Wednesday, December 31, 2008

Illinois Voting by Minors Act

To learn early about corruption...

§ 105 ILCS 50/5. Development of program. (a) The State Board of Elections and the State Board of Education shall develop a pilot program under which elementary and secondary school students in kindergarten through grade 12 in participating school districts and counties may participate in a simulated election held on the date of the general election in 2004.
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§ 105 ILCS 50/10. Funding. (a) Implementation of the program is contingent upon receipt of the necessary funding from private sources.
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§ 105 ILCS 50/25. Basic program requirements. The program standards jointly developed under subsection (c) of Section 5 shall require: (i) that children register to vote in the simulated election; (ii) that on the day of the 2004 general election the children accompany their parents to the polls and vote on separate ballots in voting booths adjacent to the adult booths; (iii) that the children vote on the same races and propositions as the adult voters, except that the number of races or propositions on which the younger children vote may be reduced as necessary based on their grade level; (iv) that the ballots be designed, using pictures and symbols as necessary, so that all children may vote their choice even though they are unable to read; (v) that simulated election judges participate at the polls as part of the simulated election; (vi) that the results of the simulated election be tabulated beginning after the closing of the polls and the results announced on the following day; and (vii) other standards that the State Board of Elections and State Board of Education determine will contribute to the voting experience of the children.

Tuesday, December 30, 2008

Cal Ed Code § 47612.7(c)

This is brilliant. Why don't more laws include this level of foresight?

This section shall become inoperative on July 1, 2012, and, as of January 1, 2013, is repealed, unless a later enacted statute, that becomes operative on or before January 1, 2013, deletes or extends the dates on which it becomes inoperative and is repealed.

Monday, December 29, 2008

D.C. Code §§ 38-306 and 38-308

Eventually and ideally I will find laws of olde from a wide variety of jurisdictions. In the meantime, enjoy the redundancy:

§ 38-306. Proof of residency All students enrolled in District of Columbia public schools and public charter schools funded by the District of Columbia or a student for whom educational services are paid by the District of Columbia shall provide proof of residency in the District or pay tuition pursuant to § 38-302. A determination of residency status shall be made annually for each such student. The methods used to determine residency status shall be consistent across District of Columbia public schools and public charter schools and shall be crafted to facilitate rather than hinder school enrollment of eligible students.

§ 38-308. Establishment of residency (a) The residency status of each student enrolling in a DCPS school or public charter school funded by the District of Columbia or a student for whom educational services are paid by the District of Columbia shall be established by October 5, or within 10 days of the time of initial enrollment, whichever occurs later, within the school year for which the student is being enrolled. Residency status shall be re-established annually. Residency status shall be established through the use of satisfactory documentation as set forth in §§ 38-309 and 38-310. The State Education Office, pursuant to § 38-2604(b)(3), shall establish such rules and procedures to carry out residency verification as it deems appropriate and as are consistent with this chapter.

Friday, December 26, 2008

20 U.S.C. § 6316(e)(12)(C)

Can you spot the error in editing?

(C) the term "supplemental educational services" means tutoring and other supplemental academic enrichment services that are--
(i) in addition to instruction provided during the school day; and
(ii) are of high quality, research-based, and specifically designed to increase the academic achievement of eligible children on the academic assessments required under section 1111 and attain proficiency in meeting the State's academic achievement standards.

Thursday, December 18, 2008

20 U.S.C. § 6303

The question here is: why are there two subsections saying exactly the same thing? Am I missing something?

(b) Uses. Of the amount reserved under subsection (a) for any fiscal year, the State educational agency-- (1) shall allocate not less than 95 percent of that amount directly to local educational agencies for schools identified for school improvement, corrective action, and restructuring, for activities under section 1116(b) [20 USCS § 6316(b)]; or (2) may, with the approval of the local educational agency, directly provide for these activities or arrange for their provision through other entities such as school support teams or educational service agencies.

(g) (7) Allocation. A State educational agency that receives a grant under this subsection shall allocate at least 95 percent of the grant funds directly to local educational agencies for schools identified for school improvement, corrective action, or restructuring to carry out activities under section 1116(b) [20 USCS § 6316(b)], or may, with the approval of the local educational agency, directly provide for these activities or arrange for their provision through other entities such as school support teams or educational service agencies.

Wednesday, December 17, 2008

D.C. Code § 1-1106.02(a)

(a) Any candidate for nomination for election, or election, to public office at the time he or she becomes a candidate, who does not occupy any such office, shall file within one month after he or she becomes a candidate for such office, and the Mayor and the Chairman and each member of the Council of the District of Columbia holding office under the District of Columbia Home Rule Act, a Representative or Senator elected pursuant to § 1-123, the President and each member of the Board of Education, and persons serving as subordinate agency heads or serving in positions designated as within the Legal Service, the Excepted Service, or the Management Supervisory Service (regardless of date of appointment) and paid at a rate of DS-13 or above, or MS-13 or above in case of the Management Supervisory Service, or designated in § 1-609.08 and each member of the District of Columbia Board of Accountancy, established by § 3-1503 [repealed]; the Board of Examiners and Registrars of Architects, established by § 3-1601 [repealed]; the Board of Directors of the Public Parking Authority of the District of Columbia, established by § 50-2503; the Board of Barber Examiners for the District of Columbia, established by § 3-1703 [repealed]; the District of Columbia Boxing and Wrestling Commission, established by § 3-604; the Board of Dental Examiners, established by § 3-2101 [repealed]; the District of Columbia Board of Cosmetology, established by § 3-2002 [repealed]; the Education Licensure Commission, established by § 38-1303; the Electrical Board, established by Commissioners' Order No. 54-1301, dated June 17, 1954; the Board of Funeral Directors, established by § 3-403 [repealed]; District of Columbia Taxicab Commission, established by Chapter 3 of Title 50; the Commission on Licensure to Practice the Healing Art in the District of Columbia, established by § 3-2903 [repealed]; the Board of Examiners for Nursing Home Administrators, established by Commissioner's Order No. 70-37, effective October 15, 1970; the Board of Occupational Therapy Practice, established by § 3-2305.5 [repealed]; the Board of Optometry, established by § 3-2403 [repealed]; the Board of Pharmacy, established by Chapter 20 of Title 2 [see now § 3-1202.08]; the Practical Nurses' Examining Board, established by § 3-2302.06 [repealed]; the Physical Therapists' Examining Board, established by § 3-2303.05 [repealed]; the Board of Psychologist Examiners, established by § 3-2304.05 [repealed]; the Plumbing Board, established by § 3-2501 [repealed]; the Board of Podiatry Examiners, established by § 3-2601 [repealed]; the District of Columbia Board of Registration for Professional Engineers, established by § 47-2886.05 [omitted]; the Real Estate Commission of the District of Columbia, established by § 42-1723 [repealed]; the Refrigeration and Air Conditioning Board, established by Commissioners' Order No. 55-2028, effective October 18, 1955; the Nurses Examining Board, established by § 3-2301.02 [repealed]; the Board of Examiners of Steam and Other Operating Engineers, established by § 3-2702 [repealed]; the Board of Examiners in Veterinary Medicine, established by § 3-531 [repealed]; the Alcoholic Beverage Control Board, established by § 25-104; the Board of Appeals and Review, established by Part I of Commissioners' Order No. 55-1500, effective August 11, 1955; the District of Columbia Armory Board, established by § 3-302; the Commission on the Arts and Humanities, established by § 39-203; the Condemnation Review Board, established by Commissioners' Order No. 54-2305, dated September 27, 1954; the Contract Appeals Board, D.C., established by Part VI of Commissioner's Order No. 68-399, dated June 6, 1968; the Criminal Justice Supervisory Board, established by § 3-903; the D.C. General Hospital Commission, established by § 44-1911 et seq. [repealed]; the District of Columbia Developmental Disabilities Planning Council, established by Mayor's Order No. 77-51a, dated March 30, 1977; the District of Columbia Board of Elections and Ethics, established by § 1-1001.03; the Office of Employee Appeals, established by subchapter VI of Chapter 6 of this title; Board of Real Property Assessments and Appeals for the District, established by § 47-825.01; the Board of Library Trustees, established by § 39-104; the District of Columbia Small and Local Business Opportunity Commission, established by § 2-218.21; the District of Columbia Occupational Safety and Health Board, established by Reorganization Plan No. 1 of 1978, effective June 27, 1978; the Public Employee Relations Board, established by subchapter V of Chapter 6 of this title; the Committee for the Purchase of Products and Services of the Blind and Other Severely Handicapped, established by § 32-303; the District of Columbia Rental Accommodations Commission, established by Chapter 40 of Title 42 [expired and repealed]; the Statewide Health Coordinating Commission, established by Mayor's Order No. 72-43, dated March 15, 1977; the Board of Trustees of the University of the District of Columbia, established by § 38-1202.01 et seq.; the Board of Zoning Adjustment, established by § 6-641.07; the Zoning Commission, established by § 6-621.01; the District of Columbia Commission on Postsecondary Education, established by Mayor's Order No. 75-23a, dated February 1, 1975; the District of Columbia Redevelopment Land Agency, established by § 6-301.03 [repealed]; the District of Columbia Housing Finance Agency, established by § 42-2702.01; and any board or commission created after April 23, 1980, which makes decisions in areas of contracting, procurement, administration of grants or subsidies, planning or developing policies, inspecting, licensing, regulating, auditing or acting in areas of responsibility involving any potential conflict of interest shall file annually with the Board a report containing a full and complete statement of: (1) the name of each business entity (including sole proprietorships, partnerships, and corporations) transacting any business with the District of Columbia government (including any of its agencies, departments, boards, commissions, or educational bodies) in which such person (or his or her spouse, if property is jointly titled): (A) has a beneficial interest (including those held in such person's own name, in trust, or in the name of a nominee) exceeding in the aggregate $ 1,000; provided, however, if such interest consists of corporate stocks which are registered and traded upon a recognized national exchange, such aggregate value must exceed $ 5,000; or (B) earns income for services rendered during a calendar year in excess of $ 1,000; or (C) serves as an officer, director, partner, employee, consultant, contractor, or in any other formal capacity or affiliation; (2) any outstanding individual liability in excess of $ 1,000 for borrowing by such person or his or her spouse if such liability is joint, from anyone other than a federal or state insured or regulated financial institution (including any revolving credit and installment accounts from any business enterprise regularly engaged in the business of providing revolving credit or installment accounts) or a member of such person's immediate family; (3) all real property located in the District of Columbia (and its actual location) in which such person or his or her spouse if such property is jointly titled, has an interest with a fair market value in excess of $ 5,000; provided, however, that this provision shall not apply to personal residences actually occupied by such person or his or her spouse; (4) all professional or occupational licenses issued by the District of Columbia government held by such person; (5) all gifts received in an aggregate value of $ 100 in a calendar year by such person from any business entity (including sole proprietorships, partnerships, and corporations) transacting any business with the District of Columbia government (including any of its agencies, departments, boards, commissions, or educational bodies); and (6) an affidavit stating that the subject candidate or office holder has not caused title to property to be placed in another person or entity for purposes of avoiding the disclosure requirements of this subsection. In addition to the foregoing information required to be disclosed pursuant to this subsection, the Mayor, the members of the Council, and the members of the Board of Education shall also disclose annually all outside income and honoraria, as defined in § 1-1108.01, accepted during the calendar year, as well as the identity of any client for whom the public official performed a service in connection with the public official's outside income if the client has a contract with the government of the District of Columbia or the client stands to gain a direct financial benefit from legislation that was pending before the Council during the calendar year. For the purpose of this subsection, "outside income" means any fixed payment at regular intervals for services rendered, self-employment, and royalties for any publication. For the purpose of this subsection, the words "immediate family" shall have the same meaning as in § 1-1106.01. The Board may, by rule, provide forms for the submission of the statement required by this subsection in aggregate categories. Information supplied pursuant to this subsection shall be modified by the filer within 30 days of any changes therein, and failure to inform the Board of such modifications is deemed to be a willful violation of this filing requirement. The Board may, on a case-by-case basis, provide for certain exemptions to this filing requirement which are deemed to be de minimis by the Board.


Seriously, two and a half pages? For a single section? With no subsections? My eyes glazed over by about the third line...

Monday, December 15, 2008

M.G.L. ch. 71 § 90

A parent or guardian of twins or higher order multiples may, if the children are in the same grade level at the same school request that the children be placed in the same classroom or in separate classrooms....

What I find most fascinating about this law? It is effective starting tomorrow. I wonder what inspired it.

Sunday, December 14, 2008

8 NYCRR § 108.7

§ 108.7 Other instruction

(a) Instruction concerning the flag as a symbol of American life should not be limited to the observance of Flag Day. Before leaving the elementary school, each child should come to think of himself as a "maker of the flag" and each pupil who passes through the secondary school should be guided in sober thought as to the meaning of "liberty and justice for all."