Bill Text: IL HB2859 | 2011-2012 | 97th General Assembly | Introduced

---

Bill Title: 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.

Sponsorship: Partisan Bill (Republican 1)

Status: (Failed) 2013-01-08 - Session Sine Die [HB2859 Detail]

Download: Illinois-2011-HB2859-Introduced.html

---

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.
LRB097 08205 NHT 48330 b
FISCAL NOTE ACT MAY APPLY
A BILL FOR
HB2859 LRB097 08205 NHT 48330 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 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

HB2859 - 2 - LRB097 08205 NHT 48330 b
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

HB2859 - 3 - LRB097 08205 NHT 48330 b
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

HB2859 - 4 - LRB097 08205 NHT 48330 b
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

HB2859 - 5 - LRB097 08205 NHT 48330 b
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.
(d) Items (B), (C), and (D) of subdivision (3) of
subsection (a) of this Section and subdivision (7) of
subsection (a) of this Section do not apply to contracts for
the transportation of students.
(Source: P.A. 95-241, eff. 8-17-07; 96-328, eff. 8-11-09.)
Section 99. Effective date. This Act takes effect upon
becoming law.