Illinois General Assembly - Full Text of Public Act 103-1020

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Public Act 103-1020

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Public Act 1020 103RD GENERAL ASSEMBLY

Public Act 103-1020

SB3581 Enrolled LRB103 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.

Effective Date: 8/9/2024