Full Text of HB1347 095th General Assembly
HB1347enr 95TH GENERAL ASSEMBLY
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| AN ACT concerning education.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The School Code is amended by changing Section | 5 |
| 10-22.34c as follows:
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| (105 ILCS 5/10-22.34c)
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| 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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| (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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| (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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| 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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| (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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| (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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| 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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| (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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| 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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| (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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| (Source: P.A. 90-548, eff. 1-1-98.)
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| 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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| Section 99. Effective date. This Act takes effect upon | 23 |
| becoming law.
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