Regulating Intelligence: New A.I. Laws and their Impact on Higher Education

The new year brings new compliance obligations for Illinois community colleges concerning the use of artificial intelligence (A.I.). Two new laws, both effective on January 1, 2026, place parameters on the evolving world of A.I.

Public Act 104-0201 – Amendment to the Illinois Public Community College Act

Public Act 104-0201 adds Section 3-29.28 to the Illinois Public Community College Act. Section 3-29.28 prohibits community colleges from using A.I. as the “sole source of instruction” for students in a particular course. However, Section 3-29.28 makes clear that faculty members may use A.I. to “augment course instruction.”

Public Act 103-0804 – Amendment to the Illinois Human Rights Act

Public Act 103-0804 amends the Illinois Human Rights Act (IHRA) requiring employers to provide notice when using A.I. with respect to recruitment, hiring, promotion, renewal of employment, selection for training or apprenticeship, discharge, discipline, tenure, or other terms, privileges, or conditions of employment. Public Act 103-0804 also prohibits an employer from using A.I. that has the effect of subjecting employees to discrimination on the basis of protected classes under IHRA or to use ZIP codes as a proxy for protected classes under the IHRA.

The Illinois Department of Human Rights (IDHR) is responsible for adopting administrative rules covering the legal obligations created by Public Act 103-0804. The IDHR recently shared draft rules. As of January 14, 2026, the rules were not yet formally published for public comment.

If you have questions about these new laws and compliance obligations, please contact your Robbins Schwartz attorney.