Illinois General Assembly - Full Text of HB5464
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Full Text of HB5464  102nd General Assembly

HB5464enr 102ND GENERAL ASSEMBLY

  
  
  

 


 
HB5464 EnrolledLRB102 26054 NLB 35506 b

1    AN ACT concerning education.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The P-20 Longitudinal Education Data System Act
5is amended by changing Sections 10 and 20 as follows:
 
6    (105 ILCS 13/10)
7    Sec. 10. Definitions. In this Act:
8    "Community College Board" means the Illinois Community
9College Board.
10    "Community colleges" has the meaning ascribed to that term
11in Section 1-2 of the Public Community College Act.
12    "Early learning" means any publicly funded education and
13care program supporting young children not yet enrolled in
14kindergarten.
15    "Elementary" means kindergarten through eighth grade.
16    "Institution of higher learning" means a public or
17non-public entity that meets one or more of the following: has
18the meaning ascribed to that term in Section 10 of the Higher
19Education Student Assistance Act.
20        (1) is a public institution of higher education as
21    defined in the Board of Higher Education Act, other than a
22    public community college;
23        (2) is a public institution of higher education funded

 

 

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1    by a State other than Illinois and approved by the Board of
2    Higher Education to operate in this State;
3        (3) is a non-public educational institution approved
4    by the Board of Higher Education to operate in this State
5    pursuant to the Private Business and Vocational Schools
6    Act of 2012;
7        (4) is a non-public institution authorized or approved
8    by the Board of Higher Education to operate in this State
9    pursuant to the Private College Act, the Academic Degree
10    Act, or the Dual Credit Quality Act; or
11        (5) is a non-public institution operating in this
12    State that is exempt from authorization or approval by the
13    Board of Higher Education pursuant to provisions of the
14    Private College Act or Academic Degree Act, including such
15    institutions authorized or approved by the Board of Higher
16    Education pursuant to the Dual Credit Quality Act.
17    "Longitudinal data system" means a student unit record
18data system that links student records from early learning
19through the postsecondary level, which may consist of separate
20student unit record systems integrated through agreement and
21data transfer mechanisms.
22    "Privacy protection laws" means the federal Family
23Educational Rights and Privacy Act of 1974 (20 U.S.C. 1232g),
24the Illinois School Student Records Act, the Personal
25Information Protection Act, and any other State or federal law
26relating to the confidentiality and protection of personally

 

 

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1identifiable information.
2    "Research organization" means a governmental entity,
3institution of higher learning, public policy or advocacy
4organization, or other person or entity conducting educational
5research that (i) is qualified to perform educational research
6and protect the privacy of student data, (ii) is seeking to
7perform research for a non-commercial purpose authorized by
8privacy protection laws, and (iii) agrees to perform the
9research pursuant to a written agreement meeting the
10requirements of privacy protection laws and this Act.
11    "School" means any elementary or secondary educational
12institution, charter school, vocational school, special
13education facility, or any other elementary or secondary
14educational agency or institution, but does not include a
15non-public school.
16    "Secondary" means ninth through twelfth grade.
17    "State Board" means the State Board of Education.
18    "State Education Authorities" means the State Board,
19Community College Board, and Board of Higher Education.
20(Source: P.A. 96-107, eff. 7-30-09.)
 
21    (105 ILCS 13/20)
22    Sec. 20. Collection and maintenance of data.
23    (a) The State Board is authorized to collect and maintain
24data from school districts, schools, and early learning
25programs and disclose this data to the longitudinal data

 

 

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1system for the purposes set forth in this Act. The State Board
2shall collect data from charter schools with more than one
3campus in a manner that can be disaggregated by campus site.
4The State Board may also disclose data to the longitudinal
5data system that the State Board is otherwise authorized by
6law to collect and maintain.
7    On or before July 1, 2010, the State Board shall establish
8procedures through which State-recognized, non-public schools
9may elect to participate in the longitudinal data system by
10disclosing data to the State Board for one or more of the
11purposes set forth in this Act.
12    Subject to the availability of funding through
13appropriations made specifically for the purposes of this Act,
14the State Board shall establish or contract for the
15establishment of a technical support and training system to
16assist school districts, schools, and early learning programs
17with data submission, use, and analysis.
18    (b) The Community College Board is authorized to collect
19and maintain data from community college districts and
20disclose this data to the longitudinal data system for the
21purposes set forth in this Act. The Community College Board
22may also disclose data to the longitudinal data system that
23the Community College Board is otherwise authorized by law to
24collect and maintain.
25    Subject to the availability of funding through
26appropriations made specifically for the purposes of this Act,

 

 

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1the Community College Board shall establish or contract for
2the establishment of a technical support and training system
3to assist community colleges with data submission, use, and
4analysis.
5    (c) The Board of Higher Education is authorized to collect
6and maintain data from any public institution of higher
7learning, other than community colleges, and disclose this
8data to the longitudinal data system for the purposes set
9forth in this Act. The Board of Higher Education may also
10disclose data to the longitudinal data system that the Board
11of Higher Education is otherwise authorized by law to collect
12and maintain.
13    The Beginning on July 1, 2012, the Board of Higher
14Education is authorized to collect and maintain data from any
15non-public institution of higher learning enrolling one or
16more students in this State. The Board of Higher Education is
17authorized to receiving Monetary Award Program grants and any
18non-public institution of higher learning that confers
19graduate and professional degrees, pursuant to Section 35 of
20the Higher Education Student Assistance Act, and disclose this
21data to the longitudinal data system for the purposes set
22forth in this Act. Prior to July 1, 2012, any non-public
23institution of higher learning may elect to participate in the
24longitudinal data system by disclosing data for one or more of
25the purposes set forth in this Act to the Board of Higher
26Education or to a consortium that has contracted with the

 

 

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1Board of Higher Education pursuant to this subsection (c).
2    The Board of Higher Education may contract with one or
3more voluntary consortiums of non-public institutions of
4higher learning established for the purpose of data sharing,
5research, and analysis. The contract may allow the consortium
6to collect data from participating institutions on behalf of
7the Board of Higher Education. The contract may provide for
8consultation with a representative committee of participating
9institutions and a representative of one or more organizations
10representing the participating institutions prior to the use
11of data from the consortium for a data sharing arrangement
12entered into with any party other than a State Education
13Authority pursuant to Section 25 of this Act. The contract may
14further provide that individual institutions of higher
15learning shall have the right to opt out of specific uses of
16their data or portions thereof for reasons specified in the
17contract. Student-level data submitted by each institution of
18higher learning participating in a consortium that has
19contracted with the Board of Higher Education pursuant to this
20paragraph shall remain the property of that institution. Upon
21notice to the consortium and the Board of Higher Education,
22any non-public institution of higher learning shall have the
23right to remove its data from the consortium if the
24institution has reasonable cause to believe that there is a
25threat to the security of its data or its data is used in a
26manner that violates the terms of the contract between the

 

 

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1consortium and the Board of Higher Education. In the event
2data is removed from a consortium pursuant to the preceding
3sentence, the data must be returned by the institution to the
4consortium after the basis for removal has been corrected. The
5data submitted from the consortium to the Board of Higher
6Education must be used only for agreed-upon purposes, as
7stated in the terms of the contract between the consortium and
8the Board of Higher Education. Non-public institutions of
9higher learning submitting student-level data to a consortium
10that has contracted with the Board of Higher Education
11pursuant to this paragraph shall not be required to submit
12student-level data to the Board of Higher Education.
13    Subject to the availability of funding through
14appropriations made specifically for the purposes of this Act,
15the Board of Higher Education shall establish or contract for
16the establishment of a technical support and training system
17to assist institutions of higher learning, other than
18community colleges, with data submission, use, and analysis.
19The Board of Higher Education shall seek and may make
20available grant funding to a consortium including non-public
21institutions of higher learning to provide assistance in the
22development of a data collection system. The Board of Higher
23Education shall engage in a cooperative planning process with
24public and non-public institutions of higher learning and
25statewide higher education associations in connection with all
26of the activities authorized by this subsection (c).

 

 

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1    (d) The State Education Authorities shall establish
2procedures and requirements relating to the submission of data
3authorized to be collected pursuant to this Section, including
4requirements for data specifications, quality, security, and
5timeliness. All early learning programs, schools, school
6districts, and institutions of higher learning subject to the
7data collection authority of a State Education Authority
8pursuant to this Section shall comply with the State Education
9Authority's procedures and requirements for data submissions.
10A State Education Authority may require that staff responsible
11for collecting, validating, and submitting data participate in
12training and technical assistance offered by this State if
13data is not submitted in accordance with applicable procedures
14and requirements.
15(Source: P.A. 96-107, eff. 7-30-09; 96-1249, eff. 7-23-10.)
 
16    Section 10. The Private Business and Vocational Schools
17Act of 2012 is amended by changing Sections 20, 30, 35, 37, 50,
1855, 70, and 75 as follows:
 
19    (105 ILCS 426/20)
20    Sec. 20. Permit of approval. No person or group of persons
21subject to this Act may establish and operate or be permitted
22to become incorporated for the purpose of (1) operating a
23private business and vocational school or (2) creating or
24developing a course of instruction, non-degree program of

 

 

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1study, or program of study curriculum in order to sell such
2courses of instruction or curriculum to a private business and
3vocational school, without obtaining from the Board a permit
4of approval, provided that a permit of approval is not
5required for a program that is devoted entirely to religion or
6theology or a program offered by an institution operating
7under the authority of the Private College Act, the Academic
8Degree Act, or the Board of Higher Education Act. Application
9for a permit must be made to the Board upon forms furnished by
10it. The Board may not approve any application for a permit of
11approval that has been plagiarized, in part or in whole.
12Additionally, the Board may not approve any application for a
13permit of approval that has not been completed in its
14entirety. Permits of approval are not transferable. Whenever a
15change of ownership of a school occurs, an application for a
16permit of approval for the school under the changed ownership
17must immediately be filed with the Board. Whenever an owner,
18partnership, or corporation operates a school at different
19locations, an application for a permit of approval must be
20filed for each location. A school must have approval prior to
21operating at a location and must make application to the Board
22for any change of location and for a classroom extension at a
23new or changed location. Each application required to be filed
24in accordance with the provisions of this Section must be
25accompanied by the required fee under the provisions of
26Sections 75 and 85 of this Act, and all such applications must

 

 

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1be made on forms prepared and furnished by the Board. The
2permit of approval must be prominently displayed at some place
3on the premises of the school at each school location open to
4the inspection of all interested persons. The Board shall
5maintain, open to public inspection, a list of schools, their
6classroom extensions, and their courses of instruction
7approved under this Act and may annually publish such a list.
8Issuance of the permit of approval by the Board does not denote
9that the school or any program offered by the school is
10recommended, guaranteed, or endorsed by the Board or that the
11Board is responsible for the quality of the school or its
12programs, and no school may communicate this to be the case. No
13guarantee of employability of school graduates is made by the
14Board in its approval of programs or schools, and no school may
15communicate such information.
16(Source: P.A. 97-650, eff. 2-1-12.)
 
17    (105 ILCS 426/30)
18    Sec. 30. Exemptions. For purposes of this Act, the
19following shall not be considered to be a private business and
20vocational school:
21        (1) Any institution devoted entirely to the teaching
22    of religion or theology.
23        (2) Any in-service program of study and subject
24    offered by an employer, provided that no tuition is
25    charged and the instruction is offered only to employees

 

 

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1    of the employer.
2        (3) Any educational institution that (A) enrolls a
3    majority of its students in degree programs and has
4    maintained an accredited status with a regional
5    accrediting agency that is recognized by the U.S.
6    Department of Education or (B) enrolls students in one or
7    more bachelor-level programs, enrolls a majority of its
8    students in degree programs, and is accredited by a
9    national or regional accrediting agency that is recognized
10    by the U.S. Department of Education or that (i) is
11    regulated by the Board under the Private College Act or
12    the Academic Degree Act or is exempt from such regulation
13    under either the Private College Act or the Academic
14    Degree Act solely for the reason that the educational
15    institution was in operation on the effective date of
16    either the Private College Act or the Academic Degree Act
17    or (ii) is regulated by the State Board of Education.
18        (4) Any institution and the franchisees of that
19    institution that exclusively offer a program of study in
20    income tax theory or return preparation at a total
21    contract price of no more than $400, provided that the
22    total annual enrollment of the institution for all such
23    courses of instruction exceeds 500 students and further
24    provided that the total contract price for all instruction
25    offered to a student in any one calendar year does not
26    exceed $3,000.

 

 

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1        (5) Any person or organization selling mediated
2    instruction products through a media, such as tapes,
3    compact discs, digital video discs, or similar media, so
4    long as the instruction is not intended to result in the
5    acquisition of training for a specific employment field,
6    is not intended to meet a qualification for licensure or
7    certification in an employment field, or is not intended
8    to provide credit that can be applied toward a certificate
9    or degree program.
10        (6) Schools with no physical presence in this State.
11    Schools offering instruction or programs of study, but
12    that have no physical presence in this State, are not
13    required to receive Board approval. Such an institution
14    must not be considered not to have a physical presence in
15    this State unless it has received a written finding from
16    the Board that it has no a limited physical presence. In
17    determining whether an institution has no physical
18    presence, the Board shall require all of the following:
19            (A) Evidence of authorization to operate in at
20        least one other state and that the school is in good
21        standing with that state's authorizing agency.
22            (B) Evidence that the school has a means of
23        receiving and addressing student complaints in
24        compliance with any federal or state requirements.
25            (C) Evidence that the institution is providing no
26        instruction in this State.

 

 

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1            (D) Evidence that the institution is not providing
2        core academic support services, including, but not
3        limited to, admissions, evaluation, assessment,
4        registration, financial aid, academic scheduling, and
5        faculty hiring and support in this State.
6        (7) A school or program within a school that
7    exclusively provides yoga instruction, yoga teacher
8    training, or both.
9(Source: P.A. 99-705, eff. 1-1-17.)
 
10    (105 ILCS 426/35)
11    Sec. 35. Institution and program approval criteria. Each
12entity seeking a permit of approval is required to demonstrate
13that it satisfies institution-approval criteria and that each
14program of study offered meets the program-approval criteria
15in this Act and any applicable rules. The following standard
16criteria are intended to measure the appropriateness of the
17stated educational objectives of the educational programs of a
18given institution and the extent to which suitable and proper
19processes have been developed for meeting those objectives.
20Information related to the satisfaction of the approval
21criteria outlined in this Section must be supplied to the
22Board by institutions on forms provided by the Board.
23Additional information may be requested by the Board to
24determine the institution's ability to satisfy the criteria.
25The following must be considered as part of, but not

 

 

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1necessarily all of, the criteria for approval of institutions
2and the programs offered under this Act:
3        (1) Qualifications of governing board members, owners,
4    and senior administrators. At a minimum, these individuals
5    must be of good moral character and have no felony
6    criminal record.
7        (2) Qualifications of faculty and staff.
8        (3) Demonstration of student learning and quality of
9    program delivery.
10        (4) Sufficiency of institutional finances. The
11    institution must demonstrate that it has the financial
12    resources sufficient to meet its financial obligations,
13    including, but not limited to, refunding tuition pursuant
14    to the institution's stated policies. The school must
15    tender financial records, including, but not limited to,
16    financial statements, income statements, and cash flow
17    statements.
18        (5) Accuracy, clarity, and appropriateness of program
19    descriptions. Institutional promotional, advertising, and
20    recruiting materials must be clear, appropriate, and
21    accurate.
22        (6) Sufficiency of facilities and equipment. At a
23    minimum, these must be appropriate and must meet
24    applicable safety code requirements and ordinances.
25        (7) Fair and equitable refund policies. At a minimum,
26    these must be fair and equitable, must satisfy any related

 

 

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1    State or federal rules, and must abide by the standards
2    established in Section 60 of this Act and the rules
3    adopted for the implementation of this Act.
4        (8) Appropriate and ethical admissions and recruitment
5    practices. At a minimum, recruiting practices must be
6    ethical and abide by any State or federal rules.
7        (9) Recognized accreditation status. Accreditation
8    with an accrediting body approved by the U.S. Department
9    of Education may be counted as significant evidence of the
10    institution's ability to meet curricular approval
11    criteria.
12        (10) Meeting employment requirements in the field of
13    study. The institution must clearly demonstrate how a
14    student's completion of the program of study satisfies
15    employment requirements in the occupational field. Such
16    information must be clearly and accurately provided to
17    students. If licensure, certification, or their equivalent
18    is required of program graduates to enter the field of
19    employment, the institution must clearly demonstrate that
20    completion of the program will allow students to achieve
21    this status.
22        (11) Enrollment agreements that, at a minimum, meet
23    the requirements outlined in Section 40 of this Act.
24        (12) Clearly communicated tuition and fee charges.
25    Tuition and fees and any other expense charged by the
26    school must be appropriate to the expected income that

 

 

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1    will be earned by graduates. No school may have a tuition
2    policy or enrollment agreement that requires that a
3    student register for more than a single semester, quarter,
4    term, or other such period of enrollment as a condition of
5    the enrollment nor shall any school charge a student for
6    multiple periods of enrollment prior to completion of the
7    single semester, quarter, term, or other such period of
8    enrollment.
9        (13) Legal action against the institution, its parent
10    company, its owners, its governing board, or its board
11    members. Any such legal action must be provided to the
12    Board and may be considered as a reason for denial or
13    revocation of the permit of approval.
14(Source: P.A. 97-650, eff. 2-1-12.)
 
15    (105 ILCS 426/37)
16    Sec. 37. Disclosures. All schools shall make, at a
17minimum, the disclosures required under this Section clearly
18and conspicuously on their Internet websites. The disclosure
19shall consist of a statement containing the following
20information for the most recent 12-month reporting period of
21July 1 through June 30:
22        (1) The number of students who were admitted in the
23    course of instruction as of July 1 of that reporting
24    period.
25        (2) Additions during the year due to:

 

 

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1            (A) new starts;
2            (B) re-enrollments; and
3            (C) transfers into the course of instruction from
4        other courses of instruction at the school.
5        (3) The total number of students admitted during the
6    reporting period (the number of students reported under
7    paragraph (1) of this Section plus the additions reported
8    under subparagraphs (A), (B), and (C) of paragraph (2) of
9    this Section.
10        (4) Of the total course of instruction enrollment, the
11    number of students who:
12            (A) transferred out of the course of instruction
13        to another course of instruction;
14            (B) completed or graduated from a course of
15        instruction;
16            (C) withdrew from the school;
17            (D) are still enrolled.
18        (5) The number of students listed in paragraph (4) of
19    this Section who:
20            (A) were placed in their field of study;
21            (B) were placed in a related field;
22            (C) placed out of the field;
23            (D) were not available for placement due to
24        personal reasons;
25            (E) were not employed.
26        (6) The number of students who took a State licensing

 

 

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1    examination or professional certification examination, if
2    any, during the reporting period, as well as the number
3    who passed.
4        (7) The number of graduates who obtained employment in
5    the field who did not use the school's placement
6    assistance during the reporting period; such information
7    may be compiled by reasonable efforts of the school to
8    contact graduates by written correspondence.
9        (8) The average starting salary for all school
10    graduates employed during the reporting period; such
11    information may be compiled by reasonable efforts of the
12    school to contact graduates by written correspondence.
13        (9) The following clear and conspicuous caption, set
14    forth with the address and telephone number of the Board's
15    office:
16            "COMPLAINTS AGAINST THIS SCHOOL MAY BE REGISTERED
17        WITH THE BOARD OF HIGHER EDUCATION.".
18        (10) If the United States Department of Education
19    places the school on either the Heightened Cash Monitoring
20    2 payment method or the reimbursement payment method, as
21    authorized under 34 CFR 668.162, a clear and conspicuous
22    disclosure that the United States Department of Education
23    has heightened monitoring of the school's finances and the
24    reason for such monitoring. Such disclosure shall be made
25    within 14 days of the action of the United States
26    Department of Education both on the school's website and

 

 

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1    to all students and prospective students on a form
2    prescribed by the Board.
3    An alphabetical list of names, addresses, and dates of
4admission by course or course of instruction and a sample copy
5of the enrollment agreement employed to enroll the students
6listed shall be filed with the Board's Executive Director on
7an annual basis. The list shall be signed and verified by the
8school's chief managing employee.
9(Source: P.A. 97-650, eff. 2-1-12.)
 
10    (105 ILCS 426/50)
11    Sec. 50. Requirements for approved institutions.
12    (a) Each school and each of the non-degree programs of
13study offered by the school shall be issued a permit of
14approval approved for one year. The permit shall be renewed
15annually and every fifth year pursuant to Section 75 of this
16Act 5 years, subject to the terms and conditions of approval,
17including without limitation the submission of required
18reporting and the payment of required charges and fees under
19the provisions of Section 75 of this Act, and compliance with
20any other requirements in this Act or supporting rules.
21Failure to so comply at any time during the 5 years is grounds
22for immediate revocation of the permit of approval.
23Information requested by the Board must be submitted annually
24or, in special circumstances, at the request of the Board.
25Failure to do so is grounds for immediate revocation of the

 

 

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1permit of approval. Each non-degree program of study must be
2approved by the Board as well. Regardless of when the program
3was approved, all programs of study must be approved again
4with the institutional approval every 5 years at the end of the
55-year approval period or in conjunction with an earlier
6review if so required under this Act or the administrative
7rules adopted in support of this Act. The Board's Executive
8Director has the authority to order any school subject to this
9Act to cease and desist operations if the school is found to
10have acted contrary to the standards set forth in this Act or
11the supporting administrative rules.
12    (b) Any school that is institutionally accredited by an
13accrediting agency that is recognized by the U.S. Department
14of Education or the Council for Higher Education Accreditation
15shall be issued a permit of approval valid for 5 years for each
16non-degree program of study offered by the school. The permit
17shall be subject to (i) the terms and conditions of approval,
18including, without limitation, the submission of required
19reporting, (ii) the payment of required charges and fees under
20the provisions of Section 75 of this Act, and (iii) compliance
21with any other requirements under this Act or administrative
22rule. The failure of a school to comply at any time during the
235-year term of the permit of approval shall be grounds for the
24immediate revocation of the permit of approval. Information
25requested by the Board must be submitted annually or, in
26certain circumstances, at the request of the Board. The

 

 

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1failure of the school to submit the requested information
2shall be grounds for the immediate revocation of the permit of
3approval. Each non-degree program of study must be approved by
4the Board. Regardless of the date a school received initial
5approval of a program of study, all programs of study must be
6reapproved for a permit of approval at the end of each 5-year
7approval period or in conjunction with an earlier review if
8otherwise required by this Act or administrative rule.
9    (c) The Board may order any school subject to this Act to
10cease and desist operations if the school is found to have
11acted contrary to the standards set forth in this Act or
12administrative rule.
13(Source: P.A. 97-650, eff. 2-1-12.)
 
14    (105 ILCS 426/55)
15    Sec. 55. Maintenance of approval. Institutions covered
16under this Act must meet the following requirements to receive
17and maintain approval:
18        (1) Provide a surety bond. A continuous surety company
19    bond, written by a company authorized to do business in
20    this State, for the protection of contractual rights,
21    including faithful performance of all contracts and
22    agreements for students and their parents, guardians, or
23    sponsors. The Board shall establish the bond amount by
24    rule. The amount of the bond must be sufficient to provide
25    for the repayment of full tuition to all students enrolled

 

 

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1    at the institution in the event of closure of the
2    institution. Evidence of the continuation of the bond must
3    be filed annually with the Board. The surety bond must be a
4    written agreement that provides for monetary compensation
5    in the event that the school fails to fulfill its
6    obligations to its students and their parents, guardians,
7    or sponsors. The surety bonding company shall guarantee
8    the return to students and their parents, guardians, or
9    sponsors of all prepaid, unearned tuition in the event of
10    school closure. A condition of the bond shall be that the
11    bond agent shall notify the Board in the event the bond is
12    no longer in effect.
13        (2) Provide to the Board and each student the school's
14    policy for addressing student complaints. Included in this
15    process, the school must provide in its promotional
16    materials and on its Internet website the Board's address
17    and Internet website for reporting complaints.
18        (3) Provide on the institution's Internet website and
19    in promotional materials and enrollment agreements the
20    Internet website, address, and phone number of the Board
21    for students to report complaints.
22        (4) Provide evidence of liability insurance, in such
23    form and amount as the Board shall from time to time
24    prescribe pursuant to rules adopted under this Act, to
25    protect students and employees at the school's places of
26    business and at all classroom extensions, including any

 

 

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1    work-experience locations.
2        (5) Provide data as requested by the Board to support
3    the satisfaction of the requirements of this Act or to
4    provide vocational and technical educational data for the
5    longitudinal data system created under the P-20
6    Longitudinal Education Data System Act.
7        (6) Pay required fees as described under the
8    provisions of Section 75 of this Act by prescribed
9    deadlines.
10        (7) With respect to advertising programs of study, all
11    of the following apply:
12            (A) A school may state that it is approved to offer
13        a program of study or authorized to award a
14        certificate in this State only after that approval has
15        been officially granted and received in writing from
16        the Board.
17            (B) A school shall not advertise or state in any
18        manner that it is accredited by the Board to award
19        degrees or certificates.
20            (C) No school may publish or otherwise communicate
21        to prospective students, faculty, staff, or the public
22        misleading or erroneous information about the
23        certificate or degree-granting status of a given
24        institution.
25            (D) All advertisements or solicitations by
26        approved schools shall only reference the Board's

 

 

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1        approval by stating that the school is approved by the
2        "Division of Private Business and Vocational Schools".
3            (E) All advertisements or solicitations by
4        approved schools shall contain the school's official
5        Internet website address.
6        (8) Permit the Board's Executive Director or his or
7    her designees to inspect the school or classes thereof
8    from time to time with or without notice and to make
9    available to the Board's Executive Director or his or her
10    designees, at any time when required to do so,
11    information, including financial information, pertaining
12    to the operation and to the activities of the school
13    required for the administration of this Act and the
14    standards and rules adopted under this Act.
15        (9) Maintain satisfactory student retention and
16    graduation rates and State licensing examination or
17    professional certification examination passage rates.
18    Student retention and graduation rates must be maintained
19    that are appropriate to standards in the field. A State
20    licensing examination or professional certification
21    examination passage rate of at least 50% of the average
22    passage rate for schools within the industry for any State
23    licensing examination or professional certification
24    examination must be maintained. In the event that the
25    school fails to do so, then that school shall be placed on
26    probation for one year. If that school's passage rate in

 

 

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1    its next reporting period does not exceed 50% of the
2    average passage rate of that class of school as a whole,
3    then the Board shall revoke the school's approval for that
4    program to operate in this State. In addition, this shall
5    be grounds for reviewing the institution's approval to
6    operate. The Board shall develop, by rule, a procedure to
7    ensure the veracity of the information required under this
8    Section.
9        (10) Not enter into an enrollment agreement wherein
10    the student waives the right to assert against the school
11    or any assignee any claim or defense he or she may have
12    against the school arising under the agreement. Any
13    provisions in an enrollment agreement wherein the student
14    agrees to such a waiver shall be rendered void.
15        (11) Not have a tuition policy or enrollment agreement
16    that requires that a student register for more than a
17    single semester, quarter, term, or other such period of
18    enrollment as a condition of the enrollment nor charge a
19    student for multiple periods of enrollment prior to
20    completion of a single semester, quarter, term, or other
21    such period of enrollment.
22        (12) Provide the Board with a copy of any notice of
23    warning or suspension or revocation received from an
24    accrediting agency or State or federal oversight body
25    within 15 days after receipt of the notice. The school
26    shall, at the same time, inform the Board, in writing, on

 

 

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1    actions being taken to correct all deficiencies cited.
2        (13) Maintain a fair and equitable refund policy and
3    abide by it. Such a policy shall abide by any State or
4    federal rules as appropriate. The same policy shall apply
5    to all students equally.
6        (14) Act in an ethical manner.
7(Source: P.A. 97-650, eff. 2-1-12.)
 
8    (105 ILCS 426/70)
9    Sec. 70. Closing of a school.
10    (a) In the event a school proposes to discontinue its
11operations, the chief administrative officer of the school
12shall cause to be filed with the Board the original or legible
13true copies of all such academic records of the institution as
14may be specified by the Board.
15    (b) These records shall include, at a minimum, the
16academic records of each former student that is traditionally
17provided on an academic transcript, such as, but not limited
18to, courses taken, terms, grades, and other such information.
19    (c) In the event it appears to the Board that any such
20records of an institution discontinuing its operations is in
21danger of being lost, hidden, destroyed, or otherwise made
22unavailable to the Board, the Board may seize and take
23possession of the records, on its own motion and without order
24of court.
25    (d) The Board shall maintain or cause to be maintained a

 

 

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1permanent file of such records coming into its possession.
2    (e) As an alternative to the deposit of such records with
3the Board, the institution may propose to the Board a plan for
4permanent retention of the records. The plan must be put into
5effect only with the approval of the Board.
6    (f) When a postsecondary educational institution now or
7hereafter operating in this State proposes to discontinue its
8operation, such institution shall cause to be created a
9teach-out plan acceptable to the Board, which shall fulfill
10the school's educational obligations to its students. Should
11the school fail to deliver or act on the teach-out plan, the
12Board is in no way responsible for providing the teach-out.
13    (f-5) The school shall release any institutional holds
14placed on any students record, regardless of the type of hold
15placed on the student record.
16    (g) The school and its designated surety bonding company
17are responsible for the return to students of all prepaid,
18unearned tuition. As identified in Section 55 of this Act, the
19surety bond must be a written agreement that provides for
20monetary compensation in the event that the school fails to
21fulfill its obligations. The surety bonding company shall
22guarantee the return to the school's students and their
23parents, guardians, or sponsors of all prepaid, unearned
24tuition in the event of school closure. Should the school or
25its surety bonding company fail to deliver or act to fulfill
26the obligation, the Board is in no way responsible for the

 

 

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1repayment or any related damages or claims.
2(Source: P.A. 97-650, eff. 2-1-12.)
 
3    (105 ILCS 426/75)
4    Sec. 75. Application and renewal fees. The Board may not
5approve any application for a permit of approval or program of
6study that has been plagiarized in part or whole and may return
7any such application for a permit of approval or program of
8study. Additionally, the Board may not approve any application
9for a permit of approval or program of study that has not been
10completed in its entirety. Fees for application and renewal
11may be set by the Board by rule. Fees shall be collected for
12all of the following:
13        (1) An original school application for a permit
14    certificate of approval.
15        (2) An initial school application for a permit
16    certificate of approval upon occurrence of a change of
17    ownership.
18        (3) An annual school application for renewal of a
19    certificate of approval.
20        (4) A school application for a change of location.
21        (5) A school application for a classroom extension.
22        (6) If an applicant school that has not remedied all
23    deficiencies cited by the Board within 12 months after the
24    date of its original application for a permit certificate
25    of approval, an additional original application fee for

 

 

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1    the continued cost of investigation of its application.
2        (7) Transcript processing.
3(Source: P.A. 97-650, eff. 2-1-12.)
 
4    Section 15. The Developmental Education Reform Act is
5amended by changing Section 100-30 as follows:
 
6    (110 ILCS 175/100-30)
7    Sec. 100-30. Institutional plans; report.
8    (a) On or before May 1, 2022, each university shall submit
9to the Board of Higher Education and each community college
10shall submit to the Illinois Community College Board its
11institutional plan for scaling evidence-based developmental
12education reforms to maximize the probability that a student
13will be placed in and successfully complete introductory
14college-level English language or mathematics coursework
15within 2 semesters at the institution. At a minimum, a plan
16submitted by an institution shall include all of the
17following:
18        (1) A description of the current developmental
19    education models offered by the institution. If the
20    institution does not currently offer developmental
21    education coursework, it must provide details regarding
22    its decision not to offer developmental education
23    coursework and the pathways that are available to students
24    deemed to be insufficiently prepared for introductory

 

 

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1    college-level English language or mathematics coursework.
2        (2) A description of the developmental education
3    models that will be implemented and scaled and the basis
4    of the evidence and associated data that the institution
5    considered in making the decision to scale each model.
6        (3) Baseline data and benchmarks for progress,
7    including, but not limited to, (i) enrollment in
8    credit-bearing English language or mathematics courses,
9    (ii) rates of successful completion of introductory
10    college-level English language or mathematics courses, and
11    (iii) college-credit accumulation.
12        (4) Detailed plans for scaling reforms and improving
13    outcomes for all students placed in traditional
14    developmental education models or models with comparable
15    introductory college-level course completion rates. The
16    plan shall provide details about the expected improvements
17    in educational outcomes for Black students as result of
18    the proposed reforms.
19    (b) On or before February 15 January 1, 2023 and every 2
20years thereafter, the Board of Higher Education and Illinois
21Community College Board shall collect data and report to the
22General Assembly and the public the status of developmental
23education reforms at institutions. The report must include
24data on the progress of the developmental education reforms,
25including, but not limited to, (i) enrollment in
26credit-bearing English language or mathematics courses, (ii)

 

 

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1rates of successful completion of introductory college-level
2English language or mathematics courses, and (iii)
3college-credit accumulation. The data should be disaggregated
4by gender, race and ethnicity, federal Pell Grant status, and
5other variables of interest to the Board of Higher Education
6and the Illinois Community College Board.
7    (c) On or before February 15 January 1, 2024 and every 2
8years thereafter, the Board of Higher Education and Illinois
9Community College Board, in consultation with institutions of
10higher education and other stakeholders, shall consider
11additional data reporting requirements to facilitate the
12rigorous and continuous evaluation of each institution's
13implementation plan and its impact on improving outcomes for
14students in developmental education, particularly for Black
15students.
16(Source: P.A. 101-654, eff. 3-8-21.)
 
17    Section 20. The Board of Higher Education Act is amended
18by changing Sections 1, 3, 6, 7, 8, 9.16, 11, and 16 as
19follows:
 
20    (110 ILCS 205/1)  (from Ch. 144, par. 181)
21    Sec. 1. The following terms shall have the meanings
22respectively prescribed for them, except when the context
23otherwise requires:
24    "Public institutions of higher education": The University

 

 

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1of Illinois; Southern Illinois University; Chicago State
2University; Eastern Illinois University; Governors State
3University; Illinois State University; Northeastern Illinois
4University; Northern Illinois University; Western Illinois
5University; the public community colleges of the State and any
6other public universities, colleges and community colleges now
7or hereafter established or authorized by the General
8Assembly.
9    "Board": The Board of Higher Education created by this
10Act.
11    "Private institution of higher education": Any institution
12of higher education that is subject to the Private College Act
13or the Academic Degree Act.
14(Source: P.A. 100-167, eff. 1-1-18.)
 
15    (110 ILCS 205/3)  (from Ch. 144, par. 183)
16    Sec. 3. Terms; vacancies.
17    (a) The members of the Board whose appointments are
18subject to confirmation by the Senate shall be selected for
196-year terms expiring on January 31 of odd numbered years.
20    (b) The members of the Board shall continue to serve after
21the expiration of their terms until their successors have been
22appointed.
23    (c) Vacancies on the Board in offices appointed by the
24Governor shall be filled by appointment by the Governor for
25the unexpired term. If the appointment is subject to Senate

 

 

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1confirmation and the Senate is not in session or is in recess
2when the appointment is made, the appointee shall serve
3subject to subsequent Senate approval of the appointment.
4    (d) Each student member shall serve a term of one year
5beginning on July 1 of each year and until a successor is
6appointed and qualified.
7    (e) The member of the Board representing public university
8governing boards and the member of the Board representing
9private college and university boards of trustees, who are
10appointed by the Governor but not subject to confirmation by
11the Senate, shall serve terms of one year beginning on July 1.
12(Source: P.A. 100-167, eff. 1-1-18.)
 
13    (110 ILCS 205/6)  (from Ch. 144, par. 186)
14    Sec. 6. The Board, in cooperation with the Illinois
15Community College Board, shall analyze the present and future
16aims, needs and requirements of higher education in the State
17of Illinois and prepare a strategic master plan for the
18development, expansion, integration, coordination and
19efficient utilization of the facilities, curricula and
20standards of higher education for public institutions of
21higher education in the areas of teaching, research and public
22service. The strategic master plan shall also include higher
23education affordability and accessibility measures. The Board,
24in cooperation with the Illinois Community College Board,
25shall formulate the strategic master plan and prepare and

 

 

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1submit to the General Assembly and the Governor drafts of
2proposed legislation to effectuate the plan. The Board, in
3cooperation with the Illinois Community College Board, shall
4engage in a continuing study, an analysis, and an evaluation
5of the strategic master plan so developed, and it shall be its
6responsibility to recommend, from time to time as it
7determines, amendments and modifications of any strategic
8master plan enacted by the General Assembly.
9(Source: P.A. 99-655, eff. 7-28-16.)
 
10    (110 ILCS 205/7)  (from Ch. 144, par. 187)
11    Sec. 7. The Board of Trustees of the University of
12Illinois, the Board of Trustees of Southern Illinois
13University, the Board of Trustees of Chicago State University,
14the Board of Trustees of Eastern Illinois University, the
15Board of Trustees of Governors State University, the Board of
16Trustees of Illinois State University, the Board of Trustees
17of Northeastern Illinois University, the Board of Trustees of
18Northern Illinois University, the Board of Trustees of Western
19Illinois University, the Illinois Community College Board and
20the campuses under their governance or supervision shall not
21hereafter undertake the establishment of any new unit of
22instruction, research, or public service without the approval
23of the Board. The term "new unit of instruction, research, or
24public service" includes the establishment of a college,
25school, division, institute, department, or other unit in any

 

 

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1field of instruction, research, or public service not
2theretofore included in the program of the institution, and
3includes the establishment of any new branch or campus. The
4term does not include reasonable and moderate extensions of
5existing curricula, research, or public service programs which
6have a direct relationship to existing programs; and the Board
7may, under its rulemaking power, define the character of such
8reasonable and moderate extensions.
9    Such governing boards shall submit to the Board all
10proposals for a new unit of instruction, research, or public
11service. The Board may approve or disapprove the proposal in
12whole or in part or approve modifications thereof whenever in
13its judgment such action is consistent with the objectives of
14an existing or proposed strategic master plan of higher
15education.
16    The Board of Higher Education is authorized to review
17periodically all existing programs of instruction, research,
18and public service at the State universities and colleges and
19to advise the appropriate board of control if the contribution
20of each program is not educationally and economically
21justified. Each State university shall report annually to the
22Board on programs of instruction, research, or public service
23that have been terminated, dissolved, reduced, or consolidated
24by the university. Each State university shall also report to
25the Board all programs of instruction, research, and public
26service that exhibit a trend of low performance in

 

 

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1enrollments, degree completions, and high expense per degree.
2The Board shall compile an annual report that shall contain
3information on new programs created, existing programs that
4have been closed or consolidated, and programs that exhibit
5low performance or productivity. The report must be submitted
6to the General Assembly. The Board shall have the authority to
7define relevant terms and timelines by rule with respect to
8this reporting.
9(Source: P.A. 101-81, eff. 7-12-19.)
 
10    (110 ILCS 205/8)  (from Ch. 144, par. 188)
11    Sec. 8. The Board of Trustees of the University of
12Illinois, the Board of Trustees of Southern Illinois
13University, the Board of Trustees of Chicago State University,
14the Board of Trustees of Eastern Illinois University, the
15Board of Trustees of Governors State University, the Board of
16Trustees of Illinois State University, the Board of Trustees
17of Northeastern Illinois University, the Board of Trustees of
18Northern Illinois University, the Board of Trustees of Western
19Illinois University, and the Illinois Community College Board
20shall submit to the Board not later than the 15th day of
21November of each year its budget proposals for the operation
22and capital needs of the institutions under its governance or
23supervision for the ensuing fiscal year. Each budget proposal
24shall conform to the procedures developed by the Board in the
25design of an information system for State universities and

 

 

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1colleges.
2    In order to maintain a cohesive system of higher
3education, the Board and its staff shall communicate on a
4regular basis with all public university presidents. They
5shall meet at least semiannually to achieve economies of scale
6where possible and provide the most innovative and efficient
7programs and services.
8    The Board, in the analysis of formulating the annual
9budget request, shall consider rates of tuition and fees and
10undergraduate tuition and fee waiver programs at the State
11universities and colleges. The Board shall also consider the
12current and projected utilization of the total physical plant
13of each campus of a university or college in approving the
14capital budget for any new building or facility.
15    The Board of Higher Education shall submit to the
16Governor, to the General Assembly, and to the appropriate
17budget agencies of the Governor and General Assembly its
18analysis and recommendations on such budget proposals.
19    The Board is directed to form a broad-based group of
20individuals representing the Office of the Governor, the
21General Assembly, public institutions of higher education,
22State agencies, business and industry, statewide organizations
23representing faculty and staff, and others as the Board shall
24deem appropriate to devise a system for allocating State
25resources to public institutions of higher education based
26upon performance in achieving State goals related to student

 

 

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1success and certificate and degree completion.
2    Beginning in Fiscal Year 2013, the Board of Higher
3Education budget recommendations to the Governor and the
4General Assembly shall include allocations to public
5institutions of higher education based upon performance
6metrics designed to promote and measure student success in
7degree and certificate completion. Public university metrics
8must be adopted by the Board by rule, and public community
9college metrics must be adopted by the Illinois Community
10College Board by rule. These metrics must be developed and
11promulgated in accordance with the following principles:
12        (1) The metrics must be developed in consultation with
13    public institutions of higher education, as well as other
14    State educational agencies and other higher education
15    organizations, associations, interests, and stakeholders
16    as deemed appropriate by the Board.
17        (2) The metrics shall include provisions for
18    recognizing the demands on and rewarding the performance
19    of institutions in advancing the success of students who
20    are academically or financially at risk, including
21    first-generation students, low-income students, and
22    students traditionally underrepresented in higher
23    education, as specified in Section 9.16 of this Act.
24        (3) The metrics shall recognize and account for the
25    differentiated missions of institutions and sectors of
26    higher education.

 

 

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1        (4) The metrics shall focus on the fundamental goal of
2    increasing completion of college courses, certificates,
3    and degrees. Performance metrics shall recognize the
4    unique and broad mission of public community colleges
5    through consideration of additional factors including, but
6    not limited to, enrollment, progress through key academic
7    milestones, transfer to a baccalaureate institution, and
8    degree completion.
9        (5) The metrics must be designed to maintain the
10    quality of degrees, certificates, courses, and programs.
11In devising performance metrics, the Board may be guided by
12the report of the Higher Education Finance Study Commission.
13    Each State university must submit its plan for capital
14improvements of non-instructional facilities to the Board for
15approval before final commitments are made if the total cost
16of the project as approved by the institution's board of
17control is in excess of $2 million. Non-instructional uses
18shall include but not be limited to dormitories, union
19buildings, field houses, stadium, other recreational
20facilities and parking lots. The Board shall determine whether
21or not any project submitted for approval is consistent with
22the strategic master plan for higher education and with
23instructional buildings that are provided for therein. If the
24project is found by a majority of the Board not to be
25consistent, such capital improvement shall not be constructed.
26(Source: P.A. 99-655, eff. 7-28-16.)
 

 

 

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1    (110 ILCS 205/9.16)  (from Ch. 144, par. 189.16)
2    Sec. 9.16. Underrepresentation of certain groups in higher
3education. To require public institutions of higher education
4to develop and implement an equity plan and practices that
5include methods and strategies to increase the access,
6retention, completion, and student loan repayment rates
7participation of minorities, rural students, adult students,
8women, and individuals with disabilities who are traditionally
9underrepresented in education programs and activities. To
10encourage private institutions of higher education to develop
11and implement an equity plan and practices. For the purpose of
12this Section, minorities shall mean persons who are citizens
13of the United States or lawful permanent resident aliens of
14the United States and who are any of the following:
15        (1) American Indian or Alaska Native (a person having
16    origins in any of the original peoples of North and South
17    America, including Central America, and who maintains
18    tribal affiliation or community attachment).
19        (2) Asian (a person having origins in any of the
20    original peoples of the Far East, Southeast Asia, or the
21    Indian subcontinent, including, but not limited to,
22    Cambodia, China, India, Japan, Korea, Malaysia, Pakistan,
23    the Philippine Islands, Thailand, and Vietnam).
24        (3) Black or African American (a person having origins
25    in any of the black racial groups of Africa).

 

 

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1        (4) Hispanic or Latino (a person of Cuban, Mexican,
2    Puerto Rican, South or Central American, or other Spanish
3    culture or origin, regardless of race).
4        (5) Native Hawaiian or Other Pacific Islander (a
5    person having origins in any of the original peoples of
6    Hawaii, Guam, Samoa, or other Pacific Islands).
7    The Board shall adopt any rules necessary to administer
8this Section. The Board, in collaboration with the Illinois
9Community College Board, shall also do the following:
10    (a) require all public institutions of higher education to
11develop and submit an equity plan and implement practices
12that, at a minimum, close gaps in enrollment, retention,
13completion, and student loan repayment rates for
14underrepresented groups and encourage all private institutions
15of higher education to develop and submit such equity plans
16and implement such practices plans for the implementation of
17this Section;
18    (b) conduct periodic review of public institutions of
19higher education and private institutions of higher education
20to determine compliance with this Section; and if the Board
21finds that a public institution of higher education is not in
22compliance with this Section, it shall notify the institution
23of steps to take to attain compliance;
24    (c) provide advice and counsel pursuant to this Section;
25    (d) conduct studies of the effectiveness and outcomes of
26the methods and strategies outlined in an institution's equity

 

 

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1plan, as well as others designed to increase participation and
2success of students in education programs and activities in
3which minorities, rural students, adult students, women, and
4individuals with disabilities are traditionally
5underrepresented, and monitor and report the outcomes for
6success of students as a result of the implementation of
7equity plans in such education programs and activities;
8    (e) require components of an institution's equity plan to
9include strategies to increase encourage minority student
10recruitment, and retention, and student loan repayment rates
11in colleges and universities. In implementing this paragraph,
12the Board shall undertake but need not be limited to the
13following: the establishment of guidelines and plans for
14public institutions of higher education and private
15institutions of higher education for minority student
16recruitment, and retention, and student loan repayment rates,
17including requirements to establish campus climate and culture
18surveys, the review and monitoring of minority student
19services, programs, and supports implemented at public
20institutions of higher education and private institutions of
21higher education to determine their compliance with any
22guidelines and plans so established, the determination of the
23effectiveness and funding requirements of minority student
24services, programs, and supports at public institutions of
25higher education and private institutions of higher education,
26the dissemination of successful programs as models, and the

 

 

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1encouragement of cooperative partnerships between community
2colleges, and local school attendance centers, and 4-year
3colleges and universities to support enrollment of which are
4experiencing difficulties in enrolling minority students in
5four-year colleges and universities;
6    (f) mandate all public institutions of higher education
7and encourage all private institutions of higher education to
8submit data and information essential to determine compliance
9with this Section. The Board shall prescribe the format and
10the date for submission of this data and any other education
11equity data; and
12    (g) report to the General Assembly and the Governor
13annually with a description of the plans submitted by each
14public institution of higher education and each private
15institution of higher education for implementation of this
16Section, including financial data relating to the most recent
17fiscal year expenditures for specific minority programs, the
18effectiveness of such plans and programs and the effectiveness
19of the methods and strategies developed by the Board in
20meeting the purposes of this Section, the degree of compliance
21with this Section by each public institution of higher
22education and each private institution of higher education as
23determined by the Board pursuant to its periodic review
24responsibilities, and the findings made by the Board in
25conducting its studies and monitoring student outcomes and
26institutional success as required by paragraph (d) d) of this

 

 

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1Section. With respect to each public institution of higher
2education and each private institution of higher education,
3such report also shall include, but need not be limited to,
4information with respect to each institution's minority
5program budget allocations; minority student admission,
6retention and graduation and student loan repayment rate
7statistics; admission, retention, and graduation, and student
8loan repayment rate statistics of all students who are the
9first in their immediate family to attend an institution of
10higher education; number of financial assistance awards, not
11including student loans, to undergraduate and graduate
12minority students; and minority faculty representation. This
13paragraph shall not be construed to prohibit the Board from
14making, preparing or issuing additional surveys or studies
15with respect to minority education in Illinois.
16(Source: P.A. 102-465, eff. 1-1-22.)
 
17    (110 ILCS 205/11)  (from Ch. 144, par. 191)
18    Sec. 11. In the formulation of a strategic master plan of
19higher education and in the discharge of its duties under this
20Act, the Board shall give consideration to the problems and
21attitudes of private junior colleges, private colleges and
22universities, and of other educational groups,
23instrumentalities and institutions, and to specialized areas
24of education, as they relate to the overall policies and
25problems of higher education.

 

 

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1(Source: P.A. 82-622.)
 
2    (110 ILCS 205/16)
3    Sec. 16. Record retention requirements when Closing an
4institution of higher education closes; student records;
5institutional transfer agreements.
6    (a) In this Section:
7    "Academic records" means the academic records of each
8former student of an institution of higher education that is
9traditionally provided on an academic transcript, including,
10but not limited to, courses taken, terms, grades, and any
11other similar information.
12    "Institution of higher education" means any publicly or
13privately operated university, college, junior college,
14business, technical or vocational school, or other educational
15institution offering degrees and instruction beyond the
16secondary school level. "Institution of higher education" does
17not include a public community college.
18    "Institutional transfer agreement" means an articulation
19agreement or transfer agreement between 2 or more institutions
20of higher education wherein one institution agrees to accept
21the transfer of earned student credits from a former student
22of an institution that has discontinued operations.
23    (b) In the event an institution of higher education
24proposes to discontinue its operations, the chief
25administrative officer of the institution shall submit a plan

 

 

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1to the Board for permanent retention of all academic records,
2including student records and academic records of the
3institution. The plan must be approved by the Executive
4Director of the Board before it is executed. In addition, the
5plan shall include the release of any institutional holds
6placed on any student record, regardless of the type of hold
7placed on a student record.
8    (c) If it appears to the Board that the academic records,
9including student records and academic records, of an
10institution of higher education kept pursuant to an approved
11plan under subsection (b) of this Section may become lost,
12hidden, destroyed, or otherwise made unavailable to the Board,
13the Board may seize and take possession of the records, on its
14own motion and without order of a court.
15(Source: P.A. 100-1008, eff. 8-21-18.)
 
16    Section 25. The Higher Education Cooperation Act is
17amended by changing Sections 4 and 5 as follows:
 
18    (110 ILCS 220/4)  (from Ch. 144, par. 284)
19    Sec. 4. A program of financial assistance to programs of
20interinstitutional cooperation, in higher education is
21established to implement the policy of encouraging such
22cooperation in order to achieve an efficient use of
23educational resources, an equitable distribution of
24educational services, the development of innovative concepts

 

 

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1and applications, and other public purposes.
2    The Board of Higher Education shall administer this
3program of financial assistance and shall distribute the funds
4appropriated by the General Assembly for this purpose in the
5form of grants to not-for-profit corporations organized to
6administer programs of interinstitutional cooperation in
7higher education or to public or nonpublic institutions of
8higher education participating in such programs.
9    In awarding grants to interinstitutional programs under
10this Act, the Board shall consider in relation to each such
11program whether it serves the public purposes expressed in
12this Act, whether the local community is substantially
13involved, whether its function could be performed better by a
14single existing institution, whether the program is consistent
15with the Illinois strategic master plan for higher education,
16and such other criteria as it determines to be appropriate.
17    No grant may be awarded under this Section for any program
18of sectarian instruction or for any program designed to serve
19a sectarian purpose.
20    As a part of its administration of this Act the Board may
21require audits or reports in relation to the administrative,
22fiscal and academic aspects of any interinstitutional program
23for which a grant is awarded under this Act. The Board shall
24annually submit to the Governor and the General Assembly a
25budgetary recommendation for grants under this Act.
26(Source: P.A. 85-244.)
 

 

 

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1    (110 ILCS 220/5)  (from Ch. 144, par. 285)
2    Sec. 5. Any not-for-profit corporation organized to
3administer an interinstitutional program of higher education
4may be recognized under this Section if it has been in
5existence for 3 years or longer, it is structured for
6continuing operation, it is substantial in scope, it is
7oriented to and supported by the community in which it is
8located and it is consistent with the Illinois strategic
9master plan for higher education.
10    In each request of the Board of Higher Education to the
11General Assembly for the appropriation of funds for the
12purpose of making grants under this Act the Board shall
13specify the amount of the grant proposed for each
14not-for-profit corporation recognized under this Section.
15    The following not-for-profit corporations are recognized
16for the purposes of this Section:
17    The Quad Cities Graduate Study Center.
18(Source: P.A. 77-2813.)
 
19    Section 30. The Private College Act is amended by changing
20Sections 3, 4, and 5 and by adding Section 4.5 as follows:
 
21    (110 ILCS 1005/3)  (from Ch. 144, par. 123)
22    Sec. 3. (a) Applications submitted to the Board for a
23certificate of approval to operate a post-secondary

 

 

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1educational institution shall contain a statement of the
2following:
3    1. the proposed name of the institution and its proposed
4location;
5    2. the nature, extent and purposes of the courses of study
6to be given;
7    3. the fees to be charged and the conditions under which
8the fees are to be paid;
9    4. the education and experience of the members of the
10teaching staff;
11    5. the degrees to be issued to students upon completion of
12courses of instruction.
13    (b) The Board may not approve any application for a
14certificate of approval that has been plagiarized, in part or
15in whole. Additionally, the Board may not approve any
16application that has not been completed in its entirety and
17such application shall be returned to the post-secondary
18educational institution.
19(Source: P.A. 80-1309.)
 
20    (110 ILCS 1005/4)  (from Ch. 144, par. 124)
21    Sec. 4. Upon the filing of an application for a
22certificate of approval the Board shall make an examination to
23ascertain:
24    1. That each course of instruction to be offered or given
25is adequate, suitable, and proper;

 

 

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1    2. That the fee to be charged for the courses of
2instruction, and the conditions and terms under which such
3fees are to be paid are reasonable;
4    3. That an adequate physical plant and adequate facilities
5are provided;
6    4. That the members of the teaching staff are adequately
7prepared to fulfill their instructional obligations;
8    5. That the institution does not promise or agree to any
9right or privilege in respect to professional examinations or
10to the practice of any profession in violation of the laws of
11this State;
12    6. That the institution does not offer inducements that
13are designed to deceive the prospective student or make any
14promises which it does not have the present means or ability to
15perform; .
16    7. That the proposed degree program is educationally and
17economically consistent with the educational priorities and
18needs of this State and meets a need that is not currently met
19by existing institutions and is supported by clear evidence of
20need.
21    If the examination shows that the applicant has such
22qualifications a certificate of approval shall be issued.
23(Source: P.A. 80-1309.)
 
24    (110 ILCS 1005/4.5 new)
25    Sec. 4.5. Disclosure of heightened monitoring of finances.

 

 

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1Any institution with a certificate of approval under this Act
2is required to make the following disclosures:
3        (1) If the United States Department of Education
4    places the institution on either the Heightened Cash
5    Monitoring 2 payment method or the reimbursement payment
6    method, as authorized under 34 CFR 668.162, a clear and
7    conspicuous disclosure that the United States Department
8    of Education has heightened monitoring of the
9    institution's finances and the reason for such monitoring.
10    Such disclosure shall be made within 14 days of the action
11    of the United States Department of Education both on the
12    institution's website and to all students and prospective
13    students on a form prescribed by the Board.
14        (2) Any other disclosure the Board requires by rule
15    adopted pursuant to this Act.
 
16    (110 ILCS 1005/5)  (from Ch. 144, par. 125)
17    Sec. 5. A certificate of approval of a post-secondary
18educational institution may be revoked for any of the
19following:
20    1. Violation of any of the conditions governing the
21issuance of the certificate;
22    2. Failure to comply with any of the rules adopted by the
23Board;
24    3. Fraudulent conduct on the part of any person conducting
25the institution or of any person, acting within the scope of

 

 

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1his employment, employed by the owners or persons conducting
2the institution, on account of which conduct any student
3enrolled in the institution has been injured or has suffered
4financial loss; .
5    4. Failure to allow any duly authorized employee, or other
6representative of the Board, to enter upon the premises of any
7post-secondary educational institution or have access through
8electronic means to inspect or otherwise examine the same and
9any books, papers, or other records pertaining to the degree
10granting program of such institution, including, but not
11limited to, financial records such as balance sheets, income
12statements, and cash flow statements.
13(Source: P.A. 80-1309.)
 
14    Section 35. The Academic Degree Act is amended by changing
15Sections 4 and 6 and by adding Section 5.5 as follows:
 
16    (110 ILCS 1010/4)  (from Ch. 144, par. 234)
17    Sec. 4. Period before award.) (a) Unless a degree granting
18institution was authorized to operate in Illinois, or was in
19operation, on August 14, 1961, it shall not award any earned
20degree until one year after it has filed a written notice with
21and until such institution has received the authorization and
22approval of the Board. Except as permitted under Section 5, no
23educational organization or entity shall be authorized to
24award any degree nor be approved as a degree granting

 

 

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1institution unless it requires an appropriate period of
2instruction to be in residence. The notice shall be under oath
3or affirmation of the principal officer of the institution and
4shall contain: the name and address of the degree granting
5institution; the names and addresses of the president or other
6administrative head and of each member of the board of
7trustees or other governing board; a description of the degree
8or degrees to be awarded and the course or courses of study
9prerequisite thereto; and such additional information relevant
10to the purposes of this Act as the Board may prescribe. An
11amendment to the notice shall be under oath or affirmation of
12the principal officer of the institution and shall be filed
13with the Board prior to the award of any degree not contained
14in the original notice or prior amendments thereto. A degree
15authorized in an amendment shall not be awarded until one year
16after the filing of the amendment with and the authorization
17of the Board. The submission of the regular catalog of the
18institution shall, if it covers the matters hereinabove
19mentioned, be deemed to constitute compliance herewith.
20    (b) A degree granting institution shall keep the notice
21which it shall have filed with the Board current at all times.
22For this purpose, it shall report annually, by appropriate
23amendment of the notice, any change in any fact previously
24reported.
25    (c) The Board shall not approve any notice or amendment
26thereto filed pursuant to this Section unless it finds the

 

 

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1facts stated therein to be correct and further finds that such
2facts constitute compliance with the requirements of this Act
3for degree granting institutions.
4    (d) The Board may not approve any notice, amendment, or
5application that has been plagiarized, in part or in whole,
6and may return any notice, amendment, or application.
7Additionally, the Board may not approve any notice, amendment,
8or application that has not been completed in its entirety.
9Any such uncompleted notice, amendment, or application shall
10be returned to the degree granting institution.
11    (e) The Board may not approve any proposed degree program
12unless it is educationally and economically consistent with
13the educational priorities and needs of this State and meets a
14need that is not currently met by existing institutions and is
15supported by clear evidence of need.
16(Source: P.A. 80-1309.)
 
17    (110 ILCS 1010/5.5 new)
18    Sec. 5.5. Disclosure of heightened monitoring of finances.
19Any institution approved by the Board under this Act shall
20make the following disclosures:
21    (a) If the United States Department of Education places
22the institution on either the Heightened Cash Monitoring 2
23payment method or the reimbursement payment method, as
24authorized under 34 CFR 668.162, a clear and conspicuous
25disclosure that the United States Department of Education has

 

 

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1heightened monitoring of the institution's finances and the
2reason for such monitoring. Such disclosure shall be made
3within 14 days of the action of the United States Department of
4Education both on the institution's website and to all
5students and prospective students on a form prescribed by the
6Board.
7    (b) Any other disclosure the Board requires by rule
8adopted pursuant to this Act.
 
9    (110 ILCS 1010/6)  (from Ch. 144, par. 236)
10    Sec. 6. Right of inspection; Penalty for refusal or
11obstruction. Any duly authorized employee or other
12representative of the Board may enter upon the premises of any
13degree granting institution or may have access through
14electronic means to and inspect or otherwise examine the same
15and any books, papers or other records pertaining to the
16degree granting program of such institution including, but not
17limited to, financial records such as balance sheets, income
18statements, and cash flow statements. For failure to permit
19such entry, inspection or examination or for obstruction
20thereof, the Board may invalidate any notice filed with it by
21the degree granting institution and revoke any authorization
22made pursuant to Section 4 of this Act and may refuse to accept
23another notice from or on behalf of such institution or any
24person connected with the administration thereof until such
25refusal or obstruction has been withdrawn. Any action taken

 

 

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1pursuant to this Section shall be in addition to any other
2penalty which may be imposed for violation of this Act.
3(Source: P.A. 80-1309.)
 
4    Section 99. Effective date. This Act takes effect upon
5becoming law.