102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB4001

 

Introduced 3/4/2021, by Rep. Sonya M. Harper

 

SYNOPSIS AS INTRODUCED:
 
105 ILCS 5/2-3.162

    Amends the School Code. With regard to the student discipline report, provides that the report must include data on the total number of school days missed by a student due to an out-of-school suspension or expulsion and data on the number of arrests made by law enforcement officers of students on school grounds, in school vehicles, at school activities or school-sanctioned events, or as a result of referrals by school officials. Provides that the report must be disaggregated by whether a student qualifies for services under the federal Individuals with Disabilities Education Act, the total number of school days missed by the student, and the incident type that caused the suspension, expulsion, or removal to an alternative setting. Provides that, in compiling the report, the State Board of Education must use the same disclosure avoidance standards used by the United States Department of Education in its public reporting of data submitted by each school district as part of the Civil Rights Data Collection and must also ensure that cross-tabulation by the various categories of disaggregation is possible. Requires the State Superintendent of Education to convene an Equitable and Restorative School Discipline Advisory Council to advise the State Board of Education on the ongoing implementation of school discipline policies in this State. Makes other changes. Effective immediately.


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

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1    AN ACT concerning education.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
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
17Board of Education. The report shall include data on the
18issuance of out-of-school suspensions, expulsions, and
19removals to alternative settings in lieu of another
20disciplinary action and the total number of school days missed
21by a student due to an out-of-school suspension or expulsion,
22disaggregated by race and ethnicity, gender, age, individual
23grade level, whether a student is an English learner, whether

 

 

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1a student qualifies for services under the federal Individuals
2with Disabilities Education Act, incident type, and discipline
3duration. The report shall also include data on the number of
4arrests made by law enforcement officers of students on school
5grounds, in school vehicles, at school activities or
6school-sanctioned events, or as a result of referrals by
7school officials, disaggregated by race and ethnicity, gender,
8age, individual grade level, whether a student is an English
9learner, whether a student qualifies for services under the
10federal Individuals with Disabilities Education Act, the
11offense for which the student was arrested, and the final
12disposition of the arrest.
13    In compiling the report under this subsection, the State
14Board of Education must also disaggregate the data by the
15total number of school days missed by a student as follows: by
16less than or equal to one day, 2 days, 3 days, 4 days, 5 days,
176 days, 7 days, 8 days, 9 days, 10 days, 11 through 30 days, 31
18through 60 days, 61 through 90 days, and 91 through 180 days.
19    In compiling the report under this subsection, the State
20Board of Education must also disaggregate the data on
21suspensions, expulsions, and removals to alternative settings
22by all of the following incident types:
23        (1) Disruption, disrespect, or defiance of authority.
24        (2) Truancy, tardiness, or class-cutting.
25        (3) Alcohol.
26        (4) Threats.

 

 

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1        (5) Fighting.
2        (6) Other violent offenses.
3        (7) Bullying or harassment.
4        (8) Dress code violation.
5        (9) Drugs or controlled substances.
6        (10) Theft.
7        (11) Property damage.
8        (12) Tobacco.
9        (13) Dangerous weapon – firearm.
10        (14) Dangerous weapon – other.
11        (15) Trespassing.
12        (16) Other.
13    In compiling the report under this subsection, the State
14Board of Education must also disaggregate the data on the
15issuance of school-based arrests by the criminal offense for
16which the student was arrested.
17    (a-5) In compiling the report under subsection (a), the
18State Board of Education must use the same disclosure
19avoidance standards used by the United States Department of
20Education in its public reporting of data submitted by each
21school district as part of the Civil Rights Data Collection.
22The State Board must also ensure that cross-tabulation by the
23various categories of disaggregation is possible.
24    (b) The State Board of Education shall analyze the data
25under subsection (a) of this Section on an annual basis and
26determine the top 20% of elementary school districts, high

 

 

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1school districts, and unit school districts for the following
2metrics:
3        (1) Total number of out-of-school suspensions divided
4    by the total district enrollment by the last school day in
5    September for the year in which the data was collected,
6    multiplied by 100.
7        (2) Total number of out-of-school expulsions divided
8    by the total district enrollment by the last school day in
9    September for the year in which the data was collected,
10    multiplied by 100.
11        (2.5) Total number of school-based arrests divided by
12    the total district enrollment by the last school day in
13    September for the year in which the data was collected,
14    multiplied by 100.
15        (3) Racial disproportionality, defined as the
16    overrepresentation of students of color or white students
17    in comparison to the total number of students of color or
18    white students on October 1st of the school year in which
19    data are collected, with respect to the use of
20    out-of-school suspensions and expulsions, which must be
21    calculated using the same method as the U.S. Department of
22    Education's Office for Civil Rights uses.
23    The analysis must be based on data collected over 3
24consecutive school years, beginning with the 2014-2015 school
25year.
26    Beginning with the 2017-2018 school year, the State Board

 

 

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1of Education shall require each of the school districts that
2are identified in the top 20% of any of the metrics described
3in this subsection (b) for 3 consecutive years to submit a plan
4identifying the strategies the school district will implement
5to reduce the use of exclusionary disciplinary practices,
6school-based arrests, or racial disproportionality or both, if
7applicable. School districts that no longer meet the criteria
8described in any of the metrics described in this subsection
9(b) for 3 consecutive years shall no longer be required to
10submit a plan.
11    This plan may be combined with any other improvement plans
12required under federal or State law.
13    The calculation of the top 20% of any of the metrics
14described in this subsection (b) shall exclude all school
15districts, State-authorized charter schools, and special
16charter districts that issued fewer than a total of 10
17out-of-school suspensions or expulsions or school-based
18arrests, whichever is applicable, during the school year. The
19calculation of the top 20% of the metric described in
20subdivision (3) of this subsection (b) shall exclude all
21school districts with an enrollment of fewer than 50 white
22students or fewer than 50 students of color.
23    The plan must be approved at a public school board meeting
24and posted on the school district's Internet website. Within
25one year after being identified, the school district shall
26submit to the State Board of Education and post on the

 

 

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1district's Internet website a progress report describing the
2implementation of the plan and the results achieved.
3    (c) The State Superintendent of Education shall convene an
4Equitable and Restorative School Discipline Advisory Council,
5which shall be staffed by the State Board of Education.
6Members of the Council shall be selected by the State
7Superintendent and include, without limitation,
8representatives of teacher unions and school district
9management, persons with expertise in restorative, culturally
10responsive, trauma-informed processes and systems of school
11discipline, and youth and parent representatives and
12organizations. The Council shall meet at least quarterly and
13may also meet at the call of the chairperson of the Council
14until June 30, 2023. The Council shall advise the State Board
15of Education on the ongoing implementation of school
16discipline policies in this State, which may include gathering
17public feedback, sharing best practices, consulting with the
18State Board on any proposed rule changes regarding school
19discipline, and other subjects as determined by the
20chairperson of the Council.
21(Source: P.A. 99-30, eff. 7-10-15; 99-78, eff. 7-20-15;
22100-863, eff. 8-14-18.)
 
23    Section 99. Effective date. This Act takes effect upon
24becoming law.