SB2352sam001 100TH GENERAL ASSEMBLY

Sen. Kimberly A. Lightford

Filed: 4/13/2018

10000SB2352sam001 LRB100 17885 AXK 38363 a

AMENDMENT TO SENATE BILL 2352

AMENDMENT NO. ______. Amend Senate Bill 2352 by replacing everything after the enacting clause with the following:

"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, whether a student qualifies for services under the federal Individuals with Disabilities Education Act, incident type, and discipline duration. The report shall also include data on the number of law enforcement officers assigned to schools within each district and the number of arrests made by law enforcement officers of students on school grounds, in school vehicles, at school activities or school-sponsored events, or as a result of referrals by school officials, disaggregated by race and ethnicity, gender, age, grade level, whether a student is an English learner, whether a student qualifies for services under the federal Individuals with Disabilities Education Act, the offense for which the student was arrested, and the final disposition of the arrest.

(a-5) In compiling the report under subsection (a) of this Section, the State Board of Education shall use the same disclosure avoidance standards used by the U.S. Department of Education in its public reporting of the data submitted by each school district as part of the Civil Rights Data Collection. The State Board of Education shall disaggregate the data by each individual grade level and shall disaggregate the data by duration of less than or equal to one day, 2 days, 3 days, 4 days, 5 days, 6 days, 7 days, 8 days, 9 days, 10 days, and greater than 10 days. The State Board of Education shall also disaggregate the data, at a minimum, by the following incident types: (i) disruption, disrespect, or defiance of authority, (ii) truancy, tardiness, cutting of class, alcohol, threat, fighting, or other violent offense, and (iii) bullying or harassment, dress code, drug or controlled substance, theft, property damage, tobacco, dangerous weapon, trespassing, or any other similar incident. The State Board of Education shall ensure that cross-tabulation by the various categories of disaggregation is possible.

(b) The State Board of Education shall 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) 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) 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.

(2.5) Total number of school-based arrests 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) 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 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 school-based arrests, 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, or school-based arrests, 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 plan must be approved at a public school board meeting and posted on the school district's Internet website. 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.

(Source: P.A. 98-1102, eff. 8-26-14; 99-30, eff. 7-10-15; 99-78, eff. 7-20-15; revised 9-25-17.)

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