Illinois General Assembly - Full Text of HB2041
Illinois General Assembly

  Bills & Resolutions  
  Compiled Statutes  
  Public Acts  
  Legislative Reports  
  IL Constitution  
  Legislative Guide  
  Legislative Glossary  

 Search By Number
 (example: HB0001)
Search Tips

Search By Keyword

Full Text of HB2041  103rd General Assembly




HB2041 EnrolledLRB103 04933 RJT 49943 b

1    AN ACT concerning education.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    (30 ILCS 105/5.719 rep.)
5    Section 5. The State Finance Act is amended by repealing
6Section 5.719.
7    Section 15. The Higher Education Housing and Opportunities
8Act 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
12any publicly or privately operated university, college,
13community college, business, technical, or vocational school,
14or other educational institution in this State offering
15degrees and instruction beyond the secondary school level.
16    "Student experiencing homelessness" or "homeless student"
17means an individual enrolled in an institution who lacks or is
18at imminent risk of lacking a fixed, regular, and adequate
19nighttime residence or whose parent or legal guardian is
20unable or unwilling to provide shelter and care and includes a
21homeless individual as defined under the federal
22McKinney-Vento Homeless Assistance Act. For the purposes of



HB2041 Enrolled- 2 -LRB103 04933 RJT 49943 b

1this definition, the term "fixed, regular, and adequate
2nighttime residence" does not include residence in an
3institution of higher education's on-campus housing.
4    "Student in care" means any person, regardless of age, who
5is or was under the care and legal custody of the Department of
6Children and Family Services, including youth for whom the
7Department has court-ordered legal responsibility, youth who
8aged out of care at age 18 or older, or youth formerly under
9care who have been adopted and were the subject of an adoption
10assistance agreement or who have been placed in private
11guardianship and were the subject of a subsidized guardianship
13(Source: P.A. 102-83, eff. 8-1-22.)
14    Section 20. The Preventing Sexual Violence in Higher
15Education 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
20recommended by the Task Force on Campus Sexual Misconduct
21Climate Surveys and approved by the Executive Director of the
22Board of Higher Education.
23    "Student" means a person who is enrolled in a public or
24private degree-granting, post-secondary higher education



HB2041 Enrolled- 3 -LRB103 04933 RJT 49943 b

1institution, whether part-time, full-time, or as an extension
2student, including any person who has taken a leave of absence
3or who has withdrawn from the higher education institution due
4to being a victim of sexual misconduct.
5    "Trauma informed" means an understanding of the
6complexities of sexual violence, domestic violence, dating
7violence, or stalking through training centered on the
8neurobiological impact of trauma, the influence of societal
9myths and stereotypes surrounding sexual violence, domestic
10violence, dating violence, or stalking, and understanding the
11behavior of perpetrators.
12    (b) Each higher education institution shall annually
13conduct a sexual misconduct climate survey of all students at
14the institution. Each higher education institution's sexual
15misconduct climate survey shall include the base survey, which
16the Board of Higher Education or Illinois Community College
17Board, whichever is applicable, shall provide to the
18institution every 2 years. Each institution may append its own
19campus-specific questions to the base survey if questions do
20not require the disclosure of any personally identifying
21information by the students and are trauma informed. The Board
22of Higher Education and Illinois Community College Board, in
23consultation with the Office of the Attorney General, as
24necessary, shall review any complaints submitted by students
25who believe that questions included in the campus sexual
26misconduct climate survey are traumatizing. Within 120 days



HB2041 Enrolled- 4 -LRB103 04933 RJT 49943 b

1after completion of a sexual misconduct climate survey, but no
2later than one year after the Board of Higher Education or
3Illinois Community College Board, whichever is applicable,
4issued the last base survey, each institution shall compile a
5summary of the results of the sexual misconduct climate
6survey, including, but not limited to, the complete aggregated
7results for each base survey question, and shall submit the
8summary to the Board of Higher Education or Illinois Community
9College Board, as well as publish the summary on the
10institution's website in an easily accessible manner.
11    (c) The Task Force on Campus Sexual Misconduct Climate
12Surveys is created. The Task Force shall consist of the
13following 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;



HB2041 Enrolled- 5 -LRB103 04933 RJT 49943 b

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



HB2041 Enrolled- 6 -LRB103 04933 RJT 49943 b

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
18practicable after the effective date of this amendatory Act of
19the 102nd General Assembly. Administrative and other support
20for the Task Force shall be provided by the Board of Higher
21Education. Members of the Task Force shall serve 2-year terms
22that commence on the date of appointment. Members shall
23continue to serve until their successors are appointed. Any
24vacancy shall be filled by the appointing authority. Any
25vacancy occurring other than by expiration of the term shall
26be filled for the balance of the unexpired term. A majority of



HB2041 Enrolled- 7 -LRB103 04933 RJT 49943 b

1the Task Force shall constitute a quorum for the transaction
2of any business.
3    Members of the Task Force shall serve without compensation
4but shall be reimbursed for expenses necessarily incurred in
5the performance of their duties if funds are available.
6However, the higher education institution in which a student
7member is enrolled may compensate that student for
8participating on the Task Force through a work-study program
9or by providing a stipend to support the work of the student
10member on the Task Force.
11    (d) The Task Force shall develop and recommend to the
12Board of Higher Education and Illinois Community College Board
13the base survey for distribution to higher education
14institutions and provide the Board of Higher Education and
15Illinois Community College Board with any related
16recommendations regarding the content, timing, and application
17of the base survey. The Task Force shall deliver the base
18survey and related recommendations, including, but not limited
19to, recommendations on achieving statistically valid response
20rates, to the Board of Higher Education and Illinois Community
21College Board no less often than every 2 years and for the
22first time on or before July 31, 2023 July 31, 2022.
23Thereafter, the Task Force shall meet in the year 2025 2024 and
24in the year 2027 2026 to review the results of the survey and
25to implement updates and improvements. The Task Force is
26dissolved after the completion of the 2027 2026 base survey.



HB2041 Enrolled- 8 -LRB103 04933 RJT 49943 b

1After the dissolution of the Task Force, the Executive
2Director of the Board of Higher Education or a designee shall
3review the base survey every 2 years to consider any feedback
4that 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,
25including, but not limited to:
26        (1) the number and type of incidents, both reported to



HB2041 Enrolled- 9 -LRB103 04933 RJT 49943 b

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;



HB2041 Enrolled- 10 -LRB103 04933 RJT 49943 b

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.
17All questions on the base survey shall be optional or shall
18offer the student the option to select "I prefer not to answer"
19as a response on the survey.
20    (g) The sexual misconduct climate survey shall collect
21anonymous responses and shall not provide for the public
22disclosure of any personally identifying information. No
23institution may use or attempt to use information collected
24through the sexual misconduct climate survey to identify or
25contact any individual student on campus, nor shall the
26results of the survey be used as the basis for any type of



HB2041 Enrolled- 11 -LRB103 04933 RJT 49943 b

1investigation or disciplinary or legal proceeding.
2    (h) There shall be established within the Office of the
3Board of Higher Education and the Office of the Illinois
4Community College Board a data repository for all summaries of
5sexual misconduct climate surveys submitted by higher
6education institutions to the Board of Higher Education or
7Illinois Community College Board in accordance with subsection
8(b). The Board of Higher Education and Illinois Community
9College Board shall ensure that the sexual misconduct climate
10survey data submitted by all applicable institutions is
11available to the public in an easily accessible manner on the
12Board of Higher Education's or Illinois Community College
13Board's website.
14    (i) Each higher education institution shall publish on the
15institution'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



HB2041 Enrolled- 12 -LRB103 04933 RJT 49943 b

1College Board shall establish rules and procedures, including
2deadlines for dissemination and collection of survey
3information, consistent with the purposes of this Section and
4shall promote effective solicitation to achieve the highest
5practical response rate, collection, and publication of
6statistical information gathered from higher education
8    (k) Upon determination, after reasonable notice and
9opportunity for a hearing, that a higher education institution
10has violated or failed to carry out any provision of this
11Section or any rule adopted under this Section, the Board of
12Higher Education or Illinois Community College Board,
13whichever is applicable, may impose a civil penalty upon such
14institution not to exceed $50,000, which shall be adjusted for
15inflation annually, for each violation. The Board of Higher
16Education and Illinois Community College Board shall use any
17such civil penalty funds to provide oversight of this Section
18and to provide funding to community organizations that provide
19services to sexual assault victims. The Attorney General may
20bring an action in the circuit court to enforce the collection
21of 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
24by changing Sections 3 and 9.29 as follows:



HB2041 Enrolled- 13 -LRB103 04933 RJT 49943 b

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
4subject to confirmation by the Senate shall be selected for
56-year terms expiring on January 31 of odd numbered years.
6    (b) The members of the Board shall continue to serve after
7the expiration of their terms until their successors have been
9    (c) Vacancies on the Board in offices appointed by the
10Governor shall be filled by appointment by the Governor for
11the unexpired term. If the appointment is subject to Senate
12confirmation and the Senate is not in session or is in recess
13when the appointment is made, the appointee shall serve
14subject to subsequent Senate approval of the appointment.
15    (d) Each student member shall serve a term of one year
16beginning on July 1 of each year and until a successor is
17appointed and qualified.
18    (e) The member of the Board representing public university
19governing boards and the member of the Board representing
20private college and university boards of trustees, who are
21appointed by the Governor but not subject to confirmation by
22the Senate, shall serve terms of 3 years one year beginning on
23July 1.
24(Source: P.A. 102-1046, eff. 6-7-22.)
25    (110 ILCS 205/9.29)



HB2041 Enrolled- 14 -LRB103 04933 RJT 49943 b

1    Sec. 9.29. Tuition and fee waiver report.
2    (a) The Board of Higher Education shall annually compile
3information concerning tuition and fee waivers and tuition and
4fee waiver programs that has been provided by the Boards of
5Trustees of the University of Illinois, Southern Illinois
6University, Chicago State University, Eastern Illinois
7University, Governors State University, Illinois State
8University, Northeastern Illinois University, Northern
9Illinois University, and Western Illinois University and shall
10report its findings and recommendations concerning tuition and
11fee waivers and tuition and fee waiver programs to the General
12Assembly by filing electronic or paper copies of its report by
13December 31 of each year as provided in Section 3.1 of the
14General Assembly Organization Act.
15    (b) No later than November 1, 2023 July 1, 2020, and
16annually thereafter, each public university must submit a
17report to the Board of Higher Education on the amount of
18tuition that undergraduate, degree-seeking students attending
19the university paid in the previous academic year that
20includes 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.



HB2041 Enrolled- 15 -LRB103 04933 RJT 49943 b

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.
5The tuition costs calculated under this subsection must
6reflect the amount of tuition paid by a student after all
7scholarships, grants, and other financial assistance have been
8applied to his or her tuition charge and must reflect only the
9amounts paid by undergraduate, degree-seeking students.
10    The Board of Higher Education must annually compile and
11submit to the General Assembly, as part of the report required
12under subsection (a), the information received under this
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
17repealing Section 14.10.
18    Section 35. The Private College Act is amended by changing
19Section 15 as follows:
20    (110 ILCS 1005/15)  (from Ch. 144, par. 135)
21    Sec. 15. Any person violating any provision of this Act
22shall be guilty of a petty offense and fined not less than $25
23nor more than $10,000 $100. Each day's violation of any



HB2041 Enrolled- 16 -LRB103 04933 RJT 49943 b

1provision 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
4Section 10.10 as follows:
5    (110 ILCS 1010/10.10)
6    Sec. 10.10. Academic Quality Assurance Fund. The Academic
7Quality Assurance Fund is created as a special fund in the
8State treasury. All fees collected for the administration and
9enforcement of this Act and the Private College Act must be
10deposited into this Fund. All money in the Fund must be used,
11subject to appropriation, by the Board to supplement support
12for the administration and enforcement of this Act and the
13Private College Act and must not be used for any other purpose.
14    Rulemaking authority to implement this amendatory Act of
15the 95th General Assembly, if any, is conditioned on the rules
16being adopted in accordance with all provisions of the
17Illinois Administrative Procedure Act and all rules and
18procedures of the Joint Committee on Administrative Rules; any
19purported rule not so adopted, for whatever reason, is
21(Source: P.A. 95-1046, eff. 3-27-09.)
22    Section 99. Effective date. This Act takes effect upon
23becoming law.