§ 38–236.09. Annual reporting requirements.

(a) Each local education agency and entity operating a publicly funded community-based organization shall maintain data for each student that includes:

(1) Demographic data including:

(A) The campus attended by the student;

(B) The student’s grade level;

(D) The student’s race;

(E) The student’s ethnicity;

(F) Whether the student receives special education services;

(G) Whether the student is classified as an English language learner; and

(H) Whether the student is considered at-risk as defined in § 38-2901(2A);

(2) Discipline data including:

(A) Total number of in-school suspensions, out-of-school suspensions, involuntary dismissals, and emergency removals experienced by the student during each school year;

(B) Total number of days excluded from school;

(C) Whether the student was referred to an alternative education setting for the duration of a suspension, and whether the student attended;

(D) Whether the student was subject to a disciplinary unenrollment during the school year;

(E) Whether the student voluntarily withdrew or voluntarily transferred from the school during the school year;

(F) Whether the student was subject to referral to law enforcement;

(G) Whether the student was subject to school-related arrest and the reason for involving law enforcement officers;

(G-i) The type and count of weapons or controlled substances recovered during a school-related arrest; and

(H) A description of the conduct that led to or reasoning behind each suspension, involuntary dismissal, emergency removal, disciplinary unenrollment, voluntary withdrawal or transfer, referral to law enforcement, school-related arrest, recovery of weapons, recovery of controlled dangerous substances, and, for students with disabilities, change in placement; and

(3) Special education services data, including whether a student received during the school year:

(A) A functional behavioral assessment;

(B) An updated behavior improvement plan; or

(C) A manifestation determination review, including the number of suspension days that triggered the review, whether the suspension days were cumulative, and the outcome of the review.

(b) By August 15 of each year, each local education agency or entity operating a publicly funded community-based organization shall submit a report to the Office of the State Superintendent of Education disaggregated by each of the demographic categories identified in subsection (a)(1) of this section. The report shall include:"

(1) The students suspended for:

(A) At least one and no more than 5 days, and whether the suspension was an in-school suspension or an out-of-school suspension;

(B) At least 6 and no more than 10 days and whether the suspension was an in-school suspension or an out-of-school suspension;

(2) The students who received more than one suspension in a school year and whether the suspensions were in-school or out-of-school suspensions;

(3) The students who were referred to an alternative educational setting for the course of a suspension;

(4) The students who received a school-based intervention rather than an in-school suspension, and a description of the school-based intervention;

(5) The students involuntarily dismissed:

(A) At least once and no more than 5 times;

(B) At least 6 times and no more than 10 times;

(6) The students subject to emergency removals;

(7) The students subject to a disciplinary unenrollment, disaggregated by type of disciplinary unenrollment;

(8) The students who voluntarily withdrew or transferred;

(9) The students subject to referral to law enforcement;

(10) The students subject to school-related arrest;

(11) A description of the misconduct that led to or reasoning behind each suspension, involuntary dismissal, emergency removal, disciplinary withdrawal, voluntary withdrawal or transfer, referral to law enforcement, school-based arrest, and, for students with disabilities, change in placement;

(12) Whether the student received a functional behavior assessment, an updated behavioral improvement plan, or a manifestation determination review, as those terms are used in the Individuals with Disabilities Education Act, approved December 3, 2004 (118 Stat. 2745; 20 U.S.C. § 1400 et seq.), and the outcomes of those actions; and

(13) Whether the student was subject to suspensions exceeding the time limits described in § 38-236.04(b), and a summary of the written justification provided by the local education agency for those disciplinary actions.

(c)(1) Each local education agency or entity operating a publicly funded community-based organization shall provide the requested data in subsection (b) of this section in a form and manner prescribed by the Office of the State Superintendent of Education.

(2) The OSSE shall collaborate with local education agencies and publicly funded community-based organizations to develop consistent definitions for the types of misconduct and explanations of reasoning required to be maintained or reported pursuant to subsections (a)(2)(H) and (b)(11) of this section.

(d) By December 15 of each year, beginning in 2016, the Office of the State Superintendent of Education shall publicly report on the data provided by local education agencies and community-based organizations in subsection (b) of this section during the preceding school year, including a relevant trend analysis. The report shall include a trend analysis based on available data, including data drawn from the Youth Risk Behavior Survey, school climate surveys, and any other available sources, of the exclusion of students who identify as lesbian, gay, bisexual, questioning of the student's sexual orientation, transgender, gender nonconforming, or questioning of the student's gender identity or expression.

(e) Repealed.

(f) The OSSE, pursuant to subchapter I of Chapter 5 of Title 2, may issue rules to implement the provisions of this section.