State of Illinois
90th General Assembly
Legislation

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90_HB0807

      115 ILCS 5/4.5
          Amends the  Illinois  Educational  Labor  Relations  Act.
      Limits   the   applicability  of  provisions  that  establish
      prohibited subjects of collective  bargaining  to  collective
      bargaining  with  the  board  of education of a public school
      district organized under an Article of the School  Code  that
      applies   only  to  school  districts  whose  boundaries  are
      coterminous  with  cities  having  a   population   exceeding
      500,000.  Effective immediately.
                                                     LRB9003770THpk
                                               LRB9003770THpk
 1        AN  ACT to amend the Illinois Educational Labor Relations
 2    Act by changing Section 4.5.
 3        Be it enacted by the People of  the  State  of  Illinois,
 4    represented in the General Assembly:
 5        Section  5.  The Illinois Educational Labor Relations Act
 6    is amended by changing Section 4.5 as follows:
 7        (115 ILCS 5/4.5)
 8        Sec. 4.5.  Prohibited subjects of collective bargaining.
 9        (a)  Notwithstanding the existence of any other provision
10    in this Act or other law, collective bargaining  between  the
11    board  of  education  of  a  public school district organized
12    under Article 34 of the School Code an  educational  employer
13    whose  territorial boundaries are coterminous with those of a
14    city  having  a  population  in  excess  of  500,000  and  an
15    exclusive representative of its employees shall  not  include
16    any of the following subjects:
17             (1)  Decisions  to  grant  or  deny a charter school
18        proposal under Section 27A-8 of the Charter Schools  Law,
19        to  renew  or revoke a charter under Section 27A-9 of the
20        Charter Schools Law, or to  grant  or  deny  a  leave  of
21        absence  to an employee of a school district to become an
22        employee of a charter school, and  the  impact  of  these
23        decisions on individual employees or the bargaining unit.
24             (2)  Decisions  to  contract  with a third party for
25        one or more services otherwise performed by employees  in
26        a  bargaining  unit,  the  procedures  for obtaining such
27        contract or the identity of  the  third  party,  and  the
28        impact  of these decisions on individual employees or the
29        bargaining unit.
30             (3)  Decisions  to  layoff  or   reduce   in   force
31        employees  (including but not limited to reserve teachers
                            -2-                LRB9003770THpk
 1        or teachers  who  are  no  longer  on  an  administrative
 2        payroll)  due to lack of work or funds, including but not
 3        limited to  decline  in  student  enrollment,  change  in
 4        subject   requirements   within   the  attendance  center
 5        organization,  closing  of  an  attendance   center,   or
 6        contracts  with  third  parties  for  the  performance of
 7        services, and the impact of these decisions on individual
 8        employees or the bargaining unit.
 9             (4)  Decisions  to  determine  class   size,   class
10        staffing   and   assignment,  class  schedules,  academic
11        calendar, hours  and  places  of  instruction,  or  pupil
12        assessment policies, and the impact of these decisions on
13        individual employees or the bargaining unit.
14             (5)  Decisions   concerning   use  and  staffing  of
15        experimental or pilot programs, decisions concerning  use
16        of   technology   to  deliver  educational  programs  and
17        services and staffing to provide the technology, and  the
18        impact  of these decisions on individual employees or the
19        bargaining unit.
20        (b)  The subject or matters described in  subsection  (a)
21    are  prohibited  subjects  of bargaining between the board of
22    education of a public school district organized under Article
23    34  of  the  School  Code  an  educational  employer  and  an
24    exclusive  representative  of  its  employees  and,  for  the
25    purpose of this Act, are within the sole authority of the the
26    board  of  education  of  that  school  district  educational
27    employer to decide.
28        (c)  This Section shall apply  to  collective  bargaining
29    agreements  that become effective after the effective date of
30    this amendatory Act of 1995  and  shall  render  a  provision
31    involving  a  prohibited  subject  in such agreement null and
32    void.
33    (Source: P.A. 89-15, eff. 5-30-95.)
                            -3-                LRB9003770THpk
 1        Section 99.  Effective date.  This Act takes effect  upon
 2    becoming law.

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