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| Public Act 095-0396 |
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AN ACT concerning education.
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Be it enacted by the People of the State of Illinois, | ||||
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. 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
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
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as a result of a decision of the school board to decrease the | ||||
number of
educational support personnel employees employed by | ||||
the board or 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
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
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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
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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
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
positions. Each board | ||
shall, in consultation with any exclusive employee
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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. Where an educational support personnel
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employee is dismissed by the board as a result of a
decrease in | ||
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 | ||
before the
third business day 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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(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 | ||
becoming law.
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