Bill Text: IL HB2444 | 2017-2018 | 100th General Assembly | Introduced


Bill Title: Amends the School Code with respect to a provision concerning third party non-instructional services. Provides that, notwithstanding any other law of this State, nothing in the Code prevents a board of education from entering into a contract with a third party for non-instructional services currently performed by any employee or bargaining unit member or from laying off those educational support personnel employees upon 30 days written notice to the affected employees (instead of allowing a board of education to 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 if certain conditions are met). Effective immediately.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced) 2017-03-31 - Rule 19(a) / Re-referred to Rules Committee [HB2444 Detail]

Download: Illinois-2017-HB2444-Introduced.html


100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB2444

Introduced , by Rep. Thomas M. Bennett

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

Amends the School Code with respect to a provision concerning third party non-instructional services. Provides that, notwithstanding any other law of this State, nothing in the Code prevents a board of education from entering into a contract with a third party for non-instructional services currently performed by any employee or bargaining unit member or from laying off those educational support personnel employees upon 30 days written notice to the affected employees (instead of allowing a board of education to 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 if certain conditions are met). 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.
8Notwithstanding any other law of this State, nothing in this
9Code prevents a (a) A board of education from entering may
10enter into a contract with a third party for non-instructional
11services currently performed by any employee or bargaining unit
12member or from laying lay off those educational support
13personnel employees upon 30 90 days written notice to the
14affected employees. , provided that:
15 (1) a contract must not be entered into and become
16 effective during the term of a collective bargaining
17 agreement, as that term is set forth in the agreement,
18 covering any employees who perform the non-instructional
19 services;
20 (2) a contract may only take effect upon the expiration
21 of an existing collective bargaining agreement;
22 (3) any third party that submits a bid to perform the
23 non-instructional services shall provide the following:

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1 (A) evidence of liability insurance in scope and
2 amount equivalent to the liability insurance provided
3 by the school board pursuant to Section 10-22.3 of this
4 Code;
5 (B) a benefits package for the third party's
6 employees who will perform the non-instructional
7 services comparable to the benefits package provided
8 to school board employees who perform those services;
9 (C) a list of the number of employees who will
10 provide the non-instructional services, the job
11 classifications of those employees, and the wages the
12 third party will pay those employees;
13 (D) a minimum 3-year cost projection, using
14 generally accepted accounting principles and which the
15 third party is prohibited from increasing if the bid is
16 accepted by the school board, for each and every
17 expenditure category and account for performing the
18 non-instructional services;
19 (E) composite information about the criminal and
20 disciplinary records, including alcohol or other
21 substance abuse, Department of Children and Family
22 Services complaints and investigations, traffic
23 violations, and license revocations or any other
24 licensure problems, of any employees who may perform
25 the non-instructional services, provided that the
26 individual names and other identifying information of

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

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

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