Elementary & Secondary Education Committee

Filed: 3/12/2008

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 4537

2     AMENDMENT NO. ______. Amend House Bill 4537 by replacing
3 after the enacting clause with the following:
 
4     "Section 5. The School Code is amended by adding Sections
5 2-3.148 and 27-23.8 as follows:
 
6     (105 ILCS 5/2-3.148 new)
7     Sec. 2-3.148. Disability history and awareness campaign.
8 The State Board of Education shall promote an annual campaign
9 about disability history and awareness in this State. The
10 campaign shall be designed to increase public awareness and
11 respect for people with disabilities who comprise a substantial
12 percentage of this State's population, teach future
13 generations that people with disabilities have a rich history
14 and have made valuable contributions throughout this State and
15 the United States, and teach future generations that disability
16 is a natural part of life and that people with disabilities

 

 

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1 have a right to be treated with civil, legal, and human rights
2 and as full human beings above all else. Notwithstanding any
3 other rulemaking authority that may exist, neither the Governor
4 nor any agency or agency head under the jurisdiction of the
5 Governor has any authority to make or promulgate rules to
6 implement or enforce the provisions of this amendatory Act of
7 the 95th General Assembly. If, however, the Governor believes
8 that rules are necessary to implement or enforce the provisions
9 of this amendatory Act of the 95th General Assembly, the
10 Governor may suggest rules to the General Assembly by filing
11 them with the Clerk of the House and the Secretary of the
12 Senate and by requesting that the General Assembly authorize
13 such rulemaking by law, enact those suggested rules into law,
14 or take any other appropriate action in the General Assembly's
15 discretion. Nothing contained in this amendatory Act of the
16 95th General Assembly shall be interpreted to grant rulemaking
17 authority under any other Illinois statute where such authority
18 is not otherwise explicitly given. For the purposes of this
19 amendatory Act of the 95th General Assembly, "rules" is given
20 the meaning contained in Section 1-70 of the Illinois
21 Administrative Procedure Act, and "agency" and "agency head"
22 are given the meanings contained in Sections 1-20 and 1-25 of
23 the Illinois Administrative Procedure Act to the extent that
24 such definitions apply to agencies or agency heads under the
25 jurisdiction of the Governor.
 

 

 

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1     (105 ILCS 5/27-23.8 new)
2     Sec. 27-23.8. Disability history and awareness.
3     (a) A school district shall provide instruction on
4 disability history, people with disabilities, and the
5 disability rights movement. Instruction may be included in
6 those courses that the school district chooses. This
7 instruction must be founded on the principle that all students,
8 including students with disabilities, have the right to
9 exercise self-determination. When possible, individuals with
10 disabilities should be incorporated into the development and
11 delivery of this instruction. This instruction may be
12 supplemented by knowledgeable guest speakers from the
13 disability community. A school board may collaborate with
14 community-based organizations, such as centers for independent
15 living, parent training and information centers, and other
16 consumer-driven groups, and disability membership
17 organizations in creating this instruction.
18     (b) The State Board of Education may prepare and make
19 available to all school boards resource materials that may be
20 used as guidelines for the development of instruction for
21 disability history and awareness under this Section.
22     (c) Each school board shall determine the minimum amount of
23 instructional time required under this Section.
24     (d) The regional superintendent of schools shall monitor a
25 school district's compliance with this Section's curricular
26 requirement during his or her annual compliance visit.

 

 

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1     (e) Notwithstanding any other rulemaking authority that
2 may exist, neither the Governor nor any agency or agency head
3 under the jurisdiction of the Governor has any authority to
4 make or promulgate rules to implement or enforce the provisions
5 of this amendatory Act of the 95th General Assembly. If,
6 however, the Governor believes that rules are necessary to
7 implement or enforce the provisions of this amendatory Act of
8 the 95th General Assembly, the Governor may suggest rules to
9 the General Assembly by filing them with the Clerk of the House
10 and the Secretary of the Senate and by requesting that the
11 General Assembly authorize such rulemaking by law, enact those
12 suggested rules into law, or take any other appropriate action
13 in the General Assembly's discretion. Nothing contained in this
14 amendatory Act of the 95th General Assembly shall be
15 interpreted to grant rulemaking authority under any other
16 Illinois statute where such authority is not otherwise
17 explicitly given. For the purposes of this subsection (c),
18 "rules" is given the meaning contained in Section 1-70 of the
19 Illinois Administrative Procedure Act, and "agency" and
20 "agency head" are given the meanings contained in Sections 1-20
21 and 1-25 of the Illinois Administrative Procedure Act to the
22 extent that such definitions apply to agencies or agency heads
23 under the jurisdiction of the Governor.
 
24     Section 10. The University of Illinois Act is amended by
25 adding Section 40 as follows:
 

 

 

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1     (110 ILCS 305/40 new)
2     Sec. 40. Disability history and awareness. The University
3 may conduct and promote activities that provide education on,
4 awareness of, and an understanding of disability history,
5 people with disabilities, and the disability rights movement.
6 Notwithstanding any other rulemaking authority that may exist,
7 neither the Governor or University nor any agency or agency
8 head under the jurisdiction of the Governor has any authority
9 to make or promulgate rules to implement or enforce the
10 provisions of this amendatory Act of the 95th General Assembly.
11 If, however, the Governor or University believes that rules are
12 necessary to implement or enforce the provisions of this
13 amendatory Act of the 95th General Assembly, the Governor or
14 University may suggest rules to the General Assembly by filing
15 them with the Clerk of the House and the Secretary of the
16 Senate and by requesting that the General Assembly authorize
17 such rulemaking by law, enact those suggested rules into law,
18 or take any other appropriate action in the General Assembly's
19 discretion. Nothing contained in this amendatory Act of the
20 95th General Assembly shall be interpreted to grant rulemaking
21 authority under any other Illinois statute where such authority
22 is not otherwise explicitly given. For the purposes of this
23 paragraph, "rules" is given the meaning contained in Section
24 1-70 of the Illinois Administrative Procedure Act, and "agency"
25 and "agency head" are given the meanings contained in Sections

 

 

09500HB4537ham001 - 6 - LRB095 15909 NHT 47593 a

1 1-20 and 1-25 of the Illinois Administrative Procedure Act to
2 the extent that such definitions apply to agencies or agency
3 heads under the jurisdiction of the Governor.
 
4     Section 15. The Southern Illinois University Management
5 Act is amended by adding Section 25 as follows:
 
6     (110 ILCS 520/25 new)
7     Sec. 25. Disability history and awareness. The University
8 may conduct and promote activities that provide education on,
9 awareness of, and an understanding of disability history,
10 people with disabilities, and the disability rights movement.
11 Notwithstanding any other rulemaking authority that may exist,
12 neither the Governor or University nor any agency or agency
13 head under the jurisdiction of the Governor has any authority
14 to make or promulgate rules to implement or enforce the
15 provisions of this amendatory Act of the 95th General Assembly.
16 If, however, the Governor or University believes that rules are
17 necessary to implement or enforce the provisions of this
18 amendatory Act of the 95th General Assembly, the Governor or
19 University may suggest rules to the General Assembly by filing
20 them with the Clerk of the House and the Secretary of the
21 Senate and by requesting that the General Assembly authorize
22 such rulemaking by law, enact those suggested rules into law,
23 or take any other appropriate action in the General Assembly's
24 discretion. Nothing contained in this amendatory Act of the

 

 

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1 95th General Assembly shall be interpreted to grant rulemaking
2 authority under any other Illinois statute where such authority
3 is not otherwise explicitly given. For the purposes of this
4 paragraph, "rules" is given the meaning contained in Section
5 1-70 of the Illinois Administrative Procedure Act, and "agency"
6 and "agency head" are given the meanings contained in Sections
7 1-20 and 1-25 of the Illinois Administrative Procedure Act to
8 the extent that such definitions apply to agencies or agency
9 heads under the jurisdiction of the Governor.
 
10     Section 20. The Chicago State University Law is amended by
11 adding Section 5-135 as follows:
 
12     (110 ILCS 660/5-135 new)
13     Sec. 5-135. Disability history and awareness. The
14 University may conduct and promote activities that provide
15 education on, awareness of, and an understanding of disability
16 history, people with disabilities, and the disability rights
17 movement. Notwithstanding any other rulemaking authority that
18 may exist, neither the Governor or University nor any agency or
19 agency head under the jurisdiction of the Governor has any
20 authority to make or promulgate rules to implement or enforce
21 the provisions of this amendatory Act of the 95th General
22 Assembly. If, however, the Governor or University believes that
23 rules are necessary to implement or enforce the provisions of
24 this amendatory Act of the 95th General Assembly, the Governor

 

 

09500HB4537ham001 - 8 - LRB095 15909 NHT 47593 a

1 or University may suggest rules to the General Assembly by
2 filing them with the Clerk of the House and the Secretary of
3 the Senate and by requesting that the General Assembly
4 authorize such rulemaking by law, enact those suggested rules
5 into law, or take any other appropriate action in the General
6 Assembly's discretion. Nothing contained in this amendatory
7 Act of the 95th General Assembly shall be interpreted to grant
8 rulemaking authority under any other Illinois statute where
9 such authority is not otherwise explicitly given. For the
10 purposes of this paragraph, "rules" is given the meaning
11 contained in Section 1-70 of the Illinois Administrative
12 Procedure Act, and "agency" and "agency head" are given the
13 meanings contained in Sections 1-20 and 1-25 of the Illinois
14 Administrative Procedure Act to the extent that such
15 definitions apply to agencies or agency heads under the
16 jurisdiction of the Governor.
 
17     Section 25. The Eastern Illinois University Law is amended
18 by adding Section 10-135 as follows:
 
19     (110 ILCS 665/10-135 new)
20     Sec. 10-135. Disability history and awareness. The
21 University may conduct and promote activities that provide
22 education on, awareness of, and an understanding of disability
23 history, people with disabilities, and the disability rights
24 movement. Notwithstanding any other rulemaking authority that

 

 

09500HB4537ham001 - 9 - LRB095 15909 NHT 47593 a

1 may exist, neither the Governor or University nor any agency or
2 agency head under the jurisdiction of the Governor has any
3 authority to make or promulgate rules to implement or enforce
4 the provisions of this amendatory Act of the 95th General
5 Assembly. If, however, the Governor or University believes that
6 rules are necessary to implement or enforce the provisions of
7 this amendatory Act of the 95th General Assembly, the Governor
8 or University may suggest rules to the General Assembly by
9 filing them with the Clerk of the House and the Secretary of
10 the Senate and by requesting that the General Assembly
11 authorize such rulemaking by law, enact those suggested rules
12 into law, or take any other appropriate action in the General
13 Assembly's discretion. Nothing contained in this amendatory
14 Act of the 95th General Assembly shall be interpreted to grant
15 rulemaking authority under any other Illinois statute where
16 such authority is not otherwise explicitly given. For the
17 purposes of this paragraph, "rules" is given the meaning
18 contained in Section 1-70 of the Illinois Administrative
19 Procedure Act, and "agency" and "agency head" are given the
20 meanings contained in Sections 1-20 and 1-25 of the Illinois
21 Administrative Procedure Act to the extent that such
22 definitions apply to agencies or agency heads under the
23 jurisdiction of the Governor.
 
24     Section 30. The Governors State University Law is amended
25 by adding Section 15-135 as follows:
 

 

 

09500HB4537ham001 - 10 - LRB095 15909 NHT 47593 a

1     (110 ILCS 670/15-135 new)
2     Sec. 15-135. Disability history and awareness. The
3 University may conduct and promote activities that provide
4 education on, awareness of, and an understanding of disability
5 history, people with disabilities, and the disability rights
6 movement. Notwithstanding any other rulemaking authority that
7 may exist, neither the Governor or University nor any agency or
8 agency head under the jurisdiction of the Governor has any
9 authority to make or promulgate rules to implement or enforce
10 the provisions of this amendatory Act of the 95th General
11 Assembly. If, however, the Governor or University believes that
12 rules are necessary to implement or enforce the provisions of
13 this amendatory Act of the 95th General Assembly, the Governor
14 or University may suggest rules to the General Assembly by
15 filing them with the Clerk of the House and the Secretary of
16 the Senate and by requesting that the General Assembly
17 authorize such rulemaking by law, enact those suggested rules
18 into law, or take any other appropriate action in the General
19 Assembly's discretion. Nothing contained in this amendatory
20 Act of the 95th General Assembly shall be interpreted to grant
21 rulemaking authority under any other Illinois statute where
22 such authority is not otherwise explicitly given. For the
23 purposes of this paragraph, "rules" is given the meaning
24 contained in Section 1-70 of the Illinois Administrative
25 Procedure Act, and "agency" and "agency head" are given the

 

 

09500HB4537ham001 - 11 - LRB095 15909 NHT 47593 a

1 meanings contained in Sections 1-20 and 1-25 of the Illinois
2 Administrative Procedure Act to the extent that such
3 definitions apply to agencies or agency heads under the
4 jurisdiction of the Governor.
 
5     Section 35. The Illinois State University Law is amended by
6 adding Section 20-140 as follows:
 
7     (110 ILCS 675/20-140 new)
8     Sec. 20-140. Disability history and awareness. The
9 University may conduct and promote activities that provide
10 education on, awareness of, and an understanding of disability
11 history, people with disabilities, and the disability rights
12 movement. Notwithstanding any other rulemaking authority that
13 may exist, neither the Governor or University nor any agency or
14 agency head under the jurisdiction of the Governor has any
15 authority to make or promulgate rules to implement or enforce
16 the provisions of this amendatory Act of the 95th General
17 Assembly. If, however, the Governor or University believes that
18 rules are necessary to implement or enforce the provisions of
19 this amendatory Act of the 95th General Assembly, the Governor
20 or University may suggest rules to the General Assembly by
21 filing them with the Clerk of the House and the Secretary of
22 the Senate and by requesting that the General Assembly
23 authorize such rulemaking by law, enact those suggested rules
24 into law, or take any other appropriate action in the General

 

 

09500HB4537ham001 - 12 - LRB095 15909 NHT 47593 a

1 Assembly's discretion. Nothing contained in this amendatory
2 Act of the 95th General Assembly shall be interpreted to grant
3 rulemaking authority under any other Illinois statute where
4 such authority is not otherwise explicitly given. For the
5 purposes of this paragraph, "rules" is given the meaning
6 contained in Section 1-70 of the Illinois Administrative
7 Procedure Act, and "agency" and "agency head" are given the
8 meanings contained in Sections 1-20 and 1-25 of the Illinois
9 Administrative Procedure Act to the extent that such
10 definitions apply to agencies or agency heads under the
11 jurisdiction of the Governor.
 
12     Section 40. The Northeastern Illinois University Law is
13 amended by adding Section 25-135 as follows:
 
14     (110 ILCS 680/25-135 new)
15     Sec. 25-135. Disability history and awareness. The
16 University may conduct and promote activities that provide
17 education on, awareness of, and an understanding of disability
18 history, people with disabilities, and the disability rights
19 movement. Notwithstanding any other rulemaking authority that
20 may exist, neither the Governor or University nor any agency or
21 agency head under the jurisdiction of the Governor has any
22 authority to make or promulgate rules to implement or enforce
23 the provisions of this amendatory Act of the 95th General
24 Assembly. If, however, the Governor or University believes that

 

 

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1 rules are necessary to implement or enforce the provisions of
2 this amendatory Act of the 95th General Assembly, the Governor
3 or University may suggest rules to the General Assembly by
4 filing them with the Clerk of the House and the Secretary of
5 the Senate and by requesting that the General Assembly
6 authorize such rulemaking by law, enact those suggested rules
7 into law, or take any other appropriate action in the General
8 Assembly's discretion. Nothing contained in this amendatory
9 Act of the 95th General Assembly shall be interpreted to grant
10 rulemaking authority under any other Illinois statute where
11 such authority is not otherwise explicitly given. For the
12 purposes of this paragraph, "rules" is given the meaning
13 contained in Section 1-70 of the Illinois Administrative
14 Procedure Act, and "agency" and "agency head" are given the
15 meanings contained in Sections 1-20 and 1-25 of the Illinois
16 Administrative Procedure Act to the extent that such
17 definitions apply to agencies or agency heads under the
18 jurisdiction of the Governor.
 
19     Section 45. The Northern Illinois University Law is amended
20 by adding Section 30-145 as follows:
 
21     (110 ILCS 685/30-145 new)
22     Sec. 30-145. Disability history and awareness. The
23 University may conduct and promote activities that provide
24 education on, awareness of, and an understanding of disability

 

 

09500HB4537ham001 - 14 - LRB095 15909 NHT 47593 a

1 history, people with disabilities, and the disability rights
2 movement. Notwithstanding any other rulemaking authority that
3 may exist, neither the Governor or University nor any agency or
4 agency head under the jurisdiction of the Governor has any
5 authority to make or promulgate rules to implement or enforce
6 the provisions of this amendatory Act of the 95th General
7 Assembly. If, however, the Governor or University believes that
8 rules are necessary to implement or enforce the provisions of
9 this amendatory Act of the 95th General Assembly, the Governor
10 or University may suggest rules to the General Assembly by
11 filing them with the Clerk of the House and the Secretary of
12 the Senate and by requesting that the General Assembly
13 authorize such rulemaking by law, enact those suggested rules
14 into law, or take any other appropriate action in the General
15 Assembly's discretion. Nothing contained in this amendatory
16 Act of the 95th General Assembly shall be interpreted to grant
17 rulemaking authority under any other Illinois statute where
18 such authority is not otherwise explicitly given. For the
19 purposes of this paragraph, "rules" is given the meaning
20 contained in Section 1-70 of the Illinois Administrative
21 Procedure Act, and "agency" and "agency head" are given the
22 meanings contained in Sections 1-20 and 1-25 of the Illinois
23 Administrative Procedure Act to the extent that such
24 definitions apply to agencies or agency heads under the
25 jurisdiction of the Governor.
 

 

 

09500HB4537ham001 - 15 - LRB095 15909 NHT 47593 a

1     Section 50. The Western Illinois University Law is amended
2 by adding Section 35-140 as follows:
 
3     (110 ILCS 690/35-140 new)
4     Sec. 35-140. Disability history and awareness. The
5 University may conduct and promote activities that provide
6 education on, awareness of, and an understanding of disability
7 history, people with disabilities, and the disability rights
8 movement. Notwithstanding any other rulemaking authority that
9 may exist, neither the Governor or University nor any agency or
10 agency head under the jurisdiction of the Governor has any
11 authority to make or promulgate rules to implement or enforce
12 the provisions of this amendatory Act of the 95th General
13 Assembly. If, however, the Governor or University believes that
14 rules are necessary to implement or enforce the provisions of
15 this amendatory Act of the 95th General Assembly, the Governor
16 or University may suggest rules to the General Assembly by
17 filing them with the Clerk of the House and the Secretary of
18 the Senate and by requesting that the General Assembly
19 authorize such rulemaking by law, enact those suggested rules
20 into law, or take any other appropriate action in the General
21 Assembly's discretion. Nothing contained in this amendatory
22 Act of the 95th General Assembly shall be interpreted to grant
23 rulemaking authority under any other Illinois statute where
24 such authority is not otherwise explicitly given. For the
25 purposes of this paragraph, "rules" is given the meaning

 

 

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1 contained in Section 1-70 of the Illinois Administrative
2 Procedure Act, and "agency" and "agency head" are given the
3 meanings contained in Sections 1-20 and 1-25 of the Illinois
4 Administrative Procedure Act to the extent that such
5 definitions apply to agencies or agency heads under the
6 jurisdiction of the Governor.".