Bill Text: IL HB5800 | 2017-2018 | 100th General Assembly | Introduced
Bill Title: Amends the School Code. In provisions 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, removes a provision that requires any third party that submits a bid to perform the non-instructional services to provide 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.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2019-01-08 - Session Sine Die [HB5800 Detail]
Download: Illinois-2017-HB5800-Introduced.html
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1 | AN ACT concerning education.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The School Code is amended by changing Section | ||||||||||||||||||||||||
5 | 10-22.34c as follows:
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6 | (105 ILCS 5/10-22.34c)
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7 | Sec. 10-22.34c. Third party non-instructional services. | ||||||||||||||||||||||||
8 | (a) A
board of education may enter into a contract with a | ||||||||||||||||||||||||
9 | third party for
non-instructional services currently performed | ||||||||||||||||||||||||
10 | by any employee or bargaining
unit member or lay off those | ||||||||||||||||||||||||
11 | educational support personnel employees
upon 90 days
written | ||||||||||||||||||||||||
12 | notice to
the affected employees, provided that: | ||||||||||||||||||||||||
13 | (1) a contract must not be entered into and become | ||||||||||||||||||||||||
14 | effective during the term of a collective bargaining | ||||||||||||||||||||||||
15 | agreement, as that term is set forth in the agreement, | ||||||||||||||||||||||||
16 | covering any employees who perform the non-instructional | ||||||||||||||||||||||||
17 | services; | ||||||||||||||||||||||||
18 | (2) a contract may only take effect upon the expiration | ||||||||||||||||||||||||
19 | of an existing collective bargaining agreement; | ||||||||||||||||||||||||
20 | (3) any third party that submits a bid to perform the | ||||||||||||||||||||||||
21 | non-instructional services shall provide the following:
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22 | (A) evidence of liability insurance in scope and | ||||||||||||||||||||||||
23 | amount equivalent to the liability insurance provided |
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1 | by the school board pursuant to Section 10-22.3 of this | ||||||
2 | Code;
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3 | (B) (blank); a benefits package for the third | ||||||
4 | party's employees who will perform the | ||||||
5 | non-instructional services comparable to the benefits | ||||||
6 | package provided to school board employees who perform | ||||||
7 | those services; | ||||||
8 | (C) a list of the number of employees who will | ||||||
9 | provide the non-instructional services, the job | ||||||
10 | classifications of those employees, and the wages the | ||||||
11 | third party will pay those employees; | ||||||
12 | (D) a minimum 3-year cost projection, using | ||||||
13 | generally accepted accounting principles and which the | ||||||
14 | third party is prohibited from increasing if the bid is | ||||||
15 | accepted by the school board, for each and every | ||||||
16 | expenditure category and account for performing the | ||||||
17 | non-instructional services; | ||||||
18 | (E) composite information about the criminal and | ||||||
19 | disciplinary records, including alcohol or other | ||||||
20 | substance abuse, Department of Children and Family | ||||||
21 | Services complaints and investigations, traffic | ||||||
22 | violations, and license revocations or any other | ||||||
23 | licensure problems, of any employees who may perform | ||||||
24 | the non-instructional services, provided that the | ||||||
25 | individual names and other identifying information of | ||||||
26 | employees need not be provided with the submission of |
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1 | the bid, but must be made available upon request of the | ||||||
2 | school board; and
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3 | (F) an affidavit, notarized by the president or | ||||||
4 | chief executive officer of the third party, that each | ||||||
5 | of its employees has completed a criminal background | ||||||
6 | check as required by Section 10-21.9 of this Code | ||||||
7 | within 3 months prior to submission of the bid, | ||||||
8 | provided that the results of such background checks | ||||||
9 | need not be provided with the submission of the bid, | ||||||
10 | but must be made available upon request of the school | ||||||
11 | board;
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12 | (4) a contract must not be entered into unless the | ||||||
13 | school board provides a cost comparison, using generally | ||||||
14 | accepted accounting principles, of each and every | ||||||
15 | expenditure category and account that the school board | ||||||
16 | projects it would incur over the term of the contract if it | ||||||
17 | continued to perform the non-instructional services using | ||||||
18 | its own employees with each and every expenditure category | ||||||
19 | and account that is projected a third party would incur if | ||||||
20 | a third party performed the non-instructional services; | ||||||
21 | (5) review and consideration of all bids by third | ||||||
22 | parties to perform the non-instructional services shall | ||||||
23 | take place in open session of a regularly scheduled school | ||||||
24 | board meeting, unless the exclusive bargaining | ||||||
25 | representative of the employees who perform the | ||||||
26 | non-instructional services, if any such exclusive |
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1 | bargaining representative exists, agrees in writing that | ||||||
2 | such review and consideration can take place in open | ||||||
3 | session at a specially scheduled school board meeting; | ||||||
4 | (6) a minimum of one public hearing, conducted by the | ||||||
5 | school board prior to a regularly scheduled school board | ||||||
6 | meeting, to discuss the school board's proposal to contract | ||||||
7 | with a third party to perform the non-instructional | ||||||
8 | services must be held before the school board may enter | ||||||
9 | into such a contract; the school board must provide notice | ||||||
10 | to the public of the date, time, and location of the first | ||||||
11 | public hearing on or before the initial date that bids to | ||||||
12 | provide the non-instructional services are solicited or a | ||||||
13 | minimum of 30 days prior to entering into such a contract, | ||||||
14 | whichever provides a greater period of notice; | ||||||
15 | (7) a contract shall contain provisions requiring the | ||||||
16 | contractor to offer available employee positions pursuant | ||||||
17 | to the contract to qualified school district employees | ||||||
18 | whose employment is terminated because of the contract; and | ||||||
19 | (8) a contract shall contain provisions requiring the | ||||||
20 | contractor to comply with a policy of nondiscrimination and | ||||||
21 | equal employment opportunity for all persons and to take | ||||||
22 | affirmative steps to provide equal opportunity for all | ||||||
23 | persons.
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24 | (b) Notwithstanding subsection (a) of this Section, a board | ||||||
25 | of education may enter into a contract, of no longer than 3 | ||||||
26 | months in duration, with a third party for non-instructional |
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1 | services currently performed by an employee or bargaining unit | ||||||
2 | member for the purpose of augmenting the current workforce in | ||||||
3 | an emergency situation that threatens the safety or health of | ||||||
4 | the school district's students or staff, provided that the | ||||||
5 | school board meets all of its obligations under the Illinois | ||||||
6 | Educational Labor Relations Act.
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7 | (c) The changes to this Section made by this amendatory Act | ||||||
8 | of the 95th General Assembly are not applicable to | ||||||
9 | non-instructional services of a school district that on the | ||||||
10 | effective date of this amendatory Act of the 95th General | ||||||
11 | Assembly are performed for the school district by a third | ||||||
12 | party.
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13 | (Source: P.A. 95-241, eff. 8-17-07; 96-328, eff. 8-11-09.)
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