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

SB2091 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
SB2091

 

Introduced 2/26/2021, by Sen. Christopher Belt

 

SYNOPSIS AS INTRODUCED:
 
105 ILCS 5/2-3.162

    Amends the School Code. With regard to the State Board of Education's student discipline report, provides that, beginning with the 2021-2022 school year, the State Board must annually collect data on all of the data elements pertaining to school discipline, student seclusion, and student restraint collected by the U.S. Department of Education as part of its Civil Rights Data Collection. Provides that, beginning with the 2021-2022 school year, the State Board must collect data on all disciplinary incidents that result in office referrals but do not result in out-of-school suspensions, expulsions, disciplinary transfers to alternative schools, referrals to law enforcement, or school-based arrests. Sets forth the categories of data that must be collected by the State Board and included in the school discipline report. Sets forth provisions regarding a school discipline improvement plan. Requires the State Superintendent of Education to convene an Equitable and Restorative School Discipline Advisory Council to advise the State Board 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
STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT

 

 

A BILL FOR

 

SB2091LRB102 16366 CMG 21753 b

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, disaggregated by race and ethnicity,
21gender, age, grade level, whether a student is an English
22learner, incident type, and discipline duration.
23    (a-5) Beginning with the 2021-2022 school year, the State

 

 

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1Board of Education must annually collect data on all of the
2data elements pertaining to school discipline, student
3seclusion, and student restraint collected by the U.S.
4Department of Education as part of its Civil Rights Data
5Collection. The school discipline data elements to be
6collected must include, at a minimum, all of the data elements
7pertaining to school discipline collected as part of the
82017-2018 Civil Rights Data Collection, including, but not
9limited to data elements concerning out-of-school suspensions,
10expulsions, transfers to alternative schools, referrals to law
11enforcement, and school-based arrests. The State Board must
12use the most current definitions provided by the U.S.
13Department of Education for these categories of data.
14    (a-10) Beginning with the 2021-2022 school year, the State
15Board of Education must collect data on all disciplinary
16incidents that result in office referrals but do not result in
17out-of-school suspensions, expulsions, disciplinary transfers
18to alternative schools, referrals to law enforcement, or
19school-based arrests.
20    (a-15) The State Board of Education must collect the data
21described in subsections (a-5) and (a-10) in a manner that
22allows for disaggregation by all of the demographic categories
23used by the Civil Rights Data Collection, by student grade
24level and, with the exception of school-based arrest data, by
25disciplinary offense and discipline duration. The categories
26of disciplinary offense data to be collected must include

 

 

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1those used within the Civil Rights Data Collection and all of
2the following:
3        (1) Disruption.
4        (2) Disrespect.
5        (3) Insubordination.
6        (4) Defiance of authority.
7        (5) Truancy.
8        (6) Tardiness or class-cutting.
9        (7) Alcohol.
10        (8) Harassment or bullying.
11        (9) Dress code violation.
12        (10) Drugs or controlled substances.
13        (11) Theft.
14        (12) Property damage.
15        (13) Tobacco.
16        (14) Trespassing.
17        (15) Other.
18    The categories of discipline duration data to be collected
19shall be the following:
20        (A) less than or equal to one day;
21        (B) 2 days;
22        (C) 3 days;
23        (D) 4 days;
24        (E) 5 days;
25        (F) 6 days;
26        (G) 7 days;

 

 

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1        (H) 8 days;
2        (I) 9 days; or
3        (J) 10 days.
4For durations longer than 10 days, the data must be reported by
5number of semesters.
6    (a-20) The report compiled by the State Board of Education
7under subsection (a) must include all of the categories of
8data referenced in subsections (a-5) and (a-10). The report
9must include the total number of school days and semesters
10missed by students in each school district as a result of
11out-of-school suspensions and expulsions. The State Board must
12also ensure that, for each category of data, the report allows
13for cross-tabulation using the categories of disaggregation
14under subsection (a-15). The State Board must set disclosure
15avoidance standards by rule and must post the report on its
16Internet website.
17    (b) For each school district in this State, the The State
18Board of Education shall annually calculate all of analyze the
19data under subsection (a) of this Section on an annual basis
20and determine the top 20% of school districts for the
21following metrics:
22        (1) The district's out-of-school suspension rate, as
23    calculated by the U.S. Department of Education as part of
24    the Civil Rights Data Collection. Total number of
25    out-of-school suspensions divided by the total district
26    enrollment by the last school day in September for the

 

 

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1    year in which the data was collected, multiplied by 100.
2        (2) The district's expulsion rate, as calculated by
3    the U.S. Department of Education as part of the Civil
4    Rights Data Collection. Total number of out-of-school
5    expulsions divided by the total district enrollment by the
6    last school day in September for the year in which the data
7    was collected, multiplied by 100.
8        (3) The district's out-of-school suspension racial
9    disproportionality rates, as calculated by the U.S.
10    Department of Education as part of the Civil Rights Data
11    Collection. Racial disproportionality, defined as the
12    overrepresentation of students of color or white students
13    in comparison to the total number of students of color or
14    white students on October 1st of the school year in which
15    data are collected, with respect to the use of
16    out-of-school suspensions and expulsions, which must be
17    calculated using the same method as the U.S. Department of
18    Education's Office for Civil Rights uses.
19    The analysis must be based on data collected over 3
20consecutive school years, beginning with the 2014-2015 school
21year.
22    The State Board of Education shall annually publish a list
23identifying each school district with an out-of-school
24suspension rate greater than 4.2, an expulsion rate greater
25than 0.05, or an out-of-school suspension racial
26disproportionality rate greater than 1.5, which rates must be

 

 

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1referred to as the identified metrics. This calculation must
2exclude all school districts for which the relevant number of
3out-of-school suspensions or expulsions was one for 3
4consecutive years in the same category.
5    Beginning with the 2020-2021 school year and for each
6school year thereafter, the State Board of Education must
7identify each district that met at least one of the identified
8metrics during that school year and the 2 preceding school
9years. The State Board must require each of the school
10districts that are identified to submit a school discipline
11improvement plan identifying the strategies the school
12district will implement to reduce the use of the disciplinary
13practices that resulted in it exceeding the identified metrics
14during the 3-year period.
15    Beginning with the 2017-2018 school year, the State Board
16of Education shall require each of the school districts that
17are identified in the top 20% of any of the metrics described
18in this subsection (b) for 3 consecutive years to submit a plan
19identifying the strategies the school district will implement
20to reduce the use of exclusionary disciplinary practices or
21racial disproportionality or both, if applicable. School
22districts that no longer meet the criteria described in any of
23the metrics described in this subsection (b) for 3 consecutive
24years shall no longer be required to submit a plan.
25    This plan may be combined with any other improvement plans
26required under federal or State law.

 

 

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1    The calculation of the top 20% of any of the metrics
2described in this subsection (b) shall exclude all school
3districts, State-authorized charter schools, and special
4charter districts that issued fewer than a total of 10
5out-of-school suspensions or expulsions, whichever is
6applicable, during the school year. The calculation of the top
720% of the metric described in subdivision (3) of this
8subsection (b) shall exclude all school districts with an
9enrollment of fewer than 50 white students or fewer than 50
10students of color.
11    The school discipline improvement plan must be approved at
12a public school board meeting and posted on the school
13district's Internet website. The plan must also be submitted
14to the State Board of Education on or before June 30 of each
15year and posted on the State Board's Internet website. If the
16school district is required to submit a school discipline
17improvement plan for 2 or more consecutive years, its
18successive plans must also include a progress report
19describing the implementation of the previous plan or plans
20and the results achieved. Within one year after being
21identified, the school district shall submit to the State
22Board of Education and post on the district's Internet website
23a progress report describing the implementation of the plan
24and the results achieved.
25    (c) The State Superintendent of Education shall convene an
26Equitable and Restorative School Discipline Advisory Council,

 

 

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1which shall be staffed by the State Board of Education.
2Members of the Council shall be selected by the State
3Superintendent and shall include, without limitation,
4representatives of teacher unions and school district
5management, persons with expertise in restorative, culturally
6responsive, and trauma-informed processes and systems of
7school discipline, and youth and parent representatives and
8organizations. The Council shall meet at least quarterly and
9may also meet at the call of the chairperson of the Council,
10following the effective date of this amendatory Act of the 102
11General Assembly. The Council shall advise the State Board on
12the ongoing implementation of school discipline policies in
13this State, which may include gathering public feedback,
14sharing best practices, consulting with the State Board on any
15proposed rule changes regarding school discipline, and other
16subjects as determined by the chairperson of the Council.
17(Source: P.A. 99-30, eff. 7-10-15; 99-78, eff. 7-20-15;
18100-863, eff. 8-14-18.)
 
19    Section 99. Effective date. This Act takes effect upon
20becoming law.