Public Act 095-0241
 		





HB1347 Enrolled
LRB095 09063 NHT 29254 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
Notwithstanding any other law of this State, nothing in 
this Code prevents a
board of education may enter
from entering 
into a contract with a third party for
non-instructional 
services currently performed by any employee or bargaining
unit 
member or lay
from laying off those educational support 
personnel employees
upon 90
30 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 
        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 
        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 
    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 
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.

(Source: P.A. 90-548, eff. 1-1-98.)

 
    Section 90. The State Mandates Act is amended by adding 
Section 8.31 as follows:
 
    (30 ILCS 805/8.31 new)
    Sec. 8.31. Exempt mandate. Notwithstanding Sections 6 and 8 
of this Act, no reimbursement by the State is required for the 
implementation of any mandate created by this amendatory Act of 
the 95th General Assembly.
 

    Section 99. Effective date. This Act takes effect upon 
becoming law.