SB2202 - 104th General Assembly (2025-2026)
ACADEMIC FREEDOM OF EXPRESSION
Last Action
4/16/2026 - Senate: Placed on Calendar Order of 3rd Reading April 28, 2026
Statutes Amended In Order of Appearance
Synopsis As Introduced
Creates the Academic Freedom of Expression Act. Prohibits a public institution of higher education or private institution of higher education from making or enforcing a rule subjecting a student to disciplinary sanctions solely on the basis of conduct that is speech or other communication that, when engaged in outside the campus or facility of the institution, is protected from governmental restriction by the First Amendment of the United States Constitution. Allows a student enrolled in a private postsecondary institution at the time that the institution has made or enforced any rule violating the Act to commence a civil action to obtain appropriate injunctive and declaratory relief as determined by the court. Sets forth exceptions. Amends the Board of Higher Education Act. Grants the following powers to the Board of Higher Education: the power to adopt policies protecting academic freedom of speech; the power to support the Illinois Community College Board in developing its academic freedom of speech policies; and the power to establish and enforce rules requiring private institutions of higher education to develop and implement plans related to academic freedom of speech within a reasonable deadline. Amends the Public Community College Act. Grants the following power to the Illinois Community College Board: the power to create and enforce rules which ensure that all faculty members are entitled to freedom in the classroom in discussing their subject where such freedom shall be extended within the confines of the course outcomes, degree or program requirements, and accreditation requirements; and the power to create and enforce rules which ensure that faculty members and students are entitled to full freedom in research and in the publication of the results.
Senate Committee Amendment No. 2
Deletes reference to:
Adds reference to:
Replaces everything after the enacting clause. Amends the Public Higher Education Act. Provides that every faculty member or accredited academic unit of a public institution of higher education has the right to freedom in teaching, freedom in research, and freedom of expression on matters of public concern. Prohibits, with exceptions, a State officer or employee, member of a State governing or coordinating board, or institutional administrator from directing, coercing, or penalizing any faculty member concerning the specific content, viewpoint, or method of the faculty member's teaching or scholarship. Requires the governing board of each public institution of higher education to adopt or amend institutional policies to incorporate these rights and obligations. Allows a faculty member, academic unit, or recognized faculty organization aggrieved by a violation to bring a civil action in the circuit court of any county in which the public institution of higher education is located for injunctive relief, damages, reinstatement, or reasonable attorney's fees. Amends the Board of Higher Education Act. Requires the Board of Higher Education to adopt rules requiring the governing board of each public university to adopt policies protecting academic freedom of speech and rules requiring private institutions of higher education to develop and implement plans related to academic freedom of speech. Amends the Public Community College Act. Grants to the Illinois Community College Board the power and duty to (i) adopt rules that ensure that all faculty members of a community college are entitled to freedom in the classroom in discussing their subject and (ii) adopt rules that ensure that faculty members and students at a community college are entitled to full freedom in research and in the publication of the results of that research. Requires the board of trustees of a community college district to adopt all necessary rules that are at least as stringent as the Illinois Community College Board's rules.
Senate Floor Amendment No. 3
Deletes reference to:
Adds reference to:
Replaces everything after the enacting clause. Amends the Public Higher Education Act. Provides that every faculty member of a public institution of higher education has the right to certain freedoms without fear of direct or indirect retaliation by the institution or discipline up to and including termination. Provides that every student of a public institution of higher education has the right to certain freedoms without fear of direct or indirect retaliation by the institution or discipline. Prohibits, with exceptions, a State officer or employee, member of a State governing or coordinating board, or institutional administrator from penalizing any faculty member of a public institution of higher education concerning the specific content of, viewpoints presented in, or method of the faculty member's teaching or scholarship, except as necessary to ensure that a faculty member's teaching or scholarship is reasonably germane to the faculty member's field or fields of study or assigned instructional responsibilities and that non-germane speech does not comprise a substantial portion of classroom instruction or to comply with applicable law. Requires the governing board of each public institution of higher education to adopt or amend institutional policies to incorporate these rights and obligations by July 1, 2027. Provides that each public institution of higher education shall submit the institution's policies on academic freedom to the Illinois Community College Board or the Board of Higher Education, whichever is applicable, by July 1, 2027 and within 60 days after any subsequent revisions to the policy. Provides that a faculty member or student of a public institution of higher education at the time that the institution has made or enforced any rule in violation of the amendatory provisions may commence a civil action to obtain appropriate injunctive and declaratory relief as determined by a court if the faculty member or student has first exhausted applicable institutional grievance or administrative review procedures or remedies available under any applicable collective bargaining agreement. Amends the Public Community College Act. Provides that recognition by the State Board of community colleges shall include a review of a community college's compliance with the amendatory provisions. Makes other changes.
Actions
| Date | Chamber | Action |
|---|---|---|
| 2/07/2025 | Senate | Filed with Secretary by Sen. Graciela Guzmán |
| 2/07/2025 | Senate | First Reading |
| 2/07/2025 | Senate | Referred to Assignments |
| 2/11/2025 | Senate | Added as Co-Sponsor Sen. Rachel Ventura |
| 4/08/2025 | Senate | Assigned to Executive |
| 4/08/2025 | Senate | Rule 2-10 Committee Deadline Established As April 11, 2025 |
| 4/11/2025 | Senate | Rule 2-10 Committee/3rd Reading Deadline Established As May 9, 2025 |
| 5/09/2025 | Senate | Rule 2-10 Committee/3rd Reading Deadline Established As May 23, 2025 |
| 5/23/2025 | Senate | Rule 2-10 Committee/3rd Reading Deadline Established As June 1, 2025 |
| 6/02/2025 | Senate | Rule 3-9(a) / Re-referred to Assignments |
| 1/27/2026 | Senate | Re-assigned to Executive |
| 2/27/2026 | Senate | Senate Committee Amendment No. 1 Filed with Secretary by Sen. Graciela Guzmán |
| 2/27/2026 | Senate | Senate Committee Amendment No. 1 Referred to Assignments |
| 2/27/2026 | Senate | Added as Chief Co-Sponsor Sen. Robert Peters |
| 3/03/2026 | Senate | Senate Committee Amendment No. 1 Assignments Refers to Executive |
| 3/06/2026 | Senate | Senate Committee Amendment No. 2 Filed with Secretary by Sen. Graciela Guzmán |
| 3/06/2026 | Senate | Senate Committee Amendment No. 2 Referred to Assignments |
| 3/10/2026 | Senate | Senate Committee Amendment No. 2 Assignments Refers to Executive |
| 3/11/2026 | Senate | Senate Committee Amendment No. 1 Postponed - Executive |
| 3/11/2026 | Senate | Senate Committee Amendment No. 2 Adopted |
| 3/11/2026 | Senate | Do Pass as Amended Executive; 009-003-000 |
| 3/11/2026 | Senate | Placed on Calendar Order of 2nd Reading March 12, 2026 |
| 4/15/2026 | Senate | Senate Floor Amendment No. 3 Filed with Secretary by Sen. Graciela Guzmán |
| 4/15/2026 | Senate | Senate Floor Amendment No. 3 Referred to Assignments |
| 4/15/2026 | Senate | Senate Floor Amendment No. 3 Assignments Refers to Executive |
| 4/15/2026 | Senate | Senate Floor Amendment No. 3 Recommend Do Adopt Executive; 012-000-000 |
| 4/16/2026 | Senate | Second Reading |
| 4/16/2026 | Senate | Senate Floor Amendment No. 3 Adopted; Guzman |
| 4/16/2026 | Senate | Placed on Calendar Order of 3rd Reading April 28, 2026 |
| 4/17/2026 | Senate | Rule 2-10 Third Reading Deadline Established As May 8, 2026 |