SB0704sam002 100TH GENERAL ASSEMBLY

Sen. Kimberly A. Lightford

Filed: 5/25/2017

10000SB0704sam002 LRB100 08210 NHT 26895 a

AMENDMENT TO SENATE BILL 704

AMENDMENT NO. ______. Amend Senate Bill 704 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, incident type, and discipline duration.

(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 qualifying under any of 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.

(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.

(c) On or before October 31, 2017 and on or before October 31 of each subsequent year, the State Board of Education shall notify each school district 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) of this Section for 3 consecutive school years that the school district must submit a plan in conformance with subsection (d) of this Section.

(d) School districts identified in the top 20% of any of the metrics described in subsection (b) of this Section for 3 consecutive school years must, in a manner prescribed by the State Board of Education, submit a plan to the State Board of Education that identifies to submit a plan identifying the strategies the school district will implement to reduce the use of exclusionary disciplinary practices 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 plan must be approved at a public school board meeting no later than 90 days after notification from the State Board of Education pursuant to subsection (c) of this Section and must be posted on the school district's Internet website. Within one calendar year after the school board's approval of the plan, the school district shall submit to the State Board of Education, in a manner prescribed by 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. Additional annual progress reports shall be required until a school district no longer meets the criteria in any of the metrics described in subsection (b) of this Section for 3 consecutive school years.

(e) The calculation of the top 20% of any of the metrics described in this subsection (b) of this Section 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, whichever is applicable, during the school year. The calculation of the top 20% of the metric described in subdivision (3) of this subsection (b) of this Section 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.)

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