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| Public Act 103-0288
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| HB2041 Enrolled | LRB103 04933 RJT 49943 b |
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AN ACT concerning education.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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(30 ILCS 105/5.719 rep.) |
Section 5. The State Finance Act is amended by repealing |
Section 5.719.
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Section 15. The Higher Education Housing and Opportunities |
Act is amended by changing Section 5 as follows:
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(110 ILCS 131/5)
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Sec. 5. Definitions. As used in this Act: |
"Institution of higher education" or "institution" means |
any publicly or privately operated university, college, |
community college, business, technical, or vocational school, |
or other educational institution in this State offering |
degrees and instruction beyond the secondary school level. |
"Student experiencing homelessness" or "homeless student" |
means an individual enrolled in an institution who lacks or is |
at imminent risk of lacking a fixed, regular, and adequate |
nighttime residence or whose parent or legal guardian is |
unable or unwilling to provide shelter and care and includes a |
homeless individual as defined under the federal |
McKinney-Vento Homeless Assistance Act. For the purposes of |
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this definition, the term "fixed, regular, and adequate |
nighttime residence" does not include residence in an |
institution of higher education's on-campus housing. |
"Student in care" means any person, regardless of age, who |
is or was under the care and legal custody of the Department of |
Children and Family Services, including youth for whom the |
Department has court-ordered legal responsibility, youth who |
aged out of care at age 18 or older, or youth formerly under |
care who have been adopted and were the subject of an adoption |
assistance agreement or who have been placed in private |
guardianship and were the subject of a subsidized guardianship |
agreement.
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(Source: P.A. 102-83, eff. 8-1-22.)
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Section 20. The Preventing Sexual Violence in Higher |
Education Act is amended by changing Section 35 as follows:
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(110 ILCS 155/35) |
Sec. 35. Sexual misconduct climate survey. |
(a) As used in this Section: |
"Base survey" means a base set of common questions |
recommended by the Task Force on Campus Sexual Misconduct |
Climate Surveys and approved by the Executive Director of the |
Board of Higher Education. |
"Student" means a person who is enrolled in a public or |
private degree-granting, post-secondary higher education |
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institution, whether part-time, full-time, or as an extension |
student, including any person who has taken a leave of absence |
or who has withdrawn from the higher education institution due |
to being a victim of sexual misconduct. |
"Trauma informed" means an understanding of the |
complexities of sexual violence, domestic violence, dating |
violence, or stalking through training centered on the |
neurobiological impact of trauma, the influence of societal |
myths and stereotypes surrounding sexual violence, domestic |
violence, dating violence, or stalking, and understanding the |
behavior of perpetrators. |
(b) Each higher education institution shall annually |
conduct a sexual misconduct climate survey of all students at |
the institution. Each higher education institution's sexual |
misconduct climate survey shall include the base survey, which |
the Board of Higher Education or Illinois Community College |
Board, whichever is applicable, shall provide to the |
institution every 2 years. Each institution may append its own |
campus-specific questions to the base survey if questions do |
not require the disclosure of any personally identifying |
information by the students and are trauma informed. The Board |
of Higher Education and Illinois Community College Board, in |
consultation with the Office of the Attorney General, as |
necessary, shall review any complaints submitted by students |
who believe that questions included in the campus sexual |
misconduct climate survey are traumatizing. Within 120 days |
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after completion of a sexual misconduct climate survey, but no |
later than one year after the Board of Higher Education or |
Illinois Community College Board, whichever is applicable, |
issued the last base survey, each institution shall compile a |
summary of the results of the sexual misconduct climate |
survey, including, but not limited to, the complete aggregated |
results for each base survey question, and shall submit the |
summary to the Board of Higher Education or Illinois Community |
College Board, as well as publish the summary on the |
institution's website in an easily accessible manner. |
(c) The Task Force on Campus Sexual Misconduct Climate |
Surveys is created. The Task Force shall consist of the |
following members: |
(1) the Executive Director of the Board of Higher |
Education or a designee, who shall serve as chairperson; |
(2) the Governor or a designee; |
(3) one member of the Senate, appointed by the |
President of the Senate; |
(4) one member of the House of Representatives, |
appointed by the Speaker of the House of Representatives; |
(5) one member of the Senate, appointed by the |
Minority Leader of the Senate; |
(6) one member of the House of Representatives, |
appointed by the Minority Leader of the House of |
Representatives; |
(7) the Attorney General or a designee; |
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(8) the Director of Public Health or a designee; and |
(9) the following members appointed by the Governor: |
(A) one member who is a student attending a public |
higher education institution in Illinois; |
(B) one member who is a student attending a |
private higher education institution in Illinois; |
(C) one member who is a student attending a |
community college in Illinois; |
(D) one member who is a representative of the |
University of Illinois recommended by the president of |
the university; |
(E) one member who is a representative of the |
Illinois Community College Board; |
(F) one member who is a representative of private |
colleges and universities recommended by the |
Federation of Independent Illinois Colleges and |
Universities; |
(G) 3 members who are representatives of survivors |
of sexual assault recommended by the Illinois |
Coalition Against Sexual Assault, with one |
specifically representing survivors in rural |
communities and one specifically representing |
survivors in urban communities; |
(H) one member who is a representative of a |
non-profit legal services organization that provides |
legal representation to victims of campus sexual |
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assault in Illinois; |
(I) one member who is a representative recommended |
by the Illinois Coalition Against Domestic Violence; |
(J) one member who is a representative recommended |
by Equality Illinois; |
(K) one member who is a representative of an |
immigrant rights advocacy organization; |
(L) one member who is a representative recommended |
by the Every Voice Coalition or any successor |
organization of the Every Voice Coalition; |
(M) one member who is a researcher with experience |
in the development and design of sexual misconduct |
climate surveys; and |
(N) one member who is a researcher of statistics, |
data analytics, or econometrics with experience in |
higher education survey analysis. |
The Task Force shall hold its first meeting as soon as |
practicable after the effective date of this amendatory Act of |
the 102nd General Assembly. Administrative and other support |
for the Task Force shall be provided by the Board of Higher |
Education. Members of the Task Force shall serve 2-year terms |
that commence on the date of appointment. Members shall |
continue to serve until their successors are appointed. Any |
vacancy shall be filled by the appointing authority. Any |
vacancy occurring other than by expiration of the term shall |
be filled for the balance of the unexpired term. A majority of |
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the Task Force shall constitute a quorum for the transaction |
of any business. |
Members of the Task Force shall serve without compensation |
but shall be reimbursed for expenses necessarily incurred in |
the performance of their duties if funds are available. |
However, the higher education institution in which a student |
member is enrolled may compensate that student for |
participating on the Task Force through a work-study program |
or by providing a stipend to support the work of the student |
member on the Task Force. |
(d) The Task Force shall develop and recommend to the |
Board of Higher Education and Illinois Community College Board |
the base survey for distribution to higher education |
institutions and provide the Board of Higher Education and |
Illinois Community College Board with any related |
recommendations regarding the content, timing, and application |
of the base survey. The Task Force shall deliver the base |
survey and related recommendations, including, but not limited |
to, recommendations on achieving statistically valid response |
rates, to the Board of Higher Education and Illinois Community |
College Board no less often than every 2 years and for the |
first time on or before July 31, 2023 July 31, 2022. |
Thereafter, the Task Force shall meet in the year 2025 2024 and |
in the year 2027 2026 to review the results of the survey and |
to implement updates and improvements. The Task Force is |
dissolved after the completion of the 2027 2026 base survey. |
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After the dissolution of the Task Force, the Executive |
Director of the Board of Higher Education or a designee shall |
review the base survey every 2 years to consider any feedback |
that has been received and to implement improvements. |
(e) In developing the base survey, the Task Force shall: |
(1) utilize best practices from peer-reviewed research
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and consult with individuals with expertise in the |
development and use of sexual misconduct climate surveys |
by higher education institutions; |
(2) review sexual misconduct climate surveys that have |
been developed and previously utilized by higher education |
institutions in Illinois and by other states that mandate |
campus climate surveys; |
(3) provide opportunities for written comment from |
survivors and organizations that work directly with |
survivors of sexual misconduct to ensure the adequacy and |
appropriateness of the proposed content; |
(4) consult with institutions on strategies for |
optimizing the effectiveness of the survey; |
(5) account for the diverse needs and differences of |
higher education institutions; and |
(6) review the base survey to ensure that the strategy |
for gathering information is trauma informed. |
(f) The base survey shall gather information on topics, |
including, but not limited to: |
(1) the number and type of incidents, both reported to |
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the higher education institution and unreported to the |
higher education institution, of sexual misconduct at the |
higher education institution; |
(2) when and where incidents of sexual misconduct |
occurred, such as on campus, off campus, abroad, or |
online; |
(3) student awareness of institutional policies and |
procedures related to campus sexual misconduct; |
(4) whether a student reported the sexual misconduct |
to the higher education institution and, if so, to which |
campus resource such report was made and, if not, the |
reason for the student's decision not to report; |
(5) whether a student reported the sexual misconduct |
to law enforcement and, if so, to which law enforcement |
agency such report was made; |
(6) whether a student was informed of or referred to |
local, State, campus, or other resources or victim support |
services, including appropriate medical care, advocacy, |
counseling, and legal services; |
(7) whether a student was provided information |
regarding his or her right to protection from retaliation, |
access to school-based accommodations, and criminal |
justice remedies; |
(8) contextual factors, such as the involvement of |
force, incapacitation, coercion, or drug or alcohol |
facilitation; |
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(9) demographic information that could be used to |
identify at-risk groups, including, but not limited to, |
gender, race, immigration status, national origin, |
ethnicity, disability status, sexual orientation, and |
gender identity; |
(10) perceptions of campus safety among members of the |
campus community and confidence in the institution's |
ability to protect against and respond to incidents of |
sexual misconduct; |
(11) whether the student has chosen to withdraw or has |
taken a leave of absence from the institution or |
transferred to another institution; |
(12) whether the student has withdrawn from any |
classes or has been placed on academic probation as a |
result of the incident; and |
(13) other questions as determined by the Task Force. |
All questions on the base survey shall be optional or shall |
offer the student the option to select "I prefer not to answer" |
as a response on the survey. |
(g) The sexual misconduct climate survey shall collect
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anonymous responses and shall not provide for the public |
disclosure of any personally identifying information. No |
institution may use or attempt to use information collected |
through the sexual misconduct climate survey to identify or |
contact any individual student on campus, nor shall the |
results of the survey be used as the basis for any type of |
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investigation or disciplinary or legal proceeding. |
(h) There shall be established within the Office of the |
Board of Higher Education and the Office of the Illinois |
Community College Board a data repository for all summaries of |
sexual misconduct climate surveys submitted by higher |
education institutions to the Board of Higher Education or |
Illinois Community College Board in accordance with subsection |
(b). The Board of Higher Education and Illinois Community |
College Board shall ensure that the sexual misconduct climate |
survey data submitted by all applicable institutions is |
available to the public in an easily accessible manner on the |
Board of Higher Education's or Illinois Community College |
Board's website. |
(i) Each higher education institution shall publish on the |
institution's website in an easily accessible manner: |
(1) the campus level results of the survey; |
(2) the annual security report required under the |
federal Jeanne Clery Disclosure of Campus Security Policy |
and Campus Crime Statistics Act; |
(3) the reports required under Section 9.21 of the |
Board of Higher Education Act; and |
(4) a link to the Board of Higher Education's and |
Illinois Community College Board's statewide data on |
sexual misconduct climate survey data as set forth in |
subsection (h). |
(j) The Board of Higher Education and Illinois Community |
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College Board shall establish rules and procedures, including |
deadlines for dissemination and collection of survey |
information, consistent with the purposes of this Section and |
shall promote effective solicitation to achieve the highest |
practical response rate, collection, and publication of |
statistical information gathered from higher education |
institutions. |
(k) Upon determination, after reasonable notice and |
opportunity for a hearing, that a higher education institution |
has violated or failed to carry out any provision of this |
Section or any rule adopted under this Section, the Board of |
Higher Education or Illinois Community College Board, |
whichever is applicable, may impose a civil penalty upon such |
institution not to exceed $50,000, which shall be adjusted for |
inflation annually, for each violation. The Board of Higher |
Education and Illinois Community College Board shall use any |
such civil penalty funds to provide oversight of this Section |
and to provide funding to community organizations that provide |
services to sexual assault victims. The Attorney General may |
bring an action in the circuit court to enforce the collection |
of any monetary penalty imposed under this subsection (k).
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(Source: P.A. 102-325, eff. 8-6-21.)
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Section 25. The Board of Higher Education Act is amended |
by changing Sections 3 and 9.29 as follows:
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(110 ILCS 205/3) (from Ch. 144, par. 183)
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Sec. 3. Terms; vacancies.
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(a) The members of the Board whose appointments are |
subject to
confirmation by the Senate shall be selected for |
6-year terms expiring on
January 31 of odd numbered years.
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(b) The members of the Board shall continue to serve after |
the
expiration of their terms until their successors have been |
appointed.
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(c) Vacancies on the Board in offices appointed by the |
Governor shall be
filled by appointment by the Governor for |
the unexpired term. If the
appointment is subject to Senate |
confirmation and the Senate is not in
session or is in recess |
when the appointment is made, the appointee shall
serve |
subject to subsequent Senate approval of the appointment.
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(d) Each student member shall serve a term of one year |
beginning on July
1 of each year and until a successor is |
appointed and qualified.
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(e) The member of the Board representing public university |
governing
boards and the member of the Board representing |
private college and university
boards of trustees, who are |
appointed by the Governor but not subject to
confirmation by |
the Senate, shall serve terms of 3 years one year beginning on |
July 1.
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(Source: P.A. 102-1046, eff. 6-7-22.)
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(110 ILCS 205/9.29)
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Sec. 9.29. Tuition and fee waiver report. |
(a) The Board of Higher Education
shall
annually
compile |
information concerning tuition and fee waivers and tuition and |
fee
waiver
programs that has been
provided by
the Boards of |
Trustees of the University of Illinois, Southern Illinois
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University, Chicago
State University, Eastern Illinois |
University, Governors State University,
Illinois State
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University, Northeastern Illinois University, Northern |
Illinois University, and
Western
Illinois University and shall |
report its findings and recommendations
concerning tuition and |
fee
waivers and tuition and fee waiver programs to the General |
Assembly by filing electronic or paper
copies of
its
report by |
December
31 of
each year as provided in Section 3.1 of the |
General Assembly Organization
Act. |
(b) No later than November 1, 2023 July 1, 2020, and |
annually thereafter, each public university must submit a |
report to the Board of Higher Education on the amount of |
tuition that undergraduate, degree-seeking students attending |
the university paid in the previous academic year that |
includes all of the following information: |
(1) The percentage of undergraduate students who paid |
more than 75% of full tuition costs. |
(2) The percentage of undergraduate students who paid |
more than 50% but no more than 75% of full tuition costs. |
(3) The percentage of undergraduate students who paid |
more than 25% but no more than 50% of full tuition costs. |
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(4) The percentage of undergraduate students who paid |
no more than 25% of full tuition costs. |
(5) The percentage of undergraduate students who had |
no tuition costs. |
The tuition costs calculated under this subsection must |
reflect the amount of tuition paid by a student after all |
scholarships, grants, and other financial assistance have been |
applied to his or her tuition charge and must reflect only the |
amounts paid by undergraduate, degree-seeking students. |
The Board of Higher Education must annually compile and |
submit to the General Assembly, as part of the report required |
under subsection (a), the information received under this |
subsection.
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(Source: P.A. 100-167, eff. 1-1-18; 101-93, eff. 1-1-20.)
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(110 ILCS 1005/14.10 rep.) |
Section 30. The Private College Act is amended by |
repealing Section 14.10.
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Section 35. The Private College Act is amended by changing |
Section 15 as follows:
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(110 ILCS 1005/15) (from Ch. 144, par. 135)
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Sec. 15.
Any person violating any provision of this Act |
shall be guilty
of a petty offense and fined not less than $25 |
nor more than $10,000 $100. Each
day's violation of any |
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provision of this Act shall constitute
a separate offense.
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(Source: P.A. 84-1308.)
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Section 40. The Academic Degree Act is amended by changing |
Section 10.10 as follows:
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(110 ILCS 1010/10.10) |
Sec. 10.10. Academic Quality Assurance Fund. The Academic |
Quality Assurance Fund is created as a special fund in the |
State treasury. All fees collected for the administration and |
enforcement of this Act and the Private College Act must be |
deposited into this Fund. All money in the Fund must be used, |
subject to appropriation, by the Board to supplement support |
for the administration and enforcement of this Act and the |
Private College Act and must not be used for any other purpose. |
Rulemaking authority to implement this amendatory Act of |
the 95th General Assembly, if any, is conditioned on the rules |
being adopted in accordance with all provisions of the |
Illinois Administrative Procedure Act and all rules and |
procedures of the Joint Committee on Administrative Rules; any |
purported rule not so adopted, for whatever reason, is |
unauthorized.
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(Source: P.A. 95-1046, eff. 3-27-09.)
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Section 99. Effective date. This Act takes effect upon |
becoming law.
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