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| 1 | AN ACT concerning education.
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| 2 | Be it enacted by the People of the State of Illinois, | ||||||
| 3 | represented in the General Assembly:
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| 4 | Section 5. The School Code is amended by changing Section | ||||||
| 5 | 10-23.5 as follows:
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| 6 | (105 ILCS 5/10-23.5) (from Ch. 122, par. 10-23.5)
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| 7 | Sec. 10-23.5. Educational support personnel employees. To | ||||||
| 8 | employ such
educational support personnel employees as it deems | ||||||
| 9 | advisable and to define
their employment duties; provided that | ||||||
| 10 | residency within any school district
shall not be considered in | ||||||
| 11 | determining the employment or the compensation of
any such | ||||||
| 12 | employee, or whether to retain, promote, assign or transfer | ||||||
| 13 | such
employee. If an educational support personnel employee is | ||||||
| 14 | removed or dismissed or the hours he or she works are reduced
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| 15 | as a result of a decision of the school board to decrease the | ||||||
| 16 | number of
educational support personnel employees employed by | ||||||
| 17 | the board or to discontinue
some particular type of educational | ||||||
| 18 | support service, written notice shall be
mailed to the employee | ||||||
| 19 | and also given to the employee either by certified mail,
return | ||||||
| 20 | receipt requested, or personal delivery with receipt, at least | ||||||
| 21 | 30 days before the employee is removed or dismissed or the | ||||||
| 22 | hours he or she works are reduced, together with a statement of | ||||||
| 23 | honorable dismissal and the reason
therefor if applicable. | ||||||
| 24 | However, if a reduction in hours is due to an unforeseen | ||||||
| 25 | reduction in the student population, then the written notice | ||||||
| 26 | must be mailed and given to the employee at least 5 days before | ||||||
| 27 | the hours are reduced. The employee with the shorter length of | ||||||
| 28 | continuing service with the
district, within the respective | ||||||
| 29 | category of position, shall be dismissed first
unless an | ||||||
| 30 | alternative method of determining the sequence of dismissal is
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| 31 | established in a collective bargaining agreement or contract | ||||||
| 32 | between the
board and any exclusive bargaining agent and except | ||||||
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| 1 | that this provision shall
not impair the operation of any | ||||||
| 2 | affirmative action program in the district,
regardless of | ||||||
| 3 | whether it exists by operation of law or is conducted on a
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| 4 | voluntary basis by the board. If the board has any vacancies | ||||||
| 5 | for the following
school term or within one calendar year from | ||||||
| 6 | the beginning of the following
school term, the positions | ||||||
| 7 | thereby becoming available within a specific
category of | ||||||
| 8 | position shall be tendered to the employees so removed or | ||||||
| 9 | dismissed
from that category or any other category
of position, | ||||||
| 10 | so far as they are qualified to hold such
positions. Each board | ||||||
| 11 | shall, in consultation with any exclusive employee
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| 12 | representative or bargaining agent, each year establish a list, | ||||||
| 13 | categorized
by positions, showing the length of continuing | ||||||
| 14 | service of each full time
educational support personnel | ||||||
| 15 | employee who is qualified to hold any such
positions, unless an | ||||||
| 16 | alternative method of determining a sequence of dismissal
is | ||||||
| 17 | established as
provided for in this Section, in which case a | ||||||
| 18 | list shall be made in
accordance with the alternative method. | ||||||
| 19 | Copies of the list shall be
distributed to the exclusive | ||||||
| 20 | employee representative or bargaining agent on
or before | ||||||
| 21 | February 1 of each year. Where an educational support personnel
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| 22 | employee is dismissed by the board as a result of a
decrease in | ||||||
| 23 | the number of employees or the discontinuance of the employee's
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| 24 | job, the employee shall be paid all earned compensation on or | ||||||
| 25 | before the
third business day following his or her last day of | ||||||
| 26 | employment.
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| 27 | The provisions of this amendatory Act of 1986 relating to | ||||||
| 28 | residency
within any school district shall not apply to cities | ||||||
| 29 | having a population
exceeding 500,000 inhabitants.
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| 30 | (Source: P.A. 89-618, eff. 8-9-96; 90-548, eff. 1-1-98.)
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| 31 | Section 99. Effective date. This Act takes effect upon | ||||||
| 32 | becoming law.
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