SB3441 98TH GENERAL ASSEMBLY

LRB098 19909 OMW 55128 b

98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
SB3441

Introduced 2/14/2014, by Sen. Pat McGuire

SYNOPSIS AS INTRODUCED:

New Act
30 ILCS 105/5.855 new

Creates the Higher Education Distance Learning Act. Provides that in recent years, distance education offered by institutions of higher learning has been increasing, with such distance education being offered on an interstate basis by many institutions. Provides that the provision of distance education is declared to affect the public safety and welfare and shall be subject to regulation and control in the public interest. Provides that the Board of Higher Education is authorized to participate in a state authorization reciprocity agreement on behalf of this State. Provides that the Board of Higher Education shall be the lead agency in coordinating interstate reciprocity for distance learning for participating institutions in this State. Sets forth provisions governing agreements where Illinois is the home state or the reciprocal state. Provides that this Act applies only to distance learning programs and authorizes the Board of Higher Education to adopt rules for the execution of its powers and duties under the Act. Creates the Distance Learning Fund to supplement support for the administration and enforcement of the Act. Amends the State Finance Act to create the Distance Learning Fund.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning education.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 1. Short Title. This Act may be cited as the Higher Education Distance Learning Act.

Section 5. Legislative declaration of public policy. In recent years, distance education offered by institutions of higher learning has been increasing, with such distance education being offered on an interstate basis by many institutions. Often, students participate in such education in states where the institution maintains no actual physical presence. Both the regulation and the availability of institutions to participate in distance learning have been hampered by multi-jurisdictional differences between the states and uneven regulation among the states for the same programs. Various multi-state compacts have addressed this problem by creating a voluntary system of interstate reciprocity for institutions of higher learning to streamline authorization and regulations for institutions of higher learning that voluntarily agree to participate in a reciprocity program. The provision of such distance education is hereby declared to affect the public safety and welfare and to be subject to regulation and control in the public interest. It is further the public policy of this State that such a program of reciprocity shall be made available on a voluntary basis to participating institutions of higher learning and that any other institutions that choose not to participate shall continue to be regulated under current laws and regulations that govern distance learning.

Section 10. Definitions. In this Act:

"Board" means Board of Higher Education.

"Home state" means the state that regulates each participating institution of higher learning and its distance learning programs. A state cannot be the "home state" unless the institution either has a physical presence in that state or holds its principal institutional accreditation in that state.

"Institution of higher learning" or "institution" shall have the meaning ascribed to it under Section 10 of the Higher Education Student Assistance Act.

"Mediated instruction" means the delivery of instruction at a distance facilitated by technology, such as by teleconferencing, video-conferencing, or the Internet.

"Participation agreement" is the agreement that each willing participating institution is required to sign and abide by in order to take advantage of the reciprocity agreements granted by other states.

"Participating institution" means any institution that offers an associate degree or higher, in whole or in part, through distance learning and has voluntarily or willingly entered into a participation agreement to be regulated by a participating home state with respect to institutional and program approval, complaints, and institutional and program reviews.

"Physical presence" means on-going occupation of a physical location for instructional purposes or maintenance of an administrative office to facilitate instruction.

"State" means any state, commonwealth, district, or territory of the United States that is a participant in good standing in a state authorization reciprocity agreement.

"State authorization reciprocity agreement" or "reciprocity agreement" means the voluntary agreement that establishes reciprocity between willing states for approval of postsecondary educational services delivered by distance learning beyond state boundaries.

Section 15. Authorization. The Board is authorized to participate in a state authorization reciprocity agreement on behalf of this State. The Board shall be the lead agency in coordinating interstate reciprocity for distance learning for participating institutions in this State.

Section 20. Illinois as the home state. Where this State has been designated as the home state for a participating institution, the Board shall approve, investigate, authorize, monitor, and establish common standards, reauthorize, establish, and investigate complaints, and attend to other administrative matters involving distance learning, including complaints from students and others in this State and from other states where the participating institutions are offering distance learning under a reciprocity agreement.

Section 25. Illinois as the reciprocal state. Where another state has been designated as the home state, a participating institution has received required approval, the participating institution has no physical presence in this State, and the participating institution does not hold its principal institutional accreditation in this State, the Board shall allow such participating institution to offer distance learning in this State under a participating agreement authorized by this Act. The Board shall charge no fee for granting such reciprocal distance learning approval.

However, if the participating institution has another home state, but also has a physical presence State or has its principal institutional accreditation in this State, the Board may regulate the institution and its distance learning programs in this State and is not bound by this participating agreement.

Section 30. Application of the Act. This Act applies only to distance learning programs and does not affect other approvals of institutions or programs required under the law in this State, nor does it affect any exemptions of institutions or programs granted by the law in this State. Except as required in Section 25 of this Act, any participating institution that remains eligible and in good standing under this Act shall not be required to obtain any other approval for distance learning required by Illinois law, unless the institution withdraws and is removed from this reciprocity program.

Section 35. Distance Learning Fund. The Distance Learning Fund is created as a special fund in the State treasury. All fees collected for the administration and enforcement of this Act shall be deposited into the Fund. All money in the Fund shall be used, subject to appropriation, by the Board to supplement support for the administration and enforcement of this Act and may not be used for any other purpose.

Section 90. Rules. The Board shall adopt rules for the execution of the powers and duties delegated to it by this Act, including, but not limited to, minimum standards for institutions and any fees required to cover the cost of the administration of this Act.

Section 500. The State Finance Act is amended by adding Section 5.855 as follows:

(30 ILCS 105/5.855 new)

Sec. 5.855. The Distance Learning Fund.