Full Text of SB2250 97th General Assembly
SB2250sam001 97TH GENERAL ASSEMBLY | Sen. Chris Lauzen Filed: 3/8/2011
| | 09700SB2250sam001 | | LRB097 10353 NHT 51238 a |
|
| 1 | | AMENDMENT TO SENATE BILL 2250
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 2250 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The School Code is amended by changing Section | 5 | | 10-22.34c as follows:
| 6 | | (105 ILCS 5/10-22.34c)
| 7 | | Sec. 10-22.34c. Third party non-instructional services. | 8 | | Notwithstanding any other law of this State, nothing in this | 9 | | Code prevents a (a) A
board of education from entering may | 10 | | enter into a contract with a third party for
non-instructional | 11 | | services currently performed by any employee or bargaining
unit | 12 | | member or from laying lay off those educational support | 13 | | personnel employees
upon 30 90 days
written notice to
the | 14 | | affected employees . , provided that: | 15 | | (1) a contract must not be entered into and become | 16 | | effective during the term of a collective bargaining |
| | | 09700SB2250sam001 | - 2 - | LRB097 10353 NHT 51238 a |
|
| 1 | | agreement, as that term is set forth in the agreement, | 2 | | covering any employees who perform the non-instructional | 3 | | services; | 4 | | (2) a contract may only take effect upon the expiration | 5 | | of an existing collective bargaining agreement; | 6 | | (3) any third party that submits a bid to perform the | 7 | | non-instructional services shall provide the following:
| 8 | | (A) evidence of liability insurance in scope and | 9 | | amount equivalent to the liability insurance provided | 10 | | by the school board pursuant to Section 10-22.3 of this | 11 | | Code;
| 12 | | (B) a benefits package for the third party's | 13 | | employees who will perform the non-instructional | 14 | | services comparable to the benefits package provided | 15 | | to school board employees who perform those services; | 16 | | (C) a list of the number of employees who will | 17 | | provide the non-instructional services, the job | 18 | | classifications of those employees, and the wages the | 19 | | third party will pay those employees; | 20 | | (D) a minimum 3-year cost projection, using | 21 | | generally accepted accounting principles and which the | 22 | | third party is prohibited from increasing if the bid is | 23 | | accepted by the school board, for each and every | 24 | | expenditure category and account for performing the | 25 | | non-instructional services; | 26 | | (E) composite information about the criminal and |
| | | 09700SB2250sam001 | - 3 - | LRB097 10353 NHT 51238 a |
|
| 1 | | disciplinary records, including alcohol or other | 2 | | substance abuse, Department of Children and Family | 3 | | Services complaints and investigations, traffic | 4 | | violations, and license revocations or any other | 5 | | licensure problems, of any employees who may perform | 6 | | the non-instructional services, provided that the | 7 | | individual names and other identifying information of | 8 | | employees need not be provided with the submission of | 9 | | the bid, but must be made available upon request of the | 10 | | school board; and
| 11 | | (F) an affidavit, notarized by the president or | 12 | | chief executive officer of the third party, that each | 13 | | of its employees has completed a criminal background | 14 | | check as required by Section 10-21.9 of this Code | 15 | | within 3 months prior to submission of the bid, | 16 | | provided that the results of such background checks | 17 | | need not be provided with the submission of the bid, | 18 | | but must be made available upon request of the school | 19 | | board;
| 20 | | (4) a contract must not be entered into unless the | 21 | | school board provides a cost comparison, using generally | 22 | | accepted accounting principles, of each and every | 23 | | expenditure category and account that the school board | 24 | | projects it would incur over the term of the contract if it | 25 | | continued to perform the non-instructional services using | 26 | | its own employees with each and every expenditure category |
| | | 09700SB2250sam001 | - 4 - | LRB097 10353 NHT 51238 a |
|
| 1 | | and account that is projected a third party would incur if | 2 | | a third party performed the non-instructional services; | 3 | | (5) review and consideration of all bids by third | 4 | | parties to perform the non-instructional services shall | 5 | | take place in open session of a regularly scheduled school | 6 | | board meeting, unless the exclusive bargaining | 7 | | representative of the employees who perform the | 8 | | non-instructional services, if any such exclusive | 9 | | bargaining representative exists, agrees in writing that | 10 | | such review and consideration can take place in open | 11 | | session at a specially scheduled school board meeting; | 12 | | (6) a minimum of one public hearing, conducted by the | 13 | | school board prior to a regularly scheduled school board | 14 | | meeting, to discuss the school board's proposal to contract | 15 | | with a third party to perform the non-instructional | 16 | | services must be held before the school board may enter | 17 | | into such a contract; the school board must provide notice | 18 | | to the public of the date, time, and location of the first | 19 | | public hearing on or before the initial date that bids to | 20 | | provide the non-instructional services are solicited or a | 21 | | minimum of 30 days prior to entering into such a contract, | 22 | | whichever provides a greater period of notice; | 23 | | (7) a contract shall contain provisions requiring the | 24 | | contractor to offer available employee positions pursuant | 25 | | to the contract to qualified school district employees | 26 | | whose employment is terminated because of the contract; and |
| | | 09700SB2250sam001 | - 5 - | LRB097 10353 NHT 51238 a |
|
| 1 | | (8) a contract shall contain provisions requiring the | 2 | | contractor to comply with a policy of nondiscrimination and | 3 | | equal employment opportunity for all persons and to take | 4 | | affirmative steps to provide equal opportunity for all | 5 | | persons.
| 6 | | (b) Notwithstanding subsection (a) of this Section, a board | 7 | | of education may enter into a contract, of no longer than 3 | 8 | | months in duration, with a third party for non-instructional | 9 | | services currently performed by an employee or bargaining unit | 10 | | member for the purpose of augmenting the current workforce in | 11 | | an emergency situation that threatens the safety or health of | 12 | | the school district's students or staff, provided that the | 13 | | school board meets all of its obligations under the Illinois | 14 | | Educational Labor Relations Act.
| 15 | | (c) The changes to this Section made by this amendatory Act | 16 | | of the 95th General Assembly are not applicable to | 17 | | non-instructional services of a school district that on the | 18 | | effective date of this amendatory Act of the 95th General | 19 | | Assembly are performed for the school district by a third | 20 | | party.
| 21 | | (Source: P.A. 95-241, eff. 8-17-07; 96-328, eff. 8-11-09.)".
|
|