Illinois General Assembly - Full Text of HB5031
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Full Text of HB5031  94th General Assembly


Rep. Gary Hannig

Filed: 2/28/2006





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2     AMENDMENT NO. ______. Amend House Bill 5031, AS AMENDED, by
3 replacing everything after the enacting clause with the
4 following:
5     "Section 5. The School Code is amended by changing Section
6 10-23.5 as follows:
7     (105 ILCS 5/10-23.5)  (from Ch. 122, par. 10-23.5)
8     Sec. 10-23.5. Educational support personnel employees. To
9 employ such educational support personnel employees as it deems
10 advisable and to define their employment duties; provided that
11 residency within any school district shall not be considered in
12 determining the employment or the compensation of any such
13 employee, or whether to retain, promote, assign or transfer
14 such employee. If an educational support personnel employee is
15 removed or dismissed or the hours he or she works are reduced
16 as a result of a decision of the school board to decrease the
17 number of educational support personnel employees employed by
18 the board or to discontinue some particular type of educational
19 support service, written notice shall be mailed to the employee
20 and also given to the employee either by certified mail, return
21 receipt requested, or personal delivery with receipt, at least
22 30 days before the employee is removed or dismissed or the
23 hours he or she works are reduced, together with a statement of
24 honorable dismissal and the reason therefor if applicable.



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



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1 employment.
2     The provisions of this amendatory Act of 1986 relating to
3 residency within any school district shall not apply to cities
4 having a population exceeding 500,000 inhabitants.
5 (Source: P.A. 89-618, eff. 8-9-96; 90-548, eff. 1-1-98.)
6     Section 99. Effective date. This Act takes effect upon
7 becoming law.".