Sen. Celina Villanueva

Filed: 4/26/2021

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 577

2    AMENDMENT NO. ______. Amend Senate Bill 577, AS AMENDED,
3by replacing everything after the enacting clause with the
4following:
 
5    "Section 5. The School Code is amended by changing Section
627A-6 as follows:
 
7    (105 ILCS 5/27A-6)
8    Sec. 27A-6. Contract contents; applicability of laws and
9regulations.
10    (a) A certified charter shall constitute a binding
11contract and agreement between the charter school and a local
12school board under the terms of which the local school board
13authorizes the governing body of the charter school to operate
14the charter school on the terms specified in the contract.
15    (b) Notwithstanding any other provision of this Article,
16the certified charter may not waive or release the charter

 

 

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1school from the State goals, standards, and assessments
2established pursuant to Section 2-3.64a-5 of this Code.
3Beginning with the 2003-2004 school year, the certified
4charter for a charter school operating in a city having a
5population exceeding 500,000 shall require the charter school
6to administer any other nationally recognized standardized
7tests to its students that the chartering entity administers
8to other students, and the results on such tests shall be
9included in the chartering entity's assessment reports.
10    (c) Subject to the provisions of subsection (e), a
11material revision to a previously certified contract or a
12renewal shall be made with the approval of both the local
13school board and the governing body of the charter school.
14    (c-5) The proposed contract shall include a provision on
15how both parties will address minor violations of the
16contract.
17    (d) The proposed contract between the governing body of a
18proposed charter school and the local school board as
19described in Section 27A-7 must be submitted to and certified
20by the State Board before it can take effect. If the State
21Board recommends that the proposed contract be modified for
22consistency with this Article before it can be certified, the
23modifications must be consented to by both the governing body
24of the charter school and the local school board, and
25resubmitted to the State Board for its certification. If the
26proposed contract is resubmitted in a form that is not

 

 

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1consistent with this Article, the State Board may refuse to
2certify the charter.
3    The State Board shall assign a number to each submission
4or resubmission in chronological order of receipt, and shall
5determine whether the proposed contract is consistent with the
6provisions of this Article. If the proposed contract complies,
7the State Board shall so certify.
8    (e) No renewal of a previously certified contract is
9effective unless and until the State Board certifies that the
10renewal is consistent with the provisions of this Article. A
11material revision to a previously certified contract may go
12into effect immediately upon approval of both the local school
13board and the governing body of the charter school, unless
14either party requests in writing that the State Board certify
15that the material revision is consistent with the provisions
16of this Article. If such a request is made, the proposed
17material revision is not effective unless and until the State
18Board so certifies.
19    (f) Charter schools that accept funding directly or
20indirectly from the State of Illinois after the effective date
21of this amendatory Act of the 102nd General Assembly and
22charter school subcontractors regularly performing work at
23charter school facilities, shall, as a condition of such
24funding, comply with this amendatory Act of the 102nd General
25Assembly and have in place, at all times, a labor peace
26agreement (referred to in this subsection (f) as "Labor Peace

 

 

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1Agreement") with any bona fide employee organization or labor
2organization in which employees participate and that exists
3for the purpose, in whole or in part, of dealing with charter
4schools or their subcontractors concerning grievances, labor
5disputes, wages, rates of pay, hours of employment, or
6conditions of work (referred to in this subsection (f) as
7"Labor Organization") and that requests a Labor Peace
8Agreement. No Labor Peace Agreement may be recognized under
9this subsection (f) if the charter school or its subcontractor
10directly or indirectly assists or encourages the formation or
11operation of the Labor Organization.
12    The Labor Peace Agreement shall include binding and
13enforceable provisions prohibiting the Labor Organization and
14its members from engaging in, supporting, encouraging, or
15assisting any work stoppages or other direct economic
16interference by the Labor Organization or by the covered
17employees for the duration of the Labor Peace Agreement. A
18Labor Peace Agreement for a charter school subcontractor shall
19be limited to the subcontractor's employees who regularly work
20at the charter school facility.
21    A Labor Organization seeking a Labor Peace Agreement shall
22notify the charter school in writing of its intention to enter
23into a Labor Peace Agreement with the charter school or its
24subcontractor, identifying the employee classifications of the
25charter school or its subcontractor to be covered under the
26Labor Peace Agreement. Administrative and managerial employees

 

 

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1are exempt from this subsection (f). Nothing in this
2subsection (f) may limit the rights of multiple Labor
3Organizations to seek Labor Peace Agreements covering separate
4and distinct classifications of employees who are not covered
5by a Labor Peace Agreement, including a collective bargaining
6agreement that complies with this amendatory Act of the 102nd
7General Assembly. The Labor Peace Agreement must be executed
8within 30 days after receipt of the Labor Organization's
9written notice of intention. Labor Peace Agreements shall be
10filed with the Department of Labor within 15 days after
11execution.
12    Upon receipt of a written request for a Labor Peace
13Agreement, charter schools shall at all times allow
14representatives of Labor Organizations to enter charter school
15campuses and offices, at any time employees in the designated
16classifications are present at those locations, to meet
17privately with employees in non-work spaces and at non-working
18times.
19(Source: P.A. 98-972, eff. 8-15-14; 98-1048, eff. 8-25-14;
2099-78, eff. 7-20-15.)
 
21    Section 99. Effective date. This Act takes effect upon
22becoming law.".