Full Text of HB5252 100th General Assembly
HB5252 100TH GENERAL ASSEMBLY |
| | 100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018 HB5252 Introduced , by Rep. Jaime M. Andrade, Jr. SYNOPSIS AS INTRODUCED: |
| 105 ILCS 5/10-23.5 | from Ch. 122, par. 10-23.5 |
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Amends the School Code. Provides that if an educational support personnel employee is removed or dismissed as a result of a decision of the school 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.
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| | FISCAL NOTE ACT MAY APPLY | | STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT |
| | A BILL FOR |
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| 1 | | AN ACT concerning education.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The School Code is amended by changing Section | 5 | | 10-23.5 as follows:
| 6 | | (105 ILCS 5/10-23.5) (from Ch. 122, par. 10-23.5)
| 7 | | Sec. 10-23.5. Educational support personnel employees. | 8 | | (a) To employ such
educational support personnel employees | 9 | | as it deems advisable and to define
their employment duties; | 10 | | provided that residency within any school district
shall not be | 11 | | considered in determining the employment or the compensation of
| 12 | | any such employee, or whether to retain, promote, assign or | 13 | | transfer such
employee. If an educational support personnel | 14 | | employee is removed or dismissed
or the hours he or she works | 15 | | are reduced as a result of a decision of the school board (i) | 16 | | to decrease the number of
educational support personnel | 17 | | employees employed by the board or (ii) to discontinue
some | 18 | | particular type of educational support service, written notice | 19 | | shall be
mailed to the employee and also given to the employee | 20 | | either by certified mail,
return receipt requested, or personal | 21 | | delivery with receipt, at least 30 days before the employee is | 22 | | removed or dismissed or the hours he or she works are reduced, | 23 | | together with a statement of honorable dismissal and the reason
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| 1 | | therefor if applicable. However, if a reduction in hours is due | 2 | | to an unforeseen reduction in the student population, then the | 3 | | written notice must be mailed and given to the employee at | 4 | | least 5 days before the hours are reduced. The employee with | 5 | | the shorter length of continuing service with the
district, | 6 | | within the respective category of position, shall be dismissed | 7 | | first
unless an alternative method of determining the sequence | 8 | | of dismissal is
established in a collective bargaining | 9 | | agreement or contract between the
board and any exclusive | 10 | | bargaining agent and except that this provision shall
not | 11 | | impair the operation of any affirmative action program in the | 12 | | district,
regardless of whether it exists by operation of law | 13 | | or is conducted on a
voluntary basis by the board. If the board | 14 | | has any vacancies for the following
school term or within one | 15 | | calendar year from the beginning of the following
school term, | 16 | | the positions thereby becoming available within a specific
| 17 | | category of position shall be tendered to the employees so | 18 | | removed or dismissed
from that category or any other category | 19 | | of position, so far as they are qualified to hold such
| 20 | | positions. Each board shall, in consultation with any exclusive | 21 | | employee
representative or bargaining agent, each year | 22 | | establish a list, categorized
by positions, showing the length | 23 | | of continuing service of each full time
educational support | 24 | | personnel employee who is qualified to hold any such
positions, | 25 | | unless an alternative method of determining a sequence of | 26 | | dismissal
is established as
provided for in this Section, in |
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| 1 | | which case a list shall be made in
accordance with the | 2 | | alternative method. Copies of the list shall be
distributed to | 3 | | the exclusive employee representative or bargaining agent on
or | 4 | | before February 1 of each year. | 5 | | If an educational support personnel employee is removed or | 6 | | dismissed as a result of a decision of the board to decrease | 7 | | the number of educational support personnel employed by the | 8 | | board or to discontinue some particular type of educational | 9 | | support service and he or she accepts the tender of a vacancy | 10 | | within one calendar year from the beginning of the following | 11 | | school term, then that employee shall maintain any rights | 12 | | accrued during his or her previous service with the school | 13 | | district. | 14 | | Where an educational support personnel
employee is | 15 | | dismissed by the board as a result of a
decrease in the number | 16 | | of employees or the discontinuance of the employee's
job, the | 17 | | employee shall be paid all earned compensation on or before the
| 18 | | next regular pay date following his or her last day of | 19 | | employment.
| 20 | | The provisions of this amendatory Act of 1986 relating to | 21 | | residency
within any school district shall not apply to cities | 22 | | having a population
exceeding 500,000 inhabitants.
| 23 | | (b) In the case of a new school district or districts | 24 | | formed in accordance with Article 11E of this Code, a school | 25 | | district or districts that annex all of the territory of one or | 26 | | more entire other school districts in accordance with Article 7 |
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| 1 | | of this Code, or a school district receiving students from a | 2 | | deactivated school facility in accordance with Section | 3 | | 10-22.22b of this Code, the employment of educational support | 4 | | personnel in the new, annexing, or receiving school district | 5 | | immediately following the reorganization shall be governed by | 6 | | this subsection (b). Lists of the educational support personnel | 7 | | employed in the individual districts for the school year | 8 | | immediately prior to the effective date of the new district or | 9 | | districts, annexation, or deactivation shall be combined for | 10 | | the districts forming the new district or districts, for the | 11 | | annexed and annexing districts, or for the deactivating and | 12 | | receiving districts, as the case may be. The combined list | 13 | | shall be categorized by positions, showing the length of | 14 | | continuing service of each full-time educational support | 15 | | personnel employee who is qualified to hold any such position. | 16 | | If there are more full-time educational support personnel | 17 | | employees on the combined list than there are available | 18 | | positions in the new, annexing, or receiving school district, | 19 | | then the employing school board shall first remove or dismiss | 20 | | those educational support personnel employees with the shorter | 21 | | length of continuing service within the respective category of | 22 | | position, following the procedures outlined in subsection (a) | 23 | | of this Section. The employment and position of each | 24 | | educational support personnel employee on the combined list not | 25 | | so removed or dismissed shall be transferred to the new, | 26 | | annexing, or receiving school board, and the new, annexing, or |
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| 1 | | receiving school board is subject to this Code with respect to | 2 | | any educational support personnel employee so transferred as if | 3 | | the educational support personnel employee had been the new, | 4 | | annexing, or receiving board's employee during the time the | 5 | | educational support personnel employee was actually employed | 6 | | by the school board of the district from which the employment | 7 | | and position were transferred. | 8 | | The changes made by Public Act 95-148
shall not apply to | 9 | | the formation of a new district or districts in accordance with | 10 | | Article 11E of this Code, the annexation of one or more entire | 11 | | districts in accordance with Article 7 of this Code, or the | 12 | | deactivation of a school facility in accordance with Section | 13 | | 10-22.22b of this Code effective on or before July 1, 2007.
| 14 | | (Source: P.A. 95-148, eff. 8-14-07; 95-396, eff. 8-23-07; | 15 | | 95-876, eff. 8-21-08; 96-998, eff. 7-2-10.)
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