101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
SB1645

 

Introduced 2/15/2019, by Sen. Jason A. Barickman

 

SYNOPSIS AS INTRODUCED:
 
105 ILCS 5/10-22.34c

    Amends the School Code. With regard to third party non-instructional services, removes a provision requiring a third party that submits a bid to perform non-instructional services to provide a benefits package for the third party's employees who will perform the non-instructional services comparable to the benefits package provided to school board employees who perform those services.


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

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1    AN ACT concerning education.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The School Code is amended by changing Section
510-22.34c as follows:
 
6    (105 ILCS 5/10-22.34c)
7    Sec. 10-22.34c. Third party non-instructional services.
8    (a) A board of education may enter into a contract with a
9third party for non-instructional services currently performed
10by any employee or bargaining unit member or lay off those
11educational support personnel employees upon 90 days written
12notice to the affected employees, provided that:
13        (1) a contract must not be entered into and become
14    effective during the term of a collective bargaining
15    agreement, as that term is set forth in the agreement,
16    covering any employees who perform the non-instructional
17    services;
18        (2) a contract may only take effect upon the expiration
19    of an existing collective bargaining agreement;
20        (3) any third party that submits a bid to perform the
21    non-instructional services shall provide the following:
22            (A) evidence of liability insurance in scope and
23        amount equivalent to the liability insurance provided

 

 

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1        by the school board pursuant to Section 10-22.3 of this
2        Code;
3            (B) (blank); a benefits package for the third
4        party's employees who will perform the
5        non-instructional services comparable to the benefits
6        package provided to school board employees who perform
7        those services;
8            (C) a list of the number of employees who will
9        provide the non-instructional services, the job
10        classifications of those employees, and the wages the
11        third party will pay those employees;
12            (D) a minimum 3-year cost projection, using
13        generally accepted accounting principles and which the
14        third party is prohibited from increasing if the bid is
15        accepted by the school board, for each and every
16        expenditure category and account for performing the
17        non-instructional services;
18            (E) composite information about the criminal and
19        disciplinary records, including alcohol or other
20        substance abuse, Department of Children and Family
21        Services complaints and investigations, traffic
22        violations, and license revocations or any other
23        licensure problems, of any employees who may perform
24        the non-instructional services, provided that the
25        individual names and other identifying information of
26        employees need not be provided with the submission of

 

 

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1        the bid, but must be made available upon request of the
2        school board; and
3            (F) an affidavit, notarized by the president or
4        chief executive officer of the third party, that each
5        of its employees has completed a criminal background
6        check as required by Section 10-21.9 of this Code
7        within 3 months prior to submission of the bid,
8        provided that the results of such background checks
9        need not be provided with the submission of the bid,
10        but must be made available upon request of the school
11        board;
12        (4) a contract must not be entered into unless the
13    school board provides a cost comparison, using generally
14    accepted accounting principles, of each and every
15    expenditure category and account that the school board
16    projects it would incur over the term of the contract if it
17    continued to perform the non-instructional services using
18    its own employees with each and every expenditure category
19    and account that is projected a third party would incur if
20    a third party performed the non-instructional services;
21        (5) review and consideration of all bids by third
22    parties to perform the non-instructional services shall
23    take place in open session of a regularly scheduled school
24    board meeting, unless the exclusive bargaining
25    representative of the employees who perform the
26    non-instructional services, if any such exclusive

 

 

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1    bargaining representative exists, agrees in writing that
2    such review and consideration can take place in open
3    session at a specially scheduled school board meeting;
4        (6) a minimum of one public hearing, conducted by the
5    school board prior to a regularly scheduled school board
6    meeting, to discuss the school board's proposal to contract
7    with a third party to perform the non-instructional
8    services must be held before the school board may enter
9    into such a contract; the school board must provide notice
10    to the public of the date, time, and location of the first
11    public hearing on or before the initial date that bids to
12    provide the non-instructional services are solicited or a
13    minimum of 30 days prior to entering into such a contract,
14    whichever provides a greater period of notice;
15        (7) a contract shall contain provisions requiring the
16    contractor to offer available employee positions pursuant
17    to the contract to qualified school district employees
18    whose employment is terminated because of the contract; and
19        (8) a contract shall contain provisions requiring the
20    contractor to comply with a policy of nondiscrimination and
21    equal employment opportunity for all persons and to take
22    affirmative steps to provide equal opportunity for all
23    persons.
24    (b) Notwithstanding subsection (a) of this Section, a board
25of education may enter into a contract, of no longer than 3
26months in duration, with a third party for non-instructional

 

 

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1services currently performed by an employee or bargaining unit
2member for the purpose of augmenting the current workforce in
3an emergency situation that threatens the safety or health of
4the school district's students or staff, provided that the
5school board meets all of its obligations under the Illinois
6Educational Labor Relations Act.
7    (c) The changes to this Section made by this amendatory Act
8of the 95th General Assembly are not applicable to
9non-instructional services of a school district that on the
10effective date of this amendatory Act of the 95th General
11Assembly are performed for the school district by a third
12party.
13(Source: P.A. 95-241, eff. 8-17-07; 96-328, eff. 8-11-09.)