SB2202sam006 104TH GENERAL ASSEMBLY

Sen. Graciela Guzmán

Filed: 5/28/2026

10400SB2202sam006 LRB104 10374 AAS 38462 a

AMENDMENT TO SENATE BILL 2202

AMENDMENT NO. ______. Amend Senate Bill 2202, AS AMENDED, by replacing everything after the enacting clause with the following:

"Section 1. References to Act. This Act may be referred to as the Academic Freedom of Expression Act.

Section 3. Findings and encouragement.

(a) The General Assembly finds that:

(1) Institutions of higher education are essential forums for the open exchange of ideas that foster the free search for truth, robust debate, and innovation, which benefits this State and supports the tenets of a thriving democracy. Academic freedom is indispensable to this mission and therefore warrants statutory protection.

(2) Academic freedom serves not only individual interests but also the broader public interest by safeguarding the independence and integrity of teaching, learning, and scholarship, which are vital to the economic and cultural well-being of the State.

(3) Students benefit when this State affirms core principles, including free inquiry, content-neutral and viewpoint-neutral access to programs and activities, safety, nondiscrimination, and academic excellence. Institutions of higher education benefit when this State provides clear, workable standards that align with current federal and State law and when institutions are not subjected to expansive or uncertain liability due to their good-faith efforts at substantial compliance.

(4) This State has an interest in ensuring the exercise of academic freedom so that institutions of higher education are not threatened through undue influence by external pressures, including actions by public officials or governmental bodies that seek to influence or restrict teaching, research, or expression. Such actions undermine the mission of higher education and are contrary to the public interest.

(b) The General Assembly encourages the governing board of each post-secondary educational institution, as defined in the Private College Act, to adopt or amend institutional policies that incorporate, at a minimum, the academic freedoms, rights, and obligations for public institutions of higher education set forth in Section 8 of the Public Higher Education Act. The General Assembly further encourages each private post-secondary educational institution to make the institution's policies on academic freedom, if applicable, publicly available on the institution's website.

Section 5. The Public Higher Education Act is amended by adding Section 8 as follows:

(110 ILCS 167/8 new)

Sec. 8. Academic freedom.

(a) As used in this Section:

"Harassment" means unwelcome conduct based on a protected category that is so severe, pervasive, and objectively offensive that it effectively denies a person equal access to a public institution of higher education's educational programs or activities, consistent with applicable federal and State law.

"Hate crime" has the meaning given to that term in Section 12-7.1 of the Criminal Code of 2012.

"Intimidation" means a course of conduct directed at a particular individual or group that would cause a reasonable person to fear for their physical safety or the physical safety of others and that is not protected by the First Amendment to the Constitution of the United States, consistent with applicable federal and State law.

"Public institution of higher education" has the meaning given to that term in Section 5 of this Act. "Public institution of higher education" does not include laboratory schools, as defined in Section 18-8.15 of the School Code.

"Retaliation" means intimidation, threats, coercion, or discrimination against any person for the purpose of interfering with any right under this Act or due to the person reporting information, making a complaint, testifying, assisting, participating, or refusing to participate in an investigation, proceeding, or hearing regarding an alleged violation of this Act, including in an informal resolution process or in institutional grievance procedures.

"Threat" means a statement or course of conduct made with knowledge or reckless disregard that a reasonable person would interpret the statement or course of conduct as a serious expression of intent to commit an act of unlawful violence against a particular individual or group, consistent with applicable federal and State law.

(b) Every faculty member of a public institution of higher education has the right to all of the following, without fear of retaliation by the institution or discipline up to and including termination:

(1) Freedom in teaching, including the right to select pedagogical methods, course materials, and forms of assessment and to present and freely discuss the subject matter of course material, as long as such methods, materials, forms of assessment, and discussions are reasonably germane to the faculty member's field or fields of study or assigned instructional responsibilities and conducted consistent with published lawful institutional policies and standards of the discipline. Non-germane speech must not comprise a substantial portion of classroom instruction.

(2) Freedom in research, including the right to pursue, produce, publish, and disseminate scholarship-related research, subject only to professional ethics standards, published lawful institutional policies, institutional responsibilities, contractual obligations, and applicable laws and regulatory requirements governing research activities.

(3) Freedom of expression, where the faculty member is acting in an individual capacity and does not purport to represent the views of the institution unless the faculty member is authorized to do so, on matters of public concern, including the right to comment on institutional, local, State, or federal policies, practices, governance, or administration. This freedom shall be exercised in a manner consistent with applicable federal and State law.

(4) Freedom to attend a political rally or public demonstration, as long as the faculty member is not absent from class or other official responsibilities, and to write or publicly comment on political issues or related topics, as long as the faculty member is acting in an individual capacity outside the scope of their assigned institutional duties and without the use of institutional resources, consistent with applicable federal and State law and published lawful institutional policies.

Nothing in this Section shall be construed to create an inconsistent or unequal application of lawful institutional policies governing expressive activity among faculty, staff, or other employees of the public institution of higher education, except as necessary to account for differences in assigned institutional responsibilities.

(c) Every student of a public institution of higher education has the freedom or right to all of the following, without fear of retaliation by the institution or discipline:

(1) Freedom to freely discuss the subject matter of teaching material in the classroom, as long as such discussion is relevant to the course content, conducted consistent with published lawful institutional policies, and in conformity with the class management expectations established for the applicable class.

(2) Freedom in research, including the right to pursue, produce, publish, and disseminate scholarship-related research, subject only to applicable ethics standards, published lawful institutional policies, contractual obligations, and laws and regulatory requirements governing research activities.

(3) Freedom of expression on matters of public concern, including the right to comment on institutional, local, State, or federal policies, practices, governance, or administration. This freedom shall be exercised in a manner consistent with published lawful institutional policies and applicable federal and State law.

(4) Freedom to attend a political rally or public demonstration and to write or publicly comment on political issues or related topics, consistent with applicable federal and State law and published lawful institutional policies.

(5) Freedom to engage in lawful, peaceful protest in the generally accessible and open outdoor areas of campus, subject to any reasonable content-neutral and viewpoint-neutral time, place, and manner restrictions that are in furtherance of a significant institutional interest and that leave ample alternative means of expression, including restrictions that prevent conduct that is unlawful or conduct that intentionally, materially, and substantially disrupts the functioning of the institution.

(d) This Section may not be construed to:

(1) prevent this State or a public institution of higher education from enacting generally applicable academic standards, degree requirements, or governance structures developed through established shared-governance processes;

(2) limit compliance with federal or State civil rights, health and safety, or fiduciary laws;

(3) supersede any valid collective bargaining agreement provisions that afford equal or greater protection;

(4) limit the authority of an institution to regulate the speech or expressive conduct of faculty, staff, or students to the extent permitted under federal or State law and published lawful institutional policies, including through any reasonable content-neutral and viewpoint-neutral time, place, and manner restrictions that are in furtherance of a significant institutional interest and that leave ample alternative means of expression, and the regulation of speech in nonpublic forums;

(5) restrict an institution's ability to clarify that speech or expression by faculty, staff, or students is undertaken in an individual capacity and does not represent the views of the institution unless the faculty, staff, or students were expressly authorized by the institution to speak on the institution's behalf;

(6) prohibit an institution from adopting and enforcing published policies addressing unlawful harassment, discrimination, threats, intimidation, hate crimes, or conduct that intentionally, materially, and substantially disrupts the functioning of the institution or that interferes with the rights of others to participate in or benefit from institutional programs or activities, consistent with federal and State law;

(7) limit an institution's ability to publicly comment on any speech or expressive conduct of faculty, staff, or students that is inconsistent with the institution's mission or values; or

(8) impose obligations that would cause an institution to violate applicable federal or State law, including any federal civil rights requirements.

(e) No State officer or employee, member of a State governing or coordinating board, or institutional administrator may retaliate against or discipline any faculty member of a public institution of higher education for 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 federal or State law.

(f) The governing board of each public institution of higher education shall, by July 1, 2027, adopt or amend institutional policies to incorporate, at a minimum, the rights and obligations set forth in this amendatory Act of the 104th General Assembly, in consultation with recognized faculty governing bodies and, if applicable, collective bargaining representatives.

Each public institution of higher education shall make the institution's policies on academic freedom publicly available on the institution's website by July 1, 2027 and within 60 days after any subsequent revisions to the policy.

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. The Illinois Community College Board and the Board of Higher Education shall make the policies received from each institution under this subsection (f) publicly available on their respective websites by January 1, 2028 and within 60 days after any subsequent revisions to the policy. The Illinois Community College Board and the Board of Higher Education shall each submit to the General Assembly a report compiling the policies received from each institution under this subsection (f) by January 1, 2028.

(g) Alleged violations of this Section shall first be addressed through a public institution of higher education's established grievance or administrative review procedures or applicable collective bargaining agreements. A faculty member or student of an institution at the time that the institution has made or enforced any rule in violation of this Section 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. Upon motion, the court may award reasonable attorney's fees and costs, including expert witness fees and other litigation expenses, to a prevailing plaintiff in a civil action brought under this Section.

Nothing in this Section shall be construed to create a private right of action for damages against an institution.

(h) The initiation of a disciplinary process or the filing of a complaint against a person constitutes retaliation under this Section only if the initiation or filing was done for the purpose of interfering with the person's rights under this Act or was due to the person reporting information, making a complaint, testifying, assisting, or participating in an investigation, proceeding, or hearing regarding an alleged violation of this Act, and the institution lacks a reason for the initiation or filing that is not a pretext for retaliation.

An adverse action or adverse change in a faculty member's employment status or the terms and conditions of the faculty member's employment may constitute retaliation under this Section when the adverse action or adverse change results from the faculty member's protected activity under this Act. An adverse action or adverse change in a faculty member's employment status or the terms and conditions of the faculty member's employment may include, but is not limited to, the following:

(1) frequent and undesirable office changes;

(2) refusal to assign meaningful work;

(3) unsubstantiated letters of reprimand or unsatisfactory performance evaluations;

(4) demotion;

(5) reduction in pay;

(6) denial of promotion;

(7) transfer or reassignment;

(8) suspension or dismissal; or

(9) other disciplinary actions made because of the faculty member's protected activity under this Act.

An adverse action against a student may constitute retaliation under this Section when the adverse action results from the student's protected activity under this Act. An adverse action against a student may include, but is not limited to, the following:

(1) failing grades;

(2) prevention from participating in school activities;

(3) expulsion or the threat of expulsion; or

(4) other disciplinary actions made because of the student's protected activity under this Act.

Nothing in this Section prohibits a public institution of higher education from requiring a person to participate as a witness in, or otherwise assist with, an investigation, proceeding, or hearing under this Act or applicable federal or State law.

(i) This Section shall be construed in accordance with, and not in conflict with, applicable federal and State law, including, but not limited to, Title VI of the federal Civil Rights Act of 1964, Title IX of the federal Education Amendments of 1972, the federal Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act, the federal Family Educational Rights and Privacy Act of 1974, the federal Americans with Disabilities Act of 1990, Section 504 of the federal Rehabilitation Act of 1973, and the Illinois Human Rights Act.

Section 15. The Public Community College Act is amended by changing Section 2-15 as follows:

(110 ILCS 805/2-15) (from Ch. 122, par. 102-15)

Sec. 2-15. Recognition. The State Board shall grant recognition to community colleges which maintain equipment, courses of study, standards of scholarship and other requirements set by the State Board. Application for recognition shall be made to the State Board. The State Board shall set the criteria by which the community colleges shall be judged and through the executive officer of the State Board shall arrange for an official evaluation of the community colleges and shall grant recognition of such community colleges as may meet the required standards.

Recognition shall include a review of a community college's compliance with Section 8 of the Public Higher Education Act. Recognition shall also include a review of compliance with Section 3-65 of this Act and other applicable State and federal laws regarding employment contracts and compensation. Annually, the State Board shall convene an advisory committee to review the findings and make recommendations for changes or additions to the laws or the review procedures.

If a community college district fails to meet the recognition standards set by the State Board, and if the district, in accordance with: (a) generally accepted Government Auditing Standards issued by the Comptroller General of the United States, (b) auditing standards established by the American Institute of Certified Public Accountants, or (c) other applicable State and federal standards, is found by the district's auditor or the State Board working in cooperation with the district's auditor to have material deficiencies in the design or operation of financial control structures that could adversely affect the district's financial integrity and stability, or is found to have misused State or federal funds and jeopardized its participation in State or federal programs, the State Board may, notwithstanding any laws to the contrary, implement one or more of the following emergency powers:

(1) To direct the district to develop and implement a plan that addresses the budgetary, programmatic, and other relevant factors contributing to the need to implement emergency measures. The State Board shall assist in the development and shall have final approval of the plan.

(2) To direct the district to contract for educational services in accordance with Section 3-40. The State Board shall assist in the development and shall have final approval of any such contractual agreements.

(3) To approve and require revisions of the district's budget.

(4) To appoint a Financial Administrator to exercise oversight and control over the district's budget. The Financial Administrator shall serve at the pleasure of the State Board and may be an individual, partnership, corporation, including an accounting firm, or other entity determined by the State Board to be qualified to serve, and shall be entitled to compensation. Such compensation shall be provided through specific appropriations made to the State Board for that express purpose.

(5) To develop and implement a plan providing for the dissolution or reorganization of the district if in the judgment of the State Board the circumstances so require. All local funds under the control of the State Board as a result of the dissolution or reorganization of the district shall be expended by the State Board for purposes of providing educational services in the territory from which those local funds were acquired.

(Source: P.A. 103-940, eff. 8-9-24.)".