Full Text of HB1847 95th General Assembly
HB1847 95TH GENERAL ASSEMBLY
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95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008 HB1847
Introduced 2/23/2007, by Rep. Brandon W. Phelps SYNOPSIS AS INTRODUCED: |
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105 ILCS 5/10-23.5 |
from Ch. 122, par. 10-23.5 |
30 ILCS 805/8.31 new |
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Amends the School Code. Provides that if a new school district is formed through the consolidation of pre-existing school districts or a school district is annexed to another school district, then the educational support personnel of the pre-existing school districts or of the annexed school district must be transferred to and shall become employees of the new or annexing district, as the case may be, and these employees must be credited with the length of their continuous service that they held prior to their transfer. Amends the State Mandates Act to require implementation without reimbursement. Effective immediately.
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FISCAL NOTE ACT MAY APPLY | |
STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT |
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A BILL FOR
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HB1847 |
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LRB095 08702 NHT 31613 b |
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| AN ACT concerning education.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The School Code is amended by changing Section | 5 |
| 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 | 8 |
| employ such
educational support personnel employees as it deems | 9 |
| advisable and to define
their employment duties; provided that | 10 |
| residency within any school district
shall not be considered in | 11 |
| determining the employment or the compensation of
any such | 12 |
| employee, or whether to retain, promote, assign or transfer | 13 |
| such
employee. If an educational support personnel employee is | 14 |
| removed or dismissed
as a result of a decision of the school | 15 |
| board (i) to decrease the number of
educational support | 16 |
| personnel employees employed by the board or (ii) to | 17 |
| discontinue
some particular type of educational support | 18 |
| service, written notice shall be
mailed to the employee and | 19 |
| also given the employee either by certified mail,
return | 20 |
| receipt requested , or personal delivery with receipt at least | 21 |
| 30 days before the employee is removed or dismissed, together | 22 |
| with a statement of honorable dismissal and the reason
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| therefor. The employee with the shorter length of continuing |
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HB1847 |
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LRB095 08702 NHT 31613 b |
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| service with the
district, within the respective category of | 2 |
| position, shall be dismissed first
unless an alternative method | 3 |
| of determining the sequence of dismissal is
established in a | 4 |
| collective bargaining agreement or contract between the
board | 5 |
| and any exclusive bargaining agent and except that this | 6 |
| provision shall
not impair the operation of any affirmative | 7 |
| action program in the district,
regardless of whether it exists | 8 |
| by operation of law or is conducted on a
voluntary basis by the | 9 |
| board. If the board has any vacancies for the following
school | 10 |
| term or within one calendar year from the beginning of the | 11 |
| following
school term, the positions thereby becoming | 12 |
| available within a specific
category of position shall be | 13 |
| tendered to the employees so removed or dismissed
from that | 14 |
| category of position, so far as they are qualified to hold such
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| positions. Each board shall, in consultation with any exclusive | 16 |
| employee
representative or bargaining agent, each year | 17 |
| establish a list, categorized
by positions, showing the length | 18 |
| of continuing service of each full time
educational support | 19 |
| personnel employee who is qualified to hold any such
positions, | 20 |
| unless an alternative method of determining a sequence of | 21 |
| dismissal
is established as
provided for in this Section, in | 22 |
| which case a list shall be made in
accordance with the | 23 |
| alternative method. Copies of the list shall be
distributed to | 24 |
| the exclusive employee representative or bargaining agent on
or | 25 |
| before February 1 of each year. Where an educational support | 26 |
| personnel
employee is dismissed by the board as a result of a
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HB1847 |
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LRB095 08702 NHT 31613 b |
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| decrease in the number of employees or the discontinuance of | 2 |
| the employee's
job, the employee shall be paid all earned | 3 |
| compensation on or before the
third business day following his | 4 |
| or her last day of employment.
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| If a new school district is formed through the | 6 |
| consolidation of pre-existing school districts or a school | 7 |
| district is annexed to another school district, then the | 8 |
| educational support personnel of the pre-existing school | 9 |
| districts or of the annexed school district must be transferred | 10 |
| to and shall become employees of the new or annexing district, | 11 |
| as the case may be, and these employees must be credited with | 12 |
| the length of their continuous service that they held prior to | 13 |
| their transfer.
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| The provisions of this amendatory Act of 1986 relating to | 15 |
| residency
within any school district shall not apply to cities | 16 |
| 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 90. The State Mandates Act is amended by adding | 19 |
| Section 8.31 as follows: | 20 |
| (30 ILCS 805/8.31 new) | 21 |
| Sec. 8.31. Exempt mandate. Notwithstanding Sections 6 and 8 | 22 |
| of this Act, no reimbursement by the State is required for the | 23 |
| implementation of any mandate created by this amendatory Act of | 24 |
| the 95th General Assembly.
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LRB095 08702 NHT 31613 b |
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| Section 99. Effective date. This Act takes effect upon | 2 |
| becoming law.
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