1. Loyola University Chicago School of Law’s Education Law and Policy Institute, Loyola University Chicago School of Education and The Illinois State Board of Education School Discipline Workshop: Best Practices in Addressing Student Behaviors While Keeping Schools Safe LEGAL OVERVIEW Nicki Bazer Illinois State Board of Education nbazer@isbe.net (312) 814-2223

2. SOURCES: SCHOOL DISCIPLINE Illinois School Code ISBE Regulations ISBE Non-Regulatory Guidance

3. ILLINOIS SCHOOL CODE 105 ILCS 5/10-20.14: Creation, maintenance and duties of the Parent-Teacher Advisory Committee Policy guidelines on student discipline Provision of policy to parents Reporting system with local law enforcement School bus safety procedures Address students who demonstrate risk for aggressive behavior

4. ILLINOIS SCHOOL CODE 105 ILCS 5/10-22.6 Suspension and Expulsions Gross Disobedience or misconduct Expulsions: not to exceed 2 years Suspension: not to exceed 10 days (except if misconduct occurs on the bus) Hearing process Expulsions due to weapon possession

5. ILLINOIS SCHOOL CODE 105 ILCS 5/10-22.6 (CONT.) Suspension/Expulsion due to Internet threats Lawful searches Alternative Programs

6. ILLINOIS SCHOOL CODE 105 ILCS 5/24-24 School employees must maintain discipline in schools and on school grounds, during all activities, including extracurricular activities. School policies must allow school employees to use reasonable force to maintain safety or in self- defense and allow school employees to remove a student from a classroom. School policies cannot allow for slapping, paddling, maintaining a student in a painful position or the intentional infliction of bodily harm.

7. ILLINOIS SCHOOL CODE 105 ILCS 5/13A and 13B Alternative Public Schools and Alternative Learning Opportunities

8. I SBE NON-REGULATORY GUIDANCE Non-regulatory guidance 12-03 Transfer of Students to Regional Safe School and Alternative Learning Opportunities

9. ISBE REGULATIONS 23 Illinois Administrative Code 1.280 Board must maintain a discipline policy A policy can allow the use of physical restraint only if it contains certain provisions, including when it can be applied, what the procedures are, reporting requirements and procedures to be used with students with disabilities.

10. ISBE REGULATIONS 23 Illinois Administrative Code 1.285 Requirements for the use of isolated time out and physical restraint. Can only be used as a means of maintaining discipline in school defined as a safe and orderly environment for learning and only to the extent necessary to preserve the safety of students and others. It cannot be used as a form of administering discipline or punishment.

11. ISBE REGULATIONS 23 Illinois Administrative Code 1.285 (CONT) Specifics on the type of room used for isolated time outs Type of restraints employed Time limits Documentation of the event Need for an individual behavior plan Notification to parents Requirements for training

12. NEW STATUTORY PROVISION SB 2793: Discipline Data Bill Passed Both Houses Annual Report by ISBE to include data, by district, on issuance of out-of school suspensions, expulsions, removals to alternative settings, disaggregated by race, ethnicity, gender, age, grade level, EL status, incident type and discipline duration

13. NEW STATUTORY PROVISION SB 2793 (CONT): ISBE will analyze the data and determine top 20% of districts: Total # of out-of-school suspensions (factoring in enrollment) Total # of out-of-school expulsions (factoring in enrollment) Racial disproportionality

14. NEW STATUTORY PROVISION SB 2793 (CONT): Beginning in 2017-18 school year, districts falling into the top 20% of any of the metrics must submit a plan identifying strategies to reduce the use of exclusionary discipline practices, racial disproportionality or both. Once a district doesn’t land in 20% for 3 consecutive years, no more plan. Districts with fewer than 10 out-of-school suspensions or expulsions are excluded. Districts with fewer than 50 white students or fewer than 50 students of color are excluded from the racial disproportionality calculation.

15. PROPOSED LEGISLATION SB 3004: Comprehensive School Discipline Reform