Bill Amendment: IL SB2202 | 2025-2026 | 104th General Assembly

NOTE: For additional amemendments please see the Bill Drafting List

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Bill Title: ACADEMIC FREEDOM OF EXPRESSION

Status: 2026-06-01 - Senate Committee Amendment No. 1 Rule 3-9(a) / Re-referred to Assignments [SB2202 Detail]

Download: Illinois-2025-SB2202-Senate_Amendment_002.html

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Sen. Graciela Guzm�n

Filed: 3/6/2026

 

 

 

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AMENDMENT TO SENATE BILL 2202
AMENDMENT NO. ______. Amend Senate Bill 2202 by replacing
everything after the enacting clause with the following:
"Section 5. The Public Higher Education Act is amended by
adding Section 8 as follows:
(110 ILCS 167/8 new)
Sec. 8. Academic freedom.
(a) The General Assembly finds that public institutions of
higher education are a public good that foster the free search
for truth, robust debate, and innovation that benefit this
State. Academic freedom is indispensable to this mission and
therefore warrants statutory protection.
(b) Every faculty member or accredited academic unit of a
public institution of higher education has the right to all of
the following:
(1) Freedom in teaching, including the right to select

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pedagogical methods, course materials, and forms of
assessment and to present subject matter according to the
standards of the discipline.
(2) Freedom in research, including the right to
pursue, produce, publish, and disseminate
scholarship-related research without institutional or
governmental interference, subject only to professional
ethics and applicable laws.
(3) Freedom of expression on matters of public
concern, including the right to comment on institutional,
local, State, or federal policies, whether acting as a
citizen or as a member of the academic community, without
fear of direct or indirect retaliation. This freedom shall
be exercised in a manner consistent with professional
academic standards, institutional responsibilities, and
applicable laws.
(c) This Section may not be construed to:
(1) prevent this State or a public institution of
higher education from enacting generally applicable
academic standards, degree requirements, or governance
structures developed through established
shared-governance processes;
(2) limit compliance with federal or State civil
rights, health and safety, or fiduciary laws; or
(3) supersede any valid collective bargaining
agreement provisions that afford equal or greater

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protection.
(d) No State officer or employee, member of a State
governing or coordinating board, or institutional
administrator may direct, coerce, or penalize any faculty
member of a public institution of higher education concerning
the specific content, viewpoint, or method of the faculty
member's teaching or scholarship, except as permitted under
subsection (c).
(e) The governing board of each public institution of
higher education shall, within 12 months after the effective
date of this amendatory Act of the 104th General Assembly,
adopt or amend institutional policies to incorporate the
rights and obligations set forth in this Section, in
consultation with recognized faculty governance bodies and, if
applicable, collective bargaining representatives.
(f) A faculty member, academic unit, or recognized faculty
organization aggrieved by a violation of this Section may
bring a civil action in the circuit court of any county in
which the public institution of higher education is located
for injunctive relief, damages, reinstatement, or reasonable
attorney's fees.
(g) This Section does not prohibit the imposition of
discipline for harassment, threats, or intimidation.
(h) This Section does not prohibit an institution from
adopting rules that are designed to prevent hate or violence
from being directed at students in a manner that denies them

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their full participation in the educational process, so long
as the rules conform to standards established by the First
Amendment of the United States Constitution.
Section 10. The Board of Higher Education Act is amended
by adding Sections 9.47 and 9.48 as follows:
(110 ILCS 205/9.47 new)
Sec. 9.47. Academic freedom of speech policies; public
institutions.
(a) No later than one year after the effective date of this
amendatory Act of the 104th General Assembly, the Board shall
adopt rules requiring the Board of Trustees of the University
of Illinois, the Board of Trustees of Southern Illinois
University, the Board of Trustees of Chicago State University,
the Board of Trustees of Eastern Illinois University, the
Board of Trustees of Governors State University, the Board of
Trustees of Illinois State University, the Board of Trustees
of Northeastern Illinois University, the Board of Trustees of
Northern Illinois University, and the Board of Trustees of
Western Illinois University to adopt policies protecting
academic freedom of speech. Such policies shall include, but
shall not be limited to, all of the following:
(1) Provisions affording the right of faculty members
and students to freely discuss the subject matter of
teaching material without fear of discipline, up to and

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including termination of a faculty member.
(2) Provisions affording faculty members and students
full freedom in research and in the publication of the
results of that research without fear of discipline, up to
and including termination of a faculty member.
(3) Provisions affirming the right of faculty members
to publicly or privately express views on university
policies, practices, governance, or administration without
fear of discipline, up to and including termination.
Expression on such matters constitutes speech on issues of
public concern, and public universities must not retaliate
against faculty members for engaging in such speech as
part of their role as public intellectuals, educators, or
citizens.
(4) Provisions affirming the right of employees to (i)
attend a political rally or public demonstration, as long
as the employees are not on duty, or (ii) write or publicly
comment on political issues or related topics, as long as
the employees are not on duty, without fear of discipline,
up to and including termination.
(b) This Section does not prohibit the imposition of
discipline for harassment, threats, or intimidation.
(c) This Section does not prohibit an institution from
adopting rules that are designed to prevent hate or violence
from being directed at students in a manner that denies them
their full participation in the educational process, so long

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as the rules conform to standards established by the First
Amendment of the United States Constitution.
(110 ILCS 205/9.48 new)
Sec. 9.48. Academic freedom of speech plans; private
institutions.
(a) No later than one year after the effective date of this
amendatory Act of the 104th General Assembly, the Board shall
adopt and enforce rules requiring private institutions of
higher education to develop and implement plans related to
academic freedom of speech within a reasonable deadline as
established by the Board. Such plans shall include, but shall
not be limited to, all of the following:
(1) Provisions affording the right of faculty members
and students to freely discuss the subject matter of
teaching material without fear of discipline, up to and
including termination of a faculty member.
(2) Provisions affording faculty members and students
full freedom in research and in the publication of the
results of that research without fear of discipline, up to
and including termination of a faculty member.
(3) Provisions affirming the right of faculty members
to publicly or privately express views on institutional
policies, practices, governance, or administration without
fear of discipline, up to and including termination.
Expression on such matters constitutes speech on issues of

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public concern, and institutions must not retaliate
against faculty members for engaging in such speech as
part of their role as public intellectuals, educators, or
citizens.
(4) Provisions affirming the right of employees to (i)
attend a political rally or public demonstration, as long
as the employees are not on duty, or (ii) write or publicly
comment on political issues or related topics, as long as
the employees are not on duty, without fear of discipline,
up to and including termination.
(b) This Section does not prohibit the imposition of
discipline for harassment, threats, or intimidation.
(c) This Section does not prohibit an institution from
adopting rules that are designed to prevent hate or violence
from being directed at students in a manner that denies them
their full participation in the educational process, so long
as the rules conform to standards established by the First
Amendment of the United States Constitution.
(d) This Section does not apply to a private postsecondary
educational institution that is controlled by a religious
organization to the extent that the application of this
Section is inconsistent with the religious tenets of that
organization.
Section 15. The Public Community College Act is amended by
changing Section 2-12 and by adding Section 3-22.4 as follows:

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(110 ILCS 805/2-12) (from Ch. 122, par. 102-12)
Sec. 2-12. The State Board shall have the power and it
shall be its duty:
(a) To provide statewide planning for community
colleges as institutions of higher education and to
coordinate the programs, services and activities of all
community colleges in the State so as to encourage and
establish a system of locally initiated and administered
comprehensive community colleges.
(b) To organize and conduct feasibility surveys for
new community colleges or for the inclusion of existing
institutions as community colleges and the locating of new
institutions.
(c) (Blank).
(c-5) In collaboration with the community colleges, to
furnish information for State and federal accountability
purposes, promote student and institutional improvement,
and meet research needs.
(d) To cooperate with the community colleges in
collecting and maintaining student characteristics,
enrollment and completion data, faculty and staff
characteristics, financial data, admission standards,
facility data, and any other issues facing community
colleges.
(e) To enter into contracts with other governmental

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agencies and eligible providers, such as local educational
agencies, community-based organizations of demonstrated
effectiveness, volunteer literacy organizations of
demonstrated effectiveness, institutions of higher
education, public and private nonprofit agencies,
libraries, and public housing authorities; to accept
federal funds and to plan with other State agencies when
appropriate for the allocation of such federal funds for
instructional programs and student services including such
funds for adult education and literacy, vocational and
career and technical education, and retraining as may be
allocated by state and federal agencies for the aid of
community colleges. To receive, receipt for, hold in
trust, expend and administer, for all purposes of this
Act, funds and other aid made available by the federal
government or by other agencies public or private, subject
to appropriation by the General Assembly. The changes to
this subdivision (e) made by Public Act 91-830 apply on
and after July 1, 2001.
(f) To determine efficient and adequate standards for
community colleges for the physical plant, heating,
lighting, ventilation, sanitation, safety, equipment and
supplies, instruction and teaching, curriculum, library,
operation, maintenance, and administration and
supervision.
(g) To determine the standards for establishment of

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community colleges and the proper location of the site in
relation to existing institutions of higher education
offering academic, occupational and technical training
curricula, possible enrollment, assessed valuation,
industrial, business, agricultural, and other conditions
reflecting educational needs in the area to be served;
however, no community college may be considered as being
recognized nor may the establishment of any community
college be authorized in any district which shall be
deemed inadequate for the maintenance, in accordance with
the desirable standards thus determined, of a community
college offering the basic subjects of general education
and suitable vocational and semiprofessional and technical
curricula.
(h) To approve or disapprove new units of instruction,
research or public service as defined in Section 3-25.1 of
this Act submitted by the boards of trustees of the
respective community college districts of this State. The
State Board may discontinue programs which fail to reflect
the educational needs of the area being served. The
community college district shall be granted 60 days
following the State Board staff recommendation and prior
to the State Board's action to respond to concerns
regarding the program in question. If the State Board acts
to abolish a community college program, the community
college district has a right to appeal the decision in

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accordance with administrative rules promulgated by the
State Board under the provisions of the Illinois
Administrative Procedure Act.
(i) To review and approve or disapprove any contract
or agreement that community colleges enter into with any
organization, association, educational institution, or
government agency to provide educational services for
academic credit. The State Board is authorized to monitor
performance under any contract or agreement that is
approved by the State Board. If the State Board does not
approve a particular contract or agreement, the community
college district has a right to appeal the decision in
accordance with administrative rules promulgated by the
State Board under the provisions of the Illinois
Administrative Procedure Act. Nothing in this subdivision
(i) shall be interpreted as applying to collective
bargaining agreements with any labor organization.
(j) To establish guidelines regarding sabbatical
leaves.
(k) (Blank).
(l) (Blank).
(m) (Blank).
(n) To create and participate in the conduct and
operation of any corporation, joint venture, partnership,
association, or other organizational entity that has the
power: (i) to acquire land, buildings, and other capital

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equipment for the use and benefit of the community
colleges or their students; (ii) to accept gifts and make
grants for the use and benefit of the community colleges
or their students; (iii) to aid in the instruction and
education of students of community colleges; and (iv) to
promote activities to acquaint members of the community
with the facilities of the various community colleges.
(o) To ensure the effective teaching of adult learners
and to prepare them for success in employment and lifelong
learning by administering a network of providers,
programs, and services to provide classes for the
instruction of those individuals who (i) are 16 years of
age or older, are not enrolled or required to be enrolled
in a secondary school under State law, and are
basic-skills deficient, (ii) do not have a secondary
school diploma or its recognized equivalent and have not
achieved an equivalent level of education, or (iii) are an
English language learner. Classes in adult education may
include adult basic education, adult secondary and high
school equivalency testing education, high school credit,
literacy, English language acquisition, integrated
education and training in coordination with vocational
skills training, and any other instruction designed to
prepare adult students to function successfully in society
and to experience success in postsecondary education and
employment.

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(p) To supervise the administration of adult education
and literacy programs, to establish the standards for such
courses of instruction and supervise the administration
thereof, to contract with other State and local agencies
and eligible providers of demonstrated effectiveness, such
as local educational agencies, community-based
organizations, volunteer literacy organizations,
institutions of higher education, public and private
nonprofit agencies, libraries, public housing authorities,
and nonprofit institutions for the purpose of promoting
and establishing classes for instruction under these
programs, to contract with other State and local agencies
to accept and expend appropriations for educational
purposes to reimburse local eligible providers for the
cost of these programs, and to establish an advisory
council consisting of all categories of eligible
providers; agency partners, such as the State Board of
Education, the Department of Human Services, the
Department of Employment Security, the Department of
Commerce and Economic Opportunity, and the Secretary of
State literacy program; and other stakeholders to
identify, deliberate, and make recommendations to the
State Board on adult education policy and priorities. The
State Board shall support statewide geographic
distribution; diversity of eligible providers; and the
adequacy, stability, and predictability of funding so as

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not to disrupt or diminish, but rather to enhance, adult
education and literacy services.
(q) No later than one year after the effective date of
this amendatory Act of the 104th General Assembly, to
adopt and enforce rules that ensure that all faculty
members of a community college are entitled to freedom in
the classroom in discussing their subject, including
ensuring that such faculty members have the right to
introduce into their teaching matters related to the
faculty members' subject or the education of their
students in that subject within the discourse of the
faculty members' discipline. Such freedom shall be
extended within the confines of course outcomes, degree or
program requirements, and accreditation requirements.
(r) No later than one year after the effective date of
this amendatory Act of the 104th General Assembly, to
adopt and enforce rules that ensure that faculty members
and students at a community college are entitled to full
freedom in research and in the publication of the results
of that research.
(Source: P.A. 103-940, eff. 8-9-24.)
(110 ILCS 805/3-22.4 new)
Sec. 3-22.4. Academic freedom of speech.
(a) No later than one year after the effective date of this
amendatory Act of the 104th General Assembly, to adopt and

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enforce all necessary rules that are at least as stringent as
those established by the State Board pursuant to subsections
(q) and (r) of Section 2-12 to ensure that:
(1) all faculty members are entitled to freedom in the
classroom in discussing their subject, including ensuring
that such faculty members have the right to introduce into
their teaching matters related to the faculty members'
subject or the education of their students in that subject
within the discourse of the faculty members' discipline;
such freedom shall be extended within the confines of
course outcomes, degree or program requirements, and
accreditation requirements;
(2) all faculty members and students are entitled to
full freedom in research and in the publication of the
results of that research;
(3) all faculty members are entitled to publicly or
privately express views on community college policies,
practices, governance, or administration without fear of
discipline, up to and including termination. Expression on
such matters constitutes speech on issues of public
concern, and community colleges must not retaliate against
faculty members for engaging in such speech as part of
their role as public intellectuals, educators, or
citizens; and
(4) all employees are entitled to (i) attend a
political rally or public demonstration, as long as the

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employees are not on duty, or (ii) write or publicly
comment on political issues or related topics, as long as
the employees are not on duty, without fear of discipline,
up to and including termination.
(b) This Section does not prohibit the imposition of
discipline for harassment, threats, or intimidation.
(c) This Section does not prohibit an institution from
adopting rules that are designed to prevent hate violence from
being directed at students in a manner that denies them their
full participation in the educational process, so long as the
rules conform to standards established by the First Amendment
of the United States Constitution.".