Bill Text: IL SB2308 | 2023-2024 | 103rd General Assembly | Introduced

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Bill Title: Amends the Private Business and Vocational Schools Act of 2012. Provides that the Board of Higher Education may issue a cease and desist order to any school operating without the required permit of approval and may impose a civil penalty. Sets forth various requirements for the cease and desist order and the penalty. Amends the Private College Act and the Academic Degree Act to make similar changes. Amends the Higher Education Housing and Opportunities Act. Provides that the definition of "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 (rather than not specifying the location). Amends the Preventing Sexual Violence in Higher Education Act. Provides that the Illinois Community College Board shall administer specified provisions with the Board of Higher Education (instead of only the Board of Higher Education). Provides that the Task Force on Campus Sexual Misconduct Climate Surveys is extended for an additional year. Amends the Board of Higher Education Act. Provides that 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 (instead of one year). Makes other changes. Repeals a provision of the State Finance Act concerning the Private College Academic Quality Assurance Fund. Effective immediately.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2023-03-31 - Rule 3-9(a) / Re-referred to Assignments [SB2308 Detail]

Download: Illinois-2023-SB2308-Introduced.html

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103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB2308 Introduced 2/10/2023, by Sen. Celina Villanueva SYNOPSIS AS INTRODUCED:
30 ILCS 105/5.719 rep.
105 ILCS 426/75.5 new
110 ILCS 131/5
110 ILCS 155/35
110 ILCS 205/3 from Ch. 144, par. 183
110 ILCS 205/9.29
110 ILCS 1005/14.10 rep.
110 ILCS 1005/14.15 new
110 ILCS 1005/15 from Ch. 144, par. 135
110 ILCS 1010/7.5 new
110 ILCS 1010/10.10
Amends the Private Business and Vocational Schools Act of 2012. Provides that the Board of Higher Education may issue a cease and desist order to any school operating without the required permit of approval and may impose a civil penalty. Sets forth various requirements for the cease and desist order and the penalty. Amends the Private College Act and the Academic Degree Act to make similar changes. Amends the Higher Education Housing and Opportunities Act. Provides that the definition of "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 (rather than not specifying the location). Amends the Preventing Sexual Violence in Higher Education Act. Provides that the Illinois Community College Board shall administer specified provisions with the Board of Higher Education (instead of only the Board of Higher Education). Provides that the Task Force on Campus Sexual Misconduct Climate Surveys is extended for an additional year. Amends the Board of Higher Education Act. Provides that 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 (instead of one year). Makes other changes. Effective immediately.
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A BILL FOR
SB2308 LRB103 04934 RJT 49944 b
AN ACT concerning education.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
(30 ILCS 105/5.719 rep.)
Section 5. The State Finance Act is amended by repealing
Section 5.719.
Section 10. The Private Business and Vocational Schools
Act of 2012 is amended by adding Section 75.5 as follows:
(105 ILCS 426/75.5 new)
Sec. 75.5. Operating without a permit; cease and desist
order. The Board may issue a cease and desist order to any
school operating without the required permit of approval and
may impose a civil penalty for such a violation. Each day's
violation shall constitute a separate offense. The penalty for
such a violation shall be a fee or other conditions as
established by rule. A penalty fee may not exceed $10,000 per
violation. The Attorney General may bring an action in circuit
court to enforce the collection of the penalty fee.
The cease and desist order shall be issued to the school,
shall contain the school's name and address and a brief
factual statement, and shall identify this Act and the
statutory citations of this Act allegedly violated and the

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penalty, if any, imposed. The cease and desist order must
clearly state that the school may choose to request a hearing.
If the school does not request a hearing with the Board within
30 days after the cease and desist order is served, then the
cease and desist order shall become final and not subject to
appeal notwithstanding anything to the contrary under Section
85 of this Act.
Section 15. The Higher Education Housing and Opportunities
Act is amended by changing Section 5 as follows:
(110 ILCS 131/5)
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
this definition, the term "fixed, regular, and adequate

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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.
(Source: P.A. 102-83, eff. 8-1-22.)
Section 20. The Preventing Sexual Violence in Higher
Education Act is amended by changing Section 35 as follows:
(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
institution, whether part-time, full-time, or as an extension

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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
after completion of a sexual misconduct climate survey, but no

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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;
(8) the Director of Public Health or a designee; and

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(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
assault in Illinois;

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(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
the Task Force shall constitute a quorum for the transaction

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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.
After the dissolution of the Task Force, the Executive

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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
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
the higher education institution and unreported to the

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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;
(9) demographic information that could be used to

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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
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
investigation or disciplinary or legal proceeding.

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(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
College Board shall establish rules and procedures, including

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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).
(Source: P.A. 102-325, eff. 8-6-21.)
Section 25. The Board of Higher Education Act is amended
by changing Sections 3 and 9.29 as follows:
(110 ILCS 205/3) (from Ch. 144, par. 183)

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Sec. 3. Terms; vacancies.
(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.
(b) The members of the Board shall continue to serve after
the expiration of their terms until their successors have been
appointed.
(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.
(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.
(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.
(Source: P.A. 102-1046, eff. 6-7-22.)
(110 ILCS 205/9.29)
Sec. 9.29. Tuition and fee waiver report.

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(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
University, Chicago State University, Eastern Illinois
University, Governors State University, Illinois State
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.
(4) The percentage of undergraduate students who paid

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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.
(Source: P.A. 100-167, eff. 1-1-18; 101-93, eff. 1-1-20.)
(110 ILCS 1005/14.10 rep.)
Section 30. The Private College Act is amended by
repealing Section 14.10.
Section 35. The Private College Act is amended by adding
Section 14.15 and by changing Section 15 as follows:
(110 ILCS 1005/14.15 new)
Sec. 14.15. Operating without a certificate; cease and
desist order. The Board may issue a cease and desist order to
any post-secondary educational institution operating without
the required certificate of approval and may impose a civil

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penalty for such a violation. Each day's violation shall
constitute a separate offense. The penalty for such a
violation shall be a fee or other conditions as established by
rule. A penalty fee may not exceed $10,000 per violation. The
Attorney General may bring an action in circuit court to
enforce the collection of the penalty fee.
The cease and desist order shall be issued to the
institution, shall contain the institution's name and address
and a brief factual statement, and shall identify this Act and
the statutory citations of this Act allegedly violated and the
penalty, if any, imposed. The cease and desist order must
clearly state that the institution may choose to request a
hearing. If the institution does not request a hearing with
the Board within 30 days after the cease and desist order is
served, then the cease and desist order shall become final and
not subject to appeal notwithstanding anything to the contrary
under Section 12 of this Act.
(110 ILCS 1005/15) (from Ch. 144, par. 135)
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
provision of this Act shall constitute a separate offense.
(Source: P.A. 84-1308.)
Section 40. The Academic Degree Act is amended by adding

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Section 7.5 and by changing Section 10.10 as follows:
(110 ILCS 1010/7.5 new)
Sec. 7.5. Cease and desist order. The Board may issue a
cease and desist order to any educational organization or
entity operating without the required authorization to operate
and grant degrees. The Board may impose a civil penalty for
such a violation. Each day's violation shall constitute a
separate offense. The penalty for such a violation shall be a
fee or other conditions as established by rule. A penalty fee
may not exceed $10,000 per violation. The Attorney General may
bring an action in circuit court to enforce the collection of
the penalty fee.
The cease and desist order shall be issued to the
educational organization or entity, shall contain the name and
address of the educational organization or entity and a brief
factual statement, and shall identify this Act and the
statutory citations of this Act allegedly violated and the
penalty, if any, imposed. The cease and desist order must
state clearly that the educational organization or entity may
choose to request a hearing. If the educational organization
or entity does not request a hearing with the Board or its
designee within 30 days after the cease and desist order is
served, then the cease and desist order shall become final and
not subject to appeal notwithstanding anything to the contrary
under Section 10 of this Act.

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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.
(Source: P.A. 95-1046, eff. 3-27-09.)
Section 99. Effective date. This Act takes effect upon
becoming law.