methods and contents of the 6 school's curriculum within the board's system-wide curriculum 7 standards and objectives and the requirements of the school 8 improvement plan. The board shall ensure that all principals 9 are evaluated on their instructional leadership ability and 10 their ability to maintain a positive education and learning 11 climate. It shall also be the responsibility of the 12 principal to utilize resources of proper law enforcement 13 agencies when the safety and welfare of students and teachers 14 are threatened by illegal use of drugs and alcohol, by 15 illegal use or possession of weapons, or by illegal gang 16 activity. 17 On or before October 1, 1989, the Board of Education, in 18 consultation with any professional organization representing 19 principals in the district, shall promulgate rules and 20 implement a lottery for the purpose of determining whether a 21 principal's existing performance contract (including the 22 performance contract applicable to any principal's position 23 in which a vacancy then exists) expires on June 30, 1990 or 24 on June 30, 1991, and whether the ensuing 4 year performance 25 contract begins on July 1, 1990 or July 1, 1991. The Board of 26 Education shall establish and conduct the lottery in such 27 manner that of all the performance contracts of principals 28 (including the performance contracts applicable to all 29 principal positions in which a vacancy then exists), 50% of 30 such contracts shall expire on June 30, 1990, and 50% shall 31 expire on June 30, 1991. All persons serving as principal on 32 May 1, 1989, and all persons appointed as principal after May 33 1, 1989 and prior to July 1, 1990 or July 1, 1991, in a 34 manner other than as provided by Section 34-2.3, shall be -18- LRB9201722NTpkam 1 deemed by operation of law to be serving under a performance 2 contract which expires on June 30, 1990 or June 30, 1991; and 3 unless such performance contract of any such principal is 4 renewed (or such person is again appointed to serve as 5 principal) in the manner provided by Section 34-2.2 or 6 34-2.3, the employment of such person as principal shall 7 terminate on June 30, 1990 or June 30, 1991. 8 Commencing on July 1, 1990, or on July 1, 1991, and 9 thereafter, the principal of each attendance center shall be 10 the person selected in the manner provided by Section 34-2.3 11 to serve as principal of that attendance center under a 4 12 year performance contract. All performance contracts of 13 principals expiring after July 1, 1990, or July 1, 1991, 14 shall commence on the date specified in the contract, and the 15 renewal of their performance contracts and the appointment of 16 principals when their performance contracts are not renewed 17 shall be governed by Sections 34-2.2 and 34-2.3. Whenever a 18 vacancy in the office of a principal occurs for any reason, 19 the vacancy shall be filled by the selection of a new 20 principal to serve under a 4 year performance contract in the 21 manner provided by Section 34-2.3. 22 The board of education shall develop and prepare, in 23 consultation with the organization representing principals, a 24 performance contract for use at all attendance centers, and 25 shall furnish the same to each local school council. The 26 term of the performance contract shall be 4 years, unless the 27 principal is retained by the decision of a hearing officer 28 pursuant to subdivision 1.5 of Section 34-2.3, in which case 29 the contract shall be extended for 2 years. The performance 30 contract of each principal shall consist of the uniform 31 performance contract, as developed or from time to time 32 modified by the board, and such additional criteria as are 33 established by a local school council pursuant to Section 34 34-2.3 for the performance contract of its principal. -19- LRB9201722NTpkam 1 During the term of his or her performance contract, a 2 principal may be removed only as provided for in the 3 performance contract except for cause. He or she shall also 4 be obliged to follow the rules of the board of education 5 concerning conduct and efficiency. 6 In the event the performance contract of a principal is 7 not renewed or a principal is not reappointed as principal 8 under a new performance contract, or in the event a principal 9 is appointed to any position of superintendent or higher 10 position, or voluntarily resigns his position of principal, 11 his or her employment as a principal shall terminate and such 12 former principal shall not be reinstated to the position from 13 which he or she was promoted to principal, except that he or 14 she, if otherwise qualified and certified in accordance with 15 Article 21, shall be placed by the board on appropriate 16 eligibility lists which it prepares for use in the filling of 17 vacant or additional or newly created positions for teachers. 18 The principal's total years of service to the board as both a 19 teacher and a principal, or in other professional capacities, 20 shall be used in calculating years of experience for purposes 21 of being selected as a teacher into new, additional or vacant 22 positions. 23 In the event the performance contract of a principal is 24 not renewed or a principal is not reappointed as principal 25 under a new performance contract, such principal shall be 26 eligible to continue to receive his or her previously 27 provided level of health insurance benefits for a period of 28 90 days following the non-renewal of the contract at no 29 expense to the principal, provided that such principal has 30 not retired. 31 (Source: P.A. 91-622, eff. 8-19-99; 91-728, eff. 6-2-00.) 32 (105 ILCS 5/34-18) (from Ch. 122, par. 34-18) 33 Sec. 34-18. Powers of the board. The board shall -20- LRB9201722NTpkam 1 exercise general supervision and jurisdiction over the public 2 education and the public school system of the city, and, 3 except as otherwise provided by this Article, shall have 4 power: 5 1. To make suitable provision for the establishment 6 and maintenance throughout the year or for such portion 7 thereof as it may direct, not less than 9 months, of 8 schools of all grades and kinds, including normal 9 schools, high schools, night schools, schools for 10 defectives and delinquents, parental and truant schools, 11 schools for the blind, the deaf and the crippled, schools 12 or classes in manual training, constructural and 13 vocational teaching, domestic arts and physical culture, 14 vocation and extension schools and lecture courses, and 15 all other educational courses and facilities, including 16 establishing, equipping, maintaining and operating 17 playgrounds and recreational programs, when such programs 18 are conducted in, adjacent to, or connected with any 19 public school under the general supervision and 20 jurisdiction of the board; provided, however, that in 21 allocating funds from year to year for the operation of 22 all attendance centers within the district, the board 23 shall ensure that supplemental general State aid funds 24 are allocated and applied in accordance with Section 18-8 25 or 18-8.05. To admit to such schools without charge 26 foreign exchange students who are participants in an 27 organized exchange student program which is authorized by 28 the board. The board shall permit all students to enroll 29 in apprenticeship programs in trade schools operated by 30 the board, whether those programs are union-sponsored or 31 not. No student shall be refused admission into or be 32 excluded from any course of instruction offered in the 33 common schools by reason of that student's sex. No 34 student shall be denied equal access to physical -21- LRB9201722NTpkam 1 education and interscholastic athletic programs supported 2 from school district funds or denied participation in 3 comparable physical education and athletic programs 4 solely by reason of the student's sex. Equal access to 5 programs supported from school district funds and 6 comparable programs will be defined in rules promulgated 7 by the State Board of Education in consultation with the 8 Illinois High School Association. Notwithstanding any 9 other provision of this Article, neither the board of 10 education nor any local school council or other school 11 official shall recommend that children with disabilities 12 be placed into regular education classrooms unless those 13 children with disabilities are provided with 14 supplementary services to assist them so that they 15 benefit from the regular classroom instruction and are 16 included on the teacher's regular education class 17 register; 18 2. To furnish lunches to pupils, to make a 19 reasonable charge therefor, and to use school funds for 20 the payment of such expenses as the board may determine 21 are necessary in conducting the school lunch program; 22 3. To co-operate with the circuit court; 23 4. To make arrangements with the public or 24 quasi-public libraries and museums for the use of their 25 facilities by teachers and pupils of the public schools; 26 5. To employ dentists and prescribe their duties 27 for the purpose of treating the pupils in the schools, 28 but accepting such treatment shall be optional with 29 parents or guardians; 30 6. To grant the use of assembly halls and 31 classrooms when not otherwise needed, including light, 32 heat, and attendants, for free public lectures, concerts, 33 and other educational and social interests, free of 34 charge, under such provisions and control as the -22- LRB9201722NTpkam 1 principal of the affected attendance center may 2 prescribe; 3 7. To apportion the pupils to the several schools; 4 provided that no pupil shall be excluded from or 5 segregated in any such school on account of his color, 6 race, sex, or nationality. The board shall take into 7 consideration the prevention of segregation and the 8 elimination of separation of children in public schools 9 because of color, race, sex, or nationality. Except that 10 children may be committed to or attend parental and 11 social adjustment schools established and maintained 12 either for boys or girls only. All records pertaining to 13 the creation, alteration or revision of attendance areas 14 shall be open to the public. Nothing herein shall limit 15 the board's authority to establish multi-area attendance 16 centers or other student assignment systems for 17 desegregation purposes or otherwise, and to apportion the 18 pupils to the several schools. Furthermore, beginning in 19 school year 1994-95, pursuant to a board plan adopted by 20 October 1, 1993, the board shall offer, commencing on a 21 phased-in basis, the opportunity for families within the 22 school district to apply for enrollment of their children 23 in any attendance center within the school district which 24 does not have selective admission requirements approved 25 by the board. The appropriate geographical area in which 26 such open enrollment may be exercised shall be determined 27 by the board of education. Such children may be admitted 28 to any such attendance center on a space available basis 29 after all children residing within such attendance 30 center's area have been accommodated. If the number of 31 applicants from outside the attendance area exceed the 32 space available, then successful applicants shall be 33 selected by lottery. The board of education's open 34 enrollment plan must include provisions that allow low -23- LRB9201722NTpkam 1 income students to have access to transportation needed 2 to exercise school choice. Open enrollment shall be in 3 compliance with the provisions of the Consent Decree and 4 Desegregation Plan cited in Section 34-1.01; 5 8. To approve programs and policies for providing 6 transportation services to students. Nothing herein shall 7 be construed to permit or empower the State Board of 8 Education to order, mandate, or require busing or other 9 transportation of pupils for the purpose of achieving 10 racial balance in any school; 11 9. Subject to the limitations in this Article, to 12 establish and approve system-wide curriculum objectives 13 and standards, including graduation standards, which 14 reflect the multi-cultural diversity in the city and are 15 consistent with State law, provided that for all purposes 16 of this Article courses or proficiency in American Sign 17 Language shall be deemed to constitute courses or 18 proficiency in a foreign language; and to employ 19 principals and teachers, appointed as provided in this 20 Article, and fix their compensation. The board shall 21 prepare such reports related to minimal competency 22 testing as may be requested by the State Board of 23 Education, and in addition shall monitor and approve 24 special education and bilingual education programs and 25 policies within the district to assure that appropriate 26 services are provided in accordance with applicable State 27 and federal laws to children requiring services and 28 education in those areas; 29 10. To employ non-teaching personnel or utilize 30 volunteer personnel for: (i) non-teaching duties not 31 requiring instructional judgment or evaluation of pupils, 32 including library duties; and (ii) supervising study 33 halls, long distance teaching reception areas used 34 incident to instructional programs transmitted by -24- LRB9201722NTpkam 1 electronic media such as computers, video, and audio, 2 detention and discipline areas, and school-sponsored 3 extracurricular activities. The board may further 4 utilize volunteer non-certificated personnel or employ 5 non-certificated personnel to assist in the instruction 6 of pupils under the immediate supervision of a teacher 7 holding a valid certificate, directly engaged in teaching 8 subject matter or conducting activities; provided that 9 the teacher shall be continuously aware of the 10 non-certificated persons' activities and shall be able to 11 control or modify them. The general superintendent shall 12 determine qualifications of such personnel and shall 13 prescribe rules for determining the duties and activities 14 to be assigned to such personnel; 15 10.5. To utilize volunteer personnel from a 16 regional School Crisis Assistance Team (S.C.A.T.), 17 created as part of the Safe to Learn Program established 18 pursuant to Section 25 of the Illinois Violence 19 Prevention Act of 1995, to provide assistance to schools 20 in times of violence or other traumatic incidents within 21 a school community by providing crisis intervention 22 services to lessen the effects of emotional trauma on 23 individuals and the community; the School Crisis 24 Assistance Team Steering Committee shall determine the 25 qualifications for volunteers; 26 11. To provide television studio facilities in not 27 to exceed one school building and to provide programs for 28 educational purposes, provided, however, that the board 29 shall not construct, acquire, operate, or maintain a 30 television transmitter; to grant the use of its studio 31 facilities to a licensed television station located in 32 the school district; and to maintain and operate not to 33 exceed one school radio transmitting station and provide 34 programs for educational purposes; -25- LRB9201722NTpkam 1 12. To offer, if deemed appropriate, outdoor 2 education courses, including field trips within the State 3 of Illinois, or adjacent states, and to use school 4 educational funds for the expense of the said outdoor 5 educational programs, whether within the school district 6 or not; 7 13. During that period of the calendar year not 8 embraced within the regular school term, to provide and 9 conduct courses in subject matters normally embraced in 10 the program of the schools during the regular school term 11 and to give regular school credit for satisfactory 12 completion by the student of such courses as may be 13 approved for credit by the State Board of Education; 14 14. To insure against any loss or liability of the 15 board, the former School Board Nominating Commission, 16 Local School Councils, the Chicago Schools Academic 17 Accountability Council, or the former Subdistrict 18 Councils or of any member, officer, agent or employee 19 thereof, resulting from alleged violations of civil 20 rights arising from incidents occurring on or after 21 September 5, 1967 or from the wrongful or negligent act 22 or omission of any such person whether occurring within 23 or without the school premises, provided the officer, 24 agent or employee was, at the time of the alleged 25 violation of civil rights or wrongful act or omission, 26 acting within the scope of his employment or under 27 direction of the board, the former School Board 28 Nominating Commission, the Chicago Schools Academic 29 Accountability Council, Local School Councils, or the 30 former Subdistrict Councils; and to provide for or 31 participate in insurance plans for its officers and 32 employees, including but not limited to retirement 33 annuities, medical, surgical and hospitalization benefits 34 in such types and amounts as may be determined by the -26- LRB9201722NTpkam 1 board; provided, however, that the board shall contract 2 for such insurance only with an insurance company 3 authorized to do business in this State. Such insurance 4 may include provision for employees who rely on treatment 5 by prayer or spiritual means alone for healing, in 6 accordance with the tenets and practice of a recognized 7 religious denomination; 8 15. To contract with the corporate authorities of 9 any municipality or the county board of any county, as 10 the case may be, to provide for the regulation of traffic 11 in parking areas of property used for school purposes, in 12 such manner as is provided by Section 11-209 of The 13 Illinois Vehicle Code, approved September 29, 1969, as 14 amended; 15 16. (a) To provide, on an equal basis, access to a 16 high school campus and student directory information to 17 the official recruiting representatives of the armed 18 forces of Illinois and the United States for the purposes 19 of informing students of the educational and career 20 opportunities available in the military if the board has 21 provided such access to persons or groups whose purpose 22 is to acquaint students with educational or occupational 23 opportunities available to them. The board is not 24 required to give greater notice regarding the right of 25 access to recruiting representatives than is given to 26 other persons and groups. In this paragraph 16, 27 "directory information" means a high school student's 28 name, address, and telephone number. 29 (b) If a student or his or her parent or guardian 30 submits a signed, written request to the high school 31 before the end of the student's sophomore year (or if the 32 student is a transfer student, by another time set by the 33 high school) that indicates that the student or his or 34 her parent or guardian does not want the student's -27- LRB9201722NTpkam 1 directory information to be provided to official 2 recruiting representatives under subsection (a) of this 3 Section, the high school may not provide access to the 4 student's directory information to these recruiting 5 representatives. The high school shall notify its 6 students and their parents or guardians of the provisions 7 of this subsection (b). 8 (c) A high school may require official recruiting 9 representatives of the armed forces of Illinois and the 10 United States to pay a fee for copying and mailing a 11 student's directory information in an amount that is not 12 more than the actual costs incurred by the high school. 13 (d) Information received by an official recruiting 14 representative under this Section may be used only to 15 provide information to students concerning educational 16 and career opportunities available in the military and 17 may not be released to a person who is not involved in 18 recruiting students for the armed forces of Illinois or 19 the United States; 20 17. (a) To sell or market any computer program 21 developed by an employee of the school district, provided 22 that such employee developed the computer program as a 23 direct result of his or her duties with the school 24 district or through the utilization of the school 25 district resources or facilities. The employee who 26 developed the computer program shall be entitled to share 27 in the proceeds of such sale or marketing of the computer 28 program. The distribution of such proceeds between the 29 employee and the school district shall be as agreed upon 30 by the employee and the school district, except that 31 neither the employee nor the school district may receive 32 more than 90% of such proceeds. The negotiation for an 33 employee who is represented by an exclusive bargaining 34 representative may be conducted by such bargaining -28- LRB9201722NTpkam 1 representative at the employee's request. 2 (b) For the purpose of this paragraph 17: 3 (1) "Computer" means an internally programmed, 4 general purpose digital device capable of 5 automatically accepting data, processing data and 6 supplying the results of the operation. 7 (2) "Computer program" means a series of coded 8 instructions or statements in a form acceptable to a 9 computer, which causes the computer to process data 10 in order to achieve a certain result. 11 (3) "Proceeds" means profits derived from 12 marketing or sale of a product after deducting the 13 expenses of developing and marketing such product; 14 18. To delegate to the general superintendent of 15 schools, by resolution, the authority to approve 16 contracts and expenditures in amounts of $10,000 or less; 17 19. Upon the written request of an employee, to 18 withhold from the compensation of that employee any dues, 19 payments or contributions payable by such employee to any 20 labor organization as defined in the Illinois Educational 21 Labor Relations Act. Under such arrangement, an amount 22 shall be withheld from each regular payroll period which 23 is equal to the pro rata share of the annual dues plus 24 any payments or contributions, and the board shall 25 transmit such withholdings to the specified labor 26 organization within 10 working days from the time of the 27 withholding; 28 19a. Upon receipt of notice from the comptroller of 29 a municipality with a population of 500,000 or more, a 30 county with a population of 3,000,000 or more, the Cook 31 County Forest Preserve District, the Chicago Park 32 District, the Metropolitan Water Reclamation District, 33 the Chicago Transit Authority, or a housing authority of 34 a municipality with a population of 500,000 or more that -29- LRB9201722NTpkam 1 a debt is due and owing the municipality, the county, the 2 Cook County Forest Preserve District, the Chicago Park 3 District, the Metropolitan Water Reclamation District, 4 the Chicago Transit Authority, or the housing authority 5 by an employee of the Chicago Board of Education, to 6 withhold, from the compensation of that employee, the 7 amount of the debt that is due and owing and pay the 8 amount withheld to the municipality, the county, the Cook 9 County Forest Preserve District, the Chicago Park 10 District, the Metropolitan Water Reclamation District, 11 the Chicago Transit Authority, or the housing authority; 12 provided, however, that the amount deducted from any one 13 salary or wage payment shall not exceed 25% of the net 14 amount of the payment. Before the Board deducts any 15 amount from any salary or wage of an employee under this 16 paragraph, the municipality, the county, the Cook County 17 Forest Preserve District, the Chicago Park District, the 18 Metropolitan Water Reclamation District, the Chicago 19 Transit Authority, or the housing authority shall certify 20 that (i) the employee has been afforded an opportunity 21 for a hearing to dispute the debt that is due and owing 22 the municipality, the county, the Cook County Forest 23 Preserve District, the Chicago Park District, the 24 Metropolitan Water Reclamation District, the Chicago 25 Transit Authority, or the housing authority and (ii) the 26 employee has received notice of a wage deduction order 27 and has been afforded an opportunity for a hearing to 28 object to the order. For purposes of this paragraph, 29 "net amount" means that part of the salary or wage 30 payment remaining after the deduction of any amounts 31 required by law to be deducted and "debt due and owing" 32 means (i) a specified sum of money owed to the 33 municipality, the county, the Cook County Forest Preserve 34 District, the Chicago Park District, the Metropolitan -30- LRB9201722NTpkam 1 Water Reclamation District, the Chicago Transit 2 Authority, or the housing authority for services, work, 3 or goods, after the period granted for payment has 4 expired, or (ii) a specified sum of money owed to the 5 municipality, the county, the Cook County Forest Preserve 6 District, the Chicago Park District, the Metropolitan 7 Water Reclamation District, the Chicago Transit 8 Authority, or the housing authority pursuant to a court 9 order or order of an administrative hearing officer after 10 the exhaustion of, or the failure to exhaust, judicial 11 review; 12 20. The board is encouraged to employ a sufficient 13 number of certified school counselors to maintain a 14 student/counselor ratio of 250 to 1 by July 1, 1990. 15 Each counselor shall spend at least 75% of his work time 16 in direct contact with students and shall maintain a 17 record of such time; 18 21. To make available to students vocational and 19 career counseling and to establish 5 special career 20 counseling days for students and parents. On these days 21 representatives of local businesses and industries shall 22 be invited to the school campus and shall inform students 23 of career opportunities available to them in the various 24 businesses and industries. Special consideration shall 25 be given to counseling minority students as to career 26 opportunities available to them in various fields. For 27 the purposes of this paragraph, minority student means a 28 person who is: 29 (a) Black (a person having origins in any of 30 the black racial groups in Africa); 31 (b) Hispanic (a person of Spanish or 32 Portuguese culture with origins in Mexico, South or 33 Central America, or the Caribbean islands, 34 regardless of race); -31- LRB9201722NTpkam 1 (c) Asian American (a person having origins in 2 any of the original peoples of the Far East, 3 Southeast Asia, the Indian Subcontinent or the 4 Pacific Islands); or 5 (d) American Indian or Alaskan Native (a 6 person having origins in any of the original peoples 7 of North America). 8 Counseling days shall not be in lieu of regular 9 school days; 10 22. To report to the State Board of Education the 11 annual student dropout rate and number of students who 12 graduate from, transfer from or otherwise leave bilingual 13 programs; 14 23. Except as otherwise provided in the Abused and 15 Neglected Child Reporting Act or other applicable State 16 or federal law, to permit school officials to withhold, 17 from any person, information on the whereabouts of any 18 child removed from school premises when the child has 19 been taken into protective custody as a victim of 20 suspected child abuse. School officials shall direct 21 such person to the Department of Children and Family 22 Services, or to the local law enforcement agency if 23 appropriate; 24 24. To develop a policy, based on the current state 25 of existing school facilities, projected enrollment and 26 efficient utilization of available resources, for capital 27 improvement of schools and school buildings within the 28 district, addressing in that policy both the relative 29 priority for major repairs, renovations and additions to 30 school facilities, and the advisability or necessity of 31 building new school facilities or closing existing 32 schools to meet current or projected demographic patterns 33 within the district; 34 25. To make available to the students in every high -32- LRB9201722NTpkam 1 school attendance center the ability to take all courses 2 necessary to comply with the Board of Higher Education's 3 college entrance criteria effective in 1993; 4 26. To encourage mid-career changes into the 5 teaching profession, whereby qualified professionals 6 become certified teachers, by allowing credit for 7 professional employment in related fields when 8 determining point of entry on teacher pay scale; 9 27. To provide or contract out training programs 10 for administrative personnel and principals with revised 11 or expanded duties pursuant to this Act in order to 12 assure they have the knowledge and skills to perform 13 their duties; 14 28. To establish a fund for the prioritized special 15 needs programs, and to allocate such funds and other lump 16 sum amounts to each attendance center in a manner 17 consistent with the provisions of part 4 of Section 18 34-2.3. Nothing in this paragraph shall be construed to 19 require any additional appropriations of State funds for 20 this purpose; 21 29. (Blank); 22 30. Notwithstanding any other provision of this Act 23 or any other law to the contrary, to contract with third 24 parties for services otherwise performed by employees, 25 including those in a bargaining unit, and to layoff those 26 employees upon 14 days written notice to the affected 27 employees. Those contracts may be for a period not to 28 exceed 5 years and may be awarded on a system-wide basis; 29 31. To promulgate rules establishing procedures 30 governing the layoff or reduction in force of employees 31 and the recall of such employees, including, but not 32 limited to, criteria for such layoffs, reductions in 33 force or recall rights of such employees and the weight 34 to be given to any particular criterion. Such criteria -33- LRB9201722NTpkam 1 shall take into account factors including, but not be 2 limited to, qualifications, certifications, experience, 3 performance ratings or evaluations, and any other factors 4 relating to an employee's job performance; and5 32. To develop a policy to prevent nepotism in the 6 hiring of personnel or the selection of contractors; .7 33. To enter into a partnership agreement, as 8 required by Section 34-3.5 of this Code, and, 9 notwithstanding any other provision of law to the 10 contrary, to promulgate policies, enter into contracts, 11 and take any other action necessary to accomplish the 12 objectives and implement the requirements of that 13 agreement; and 14 34. To establish a Labor Management Council to the 15 board comprised of representatives of the board, the 16 chief executive officer, and those labor organizations 17 that are the exclusive representatives of employees of 18 the board and to promulgate policies and procedures for 19 the operation of the Council. 20 The specifications of the powers herein granted are not 21 to be construed as exclusive but the board shall also 22 exercise all other powers that they may be requisite or 23 proper for the maintenance and the development of a public 24 school system, not inconsistent with the other provisions of 25 this Article or provisions of this Code which apply to all 26 school districts. 27 In addition to the powers herein granted and authorized 28 to be exercised by the board, it shall be the duty of the 29 board to review or to direct independent reviews of special 30 education expenditures and services. The board shall file a 31 report of such review with the General Assembly on or before 32 May 1, 1990. 33 (Source: P.A. 92-109, eff. 7-20-01; 92-527, eff. 6-1-02; 34 92-724, eff. 7-25-02; revised 9-24-02.) -34- LRB9201722NTpkam 1 Section 10. The Illinois Educational Labor Relations Act 2 is amended by changing Sections 4.5 and 12 as follows: 3 (115 ILCS 5/4.5) 4 Sec. 4.5. ProhibitedSubjects of collective bargaining. 5 (a) Notwithstanding the existence of any other provision 6 in this Act or other law, collective bargaining between an 7 educational employer whose territorial boundaries are 8 coterminous with those of a city having a population in 9 excess of 500,000 and an exclusive representative of its 10 employees may shall notinclude any of the following 11 subjects: 12 (1) (Blank). Decisions to grant or deny a charter13 school proposal under Section 27A-8 of the Charter14 Schools Law, to renew or revoke a charter under Section15 27A-9 of the Charter Schools Law, or to grant or deny a16 leave of absence to an employee of a school district to17 become an employee of a charter school, and the impact of18 these decisions on individual employees or the bargaining19 unit.20 (2) Decisions to contract with a third party for 21 one or more services otherwise performed by employees in 22 a bargaining unit and ,the procedures for obtaining such 23 contract or the identity of the third party , and the24 impact of these decisions on individual employees or the25 bargaining unit. 26 (3) Decisions to layoff or reduce in force 27 employees (including but not limited to reserve teachers28 or teachers who are no longer on an administrative29 payroll) due to lack of work or funds, including but not30 limited to decline in student enrollment, change in31 subject requirements within the attendance center32 organization, closing of an attendance center, or33 contracts with third parties for the performance of-35- LRB9201722NTpkam 1 services, and the impact of these decisions on individual2 employees or the bargaining unit. 3 (4) Decisions to determine class size, class 4 staffing and assignment, class schedules, academic 5 calendar, hours and places of instruction, or pupil 6 assessment policies , and the impact of these decisions on7 individual employees or the bargaining unit. 8 (5) Decisions concerning use and staffing of 9 experimental or pilot programs and ,decisions concerning 10 use of technology to deliver educational programs and 11 services and staffing to provide the technology , and the12 impact of these decisions on individual employees or the13 bargaining unit. 14 (b) The subject or matters described in subsection (a) 15 are permissive prohibitedsubjects of bargaining between an 16 educational employer and an exclusive representative of its 17 employees and, for the purpose of this Act, are within the 18 sole discretion authorityof the educational employer to 19 decide to bargain, provided that the educational employer is 20 required to bargain over the impact of a decision concerning 21 such subject or matter on the bargaining unit upon request by 22 the exclusive representative. During this bargaining, the 23 educational employer shall not be precluded from implementing 24 its decision. If, after a reasonable period of bargaining, a 25 dispute or impasse exists between the educational employer 26 and the exclusive representative, the dispute or impasse 27 shall be resolved exclusively as set forth in subsection (b) 28 of Section 12 of this Act in lieu of a strike under Section 29 13 of this Act. 30 (c) A provision in a collective bargaining agreement 31 that was rendered null and void because it involved a 32 prohibited subject of collective bargaining under this 33 subsection (c) as this subsection (c) existed before the 34 effective date of this amendatory Act of the 92nd General -36- LRB9201722NTpkam 1 Assembly remains null and void and shall not otherwise be 2 reinstated in any successor agreement unless the educational 3 employer and exclusive representative otherwise agree to 4 include an agreement reached on a subject or matter described 5 in subsection (a) of this Section as subsection (a) existed 6 before this amendatory Act of the 92nd General Assembly. This7 Section shall apply to collective bargaining agreements that8 become effective after the effective date of this amendatory9 Act of 1995 and shall render a provision involving a10 prohibited subject in such agreement null and void.11 (Source: P.A. 89-15, eff. 5-30-95.) 12 (115 ILCS 5/12) (from Ch. 48, par. 1712) 13 Sec. 12. Impasse procedures. 14 (a) If the parties engaged in collective bargaining have 15 not reached an agreement by 90 days before the scheduled 16 start of the forthcoming school year, the parties shall 17 notify the Illinois Educational Labor Relations Board 18 concerning the status of negotiations. 19 Upon demand of either party, collective bargaining 20 between the employer and an exclusive bargaining 21 representative must begin within 60 days of the date of 22 certification of the representative by the Board, or in the 23 case of an existing exclusive bargaining representative, 24 within 60 days of the receipt by a party of a demand to 25 bargain issued by the other party. Once commenced, 26 collective bargaining must continue for at least a 60 day 27 period, unless a contract is entered into. 28 Except as otherwise provided in subsection (b) of this 29 Section, if after a reasonable period of negotiation and 30 within 45 days of the scheduled start of the forth-coming 31 school year, the parties engaged in collective bargaining 32 have reached an impasse, either party may petition the Board 33 to initiate mediation. Alternatively, the Board on its own -37- LRB9201722NTpkam 1 motion may initiate mediation during this period. However, 2 mediation shall be initiated by the Board at any time when 3 jointly requested by the parties and the services of the 4 mediators shall continuously be made available to the 5 employer and to the exclusive bargaining representative for 6 purposes of arbitration of grievances and mediation or 7 arbitration of contract disputes. If requested by the 8 parties, the mediator may perform fact-finding and in so 9 doing conduct hearings and make written findings and 10 recommendations for resolution of the dispute. Such 11 mediation shall be provided by the Board and shall be held 12 before qualified impartial individuals. Nothing prohibits 13 the use of other individuals or organizations such as the 14 Federal Mediation and Conciliation Service or the American 15 Arbitration Association selected by both the exclusive 16 bargaining representative and the employer. 17 If the parties engaged in collective bargaining fail to 18 reach an agreement within 15 days of the scheduled start of 19 the forthcoming school year and have not requested mediation, 20 the Illinois Educational Labor Relations Board shall invoke 21 mediation. 22 Whenever mediation is initiated or invoked under this 23 subsection (a) Section, the parties may stipulate to defer 24 selection of a mediator in accordance with rules adopted by 25 the Board. 26 (b) If, after a reasonable period of bargaining of at 27 least 60 days, a dispute or impasse exists between an 28 employer whose territorial boundaries are coterminous with 29 those of a city having a population in excess of 500,000 and 30 the exclusive bargaining representative over a subject or 31 matter set forth in Section 4.5 of this Act, the parties 32 shall submit the dispute or impasse to the dispute resolution 33 procedure agreed to between the parties. The procedure shall 34 provide for mediation of disputes by a rotating mediation -38- LRB9201722NTpkam 1 panel and may, at the request of either party, include the 2 issuance of advisory findings of fact and recommendations. 3 (c) The costs of fact finding and mediation shall be 4 shared equally between the employer and the exclusive 5 bargaining agent, provided that, for purposes of mediation 6 under this Act, if either party requests the use of mediation 7 services from the Federal Mediation and Conciliation Service, 8 the other party shall either join in such request or bear the 9 additional cost of mediation services from another source. 10 (d) Nothing in this Act prevents an employer and an 11 exclusive bargaining representative from mutually submitting 12 to final and binding impartial arbitration unresolved issues 13 concerning the terms of a new collective bargaining 14 agreement. 15 (Source: P.A. 86-412.) 16 Section 99. Effective date. This Act takes effect upon 17 becoming law.".
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