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LRB095 09063 NHT 29254 b |
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| AN ACT concerning education.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The School Code is amended by changing Section |
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| 10-22.34c as follows:
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| (105 ILCS 5/10-22.34c)
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| Sec. 10-22.34c. Third party non-instructional services. |
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| (a) A
Notwithstanding any other law of this State, nothing in |
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| this Code prevents a
board of education may enter
from entering |
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| into a contract with a third party for
non-instructional |
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| services currently performed by any employee or bargaining
unit |
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| member or lay
from laying off those educational support |
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| personnel employees
upon 90
30 days
written notice to
the |
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| affected employees , provided that: |
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| (1) a contract must not be entered into and become |
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| effective during the term of a collective bargaining |
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| agreement, as that term is set forth in the agreement, |
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| covering any employees who perform the non-instructional |
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| services; |
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| (2) a contract may only take effect upon the expiration |
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| of an existing collective bargaining agreement; |
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| (3) any third party that submits a bid to perform the |
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| non-instructional services shall provide the following:
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| (A) evidence of liability insurance in scope and |
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| amount equivalent to the liability insurance provided |
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| by the school board pursuant to Section 10-22.3 of this |
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| Code;
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| (B) a benefits package for the third party's |
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| employees who will perform the non-instructional |
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| services comparable to the benefits package provided |
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| to school board employees who perform those services; |
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| (C) a list of the number of employees who will |
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| provide the non-instructional services, the job |
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| classifications of those employees, and the wages the |
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| third party will pay those employees; |
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| (D) a minimum 3-year cost projection, using |
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| generally accepted accounting principles and which the |
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| third party is prohibited from increasing if the bid is |
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| accepted by the school board, for each and every |
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| expenditure category and account for performing the |
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| non-instructional services; |
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| (E) composite information about the criminal and |
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| disciplinary records, including alcohol or other |
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| substance abuse, Department of Children and Family |
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| Services complaints and investigations, traffic |
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| violations, and license revocations or any other |
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| licensure problems, of any employees who may perform |
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| the non-instructional services, provided that the |
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| individual names and other identifying information of |
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LRB095 09063 NHT 29254 b |
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| employees need not be provided with the submission of |
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| the bid, but must be made available upon request of the |
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| school board; and
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| (F) an affidavit, notarized by the president or |
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| chief executive officer of the third party, that each |
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| of its employees has completed a criminal background |
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| check as required by Section 10-21.9 of this Code |
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| within 3 months prior to submission of the bid, |
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| provided that the results of such background checks |
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| need not be provided with the submission of the bid, |
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| but must be made available upon request of the school |
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| board.
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| (4) a contract must not be entered into unless the |
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| school board provides a cost comparison, using generally |
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| accepted accounting principles, of each and every |
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| expenditure category and account that the school board |
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| projects it would incur over the term of the contract if it |
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| continued to perform the non-instructional services using |
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| its own employees with each and every expenditure category |
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| and account that is projected a third party would incur if |
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| a third party performed the non-instructional services; |
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| (5) review and consideration of all bids by third |
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| parties to perform the non-instructional services shall |
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| take place in open session of a regularly scheduled school |
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| board meeting, unless the exclusive bargaining |
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| representative of the employees who perform the |
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| non-instructional services, if any such exclusive |
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| bargaining representative exists, agrees in writing that |
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| such review and consideration can take place in open |
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| session at a specially scheduled school board meeting; |
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| (6) a minimum of one public hearing, conducted by the |
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| school board prior to a regularly scheduled school board |
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| meeting, to discuss the school board's proposal to contract |
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| with a third party to perform the non-instructional |
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| services must be held before the school board may enter |
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| into such a contract; the school board must provide notice |
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| to the public of the date, time, and location of the first |
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| public hearing on or before the initial date that bids to |
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| provide the non-instructional services are solicited or a |
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| minimum of 30 days prior to entering into such a contract, |
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| whichever provides a greater period of notice; |
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| (7) a contract shall contain provisions requiring the |
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| contractor to offer available employee positions pursuant |
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| to the contract to qualified school district employees |
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| whose employment is terminated because of the contract; and |
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| (8) a contract shall contain provisions requiring the |
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| contractor to comply with a policy of nondiscrimination and |
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| equal employment opportunity for all persons and to take |
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| affirmative steps to provide equal opportunity for all |
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| persons .
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| (b) Notwithstanding subsection (a) of this Section, a board |
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| of education may enter into a contract, of no longer than 3 |
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LRB095 09063 NHT 29254 b |
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| months in duration, with a third party for non-instructional |
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| services currently performed by an employee or bargaining unit |
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| member for the purpose of augmenting the current workforce in |
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| an emergency situation that threatens the safety or health of |
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| the school district's students or staff, provided that the |
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| school board meets all of its obligations under the Illinois |
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| Educational Labor Relations Act.
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| (c) The changes to this Section made by this amendatory Act |
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| of the 95th General Assembly are not applicable to |
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| non-instructional services of a school district that on the |
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| effective date of this amendatory Act of the 95th General |
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| Assembly are performed for the school district by a third |
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| party.
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| (Source: P.A. 90-548, eff. 1-1-98.)
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| Section 90. The State Mandates Act is amended by adding |
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| Section 8.31 as follows: |
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| (30 ILCS 805/8.31 new) |
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| Sec. 8.31. Exempt mandate. Notwithstanding Sections 6 and 8 |
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| of this Act, no reimbursement by the State is required for the |
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| implementation of any mandate created by this amendatory Act of |
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| the 95th General Assembly.
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| Section 99. Effective date. This Act takes effect upon |
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| becoming law.
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