Public Act 0690 104TH GENERAL ASSEMBLY

HB4979 Enrolled LRB104 19765 LNS 33215 b

Public Act 104-0690

AN ACT concerning education.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. 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 and Executive Director of the Illinois Community College Board.

"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part-time, full-time, or as an extension student, including any person who has taken a leave of absence or who has withdrawn from the higher education institution due to being a victim of sexual misconduct.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) Beginning after the effective date of this amendatory Act of the 104th General Assembly, each higher education institution shall biennially 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;

(9) the Executive Director of the Illinois Community College Board or a designee;

(10) the following members appointed by the Board of Higher Education:

(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 representative of the University of Illinois recommended by the president of the university;

(D) one member who is a representative of private colleges and universities recommended by the Federation of Independent Illinois Colleges and Universities;

(E) one member who is a chief student service officer at a public or private university; and

(F) one member with expertise in institutional research within a 4-year institution of higher education;

(11) the following members appointed by the Illinois Community College Board:

(A) one member who is a student attending a community college in Illinois;

(B) one member who is a representative of the community college system recommended by the Illinois Council of Community College Presidents;

(C) one member who is a chief student service office at a community college;

(D) one member with expertise in institutional research within a 2-year institution of higher education; and

(12) the following members appointed by the Governor:

(A) (Blank);

(B) (Blank);

(C) (Blank);

(D) (Blank);

(E) (Blank);

(F) (Blank);

(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. Beginning after the effective date of this amendatory Act of the 104th General Assembly, the Task Force shall meet to recommend updates and revisions to the base survey. The Task Force is dissolved after the completion of the 2027 base survey. After the dissolution of the Task Force, the Executive Director of the Board of Higher Education or a designee and the Executive Director of the Illinois Community College Board 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, specifically the survey design should consider survey length and time to complete, respondent experience, minimization of question redundancy, and question skip logic and branching dependent on the respondent answers;

(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, such as 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) (Blank).

(Source: P.A. 103-288, eff. 7-28-23; 104-127, eff. 1-1-26.)

Section 10. The Board of Higher Education Act is amended by changing Section 3 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 serve 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 beginning on July 1.

(Source: P.A. 102-1046, eff. 6-7-22; 103-288, eff. 7-28-23.)

Section 15. The University of Illinois Act is amended by changing Section 122 as follows:

(110 ILCS 305/122)

Sec. 122. Academic major report. The Board of Trustees shall provide to each enrolled student, at the time the student declares or changes his or her academic major or program of study, a report that contains relevant, independent, and accurate data related to the student's major or program of study and to the current occupational outlook associated with that major or program of study. The report shall provide the student with all of the following information:

(1) The estimated cost of his or her education associated with pursuing a degree in that major or program of study.

(2) The average monthly student loan payment over a period of 10 20 years based on the estimated cost of his or her education under paragraph (1).

(3) The percentage of graduate jobs in which average job placement rate within 12 months after graduation for a graduate who holds a degree in that major or program of study remains continuously employed with the same employer in this State for 3 consecutive fiscal quarters.

(4) The average entry-level wage or salary for an occupation related to that major or program of study.

(5) The average wage or salary 5 years after entry into an occupation under paragraph (4).

(Source: P.A. 102-214, eff. 1-1-22; 102-813, eff. 5-13-22.)

Section 20. The Southern Illinois University Management Act is amended by changing Section 102 as follows:

(110 ILCS 520/102)

Sec. 102. Academic major report. The Board shall provide to each enrolled student, at the time the student declares or changes his or her academic major or program of study, a report that contains relevant, independent, and accurate data related to the student's major or program of study and to the current occupational outlook associated with that major or program of study. The report shall provide the student with all of the following information:

(1) The estimated cost of his or her education associated with pursuing a degree in that major or program of study.

(2) The average monthly student loan payment over a period of 10 20 years based on the estimated cost of his or her education under paragraph (1).

(3) The percentage of graduate jobs in which average job placement rate within 12 months after graduation for a graduate who holds a degree in that major or program of study remains continuously employed with the same employer in this State for 3 consecutive fiscal quarters.

(4) The average entry-level wage or salary for an occupation related to that major or program of study.

(5) The average wage or salary 5 years after entry into an occupation under paragraph (4).

(Source: P.A. 102-214, eff. 1-1-22; 102-813, eff. 5-13-22.)

Section 25. The Chicago State University Law is amended by changing Section 5-212 as follows:

(110 ILCS 660/5-212)

Sec. 5-212. Academic major report. The Board shall provide to each enrolled student, at the time the student declares or changes his or her academic major or program of study, a report that contains relevant, independent, and accurate data related to the student's major or program of study and to the current occupational outlook associated with that major or program of study. The report shall provide the student with all of the following information:

(1) The estimated cost of his or her education associated with pursuing a degree in that major or program of study.

(2) The average monthly student loan payment over a period of 10 20 years based on the estimated cost of his or her education under paragraph (1).

(3) The percentage of graduate jobs in which average job placement rate within 12 months after graduation for a graduate who holds a degree in that major or program of study remains continuously employed with the same employer in this State for 3 consecutive fiscal quarters.

(4) The average entry-level wage or salary for an occupation related to that major or program of study.

(5) The average wage or salary 5 years after entry into an occupation under paragraph (4).

(Source: P.A. 102-214, eff. 1-1-22; 102-813, eff. 5-13-22.)

Section 30. The Eastern Illinois University Law is amended by changing Section 10-212 as follows:

(110 ILCS 665/10-212)

Sec. 10-212. Academic major report. The Board shall provide to each enrolled student, at the time the student declares or changes his or her academic major or program of study, a report that contains relevant, independent, and accurate data related to the student's major or program of study and to the current occupational outlook associated with that major or program of study. The report shall provide the student with all of the following information:

(1) The estimated cost of his or her education associated with pursuing a degree in that major or program of study.

(2) The average monthly student loan payment over a period of 10 20 years based on the estimated cost of his or her education under paragraph (1).

(3) The percentage of graduate jobs in which average job placement rate within 12 months after graduation for a graduate who holds a degree in that major or program of study remains continuously employed with the same employer in this State for 3 consecutive fiscal quarters.

(4) The average entry-level wage or salary for an occupation related to that major or program of study.

(5) The average wage or salary 5 years after entry into an occupation under paragraph (4).

(Source: P.A. 102-214, eff. 1-1-22; 102-813, eff. 5-13-22.)

Section 35. The Governors State University Law is amended by changing Section 15-212 as follows:

(110 ILCS 670/15-212)

Sec. 15-212. Academic major report. The Board shall provide to each enrolled student, at the time the student declares or changes his or her academic major or program of study, a report that contains relevant, independent, and accurate data related to the student's major or program of study and to the current occupational outlook associated with that major or program of study. The report shall provide the student with all of the following information:

(1) The estimated cost of his or her education associated with pursuing a degree in that major or program of study.

(2) The average monthly student loan payment over a period of 10 20 years based on the estimated cost of his or her education under paragraph (1).

(3) The percentage of graduate jobs in which average job placement rate within 12 months after graduation for a graduate who holds a degree in that major or program of study remains continuously employed with the same employer in this State for 3 consecutive fiscal quarters.

(4) The average entry-level wage or salary for an occupation related to that major or program of study.

(5) The average wage or salary 5 years after entry into an occupation under paragraph (4).

(Source: P.A. 102-214, eff. 1-1-22; 102-813, eff. 5-13-22.)

Section 40. The Illinois State University Law is amended by changing Section 20-217 as follows:

(110 ILCS 675/20-217)

Sec. 20-217. Academic major report. The Board shall provide to each enrolled student, at the time the student declares or changes his or her academic major or program of study, a report that contains relevant, independent, and accurate data related to the student's major or program of study and to the current occupational outlook associated with that major or program of study. The report shall provide the student with all of the following information:

(1) The estimated cost of his or her education associated with pursuing a degree in that major or program of study.

(2) The average monthly student loan payment over a period of 10 20 years based on the estimated cost of his or her education under paragraph (1).

(3) The percentage of graduate jobs in which average job placement rate within 12 months after graduation for a graduate who holds a degree in that major or program of study remains continuously employed with the same employer in this State for 3 consecutive fiscal quarters.

(4) The average entry-level wage or salary for an occupation related to that major or program of study.

(5) The average wage or salary 5 years after entry into an occupation under paragraph (4).

(Source: P.A. 102-214, eff. 1-1-22; 102-813, eff. 5-13-22.)

Section 45. The Northeastern Illinois University Law is amended by changing Section 25-212 as follows:

(110 ILCS 680/25-212)

Sec. 25-212. Academic major report. The Board shall provide to each enrolled student, at the time the student declares or changes his or her academic major or program of study, a report that contains relevant, independent, and accurate data related to the student's major or program of study and to the current occupational outlook associated with that major or program of study. The report shall provide the student with all of the following information:

(1) The estimated cost of his or her education associated with pursuing a degree in that major or program of study.

(2) The average monthly student loan payment over a period of 10 20 years based on the estimated cost of his or her education under paragraph (1).

(3) The percentage of graduate jobs in which average job placement rate within 12 months after graduation for a graduate who holds a degree in that major or program of study remains continuously employed with the same employer in this State for 3 consecutive fiscal quarters.

(4) The average entry-level wage or salary for an occupation related to that major or program of study.

(5) The average wage or salary 5 years after entry into an occupation under paragraph (4).

(Source: P.A. 102-214, eff. 1-1-22; 102-813, eff. 5-13-22.)

Section 50. The Northern Illinois University Law is amended by changing Section 30-222 as follows:

(110 ILCS 685/30-222)

Sec. 30-222. Academic major report. The Board shall provide to each enrolled student, at the time the student declares or changes his or her academic major or program of study, a report that contains relevant, independent, and accurate data related to the student's major or program of study and to the current occupational outlook associated with that major or program of study. The report shall provide the student with all of the following information:

(1) The estimated cost of his or her education associated with pursuing a degree in that major or program of study.

(2) The average monthly student loan payment over a period of 10 20 years based on the estimated cost of his or her education under paragraph (1).

(3) The percentage of graduate jobs in which average job placement rate within 12 months after graduation for a graduate who holds a degree in that major or program of study remains continuously employed with the same employer in this State for 3 consecutive fiscal quarters.

(4) The average entry-level wage or salary for an occupation related to that major or program of study.

(5) The average wage or salary 5 years after entry into an occupation under paragraph (4).

(Source: P.A. 102-214, eff. 1-1-22; 102-813, eff. 5-13-22.)

Section 55. The Western Illinois University Law is amended by changing Section 35-217 as follows:

(110 ILCS 690/35-217)

Sec. 35-217. Academic major report. The Board shall provide to each enrolled student, at the time the student declares or changes his or her academic major or program of study, a report that contains relevant, independent, and accurate data related to the student's major or program of study and to the current occupational outlook associated with that major or program of study. The report shall provide the student with all of the following information:

(1) The estimated cost of his or her education associated with pursuing a degree in that major or program of study.

(2) The average monthly student loan payment over a period of 10 20 years based on the estimated cost of his or her education under paragraph (1).

(3) The percentage of graduate jobs in which average job placement rate within 12 months after graduation for a graduate who holds a degree in that major or program of study remains continuously employed with the same employer in this State for 3 consecutive fiscal quarters.

(4) The average entry-level wage or salary for an occupation related to that major or program of study.

(5) The average wage or salary 5 years after entry into an occupation under paragraph (4).

(Source: P.A. 102-214, eff. 1-1-22; 102-813, eff. 5-13-22.)

Section 60. The Higher Education in Prison Act is amended by changing Section 5 as follows:

(730 ILCS 225/5)

Sec. 5. Higher education in prison programs.

(a) In this Section, "higher education" means post-secondary academic education at the undergraduate or graduate level in a community college or university setting.

(b) On or before September 1 of the year following the effective date of this Act and each subsequent September 1, the Department of Corrections shall release a report, to be published on the Department of Corrections's Internet website, detailing the following information pertaining to higher education within Department institutions and facilities:

(1) the number of unique individuals involved in adult basic education, high school equivalency, and credit and non-credit bearing higher education programs over the course of the fiscal year;

(2) the racial, ethnic, age, and gender breakdown of committed persons participating in higher education programs;

(3) the length of sentence and length of remaining sentence of persons enrolled in higher education programs;

(4) the number of committed persons who are on waiting lists for participation in all educational programs, including adult basic education, high school equivalency, and higher education, and the average length of time spent on each waiting list, including a breakdown by length of remaining sentence;

(5) the total amount of earned program sentence credit awarded to committed persons for participating in higher education programs and the percentage of committed persons participating in higher education programs that are awarded earned program sentence credit;

(6) the number, category, and ultimate resolution of grievances related to higher education programs;

(7) a financial statement that includes annual and monthly expenditures of Department of Corrections institutions and facilities on adult basic education, high school equivalency, and higher education programs; and

(8) an explanation of how participation in adult basic education, high school equivalency, and higher education programs is factored into a committed persons' risk assessment score.

Personal, identifiable information shall be redacted to protect privacy.

The report must be filed with the Governor and General Assembly.

(c) The data provided in the report under subsection (b) shall include an aggregate chart at the Department level and individual reports by each correctional institution or facility of the Department of Corrections.

(d) To facilitate the collection of information on higher education in prison (HEP) programs, each 4-year public or private institution of higher education with HEP degree or certificate programs shall provide the Board of Higher Education with student-level information as part of its regular agency data-collection processes. Each public community college with HEP degree or certificate programs shall provide the Illinois Community College Board with student-level information as part of its regular agency data-collection processes. Upon request, the student-level information shall include the correctional facility in which the HEP program is being offered. The information provided to the Board of Higher Education and the Illinois Community College Board shall include HEP enrollment and completion data disaggregated by variables, including, but not limited to, race, ethnicity, gender, age, and type of degree or certificate. The Board of Higher Education and the Illinois Community College Board shall annually make HEP program data publicly available on their Internet websites, as long as public disclosure conforms with State and federal student privacy standards and laws. The Board of Higher Education and the Illinois Community College Board shall determine the form in which HEP program data is made publicly available to protect student privacy.

(Source: P.A. 103-541, eff. 1-1-24; 104-417, eff. 8-15-25.)

Section 99. Effective date. This Act takes effect upon becoming law.