Public Act 104-0393
 
SB1799 EnrolledLRB104 08157 LNS 18205 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 board of education may enter into a contract with a 
third party for non-instructional services currently performed 
by any employee or bargaining unit member or lay off those 
educational support personnel employees upon 90 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) As used in this subsection (b), "emergency situation" 
means a sudden and unforeseen event or change in circumstances 
that would result in a near-term interruption of 
non-instructional services that calls for immediate action. 
    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 (i) the 
school board meets all of its obligations under the Illinois 
Educational Labor Relations Act and (ii) the board of 
education posts all vacant positions used for augmenting the 
current workforce on the school district's website, in a 
manner that is easily accessible to the affected bargaining 
unit, if applicable, and the general public, as well as on all 
other platforms on which the board of education advertises its 
vacancies, including, but not limited to, online job portals, 
databases, and social media sites. The board of education must 
post all vacant positions in the manner described in this 
subsection (b) for the entirety of an emergency contract and 
the entirety of any renewed emergency contract until the 
emergency contract expires. 
    A board of education that attempts to renew or enter into 
any new contract of any type whatsoever for any reason 
whatsoever with a third party for non-instructional services 
to augment the current workforce for that same group of 
employees in an emergency situation under this subsection (b) 
2 times must follow all of the steps set forth in paragraph (6) 
of subsection (a) or obtain mutual agreement with the affected 
bargaining unit, if any. The mutual agreement may not be used 
by the affected bargaining unit as a means to compel the board 
of education to reopen the existing collective bargaining 
agreement. The mutual agreement, as codified in a memorandum 
of understanding, must include the development of a 
recruitment and retention plan. The plan may consider, without 
limitation, a timeline for the use of the third party, the 
rationale for the use of the third party, a clear job 
description, a targeted advertising plan, comparable pay and 
benefits, and additional incentives. 
    A board of education that attempts to renew or enter into 
any new contract of any type whatsoever for any reason 
whatsoever with a third party for non-instructional services 
to augment the current workforce for that same group of 
employees in an emergency situation under this subsection (b) 
3 times or more is required to obtain mutual agreement with the 
affected bargaining unit, if any. The mutual agreement may not 
be used by the affected bargaining unit as a means to compel 
the board of education to reopen the existing collective 
bargaining agreement. The mutual agreement, as codified in a 
memorandum of understanding, must include the development of a 
recruitment and retention plan. The plan may consider, without 
limitation, a timeline for the use of the third party, the 
rationale for the use of the third party, a clear job 
description, a targeted advertising plan, comparable pay and 
benefits, and additional incentives. 
    (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. 95-241, eff. 8-17-07; 96-328, eff. 8-11-09.)
 
    Section 99. Effective date. This Act takes effect July 1, 
2026.