SB2202 104TH GENERAL ASSEMBLY

LRB104 10374 LNS 20449 b

104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
SB2202

Introduced 2/7/2025, by Sen. Graciela Guzmán

SYNOPSIS AS INTRODUCED:

New Act
110 ILCS 205/9.45 new
110 ILCS 205/9.46 new
110 ILCS 205/9.47 new
110 ILCS 805/2-12	from Ch. 122, par. 102-12
110 ILCS 805/3-22.4 new

Creates the Academic Freedom of Expression Act. Prohibits a public institution of higher education or private institution of higher education from making or enforcing a rule subjecting a student to disciplinary sanctions solely on the basis of conduct that is speech or other communication that, when engaged in outside the campus or facility of the institution, is protected from governmental restriction by the First Amendment of the United States Constitution. Allows a student enrolled in a private postsecondary institution at the time that the institution has made or enforced any rule violating the Act to commence a civil action to obtain appropriate injunctive and declaratory relief as determined by the court. Sets forth exceptions. Amends the Board of Higher Education Act. Grants the following powers to the Board of Higher Education: the power to adopt policies protecting academic freedom of speech; the power to support the Illinois Community College Board in developing its academic freedom of speech policies; and the power to establish and enforce rules requiring private institutions of higher education to develop and implement plans related to academic freedom of speech within a reasonable deadline. Amends the Public Community College Act. Grants the following power to the Illinois Community College Board: the power to create and enforce rules which ensure that all faculty members are entitled to freedom in the classroom in discussing their subject where such freedom shall be extended within the confines of the course outcomes, degree or program requirements, and accreditation requirements; and the power to create and enforce rules which ensure that faculty members and students are entitled to full freedom in research and in the publication of the results.

A BILL FOR

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 Academic Freedom of Expression Act.

Section 5. Definitions. As used in this Act:

"Private institution of higher education" means Any institution of higher education that is subject to the Private College Act or the Academic Degree Act.

"Public institutions of higher education" means the University of Illinois, Southern Illinois University, Chicago State University, Eastern Illinois University, Governors State University, Illinois State University, Northeastern Illinois University, Northern Illinois University, Western Illinois University, the public community colleges of the State and any other public universities, colleges, and community colleges now or hereafter established or authorized by the General Assembly.

Section 10. Academic freedom of expression. No public institution of higher education or private institution of higher education shall make or enforce a rule subjecting a student to disciplinary sanctions solely on the basis of conduct that is speech or other communication that, when engaged in outside the campus or facility of the institution, is protected from governmental restriction by the First Amendment of the United States Constitution.

Section 15. Private right of action; attorney's fees. A student enrolled in a private postsecondary institution at the time that the institution has made or enforced any rule in violation of Section 10 may commence a civil action to obtain appropriate injunctive and declaratory relief as determined by the court. Upon motion, a court may award attorney's fees to a prevailing plaintiff in a civil action pursuant to this Section.

Section 20. Exceptions.

(a) This Act does not apply to a private postsecondary educational institution that is controlled by a religious organization to the extent that the applications of this Act would not be consistent with the religious tenets of that organization.

(b) This Act does not prohibit the imposition of discipline for harassment, threats, or intimidation.

(c) This Act does not prohibit an institution from adopting rules that are designed to prevent hate violence from being directed at students in a manner that denies them their full participation in the educational process, so long as the rules conform to standards established by the First Amendment of the United States Constitution.

Section 25. The Board of Higher Education Act is amended by adding Sections 9.45, 9.46, and 9.47 as follows:

(110 ILCS 205/9.45 new)

Sec. 9.45. Academic freedom of speech policies in public institutions of higher education. No later than one year after the effective date of this amendatory Act of the 104th General Assembly, to make rules requiring the Board of Trustees of the University of Illinois, the Board of Trustees of Southern Illinois University, the Board of Trustees of Chicago State University, the Board of Trustees of Eastern Illinois University, the Board of Trustees of Governors State University, the Board of Trustees of Illinois State University, the Board of Trustees of Northeastern Illinois University, the Board of Trustees of Northern Illinois University, and the Board of Trustees of Western Illinois University to adopt policies protecting academic freedom of speech. Such policies must include, but may not be limited to:

(1) Provisions affording the right of faculty members and students to freely discuss the subject matter of their teaching material without fear of discipline, up to and including termination.

(2) Provisions affording faculty members and students full freedom in research and in the publication of the results of that research without fear of discipline, up to and including termination.

(110 ILCS 205/9.46 new)

Sec. 9.46. Support Illinois Community College Board. To support the Illinois Community College Board in developing its academic freedom of speech policies described in subsection (q) and (r) of Section 2-1 of the Public Community College Act.

(110 ILCS 205/9.47 new)

Sec. 9.47. Academic freedom of speech plans in private institutions of higher education. No later than one year after the effective date of this amendatory Act of the 104th General Assembly, to establish and enforce rules requiring private institutions of higher education to develop and implement plans related to academic freedom of speech within a reasonable deadline as established by the Board. Such plans shall include, but not be limited to:

(1) Provisions affording the right of faculty members and students to freely discuss the subject matter of their teaching material without fear of discipline, up to and including termination.

(2) Provisions affording faculty members and students full freedom in research and in the publication of the results of that research without fear of discipline, up to and including termination.

Section 30. The Public Community College Act is amended by changing Section 2-12 and by adding Section 3-22.4 as follows:

(110 ILCS 805/2-12) (from Ch. 122, par. 102-12)

Sec. 2-12. The State Board shall have the power and it shall be its duty:

(a) To provide statewide planning for community colleges as institutions of higher education and to coordinate the programs, services and activities of all community colleges in the State so as to encourage and establish a system of locally initiated and administered comprehensive community colleges.

(b) To organize and conduct feasibility surveys for new community colleges or for the inclusion of existing institutions as community colleges and the locating of new institutions.

(c) (Blank).

(c-5) In collaboration with the community colleges, to furnish information for State and federal accountability purposes, promote student and institutional improvement, and meet research needs.

(d) To cooperate with the community colleges in collecting and maintaining student characteristics, enrollment and completion data, faculty and staff characteristics, financial data, admission standards, facility data, and any other issues facing community colleges.

(e) To enter into contracts with other governmental agencies and eligible providers, such as local educational agencies, community-based organizations of demonstrated effectiveness, volunteer literacy organizations of demonstrated effectiveness, institutions of higher education, public and private nonprofit agencies, libraries, and public housing authorities; to accept federal funds and to plan with other State agencies when appropriate for the allocation of such federal funds for instructional programs and student services including such funds for adult education and literacy, vocational and career and technical education, and retraining as may be allocated by state and federal agencies for the aid of community colleges. To receive, receipt for, hold in trust, expend and administer, for all purposes of this Act, funds and other aid made available by the federal government or by other agencies public or private, subject to appropriation by the General Assembly. The changes to this subdivision (e) made by Public Act 91-830 apply on and after July 1, 2001.

(f) To determine efficient and adequate standards for community colleges for the physical plant, heating, lighting, ventilation, sanitation, safety, equipment and supplies, instruction and teaching, curriculum, library, operation, maintenance, and administration and supervision.

(g) To determine the standards for establishment of community colleges and the proper location of the site in relation to existing institutions of higher education offering academic, occupational and technical training curricula, possible enrollment, assessed valuation, industrial, business, agricultural, and other conditions reflecting educational needs in the area to be served; however, no community college may be considered as being recognized nor may the establishment of any community college be authorized in any district which shall be deemed inadequate for the maintenance, in accordance with the desirable standards thus determined, of a community college offering the basic subjects of general education and suitable vocational and semiprofessional and technical curricula.

(h) To approve or disapprove new units of instruction, research or public service as defined in Section 3-25.1 of this Act submitted by the boards of trustees of the respective community college districts of this State. The State Board may discontinue programs which fail to reflect the educational needs of the area being served. The community college district shall be granted 60 days following the State Board staff recommendation and prior to the State Board's action to respond to concerns regarding the program in question. If the State Board acts to abolish a community college program, the community college district has a right to appeal the decision in accordance with administrative rules promulgated by the State Board under the provisions of the Illinois Administrative Procedure Act.

(i) To review and approve or disapprove any contract or agreement that community colleges enter into with any organization, association, educational institution, or government agency to provide educational services for academic credit. The State Board is authorized to monitor performance under any contract or agreement that is approved by the State Board. If the State Board does not approve a particular contract or agreement, the community college district has a right to appeal the decision in accordance with administrative rules promulgated by the State Board under the provisions of the Illinois Administrative Procedure Act. Nothing in this subdivision (i) shall be interpreted as applying to collective bargaining agreements with any labor organization.

(j) To establish guidelines regarding sabbatical leaves.

(k) (Blank).

(l) (Blank).

(m) (Blank).

(n) To create and participate in the conduct and operation of any corporation, joint venture, partnership, association, or other organizational entity that has the power: (i) to acquire land, buildings, and other capital equipment for the use and benefit of the community colleges or their students; (ii) to accept gifts and make grants for the use and benefit of the community colleges or their students; (iii) to aid in the instruction and education of students of community colleges; and (iv) to promote activities to acquaint members of the community with the facilities of the various community colleges.

(o) To ensure the effective teaching of adult learners and to prepare them for success in employment and lifelong learning by administering a network of providers, programs, and services to provide classes for the instruction of those individuals who (i) are 16 years of age or older, are not enrolled or required to be enrolled in a secondary school under State law, and are basic-skills deficient, (ii) do not have a secondary school diploma or its recognized equivalent and have not achieved an equivalent level of education, or (iii) are an English language learner. Classes in adult education may include adult basic education, adult secondary and high school equivalency testing education, high school credit, literacy, English language acquisition, integrated education and training in coordination with vocational skills training, and any other instruction designed to prepare adult students to function successfully in society and to experience success in postsecondary education and employment.

(p) To supervise the administration of adult education and literacy programs, to establish the standards for such courses of instruction and supervise the administration thereof, to contract with other State and local agencies and eligible providers of demonstrated effectiveness, such as local educational agencies, community-based organizations, volunteer literacy organizations, institutions of higher education, public and private nonprofit agencies, libraries, public housing authorities, and nonprofit institutions for the purpose of promoting and establishing classes for instruction under these programs, to contract with other State and local agencies to accept and expend appropriations for educational purposes to reimburse local eligible providers for the cost of these programs, and to establish an advisory council consisting of all categories of eligible providers; agency partners, such as the State Board of Education, the Department of Human Services, the Department of Employment Security, the Department of Commerce and Economic Opportunity, and the Secretary of State literacy program; and other stakeholders to identify, deliberate, and make recommendations to the State Board on adult education policy and priorities. The State Board shall support statewide geographic distribution; diversity of eligible providers; and the adequacy, stability, and predictability of funding so as not to disrupt or diminish, but rather to enhance, adult education and literacy services.

(q) No later than one year after the effective date of this amendatory Act of the 104th General Assembly, to create and enforce rules which ensure that all faculty members are entitled to freedom in the classroom in discussing their subject, including ensuring that such faculty members have the right to introduce topics into their teaching matters related to their subject or the education of their students in that subject within the discourse of their discipline, where such freedom shall be extended within the confines of the course outcomes, degree or program requirements, and accreditation requirements.

(r) No later than one year after the effective date of this amendatory Act of the 104th General Assembly, to create and enforce rules which ensure that faculty members and students are entitled to full freedom in research and in the publication of the results.

(Source: P.A. 103-940, eff. 8-9-24.)

(110 ILCS 805/3-22.4 new)

Sec. 3-22.4. Academic freedom of speech. No later than one year after the effective date of this amendatory Act of the 104th General Assembly, to adopt and enforce all necessary rules that are at least as stringent as those established by the State Board pursuant to subsection (q) and (r) of the Public Community College Act which ensures that:

(1) all faculty members are entitled to freedom in the classroom in discussing their subject, including ensuring that such faculty members have the right to introduce topics into their teaching matters related to their subject or the education of their students in that subject within the discourse of their discipline, where such freedom shall be extended within the confines of the course outcomes, degree or program requirements, and accreditation requirements; and

(2) faculty members and students are entitled to full freedom in research and in the publication of the results.