2026-09-21T16:56:13Z https://www.ideals.illinois.edu/oai-pmh

oai:www.ideals.illinois.edu:2142/21516 2023-07-10 col_2142_5131 col_2142_8800 com_2142_5130 com_2142_5132

http://hdl.handle.net/2142/21516 eng Copyright 1996 Colwell, William Bradley Law Education, Administration Ward, James G. Colwell, William Bradley 2011-05-07T13:10:53Z 2011-05-07T13:10:53Z 10000-01-01 1996 In February 1995, the Illinois General Assembly enacted Public Law 89-3 entitled the Illinois Waiver of Educational Mandates Act (Act). The purpose of the Act was to provide individual school districts the opportunity to modify or waive certain provisions of the Illinois School Code or State Board of Education rules which were burdensome and hindering the educational responsibilities of the districts. This study analyzes the constitutionality of the Act. Initially, the researcher hypothesized that the Act may constitute a legislative veto, as described in the seminal federal case of Immigration and Nationalization Service v. Chadha. This study reviews that case along with six other state cases to determine the legal principles which should be considered when weighing the Act's constitutionality. Ironically, the study finds that Public Law 89-3 does not constitute a legislative veto. However, when the principles of separation of powers, equal protection, prohibition on special legislation, and statutory enactment provisions are applied to Public Law 89-3, the evidence would show that the modification and waiver provisions of the School Code are unconstitutional. The Act's components regarding modification and waiver of State Board of Education regulations are legal since the General Assembly can statutorily direct agencies to promulgate rules which are consistent with statutory action, including Public Law 89-3. Made available in DSpace on 2011-05-07T13:10:53Z (GMT). No. of bitstreams: 2 license.txt: 4922 bytes, checksum: 910b249b4beec47e7ab768910c8f966f (MD5) 9702486.pdf: 8306201 bytes, checksum: 7496d207f72f88345802768642dfdce3 (MD5) Previous issue date: 1996 Item marked as restricted to the 'UIUC Users [automated]' Group (id=2) by Howard Ding (hding2@illinois.edu) on 2011-05-07T14:51:19Z Item is restricted indefinitely. Restriction data tranferred 2014-07-01T11:23:32-05:00 Original Data Group with Access UIUC Users [automated] Release Date: none Reason: ETDs are only available to UIUC Users without author permission ETDs are only available to UIUC Users without author permission U of I Only 9780591087499 AAI9702486 (UMI)AAI9702486 The constitutionality of the Illinois Waiver of Educational Mandates Act: Legislative use of the joint resolution text Education Education University of Illinois at Urbana-Champaign Dissertation Ph.D.