; 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 suspension. (2) Expulsion, which shall include data with respect to— (A) the number of students who were expelled; 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 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 a virtual school, and if so, the primary reason for each such transfer. (4) The number of students subject to a referral to law enforcement, including the primary reason for each such referral, and whether such referral resulted in an arrest. (b) Report (1) In general Not later than 1 year after the date of the enactment of this Act, and annually thereafter, the Secretary, acting through 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, in the opinion of the Secretary, the overuse and discriminatory use of exclusionary disciplinary practices; (B) be disaggregated and cross tabulated 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