Full Text of SB2839 98th General Assembly
SB2839eng 98TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning State government.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Historic Preservation Agency Act is amended | 5 | | by changing Sections 6, 22, 33, and 34 as follows:
| 6 | | (20 ILCS 3405/6) (from Ch. 127, par. 2706)
| 7 | | Sec. 6. Jurisdiction. The Historic Sites and Preservation | 8 | | Division of the Agency shall have
jurisdiction over the
| 9 | | following
described areas which are
hereby designated as State | 10 | | Historic Sites, State Memorials, and
Miscellaneous Properties:
| 11 | | State Historic Sites
| 12 | | | 13 | | Apple River Fort State Historic Site, Jo Daviess County; | 14 | | Bishop Hill State Historic Site, Henry County;
| 15 | | Black Hawk State Historic Site, Rock Island County;
| 16 | | Bryant Cottage State Historic Site, Piatt County;
| 17 | | Buel House, Pope County;
| 18 | | Cahokia Courthouse State Historic Site, St. Clair County;
| 19 | | Cahokia Mounds State Historic Site, in Madison and St. | 20 | | Clair
Counties (however, the Illinois State Museum | 21 | | shall act as curator of
artifacts pursuant to the | 22 | | provisions of the Archaeological and
Paleontological |
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| 1 | | Resources Protection Act);
| 2 | | Crenshaw House State Historic Site, Gallatin County; | 3 | | Dana-Thomas House State Historic Site, Sangamon County;
| 4 | | David Davis Mansion State Historic Site, McLean County;
| 5 | | Douglas Tomb State Historic Site, Cook County;
| 6 | | Fort de Chartres State Historic Site, Randolph County;
| 7 | | Fort Kaskaskia State Historic Site, Randolph County;
| 8 | | Grand Village of the Illinois, LaSalle County;
| 9 | | U. S. Grant Home State Historic Site, Jo Daviess County;
| 10 | | Hotel Florence, Cook County;
| 11 | | Jarrot Mansion State Historic Site, St. Clair County;
| 12 | | Jubilee College State Historic Site, Peoria County;
| 13 | | Lewis and Clark State Historic Site, Madison County;
| 14 | | Lincoln-Herndon Law Offices State Historic Site, Sangamon | 15 | | County;
| 16 | | Lincoln Log Cabin State Historic Site, Coles County;
| 17 | | Lincoln's New Salem State Historic Site, Menard County;
| 18 | | Lincoln Tomb State Historic Site, Sangamon County;
| 19 | | Pierre Menard Home State Historic Site, Randolph County;
| 20 | | Martin Boismenue House State Historic Site, St. Clair | 21 | | County; | 22 | | Metamora Courthouse State Historic Site, Woodford County;
| 23 | | Moore Home State Historic Site, Coles County;
| 24 | | Mount Pulaski Courthouse State Historic Site, Logan | 25 | | County;
| 26 | | Old Market House State Historic Site, Jo Daviess County;
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| 1 | | Old State Capitol State Historic Site, Sangamon County;
| 2 | | Postville Courthouse State Historic Site, Logan County;
| 3 | | Pullman Factory, Cook County;
| 4 | | Rose Hotel, Hardin County;
| 5 | | Carl Sandburg State Historic Site, Knox County;
| 6 | | Shawneetown Bank State Historic Site, Gallatin County;
| 7 | | Vachel Lindsay Home, Sangamon County;
| 8 | | Vandalia State House State Historic Site, Fayette County; | 9 | | and
| 10 | | Washburne House State Historic Site, Jo Daviess County.
| 11 | | State Memorials
| 12 | | Campbell's Island State Memorial, Rock Island County;
| 13 | | Governor Bond State Memorial, Randolph County;
| 14 | | Governor Coles State Memorial, Madison County;
| 15 | | Governor Horner State Memorial, Cook County;
| 16 | | Governor Small State Memorial, Kankakee County;
| 17 | | Illinois Vietnam Veterans State Memorial, Sangamon County;
| 18 | | Kaskaskia Bell State Memorial, Randolph County;
| 19 | | Korean War Memorial, Sangamon County;
| 20 | | Lewis and Clark State Memorial, Madison County;
| 21 | | Lincoln Monument State Memorial, Lee County;
| 22 | | Lincoln Trail State Memorial, Lawrence County;
| 23 | | Lovejoy State Memorial, Madison County;
| 24 | | Norwegian Settlers State Memorial, LaSalle County; and
| 25 | | Wild Bill Hickok State Memorial, LaSalle County ; and .
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| 1 | | World War II Memorial, Sangamon County.
| 2 | | Miscellaneous Properties
| 3 | | Albany Mounds, Whiteside County;
| 4 | | Emerald Mound, St. Clair County;
| 5 | | Halfway Tavern, Marion County;
| 6 | | Hofmann Tower, Cook County; and
| 7 | | Kincaid Mounds, Massac and Pope Counties.
| 8 | | (Source: P.A. 92-600, eff. 7-1-02.)
| 9 | | (20 ILCS 3405/22)
| 10 | | Sec. 22. Amistad and Freedom Trail Commission. | 11 | | (a) Purpose. The General Assembly finds and declares that | 12 | | all people should know of and remember the human carnage and | 13 | | dehumanizing atrocities committed during the period of the | 14 | | African slave trade and slavery in America and of the vestiges | 15 | | of slavery in this country; and it is in fact vital to educate | 16 | | our citizens on these events, the legacy of slavery, the sad | 17 | | history of racism in this country, and the principles of human | 18 | | rights and dignity in a civilized society. | 19 | | It is the policy of the State of Illinois that the history | 20 | | of the African slave trade, slavery in America, the underground | 21 | | railroad, the depth of their impact in our society, and the | 22 | | triumphs of African-Americans and their significant | 23 | | contributions to the development of this country is the proper | 24 | | concern of all people, particularly students enrolled in the |
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| 1 | | schools of the State of Illinois. | 2 | | It is therefore desirable to create a Commission that, as | 3 | | an organized body and on a continuous basis, will survey, | 4 | | design, encourage, and promote the implementation of education | 5 | | and awareness programs in Illinois that are concerned with the | 6 | | African slave trade, slavery in America, the vestiges of | 7 | | slavery in this country, the underground railroad, and the | 8 | | contributions of African-Americans in building our country; to | 9 | | develop workshops, institutes, seminars, and other teacher | 10 | | training activities designed to educate teachers on this | 11 | | subject matter; and that will be responsible for the | 12 | | coordination of events on a regular basis, throughout the | 13 | | State, that provide appropriate memorialization of the events | 14 | | concerning the enslavement of Africans and their descendants in | 15 | | America and their struggle for freedom, liberty, and equality. | 16 | | (b) Amistad and Freedom Trail Commission. The Amistad and | 17 | | Freedom Trail Commission is created within the Agency. The | 18 | | Commission is named to honor the group of enslaved Africans | 19 | | transported in 1839 on a vessel named the Amistad who overthrew | 20 | | their captors and created an international incident that was | 21 | | eventually argued before the Supreme Court and that shed a | 22 | | growing light on the evils of the slave trade and galvanized a | 23 | | growing abolitionist movement towards demanding the end of | 24 | | slavery in the United States. | 25 | | (c) Membership. The Commission shall consist of 15 members, | 26 | | including 3 ex officio members: the State Superintendent of |
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| 1 | | Education or
his or her designee, the Director of Commerce and | 2 | | Economic Opportunity or his or her designee, and the Director | 3 | | of Historic Sites and Preservation or his or her designee; and | 4 | | 12 public
members. Public members shall be appointed as | 5 | | follows: | 6 | | (i) 2 members appointed by the President of the Senate | 7 | | and one member appointed by the Minority Leader of the | 8 | | Senate;
| 9 | | (ii) 2 members appointed by the Speaker of the House of | 10 | | Representatives and one member appointed by the Minority | 11 | | Leader of the House of Representatives; and
| 12 | | (iii) 6 members , no more than 4 of whom shall be of the | 13 | | same political party, appointed by the Governor.
| 14 | | The public members shall be residents of this State, chosen | 15 | | with due regard to broad geographic representation and ethnic | 16 | | diversity, who have served actively in organizations that | 17 | | educate the public on the history of the African slave trade, | 18 | | the contributions of African-Americans to our society, and | 19 | | civil rights issues. | 20 | | Each public member of the Commission shall serve for a term | 21 | | of 3 years, except that of the initial members so appointed: | 22 | | one member appointed by the President of the Senate, one member | 23 | | appointed by the Speaker of the House of Representatives, and 2 | 24 | | members appointed by the Governor shall serve for terms of one | 25 | | year; the member appointed by the Minority Leader of the | 26 | | Senate, one member appointed by the Speaker of the House of |
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| 1 | | Representatives, and 2 members appointed by the Governor shall | 2 | | serve for terms of 2 years; and one member appointed by the | 3 | | President of the Senate, the member appointed by the Minority | 4 | | Leader of the House of Representatives, and 2 members appointed | 5 | | by the Governor shall serve for terms of 3 years. Public | 6 | | members shall be eligible for reappointment. They shall serve | 7 | | until their successors are appointed and qualified, and the | 8 | | term of the successor of any incumbent shall be calculated from | 9 | | the expiration of the term of that incumbent. A vacancy | 10 | | occurring other than by expiration of term shall be filled in | 11 | | the same manner as the original appointment, but for the | 12 | | unexpired term only. | 13 | | (d) Election of chairperson; meetings. At its first meeting | 14 | | and annually thereafter, the Commission shall elect from among | 15 | | its members a chairperson and other officers it considers | 16 | | necessary or appropriate. After its first meeting, the | 17 | | Commission shall meet at least quarterly, or more frequently at | 18 | | the call of the chairperson or if requested by 9 or more | 19 | | members. | 20 | | (e) Quorum. A majority of the members of the Commission | 21 | | constitute a quorum for the transaction of business at a | 22 | | meeting of the Commission. A majority of the members present | 23 | | and serving is required for official action of the Commission. | 24 | | (f) Public meeting. All business that the Commission is | 25 | | authorized to perform shall be conducted at a public meeting of | 26 | | the Commission, held in compliance with the Open Meetings Act. |
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| 1 | | (g) Freedom of Information. A writing prepared, owned, | 2 | | used, in the possession of, or retained by the Commission in | 3 | | the performance of an official function is subject to the | 4 | | Freedom of Information Act. | 5 | | (h) Compensation. The members of the Commission shall serve | 6 | | without compensation, but shall be entitled to reimbursement | 7 | | for all necessary expenses incurred in the performance of their | 8 | | official duties as members of the Commission from funds | 9 | | appropriated for that purpose. Reimbursement for travel, | 10 | | meals, and lodging shall be in accordance with the rules of the | 11 | | Governor's Travel Control Board. | 12 | | (i) Duties. The Commission shall have the following | 13 | | responsibilities and duties:
| 14 | | (1) To prepare a master plan to promote and preserve | 15 | | the history of the African slave trade, slavery in America, | 16 | | the vestiges of slavery in this country, the freedom trail | 17 | | and underground railroad in the State, and the | 18 | | contributions of African-Americans to our society. | 19 | | (2) (1) To provide, based upon the collective interest | 20 | | of the members and the knowledge and experience of the | 21 | | members, assistance and advice to schools within the State | 22 | | with respect to the implementation of education, awareness | 23 | | programs, textbooks, and educational materials concerned | 24 | | with the African slave trade, slavery in America, the | 25 | | vestiges of slavery in this country, the underground | 26 | | railroad, and the contributions of African-Americans to |
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| 1 | | our society. | 2 | | (3) (2) To survey and catalog the extent and breadth of | 3 | | education concerning the African slave trade, slavery in | 4 | | America, the vestiges of slavery in this country, the | 5 | | underground railroad, and the contributions of | 6 | | African-Americans to our society presently being | 7 | | incorporated into the curricula and textbooks and taught in | 8 | | the school systems of the State; to inventory those African | 9 | | slave trade, American slavery, or relevant | 10 | | African-American history memorials, exhibits, and | 11 | | resources that should be incorporated into courses of study | 12 | | at educational institutions, schools, and various other | 13 | | locations throughout the State; and to assist the State | 14 | | Board of Education and
other State and educational agencies | 15 | | in the development and implementation of African slave | 16 | | trade, American slavery, and African-American history | 17 | | education programs. | 18 | | (4) (3) To act as a liaison with textbook publishers, | 19 | | schools, public, private, and nonprofit resource | 20 | | organizations,
and members of the United States Senate and | 21 | | House of
Representatives and the Illinois Senate and House | 22 | | of Representatives in
order to facilitate the inclusion of | 23 | | the history of African slavery and
of African-Americans in | 24 | | this country in the curricula of public and
nonpublic | 25 | | schools. | 26 | | (5) (4) To compile a roster of individual volunteers |
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| 1 | | who are willing to share their knowledge and experience in | 2 | | classrooms, seminars, and workshops with students and | 3 | | teachers on the subject of the African slave trade, | 4 | | American slavery, the impact of slavery on our society | 5 | | today, and the contributions of African-Americans to our | 6 | | country. | 7 | | (6) (5) To coordinate events memorializing the African | 8 | | slave trade, American slavery, the freedom trail and | 9 | | underground railroad, and the history of African-Americans | 10 | | in this country that reflect the contributions of | 11 | | African-Americans in overcoming the burdens of slavery and | 12 | | its vestiges ; , and to seek volunteers who are willing and | 13 | | able to participate in commemorative events that will | 14 | | enhance student awareness of the significance of the | 15 | | African slave trade, American slavery, its historical | 16 | | impact, and the struggle for freedom ; and to assist in | 17 | | developing partnerships to seek public and private funds to | 18 | | carry out these events . | 19 | | (7) (6) To prepare reports for the Governor and the | 20 | | General Assembly regarding its findings and | 21 | | recommendations on facilitating the inclusion of the | 22 | | African slave trade, American slavery studies, | 23 | | African-American history, the underground railroad, and | 24 | | special programs in the educational system of the State.
| 25 | | (8) To assist in and promote the making of applications | 26 | | for inclusion in the National Park Service's National |
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| 1 | | Underground Railroad Network to Freedom Program. | 2 | | (9) (7) To develop, in consultation with the State | 3 | | Board of Education, curriculum guidelines that will be made | 4 | | available to every school board for the teaching of | 5 | | information on the African slave trade, slavery in America, | 6 | | the vestiges of slavery in this country, the underground | 7 | | railroad, and the contributions of African-Americans to | 8 | | our country.
| 9 | | (10) (8) To solicit, receive, and accept | 10 | | appropriations, gifts, and donations for Commission | 11 | | operations and programs authorized under this Section.
| 12 | | (j) Commission requests for assistance. The Commission is | 13 | | authorized to call upon any department, office, division, or | 14 | | agency of the State, or of any county, municipality, or school | 15 | | district of the State, to supply such data, program reports, | 16 | | and other information, appropriate school personnel, and | 17 | | assistance as it deems necessary to discharge its | 18 | | responsibilities under this Act. These departments, offices, | 19 | | divisions, and agencies shall, to the extent possible and not | 20 | | inconsistent with any other law of this State, cooperate with | 21 | | the Commission and shall furnish it with such information, | 22 | | appropriate school personnel, and assistance as may be | 23 | | necessary or helpful to accomplish the purposes of this Act.
| 24 | | (k) State Board of Education assistance. The State Board of | 25 | | Education shall: | 26 | | (1) Assist the Amistad and Freedom Trail Commission in |
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| 1 | | marketing and distributing to educators, administrators, | 2 | | and school districts in the State educational information | 3 | | and other materials on the African slave trade, slavery in | 4 | | America, the vestiges of slavery in this country, the | 5 | | underground railroad, and the contributions of | 6 | | African-Americans to our society. | 7 | | (2) Conduct at least one teacher workshop annually on | 8 | | the African slave trade, slavery in America, the vestiges | 9 | | of slavery in this country, the underground railroad, and | 10 | | the contributions of African-Americans to our society. | 11 | | (3) Assist the Amistad and Freedom Trail Commission in | 12 | | monitoring the inclusion of slavery materials and | 13 | | curricula in the State's educational system. | 14 | | (4) Consult with the Amistad and Freedom Trail | 15 | | Commission to determine ways it may survey, catalog, and | 16 | | extend slave trade and American slavery education | 17 | | presently being taught in the State's educational system. | 18 | | The State Board of Education may, subject to the | 19 | | availability of appropriations, hire additional staff and | 20 | | consultants to carry out the duties and responsibilities | 21 | | provided within this subsection (k). | 22 | | (l) Report. The Commission shall report its activities and | 23 | | findings, as required under subsection (i), to the Governor and | 24 | | General Assembly on or before June 30, 2006, and biannually | 25 | | thereafter.
| 26 | | (Source: P.A. 94-285, eff. 7-21-05.)
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| 1 | | (20 ILCS 3405/33)
| 2 | | Sec. 33. Administration of the Lincoln Presidential | 3 | | Library. The
Governor, with the advice and consent of the | 4 | | Senate, shall appoint a Library
Director of the Lincoln | 5 | | Presidential
Library. The
Library Director shall serve at the | 6 | | pleasure of the Governor. The Library
Director
shall, subject | 7 | | to
applicable provisions of law, execute and discharge the | 8 | | powers and duties of
the Lincoln
Presidential Library and | 9 | | implement the policies set by the Board. The Library
Director, | 10 | | with the
concurrence of the Board, shall appoint : (a) a Library | 11 | | Facilities Operations
Director; and (b)
a Director of the | 12 | | Illinois State Historical
Library and may appoint a Library | 13 | | Facilities Operations Director . Subject to
concurrence by the | 14 | | Board, the Library Director shall appoint those other
employees | 15 | | of the
Lincoln Presidential Library and
the Illinois State
| 16 | | Historical Library as he or she deems appropriate and shall fix | 17 | | the
compensation of the Library
Facilities Operations | 18 | | Director, the Director of
the Illinois State
Historical | 19 | | Library, and other employees.
The Library Director, with the | 20 | | approval of the Board, may establish and collect
admission and | 21 | | registration fees, may operate a gift shop and restaurant , and | 22 | | may publish and
sell educational and informational materials.
| 23 | | (Source: P.A. 92-600, eff. 7-1-02.)
| 24 | | (20 ILCS 3405/34)
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| 1 | | Sec. 34. Internal Auditor. There is created the Office of | 2 | | the Internal
Auditor
of the Historic
Preservation Agency. The | 3 | | Office shall function in compliance with the Fiscal Control and | 4 | | Internal Auditing Act. The Internal Auditor shall report to the | 5 | | Director and the Board. The Internal Auditor shall be appointed | 6 | | by the Board,
shall serve at the
pleasure of the Board, and | 7 | | shall report to the Board. The Internal Auditor
shall audit and
| 8 | | maintain the financial books, records, papers, and | 9 | | transactions of the Lincoln
Presidential Library
and the | 10 | | Historic Sites and Preservation Division of the Historic | 11 | | Preservation
Agency. The Internal
Auditor shall
prepare an | 12 | | annual report for each fiscal year of the operations of the | 13 | | Historic
Preservation
Agency, which shall be submitted to the | 14 | | Board, the General Assembly, and the
Governor.
Nothing in this | 15 | | Section shall abridge the authority of the Illinois Auditor
| 16 | | General to
independently audit the Illinois Historic | 17 | | Preservation Agency or any of the
libraries, divisions, or
| 18 | | offices contained within the Agency.
| 19 | | (Source: P.A. 92-600, eff. 7-1-02.)
| 20 | | (20 ILCS 3405/20 rep.)
| 21 | | Section 10. The Historic Preservation Agency Act is amended | 22 | | by repealing Section 20. | 23 | | Section 15. The Illinois Historic Preservation Act is | 24 | | amended by changing Section 3 as follows:
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| 1 | | (20 ILCS 3410/3) (from Ch. 127, par. 133d3)
| 2 | | Sec. 3.
There is recognized and established hereunder the | 3 | | Illinois Historic
Sites Advisory Council, previously | 4 | | established pursuant to Federal regulations,
hereafter called | 5 | | the Council. The Council shall consist of
11 Illinois residents | 6 | | 15 members . Of these, there shall be at least 2 3 historians, | 7 | | at least 2 3
architectural historians, or architects with a | 8 | | preservation background,
and at least 2 3 archeologists. These | 9 | | 6 members shall meet the minimum standards of professional | 10 | | qualifications as set forth in 36 CFR 61.4(e) and verified by | 11 | | the State Historic Preservation Officer. Professionals from | 12 | | closely related fields are eligible to serve on the Council in | 13 | | lieu of the above specified professionals subject to the | 14 | | approval of the National Park Service. The remaining 5 6 | 15 | | members shall be drawn from
supporting fields and have a | 16 | | preservation interest. Supporting fields shall
include but not | 17 | | be limited to historical geography, law, urban planning,
local | 18 | | government officials, and members of other preservation | 19 | | commissions.
All shall be appointed by the Director of Historic | 20 | | Sites and Preservation,
with the consent of the Board.
| 21 | | The Council Chairperson shall be appointed by the Director | 22 | | of Historic
Sites and Preservation from the Council
membership | 23 | | and shall serve at the Director's pleasure.
| 24 | | The Director of the Lincoln Presidential Library and the | 25 | | Director of
the Illinois State Museum shall serve on the |
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| 1 | | Council
in advisory capacity as non-voting members.
| 2 | | The term of office for Council members shall be 2 years, | 3 | | with 5 members to be appointed one year and 6 members to be | 4 | | appointed in alternate years. No member shall be appointed to | 5 | | more than 3 consecutive terms. Terms of membership shall be 3 | 6 | | years and shall be staggered by the Director
to assure | 7 | | continuity of representation.
| 8 | | The Council shall meet at least 3 times each year. | 9 | | Additional meetings
may be held at the call of the chairperson | 10 | | or at the call of the Director.
| 11 | | Members shall serve without compensation, but shall be | 12 | | reimbursed for actual
expenses incurred in the performance of | 13 | | their duties.
| 14 | | (Source: P.A. 97-785, eff. 7-13-12.)
| 15 | | (20 ILCS 3988/Act rep.)
| 16 | | Section 20. The Local Legacy Act is repealed.
| 17 | | Section 25. The School Code is amended by changing Section | 18 | | 27-20.4 as follows:
| 19 | | (105 ILCS 5/27-20.4) (from Ch. 122, par. 27-20.4)
| 20 | | Sec. 27-20.4. Black History Study. Every public elementary | 21 | | school and
high school shall include in its curriculum a unit | 22 | | of instruction studying
the events of Black History, including | 23 | | the history of the African slave trade, slavery in America, and |
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| 1 | | the vestiges of slavery in this country. These events shall | 2 | | include not only the
contributions made by individual | 3 | | African-Americans in government and in the
arts, humanities and | 4 | | sciences to the economic, cultural and political
development of | 5 | | the United States and Africa, but also the socio-economic
| 6 | | struggle which African-Americans experienced collectively in | 7 | | striving to
achieve fair and equal treatment under the laws of | 8 | | this nation. The
studying of this material shall constitute an | 9 | | affirmation by students of
their commitment to respect the | 10 | | dignity of all races and peoples and to
forever eschew every | 11 | | form of discrimination in their lives and careers.
| 12 | | The State Superintendent of Education may prepare and make | 13 | | available to
all school boards instructional materials, | 14 | | including those established by the Amistad and Freedom Trail | 15 | | Commission, which may be used as guidelines
for development of | 16 | | a unit of instruction under this Section; provided,
however, | 17 | | that each school board shall itself determine the minimum | 18 | | amount
of instruction time which shall qualify as a unit of | 19 | | instruction satisfying
the requirements of this Section.
| 20 | | (Source: P.A. 94-285, eff. 7-21-05.)
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| 1 | |
INDEX
| 2 | |
Statutes amended in order of appearance
| | 3 | | 20 ILCS 3405/6 | from Ch. 127, par. 2706 | | 4 | | 20 ILCS 3405/22 | | | 5 | | 20 ILCS 3405/33 | | | 6 | | 20 ILCS 3405/34 | | | 7 | | 20 ILCS 3405/20 rep. | | | 8 | | 20 ILCS 3410/3 | from Ch. 127, par. 133d3 | | 9 | | 20 ILCS 3988/Act rep. | |
| 10 | | 105 ILCS 5/27-20.4 | from Ch. 122, par. 27-20.4 |
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