120 Children’s Legal Rights Journal [Vol. 36:2 2016]
and supportive interventions to enable the student to remain engaged and on track to
7. Procedural Guidelines for the Discipline of Students with Disabilities: The district or
school should provide protections for the rights of students with disabilities in
discipline that are consistent with federal (e.g., Individuals with Disabilities Education
Act105 and Section 504 of the Rehabilitation Act106) and state mandates as well as best
practices relating to Manifestation Determination Reviews (MDRs) and development
of Functional Behavioral Assessments (FBAs) and Behavioral Intervention Plans
8. Professional Development: Districts and schools should create a professional
development plan to ensure that all district and school staff have the tools, skills and
support to effectively carry out the disciplinary responses proposed in the model code.
In particular, districts and schools should ensure that teachers, classroom staff and other
staff who may be involved in situations resulting in school discipline (including bus
drivers, cafeteria staff and security officials) receive training in “youth development,
the impact of trauma, implicit bias, positive behavior interventions, de-escalation
techniques, and restorative practices.”
108 Districts and schools shall also make
reasonable efforts to provide ongoing professional development to teachers,
administrators, staff, school board members, and school resource officers in topics that
include the adverse impact of school exclusion and involvement in the criminal and
juvenile justice system, strategies for effective classroom management, and culturally
9. Data Collection and Monitoring: The district or school should regularly collect,
analyze and publish data on suspensions (e.g., in-school and out-of-school) and
expulsions to inform school-based problem solving efforts. Data should be
disaggregated by race/ethnicity, as well as by gender, age, limited English proficiency,
free lunch eligibility, special education status, incident type, discipline duration and
other characteristics viewed important for the particular school context. Data should be
tracked to monitor discipline equity and use of exclusionary discipline and to inform
discipline practices and code revisions.
110 Reliable and valid data complies with Illinois
Public Act 98-1102 and also helps to facilitate systems that identify and understand
existing disciplinary concerns, thereby informing and creating action steps for
addressing the issues.
The code incorporates the use of graphics, illustrations, and charts to help guide administrator
decision-making. In addition to providing suggested language that could be directly inserted in a
105 20 U.S.C. § 1400 (2012).
106 29 U.S.C. § 701 (2012).
109 Id. at 28 (citing 105 ILL. COMP. STAT. ANN. 5/10-22.6(c-5) (as amended) and quoting U.S. DEP’T OF EDUC.,
GUIDING PRINCIPLES, supra note 8, at 16–17 (“Where appropriate, schools may choose to explore using culture
competence training to enhance staff awareness of their implicit or unconscious biases and the harms associated with
using or failing to counter racial and ethnic stereotypes.”)).