SB3362sam001 97TH GENERAL ASSEMBLY

Sen. Kimberly A. Lightford

Filed: 5/22/2012

09700SB3362sam001 LRB097 17717 NHT 69660 a

AMENDMENT TO SENATE BILL 3362

AMENDMENT NO. ______. Amend Senate Bill 3362 by replacing everything after the enacting clause with the following:

"Section 5. The School Code is amended by changing Section 34-3.5 as follows:

(105 ILCS 5/34-3.5)

Sec. 34-3.5. Partnership agreement on advancing student achievement; No Child Left Behind Act of 2001.

(a) The General Assembly finds that the Chicago Teachers Union, the Chicago Board of Education, and the district's chief executive officer have a common responsibility beyond their statutory collective bargaining relationship to institute purposeful education reforms in the Chicago Public Schools that maximize the number of students in the Chicago Public Schools who reach or exceed proficiency with regard to State academic standards and assessments. The General Assembly further finds that education reform in the Chicago Public Schools must be premised on a commitment by all stakeholders to redefine relationships, develop, implement, and evaluate programs, seek new and additional resources, improve the value of educational programs to students, accelerate the quality of teacher training, improve instructional excellence, and develop and implement strategies to comply with the federal No Child Left Behind Act of 2001 (Public Law 107-110).

The Chicago Board of Education and the district's chief executive officer shall enter into a partnership agreement with the Chicago Teachers Union to allow the parties to work together to advance the Chicago Public Schools to the next level of education reform. This agreement must be entered into and take effect within 90 days after the effective date of this amendatory Act of the 93rd General Assembly. As part of this agreement, the Chicago Teachers Union, the Chicago Board of Education, and the district's chief executive officer shall jointly file a report with the General Assembly at the end of each school year with respect to the nature of the reforms that the parties have instituted, the effect of these reforms on student achievement, and any other matters that the parties deem relevant to evaluating the effectiveness of the agreement.

(a-5) A pilot, grade 6 through 8, class-size-reduction grant program is created. This program shall be implemented and administered, subject to appropriation, by the Board. The program shall comply with the following requirements:

(1) Schools, to be known as "pilot schools", are eligible to participate in the program provided they satisfy the following requirements:

(A) The school has students enrolled in grades 6 through 8.

(B) The school has been determined to be underutilized according to Board's space-utilization policy standards.

(C) The school has average class sizes in grades 6 through 8 in excess of 28 students for core-content subjects during the 2011-2012 school year.

(2) A maximum of 18 schools shall participate in the program.

(3) Subject to appropriation, the program shall begin at the start of the 2012-2013 school year and shall terminate at the end of the 2014-2015 school year.

(4) Pilot school teachers assigned to grades 6 through 8 for core-content subjects shall have a maximum of 22 students assigned to their classes during the term of the program.

(5) The Chicago Teachers Union and the district's chief executive officer or his or her designee shall negotiate a method for selecting schools that will participate in the program from schools eligible to participate in the program pursuant to subdivision (1) of this subsection (a-5).

(6) The Chicago Teachers Union and the district's chief executive officer or his or her designee shall negotiate a method for measuring student learning and achievement for students in grades 6 through 8 at pilot schools.

(7) The parties shall report the aggregate student learning and achievement measures for students in grades 6 through 8 at pilot schools to the General Assembly no later than December 1, 2015.

The General Assembly recognizes that the program involves subjects of bargaining that are covered by Section 4.5 of the Illinois Educational Labor Relations Act. No provision in this subsection (a-5) is intended nor should it be interpreted to alter the parties' rights and obligations under Section 4.5 of the Illinois Educational Labor Relations Act. Notwithstanding these rights and obligations, the General Assembly has legislatively decided that a program be implemented and that the class size in pilot schools be 22 students in grades 6 through 8 without prejudice to the Board's right to decide these matters unilaterally pursuant to Section 4.5 of the Illinois Educational Labor Relations Act. Consistent with Section 4.5 of the Illinois Educational Labor Relations Act, the parties are obligated to engage in impact bargaining over these legislative mandates, and any disputes or impasses arising out of these negotiations must be resolved as set forth exclusively in subsection (b) of Section 4.5 of the Illinois Educational Labor Relations Act and subsection (b) of Section 12 of the Illinois Educational Labor Relations Act.

(b) Decisions concerning matters of inherent managerial policy necessary to comply with the federal No Child Left Behind Act of 2001 (Public Law 107-110), including such areas of discretion or policy as the functions of the employer, the standards and delivery of educational services and programs, the district's overall budget, the district's organizational structure, student assignment, school choice, and the selection of new employees and direction of employees, and the impact of these decisions on individual employees or the bargaining unit shall be permissive subjects of bargaining between the educational employer and the exclusive bargaining representative and are within the sole discretion of the educational employer to decide to bargain. This subsection (b) is exclusive of the parties' obligations and responsibilities under Section 4.5 of the Illinois Educational Labor Relations Act (provided that any dispute or impasse that may arise under this subsection (b) shall be resolved exclusively as set forth in subsection (b) of Section 12 of the Illinois Educational Labor Relations Act in lieu of a strike under Section 13 of the Illinois Educational Labor Relations Act).

(Source: P.A. 93-3, eff. 4-16-03.)

Section 99. Effective date. This Act takes effect upon becoming law.".