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90_HB0807eng 115 ILCS 5/4.5 Amends the Illinois Educational Labor Relations Act. Limits the applicability of provisions that establish prohibited subjects of collective bargaining to collective bargaining with the board of education of a public school district organized under an Article of the School Code that applies only to school districts whose boundaries are coterminous with cities having a population exceeding 500,000. Effective immediately. LRB9003770THpk HB0807 Engrossed LRB9003770THpk 1 AN ACT to amend the Illinois Educational Labor Relations 2 Act by changing Section 4.5. 3 Be it enacted by the People of the State of Illinois, 4 represented in the General Assembly: 5 Section 5. The Illinois Educational Labor Relations Act 6 is amended by changing Section 4.5 as follows: 7 (115 ILCS 5/4.5) 8 Sec. 4.5. Prohibited subjects of collective bargaining. 9 (a) Notwithstanding the existence of any other provision 10 in this Act or other law, collective bargaining between the 11 board of education of a public school district organized 12 under Article 34 of the School Code
an educational employer13 whose territorial boundaries are coterminous with those of a14 city having a population in excess of 500,000and an 15 exclusive representative of its employees shall not include 16 any of the following subjects: 17 (1) Decisions to grant or deny a charter school 18 proposal under Section 27A-8 of the Charter Schools Law, 19 to renew or revoke a charter under Section 27A-9 of the 20 Charter Schools Law, or to grant or deny a leave of 21 absence to an employee of a school district to become an 22 employee of a charter school, and the impact of these 23 decisions on individual employees or the bargaining unit. 24 (2) Decisions to contract with a third party for 25 one or more services otherwise performed by employees in 26 a bargaining unit, the procedures for obtaining such 27 contract or the identity of the third party, and the 28 impact of these decisions on individual employees or the 29 bargaining unit. 30 (3) Decisions to layoff or reduce in force 31 employees (including but not limited to reserve teachers HB0807 Engrossed -2- LRB9003770THpk 1 or teachers who are no longer on an administrative 2 payroll) due to lack of work or funds, including but not 3 limited to decline in student enrollment, change in 4 subject requirements within the attendance center 5 organization, closing of an attendance center, or 6 contracts with third parties for the performance of 7 services, and the impact of these decisions on individual 8 employees or the bargaining unit. 9 (4) Decisions to determine class size, class 10 staffing and assignment, class schedules, academic 11 calendar, hours and places of instruction, or pupil 12 assessment policies, and the impact of these decisions on 13 individual employees or the bargaining unit. 14 (5) Decisions concerning use and staffing of 15 experimental or pilot programs, decisions concerning use 16 of technology to deliver educational programs and 17 services and staffing to provide the technology, and the 18 impact of these decisions on individual employees or the 19 bargaining unit. 20 (b) The subject or matters described in subsection (a) 21 are prohibited subjects of bargaining between the board of 22 education of a public school district organized under Article 23 34 of the School Code an educational employerand an 24 exclusive representative of its employees and, for the 25 purpose of this Act, are within the sole authority of the 26 board of education of that school district educational27 employerto decide. 28 (c) This Section shall apply to collective bargaining 29 agreements that become effective after the effective date of 30 this amendatory Act of 1995 and shall render a provision 31 involving a prohibited subject in such agreement null and 32 void. 33 (Source: P.A. 89-15, eff. 5-30-95.) HB0807 Engrossed -3- LRB9003770THpk 1 Section 99. Effective date. This Act takes effect upon 2 becoming law.
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