SB0577sam002 102ND GENERAL ASSEMBLY

Sen. Celina Villanueva

Filed: 4/26/2021

10200SB0577sam002 LRB102 16485 CMG 25804 a

AMENDMENT TO SENATE BILL 577

AMENDMENT NO. ______. Amend Senate Bill 577, AS AMENDED, by replacing everything after the enacting clause with the following:

"Section 5. The School Code is amended by changing Section 27A-6 as follows:

(105 ILCS 5/27A-6)

Sec. 27A-6. Contract contents; applicability of laws and regulations.

(a) A certified charter shall constitute a binding contract and agreement between the charter school and a local school board under the terms of which the local school board authorizes the governing body of the charter school to operate the charter school on the terms specified in the contract.

(b) Notwithstanding any other provision of this Article, the certified charter may not waive or release the charter school from the State goals, standards, and assessments established pursuant to Section 2-3.64a-5 of this Code. Beginning with the 2003-2004 school year, the certified charter for a charter school operating in a city having a population exceeding 500,000 shall require the charter school to administer any other nationally recognized standardized tests to its students that the chartering entity administers to other students, and the results on such tests shall be included in the chartering entity's assessment reports.

(c) Subject to the provisions of subsection (e), a material revision to a previously certified contract or a renewal shall be made with the approval of both the local school board and the governing body of the charter school.

(c-5) The proposed contract shall include a provision on how both parties will address minor violations of the contract.

(d) The proposed contract between the governing body of a proposed charter school and the local school board as described in Section 27A-7 must be submitted to and certified by the State Board before it can take effect. If the State Board recommends that the proposed contract be modified for consistency with this Article before it can be certified, the modifications must be consented to by both the governing body of the charter school and the local school board, and resubmitted to the State Board for its certification. If the proposed contract is resubmitted in a form that is not consistent with this Article, the State Board may refuse to certify the charter.

The State Board shall assign a number to each submission or resubmission in chronological order of receipt, and shall determine whether the proposed contract is consistent with the provisions of this Article. If the proposed contract complies, the State Board shall so certify.

(e) No renewal of a previously certified contract is effective unless and until the State Board certifies that the renewal is consistent with the provisions of this Article. A material revision to a previously certified contract may go into effect immediately upon approval of both the local school board and the governing body of the charter school, unless either party requests in writing that the State Board certify that the material revision is consistent with the provisions of this Article. If such a request is made, the proposed material revision is not effective unless and until the State Board so certifies.

(f) Charter schools that accept funding directly or indirectly from the State of Illinois after the effective date of this amendatory Act of the 102nd General Assembly and charter school subcontractors regularly performing work at charter school facilities, shall, as a condition of such funding, comply with this amendatory Act of the 102nd General Assembly and have in place, at all times, a labor peace agreement (referred to in this subsection (f) as "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 (referred to in this subsection (f) as "Labor Organization") and that requests a Labor Peace Agreement. No Labor Peace Agreement may be recognized under this subsection (f) if the charter school or its subcontractor directly or indirectly assists or encourages the formation or operation of the Labor Organization.

The Labor Peace Agreement shall include binding and enforceable provisions prohibiting the Labor Organization and its members from engaging in, supporting, encouraging, or assisting any work stoppages or other direct economic interference by the Labor Organization or by the covered employees for the duration of the Labor Peace Agreement. A Labor Peace Agreement for a charter school subcontractor shall be limited to the subcontractor's employees who regularly work at the charter school facility.

A Labor Organization seeking a Labor Peace Agreement shall notify the charter school in writing of its intention to enter into a Labor Peace Agreement with the charter school or its subcontractor, identifying the employee classifications of the charter school or its subcontractor to be covered under the Labor Peace Agreement. Administrative and managerial employees are exempt from this subsection (f). Nothing in this subsection (f) may limit the rights of multiple Labor Organizations to seek Labor Peace Agreements covering separate and distinct classifications of employees who are not covered by a Labor Peace Agreement, including a collective bargaining agreement that complies with this amendatory Act of the 102nd General Assembly. The Labor Peace Agreement must be executed within 30 days after receipt of the Labor Organization's written notice of intention. Labor Peace Agreements shall be filed with the Department of Labor within 15 days after execution.

Upon receipt of a written request for a Labor Peace Agreement, charter schools shall at all times allow representatives of Labor Organizations to enter charter school campuses and offices, at any time employees in the designated classifications are present at those locations, to meet privately with employees in non-work spaces and at non-working times.

(Source: P.A. 98-972, eff. 8-15-14; 98-1048, eff. 8-25-14; 99-78, eff. 7-20-15.)

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