Public Act 95-241, (Third Party Subcontracting of School Services), is a good law that makes it difficult for schools to replace loyal employees with cheap labor through outsourcing. It is the position of the Illinois Association of School Boards to appeal or amend this School Code.
5.14 THIRD PARTY CONTRACTING
So, they want the right to contract with third party companies who do not have to pay a living wage? Who do not have to offer insurance or other benefits to their employees? Who may have questionable backgrounds? Would these people be satisfied, hard working, loyal, and trustworthy?
Outsourcing requirements do not outlaw third-party contracts, but they make the outsourcing of non-instructional services very difficult for school districts.
If the non-instructional employees do not have a collective bargaining agreement, the district can initiate lawful proceedings to outsource.
BUT….there are clear and strict guidelines:
• The district must give 90 day notice to affected employees
• If ESPs have a union contract, their employer cannot subcontract until the current contract expires
• The subcontractors who bid must provide:
Liability insurance equal to the insurance provided by school board….a benefits package to its employees comparable to benefits offered to current school employees doing the same job….extensive background checks on third-party employees….and proof it will save money.
Yes, currently difficult to outsource. BUT……..
At the August 5, 2013 Hinsdale 86 school board meeting, the law firm Hodges, Loizzi, Eisenhammer, Rodick, and Kohn were retained to serve as additional counsel to District 86.
Hodges, Loizzi, Eisenhammer, Rodick, and Kohn are representing School Boards to overturn this law, making it easier for districts to outsource.
The most recent filing that we know of could be found here: