| Old | New | Differences | |
|---|---|---|---|
| 1 | - | Public Act 103-0288 | |
| 2 | 1 | HB2041 EnrolledLRB103 04933 RJT 49943 b HB2041 Enrolled LRB103 04933 RJT 49943 b | |
| 3 | 2 | HB2041 Enrolled LRB103 04933 RJT 49943 b | |
| 4 | - | AN ACT concerning education. | |
| 5 | - | Be it enacted by the People of the State of Illinois, | |
| 6 | - | represented in the General Assembly: | |
| 7 | - | (30 ILCS 105/5.719 rep.) | |
| 8 | - | Section 5. The State Finance Act is amended by repealing | |
| 9 | - | Section 5.719. | |
| 10 | - | Section 15. The Higher Education Housing and Opportunities | |
| 11 | - | Act is amended by changing Section 5 as follows: | |
| 12 | - | (110 ILCS 131/5) | |
| 13 | - | Sec. 5. Definitions. As used in this Act: | |
| 14 | - | "Institution of higher education" or "institution" means | |
| 15 | - | any publicly or privately operated university, college, | |
| 16 | - | community college, business, technical, or vocational school, | |
| 17 | - | or other educational institution in this State offering | |
| 18 | - | degrees and instruction beyond the secondary school level. | |
| 19 | - | "Student experiencing homelessness" or "homeless student" | |
| 20 | - | means an individual enrolled in an institution who lacks or is | |
| 21 | - | at imminent risk of lacking a fixed, regular, and adequate | |
| 22 | - | nighttime residence or whose parent or legal guardian is | |
| 23 | - | unable or unwilling to provide shelter and care and includes a | |
| 24 | - | homeless individual as defined under the federal | |
| 25 | - | McKinney-Vento Homeless Assistance Act. For the purposes of | |
| 3 | + | 1 AN ACT concerning education. | |
| 4 | + | 2 Be it enacted by the People of the State of Illinois, | |
| 5 | + | 3 represented in the General Assembly: | |
| 6 | + | 4 (30 ILCS 105/5.719 rep.) | |
| 7 | + | 5 Section 5. The State Finance Act is amended by repealing | |
| 8 | + | 6 Section 5.719. | |
| 9 | + | 7 Section 15. The Higher Education Housing and Opportunities | |
| 10 | + | 8 Act is amended by changing Section 5 as follows: | |
| 11 | + | 9 (110 ILCS 131/5) | |
| 12 | + | 10 Sec. 5. Definitions. As used in this Act: | |
| 13 | + | 11 "Institution of higher education" or "institution" means | |
| 14 | + | 12 any publicly or privately operated university, college, | |
| 15 | + | 13 community college, business, technical, or vocational school, | |
| 16 | + | 14 or other educational institution in this State offering | |
| 17 | + | 15 degrees and instruction beyond the secondary school level. | |
| 18 | + | 16 "Student experiencing homelessness" or "homeless student" | |
| 19 | + | 17 means an individual enrolled in an institution who lacks or is | |
| 20 | + | 18 at imminent risk of lacking a fixed, regular, and adequate | |
| 21 | + | 19 nighttime residence or whose parent or legal guardian is | |
| 22 | + | 20 unable or unwilling to provide shelter and care and includes a | |
| 23 | + | 21 homeless individual as defined under the federal | |
| 24 | + | 22 McKinney-Vento Homeless Assistance Act. For the purposes of | |
| 26 | 25 | ||
| 27 | 26 | ||
| 28 | 27 | ||
| 29 | 28 | HB2041 Enrolled LRB103 04933 RJT 49943 b | |
| 30 | 29 | ||
| 31 | 30 | ||
| 32 | - | this definition, the term "fixed, regular, and adequate | |
| 33 | - | nighttime residence" does not include residence in an | |
| 34 | - | institution of higher education's on-campus housing. | |
| 35 | - | "Student in care" means any person, regardless of age, who | |
| 36 | - | is or was under the care and legal custody of the Department of | |
| 37 | - | Children and Family Services, including youth for whom the | |
| 38 | - | Department has court-ordered legal responsibility, youth who | |
| 39 | - | aged out of care at age 18 or older, or youth formerly under | |
| 40 | - | care who have been adopted and were the subject of an adoption | |
| 41 | - | assistance agreement or who have been placed in private | |
| 42 | - | guardianship and were the subject of a subsidized guardianship | |
| 43 | - | agreement. | |
| 44 | - | (Source: P.A. 102-83, eff. 8-1-22.) | |
| 45 | - | Section 20. The Preventing Sexual Violence in Higher | |
| 46 | - | Education Act is amended by changing Section 35 as follows: | |
| 47 | - | (110 ILCS 155/35) | |
| 48 | - | Sec. 35. Sexual misconduct climate survey. | |
| 49 | - | (a) As used in this Section: | |
| 50 | - | "Base survey" means a base set of common questions | |
| 51 | - | recommended by the Task Force on Campus Sexual Misconduct | |
| 52 | - | Climate Surveys and approved by the Executive Director of the | |
| 53 | - | Board of Higher Education. | |
| 54 | - | "Student" means a person who is enrolled in a public or | |
| 55 | - | private degree-granting, post-secondary higher education | |
| 31 | + | HB2041 Enrolled- 2 -LRB103 04933 RJT 49943 b HB2041 Enrolled - 2 - LRB103 04933 RJT 49943 b | |
| 32 | + | HB2041 Enrolled - 2 - LRB103 04933 RJT 49943 b | |
| 33 | + | 1 this definition, the term "fixed, regular, and adequate | |
| 34 | + | 2 nighttime residence" does not include residence in an | |
| 35 | + | 3 institution of higher education's on-campus housing. | |
| 36 | + | 4 "Student in care" means any person, regardless of age, who | |
| 37 | + | 5 is or was under the care and legal custody of the Department of | |
| 38 | + | 6 Children and Family Services, including youth for whom the | |
| 39 | + | 7 Department has court-ordered legal responsibility, youth who | |
| 40 | + | 8 aged out of care at age 18 or older, or youth formerly under | |
| 41 | + | 9 care who have been adopted and were the subject of an adoption | |
| 42 | + | 10 assistance agreement or who have been placed in private | |
| 43 | + | 11 guardianship and were the subject of a subsidized guardianship | |
| 44 | + | 12 agreement. | |
| 45 | + | 13 (Source: P.A. 102-83, eff. 8-1-22.) | |
| 46 | + | 14 Section 20. The Preventing Sexual Violence in Higher | |
| 47 | + | 15 Education Act is amended by changing Section 35 as follows: | |
| 48 | + | 16 (110 ILCS 155/35) | |
| 49 | + | 17 Sec. 35. Sexual misconduct climate survey. | |
| 50 | + | 18 (a) As used in this Section: | |
| 51 | + | 19 "Base survey" means a base set of common questions | |
| 52 | + | 20 recommended by the Task Force on Campus Sexual Misconduct | |
| 53 | + | 21 Climate Surveys and approved by the Executive Director of the | |
| 54 | + | 22 Board of Higher Education. | |
| 55 | + | 23 "Student" means a person who is enrolled in a public or | |
| 56 | + | 24 private degree-granting, post-secondary higher education | |
| 56 | 57 | ||
| 57 | 58 | ||
| 58 | - | institution, whether part-time, full-time, or as an extension | |
| 59 | - | student, including any person who has taken a leave of absence | |
| 60 | - | or who has withdrawn from the higher education institution due | |
| 61 | - | to being a victim of sexual misconduct. | |
| 62 | - | "Trauma informed" means an understanding of the | |
| 63 | - | complexities of sexual violence, domestic violence, dating | |
| 64 | - | violence, or stalking through training centered on the | |
| 65 | - | neurobiological impact of trauma, the influence of societal | |
| 66 | - | myths and stereotypes surrounding sexual violence, domestic | |
| 67 | - | violence, dating violence, or stalking, and understanding the | |
| 68 | - | behavior of perpetrators. | |
| 69 | - | (b) Each higher education institution shall annually | |
| 70 | - | conduct a sexual misconduct climate survey of all students at | |
| 71 | - | the institution. Each higher education institution's sexual | |
| 72 | - | misconduct climate survey shall include the base survey, which | |
| 73 | - | the Board of Higher Education or Illinois Community College | |
| 74 | - | Board, whichever is applicable, shall provide to the | |
| 75 | - | institution every 2 years. Each institution may append its own | |
| 76 | - | campus-specific questions to the base survey if questions do | |
| 77 | - | not require the disclosure of any personally identifying | |
| 78 | - | information by the students and are trauma informed. The Board | |
| 79 | - | of Higher Education and Illinois Community College Board, in | |
| 80 | - | consultation with the Office of the Attorney General, as | |
| 81 | - | necessary, shall review any complaints submitted by students | |
| 82 | - | who believe that questions included in the campus sexual | |
| 83 | - | misconduct climate survey are traumatizing. Within 120 days | |
| 84 | 59 | ||
| 85 | 60 | ||
| 86 | - | after completion of a sexual misconduct climate survey, but no | |
| 87 | - | later than one year after the Board of Higher Education or | |
| 88 | - | Illinois Community College Board, whichever is applicable, | |
| 89 | - | issued the last base survey, each institution shall compile a | |
| 90 | - | summary of the results of the sexual misconduct climate | |
| 91 | - | survey, including, but not limited to, the complete aggregated | |
| 92 | - | results for each base survey question, and shall submit the | |
| 93 | - | summary to the Board of Higher Education or Illinois Community | |
| 94 | - | College Board, as well as publish the summary on the | |
| 95 | - | institution's website in an easily accessible manner. | |
| 96 | - | (c) The Task Force on Campus Sexual Misconduct Climate | |
| 97 | - | Surveys is created. The Task Force shall consist of the | |
| 98 | - | following members: | |
| 99 | - | (1) the Executive Director of the Board of Higher | |
| 100 | - | Education or a designee, who shall serve as chairperson; | |
| 101 | - | (2) the Governor or a designee; | |
| 102 | - | (3) one member of the Senate, appointed by the | |
| 103 | - | President of the Senate; | |
| 104 | - | (4) one member of the House of Representatives, | |
| 105 | - | appointed by the Speaker of the House of Representatives; | |
| 106 | - | (5) one member of the Senate, appointed by the | |
| 107 | - | Minority Leader of the Senate; | |
| 108 | - | (6) one member of the House of Representatives, | |
| 109 | - | appointed by the Minority Leader of the House of | |
| 110 | - | Representatives; | |
| 111 | - | (7) the Attorney General or a designee; | |
| 61 | + | ||
| 62 | + | HB2041 Enrolled - 2 - LRB103 04933 RJT 49943 b | |
| 112 | 63 | ||
| 113 | 64 | ||
| 114 | - | (8) the Director of Public Health or a designee; and | |
| 115 | - | (9) the following members appointed by the Governor: | |
| 116 | - | (A) one member who is a student attending a public | |
| 117 | - | higher education institution in Illinois; | |
| 118 | - | (B) one member who is a student attending a | |
| 119 | - | private higher education institution in Illinois; | |
| 120 | - | (C) one member who is a student attending a | |
| 121 | - | community college in Illinois; | |
| 122 | - | (D) one member who is a representative of the | |
| 123 | - | University of Illinois recommended by the president of | |
| 124 | - | the university; | |
| 125 | - | (E) one member who is a representative of the | |
| 126 | - | Illinois Community College Board; | |
| 127 | - | (F) one member who is a representative of private | |
| 128 | - | colleges and universities recommended by the | |
| 129 | - | Federation of Independent Illinois Colleges and | |
| 130 | - | Universities; | |
| 131 | - | (G) 3 members who are representatives of survivors | |
| 132 | - | of sexual assault recommended by the Illinois | |
| 133 | - | Coalition Against Sexual Assault, with one | |
| 134 | - | specifically representing survivors in rural | |
| 135 | - | communities and one specifically representing | |
| 136 | - | survivors in urban communities; | |
| 137 | - | (H) one member who is a representative of a | |
| 138 | - | non-profit legal services organization that provides | |
| 139 | - | legal representation to victims of campus sexual | |
| 65 | + | HB2041 Enrolled- 3 -LRB103 04933 RJT 49943 b HB2041 Enrolled - 3 - LRB103 04933 RJT 49943 b | |
| 66 | + | HB2041 Enrolled - 3 - LRB103 04933 RJT 49943 b | |
| 67 | + | 1 institution, whether part-time, full-time, or as an extension | |
| 68 | + | 2 student, including any person who has taken a leave of absence | |
| 69 | + | 3 or who has withdrawn from the higher education institution due | |
| 70 | + | 4 to being a victim of sexual misconduct. | |
| 71 | + | 5 "Trauma informed" means an understanding of the | |
| 72 | + | 6 complexities of sexual violence, domestic violence, dating | |
| 73 | + | 7 violence, or stalking through training centered on the | |
| 74 | + | 8 neurobiological impact of trauma, the influence of societal | |
| 75 | + | 9 myths and stereotypes surrounding sexual violence, domestic | |
| 76 | + | 10 violence, dating violence, or stalking, and understanding the | |
| 77 | + | 11 behavior of perpetrators. | |
| 78 | + | 12 (b) Each higher education institution shall annually | |
| 79 | + | 13 conduct a sexual misconduct climate survey of all students at | |
| 80 | + | 14 the institution. Each higher education institution's sexual | |
| 81 | + | 15 misconduct climate survey shall include the base survey, which | |
| 82 | + | 16 the Board of Higher Education or Illinois Community College | |
| 83 | + | 17 Board, whichever is applicable, shall provide to the | |
| 84 | + | 18 institution every 2 years. Each institution may append its own | |
| 85 | + | 19 campus-specific questions to the base survey if questions do | |
| 86 | + | 20 not require the disclosure of any personally identifying | |
| 87 | + | 21 information by the students and are trauma informed. The Board | |
| 88 | + | 22 of Higher Education and Illinois Community College Board, in | |
| 89 | + | 23 consultation with the Office of the Attorney General, as | |
| 90 | + | 24 necessary, shall review any complaints submitted by students | |
| 91 | + | 25 who believe that questions included in the campus sexual | |
| 92 | + | 26 misconduct climate survey are traumatizing. Within 120 days | |
| 140 | 93 | ||
| 141 | 94 | ||
| 142 | - | assault in Illinois; | |
| 143 | - | (I) one member who is a representative recommended | |
| 144 | - | by the Illinois Coalition Against Domestic Violence; | |
| 145 | - | (J) one member who is a representative recommended | |
| 146 | - | by Equality Illinois; | |
| 147 | - | (K) one member who is a representative of an | |
| 148 | - | immigrant rights advocacy organization; | |
| 149 | - | (L) one member who is a representative recommended | |
| 150 | - | by the Every Voice Coalition or any successor | |
| 151 | - | organization of the Every Voice Coalition; | |
| 152 | - | (M) one member who is a researcher with experience | |
| 153 | - | in the development and design of sexual misconduct | |
| 154 | - | climate surveys; and | |
| 155 | - | (N) one member who is a researcher of statistics, | |
| 156 | - | data analytics, or econometrics with experience in | |
| 157 | - | higher education survey analysis. | |
| 158 | - | The Task Force shall hold its first meeting as soon as | |
| 159 | - | practicable after the effective date of this amendatory Act of | |
| 160 | - | the 102nd General Assembly. Administrative and other support | |
| 161 | - | for the Task Force shall be provided by the Board of Higher | |
| 162 | - | Education. Members of the Task Force shall serve 2-year terms | |
| 163 | - | that commence on the date of appointment. Members shall | |
| 164 | - | continue to serve until their successors are appointed. Any | |
| 165 | - | vacancy shall be filled by the appointing authority. Any | |
| 166 | - | vacancy occurring other than by expiration of the term shall | |
| 167 | - | be filled for the balance of the unexpired term. A majority of | |
| 168 | 95 | ||
| 169 | 96 | ||
| 170 | - | the Task Force shall constitute a quorum for the transaction | |
| 171 | - | of any business. | |
| 172 | - | Members of the Task Force shall serve without compensation | |
| 173 | - | but shall be reimbursed for expenses necessarily incurred in | |
| 174 | - | the performance of their duties if funds are available. | |
| 175 | - | However, the higher education institution in which a student | |
| 176 | - | member is enrolled may compensate that student for | |
| 177 | - | participating on the Task Force through a work-study program | |
| 178 | - | or by providing a stipend to support the work of the student | |
| 179 | - | member on the Task Force. | |
| 180 | - | (d) The Task Force shall develop and recommend to the | |
| 181 | - | Board of Higher Education and Illinois Community College Board | |
| 182 | - | the base survey for distribution to higher education | |
| 183 | - | institutions and provide the Board of Higher Education and | |
| 184 | - | Illinois Community College Board with any related | |
| 185 | - | recommendations regarding the content, timing, and application | |
| 186 | - | of the base survey. The Task Force shall deliver the base | |
| 187 | - | survey and related recommendations, including, but not limited | |
| 188 | - | to, recommendations on achieving statistically valid response | |
| 189 | - | rates, to the Board of Higher Education and Illinois Community | |
| 190 | - | College Board no less often than every 2 years and for the | |
| 191 | - | first time on or before July 31, 2023 July 31, 2022. | |
| 192 | - | Thereafter, the Task Force shall meet in the year 2025 2024 and | |
| 193 | - | in the year 2027 2026 to review the results of the survey and | |
| 194 | - | to implement updates and improvements. The Task Force is | |
| 195 | - | dissolved after the completion of the 2027 2026 base survey. | |
| 97 | + | ||
| 98 | + | HB2041 Enrolled - 3 - LRB103 04933 RJT 49943 b | |
| 196 | 99 | ||
| 197 | 100 | ||
| 198 | - | After the dissolution of the Task Force, the Executive | |
| 199 | - | Director of the Board of Higher Education or a designee shall | |
| 200 | - | review the base survey every 2 years to consider any feedback | |
| 201 | - | that has been received and to implement improvements. | |
| 202 | - | (e) In developing the base survey, the Task Force shall: | |
| 203 | - | (1) utilize best practices from peer-reviewed research | |
| 204 | - | and consult with individuals with expertise in the | |
| 205 | - | development and use of sexual misconduct climate surveys | |
| 206 | - | by higher education institutions; | |
| 207 | - | (2) review sexual misconduct climate surveys that have | |
| 208 | - | been developed and previously utilized by higher education | |
| 209 | - | institutions in Illinois and by other states that mandate | |
| 210 | - | campus climate surveys; | |
| 211 | - | (3) provide opportunities for written comment from | |
| 212 | - | survivors and organizations that work directly with | |
| 213 | - | survivors of sexual misconduct to ensure the adequacy and | |
| 214 | - | appropriateness of the proposed content; | |
| 215 | - | (4) consult with institutions on strategies for | |
| 216 | - | optimizing the effectiveness of the survey; | |
| 217 | - | (5) account for the diverse needs and differences of | |
| 218 | - | higher education institutions; and | |
| 219 | - | (6) review the base survey to ensure that the strategy | |
| 220 | - | for gathering information is trauma informed. | |
| 221 | - | (f) The base survey shall gather information on topics, | |
| 222 | - | including, but not limited to: | |
| 223 | - | (1) the number and type of incidents, both reported to | |
| 101 | + | HB2041 Enrolled- 4 -LRB103 04933 RJT 49943 b HB2041 Enrolled - 4 - LRB103 04933 RJT 49943 b | |
| 102 | + | HB2041 Enrolled - 4 - LRB103 04933 RJT 49943 b | |
| 103 | + | 1 after completion of a sexual misconduct climate survey, but no | |
| 104 | + | 2 later than one year after the Board of Higher Education or | |
| 105 | + | 3 Illinois Community College Board, whichever is applicable, | |
| 106 | + | 4 issued the last base survey, each institution shall compile a | |
| 107 | + | 5 summary of the results of the sexual misconduct climate | |
| 108 | + | 6 survey, including, but not limited to, the complete aggregated | |
| 109 | + | 7 results for each base survey question, and shall submit the | |
| 110 | + | 8 summary to the Board of Higher Education or Illinois Community | |
| 111 | + | 9 College Board, as well as publish the summary on the | |
| 112 | + | 10 institution's website in an easily accessible manner. | |
| 113 | + | 11 (c) The Task Force on Campus Sexual Misconduct Climate | |
| 114 | + | 12 Surveys is created. The Task Force shall consist of the | |
| 115 | + | 13 following members: | |
| 116 | + | 14 (1) the Executive Director of the Board of Higher | |
| 117 | + | 15 Education or a designee, who shall serve as chairperson; | |
| 118 | + | 16 (2) the Governor or a designee; | |
| 119 | + | 17 (3) one member of the Senate, appointed by the | |
| 120 | + | 18 President of the Senate; | |
| 121 | + | 19 (4) one member of the House of Representatives, | |
| 122 | + | 20 appointed by the Speaker of the House of Representatives; | |
| 123 | + | 21 (5) one member of the Senate, appointed by the | |
| 124 | + | 22 Minority Leader of the Senate; | |
| 125 | + | 23 (6) one member of the House of Representatives, | |
| 126 | + | 24 appointed by the Minority Leader of the House of | |
| 127 | + | 25 Representatives; | |
| 128 | + | 26 (7) the Attorney General or a designee; | |
| 224 | 129 | ||
| 225 | 130 | ||
| 226 | - | the higher education institution and unreported to the | |
| 227 | - | higher education institution, of sexual misconduct at the | |
| 228 | - | higher education institution; | |
| 229 | - | (2) when and where incidents of sexual misconduct | |
| 230 | - | occurred, such as on campus, off campus, abroad, or | |
| 231 | - | online; | |
| 232 | - | (3) student awareness of institutional policies and | |
| 233 | - | procedures related to campus sexual misconduct; | |
| 234 | - | (4) whether a student reported the sexual misconduct | |
| 235 | - | to the higher education institution and, if so, to which | |
| 236 | - | campus resource such report was made and, if not, the | |
| 237 | - | reason for the student's decision not to report; | |
| 238 | - | (5) whether a student reported the sexual misconduct | |
| 239 | - | to law enforcement and, if so, to which law enforcement | |
| 240 | - | agency such report was made; | |
| 241 | - | (6) whether a student was informed of or referred to | |
| 242 | - | local, State, campus, or other resources or victim support | |
| 243 | - | services, including appropriate medical care, advocacy, | |
| 244 | - | counseling, and legal services; | |
| 245 | - | (7) whether a student was provided information | |
| 246 | - | regarding his or her right to protection from retaliation, | |
| 247 | - | access to school-based accommodations, and criminal | |
| 248 | - | justice remedies; | |
| 249 | - | (8) contextual factors, such as the involvement of | |
| 250 | - | force, incapacitation, coercion, or drug or alcohol | |
| 251 | - | facilitation; | |
| 252 | 131 | ||
| 253 | 132 | ||
| 254 | - | (9) demographic information that could be used to | |
| 255 | - | identify at-risk groups, including, but not limited to, | |
| 256 | - | gender, race, immigration status, national origin, | |
| 257 | - | ethnicity, disability status, sexual orientation, and | |
| 258 | - | gender identity; | |
| 259 | - | (10) perceptions of campus safety among members of the | |
| 260 | - | campus community and confidence in the institution's | |
| 261 | - | ability to protect against and respond to incidents of | |
| 262 | - | sexual misconduct; | |
| 263 | - | (11) whether the student has chosen to withdraw or has | |
| 264 | - | taken a leave of absence from the institution or | |
| 265 | - | transferred to another institution; | |
| 266 | - | (12) whether the student has withdrawn from any | |
| 267 | - | classes or has been placed on academic probation as a | |
| 268 | - | result of the incident; and | |
| 269 | - | (13) other questions as determined by the Task Force. | |
| 270 | - | All questions on the base survey shall be optional or shall | |
| 271 | - | offer the student the option to select "I prefer not to answer" | |
| 272 | - | as a response on the survey. | |
| 273 | - | (g) The sexual misconduct climate survey shall collect | |
| 274 | - | anonymous responses and shall not provide for the public | |
| 275 | - | disclosure of any personally identifying information. No | |
| 276 | - | institution may use or attempt to use information collected | |
| 277 | - | through the sexual misconduct climate survey to identify or | |
| 278 | - | contact any individual student on campus, nor shall the | |
| 279 | - | results of the survey be used as the basis for any type of | |
| 133 | + | ||
| 134 | + | HB2041 Enrolled - 4 - LRB103 04933 RJT 49943 b | |
| 280 | 135 | ||
| 281 | 136 | ||
| 282 | - | investigation or disciplinary or legal proceeding. | |
| 283 | - | (h) There shall be established within the Office of the | |
| 284 | - | Board of Higher Education and the Office of the Illinois | |
| 285 | - | Community College Board a data repository for all summaries of | |
| 286 | - | sexual misconduct climate surveys submitted by higher | |
| 287 | - | education institutions to the Board of Higher Education or | |
| 288 | - | Illinois Community College Board in accordance with subsection | |
| 289 | - | (b). The Board of Higher Education and Illinois Community | |
| 290 | - | College Board shall ensure that the sexual misconduct climate | |
| 291 | - | survey data submitted by all applicable institutions is | |
| 292 | - | available to the public in an easily accessible manner on the | |
| 293 | - | Board of Higher Education's or Illinois Community College | |
| 294 | - | Board's website. | |
| 295 | - | (i) Each higher education institution shall publish on the | |
| 296 | - | institution's website in an easily accessible manner: | |
| 297 | - | (1) the campus level results of the survey; | |
| 298 | - | (2) the annual security report required under the | |
| 299 | - | federal Jeanne Clery Disclosure of Campus Security Policy | |
| 300 | - | and Campus Crime Statistics Act; | |
| 301 | - | (3) the reports required under Section 9.21 of the | |
| 302 | - | Board of Higher Education Act; and | |
| 303 | - | (4) a link to the Board of Higher Education's and | |
| 304 | - | Illinois Community College Board's statewide data on | |
| 305 | - | sexual misconduct climate survey data as set forth in | |
| 306 | - | subsection (h). | |
| 307 | - | (j) The Board of Higher Education and Illinois Community | |
| 137 | + | HB2041 Enrolled- 5 -LRB103 04933 RJT 49943 b HB2041 Enrolled - 5 - LRB103 04933 RJT 49943 b | |
| 138 | + | HB2041 Enrolled - 5 - LRB103 04933 RJT 49943 b | |
| 139 | + | 1 (8) the Director of Public Health or a designee; and | |
| 140 | + | 2 (9) the following members appointed by the Governor: | |
| 141 | + | 3 (A) one member who is a student attending a public | |
| 142 | + | 4 higher education institution in Illinois; | |
| 143 | + | 5 (B) one member who is a student attending a | |
| 144 | + | 6 private higher education institution in Illinois; | |
| 145 | + | 7 (C) one member who is a student attending a | |
| 146 | + | 8 community college in Illinois; | |
| 147 | + | 9 (D) one member who is a representative of the | |
| 148 | + | 10 University of Illinois recommended by the president of | |
| 149 | + | 11 the university; | |
| 150 | + | 12 (E) one member who is a representative of the | |
| 151 | + | 13 Illinois Community College Board; | |
| 152 | + | 14 (F) one member who is a representative of private | |
| 153 | + | 15 colleges and universities recommended by the | |
| 154 | + | 16 Federation of Independent Illinois Colleges and | |
| 155 | + | 17 Universities; | |
| 156 | + | 18 (G) 3 members who are representatives of survivors | |
| 157 | + | 19 of sexual assault recommended by the Illinois | |
| 158 | + | 20 Coalition Against Sexual Assault, with one | |
| 159 | + | 21 specifically representing survivors in rural | |
| 160 | + | 22 communities and one specifically representing | |
| 161 | + | 23 survivors in urban communities; | |
| 162 | + | 24 (H) one member who is a representative of a | |
| 163 | + | 25 non-profit legal services organization that provides | |
| 164 | + | 26 legal representation to victims of campus sexual | |
| 308 | 165 | ||
| 309 | 166 | ||
| 310 | - | College Board shall establish rules and procedures, including | |
| 311 | - | deadlines for dissemination and collection of survey | |
| 312 | - | information, consistent with the purposes of this Section and | |
| 313 | - | shall promote effective solicitation to achieve the highest | |
| 314 | - | practical response rate, collection, and publication of | |
| 315 | - | statistical information gathered from higher education | |
| 316 | - | institutions. | |
| 317 | - | (k) Upon determination, after reasonable notice and | |
| 318 | - | opportunity for a hearing, that a higher education institution | |
| 319 | - | has violated or failed to carry out any provision of this | |
| 320 | - | Section or any rule adopted under this Section, the Board of | |
| 321 | - | Higher Education or Illinois Community College Board, | |
| 322 | - | whichever is applicable, may impose a civil penalty upon such | |
| 323 | - | institution not to exceed $50,000, which shall be adjusted for | |
| 324 | - | inflation annually, for each violation. The Board of Higher | |
| 325 | - | Education and Illinois Community College Board shall use any | |
| 326 | - | such civil penalty funds to provide oversight of this Section | |
| 327 | - | and to provide funding to community organizations that provide | |
| 328 | - | services to sexual assault victims. The Attorney General may | |
| 329 | - | bring an action in the circuit court to enforce the collection | |
| 330 | - | of any monetary penalty imposed under this subsection (k). | |
| 331 | - | (Source: P.A. 102-325, eff. 8-6-21.) | |
| 332 | - | Section 25. The Board of Higher Education Act is amended | |
| 333 | - | by changing Sections 3 and 9.29 as follows: | |
| 334 | 167 | ||
| 335 | 168 | ||
| 336 | - | (110 ILCS 205/3) (from Ch. 144, par. 183) | |
| 337 | - | Sec. 3. Terms; vacancies. | |
| 338 | - | (a) The members of the Board whose appointments are | |
| 339 | - | subject to confirmation by the Senate shall be selected for | |
| 340 | - | 6-year terms expiring on January 31 of odd numbered years. | |
| 341 | - | (b) The members of the Board shall continue to serve after | |
| 342 | - | the expiration of their terms until their successors have been | |
| 343 | - | appointed. | |
| 344 | - | (c) Vacancies on the Board in offices appointed by the | |
| 345 | - | Governor shall be filled by appointment by the Governor for | |
| 346 | - | the unexpired term. If the appointment is subject to Senate | |
| 347 | - | confirmation and the Senate is not in session or is in recess | |
| 348 | - | when the appointment is made, the appointee shall serve | |
| 349 | - | subject to subsequent Senate approval of the appointment. | |
| 350 | - | (d) Each student member shall serve a term of one year | |
| 351 | - | beginning on July 1 of each year and until a successor is | |
| 352 | - | appointed and qualified. | |
| 353 | - | (e) The member of the Board representing public university | |
| 354 | - | governing boards and the member of the Board representing | |
| 355 | - | private college and university boards of trustees, who are | |
| 356 | - | appointed by the Governor but not subject to confirmation by | |
| 357 | - | the Senate, shall serve terms of 3 years one year beginning on | |
| 358 | - | July 1. | |
| 359 | - | (Source: P.A. 102-1046, eff. 6-7-22.) | |
| 360 | - | (110 ILCS 205/9.29) | |
| 169 | + | ||
| 170 | + | HB2041 Enrolled - 5 - LRB103 04933 RJT 49943 b | |
| 361 | 171 | ||
| 362 | 172 | ||
| 363 | - | Sec. 9.29. Tuition and fee waiver report. | |
| 364 | - | (a) The Board of Higher Education shall annually compile | |
| 365 | - | information concerning tuition and fee waivers and tuition and | |
| 366 | - | fee waiver programs that has been provided by the Boards of | |
| 367 | - | Trustees of the University of Illinois, Southern Illinois | |
| 368 | - | University, Chicago State University, Eastern Illinois | |
| 369 | - | University, Governors State University, Illinois State | |
| 370 | - | University, Northeastern Illinois University, Northern | |
| 371 | - | Illinois University, and Western Illinois University and shall | |
| 372 | - | report its findings and recommendations concerning tuition and | |
| 373 | - | fee waivers and tuition and fee waiver programs to the General | |
| 374 | - | Assembly by filing electronic or paper copies of its report by | |
| 375 | - | December 31 of each year as provided in Section 3.1 of the | |
| 376 | - | General Assembly Organization Act. | |
| 377 | - | (b) No later than November 1, 2023 July 1, 2020, and | |
| 378 | - | annually thereafter, each public university must submit a | |
| 379 | - | report to the Board of Higher Education on the amount of | |
| 380 | - | tuition that undergraduate, degree-seeking students attending | |
| 381 | - | the university paid in the previous academic year that | |
| 382 | - | includes all of the following information: | |
| 383 | - | (1) The percentage of undergraduate students who paid | |
| 384 | - | more than 75% of full tuition costs. | |
| 385 | - | (2) The percentage of undergraduate students who paid | |
| 386 | - | more than 50% but no more than 75% of full tuition costs. | |
| 387 | - | (3) The percentage of undergraduate students who paid | |
| 388 | - | more than 25% but no more than 50% of full tuition costs. | |
| 173 | + | HB2041 Enrolled- 6 -LRB103 04933 RJT 49943 b HB2041 Enrolled - 6 - LRB103 04933 RJT 49943 b | |
| 174 | + | HB2041 Enrolled - 6 - LRB103 04933 RJT 49943 b | |
| 175 | + | 1 assault in Illinois; | |
| 176 | + | 2 (I) one member who is a representative recommended | |
| 177 | + | 3 by the Illinois Coalition Against Domestic Violence; | |
| 178 | + | 4 (J) one member who is a representative recommended | |
| 179 | + | 5 by Equality Illinois; | |
| 180 | + | 6 (K) one member who is a representative of an | |
| 181 | + | 7 immigrant rights advocacy organization; | |
| 182 | + | 8 (L) one member who is a representative recommended | |
| 183 | + | 9 by the Every Voice Coalition or any successor | |
| 184 | + | 10 organization of the Every Voice Coalition; | |
| 185 | + | 11 (M) one member who is a researcher with experience | |
| 186 | + | 12 in the development and design of sexual misconduct | |
| 187 | + | 13 climate surveys; and | |
| 188 | + | 14 (N) one member who is a researcher of statistics, | |
| 189 | + | 15 data analytics, or econometrics with experience in | |
| 190 | + | 16 higher education survey analysis. | |
| 191 | + | 17 The Task Force shall hold its first meeting as soon as | |
| 192 | + | 18 practicable after the effective date of this amendatory Act of | |
| 193 | + | 19 the 102nd General Assembly. Administrative and other support | |
| 194 | + | 20 for the Task Force shall be provided by the Board of Higher | |
| 195 | + | 21 Education. Members of the Task Force shall serve 2-year terms | |
| 196 | + | 22 that commence on the date of appointment. Members shall | |
| 197 | + | 23 continue to serve until their successors are appointed. Any | |
| 198 | + | 24 vacancy shall be filled by the appointing authority. Any | |
| 199 | + | 25 vacancy occurring other than by expiration of the term shall | |
| 200 | + | 26 be filled for the balance of the unexpired term. A majority of | |
| 389 | 201 | ||
| 390 | 202 | ||
| 391 | - | (4) The percentage of undergraduate students who paid | |
| 392 | - | no more than 25% of full tuition costs. | |
| 393 | - | (5) The percentage of undergraduate students who had | |
| 394 | - | no tuition costs. | |
| 395 | - | The tuition costs calculated under this subsection must | |
| 396 | - | reflect the amount of tuition paid by a student after all | |
| 397 | - | scholarships, grants, and other financial assistance have been | |
| 398 | - | applied to his or her tuition charge and must reflect only the | |
| 399 | - | amounts paid by undergraduate, degree-seeking students. | |
| 400 | - | The Board of Higher Education must annually compile and | |
| 401 | - | submit to the General Assembly, as part of the report required | |
| 402 | - | under subsection (a), the information received under this | |
| 403 | - | subsection. | |
| 404 | - | (Source: P.A. 100-167, eff. 1-1-18; 101-93, eff. 1-1-20.) | |
| 405 | - | (110 ILCS 1005/14.10 rep.) | |
| 406 | - | Section 30. The Private College Act is amended by | |
| 407 | - | repealing Section 14.10. | |
| 408 | - | Section 35. The Private College Act is amended by changing | |
| 409 | - | Section 15 as follows: | |
| 410 | - | (110 ILCS 1005/15) (from Ch. 144, par. 135) | |
| 411 | - | Sec. 15. Any person violating any provision of this Act | |
| 412 | - | shall be guilty of a petty offense and fined not less than $25 | |
| 413 | - | nor more than $10,000 $100. Each day's violation of any | |
| 414 | 203 | ||
| 415 | 204 | ||
| 416 | - | provision of this Act shall constitute a separate offense. | |
| 417 | - | (Source: P.A. 84-1308.) | |
| 418 | - | Section 40. The Academic Degree Act is amended by changing | |
| 419 | - | Section 10.10 as follows: | |
| 420 | - | (110 ILCS 1010/10.10) | |
| 421 | - | Sec. 10.10. Academic Quality Assurance Fund. The Academic | |
| 422 | - | Quality Assurance Fund is created as a special fund in the | |
| 423 | - | State treasury. All fees collected for the administration and | |
| 424 | - | enforcement of this Act and the Private College Act must be | |
| 425 | - | deposited into this Fund. All money in the Fund must be used, | |
| 426 | - | subject to appropriation, by the Board to supplement support | |
| 427 | - | for the administration and enforcement of this Act and the | |
| 428 | - | Private College Act and must not be used for any other purpose. | |
| 429 | - | Rulemaking authority to implement this amendatory Act of | |
| 430 | - | the 95th General Assembly, if any, is conditioned on the rules | |
| 431 | - | being adopted in accordance with all provisions of the | |
| 432 | - | Illinois Administrative Procedure Act and all rules and | |
| 433 | - | procedures of the Joint Committee on Administrative Rules; any | |
| 434 | - | purported rule not so adopted, for whatever reason, is | |
| 435 | - | unauthorized. | |
| 436 | - | (Source: P.A. 95-1046, eff. 3-27-09.) | |
| 437 | - | Section 99. Effective date. This Act takes effect upon | |
| 438 | - | becoming law. | |
| 205 | + | ||
| 206 | + | HB2041 Enrolled - 6 - LRB103 04933 RJT 49943 b | |
| 207 | + | ||
| 208 | + | ||
| 209 | + | HB2041 Enrolled- 7 -LRB103 04933 RJT 49943 b HB2041 Enrolled - 7 - LRB103 04933 RJT 49943 b | |
| 210 | + | HB2041 Enrolled - 7 - LRB103 04933 RJT 49943 b | |
| 211 | + | 1 the Task Force shall constitute a quorum for the transaction | |
| 212 | + | 2 of any business. | |
| 213 | + | 3 Members of the Task Force shall serve without compensation | |
| 214 | + | 4 but shall be reimbursed for expenses necessarily incurred in | |
| 215 | + | 5 the performance of their duties if funds are available. | |
| 216 | + | 6 However, the higher education institution in which a student | |
| 217 | + | 7 member is enrolled may compensate that student for | |
| 218 | + | 8 participating on the Task Force through a work-study program | |
| 219 | + | 9 or by providing a stipend to support the work of the student | |
| 220 | + | 10 member on the Task Force. | |
| 221 | + | 11 (d) The Task Force shall develop and recommend to the | |
| 222 | + | 12 Board of Higher Education and Illinois Community College Board | |
| 223 | + | 13 the base survey for distribution to higher education | |
| 224 | + | 14 institutions and provide the Board of Higher Education and | |
| 225 | + | 15 Illinois Community College Board with any related | |
| 226 | + | 16 recommendations regarding the content, timing, and application | |
| 227 | + | 17 of the base survey. The Task Force shall deliver the base | |
| 228 | + | 18 survey and related recommendations, including, but not limited | |
| 229 | + | 19 to, recommendations on achieving statistically valid response | |
| 230 | + | 20 rates, to the Board of Higher Education and Illinois Community | |
| 231 | + | 21 College Board no less often than every 2 years and for the | |
| 232 | + | 22 first time on or before July 31, 2023 July 31, 2022. | |
| 233 | + | 23 Thereafter, the Task Force shall meet in the year 2025 2024 and | |
| 234 | + | 24 in the year 2027 2026 to review the results of the survey and | |
| 235 | + | 25 to implement updates and improvements. The Task Force is | |
| 236 | + | 26 dissolved after the completion of the 2027 2026 base survey. | |
| 237 | + | ||
| 238 | + | ||
| 239 | + | ||
| 240 | + | ||
| 241 | + | ||
| 242 | + | HB2041 Enrolled - 7 - LRB103 04933 RJT 49943 b | |
| 243 | + | ||
| 244 | + | ||
| 245 | + | HB2041 Enrolled- 8 -LRB103 04933 RJT 49943 b HB2041 Enrolled - 8 - LRB103 04933 RJT 49943 b | |
| 246 | + | HB2041 Enrolled - 8 - LRB103 04933 RJT 49943 b | |
| 247 | + | 1 After the dissolution of the Task Force, the Executive | |
| 248 | + | 2 Director of the Board of Higher Education or a designee shall | |
| 249 | + | 3 review the base survey every 2 years to consider any feedback | |
| 250 | + | 4 that has been received and to implement improvements. | |
| 251 | + | 5 (e) In developing the base survey, the Task Force shall: | |
| 252 | + | 6 (1) utilize best practices from peer-reviewed research | |
| 253 | + | 7 and consult with individuals with expertise in the | |
| 254 | + | 8 development and use of sexual misconduct climate surveys | |
| 255 | + | 9 by higher education institutions; | |
| 256 | + | 10 (2) review sexual misconduct climate surveys that have | |
| 257 | + | 11 been developed and previously utilized by higher education | |
| 258 | + | 12 institutions in Illinois and by other states that mandate | |
| 259 | + | 13 campus climate surveys; | |
| 260 | + | 14 (3) provide opportunities for written comment from | |
| 261 | + | 15 survivors and organizations that work directly with | |
| 262 | + | 16 survivors of sexual misconduct to ensure the adequacy and | |
| 263 | + | 17 appropriateness of the proposed content; | |
| 264 | + | 18 (4) consult with institutions on strategies for | |
| 265 | + | 19 optimizing the effectiveness of the survey; | |
| 266 | + | 20 (5) account for the diverse needs and differences of | |
| 267 | + | 21 higher education institutions; and | |
| 268 | + | 22 (6) review the base survey to ensure that the strategy | |
| 269 | + | 23 for gathering information is trauma informed. | |
| 270 | + | 24 (f) The base survey shall gather information on topics, | |
| 271 | + | 25 including, but not limited to: | |
| 272 | + | 26 (1) the number and type of incidents, both reported to | |
| 273 | + | ||
| 274 | + | ||
| 275 | + | ||
| 276 | + | ||
| 277 | + | ||
| 278 | + | HB2041 Enrolled - 8 - LRB103 04933 RJT 49943 b | |
| 279 | + | ||
| 280 | + | ||
| 281 | + | HB2041 Enrolled- 9 -LRB103 04933 RJT 49943 b HB2041 Enrolled - 9 - LRB103 04933 RJT 49943 b | |
| 282 | + | HB2041 Enrolled - 9 - LRB103 04933 RJT 49943 b | |
| 283 | + | 1 the higher education institution and unreported to the | |
| 284 | + | 2 higher education institution, of sexual misconduct at the | |
| 285 | + | 3 higher education institution; | |
| 286 | + | 4 (2) when and where incidents of sexual misconduct | |
| 287 | + | 5 occurred, such as on campus, off campus, abroad, or | |
| 288 | + | 6 online; | |
| 289 | + | 7 (3) student awareness of institutional policies and | |
| 290 | + | 8 procedures related to campus sexual misconduct; | |
| 291 | + | 9 (4) whether a student reported the sexual misconduct | |
| 292 | + | 10 to the higher education institution and, if so, to which | |
| 293 | + | 11 campus resource such report was made and, if not, the | |
| 294 | + | 12 reason for the student's decision not to report; | |
| 295 | + | 13 (5) whether a student reported the sexual misconduct | |
| 296 | + | 14 to law enforcement and, if so, to which law enforcement | |
| 297 | + | 15 agency such report was made; | |
| 298 | + | 16 (6) whether a student was informed of or referred to | |
| 299 | + | 17 local, State, campus, or other resources or victim support | |
| 300 | + | 18 services, including appropriate medical care, advocacy, | |
| 301 | + | 19 counseling, and legal services; | |
| 302 | + | 20 (7) whether a student was provided information | |
| 303 | + | 21 regarding his or her right to protection from retaliation, | |
| 304 | + | 22 access to school-based accommodations, and criminal | |
| 305 | + | 23 justice remedies; | |
| 306 | + | 24 (8) contextual factors, such as the involvement of | |
| 307 | + | 25 force, incapacitation, coercion, or drug or alcohol | |
| 308 | + | 26 facilitation; | |
| 309 | + | ||
| 310 | + | ||
| 311 | + | ||
| 312 | + | ||
| 313 | + | ||
| 314 | + | HB2041 Enrolled - 9 - LRB103 04933 RJT 49943 b | |
| 315 | + | ||
| 316 | + | ||
| 317 | + | HB2041 Enrolled- 10 -LRB103 04933 RJT 49943 b HB2041 Enrolled - 10 - LRB103 04933 RJT 49943 b | |
| 318 | + | HB2041 Enrolled - 10 - LRB103 04933 RJT 49943 b | |
| 319 | + | 1 (9) demographic information that could be used to | |
| 320 | + | 2 identify at-risk groups, including, but not limited to, | |
| 321 | + | 3 gender, race, immigration status, national origin, | |
| 322 | + | 4 ethnicity, disability status, sexual orientation, and | |
| 323 | + | 5 gender identity; | |
| 324 | + | 6 (10) perceptions of campus safety among members of the | |
| 325 | + | 7 campus community and confidence in the institution's | |
| 326 | + | 8 ability to protect against and respond to incidents of | |
| 327 | + | 9 sexual misconduct; | |
| 328 | + | 10 (11) whether the student has chosen to withdraw or has | |
| 329 | + | 11 taken a leave of absence from the institution or | |
| 330 | + | 12 transferred to another institution; | |
| 331 | + | 13 (12) whether the student has withdrawn from any | |
| 332 | + | 14 classes or has been placed on academic probation as a | |
| 333 | + | 15 result of the incident; and | |
| 334 | + | 16 (13) other questions as determined by the Task Force. | |
| 335 | + | 17 All questions on the base survey shall be optional or shall | |
| 336 | + | 18 offer the student the option to select "I prefer not to answer" | |
| 337 | + | 19 as a response on the survey. | |
| 338 | + | 20 (g) The sexual misconduct climate survey shall collect | |
| 339 | + | 21 anonymous responses and shall not provide for the public | |
| 340 | + | 22 disclosure of any personally identifying information. No | |
| 341 | + | 23 institution may use or attempt to use information collected | |
| 342 | + | 24 through the sexual misconduct climate survey to identify or | |
| 343 | + | 25 contact any individual student on campus, nor shall the | |
| 344 | + | 26 results of the survey be used as the basis for any type of | |
| 345 | + | ||
| 346 | + | ||
| 347 | + | ||
| 348 | + | ||
| 349 | + | ||
| 350 | + | HB2041 Enrolled - 10 - LRB103 04933 RJT 49943 b | |
| 351 | + | ||
| 352 | + | ||
| 353 | + | HB2041 Enrolled- 11 -LRB103 04933 RJT 49943 b HB2041 Enrolled - 11 - LRB103 04933 RJT 49943 b | |
| 354 | + | HB2041 Enrolled - 11 - LRB103 04933 RJT 49943 b | |
| 355 | + | 1 investigation or disciplinary or legal proceeding. | |
| 356 | + | 2 (h) There shall be established within the Office of the | |
| 357 | + | 3 Board of Higher Education and the Office of the Illinois | |
| 358 | + | 4 Community College Board a data repository for all summaries of | |
| 359 | + | 5 sexual misconduct climate surveys submitted by higher | |
| 360 | + | 6 education institutions to the Board of Higher Education or | |
| 361 | + | 7 Illinois Community College Board in accordance with subsection | |
| 362 | + | 8 (b). The Board of Higher Education and Illinois Community | |
| 363 | + | 9 College Board shall ensure that the sexual misconduct climate | |
| 364 | + | 10 survey data submitted by all applicable institutions is | |
| 365 | + | 11 available to the public in an easily accessible manner on the | |
| 366 | + | 12 Board of Higher Education's or Illinois Community College | |
| 367 | + | 13 Board's website. | |
| 368 | + | 14 (i) Each higher education institution shall publish on the | |
| 369 | + | 15 institution's website in an easily accessible manner: | |
| 370 | + | 16 (1) the campus level results of the survey; | |
| 371 | + | 17 (2) the annual security report required under the | |
| 372 | + | 18 federal Jeanne Clery Disclosure of Campus Security Policy | |
| 373 | + | 19 and Campus Crime Statistics Act; | |
| 374 | + | 20 (3) the reports required under Section 9.21 of the | |
| 375 | + | 21 Board of Higher Education Act; and | |
| 376 | + | 22 (4) a link to the Board of Higher Education's and | |
| 377 | + | 23 Illinois Community College Board's statewide data on | |
| 378 | + | 24 sexual misconduct climate survey data as set forth in | |
| 379 | + | 25 subsection (h). | |
| 380 | + | 26 (j) The Board of Higher Education and Illinois Community | |
| 381 | + | ||
| 382 | + | ||
| 383 | + | ||
| 384 | + | ||
| 385 | + | ||
| 386 | + | HB2041 Enrolled - 11 - LRB103 04933 RJT 49943 b | |
| 387 | + | ||
| 388 | + | ||
| 389 | + | HB2041 Enrolled- 12 -LRB103 04933 RJT 49943 b HB2041 Enrolled - 12 - LRB103 04933 RJT 49943 b | |
| 390 | + | HB2041 Enrolled - 12 - LRB103 04933 RJT 49943 b | |
| 391 | + | 1 College Board shall establish rules and procedures, including | |
| 392 | + | 2 deadlines for dissemination and collection of survey | |
| 393 | + | 3 information, consistent with the purposes of this Section and | |
| 394 | + | 4 shall promote effective solicitation to achieve the highest | |
| 395 | + | 5 practical response rate, collection, and publication of | |
| 396 | + | 6 statistical information gathered from higher education | |
| 397 | + | 7 institutions. | |
| 398 | + | 8 (k) Upon determination, after reasonable notice and | |
| 399 | + | 9 opportunity for a hearing, that a higher education institution | |
| 400 | + | 10 has violated or failed to carry out any provision of this | |
| 401 | + | 11 Section or any rule adopted under this Section, the Board of | |
| 402 | + | 12 Higher Education or Illinois Community College Board, | |
| 403 | + | 13 whichever is applicable, may impose a civil penalty upon such | |
| 404 | + | 14 institution not to exceed $50,000, which shall be adjusted for | |
| 405 | + | 15 inflation annually, for each violation. The Board of Higher | |
| 406 | + | 16 Education and Illinois Community College Board shall use any | |
| 407 | + | 17 such civil penalty funds to provide oversight of this Section | |
| 408 | + | 18 and to provide funding to community organizations that provide | |
| 409 | + | 19 services to sexual assault victims. The Attorney General may | |
| 410 | + | 20 bring an action in the circuit court to enforce the collection | |
| 411 | + | 21 of any monetary penalty imposed under this subsection (k). | |
| 412 | + | 22 (Source: P.A. 102-325, eff. 8-6-21.) | |
| 413 | + | 23 Section 25. The Board of Higher Education Act is amended | |
| 414 | + | 24 by changing Sections 3 and 9.29 as follows: | |
| 415 | + | ||
| 416 | + | ||
| 417 | + | ||
| 418 | + | ||
| 419 | + | ||
| 420 | + | HB2041 Enrolled - 12 - LRB103 04933 RJT 49943 b | |
| 421 | + | ||
| 422 | + | ||
| 423 | + | HB2041 Enrolled- 13 -LRB103 04933 RJT 49943 b HB2041 Enrolled - 13 - LRB103 04933 RJT 49943 b | |
| 424 | + | HB2041 Enrolled - 13 - LRB103 04933 RJT 49943 b | |
| 425 | + | 1 (110 ILCS 205/3) (from Ch. 144, par. 183) | |
| 426 | + | 2 Sec. 3. Terms; vacancies. | |
| 427 | + | 3 (a) The members of the Board whose appointments are | |
| 428 | + | 4 subject to confirmation by the Senate shall be selected for | |
| 429 | + | 5 6-year terms expiring on January 31 of odd numbered years. | |
| 430 | + | 6 (b) The members of the Board shall continue to serve after | |
| 431 | + | 7 the expiration of their terms until their successors have been | |
| 432 | + | 8 appointed. | |
| 433 | + | 9 (c) Vacancies on the Board in offices appointed by the | |
| 434 | + | 10 Governor shall be filled by appointment by the Governor for | |
| 435 | + | 11 the unexpired term. If the appointment is subject to Senate | |
| 436 | + | 12 confirmation and the Senate is not in session or is in recess | |
| 437 | + | 13 when the appointment is made, the appointee shall serve | |
| 438 | + | 14 subject to subsequent Senate approval of the appointment. | |
| 439 | + | 15 (d) Each student member shall serve a term of one year | |
| 440 | + | 16 beginning on July 1 of each year and until a successor is | |
| 441 | + | 17 appointed and qualified. | |
| 442 | + | 18 (e) The member of the Board representing public university | |
| 443 | + | 19 governing boards and the member of the Board representing | |
| 444 | + | 20 private college and university boards of trustees, who are | |
| 445 | + | 21 appointed by the Governor but not subject to confirmation by | |
| 446 | + | 22 the Senate, shall serve terms of 3 years one year beginning on | |
| 447 | + | 23 July 1. | |
| 448 | + | 24 (Source: P.A. 102-1046, eff. 6-7-22.) | |
| 449 | + | 25 (110 ILCS 205/9.29) | |
| 450 | + | ||
| 451 | + | ||
| 452 | + | ||
| 453 | + | ||
| 454 | + | ||
| 455 | + | HB2041 Enrolled - 13 - LRB103 04933 RJT 49943 b | |
| 456 | + | ||
| 457 | + | ||
| 458 | + | HB2041 Enrolled- 14 -LRB103 04933 RJT 49943 b HB2041 Enrolled - 14 - LRB103 04933 RJT 49943 b | |
| 459 | + | HB2041 Enrolled - 14 - LRB103 04933 RJT 49943 b | |
| 460 | + | 1 Sec. 9.29. Tuition and fee waiver report. | |
| 461 | + | 2 (a) The Board of Higher Education shall annually compile | |
| 462 | + | 3 information concerning tuition and fee waivers and tuition and | |
| 463 | + | 4 fee waiver programs that has been provided by the Boards of | |
| 464 | + | 5 Trustees of the University of Illinois, Southern Illinois | |
| 465 | + | 6 University, Chicago State University, Eastern Illinois | |
| 466 | + | 7 University, Governors State University, Illinois State | |
| 467 | + | 8 University, Northeastern Illinois University, Northern | |
| 468 | + | 9 Illinois University, and Western Illinois University and shall | |
| 469 | + | 10 report its findings and recommendations concerning tuition and | |
| 470 | + | 11 fee waivers and tuition and fee waiver programs to the General | |
| 471 | + | 12 Assembly by filing electronic or paper copies of its report by | |
| 472 | + | 13 December 31 of each year as provided in Section 3.1 of the | |
| 473 | + | 14 General Assembly Organization Act. | |
| 474 | + | 15 (b) No later than November 1, 2023 July 1, 2020, and | |
| 475 | + | 16 annually thereafter, each public university must submit a | |
| 476 | + | 17 report to the Board of Higher Education on the amount of | |
| 477 | + | 18 tuition that undergraduate, degree-seeking students attending | |
| 478 | + | 19 the university paid in the previous academic year that | |
| 479 | + | 20 includes all of the following information: | |
| 480 | + | 21 (1) The percentage of undergraduate students who paid | |
| 481 | + | 22 more than 75% of full tuition costs. | |
| 482 | + | 23 (2) The percentage of undergraduate students who paid | |
| 483 | + | 24 more than 50% but no more than 75% of full tuition costs. | |
| 484 | + | 25 (3) The percentage of undergraduate students who paid | |
| 485 | + | 26 more than 25% but no more than 50% of full tuition costs. | |
| 486 | + | ||
| 487 | + | ||
| 488 | + | ||
| 489 | + | ||
| 490 | + | ||
| 491 | + | HB2041 Enrolled - 14 - LRB103 04933 RJT 49943 b | |
| 492 | + | ||
| 493 | + | ||
| 494 | + | HB2041 Enrolled- 15 -LRB103 04933 RJT 49943 b HB2041 Enrolled - 15 - LRB103 04933 RJT 49943 b | |
| 495 | + | HB2041 Enrolled - 15 - LRB103 04933 RJT 49943 b | |
| 496 | + | 1 (4) The percentage of undergraduate students who paid | |
| 497 | + | 2 no more than 25% of full tuition costs. | |
| 498 | + | 3 (5) The percentage of undergraduate students who had | |
| 499 | + | 4 no tuition costs. | |
| 500 | + | 5 The tuition costs calculated under this subsection must | |
| 501 | + | 6 reflect the amount of tuition paid by a student after all | |
| 502 | + | 7 scholarships, grants, and other financial assistance have been | |
| 503 | + | 8 applied to his or her tuition charge and must reflect only the | |
| 504 | + | 9 amounts paid by undergraduate, degree-seeking students. | |
| 505 | + | 10 The Board of Higher Education must annually compile and | |
| 506 | + | 11 submit to the General Assembly, as part of the report required | |
| 507 | + | 12 under subsection (a), the information received under this | |
| 508 | + | 13 subsection. | |
| 509 | + | 14 (Source: P.A. 100-167, eff. 1-1-18; 101-93, eff. 1-1-20.) | |
| 510 | + | 15 (110 ILCS 1005/14.10 rep.) | |
| 511 | + | 16 Section 30. The Private College Act is amended by | |
| 512 | + | 17 repealing Section 14.10. | |
| 513 | + | 18 Section 35. The Private College Act is amended by changing | |
| 514 | + | 19 Section 15 as follows: | |
| 515 | + | 20 (110 ILCS 1005/15) (from Ch. 144, par. 135) | |
| 516 | + | 21 Sec. 15. Any person violating any provision of this Act | |
| 517 | + | 22 shall be guilty of a petty offense and fined not less than $25 | |
| 518 | + | 23 nor more than $10,000 $100. Each day's violation of any | |
| 519 | + | ||
| 520 | + | ||
| 521 | + | ||
| 522 | + | ||
| 523 | + | ||
| 524 | + | HB2041 Enrolled - 15 - LRB103 04933 RJT 49943 b | |
| 525 | + | ||
| 526 | + | ||
| 527 | + | HB2041 Enrolled- 16 -LRB103 04933 RJT 49943 b HB2041 Enrolled - 16 - LRB103 04933 RJT 49943 b | |
| 528 | + | HB2041 Enrolled - 16 - LRB103 04933 RJT 49943 b | |
| 529 | + | 1 provision of this Act shall constitute a separate offense. | |
| 530 | + | 2 (Source: P.A. 84-1308.) | |
| 531 | + | 3 Section 40. The Academic Degree Act is amended by changing | |
| 532 | + | 4 Section 10.10 as follows: | |
| 533 | + | 5 (110 ILCS 1010/10.10) | |
| 534 | + | 6 Sec. 10.10. Academic Quality Assurance Fund. The Academic | |
| 535 | + | 7 Quality Assurance Fund is created as a special fund in the | |
| 536 | + | 8 State treasury. All fees collected for the administration and | |
| 537 | + | 9 enforcement of this Act and the Private College Act must be | |
| 538 | + | 10 deposited into this Fund. All money in the Fund must be used, | |
| 539 | + | 11 subject to appropriation, by the Board to supplement support | |
| 540 | + | 12 for the administration and enforcement of this Act and the | |
| 541 | + | 13 Private College Act and must not be used for any other purpose. | |
| 542 | + | 14 Rulemaking authority to implement this amendatory Act of | |
| 543 | + | 15 the 95th General Assembly, if any, is conditioned on the rules | |
| 544 | + | 16 being adopted in accordance with all provisions of the | |
| 545 | + | 17 Illinois Administrative Procedure Act and all rules and | |
| 546 | + | 18 procedures of the Joint Committee on Administrative Rules; any | |
| 547 | + | 19 purported rule not so adopted, for whatever reason, is | |
| 548 | + | 20 unauthorized. | |
| 549 | + | 21 (Source: P.A. 95-1046, eff. 3-27-09.) | |
| 550 | + | 22 Section 99. Effective date. This Act takes effect upon | |
| 551 | + | 23 becoming law. | |
| 552 | + | ||
| 553 | + | ||
| 554 | + | ||
| 555 | + | ||
| 556 | + | ||
| 557 | + | HB2041 Enrolled - 16 - LRB103 04933 RJT 49943 b |