University of Illinois Urbana-Champaign

The constitutionality of the Illinois Waiver of Educational Mandates Act: Legislative use of the joint resolution

Colwell, William Bradley

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https://hdl.handle.net/2142/21516

Description

Title
The constitutionality of the Illinois Waiver of Educational Mandates Act: Legislative use of the joint resolution
Author(s)
Colwell, William Bradley
Issue Date
1996
Doctoral Committee Chair(s)
Ward, James G.
Department of Study
Education
Discipline
Education
Degree Granting Institution
University of Illinois at Urbana-Champaign
Degree Name
Ph.D.
Degree Level
Dissertation
Keyword(s)
  • Law
  • Education, Administration
Language
eng
Abstract
  • 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.
Type of Resource
text
Permalink
http://hdl.handle.net/2142/21516
Copyright and License Information
Copyright 1996 Colwell, William Bradley

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