Bill Text: IL SB1799 | 2025-2026 | 104th General Assembly | Introduced

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Bill Title: 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.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Introduced) 2025-02-21 - Added as Chief Co-Sponsor Sen. Cristina Castro [SB1799 Detail]

Download: Illinois-2025-SB1799-Introduced.html

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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.
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A BILL FOR
SB1799 LRB104 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

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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

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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

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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

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that calls for immediate action.
Notwithstanding subsection (a) of this Section, a board of
education may enter into a one-time 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.
A board of education that attempts to enter into a
contract with a third party for non-instructional services
under this subsection (b) more than once during a school year
is required to receive the mutual agreement of the affected
collective bargaining unit or units.
(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 upon
becoming law.