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SB 1799

SCH CD-NONINSTRUCTIONAL SERVIC

104th Regular Session Introduced by Cristina Castro and 5 co-sponsors

Illinois districts may contract for non-instructional services only with strict pre-bid disclosures, GAAP cost comparisons, open hearings, and ensure staff equity; emergency use li

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Bill Summary · SB 1799

SB 1799 — Summary (Public Act 104-0393)

Status and timing
- Passed both houses (May 2025), approved by the Governor Aug 15, 2025.
- Enacted as Public Act 104‑0393. Effective date: July 1, 2026.
- Amends Section 10‑22.34c of the Illinois School Code (third‑party non‑instructional services).

Purpose
- To revise and add procedural safeguards governing when a school board may contract with a third party to perform non‑instructional services currently done by school district employees (educational support personnel), and to create a narrowly defined emergency authority to use short‑term third‑party contracts to augment district staffing.

Key provisions
- General rule (non‑emergency contracting):
- A board may contract for non‑instructional services currently performed by employees or lay off those employees with 90 days’ written notice, but only subject to these limitations:
- No contract may be entered into or become effective during the term of a collective bargaining agreement covering the affected employees; contracts may only take effect upon expiration of such agreements.
- Any third‑party bidder must submit specific information with its bid, including:
- Evidence of liability insurance equivalent in scope/amount to that required of the board (per Section 10‑22.3);
- A benefits package for contractor employees comparable to school district employees;
- A list of employee counts, job classifications, and wages the contractor will pay;
- A minimum 3‑year cost projection prepared using generally accepted accounting principles (GAAP); the contractor may not increase that projection if its bid is accepted;
- Composite (non‑identified) information on criminal/disciplinary records, DCFS complaints/investigations, traffic violations, license revocations or other licensure issues of potential contractor employees (names not required in the bid but must be provided on request);
- A notarized affidavit by the contractor’s CEO/president that each employee completed required criminal background checks within 3 months of the bid (results available on request).
- The school board must prepare a GAAP cost comparison showing projected district costs (if services remained in‑house) versus projected third‑party costs.
- Review/consideration of bids must occur in open session of a regularly scheduled board meeting (unless the exclusive bargaining representative agrees otherwise in writing).
- At least one public hearing must be held to discuss the proposal before entering into the contract; notice must be posted either on or before bid solicitation or at least 30 days before entering the contract—whichever gives more notice.
- Contracts must require the contractor to: offer available positions to qualified displaced district employees; comply with nondiscrimination and equal employment opportunity policy; and take affirmative steps to ensure equal opportunity.

  • Emergency augmentation authority (subsection (b), final enacted form):

    • Defines “emergency situation” as a sudden, unforeseen event or circumstance that would result in a near‑term interruption of non‑instructional services and threatens safety or health of students or staff.
    • Allows a board to enter a one‑time contract up to 3 months in duration with a third party to augment the workforce in such an emergency, provided the board has satisfied its obligations under the Illinois Educational Labor Relations Act (IELRA) prior to entering the contract.
    • If a board attempts to use this emergency authority more than once in a single school year, it must obtain mutual agreement from the affected collective bargaining unit(s).

  • Transitional/grandfathering language:

    • The Act includes a provision (truncated in source) indicating certain existing third‑party arrangements in effect on the effective date of an earlier amendatory act are not subject to the changes; readers should consult the full enrolled Act for precise grandfathering text.

Who is affected
- School districts and boards of education (decisionmakers and contracting parties).
- Educational support personnel and their collective bargaining units (job security, layoff/recall, bargaining rights).
- Third‑party vendors/providers of non‑instructional services (bidders will face new disclosure, insurance, benefits and fixed cost projection requirements).
- Students and staff to the extent the changes affect continuity and safety of non‑instructional services (e.g., custodial, security, transportation, food services, aides).

Procedural/implementation notes
- Boards must follow enhanced transparency and pre‑contract review steps (public hearing, open session bid review, GAAP cost comparisons).
- The emergency pathway is intentionally narrow (one‑time, ≤3 months) and conditioned on IELRA compliance; repeated use in a year requires bargaining unit agreement.
- Several technical requirements (3‑year fixed cost projections, background‑check affidavit, comparable benefits) increase compliance and documentation obligations for contractors and boards.

For exact statutory language, consult Public Act 104‑0393 and the enrolled bill text (School Code §10‑22.34c).

Compiled from official sources — confirm details with the bill’s official record.

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