SB2968 103RD GENERAL ASSEMBLY

LRB103 38116 SPS 68248 b

103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
SB2968

Introduced 1/31/2024, by Sen. Kimberly A. Lightford

SYNOPSIS AS INTRODUCED:

20 ILCS 65/20-15

Amends the Data Governance and Organization to Support Equity and Racial Justice Act. Provides that, when the State Board of Education and specified Departments report demographic data, they shall use the same classifications as the Governor's Office of Equity, or other classifications as designated by the Governor, to develop a common set of racial and ethnic classifications for use by the Board and Department. Provides that the demographic classifications established shall be reviewed and updated as necessary every 5 years. Provides for exemptions from this reporting requirement. Provides that the Governor's Office of Equity shall establish a project implementation team to oversee the implementation of the Act. Provides that the Governor's Office of Equity or other entity as the Governor may designate shall work in conjunction with the Department of Innovation and Technology to identify and provide advice on common technological processes and procedures. Makes other changes.

A BILL FOR

AN ACT concerning State government.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Data Governance and Organization to Support Equity and Racial Justice Act is amended by changing Section 20-15 as follows:

(20 ILCS 65/20-15)

Sec. 20-15. Data governance and organization to support equity and racial justice.

(a) By September 30 of each year On or before July 1, 2022 and each July 1 thereafter, the Board and the Department shall issue a report, for the prior State fiscal year, that sets out statistical data related to on the racial, ethnic, age, sex, disability status, sexual orientation, gender identity, and primary or preferred language demographics of program participants for each major program administered by the Board or the Department, except as provided in subsection (a-5). Except as provided in subsection (b), when reporting the data required under this Section, the Board or the Department shall use for each program the same racial, and ethnic, age, sex, disability status, sexual orientation, gender identity, and primary or preferred language demographic classifications established by the Governor's Office of Equity, or other classifications as designated by the Governor, to develop a common set or racial and ethnic classifications for use by the Board and Department. classifications for each program, which shall include, but not be limited to, the following:

(1) American Indian and Alaska Native alone.

(2) Asian alone.

(3) Black or African American alone.

(4) Hispanic or Latino of any race.

(5) Native Hawaiian and Other Pacific Islander alone.

(6) White alone.

(7) Middle Eastern or North African.

(8) Some other race alone.

(9) Two or more races.

The demographic classifications established by the Governor's Office of Equity or other classifications as designated by the Governor shall be reviewed and shall be updated, if necessary, every 5 years after the effective date of this amendatory Act of the 103rd General Assembly. The demographic classifications may be reviewed and updated at other times as directed by the Governor. The Board and the Department may further define, by rule, the racial and ethnic classifications, including, if necessary, a classification of "No Race Specified".

(a-5) In relation to major program participants, the Board shall not be required to collect personally identifiable information and report statistical data on the categories of sex, sexual orientation, and gender identity unless required for federal reporting. The Board shall make available reports on its Internet website, posted where other mandated reports are posted, of statistical data on sex, sexual orientation, and gender identity demographics through anonymous surveys or other methods as age and developmentally appropriate.

(b) If a program administered by the Board or the Department is funded in whole or in part by federal funds and is subject to federal reporting requirements that include the collection and public reporting of statistical data on the racial and ethnic, age, sex, disability status, sexual orientation, gender identity, or primary or preferred language demographic classifications, then the program is exempt from the demographic collection requirements demographics of program participants, the Department may maintain the same racial and ethnic classifications used under the federal requirements if such classifications differ from the classifications listed in subsection (a) only for those classifications that are federally reportable.

(b-5) If a program administered by the Board or the Department serves and collects data from individuals younger than 18 years old, the program is exempt from the sexual orientation and gender identity demographic collection requirements described in subsection (a). Nothing in this Section shall prohibit the Board or Department from collecting data on sexual orientation or gender identity of persons younger than 18 years old if the data is collected anonymously, is necessary to make determinations on eligibility for the program, or is required by the program to provide services.

(b-6) If a program administered by the Board or the Department serves and collects data from individuals younger than 18 years old or adults who are receiving services due to having been victims of domestic violence, are receiving services from the Department of Children and Family Services, or are under investigation by the Department of Children and Family Services, the program is exempt from the sexual orientation and gender identity demographic collection requirements described in subsection (a). Nothing in this Section shall prohibit the Board or Department from collecting data on sexual orientation or gender of the persons described in this subsection if the data is collected anonymously, is necessary to make determinations on eligibility for the program, or is required by the program to provide services.

(b-7) The Governor's Office of Equity shall establish a project implementation team to oversee the implementation of this Act consisting of one representative from each of the following:

(1) the Governor's Office;

(2) the Department of Innovation and Technology; and

(3) the Governor's Office of Management and Budget.

(c) The Department of Innovation and Technology, in conjunction with the Governor's Office of Equity or other entity as the Governor may designate, shall assist the Board and the Department by identifying and providing advice on establishing common technological processes and procedures for the Board and the Department to:

(1) Catalogue relevant demographic Catalog data and share described resultant metadata.

(2) Identify similar fields in data sets datasets.

(3) Manage data requests.

(4) Share data.

(5) Collect data.

(6) Improve and clean data.

(7) Match data across the Board and Departments.

(8) Develop research and analytic agendas.

(9) Report on program participation disaggregated by race and ethnicity.

(10) Evaluate equitable outcomes for underserved populations in Illinois.

(11) Define common roles for data management.

(12) Ensure that all major programs can report disaggregated data by race, ethnicity, age, sex, disability status, sexual orientation, and gender identity, and primary or preferred language.

The Board and the Department shall use the common technological processes and procedures established by the Department of Innovation and Technology.

(d) If the Board or the Department is unable to begin reporting the data required by subsection (a) by September 30 immediately following the effective date of this amendatory Act of the 103rd General Assembly July 1, 2022, the Board or the Department shall state the reasons for the delay under the reporting requirements of subsection (e). If the Board or Department is unable to report all data required by subsection (a) by the succeeding September 30, the Board or the Department shall provide all available data and shall state the reasons for the delay in reporting the remaining data. By September 30, 2026, the Board or the Department shall file a report containing the data required by subsection (a).

(e) By no later than March 31, 2022, the Board and the Department shall provide a progress report to the General Assembly to disclose: (i) the programs and data sets datasets that have been cataloged for which race, ethnicity, age, sex, disability status, sexual orientation, gender identity, and primary or preferred language have been standardized; and (ii) to the extent possible, the data sets datasets and programs that are outstanding for each agency and the data sets datasets that are planned for the upcoming year. On or before March 31, 2023, and, again, on or before March 31, 2024 each year thereafter, the Board and the Department shall provide an updated report to the General Assembly. Beginning in calendar year 2025, the Board and the Department shall provide an updated progress report to the General Assembly on or before April 30 of each year.

(f) (Blank). By no later than October 31, 2021, the Governor's Office shall provide a plan to establish processes for input from the Board and the Department into processes outlined in subsection (c). The plan shall incorporate ongoing efforts at data interoperability within the Department and the governance established to support the P-20 Longitudinal Education Data System enacted by Public Act 96-107.

(g) Nothing in this Section shall be construed to limit the rights granted to individuals or data sharing protections established under existing State and federal data privacy and security laws.

(Source: P.A. 102-543, eff. 8-20-21; 103-154, eff. 6-30-23; 103-175, eff. 6-30-23; 103-414, eff. 1-1-24; revised 12-12-23.)