20 ILCS 65/ Data Governance and Organization to Support Equity and Racial Justice Act.

(20 ILCS 65/Art. 5 heading) Article 5. (Amendatory provisions; text omitted)(Source: P.A. 101-654, eff. 3-8-21.)

(20 ILCS 65/Art. 10 heading) Article 10. (Amendatory provisions; text omitted)(Source: P.A. 101-654, eff. 3-8-21.)

(20 ILCS 65/Art. 15 heading) Article 15. (The Equitable Early Childhood Education and Care Act is compiled at 325 ILCS 75/)(Source: P.A. 101-654, eff. 3-8-21.)

(20 ILCS 65/Art. 20 heading) Article 20.

(Source: P.A. 101-654, eff. 3-8-21.)

(20 ILCS 65/20-1)

Sec. 20-1. Short title. This Article may be cited as the Data Governance and Organization to Support Equity and Racial Justice Act. References in this Article to "this Act" mean this Article.

(Source: P.A. 101-654, eff. 3-8-21.)

(20 ILCS 65/20-5)

Sec. 20-5. Findings. The General Assembly finds the following:

(1) The State of Illinois spends billions of dollars annually on grants and programs to ensure that all Illinoisans have the economic, health and safety, educational, and other opportunities to be successful, but it is still insufficient to serve all the needs of all Illinoisans.

(2) To be good fiscal stewards of State funds, it is necessary to ensure that the limited State funding is spent on the right services, at the right time, in the right dosages, to the right individuals, and in the most equitable manner.

(3) Historical equity gaps exist in the administration of programs across the State and understanding where these exist is necessary for adjusting program scopes and ensuring that gaps can be found and rectified quickly.

(4) Different subpopulations of individuals may have different needs and may experience different outcomes from similar programs.

(5) Measuring average outcomes across an entire population is insufficient to understand the equity impacts of a program on specific subpopulations.

(6) Silos in information sharing exist across agencies and that measuring the outcomes and impacts of programs requires multiple agencies to share data.

(7) There is no existing mechanism for agencies to ensure they are collecting information on programs that can be easily matched to other agencies to understand program effectiveness, as well as equity and access gaps that may exist.

(8) The establishment of a system of data governance and improved analytic capability is critical to support equitable provision of services and the evaluation of equitable outcomes for the citizens of Illinois.

(9) Sound data collection, reporting, and analysis is necessary to ensure that practice and policy decisions and outcomes are driven by a culture of data use and actionable information that supports equity and engages stakeholders.

(10) Data governance and the classification of data is a critical component of improving the security and privacy of data.

(11) The P-20 Longitudinal Education Data System Act, enacted by Public Act 96-107, was created in 2009 to develop the capacity to match data across agencies and provide for improved data analytics across education agencies.

(12) The P-20 Longitudinal Education Data System has expanded to include the incorporation of human services, workforce, and education agencies.

(13) The implementation of the P-20 Longitudinal Education Data System has allowed the State to improve its ability to manage and to bring together data across agencies.

(14) Merging data across agencies has highlighted the degree to which there are different approaches to capturing similar data across agencies, including how race and ethnicity data are captured.

(15) The State of Illinois needs to establish common processes and procedures for all of the following:

(A) Cataloging data.

(B) Managing data requests.

(C) Sharing data.

(D) Collecting data.

(E) Matching data across agencies.

(F) Developing research and analytic agendas.

(G) Reporting on program participation disaggregated by race and ethnicity.

(H) Evaluating equitable outcomes for underserved populations in Illinois.

(I) Defining common roles for data management across agencies.

(Source: P.A. 101-654, eff. 3-8-21.)

(20 ILCS 65/20-10)

Sec. 20-10. Definitions. In this Act:

"Board" means the State Board of Education.

"Department" means any of the following: the Department on Aging, the Department of Central Management Services, the Department of Children and Family Services, the Department of Corrections, the Department of Juvenile Justice, the Illinois Department of Labor, the Department of Healthcare and Family Services, the Department of Human Services, the Department of Public Health, or the Illinois Department of Transportation.

(Source: P.A. 101-654, eff. 3-8-21.)

(20 ILCS 65/20-15)

(Text of Section before amendment by P.A. 103-935)

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

(a) On or before July 1, 2022 and each July 1 thereafter, the Board and the Department shall report statistical data 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 the same racial and ethnic 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 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 subject to federal reporting requirements that include the collection and public reporting of statistical data on the racial and ethnic 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).

(c) The Department of Innovation and Technology shall assist the Board and the Department by establishing common technological processes and procedures for the Board and the Department to:

(1) Catalog data.

(2) Identify similar fields in 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 July 1, 2022, the Board or the Department shall state the reasons for the delay under the reporting requirements.

(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 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 datasets and programs that are outstanding for each agency and the datasets that are planned for the upcoming year. On or before March 31, 2023, and each year thereafter, the Board and the Department shall provide an updated report to the General Assembly.

(f) 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; 103-605, eff. 7-1-24.)

(Text of Section after amendment by P.A. 103-935)

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

(a) By October 31 of each year, the Board and the Department shall issue a report, for the prior State fiscal year, that sets out de-identified statistical data related to 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). The Department of Human Services, under the direction of the Office of the Governor, shall establish, by rule, demographic classifications for each reporting category, including race and ethnicity, age, sex, disability status, sexual orientation, gender identity, and primary or preferred language. Except as provided in subsection (b), when reporting the data required under this Section for each program, the Board or the Department shall use the classifications established by the Department of Human Services.

The Office of the Governor shall review the demographic classifications every 5 years after the effective date of this amendatory Act of the 103rd General Assembly. If the Office of the Governor determines that changes to the classifications are necessary, the Department of Human Services shall update the classifications, as directed by the Office of the Governor.

(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) A program administered by the Board or the Department is exempted from the reporting requirements described in subsection (a) if:

(1) the program is subject to federal reporting requirements that include the collection and public reporting of statistical data on the demographic categories required by this Act; and

(2) the federal reporting requirements use different classifications for the reporting of demographic categories than the classifications established by the Department of Human Services.

The program shall report on any demographic categories described in subsection (a) that are not included in the federal report.

(b-5) If a program administered by the Board or the Department serves and collects data regarding individuals younger than 18 years old, the program is exempt from the sexual orientation and gender identity demographic collection requirements described in subsection (a).

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

(1) the Office of the Governor;

(2) the Department of Innovation and Technology;

(3) the Department of Human Services; and

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

(c) The Department of Innovation and Technology, in conjunction with the Office of the Governor, shall assist the Board and the Department by identifying and providing advice on common technological processes and procedures for the Board and the Department to:

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

(2) Identify similar fields in data sets.

(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 collected data as described in subsection (a) by October 31 immediately following the effective date of this amendatory Act of the 103rd General Assembly, the Board or the Department shall state the reasons for the delay or inability to collect the particular data set for that program under the reporting requirements described in 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 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 and programs that are outstanding for each agency and the data sets that are planned for the upcoming year. On or before April 30 of each year, the Board and the Department shall provide an updated report to the General Assembly.

(f) (Blank).

(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; 103-605, eff. 7-1-24; 103-935, eff. 1-1-25.)

(20 ILCS 65/20-20)

Sec. 20-20. Construction of Act. Nothing in this Act 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. 101-654, eff. 3-8-21.)

(20 ILCS 65/Art. 25 heading) Article 25. (Amendatory provisions; text omitted)(Source: P.A. 101-654, eff. 3-8-21.)

(20 ILCS 65/Art. 35 heading) Article 35. (The Infant/Early Childhood Mental Health Consultations Act is compiled at 405 ILCS 47/)(Source: P.A. 101-654, eff. 3-8-21.)

(20 ILCS 65/Art. 40 heading) Article 40. (Amendatory provisions; text omitted)(Source: P.A. 101-654, eff. 3-8-21.)

(20 ILCS 65/Art. 45 heading) Article 45. (The Early Childhood Workforce Act is compiled at 325 ILCS 80/)(Source: P.A. 101-654, eff. 3-8-21.)

(20 ILCS 65/Art. 50 heading) Article 50. (Amendatory provisions; text omitted)(Source: P.A. 101-654, eff. 3-8-21.)

(20 ILCS 65/Art. 60 heading) Article 60. (Amendatory provisions; text omitted)(Source: P.A. 101-654, eff. 3-8-21.)

(20 ILCS 65/Art. 65 heading) Article 65. (Amendatory provisions; text omitted)(Source: P.A. 101-654, eff. 3-8-21.)

(20 ILCS 65/Art. 70 heading) Article 70. (Amendatory provisions; text omitted)(Source: P.A. 101-654, eff. 3-8-21.)

(20 ILCS 65/Art. 75 heading) Article 75. (Amendatory provisions; text omitted)(Source: P.A. 101-654, eff. 3-8-21.)

(20 ILCS 65/Art. 85 heading) Article 85. (Amendatory provisions; text omitted)(Source: P.A. 101-654, eff. 3-8-21.)

(20 ILCS 65/Art. 95 heading) Article 95. (The Equity in Higher Education Act is compiled at 110 ILCS 235/)(Source: P.A. 101-654, eff. 3-8-21.)

(20 ILCS 65/Art. 100 heading) Article 100. (The Developmental Education Reform Act is compiled at 110 ILCS 175/)(Source: P.A. 101-654, eff. 3-8-21.)

(20 ILCS 65/Art. 115 heading) Article 115. (Amendatory provisions; text omitted)(Source: P.A. 101-654, eff. 3-8-21.)

(20 ILCS 65/Art. 120 heading) Article 120. (Amendatory provisions; text omitted)(Source: P.A. 101-654, eff. 3-8-21.)

(20 ILCS 65/Art. 125 heading) Article 125. (Amendatory provisions; text omitted)(Source: P.A. 101-654, eff. 3-8-21.)

(20 ILCS 65/Art. 130 heading) Article 130. (The Transitions in Education Act is compiled at 110 ILCS 180/)(Source: P.A. 101-654, eff. 3-8-21.)

(20 ILCS 65/Art. 135 heading) Article 135. (Amendatory provisions; text omitted)(Source: P.A. 101-654, eff. 3-8-21.)

(20 ILCS 65/Art. 145 heading) Article 145. (The Early Education Act is compiled at 325 ILCS 21/)(Source: P.A. 101-654, eff. 3-8-21.)

(20 ILCS 65/Art. 150 heading) Article 150. (Amendatory provisions; text omitted)(Source: P.A. 101-654, eff. 3-8-21.)

(20 ILCS 65/Art. 155 heading) Article 155. (Amendatory provisions; text omitted)(Source: P.A. 101-654, eff. 3-8-21.)

(20 ILCS 65/Art. 999 heading) Article 999.

(Source: P.A. 101-654, eff. 3-8-21.)

(20 ILCS 65/999-999)

Sec. 999-999. Effective date. This Act takes effect upon becoming law.

(Source: P.A. 101-654, eff. 3-8-21.)