Public Act 103-1020
 
SB3581 EnrolledLRB103 37914 RJT 68046 b

    AN ACT concerning education.
 
    Be it enacted by the People of the State of Illinois, 
represented in the General Assembly:
 
    Section 3. The School Code is amended by changing Section 
22-93 as follows:
 
    (105 ILCS 5/22-93)
    Sec. 22-93. School guidance counselor; gift ban.
    (a) In this Section:
    "School Guidance counselor" means a person employed by a 
school district and working in a high school to offer students 
advice and assistance in making career or college plans.
    "Prohibited source" means any person who is employed by an 
institution of higher education or is an agent or spouse of or 
an immediate family member living with a person employed by an 
institution of higher education.
    "Relative" means an individual related to another as 
father, mother, son, daughter, brother, sister, uncle, aunt, 
great-aunt, great-uncle, first cousin, nephew, niece, husband, 
wife, grandfather, grandmother, grandson, granddaughter, 
father-in-law, mother-in-law, son-in-law, daughter-in-law, 
brother-in-law, sister-in-law, stepfather, stepmother, 
stepson, stepdaughter, stepbrother, stepsister, half brother, 
or half sister or the father, mother, grandfather, or 
grandmother of the individual's spouse or the individual's 
fiance or fiancee.
    (b) A school guidance counselor may not intentionally 
solicit or accept any gift from a prohibited source or solicit 
or accept a gift that would be in violation of any federal or 
State statute or rule. A prohibited source may not 
intentionally offer or make a gift that violates this Section.
    (c) The prohibition in subsection (b) does not apply to 
any of the following:
        (1) Opportunities, benefits, and services that are 
    available on the same conditions as for the general 
    public.
        (2) Anything for which the school guidance counselor 
    pays the market value.
        (3) A gift from a relative.
        (4) Anything provided by an individual on the basis of 
    a personal friendship, unless the school guidance 
    counselor has reason to believe that, under the 
    circumstances, the gift was provided because of the 
    official position or employment of the school guidance 
    counselor and not because of the personal friendship. In 
    determining whether a gift is provided on the basis of 
    personal friendship, the school guidance counselor must 
    consider the circumstances in which the gift was offered, 
    including any of the following:
            (A) The history of the relationship between the 
        individual giving the gift and the school guidance 
        counselor, including any previous exchange of gifts 
        between those individuals.
            (B) Whether, to the actual knowledge of the school 
        guidance counselor, the individual who gave the gift 
        personally paid for the gift or sought a tax deduction 
        or business reimbursement for the gift.
            (C) Whether, to the actual knowledge of the school 
        guidance counselor, the individual who gave the gift 
        also, at the same time, gave the same or a similar gift 
        to other school district employees.
        (5) Bequests, inheritances, or other transfers at 
    death.
        (6) Any item or items from any one prohibited source 
    during any calendar year having a cumulative total value 
    of less than $100.
        (7) Promotional materials, including, but not limited 
    to, pens, pencils, banners, posters, and pennants. 
        (8) Travel, lodging, food, and beverage costs incurred 
    by the school counselor and paid by an institution of 
    higher education for attendance by the school counselor of 
    an educational or military program at the institution of 
    higher education. Any costs paid for by the institution of 
    higher education may not exceed the per diem rates for 
    travel, gift, and car expenses set by the federal Internal 
    Revenue Service and referenced in the Internal Revenue 
    Service's Publication 463 or a successor publication. As 
    used in this paragraph (8), "institution of higher 
    education" means any publicly or privately operated 
    university or college, public community college, business, 
    technical, or vocational school, military academy, or 
    other educational institution offering degrees and 
    instruction beyond the secondary school level. 
    Each exception listed under this subsection is mutually 
exclusive and independent of one another.
    (d) A school guidance counselor is not in violation of 
this Section if he or she promptly takes reasonable action to 
return the gift to the prohibited source or donates the gift or 
an amount equal to its value to an appropriate charity that is 
exempt from income taxation under Section 501(c)(3) of the 
Internal Revenue Code of 1986.
    A school guidance counselor or prohibited source who 
intentionally violates this Section is guilty of a business 
offense and is subject to a fine of at least $1,001 and up to 
$5,000. 
(Source: P.A. 102-327, eff. 1-1-22; 102-813, eff. 5-13-22.)
 
    Section 5. The University of Illinois Act is amended by 
adding Section 180 as follows:
 
    (110 ILCS 305/180 new)
    Sec. 180. Enrollment reporting.
    (a) The Board of Trustees shall report to the Board of 
Higher Education by the 15th business day after the start of 
the academic year all of the following student enrollment 
data:
        (1) The number of students enrolled at the start of 
    the previous academic year.
        (2) The number of students enrolled full time at the 
    start of the previous academic year.
        (3) The number of students enrolled at the start of 
    the current academic year.
        (4) The number of students enrolled full time at the 
    start of the current academic year.
        (5) The number of students enrolled in online learning 
    at the start of the previous academic year.
        (6) The number of students enrolled in in-person 
    learning at the start of the previous academic year.
        (7) The number of students enrolled in online learning 
    at the start of the current academic year.
        (8) The number of students enrolled in in-person 
    learning at the start of the current academic year.
        (9) The rolling average number of students enrolled 
    over the previous 5 academic years.
    (b) The Board of Higher Education shall post the student 
enrollment data reported under subsection (a) on its Internet 
website. 
 
    Section 10. The Southern Illinois University Management 
Act is amended by adding Section 155 as follows:
 
    (110 ILCS 520/155 new)
    Sec. 155. Enrollment reporting.
    (a) The Board shall report to the Board of Higher 
Education by the 15th business day after the start of the 
academic year all of the following student enrollment data:
        (1) The number of students enrolled at the start of 
    the previous academic year.
        (2) The number of students enrolled full time at the 
    start of the previous academic year.
        (3) The number of students enrolled at the start of 
    the current academic year.
        (4) The number of students enrolled full time at the 
    start of the current academic year.
        (5) The number of students enrolled in online learning 
    at the start of the previous academic year.
        (6) The number of students enrolled in in-person 
    learning at the start of the previous academic year.
        (7) The number of students enrolled in online learning 
    at the start of the current academic year.
        (8) The number of students enrolled in in-person 
    learning at the start of the current academic year.
        (9) The rolling average number of students enrolled 
    over the previous 5 academic years.
    (b) The Board of Higher Education shall post the student 
enrollment data reported under subsection (a) on its Internet 
website. 
 
    Section 15. The Chicago State University Law is amended by 
adding Section 5-265 as follows:
 
    (110 ILCS 660/5-265 new)
    Sec. 5-265. Enrollment reporting.
    (a) The Board shall report to the Board of Higher 
Education by the 15th business day after the start of the 
academic year all of the following student enrollment data:
        (1) The number of students enrolled at the start of 
    the previous academic year.
        (2) The number of students enrolled full time at the 
    start of the previous academic year.
        (3) The number of students enrolled at the start of 
    the current academic year.
        (4) The number of students enrolled full time at the 
    start of the current academic year.
        (5) The number of students enrolled in online learning 
    at the start of the previous academic year.
        (6) The number of students enrolled in in-person 
    learning at the start of the previous academic year.
        (7) The number of students enrolled in online learning 
    at the start of the current academic year.
        (8) The number of students enrolled in in-person 
    learning at the start of the current academic year.
        (9) The rolling average number of students enrolled 
    over the previous 5 academic years.
    (b) The Board of Higher Education shall post the student 
enrollment data reported under subsection (a) on its Internet 
website. 
 
    Section 20. The Eastern Illinois University Law is amended 
by adding Section 10-270 as follows:
 
    (110 ILCS 665/10-270 new)
    Sec. 10-270. Enrollment reporting.
    (a) The Board shall report to the Board of Higher 
Education by the 15th business day after the start of the 
academic year all of the following student enrollment data:
        (1) The number of students enrolled at the start of 
    the previous academic year.
        (2) The number of students enrolled full time at the 
    start of the previous academic year.
        (3) The number of students enrolled at the start of 
    the current academic year.
        (4) The number of students enrolled full time at the 
    start of the current academic year.
        (5) The number of students enrolled in online learning 
    at the start of the previous academic year.
        (6) The number of students enrolled in in-person 
    learning at the start of the previous academic year.
        (7) The number of students enrolled in online learning 
    at the start of the current academic year.
        (8) The number of students enrolled in in-person 
    learning at the start of the current academic year.
        (9) The rolling average number of students enrolled 
    over the previous 5 academic years.
    (b) The Board of Higher Education shall post the student 
enrollment data reported under subsection (a) on its Internet 
website. 
 
    Section 25. The Governors State University Law is amended 
by adding Section 15-265 as follows:
 
    (110 ILCS 670/15-265 new)
    Sec. 15-265. Enrollment reporting.
    (a) The Board shall report to the Board of Higher 
Education by the 15th business day after the start of the 
academic year all of the following student enrollment data:
        (1) The number of students enrolled at the start of 
    the previous academic year.
        (2) The number of students enrolled full time at the 
    start of the previous academic year.
        (3) The number of students enrolled at the start of 
    the current academic year.
        (4) The number of students enrolled full time at the 
    start of the current academic year.
        (5) The number of students enrolled in online learning 
    at the start of the previous academic year.
        (6) The number of students enrolled in in-person 
    learning at the start of the previous academic year.
        (7) The number of students enrolled in online learning 
    at the start of the current academic year.
        (8) The number of students enrolled in in-person 
    learning at the start of the current academic year.
        (9) The rolling average number of students enrolled 
    over the previous 5 academic years.
    (b) The Board of Higher Education shall post the student 
enrollment data reported under subsection (a) on its Internet 
website. 
 
    Section 30. The Illinois State University Law is amended 
by adding Section 20-275 as follows:
 
    (110 ILCS 675/20-275 new)
    Sec. 20-275. Enrollment reporting.
    (a) The Board shall report to the Board of Higher 
Education by the 15th business day after the start of the 
academic year all of the following student enrollment data:
        (1) The number of students enrolled at the start of 
    the previous academic year.
        (2) The number of students enrolled full time at the 
    start of the previous academic year.
        (3) The number of students enrolled at the start of 
    the current academic year.
        (4) The number of students enrolled full time at the 
    start of the current academic year.
        (5) The number of students enrolled in online learning 
    at the start of the previous academic year.
        (6) The number of students enrolled in in-person 
    learning at the start of the previous academic year.
        (7) The number of students enrolled in online learning 
    at the start of the current academic year.
        (8) The number of students enrolled in in-person 
    learning at the start of the current academic year.
        (9) The rolling average number of students enrolled 
    over the previous 5 academic years.
    (b) The Board of Higher Education shall post the student 
enrollment data reported under subsection (a) on its Internet 
website. 
 
    Section 35. The Northeastern Illinois University Law is 
amended by adding Section 25-270 as follows:
 
    (110 ILCS 680/25-270 new)
    Sec. 25-270. Enrollment reporting.
    (a) The Board shall report to the Board of Higher 
Education by the 15th business day after the start of the 
academic year all of the following student enrollment data:
        (1) The number of students enrolled at the start of 
    the previous academic year.
        (2) The number of students enrolled full time at the 
    start of the previous academic year.
        (3) The number of students enrolled at the start of 
    the current academic year.
        (4) The number of students enrolled full time at the 
    start of the current academic year.
        (5) The number of students enrolled in online learning 
    at the start of the previous academic year.
        (6) The number of students enrolled in in-person 
    learning at the start of the previous academic year.
        (7) The number of students enrolled in online learning 
    at the start of the current academic year.
        (8) The number of students enrolled in in-person 
    learning at the start of the current academic year.
        (9) The rolling average number of students enrolled 
    over the previous 5 academic years.
    (b) The Board of Higher Education shall post the student 
enrollment data reported under subsection (a) on its Internet 
website. 
 
    Section 40. The Northern Illinois University Law is 
amended by adding Section 30-280 as follows:
 
    (110 ILCS 685/30-280 new)
    Sec. 30-280. Enrollment reporting.
    (a) The Board shall report to the Board of Higher 
Education by the 15th business day after the start of the 
academic year all of the following student enrollment data:
        (1) The number of students enrolled at the start of 
    the previous academic year.
        (2) The number of students enrolled full time at the 
    start of the previous academic year.
        (3) The number of students enrolled at the start of 
    the current academic year.
        (4) The number of students enrolled full time at the 
    start of the current academic year.
        (5) The number of students enrolled in online learning 
    at the start of the previous academic year.
        (6) The number of students enrolled in in-person 
    learning at the start of the previous academic year.
        (7) The number of students enrolled in online learning 
    at the start of the current academic year.
        (8) The number of students enrolled in in-person 
    learning at the start of the current academic year.
        (9) The rolling average number of students enrolled 
    over the previous 5 academic years.
    (b) The Board of Higher Education shall post the student 
enrollment data reported under subsection (a) on its Internet 
website. 
 
    Section 45. The Western Illinois University Law is amended 
by adding Section 35-275 as follows:
 
    (110 ILCS 690/35-275 new)
    Sec. 35-275. Enrollment reporting.
    (a) The Board shall report to the Board of Higher 
Education by the 15th business day after the start of the 
academic year all of the following student enrollment data:
        (1) The number of students enrolled at the start of 
    the previous academic year.
        (2) The number of students enrolled full time at the 
    start of the previous academic year.
        (3) The number of students enrolled at the start of 
    the current academic year.
        (4) The number of students enrolled full time at the 
    start of the current academic year.
        (5) The number of students enrolled in online learning 
    at the start of the previous academic year.
        (6) The number of students enrolled in in-person 
    learning at the start of the previous academic year.
        (7) The number of students enrolled in online learning 
    at the start of the current academic year.
        (8) The number of students enrolled in in-person 
    learning at the start of the current academic year.
        (9) The rolling average number of students enrolled 
    over the previous 5 academic years.
    (b) The Board of Higher Education shall post the student 
enrollment data reported under subsection (a) on its Internet 
website. 
 
    Section 50. The Public Community College Act is amended by 
adding Section 3-29.26 as follows:
 
    (110 ILCS 805/3-29.26 new)
    Sec. 3-29.26. Enrollment reporting.
    (a) Annually, on or before October 1, each board shall 
report to the State Board all of the following student 
enrollment data:
        (1) The number of students enrolled at the start of 
    the previous academic year.
        (2) The number of students enrolled full time at the 
    start of the previous academic year.
        (3) The number of students enrolled at the start of 
    the current academic year.
        (4) The number of students enrolled full time at the 
    start of the current academic year.
        (5) The number of students enrolled in online learning 
    at the start of the previous academic year.
        (6) The number of students enrolled in in-person 
    learning at the start of the previous academic year.
        (7) The number of students enrolled in online learning 
    at the start of the current academic year.
        (8) The number of students enrolled in in-person 
    learning at the start of the current academic year.
        (9) The rolling average number of students enrolled 
    over the previous 5 academic years.
    (b) The State Board shall post the student enrollment data 
reported under subsection (a) on its Internet website. 
 
    Section 99. Effective date. This Act takes effect upon 
becoming law.