Full Text of SB1560 95th General Assembly
SB1560 95TH GENERAL ASSEMBLY
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95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008 SB1560
Introduced 2/9/2007, by Sen. Deanna Demuzio SYNOPSIS AS INTRODUCED: |
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105 ILCS 5/10-23.5 |
from Ch. 122, par. 10-23.5 |
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Amends the School Code. In a Section concerning educational support personnel employees, provides that if the hours the employee works are reduced for certain reasons, then written notice must be given to the employee. Provides that 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 (instead of 30 days) before the hours are reduced. With respect to educational support personnel employees removed or dismissed for certain reasons, provides that if a school 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 category of position shall be tendered to the employees who were removed or dismissed from that category or any other category of position (now, just from that category), so far as they are qualified to hold the positions. Effective immediately. |
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FISCAL NOTE ACT MAY APPLY | |
STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT |
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A BILL FOR
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SB1560 |
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LRB095 10810 NHT 31060 b |
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| AN ACT concerning education.
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| Be it enacted by the People of the State of Illinois, | 3 |
| represented in the General Assembly:
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| Section 5. The School Code is amended by changing Section | 5 |
| 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. 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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| 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 . |
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SB1560 |
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LRB095 10810 NHT 31060 b |
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| However, if a reduction in hours is due to an unforeseen | 2 |
| reduction in the student population, then the written notice | 3 |
| must be mailed and given to the employee at least 5 days before | 4 |
| the hours are reduced. The employee with the shorter length of | 5 |
| continuing service with the
district, within the respective | 6 |
| category of position, shall be dismissed first
unless an | 7 |
| alternative method of determining the sequence of dismissal is
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| established in a collective bargaining agreement or contract | 9 |
| between the
board and any exclusive bargaining agent and except | 10 |
| that this provision shall
not impair the operation of any | 11 |
| affirmative action program in the district,
regardless of | 12 |
| whether it exists by operation of law or is conducted on a
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| voluntary basis by the board. If the board has any vacancies | 14 |
| for the following
school term or within one calendar year from | 15 |
| the beginning of the following
school term, the positions | 16 |
| thereby becoming available within a specific
category of | 17 |
| position shall be tendered to the employees so removed or | 18 |
| dismissed
from that category or any other category
of position, | 19 |
| so far as they are qualified to hold such
positions. Each board | 20 |
| shall, in consultation with any exclusive employee
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| representative or bargaining agent, each year establish a list, | 22 |
| categorized
by positions, showing the length of continuing | 23 |
| service of each full time
educational support personnel | 24 |
| employee who is qualified to hold any such
positions, unless an | 25 |
| alternative method of determining a sequence of dismissal
is | 26 |
| established as
provided for in this Section, in which case a |
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SB1560 |
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LRB095 10810 NHT 31060 b |
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| list shall be made in
accordance with the alternative method. | 2 |
| Copies of the list shall be
distributed to the exclusive | 3 |
| employee representative or bargaining agent on
or before | 4 |
| February 1 of each year. Where an educational support personnel
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| employee is dismissed by the board as a result of a
decrease in | 6 |
| the number of employees or the discontinuance of the employee's
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| job, the employee shall be paid all earned compensation on or | 8 |
| before the
third business day following his or her last day of | 9 |
| employment.
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| The provisions of this amendatory Act of 1986 relating to | 11 |
| residency
within any school district shall not apply to cities | 12 |
| having a population
exceeding 500,000 inhabitants.
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| (Source: P.A. 89-618, eff. 8-9-96; 90-548, eff. 1-1-98.)
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| Section 99. Effective date. This Act takes effect upon | 15 |
| becoming law.
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