Full Text of HB6299 99th General Assembly
HB6299enr 99TH GENERAL ASSEMBLY |
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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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