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| Public Act 101-0046
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| HB0921 Enrolled | LRB101 04943 AXK 49952 b |
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AN ACT concerning education.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The School Code is amended by changing Section |
10-23.5 as follows:
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(105 ILCS 5/10-23.5) (from Ch. 122, par. 10-23.5)
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Sec. 10-23.5. Educational support personnel employees. |
(a) To employ such
educational support personnel employees |
as it deems advisable and to define
their employment duties; |
provided that residency within any school district
shall not be |
considered in determining the employment or the compensation of
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any such employee, or whether to retain, promote, assign or |
transfer such
employee. If an educational support personnel |
employee is removed or dismissed
or the hours he or she works |
are reduced as a result of a decision of the school board (i) |
to decrease the number of
educational support personnel |
employees employed by the board or (ii) to discontinue
some |
particular type of educational support service, written notice |
shall be
mailed to the employee and also given to the employee |
either by certified mail,
return receipt requested, or personal |
delivery with receipt, at least 30 days before the employee is |
removed or dismissed or the hours he or she works are reduced, |
together with a statement of honorable dismissal and the reason
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therefor if applicable. However, if a reduction in hours is due |
to an unforeseen reduction in the student population, then the |
written notice must be mailed and given to the employee at |
least 5 days before the hours are reduced. The employee with |
the shorter length of continuing service with the
district, |
within the respective category of position, shall be dismissed |
first
unless an alternative method of determining the sequence |
of dismissal is
established in a collective bargaining |
agreement or contract between the
board and any exclusive |
bargaining agent and except that this provision shall
not |
impair the operation of any affirmative action program in the |
district,
regardless of whether it exists by operation of law |
or is conducted on a
voluntary basis by the board. If the board |
has any vacancies for the following
school term or within one |
calendar year from the beginning of the following
school term, |
the positions thereby becoming available within a specific
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category of position shall be tendered to the employees so |
removed or dismissed
from that category or any other category |
of position, so far as they are qualified to hold such
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positions. Each board shall, in consultation with any exclusive |
employee
representative or bargaining agent, each year |
establish a list, categorized
by positions, showing the length |
of continuing service of each full time
educational support |
personnel employee who is qualified to hold any such
positions, |
unless an alternative method of determining a sequence of |
dismissal
is established as
provided for in this Section, in |
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which case a list shall be made in
accordance with the |
alternative method. Copies of the list shall be
distributed to |
the exclusive employee representative or bargaining agent on
or |
before February 1 of each year. |
If an educational support personnel employee is removed or |
dismissed as a result of a decision of the board to decrease |
the number of educational support personnel employed by the |
board or to discontinue some particular type of educational |
support service and he or she accepts the tender of a vacancy |
within one calendar year from the beginning of the following |
school term, then that employee shall maintain any rights |
accrued during his or her previous service with the school |
district. |
Where an educational support personnel
employee is |
dismissed by the board as a result of a
decrease in the number |
of employees or the discontinuance of the employee's
job, the |
employee shall be paid all earned compensation on or before the
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next regular pay date following his or her last day of |
employment.
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The provisions of this amendatory Act of 1986 relating to |
residency
within any school district shall not apply to cities |
having a population
exceeding 500,000 inhabitants.
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(b) In the case of a new school district or districts |
formed in accordance with Article 11E of this Code, a school |
district or districts that annex all of the territory of one or |
more entire other school districts in accordance with Article 7 |
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of this Code, or a school district receiving students from a |
deactivated school facility in accordance with Section |
10-22.22b of this Code, the employment of educational support |
personnel in the new, annexing, or receiving school district |
immediately following the reorganization shall be governed by |
this subsection (b). Lists of the educational support personnel |
employed in the individual districts for the school year |
immediately prior to the effective date of the new district or |
districts, annexation, or deactivation shall be combined for |
the districts forming the new district or districts, for the |
annexed and annexing districts, or for the deactivating and |
receiving districts, as the case may be. The combined list |
shall be categorized by positions, showing the length of |
continuing service of each full-time educational support |
personnel employee who is qualified to hold any such position. |
If there are more full-time educational support personnel |
employees on the combined list than there are available |
positions in the new, annexing, or receiving school district, |
then the employing school board shall first remove or dismiss |
those educational support personnel employees with the shorter |
length of continuing service within the respective category of |
position, following the procedures outlined in subsection (a) |
of this Section. The employment and position of each |
educational support personnel employee on the combined list not |
so removed or dismissed shall be transferred to the new, |
annexing, or receiving school board, and the new, annexing, or |
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receiving school board is subject to this Code with respect to |
any educational support personnel employee so transferred as if |
the educational support personnel employee had been the new, |
annexing, or receiving board's employee during the time the |
educational support personnel employee was actually employed |
by the school board of the district from which the employment |
and position were transferred. |
The changes made by Public Act 95-148
shall not apply to |
the formation of a new district or districts in accordance with |
Article 11E of this Code, the annexation of one or more entire |
districts in accordance with Article 7 of this Code, or the |
deactivation of a school facility in accordance with Section |
10-22.22b of this Code effective on or before July 1, 2007.
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(Source: P.A. 95-148, eff. 8-14-07; 95-396, eff. 8-23-07; |
95-876, eff. 8-21-08; 96-998, eff. 7-2-10.)
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Section 99. Effective date. This Act takes effect upon |
becoming law.
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