HB2041 103RD GENERAL ASSEMBLY

LRB103 04933 RJT 49943 b

103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB2041

Introduced 2/7/2023, by Rep. Katie Stuart

SYNOPSIS AS INTRODUCED:

30 ILCS 105/5.719 rep.
105 ILCS 426/75.5 new
110 ILCS 131/5
110 ILCS 155/35
110 ILCS 205/3	from Ch. 144, par. 183
110 ILCS 205/9.29
110 ILCS 1005/14.10 rep.
110 ILCS 1005/14.15 new
110 ILCS 1005/15	from Ch. 144, par. 135
110 ILCS 1010/7.5 new
110 ILCS 1010/10.10

Amends the Private Business and Vocational Schools Act of 2012. Provides that the Board of Higher Education may issue a cease and desist order to any school operating without the required permit of approval and may impose a civil penalty. Sets forth various requirements for the cease and desist order and the penalty. Amends the Private College Act and the Academic Degree Act to make similar changes. Amends the Higher Education Housing and Opportunities Act. Provides that the definition of "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 (rather than not specifying the location). Amends the Preventing Sexual Violence in Higher Education Act. Provides that the Illinois Community College Board shall administer specified provisions with the Board of Higher Education (instead of only the Board of Higher Education). Provides that the Task Force on Campus Sexual Misconduct Climate Surveys is extended for an additional year. Amends the Board of Higher Education Act. Provides that 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 (instead of one year). Makes other changes. Effective immediately.

A BILL FOR

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 10. The Private Business and Vocational Schools Act of 2012 is amended by adding Section 75.5 as follows:

(105 ILCS 426/75.5 new)

Sec. 75.5. Operating without a permit; cease and desist order. The Board may issue a cease and desist order to any school operating without the required permit of approval and may impose a civil penalty for such a violation. Each day's violation shall constitute a separate offense. The penalty for such a violation shall be a fee or other conditions as established by rule. A penalty fee may not exceed $10,000 per violation. The Attorney General may bring an action in circuit court to enforce the collection of the penalty fee.

The cease and desist order shall be issued to the school, shall contain the school's name and address and a brief factual statement, and shall identify this Act and the statutory citations of this Act allegedly violated and the penalty, if any, imposed. The cease and desist order must clearly state that the school may choose to request a hearing. If the school does not request a hearing with the Board within 30 days after the cease and desist order is served, then the cease and desist order shall become final and not subject to appeal notwithstanding anything to the contrary under Section 85 of this Act.

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 adding Section 14.15 and by changing Section 15 as follows:

(110 ILCS 1005/14.15 new)

Sec. 14.15. Operating without a certificate; cease and desist order. The Board may issue a cease and desist order to any post-secondary educational institution operating without the required certificate of approval and may impose a civil penalty for such a violation. Each day's violation shall constitute a separate offense. The penalty for such a violation shall be a fee or other conditions as established by rule. A penalty fee may not exceed $10,000 per violation. The Attorney General may bring an action in circuit court to enforce the collection of the penalty fee.

The cease and desist order shall be issued to the institution, shall contain the institution's name and address and a brief factual statement, and shall identify this Act and the statutory citations of this Act allegedly violated and the penalty, if any, imposed. The cease and desist order must clearly state that the institution may choose to request a hearing. If the institution does not request a hearing with the Board within 30 days after the cease and desist order is served, then the cease and desist order shall become final and not subject to appeal notwithstanding anything to the contrary under Section 12 of this Act.

(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 adding Section 7.5 and by changing Section 10.10 as follows:

(110 ILCS 1010/7.5 new)

Sec. 7.5. Cease and desist order. The Board may issue a cease and desist order to any educational organization or entity operating without the required authorization to operate and grant degrees. The Board may impose a civil penalty for such a violation. Each day's violation shall constitute a separate offense. The penalty for such a violation shall be a fee or other conditions as established by rule. A penalty fee may not exceed $10,000 per violation. The Attorney General may bring an action in circuit court to enforce the collection of the penalty fee.

The cease and desist order shall be issued to the educational organization or entity, shall contain the name and address of the educational organization or entity and a brief factual statement, and shall identify this Act and the statutory citations of this Act allegedly violated and the penalty, if any, imposed. The cease and desist order must state clearly that the educational organization or entity may choose to request a hearing. If the educational organization or entity does not request a hearing with the Board or its designee within 30 days after the cease and desist order is served, then the cease and desist order shall become final and not subject to appeal notwithstanding anything to the contrary under Section 10 of this Act.

(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.