Full Text of SB1645 101st General Assembly
SB1645 101ST GENERAL ASSEMBLY |
| | 101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020 SB1645 Introduced 2/15/2019, by Sen. Jason A. Barickman SYNOPSIS AS INTRODUCED: |
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Amends the School Code. With regard to third party non-instructional services, removes a provision requiring a third party that submits a bid to perform 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.
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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,
| 3 | | represented in the General Assembly:
| 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 | | (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:
| 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;
| 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
| 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;
| 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.
| 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.
| 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.
| 13 | | (Source: P.A. 95-241, eff. 8-17-07; 96-328, eff. 8-11-09.)
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