Bill Text: IL HB1253 | 2017-2018 | 100th General Assembly | Engrossed
Bill Title: Amends the School Code. Makes a technical change in a Section concerning the members of the State Board of Education.
Spectrum: Partisan Bill (Democrat 32-0)
Status: (Failed) 2019-01-08 - Session Sine Die [HB1253 Detail]
Download: Illinois-2017-HB1253-Engrossed.html
| |||||||
| |||||||
| |||||||
1 | AN ACT concerning education.
| ||||||
2 | Be it enacted by the People of the State of Illinois, | ||||||
3 | represented in the General Assembly:
| ||||||
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 | ||||||
17 | that education reform in the Chicago Public Schools must be
| ||||||
18 | premised on a commitment by all stakeholders to redefine | ||||||
19 | relationships,
develop, implement, and evaluate programs, seek | ||||||
20 | new and additional
resources, improve the value of educational | ||||||
21 | programs to students,
accelerate the quality of teacher | ||||||
22 | training, improve instructional
excellence, and develop and | ||||||
23 | implement strategies to comply with the
federal No Child Left |
| |||||||
| |||||||
1 | Behind Act of 2001 (Public Law 107-110).
| ||||||
2 | The Chicago Board of Education and the district's chief | ||||||
3 | executive
officer shall enter into a partnership agreement with | ||||||
4 | the Chicago
Teachers Union to allow the parties to work | ||||||
5 | together to advance the
Chicago Public Schools to the next | ||||||
6 | level of education reform. This
agreement must be entered into | ||||||
7 | and take effect within 90 days after the
effective date of this | ||||||
8 | amendatory Act of the 93rd General Assembly. As
part of this | ||||||
9 | agreement, the Chicago Teachers Union, the Chicago Board
of | ||||||
10 | Education, and the district's chief executive officer shall | ||||||
11 | jointly file a
report with the General Assembly at the end of | ||||||
12 | each school year with
respect to the nature of the reforms that | ||||||
13 | the parties have instituted, the
effect
of these reforms on | ||||||
14 | student achievement, and any other matters that the
parties | ||||||
15 | deem relevant to evaluating the effectiveness of the agreement.
| ||||||
16 | (b) Decisions concerning matters of inherent managerial | ||||||
17 | policy
necessary to comply with the federal No Child Left | ||||||
18 | Behind Act of 2001
(Public Law 107-110), including such areas | ||||||
19 | of discretion or policy as the
functions of the employer, the | ||||||
20 | standards and delivery of educational
services and programs, | ||||||
21 | the district's overall budget, the district's
organizational | ||||||
22 | structure, student assignment, school choice, and the
| ||||||
23 | selection of new employees and direction of employees, and the | ||||||
24 | impact of
these decisions on individual employees or the | ||||||
25 | bargaining unit shall be
permissive subjects of bargaining | ||||||
26 | between the educational employer and
the exclusive bargaining |
| |||||||
| |||||||
1 | representative and are within the sole discretion
of the | ||||||
2 | educational employer to decide to bargain.
This subsection (b) | ||||||
3 | is
exclusive of the parties' obligations and responsibilities | ||||||
4 | under Section
4.5 of the Illinois Educational Labor Relations | ||||||
5 | Act
(provided that any dispute or impasse that
may arise
under | ||||||
6 | this subsection (b) shall be
resolved exclusively as set forth | ||||||
7 | in subsection (b) of Section 12 of the
Illinois
Educational | ||||||
8 | Labor Relations Act in lieu of a strike under Section 13 of
the | ||||||
9 | Illinois Educational Labor Relations Act).
| ||||||
10 | (Source: P.A. 93-3, eff. 4-16-03.)
| ||||||
11 | Section 10. The Illinois Educational Labor Relations Act is | ||||||
12 | amended by changing Section 12 as follows:
| ||||||
13 | (115 ILCS 5/12) (from Ch. 48, par. 1712)
| ||||||
14 | Sec. 12. Impasse procedures.
| ||||||
15 | (a) This subsection (a) applies only to collective | ||||||
16 | bargaining between an educational employer that is not a public | ||||||
17 | school district organized under Article 34 of the School Code | ||||||
18 | and an exclusive representative of its employees. If the | ||||||
19 | parties engaged in collective
bargaining have not reached an | ||||||
20 | agreement by 90 days before the scheduled
start of the | ||||||
21 | forthcoming school year, the parties shall notify the Illinois
| ||||||
22 | Educational Labor Relations Board concerning the status of | ||||||
23 | negotiations. This notice shall include a statement on whether | ||||||
24 | mediation has been used.
|
| |||||||
| |||||||
1 | Upon demand of either party, collective bargaining between | ||||||
2 | the employer
and an exclusive bargaining representative must | ||||||
3 | begin within 60 days of
the date of certification of the | ||||||
4 | representative by the Board, or in the case
of an existing | ||||||
5 | exclusive bargaining representative, within 60 days of the
| ||||||
6 | receipt by a party of a demand to bargain issued by the other | ||||||
7 | party. Once
commenced, collective bargaining must continue for | ||||||
8 | at least a 60 day
period, unless a contract is entered into.
| ||||||
9 | Except as otherwise provided in subsection (b) of this | ||||||
10 | Section, if after
a reasonable period of negotiation and within | ||||||
11 | 90 days of the
scheduled start of the forth-coming school year, | ||||||
12 | the parties engaged in
collective bargaining have reached an | ||||||
13 | impasse, either party may petition
the Board to initiate | ||||||
14 | mediation. Alternatively, the Board on its own
motion may | ||||||
15 | initiate mediation during this period. However, mediation | ||||||
16 | shall
be initiated by the Board at any time when jointly | ||||||
17 | requested by the parties
and the services of the mediators | ||||||
18 | shall continuously be made available to
the employer and to the | ||||||
19 | exclusive bargaining representative for purposes of
| ||||||
20 | arbitration of grievances and mediation or arbitration of | ||||||
21 | contract
disputes. If requested by the parties, the mediator | ||||||
22 | may perform
fact-finding and in so doing conduct hearings and | ||||||
23 | make written findings and
recommendations for resolution of the | ||||||
24 | dispute. Such mediation shall be
provided by the Board and | ||||||
25 | shall be held before qualified impartial
individuals. Nothing | ||||||
26 | prohibits the use of other individuals or
organizations such as |
| |||||||
| |||||||
1 | the Federal Mediation and Conciliation Service or the
American | ||||||
2 | Arbitration Association selected by both the exclusive | ||||||
3 | bargaining
representative and the employer.
| ||||||
4 | If the parties engaged in collective bargaining fail to | ||||||
5 | reach an agreement
within 45 days of the scheduled start of the | ||||||
6 | forthcoming school year and
have not requested mediation, the | ||||||
7 | Illinois Educational Labor Relations Board
shall invoke | ||||||
8 | mediation.
| ||||||
9 | Whenever mediation is initiated or invoked under this | ||||||
10 | subsection (a), the
parties may stipulate to defer selection of | ||||||
11 | a mediator in accordance with
rules adopted by the Board.
| ||||||
12 | (a-5) This subsection (a-5) applies only to collective | ||||||
13 | bargaining between a public school district or a combination of | ||||||
14 | public school districts, including, but not limited to, joint | ||||||
15 | cooperatives, that is not organized under Article 34 of the | ||||||
16 | School Code and an exclusive representative of its employees. | ||||||
17 | (1) Any time 15 days after mediation has commenced, | ||||||
18 | either party may initiate the public posting process. The | ||||||
19 | mediator may initiate the public posting process at any | ||||||
20 | time 15 days after mediation has commenced during the | ||||||
21 | mediation process. Initiation of the public posting | ||||||
22 | process must be filed in writing with the Board, and copies | ||||||
23 | must be submitted to the parties on the same day the | ||||||
24 | initiation is filed with the Board. | ||||||
25 | (2) Within 7 days after the initiation of the public | ||||||
26 | posting process, each party shall submit to the mediator, |
| |||||||
| |||||||
1 | the Board, and the other party in writing the most recent | ||||||
2 | offer of the party, including a cost summary of the offer. | ||||||
3 | Seven days after receipt of the parties' offers, the Board | ||||||
4 | shall make public the offers and each party's cost summary | ||||||
5 | dealing with those issues on which the parties have failed | ||||||
6 | to reach agreement by immediately posting the offers on its | ||||||
7 | Internet website, unless otherwise notified by the | ||||||
8 | mediator or jointly by the parties that agreement has been | ||||||
9 | reached. On the same day of publication by the Board, at a | ||||||
10 | minimum, the school district shall distribute notice of the | ||||||
11 | availability of the offers on the Board's Internet website | ||||||
12 | to all news media that have filed an annual request for | ||||||
13 | notices from the school district pursuant to Section 2.02 | ||||||
14 | of the Open Meetings Act. The parties' offers shall remain | ||||||
15 | on the Board's Internet website until the parties have | ||||||
16 | reached and ratified an agreement. | ||||||
17 | (a-10) This subsection (a-10) applies only to collective | ||||||
18 | bargaining between a public school district organized under | ||||||
19 | Article 34 of the School Code and an exclusive representative | ||||||
20 | of its employees. | ||||||
21 | (1) For collective bargaining agreements between an | ||||||
22 | educational employer to which this subsection (a-10) | ||||||
23 | applies and an exclusive representative of its employees, | ||||||
24 | if the parties fail to reach an agreement after a | ||||||
25 | reasonable period of mediation, the dispute shall be | ||||||
26 | submitted to fact-finding in accordance with this |
| |||||||
| |||||||
1 | subsection (a-10). Either the educational employer or the | ||||||
2 | exclusive representative may initiate fact-finding by | ||||||
3 | submitting a written demand to the other party with a copy | ||||||
4 | of the demand submitted simultaneously to the Board. | ||||||
5 | (2) Within 3 days following a party's demand for | ||||||
6 | fact-finding, each party shall appoint one member of the | ||||||
7 | fact-finding panel, unless the parties agree to proceed | ||||||
8 | without a tri-partite panel. Following these appointments, | ||||||
9 | if any, the parties shall select a qualified impartial | ||||||
10 | individual to serve as the fact-finder and chairperson of | ||||||
11 | the fact-finding panel, if applicable. An individual shall | ||||||
12 | be considered qualified to serve as the fact-finder and | ||||||
13 | chairperson of the fact-finding panel, if applicable, if he | ||||||
14 | or she was not the same individual who was appointed as the | ||||||
15 | mediator and if he or she satisfies the following | ||||||
16 | requirements: membership in good standing with the | ||||||
17 | National Academy of Arbitrators, Federal Mediation and | ||||||
18 | Conciliation Service, or American Arbitration Association | ||||||
19 | for a minimum of 10 years; membership on the mediation | ||||||
20 | roster for the Illinois Labor Relations Board or Illinois | ||||||
21 | Educational Labor Relations Board; issuance of at least 5 | ||||||
22 | interest arbitration awards arising under the Illinois | ||||||
23 | Public Labor Relations Act; and participation in impasse | ||||||
24 | resolution processes arising under private or public | ||||||
25 | sector collective bargaining statutes in other states. If | ||||||
26 | the parties are unable to agree on a fact-finder, the |
| |||||||
| |||||||
1 | parties shall request a panel of fact-finders who satisfy | ||||||
2 | the requirements set forth in this paragraph (2) from | ||||||
3 | either the Federal Mediation and Conciliation Service or | ||||||
4 | the American Arbitration Association and shall select a | ||||||
5 | fact-finder from such panel in accordance with the | ||||||
6 | procedures established by the organization providing the | ||||||
7 | panel. | ||||||
8 | (3) The fact-finder shall have the following duties and | ||||||
9 | powers: | ||||||
10 | (A) to require the parties to submit a statement of | ||||||
11 | disputed issues and their positions regarding each | ||||||
12 | issue either jointly or separately; | ||||||
13 | (B) to identify disputed issues that are economic | ||||||
14 | in nature; | ||||||
15 | (C) to meet with the parties either separately or | ||||||
16 | in executive sessions; | ||||||
17 | (D) to conduct hearings and regulate the time, | ||||||
18 | place, course, and manner of the hearings; | ||||||
19 | (E) to request the Board to issue subpoenas | ||||||
20 | requiring the attendance and testimony of witnesses or | ||||||
21 | the production of evidence; | ||||||
22 | (F) to administer oaths and affirmations; | ||||||
23 | (G) to examine witnesses and documents; | ||||||
24 | (H) to create a full and complete written record of | ||||||
25 | the hearings; | ||||||
26 | (I) to attempt mediation or remand a disputed issue |
| |||||||
| |||||||
1 | to the parties for further collective bargaining; | ||||||
2 | (J) to require the parties to submit final offers | ||||||
3 | for each disputed issue either individually or as a | ||||||
4 | package or as a combination of both; and | ||||||
5 | (K) to employ any other measures deemed | ||||||
6 | appropriate to resolve the impasse. | ||||||
7 | (4) If the dispute is not settled within 75 days after | ||||||
8 | the appointment of the fact-finding panel, the | ||||||
9 | fact-finding panel shall issue a private report to the | ||||||
10 | parties that contains advisory findings of fact and | ||||||
11 | recommended terms of settlement for all disputed issues and | ||||||
12 | that sets forth a rationale for each recommendation. The | ||||||
13 | fact-finding panel, acting by a majority of its members, | ||||||
14 | shall base its findings and recommendations upon the | ||||||
15 | following criteria as applicable: | ||||||
16 | (A) the lawful authority of the employer; | ||||||
17 | (B) the federal and State statutes or local | ||||||
18 | ordinances and resolutions applicable to the employer; | ||||||
19 | (C) prior collective bargaining agreements and the | ||||||
20 | bargaining history between the parties; | ||||||
21 | (D) stipulations of the parties; | ||||||
22 | (E) the interests and welfare of the public and the | ||||||
23 | students and families served by the employer; | ||||||
24 | (F) the employer's financial ability to fund the | ||||||
25 | proposals based on existing available resources, | ||||||
26 | provided that such ability is not predicated on an |
| |||||||
| |||||||
1 | assumption that lines of credit or reserve funds are | ||||||
2 | available or that the employer may or will receive or | ||||||
3 | develop new sources of revenue or increase existing | ||||||
4 | sources of revenue; | ||||||
5 | (G) the impact of any economic adjustments on the | ||||||
6 | employer's ability to pursue its educational mission; | ||||||
7 | (H) the present and future general economic | ||||||
8 | conditions in the locality and State; | ||||||
9 | (I) a comparison of the wages, hours, and | ||||||
10 | conditions of employment of the employees involved in | ||||||
11 | the dispute with the wages, hours, and conditions of | ||||||
12 | employment of employees performing similar services in | ||||||
13 | public education in the 10 largest U.S. cities; | ||||||
14 | (J) the average consumer prices in urban areas for | ||||||
15 | goods and services, which is commonly known as the cost | ||||||
16 | of living; | ||||||
17 | (K) the overall compensation presently received by | ||||||
18 | the employees involved in the dispute, including | ||||||
19 | direct wage compensation; vacations, holidays, and | ||||||
20 | other excused time; insurance and pensions; medical | ||||||
21 | and hospitalization benefits; the continuity and | ||||||
22 | stability of employment and all other benefits | ||||||
23 | received; and how each party's proposed compensation | ||||||
24 | structure supports the educational goals of the | ||||||
25 | district; | ||||||
26 | (L) changes in any of the circumstances listed in |
| |||||||
| |||||||
1 | items (A) through (K) of this paragraph (4) during the | ||||||
2 | fact-finding proceedings; | ||||||
3 | (M) the effect that any term the parties are at | ||||||
4 | impasse on has or may have on the overall educational | ||||||
5 | environment, learning conditions, and working | ||||||
6 | conditions with the school district; and | ||||||
7 | (N) the effect that any term the parties are at | ||||||
8 | impasse on has or may have in promoting the public | ||||||
9 | policy of this State. | ||||||
10 | (5) The fact-finding panel's recommended terms of | ||||||
11 | settlement shall be deemed agreed upon by the parties as | ||||||
12 | the final resolution of the disputed issues and | ||||||
13 | incorporated into the collective bargaining agreement | ||||||
14 | executed by the parties, unless either party tenders to the | ||||||
15 | other party and the chairperson of the fact-finding panel a | ||||||
16 | notice of rejection of the recommended terms of settlement | ||||||
17 | with a rationale for the rejection, within 15 days after | ||||||
18 | the date of issuance of the fact-finding panel's report. If | ||||||
19 | either party submits a notice of rejection, the chairperson | ||||||
20 | of the fact-finding panel shall publish the fact-finding | ||||||
21 | panel's report and the notice of rejection for public | ||||||
22 | information by delivering a copy to all newspapers of | ||||||
23 | general circulation in the community with simultaneous | ||||||
24 | written notice to the parties. | ||||||
25 | (b) (Blank). If, after a period of bargaining of at least | ||||||
26 | 60 days, a
dispute or impasse exists between an educational |
| |||||||
| |||||||
1 | employer whose territorial
boundaries are coterminous with | ||||||
2 | those of a city having a population in
excess of 500,000 and | ||||||
3 | the exclusive bargaining representative over
a subject or | ||||||
4 | matter set forth in Section 4.5 of this Act, the parties shall
| ||||||
5 | submit the dispute or impasse to the dispute resolution | ||||||
6 | procedure
agreed to between the parties. The procedure shall | ||||||
7 | provide for mediation
of disputes by a rotating mediation panel | ||||||
8 | and may, at the request of
either party, include the issuance | ||||||
9 | of advisory findings of fact and
recommendations.
| ||||||
10 | (c) The costs of fact finding and mediation shall be shared | ||||||
11 | equally
between
the employer and the exclusive bargaining | ||||||
12 | agent, provided that, for
purposes of mediation under this Act, | ||||||
13 | if either party requests the use of
mediation services from the | ||||||
14 | Federal Mediation and Conciliation Service, the
other party | ||||||
15 | shall either join in such request or bear the additional cost
| ||||||
16 | of mediation services from another source. All other costs and | ||||||
17 | expenses of complying with this Section must be borne by the | ||||||
18 | party incurring them.
| ||||||
19 | (c-5) If an educational employer or exclusive bargaining | ||||||
20 | representative refuses to participate in mediation or fact | ||||||
21 | finding when required by this Section, the refusal shall be | ||||||
22 | deemed a refusal to bargain in good faith. | ||||||
23 | (d) Nothing in this Act prevents an employer and an | ||||||
24 | exclusive bargaining
representative from mutually submitting | ||||||
25 | to final and binding impartial
arbitration unresolved issues | ||||||
26 | concerning the terms of a new collective
bargaining agreement.
|
| |||||||
| |||||||
1 | (Source: P.A. 97-7, eff. 6-13-11; 97-8, eff. 6-13-11; 98-513, | ||||||
2 | eff. 1-1-14.)
| ||||||
3 | (115 ILCS 5/4.5 rep.)
| ||||||
4 | Section 15. The Illinois Educational Labor Relations Act is | ||||||
5 | amended by repealing Section 4.5.
| ||||||
6 | Section 99. Effective date. This Act takes effect upon | ||||||
7 | becoming law.
|