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Public Act 095-0241


 

Public Act 0241 95TH GENERAL ASSEMBLY



 


 
Public Act 095-0241
 
HB1347 Enrolled LRB095 09063 NHT 29254 b

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

Effective Date: 8/17/2007