HIGHER ED STUDENT BILL OF RTS

Illinois General Assembly - Full Text of HB4304

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Full Text of HB4304

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HB4304 - 104th General Assembly

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House Amendment 001

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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
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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
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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
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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
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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
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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.

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