Illinois General Assembly - Full Text of HB2108
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Full Text of HB2108  103rd General Assembly

HB2108 103RD GENERAL ASSEMBLY

  
  

 


 
103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB2108

 

Introduced 2/7/2023, by Rep. Daniel Didech

 

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

    Amends the School Code. Allows a board of education to enter into a contract, of no longer than 3 months in duration, with a third party for non-instructional services currently performed by an employee or bargaining unit member in an emergency situation that threatens the safety or health of the school district's students or staff or in the event of a disaster as defined in the Illinois Emergency Management Agency Act (instead of for the purpose of augmenting the current workforce in an emergency situation that threatens the safety or health of the school district's students). Provides that if, at the end of the contract, the Governor or the Director of Public Health has declared a disaster and all or part of the territory of the school district is covered by such a declaration, then the school board may renew the contract for a term of no longer than 3 months. Provides that changes made by Public Act 95-241 do not apply to a school board if the school district's most recent final percent of adequacy under the evidence-based funding formula provisions is less than 85%. Allows a school board whose most recent final percent of adequacy is less than 85% to enter into a third-party contract for non-instructional services currently performed by an employee or bargaining unit member or lay off an educational support personnel employee, provided that the affected employee receives written notice of the removal or dismissal at least 30 days before the employee is removed or dismissed.


LRB103 04726 RJT 49735 b

 

 

A BILL FOR

 

HB2108LRB103 04726 RJT 49735 b

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) Except as otherwise provided in subsection (d), a A
9board of education may enter into a contract with a third party
10for non-instructional services currently performed by any
11employee or bargaining unit member or lay off those
12educational support personnel employees upon 90 days written
13notice to the affected employees, provided that:
14        (1) a contract must not be entered into and become
15    effective during the term of a collective bargaining
16    agreement, as that term is set forth in the agreement,
17    covering any employees who perform the non-instructional
18    services;
19        (2) a contract may only take effect upon the
20    expiration of an existing collective bargaining agreement;
21        (3) any third party that submits a bid to perform the
22    non-instructional services shall provide the following:
23            (A) evidence of liability insurance in scope and

 

 

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1        amount equivalent to the liability insurance provided
2        by the school board pursuant to Section 10-22.3 of
3        this Code;
4            (B) a benefits package for the third party's
5        employees who will perform the non-instructional
6        services comparable to the benefits package provided
7        to school board employees who perform 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
15        is 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
7    contract with a third party to perform the
8    non-instructional services must be held before the school
9    board may enter into such a contract; the school board
10    must provide notice to the public of the date, time, and
11    location of the first public hearing on or before the
12    initial date that bids to provide the non-instructional
13    services are solicited or a minimum of 30 days prior to
14    entering into such a contract, whichever provides a
15    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;
20    and
21        (8) a contract shall contain provisions requiring the
22    contractor to comply with a policy of nondiscrimination
23    and equal employment opportunity for all persons and to
24    take affirmative steps to provide equal opportunity for
25    all persons.
26    (b) Notwithstanding subsection (a) of this Section, a

 

 

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1board of education may enter into a contract, of no longer than
23 months in duration, with a third party for non-instructional
3services currently performed by an employee or bargaining unit
4member for the purpose of augmenting the current workforce in
5an emergency situation that threatens the safety or health of
6the school district's students or staff or in the event of a
7disaster as defined in Section 4 of the Illinois Emergency
8Management Agency Act, provided that the school board meets
9all of its obligations under the Illinois Educational Labor
10Relations Act. However, if, at the end of a contract that was
11entered into under this subsection (b), the Governor or the
12Director of Public Health has declared a disaster and all or
13part of the territory of the school district is covered by such
14a declaration, then the school board may renew the contract
15for a term of no longer than 3 months.
16    (c) The changes to this Section made by Public Act 95-241
17this amendatory Act of the 95th General Assembly are not
18applicable to non-instructional services of a school district
19that on the effective date of this amendatory Act of the 95th
20General Assembly are performed for the school district by a
21third party (i) on August 17, 2007 (the effective date of
22Public Act 95-241) or (ii) pursuant to a contract entered into
23during any fiscal year in which the changes made to this
24Section by Public Act 95-241 do not apply pursuant to
25subsection (d) of this Section.
26    (d) The changes to this Section made by Public Act 95-241

 

 

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1do not apply to a school board if the school district's most
2recent Final Percent of Adequacy, as defined in paragraph (4)
3of subsection (f) of Section 18-8.15 of this Code, is less than
485%. Notwithstanding any other provision of this Code to the
5contrary, a school board whose most recent Final Percent of
6Adequacy is less than 85% may enter into a third-party
7contract for non-instructional services currently performed by
8an employee or bargaining unit member or lay off an
9educational support personnel employee in accordance with
10Section 10-23.5 of this Code, provided that the affected
11employee receives written notice of the removal or dismissal
12at least 30 days before the employee is removed or dismissed.
13(Source: P.A. 95-241, eff. 8-17-07; 96-328, eff. 8-11-09.)