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Public Act 103-0288 | ||||
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AN ACT concerning education.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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(30 ILCS 105/5.719 rep.) | ||||
Section 5. The State Finance Act is amended by repealing | ||||
Section 5.719. | ||||
Section 15. The Higher Education Housing and Opportunities | ||||
Act is amended by changing Section 5 as follows: | ||||
(110 ILCS 131/5)
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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.
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(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
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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
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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).
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(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:
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(110 ILCS 205/3) (from Ch. 144, par. 183)
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Sec. 3. Terms; vacancies.
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(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.
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(b) The members of the Board shall continue to serve after | ||
the
expiration of their terms until their successors have been | ||
appointed.
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(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.
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(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.
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(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.
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(Source: P.A. 102-1046, eff. 6-7-22.)
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(110 ILCS 205/9.29)
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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
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University, Chicago
State University, Eastern Illinois | ||
University, Governors State University,
Illinois State
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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.
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(Source: P.A. 100-167, eff. 1-1-18; 101-93, eff. 1-1-20 .)
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(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 changing | ||
Section 15 as follows:
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(110 ILCS 1005/15) (from Ch. 144, par. 135)
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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.
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(Source: P.A. 84-1308.)
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Section 40. The Academic Degree Act is amended by changing | ||
Section 10.10 as follows: | ||
(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.
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(Source: P.A. 95-1046, eff. 3-27-09.)
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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