Illinois Senate Floor Debate — February 6, 2003

…you -- thank you, Madam President. Senate Bill 19 creates the Chicago Education Reform Act of -- of 2002 {sic} (2003). Increases the number of charter schools in Chicago, and restores some of its collective bargaining. Currently, there are forty- five charter schools across the State of Illinois. Only Chicago, which has fifteen, has used up all their slots. So what this bill does is increase from fifteen to thirty the number of charter schools in the City of Chicago. It also restores some of the collective bargaining rights for Chicago teachers, where they’ll be able to discuss issues such as class size and programs and the curriculum within the school system. It has the support of the Chicagoland Chamber of Commerce, has support of the Union, the Chicago Board of Education. And it’s a good 5  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 7th Legislative Day 2/6/2003 bill. Chicago needs this bill so it can open up the new charter schools. The charter schools, new ones, will have seventy-five percent of its teachers certified so they can keep in line with “Leave No Child Behind”, {sic} the federal program…

The federal program that -- that required that they have certified teachers in charter schools in the “Leave No Child Behind” {sic} program. This enables Chicago to receive the federal funds that is –- it needs to help improve the quality of education for its children. So I ask for a -- you know, a vote on this bill, a unanimous vote. It’s a bill that came out of committee with a unanimous vote. It was presented last year, but it didn’t get out of the Senate Rules Committee. And I ask for a favorable vote.

Thank you very much, Madam President. I rise in support of the bill. But I -- if I may, I’d like to ask the sponsor a few questions.

Just for purposes of clarification, Senator Jones - and I’m delighted to join you as a cosponsor of the bill - you stated in your remarks that this bill restores some of the collective bargaining rights. As I understand the bill - and it’s a very carefully crafted piece of legislation which is the result of hours and hours and days and months of negotiation between management and labor - it doesn’t exactly restore collective bargaining rights, in that you cannot negotiate class size, school calendar, staffing issues, those enumerated subject matters. Those are not proper subject matter for collective bargaining. Instead, as I understand the nuances of the language, the teachers may simply discuss the outcome of 6  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 7th Legislative Day 2/6/2003 decisions that are made that may impact class size or schedule or staffing. Is that correct?

You are correct. It is permissive language, as such.

And secondly, for purposes of emphasis, the seventy-five percent of the teachers that need to be certified, some folks had some concerns about that on our side of the aisle, and I think that it needs to be emphasized that that is a necessary component. The federal No Child Left Behind Law requires that there be that composition of certified teachers in the classroom. Lastly, if I may, just for purposes of punctuating this point in time and -- and making a record, this is the result of protracted negotiations between management and labor in the Chicago schools, and of course, management didn’t want to change anything, for -- for some reason, that had much merit. This is indeed the nationally acclaimed 1995 School Reform Law that we’re tinkering with right now, and they didn’t want to touch it. And of course, labor asked to repeal the entire Section 4.5, and this is the result of those discussions. I was advised, explicitly, in committee, and I guess if I may ask the sponsor. This is it. This is not going to abrogate or revise that nationally acclaimed 1995 law any further. This is the result of that negotiation and this is the position that both management and labor have taken and they have no intention of coming back down here and seeking any further revision. Is that your understanding, Senator Jones?

That is my understating as relate to the President of the Chicago School System, Michael Scott, and Deborah Lynch of the Chicago Teachers Union. The whole thrust behind this is to help improve the quality of education for -- for the children. As most of the charter schools that have been allotted across the State of Illinois, only -- only Chicago has reached the max and that’s why they need the additional slots. Also, in order for 7  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 7th Legislative Day 2/6/2003 them to qualify for the necessary dollars, to meet the “leave no child behind” legislation, what this does is makes sure that certified, competent teachers are in the charter schools, and I think everyone wants that. But this is an improvement of the 1995 Act that was passed, and it should benefit the children of the City of Chicago.

In conclusion, I just want to commend the sponsor, Senate President Emil Jones. I also want to commend a lot of the folks that were involved: John Ayers, Pat Ryan, Leon Jackson, Debbie Lynch and Michael Scott. They all deserve a lot of recognition and commendation, and I rise in enthusiastic support and ask my colleagues to vote Yes.

Thank you, Madam President. Will the sponsor yield?

Senator Jones, I just wanted to focus in on that Section 4.5 of the Educational Labor Relations Act that is being revisited and -- and reopened. Can you tell me, what it is in the past few years that’s been the weakness that you’ve seen, that why is it necessary now for these subjects to be included in a collective bargaining process where in the past, you know, even President of the United States, Bill Clinton, heralded the Chicago School Reform Act that was passed in the mid nineties? What is it that’s driving this that’s putting new subjects on the table and subject to negotiations where they’ve been off the table and have been successful in the past?

Again, as previously pointed out by Senator Cronin, this is as a result of negotiation between management and labor. The Chicago teachers, for them to work enthusiastically in the 8  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 7th Legislative Day 2/6/2003 schools -- all the other teachers across the State of Illinois have many bargaining rights which Chicago teachers have not had. So it’s only leveling the playing field. Why should they be treated any different than any other teacher? But this is a result of negotiation between the two groups.

In the past, the -- the proponents of this, in terms of some of the -- the teachers unions and so forth, Senator, have encouraged the complete repeal of Section 4.5, which is the one we’ve been talking about. Do you anticipate, in the foreseeable future, in this General Assembly or in your duration as Senate President, the need to -- to revisit this again? Or can we safely say that -– that you’ve -- you’ve come, you’ve done what you’ve -- you’ve thought you needed to do and then we’re going to move on? Or is this going to be the beginning of what you might characterize as progress, what I might characterize as chipping away of the ability of the Chicago Board of Education to manage the schools? I’m just asking, what -- what are your intentions as you look forward?

My intention, as I look forward, is to pass this legislation, see it enacted into law. I don’t believe that they will be coming back. But I’d like to indicate to the Body that certified teachers in the Chicago public school system shouldn’t be treated any differently than any other -- other system throughout the State of Illinois. And it’s not my intention to come back. They so stated that in the Education Committee yesterday, that this is it. And for them to enthusiastically do their jobs, not with their hands tied behind their backs. They are professionals and they want to be involved in the decision making as relate to education of children. So they indicated that this is basically it.

9  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 7th Legislative Day 2/6/2003 Is it “basically it” or is it “it”?

This is it.

Just a couple other questions. Are there current negotiations that are -- that are happening between labor and management in the Chicago public school system, and if so, how does this bill affect that if it’s enacted into law, and are their contracts that have to be reopened?

They are currently not in negotiation at -- at this time, but they will be in -- in the very near future.

You -- You’re creating in this bill a -- a Labor Management Council. Can you tell me what that is, Senator, the purpose of that, how that works, how it fits in to some of the other -- the other structures that are in place?

The whole thrust as to what you’re relating to as the council, what that does is allow, jointly, the Chicago Teachers Union and allow other parties to -- to develop and implement programs designed to improve student achievement. So they will be participants jointly in doing such. That’s what the council is all about.

Last question. Senator, you mentioned that charter schools are thriving in the City of Chicago. Is there any, wisdom, then 10  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 7th Legislative Day 2/6/2003 to -- to lifting the cap entirely and allowing not just the ones you’re allowing under this legislation, but doubling that or expanding that to a far greater view if they’re thriving for some kids in Chicago? Isn’t there a good argument that we should let them thrive for a lot more kids in Chicago? Would you be open to expanding those charters?

As testified in committee, the Michael Scott indicated that there’s a long waiting list for charter schools. And the “leave no child behind” legislation said the opportunity must be presented to children to receive the best possible education. So since they have reached the max as allowed under the law, they want to expand it so more children will be able to attend charter schools.

Does that mean you’re open to expanding charters, Senator? Or does that mean you’re not interested in expanding charters in the future?

Under this legislation, it increases from fifteen to thirty charter schools that can be allowed within the system. And that would accommodate many of the children who are currently awaiting to get into a charter school. So, this is expanding the current program.

Yeah. We’re just going to get to the end of the question. The question is, if -- if -- if it works to go from fifteen to thirty, Senator, would you be open, in this General Assembly, to passing legislation that would expand that beyond the thirty or whatever the number is? I understand that this helps, and you’ve said, some of the children and that’s a terrific thing. 11  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 7th Legislative Day 2/6/2003 Would you be open to the idea of expanding this so that all of the kids -- there’s forty-two hundred children on a waiting list, I’m informed. I don’t think that this bill meets the needs of all forty-two hundred children. What I’m asking is, would you be open to sponsoring legislation or to helping legislation pass through the Senate that would meet the needs of all forty-two hundred children into charter schools?

Well, you indicated in your remarks that you didn’t think the additional fifteen schools would be enough. And -- but according to the Chicago Board of Education, they believe fifteen will be enough. So, therefore, you know, I’m not going to be sponsoring legislation that they don’t want. But they believe that the fifteen will accommodate the students that they want to take care of.

Yes. Thank you, Madam President. Just a little perspective and history on this, I guess. I was here - unfortunately, I was here, I guess - to hear our U.S. Secretary of Education tell us in the House Chamber, a Joint Session of both the House and the Senate - we met over there to hear from our U.S. Secretary of Education - who said that Chicago is one of the worst school systems in the country, if not the worst. And that was a -- that was not a good day for education and not a good day for the young people of Chicago, when that statement was made. And then in 1993, when -- when we took control of the Senate, I became the Chairman of the Education Committee and we passed numerous bills out to try to -- what we thought was appropriate for Chicago school reform. Unfortunately, it was -- they were never given much opportunity in the House. And then the next year, in ‘95, Dan Cronin became Chairman of the Education Committee, and of course, that was the year in which we controlled both -- the Republicans controlled both the Senate, the House and Governor Edgar was our -- our Governor. And we put a -- a major emphasis on trying to establish what we 12  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 7th Legislative Day 2/6/2003 thought was a new direction for the Chicago school system. Unfortunately, at that time, at least in this Chamber, we kind of stood alone here. We -- as Republicans. We were the ones who -- who voted for that. We felt we reached out. We thought it should have been a bipartisan solution. But it was not in this Chamber. But it did pass, ultimately, and we are proud of that, and we think that we sent the Chicago public schools down a -- a direction of improvement. And -- and I think that’s kind of lived out. And we gave Mayor Daley the opportunity to select an individual to run the Chicago schools. It wasn’t really an educator. And if we all remember that -- that turned out to be Paul Vallas, a very excellent suggestion –- or, selection by the Mayor. Paul did an excellent job and a lot of us worked with him throughout the years that he served there. And he was interested in what was right, and that was what’s good for kids. So we -– that’s our major emphasis on this side of the aisle, is what’s in the best interest for children. And we like the charter school concept. Obviously, we appreciate the sponsor’s indication of his desire to see further expansion in charter schools. We want -- we want to see that also. And we –- and I did get the opportunity to meet with Mayor Daley several weeks ago, and we talked about this particular issue. And we just had a concern that we were going down the path of dismantling what we had accomplished in 1995. And that was something we obviously don’t want to see done, and I would assume no one really wants to see us go back to the way it was. And he agreed with that. He agreed with that. Mayor Daley said: I agree. I don’t want to see us dismantle the Chicago School Reform as it -- as it is. But this is something that he desired to -- to see move forward. I agree with him, and I support you, Senator Jones, in your effort.

Yeah. Thank you, Madam President. In closing, I recall when Secretary Bennett came here and made that unwise statement, which I didn’t concur with…

Yeah. Thank you, Madam President. Listening to the remarks of the Minority Leader as he talked about what occurred in 1995, I was here and I opposed that legislation because I felt very strongly that the Chicago teachers should not be treated any different than any other teacher in the entire State of Illinois. But in spite of the fact that they have not been –- not had the same rights as many other teachers, there has been no strike in the Chicago pubic school system. Teachers have not striked. They hung in there. They’ve done the job, and they should not be treated any differently. When you passed that legislation, you were not passing it as an attempt to help the City of Chicago schools. You passed it as an attempt to embarrass the Mayor. So you -- you said give him -- “you take the responsibility of it.” So he took the lemon that you gave him and made lemonade out of it. That’s what really happened. Not that you had such a -- a great idea as such. He got involved. He wanted to improve the schools in the City of Chicago and he did. That’s how it happened. Not that you said we’re going to give this to you and we want you… No, it didn’t work that way. I was here. But I appreciate your support for this bill. And not only support this legislation, when it comes time to reforming and so forth, lets reform the financing of education, make sure that these children receive the same type of financial support as all children, especially those in the - - in the rich suburbs. You expect those teachers in Chicago to deliver when they may spend six thousand dollars a year and some school districts may spend seventeen or eighteen thousand dollars per year per child to educate. So I want to commend the educators for doing a great job, sometimes with their hands tied behind their back. So this bill allows them to be involved in the decision-making process as relate to educating children. I thank you for your support.

Just an inquiry of the Chair, Madam President. You mentioned Senate Bill 44. Could you just make clear what the status of the -- of that bill? You mentioned 2nd Reading, you mentioned 3rd Reading, you mentioned an amendment. Could you just revisit that? 16  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 7th Legislative Day 2/6/2003

Was it read a second time?

Are there any amendments to Senate Bill 44, and if so, what’s their status?

Thank you, Madam President, Ladies and Gentlemen of the Senate. I rise in reluctant support of this bill, just reminding the Members of this Body that upon passage of the 17  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 7th Legislative Day 2/6/2003 bill, we’ll have limited ourselves to fifty scheduled Session dates for a budget that will exceed fifty billion dollars or about a billion dollars a day. We’ll have limited our staffs’ ability to analyze the bill. They would normally have four weeks to do analysis. We’ll have just five weeks of scheduled Appropriation hearings. So, I reluctantly support the bill with the hope that the Majority will urge the Governor to begin discussions of our ‘03 problem as soon as possible. The sooner we deal with the revenue shortfall and the spending pressures that we have in the ‘03 budget, the easier it is to manage our challenges in ‘04. And I certainly hope that you guys will encourage the Governor, as he gets his staff together, to engage us as soon as possible. And I appreciate the sponsor bringing the bill.

Thank you, Madam President. For purposes of announcement. There will be a brief Republican Caucus immediately upon adjournment in Senator Watson’s Office. A brief Republican Caucus, immediately -- immediately upon adjournment.