Public Act 0768 104TH GENERAL ASSEMBLY

HB4304 Enrolled LRB104 16443 LNS 29835 b

Public Act 104-0768

AN ACT concerning education.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 1. Short title. This Act may be cited as the Higher Education Student Support and Academic Freedom Act.

Section 5. Legislative findings. The General Assembly finds that:

(1) this State has a compelling interest in preserving the integrity, independence, and academic freedom of its public institutions of higher education and in supporting students' pursuit of learning, inquiry, and career readiness;

(2) students benefit when this State affirms core principles, including free inquiry, viewpoint-neutral access to programs and activities, safety, nondiscrimination, and academic excellence, while providing public institutions of higher education with clear, workable standards; and

(3) this State likewise has an interest in ensuring that public institutions of higher education are not subjected to expansive or uncertain liabilities due to the institutions' good-faith efforts at substantial compliance.

Section 10. Student support and academic access charter.

(a) Inclusive and safe learning environment. Public institutions of higher education shall strive to foster an environment that is free from unlawful discrimination or harassment based on any protected characteristic under applicable law.

(b) Safety and respect. Public institutions of higher education shall strive to maintain clear, content-neutral conduct standards and reporting channels designed to address unlawful discrimination, harassment, intimidation, and retaliation, in accordance with applicable law.

(c) Accessibility. Public institutions of higher education shall strive to have clear policies describing how students with disabilities can request and receive reasonable accommodations to enable equal academic and campus participation, in accordance with applicable law and educational standards.

(d) Free expression and academic access. Public institutions of higher education may not unlawfully infringe on students' constitutional rights to free speech, press, assembly, and petition. Public institutions of higher education shall have the ability to adopt viewpoint-neutral time, place, and manner restrictions and safeguard academic freedom within pedagogically relevant contexts, in accordance with applicable law.

(e) Freedom of association and freedom to organize. Public institutions of higher education shall have the ability to allow students to form and join associations, subject to reasonable, viewpoint-neutral requirements for recognition and funding that are consistently enforced and in accordance with applicable law.

(f) Peaceful protest. Public institutions of higher education shall have the ability to allow students to engage in lawful, peaceful protest, subject to reasonable, viewpoint-neutral time, place, and manner restrictions, including restrictions that protect campus safety and the continuity of educational operations.

(g) Academic transparency. Public institutions of higher education shall strive to publish clear, accurate, and timely information regarding courses, degree pathways, credit evaluation and transferability, and graduation criteria.

(h) Fair evaluation. Public institutions of higher education shall strive to assess academic performance based on demonstrated learning and achievement and pursuant to published standards, with due regard for the professional judgment of faculty.

(i) Educational records. Students have the right to inspect, review, and request corrections to higher educational records, in accordance with applicable law.

(j) Insulation of academic programs from undue political interference. Public institutions of higher education shall have the ability to ensure academic programs are guided by professional and disciplinary standards and academic integrity.

(k) Career preparation. Public institutions of higher education shall strive to provide students with information and opportunities in pertinent academic programs that promote workforce-relevant skills, career exploration, and stackable or recognized credentials of value.

(l) Educational quality. Public institutions of higher education shall strive to provide independently accredited education that integrates broad learning, cultivates transferable skills, and prepares students for engaged citizenship.

(m) Due process. Public institutions of higher education shall strive to provide students with a fair disciplinary process appropriate to the nature of the applicable disciplinary charge, including notice of the charge, access to relevant evidence if feasible, and an opportunity to be heard, in accordance with applicable law.

(n) Institutional accountability. Public institutions of higher education shall strive to follow published policies and provide internal appeal routes for adverse educational actions as appropriate or required by applicable law.

(o) Financial transparency. Public institutions of higher education shall strive to clearly disclose tuition, fees, and applicable, material financial obligations prior to and during enrollment.

(p) Refunds and withdrawals. Public institutions of higher education shall have the ability to publish transparent policies on tuition refunds, withdrawals, and cancellations.

(q) Transfer practices. Public institutions of higher education shall strive to provide a timely, transparent, and consistent evaluation of transfer credits using published criteria. Nothing in this Act requires an acceptance of credits inconsistent with any legitimate academic standards the public institution of higher education deems appropriate.

Section 15. Construction of Act.

(a) This Act 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.

(b) Nothing in this Act imposes obligations that would cause a public institution of higher education to violate applicable law, including any federal requirements, or risk the loss of federal or other funds.

(c) Nothing in this Act may be construed to create contractual rights or to convert institutional policies into express or implied contracts.

(d) Nothing in this Act may be construed to grant a private right of action to enforce the provisions of this Act.