Illinois General Assembly - Full Text of HB6299
Illinois General Assembly

Previous General Assemblies

Full Text of HB6299  99th General Assembly




HB6299 EngrossedLRB099 18736 NHT 43120 b

1    AN ACT concerning education.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The School Code is amended by changing Section
510-23.5 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
9as it deems advisable and to define their employment duties;
10provided that residency within any school district shall not be
11considered in determining the employment or the compensation of
12any such employee, or whether to retain, promote, assign or
13transfer such employee. If an educational support personnel
14employee is removed or dismissed or the hours he or she works
15are reduced as a result of a decision of the school board (i)
16to decrease the number of educational support personnel
17employees employed by the board or (ii) to discontinue some
18particular type of educational support service, written notice
19shall be mailed to the employee and also given to the employee
20either by certified mail, return receipt requested, or personal
21delivery with receipt, at least 30 days before the employee is
22removed or dismissed or the hours he or she works are reduced,
23together with a statement of honorable dismissal and the reason



HB6299 Engrossed- 2 -LRB099 18736 NHT 43120 b

1therefor if applicable. However, if a reduction in hours is due
2to an unforeseen reduction in the student population, then the
3written notice must be mailed and given to the employee at
4least 5 days before the hours are reduced. The employee with
5the shorter length of continuing service with the district,
6within the respective category of position, shall be dismissed
7first unless an alternative method of determining the sequence
8of dismissal is established in a collective bargaining
9agreement or contract between the board and any exclusive
10bargaining agent and except that this provision shall not
11impair the operation of any affirmative action program in the
12district, regardless of whether it exists by operation of law
13or is conducted on a voluntary basis by the board. If the board
14has any vacancies for the following school term or within one
15calendar year from the beginning of the following school term,
16the positions thereby becoming available within a specific
17category of position shall be tendered to the employees so
18removed or dismissed from that category or any other category
19of position, so far as they are qualified to hold such
20positions. Each board shall, in consultation with any exclusive
21employee representative or bargaining agent, each year
22establish a list, categorized by positions, showing the length
23of continuing service of each full time educational support
24personnel employee who is qualified to hold any such positions,
25unless an alternative method of determining a sequence of
26dismissal is established as provided for in this Section, in



HB6299 Engrossed- 3 -LRB099 18736 NHT 43120 b

1which case a list shall be made in accordance with the
2alternative method. Copies of the list shall be distributed to
3the exclusive employee representative or bargaining agent on or
4before February 1 of each year.
5    If an educational support personnel employee is removed or
6dismissed as a result of a decision of the board to decrease
7the number of educational support personnel employed by the
8board or to discontinue some particular type of educational
9support service and he or she accepts the tender of a vacancy
10within one calendar year from the beginning of the following
11school term, then that employee shall maintain any rights
12accrued during his or her previous service with the school
14    Where an educational support personnel employee is
15dismissed by the board as a result of a decrease in the number
16of employees or the discontinuance of the employee's job, the
17employee shall be paid all earned compensation on or before the
18next regular pay date following his or her last day of
20    The provisions of this amendatory Act of 1986 relating to
21residency within any school district shall not apply to cities
22having a population exceeding 500,000 inhabitants.
23    (b) In the case of a new school district or districts
24formed in accordance with Article 11E of this Code, a school
25district or districts that annex all of the territory of one or
26more entire other school districts in accordance with Article 7



HB6299 Engrossed- 4 -LRB099 18736 NHT 43120 b

1of this Code, or a school district receiving students from a
2deactivated school facility in accordance with Section
310-22.22b of this Code, the employment of educational support
4personnel in the new, annexing, or receiving school district
5immediately following the reorganization shall be governed by
6this subsection (b). Lists of the educational support personnel
7employed in the individual districts for the school year
8immediately prior to the effective date of the new district or
9districts, annexation, or deactivation shall be combined for
10the districts forming the new district or districts, for the
11annexed and annexing districts, or for the deactivating and
12receiving districts, as the case may be. The combined list
13shall be categorized by positions, showing the length of
14continuing service of each full-time educational support
15personnel employee who is qualified to hold any such position.
16If there are more full-time educational support personnel
17employees on the combined list than there are available
18positions in the new, annexing, or receiving school district,
19then the employing school board shall first remove or dismiss
20those educational support personnel employees with the shorter
21length of continuing service within the respective category of
22position, following the procedures outlined in subsection (a)
23of this Section. The employment and position of each
24educational support personnel employee on the combined list not
25so removed or dismissed shall be transferred to the new,
26annexing, or receiving school board, and the new, annexing, or



HB6299 Engrossed- 5 -LRB099 18736 NHT 43120 b

1receiving school board is subject to this Code with respect to
2any educational support personnel employee so transferred as if
3the educational support personnel employee had been the new,
4annexing, or receiving board's employee during the time the
5educational support personnel employee was actually employed
6by the school board of the district from which the employment
7and position were transferred.
8    The changes made by Public Act 95-148 shall not apply to
9the formation of a new district or districts in accordance with
10Article 11E of this Code, the annexation of one or more entire
11districts in accordance with Article 7 of this Code, or the
12deactivation of a school facility in accordance with Section
1310-22.22b 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;
1595-876, eff. 8-21-08; 96-998, eff. 7-2-10.)