EDUCATION - HIGHER EDUCATION

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HIGHER EDUCATION (110 ILCS 167/) Public Higher Education Act.

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Illinois Compiled Statutes (ILCS)

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    (110 ILCS 167/1)
    Sec. 1. Short title. This Act may be cited as the Public Higher Education Act.
(Source: P.A. 103-465, eff. 8-4-23.)

    (110 ILCS 167/3)
    Sec. 3. Intent. It is the intent of the General Assembly that the requirements set forth in this Act should apply equally to each public institution of higher education in this State and to the governing board of each public institution of higher education in this State.
(Source: P.A. 103-465, eff. 8-4-23.)

    (110 ILCS 167/5)
    Sec. 5. Definitions. As used in this Act:
    "Contraception" means medication or medical devices used to prevent pregnancy.
    "Emergency contraception" means medication that can significantly reduce the risk of pregnancy if taken after unprotected sexual intercourse.
    "Governing board of each public institution of higher education" means 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, the Board of Trustees of Western Illinois University, the board of trustees of each community college district in this State, and the governing board of any other public university, college, or community college now or hereafter established or authorized by the General Assembly.
    "Medication abortion" means termination of pregnancy by use of medication.
    "Primary care services" has the meaning given to that term in Section 10 of the Equity and Representation in Health Care Act.
    "Public institution 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, a public community college in this State, or any other public university, college, or community college now or hereafter established or authorized by the General Assembly.
    "Student health services" means any clinic, facility, or program operated by or affiliated with a public institution of higher education intending to provide primary care services to enrolled students of the public institution of higher education.
    "Wellness kiosk" means a mechanical device used for retail sales of wellness products that may include, but is not limited to, prophylactics, menstrual cups, tampons, menstrual pads, pregnancy tests, and nonprescription drugs. A wellness kiosk must also include discounted emergency contraception.
(Source: P.A. 103-465, eff. 8-4-23; 104-433, eff. 8-22-25.)

    (110 ILCS 167/10)
    Sec. 10. Wellness kiosk availability on campus.
    (a) The governing board of each public institution of higher education, except the board of trustees of a community college district, shall make at least one wellness kiosk available on each campus under its jurisdiction. The wellness kiosk must be located in an area of campus where students can access the wellness kiosk on weekends and after class hours.
    (b) The board of trustees of a community college district shall make at least one wellness kiosk available on each campus under its jurisdiction. The wellness kiosk must be located in an area of campus where students can access the wellness kiosk during class hours.
    (c) A public institution of higher education shall ensure that the wellness kiosk satisfies, at a minimum, all of the following requirements:
        (1) The products must be sold only in the
    
manufacturer's clearly labeled, original, unbroken, tamper-proof, and expiration-dated packaging.
        (2) The products may not be older than the
    
manufacturer's expiration date.
        (3) The products must be stored in accordance with
    
manufacturer recommendations.
        (4) The emergency contraception in the wellness kiosk
    
must be made available at a reduced price.
    (c) A public institution of higher education shall ensure that each wellness kiosk has, at a minimum:
        (1) an obvious and legible statement on the kiosk
    
that identifies the owner of the machine;
        (2) a toll-free telephone number at which the
    
consumer may contact the owner of the kiosk; and
        (3) a statement advising the consumer to check the
    
expiration date of the product before using the product.
(Source: P.A. 103-465, eff. 8-4-23.)

    (110 ILCS 167/15)
    Sec. 15. National Guard and reservist classwork policy. The governing board of each public institution of higher education shall adopt a policy to allow a student who is a member of the National Guard of any state, the District of Columbia, a commonwealth, or a territory of the United States or any reserve component of the Armed Forces of the United States to submit classwork and complete any other class assignments missed due to the student participating in a drill or other military obligation required as a member of the National Guard or the reserve component.
(Source: P.A. 103-871, eff. 1-1-25; 104-417, eff. 8-15-25.)

    (110 ILCS 167/16)
    Sec. 16. Admission based on legacy status or donor relation prohibited.
    (a) In this Section:
    "Alumnus" means a graduate of a public institution of higher education.
    "Familial relationship" means an individual's father, mother, son, daughter, brother, sister, uncle, aunt, great-aunt, great-uncle, first cousin, nephew, niece, husband, wife, grandfather, grandmother, grandson, granddaughter, father-in-law, mother-in-law, son-in-law, daughter-in-law, brother-in-law, sister-in-law, stepfather, stepmother, stepson, stepdaughter, stepbrother, stepsister, half brother, or half sister; the father, mother, grandfather, or grandmother of the individual's spouse; or the individual's fiance or fiancee.
    "Legacy status" means the familial relationship of an individual applying for admission to a public institution of higher education to an alumnus or former or current attendee of the public institution of higher education.
    (b) In determining admission to a public institution of higher education, the public institution of higher education may not consider an applicant's legacy status or the applicant's familial relationship to any past, current, or prospective donor of something of value to the public institution of higher education as a factor in admitting the applicant.
(Source: P.A. 103-877, eff. 8-9-24; 104-417, eff. 8-15-25.)

    (110 ILCS 167/17)
    Sec. 17. Transcript evaluation fee waivers.
    (a) In this Section, "refugee" means a person who has entered the United States on a refugee status from Iraq or Afghanistan.
    (b) Beginning January 1, 2025, each public institution of higher education shall pay on behalf of a refugee or reimburse a refugee for payment of any transcript evaluation fees that are required by the public institution of higher education to be paid during the admission process.
(Source: P.A. 103-913, eff. 8-9-24; 104-417, eff. 8-15-25.)

    (110 ILCS 167/19)
    Sec. 19. Medication contraception availability on campus.
    (a) Beginning with the 2025-2026 school year, each public institution of higher education with student health services shall provide enrolled students with access to one or more health care professionals whose scopes of practice collectively include prescribing and dispensing contraception to patients in this State. These health care professionals shall be available to discuss contraception options, prescribe contraception as needed, including both medication and procedural-based forms of contraception, and dispense contraception. This service shall be provided through student health services, telehealth services, or other external licensed providers.
    (b) Beginning with the 2025-2026 school year, if a public institution of higher education's student health services includes a pharmacy, the pharmacy on campus shall dispense contraception to enrolled students who wish to fill their prescriptions at that pharmacy. A student may choose to fill the student's prescription at a third-party pharmacy.
    (c) Beginning with the 2025-2026 school year, each public institution of higher education with student health services shall make available, on the public institution of higher education's student health services' website, information on how students can access medication contraception on campus.
    (d) Each public institution of higher education shall report annually to the Board of Higher Education that policies under this Section have been adopted. This may be included in an existing report. The Board of Higher Education shall annually post, on its website, each public institution of higher education's compliance with the policies under this Section.
(Source: P.A. 104-433, eff. 8-22-25.)

    (110 ILCS 167/20)
    Sec. 20. Medication abortion availability on campus.
    (a) Beginning with the 2025-2026 school year, each public institution of higher education with student health services shall provide enrolled students with access to one or more health care professionals whose scopes of practice include prescribing medication abortion to patients in this State. These health care professionals shall be available to discuss abortion options and prescribe medication abortion as needed. This service shall be provided through student health services, telehealth services, or other external licensed providers.
    (b) Beginning with the 2025-2026 school year, if a public institution of higher education's student health services includes a pharmacy, the public institution of higher education shall make medication abortion available at a physical location on campus. Enrolled students shall be able to access medication abortion at either a pharmacy on campus, the student health center via a health care professional licensed to dispense medication abortion, or another physical location on campus where students access other similar medications. A student may choose to fill the student's prescription at a third-party pharmacy.
    (c) Beginning with the 2025-2026 school year, each public institution of higher education with student health services shall make available, on the public institution of higher education's student health services' website, information on how students can access medication abortion on campus.
    (d) Each public institution of higher education shall report annually to the Board of Higher Education that policies under this Section have been adopted. This may be included in an existing report. The Board of Higher Education shall post annually, on its website, each public institution of higher education's compliance with the policies under this Section.
(Source: P.A. 104-433, eff. 8-22-25.)

    (110 ILCS 167/99)
    Sec. 99. Effective date. This Act takes effect upon becoming law.
(Source: P.A. 103-465, eff. 8-4-23.)