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_006.html

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Sen. Graciela Guzm�n

Filed: 5/28/2026

 

 

 

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AMENDMENT TO SENATE BILL 2202
AMENDMENT NO. ______. Amend Senate Bill 2202, AS AMENDED,
by replacing everything after the enacting clause with the
following:
"Section 1. References to Act. This Act may be referred to
as the Academic Freedom of Expression Act.
Section 3. Findings and encouragement.
(a) The General Assembly finds that:
(1) Institutions of higher education are essential
forums for the open exchange of ideas that foster the free
search for truth, robust debate, and innovation, which
benefits this State and supports the tenets of a thriving
democracy. Academic freedom is indispensable to this
mission and therefore warrants statutory protection.
(2) Academic freedom serves not only individual
interests but also the broader public interest by

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safeguarding the independence and integrity of teaching,
learning, and scholarship, which are vital to the economic
and cultural well-being of the State.
(3) Students benefit when this State affirms core
principles, including free inquiry, content-neutral and
viewpoint-neutral access to programs and activities,
safety, nondiscrimination, and academic excellence.
Institutions of higher education benefit when this State
provides clear, workable standards that align with current
federal and State law and when institutions are not
subjected to expansive or uncertain liability due to their
good-faith efforts at substantial compliance.
(4) This State has an interest in ensuring the
exercise of academic freedom so that institutions of
higher education are not threatened through undue
influence by external pressures, including actions by
public officials or governmental bodies that seek to
influence or restrict teaching, research, or expression.
Such actions undermine the mission of higher education and
are contrary to the public interest.
(b) The General Assembly encourages the governing board of
each post-secondary educational institution, as defined in the
Private College Act, to adopt or amend institutional policies
that incorporate, at a minimum, the academic freedoms, rights,
and obligations for public institutions of higher education
set forth in Section 8 of the Public Higher Education Act. The

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General Assembly further encourages each private
post-secondary educational institution to make the
institution's policies on academic freedom, if applicable,
publicly available on the institution's website.
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) As used in this Section:
"Harassment" means unwelcome conduct based on a protected
category that is so severe, pervasive, and objectively
offensive that it effectively denies a person equal access to
a public institution of higher education's educational
programs or activities, consistent with applicable federal and
State law.
"Hate crime" has the meaning given to that term in Section
12-7.1 of the Criminal Code of 2012.
"Intimidation" means a course of conduct directed at a
particular individual or group that would cause a reasonable
person to fear for their physical safety or the physical
safety of others and that is not protected by the First
Amendment to the Constitution of the United States, consistent
with applicable federal and State law.
"Public institution of higher education" has the meaning

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given to that term in Section 5 of this Act. "Public
institution of higher education" does not include laboratory
schools, as defined in Section 18-8.15 of the School Code.
"Retaliation" means intimidation, threats, coercion, or
discrimination against any person for the purpose of
interfering with any right under this Act or due to the person
reporting information, making a complaint, testifying,
assisting, participating, or refusing to participate in an
investigation, proceeding, or hearing regarding an alleged
violation of this Act, including in an informal resolution
process or in institutional grievance procedures.
"Threat" means a statement or course of conduct made with
knowledge or reckless disregard that a reasonable person would
interpret the statement or course of conduct as a serious
expression of intent to commit an act of unlawful violence
against a particular individual or group, consistent with
applicable federal and State law.
(b) Every faculty member of a public institution of higher
education has the right to all of the following, without fear
of retaliation by the institution or discipline up to and
including termination:
(1) Freedom in teaching, including the right to select
pedagogical methods, course materials, and forms of
assessment and to present and freely discuss the subject
matter of course material, as long as such methods,
materials, forms of assessment, and discussions are

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reasonably germane to the faculty member's field or fields
of study or assigned instructional responsibilities and
conducted consistent with published lawful institutional
policies and standards of the discipline. Non-germane
speech must not comprise a substantial portion of
classroom instruction.
(2) Freedom in research, including the right to
pursue, produce, publish, and disseminate
scholarship-related research, subject only to professional
ethics standards, published lawful institutional policies,
institutional responsibilities, contractual obligations,
and applicable laws and regulatory requirements governing
research activities.
(3) Freedom of expression, where the faculty member is
acting in an individual capacity and does not purport to
represent the views of the institution unless the faculty
member is authorized to do so, on matters of public
concern, including the right to comment on institutional,
local, State, or federal policies, practices, governance,
or administration. This freedom shall be exercised in a
manner consistent with applicable federal and State law.
(4) Freedom to attend a political rally or public
demonstration, as long as the faculty member is not absent
from class or other official responsibilities, and to
write or publicly comment on political issues or related
topics, as long as the faculty member is acting in an

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individual capacity outside the scope of their assigned
institutional duties and without the use of institutional
resources, consistent with applicable federal and State
law and published lawful institutional policies.
Nothing in this Section shall be construed to create an
inconsistent or unequal application of lawful institutional
policies governing expressive activity among faculty, staff,
or other employees of the public institution of higher
education, except as necessary to account for differences in
assigned institutional responsibilities.
(c) Every student of a public institution of higher
education has the freedom or right to all of the following,
without fear of retaliation by the institution or discipline:
(1) Freedom to freely discuss the subject matter of
teaching material in the classroom, as long as such
discussion is relevant to the course content, conducted
consistent with published lawful institutional policies,
and in conformity with the class management expectations
established for the applicable class.
(2) Freedom in research, including the right to
pursue, produce, publish, and disseminate
scholarship-related research, subject only to applicable
ethics standards, published lawful institutional policies,
contractual obligations, and laws and regulatory
requirements governing research activities.
(3) Freedom of expression on matters of public

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concern, including the right to comment on institutional,
local, State, or federal policies, practices, governance,
or administration. This freedom shall be exercised in a
manner consistent with published lawful institutional
policies and applicable federal and State law.
(4) Freedom to attend a political rally or public
demonstration and to write or publicly comment on
political issues or related topics, consistent with
applicable federal and State law and published lawful
institutional policies.
(5) Freedom to engage in lawful, peaceful protest in
the generally accessible and open outdoor areas of campus,
subject to any reasonable content-neutral and
viewpoint-neutral time, place, and manner restrictions
that are in furtherance of a significant institutional
interest and that leave ample alternative means of
expression, including restrictions that prevent conduct
that is unlawful or conduct that intentionally,
materially, and substantially disrupts the functioning of
the institution.
(d) 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;

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(2) limit compliance with federal or State civil
rights, health and safety, or fiduciary laws;
(3) supersede any valid collective bargaining
agreement provisions that afford equal or greater
protection;
(4) limit the authority of an institution to regulate
the speech or expressive conduct of faculty, staff, or
students to the extent permitted under federal or State
law and published lawful institutional policies, including
through any reasonable content-neutral and
viewpoint-neutral time, place, and manner restrictions
that are in furtherance of a significant institutional
interest and that leave ample alternative means of
expression, and the regulation of speech in nonpublic
forums;
(5) restrict an institution's ability to clarify that
speech or expression by faculty, staff, or students is
undertaken in an individual capacity and does not
represent the views of the institution unless the faculty,
staff, or students were expressly authorized by the
institution to speak on the institution's behalf;
(6) prohibit an institution from adopting and
enforcing published policies addressing unlawful
harassment, discrimination, threats, intimidation, hate
crimes, or conduct that intentionally, materially, and
substantially disrupts the functioning of the institution

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or that interferes with the rights of others to
participate in or benefit from institutional programs or
activities, consistent with federal and State law;
(7) limit an institution's ability to publicly comment
on any speech or expressive conduct of faculty, staff, or
students that is inconsistent with the institution's
mission or values; or
(8) impose obligations that would cause an institution
to violate applicable federal or State law, including any
federal civil rights requirements.
(e) No State officer or employee, member of a State
governing or coordinating board, or institutional
administrator may retaliate against or discipline any faculty
member of a public institution of higher education for the
specific content of, viewpoints presented in, or method of the
faculty member's teaching or scholarship, except as necessary
to ensure that a faculty member's teaching or scholarship is
reasonably germane to the faculty member's field or fields of
study or assigned instructional responsibilities and that
non-germane speech does not comprise a substantial portion of
classroom instruction or to comply with applicable federal or
State law.
(f) The governing board of each public institution of
higher education shall, by July 1, 2027, adopt or amend
institutional policies to incorporate, at a minimum, the
rights and obligations set forth in this amendatory Act of the

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104th General Assembly, in consultation with recognized
faculty governing bodies and, if applicable, collective
bargaining representatives.
Each public institution of higher education shall make the
institution's policies on academic freedom publicly available
on the institution's website by July 1, 2027 and within 60 days
after any subsequent revisions to the policy.
Each public institution of higher education shall submit
the institution's policies on academic freedom to the Illinois
Community College Board or the Board of Higher Education,
whichever is applicable, by July 1, 2027 and within 60 days
after any subsequent revisions to the policy. The Illinois
Community College Board and the Board of Higher Education
shall make the policies received from each institution under
this subsection (f) publicly available on their respective
websites by January 1, 2028 and within 60 days after any
subsequent revisions to the policy. The Illinois Community
College Board and the Board of Higher Education shall each
submit to the General Assembly a report compiling the policies
received from each institution under this subsection (f) by
January 1, 2028.
(g) Alleged violations of this Section shall first be
addressed through a public institution of higher education's
established grievance or administrative review procedures or
applicable collective bargaining agreements. A faculty member
or student of an institution at the time that the institution

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has made or enforced any rule in violation of this Section may
commence a civil action to obtain appropriate injunctive and
declaratory relief as determined by a court if the faculty
member or student has first exhausted applicable institutional
grievance or administrative review procedures or remedies
available under any applicable collective bargaining
agreement. Upon motion, the court may award reasonable
attorney's fees and costs, including expert witness fees and
other litigation expenses, to a prevailing plaintiff in a
civil action brought under this Section.
Nothing in this Section shall be construed to create a
private right of action for damages against an institution.
(h) The initiation of a disciplinary process or the filing
of a complaint against a person constitutes retaliation under
this Section only if the initiation or filing was done for the
purpose of interfering with the person's rights under this Act
or was due to the person reporting information, making a
complaint, testifying, assisting, or participating in an
investigation, proceeding, or hearing regarding an alleged
violation of this Act, and the institution lacks a reason for
the initiation or filing that is not a pretext for
retaliation.
An adverse action or adverse change in a faculty member's
employment status or the terms and conditions of the faculty
member's employment may constitute retaliation under this
Section when the adverse action or adverse change results from

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the faculty member's protected activity under this Act. An
adverse action or adverse change in a faculty member's
employment status or the terms and conditions of the faculty
member's employment may include, but is not limited to, the
following:
(1) frequent and undesirable office changes;
(2) refusal to assign meaningful work;
(3) unsubstantiated letters of reprimand or
unsatisfactory performance evaluations;
(4) demotion;
(5) reduction in pay;
(6) denial of promotion;
(7) transfer or reassignment;
(8) suspension or dismissal; or
(9) other disciplinary actions made because of the
faculty member's protected activity under this Act.
An adverse action against a student may constitute
retaliation under this Section when the adverse action results
from the student's protected activity under this Act. An
adverse action against a student may include, but is not
limited to, the following:
(1) failing grades;
(2) prevention from participating in school
activities;
(3) expulsion or the threat of expulsion; or
(4) other disciplinary actions made because of the

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student's protected activity under this Act.
Nothing in this Section prohibits a public institution of
higher education from requiring a person to participate as a
witness in, or otherwise assist with, an investigation,
proceeding, or hearing under this Act or applicable federal or
State law.
(i) This Section shall be construed in accordance with,
and not in conflict with, applicable federal and State law,
including, but not limited to, Title VI of the federal Civil
Rights Act of 1964, Title IX of the federal Education
Amendments of 1972, the federal Jeanne Clery Disclosure of
Campus Security Policy and Campus Crime Statistics Act, the
federal Family Educational Rights and Privacy Act of 1974, the
federal Americans with Disabilities Act of 1990, Section 504
of the federal Rehabilitation Act of 1973, and the Illinois
Human Rights Act.
Section 15. The Public Community College Act is amended by
changing Section 2-15 as follows:
(110 ILCS 805/2-15) (from Ch. 122, par. 102-15)
Sec. 2-15. Recognition. The State Board shall grant
recognition to community colleges which maintain equipment,
courses of study, standards of scholarship and other
requirements set by the State Board. Application for
recognition shall be made to the State Board. The State Board

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shall set the criteria by which the community colleges shall
be judged and through the executive officer of the State Board
shall arrange for an official evaluation of the community
colleges and shall grant recognition of such community
colleges as may meet the required standards.
Recognition shall include a review of a community
college's compliance with Section 8 of the Public Higher
Education Act. Recognition shall also include a review of
compliance with Section 3-65 of this Act and other applicable
State and federal laws regarding employment contracts and
compensation. Annually, the State Board shall convene an
advisory committee to review the findings and make
recommendations for changes or additions to the laws or the
review procedures.
If a community college district fails to meet the
recognition standards set by the State Board, and if the
district, in accordance with: (a) generally accepted
Government Auditing Standards issued by the Comptroller
General of the United States, (b) auditing standards
established by the American Institute of Certified Public
Accountants, or (c) other applicable State and federal
standards, is found by the district's auditor or the State
Board working in cooperation with the district's auditor to
have material deficiencies in the design or operation of
financial control structures that could adversely affect the
district's financial integrity and stability, or is found to

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have misused State or federal funds and jeopardized its
participation in State or federal programs, the State Board
may, notwithstanding any laws to the contrary, implement one
or more of the following emergency powers:
(1) To direct the district to develop and implement a
plan that addresses the budgetary, programmatic, and other
relevant factors contributing to the need to implement
emergency measures. The State Board shall assist in the
development and shall have final approval of the plan.
(2) To direct the district to contract for educational
services in accordance with Section 3-40. The State Board
shall assist in the development and shall have final
approval of any such contractual agreements.
(3) To approve and require revisions of the district's
budget.
(4) To appoint a Financial Administrator to exercise
oversight and control over the district's budget. The
Financial Administrator shall serve at the pleasure of the
State Board and may be an individual, partnership,
corporation, including an accounting firm, or other entity
determined by the State Board to be qualified to serve,
and shall be entitled to compensation. Such compensation
shall be provided through specific appropriations made to
the State Board for that express purpose.
(5) To develop and implement a plan providing for the
dissolution or reorganization of the district if in the

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judgment of the State Board the circumstances so require.
All local funds under the control of the State Board as a
result of the dissolution or reorganization of the
district shall be expended by the State Board for purposes
of providing educational services in the territory from
which those local funds were acquired.
(Source: P.A. 103-940, eff. 8-9-24.)".