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1 | AN ACT concerning education.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The School Code is amended by changing Section | ||||||
5 | 10-22.34c as follows:
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6 | (105 ILCS 5/10-22.34c)
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7 | Sec. 10-22.34c. Third party non-instructional services. | ||||||
8 | (a) A
Notwithstanding any other law of this State, nothing in | ||||||
9 | this Code prevents a
board of education may enter
from entering | ||||||
10 | into a contract with a third party for
non-instructional | ||||||
11 | services currently performed by any employee or bargaining
unit | ||||||
12 | member or lay
from laying off those educational support | ||||||
13 | personnel employees
upon 90
30 days
written notice to
the | ||||||
14 | affected employees , provided that: | ||||||
15 | (1) a contract must not be entered into and become | ||||||
16 | effective during the term of a collective bargaining | ||||||
17 | agreement, as that term is set forth in the agreement, | ||||||
18 | covering any employees who perform the non-instructional | ||||||
19 | services; | ||||||
20 | (2) a contract may only take effect upon the expiration | ||||||
21 | of an existing collective bargaining agreement; | ||||||
22 | (3) any third party that submits a bid to perform the | ||||||
23 | non-instructional services shall provide the following:
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1 | (A) evidence of liability insurance in scope and | ||||||
2 | amount equivalent to the liability insurance provided | ||||||
3 | by the school board pursuant to Section 10-22.3 of this | ||||||
4 | Code;
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5 | (B) a benefits package for the third party's | ||||||
6 | employees who will perform the non-instructional | ||||||
7 | services comparable to the benefits package provided | ||||||
8 | to school board employees who perform those services; | ||||||
9 | (C) a list of the number of employees who will | ||||||
10 | provide the non-instructional services, the job | ||||||
11 | classifications of those employees, and the wages the | ||||||
12 | third party will pay those employees; | ||||||
13 | (D) a minimum 3-year cost projection, using | ||||||
14 | generally accepted accounting principles and which the | ||||||
15 | third party is prohibited from increasing if the bid is | ||||||
16 | accepted by the school board, for each and every | ||||||
17 | expenditure category and account for performing the | ||||||
18 | non-instructional services; | ||||||
19 | (E) composite information about the criminal and | ||||||
20 | disciplinary records, including alcohol or other | ||||||
21 | substance abuse, Department of Children and Family | ||||||
22 | Services complaints and investigations, traffic | ||||||
23 | violations, and license revocations or any other | ||||||
24 | licensure problems, of any employees who may perform | ||||||
25 | the non-instructional services, provided that the | ||||||
26 | individual names and other identifying information of |
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1 | employees need not be provided with the submission of | ||||||
2 | the bid, but must be made available upon request of the | ||||||
3 | school board; and
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4 | (F) an affidavit, notarized by the president or | ||||||
5 | chief executive officer of the third party, that each | ||||||
6 | of its employees has completed a criminal background | ||||||
7 | check as required by Section 10-21.9 of this Code | ||||||
8 | within 3 months prior to submission of the bid, | ||||||
9 | provided that the results of such background checks | ||||||
10 | need not be provided with the submission of the bid, | ||||||
11 | but must be made available upon request of the school | ||||||
12 | board.
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13 | (4) a contract must not be entered into unless the | ||||||
14 | school board provides a cost comparison, using generally | ||||||
15 | accepted accounting principles, of each and every | ||||||
16 | expenditure category and account that the school board | ||||||
17 | projects it would incur over the term of the contract if it | ||||||
18 | continued to perform the non-instructional services using | ||||||
19 | its own employees with each and every expenditure category | ||||||
20 | and account that is projected a third party would incur if | ||||||
21 | a third party performed the non-instructional services; | ||||||
22 | (5) review and consideration of all bids by third | ||||||
23 | parties to perform the non-instructional services shall | ||||||
24 | take place in open session of a regularly scheduled school | ||||||
25 | board meeting, unless the exclusive bargaining | ||||||
26 | representative of the employees who perform the |
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1 | non-instructional services, if any such exclusive | ||||||
2 | bargaining representative exists, agrees in writing that | ||||||
3 | such review and consideration can take place in open | ||||||
4 | session at a specially scheduled school board meeting; | ||||||
5 | (6) a minimum of one public hearing, conducted by the | ||||||
6 | school board prior to a regularly scheduled school board | ||||||
7 | meeting, to discuss the school board's proposal to contract | ||||||
8 | with a third party to perform the non-instructional | ||||||
9 | services must be held before the school board may enter | ||||||
10 | into such a contract; the school board must provide notice | ||||||
11 | to the public of the date, time, and location of the first | ||||||
12 | public hearing on or before the initial date that bids to | ||||||
13 | provide the non-instructional services are solicited or a | ||||||
14 | minimum of 30 days prior to entering into such a contract, | ||||||
15 | whichever provides a greater period of notice; | ||||||
16 | (7) a contract shall contain provisions requiring the | ||||||
17 | contractor to offer available employee positions pursuant | ||||||
18 | to the contract to qualified school district employees | ||||||
19 | whose employment is terminated because of the contract; and | ||||||
20 | (8) a contract shall contain provisions requiring the | ||||||
21 | contractor to comply with a policy of nondiscrimination and | ||||||
22 | equal employment opportunity for all persons and to take | ||||||
23 | affirmative steps to provide equal opportunity for all | ||||||
24 | persons .
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25 | (b) Notwithstanding subsection (a) of this Section, a board | ||||||
26 | of education may enter into a contract, of no longer than 3 |
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1 | months in duration, with a third party for non-instructional | ||||||
2 | services currently performed by an employee or bargaining unit | ||||||
3 | member for the purpose of augmenting the current workforce in | ||||||
4 | an emergency situation that threatens the safety or health of | ||||||
5 | the school district's students or staff, provided that the | ||||||
6 | school board meets all of its obligations under the Illinois | ||||||
7 | Educational Labor Relations Act.
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8 | (c) The changes to this Section made by this amendatory Act | ||||||
9 | of the 95th General Assembly are not applicable to | ||||||
10 | non-instructional services of a school district that on the | ||||||
11 | effective date of this amendatory Act of the 95th General | ||||||
12 | Assembly are performed for the school district by a third | ||||||
13 | party.
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14 | (Source: P.A. 90-548, eff. 1-1-98.)
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15 | Section 90. The State Mandates Act is amended by adding | ||||||
16 | Section 8.31 as follows: | ||||||
17 | (30 ILCS 805/8.31 new) | ||||||
18 | Sec. 8.31. Exempt mandate. Notwithstanding Sections 6 and 8 | ||||||
19 | of this Act, no reimbursement by the State is required for the | ||||||
20 | implementation of any mandate created by this amendatory Act of | ||||||
21 | the 95th General Assembly.
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22 | Section 99. Effective date. This Act takes effect upon | ||||||
23 | becoming law.
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