Illinois General Assembly - Full Text of SB2941
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Full Text of SB2941  102nd General Assembly

SB2941 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
SB2941

 

Introduced 10/19/2021, by Sen. Celina Villanueva

 

SYNOPSIS AS INTRODUCED:
 
105 ILCS 5/27A-6

    Amends the Charter Schools Law of the School Code. Provides that charter schools that accept funding directly from the State or through a school district directed by the State to administer the funds after the effective date of the amendatory Act and charter school subcontractors regularly performing work at charter school facilities that receive State funding, shall, as a condition of such funding, comply with the amendatory Act and have in place, at all times, a labor peace agreement with any bona fide employee organization or labor organization in which employees participate and that exists for the purpose, in whole or in part, of dealing with charter schools or their subcontractors concerning grievances, labor disputes, wages, rates of pay, hours of employment, or conditions of work and that requests a labor peace agreement. Sets forth requirements and prohibitions concerning the labor peace agreement. Sets forth procedures concerning the execution of a labor peace agreement, including procedures for an impasse in negotiations, the appointment of a hearing officer from the Illinois Educational Labor Relations Board, and the submission of the dispute to final and binding impartial arbitration. Provides that upon receipt of a written request for a labor peace agreement, charter schools shall at all times allow representatives of employee organizations or labor organizations to enter charter school campuses and offices, at any time employees in a designated classification are present at those locations, to meet privately with employees in non-work spaces and at non-working times. Provides that the provisions of the amendatory Act are satisfied if a charter school (i) executes a national or local labor agreement pertaining to the performance of charter school employees and the subcontractor regularly performing work at the charter school facilities or (ii) is negotiating in good faith with the employee organization or labor organization over the terms of a successor labor agreement for a period not exceeding 90 days after expiration of the labor agreement. Effective June 1, 2022.


LRB102 21014 CMG 29935 b

 

 

A BILL FOR

 

SB2941LRB102 21014 CMG 29935 b

1    AN ACT concerning education.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The School Code is amended by changing Section
527A-6 as follows:
 
6    (105 ILCS 5/27A-6)
7    Sec. 27A-6. Contract contents; applicability of laws and
8regulations.
9    (a) A certified charter shall constitute a binding
10contract and agreement between the charter school and a local
11school board under the terms of which the local school board
12authorizes the governing body of the charter school to operate
13the charter school on the terms specified in the contract.
14    (b) Notwithstanding any other provision of this Article,
15the certified charter may not waive or release the charter
16school from the State goals, standards, and assessments
17established pursuant to Section 2-3.64a-5 of this Code.
18Beginning with the 2003-2004 school year, the certified
19charter for a charter school operating in a city having a
20population exceeding 500,000 shall require the charter school
21to administer any other nationally recognized standardized
22tests to its students that the chartering entity administers
23to other students, and the results on such tests shall be

 

 

SB2941- 2 -LRB102 21014 CMG 29935 b

1included in the chartering entity's assessment reports.
2    (c) Subject to the provisions of subsection (e), a
3material revision to a previously certified contract or a
4renewal shall be made with the approval of both the local
5school board and the governing body of the charter school.
6    (c-5) The proposed contract shall include a provision on
7how both parties will address minor violations of the
8contract.
9    (d) The proposed contract between the governing body of a
10proposed charter school and the local school board as
11described in Section 27A-7 must be submitted to and certified
12by the State Board before it can take effect. If the State
13Board recommends that the proposed contract be modified for
14consistency with this Article before it can be certified, the
15modifications must be consented to by both the governing body
16of the charter school and the local school board, and
17resubmitted to the State Board for its certification. If the
18proposed contract is resubmitted in a form that is not
19consistent with this Article, the State Board may refuse to
20certify the charter.
21    The State Board shall assign a number to each submission
22or resubmission in chronological order of receipt, and shall
23determine whether the proposed contract is consistent with the
24provisions of this Article. If the proposed contract complies,
25the State Board shall so certify.
26    (e) No renewal of a previously certified contract is

 

 

SB2941- 3 -LRB102 21014 CMG 29935 b

1effective unless and until the State Board certifies that the
2renewal is consistent with the provisions of this Article. A
3material revision to a previously certified contract may go
4into effect immediately upon approval of both the local school
5board and the governing body of the charter school, unless
6either party requests in writing that the State Board certify
7that the material revision is consistent with the provisions
8of this Article. If such a request is made, the proposed
9material revision is not effective unless and until the State
10Board so certifies.
11    (f) Charter schools that accept funding directly from the
12State or through a school district directed by the State to
13administer the funds after the effective date of this
14amendatory Act of the 102nd General Assembly and charter
15school subcontractors regularly performing work at charter
16school facilities that receive State funding, shall, as a
17condition of such funding, comply with this amendatory Act of
18the 102nd General Assembly and have in place, at all times, a
19labor peace agreement (referred to in this subsection as
20"Labor Peace Agreement") with any bona fide employee
21organization or labor organization in which employees
22participate and that exists for the purpose, in whole or in
23part, of dealing with charter schools or its subcontractors
24concerning grievances, labor disputes, wages, rates of pay,
25hours of employment, or conditions of work (referred to in
26this subsection as "Labor Organization") and that requests a

 

 

SB2941- 4 -LRB102 21014 CMG 29935 b

1Labor Peace Agreement. No Labor Peace Agreement may be
2recognized under this subsection if the charter school or its
3subcontractor directly or indirectly assists or encourages the
4formation or operation of the Labor Organization. For the
5purposes of this subsection (f), "subcontractors regularly
6performing work at charter school facilities" means entities
7contracted to provide services integral to the educational
8purpose or facility maintenance of the charter school no less
9frequently than once per month, and the Labor Peace Agreement
10shall be limited to such entity's employees actually
11performing work on charter school premises or directly in
12support thereof.
13    Under this subsection, all of the following requirements
14shall apply:
15        (1) The Labor Peace Agreement shall include binding
16    and enforceable provisions prohibiting the Labor
17    Organization and its members from engaging in, supporting,
18    encouraging, or assisting any work stoppages or other
19    direct economic interference by the Labor Organization or
20    by the covered employees for the duration of the Labor
21    Peace Agreement. The Labor Peace Agreement shall further
22    prohibit the charter school, the Labor Organization, and
23    their respective agents from harassing, threatening,
24    intimidating, or coercing employees in any way concerning
25    their rights to organize or not organize, to sign a
26    representation authorization card, or other engagement or

 

 

SB2941- 5 -LRB102 21014 CMG 29935 b

1    non-engagement in any type of protected activity.
2        (2) A Labor Organization seeking a Labor Peace
3    Agreement shall notify the charter school in writing of
4    its intention to enter into a Labor Peace Agreement with
5    the charter school or its subcontractor, identifying the
6    employee classifications of the charter school or its
7    subcontractor to be covered under the Labor Peace
8    Agreement. Administrative and managerial employees are
9    exempt from this subsection. Nothing in this subsection
10    may limit the rights of multiple Labor Organizations to
11    seek Labor Peace Agreements covering separate and distinct
12    classifications of employees who are not covered by a
13    Labor Peace Agreement, including a collective bargaining
14    agreement that complies with this amendatory Act of the
15    102nd General Assembly.
16        (3) The Labor Peace Agreement must be executed within
17    60 days after receipt of the Labor Organization's written
18    notice of intention. If the Labor Peace Agreement is not
19    executed within the 60 days, a notice of the impasse shall
20    be provided to the State Board of Education and the
21    Illinois Educational Labor Relations Board. Thereafter, a
22    hearing officer appointed or employed by the Illinois
23    Educational Labor Relations Board shall review the term or
24    terms of the Labor Peace Agreement that are the subject of
25    the impasse and shall make and submit advisory,
26    non-binding recommendations for the reconciliation of the

 

 

SB2941- 6 -LRB102 21014 CMG 29935 b

1    dispute to the parties. The advisory, non-binding
2    recommendations made in relation to the dispute and
3    submitted by the hearing officer may not be construed to
4    be a final or appealable order rendered by the Illinois
5    Educational Labor Relations Board. The Illinois
6    Educational Labor Relations Board may not acquire
7    jurisdiction over the Labor Peace Agreement under this
8    subsection. The Illinois Educational Labor Relations Board
9    may charge reasonable administrative fees in association
10    with this paragraph (3). If the parties cannot reach an
11    agreement within 15 days after receipt of the
12    recommendations from the hearing officer, the charter
13    school and the Labor Organization may mutually agree to
14    submit the dispute to final and binding impartial
15    arbitration.
16        (4) Upon receipt of a written request for a Labor
17    Peace Agreement, charter schools shall at all times allow
18    representatives of Labor Organizations to enter charter
19    school campuses and offices, at any time employees in the
20    designated classifications are present at those locations,
21    to meet privately with employees in non-work spaces and at
22    non-working times.
23    The requirements of this subsection are satisfied if the
24charter school (i) executes a national or local labor
25agreement pertaining to the performance of the charter school
26employees and the subcontractors regularly performing work at

 

 

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1the charter school facilities or (ii) is negotiating in good
2faith with the Labor Organization over the terms of a
3successor labor agreement for a period not exceeding 90 days
4after expiration of the labor agreement.
5(Source: P.A. 98-972, eff. 8-15-14; 98-1048, eff. 8-25-14;
699-78, eff. 7-20-15.)
 
7    Section 99. Effective date. This Act takes effect June 1,
82022.