Full Text of SB1560 95th General Assembly
SB1560enr 95TH GENERAL ASSEMBLY
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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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| 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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| 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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