Rep. William Davis

Filed: 5/29/2017





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2    AMENDMENT NO. ______. Amend House Bill 1261 by replacing
3everything after the enacting clause as follows:
4    "Section 5. The School Code is amended by changing Sections
510-22.34c and 22-62 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



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1    services;
2        (2) a contract may only take effect upon the expiration
3    of an existing collective bargaining agreement;
4        (3) any third party that submits a bid to perform the
5    non-instructional services shall provide the following:
6            (A) evidence of liability insurance in scope and
7        amount equivalent to the liability insurance provided
8        by the school board pursuant to Section 10-22.3 of this
9        Code;
10            (B) (blank); a benefits package for the third
11        party's employees who will perform the
12        non-instructional services comparable to the benefits
13        package provided to school board employees who perform
14        those services;
15            (C) a list of the number of employees who will
16        provide the non-instructional services, the job
17        classifications of those employees, and the wages the
18        third party will pay those employees;
19            (D) a minimum 3-year cost projection, using
20        generally accepted accounting principles and which the
21        third party is prohibited from increasing if the bid is
22        accepted by the school board, for each and every
23        expenditure category and account for performing the
24        non-instructional services; if the bid is accepted,
25        the school board shall file a copy of the cost
26        projection submitted with the bid to the State Board of



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1        Education;
2            (E) composite information about the criminal and
3        disciplinary records, including alcohol or other
4        substance abuse, Department of Children and Family
5        Services complaints and investigations, traffic
6        violations, and license revocations or any other
7        licensure problems, of any employees who may perform
8        the non-instructional services, provided that the
9        individual names and other identifying information of
10        employees need not be provided with the submission of
11        the bid, but must be made available upon request of the
12        school board; and
13            (F) an affidavit, notarized by the president or
14        chief executive officer of the third party, that each
15        of its employees has completed a criminal background
16        check as required by Section 10-21.9 of this Code
17        within 3 months prior to submission of the bid,
18        provided that the results of such background checks
19        need not be provided with the submission of the bid,
20        but must be made available upon request of the school
21        board;
22        (4) a contract must not be entered into unless the
23    school board provides a cost comparison, using generally
24    accepted accounting principles, of each and every
25    expenditure category and account that the school board
26    projects it would incur over the term of the contract if it



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1    continued to perform the non-instructional services using
2    its own employees with each and every expenditure category
3    and account that is projected a third party would incur if
4    a third party performed the non-instructional services;
5        (5) review and consideration of all bids by third
6    parties to perform the non-instructional services shall
7    take place in open session of a regularly scheduled school
8    board meeting, unless the exclusive bargaining
9    representative of the employees who perform the
10    non-instructional services, if any such exclusive
11    bargaining representative exists, agrees in writing that
12    such review and consideration can take place in open
13    session at a specially scheduled school board meeting;
14        (6) a minimum of one public hearing, conducted by the
15    school board prior to a regularly scheduled school board
16    meeting, to discuss the school board's proposal to contract
17    with a third party to perform the non-instructional
18    services must be held before the school board may enter
19    into such a contract; the school board must provide notice
20    to the public of the date, time, and location of the first
21    public hearing on or before the initial date that bids to
22    provide the non-instructional services are solicited or a
23    minimum of 30 days prior to entering into such a contract,
24    whichever provides a greater period of notice;
25        (7) a contract shall contain provisions requiring the
26    contractor to offer available employee positions pursuant



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1    to the contract to qualified school district employees
2    whose employment is terminated because of the contract; and
3        (8) a contract shall contain provisions requiring the
4    contractor to comply with a policy of nondiscrimination and
5    equal employment opportunity for all persons and to take
6    affirmative steps to provide equal opportunity for all
7    persons.
8    (b) Notwithstanding subsection (a) of this Section, a board
9of education may enter into a contract, of no longer than 3
10months in duration, with a third party for non-instructional
11services currently performed by an employee or bargaining unit
12member for the purpose of augmenting the current workforce in
13an emergency situation that threatens the safety or health of
14the school district's students or staff, provided that the
15school board meets all of its obligations under the Illinois
16Educational Labor Relations Act.
17    (c) The changes to this Section made by this amendatory Act
18of the 95th General Assembly are not applicable to
19non-instructional services of a school district that on the
20effective date of this amendatory Act of the 95th General
21Assembly are performed for the school district by a third
23    (d) Beginning July 1, 2022, the State Board of Education
24shall review and analyze the cost projection information
25provided by boards of education under subparagraph (D) of
26paragraph (3) of subsection (a) of this Section and determine



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1the effects that the contracts had on school districts and the
2State, including any cost savings and economic benefits. The
3State Board of Education shall complete the review and report
4its findings to the Governor and the General Assembly by
5December 31, 2022.
6    From July 1, 2022 until January 1, 2023, no board of
7education may enter into any new contract with a third party
8for non-instructional services under this Section. However,
9this prohibition shall not affect any contracts entered into
10before July 1, 2022 or renewals of contracts entered into
11before July 1, 2022.
12    Beginning January 1, 2023, boards of education are again
13allowed to enter into contracts with third parties for
14non-instructional services as provided under this Section.
15(Source: P.A. 95-241, eff. 8-17-07; 96-328, eff. 8-11-09.)
16    (105 ILCS 5/22-62 new)
17    Sec. 22-62. Discharge of unfunded mandates.
18    (a) School districts need not comply with and may discharge
19any mandate or requirement placed on school districts by this
20Code or by administrative rules adopted by the State Board of
21Education that is unfunded.
22    (b) Subsection (a) of this Section does not apply to any of
23the following:
24        (1) Laws and rules pertaining to student health, life,
25    or safety.



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1        (2) Federally required mandates, including without
2    limitation compliance with the federal Every Student
3    Succeeds Act.
4        (3) Laws and rules pertaining to civil rights and
5    protections.
6    (c) Before a school district may lawfully discharge an
7unfunded mandate under subsection (a) of this Section, it must
8hold a public hearing and referendum on the matter. The school
9district must post information that sets forth the time, date,
10place, and general subject matter of the public hearing on its
11Internet website at least 14 days prior to the hearing. The
12school district must publish a notice of the public hearing at
13least 7 days prior to the hearing in a newspaper of general
14circulation within the school district that sets forth the
15time, date, place, and general subject matter of the hearing.
16The school district must notify, in writing, the affected
17exclusive collective bargaining agent and those State
18legislators representing the affected territory of its intent
19to discharge an unfunded mandate and of the hearing to be held
20to take testimony from staff. The affected exclusive collective
21bargaining agent must be notified of the public hearing at
22least 7 days prior to the date of the hearing and must be
23allowed to attend the hearing. The school district shall attest
24to compliance with the requirements of this subsection (c).
25    After the public hearing, the question of whether a school
26district may discharge an unfunded mandate must be submitted to



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1the electors of the school district at a regular election and
2approved by a majority of the electors voting on the question.
3The school board must certify the question to the proper
4election authority. The election authority must submit the
5question at an election in accordance with the Election Code,
6which election must be at least 6 months after the public
7hearing was held. The election authority must submit the
8question in substantially the following form:
9    Shall the school board of (name of school district)
10discharge the unfunded mandate or requirement placed on the
11school district by the State concerning (description of the
12mandate or requirement)?
13The election authority must record the votes as "Yes" or "No".
14    If a majority of the electors voting on the question vote
15in the affirmative, the school board may discharge the unfunded
17    (d) A school board shall report each unfunded mandate it
18has discharged under this Section to the State Board of
19Education. The State Board shall compile and report this
20information to the General Assembly each year.
21    (105 ILCS 5/22-60 rep.)
22    Section 10. The School Code is amended by repealing Section



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1    Section 99. Effective date. This Act takes effect upon
2becoming law, but this Act does not take effect at all unless
3Senate Bill 1 of this 100th General Assembly becomes law.".