SB3362sam001 97TH GENERAL ASSEMBLY

Sen. Kimberly A. Lightford

Filed: 5/22/2012

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 3362

2    AMENDMENT NO. ______. Amend Senate Bill 3362 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The School Code is amended by changing Section
534-3.5 as follows:
 
6    (105 ILCS 5/34-3.5)
7    Sec. 34-3.5. Partnership agreement on advancing student
8achievement; No Child Left Behind Act of 2001.
9    (a) The General Assembly finds that the Chicago Teachers
10Union, the Chicago Board of Education, and the district's chief
11executive officer have a common responsibility beyond their
12statutory collective bargaining relationship to institute
13purposeful education reforms in the Chicago Public Schools that
14maximize the number of students in the Chicago Public Schools
15who reach or exceed proficiency with regard to State academic
16standards and assessments. The General Assembly further finds

 

 

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1that education reform in the Chicago Public Schools must be
2premised on a commitment by all stakeholders to redefine
3relationships, develop, implement, and evaluate programs, seek
4new and additional resources, improve the value of educational
5programs to students, accelerate the quality of teacher
6training, improve instructional excellence, and develop and
7implement strategies to comply with the federal No Child Left
8Behind Act of 2001 (Public Law 107-110).
9    The Chicago Board of Education and the district's chief
10executive officer shall enter into a partnership agreement with
11the Chicago Teachers Union to allow the parties to work
12together to advance the Chicago Public Schools to the next
13level of education reform. This agreement must be entered into
14and take effect within 90 days after the effective date of this
15amendatory Act of the 93rd General Assembly. As part of this
16agreement, the Chicago Teachers Union, the Chicago Board of
17Education, and the district's chief executive officer shall
18jointly file a report with the General Assembly at the end of
19each school year with respect to the nature of the reforms that
20the parties have instituted, the effect of these reforms on
21student achievement, and any other matters that the parties
22deem relevant to evaluating the effectiveness of the agreement.
23    (a-5) A pilot, grade 6 through 8, class-size-reduction
24grant program is created. This program shall be implemented and
25administered, subject to appropriation, by the Board. The
26program shall comply with the following requirements:

 

 

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1        (1) Schools, to be known as "pilot schools", are
2    eligible to participate in the program provided they
3    satisfy the following requirements:
4            (A) The school has students enrolled in grades 6
5        through 8.
6            (B) The school has been determined to be
7        underutilized according to Board's space-utilization
8        policy standards.
9            (C) The school has average class sizes in grades 6
10        through 8 in excess of 28 students for core-content
11        subjects during the 2011-2012 school year.
12        (2) A maximum of 18 schools shall participate in the
13    program.
14        (3) Subject to appropriation, the program shall begin
15    at the start of the 2012-2013 school year and shall
16    terminate at the end of the 2014-2015 school year.
17        (4) Pilot school teachers assigned to grades 6 through
18    8 for core-content subjects shall have a maximum of 22
19    students assigned to their classes during the term of the
20    program.
21        (5) The Chicago Teachers Union and the district's chief
22    executive officer or his or her designee shall negotiate a
23    method for selecting schools that will participate in the
24    program from schools eligible to participate in the program
25    pursuant to subdivision (1) of this subsection (a-5).
26        (6) The Chicago Teachers Union and the district's chief

 

 

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1    executive officer or his or her designee shall negotiate a
2    method for measuring student learning and achievement for
3    students in grades 6 through 8 at pilot schools.
4        (7) The parties shall report the aggregate student
5    learning and achievement measures for students in grades 6
6    through 8 at pilot schools to the General Assembly no later
7    than December 1, 2015.
8    The General Assembly recognizes that the program involves
9subjects of bargaining that are covered by Section 4.5 of the
10Illinois Educational Labor Relations Act. No provision in this
11subsection (a-5) is intended nor should it be interpreted to
12alter the parties' rights and obligations under Section 4.5 of
13the Illinois Educational Labor Relations Act. Notwithstanding
14these rights and obligations, the General Assembly has
15legislatively decided that a program be implemented and that
16the class size in pilot schools be 22 students in grades 6
17through 8 without prejudice to the Board's right to decide
18these matters unilaterally pursuant to Section 4.5 of the
19Illinois Educational Labor Relations Act. Consistent with
20Section 4.5 of the Illinois Educational Labor Relations Act,
21the parties are obligated to engage in impact bargaining over
22these legislative mandates, and any disputes or impasses
23arising out of these negotiations must be resolved as set forth
24exclusively in subsection (b) of Section 4.5 of the Illinois
25Educational Labor Relations Act and subsection (b) of Section
2612 of the Illinois Educational Labor Relations Act.

 

 

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1    (b) Decisions concerning matters of inherent managerial
2policy necessary to comply with the federal No Child Left
3Behind Act of 2001 (Public Law 107-110), including such areas
4of discretion or policy as the functions of the employer, the
5standards and delivery of educational services and programs,
6the district's overall budget, the district's organizational
7structure, student assignment, school choice, and the
8selection of new employees and direction of employees, and the
9impact of these decisions on individual employees or the
10bargaining unit shall be permissive subjects of bargaining
11between the educational employer and the exclusive bargaining
12representative and are within the sole discretion of the
13educational employer to decide to bargain. This subsection (b)
14is exclusive of the parties' obligations and responsibilities
15under Section 4.5 of the Illinois Educational Labor Relations
16Act (provided that any dispute or impasse that may arise under
17this subsection (b) shall be resolved exclusively as set forth
18in subsection (b) of Section 12 of the Illinois Educational
19Labor Relations Act in lieu of a strike under Section 13 of the
20Illinois Educational Labor Relations Act).
21(Source: P.A. 93-3, eff. 4-16-03.)
 
22    Section 99. Effective date. This Act takes effect upon
23becoming law.".