Illinois General Assembly - Full Text of SB2968
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Full Text of SB2968  103rd General Assembly



SB2968 EngrossedLRB103 38116 SPS 68248 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 October 31 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
13de-identified statistical data related to on the racial,
14ethnic, age, sex, disability status, sexual orientation,
15gender identity, and primary or preferred language
16demographics of program participants for each major program
17administered by the Board or the Department, except as
18provided in subsection (a-5). The Department of Human
19Services, under the direction of the Office of the Governor,
20shall establish, by rule, demographic classifications for each
21reporting category, including race and ethnicity, age, sex,
22disability status, sexual orientation, gender identity, and
23primary or preferred language. Except as provided in



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1subsection (b), when reporting the data required under this
2Section for each program, the Board or the Department shall
3use the classifications established by the Department of Human
5    The Office of the Governor shall review the demographic
6classifications every 5 years after the effective date of this
7amendatory Act of the 103rd General Assembly. If the Office of
8the Governor determines that changes to the classifications
9are necessary, the Department of Human Services shall update
10the classifications, as directed by the Office of the
11Governor. the same racial and ethnic classifications for each
12program, which shall include, but not be limited to, the
14        (1) American Indian and Alaska Native alone.
15        (2) Asian alone.
16        (3) Black or African American alone.
17        (4) Hispanic or Latino of any race.
18        (5) Native Hawaiian and Other Pacific Islander alone.
19        (6) White alone.
20        (7) Middle Eastern or North African.
21        (8) Some other race alone.
22        (9) Two or more races.
23    The Board and the Department may further define, by rule,
24the racial and ethnic classifications, including, if
25necessary, a classification of "No Race Specified".
26    (a-5) In relation to major program participants, the Board



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1shall not be required to collect personally identifiable
2information and report statistical data on the categories of
3sex, sexual orientation, and gender identity unless required
4for federal reporting. The Board shall make available reports
5on its Internet website, posted where other mandated reports
6are posted, of statistical data on sex, sexual orientation,
7and gender identity demographics through anonymous surveys or
8other methods as age and developmentally appropriate.
9    (b) A If a program administered by the Board or the
10Department is exempted from the reporting requirements
11described in subsection (a) if:
12        (1) the program is subject to federal reporting
13    requirements that include the collection and public
14    reporting of statistical data on the demographic
15    categories required by this Act; and
16        (2) the federal reporting requirements use different
17    classifications for the reporting of demographic
18    categories than the classifications established by the
19    Department of Human Services.
20    The program shall report on any demographic categories
21described in subsection (a) that are not included in the
22federal report racial and ethnic demographics of program
23participants, the Department may maintain the same racial and
24ethnic classifications used under the federal requirements if
25such classifications differ from the classifications listed in
26subsection (a).



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1    (b-5) If a program administered by the Board or the
2Department serves and collects data regarding individuals
3younger than 18 years old, the program is exempt from the
4sexual orientation and gender identity demographic collection
5requirements described in subsection (a).
6    (b-7) The Office of the Governor shall establish a project
7implementation team to oversee the implementation of this Act
8consisting of one representative from each of the following:
9        (1) the Office of the Governor;
10        (2) the Department of Innovation and Technology;
11        (3) the Department of Human Services; and
12        (4) the Governor's Office of Management and Budget.
13    (c) The Department of Innovation and Technology, in
14conjunction with the Office of the Governor, shall assist the
15Board and the Department by identifying and providing advice
16on establishing common technological processes and procedures
17for the Board and the Department to:
18        (1) Catalog relevant demographic data and share the
19    resultant metadata.
20        (2) Identify similar fields in data sets datasets.
21        (3) Manage data requests.
22        (4) Share data.
23        (5) Collect data.
24        (6) Improve and clean data.
25        (7) Match data across the Board and Departments.
26        (8) Develop research and analytic agendas.



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1        (9) Report on program participation disaggregated by
2    race and ethnicity.
3        (10) Evaluate equitable outcomes for underserved
4    populations in Illinois.
5        (11) Define common roles for data management.
6        (12) Ensure that all major programs can report
7    disaggregated data by race, ethnicity, age, sex,
8    disability status, sexual orientation, and gender
9    identity, and primary or preferred language.
10    The Board and the Department shall use the common
11technological processes and procedures established by the
12Department of Innovation and Technology.
13    (d) If the Board or the Department is unable to begin
14reporting the collected data as described in required by
15subsection (a) by October 31 immediately following the
16effective date of this amendatory Act of the 103rd General
17Assembly July 1, 2022, the Board or the Department shall state
18the reasons for the delay or inability to collect the
19particular data set for that program under the reporting
20requirements described in subsection (a).
21    (e) By no later than March 31, 2022, the Board and the
22Department shall provide a progress report to the General
23Assembly to disclose: (i) the programs and data sets datasets
24that have been cataloged for which race, ethnicity, age, sex,
25disability status, sexual orientation, gender identity, and
26primary or preferred language have been standardized; and (ii)



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1to the extent possible, the data sets datasets and programs
2that are outstanding for each agency and the data sets
3datasets that are planned for the upcoming year. On or before
4April 30 of March 31, 2023, and each year thereafter, the Board
5and the Department shall provide an updated report to the
6General Assembly.
7    (f) (Blank). By no later than October 31, 2021, the
8Governor's Office shall provide a plan to establish processes
9for input from the Board and the Department into processes
10outlined in subsection (c). The plan shall incorporate ongoing
11efforts at data interoperability within the Department and the
12governance established to support the P-20 Longitudinal
13Education Data System enacted by Public Act 96-107.
14    (g) Nothing in this Section shall be construed to limit
15the rights granted to individuals or data sharing protections
16established under existing State and federal data privacy and
17security laws.
18(Source: P.A. 102-543, eff. 8-20-21; 103-154, eff. 6-30-23;
19103-175, eff. 6-30-23; 103-414, eff. 1-1-24; revised