Full Text of HB3255 100th General Assembly
HB3255eng 100TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning education.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Board of Higher Education Act is amended by | 5 | | changing Sections 1, 2, 3, 9.03, 9.04, 9.07, and 9.29 as | 6 | | follows:
| 7 | | (110 ILCS 205/1) (from Ch. 144, par. 181)
| 8 | | Sec. 1.
The following terms shall have the meanings | 9 | | respectively prescribed
for them, except when the context | 10 | | otherwise requires:
| 11 | | (a) "Public institutions of higher education": The | 12 | | University of
Illinois; Southern Illinois University;
Chicago | 13 | | State University; Eastern Illinois University; Governors State
| 14 | | University; Illinois State University; Northeastern Illinois | 15 | | University;
Northern Illinois University; Western Illinois | 16 | | University; the public community
colleges of the State and any
| 17 | | other public universities, colleges and community colleges now | 18 | | or hereafter
established or authorized by the General Assembly.
| 19 | | (b) "Board": The Board of Higher Education created by this | 20 | | Act.
| 21 | | (c) "Engineering college" has the meaning ascribed to it in | 22 | | the
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 | 3 | | consist of 16
members as follows: 10 members appointed by the | 4 | | Governor, by and with
the advice and consent of the Senate; one | 5 | | member of a public university
governing board, appointed by the | 6 | | Governor without the advice and consent of
the Senate; one | 7 | | member of a private college or university board of trustees,
| 8 | | appointed by the Governor without the advice and consent of the | 9 | | Senate; the
chairman of the Illinois Community College Board; | 10 | | the
chairman of the Illinois Student Assistance Commission; and | 11 | | 2 student members
selected by the recognized advisory committee | 12 | | of students of the Board of
Higher Education, one of whom must | 13 | | be a non-traditional undergraduate student who is at least 24 | 14 | | years old and represents the views of non-traditional students, | 15 | | such as a person who is employed or is a parent. One Beginning | 16 | | on July 1, 2005, one of the 10 members appointed
by the | 17 | | Governor, by and with the advice and consent of the Senate, | 18 | | must be a
faculty member at an Illinois public university. The | 19 | | Governor shall
designate the
Chairman of the Board to
serve | 20 | | until a successor is designated. The chairmen of the Board of | 21 | | Trustees
of the University of Illinois, the Board of Trustees | 22 | | of Southern Illinois
University, the Board of Governors of | 23 | | State Colleges and Universities, and the
Board of Regents of | 24 | | Regency Universities shall cease to be members of the Board
of | 25 | | Higher Education on the effective date of this amendatory Act |
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| 1 | | of 1995.
No more than 7 of the members appointed by the | 2 | | Governor, excluding the
Chairman, shall be affiliated
with the | 3 | | same political party. The 10 members appointed by
the Governor | 4 | | with the advice and
consent of the Senate shall be citizens of | 5 | | the State and shall be
selected, as far as may be practicable, | 6 | | on the basis of their knowledge
of, or interest or experience | 7 | | in, problems of higher education. If the
Senate is not in | 8 | | session or is in recess, when appointments subject to
its | 9 | | confirmation are made, the Governor shall make temporary
| 10 | | appointments which shall be subject to subsequent Senate | 11 | | approval.
| 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 | 16 | | to
confirmation by the Senate shall be selected for 6-year | 17 | | terms expiring on
January 31 of odd numbered years. Of the | 18 | | initial appointees, however, 2
shall be designated by the | 19 | | Governor to serve until January 31, 1963, 3
until January 31, | 20 | | 1965, and 3 until January 31, 1967.
| 21 | | Of the 2 appointees to be made by the Governor pursuant to | 22 | | this Act as
amended by the 75th General Assembly, one shall be | 23 | | designated to
serve until January 31, 1971 and one until | 24 | | January 31, 1973.
| 25 | | (b) The members of the Board shall continue to serve after |
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| 1 | | the
expiration of their terms until their successors have been | 2 | | appointed.
| 3 | | (c) Vacancies on the Board in offices appointed by the | 4 | | Governor shall be
filled by appointment by the Governor for the | 5 | | unexpired term. If the
appointment is subject to Senate | 6 | | confirmation and the Senate is not in
session or is in recess | 7 | | when the appointment is made, the appointee shall
serve subject | 8 | | to subsequent Senate approval of the appointment.
| 9 | | (d) Each student member shall serve a term of one year | 10 | | beginning on July
1 of each year , except that the student | 11 | | member initially selected under this amendatory Act of the 94th | 12 | | General Assembly shall
serve a term beginning on the date of | 13 | | such selection and expiring on the
next succeeding June 30 .
| 14 | | (e) The member of the Board representing public university | 15 | | governing
boards and the member of the Board representing | 16 | | private college and university
boards of trustees, who are | 17 | | appointed by the Governor but not subject to
confirmation by | 18 | | the 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 | 22 | | her request, regarding any
area of, or matter pertaining to, | 23 | | higher 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 | 3 | | Assembly a written report
covering the activities engaged in | 4 | | and recommendations made. This report shall
be submitted in | 5 | | accordance with the
requirements of Section 3 of the State | 6 | | Finance Act.
| 7 | | The requirement for reporting to the General Assembly shall | 8 | | be satisfied
by filing electronic or paper copies of the report | 9 | | with the Speaker, the Minority Leader and
the Clerk of the | 10 | | House of Representatives and the President, the Minority
Leader | 11 | | and the Secretary of the Senate and the Legislative Research
| 12 | | Unit, as required
by Section 3.1 of the General Assembly | 13 | | Organization Act "An Act to revise the law in relation to the | 14 | | General
Assembly",
approved February 25, 1874, as amended , and | 15 | | filing such additional electronic or paper copies
with the | 16 | | State Government Report Distribution Center for the General | 17 | | Assembly
as is required under
paragraph (t) of Section 7 of the | 18 | | State 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
| 23 | | establish minimum admission standards for public community | 24 | | colleges,
colleges and state universities. However, | 25 | | notwithstanding any other
provision of this Section or any |
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| 1 | | other law of this State, the minimum admission
standards | 2 | | established by the Board shall not directly or indirectly | 3 | | authorize
or require a State college or university to | 4 | | discriminate in the admissions
process against an applicant for | 5 | | admission because of the applicant's
enrollment in a charter | 6 | | school
established under
Article 27A of the School Code. | 7 | | Admission standards for out-of-state
students may be higher | 8 | | than for Illinois residents.
| 9 | | (b) Implementation of the new statewide minimum admission | 10 | | requirements
and standards for public colleges and | 11 | | universities in Illinois established
and announced by the Board | 12 | | in December, 1985 shall be deferred as provided
in this | 13 | | subsection. The Board shall not attempt to implement or | 14 | | otherwise
effect adoption and establishment of those minimum | 15 | | admission requirements
and standards in any public community | 16 | | college, college or State university
prior to the fall of 1993, | 17 | | and no public community college, college or
State university | 18 | | shall be under any duty or obligation to implement,
establish | 19 | | or otherwise apply those minimum admission requirements and
| 20 | | standards to any entering freshmen prior to the fall of 1993. | 21 | | The Board of Higher Education shall provide the State | 22 | | Superintendent of
Education, on or before January 1, 1990, | 23 | | descriptions of
course content, and such other criteria as are | 24 | | necessary to determine and
certify whether all school districts | 25 | | maintaining grades 9-12 are offering
courses which satisfy the | 26 | | minimum admission requirements and standards
established and |
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| 1 | | announced by the Board.
In addition, there shall be established | 2 | | a 9 member committee composed
of 3 members selected by the | 3 | | Board of Higher Education, 3 members selected
by the State | 4 | | Superintendent of Education and 3 members selected by the
| 5 | | President of the Illinois Vocational Association. The | 6 | | committee shall be
appointed within 30 days after the effective | 7 | | date of this amendatory Act.
It shall be the duty and | 8 | | responsibility of the committee to identify and
develop courses | 9 | | and curricula in the vocational education area which meet
the | 10 | | minimum admission requirements and standards to be established | 11 | | and
implemented under this Section. The first meeting of the | 12 | | committee shall
be called by the Executive Director of the | 13 | | Board of Higher Education
within 10 days after the committee is | 14 | | appointed. At its first meeting the
committee shall organize | 15 | | and elect a chairperson. The committee's report
shall be | 16 | | prepared and submitted by the committee to the Board of Higher
| 17 | | Education, the Illinois State Board of Education and the | 18 | | General Assembly
by April 1, 1989.
| 19 | | (c) By March 1, 1980, the Boards shall develop guidelines | 20 | | which: (1) place
the emphasis on postsecondary remedial | 21 | | programs at Public Community Colleges
and (2) reduces the role | 22 | | of the state universities in offering remedial
programs. By | 23 | | June 30, 1981, the Board shall report to the General Assembly
| 24 | | the progress made toward this transition in the emphasis on | 25 | | remedial programs
at the postsecondary level and any | 26 | | legislative action that it deems
appropriate. Under the |
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| 1 | | guidelines, if a State university determines that a student | 2 | | needs remedial coursework, then the university must require | 3 | | that the student complete the remedial coursework before | 4 | | pursuing 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 | 9 | | information concerning tuition and fee waivers and tuition and | 10 | | fee
waiver
programs that has been
provided by
the Boards of | 11 | | Trustees of the University of Illinois, Southern Illinois
| 12 | | University, Chicago
State University, Eastern Illinois | 13 | | University, Governors State University,
Illinois State
| 14 | | University, Northeastern Illinois University, Northern | 15 | | Illinois University, and
Western
Illinois University and shall | 16 | | report its findings and recommendations
concerning tuition and | 17 | | fee
waivers and tuition and fee waiver programs to the General | 18 | | Assembly by filing electronic or paper
copies of
its
report by | 19 | | December
31 of
each year as provided in Section 3.1 of the | 20 | | General Assembly Organization
Act.
| 21 | | (b) The General Assembly finds and declares (i) that the | 22 | | Board of Higher Education reports that in Fiscal Year 2011 | 23 | | public institutions of higher education awarded tuition and fee | 24 | | waivers totaling nearly $415 million; (ii) that 83.9% of these | 25 | | waivers were discretionary in that they were awarded at the |
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| 1 | | discretion of each institution and valued at over $348 million; | 2 | | (iii) that the remaining 16.1% of waivers were mandatory in | 3 | | that institutions had to award the waivers by statute; and (iv) | 4 | | that because of the significant cost of such waivers, it is | 5 | | important to review, evaluate, and verify that these waivers | 6 | | are in the public interest and impose a reasonable financial | 7 | | impact upon higher education. | 8 | | There is hereby created the Tuition and Fee Waiver Task | 9 | | Force. 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 | 18 | | to serve as co-chairpersons of the Task Force. Members must be | 19 | | adults and residents of this State. The individual or his or | 20 | | her successor who appointed a member may remove that appointed | 21 | | member before the expiration of his or her term on the Task | 22 | | Force for official misconduct, incompetence, or neglect of | 23 | | duty. Members shall serve without compensation, but may be | 24 | | reimbursed for expenses. Appointments must be made within 60 | 25 | | calendar days after the effective date of this amendatory Act | 26 | | of the 97th General Assembly. |
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| 1 | | (c) The purpose of the Tuition and Fee Waiver Task Force is | 2 | | to conduct a thorough review and evaluation of the tuition and | 3 | | fee waiver programs offered by the public institutions of | 4 | | higher education listed in subsection (a) of this Section, as | 5 | | well as the findings and recommendations made by the Board | 6 | | concerning these programs pursuant to subsection (a) of this | 7 | | Section. The Task Force shall also thoroughly review and | 8 | | evaluate tuition and fee waiver programs offered by public | 9 | | institutions of higher education not listed in subsection (a) | 10 | | of this Section. | 11 | | The Task Force shall review and evaluate each of the | 12 | | tuition and fee waiver programs offered by public institutions | 13 | | of higher education and determine the propriety of each such | 14 | | program. As part of its review and evaluation, the Task Force | 15 | | shall, 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 | 26 | | Tuition and Fee Waiver Task Force. The Task Force shall conduct |
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| 1 | | meetings and public hearings before filing any report mandated | 2 | | under this subsection (d). At the public hearings, the Task | 3 | | Force shall allow interested persons to present their views and | 4 | | comments. The Task Force shall submit a report setting forth | 5 | | its review and evaluation of the tuition and fee waiver | 6 | | programs offered by public institutions of higher education on | 7 | | or before April 15, 2013 to the Governor, the General Assembly, | 8 | | and the Board. Upon filing its reports, the Task Force is | 9 | | dissolved. | 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 | 16 | | repealing Sections 9.13, 9.20, 9.25, and 9.27.
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