Illinois General Assembly - Full Text of HB3198

LRB104 09522 LNS 19585 b

104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB3198

Introduced 2/18/2025, by Rep. Daniel Didech

SYNOPSIS AS INTRODUCED:

105 ILCS 5/27-23.8a new
105 ILCS 5/27-23.8 rep.

Amends the Courses of Study Article of the School Code. Repeals provisions regarding disability history and awareness. Provides instead that, beginning with the 2027-2028 school year, every public elementary school and high school shall include in its curriculum a unit of instruction studying disability history and culture. Requires the State Board of Education to prepare and make available to all school boards instructional materials, some of which must be used in the unit of instruction and others of which may be used as guidelines for development of a unit of instruction. Provides that the minimum amount of instructional time that qualifies as a unit of instruction is one hour and the minimum required cumulative total instructional time through grades kindergarten through 12 is 10 hours. Requires the regional superintendent of schools to monitor a school district's compliance with the curricular requirements during his or her annual compliance visit. Sets forth requirements concerning the unit of instruction. Provides for what the instruction, study, and discussion in grades kindergarten through 5 may include and what the instruction, study, and discussion in grades 6 through 12 shall include. Provides for collaboration.

STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT MAY APPLY

A BILL FOR

AN ACT concerning education.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The School Code is amended by adding Section 27-23.8a as follows:

(105 ILCS 5/27-23.8a new)

Sec. 27-23.8a. Study of disability history and culture.

(a) Beginning with the 2027-2028 school year, every public elementary school and high school shall include in its curriculum a unit of instruction studying disability history and culture as provided in this Section. The studying of this material shall constitute an affirmation by students of their commitment to respect the inherent dignity of all people without prejudice based on disability and to forever eschew every form of discrimination in their lives and careers. By studying this material, students will recognize that disability is an inherent characteristic and is one of multiple components of individuals' identities.

(b) The State Board of Education shall prepare and make available to all school boards instructional materials, some of which must be used in the unit of instruction under this Section and others of which may be used as guidelines for development of a unit of instruction under this Section.

The minimum amount of instructional time that qualifies as a unit of instruction satisfying the requirements of this Section is one hour. The minimum required cumulative total instructional time through grades kindergarten through 12 is 10 hours. This cumulative total time may be dispersed across multiple grade levels and subjects, though at least 5 hours of instruction must take place from grades 6 through 12.

(c) The regional superintendent of schools shall monitor a school district's compliance with this Section's curricular requirements during his or her annual compliance visit.

(d) The unit of instruction under this Section must be founded on the principle that all students, including disabled students, have the right to exercise self-determination. The unit of instruction shall teach future generations that disabled people have a rich history and have made valuable contributions throughout this State and the United States and teach future generations that disability is a natural part of life and that disabled people have a right to be treated with civil, legal, and human rights and as full human beings above all else.

(e) For grades kindergarten through 5, instruction, study, and discussion under this Section may include, as appropriate, each of the following:

(1) The importance of treating others with respect.

(2) What a disability is and how it manifests itself.

(A) The types of disabilities.

(B) Apparent and nonapparent disabilities.

(3) Appropriate language to use when talking about a disability.

(A) Person-first and identity-first language, and the importance of respecting disabled individuals' language preferences.

(B) The importance of refraining from use of terms describing disability as insults.

(4) Etiquette.

(A) What to do:

(i) Ask questions when appropriate.

(ii) Keep your hands to yourself.

(B) What not to do:

(i) Talk down or condescend to disabled people.

(ii) Try to assist without asking for permission in advance.

(iii) Stare at a disabled person or intentionally look away from them.

(iv) Assume whether somebody is disabled.

(f) For grades 6 through 12, instruction, study, and discussion under this Section shall include, at a minimum, all of the following:

(1) What a disability is and how it manifests itself.

(A) The types of disabilities.

(B) Apparent and nonapparent disabilities.

(2) Appropriate language to use when talking about a disability.

(A) Person-first and identity-first language.

(i) The importance of respecting disabled individuals' language preferences.

(ii) The problem with the use of person-first language to describe disabled individuals who prefer identity-first language.

(B) The importance of refraining from the use of terms describing a disability as an insult.

(C) The importance of refraining from labeling disabled people as "afflicted by", "suffering from", or being a "victim of" a disability.

(D) The controversy around common terms used to describe a disability, including, but not limited to, "special needs", "twice exceptional", "differently abled", and "high functioning" or "low functioning".

(3) Models of disability.

(A) The social, medical, and charity or tragedy models of disability.

(B) Why the social model of disability best represents disabilities.

(4) Disability history in the United States.

(A) A selection of all of the following events and laws:

(i) The eugenics movement in the early 20th century.

(ii) The federal Social Security Act and the establishment of Social Security Disability Insurance.

(iii) The federal Veterans' Rehabilitation and Education Amendments of 1980.

(iv) The Community Mental Health Act.

(v) The federal Architectural Barriers Act of 1968.

(vi) The federal Rehabilitation Act of 1973.

(vii) Repeal of the "Ugly Laws" in the City of Chicago.

(viii) The federal Individuals with Disabilities Education Act and the 504 sit-ins in 1977.

(ix) The federal Americans with Disabilities Act of 1990 and the Capitol Crawl in 1990.

(x) 21st century events.

(I) The founding of the Autistic Self Advocacy Network in 2006.

(II) The U.S. Senate's rejection of the ratification of the United Nations' Convention on the Rights of Persons with Disabilities.

(B) Notable disabled activists, including those from this State.

(C) How barriers still exist despite progress.

(5) Etiquette and effective allyship strategies.

(A) Etiquette.

(i) What to do as follows:

(I) Ask questions when appropriate.

(II) Keep your hands to yourself.

(III) Communicate with disabled people in the same way that you would with nondisabled people.

(ii) What not to do as follows:

(I) Ask nosy questions or give unsolicited advice.

(II) Record disabled people or share such recordings without permission.

(III) Talk down or condescend to disabled people.

(IV) Try to assist without asking for permission in advance.

(V) Stare at a disabled person or intentionally look away from the person.

(VI) Assume whether somebody is disabled.

(VII) Pretend you understand what another person's life experience is like.

(B) Allyship.

(i) The importance of letting disabled people lead accessibility movements.

(ii) The problems with disability simulations and better alternatives for understanding disabled people's life experiences.

(6) Disability and education.

(A) An explanation of what individualized education programs and federal Section 504 plans are and how those apply to students.

(B) A description of how ostracization and structural exclusion of disabled people manifests in school environments.

(C) Encouragement of mutual respect through indifference toward others' disabilities inside and outside the classroom.

(7) Recognizing and challenging ableism.

(A) What ableism is.

(B) Accessibility practices and their role in combating ableism.

(C) Recognizing ableist tropes as follows:

(i) The idea that disabled people are inherently inspirational, such that an "inspiring" action of theirs would not be inspiring were they nondisabled.

(I) Stories of "overcoming adversity".

(II) Stories of normal life events that become notable because the subject of the event is disabled.

(III) Stories of nondisabled people "helping" nondisabled people.

(ii) The idea that disabled people are deserving of pity.

If possible, disabled individuals should be incorporated into the development and delivery of this unit of instruction. The instruction may be supplemented by knowledgeable guest speakers from the disability community. A school board may collaborate with community-based organizations, such as centers for independent living, parent training and information centers, and other consumer-driven groups, and disability membership organizations in creating this unit of instruction.

(105 ILCS 5/27-23.8 rep.)

Section 10. The School Code is amended by repealing Section 27-23.8.