HB4304: HIGHER ED STUDENT BILL OF RTS

HB4304 Enrolled LRB104 16443 LNS 29835 b 1 AN ACT concerning education. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 1. Short title. This Act may be cited as the Higher 5 Education Student Support and Academic Freedom Act. 6 Section 5. Legislative findings. The General Assembly 7 finds that: 8 (1) this State has a compelling interest in preserving 9 the integrity, independence, and academic freedom of its 10 public institutions of higher education and in supporting 11 students' pursuit of learning, inquiry, and career 12 readiness; 13 (2) students benefit when this State affirms core 14 principles, including free inquiry, viewpoint-neutral 15 access to programs and activities, safety, 16 nondiscrimination, and academic excellence, while 17 providing public institutions of higher education with 18 clear, workable standards; and 19 (3) this State likewise has an interest in ensuring 20 that public institutions of higher education are not 21 subjected to expansive or uncertain liabilities due to the 22 institutions' good-faith efforts at substantial 23 compliance. HB4304 Enrolled - 2 - LRB104 16443 LNS 29835 b 1 Section 10. Student support and academic access charter. 2 (a) Inclusive and safe learning environment. Public 3 institutions of higher education shall strive to foster an 4 environment that is free from unlawful discrimination or 5 harassment based on any protected characteristic under 6 applicable law. 7 (b) Safety and respect. Public institutions of higher 8 education shall strive to maintain clear, content-neutral 9 conduct standards and reporting channels designed to address 10 unlawful discrimination, harassment, intimidation, and 11 retaliation, in accordance with applicable law. 12 (c) Accessibility. Public institutions of higher education 13 shall strive to have clear policies describing how students 14 with disabilities can request and receive reasonable 15 accommodations to enable equal academic and campus 16 participation, in accordance with applicable law and 17 educational standards. 18 (d) Free expression and academic access. Public 19 institutions of higher education may not unlawfully infringe 20 on students' constitutional rights to free speech, press, 21 assembly, and petition. Public institutions of higher 22 education shall have the ability to adopt viewpoint-neutral 23 time, place, and manner restrictions and safeguard academic 24 freedom within pedagogically relevant contexts, in accordance 25 with applicable law. HB4304 Enrolled - 3 - LRB104 16443 LNS 29835 b 1 (e) Freedom of association and freedom to organize. Public 2 institutions of higher education shall have the ability to 3 allow students to form and join associations, subject to 4 reasonable, viewpoint-neutral requirements for recognition and 5 funding that are consistently enforced and in accordance with 6 applicable law. 7 (f) Peaceful protest. Public institutions of higher 8 education shall have the ability to allow students to engage 9 in lawful, peaceful protest, subject to reasonable, 10 viewpoint-neutral time, place, and manner restrictions, 11 including restrictions that protect campus safety and the 12 continuity of educational operations. 13 (g) Academic transparency. Public institutions of higher 14 education shall strive to publish clear, accurate, and timely 15 information regarding courses, degree pathways, credit 16 evaluation and transferability, and graduation criteria. 17 (h) Fair evaluation. Public institutions of higher 18 education shall strive to assess academic performance based on 19 demonstrated learning and achievement and pursuant to 20 published standards, with due regard for the professional 21 judgment of faculty. 22 (i) Educational records. Students have the right to 23 inspect, review, and request corrections to higher educational 24 records, in accordance with applicable law. 25 (j) Insulation of academic programs from undue political 26 interference. Public institutions of higher education shall HB4304 Enrolled - 4 - LRB104 16443 LNS 29835 b 1 have the ability to ensure academic programs are guided by 2 professional and disciplinary standards and academic 3 integrity. 4 (k) Career preparation. Public institutions of higher 5 education shall strive to provide students with information 6 and opportunities in pertinent academic programs that promote 7 workforce-relevant skills, career exploration, and stackable 8 or recognized credentials of value. 9 (l) Educational quality. Public institutions of higher 10 education shall strive to provide independently accredited 11 education that integrates broad learning, cultivates 12 transferable skills, and prepares students for engaged 13 citizenship. 14 (m) Due process. Public institutions of higher education 15 shall strive to provide students with a fair disciplinary 16 process appropriate to the nature of the applicable 17 disciplinary charge, including notice of the charge, access to 18 relevant evidence if feasible, and an opportunity to be heard, 19 in accordance with applicable law. 20 (n) Institutional accountability. Public institutions of 21 higher education shall strive to follow published policies and 22 provide internal appeal routes for adverse educational actions 23 as appropriate or required by applicable law. 24 (o) Financial transparency. Public institutions of higher 25 education shall strive to clearly disclose tuition, fees, and 26 applicable, material financial obligations prior to and during HB4304 Enrolled - 5 - LRB104 16443 LNS 29835 b 1 enrollment. 2 (p) Refunds and withdrawals. Public institutions of higher 3 education shall have the ability to publish transparent 4 policies on tuition refunds, withdrawals, and cancellations. 5 (q) Transfer practices. Public institutions of higher 6 education shall strive to provide a timely, transparent, and 7 consistent evaluation of transfer credits using published 8 criteria. Nothing in this Act requires an acceptance of 9 credits inconsistent with any legitimate academic standards 10 the public institution of higher education deems appropriate. 11 Section 15. Construction of Act. 12 (a) This Act shall be construed in accordance with, and 13 not in conflict with, applicable federal and State law, 14 including, but not limited to, Title VI of the federal Civil 15 Rights Act of 1964, Title IX of the federal Education 16 Amendments of 1972, the federal Jeanne Clery Disclosure of 17 Campus Security Policy and Campus Crime Statistics Act, the 18 federal Family Educational Rights and Privacy Act of 1974, the 19 federal Americans with Disabilities Act of 1990, Section 504 20 of the federal Rehabilitation Act of 1973, and the Illinois 21 Human Rights Act. 22 (b) Nothing in this Act imposes obligations that would 23 cause a public institution of higher education to violate 24 applicable law, including any federal requirements, or risk 25 the loss of federal or other funds. HB4304 Enrolled - 6 - LRB104 16443 LNS 29835 b 1 (c) Nothing in this Act may be construed to create 2 contractual rights or to convert institutional policies into 3 express or implied contracts. 4 (d) Nothing in this Act may be construed to grant a private 5 right of action to enforce the provisions of this Act.