Illinois General Assembly - Full Text of SB2091
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Full Text of SB2091  102nd General Assembly


Sen. Christopher Belt

Filed: 4/16/2021





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2    AMENDMENT NO. ______. Amend Senate Bill 2091 by replacing
3everything after the enacting clause with the following:
4    "Section 5. The School Code is amended by changing Section
52-3.162 as follows:
6    (105 ILCS 5/2-3.162)
7    Sec. 2-3.162. Student discipline report; school discipline
8improvement plan.
9    (a) On or before October 31, 2015 and on or before October
1031 of each subsequent year, the State Board of Education,
11through the State Superintendent of Education, shall prepare a
12report on student discipline in all school districts in this
13State, including State-authorized charter schools. This report
14shall include data from all public schools within school
15districts, including district-authorized charter schools. This
16report must be posted on the Internet website of the State



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1Board of Education. The report shall include data on the
2issuance of out-of-school suspensions, expulsions, and
3removals to alternative settings in lieu of another
4disciplinary action, disaggregated by race and ethnicity,
5gender, age, grade level, whether a student is an English
6learner, incident type, and discipline duration.
7    (a-5) Beginning with the 2021-2022 school year, the State
8Board of Education must annually collect data on all of the
9data elements pertaining to school discipline, student
10seclusion, and student restraint collected by the U.S.
11Department of Education as part of its Civil Rights Data
12Collection. The school discipline data elements to be
13collected must include, at a minimum, all of the data elements
14pertaining to school discipline collected as part of the
152017-2018 Civil Rights Data Collection, including, but not
16limited to data elements concerning out-of-school suspensions,
17expulsions, transfers to alternative schools, referrals to law
18enforcement, and school-related arrests. The State Board must
19use the most current definitions provided by the U.S.
20Department of Education for these categories of data.
21    (a-10) Beginning with the 2021-2022 school year, the State
22Board of Education must collect data on all disciplinary
23incidents that result in office referrals but do not result in
24out-of-school suspensions, expulsions, disciplinary transfers
25to alternative schools, referrals to law enforcement, or
26school-related arrests.



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1    (a-15) The State Board of Education must collect the data
2described in subsections (a-5) and (a-10) in a manner that
3allows for disaggregation by all of the demographic categories
4used by the Civil Rights Data Collection, by student grade
5level and, with the exception of school-related arrest data,
6by disciplinary offense and discipline duration. The
7categories of disciplinary offense data to be collected must
8include those used within the Civil Rights Data Collection and
9all of the following:
10        (1) Disruption.
11        (2) Disrespect.
12        (3) Insubordination.
13        (4) Defiance of authority.
14        (5) Truancy.
15        (6) Tardiness or class-cutting.
16        (7) Alcohol.
17        (8) Harassment or bullying.
18        (9) Dress code violation.
19        (10) Drugs or controlled substances.
20        (11) Theft.
21        (12) Property damage.
22        (13) Tobacco.
23        (14) Trespassing.
24        (15) Other.
25    The categories of discipline duration data to be collected
26shall be the following:



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1        (A) less than or equal to one day;
2        (B) 2 days;
3        (C) 3 days;
4        (D) 4 days;
5        (E) 5 days;
6        (F) 6 days;
7        (G) 7 days;
8        (H) 8 days;
9        (I) 9 days; or
10        (J) 10 days.
11For durations longer than 10 days, the data must be reported by
12number of semesters.
13    (a-20) The report compiled by the State Board of Education
14under subsection (a) must include all of the categories of
15data referenced in subsections (a-5) and (a-10). The report
16must include the total number of school days and semesters
17missed by students in each school district as a result of
18out-of-school suspensions and expulsions. The State Board must
19also ensure that, for each category of data, the report allows
20for cross-tabulation using the categories of disaggregation
21under subsection (a-15). The State Board must set disclosure
22avoidance standards by rule and must post the report on its
23Internet website.
24    (b) For each school district in this State, the The State
25Board of Education shall annually calculate all of analyze the
26data under subsection (a) of this Section on an annual basis



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1and determine the top 20% of school districts for the
2following metrics:
3        (1) The district's out-of-school suspension rate, as
4    calculated by the U.S. Department of Education as part of
5    the Civil Rights Data Collection. Total number of
6    out-of-school suspensions divided by the total district
7    enrollment by the last school day in September for the
8    year in which the data was collected, multiplied by 100.
9        (2) The district's expulsion rate, as calculated by
10    the U.S. Department of Education as part of the Civil
11    Rights Data Collection. Total number of out-of-school
12    expulsions divided by the total district enrollment by the
13    last school day in September for the year in which the data
14    was collected, multiplied by 100.
15        (3) The district's out-of-school suspension racial
16    disproportionality rates, as calculated by the U.S.
17    Department of Education as part of the Civil Rights Data
18    Collection. Racial disproportionality, defined as the
19    overrepresentation of students of color or white students
20    in comparison to the total number of students of color or
21    white students on October 1st of the school year in which
22    data are collected, with respect to the use of
23    out-of-school suspensions and expulsions, which must be
24    calculated using the same method as the U.S. Department of
25    Education's Office for Civil Rights uses.
26    The analysis must be based on data collected over 3



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1consecutive school years, beginning with the 2014-2015 school
3    The State Board of Education shall annually publish a list
4identifying each school district with an out-of-school
5suspension rate greater than 4.2, an expulsion rate greater
6than 0.05, or an out-of-school suspension racial
7disproportionality rate greater than 1.5, which rates must be
8referred to as the identified metrics. This calculation must
9exclude all school districts for which the relevant number of
10out-of-school suspensions or expulsions was one for 3
11consecutive years in the same category.
12    Beginning with the 2020-2021 school year and for each
13school year thereafter, the State Board of Education must
14identify each district that met at least one of the identified
15metrics during that school year and the 2 preceding school
16years. The State Board must require each of the school
17districts that are identified to submit a school discipline
18improvement plan identifying the strategies the school
19district will implement to reduce the use of the disciplinary
20practices that resulted in it exceeding the identified metrics
21during the 3-year period.
22    Beginning with the 2017-2018 school year, the State Board
23of Education shall require each of the school districts that
24are identified in the top 20% of any of the metrics described
25in this subsection (b) for 3 consecutive years to submit a plan
26identifying the strategies the school district will implement



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1to reduce the use of exclusionary disciplinary practices or
2racial disproportionality or both, if applicable. School
3districts that no longer meet the criteria described in any of
4the metrics described in this subsection (b) for 3 consecutive
5years shall no longer be required to submit a plan.
6    This plan may be combined with any other improvement plans
7required under federal or State law.
8    The calculation of the top 20% of any of the metrics
9described in this subsection (b) shall exclude all school
10districts, State-authorized charter schools, and special
11charter districts that issued fewer than a total of 10
12out-of-school suspensions or expulsions, whichever is
13applicable, during the school year. The calculation of the top
1420% of the metric described in subdivision (3) of this
15subsection (b) shall exclude all school districts with an
16enrollment of fewer than 50 white students or fewer than 50
17students of color.
18    The school discipline improvement plan must be approved at
19a public school board meeting and posted on the school
20district's Internet website. The plan must also be submitted
21to the State Board of Education on or before June 30 of each
22year and posted on the State Board's Internet website. If the
23school district is required to submit a school discipline
24improvement plan for 2 or more consecutive years, its
25successive plans must also include a progress report
26describing the implementation of the previous plan or plans



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1Within one year after being identified, the school district
2shall submit to the State Board of Education and post on the
3district's Internet website a progress report describing the
4implementation of the plan and the results achieved.
5(Source: P.A. 99-30, eff. 7-10-15; 99-78, eff. 7-20-15;
6100-863, eff. 8-14-18.)
7    Section 99. Effective date. This Act takes effect upon
8becoming law.".