HB4001 102ND GENERAL ASSEMBLY

LRB102 14701 CMG 20054 b

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.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning education.

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

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 and the total number of school days missed by a student due to an out-of-school suspension or expulsion, disaggregated by race and ethnicity, gender, age, individual 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 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, disaggregated by race and ethnicity, gender, age, individual 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.

In compiling the report under this subsection, the State Board of Education must also disaggregate the data by the total number of school days missed by a student as follows: by 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, 11 through 30 days, 31 through 60 days, 61 through 90 days, and 91 through 180 days.

In compiling the report under this subsection, the State Board of Education must also disaggregate the data on suspensions, expulsions, and removals to alternative settings by all of the following incident types:

(1) Disruption, disrespect, or defiance of authority.

(2) Truancy, tardiness, or class-cutting.

(3) Alcohol.

(4) Threats.

(5) Fighting.

(6) Other violent offenses.

(7) Bullying or harassment.

(8) Dress code violation.

(9) Drugs or controlled substances.

(10) Theft.

(11) Property damage.

(12) Tobacco.

(13) Dangerous weapon – firearm.

(14) Dangerous weapon – other.

(15) Trespassing.

(16) Other.

In compiling the report under this subsection, the State Board of Education must also disaggregate the data on the issuance of school-based arrests by the criminal offense for which the student was arrested.

(a-5) In compiling the report under subsection (a), 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. The State Board must also 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 elementary school districts, high school districts, and unit 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.

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.

(c) The State Superintendent of Education shall convene an Equitable and Restorative School Discipline Advisory Council, which shall be staffed by the State Board of Education. Members of the Council shall be selected by the State Superintendent and include, without limitation, representatives of teacher unions and school district management, persons with expertise in restorative, culturally responsive, trauma-informed processes and systems of school discipline, and youth and parent representatives and organizations. The Council shall meet at least quarterly and may also meet at the call of the chairperson of the Council until June 30, 2023. The Council shall advise the State Board of Education on the ongoing implementation of school discipline policies in this State, which may include gathering public feedback, sharing best practices, consulting with the State Board on any proposed rule changes regarding school discipline, and other subjects as determined by the chairperson of the Council.

(Source: P.A. 99-30, eff. 7-10-15; 99-78, eff. 7-20-15; 100-863, eff. 8-14-18.)

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