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| Public Act 102-0998 | ||||
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AN ACT concerning education.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 1. Short title. This Act may be cited as the | ||||
Student Debt Assistance Act. | ||||
Section 5. Definitions. In this Act: | ||||
"Debt" means any money, obligation, claim, or sum due or | ||||
owing or alleged to be due or owing from a student to an | ||||
institution of higher education. "Debt" does not include the | ||||
fee, if any, that is charged to students by an applicable | ||||
provider for the actual cost of providing an academic | ||||
transcript to a student. | ||||
"Institution of higher education" includes, but is not | ||||
limited to, an institution to which the Private Business and | ||||
Vocational Schools Act of 2012 or the Private College Act | ||||
applies and a public institution of higher education included | ||||
in the definition of "public institutions of higher education" | ||||
under the Board of Higher Education Act. "Institution of | ||||
higher education" also includes a person engaged in the | ||||
business of providing postsecondary education, via | ||||
correspondence or online or in this State, to an individual | ||||
located in this State, regardless of whether the person has | ||||
obtained authorization from the Board of Higher Education to | ||||
operate in this State or is accredited. | ||
"Official transcript" means the academic transcript or a | ||
similar academic record of each current or former student of | ||
an institution of higher education that is deemed official, | ||
authenticated, certified, or bona fide and that contains | ||
information customarily provided on an official academic | ||
transcript, including, but not limited to, courses taken, | ||
terms, grades, degrees or credentials conferred, and any other | ||
similar information.
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"Unofficial transcript" means the academic transcript or a | ||
similar academic record of each current or former student of | ||
an institution of higher education that contains information | ||
customarily provided on an official transcript, but cannot be | ||
used to transfer academic credits to another institution of | ||
higher education.
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Section 10. Withholding of unofficial transcripts | ||
prohibited. An institution of higher education may not do any | ||
of the following: | ||
(1) Refuse to provide an unofficial transcript to a | ||
current or former student on the grounds that the student | ||
owes a debt.
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(2) Condition the provision of an unofficial | ||
transcript on the payment of a debt, other than a fee | ||
charged to provide the transcript.
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(3) Charge a higher fee for obtaining an unofficial | ||
transcript or provide less favorable treatment of a | ||
request for an unofficial transcript because a current or | ||
former student owes a debt.
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Section 15. Withholding of official transcripts. An | ||
institution of higher education: | ||
(1) must provide an official transcript of a current | ||
or former student to a current or potential employer, even | ||
if the current or former student owes a debt;
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(2) may not condition the provision of an official | ||
transcript to a current or potential employer on the | ||
payment of a debt, other than a fee charged to provide the | ||
transcript; and | ||
(3) may not charge a higher fee for transferring an | ||
official transcript to a current or potential employer or | ||
provide less favorable treatment for such a request | ||
because a current or former student owes a debt.
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Section 20. Physical or financial hardship policy. | ||
(a) Beginning with the 2022-2023 school year, every | ||
institution of higher education must have a policy instituting | ||
a financial or physical hardship withdrawal process. The | ||
process must work to limit debt owed by students who have to | ||
withdraw from the institution due to a significant financial | ||
or physical hardship and to assist those students if and when | ||
they choose to re-enroll. Types of hardship shall include, but | ||
are not limited to: | ||
(1) serious injury or illness; | ||
(2) chronic illness; | ||
(3) a medical issue of a family member in which the | ||
student has to become a part-time or full-time caretaker | ||
of that family member; | ||
(4) a mental health condition; | ||
(5) a sudden or consistent lack of transportation | ||
issue; and | ||
(6) a significant cost of living increase. | ||
(b) Information regarding the existence of the financial | ||
or physical hardship withdrawal process shall be publicized on | ||
the institution of higher education's website, and information | ||
must be given to students as part of any school orientation | ||
process. | ||
Section 25. Student debt and credit report. If an | ||
institution of higher education chooses to send a current or | ||
former student's past due debt to a debt collection agency, | ||
the past due debt may not be reported to any credit reporting | ||
agencies, except as provided by federal law.
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Section 99. Effective date. This Act takes effect upon | ||
becoming law. | ||