97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB2859

 

Introduced 2/22/2011, by Rep. Roger L. Eddy

 

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

    Amends the School Code. In a Section concerning a school board's contract with a third party for non-instructional services, exempts contracts for the transportation of students from the following requirements: (i) that a third party that submits a bid provide a comparable benefits package for the third party's employees, a list of the number of employees, their job classifications, and their wages, and a minimum 3-year cost projection and (ii) that the contractor offer available employee positions to qualified school district employees whose employment is terminated because of the contract. Effective immediately.


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

 

 

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

 

 

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

 

 

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1member for the purpose of augmenting the current workforce in
2an emergency situation that threatens the safety or health of
3the school district's students or staff, provided that the
4school board meets all of its obligations under the Illinois
5Educational Labor Relations Act.
6    (c) The changes to this Section made by this amendatory Act
7of the 95th General Assembly are not applicable to
8non-instructional services of a school district that on the
9effective date of this amendatory Act of the 95th General
10Assembly are performed for the school district by a third
11party.
12    (d) Items (B), (C), and (D) of subdivision (3) of
13subsection (a) of this Section and subdivision (7) of
14subsection (a) of this Section do not apply to contracts for
15the transportation of students.
16(Source: P.A. 95-241, eff. 8-17-07; 96-328, eff. 8-11-09.)
 
17    Section 99. Effective date. This Act takes effect upon
18becoming law.