Public Act 103-0288
 
HB2041 EnrolledLRB103 04933 RJT 49943 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 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 
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 
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 
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
        (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;
            (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 
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 
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 
    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 
    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.
    (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 
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)




    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.  
    (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 
    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 changing 
Section 15 as follows:
 



    (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 changing 
Section 10.10 as follows:
 
    (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.