with the new Illinois discipline legislation.58 Upon completion, the model code will be published
on the Illinois State Board of Education’s website as a resource for school districts.59
III. STATE DISCIPLINE LEGISLATION
As described above, Illinois passed two new laws relating to discipline in the past year and
a half.60 Both were originally part of the same legislation, initially introduced in the spring 2014
legislative session as the Safety and Equity in Education Act,61 but were ultimately passed as two
separate pieces of legislation. The first legislation passed was Public Act 98-1102, which became
effective in August 2014.62 This legislation requires the Illinois State Board of Education to
annually report, starting in October 2015, discipline data from all school districts in the state.63
This report is to include data from all publicly funded schools within the district, including district-
authorized charter schools.64 The data must include: “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, limited English proficiency, incident
type, and discipline duration.”65 Based on these data, ISBE is required to annually determine the
top twenty percent of districts in each of the following areas: (1) issuance of out-of-school
suspensions, as determined by the total number of out-of-school suspensions issued as a percentage
of total district enrollment; (2) issuance of out-of-school expulsions, as determined by the total
number of out-of-school expulsions issued as a percentage of total district enrollment; and (3)
racial disproportionality, which is calculated using the same method as the USDOE’s Office for
This legislation goes beyond many state and local laws requiring the release of discipline
data because it also calls for the development of corrective action plans by those districts with high
levels of reliance on exclusionary school discipline or racial disproportionality, or both.67 Starting
with the 2017-18 school year, school districts that are in the top twenty percent for any one of the
three areas discussed above for the previous three consecutive years must develop a corrective
action plan to remedy the identified deficiencies, obtain school board approval for the plan, and
post the plan on the district’s website.68 Within a year after being identified, districts must also
58 Id.; Transforming School Discipline Collaborative, Update on Model Code Status and Distribution (unpublished
notes from Feb. 17, 2016 meeting) (on file with author).
59 Email from Rupa Ramadurai, Asst. Gen. Counsel, Illinois State Bd. of Educ. to Miranda Johnson, Assoc. Dir., Educ.
Law & Policy Inst. at Loyola Univ. Chicago Sch. of Law (Mar. 30, 2016) (on file with author).
60 Act effective Aug. 26, 2014, Pub. Act 98-1102 (codified at 105 ILL. COMP. STAT. ANN. 5/2-3.162 and as amended
at 105 ILL. COMP. STAT. ANN. 5/27A-5(g)(10) (West 2015)); Act effective Sept. 15, 2016, Pub. Act 99-0456 (2015)
(to be codified as amended in scattered sections of 105 ILL. COMP. STAT. ANN. 5/). For clarity, references to specific
sections of this act will be to the amended version of the statute.
61 VOYCE, supra note 35.
62 Pub. Act 98-1102 (2014).
63 105 ILL. COMP. STAT. ANN. 5/2-3.162(a)(West 2015).
64 Id. at 5/2-3.162(a) & 5/27A-5(g)(10).
65 Id. at 5/2-3.162(a).