HB4304 - 104th General Assembly
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| 1 | AMENDMENT TO HOUSE BILL 4304 | ||||||
| 2 | AMENDMENT NO. ______. Amend House Bill 4304 by replacing | ||||||
| 3 | everything after the enacting clause with the following: | ||||||
| 4 | "Section 1. Short title. This Act may be cited as the | ||||||
| 5 | Higher Education Student Support and Academic Freedom Act. | ||||||
| 6 | Section 5. Legislative findings. The General Assembly | ||||||
| 7 | finds that: | ||||||
| 8 | (1) this State has a compelling interest in preserving | ||||||
| 9 | the integrity, independence, and academic freedom of its | ||||||
| 10 | public institutions of higher education and in supporting | ||||||
| 11 | students' pursuit of learning, inquiry, and career | ||||||
| 12 | readiness; | ||||||
| 13 | (2) students benefit when this State affirms core | ||||||
| 14 | principles, including free inquiry, viewpoint-neutral | ||||||
| 15 | access to programs and activities, safety, | ||||||
| 16 | nondiscrimination, and academic excellence, while | ||||||
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| 1 | providing public institutions of higher education with | ||||||
| 2 | clear, workable standards; and | ||||||
| 3 | (3) this State likewise has an interest in ensuring | ||||||
| 4 | that public institutions of higher education are not | ||||||
| 5 | subjected to expansive or uncertain liabilities due to the | ||||||
| 6 | institutions' good-faith efforts at substantial | ||||||
| 7 | compliance. | ||||||
| 8 | Section 10. Student support and academic access charter. | ||||||
| 9 | (a) Inclusive and safe learning environment. Public | ||||||
| 10 | institutions of higher education shall strive to foster an | ||||||
| 11 | environment that is free from unlawful discrimination or | ||||||
| 12 | harassment based on any protected characteristic under | ||||||
| 13 | applicable law. | ||||||
| 14 | (b) Safety and respect. Public institutions of higher | ||||||
| 15 | education shall strive to maintain clear, content-neutral | ||||||
| 16 | conduct standards and reporting channels designed to address | ||||||
| 17 | unlawful discrimination, harassment, intimidation, and | ||||||
| 18 | retaliation, in accordance with applicable law. | ||||||
| 19 | (c) Accessibility. Public institutions of higher education | ||||||
| 20 | shall strive to have clear policies describing how students | ||||||
| 21 | with disabilities can request and receive reasonable | ||||||
| 22 | accommodations to enable equal academic and campus | ||||||
| 23 | participation, in accordance with applicable law and | ||||||
| 24 | educational standards. | ||||||
| 25 | (d) Free expression and academic access. Public | ||||||
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| 1 | institutions of higher education may not unlawfully infringe | ||||||
| 2 | on students' constitutional rights to free speech, press, | ||||||
| 3 | assembly, and petition. Public institutions of higher | ||||||
| 4 | education shall have the ability to adopt viewpoint-neutral | ||||||
| 5 | time, place, and manner restrictions and safeguard academic | ||||||
| 6 | freedom within pedagogically relevant contexts, in accordance | ||||||
| 7 | with applicable law. | ||||||
| 8 | (e) Freedom of association and freedom to organize. Public | ||||||
| 9 | institutions of higher education shall have the ability to | ||||||
| 10 | allow students to form and join associations, subject to | ||||||
| 11 | reasonable, viewpoint-neutral requirements for recognition and | ||||||
| 12 | funding that are consistently enforced and in accordance with | ||||||
| 13 | applicable law. | ||||||
| 14 | (f) Peaceful protest. Public institutions of higher | ||||||
| 15 | education shall have the ability to allow students to engage | ||||||
| 16 | in lawful, peaceful protest, subject to reasonable, | ||||||
| 17 | viewpoint-neutral time, place, and manner restrictions, | ||||||
| 18 | including restrictions that protect campus safety and the | ||||||
| 19 | continuity of educational operations. | ||||||
| 20 | (g) Academic transparency. Public institutions of higher | ||||||
| 21 | education shall strive to publish clear, accurate, and timely | ||||||
| 22 | information regarding courses, degree pathways, credit | ||||||
| 23 | evaluation and transferability, and graduation criteria. | ||||||
| 24 | (h) Fair evaluation. Public institutions of higher | ||||||
| 25 | education shall strive to assess academic performance based on | ||||||
| 26 | demonstrated learning and achievement and pursuant to | ||||||
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| 1 | published standards, with due regard for the professional | ||||||
| 2 | judgment of faculty. | ||||||
| 3 | (i) Educational records. Students have the right to | ||||||
| 4 | inspect, review, and request corrections to higher educational | ||||||
| 5 | records, in accordance with applicable law. | ||||||
| 6 | (j) Insulation of academic programs from undue political | ||||||
| 7 | interference. Public institutions of higher education shall | ||||||
| 8 | have the ability to ensure academic programs are guided by | ||||||
| 9 | professional and disciplinary standards and academic | ||||||
| 10 | integrity. | ||||||
| 11 | (k) Career preparation. Public institutions of higher | ||||||
| 12 | education shall strive to provide students with information | ||||||
| 13 | and opportunities in pertinent academic programs that promote | ||||||
| 14 | workforce-relevant skills, career exploration, and stackable | ||||||
| 15 | or recognized credentials of value. | ||||||
| 16 | (l) Educational quality. Public institutions of higher | ||||||
| 17 | education shall strive to provide independently accredited | ||||||
| 18 | education that integrates broad learning, cultivates | ||||||
| 19 | transferable skills, and prepares students for engaged | ||||||
| 20 | citizenship. | ||||||
| 21 | (m) Due process. Public institutions of higher education | ||||||
| 22 | shall strive to provide students with a fair disciplinary | ||||||
| 23 | process appropriate to the nature of the applicable | ||||||
| 24 | disciplinary charge, including notice of the charge, access to | ||||||
| 25 | relevant evidence if feasible, and an opportunity to be heard, | ||||||
| 26 | in accordance with applicable law. | ||||||
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| 1 | (n) Institutional accountability. Public institutions of | ||||||
| 2 | higher education shall strive to follow published policies and | ||||||
| 3 | provide internal appeal routes for adverse educational actions | ||||||
| 4 | as appropriate or required by applicable law. | ||||||
| 5 | (o) Financial transparency. Public institutions of higher | ||||||
| 6 | education shall strive to clearly disclose tuition, fees, and | ||||||
| 7 | applicable, material financial obligations prior to and during | ||||||
| 8 | enrollment. | ||||||
| 9 | (p) Refunds and withdrawals. Public institutions of higher | ||||||
| 10 | education shall have the ability to publish transparent | ||||||
| 11 | policies on tuition refunds, withdrawals, and cancellations. | ||||||
| 12 | (q) Transfer practices. Public institutions of higher | ||||||
| 13 | education shall strive to provide a timely, transparent, and | ||||||
| 14 | consistent evaluation of transfer credits using published | ||||||
| 15 | criteria. Nothing in this Act requires an acceptance of | ||||||
| 16 | credits inconsistent with any legitimate academic standards | ||||||
| 17 | the public institution of higher education deems appropriate. | ||||||
| 18 | Section 15. Construction of Act. | ||||||
| 19 | (a) This Act shall be construed in accordance with, and | ||||||
| 20 | not in conflict with, applicable federal and State law, | ||||||
| 21 | including, but not limited to, Title VI of the federal Civil | ||||||
| 22 | Rights Act of 1964, Title IX of the federal Education | ||||||
| 23 | Amendments of 1972, the federal Jeanne Clery Disclosure of | ||||||
| 24 | Campus Security Policy and Campus Crime Statistics Act, the | ||||||
| 25 | federal Family Educational Rights and Privacy Act of 1974, the | ||||||
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| 1 | federal Americans with Disabilities Act of 1990, Section 504 | ||||||
| 2 | of the federal Rehabilitation Act of 1973, and the Illinois | ||||||
| 3 | Human Rights Act. | ||||||
| 4 | (b) Nothing in this Act imposes obligations that would | ||||||
| 5 | cause a public institution of higher education to violate | ||||||
| 6 | applicable law, including any federal requirements, or risk | ||||||
| 7 | the loss of federal or other funds. | ||||||
| 8 | (c) Nothing in this Act may be construed to create | ||||||
| 9 | contractual rights or to convert institutional policies into | ||||||
| 10 | express or implied contracts. | ||||||
| 11 | (d) Nothing in this Act may be construed to grant a private | ||||||
| 12 | right of action to enforce the provisions of this Act.". | ||||||
