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| 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 5. The Board of Higher Education Act is amended by | |||||||||||||||||||||||||||
| 5 | changing Section 7 as follows: | |||||||||||||||||||||||||||
| 6 | (110 ILCS 205/7) (from Ch. 144, par. 187) | |||||||||||||||||||||||||||
| 7 | Sec. 7. The Board of Trustees of the University of | |||||||||||||||||||||||||||
| 8 | Illinois, the Board of Trustees of Southern Illinois | |||||||||||||||||||||||||||
| 9 | University, the Board of Trustees of Chicago State University, | |||||||||||||||||||||||||||
| 10 | the Board of Trustees of Eastern Illinois University, the | |||||||||||||||||||||||||||
| 11 | Board of Trustees of Governors State University, the Board of | |||||||||||||||||||||||||||
| 12 | Trustees of Illinois State University, the Board of Trustees | |||||||||||||||||||||||||||
| 13 | of Northeastern Illinois University, the Board of Trustees of | |||||||||||||||||||||||||||
| 14 | Northern Illinois University, the Board of Trustees of Western | |||||||||||||||||||||||||||
| 15 | Illinois University, the Illinois Community College Board and | |||||||||||||||||||||||||||
| 16 | the campuses under their governance or supervision shall not | |||||||||||||||||||||||||||
| 17 | hereafter undertake the establishment of any new unit of | |||||||||||||||||||||||||||
| 18 | instruction, research, or public service without the approval | |||||||||||||||||||||||||||
| 19 | of the Board. The term "new unit of instruction, research, or | |||||||||||||||||||||||||||
| 20 | public service" includes the establishment of a college, | |||||||||||||||||||||||||||
| 21 | school, division, institute, department, or other unit in any | |||||||||||||||||||||||||||
| 22 | field of instruction, research, or public service not | |||||||||||||||||||||||||||
| 23 | theretofore included in the program of the institution, and | |||||||||||||||||||||||||||
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| 1 | includes the establishment of any new branch or campus. The | ||||||
| 2 | term does not include reasonable and moderate extensions of | ||||||
| 3 | existing curricula, research, or public service programs which | ||||||
| 4 | have a direct relationship to existing programs; and the Board | ||||||
| 5 | may, under its rulemaking power, define the character of such | ||||||
| 6 | reasonable and moderate extensions. | ||||||
| 7 | Such governing boards shall submit to the Board all | ||||||
| 8 | proposals for a new unit of instruction, research, or public | ||||||
| 9 | service. The Board may approve or disapprove the proposal in | ||||||
| 10 | whole or in part or approve modifications thereof whenever in | ||||||
| 11 | its judgment such action is consistent with the objectives of | ||||||
| 12 | an existing or proposed statewide strategic plan of higher | ||||||
| 13 | education. | ||||||
| 14 | The Board of Higher Education is authorized to review | ||||||
| 15 | periodically all academic master plans all existing programs | ||||||
| 16 | of instruction, research, and public service at public | ||||||
| 17 | institutions of higher education, excluding public community | ||||||
| 18 | colleges of the State, the State universities and colleges and | ||||||
| 19 | to advise the appropriate board of control if the contribution | ||||||
| 20 | of each program is not educationally and economically | ||||||
| 21 | justified. The Board shall annually identify and provide to | ||||||
| 22 | each public university certain programs of instruction that | ||||||
| 23 | exhibit indicators of low performance in enrollment, degree | ||||||
| 24 | completion, and relative high expense per degree. Each public | ||||||
| 25 | university shall review this information, together with any | ||||||
| 26 | other relevant information, and report annually to the Board | ||||||
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| 1 | with its proposed performance improvement plan for each | ||||||
| 2 | identified program, using a rubric provided by the Board, | ||||||
| 3 | including programs to be closed or consolidated. The Board | ||||||
| 4 | shall report annually on the instructional programs offered at | ||||||
| 5 | public institutions of higher education, to show number, | ||||||
| 6 | types, and locations of instructional programs, new programs | ||||||
| 7 | created, existing programs that have been closed or | ||||||
| 8 | consolidated as a result of the review and report above, and | ||||||
| 9 | other information relevant to assessing the State's portfolio | ||||||
| 10 | of programs. Each State university shall report annually to | ||||||
| 11 | the Board on programs of instruction, research, or public | ||||||
| 12 | service that have been terminated, dissolved, reduced, or | ||||||
| 13 | consolidated by the university. Each State university shall | ||||||
| 14 | also report to the Board all programs of instruction, | ||||||
| 15 | research, and public service that exhibit a trend of low | ||||||
| 16 | performance in enrollments, degree completions, and high | ||||||
| 17 | expense per degree. The Board shall compile an annual report | ||||||
| 18 | that shall contain information on new programs created, | ||||||
| 19 | existing programs that have been closed or consolidated, and | ||||||
| 20 | programs that exhibit low performance or productivity. The | ||||||
| 21 | report must be submitted to the General Assembly and the | ||||||
| 22 | Governor. The Board shall have the authority to define | ||||||
| 23 | relevant terms and timelines by rule with respect to this | ||||||
| 24 | reporting. | ||||||
| 25 | (Source: P.A. 101-81, eff. 7-12-19; 102-1046, eff. 6-7-22.) | ||||||
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| 1 | Section 10. The Private College Act is amended by changing | ||||||
| 2 | Sections 3 and 4.5 as follows: | ||||||
| 3 | (110 ILCS 1005/3) (from Ch. 144, par. 123) | ||||||
| 4 | Sec. 3. (a) Applications submitted to the Board for a | ||||||
| 5 | certificate of approval to operate a post-secondary | ||||||
| 6 | educational institution shall contain a statement of the | ||||||
| 7 | following: | ||||||
| 8 | 1. the proposed name of the institution and its | ||||||
| 9 | proposed location; | ||||||
| 10 | 2. the nature, extent and purposes of the courses of | ||||||
| 11 | study to be given; | ||||||
| 12 | 3. the fees to be charged, and the conditions under | ||||||
| 13 | which the fees are to be paid, and tuition schedule that | ||||||
| 14 | includes, but is not limited to, tuition rates per course | ||||||
| 15 | or unit of work; | ||||||
| 16 | 4. the education and experience of the members of the | ||||||
| 17 | teaching staff; | ||||||
| 18 | 5. the degrees to be issued to students upon | ||||||
| 19 | completion of courses of instruction. | ||||||
| 20 | (b) The Board may not approve any application for a | ||||||
| 21 | certificate of approval that has been plagiarized, in part or | ||||||
| 22 | in whole. Additionally, the Board may not approve any | ||||||
| 23 | application that has not been completed in its entirety and | ||||||
| 24 | such application shall be returned to the post-secondary | ||||||
| 25 | educational institution. | ||||||
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| 1 | (Source: P.A. 102-1046, eff. 6-7-22.) | ||||||
| 2 | (110 ILCS 1005/4.5) | ||||||
| 3 | Sec. 4.5. Disclosure of heightened monitoring of finances. | ||||||
| 4 | Any institution with a certificate of approval under this Act | ||||||
| 5 | is required to make the following disclosures: | ||||||
| 6 | (1) If the United States Department of Education | ||||||
| 7 | places the institution on either the Heightened Cash | ||||||
| 8 | Monitoring 2 payment method or the reimbursement payment | ||||||
| 9 | method, as authorized under 34 CFR 668.162, a clear and | ||||||
| 10 | conspicuous disclosure that the United States Department | ||||||
| 11 | of Education has heightened monitoring of the | ||||||
| 12 | institution's finances and the reason for such monitoring. | ||||||
| 13 | Such disclosure shall be made by the institution within 14 | ||||||
| 14 | days of the action of the United States Department of | ||||||
| 15 | Education by (i) notice both on the institution's website, | ||||||
| 16 | (ii) notice and to all students and prospective students | ||||||
| 17 | on a form prescribed by the Board, and (iii) written | ||||||
| 18 | notice to the Board. | ||||||
| 19 | (2) Any other disclosure the Board requires by rule | ||||||
| 20 | adopted pursuant to this Act. | ||||||
| 21 | (Source: P.A. 102-1046, eff. 6-7-22.) | ||||||
| 22 | Section 15. The Academic Degree Act is amended by changing | ||||||
| 23 | Sections 5 and 6 as follows: | ||||||
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| 1 | (110 ILCS 1010/5) (from Ch. 144, par. 235) | ||||||
| 2 | Sec. 5. Degrees by other than residence institutions.) (a) | ||||||
| 3 | Any educational organization or entity which does not conduct | ||||||
| 4 | instruction in residence may award degrees and qualify as a | ||||||
| 5 | degree granting institution upon approval by the Board. Such | ||||||
| 6 | approval shall be given only if the Board finds that the | ||||||
| 7 | applicant, organization or entity: | ||||||
| 8 | (1) Maintains physical facilities suitable and sufficient | ||||||
| 9 | to the giving of a program or programs of instruction of degree | ||||||
| 10 | caliber in the field or fields wherein it proposes to grant | ||||||
| 11 | degrees; | ||||||
| 12 | (2) Maintains a suitable and sufficient faculty for | ||||||
| 13 | instruction in its degree granting program or programs; | ||||||
| 14 | (3) Maintains its student records in a safe and suitable | ||||||
| 15 | place so that there is reasonable assurance that they are and | ||||||
| 16 | will remain available for all normal purposes for a reasonable | ||||||
| 17 | period of time; | ||||||
| 18 | (4) Maintains financial a stability sufficient to carry | ||||||
| 19 | out its obligations under the enrollment contracts; and | ||||||
| 20 | (5) Maintains appropriate accreditation to provide | ||||||
| 21 | educational programming; and | ||||||
| 22 | (6) (5) Complies with all provisions of this Act other | ||||||
| 23 | than the requirement for instruction in residence. | ||||||
| 24 | (Source: P.A. 80-1309.) | ||||||
| 25 | (110 ILCS 1010/6) (from Ch. 144, par. 236) | ||||||
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| 1 | Sec. 6. Right of inspection; penalty for refusal or | ||||||
| 2 | obstruction. Any duly authorized employee or other | ||||||
| 3 | representative of the Board may, announced or unannounced, | ||||||
| 4 | enter upon the premises of any degree granting institution or | ||||||
| 5 | may have access through electronic means to inspect or | ||||||
| 6 | otherwise examine the same and any books, papers or other | ||||||
| 7 | records pertaining to the degree granting program of such | ||||||
| 8 | institution including, but not limited to, financial records | ||||||
| 9 | such as balance sheets, income statements, and cash flow | ||||||
| 10 | statements. For failure to permit such entry, inspection or | ||||||
| 11 | examination or for obstruction thereof, the Board may | ||||||
| 12 | invalidate any notice filed with it by the degree granting | ||||||
| 13 | institution and revoke any authorization made pursuant to | ||||||
| 14 | Section 4 of this Act and may refuse to accept another notice | ||||||
| 15 | from or on behalf of such institution or any person connected | ||||||
| 16 | with the administration thereof until such refusal or | ||||||
| 17 | obstruction has been withdrawn. Any action taken pursuant to | ||||||
| 18 | this Section shall be in addition to any other penalty which | ||||||
| 19 | may be imposed for violation of this Act. | ||||||
| 20 | (Source: P.A. 102-1046, eff. 6-7-22.) | ||||||
| 21 | Section 99. Effective date. This Act takes effect upon | ||||||
| 22 | becoming law. | ||||||