Illinois Student Discipline Law Amended, Lawmakers Look To Fix Problems With Past Reforms

SPRINGFIELD, IL — State regulations on student discipline policies are due to change, as Illinois lawmakers last week passed legislation aimed at improving school safety after earlier reforms failed to make the grade.

State lawmakers last week passed an amendment to the School Code that updates a bill passed nearly a decade ago in an effort to plug the so-called "school-to-prison pipeline."

Senate Bill 1400 passed the Illinois Senate by a vote of 52-2 on May 17 and cleared the House on Friday with a majority of 106-5.

It adds to provisions of a 2015 law that banned zero-tolerance policies, disciplinary fines, defined the role of police in schools and limited exclusionary discipline in an effort to reduce the reliance on suspensions and expulsions except as a last resort.

Now headed to the governor's desk, the new law was "extensively negotiated" by Illinois teachers union representatives and school management, according to a legislative update from the Illinois Association of School Boards.

Association representatives reported school board lobbyists agreed to scale back the bill following "significant opposition" from a coalition led by Voices of Youth in Chicago Education.

In pushing for the passage of the earlier law, Senate Bill 100, the student-led advocacy group cited Education Department data showing Illinois had one of the widest racial disparities in suspensions, with Chicago Public Schools suspending about 6.4 Black students for every white student back in 2012.

More recently, records from the state's largest high school district — Township High School District 211 — reportedly showed Black and Latino students received nearly two-thirds of tickets issued by police in the five-school northwest suburban district, despite being less than a third of the population.

According to the state's largest teachers union, the Illinois Education Association, the new bill will strengthen the mission of the 2015 law.

“Senate Bill 100 is an important milestone in addressing racial disparities in student discipline. However, in many districts, the bill led to a lack of appropriate intervention altogether,” IEA President Al Llorens said in a statement. “It was never meant to remove all appropriate boundaries for our students. Consequences are part of teaching students the skills they need to be successful in life.”

Llorens said there was more work to do to make sure schools are safe and healthy for both students and staff.

“Typically, when landmark legislation like this passes, model policies and support are provided to districts. But that never happened," he said. "Instead, without proper guidance, many districts removed repercussions almost entirely. Little to no disciplinary practices, coupled with the increased student aggression stemming from the disruption caused by the pandemic means our members are being hit, kicked and bit more than ever before.”

Data collected by the State Board of Education shows attacks on school personnel have nearly doubled, according to a report published in January summarizing a survey of teachers union members. (Last year, there were 2,549 reported attacks on school personnel, nearly 300 more than the year before.)

A scientific survey of members of the teachers union found that almost 20 percent had been "assaulted on the job" during the prior five years, according data shared by IEA representatives. Ninety-six of the 500 IEA members surveyed reported assaults — 73 percent said they were physical, 21 percent were verbal and 11 percent involved special education students.

The IEA report cited a national study showing nearly half of teachers and more than 30 percent of other school staff planned or wanted to quit or switch schools due to safety concerns. The union's report noted that uneven distribution of money and failed school leadership can be a factor in perceived school safety.

"In addition, poorly implemented student discipline reform efforts and poorly implemented alternatives to exclusion discipline may also be to blame," wrote Diana Zaleski, the union's director of agency relations and education policy.

The new bill gives the Illinois State Board of Education until July 1, 2025, to consult with "stakeholders deemed appropriate" and publish guidance for the development of evidence-based intervention procedures, reciprocal reporting systems with police, school bus safety procedures, guidance for the re-engagement of students who are suspended, expelled or return from an alternative school setting.

"We are grateful our lawmakers listened to us and saw the need for change," the union president said. "We know this bill doesn’t entirely fix the issues stemming from aggressive student behavior, but we absolutely believe this is a step in the right direction."

The bill was sponsored by State Rep. Maurice West (D-Rockford) and Sen. Kimberly Lightford (D-Maywood.)

"This bill is in response to districts reaching out asking for more parameters so that they can be more effective when it comes to student discipline," West said, according to WAND-TV.

North suburban state representatives Daniel Didech (D-Buffalo Grove), Robin Gabel (D-Evanston), Rita Mayfield (D-Waukegan) Kevin Olickal (D-Skokie), were alternate co-sponsors of the legislation.

The new bill also calls for school districts to create memoranda of understanding with local police to "clearly define" the role of law enforcement in school.

There has long been tension between Chicago police and Chicago Public Schools over reporting violent incidents and arresting students on campus, according to a report from the Illinois Answers Project.

Following a Dec. 16, 2022, mass shooting outside Benito Juarez High School in Chicago, the school's principal and some staffers had to be threatened with grand jury subpoenas to cooperate with detectives, the report found. Illinois Answers reported police even considered charging the school's principal with obstruction of justice.