( i ) SUBJECT TO SUBSECTION (14), THE DISTRICT PROVIDES ITS HOURLY EMPLOYEES THE FULL COMPENSATION THAT THEY WOULD HAVE BEEN ENTITLED TO HAD THEY WORKED FOR THE PERIOD DURING WHICH PUPIL INSTRUCTION WAS NOT PROVIDED AS DESCRIBED IN THIS SUBDIVISION.
( ii ) THE DISTRICT PROVIDES WRITTEN DOCUMENTATION TO THE DEPARTMENT THAT ITS HOURLY EMPLOYEES DESCRIBED UNDER SUBPARAGRAPH ( i ) RECEIVED FULL COMPENSATION AS REQUIRED UNDER SUBPARAGRAPH ( i ).
(C) With the approval of the superintendent of public instruction, the department shall count as hours and days of pupil instruction for a fiscal year not more than 3 additional days or the equivalent number of additional hours for which pupil instruction is not provided in a district due to unusual and extenuating occurrences resulting from conditions not within the control of school authorities such as those conditions described in this subsection. Subsequent such hours or days shall not be counted as hours or days of pupil instruction. UNDER SUBDIVISION (A). ”.
2. Amend page 14, following line 9, by inserting:
“ (14) A DISTRICT IS NOT SUBJECT TO THE REQUIREMENTS UNDER SUBSECTION (4)(B)( i ) AND ( ii ) IF EITHER OF THE FOLLOWING ARE MET:
(A) THE DISTRICT HAS A COLLECTIVE BARGAINING AGREEMENT WITH A BARGAINING REPRESENTATIVE OF ITS HOURLY EMPLOYEES, OR HAS AN EMPLOYMENT AGREEMENT WITH AN HOURLY EMPLOYEE, THAT IS IN EFFECT AS OF THE EFFECTIVE DATE OF THE AMENDATORY ACT THAT ADDED THIS SUBSECTION AND THAT EXPLICITLY ADDRESSES COMPENSATION REGARDING PERIODS DURING WHICH PUPIL INSTRUCTION IS NOT PROVIDED AS DESCRIBED UNDER SUBSECTION (4)(B).
(B) THE DISTRICT DEMONSTRATES TO THE DEPARTMENT THAT IT HAS PROVIDED ITS HOURLY EMPLOYEES WITH COMPENSATION OR A BENEFIT IN LIEU OF COMPENSATION BASED ON A WRITTEN AGREEMENT WITH THE BARGAINING REPRESENTATIVE OR EMPLOYEE, AS APPLICABLE, FOR PERIODS DURING WHICH PUPIL INSTRUCTION IS NOT PROVIDED AS DESCRIBED UNDER SUBSECTION (4)(B).
(15) FOR 2018-2019, THE DAYS INCLUDED IN THE EXECUTIVE ORDER DESCRIBED UNDER SUBSECTION (4)(B) ARE JANUARY 29, 2019 TO FEBRUARY 2, 2019. ”.
The amendments were not adopted, a majority of the members serving not voting therefor.
Senator Chang requested the yeas and nays.
The yeas and nays were ordered, 1/5 of the members present voting therefor.
The amendments were not adopted, a majority of the members serving not voting therefor, as follows: