Illinois General Assembly - -

(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 167/18)

Sec. 18. Immigration status and immigration enforcement.

(a) As used in this Section:

"Citizenship or immigration status" means all matters regarding citizenship of the United States or any other country or the authority or lack thereof to reside in or otherwise to be present in the United States, including an individual's nationality, country of citizenship, or status as an international student.

"Employee" means a full-time or part-time faculty member, staff member, executive leader, supervisor, clerical person, student, or contracted member of personnel employed by a school whose role involves direct, routine, or meaningful interaction with students to support their academic progress, personal development, or well-being.

"Law enforcement agent" means an agent of federal, State, or local law enforcement authorized with the power to arrest or detain individuals, or manage the custody of detained individuals, for civil immigration enforcement. "Law enforcement agent" does not include an agent of a school's police department.

"Nonjudicial warrant" means a warrant issued by a federal, State, or local governmental agency authorized with the power to arrest or detain individuals or manage the custody of detained individuals for any law enforcement purpose, including civil immigration enforcement. "Nonjudicial warrant" includes an immigration detainer or civil immigration warrant as defined in the Illinois TRUST Act. "Nonjudicial warrant" does not include a criminal warrant issued upon a judicial determination of probable cause, in compliance with the requirements of the Fourth Amendment to the United States Constitution and Section 6 of Article I of the Illinois Constitution.

"Prevailing party" includes any party:

(1) who obtains some of his or her requested relief

through a judicial judgment in his or her favor;

(2) who obtains some of his or her requested relief

through a settlement agreement approved by a court; or

(3) whose pursuit of a nonfrivolous claim was a

catalyst for a unilateral change in position by the opposing party relative to the relief sought.

"School" means a public institution of higher education as defined in Section 5.

"School campus" or "school's campus" means:

(1) any building or property owned or controlled by a

school within the same reasonably contiguous geographic area of the school and used by the school in direct support of or in a manner related to the school's educational purposes, including, but not limited to, residence halls; and

(2) property within the same reasonably contiguous

geographic area of the school that is owned by the school but controlled by another person, is used by students, and supports school purposes, including, but not limited to, a food or other retail vendor.

(b) Unless required by State or federal law or rule, a school must not perform any of the following actions:

(1) Threaten to disclose the actual or perceived

citizenship or immigration status of an employee, a student, or a person associated with an employee or student to an external party, including immigration or law enforcement agencies.

(2) Knowingly disclose, without the consent of the

employee or student, anything related to the perceived citizenship or immigration status of an employee, a student, or a person associated with an employee or student to an external party, including immigration or law enforcement agencies, if the school does not have direct knowledge of the employee's, student's, or associated person's actual citizenship or immigration status, subject to the requirements of this subsection.

(3) Knowingly disclose, without the consent of the

employee or student, anything related to the actual citizenship or immigration status of an employee, a student, or a person associated with an employee or student to any other person or nongovernmental entity if the school has direct knowledge of the employee's, student's, or associated person's actual citizenship or immigration status, subject to the requirements of this subsection.

(4) Designate immigration status, citizenship, place

of birth, nationality, or national origin as directory information, as that term is defined by State and federal law.

Nothing in this subsection may be construed to:

(A) prohibit a school from complying with all

applicable State and federal laws and rules, including, but not limited to, 8 U.S.C. 214;

(B) prohibit or restrict a school from sending to or

receiving from the United States Department of Homeland Security or any other federal, State, or local governmental entity information regarding the citizenship or immigration status of an individual under Sections 1373 and 1644 of Title 8 of the United States Code;

(C) permit the disclosure of personally identifiable

education records, as that term is defined by State or federal law, or information from those records without complying with State and federal laws and rules governing the disclosure of such records or information;

(D) prohibit schools from complying with valid

judicial warrants, orders, or subpoenas; or

(E) prohibit or restrict a school from disclosing

information necessary to respond to an administrative complaint or litigation brought against or by the school.

(c) A school must develop procedures for reviewing and authorizing requests from law enforcement agents attempting to enter a school's campus by January 1, 2026. The procedures must, at a minimum, include the following:

(1) procedures for reviewing and contacting a

designated authorized person, office, or department at the school or school facility, which person, office, or department may contact the school's legal counsel, and procedures for that authorized person, office, or department or legal counsel to review requests to enter a school's campus, including judicial warrants or orders, nonjudicial warrants, and subpoenas;

(2) procedures for documenting all interactions with

law enforcement agents while on the school's campus; and

(3) procedures for notifying and seeking consent from

an employee or student if a law enforcement agent requests access to the employee or student for immigration enforcement purposes, unless such consent is prohibited by a judicial warrant or subpoena.

(d) A school must provide information on its website about who employees and students should contact if a law enforcement agent seeks to enter the school campus, enters the school campus, or engages in nonconsensual interactions with members of the school community, including employees or students, by January 1, 2026.

(e) A school shall submit to either the Illinois Community College Board or the Illinois Board of Higher Education, as applicable, a copy of the procedures developed to implement subsections (b) and (c). The Illinois Community College Board and the Illinois Board of Higher Education shall submit to the General Assembly a report compiling the procedures received from each school under this subsection (e) by July 1, 2026.

(f) The General Assembly finds and declares that this Section is a State law within the meaning of subsection (d) of Section 1621 of Title 8 of the United States Code.

(g) By January 1, 2026, a school shall provide immigration enforcement resources on its website to help students and employees understand their constitutional rights and access immigration-related guidance. These resources may include, but are not limited to, a link to illinoisimmigrationinfo.org. This information shall be posted in a clear and easily accessible location on the school's primary website.

(h) For the purposes of this subsection, "immigration enforcement activity" includes any arrests or detentions conducted by agents or officers of the United States Department of Homeland Security, United States Immigration and Customs Enforcement, or United States Customs and Border Protection or any other individual or entity with the power to arrest or detain individuals or manage custody of detained individuals for the purposes of civil immigration enforcement.

By January 1, 2026, a school shall adopt procedures designed to:

(1) determine if an immigration enforcement activity

is occurring or has occurred on the school's campus, including verification of the first and last name, employer or agency, and badge number of the lead law enforcement agent, if possible; and

(2) notify the appropriate school-campus unit or area

if the school confirms that immigration enforcement activity is occurring or has occurred on the school's campus that, in the judgment of school law enforcement or the school's public safety office, could adversely impact school-campus safety or operations.

(i) A school may not impede students or employees from offering, attending, or participating in training on constitutional rights and immigration-related guidance, including, but not limited to, attending know-your-rights training or sharing know-your-rights flyers.

(j) Beginning January 1, 2026, any party aggrieved by conduct that violates subsection (b) may bring a civil lawsuit. This lawsuit must be brought no later than 2 years after the violation of subsection (b) or 2 years from the date the aggrieved party becomes aware of the violation of subsection (b), whichever is later. If the court finds that a willful violation of subsection (b) has occurred, the court may award actual damages. The court, as it deems appropriate, may grant, as relief, a permanent or preliminary negative or mandatory injunction, temporary restraining order, or other order.

(k) Nothing in this Section may be construed to require an exhaustion of the administrative complaint process before civil law remedies may be pursued.

(l) Upon a motion, a court shall award reasonable attorney's fees and costs, including expert witness fees and other litigation expenses, to a plaintiff who is a prevailing party in any action brought under subsection (i). In awarding reasonable attorney's fees, the court shall consider the degree to which the relief obtained relates to the relief sought.

(Source: P.A. 104-440, eff. 12-9-25.)

(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.)