Strengthening civil rights data collection with respect to exclusionary discipline in schools

(a) In general The Assistant Secretary for Civil Rights shall annually carry out data collection, while maintaining appropriate safety and privacy standards, authorized under section 203(c)(1) of the Department of Education Organization Act (20 U.S.C. 3413(c)(1)), which shall include data with respect to students enrolled in a public preschool, elementary, or secondary school (including traditional public, charter, virtual, special education school, and alternative schools or placements) who received the following disciplinary actions during the preceding school year: (1) Suspension (including the classification of the suspension as in-school suspension or out-of-school suspension), which shall include data with respect to— (A) the number of students who were suspended, disaggregated and cross-tabulated by type of suspension and by— (i) enrollment in a preschool or in an elementary school and secondary school by grade level; (ii) race; (iii) ethnicity; (iv) sex (including, to the extent possible, sexual orientation and gender identity); (v) low-income status; (vi) disability status (including students eligible for disability under the Individuals with Disabilities Education Act (20 U.S.C. 1401 et. seq.) or section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 10 794)); (vii) English learner status; (viii) foster care status; (ix) housing status, to the extent possible; (x) Tribal citizenship or descent, in the first or second degree, of an Indian Tribe, to the extent possible; and (xi) pregnant and parenting student status, to the extent possible; (B) the number and length of suspensions; (C) the reason for each such suspension, including— (i) a violation of a zero-tolerance policy and whether such violation was due to a violent or nonviolent offense; (ii) a violation of an appearance policy, dress code, or grooming policy; (iii) an act of insubordination; (iv) willful defiance; and (v) a violation of a school code of conduct; and (D) the number of days of lost instruction due to each out-of-school and in-school suspension. (2) Expulsion, including agreements to withdraw a child from school in lieu of an expulsion process, which shall include data with respect to— (A) the number of students who were expelled, disaggregated and cross-tabulated as outlined under clauses (i) through (xi) of subsection (a)(1)(A); and (B) the reason for each such expulsion, including— (i) a violation of a zero-tolerance policy and whether such violation was due to a violent or nonviolent offense; (ii) a violation of an appearance policy, dress code, or grooming policy; (iii) an act of insubordination, willful defiance, or violation of a school code of conduct; and (iv) the use of profane or vulgar language. (3) The number of students subject to an out-of-school transfer to a different school, including alternative education placements or a virtual school, disaggregated and cross-tabulated as outlined under clauses (i) through (xi) of subsection (a)(1)(A), and the primary reason for each such transfer. (4) The number of students subject to a referral to law enforcement or threat assessment process, disaggregated and cross-tabulated as outlined under clauses (i) through (xi) of subsection (a)(1)(A), including the primary reason for each such referral, and whether such referral resulted in an arrest. (5) The number of students arrested at school, including at school-sponsored activities, disaggregated and cross-tabulated as outlined under clauses (i) through (xi) of subsection (a)(1)(A), and the primary reason for such arrest. (6) The number of students subject to a referral to or placement in a residential facility, including for temporary or short-term holds (such as 48-hour or 72-hour holds) disaggregated and cross-tabulated as outlined under clauses (i) through (xi) of subsection (a)(1)(A). (7) The number of students subject to placement in juvenile or criminal legal confinement or other institutionalized settings, including diversion to arrest programs and mental and psychiatric programs, disaggregated and cross-tabulated as outlined under clauses (i) through (xi) of subsection (a)(1)(A). (b) Report (1) In general Not later than one year after the date of the enactment of this Act, and annually thereafter, the Assistant Secretary for Civil Rights shall submit to Congress a report on the data collected under subsection (a). (2) Requirements The report required under paragraph (1) shall— (A) identify, with respect to the data collected under subsection (a), schools, local educational agencies, and States that demonstrate a pattern of the overuse and discriminatory use of exclusionary disciplinary practices; (B) be disaggregated and cross tabulated, except that such disaggregation shall not be required in the case of a State, local educational agency, or a school in which the number of students in a subgroup is insufficient to yield statistically reliable information or the results would reveal personally identifiable information about an individual student, by— (i) enrollment in a preschool or in an elementary school and secondary school by grade level; (ii) race; (iii) ethnicity; (iv) sex (including, to the extent possible, sexual orientation and gender identity); (v) low-income status; (vi) disability status (including students eligible for disability under the Individuals with Disabilities Education Act (20 U.S.C. 1401 et. seq.) or section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794)); (vii) English learner status; (viii) foster care status; (ix) housing status, to the extent possible; (x) Tribal citizenship or descent, in the first or second degree, of an Indian Tribe; and (xi) pregnant and parenting student status, to the extent possible; (C) be publicly accessible in multiple languages, accessibility formats, and provided in a language that parents, families, and community members can understand; and (D) be presented in a manner that protects the privacy of individuals consistent with the requirements of section 444 of the General Education Provisions Act (20 U.S.C. 1232g), commonly known as the Family Educational Rights and Privacy Act of 1974.