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.