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Public Act 101-0046


 

Public Act 0046 101ST GENERAL ASSEMBLY

  
  
  

 


 
Public Act 101-0046
 
HB0921 EnrolledLRB101 04943 AXK 49952 b

    AN ACT concerning education.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The School Code is amended by changing Section
10-23.5 as follows:
 
    (105 ILCS 5/10-23.5)  (from Ch. 122, par. 10-23.5)
    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
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
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
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 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
next regular pay date following his or her last day of
employment.
    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.
    (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.
(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.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 7/12/2019