Illinois 2025-2026 Regular Session

Illinois House Bill HB3573 Compare Versions

Only one version of the bill is available at this time.

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1	1	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB3573 Introduced , by Rep. Nabeela Syed SYNOPSIS AS INTRODUCED: 105 ILCS 5/10-22.34c Amends the School Code. In a provision concerning third party non-instructional services, allows a board of education to enter into a one-time contract (rather than 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 prior to entering into such a contract (rather than not specifying a time period). Defines "emergency situation". Provides that a board of education that attempts to enter into a contract with a third party for non-instructional services, as specified, more than once during a school year is required to receive the mutual agreement of the affected collective bargaining unit or units. Effective immediately. LRB104 08155 LNS 18203 b A BILL FOR 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB3573 Introduced , by Rep. Nabeela Syed SYNOPSIS AS INTRODUCED: 105 ILCS 5/10-22.34c 105 ILCS 5/10-22.34c Amends the School Code. In a provision concerning third party non-instructional services, allows a board of education to enter into a one-time contract (rather than 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 prior to entering into such a contract (rather than not specifying a time period). Defines "emergency situation". Provides that a board of education that attempts to enter into a contract with a third party for non-instructional services, as specified, more than once during a school year is required to receive the mutual agreement of the affected collective bargaining unit or units. Effective immediately. LRB104 08155 LNS 18203 b LRB104 08155 LNS 18203 b A BILL FOR
2	2	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB3573 Introduced , by Rep. Nabeela Syed SYNOPSIS AS INTRODUCED:
3	3	105 ILCS 5/10-22.34c 105 ILCS 5/10-22.34c
4	4	105 ILCS 5/10-22.34c
5	5	Amends the School Code. In a provision concerning third party non-instructional services, allows a board of education to enter into a one-time contract (rather than 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 prior to entering into such a contract (rather than not specifying a time period). Defines "emergency situation". Provides that a board of education that attempts to enter into a contract with a third party for non-instructional services, as specified, more than once during a school year is required to receive the mutual agreement of the affected collective bargaining unit or units. Effective immediately.
6	6	LRB104 08155 LNS 18203 b LRB104 08155 LNS 18203 b
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8	8	A BILL FOR
9	9	HB3573LRB104 08155 LNS 18203 b HB3573 LRB104 08155 LNS 18203 b
10	10	HB3573 LRB104 08155 LNS 18203 b
11	11	1 AN ACT concerning education.
12	12	2 Be it enacted by the People of the State of Illinois,
13	13	3 represented in the General Assembly:
14	14	4 Section 5. The School Code is amended by changing Section
15	15	5 10-22.34c as follows:
16	16	6 (105 ILCS 5/10-22.34c)
17	17	7 Sec. 10-22.34c. Third party non-instructional services.
18	18	8 (a) A board of education may enter into a contract with a
19	19	9 third party for non-instructional services currently performed
20	20	10 by any employee or bargaining unit member or lay off those
21	21	11 educational support personnel employees upon 90 days written
22	22	12 notice to the affected employees, provided that:
23	23	13 (1) a contract must not be entered into and become
24	24	14 effective during the term of a collective bargaining
25	25	15 agreement, as that term is set forth in the agreement,
26	26	16 covering any employees who perform the non-instructional
27	27	17 services;
28	28	18 (2) a contract may only take effect upon the
29	29	19 expiration of an existing collective bargaining agreement;
30	30	20 (3) any third party that submits a bid to perform the
31	31	21 non-instructional services shall provide the following:
32	32	22 (A) evidence of liability insurance in scope and
33	33	23 amount equivalent to the liability insurance provided
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37	37	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB3573 Introduced , by Rep. Nabeela Syed SYNOPSIS AS INTRODUCED:
38	38	105 ILCS 5/10-22.34c 105 ILCS 5/10-22.34c
39	39	105 ILCS 5/10-22.34c
40	40	Amends the School Code. In a provision concerning third party non-instructional services, allows a board of education to enter into a one-time contract (rather than 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 prior to entering into such a contract (rather than not specifying a time period). Defines "emergency situation". Provides that a board of education that attempts to enter into a contract with a third party for non-instructional services, as specified, more than once during a school year is required to receive the mutual agreement of the affected collective bargaining unit or units. Effective immediately.
41	41	LRB104 08155 LNS 18203 b LRB104 08155 LNS 18203 b
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49	49	105 ILCS 5/10-22.34c
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68	68	1 by the school board pursuant to Section 10-22.3 of
69	69	2 this Code;
70	70	3 (B) a benefits package for the third party's
71	71	4 employees who will perform the non-instructional
72	72	5 services comparable to the benefits package provided
73	73	6 to school board employees who perform those services;
74	74	7 (C) a list of the number of employees who will
75	75	8 provide the non-instructional services, the job
76	76	9 classifications of those employees, and the wages the
77	77	10 third party will pay those employees;
78	78	11 (D) a minimum 3-year cost projection, using
79	79	12 generally accepted accounting principles and which the
80	80	13 third party is prohibited from increasing if the bid
81	81	14 is accepted by the school board, for each and every
82	82	15 expenditure category and account for performing the
83	83	16 non-instructional services;
84	84	17 (E) composite information about the criminal and
85	85	18 disciplinary records, including alcohol or other
86	86	19 substance abuse, Department of Children and Family
87	87	20 Services complaints and investigations, traffic
88	88	21 violations, and license revocations or any other
89	89	22 licensure problems, of any employees who may perform
90	90	23 the non-instructional services, provided that the
91	91	24 individual names and other identifying information of
92	92	25 employees need not be provided with the submission of
93	93	26 the bid, but must be made available upon request of the
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104	104	1 school board; and
105	105	2 (F) an affidavit, notarized by the president or
106	106	3 chief executive officer of the third party, that each
107	107	4 of its employees has completed a criminal background
108	108	5 check as required by Section 10-21.9 of this Code
109	109	6 within 3 months prior to submission of the bid,
110	110	7 provided that the results of such background checks
111	111	8 need not be provided with the submission of the bid,
112	112	9 but must be made available upon request of the school
113	113	10 board;
114	114	11 (4) a contract must not be entered into unless the
115	115	12 school board provides a cost comparison, using generally
116	116	13 accepted accounting principles, of each and every
117	117	14 expenditure category and account that the school board
118	118	15 projects it would incur over the term of the contract if it
119	119	16 continued to perform the non-instructional services using
120	120	17 its own employees with each and every expenditure category
121	121	18 and account that is projected a third party would incur if
122	122	19 a third party performed the non-instructional services;
123	123	20 (5) review and consideration of all bids by third
124	124	21 parties to perform the non-instructional services shall
125	125	22 take place in open session of a regularly scheduled school
126	126	23 board meeting, unless the exclusive bargaining
127	127	24 representative of the employees who perform the
128	128	25 non-instructional services, if any such exclusive
129	129	26 bargaining representative exists, agrees in writing that
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140	140	1 such review and consideration can take place in open
141	141	2 session at a specially scheduled school board meeting;
142	142	3 (6) a minimum of one public hearing, conducted by the
143	143	4 school board prior to a regularly scheduled school board
144	144	5 meeting, to discuss the school board's proposal to
145	145	6 contract with a third party to perform the
146	146	7 non-instructional services must be held before the school
147	147	8 board may enter into such a contract; the school board
148	148	9 must provide notice to the public of the date, time, and
149	149	10 location of the first public hearing on or before the
150	150	11 initial date that bids to provide the non-instructional
151	151	12 services are solicited or a minimum of 30 days prior to
152	152	13 entering into such a contract, whichever provides a
153	153	14 greater period of notice;
154	154	15 (7) a contract shall contain provisions requiring the
155	155	16 contractor to offer available employee positions pursuant
156	156	17 to the contract to qualified school district employees
157	157	18 whose employment is terminated because of the contract;
158	158	19 and
159	159	20 (8) a contract shall contain provisions requiring the
160	160	21 contractor to comply with a policy of nondiscrimination
161	161	22 and equal employment opportunity for all persons and to
162	162	23 take affirmative steps to provide equal opportunity for
163	163	24 all persons.
164	164	25 (b) As used in this subsection (b), "emergency situation"
165	165	26 means a sudden and unforeseen event or change in circumstances
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176	176	1 that calls for immediate action.
177	177	2 Notwithstanding subsection (a) of this Section, a board of
178	178	3 education may enter into a one-time contract, of no longer
179	179	4 than 3 months in duration, with a third party for
180	180	5 non-instructional services currently performed by an employee
181	181	6 or bargaining unit member for the purpose of augmenting the
182	182	7 current workforce in an emergency situation that threatens the
183	183	8 safety or health of the school district's students or staff,
184	184	9 provided that the school board meets all of its obligations
185	185	10 under the Illinois Educational Labor Relations Act prior to
186	186	11 entering into such a contract.
187	187	12 A board of education that attempts to enter into a
188	188	13 contract with a third party for non-instructional services
189	189	14 under this subsection (b) more than once during a school year
190	190	15 is required to receive the mutual agreement of the affected
191	191	16 collective bargaining unit or units.
192	192	17 (c) The changes to this Section made by this amendatory
193	193	18 Act of the 95th General Assembly are not applicable to
194	194	19 non-instructional services of a school district that on the
195	195	20 effective date of this amendatory Act of the 95th General
196	196	21 Assembly are performed for the school district by a third
197	197	22 party.
198	198	23 (Source: P.A. 95-241, eff. 8-17-07; 96-328, eff. 8-11-09.)
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