IL
Illinois Senate Bill SB0292

Illinois 2023-2024 Regular Session

Illinois Senate Bill SB0292 Compare Versions

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11 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB0292 Introduced 2/2/2023, 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, 2023. LRB103 27125 RJT 53494 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB0292 Introduced 2/2/2023, by Sen. Celina Villanueva SYNOPSIS AS INTRODUCED: 105 ILCS 5/27A-6 105 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, 2023. LRB103 27125 RJT 53494 b LRB103 27125 RJT 53494 b A BILL FOR
22 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB0292 Introduced 2/2/2023, by Sen. Celina Villanueva SYNOPSIS AS INTRODUCED:
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55 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, 2023.
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1111 1 AN ACT concerning education.
1212 2 Be it enacted by the People of the State of Illinois,
1313 3 represented in the General Assembly:
1414 4 Section 5. The School Code is amended by changing Section
1515 5 27A-6 as follows:
1616 6 (105 ILCS 5/27A-6)
1717 7 Sec. 27A-6. Contract contents; applicability of laws and
1818 8 regulations.
1919 9 (a) A certified charter shall constitute a binding
2020 10 contract and agreement between the charter school and a local
2121 11 school board under the terms of which the local school board
2222 12 authorizes the governing body of the charter school to operate
2323 13 the charter school on the terms specified in the contract.
2424 14 (b) Notwithstanding any other provision of this Article,
2525 15 the certified charter may not waive or release the charter
2626 16 school from the State goals, standards, and assessments
2727 17 established pursuant to Section 2-3.64a-5 of this Code.
2828 18 Beginning with the 2003-2004 school year, the certified
2929 19 charter for a charter school operating in a city having a
3030 20 population exceeding 500,000 shall require the charter school
3131 21 to administer any other nationally recognized standardized
3232 22 tests to its students that the chartering entity administers
3333 23 to other students, and the results on such tests shall be
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3737 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB0292 Introduced 2/2/2023, by Sen. Celina Villanueva SYNOPSIS AS INTRODUCED:
3838 105 ILCS 5/27A-6 105 ILCS 5/27A-6
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4040 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, 2023.
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6868 1 included in the chartering entity's assessment reports.
6969 2 (c) Subject to the provisions of subsection (e), a
7070 3 material revision to a previously certified contract or a
7171 4 renewal shall be made with the approval of both the local
7272 5 school board and the governing body of the charter school.
7373 6 (c-5) The proposed contract shall include a provision on
7474 7 how both parties will address minor violations of the
7575 8 contract.
7676 9 (d) The proposed contract between the governing body of a
7777 10 proposed charter school and the local school board as
7878 11 described in Section 27A-7 must be submitted to and certified
7979 12 by the State Board before it can take effect. If the State
8080 13 Board recommends that the proposed contract be modified for
8181 14 consistency with this Article before it can be certified, the
8282 15 modifications must be consented to by both the governing body
8383 16 of the charter school and the local school board, and
8484 17 resubmitted to the State Board for its certification. If the
8585 18 proposed contract is resubmitted in a form that is not
8686 19 consistent with this Article, the State Board may refuse to
8787 20 certify the charter.
8888 21 The State Board shall assign a number to each submission
8989 22 or resubmission in chronological order of receipt, and shall
9090 23 determine whether the proposed contract is consistent with the
9191 24 provisions of this Article. If the proposed contract complies,
9292 25 the State Board shall so certify.
9393 26 (e) No renewal of a previously certified contract is
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104104 1 effective unless and until the State Board certifies that the
105105 2 renewal is consistent with the provisions of this Article. A
106106 3 material revision to a previously certified contract may go
107107 4 into effect immediately upon approval of both the local school
108108 5 board and the governing body of the charter school, unless
109109 6 either party requests in writing that the State Board certify
110110 7 that the material revision is consistent with the provisions
111111 8 of this Article. If such a request is made, the proposed
112112 9 material revision is not effective unless and until the State
113113 10 Board so certifies.
114114 11 (f) Charter schools that accept funding directly from the
115115 12 State or through a school district directed by the State to
116116 13 administer the funds after the effective date of this
117117 14 amendatory Act of the 103rd General Assembly and charter
118118 15 school subcontractors regularly performing work at charter
119119 16 school facilities that receive State funding, shall, as a
120120 17 condition of such funding, comply with this amendatory Act of
121121 18 the 103rd General Assembly and have in place, at all times, a
122122 19 labor peace agreement (referred to in this subsection as
123123 20 "Labor Peace Agreement") with any bona fide employee
124124 21 organization or labor organization in which employees
125125 22 participate and that exists for the purpose, in whole or in
126126 23 part, of dealing with charter schools or its subcontractors
127127 24 concerning grievances, labor disputes, wages, rates of pay,
128128 25 hours of employment, or conditions of work (referred to in
129129 26 this subsection as "Labor Organization") and that requests a
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140140 1 Labor Peace Agreement. No Labor Peace Agreement may be
141141 2 recognized under this subsection if the charter school or its
142142 3 subcontractor directly or indirectly assists or encourages the
143143 4 formation or operation of the Labor Organization. For the
144144 5 purposes of this subsection (f), "subcontractors regularly
145145 6 performing work at charter school facilities" means entities
146146 7 contracted to provide services integral to the educational
147147 8 purpose or facility maintenance of the charter school no less
148148 9 frequently than once per month, and the Labor Peace Agreement
149149 10 shall be limited to such entity's employees actually
150150 11 performing work on charter school premises or directly in
151151 12 support thereof.
152152 13 Under this subsection, all of the following requirements
153153 14 shall apply:
154154 15 (1) The Labor Peace Agreement shall include binding
155155 16 and enforceable provisions prohibiting the Labor
156156 17 Organization and its members from engaging in, supporting,
157157 18 encouraging, or assisting any work stoppages or other
158158 19 direct economic interference by the Labor Organization or
159159 20 by the covered employees for the duration of the Labor
160160 21 Peace Agreement. The Labor Peace Agreement shall further
161161 22 prohibit the charter school, the Labor Organization, and
162162 23 their respective agents from harassing, threatening,
163163 24 intimidating, or coercing employees in any way concerning
164164 25 their rights to organize or not organize, to sign a
165165 26 representation authorization card, or other engagement or
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176176 1 non-engagement in any type of protected activity.
177177 2 (2) A Labor Organization seeking a Labor Peace
178178 3 Agreement shall notify the charter school in writing of
179179 4 its intention to enter into a Labor Peace Agreement with
180180 5 the charter school or its subcontractor, identifying the
181181 6 employee classifications of the charter school or its
182182 7 subcontractor to be covered under the Labor Peace
183183 8 Agreement. Administrative and managerial employees are
184184 9 exempt from this subsection. Nothing in this subsection
185185 10 may limit the rights of multiple Labor Organizations to
186186 11 seek Labor Peace Agreements covering separate and distinct
187187 12 classifications of employees who are not covered by a
188188 13 Labor Peace Agreement, including a collective bargaining
189189 14 agreement that complies with this amendatory Act of the
190190 15 103rd General Assembly.
191191 16 (3) The Labor Peace Agreement must be executed within
192192 17 60 days after receipt of the Labor Organization's written
193193 18 notice of intention. If the Labor Peace Agreement is not
194194 19 executed within the 60 days, a notice of the impasse shall
195195 20 be provided to the State Board of Education and the
196196 21 Illinois Educational Labor Relations Board. Thereafter, a
197197 22 hearing officer appointed or employed by the Illinois
198198 23 Educational Labor Relations Board shall review the term or
199199 24 terms of the Labor Peace Agreement that are the subject of
200200 25 the impasse and shall make and submit advisory,
201201 26 non-binding recommendations for the reconciliation of the
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212212 1 dispute to the parties. The advisory, non-binding
213213 2 recommendations made in relation to the dispute and
214214 3 submitted by the hearing officer may not be construed to
215215 4 be a final or appealable order rendered by the Illinois
216216 5 Educational Labor Relations Board. The Illinois
217217 6 Educational Labor Relations Board may not acquire
218218 7 jurisdiction over the Labor Peace Agreement under this
219219 8 subsection. The Illinois Educational Labor Relations Board
220220 9 may charge reasonable administrative fees in association
221221 10 with this paragraph (3). If the parties cannot reach an
222222 11 agreement within 15 days after receipt of the
223223 12 recommendations from the hearing officer, the charter
224224 13 school and the Labor Organization may mutually agree to
225225 14 submit the dispute to final and binding impartial
226226 15 arbitration.
227227 16 (4) Upon receipt of a written request for a Labor
228228 17 Peace Agreement, charter schools shall at all times allow
229229 18 representatives of Labor Organizations to enter charter
230230 19 school campuses and offices, at any time employees in the
231231 20 designated classifications are present at those locations,
232232 21 to meet privately with employees in non-work spaces and at
233233 22 non-working times.
234234 23 The requirements of this subsection are satisfied if the
235235 24 charter school (i) executes a national or local labor
236236 25 agreement pertaining to the performance of the charter school
237237 26 employees and the subcontractors regularly performing work at
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248248 1 the charter school facilities or (ii) is negotiating in good
249249 2 faith with the Labor Organization over the terms of a
250250 3 successor labor agreement for a period not exceeding 90 days
251251 4 after expiration of the labor agreement.
252252 5 (Source: P.A. 98-972, eff. 8-15-14; 98-1048, eff. 8-25-14;
253253 6 99-78, eff. 7-20-15.)
254254 7 Section 99. Effective date. This Act takes effect June 1,
255255 8 2023.
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