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

HB5464eng 102ND GENERAL ASSEMBLY

  
  
  

 


 
HB5464 EngrossedLRB102 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 and by adding Section 75.5 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    (g-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    (105 ILCS 426/75.5 new)
5    Sec. 75.5. Cease and desist order. The Board may issue a
6cease and desist order to any school operating without the
7required permit of approval and may assess a penalty fee. The
8penalty fee may not exceed $10,000 per violation. Each
9violation per day of any provision of this Act shall
10constitute a separate offense. The cease and desist order
11shall be issued to the school, shall contain the school's name
12and address and a brief factual statement, shall identify the
13Act and the statutory citations of the Act allegedly violated
14and the penalty fee, if any, imposed. The cease and desist
15order must clearly state that the school may choose to request
16a hearing. If the school does not request a hearing with the
17Board within 30 days after the cease and desist order is
18served, then the cease and desist order shall become final and
19not subject to appeal. The penalty shall be a fee or other
20conditions as established by rule.
 
21    Section 15. The Developmental Education Reform Act is
22amended by changing Section 100-30 as follows:
 
23    (110 ILCS 175/100-30)

 

 

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1    Sec. 100-30. Institutional plans; report.
2    (a) On or before May 1, 2022, each university shall submit
3to the Board of Higher Education and each community college
4shall submit to the Illinois Community College Board its
5institutional plan for scaling evidence-based developmental
6education reforms to maximize the probability that a student
7will be placed in and successfully complete introductory
8college-level English language or mathematics coursework
9within 2 semesters at the institution. At a minimum, a plan
10submitted by an institution shall include all of the
11following:
12        (1) A description of the current developmental
13    education models offered by the institution. If the
14    institution does not currently offer developmental
15    education coursework, it must provide details regarding
16    its decision not to offer developmental education
17    coursework and the pathways that are available to students
18    deemed to be insufficiently prepared for introductory
19    college-level English language or mathematics coursework.
20        (2) A description of the developmental education
21    models that will be implemented and scaled and the basis
22    of the evidence and associated data that the institution
23    considered in making the decision to scale each model.
24        (3) Baseline data and benchmarks for progress,
25    including, but not limited to, (i) enrollment in
26    credit-bearing English language or mathematics courses,

 

 

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1    (ii) rates of successful completion of introductory
2    college-level English language or mathematics courses, and
3    (iii) college-credit accumulation.
4        (4) Detailed plans for scaling reforms and improving
5    outcomes for all students placed in traditional
6    developmental education models or models with comparable
7    introductory college-level course completion rates. The
8    plan shall provide details about the expected improvements
9    in educational outcomes for Black students as result of
10    the proposed reforms.
11    (b) On or before February 15 January 1, 2023 and every 2
12years thereafter, the Board of Higher Education and Illinois
13Community College Board shall collect data and report to the
14General Assembly and the public the status of developmental
15education reforms at institutions. The report must include
16data on the progress of the developmental education reforms,
17including, but not limited to, (i) enrollment in
18credit-bearing English language or mathematics courses, (ii)
19rates of successful completion of introductory college-level
20English language or mathematics courses, and (iii)
21college-credit accumulation. The data should be disaggregated
22by gender, race and ethnicity, federal Pell Grant status, and
23other variables of interest to the Board of Higher Education
24and the Illinois Community College Board.
25    (c) On or before February 15 January 1, 2024 and every 2
26years thereafter, the Board of Higher Education and Illinois

 

 

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1Community College Board, in consultation with institutions of
2higher education and other stakeholders, shall consider
3additional data reporting requirements to facilitate the
4rigorous and continuous evaluation of each institution's
5implementation plan and its impact on improving outcomes for
6students in developmental education, particularly for Black
7students.
8(Source: P.A. 101-654, eff. 3-8-21.)
 
9    Section 20. The Board of Higher Education Act is amended
10by changing Sections 1, 3, 6, 7, 8, 9.16, 11, and 16 as
11follows:
 
12    (110 ILCS 205/1)  (from Ch. 144, par. 181)
13    Sec. 1. The following terms shall have the meanings
14respectively prescribed for them, except when the context
15otherwise requires:
16    "Public institutions of higher education": The University
17of Illinois; Southern Illinois University; Chicago State
18University; Eastern Illinois University; Governors State
19University; Illinois State University; Northeastern Illinois
20University; Northern Illinois University; Western Illinois
21University; the public community colleges of the State and any
22other public universities, colleges and community colleges now
23or hereafter established or authorized by the General
24Assembly.

 

 

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1    "Board": The Board of Higher Education created by this
2Act.
3    "Private institution of higher education": Any institution
4of higher education that is subject to the Private College Act
5or the Academic Degree Act.
6(Source: P.A. 100-167, eff. 1-1-18.)
 
7    (110 ILCS 205/3)  (from Ch. 144, par. 183)
8    Sec. 3. Terms; vacancies.
9    (a) The members of the Board whose appointments are
10subject to confirmation by the Senate shall be selected for
116-year terms expiring on January 31 of odd numbered years.
12    (b) The members of the Board shall continue to serve after
13the expiration of their terms until their successors have been
14appointed.
15    (c) Vacancies on the Board in offices appointed by the
16Governor shall be filled by appointment by the Governor for
17the unexpired term. If the appointment is subject to Senate
18confirmation and the Senate is not in session or is in recess
19when the appointment is made, the appointee shall serve
20subject to subsequent Senate approval of the appointment.
21    (d) Each student member shall serve a term of one year
22beginning on July 1 of each year and until a successor is
23appointed and qualified.
24    (e) The member of the Board representing public university
25governing boards and the member of the Board representing

 

 

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1private college and university boards of trustees, who are
2appointed by the Governor but not subject to confirmation by
3the Senate, shall serve terms of one year beginning on July 1.
4(Source: P.A. 100-167, eff. 1-1-18.)
 
5    (110 ILCS 205/6)  (from Ch. 144, par. 186)
6    Sec. 6. The Board, in cooperation with the Illinois
7Community College Board, shall analyze the present and future
8aims, needs and requirements of higher education in the State
9of Illinois and prepare a strategic master plan for the
10development, expansion, integration, coordination and
11efficient utilization of the facilities, curricula and
12standards of higher education for public institutions of
13higher education in the areas of teaching, research and public
14service. The strategic master plan shall also include higher
15education affordability and accessibility measures. The Board,
16in cooperation with the Illinois Community College Board,
17shall formulate the strategic master plan and prepare and
18submit to the General Assembly and the Governor drafts of
19proposed legislation to effectuate the plan. The Board, in
20cooperation with the Illinois Community College Board, shall
21engage in a continuing study, an analysis, and an evaluation
22of the strategic master plan so developed, and it shall be its
23responsibility to recommend, from time to time as it
24determines, amendments and modifications of any strategic
25master plan enacted by the General Assembly.

 

 

HB5464 Engrossed- 35 -LRB102 26054 NLB 35506 b

1(Source: P.A. 99-655, eff. 7-28-16.)
 
2    (110 ILCS 205/7)  (from Ch. 144, par. 187)
3    Sec. 7. The Board of Trustees of the University of
4Illinois, the Board of Trustees of Southern Illinois
5University, the Board of Trustees of Chicago State University,
6the Board of Trustees of Eastern Illinois University, the
7Board of Trustees of Governors State University, the Board of
8Trustees of Illinois State University, the Board of Trustees
9of Northeastern Illinois University, the Board of Trustees of
10Northern Illinois University, the Board of Trustees of Western
11Illinois University, the Illinois Community College Board and
12the campuses under their governance or supervision shall not
13hereafter undertake the establishment of any new unit of
14instruction, research, or public service without the approval
15of the Board. The term "new unit of instruction, research, or
16public service" includes the establishment of a college,
17school, division, institute, department, or other unit in any
18field of instruction, research, or public service not
19theretofore included in the program of the institution, and
20includes the establishment of any new branch or campus. The
21term does not include reasonable and moderate extensions of
22existing curricula, research, or public service programs which
23have a direct relationship to existing programs; and the Board
24may, under its rulemaking power, define the character of such
25reasonable and moderate extensions.

 

 

HB5464 Engrossed- 36 -LRB102 26054 NLB 35506 b

1    Such governing boards shall submit to the Board all
2proposals for a new unit of instruction, research, or public
3service. The Board may approve or disapprove the proposal in
4whole or in part or approve modifications thereof whenever in
5its judgment such action is consistent with the objectives of
6an existing or proposed strategic master plan of higher
7education.
8    The Board of Higher Education is authorized to review
9periodically all existing programs of instruction, research,
10and public service at the State universities and colleges and
11to advise the appropriate board of control if the contribution
12of each program is not educationally and economically
13justified. Each State university shall report annually to the
14Board on programs of instruction, research, or public service
15that have been terminated, dissolved, reduced, or consolidated
16by the university. Each State university shall also report to
17the Board all programs of instruction, research, and public
18service that exhibit a trend of low performance in
19enrollments, degree completions, and high expense per degree.
20The Board shall compile an annual report that shall contain
21information on new programs created, existing programs that
22have been closed or consolidated, and programs that exhibit
23low performance or productivity. The report must be submitted
24to the General Assembly. The Board shall have the authority to
25define relevant terms and timelines by rule with respect to
26this reporting.

 

 

HB5464 Engrossed- 37 -LRB102 26054 NLB 35506 b

1(Source: P.A. 101-81, eff. 7-12-19.)
 
2    (110 ILCS 205/8)  (from Ch. 144, par. 188)
3    Sec. 8. The Board of Trustees of the University of
4Illinois, the Board of Trustees of Southern Illinois
5University, the Board of Trustees of Chicago State University,
6the Board of Trustees of Eastern Illinois University, the
7Board of Trustees of Governors State University, the Board of
8Trustees of Illinois State University, the Board of Trustees
9of Northeastern Illinois University, the Board of Trustees of
10Northern Illinois University, the Board of Trustees of Western
11Illinois University, and the Illinois Community College Board
12shall submit to the Board not later than the 15th day of
13November of each year its budget proposals for the operation
14and capital needs of the institutions under its governance or
15supervision for the ensuing fiscal year. Each budget proposal
16shall conform to the procedures developed by the Board in the
17design of an information system for State universities and
18colleges.
19    In order to maintain a cohesive system of higher
20education, the Board and its staff shall communicate on a
21regular basis with all public university presidents. They
22shall meet at least semiannually to achieve economies of scale
23where possible and provide the most innovative and efficient
24programs and services.
25    The Board, in the analysis of formulating the annual

 

 

HB5464 Engrossed- 38 -LRB102 26054 NLB 35506 b

1budget request, shall consider rates of tuition and fees and
2undergraduate tuition and fee waiver programs at the State
3universities and colleges. The Board shall also consider the
4current and projected utilization of the total physical plant
5of each campus of a university or college in approving the
6capital budget for any new building or facility.
7    The Board of Higher Education shall submit to the
8Governor, to the General Assembly, and to the appropriate
9budget agencies of the Governor and General Assembly its
10analysis and recommendations on such budget proposals.
11    The Board is directed to form a broad-based group of
12individuals representing the Office of the Governor, the
13General Assembly, public institutions of higher education,
14State agencies, business and industry, statewide organizations
15representing faculty and staff, and others as the Board shall
16deem appropriate to devise a system for allocating State
17resources to public institutions of higher education based
18upon performance in achieving State goals related to student
19success and certificate and degree completion.
20    Beginning in Fiscal Year 2013, the Board of Higher
21Education budget recommendations to the Governor and the
22General Assembly shall include allocations to public
23institutions of higher education based upon performance
24metrics designed to promote and measure student success in
25degree and certificate completion. Public university metrics
26must be adopted by the Board by rule, and public community

 

 

HB5464 Engrossed- 39 -LRB102 26054 NLB 35506 b

1college metrics must be adopted by the Illinois Community
2College Board by rule. These metrics must be developed and
3promulgated in accordance with the following principles:
4        (1) The metrics must be developed in consultation with
5    public institutions of higher education, as well as other
6    State educational agencies and other higher education
7    organizations, associations, interests, and stakeholders
8    as deemed appropriate by the Board.
9        (2) The metrics shall include provisions for
10    recognizing the demands on and rewarding the performance
11    of institutions in advancing the success of students who
12    are academically or financially at risk, including
13    first-generation students, low-income students, and
14    students traditionally underrepresented in higher
15    education, as specified in Section 9.16 of this Act.
16        (3) The metrics shall recognize and account for the
17    differentiated missions of institutions and sectors of
18    higher education.
19        (4) The metrics shall focus on the fundamental goal of
20    increasing completion of college courses, certificates,
21    and degrees. Performance metrics shall recognize the
22    unique and broad mission of public community colleges
23    through consideration of additional factors including, but
24    not limited to, enrollment, progress through key academic
25    milestones, transfer to a baccalaureate institution, and
26    degree completion.

 

 

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1        (5) The metrics must be designed to maintain the
2    quality of degrees, certificates, courses, and programs.
3In devising performance metrics, the Board may be guided by
4the report of the Higher Education Finance Study Commission.
5    Each State university must submit its plan for capital
6improvements of non-instructional facilities to the Board for
7approval before final commitments are made if the total cost
8of the project as approved by the institution's board of
9control is in excess of $2 million. Non-instructional uses
10shall include but not be limited to dormitories, union
11buildings, field houses, stadium, other recreational
12facilities and parking lots. The Board shall determine whether
13or not any project submitted for approval is consistent with
14the strategic master plan for higher education and with
15instructional buildings that are provided for therein. If the
16project is found by a majority of the Board not to be
17consistent, such capital improvement shall not be constructed.
18(Source: P.A. 99-655, eff. 7-28-16.)
 
19    (110 ILCS 205/9.16)  (from Ch. 144, par. 189.16)
20    Sec. 9.16. Underrepresentation of certain groups in higher
21education. To require public institutions of higher education
22to develop and implement an equity plan and practices that
23include methods and strategies to increase the access,
24retention, completion, and student loan repayment rates
25participation of minorities, rural students, adult students,

 

 

HB5464 Engrossed- 41 -LRB102 26054 NLB 35506 b

1women, and individuals with disabilities who are traditionally
2underrepresented in education programs and activities. To
3encourage private institutions of higher education to develop
4and implement an equity plan and practices. For the purpose of
5this Section, minorities shall mean persons who are citizens
6of the United States or lawful permanent resident aliens of
7the United States and who are any of the following:
8        (1) American Indian or Alaska Native (a person having
9    origins in any of the original peoples of North and South
10    America, including Central America, and who maintains
11    tribal affiliation or community attachment).
12        (2) Asian (a person having origins in any of the
13    original peoples of the Far East, Southeast Asia, or the
14    Indian subcontinent, including, but not limited to,
15    Cambodia, China, India, Japan, Korea, Malaysia, Pakistan,
16    the Philippine Islands, Thailand, and Vietnam).
17        (3) Black or African American (a person having origins
18    in any of the black racial groups of Africa).
19        (4) Hispanic or Latino (a person of Cuban, Mexican,
20    Puerto Rican, South or Central American, or other Spanish
21    culture or origin, regardless of race).
22        (5) Native Hawaiian or Other Pacific Islander (a
23    person having origins in any of the original peoples of
24    Hawaii, Guam, Samoa, or other Pacific Islands).
25    The Board shall adopt any rules necessary to administer
26this Section. The Board, in collaboration with the Illinois

 

 

HB5464 Engrossed- 42 -LRB102 26054 NLB 35506 b

1Community College Board, shall also do the following:
2    (a) require all public institutions of higher education to
3develop and submit an equity plan and implement practices
4that, at a minimum, close gaps in enrollment, retention,
5completion, and student loan repayment rates for
6underrepresented groups and encourage all private institutions
7of higher education to develop and submit such equity plans
8and implement such practices plans for the implementation of
9this Section;
10    (b) conduct periodic review of public institutions of
11higher education and private institutions of higher education
12to determine compliance with this Section; and if the Board
13finds that a public institution of higher education is not in
14compliance with this Section, it shall notify the institution
15of steps to take to attain compliance;
16    (c) provide advice and counsel pursuant to this Section;
17    (d) conduct studies of the effectiveness and outcomes of
18the methods and strategies outlined in an institution's equity
19plan, as well as others designed to increase participation and
20success of students in education programs and activities in
21which minorities, rural students, adult students, women, and
22individuals with disabilities are traditionally
23underrepresented, and monitor and report the outcomes for
24success of students as a result of the implementation of
25equity plans in such education programs and activities;
26    (e) require components of an institution's equity plan to

 

 

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1include strategies to increase encourage minority student
2recruitment, and retention, and student loan repayment rates
3in colleges and universities. In implementing this paragraph,
4the Board shall undertake but need not be limited to the
5following: the establishment of guidelines and plans for
6public institutions of higher education and private
7institutions of higher education for minority student
8recruitment, and retention, and student loan repayment rates,
9including requirements to establish campus climate and culture
10surveys, the review and monitoring of minority student
11services, programs, and supports implemented at public
12institutions of higher education and private institutions of
13higher education to determine their compliance with any
14guidelines and plans so established, the determination of the
15effectiveness and funding requirements of minority student
16services, programs, and supports at public institutions of
17higher education and private institutions of higher education,
18the dissemination of successful programs as models, and the
19encouragement of cooperative partnerships between community
20colleges, and local school attendance centers, and 4-year
21colleges and universities to support enrollment of which are
22experiencing difficulties in enrolling minority students in
23four-year colleges and universities;
24    (f) mandate all public institutions of higher education
25and encourage all private institutions of higher education to
26submit data and information essential to determine compliance

 

 

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1with this Section. The Board shall prescribe the format and
2the date for submission of this data and any other education
3equity data; and
4    (g) report to the General Assembly and the Governor
5annually with a description of the plans submitted by each
6public institution of higher education and each private
7institution of higher education for implementation of this
8Section, including financial data relating to the most recent
9fiscal year expenditures for specific minority programs, the
10effectiveness of such plans and programs and the effectiveness
11of the methods and strategies developed by the Board in
12meeting the purposes of this Section, the degree of compliance
13with this Section by each public institution of higher
14education and each private institution of higher education as
15determined by the Board pursuant to its periodic review
16responsibilities, and the findings made by the Board in
17conducting its studies and monitoring student outcomes and
18institutional success as required by paragraph (d) d) of this
19Section. With respect to each public institution of higher
20education and each private institution of higher education,
21such report also shall include, but need not be limited to,
22information with respect to each institution's minority
23program budget allocations; minority student admission,
24retention and graduation and student loan repayment rate
25statistics; admission, retention, and graduation, and student
26loan repayment rate statistics of all students who are the

 

 

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1first in their immediate family to attend an institution of
2higher education; number of financial assistance awards, not
3including student loans, to undergraduate and graduate
4minority students; and minority faculty representation. This
5paragraph shall not be construed to prohibit the Board from
6making, preparing or issuing additional surveys or studies
7with respect to minority education in Illinois.
8(Source: P.A. 102-465, eff. 1-1-22.)
 
9    (110 ILCS 205/11)  (from Ch. 144, par. 191)
10    Sec. 11. In the formulation of a strategic master plan of
11higher education and in the discharge of its duties under this
12Act, the Board shall give consideration to the problems and
13attitudes of private junior colleges, private colleges and
14universities, and of other educational groups,
15instrumentalities and institutions, and to specialized areas
16of education, as they relate to the overall policies and
17problems of higher education.
18(Source: P.A. 82-622.)
 
19    (110 ILCS 205/16)
20    Sec. 16. Record retention requirements when Closing an
21institution of higher education closes; student records;
22institutional transfer agreements; transcript fees.
23    (a) In this Section:
24    "Academic records" means the academic records of each

 

 

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1former student of an institution of higher education that is
2traditionally provided on an academic transcript, including,
3but not limited to, courses taken, terms, grades, and any
4other similar information.
5    "Institution of higher education" means any publicly or
6privately operated university, college, junior college,
7business, technical or vocational school, or other educational
8institution offering degrees and instruction beyond the
9secondary school level. "Institution of higher education" does
10not include a public community college.
11    "Institutional transfer agreement" means an articulation
12agreement or transfer agreement between 2 or more institutions
13of higher education wherein one institution agrees to accept
14the transfer of earned student credits from a former student
15of an institution that has discontinued operations.
16    (b) In the event an institution of higher education
17proposes to discontinue its operations, the chief
18administrative officer of the institution shall submit a plan
19to the Board for permanent retention of all academic records,
20including student records and academic records of the
21institution. The plan must be approved by the Executive
22Director of the Board before it is executed. In addition, the
23plan shall include the release of any institutional holds
24placed on any student record, regardless of the type of hold
25placed on a student record.
26    (c) If it appears to the Board that the academic records,

 

 

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1including student records and academic records, of an
2institution of higher education kept pursuant to an approved
3plan under subsection (b) of this Section may become lost,
4hidden, destroyed, or otherwise made unavailable to the Board,
5the Board may seize and take possession of the records, on its
6own motion and without order of a court.
7    (d) A fee for processing transcript requests for former
8student records from a closed institution may be set by the
9Board of Higher Education by rule when the records are held by
10the Board.
11(Source: P.A. 100-1008, eff. 8-21-18.)
 
12    Section 25. The Higher Education Cooperation Act is
13amended by changing Sections 4 and 5 as follows:
 
14    (110 ILCS 220/4)  (from Ch. 144, par. 284)
15    Sec. 4. A program of financial assistance to programs of
16interinstitutional cooperation, in higher education is
17established to implement the policy of encouraging such
18cooperation in order to achieve an efficient use of
19educational resources, an equitable distribution of
20educational services, the development of innovative concepts
21and applications, and other public purposes.
22    The Board of Higher Education shall administer this
23program of financial assistance and shall distribute the funds
24appropriated by the General Assembly for this purpose in the

 

 

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1form of grants to not-for-profit corporations organized to
2administer programs of interinstitutional cooperation in
3higher education or to public or nonpublic institutions of
4higher education participating in such programs.
5    In awarding grants to interinstitutional programs under
6this Act, the Board shall consider in relation to each such
7program whether it serves the public purposes expressed in
8this Act, whether the local community is substantially
9involved, whether its function could be performed better by a
10single existing institution, whether the program is consistent
11with the Illinois strategic master plan for higher education,
12and such other criteria as it determines to be appropriate.
13    No grant may be awarded under this Section for any program
14of sectarian instruction or for any program designed to serve
15a sectarian purpose.
16    As a part of its administration of this Act the Board may
17require audits or reports in relation to the administrative,
18fiscal and academic aspects of any interinstitutional program
19for which a grant is awarded under this Act. The Board shall
20annually submit to the Governor and the General Assembly a
21budgetary recommendation for grants under this Act.
22(Source: P.A. 85-244.)
 
23    (110 ILCS 220/5)  (from Ch. 144, par. 285)
24    Sec. 5. Any not-for-profit corporation organized to
25administer an interinstitutional program of higher education

 

 

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1may be recognized under this Section if it has been in
2existence for 3 years or longer, it is structured for
3continuing operation, it is substantial in scope, it is
4oriented to and supported by the community in which it is
5located and it is consistent with the Illinois strategic
6master plan for higher education.
7    In each request of the Board of Higher Education to the
8General Assembly for the appropriation of funds for the
9purpose of making grants under this Act the Board shall
10specify the amount of the grant proposed for each
11not-for-profit corporation recognized under this Section.
12    The following not-for-profit corporations are recognized
13for the purposes of this Section:
14    The Quad Cities Graduate Study Center.
15(Source: P.A. 77-2813.)
 
16    Section 30. The Private College Act is amended by changing
17Sections 3, 4, 5, 14.5, and 15 and by adding Sections 4.5 and
1816 as follows:
 
19    (110 ILCS 1005/3)  (from Ch. 144, par. 123)
20    Sec. 3. (a) Applications submitted to the Board for a
21certificate of approval to operate a post-secondary
22educational institution shall contain a statement of the
23following:
24    1. the proposed name of the institution and its proposed

 

 

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

 

 

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

 

 

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

 

 

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1financial loss; .
2    4. Failure to allow any duly authorized employee, or other
3representative of the Board, to enter upon the premises of any
4post-secondary educational institution or have access through
5electronic means to inspect or otherwise examine the same and
6any books, papers, or other records pertaining to the degree
7granting program of such institution, including, but not
8limited, to financial records such as balance sheets, income
9statements, and cash flow statements.
10(Source: P.A. 80-1309.)
 
11    (110 ILCS 1005/14.5)
12    Sec. 14.5. Fees.
13    (a) Fees to cover the cost of reviewing applications for a
14certificate of approval to establish or operate a
15post-secondary educational institution may be set by the Board
16by rule.
17    (b) Fees to cover transcript processing of closed
18institutions may be set by the Board by rule.
19    (c) Rulemaking authority to implement this amendatory Act
20of the 95th General Assembly, if any, is conditioned on the
21rules being adopted in accordance with all provisions of the
22Illinois Administrative Procedure Act and all rules and
23procedures of the Joint Committee on Administrative Rules; any
24purported rule not so adopted, for whatever reason, is
25unauthorized.

 

 

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1(Source: P.A. 95-1046, eff. 3-27-09.)
 
2    (110 ILCS 1005/15)  (from Ch. 144, par. 135)
3    Sec. 15. Any person violating any provision of this Act
4shall be guilty of a petty offense and fined not less than $25
5nor more than $10,000 $100. Each day's violation of any
6provision of this Act shall constitute a separate offense.
7(Source: P.A. 84-1308.)
 
8    (110 ILCS 1005/16 new)
9    Sec. 16. Cease and desist order. The Board may issue a
10cease and desist order to any institution operating without
11the required certificate of approval and may assess a penalty
12fee. The penalty fee may not exceed $10,000 per violation.
13Each violation per day of any provision of this Act shall
14constitute a separate offense. The cease and desist order
15shall be issued to the institution, shall contain the
16institution's name and address and a brief factual statement,
17shall identify the Act and the statutory citations of the Act
18allegedly violated and the penalty fee, if any, imposed. The
19cease and desist order must clearly state that the institution
20may choose to request a hearing. If the institution does not
21request a hearing with the Board within 30 days after the cease
22and desist order is served, then the cease and desist order
23shall become final and not subject to appeal. The penalty
24shall be a fee or other conditions as established by rule.
 

 

 

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1    Section 35. The Academic Degree Act is amended by changing
2Sections 4 and 6 and by adding Sections 5.5 and 12 as follows:
 
3    (110 ILCS 1010/4)  (from Ch. 144, par. 234)
4    Sec. 4. Period before award.) (a) Unless a degree granting
5institution was authorized to operate in Illinois, or was in
6operation, on August 14, 1961, it shall not award any earned
7degree until one year after it has filed a written notice with
8and until such institution has received the authorization and
9approval of the Board. Except as permitted under Section 5, no
10educational organization or entity shall be authorized to
11award any degree nor be approved as a degree granting
12institution unless it requires an appropriate period of
13instruction to be in residence. The notice shall be under oath
14or affirmation of the principal officer of the institution and
15shall contain: the name and address of the degree granting
16institution; the names and addresses of the president or other
17administrative head and of each member of the board of
18trustees or other governing board; a description of the degree
19or degrees to be awarded and the course or courses of study
20prerequisite thereto; and such additional information relevant
21to the purposes of this Act as the Board may prescribe. An
22amendment to the notice shall be under oath or affirmation of
23the principal officer of the institution and shall be filed
24with the Board prior to the award of any degree not contained

 

 

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1in the original notice or prior amendments thereto. A degree
2authorized in an amendment shall not be awarded until one year
3after the filing of the amendment with and the authorization
4of the Board. The submission of the regular catalog of the
5institution shall, if it covers the matters hereinabove
6mentioned, be deemed to constitute compliance herewith.
7    (b) A degree granting institution shall keep the notice
8which it shall have filed with the Board current at all times.
9For this purpose, it shall report annually, by appropriate
10amendment of the notice, any change in any fact previously
11reported.
12    (c) The Board shall not approve any notice or amendment
13thereto filed pursuant to this Section unless it finds the
14facts stated therein to be correct and further finds that such
15facts constitute compliance with the requirements of this Act
16for degree granting institutions.
17    (d) The Board may not approve any notice, amendment, or
18application that has been plagiarized, in part or in whole,
19and may return any notice, amendment, or application.
20Additionally, the Board may not approve any notice, amendment,
21or application that has not been completed in its entirety.
22Any such uncompleted notice, amendment, or application shall
23be returned to the degree granting institution.
24    (e) The Board may not approve any proposed degree program
25unless it is educationally and economically consistent with
26the educational priorities and needs of this State and meets a

 

 

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1need that is not currently met by existing institutions and is
2supported by clear evidence of need.
3(Source: P.A. 80-1309.)
 
4    (110 ILCS 1010/5.5 new)
5    Sec. 5.5. Disclosure of heightened monitoring of finances.
6Any institution approved by the Board under this Act shall
7make the following disclosures:
8    (a) If the United States Department of Education places
9the institution on either the Heightened Cash Monitoring 2
10payment method or the reimbursement payment method, as
11authorized under 34 CFR 668.162, a clear and conspicuous
12disclosure that the United States Department of Education has
13heightened monitoring of the institution's finances and the
14reason for such monitoring. Such disclosure shall be made
15within 14 days of the action of the United States Department of
16Education both on the institution's website and to all
17students and prospective students on a form prescribed by the
18Board.
19    (b) Any other disclosure the Board requires by rule
20adopted pursuant to this Act.
 
21    (110 ILCS 1010/6)  (from Ch. 144, par. 236)
22    Sec. 6. Right of inspection; Penalty for refusal or
23obstruction. Any duly authorized employee or other
24representative of the Board may enter upon the premises of any

 

 

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1degree granting institution or may have access through
2electronic means to and inspect or otherwise examine the same
3and any books, papers or other records pertaining to the
4degree granting program of such institution including, but not
5limited to, financial records such as balance sheets, income
6statements, and cash flow statements. For failure to permit
7such entry, inspection or examination or for obstruction
8thereof, the Board may invalidate any notice filed with it by
9the degree granting institution and revoke any authorization
10made pursuant to Section 4 of this Act and may refuse to accept
11another notice from or on behalf of such institution or any
12person connected with the administration thereof until such
13refusal or obstruction has been withdrawn. Any action taken
14pursuant to this Section shall be in addition to any other
15penalty which may be imposed for violation of this Act.
16(Source: P.A. 80-1309.)
 
17    (110 ILCS 1010/12 new)
18    Sec. 12. Cease and desist order. The Board may issue a
19cease and desist order to any educational organization or
20entity operating without the required authorization to operate
21and grant degrees. The Board may assess a penalty fee. The
22penalty fee may not exceed $10,000 per violation. Each
23violation per day of any provision of this Act shall
24constitute a separate offense. The cease and desist order
25shall be issued to the educational organization or entity and

 

 

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1shall contain the name and address of the educational
2organization or entity, a brief factual statement, shall
3identify the Act and the statutory citations of the Act
4allegedly violated and the penalty fee, if any, imposed. The
5cease and desist order must state clearly that the educational
6organization or entity may choose to request a hearing. If the
7educational organization or entity does not request a hearing
8with the Board, or its designee, within 30 days after the cease
9and desist order is served, then the cease and desist order
10shall become final and not subject to appeal. The penalty
11shall be a fee or other conditions as established by rule.
 
12    Section 99. Effective date. This Act takes effect upon
13becoming law.

 

 

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1 INDEX
2 Statutes amended in order of appearance
3    105 ILCS 13/10
4    105 ILCS 13/20
5    105 ILCS 426/20
6    105 ILCS 426/30
7    105 ILCS 426/35
8    105 ILCS 426/37
9    105 ILCS 426/50
10    105 ILCS 426/55
11    105 ILCS 426/70
12    105 ILCS 426/75
13    105 ILCS 426/75.5 new
14    110 ILCS 175/100-30
15    110 ILCS 205/1from Ch. 144, par. 181
16    110 ILCS 205/3from Ch. 144, par. 183
17    110 ILCS 205/6from Ch. 144, par. 186
18    110 ILCS 205/7from Ch. 144, par. 187
19    110 ILCS 205/8from Ch. 144, par. 188
20    110 ILCS 205/9.16from Ch. 144, par. 189.16
21    110 ILCS 205/11from Ch. 144, par. 191
22    110 ILCS 205/16
23    110 ILCS 220/4from Ch. 144, par. 284
24    110 ILCS 220/5from Ch. 144, par. 285
25    110 ILCS 1005/3from Ch. 144, par. 123

 

 

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1    110 ILCS 1005/4from Ch. 144, par. 124
2    110 ILCS 1005/4.5 new
3    110 ILCS 1005/5from Ch. 144, par. 125
4    110 ILCS 1005/14.5
5    110 ILCS 1005/15from Ch. 144, par. 135
6    110 ILCS 1005/16 new
7    110 ILCS 1010/4from Ch. 144, par. 234
8    110 ILCS 1010/5.5 new
9    110 ILCS 1010/6from Ch. 144, par. 236
10    110 ILCS 1010/12 new