Illinois 2025-2026 Regular Session

Illinois Senate Bill SB1799 Compare Versions

Version 1 (Old)

Version 2 (New)

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1		-	SB1799 EngrossedLRB104 08157 LNS 18205 b SB1799 Engrossed LRB104 08157 LNS 18205 b
2		-	SB1799 Engrossed LRB104 08157 LNS 18205 b
	1	+	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB1799 Introduced 2/5/2025, by Sen. Ram Villivalam 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 08157 LNS 18205 b A BILL FOR 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB1799 Introduced 2/5/2025, by Sen. Ram Villivalam 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 08157 LNS 18205 b LRB104 08157 LNS 18205 b A BILL FOR
	2	+	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB1799 Introduced 2/5/2025, by Sen. Ram Villivalam SYNOPSIS AS INTRODUCED:
	3	+	105 ILCS 5/10-22.34c 105 ILCS 5/10-22.34c
	4	+	105 ILCS 5/10-22.34c
	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	+	LRB104 08157 LNS 18205 b LRB104 08157 LNS 18205 b
	7	+	LRB104 08157 LNS 18205 b
	8	+	A BILL FOR
	9	+	SB1799LRB104 08157 LNS 18205 b SB1799 LRB104 08157 LNS 18205 b
	10	+	SB1799 LRB104 08157 LNS 18205 b
3	11		1 AN ACT concerning education.
4	12		2 Be it enacted by the People of the State of Illinois,
5	13		3 represented in the General Assembly:
6	14		4 Section 5. The School Code is amended by changing Section
7	15		5 10-22.34c as follows:
8	16		6 (105 ILCS 5/10-22.34c)
9	17		7 Sec. 10-22.34c. Third party non-instructional services.
10	18		8 (a) A board of education may enter into a contract with a
11	19		9 third party for non-instructional services currently performed
12	20		10 by any employee or bargaining unit member or lay off those
13	21		11 educational support personnel employees upon 90 days written
14	22		12 notice to the affected employees, provided that:
15	23		13 (1) a contract must not be entered into and become
16	24		14 effective during the term of a collective bargaining
17	25		15 agreement, as that term is set forth in the agreement,
18	26		16 covering any employees who perform the non-instructional
19	27		17 services;
20	28		18 (2) a contract may only take effect upon the
21	29		19 expiration of an existing collective bargaining agreement;
22	30		20 (3) any third party that submits a bid to perform the
23	31		21 non-instructional services shall provide the following:
24	32		22 (A) evidence of liability insurance in scope and
25	33		23 amount equivalent to the liability insurance provided
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	37	+	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB1799 Introduced 2/5/2025, by Sen. Ram Villivalam SYNOPSIS AS INTRODUCED:
	38	+	105 ILCS 5/10-22.34c 105 ILCS 5/10-22.34c
	39	+	105 ILCS 5/10-22.34c
	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	+	LRB104 08157 LNS 18205 b LRB104 08157 LNS 18205 b
	42	+	LRB104 08157 LNS 18205 b
	43	+	A BILL FOR
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	49	+	105 ILCS 5/10-22.34c
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34	68		1 by the school board pursuant to Section 10-22.3 of
35	69		2 this Code;
36	70		3 (B) a benefits package for the third party's
37	71		4 employees who will perform the non-instructional
38	72		5 services comparable to the benefits package provided
39	73		6 to school board employees who perform those services;
40	74		7 (C) a list of the number of employees who will
41	75		8 provide the non-instructional services, the job
42	76		9 classifications of those employees, and the wages the
43	77		10 third party will pay those employees;
44	78		11 (D) a minimum 3-year cost projection, using
45	79		12 generally accepted accounting principles and which the
46	80		13 third party is prohibited from increasing if the bid
47	81		14 is accepted by the school board, for each and every
48	82		15 expenditure category and account for performing the
49	83		16 non-instructional services;
50	84		17 (E) composite information about the criminal and
51	85		18 disciplinary records, including alcohol or other
52	86		19 substance abuse, Department of Children and Family
53	87		20 Services complaints and investigations, traffic
54	88		21 violations, and license revocations or any other
55	89		22 licensure problems, of any employees who may perform
56	90		23 the non-instructional services, provided that the
57	91		24 individual names and other identifying information of
58	92		25 employees need not be provided with the submission of
59	93		26 the bid, but must be made available upon request of the
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70	104		1 school board; and
71	105		2 (F) an affidavit, notarized by the president or
72	106		3 chief executive officer of the third party, that each
73	107		4 of its employees has completed a criminal background
74	108		5 check as required by Section 10-21.9 of this Code
75	109		6 within 3 months prior to submission of the bid,
76	110		7 provided that the results of such background checks
77	111		8 need not be provided with the submission of the bid,
78	112		9 but must be made available upon request of the school
79	113		10 board;
80	114		11 (4) a contract must not be entered into unless the
81	115		12 school board provides a cost comparison, using generally
82	116		13 accepted accounting principles, of each and every
83	117		14 expenditure category and account that the school board
84	118		15 projects it would incur over the term of the contract if it
85	119		16 continued to perform the non-instructional services using
86	120		17 its own employees with each and every expenditure category
87	121		18 and account that is projected a third party would incur if
88	122		19 a third party performed the non-instructional services;
89	123		20 (5) review and consideration of all bids by third
90	124		21 parties to perform the non-instructional services shall
91	125		22 take place in open session of a regularly scheduled school
92	126		23 board meeting, unless the exclusive bargaining
93	127		24 representative of the employees who perform the
94	128		25 non-instructional services, if any such exclusive
95	129		26 bargaining representative exists, agrees in writing that
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106	140		1 such review and consideration can take place in open
107	141		2 session at a specially scheduled school board meeting;
108	142		3 (6) a minimum of one public hearing, conducted by the
109	143		4 school board prior to a regularly scheduled school board
110	144		5 meeting, to discuss the school board's proposal to
111	145		6 contract with a third party to perform the
112	146		7 non-instructional services must be held before the school
113	147		8 board may enter into such a contract; the school board
114	148		9 must provide notice to the public of the date, time, and
115	149		10 location of the first public hearing on or before the
116	150		11 initial date that bids to provide the non-instructional
117	151		12 services are solicited or a minimum of 30 days prior to
118	152		13 entering into such a contract, whichever provides a
119	153		14 greater period of notice;
120	154		15 (7) a contract shall contain provisions requiring the
121	155		16 contractor to offer available employee positions pursuant
122	156		17 to the contract to qualified school district employees
123	157		18 whose employment is terminated because of the contract;
124	158		19 and
125	159		20 (8) a contract shall contain provisions requiring the
126	160		21 contractor to comply with a policy of nondiscrimination
127	161		22 and equal employment opportunity for all persons and to
128	162		23 take affirmative steps to provide equal opportunity for
129	163		24 all persons.
130	164		25 (b) As used in this subsection (b), "emergency situation"
131	165		26 means a sudden and unforeseen event or change in circumstances
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142	176		1 that calls for immediate action.
143	177		2 Notwithstanding subsection (a) of this Section, a board of
144		-	3 education may enter into a contract, of no longer than 3 months
145		-	4 in duration, with a third party for non-instructional services
146		-	5 currently performed by an employee or bargaining unit member
147		-	6 for the purpose of augmenting the current workforce in an
148		-	7 emergency situation that threatens the safety or health of the
149		-	8 school district's students or staff, provided that (i) the
150		-	9 school board meets all of its obligations under the Illinois
151		-	10 Educational Labor Relations Act and (ii) the board of
152		-	11 education posts all vacant positions used for augmenting the
153		-	12 current workforce on the school district's website, in a
154		-	13 manner that is easily accessible to the affected bargaining
155		-	14 unit, if applicable, and the general public, as well as on all
156		-	15 other platforms on which the board of education advertises its
157		-	16 vacancies, including, but not limited to, online job portals,
158		-	17 databases, and social media sites. The board of education must
159		-	18 post all vacant positions in the manner described in this
160		-	19 subsection (b) for the entirety of an emergency contract and
161		-	20 the entirety of any reviewed emergency contract until the
162		-	21 emergency contract expires.
163		-	22 A board of education that attempts to renew or enter into
164		-	23 any new contract of any type whatsoever for any reason
165		-	24 whatsoever with a third party for non-instructional services
166		-	25 to augment the current workforce for a group of employees in an
167		-	26 emergency situation under this subsection (b) 2 times must
	178	+	3 education may enter into a one-time contract, of no longer
	179	+	4 than 3 months in duration, with a third party for
	180	+	5 non-instructional services currently performed by an employee
	181	+	6 or bargaining unit member for the purpose of augmenting the
	182	+	7 current workforce in an emergency situation that threatens the
	183	+	8 safety or health of the school district's students or staff,
	184	+	9 provided that the school board meets all of its obligations
	185	+	10 under the Illinois Educational Labor Relations Act prior to
	186	+	11 entering into such a contract.
	187	+	12 A board of education that attempts to enter into a
	188	+	13 contract with a third party for non-instructional services
	189	+	14 under this subsection (b) more than once during a school year
	190	+	15 is required to receive the mutual agreement of the affected
	191	+	16 collective bargaining unit or units.
	192	+	17 (c) The changes to this Section made by this amendatory
	193	+	18 Act of the 95th General Assembly are not applicable to
	194	+	19 non-instructional services of a school district that on the
	195	+	20 effective date of this amendatory Act of the 95th General
	196	+	21 Assembly are performed for the school district by a third
	197	+	22 party.
	198	+	23 (Source: P.A. 95-241, eff. 8-17-07; 96-328, eff. 8-11-09.)
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178		-	1 follow all of the steps set forth in paragraph (6) of
179		-	2 subsection (a) or obtain mutual agreement with the affected
180		-	3 bargaining unit, if any. The mutual agreement must be separate
181		-	4 from the collective bargaining agreement that the affected
182		-	5 bargaining unit has with the board of education.
183		-	6 A board of education that attempts to renew or enter into
184		-	7 any new contract of any type whatsoever for any reason
185		-	8 whatsoever with a third party for non-instructional services
186		-	9 to augment the current workforce for a group of employees in an
187		-	10 emergency situation under this subsection (b) 3 times or more
188		-	11 is required to obtain mutual agreement with the affected
189		-	12 bargaining unit, if any. The mutual agreement must be separate
190		-	13 from the collective bargaining agreement that the affected
191		-	14 bargaining unit has with the board of education.
192		-	15 (c) The changes to this Section made by this amendatory
193		-	16 Act of the 95th General Assembly are not applicable to
194		-	17 non-instructional services of a school district that on the
195		-	18 effective date of this amendatory Act of the 95th General
196		-	19 Assembly are performed for the school district by a third
197		-	20 party.
198		-	21 (Source: P.A. 95-241, eff. 8-17-07; 96-328, eff. 8-11-09.)
199		-	22 Section 99. Effective date. This Act takes effect July 1,
200		-	23 2026.
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