SB2091 102ND GENERAL ASSEMBLY

LRB102 16366 CMG 21753 b

102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
SB2091

Introduced 2/26/2021, by Sen. Christopher Belt

SYNOPSIS AS INTRODUCED:

105 ILCS 5/2-3.162

Amends the School Code. With regard to the State Board of Education's student discipline report, provides that, beginning with the 2021-2022 school year, the State Board must annually collect data on all of the data elements pertaining to school discipline, student seclusion, and student restraint collected by the U.S. Department of Education as part of its Civil Rights Data Collection. Provides that, beginning with the 2021-2022 school year, the State Board must collect data on all disciplinary incidents that result in office referrals but do not result in out-of-school suspensions, expulsions, disciplinary transfers to alternative schools, referrals to law enforcement, or school-based arrests. Sets forth the categories of data that must be collected by the State Board and included in the school discipline report. Sets forth provisions regarding a school discipline improvement plan. Requires the State Superintendent of Education to convene an Equitable and Restorative School Discipline Advisory Council to advise the State Board on the ongoing implementation of school discipline policies in this State. Makes other changes. Effective immediately.

FISCAL NOTE ACT MAY APPLY

STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT

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 changing Section 2-3.162 as follows:

(105 ILCS 5/2-3.162)

Sec. 2-3.162. Student discipline report; school discipline improvement plan.

(a) On or before October 31, 2015 and on or before October 31 of each subsequent year, the State Board of Education, through the State Superintendent of Education, shall prepare a report on student discipline in all school districts in this State, including State-authorized charter schools. This report shall include data from all public schools within school districts, including district-authorized charter schools. This report must be posted on the Internet website of the State Board of Education. The report shall include data on the issuance of out-of-school suspensions, expulsions, and removals to alternative settings in lieu of another disciplinary action, disaggregated by race and ethnicity, gender, age, grade level, whether a student is an English learner, incident type, and discipline duration.

(a-5) Beginning with the 2021-2022 school year, the State Board of Education must annually collect data on all of the data elements pertaining to school discipline, student seclusion, and student restraint collected by the U.S. Department of Education as part of its Civil Rights Data Collection. The school discipline data elements to be collected must include, at a minimum, all of the data elements pertaining to school discipline collected as part of the 2017-2018 Civil Rights Data Collection, including, but not limited to data elements concerning out-of-school suspensions, expulsions, transfers to alternative schools, referrals to law enforcement, and school-based arrests. The State Board must use the most current definitions provided by the U.S. Department of Education for these categories of data.

(a-10) Beginning with the 2021-2022 school year, the State Board of Education must collect data on all disciplinary incidents that result in office referrals but do not result in out-of-school suspensions, expulsions, disciplinary transfers to alternative schools, referrals to law enforcement, or school-based arrests.

(a-15) The State Board of Education must collect the data described in subsections (a-5) and (a-10) in a manner that allows for disaggregation by all of the demographic categories used by the Civil Rights Data Collection, by student grade level and, with the exception of school-based arrest data, by disciplinary offense and discipline duration. The categories of disciplinary offense data to be collected must include those used within the Civil Rights Data Collection and all of the following:

(1) Disruption.

(2) Disrespect.

(3) Insubordination.

(4) Defiance of authority.

(5) Truancy.

(6) Tardiness or class-cutting.

(7) Alcohol.

(8) Harassment or bullying.

(9) Dress code violation.

(10) Drugs or controlled substances.

(11) Theft.

(12) Property damage.

(13) Tobacco.

(14) Trespassing.

(15) Other.

The categories of discipline duration data to be collected shall be the following:

(A) less than or equal to one day;

(B) 2 days;

(C) 3 days;

(D) 4 days;

(E) 5 days;

(F) 6 days;

(G) 7 days;

(H) 8 days;

(I) 9 days; or

(J) 10 days. For durations longer than 10 days, the data must be reported by number of semesters.

(a-20) The report compiled by the State Board of Education under subsection (a) must include all of the categories of data referenced in subsections (a-5) and (a-10). The report must include the total number of school days and semesters missed by students in each school district as a result of out-of-school suspensions and expulsions. The State Board must also ensure that, for each category of data, the report allows for cross-tabulation using the categories of disaggregation under subsection (a-15). The State Board must set disclosure avoidance standards by rule and must post the report on its Internet website.

(b) For each school district in this State, the The State Board of Education shall annually calculate all of analyze the data under subsection (a) of this Section on an annual basis and determine the top 20% of school districts for the following metrics:

(1) The district's out-of-school suspension rate, as calculated by the U.S. Department of Education as part of the Civil Rights Data Collection. Total number of out-of-school suspensions divided by the total district enrollment by the last school day in September for the year in which the data was collected, multiplied by 100.

(2) The district's expulsion rate, as calculated by the U.S. Department of Education as part of the Civil Rights Data Collection. Total number of out-of-school expulsions divided by the total district enrollment by the last school day in September for the year in which the data was collected, multiplied by 100.

(3) The district's out-of-school suspension racial disproportionality rates, as calculated by the U.S. Department of Education as part of the Civil Rights Data Collection. Racial disproportionality, defined as the overrepresentation of students of color or white students in comparison to the total number of students of color or white students on October 1st of the school year in which data are collected, with respect to the use of out-of-school suspensions and expulsions, which must be calculated using the same method as the U.S. Department of Education's Office for Civil Rights uses.

The analysis must be based on data collected over 3 consecutive school years, beginning with the 2014-2015 school year.

The State Board of Education shall annually publish a list identifying each school district with an out-of-school suspension rate greater than 4.2, an expulsion rate greater than 0.05, or an out-of-school suspension racial disproportionality rate greater than 1.5, which rates must be referred to as the identified metrics. This calculation must exclude all school districts for which the relevant number of out-of-school suspensions or expulsions was one for 3 consecutive years in the same category.

Beginning with the 2020-2021 school year and for each school year thereafter, the State Board of Education must identify each district that met at least one of the identified metrics during that school year and the 2 preceding school years. The State Board must require each of the school districts that are identified to submit a school discipline improvement plan identifying the strategies the school district will implement to reduce the use of the disciplinary practices that resulted in it exceeding the identified metrics during the 3-year period.

Beginning with the 2017-2018 school year, the State Board of Education shall require each of the school districts that are identified in the top 20% of any of the metrics described in this subsection (b) for 3 consecutive years to submit a plan identifying the strategies the school district will implement to reduce the use of exclusionary disciplinary practices or racial disproportionality or both, if applicable. School districts that no longer meet the criteria described in any of the metrics described in this subsection (b) for 3 consecutive years shall no longer be required to submit a plan.

This plan may be combined with any other improvement plans required under federal or State law.

The calculation of the top 20% of any of the metrics described in this subsection (b) shall exclude all school districts, State-authorized charter schools, and special charter districts that issued fewer than a total of 10 out-of-school suspensions or expulsions, whichever is applicable, during the school year. The calculation of the top 20% of the metric described in subdivision (3) of this subsection (b) shall exclude all school districts with an enrollment of fewer than 50 white students or fewer than 50 students of color.

The school discipline improvement plan must be approved at a public school board meeting and posted on the school district's Internet website. The plan must also be submitted to the State Board of Education on or before June 30 of each year and posted on the State Board's Internet website. If the school district is required to submit a school discipline improvement plan for 2 or more consecutive years, its successive plans must also include a progress report describing the implementation of the previous plan or plans and the results achieved. Within one year after being identified, the school district shall submit to the State Board of Education and post on the district's Internet website a progress report describing the implementation of the plan and the results achieved.

(c) The State Superintendent of Education shall convene an Equitable and Restorative School Discipline Advisory Council, which shall be staffed by the State Board of Education. Members of the Council shall be selected by the State Superintendent and shall include, without limitation, representatives of teacher unions and school district management, persons with expertise in restorative, culturally responsive, and trauma-informed processes and systems of school discipline, and youth and parent representatives and organizations. The Council shall meet at least quarterly and may also meet at the call of the chairperson of the Council, following the effective date of this amendatory Act of the 102 General Assembly. The Council shall advise the State Board on the ongoing implementation of school discipline policies in this State, which may include gathering public feedback, sharing best practices, consulting with the State Board on any proposed rule changes regarding school discipline, and other subjects as determined by the chairperson of the Council.

(Source: P.A. 99-30, eff. 7-10-15; 99-78, eff. 7-20-15; 100-863, eff. 8-14-18.)

Section 99. Effective date. This Act takes effect upon becoming law.