Full Text of SB0453 100th General Assembly
SB0453sam002 100TH GENERAL ASSEMBLY | Sen. Kimberly A. Lightford Filed: 5/25/2017
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| 1 | | AMENDMENT TO SENATE BILL 453
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 453 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The School Code is amended by changing Section | 5 | | 2-3.162 and by adding Section 2-3.170 as follows: | 6 | | (105 ILCS 5/2-3.162) | 7 | | Sec. 2-3.162. Student discipline report; school discipline | 8 | | improvement plan. | 9 | | (a) On or before October 31, 2015 and on or before October | 10 | | 31 of each subsequent year, the State Board of Education, | 11 | | through the State Superintendent of Education, shall prepare a | 12 | | report on student discipline in all school districts in this | 13 | | State, including State-authorized charter schools. This report | 14 | | shall include data from all public schools within school | 15 | | districts, including district-authorized charter schools. This | 16 | | report must be posted on the Internet website of the State |
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| 1 | | Board of Education. The report shall include data on the | 2 | | issuance of out-of-school suspensions, expulsions, and | 3 | | removals to alternative settings in lieu of another | 4 | | disciplinary action, disaggregated by race and ethnicity, | 5 | | gender, age, grade level, whether a student is an English | 6 | | learner, incident type, and discipline duration. | 7 | | (b) The State Board of Education shall analyze the data | 8 | | under subsection (a) of this Section on an annual basis and | 9 | | determine the top 20% of school districts qualifying under any | 10 | | of for the following metrics: | 11 | | (1) Total number of out-of-school suspensions divided | 12 | | by 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 | | (2) Total number of out-of-school expulsions divided | 16 | | by the total district enrollment by the last school day in | 17 | | September for the year in which the data was collected, | 18 | | multiplied by 100. | 19 | | (3) Racial disproportionality, defined as the | 20 | | overrepresentation of students of color or white students | 21 | | in comparison to the total number of students of color or | 22 | | white students on October 1st of the school year in which | 23 | | data are collected, with respect to the use of | 24 | | out-of-school suspensions and expulsions, which must be | 25 | | calculated using the same method as the U.S. Department of | 26 | | Education's Office for Civil Rights uses. |
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| 1 | | The analysis must be based on data collected over 3 | 2 | | consecutive school years, beginning with the 2014-2015 school | 3 | | year. | 4 | | (c) On or before October 31, 2017 and on or before October | 5 | | 31 of each subsequent year, the State Board of Education shall | 6 | | notify each school district Beginning with the 2017-2018 school | 7 | | year, the State Board of Education shall require each of the | 8 | | school districts that are identified in the top 20% of any of | 9 | | the metrics described in this subsection (b) of this Section | 10 | | for 3 consecutive school years that the school district must | 11 | | submit a plan in conformance with subsection (d) of this | 12 | | Section. | 13 | | (d) School districts identified in the top 20% of any of | 14 | | the metrics described in subsection (b) of this Section for 3 | 15 | | consecutive school years must, in a manner prescribed by the | 16 | | State Board of Education, submit a plan to the State Board of | 17 | | Education that identifies to submit a plan identifying the | 18 | | strategies the school district will implement to reduce the use | 19 | | of exclusionary disciplinary practices or racial | 20 | | disproportionality or both, if applicable. School districts | 21 | | that no longer meet the criteria described in any of the | 22 | | metrics described in this subsection (b) for 3 consecutive | 23 | | years shall no longer be required to submit a plan. | 24 | | This plan may be combined with any other improvement plans | 25 | | required under federal or State law. | 26 | | The plan must be approved at a public school board meeting |
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| 1 | | no later than 90 days after notification from the State Board | 2 | | of Education pursuant to subsection (c) of this Section and | 3 | | must be posted on the school district's Internet website. | 4 | | Within one calendar year after the school board's approval of | 5 | | the plan, the school district shall submit to the State Board | 6 | | of Education, in a manner prescribed by the State Board of | 7 | | Education, and post on the district's Internet website a | 8 | | progress report describing the implementation of the plan and | 9 | | the results achieved. Additional annual progress reports shall | 10 | | be required until a school district no longer meets the | 11 | | criteria in any of the metrics described in subsection (b) of | 12 | | this Section for 3 consecutive school years. | 13 | | (e) The calculation of the top 20% of any of the metrics | 14 | | described in this subsection (b) of this Section shall exclude | 15 | | all school districts, State-authorized charter schools, and | 16 | | special charter districts that issued fewer than a total of 10 | 17 | | out-of-school suspensions or expulsions, whichever is | 18 | | applicable, during the school year. The calculation of the top | 19 | | 20% of the metric described in subdivision (3) of this | 20 | | subsection (b) of this Section shall exclude all school | 21 | | districts with an enrollment of fewer than 50 white students or | 22 | | fewer than 50 students of color. | 23 | | The plan must be approved at a public school board meeting | 24 | | and posted on the school district's Internet website. Within | 25 | | one year after being identified, the school district shall | 26 | | submit to the State Board of Education and post on the |
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| 1 | | district's Internet website a progress report describing the | 2 | | implementation of the plan and the results achieved.
| 3 | | (Source: P.A. 98-1102, eff. 8-26-14; 99-30, eff. 7-10-15; | 4 | | 99-78, eff. 7-20-15.) | 5 | | (105 ILCS 5/2-3.170 new) | 6 | | Sec. 2-3.170. Safe Schools and Healthy Learning | 7 | | Environments Program. | 8 | | (a) The General Assembly recognizes that (i) many K-12 | 9 | | students around the State are arrested in school and sent into | 10 | | the justice system, often for minor offenses that do not pose a | 11 | | serious threat to school safety; (ii) many schools across the | 12 | | State have become overly reliant on law enforcement personnel | 13 | | to handle routine school disciplinary matters; (iii) many | 14 | | student behaviors that result in arrest in some schools are | 15 | | addressed without involving the justice system in others; (iv) | 16 | | the over-criminalization of K-12 students has had significant | 17 | | negative consequences for students, families, and entire | 18 | | communities; (v) these dynamics, known as the | 19 | | "school-to-prison pipeline", have disproportionately affected | 20 | | students of color; (vi) these practices impose substantial | 21 | | economic costs on both localities and the State overall; (vii) | 22 | | the use of school-based law enforcement has not been proven | 23 | | effective as a strategy to promote safe and productive schools; | 24 | | and (viii) eliminating unnecessary school-based arrests and | 25 | | law enforcement presence in school while promoting the use of |
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| 1 | | developmentally appropriate alternatives will protect school | 2 | | safety, improve school climate, raise academic achievement, | 3 | | and save taxpayer dollars. | 4 | | (b) The State Board of Education, subject to appropriation, | 5 | | is authorized to award competitive grants on an annual basis | 6 | | under a Safe Schools and Healthy Learning Environments Program. | 7 | | Under this program, selected school districts must reallocate | 8 | | funding for school-based law enforcement personnel in some or | 9 | | all of their schools to other evidence-based and promising | 10 | | practices designed to promote school safety and healthy | 11 | | learning environments, including, but not limited to, | 12 | | restorative justice programs; increased use of school | 13 | | psychologists, social workers, and other mental and behavioral | 14 | | health specialists; drug and alcohol treatment services; | 15 | | wraparound services for youth; and training for school staff on | 16 | | conflict resolution techniques and other disciplinary | 17 | | alternatives. For purposes of this subsection (b), "promising | 18 | | practices" means practices that present, based on preliminary | 19 | | information, potential for becoming evidence-based practices. | 20 | | To apply for a grant under the program, school districts | 21 | | shall submit applications that outline their plans for | 22 | | reallocating their funds, including the total amount of funds | 23 | | to be reallocated. Subject to the availability of funds, for | 24 | | grant recipients, the Safe Schools and Healthy Learning | 25 | | Environments Program shall match the amount that is reallocated | 26 | | from school-based law enforcement personnel to alternative |
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| 1 | | methods of addressing student behavior on a dollar-for-dollar | 2 | | basis. | 3 | | Grant funds shall be used only to fund alternatives to | 4 | | school-based arrests and law enforcement presence in schools. | 5 | | Grant funds shall not be used to increase the use of | 6 | | school-based security personnel. Grant funds may be used to | 7 | | transition from school-based law enforcement personnel to | 8 | | alternative patrol structures. Nothing in this Section shall | 9 | | prohibit school districts from involving law enforcement | 10 | | personnel when necessary and allowed by law. | 11 | | (c) The State Board of Education, subject to appropriation | 12 | | of the grant program, shall annually disseminate a request for | 13 | | applications to this program and funds shall be distributed | 14 | | annually. The criteria to be considered by the State Board of | 15 | | Education in awarding the funds shall be (i) the arrest rates | 16 | | in the target schools over the preceding 3 years, which shall | 17 | | be calculated as the number of arrests divided by the number of | 18 | | students; (ii) the ratio of school-based law enforcement | 19 | | personnel to students in the target schools over the preceding | 20 | | 3 years; and (iii) the degree to which the proposal articulates | 21 | | a strong, comprehensive approach for eliminating unnecessary | 22 | | school-based arrests and the over-reliance on school-based law | 23 | | enforcement to address school disciplinary matters while | 24 | | building safer and healthier learning environments. | 25 | | For factor (i), applicant school districts shall be ranked | 26 | | from highest arrest rates to lowest, with higher arrest rates |
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| 1 | | receiving priority. For factor (ii), applicant school | 2 | | districts shall be ranked from the highest ratio of | 3 | | school-based law enforcement to students to the lowest ratio, | 4 | | with the higher ratios receiving priority. For factor (iii), | 5 | | applicant school districts shall be ranked on the basis of the | 6 | | strength of their overall strategy, with all school districts | 7 | | that fail to articulate a sound approach being excluded from | 8 | | consideration. The State Board of Education shall determine a | 9 | | scoring system for each factor based on the relative ranking of | 10 | | the applicant school districts. Applicant school districts' | 11 | | overall cumulative scores shall be based on the following | 12 | | weights: factor (i): 40%; factor (ii): 20%; and factor (iii): | 13 | | 40%. If the appropriated funds are insufficient to provide | 14 | | matching funds to all selected grantees, the funds shall be | 15 | | awarded to the qualified applicant school districts on a | 16 | | proportionate basis, based on the number of students within the | 17 | | school districts to be affected by the grants, unless the | 18 | | resulting allocation to qualified applicants would be less than | 19 | | 25% of some or all school districts' proposed reallocation | 20 | | amounts. In that event, funds shall be awarded on a | 21 | | proportionate basis to school districts in the order of their | 22 | | respective scores, with the highest-scoring school district | 23 | | receiving top priority, up until the point at which the | 24 | | resulting allocations would be less than 25% of some or all | 25 | | selected school districts' proposed reallocation amounts. If | 26 | | the appropriated funds exceed what is required to provide |
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| 1 | | dollar-for-dollar matching funds to all qualified applicants, | 2 | | the surplus shall be rolled over to be used for grants the | 3 | | following year. | 4 | | (d) The State Board of Education, subject to appropriation | 5 | | to the grant program, shall produce an
annual report on the | 6 | | results of the Safe Schools and Healthy Learning Environments | 7 | | Program in
cooperation with the school districts participating | 8 | | in the program. The report shall include both
quantitative and | 9 | | qualitative information on the progress being made in reducing | 10 | | unnecessary
school-based arrests and the over-reliance on | 11 | | school-based law enforcement to address school
disciplinary | 12 | | matters, and the effects of the program on school safety and | 13 | | school climate. The report
shall include the number of | 14 | | school-based arrests made within participating schools during | 15 | | the 3
school years prior to the grant compared to the number of | 16 | | school-based arrests made during the school
year the grant was | 17 | | awarded. This report shall be posted on the State Board of | 18 | | Education's website by
October 31 of each year, beginning in | 19 | | 2018. | 20 | | (e) The State Board of Education may adopt rules necessary | 21 | | for the implementation of this program.
| 22 | | Section 99. Effective date. This Act takes effect upon | 23 | | becoming law.".
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