Bill Text: IL HB2422 | 2021-2022 | 102nd General Assembly | Introduced

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Bill Title: 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.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2021-03-27 - Rule 19(a) / Re-referred to Rules Committee [HB2422 Detail]

Download: Illinois-2021-HB2422-Introduced.html

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102ND GENERAL ASSEMBLY State of Illinois 2021 and 2022 HB2422 Introduced , 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.
LRB102 12989 CMG 18332 b
FISCAL NOTE ACT MAY APPLY
A BILL FOR
HB2422 LRB102 12989 CMG 18332 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) 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

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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

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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

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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

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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

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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.)