Full Text of HB4208 100th General Assembly
HB4208eng 100TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning education.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The School Code is amended by changing Section | 5 | | 2-3.162 and by adding Section 2-3.173 as follows: | 6 | | (105 ILCS 5/2-3.162) | 7 | | Sec. 2-3.162. Student discipline report; school discipline | 8 | | improvement plan. | 9 | | (a) On or before October 31, 2015 and on or before October | 10 | | 31 of each subsequent year, the State Board of Education, | 11 | | through the State Superintendent of Education, shall prepare a | 12 | | report on student discipline in all school districts in this | 13 | | State, including State-authorized charter schools. This report | 14 | | shall include data from all public schools within school | 15 | | districts, including district-authorized charter schools. This | 16 | | report must be posted on the Internet website of the State | 17 | | Board of Education. The report shall include data on the | 18 | | issuance of out-of-school suspensions, expulsions, and | 19 | | removals to alternative settings in lieu of another | 20 | | disciplinary action, disaggregated by race and ethnicity, | 21 | | gender, age, grade level, whether a student is an English | 22 | | learner, incident type, and discipline duration. | 23 | | (b) The State Board of Education shall analyze the data |
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| 1 | | under subsection (a) of this Section on an annual basis and | 2 | | determine the top 20% of school districts qualifying under any | 3 | | of for the following metrics: | 4 | | (1) Total number of out-of-school suspensions divided | 5 | | by the total district enrollment by the last school day in | 6 | | September for the year in which the data was collected, | 7 | | multiplied by 100. | 8 | | (2) Total number of out-of-school expulsions divided | 9 | | by the total district enrollment by the last school day in | 10 | | September for the year in which the data was collected, | 11 | | multiplied by 100. | 12 | | (3) Racial disproportionality, defined as the | 13 | | overrepresentation of students of color or white students | 14 | | in comparison to the total number of students of color or | 15 | | white students on October 1st of the school year in which | 16 | | data are collected, with respect to the use of | 17 | | out-of-school suspensions and expulsions, which must be | 18 | | calculated using the same method as the U.S. Department of | 19 | | Education's Office for Civil Rights uses. | 20 | | The analysis must be based on data collected over 3 | 21 | | consecutive school years, beginning with the 2014-2015 school | 22 | | year. | 23 | | (c) On or before October 31, 2018 and on or before October | 24 | | 31 of each subsequent year, the State Board of Education shall | 25 | | notify each school district Beginning with the 2017-2018 school | 26 | | year, the State Board of Education shall require each of the |
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| 1 | | school districts that are identified in the top 20% of any of | 2 | | the metrics described in this subsection (b) of this Section | 3 | | for 3 consecutive school years that the school district must | 4 | | submit a plan in conformance with subsection (d) of this | 5 | | Section. | 6 | | (d) School districts identified in the top 20% of any of | 7 | | the metrics described in subsection (b) of this Section for 3 | 8 | | consecutive school years must, in a manner prescribed by the | 9 | | State Board of Education, submit a plan to the State Board of | 10 | | Education that identifies to submit a plan identifying the | 11 | | strategies the school district will implement to reduce the use | 12 | | of exclusionary disciplinary practices or racial | 13 | | disproportionality or both, if applicable. School districts | 14 | | that no longer meet the criteria described in any of the | 15 | | metrics described in this subsection (b) for 3 consecutive | 16 | | years shall no longer be required to submit a plan. | 17 | | This plan may be combined with any other improvement plans | 18 | | required under federal or State law. | 19 | | The plan must be approved at a public school board meeting | 20 | | no later than 90 days after notification from the State Board | 21 | | of Education pursuant to subsection (c) of this Section and | 22 | | must be posted on the school district's Internet website. | 23 | | Within one calendar year after the school board's approval of | 24 | | the plan, the school district shall submit to the State Board | 25 | | of Education, in a manner prescribed by the State Board of | 26 | | Education, and post on the district's Internet website a |
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| 1 | | progress report describing the implementation of the plan and | 2 | | the results achieved. Additional annual progress reports shall | 3 | | be required until a school district no longer meets the | 4 | | criteria in any of the metrics described in subsection (b) of | 5 | | this Section for 3 consecutive school years. | 6 | | (e) The calculation of the top 20% of any of the metrics | 7 | | described in this subsection (b) of this Section shall exclude | 8 | | all school districts, State-authorized charter schools, and | 9 | | special charter districts that issued fewer than a total of 10 | 10 | | out-of-school suspensions or expulsions, whichever is | 11 | | applicable, during the school year. The calculation of the top | 12 | | 20% of the metric described in subdivision (3) of this | 13 | | subsection (b) of this Section shall exclude all school | 14 | | districts with an enrollment of fewer than 50 white students or | 15 | | fewer than 50 students of color. | 16 | | The plan must be approved at a public school board meeting | 17 | | and posted on the school district's Internet website. Within | 18 | | one year after being identified, the school district shall | 19 | | submit to the State Board of Education and post on the | 20 | | district's Internet website a progress report describing the | 21 | | implementation of the plan and the results achieved.
| 22 | | (Source: P.A. 98-1102, eff. 8-26-14; 99-30, eff. 7-10-15; | 23 | | 99-78, eff. 7-20-15; revised 9-25-17.) | 24 | | (105 ILCS 5/2-3.173 new) | 25 | | Sec. 2-3.173. Safe Schools and Healthy Learning |
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| 1 | | Environments Program. | 2 | | (a) The General Assembly recognizes that (i) many K-12 | 3 | | students around the State are arrested in school and sent into | 4 | | the justice system, often for minor offenses that do not pose a | 5 | | serious threat to school safety; (ii) some schools across the | 6 | | State have become overly reliant on law enforcement personnel | 7 | | to handle routine school disciplinary matters; (iii) many | 8 | | student behaviors that result in arrest in some schools are | 9 | | addressed without involving the justice system in others; (iv) | 10 | | the overcriminalization of K-12 students has had significant | 11 | | negative consequences for students, families, and entire | 12 | | communities; (v) these dynamics, known as the | 13 | | "school-to-prison pipeline", have disproportionately affected | 14 | | students of color; (vi) these practices impose substantial | 15 | | economic costs on both localities and the State overall; and | 16 | | (vii) eliminating unnecessary school-based arrests and law | 17 | | enforcement presence in school while promoting the use of | 18 | | developmentally appropriate alternatives will protect school | 19 | | safety, improve school climate, raise academic achievement, | 20 | | and save taxpayer dollars. | 21 | | (b) The State Board of Education, subject to appropriation, | 22 | | is authorized to award competitive grants on an annual basis | 23 | | under a Safe Schools and Healthy Learning Environments Program. | 24 | | The goal of this grant program is to promote school safety and | 25 | | healthy learning environments by reducing the reliance on law | 26 | | enforcement to address school disciplinary matters and |
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| 1 | | implement alternative strategies that will better address the | 2 | | full range of students' intellectual, social, emotional, | 3 | | physical, psychological, and moral developmental needs. To | 4 | | receive a grant under this program, school districts must | 5 | | develop plans for implementing evidence-based and promising | 6 | | practices that are aligned with this goal, including, but not | 7 | | limited to, hiring restorative justice practitioners, school | 8 | | psychologists, social workers, and other mental and behavioral | 9 | | health specialists, providing drug and alcohol treatment | 10 | | services and wraparound services for youth, training for school | 11 | | staff on alternatives to law enforcement involvement for | 12 | | school-based offenses that include restorative justice | 13 | | approaches, conflict resolution techniques, and expanded use | 14 | | of school support personnel and community-based services, | 15 | | trauma-informed approaches to meeting students' developmental | 16 | | needs, and addressing the effects of toxic stress. For purposes | 17 | | of this subsection (b), "promising practices" means practices | 18 | | that present, based on preliminary information, potential for | 19 | | becoming evidence-based practices. | 20 | | Grant funds shall not be used to increase the use of | 21 | | school-based law enforcement or security personnel. Nothing in | 22 | | this Section shall prohibit school districts from involving law | 23 | | enforcement personnel when necessary and allowed by law. | 24 | | (c) The State Board of Education, subject to appropriation | 25 | | of the grant program, shall annually disseminate a request for | 26 | | applications to this program and funds shall be distributed |
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| 1 | | annually. The criteria to be considered by the State Board of | 2 | | Education in awarding the funds shall be (i) the arrest rates | 3 | | in the target schools over the preceding 3 years, which shall | 4 | | be calculated as the number of arrests divided by the number of | 5 | | students; (ii) the ratio of school-based law enforcement | 6 | | personnel to students in the target schools over the preceding | 7 | | 3 years; and (iii) the degree to which the proposal articulates | 8 | | a strong, comprehensive approach for eliminating unnecessary | 9 | | school-based arrests and the over-reliance on law enforcement | 10 | | to address school disciplinary matters while building safer and | 11 | | healthier learning environments. | 12 | | For criterion (i), applicant school districts shall be | 13 | | ranked from highest arrest rates to lowest, with higher arrest | 14 | | rates receiving priority. For criterion (ii), applicant school | 15 | | districts shall be ranked from the highest ratio of | 16 | | school-based law enforcement to students to the lowest ratio, | 17 | | with the higher ratios receiving priority. For criterion (iii), | 18 | | applicant school districts shall be ranked on the basis of the | 19 | | strength of their overall strategy, with all school districts | 20 | | that fail to articulate a sound approach being excluded from | 21 | | consideration. The State Board of Education shall determine a | 22 | | scoring system for each criterion based on the relative ranking | 23 | | of the applicant school districts. Applicant school districts' | 24 | | overall cumulative scores shall be based on the following | 25 | | weights: criterion (i): 40%; criterion (ii): 20%; and criterion | 26 | | (iii): 40%. If the appropriated funds are insufficient to |
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| 1 | | provide funds to all selected grantees, the State Board of | 2 | | Education shall have discretion to choose the number of school | 3 | | districts that will receive funds as well as the amount of | 4 | | their grant awards, with the highest-scoring school districts | 5 | | receiving priority. If the appropriated funds exceed what is | 6 | | required to provide funding to all qualified applicants, the | 7 | | surplus shall be rolled over to be used for grants the | 8 | | following year. | 9 | | (d) The State Board of Education, subject to appropriation | 10 | | to the grant program, shall produce an
annual report on the | 11 | | results of the Safe Schools and Healthy Learning Environments | 12 | | Program in
cooperation with the school districts participating | 13 | | in the program. The report shall include both
quantitative and | 14 | | qualitative information on the progress being made in reducing | 15 | | unnecessary
school-based arrests and the over-reliance on law | 16 | | enforcement to address school
disciplinary matters, and the | 17 | | effects of the program on school safety and school climate. The | 18 | | report
shall include the number of school-based arrests made | 19 | | within participating schools during the 3
school years prior to | 20 | | the grant compared to the number of school-based arrests made | 21 | | during the school
year the grant was awarded. This report shall | 22 | | be posted on the State Board of Education's website by
October | 23 | | 31 of each year, beginning in 2019. | 24 | | (e) The State Board of Education may adopt rules necessary | 25 | | for the implementation of this program.
| 26 | | Section 99. Effective date. This Act takes effect July 1, |
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| 1 | | 2018. |
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