HB2422 102ND GENERAL ASSEMBLY

LRB102 12989 CMG 18332 b

102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB2422

Introduced 2/17/2021, 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.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

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) Except as otherwise provided in subsection (d), a A board of education may enter into a contract with a third party for non-instructional services currently performed by any employee or bargaining unit member or lay off those educational support personnel employees upon 90 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 or in the event of a disaster as defined in Section 4 of the Illinois Emergency Management Agency Act, provided that the school board meets all of its obligations under the Illinois Educational Labor Relations Act. However, if, at the end of a contract that was entered into under this subsection (b), 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.

(c) The changes to this Section made by Public Act 95-241 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 (i) on August 17, 2007 (the effective date of Public Act 95-241) or (ii) pursuant to a contract entered into during any fiscal year in which the changes made to this Section by Public Act 95-241 do not apply pursuant to subsection (d) of this Section.

(d) The changes to this Section made by Public Act 95-241 do not apply to a school board if the school district's most recent Final Percent of Adequacy, as defined in paragraph (4) of subsection (f) of Section 18-8.15 of this Code, is less than 85%. Notwithstanding any other provision of this Code to the contrary, a school board whose most recent Final Percent of Adequacy is less than 85% may 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 in accordance with Section 10-23.5 of this Code, provided that the affected employee receives written notice of the removal or dismissal at least 30 days before the employee is removed or dismissed.

(Source: P.A. 95-241, eff. 8-17-07; 96-328, eff. 8-11-09.)