Illinois General Assembly - Full Text of HB3255
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Full Text of HB3255  100th General Assembly




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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 Board of Higher Education Act is amended by
5changing Sections 1, 2, 3, 9.03, 9.04, 9.07, and 9.29 as
7    (110 ILCS 205/1)  (from Ch. 144, par. 181)
8    Sec. 1. The following terms shall have the meanings
9respectively prescribed for them, except when the context
10otherwise requires:
11    (a) "Public institutions of higher education": The
12University of Illinois; Southern Illinois University; Chicago
13State University; Eastern Illinois University; Governors State
14University; Illinois State University; Northeastern Illinois
15University; Northern Illinois University; Western Illinois
16University; the public community colleges of the State and any
17other public universities, colleges and community colleges now
18or hereafter established or authorized by the General Assembly.
19    (b) "Board": The Board of Higher Education created by this
21    (c) "Engineering college" has the meaning ascribed to it in
22the Professional Engineering Practice Act of 1989.
23(Source: P.A. 89-4, eff. 1-1-96.)



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1    (110 ILCS 205/2)  (from Ch. 144, par. 182)
2    Sec. 2. There is created a Board of Higher Education to
3consist of 16 members as follows: 10 members appointed by the
4Governor, by and with the advice and consent of the Senate; one
5member of a public university governing board, appointed by the
6Governor without the advice and consent of the Senate; one
7member of a private college or university board of trustees,
8appointed by the Governor without the advice and consent of the
9Senate; the chairman of the Illinois Community College Board;
10the chairman of the Illinois Student Assistance Commission; and
112 student members selected by the recognized advisory committee
12of students of the Board of Higher Education, one of whom must
13be a non-traditional undergraduate student who is at least 24
14years old and represents the views of non-traditional students,
15such as a person who is employed or is a parent. One Beginning
16on July 1, 2005, one of the 10 members appointed by the
17Governor, by and with the advice and consent of the Senate,
18must be a faculty member at an Illinois public university. The
19Governor shall designate the Chairman of the Board to serve
20until a successor is designated. The chairmen of the Board of
21Trustees of the University of Illinois, the Board of Trustees
22of Southern Illinois University, the Board of Governors of
23State Colleges and Universities, and the Board of Regents of
24Regency Universities shall cease to be members of the Board of
25Higher Education on the effective date of this amendatory Act



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1of 1995. No more than 7 of the members appointed by the
2Governor, excluding the Chairman, shall be affiliated with the
3same political party. The 10 members appointed by the Governor
4with the advice and consent of the Senate shall be citizens of
5the State and shall be selected, as far as may be practicable,
6on the basis of their knowledge of, or interest or experience
7in, problems of higher education. If the Senate is not in
8session or is in recess, when appointments subject to its
9confirmation are made, the Governor shall make temporary
10appointments which shall be subject to subsequent Senate
12(Source: P.A. 93-429, eff. 1-1-04; 94-905, eff. 1-1-07.)
13    (110 ILCS 205/3)  (from Ch. 144, par. 183)
14    Sec. 3. Terms; vacancies.
15    (a) The members of the Board whose appointments are subject
16to confirmation by the Senate shall be selected for 6-year
17terms expiring on January 31 of odd numbered years. Of the
18initial appointees, however, 2 shall be designated by the
19Governor to serve until January 31, 1963, 3 until January 31,
201965, and 3 until January 31, 1967.
21    Of the 2 appointees to be made by the Governor pursuant to
22this Act as amended by the 75th General Assembly, one shall be
23designated to serve until January 31, 1971 and one until
24January 31, 1973.
25    (b) The members of the Board shall continue to serve after



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1the expiration of their terms until their successors have been
3    (c) Vacancies on the Board in offices appointed by the
4Governor shall be filled by appointment by the Governor for the
5unexpired term. If the appointment is subject to Senate
6confirmation and the Senate is not in session or is in recess
7when the appointment is made, the appointee shall serve subject
8to subsequent Senate approval of the appointment.
9    (d) Each student member shall serve a term of one year
10beginning on July 1 of each year, except that the student
11member initially selected under this amendatory Act of the 94th
12General Assembly shall serve a term beginning on the date of
13such selection and expiring on the next succeeding June 30.
14    (e) The member of the Board representing public university
15governing boards and the member of the Board representing
16private college and university boards of trustees, who are
17appointed by the Governor but not subject to confirmation by
18the Senate, shall serve terms of one year beginning on July 1.
19(Source: P.A. 94-905, eff. 1-1-07.)
20    (110 ILCS 205/9.03)  (from Ch. 144, par. 189.03)
21    Sec. 9.03. To advise and counsel the Governor, at his or
22her request, regarding any area of, or matter pertaining to,
23higher education.
24(Source: P.A. 79-94.)



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1    (110 ILCS 205/9.04)  (from Ch. 144, par. 189.04)
2    Sec. 9.04. To submit to the Governor and the General
3Assembly a written report covering the activities engaged in
4and recommendations made. This report shall be submitted in
5accordance with the requirements of Section 3 of the State
6Finance Act.
7    The requirement for reporting to the General Assembly shall
8be satisfied by filing electronic or paper copies of the report
9with the Speaker, the Minority Leader and the Clerk of the
10House of Representatives and the President, the Minority Leader
11and the Secretary of the Senate and the Legislative Research
12Unit, as required by Section 3.1 of the General Assembly
13Organization Act "An Act to revise the law in relation to the
14General Assembly", approved February 25, 1874, as amended, and
15filing such additional electronic or paper copies with the
16State Government Report Distribution Center for the General
17Assembly as is required under paragraph (t) of Section 7 of the
18State Library Act.
19(Source: P.A. 90-730, eff. 8-10-98.)
20    (110 ILCS 205/9.07)  (from Ch. 144, par. 189.07)
21    Sec. 9.07. Admission standards.
22    (a) Subject to the provisions of subsection (b), to
23establish minimum admission standards for public community
24colleges, colleges and state universities. However,
25notwithstanding any other provision of this Section or any



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1other law of this State, the minimum admission standards
2established by the Board shall not directly or indirectly
3authorize or require a State college or university to
4discriminate in the admissions process against an applicant for
5admission because of the applicant's enrollment in a charter
6school established under Article 27A of the School Code.
7Admission standards for out-of-state students may be higher
8than for Illinois residents.
9    (b) Implementation of the new statewide minimum admission
10requirements and standards for public colleges and
11universities in Illinois established and announced by the Board
12in December, 1985 shall be deferred as provided in this
13subsection. The Board shall not attempt to implement or
14otherwise effect adoption and establishment of those minimum
15admission requirements and standards in any public community
16college, college or State university prior to the fall of 1993,
17and no public community college, college or State university
18shall be under any duty or obligation to implement, establish
19or otherwise apply those minimum admission requirements and
20standards to any entering freshmen prior to the fall of 1993.
21    The Board of Higher Education shall provide the State
22Superintendent of Education, on or before January 1, 1990,
23descriptions of course content, and such other criteria as are
24necessary to determine and certify whether all school districts
25maintaining grades 9-12 are offering courses which satisfy the
26minimum admission requirements and standards established and



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1announced by the Board. In addition, there shall be established
2a 9 member committee composed of 3 members selected by the
3Board of Higher Education, 3 members selected by the State
4Superintendent of Education and 3 members selected by the
5President of the Illinois Vocational Association. The
6committee shall be appointed within 30 days after the effective
7date of this amendatory Act. It shall be the duty and
8responsibility of the committee to identify and develop courses
9and curricula in the vocational education area which meet the
10minimum admission requirements and standards to be established
11and implemented under this Section. The first meeting of the
12committee shall be called by the Executive Director of the
13Board of Higher Education within 10 days after the committee is
14appointed. At its first meeting the committee shall organize
15and elect a chairperson. The committee's report shall be
16prepared and submitted by the committee to the Board of Higher
17Education, the Illinois State Board of Education and the
18General Assembly by April 1, 1989.
19    (c) By March 1, 1980, the Boards shall develop guidelines
20which: (1) place the emphasis on postsecondary remedial
21programs at Public Community Colleges and (2) reduces the role
22of the state universities in offering remedial programs. By
23June 30, 1981, the Board shall report to the General Assembly
24the progress made toward this transition in the emphasis on
25remedial programs at the postsecondary level and any
26legislative action that it deems appropriate. Under the



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1guidelines, if a State university determines that a student
2needs remedial coursework, then the university must require
3that the student complete the remedial coursework before
4pursuing his or her major course of study.
5(Source: P.A. 95-272, eff. 8-17-07.)
6    (110 ILCS 205/9.29)
7    Sec. 9.29. Tuition and fee waiver report and task force.
8(a) The Board of Higher Education shall annually compile
9information concerning tuition and fee waivers and tuition and
10fee waiver programs that has been provided by the Boards of
11Trustees of the University of Illinois, Southern Illinois
12University, Chicago State University, Eastern Illinois
13University, Governors State University, Illinois State
14University, Northeastern Illinois University, Northern
15Illinois University, and Western Illinois University and shall
16report its findings and recommendations concerning tuition and
17fee waivers and tuition and fee waiver programs to the General
18Assembly by filing electronic or paper copies of its report by
19December 31 of each year as provided in Section 3.1 of the
20General Assembly Organization Act.
21    (b) The General Assembly finds and declares (i) that the
22Board of Higher Education reports that in Fiscal Year 2011
23public institutions of higher education awarded tuition and fee
24waivers totaling nearly $415 million; (ii) that 83.9% of these
25waivers were discretionary in that they were awarded at the



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1discretion of each institution and valued at over $348 million;
2(iii) that the remaining 16.1% of waivers were mandatory in
3that institutions had to award the waivers by statute; and (iv)
4that because of the significant cost of such waivers, it is
5important to review, evaluate, and verify that these waivers
6are in the public interest and impose a reasonable financial
7impact upon higher education.
8    There is hereby created the Tuition and Fee Waiver Task
9Force. The Task Force shall consist of the following members:
10        (1) 2 members appointed by the President of the Senate;
11        (2) 2 members appointed by the Speaker of the House of
12    Representatives;
13        (3) 2 members appointed by the Minority Leader of the
14    Senate; and
15        (4) 2 members appointed by the Minority Leader of the
16    House of Representatives.
17    The President and Speaker shall designate one member each
18to serve as co-chairpersons of the Task Force. Members must be
19adults and residents of this State. The individual or his or
20her successor who appointed a member may remove that appointed
21member before the expiration of his or her term on the Task
22Force for official misconduct, incompetence, or neglect of
23duty. Members shall serve without compensation, but may be
24reimbursed for expenses. Appointments must be made within 60
25calendar days after the effective date of this amendatory Act
26of the 97th General Assembly.



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1    (c) The purpose of the Tuition and Fee Waiver Task Force is
2to conduct a thorough review and evaluation of the tuition and
3fee waiver programs offered by the public institutions of
4higher education listed in subsection (a) of this Section, as
5well as the findings and recommendations made by the Board
6concerning these programs pursuant to subsection (a) of this
7Section. The Task Force shall also thoroughly review and
8evaluate tuition and fee waiver programs offered by public
9institutions of higher education not listed in subsection (a)
10of this Section.
11    The Task Force shall review and evaluate each of the
12tuition and fee waiver programs offered by public institutions
13of higher education and determine the propriety of each such
14program. As part of its review and evaluation, the Task Force
15shall, among other things, consider the following:
16        (1) the institution's justification of the need for the
17    program;
18        (2) the program's intended purposes and goals;
19        (3) the program's eligibility and selection criteria;
20        (4) the program's costs;
21        (5) the purported benefits resulting from the program;
22    and
23        (6) whether the program serves the public interest or
24    advances a private interest.
25    (d) The Board shall provide administrative support to the
26Tuition and Fee Waiver Task Force. The Task Force shall conduct



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1meetings and public hearings before filing any report mandated
2under this subsection (d). At the public hearings, the Task
3Force shall allow interested persons to present their views and
4comments. The Task Force shall submit a report setting forth
5its review and evaluation of the tuition and fee waiver
6programs offered by public institutions of higher education on
7or before April 15, 2013 to the Governor, the General Assembly,
8and the Board. Upon filing its reports, the Task Force is
10(Source: P.A. 97-772, eff. 7-11-12.)
11    (110 ILCS 205/9.13 rep.)
12    (110 ILCS 205/9.20 rep.)
13    (110 ILCS 205/9.25 rep.)
14    (110 ILCS 205/9.27 rep.)
15    Section 10. The Board of Higher Education Act is amended by
16repealing Sections 9.13, 9.20, 9.25, and 9.27.