In Opposition

Despite the concurrence of doctors, nurses and educators who are expert in diabetes care, the last remaining opposition groups are convincing some less than wary Senators that this bill is: (1) an unfunded mandate, (2) fails to provide a statewide policy, (3) violates terms of collective bargaining agreements, and (3) should be replaced by language that re-seats policy making back to the local school level (never mind that it's bad local policy making that created the need for HB146 in the first place).

The Illinois Federation of Teachers
READ IFT'S MEMO >>>

The Illinois Education Association
READ IEA's FACT SHEET >>>

Opposition Messages
READ MESSAGES >>>

Proponents and opponents alike have raised concerns
during the process of advancing this bill in the General Assembly. Click here to read CONCERNS & CLARIFICATIONS >>>

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A Word About Mandates and Funding

In and of themselves, unfunded mandates are not necessarily bad. Some of our most treasured rights have been created by the will of the people, codified by federal law and are mandated without appropriations----think civil rights, voting rights, even federal elections, which are mandated by the federal government and paid for by the states.

Some opposition interests charge that HB146 is an "unfunded mandate." It's true that no specific appropriations have been assigned to this bill. It's because we are confident that once schools understand how easy it is to implement the provisions of HB146, existing resources and in-service training programs can be adapted. This confidence is based upon the many schools in Illinois that already do right by students with diabetes.

The "unfunded mandate" charge is, however, a useful trope and leveling is the default tool for special interest groups opposed to this bill who cannot respond to the substantive issues involved. Characterizing a bill as an unfunded mandate suggests fiscal alertness, a guardian standing watch against something wrong. Calling something an "unfunded mandate" also sounds like someone if trying to force another to do a job without paying for it.

Of course, that is not the case with HB146. Illinois schools receive state and federal funds and are required to comply with state and federal laws as a condition for receiving those funds. Principals, teachers and other school personnel receive paychecks, pensions and health insurance in return for their service under terms that we, together as a state, have some say in defining.

HB146 is founded upon the principals of three federal laws. Each of them conveys funding, either directly or indirectly, and in some instances only if a state voluntarily opts-in to a federal program.

HB146 simply reaffirms existing rights and obligations under these laws and creates a state right of action so that when schools prove recalcitrant, relying on the labyrinth of "due process" to work as their bully stick, parents have ready avenue for redress. It also works to pressure principals and school boards---not teachers or nurses--- to fulfill their end of the bargain, the one they made when they chose to accept state and federal funding.