Section 5-528 - Third-party services(a) In addition to the requirements of any other law or regulation, a school employer shall not enter into a contract with a third party for non-instructional services unless the following conditions are met:(1) The school employer shall solicit applications from third parties.(2) The school employer's solicitation shall require each third party to provide in the application: (i) A minimum three-year cost projection to the school employer, using generally accepted accounting principles.(ii) Information concerning any violation of federal or state law or regulation by the third party, composite information about the criminal and disciplinary records of current employes of the third party who may perform the non-instructional services and information concerning any traffic violation or chargeable accident that occurred during the course of employment by an individual employe of the third party.(iii) Any additional information that the school employer deems appropriate.(3) The school employer shall conduct a minimum of one public hearing prior to a regularly scheduled board meeting to present to the public the selected proposal of a third party to perform the non-instructional services and to receive public comment. The school employer shall provide notice to the public of the date, time and location of the first public hearing:(i) On or before the initial date that bids to provide the non-instructional services are solicited; or(ii) A minimum of thirty (30) days prior to the public board meeting, whichever provides a greater period of notice.(b) For a school employe whose employment is terminated due to a third party entering into a contract with the school employer for non-instructional services and who seeks employment from the third party during the effective date of the contract, the following shall apply: (1) The third party shall give consideration to the school employe, which shall include an interview, when hiring any new employe for the same or a substantially similar position which the school employe held with the school employer.(2) If requested by the third party, the school employer shall provide to the third party information regarding the performance and employment duties of the school employe.(c) Nothing in this section shall be construed to: (1) Supersede 7 CFR Pt. 210 (relating to national school lunch program) where applicable.(2) Supersede or preempt the rights, remedies and procedures afforded to school employes or labor organizations under federal or state law, including the act of July 23, 1970 ( P.L. 563, No.195), known as the "Public Employe Relations Act," or any provision of a collective bargaining agreement negotiated between a school employer and an exclusive representative of the employes in accordance with that act.(d) As used in this section, the following words and phrases shall have the meanings given to them in this subsection unless the context clearly indicates otherwise: "Non-instructional services" shall mean services provided by a school employee whose terms and conditions of employment are governed by a collective bargaining agreement negotiated between the school employer and the exclusive representative of the employe and excluding services provided by a professional employe, a substitute or a temporary professional employe as those terms are defined under section 1101.
"School employer" shall mean a board of school directors, an intermediate unit board of directors or an area career and technical board of directors.
"Third party" shall mean a for-profit service provider, including a business or corporation, that contracts with a school employer to provide non-instructional services. The term shall not include an individual.
Amended by P.L. TBD 2019 No. 76, § 8, eff. 12/30/2019.Added by P.L. TBD 2018 No. 39, § 2, eff. 7/1/2018.