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| Public Act 101-0046 | ||||
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AN ACT concerning education.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The School Code is amended by changing Section | ||||
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. | ||||
(a) To employ such
educational support personnel employees | ||||
as it deems advisable and to define
their employment duties; | ||||
provided that residency within any school district
shall not be | ||||
considered in determining the employment or the compensation of
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any such employee, or whether to retain, promote, assign or | ||||
transfer such
employee. If an educational support personnel | ||||
employee is removed or dismissed
or the hours he or she works | ||||
are reduced as a result of a decision of the school board (i) | ||||
to decrease the number of
educational support personnel | ||||
employees employed by the board or (ii) to discontinue
some | ||||
particular type of educational support service, written notice | ||||
shall be
mailed to the employee and also given to the employee | ||||
either by certified mail,
return receipt requested, or personal | ||||
delivery with receipt, at least 30 days before the employee is | ||||
removed or dismissed or the hours he or she works are reduced, | ||||
together with a statement of honorable dismissal and the reason
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therefor if applicable. However, 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 before the hours are reduced. The employee with | ||
the shorter length of continuing service with the
district, | ||
within the respective category of position, shall be dismissed | ||
first
unless an alternative method of determining the sequence | ||
of dismissal is
established in a collective bargaining | ||
agreement or contract between the
board and any exclusive | ||
bargaining agent and except that this provision shall
not | ||
impair the operation of any affirmative action program in the | ||
district,
regardless of whether it exists by operation of law | ||
or is conducted on a
voluntary basis by the board. If the 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
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category of position shall be tendered to the employees so | ||
removed or dismissed
from that category or any other category | ||
of position, so far as they are qualified to hold such
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positions. Each board shall, in consultation with any exclusive | ||
employee
representative or bargaining agent, each year | ||
establish a list, categorized
by positions, showing the length | ||
of continuing service of each full time
educational support | ||
personnel employee who is qualified to hold any such
positions, | ||
unless an alternative method of determining a sequence of | ||
dismissal
is established as
provided for in this Section, in | ||
which case a list shall be made in
accordance with the | ||
alternative method. Copies of the list shall be
distributed to | ||
the exclusive employee representative or bargaining agent on
or | ||
before February 1 of each year. | ||
If an educational support personnel employee is removed or | ||
dismissed as a result of a decision of the 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. | ||
Where an educational support personnel
employee is | ||
dismissed by the board as a result of a
decrease in the number | ||
of employees or the discontinuance of the employee's
job, the | ||
employee shall be paid all earned compensation on or before the
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next regular pay date following his or her last day of | ||
employment.
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The provisions of this amendatory Act of 1986 relating to | ||
residency
within any school district shall not apply to cities | ||
having a population
exceeding 500,000 inhabitants.
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(b) In the case of a new school district or districts | ||
formed in accordance with Article 11E of this Code, a school | ||
district or districts that annex all of the territory of one or | ||
more entire other school districts in accordance with Article 7 | ||
of this Code, or a school district receiving students from a | ||
deactivated school facility in accordance with Section | ||
10-22.22b of this Code, the employment of educational support | ||
personnel in the new, annexing, or receiving school district | ||
immediately following the reorganization shall be governed by | ||
this subsection (b). Lists of the educational support personnel | ||
employed in the individual districts for the school year | ||
immediately prior to the effective date of the new district or | ||
districts, annexation, or deactivation shall be combined for | ||
the districts forming the new district or districts, for the | ||
annexed and annexing districts, or for the deactivating and | ||
receiving districts, as the case may be. The combined list | ||
shall be categorized by positions, showing the length of | ||
continuing service of each full-time educational support | ||
personnel employee who is qualified to hold any such position. | ||
If there are more full-time educational support personnel | ||
employees on the combined list than there are available | ||
positions in the new, annexing, or receiving school district, | ||
then the employing school board shall first remove or dismiss | ||
those educational support personnel employees with the shorter | ||
length of continuing service within the respective category of | ||
position, following the procedures outlined in subsection (a) | ||
of this Section. The employment and position of each | ||
educational support personnel employee on the combined list not | ||
so removed or dismissed shall be transferred to the new, | ||
annexing, or receiving school board, and the new, annexing, or | ||
receiving school board is subject to this Code with respect to | ||
any educational support personnel employee so transferred as if | ||
the educational support personnel employee had been the new, | ||
annexing, or receiving board's employee during the time the | ||
educational support personnel employee was actually employed | ||
by the school board of the district from which the employment | ||
and position were transferred. | ||
The changes made by Public Act 95-148
shall not apply to | ||
the formation of a new district or districts in accordance with | ||
Article 11E of this Code, the annexation of one or more entire | ||
districts in accordance with Article 7 of this Code, or the | ||
deactivation of a school facility in accordance with Section | ||
10-22.22b of this Code effective on or before July 1, 2007.
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(Source: P.A. 95-148, eff. 8-14-07; 95-396, eff. 8-23-07; | ||
95-876, eff. 8-21-08; 96-998, eff. 7-2-10.)
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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