Recent Bill Amends the Public Community College Act to Limit the Use of AI as an Instructional Tool

While many community colleges have started to revise technology-use policies to account for the growing use of Artificial Intelligence (“AI”), there is little Illinois legislation regulating how community college students and staff should responsibly use AI. However, with the expanding use of AI on college campuses, efforts to address AI use in higher education are gaining legislative support.

House Bill 1859, which was originally introduced in January of 2025, passed the Senate in a 42-12 vote on May 21. The bill seeks to amend Section 3-29 of the Public Community College Act (the “Act”), and creates a new subsection entitled “Primary instructor qualifications.” The new subsection states:

Each board shall require the primary instructor of a course to be an individual who meets the qualifications set forth in 23 Ill. Adm. Code 1501.303(f) and any other applicable rules adopted by the State Board. A course may not, in lieu of a primary instructor, use artificial intelligence or a generative intelligence program, as defined in Section 2-101 of the Illinois Human Rights Act. (110 ILCS 805/3-29.28) (emphasis added).

This provision, if implemented, would prohibit community colleges from utilizing AI programs instead of educators to lead courses. While the law itself does not prevent the use of AI in classrooms, it would circumvent potential ethical issues community colleges face when deciding the extent to which AI plays a role in educating students.

As of May 29, 2025, the bill has reached the House of Representatives and the Higher Education Committee has recommended the bill for adoption.

Should you have any questions regarding Bill 1859 or implementation of AI policies, please reach out to your Robbins Schwartz attorney for assistance.