103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB4635

 

Introduced 1/31/2024, by Rep. Carol Ammons

 

SYNOPSIS AS INTRODUCED:
 
20 ILCS 65/20-15

    Amends the Data Governance and Organization to Support Equity and Racial Justice Act. Provides that, when the State Board of Education and specified Departments report demographic data, they shall use the same classifications as the Governor's Office of Equity, or other classifications as designated by the Governor, to develop a common set of racial and ethnic classifications for use by the Board and Department. Provides that the demographic classifications established shall be reviewed and updated as necessary every 5 years. Provides for exemptions from this reporting requirement. Provides that the Governor's Office of Equity shall establish a project implementation team to oversee the implementation of the Act. Provides that the Governor's Office of Equity or other entity as the Governor may designate shall work in conjunction with the Department of Innovation and Technology to identify and provide advice on common technological processes and procedures. Makes other changes.


LRB103 38304 SPS 68439 b

 

 

A BILL FOR

 

HB4635LRB103 38304 SPS 68439 b

1    AN ACT concerning State government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Data Governance and Organization to Support
5Equity and Racial Justice Act is amended by changing Section
620-15 as follows:
 
7    (20 ILCS 65/20-15)
8    Sec. 20-15. Data governance and organization to support
9equity and racial justice.
10    (a) By September 30 of each year On or before July 1, 2022
11and each July 1 thereafter, the Board and the Department shall
12issue a report, for the prior State fiscal year, that sets out
13statistical data related to on the racial, ethnic, age, sex,
14disability status, sexual orientation, gender identity, and
15primary or preferred language demographics of program
16participants for each major program administered by the Board
17or the Department, except as provided in subsection (a-5).
18Except as provided in subsection (b), when reporting the data
19required under this Section, the Board or the Department shall
20use for each program the same racial, and ethnic, age, sex,
21disability status, sexual orientation, gender identity, and
22primary or preferred language demographic classifications
23established by the Governor's Office of Equity, or other

 

 

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1classifications as designated by the Governor, to develop a
2common set or racial and ethnic classifications for use by the
3Board and Department. classifications for each program, which
4shall include, but not be limited to, the following:
5        (1) American Indian and Alaska Native alone.
6        (2) Asian alone.
7        (3) Black or African American alone.
8        (4) Hispanic or Latino of any race.
9        (5) Native Hawaiian and Other Pacific Islander alone.
10        (6) White alone.
11        (7) Middle Eastern or North African.
12        (8) Some other race alone.
13        (9) Two or more races.
14    The demographic classifications established by the
15Governor's Office of Equity or other classifications as
16designated by the Governor shall be reviewed and shall be
17updated, if necessary, every 5 years after the effective date
18of this amendatory Act of the 103rd General Assembly. The
19demographic classifications may be reviewed and updated at
20other times as directed by the Governor. The Board and the
21Department may further define, by rule, the racial and ethnic
22classifications, including, if necessary, a classification of
23"No Race Specified".
24    (a-5) In relation to major program participants, the Board
25shall not be required to collect personally identifiable
26information and report statistical data on the categories of

 

 

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1sex, sexual orientation, and gender identity unless required
2for federal reporting. The Board shall make available reports
3on its Internet website, posted where other mandated reports
4are posted, of statistical data on sex, sexual orientation,
5and gender identity demographics through anonymous surveys or
6other methods as age and developmentally appropriate.
7    (b) If a program administered by the Board or the
8Department is funded in whole or in part by federal funds and
9is subject to federal reporting requirements that include the
10collection and public reporting of statistical data on the
11racial and ethnic, age, sex, disability status, sexual
12orientation, gender identity, or primary or preferred language
13demographic classifications, then the program is exempt from
14the demographic collection requirements demographics of
15program participants, the Department may maintain the same
16racial and ethnic classifications used under the federal
17requirements if such classifications differ from the
18classifications listed in subsection (a) only for those
19classifications that are federally reportable.
20    (b-5) If a program administered by the Board or the
21Department serves and collects data from individuals younger
22than 18 years old, the program is exempt from the sexual
23orientation and gender identity demographic collection
24requirements described in subsection (a). Nothing in this
25Section shall prohibit the Board or Department from collecting
26data on sexual orientation or gender identity of persons

 

 

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1younger than 18 years old if the data is collected
2anonymously, is necessary to make determinations on
3eligibility for the program, or is required by the program to
4provide services.
5    (b-6) If a program administered by the Board or the
6Department serves and collects data from individuals younger
7than 18 years old or adults who are receiving services due to
8having been victims of domestic violence, are receiving
9services from the Department of Children and Family Services,
10or are under investigation by the Department of Children and
11Family Services, the program is exempt from the sexual
12orientation and gender identity demographic collection
13requirements described in subsection (a). Nothing in this
14Section shall prohibit the Board or Department from collecting
15data on sexual orientation or gender of the persons described
16in this subsection if the data is collected anonymously, is
17necessary to make determinations on eligibility for the
18program, or is required by the program to provide services.
19    (b-7) The Governor's Office of Equity shall establish a
20project implementation team to oversee the implementation of
21this Act consisting of one representative from each of the
22following:
23        (1) the Governor's Office;
24        (2) the Department of Innovation and Technology; and
25        (3) the Governor's Office of Management and Budget.
26    (c) The Department of Innovation and Technology, in

 

 

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1conjunction with the Governor's Office of Equity or other
2entity as the Governor may designate, shall assist the Board
3and the Department by identifying and providing advice on
4establishing common technological processes and procedures for
5the Board and the Department to:
6        (1) Catalogue relevant demographic Catalog data and
7    share described resultant metadata.
8        (2) Identify similar fields in data sets datasets.
9        (3) Manage data requests.
10        (4) Share data.
11        (5) Collect data.
12        (6) Improve and clean data.
13        (7) Match data across the Board and Departments.
14        (8) Develop research and analytic agendas.
15        (9) Report on program participation disaggregated by
16    race and ethnicity.
17        (10) Evaluate equitable outcomes for underserved
18    populations in Illinois.
19        (11) Define common roles for data management.
20        (12) Ensure that all major programs can report
21    disaggregated data by race, ethnicity, age, sex,
22    disability status, sexual orientation, and gender
23    identity, and primary or preferred language.
24    The Board and the Department shall use the common
25technological processes and procedures established by the
26Department of Innovation and Technology.

 

 

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1    (d) If the Board or the Department is unable to begin
2reporting the data required by subsection (a) by September 30
3immediately following the effective date of this amendatory
4Act of the 103rd General Assembly July 1, 2022, the Board or
5the Department shall state the reasons for the delay under the
6reporting requirements of subsection (e). If the Board or
7Department is unable to report all data required by subsection
8(a) by the succeeding September 30, the Board or the
9Department shall provide all available data and shall state
10the reasons for the delay in reporting the remaining data. By
11September 30, 2026, the Board or the Department shall file a
12report containing the data required by subsection (a).
13    (e) By no later than March 31, 2022, the Board and the
14Department shall provide a progress report to the General
15Assembly to disclose: (i) the programs and data sets datasets
16that have been cataloged for which race, ethnicity, age, sex,
17disability status, sexual orientation, gender identity, and
18primary or preferred language have been standardized; and (ii)
19to the extent possible, the data sets datasets and programs
20that are outstanding for each agency and the data sets
21datasets that are planned for the upcoming year. On or before
22March 31, 2023, and, again, on or before March 31, 2024 each
23year thereafter, the Board and the Department shall provide an
24updated report to the General Assembly. Beginning in calendar
25year 2025, the Board and the Department shall provide an
26updated progress report to the General Assembly on or before

 

 

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1April 30 of each year.
2    (f) (Blank). By no later than October 31, 2021, the
3Governor's Office shall provide a plan to establish processes
4for input from the Board and the Department into processes
5outlined in subsection (c). The plan shall incorporate ongoing
6efforts at data interoperability within the Department and the
7governance established to support the P-20 Longitudinal
8Education Data System enacted by Public Act 96-107.
9    (g) Nothing in this Section shall be construed to limit
10the rights granted to individuals or data sharing protections
11established under existing State and federal data privacy and
12security laws.
13(Source: P.A. 102-543, eff. 8-20-21; 103-154, eff. 6-30-23;
14103-175, eff. 6-30-23; 103-414, eff. 1-1-24; revised
1512-12-23.)