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

---

Bill Title: Amends the Public Higher Education Act. Provides that every faculty member of a public institution of higher education has the right to certain freedoms without fear of direct or indirect retaliation by the institution or discipline up to and including termination. Provides that every student of a public institution of higher education has the right to certain freedoms without fear of direct or indirect retaliation by the institution or discipline. Prohibits, with exceptions, a State officer or employee, member of a State governing or coordinating board, or institutional administrator from penalizing any faculty member of a public institution of higher education concerning 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 law. Requires the governing board of each public institution of higher education to adopt or amend institutional policies to incorporate these rights and obligations by July 1, 2027. Provides that 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. Provides that a faculty member or student of a public institution of higher education at the time that the institution has made or enforced any rule in violation of the amendatory provisions 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. Amends the Public Community College Act. Provides that recognition by the State Board of community colleges shall include a review of a community college's compliance with the amendatory provisions. Makes other changes.

Sponsorship: Partisan Bill (Democrat 9)

Status: (Introduced - Dead) 2026-07-02 - Senate Floor Amendment No. 4 Pursuant to Senate Rule 3-9(b) / Referred to Assignments [SB2202 Detail]

Download: Illinois-2025-SB2202-Introduced.html

---

104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB2202 Introduced 2/7/2025, by Sen. Graciela Guzm�n SYNOPSIS AS INTRODUCED:
New Act
110 ILCS 205/9.45 new
110 ILCS 205/9.46 new
110 ILCS 205/9.47 new
110 ILCS 805/2-12 from Ch. 122, par. 102-12
110 ILCS 805/3-22.4 new
Creates the Academic Freedom of Expression Act. Prohibits a public institution of higher education or private institution of higher education from making or enforcing a rule subjecting a student to disciplinary sanctions solely on the basis of conduct that is speech or other communication that, when engaged in outside the campus or facility of the institution, is protected from governmental restriction by the First Amendment of the United States Constitution. Allows a student enrolled in a private postsecondary institution at the time that the institution has made or enforced any rule violating the Act to commence a civil action to obtain appropriate injunctive and declaratory relief as determined by the court. Sets forth exceptions. Amends the Board of Higher Education Act. Grants the following powers to the Board of Higher Education: the power to adopt policies protecting academic freedom of speech; the power to support the Illinois Community College Board in developing its academic freedom of speech policies; and the power to establish and enforce rules requiring private institutions of higher education to develop and implement plans related to academic freedom of speech within a reasonable deadline. Amends the Public Community College Act. Grants the following power to the Illinois Community College Board: the power to create and enforce rules which ensure that all faculty members are entitled to freedom in the classroom in discussing their subject where such freedom shall be extended within the confines of the course outcomes, degree or program requirements, and accreditation requirements; and the power to create and enforce rules which ensure that faculty members and students are entitled to full freedom in research and in the publication of the results.
LRB104 10374 LNS 20449 b
A BILL FOR
SB2202 LRB104 10374 LNS 20449 b
AN ACT concerning education.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 1. Short title. This Act may be cited as the
Academic Freedom of Expression Act.
Section 5. Definitions. As used in this Act:
"Private institution of higher education" means Any
institution of higher education that is subject to the Private
College Act or the Academic Degree Act.
"Public institutions of higher education" means the
University of Illinois, Southern Illinois University, Chicago
State University, Eastern Illinois University, Governors State
University, Illinois State University, Northeastern Illinois
University, Northern Illinois University, Western Illinois
University, the public community colleges of the State and any
other public universities, colleges, and community colleges
now or hereafter established or authorized by the General
Assembly.
Section 10. Academic freedom of expression. No public
institution of higher education or private institution of
higher education shall make or enforce a rule subjecting a
student to disciplinary sanctions solely on the basis of

SB2202 - 2 - LRB104 10374 LNS 20449 b
conduct that is speech or other communication that, when
engaged in outside the campus or facility of the institution,
is protected from governmental restriction by the First
Amendment of the United States Constitution.
Section 15. Private right of action; attorney's fees. A
student enrolled in a private postsecondary institution at the
time that the institution has made or enforced any rule in
violation of Section 10 may commence a civil action to obtain
appropriate injunctive and declaratory relief as determined by
the court. Upon motion, a court may award attorney's fees to a
prevailing plaintiff in a civil action pursuant to this
Section.
Section 20. Exceptions.
(a) This Act does not apply to a private postsecondary
educational institution that is controlled by a religious
organization to the extent that the applications of this Act
would not be consistent with the religious tenets of that
organization.
(b) This Act does not prohibit the imposition of
discipline for harassment, threats, or intimidation.
(c) This Act 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

SB2202 - 3 - LRB104 10374 LNS 20449 b
rules conform to standards established by the First Amendment
of the United States Constitution.
Section 25. The Board of Higher Education Act is amended
by adding Sections 9.45, 9.46, and 9.47 as follows:
(110 ILCS 205/9.45 new)
Sec. 9.45. Academic freedom of speech policies in public
institutions of higher education. No later than one year after
the effective date of this amendatory Act of the 104th General
Assembly, to make 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 must include, but may not be limited to:
(1) Provisions affording the right of faculty members
and students to freely discuss the subject matter of their
teaching material without fear of discipline, up to and
including termination.
(2) Provisions affording faculty members and students

SB2202 - 4 - LRB104 10374 LNS 20449 b
full freedom in research and in the publication of the
results of that research without fear of discipline, up to
and including termination.
(110 ILCS 205/9.46 new)
Sec. 9.46. Support Illinois Community College Board. To
support the Illinois Community College Board in developing its
academic freedom of speech policies described in subsection
(q) and (r) of Section 2-1 of the Public Community College Act.
(110 ILCS 205/9.47 new)
Sec. 9.47. Academic freedom of speech plans in private
institutions of higher education. No later than one year after
the effective date of this amendatory Act of the 104th General
Assembly, to establish 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 not be limited to:
(1) Provisions affording the right of faculty members
and students to freely discuss the subject matter of their
teaching material without fear of discipline, up to and
including termination.
(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

SB2202 - 5 - LRB104 10374 LNS 20449 b
and including termination.
Section 30. The Public Community College Act is amended by
changing Section 2-12 and by adding Section 3-22.4 as follows:
(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

SB2202 - 6 - LRB104 10374 LNS 20449 b
characteristics, financial data, admission standards,
facility data, and any other issues facing community
colleges.
(e) To enter into contracts with other governmental
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

SB2202 - 7 - LRB104 10374 LNS 20449 b
supplies, instruction and teaching, curriculum, library,
operation, maintenance, and administration and
supervision.
(g) To determine the standards for establishment of
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

SB2202 - 8 - LRB104 10374 LNS 20449 b
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
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).

SB2202 - 9 - LRB104 10374 LNS 20449 b
(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
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

SB2202 - 10 - LRB104 10374 LNS 20449 b
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.
(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

SB2202 - 11 - LRB104 10374 LNS 20449 b
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
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
create and enforce rules which ensure that 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 topics into
their teaching matters related to their subject or the
education of their students in that subject within the
discourse of their discipline, where such freedom shall be
extended within the confines of the 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
create and enforce rules which ensure that faculty members
and students are entitled to full freedom in research and
in the publication of the results.
(Source: P.A. 103-940, eff. 8-9-24.)
(110 ILCS 805/3-22.4 new)

SB2202 - 12 - LRB104 10374 LNS 20449 b
Sec. 3-22.4. Academic freedom of speech. No later than one
year after the effective date of this amendatory Act of the
104th General Assembly, to adopt and enforce all necessary
rules that are at least as stringent as those established by
the State Board pursuant to subsection (q) and (r) of the
Public Community College Act which ensures 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
topics into their teaching matters related to their
subject or the education of their students in that subject
within the discourse of their discipline, where such
freedom shall be extended within the confines of the
course outcomes, degree or program requirements, and
accreditation requirements; and
(2) faculty members and students are entitled to full
freedom in research and in the publication of the results.