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.
Senate Floor Amendment No. 1: Replaces everything after the enacting clause. Amends the School Code. In a provision concerning third party non-instructional services, allows a board of education to enter into 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 (i) the school board meets all of its obligations under the Illinois Educational Labor Relations Act and (ii) the board of education posts all vacant positions used for augmenting the current workforce on the school district's website, in a manner that is easily accessible to the affected bargaining unit and the general public, as well as on all other platforms on which the board of education advertises its vacancies (rather than just provided that the school board meets all of its obligations under the Illinois Educational Labor Relations Act); defines "emergency situation". Provides that the board of education must post all vacant positions in the manner described in the amendatory provisions for the entirety of an emergency contract and the entirety of any reviewed emergency contract until the emergency contract expires. Provides that a board of education that attempts to renew or enter into any new contract of any type whatsoever for any reason whatsoever with a third party for non-instructional services to augment the current workforce for a group of employees in an emergency situation 2 times must follow specified steps or obtain mutual agreement with the affected bargaining unit, if any. The mutual agreement must be separate from the collective bargaining agreement that the affected bargaining unit has with the board of education. Provides that a board of education that attempts to renew or enter into any new contract of any type whatsoever for any reason whatsoever with a third party for non-instructional services to augment the current workforce for a group of employees in an emergency situation 3 times or more is required to obtain mutual agreement with the affected bargaining unit. Provides that the mutual agreement must be separate from the collective bargaining agreement that the affected bargaining unit has with the board of education. Effective July 1, 2026.
House Floor Amendment No. 2: Replaces everything after the enacting clause with the provisions of the engrossed bill, and makes the following changes: Changes the definition of "emergency situation" to mean a sudden and unforeseen event or change in circumstances that would result in a near-term interruption of non-instructional services that calls for immediate action. Provides that the board of education must post all vacant positions for the entirety of any renewed (rather than reviewed) emergency contract until the emergency contract expires. Provides that a board of education that attempts to renew or enter into any new contract with a third party for non-instructional services to augment the current workforce for that same group (rather than a group) of employees in an emergency situation 2 times must follow certain steps or obtain mutual agreement with the affected bargaining unit. Provides that a board of education that attempts to renew or enter into any new contract with a third party for non-instructional services to augment the current workforce for that same group (rather than a group) of employees in an emergency situation 3 times or more is required to obtain mutual agreement with the affected bargaining unit. Removes language that provides that the mutual agreement must be separate from the collective bargaining agreement that the affected bargaining unit has with the board of education. Provides instead that the mutual agreement may not be used by the affected bargaining unit as a means to compel the board of education to reopen the existing collective bargaining agreement. Requires the mutual agreement to include the development of a recruitment and retention plan. Effective July 1, 2026.

Statutes affected:
Introduced: 105 ILCS 5/10
Engrossed: 105 ILCS 5/10
Enrolled: 105 ILCS 5/10