Full Text of HB2041 103rd General Assembly
HB2041enr 103RD GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning education.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | (30 ILCS 105/5.719 rep.) | 5 | | Section 5. The State Finance Act is amended by repealing | 6 | | Section 5.719. | 7 | | Section 15. The Higher Education Housing and Opportunities | 8 | | Act is amended by changing Section 5 as follows: | 9 | | (110 ILCS 131/5)
| 10 | | Sec. 5. Definitions. As used in this Act: | 11 | | "Institution of higher education" or "institution" means | 12 | | any publicly or privately operated university, college, | 13 | | community college, business, technical, or vocational school, | 14 | | or other educational institution in this State offering | 15 | | degrees and instruction beyond the secondary school level. | 16 | | "Student experiencing homelessness" or "homeless student" | 17 | | means an individual enrolled in an institution who lacks or is | 18 | | at imminent risk of lacking a fixed, regular, and adequate | 19 | | nighttime residence or whose parent or legal guardian is | 20 | | unable or unwilling to provide shelter and care and includes a | 21 | | homeless individual as defined under the federal | 22 | | McKinney-Vento Homeless Assistance Act. For the purposes of |
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| 1 | | this definition, the term "fixed, regular, and adequate | 2 | | nighttime residence" does not include residence in an | 3 | | institution of higher education's on-campus housing. | 4 | | "Student in care" means any person, regardless of age, who | 5 | | is or was under the care and legal custody of the Department of | 6 | | Children and Family Services, including youth for whom the | 7 | | Department has court-ordered legal responsibility, youth who | 8 | | aged out of care at age 18 or older, or youth formerly under | 9 | | care who have been adopted and were the subject of an adoption | 10 | | assistance agreement or who have been placed in private | 11 | | guardianship and were the subject of a subsidized guardianship | 12 | | agreement.
| 13 | | (Source: P.A. 102-83, eff. 8-1-22 .) | 14 | | Section 20. The Preventing Sexual Violence in Higher | 15 | | Education Act is amended by changing Section 35 as follows: | 16 | | (110 ILCS 155/35) | 17 | | Sec. 35. Sexual misconduct climate survey. | 18 | | (a) As used in this Section: | 19 | | "Base survey" means a base set of common questions | 20 | | recommended by the Task Force on Campus Sexual Misconduct | 21 | | Climate Surveys and approved by the Executive Director of the | 22 | | Board of Higher Education. | 23 | | "Student" means a person who is enrolled in a public or | 24 | | private degree-granting, post-secondary higher education |
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| 1 | | institution, whether part-time, full-time, or as an extension | 2 | | student, including any person who has taken a leave of absence | 3 | | or who has withdrawn from the higher education institution due | 4 | | to being a victim of sexual misconduct. | 5 | | "Trauma informed" means an understanding of the | 6 | | complexities of sexual violence, domestic violence, dating | 7 | | violence, or stalking through training centered on the | 8 | | neurobiological impact of trauma, the influence of societal | 9 | | myths and stereotypes surrounding sexual violence, domestic | 10 | | violence, dating violence, or stalking, and understanding the | 11 | | behavior of perpetrators. | 12 | | (b) Each higher education institution shall annually | 13 | | conduct a sexual misconduct climate survey of all students at | 14 | | the institution. Each higher education institution's sexual | 15 | | misconduct climate survey shall include the base survey, which | 16 | | the Board of Higher Education or Illinois Community College | 17 | | Board, whichever is applicable, shall provide to the | 18 | | institution every 2 years. Each institution may append its own | 19 | | campus-specific questions to the base survey if questions do | 20 | | not require the disclosure of any personally identifying | 21 | | information by the students and are trauma informed. The Board | 22 | | of Higher Education and Illinois Community College Board , in | 23 | | consultation with the Office of the Attorney General, as | 24 | | necessary, shall review any complaints submitted by students | 25 | | who believe that questions included in the campus sexual | 26 | | misconduct climate survey are traumatizing. Within 120 days |
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| 1 | | after completion of a sexual misconduct climate survey, but no | 2 | | later than one year after the Board of Higher Education or | 3 | | Illinois Community College Board, whichever is applicable, | 4 | | issued the last base survey, each institution shall compile a | 5 | | summary of the results of the sexual misconduct climate | 6 | | survey, including, but not limited to, the complete aggregated | 7 | | results for each base survey question, and shall submit the | 8 | | summary to the Board of Higher Education or Illinois Community | 9 | | College Board , as well as publish the summary on the | 10 | | institution's website in an easily accessible manner. | 11 | | (c) The Task Force on Campus Sexual Misconduct Climate | 12 | | Surveys is created. The Task Force shall consist of the | 13 | | following members: | 14 | | (1) the Executive Director of the Board of Higher | 15 | | Education or a designee, who shall serve as chairperson; | 16 | | (2) the Governor or a designee; | 17 | | (3) one member of the Senate, appointed by the | 18 | | President of the Senate; | 19 | | (4) one member of the House of Representatives, | 20 | | appointed by the Speaker of the House of Representatives; | 21 | | (5) one member of the Senate, appointed by the | 22 | | Minority Leader of the Senate; | 23 | | (6) one member of the House of Representatives, | 24 | | appointed by the Minority Leader of the House of | 25 | | Representatives; | 26 | | (7) the Attorney General or a designee; |
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| 1 | | (8) the Director of Public Health or a designee; and | 2 | | (9) the following members appointed by the Governor: | 3 | | (A) one member who is a student attending a public | 4 | | higher education institution in Illinois; | 5 | | (B) one member who is a student attending a | 6 | | private higher education institution in Illinois; | 7 | | (C) one member who is a student attending a | 8 | | community college in Illinois; | 9 | | (D) one member who is a representative of the | 10 | | University of Illinois recommended by the president of | 11 | | the university; | 12 | | (E) one member who is a representative of the | 13 | | Illinois Community College Board; | 14 | | (F) one member who is a representative of private | 15 | | colleges and universities recommended by the | 16 | | Federation of Independent Illinois Colleges and | 17 | | Universities; | 18 | | (G) 3 members who are representatives of survivors | 19 | | of sexual assault recommended by the Illinois | 20 | | Coalition Against Sexual Assault, with one | 21 | | specifically representing survivors in rural | 22 | | communities and one specifically representing | 23 | | survivors in urban communities; | 24 | | (H) one member who is a representative of a | 25 | | non-profit legal services organization that provides | 26 | | legal representation to victims of campus sexual |
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| 1 | | assault in Illinois; | 2 | | (I) one member who is a representative recommended | 3 | | by the Illinois Coalition Against Domestic Violence; | 4 | | (J) one member who is a representative recommended | 5 | | by Equality Illinois; | 6 | | (K) one member who is a representative of an | 7 | | immigrant rights advocacy organization; | 8 | | (L) one member who is a representative recommended | 9 | | by the Every Voice Coalition or any successor | 10 | | organization of the Every Voice Coalition; | 11 | | (M) one member who is a researcher with experience | 12 | | in the development and design of sexual misconduct | 13 | | climate surveys; and | 14 | | (N) one member who is a researcher of statistics, | 15 | | data analytics, or econometrics with experience in | 16 | | higher education survey analysis. | 17 | | The Task Force shall hold its first meeting as soon as | 18 | | practicable after the effective date of this amendatory Act of | 19 | | the 102nd General Assembly. Administrative and other support | 20 | | for the Task Force shall be provided by the Board of Higher | 21 | | Education. Members of the Task Force shall serve 2-year terms | 22 | | that commence on the date of appointment. Members shall | 23 | | continue to serve until their successors are appointed. Any | 24 | | vacancy shall be filled by the appointing authority. Any | 25 | | vacancy occurring other than by expiration of the term shall | 26 | | be filled for the balance of the unexpired term. A majority of |
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| 1 | | the Task Force shall constitute a quorum for the transaction | 2 | | of any business. | 3 | | Members of the Task Force shall serve without compensation | 4 | | but shall be reimbursed for expenses necessarily incurred in | 5 | | the performance of their duties if funds are available. | 6 | | However, the higher education institution in which a student | 7 | | member is enrolled may compensate that student for | 8 | | participating on the Task Force through a work-study program | 9 | | or by providing a stipend to support the work of the student | 10 | | member on the Task Force. | 11 | | (d) The Task Force shall develop and recommend to the | 12 | | Board of Higher Education and Illinois Community College Board | 13 | | the base survey for distribution to higher education | 14 | | institutions and provide the Board of Higher Education and | 15 | | Illinois Community College Board with any related | 16 | | recommendations regarding the content, timing, and application | 17 | | of the base survey. The Task Force shall deliver the base | 18 | | survey and related recommendations, including, but not limited | 19 | | to, recommendations on achieving statistically valid response | 20 | | rates, to the Board of Higher Education and Illinois Community | 21 | | College Board no less often than every 2 years and for the | 22 | | first time on or before July 31, 2023 July 31, 2022 . | 23 | | Thereafter, the Task Force shall meet in the year 2025 2024 and | 24 | | in the year 2027 2026 to review the results of the survey and | 25 | | to implement updates and improvements. The Task Force is | 26 | | dissolved after the completion of the 2027 2026 base survey. |
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| 1 | | After the dissolution of the Task Force, the Executive | 2 | | Director of the Board of Higher Education or a designee shall | 3 | | review the base survey every 2 years to consider any feedback | 4 | | that has been received and to implement improvements. | 5 | | (e) In developing the base survey, the Task Force shall: | 6 | | (1) utilize best practices from peer-reviewed research
| 7 | | and consult with individuals with expertise in the | 8 | | development and use of sexual misconduct climate surveys | 9 | | by higher education institutions; | 10 | | (2) review sexual misconduct climate surveys that have | 11 | | been developed and previously utilized by higher education | 12 | | institutions in Illinois and by other states that mandate | 13 | | campus climate surveys; | 14 | | (3) provide opportunities for written comment from | 15 | | survivors and organizations that work directly with | 16 | | survivors of sexual misconduct to ensure the adequacy and | 17 | | appropriateness of the proposed content; | 18 | | (4) consult with institutions on strategies for | 19 | | optimizing the effectiveness of the survey; | 20 | | (5) account for the diverse needs and differences of | 21 | | higher education institutions; and | 22 | | (6) review the base survey to ensure that the strategy | 23 | | for gathering information is trauma informed. | 24 | | (f) The base survey shall gather information on topics, | 25 | | including, but not limited to: | 26 | | (1) the number and type of incidents, both reported to |
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| 1 | | the higher education institution and unreported to the | 2 | | higher education institution, of sexual misconduct at the | 3 | | higher education institution; | 4 | | (2) when and where incidents of sexual misconduct | 5 | | occurred, such as on campus, off campus, abroad, or | 6 | | online; | 7 | | (3) student awareness of institutional policies and | 8 | | procedures related to campus sexual misconduct; | 9 | | (4) whether a student reported the sexual misconduct | 10 | | to the higher education institution and, if so, to which | 11 | | campus resource such report was made and, if not, the | 12 | | reason for the student's decision not to report; | 13 | | (5) whether a student reported the sexual misconduct | 14 | | to law enforcement and, if so, to which law enforcement | 15 | | agency such report was made; | 16 | | (6) whether a student was informed of or referred to | 17 | | local, State, campus, or other resources or victim support | 18 | | services, including appropriate medical care, advocacy, | 19 | | counseling, and legal services; | 20 | | (7) whether a student was provided information | 21 | | regarding his or her right to protection from retaliation, | 22 | | access to school-based accommodations, and criminal | 23 | | justice remedies; | 24 | | (8) contextual factors, such as the involvement of | 25 | | force, incapacitation, coercion, or drug or alcohol | 26 | | facilitation; |
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| 1 | | (9) demographic information that could be used to | 2 | | identify at-risk groups, including, but not limited to, | 3 | | gender, race, immigration status, national origin, | 4 | | ethnicity, disability status, sexual orientation, and | 5 | | gender identity; | 6 | | (10) perceptions of campus safety among members of the | 7 | | campus community and confidence in the institution's | 8 | | ability to protect against and respond to incidents of | 9 | | sexual misconduct; | 10 | | (11) whether the student has chosen to withdraw or has | 11 | | taken a leave of absence from the institution or | 12 | | transferred to another institution; | 13 | | (12) whether the student has withdrawn from any | 14 | | classes or has been placed on academic probation as a | 15 | | result of the incident; and | 16 | | (13) other questions as determined by the Task Force. | 17 | | All questions on the base survey shall be optional or shall | 18 | | offer the student the option to select "I prefer not to answer" | 19 | | as a response on the survey. | 20 | | (g) The sexual misconduct climate survey shall collect
| 21 | | anonymous responses and shall not provide for the public | 22 | | disclosure of any personally identifying information. No | 23 | | institution may use or attempt to use information collected | 24 | | through the sexual misconduct climate survey to identify or | 25 | | contact any individual student on campus, nor shall the | 26 | | results of the survey be used as the basis for any type of |
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| 1 | | investigation or disciplinary or legal proceeding. | 2 | | (h) There shall be established within the Office of the | 3 | | Board of Higher Education and the Office of the Illinois | 4 | | Community College Board a data repository for all summaries of | 5 | | sexual misconduct climate surveys submitted by higher | 6 | | education institutions to the Board of Higher Education or | 7 | | Illinois Community College Board in accordance with subsection | 8 | | (b). The Board of Higher Education and Illinois Community | 9 | | College Board shall ensure that the sexual misconduct climate | 10 | | survey data submitted by all applicable institutions is | 11 | | available to the public in an easily accessible manner on the | 12 | | Board of Higher Education's or Illinois Community College | 13 | | Board's website. | 14 | | (i) Each higher education institution shall publish on the | 15 | | institution's website in an easily accessible manner: | 16 | | (1) the campus level results of the survey; | 17 | | (2) the annual security report required under the | 18 | | federal Jeanne Clery Disclosure of Campus Security Policy | 19 | | and Campus Crime Statistics Act; | 20 | | (3) the reports required under Section 9.21 of the | 21 | | Board of Higher Education Act; and | 22 | | (4) a link to the Board of Higher Education's and | 23 | | Illinois Community College Board's statewide data on | 24 | | sexual misconduct climate survey data as set forth in | 25 | | subsection (h). | 26 | | (j) The Board of Higher Education and Illinois Community |
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| 1 | | College Board shall establish rules and procedures, including | 2 | | deadlines for dissemination and collection of survey | 3 | | information, consistent with the purposes of this Section and | 4 | | shall promote effective solicitation to achieve the highest | 5 | | practical response rate, collection, and publication of | 6 | | statistical information gathered from higher education | 7 | | institutions. | 8 | | (k) Upon determination, after reasonable notice and | 9 | | opportunity for a hearing, that a higher education institution | 10 | | has violated or failed to carry out any provision of this | 11 | | Section or any rule adopted under this Section, the Board of | 12 | | Higher Education or Illinois Community College Board, | 13 | | whichever is applicable, may impose a civil penalty upon such | 14 | | institution not to exceed $50,000, which shall be adjusted for | 15 | | inflation annually, for each violation. The Board of Higher | 16 | | Education and Illinois Community College Board shall use any | 17 | | such civil penalty funds to provide oversight of this Section | 18 | | and to provide funding to community organizations that provide | 19 | | services to sexual assault victims. The Attorney General may | 20 | | bring an action in the circuit court to enforce the collection | 21 | | of any monetary penalty imposed under this subsection (k).
| 22 | | (Source: P.A. 102-325, eff. 8-6-21.) | 23 | | Section 25. The Board of Higher Education Act is amended | 24 | | by changing Sections 3 and 9.29 as follows:
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| 1 | | (110 ILCS 205/3) (from Ch. 144, par. 183)
| 2 | | Sec. 3. Terms; vacancies.
| 3 | | (a) The members of the Board whose appointments are | 4 | | subject to
confirmation by the Senate shall be selected for | 5 | | 6-year terms expiring on
January 31 of odd numbered years.
| 6 | | (b) The members of the Board shall continue to serve after | 7 | | the
expiration of their terms until their successors have been | 8 | | appointed.
| 9 | | (c) Vacancies on the Board in offices appointed by the | 10 | | Governor shall be
filled by appointment by the Governor for | 11 | | the unexpired term. If the
appointment is subject to Senate | 12 | | confirmation and the Senate is not in
session or is in recess | 13 | | when the appointment is made, the appointee shall
serve | 14 | | subject to subsequent Senate approval of the appointment.
| 15 | | (d) Each student member shall serve a term of one year | 16 | | beginning on July
1 of each year and until a successor is | 17 | | appointed and qualified.
| 18 | | (e) The member of the Board representing public university | 19 | | governing
boards and the member of the Board representing | 20 | | private college and university
boards of trustees, who are | 21 | | appointed by the Governor but not subject to
confirmation by | 22 | | the Senate, shall serve terms of 3 years one year beginning on | 23 | | July 1.
| 24 | | (Source: P.A. 102-1046, eff. 6-7-22.)
| 25 | | (110 ILCS 205/9.29)
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| 1 | | Sec. 9.29. Tuition and fee waiver report. | 2 | | (a) The Board of Higher Education
shall
annually
compile | 3 | | information concerning tuition and fee waivers and tuition and | 4 | | fee
waiver
programs that has been
provided by
the Boards of | 5 | | Trustees of the University of Illinois, Southern Illinois
| 6 | | University, Chicago
State University, Eastern Illinois | 7 | | University, Governors State University,
Illinois State
| 8 | | University, Northeastern Illinois University, Northern | 9 | | Illinois University, and
Western
Illinois University and shall | 10 | | report its findings and recommendations
concerning tuition and | 11 | | fee
waivers and tuition and fee waiver programs to the General | 12 | | Assembly by filing electronic or paper
copies of
its
report by | 13 | | December
31 of
each year as provided in Section 3.1 of the | 14 | | General Assembly Organization
Act. | 15 | | (b) No later than November 1, 2023 July 1, 2020 , and | 16 | | annually thereafter, each public university must submit a | 17 | | report to the Board of Higher Education on the amount of | 18 | | tuition that undergraduate, degree-seeking students attending | 19 | | the university paid in the previous academic year that | 20 | | includes all of the following information: | 21 | | (1) The percentage of undergraduate students who paid | 22 | | more than 75% of full tuition costs. | 23 | | (2) The percentage of undergraduate students who paid | 24 | | more than 50% but no more than 75% of full tuition costs. | 25 | | (3) The percentage of undergraduate students who paid | 26 | | more than 25% but no more than 50% of full tuition costs. |
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| 1 | | (4) The percentage of undergraduate students who paid | 2 | | no more than 25% of full tuition costs. | 3 | | (5) The percentage of undergraduate students who had | 4 | | no tuition costs. | 5 | | The tuition costs calculated under this subsection must | 6 | | reflect the amount of tuition paid by a student after all | 7 | | scholarships, grants, and other financial assistance have been | 8 | | applied to his or her tuition charge and must reflect only the | 9 | | amounts paid by undergraduate, degree-seeking students. | 10 | | The Board of Higher Education must annually compile and | 11 | | submit to the General Assembly, as part of the report required | 12 | | under subsection (a), the information received under this | 13 | | subsection.
| 14 | | (Source: P.A. 100-167, eff. 1-1-18; 101-93, eff. 1-1-20 .)
| 15 | | (110 ILCS 1005/14.10 rep.) | 16 | | Section 30. The Private College Act is amended by | 17 | | repealing Section 14.10. | 18 | | Section 35. The Private College Act is amended by changing | 19 | | Section 15 as follows:
| 20 | | (110 ILCS 1005/15) (from Ch. 144, par. 135)
| 21 | | Sec. 15.
Any person violating any provision of this Act | 22 | | shall be guilty
of a petty offense and fined not less than $25 | 23 | | nor more than $10,000 $100 . Each
day's violation of any |
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| 1 | | provision of this Act shall constitute
a separate offense.
| 2 | | (Source: P.A. 84-1308.)
| 3 | | Section 40. The Academic Degree Act is amended by changing | 4 | | Section 10.10 as follows: | 5 | | (110 ILCS 1010/10.10) | 6 | | Sec. 10.10. Academic Quality Assurance Fund. The Academic | 7 | | Quality Assurance Fund is created as a special fund in the | 8 | | State treasury. All fees collected for the administration and | 9 | | enforcement of this Act and the Private College Act must be | 10 | | deposited into this Fund. All money in the Fund must be used, | 11 | | subject to appropriation, by the Board to supplement support | 12 | | for the administration and enforcement of this Act and the | 13 | | Private College Act and must not be used for any other purpose. | 14 | | Rulemaking authority to implement this amendatory Act of | 15 | | the 95th General Assembly, if any, is conditioned on the rules | 16 | | being adopted in accordance with all provisions of the | 17 | | Illinois Administrative Procedure Act and all rules and | 18 | | procedures of the Joint Committee on Administrative Rules; any | 19 | | purported rule not so adopted, for whatever reason, is | 20 | | unauthorized.
| 21 | | (Source: P.A. 95-1046, eff. 3-27-09.)
| 22 | | Section 99. Effective date. This Act takes effect upon | 23 | | becoming law.
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