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

HB5464sam001 102ND GENERAL ASSEMBLY

Sen. Scott M. Bennett

Filed: 3/24/2022

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 5464

2    AMENDMENT NO. ______. Amend House Bill 5464 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The P-20 Longitudinal Education Data System
5Act is 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

 

 

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1non-public entity that meets one or more of the following: has
2the meaning ascribed to that term in Section 10 of the Higher
3Education Student Assistance Act.
4        (1) is a public institution of higher education as
5    defined in the Board of Higher Education Act, other than a
6    public community college;
7        (2) is a public institution of higher education funded
8    by a State other than Illinois and approved by the Board of
9    Higher Education to operate in this State;
10        (3) is a non-public educational institution approved
11    by the Board of Higher Education to operate in this State
12    pursuant to the Private Business and Vocational Schools
13    Act of 2012;
14        (4) is a non-public institution authorized or approved
15    by the Board of Higher Education to operate in this State
16    pursuant to the Private College Act, the Academic Degree
17    Act, or the Dual Credit Quality Act; or
18        (5) is a non-public institution operating in this
19    State that is exempt from authorization or approval by the
20    Board of Higher Education pursuant to provisions of the
21    Private College Act or Academic Degree Act, including such
22    institutions authorized or approved by the Board of Higher
23    Education pursuant to the Dual Credit Quality Act.
24    "Longitudinal data system" means a student unit record
25data system that links student records from early learning
26through the postsecondary level, which may consist of separate

 

 

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1student unit record systems integrated through agreement and
2data transfer mechanisms.
3    "Privacy protection laws" means the federal Family
4Educational Rights and Privacy Act of 1974 (20 U.S.C. 1232g),
5the Illinois School Student Records Act, the Personal
6Information Protection Act, and any other State or federal law
7relating to the confidentiality and protection of personally
8identifiable information.
9    "Research organization" means a governmental entity,
10institution of higher learning, public policy or advocacy
11organization, or other person or entity conducting educational
12research that (i) is qualified to perform educational research
13and protect the privacy of student data, (ii) is seeking to
14perform research for a non-commercial purpose authorized by
15privacy protection laws, and (iii) agrees to perform the
16research pursuant to a written agreement meeting the
17requirements of privacy protection laws and this Act.
18    "School" means any elementary or secondary educational
19institution, charter school, vocational school, special
20education facility, or any other elementary or secondary
21educational agency or institution, but does not include a
22non-public school.
23    "Secondary" means ninth through twelfth grade.
24    "State Board" means the State Board of Education.
25    "State Education Authorities" means the State Board,
26Community College Board, and Board of Higher Education.

 

 

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1(Source: P.A. 96-107, eff. 7-30-09.)
 
2    (105 ILCS 13/20)
3    Sec. 20. Collection and maintenance of data.
4    (a) The State Board is authorized to collect and maintain
5data from school districts, schools, and early learning
6programs and disclose this data to the longitudinal data
7system for the purposes set forth in this Act. The State Board
8shall collect data from charter schools with more than one
9campus in a manner that can be disaggregated by campus site.
10The State Board may also disclose data to the longitudinal
11data system that the State Board is otherwise authorized by
12law to collect and maintain.
13    On or before July 1, 2010, the State Board shall establish
14procedures through which State-recognized, non-public schools
15may elect to participate in the longitudinal data system by
16disclosing data to the State Board for one or more of the
17purposes set forth in this Act.
18    Subject to the availability of funding through
19appropriations made specifically for the purposes of this Act,
20the State Board shall establish or contract for the
21establishment of a technical support and training system to
22assist school districts, schools, and early learning programs
23with data submission, use, and analysis.
24    (b) The Community College Board is authorized to collect
25and maintain data from community college districts and

 

 

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

 

 

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1the Higher Education Student Assistance Act, and disclose this
2data to the longitudinal data system for the purposes set
3forth in this Act. Prior to July 1, 2012, any non-public
4institution of higher learning may elect to participate in the
5longitudinal data system by disclosing data for one or more of
6the purposes set forth in this Act to the Board of Higher
7Education or to a consortium that has contracted with the
8Board of Higher Education pursuant to this subsection (c).
9    The Board of Higher Education may contract with one or
10more voluntary consortiums of non-public institutions of
11higher learning established for the purpose of data sharing,
12research, and analysis. The contract may allow the consortium
13to collect data from participating institutions on behalf of
14the Board of Higher Education. The contract may provide for
15consultation with a representative committee of participating
16institutions and a representative of one or more organizations
17representing the participating institutions prior to the use
18of data from the consortium for a data sharing arrangement
19entered into with any party other than a State Education
20Authority pursuant to Section 25 of this Act. The contract may
21further provide that individual institutions of higher
22learning shall have the right to opt out of specific uses of
23their data or portions thereof for reasons specified in the
24contract. Student-level data submitted by each institution of
25higher learning participating in a consortium that has
26contracted with the Board of Higher Education pursuant to this

 

 

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1paragraph shall remain the property of that institution. Upon
2notice to the consortium and the Board of Higher Education,
3any non-public institution of higher learning shall have the
4right to remove its data from the consortium if the
5institution has reasonable cause to believe that there is a
6threat to the security of its data or its data is used in a
7manner that violates the terms of the contract between the
8consortium and the Board of Higher Education. In the event
9data is removed from a consortium pursuant to the preceding
10sentence, the data must be returned by the institution to the
11consortium after the basis for removal has been corrected. The
12data submitted from the consortium to the Board of Higher
13Education must be used only for agreed-upon purposes, as
14stated in the terms of the contract between the consortium and
15the Board of Higher Education. Non-public institutions of
16higher learning submitting student-level data to a consortium
17that has contracted with the Board of Higher Education
18pursuant to this paragraph shall not be required to submit
19student-level data to the Board of Higher Education.
20    Subject to the availability of funding through
21appropriations made specifically for the purposes of this Act,
22the Board of Higher Education shall establish or contract for
23the establishment of a technical support and training system
24to assist institutions of higher learning, other than
25community colleges, with data submission, use, and analysis.
26The Board of Higher Education shall seek and may make

 

 

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1available grant funding to a consortium including non-public
2institutions of higher learning to provide assistance in the
3development of a data collection system. The Board of Higher
4Education shall engage in a cooperative planning process with
5public and non-public institutions of higher learning and
6statewide higher education associations in connection with all
7of the activities authorized by this subsection (c).
8    (d) The State Education Authorities shall establish
9procedures and requirements relating to the submission of data
10authorized to be collected pursuant to this Section, including
11requirements for data specifications, quality, security, and
12timeliness. All early learning programs, schools, school
13districts, and institutions of higher learning subject to the
14data collection authority of a State Education Authority
15pursuant to this Section shall comply with the State Education
16Authority's procedures and requirements for data submissions.
17A State Education Authority may require that staff responsible
18for collecting, validating, and submitting data participate in
19training and technical assistance offered by this State if
20data is not submitted in accordance with applicable procedures
21and requirements.
22(Source: P.A. 96-107, eff. 7-30-09; 96-1249, eff. 7-23-10.)
 
23    Section 10. The Private Business and Vocational Schools
24Act of 2012 is amended by changing Sections 20, 30, 35, 37, 50,
2555, 70, and 75 as follows:
 

 

 

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1    (105 ILCS 426/20)
2    Sec. 20. Permit of approval. No person or group of persons
3subject to this Act may establish and operate or be permitted
4to become incorporated for the purpose of (1) operating a
5private business and vocational school or (2) creating or
6developing a course of instruction, non-degree program of
7study, or program of study curriculum in order to sell such
8courses of instruction or curriculum to a private business and
9vocational school, without obtaining from the Board a permit
10of approval, provided that a permit of approval is not
11required for a program that is devoted entirely to religion or
12theology or a program offered by an institution operating
13under the authority of the Private College Act, the Academic
14Degree Act, or the Board of Higher Education Act. Application
15for a permit must be made to the Board upon forms furnished by
16it. The Board may not approve any application for a permit of
17approval that has been plagiarized, in part or in whole.
18Additionally, the Board may not approve any application for a
19permit of approval that has not been completed in its
20entirety. Permits of approval are not transferable. Whenever a
21change of ownership of a school occurs, an application for a
22permit of approval for the school under the changed ownership
23must immediately be filed with the Board. Whenever an owner,
24partnership, or corporation operates a school at different
25locations, an application for a permit of approval must be

 

 

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1filed for each location. A school must have approval prior to
2operating at a location and must make application to the Board
3for any change of location and for a classroom extension at a
4new or changed location. Each application required to be filed
5in accordance with the provisions of this Section must be
6accompanied by the required fee under the provisions of
7Sections 75 and 85 of this Act, and all such applications must
8be made on forms prepared and furnished by the Board. The
9permit of approval must be prominently displayed at some place
10on the premises of the school at each school location open to
11the inspection of all interested persons. The Board shall
12maintain, open to public inspection, a list of schools, their
13classroom extensions, and their courses of instruction
14approved under this Act and may annually publish such a list.
15Issuance of the permit of approval by the Board does not denote
16that the school or any program offered by the school is
17recommended, guaranteed, or endorsed by the Board or that the
18Board is responsible for the quality of the school or its
19programs, and no school may communicate this to be the case. No
20guarantee of employability of school graduates is made by the
21Board in its approval of programs or schools, and no school may
22communicate such information.
23(Source: P.A. 97-650, eff. 2-1-12.)
 
24    (105 ILCS 426/30)
25    Sec. 30. Exemptions. For purposes of this Act, the

 

 

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1following shall not be considered to be a private business and
2vocational school:
3        (1) Any institution devoted entirely to the teaching
4    of religion or theology.
5        (2) Any in-service program of study and subject
6    offered by an employer, provided that no tuition is
7    charged and the instruction is offered only to employees
8    of the employer.
9        (3) Any educational institution that (A) enrolls a
10    majority of its students in degree programs and has
11    maintained an accredited status with a regional
12    accrediting agency that is recognized by the U.S.
13    Department of Education or (B) enrolls students in one or
14    more bachelor-level programs, enrolls a majority of its
15    students in degree programs, and is accredited by a
16    national or regional accrediting agency that is recognized
17    by the U.S. Department of Education or that (i) is
18    regulated by the Board under the Private College Act or
19    the Academic Degree Act or is exempt from such regulation
20    under either the Private College Act or the Academic
21    Degree Act solely for the reason that the educational
22    institution was in operation on the effective date of
23    either the Private College Act or the Academic Degree Act
24    or (ii) is regulated by the State Board of Education.
25        (4) Any institution and the franchisees of that
26    institution that exclusively offer a program of study in

 

 

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1    income tax theory or return preparation at a total
2    contract price of no more than $400, provided that the
3    total annual enrollment of the institution for all such
4    courses of instruction exceeds 500 students and further
5    provided that the total contract price for all instruction
6    offered to a student in any one calendar year does not
7    exceed $3,000.
8        (5) Any person or organization selling mediated
9    instruction products through a media, such as tapes,
10    compact discs, digital video discs, or similar media, so
11    long as the instruction is not intended to result in the
12    acquisition of training for a specific employment field,
13    is not intended to meet a qualification for licensure or
14    certification in an employment field, or is not intended
15    to provide credit that can be applied toward a certificate
16    or degree program.
17        (6) Schools with no physical presence in this State.
18    Schools offering instruction or programs of study, but
19    that have no physical presence in this State, are not
20    required to receive Board approval. Such an institution
21    must not be considered not to have a physical presence in
22    this State unless it has received a written finding from
23    the Board that it has no a limited physical presence. In
24    determining whether an institution has no physical
25    presence, the Board shall require all of the following:
26            (A) Evidence of authorization to operate in at

 

 

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1        least one other state and that the school is in good
2        standing with that state's authorizing agency.
3            (B) Evidence that the school has a means of
4        receiving and addressing student complaints in
5        compliance with any federal or state requirements.
6            (C) Evidence that the institution is providing no
7        instruction in this State.
8            (D) Evidence that the institution is not providing
9        core academic support services, including, but not
10        limited to, admissions, evaluation, assessment,
11        registration, financial aid, academic scheduling, and
12        faculty hiring and support in this State.
13        (7) A school or program within a school that
14    exclusively provides yoga instruction, yoga teacher
15    training, or both.
16(Source: P.A. 99-705, eff. 1-1-17.)
 
17    (105 ILCS 426/35)
18    Sec. 35. Institution and program approval criteria. Each
19entity seeking a permit of approval is required to demonstrate
20that it satisfies institution-approval criteria and that each
21program of study offered meets the program-approval criteria
22in this Act and any applicable rules. The following standard
23criteria are intended to measure the appropriateness of the
24stated educational objectives of the educational programs of a
25given institution and the extent to which suitable and proper

 

 

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1processes have been developed for meeting those objectives.
2Information related to the satisfaction of the approval
3criteria outlined in this Section must be supplied to the
4Board by institutions on forms provided by the Board.
5Additional information may be requested by the Board to
6determine the institution's ability to satisfy the criteria.
7The following must be considered as part of, but not
8necessarily all of, the criteria for approval of institutions
9and the programs offered under this Act:
10        (1) Qualifications of governing board members, owners,
11    and senior administrators. At a minimum, these individuals
12    must be of good moral character and have no felony
13    criminal record.
14        (2) Qualifications of faculty and staff.
15        (3) Demonstration of student learning and quality of
16    program delivery.
17        (4) Sufficiency of institutional finances. The
18    institution must demonstrate that it has the financial
19    resources sufficient to meet its financial obligations,
20    including, but not limited to, refunding tuition pursuant
21    to the institution's stated policies. The school must
22    tender financial records, including, but not limited to,
23    financial statements, income statements, and cash flow
24    statements.
25        (5) Accuracy, clarity, and appropriateness of program
26    descriptions. Institutional promotional, advertising, and

 

 

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1    recruiting materials must be clear, appropriate, and
2    accurate.
3        (6) Sufficiency of facilities and equipment. At a
4    minimum, these must be appropriate and must meet
5    applicable safety code requirements and ordinances.
6        (7) Fair and equitable refund policies. At a minimum,
7    these must be fair and equitable, must satisfy any related
8    State or federal rules, and must abide by the standards
9    established in Section 60 of this Act and the rules
10    adopted for the implementation of this Act.
11        (8) Appropriate and ethical admissions and recruitment
12    practices. At a minimum, recruiting practices must be
13    ethical and abide by any State or federal rules.
14        (9) Recognized accreditation status. Accreditation
15    with an accrediting body approved by the U.S. Department
16    of Education may be counted as significant evidence of the
17    institution's ability to meet curricular approval
18    criteria.
19        (10) Meeting employment requirements in the field of
20    study. The institution must clearly demonstrate how a
21    student's completion of the program of study satisfies
22    employment requirements in the occupational field. Such
23    information must be clearly and accurately provided to
24    students. If licensure, certification, or their equivalent
25    is required of program graduates to enter the field of
26    employment, the institution must clearly demonstrate that

 

 

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1    completion of the program will allow students to achieve
2    this status.
3        (11) Enrollment agreements that, at a minimum, meet
4    the requirements outlined in Section 40 of this Act.
5        (12) Clearly communicated tuition and fee charges.
6    Tuition and fees and any other expense charged by the
7    school must be appropriate to the expected income that
8    will be earned by graduates. No school may have a tuition
9    policy or enrollment agreement that requires that a
10    student register for more than a single semester, quarter,
11    term, or other such period of enrollment as a condition of
12    the enrollment nor shall any school charge a student for
13    multiple periods of enrollment prior to completion of the
14    single semester, quarter, term, or other such period of
15    enrollment.
16        (13) Legal action against the institution, its parent
17    company, its owners, its governing board, or its board
18    members. Any such legal action must be provided to the
19    Board and may be considered as a reason for denial or
20    revocation of the permit of approval.
21(Source: P.A. 97-650, eff. 2-1-12.)
 
22    (105 ILCS 426/37)
23    Sec. 37. Disclosures. All schools shall make, at a
24minimum, the disclosures required under this Section clearly
25and conspicuously on their Internet websites. The disclosure

 

 

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1shall consist of a statement containing the following
2information for the most recent 12-month reporting period of
3July 1 through June 30:
4        (1) The number of students who were admitted in the
5    course of instruction as of July 1 of that reporting
6    period.
7        (2) Additions during the year due to:
8            (A) new starts;
9            (B) re-enrollments; and
10            (C) transfers into the course of instruction from
11        other courses of instruction at the school.
12        (3) The total number of students admitted during the
13    reporting period (the number of students reported under
14    paragraph (1) of this Section plus the additions reported
15    under subparagraphs (A), (B), and (C) of paragraph (2) of
16    this Section.
17        (4) Of the total course of instruction enrollment, the
18    number of students who:
19            (A) transferred out of the course of instruction
20        to another course of instruction;
21            (B) completed or graduated from a course of
22        instruction;
23            (C) withdrew from the school;
24            (D) are still enrolled.
25        (5) The number of students listed in paragraph (4) of
26    this Section who:

 

 

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1            (A) were placed in their field of study;
2            (B) were placed in a related field;
3            (C) placed out of the field;
4            (D) were not available for placement due to
5        personal reasons;
6            (E) were not employed.
7        (6) The number of students who took a State licensing
8    examination or professional certification examination, if
9    any, during the reporting period, as well as the number
10    who passed.
11        (7) The number of graduates who obtained employment in
12    the field who did not use the school's placement
13    assistance during the reporting period; such information
14    may be compiled by reasonable efforts of the school to
15    contact graduates by written correspondence.
16        (8) The average starting salary for all school
17    graduates employed during the reporting period; such
18    information may be compiled by reasonable efforts of the
19    school to contact graduates by written correspondence.
20        (9) The following clear and conspicuous caption, set
21    forth with the address and telephone number of the Board's
22    office:
23            "COMPLAINTS AGAINST THIS SCHOOL MAY BE REGISTERED
24        WITH THE BOARD OF HIGHER EDUCATION.".
25        (10) If the United States Department of Education
26    places the school on either the Heightened Cash Monitoring

 

 

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1    2 payment method or the reimbursement payment method, as
2    authorized under 34 CFR 668.162, a clear and conspicuous
3    disclosure that the United States Department of Education
4    has heightened monitoring of the school's finances and the
5    reason for such monitoring. Such disclosure shall be made
6    within 14 days of the action of the United States
7    Department of Education both on the school's website and
8    to all students and prospective students on a form
9    prescribed by the Board.
10    An alphabetical list of names, addresses, and dates of
11admission by course or course of instruction and a sample copy
12of the enrollment agreement employed to enroll the students
13listed shall be filed with the Board's Executive Director on
14an annual basis. The list shall be signed and verified by the
15school's chief managing employee.
16(Source: P.A. 97-650, eff. 2-1-12.)
 
17    (105 ILCS 426/50)
18    Sec. 50. Requirements for approved institutions.
19    (a) Each school and each of the non-degree programs of
20study offered by the school shall be issued a permit of
21approval approved for one year. The permit shall be renewed
22annually and every fifth year pursuant to Section 75 of this
23Act 5 years, subject to the terms and conditions of approval,
24including without limitation the submission of required
25reporting and the payment of required charges and fees under

 

 

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1the provisions of Section 75 of this Act, and compliance with
2any other requirements in this Act or supporting rules.
3Failure to so comply at any time during the 5 years is grounds
4for immediate revocation of the permit of approval.
5Information requested by the Board must be submitted annually
6or, in special circumstances, at the request of the Board.
7Failure to do so is grounds for immediate revocation of the
8permit of approval. Each non-degree program of study must be
9approved by the Board as well. Regardless of when the program
10was approved, all programs of study must be approved again
11with the institutional approval every 5 years at the end of the
125-year approval period or in conjunction with an earlier
13review if so required under this Act or the administrative
14rules adopted in support of this Act. The Board's Executive
15Director has the authority to order any school subject to this
16Act to cease and desist operations if the school is found to
17have acted contrary to the standards set forth in this Act or
18the supporting administrative rules.
19    (b) Any school that is institutionally accredited by an
20accrediting agency that is recognized by the U.S. Department
21of Education or the Council for Higher Education Accreditation
22shall be issued a permit of approval valid for 5 years for each
23non-degree program of study offered by the school. The permit
24shall be subject to (i) the terms and conditions of approval,
25including, without limitation, the submission of required
26reporting, (ii) the payment of required charges and fees under

 

 

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1the provisions of Section 75 of this Act, and (iii) compliance
2with any other requirements under this Act or administrative
3rule. The failure of a school to comply at any time during the
45-year term of the permit of approval shall be grounds for the
5immediate revocation of the permit of approval. Information
6requested by the Board must be submitted annually or, in
7certain circumstances, at the request of the Board. The
8failure of the school to submit the requested information
9shall be grounds for the immediate revocation of the permit of
10approval. Each non-degree program of study must be approved by
11the Board. Regardless of the date a school received initial
12approval of a program of study, all programs of study must be
13reapproved for a permit of approval at the end of each 5-year
14approval period or in conjunction with an earlier review if
15otherwise required by this Act or administrative rule.
16    (c) The Board may order any school subject to this Act to
17cease and desist operations if the school is found to have
18acted contrary to the standards set forth in this Act or
19administrative rule.
20(Source: P.A. 97-650, eff. 2-1-12.)
 
21    (105 ILCS 426/55)
22    Sec. 55. Maintenance of approval. Institutions covered
23under this Act must meet the following requirements to receive
24and maintain approval:
25        (1) Provide a surety bond. A continuous surety company

 

 

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1    bond, written by a company authorized to do business in
2    this State, for the protection of contractual rights,
3    including faithful performance of all contracts and
4    agreements for students and their parents, guardians, or
5    sponsors. The Board shall establish the bond amount by
6    rule. The amount of the bond must be sufficient to provide
7    for the repayment of full tuition to all students enrolled
8    at the institution in the event of closure of the
9    institution. Evidence of the continuation of the bond must
10    be filed annually with the Board. The surety bond must be a
11    written agreement that provides for monetary compensation
12    in the event that the school fails to fulfill its
13    obligations to its students and their parents, guardians,
14    or sponsors. The surety bonding company shall guarantee
15    the return to students and their parents, guardians, or
16    sponsors of all prepaid, unearned tuition in the event of
17    school closure. A condition of the bond shall be that the
18    bond agent shall notify the Board in the event the bond is
19    no longer in effect.
20        (2) Provide to the Board and each student the school's
21    policy for addressing student complaints. Included in this
22    process, the school must provide in its promotional
23    materials and on its Internet website the Board's address
24    and Internet website for reporting complaints.
25        (3) Provide on the institution's Internet website and
26    in promotional materials and enrollment agreements the

 

 

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1    Internet website, address, and phone number of the Board
2    for students to report complaints.
3        (4) Provide evidence of liability insurance, in such
4    form and amount as the Board shall from time to time
5    prescribe pursuant to rules adopted under this Act, to
6    protect students and employees at the school's places of
7    business and at all classroom extensions, including any
8    work-experience locations.
9        (5) Provide data as requested by the Board to support
10    the satisfaction of the requirements of this Act or to
11    provide vocational and technical educational data for the
12    longitudinal data system created under the P-20
13    Longitudinal Education Data System Act.
14        (6) Pay required fees as described under the
15    provisions of Section 75 of this Act by prescribed
16    deadlines.
17        (7) With respect to advertising programs of study, all
18    of the following apply:
19            (A) A school may state that it is approved to offer
20        a program of study or authorized to award a
21        certificate in this State only after that approval has
22        been officially granted and received in writing from
23        the Board.
24            (B) A school shall not advertise or state in any
25        manner that it is accredited by the Board to award
26        degrees or certificates.

 

 

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1            (C) No school may publish or otherwise communicate
2        to prospective students, faculty, staff, or the public
3        misleading or erroneous information about the
4        certificate or degree-granting status of a given
5        institution.
6            (D) All advertisements or solicitations by
7        approved schools shall only reference the Board's
8        approval by stating that the school is approved by the
9        "Division of Private Business and Vocational Schools".
10            (E) All advertisements or solicitations by
11        approved schools shall contain the school's official
12        Internet website address.
13        (8) Permit the Board's Executive Director or his or
14    her designees to inspect the school or classes thereof
15    from time to time with or without notice and to make
16    available to the Board's Executive Director or his or her
17    designees, at any time when required to do so,
18    information, including financial information, pertaining
19    to the operation and to the activities of the school
20    required for the administration of this Act and the
21    standards and rules adopted under this Act.
22        (9) Maintain satisfactory student retention and
23    graduation rates and State licensing examination or
24    professional certification examination passage rates.
25    Student retention and graduation rates must be maintained
26    that are appropriate to standards in the field. A State

 

 

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1    licensing examination or professional certification
2    examination passage rate of at least 50% of the average
3    passage rate for schools within the industry for any State
4    licensing examination or professional certification
5    examination must be maintained. In the event that the
6    school fails to do so, then that school shall be placed on
7    probation for one year. If that school's passage rate in
8    its next reporting period does not exceed 50% of the
9    average passage rate of that class of school as a whole,
10    then the Board shall revoke the school's approval for that
11    program to operate in this State. In addition, this shall
12    be grounds for reviewing the institution's approval to
13    operate. The Board shall develop, by rule, a procedure to
14    ensure the veracity of the information required under this
15    Section.
16        (10) Not enter into an enrollment agreement wherein
17    the student waives the right to assert against the school
18    or any assignee any claim or defense he or she may have
19    against the school arising under the agreement. Any
20    provisions in an enrollment agreement wherein the student
21    agrees to such a waiver shall be rendered void.
22        (11) Not have a tuition policy or enrollment agreement
23    that requires that a student register for more than a
24    single semester, quarter, term, or other such period of
25    enrollment as a condition of the enrollment nor charge a
26    student for multiple periods of enrollment prior to

 

 

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1    completion of a single semester, quarter, term, or other
2    such period of enrollment.
3        (12) Provide the Board with a copy of any notice of
4    warning or suspension or revocation received from an
5    accrediting agency or State or federal oversight body
6    within 15 days after receipt of the notice. The school
7    shall, at the same time, inform the Board, in writing, on
8    actions being taken to correct all deficiencies cited.
9        (13) Maintain a fair and equitable refund policy and
10    abide by it. Such a policy shall abide by any State or
11    federal rules as appropriate. The same policy shall apply
12    to all students equally.
13        (14) Act in an ethical manner.
14(Source: P.A. 97-650, eff. 2-1-12.)
 
15    (105 ILCS 426/70)
16    Sec. 70. Closing of a school.
17    (a) In the event a school proposes to discontinue its
18operations, the chief administrative officer of the school
19shall cause to be filed with the Board the original or legible
20true copies of all such academic records of the institution as
21may be specified by the Board.
22    (b) These records shall include, at a minimum, the
23academic records of each former student that is traditionally
24provided on an academic transcript, such as, but not limited
25to, courses taken, terms, grades, and other such information.

 

 

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1    (c) In the event it appears to the Board that any such
2records of an institution discontinuing its operations is in
3danger of being lost, hidden, destroyed, or otherwise made
4unavailable to the Board, the Board may seize and take
5possession of the records, on its own motion and without order
6of court.
7    (d) The Board shall maintain or cause to be maintained a
8permanent file of such records coming into its possession.
9    (e) As an alternative to the deposit of such records with
10the Board, the institution may propose to the Board a plan for
11permanent retention of the records. The plan must be put into
12effect only with the approval of the Board.
13    (f) When a postsecondary educational institution now or
14hereafter operating in this State proposes to discontinue its
15operation, such institution shall cause to be created a
16teach-out plan acceptable to the Board, which shall fulfill
17the school's educational obligations to its students. Should
18the school fail to deliver or act on the teach-out plan, the
19Board is in no way responsible for providing the teach-out.
20    (g-5) The school shall release any institutional holds
21placed on any students record, regardless of the type of hold
22placed on the student record.
23    (g) The school and its designated surety bonding company
24are responsible for the return to students of all prepaid,
25unearned tuition. As identified in Section 55 of this Act, the
26surety bond must be a written agreement that provides for

 

 

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1monetary compensation in the event that the school fails to
2fulfill its obligations. The surety bonding company shall
3guarantee the return to the school's students and their
4parents, guardians, or sponsors of all prepaid, unearned
5tuition in the event of school closure. Should the school or
6its surety bonding company fail to deliver or act to fulfill
7the obligation, the Board is in no way responsible for the
8repayment or any related damages or claims.
9(Source: P.A. 97-650, eff. 2-1-12.)
 
10    (105 ILCS 426/75)
11    Sec. 75. Application and renewal fees. The Board may not
12approve any application for a permit of approval or program of
13study that has been plagiarized in part or whole and may return
14any such application for a permit of approval or program of
15study. Additionally, the Board may not approve any application
16for a permit of approval or program of study that has not been
17completed in its entirety. Fees for application and renewal
18may be set by the Board by rule. Fees shall be collected for
19all of the following:
20        (1) An original school application for a permit
21    certificate of approval.
22        (2) An initial school application for a permit
23    certificate of approval upon occurrence of a change of
24    ownership.
25        (3) An annual school application for renewal of a

 

 

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1    certificate of approval.
2        (4) A school application for a change of location.
3        (5) A school application for a classroom extension.
4        (6) If an applicant school that has not remedied all
5    deficiencies cited by the Board within 12 months after the
6    date of its original application for a permit certificate
7    of approval, an additional original application fee for
8    the continued cost of investigation of its application.
9        (7) Transcript processing.
10(Source: P.A. 97-650, eff. 2-1-12.)
 
11    Section 15. The Developmental Education Reform Act is
12amended by changing Section 100-30 as follows:
 
13    (110 ILCS 175/100-30)
14    Sec. 100-30. Institutional plans; report.
15    (a) On or before May 1, 2022, each university shall submit
16to the Board of Higher Education and each community college
17shall submit to the Illinois Community College Board its
18institutional plan for scaling evidence-based developmental
19education reforms to maximize the probability that a student
20will be placed in and successfully complete introductory
21college-level English language or mathematics coursework
22within 2 semesters at the institution. At a minimum, a plan
23submitted by an institution shall include all of the
24following:

 

 

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1        (1) A description of the current developmental
2    education models offered by the institution. If the
3    institution does not currently offer developmental
4    education coursework, it must provide details regarding
5    its decision not to offer developmental education
6    coursework and the pathways that are available to students
7    deemed to be insufficiently prepared for introductory
8    college-level English language or mathematics coursework.
9        (2) A description of the developmental education
10    models that will be implemented and scaled and the basis
11    of the evidence and associated data that the institution
12    considered in making the decision to scale each model.
13        (3) Baseline data and benchmarks for progress,
14    including, but not limited to, (i) enrollment in
15    credit-bearing English language or mathematics courses,
16    (ii) rates of successful completion of introductory
17    college-level English language or mathematics courses, and
18    (iii) college-credit accumulation.
19        (4) Detailed plans for scaling reforms and improving
20    outcomes for all students placed in traditional
21    developmental education models or models with comparable
22    introductory college-level course completion rates. The
23    plan shall provide details about the expected improvements
24    in educational outcomes for Black students as result of
25    the proposed reforms.
26    (b) On or before February 15 January 1, 2023 and every 2

 

 

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1years thereafter, the Board of Higher Education and Illinois
2Community College Board shall collect data and report to the
3General Assembly and the public the status of developmental
4education reforms at institutions. The report must include
5data on the progress of the developmental education reforms,
6including, but not limited to, (i) enrollment in
7credit-bearing English language or mathematics courses, (ii)
8rates of successful completion of introductory college-level
9English language or mathematics courses, and (iii)
10college-credit accumulation. The data should be disaggregated
11by gender, race and ethnicity, federal Pell Grant status, and
12other variables of interest to the Board of Higher Education
13and the Illinois Community College Board.
14    (c) On or before February 15 January 1, 2024 and every 2
15years thereafter, the Board of Higher Education and Illinois
16Community College Board, in consultation with institutions of
17higher education and other stakeholders, shall consider
18additional data reporting requirements to facilitate the
19rigorous and continuous evaluation of each institution's
20implementation plan and its impact on improving outcomes for
21students in developmental education, particularly for Black
22students.
23(Source: P.A. 101-654, eff. 3-8-21.)
 
24    Section 20. The Board of Higher Education Act is amended
25by changing Sections 1, 3, 6, 7, 8, 9.16, 11, and 16 as

 

 

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1follows:
 
2    (110 ILCS 205/1)  (from Ch. 144, par. 181)
3    Sec. 1. The following terms shall have the meanings
4respectively prescribed for them, except when the context
5otherwise requires:
6    "Public institutions of higher education": The University
7of Illinois; Southern Illinois University; Chicago State
8University; Eastern Illinois University; Governors State
9University; Illinois State University; Northeastern Illinois
10University; Northern Illinois University; Western Illinois
11University; the public community colleges of the State and any
12other public universities, colleges and community colleges now
13or hereafter established or authorized by the General
14Assembly.
15    "Board": The Board of Higher Education created by this
16Act.
17    "Private institution of higher education": Any institution
18of higher education that is subject to the Private College Act
19or the Academic Degree Act.
20(Source: P.A. 100-167, eff. 1-1-18.)
 
21    (110 ILCS 205/3)  (from Ch. 144, par. 183)
22    Sec. 3. Terms; vacancies.
23    (a) The members of the Board whose appointments are
24subject to confirmation by the Senate shall be selected for

 

 

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16-year terms expiring on January 31 of odd numbered years.
2    (b) The members of the Board shall continue to serve after
3the expiration of their terms until their successors have been
4appointed.
5    (c) Vacancies on the Board in offices appointed by the
6Governor shall be filled by appointment by the Governor for
7the unexpired term. If the appointment is subject to Senate
8confirmation and the Senate is not in session or is in recess
9when the appointment is made, the appointee shall serve
10subject to subsequent Senate approval of the appointment.
11    (d) Each student member shall serve a term of one year
12beginning on July 1 of each year and until a successor is
13appointed and qualified.
14    (e) The member of the Board representing public university
15governing boards and the member of the Board representing
16private college and university boards of trustees, who are
17appointed by the Governor but not subject to confirmation by
18the Senate, shall serve terms of one year beginning on July 1.
19(Source: P.A. 100-167, eff. 1-1-18.)
 
20    (110 ILCS 205/6)  (from Ch. 144, par. 186)
21    Sec. 6. The Board, in cooperation with the Illinois
22Community College Board, shall analyze the present and future
23aims, needs and requirements of higher education in the State
24of Illinois and prepare a strategic master plan for the
25development, expansion, integration, coordination and

 

 

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1efficient utilization of the facilities, curricula and
2standards of higher education for public institutions of
3higher education in the areas of teaching, research and public
4service. The strategic master plan shall also include higher
5education affordability and accessibility measures. The Board,
6in cooperation with the Illinois Community College Board,
7shall formulate the strategic master plan and prepare and
8submit to the General Assembly and the Governor drafts of
9proposed legislation to effectuate the plan. The Board, in
10cooperation with the Illinois Community College Board, shall
11engage in a continuing study, an analysis, and an evaluation
12of the strategic master plan so developed, and it shall be its
13responsibility to recommend, from time to time as it
14determines, amendments and modifications of any strategic
15master plan enacted by the General Assembly.
16(Source: P.A. 99-655, eff. 7-28-16.)
 
17    (110 ILCS 205/7)  (from Ch. 144, par. 187)
18    Sec. 7. The Board of Trustees of the University of
19Illinois, the Board of Trustees of Southern Illinois
20University, the Board of Trustees of Chicago State University,
21the Board of Trustees of Eastern Illinois University, the
22Board of Trustees of Governors State University, the Board of
23Trustees of Illinois State University, the Board of Trustees
24of Northeastern Illinois University, the Board of Trustees of
25Northern Illinois University, the Board of Trustees of Western

 

 

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1Illinois University, the Illinois Community College Board and
2the campuses under their governance or supervision shall not
3hereafter undertake the establishment of any new unit of
4instruction, research, or public service without the approval
5of the Board. The term "new unit of instruction, research, or
6public service" includes the establishment of a college,
7school, division, institute, department, or other unit in any
8field of instruction, research, or public service not
9theretofore included in the program of the institution, and
10includes the establishment of any new branch or campus. The
11term does not include reasonable and moderate extensions of
12existing curricula, research, or public service programs which
13have a direct relationship to existing programs; and the Board
14may, under its rulemaking power, define the character of such
15reasonable and moderate extensions.
16    Such governing boards shall submit to the Board all
17proposals for a new unit of instruction, research, or public
18service. The Board may approve or disapprove the proposal in
19whole or in part or approve modifications thereof whenever in
20its judgment such action is consistent with the objectives of
21an existing or proposed strategic master plan of higher
22education.
23    The Board of Higher Education is authorized to review
24periodically all existing programs of instruction, research,
25and public service at the State universities and colleges and
26to advise the appropriate board of control if the contribution

 

 

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1of each program is not educationally and economically
2justified. Each State university shall report annually to the
3Board on programs of instruction, research, or public service
4that have been terminated, dissolved, reduced, or consolidated
5by the university. Each State university shall also report to
6the Board all programs of instruction, research, and public
7service that exhibit a trend of low performance in
8enrollments, degree completions, and high expense per degree.
9The Board shall compile an annual report that shall contain
10information on new programs created, existing programs that
11have been closed or consolidated, and programs that exhibit
12low performance or productivity. The report must be submitted
13to the General Assembly. The Board shall have the authority to
14define relevant terms and timelines by rule with respect to
15this reporting.
16(Source: P.A. 101-81, eff. 7-12-19.)
 
17    (110 ILCS 205/8)  (from Ch. 144, par. 188)
18    Sec. 8. The Board of Trustees of the University of
19Illinois, the Board of Trustees of Southern Illinois
20University, the Board of Trustees of Chicago State University,
21the Board of Trustees of Eastern Illinois University, the
22Board of Trustees of Governors State University, the Board of
23Trustees of Illinois State University, the Board of Trustees
24of Northeastern Illinois University, the Board of Trustees of
25Northern Illinois University, the Board of Trustees of Western

 

 

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1Illinois University, and the Illinois Community College Board
2shall submit to the Board not later than the 15th day of
3November of each year its budget proposals for the operation
4and capital needs of the institutions under its governance or
5supervision for the ensuing fiscal year. Each budget proposal
6shall conform to the procedures developed by the Board in the
7design of an information system for State universities and
8colleges.
9    In order to maintain a cohesive system of higher
10education, the Board and its staff shall communicate on a
11regular basis with all public university presidents. They
12shall meet at least semiannually to achieve economies of scale
13where possible and provide the most innovative and efficient
14programs and services.
15    The Board, in the analysis of formulating the annual
16budget request, shall consider rates of tuition and fees and
17undergraduate tuition and fee waiver programs at the State
18universities and colleges. The Board shall also consider the
19current and projected utilization of the total physical plant
20of each campus of a university or college in approving the
21capital budget for any new building or facility.
22    The Board of Higher Education shall submit to the
23Governor, to the General Assembly, and to the appropriate
24budget agencies of the Governor and General Assembly its
25analysis and recommendations on such budget proposals.
26    The Board is directed to form a broad-based group of

 

 

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1individuals representing the Office of the Governor, the
2General Assembly, public institutions of higher education,
3State agencies, business and industry, statewide organizations
4representing faculty and staff, and others as the Board shall
5deem appropriate to devise a system for allocating State
6resources to public institutions of higher education based
7upon performance in achieving State goals related to student
8success and certificate and degree completion.
9    Beginning in Fiscal Year 2013, the Board of Higher
10Education budget recommendations to the Governor and the
11General Assembly shall include allocations to public
12institutions of higher education based upon performance
13metrics designed to promote and measure student success in
14degree and certificate completion. Public university metrics
15must be adopted by the Board by rule, and public community
16college metrics must be adopted by the Illinois Community
17College Board by rule. These metrics must be developed and
18promulgated in accordance with the following principles:
19        (1) The metrics must be developed in consultation with
20    public institutions of higher education, as well as other
21    State educational agencies and other higher education
22    organizations, associations, interests, and stakeholders
23    as deemed appropriate by the Board.
24        (2) The metrics shall include provisions for
25    recognizing the demands on and rewarding the performance
26    of institutions in advancing the success of students who

 

 

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1    are academically or financially at risk, including
2    first-generation students, low-income students, and
3    students traditionally underrepresented in higher
4    education, as specified in Section 9.16 of this Act.
5        (3) The metrics shall recognize and account for the
6    differentiated missions of institutions and sectors of
7    higher education.
8        (4) The metrics shall focus on the fundamental goal of
9    increasing completion of college courses, certificates,
10    and degrees. Performance metrics shall recognize the
11    unique and broad mission of public community colleges
12    through consideration of additional factors including, but
13    not limited to, enrollment, progress through key academic
14    milestones, transfer to a baccalaureate institution, and
15    degree completion.
16        (5) The metrics must be designed to maintain the
17    quality of degrees, certificates, courses, and programs.
18In devising performance metrics, the Board may be guided by
19the report of the Higher Education Finance Study Commission.
20    Each State university must submit its plan for capital
21improvements of non-instructional facilities to the Board for
22approval before final commitments are made if the total cost
23of the project as approved by the institution's board of
24control is in excess of $2 million. Non-instructional uses
25shall include but not be limited to dormitories, union
26buildings, field houses, stadium, other recreational

 

 

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1facilities and parking lots. The Board shall determine whether
2or not any project submitted for approval is consistent with
3the strategic master plan for higher education and with
4instructional buildings that are provided for therein. If the
5project is found by a majority of the Board not to be
6consistent, such capital improvement shall not be constructed.
7(Source: P.A. 99-655, eff. 7-28-16.)
 
8    (110 ILCS 205/9.16)  (from Ch. 144, par. 189.16)
9    Sec. 9.16. Underrepresentation of certain groups in higher
10education. To require public institutions of higher education
11to develop and implement an equity plan and practices that
12include methods and strategies to increase the access,
13retention, completion, and student loan repayment rates
14participation of minorities, rural students, adult students,
15women, and individuals with disabilities who are traditionally
16underrepresented in education programs and activities. To
17encourage private institutions of higher education to develop
18and implement an equity plan and practices. For the purpose of
19this Section, minorities shall mean persons who are citizens
20of the United States or lawful permanent resident aliens of
21the United States and who are any of the following:
22        (1) American Indian or Alaska Native (a person having
23    origins in any of the original peoples of North and South
24    America, including Central America, and who maintains
25    tribal affiliation or community attachment).

 

 

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1        (2) Asian (a person having origins in any of the
2    original peoples of the Far East, Southeast Asia, or the
3    Indian subcontinent, including, but not limited to,
4    Cambodia, China, India, Japan, Korea, Malaysia, Pakistan,
5    the Philippine Islands, Thailand, and Vietnam).
6        (3) Black or African American (a person having origins
7    in any of the black racial groups of Africa).
8        (4) Hispanic or Latino (a person of Cuban, Mexican,
9    Puerto Rican, South or Central American, or other Spanish
10    culture or origin, regardless of race).
11        (5) Native Hawaiian or Other Pacific Islander (a
12    person having origins in any of the original peoples of
13    Hawaii, Guam, Samoa, or other Pacific Islands).
14    The Board shall adopt any rules necessary to administer
15this Section. The Board, in collaboration with the Illinois
16Community College Board, shall also do the following:
17    (a) require all public institutions of higher education to
18develop and submit an equity plan and implement practices
19that, at a minimum, close gaps in enrollment, retention,
20completion, and student loan repayment rates for
21underrepresented groups and encourage all private institutions
22of higher education to develop and submit such equity plans
23and implement such practices plans for the implementation of
24this Section;
25    (b) conduct periodic review of public institutions of
26higher education and private institutions of higher education

 

 

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

 

 

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1institutions of higher education and private institutions of
2higher education to determine their compliance with any
3guidelines and plans so established, the determination of the
4effectiveness and funding requirements of minority student
5services, programs, and supports at public institutions of
6higher education and private institutions of higher education,
7the dissemination of successful programs as models, and the
8encouragement of cooperative partnerships between community
9colleges, and local school attendance centers, and 4-year
10colleges and universities to support enrollment of which are
11experiencing difficulties in enrolling minority students in
12four-year colleges and universities;
13    (f) mandate all public institutions of higher education
14and encourage all private institutions of higher education to
15submit data and information essential to determine compliance
16with this Section. The Board shall prescribe the format and
17the date for submission of this data and any other education
18equity data; and
19    (g) report to the General Assembly and the Governor
20annually with a description of the plans submitted by each
21public institution of higher education and each private
22institution of higher education for implementation of this
23Section, including financial data relating to the most recent
24fiscal year expenditures for specific minority programs, the
25effectiveness of such plans and programs and the effectiveness
26of the methods and strategies developed by the Board in

 

 

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1meeting the purposes of this Section, the degree of compliance
2with this Section by each public institution of higher
3education and each private institution of higher education as
4determined by the Board pursuant to its periodic review
5responsibilities, and the findings made by the Board in
6conducting its studies and monitoring student outcomes and
7institutional success as required by paragraph (d) d) of this
8Section. With respect to each public institution of higher
9education and each private institution of higher education,
10such report also shall include, but need not be limited to,
11information with respect to each institution's minority
12program budget allocations; minority student admission,
13retention and graduation and student loan repayment rate
14statistics; admission, retention, and graduation, and student
15loan repayment rate statistics of all students who are the
16first in their immediate family to attend an institution of
17higher education; number of financial assistance awards, not
18including student loans, to undergraduate and graduate
19minority students; and minority faculty representation. This
20paragraph shall not be construed to prohibit the Board from
21making, preparing or issuing additional surveys or studies
22with respect to minority education in Illinois.
23(Source: P.A. 102-465, eff. 1-1-22.)
 
24    (110 ILCS 205/11)  (from Ch. 144, par. 191)
25    Sec. 11. In the formulation of a strategic master plan of

 

 

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1higher education and in the discharge of its duties under this
2Act, the Board shall give consideration to the problems and
3attitudes of private junior colleges, private colleges and
4universities, and of other educational groups,
5instrumentalities and institutions, and to specialized areas
6of education, as they relate to the overall policies and
7problems of higher education.
8(Source: P.A. 82-622.)
 
9    (110 ILCS 205/16)
10    Sec. 16. Record retention requirements when Closing an
11institution of higher education closes; student records;
12institutional transfer agreements.
13    (a) In this Section:
14    "Academic records" means the academic records of each
15former student of an institution of higher education that is
16traditionally provided on an academic transcript, including,
17but not limited to, courses taken, terms, grades, and any
18other similar information.
19    "Institution of higher education" means any publicly or
20privately operated university, college, junior college,
21business, technical or vocational school, or other educational
22institution offering degrees and instruction beyond the
23secondary school level. "Institution of higher education" does
24not include a public community college.
25    "Institutional transfer agreement" means an articulation

 

 

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1agreement or transfer agreement between 2 or more institutions
2of higher education wherein one institution agrees to accept
3the transfer of earned student credits from a former student
4of an institution that has discontinued operations.
5    (b) In the event an institution of higher education
6proposes to discontinue its operations, the chief
7administrative officer of the institution shall submit a plan
8to the Board for permanent retention of all academic records,
9including student records and academic records of the
10institution. The plan must be approved by the Executive
11Director of the Board before it is executed. In addition, the
12plan shall include the release of any institutional holds
13placed on any student record, regardless of the type of hold
14placed on a student record.
15    (c) If it appears to the Board that the academic records,
16including student records and academic records, of an
17institution of higher education kept pursuant to an approved
18plan under subsection (b) of this Section may become lost,
19hidden, destroyed, or otherwise made unavailable to the Board,
20the Board may seize and take possession of the records, on its
21own motion and without order of a court.
22(Source: P.A. 100-1008, eff. 8-21-18.)
 
23    Section 25. The Higher Education Cooperation Act is
24amended by changing Sections 4 and 5 as follows:
 

 

 

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1    (110 ILCS 220/4)  (from Ch. 144, par. 284)
2    Sec. 4. A program of financial assistance to programs of
3interinstitutional cooperation, in higher education is
4established to implement the policy of encouraging such
5cooperation in order to achieve an efficient use of
6educational resources, an equitable distribution of
7educational services, the development of innovative concepts
8and applications, and other public purposes.
9    The Board of Higher Education shall administer this
10program of financial assistance and shall distribute the funds
11appropriated by the General Assembly for this purpose in the
12form of grants to not-for-profit corporations organized to
13administer programs of interinstitutional cooperation in
14higher education or to public or nonpublic institutions of
15higher education participating in such programs.
16    In awarding grants to interinstitutional programs under
17this Act, the Board shall consider in relation to each such
18program whether it serves the public purposes expressed in
19this Act, whether the local community is substantially
20involved, whether its function could be performed better by a
21single existing institution, whether the program is consistent
22with the Illinois strategic master plan for higher education,
23and such other criteria as it determines to be appropriate.
24    No grant may be awarded under this Section for any program
25of sectarian instruction or for any program designed to serve
26a sectarian purpose.

 

 

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1    As a part of its administration of this Act the Board may
2require audits or reports in relation to the administrative,
3fiscal and academic aspects of any interinstitutional program
4for which a grant is awarded under this Act. The Board shall
5annually submit to the Governor and the General Assembly a
6budgetary recommendation for grants under this Act.
7(Source: P.A. 85-244.)
 
8    (110 ILCS 220/5)  (from Ch. 144, par. 285)
9    Sec. 5. Any not-for-profit corporation organized to
10administer an interinstitutional program of higher education
11may be recognized under this Section if it has been in
12existence for 3 years or longer, it is structured for
13continuing operation, it is substantial in scope, it is
14oriented to and supported by the community in which it is
15located and it is consistent with the Illinois strategic
16master plan for higher education.
17    In each request of the Board of Higher Education to the
18General Assembly for the appropriation of funds for the
19purpose of making grants under this Act the Board shall
20specify the amount of the grant proposed for each
21not-for-profit corporation recognized under this Section.
22    The following not-for-profit corporations are recognized
23for the purposes of this Section:
24    The Quad Cities Graduate Study Center.
25(Source: P.A. 77-2813.)
 

 

 

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1    Section 30. The Private College Act is amended by changing
2Sections 3, 4, and 5 and by adding Section 4.5 as follows:
 
3    (110 ILCS 1005/3)  (from Ch. 144, par. 123)
4    Sec. 3. (a) Applications submitted to the Board for a
5certificate of approval to operate a post-secondary
6educational institution shall contain a statement of the
7following:
8    1. the proposed name of the institution and its proposed
9location;
10    2. the nature, extent and purposes of the courses of study
11to be given;
12    3. the fees to be charged and the conditions under which
13the fees are to be paid;
14    4. the education and experience of the members of the
15teaching staff;
16    5. the degrees to be issued to students upon completion of
17courses of instruction.
18    (b) The Board may not approve any application for a
19certificate of approval that has been plagiarized, in part or
20in whole. Additionally, the Board may not approve any
21application that has not been completed in its entirety and
22such application shall be returned to the post-secondary
23educational institution.
24(Source: P.A. 80-1309.)
 

 

 

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1    (110 ILCS 1005/4)  (from Ch. 144, par. 124)
2    Sec. 4. Upon the filing of an application for a
3certificate of approval the Board shall make an examination to
4ascertain:
5    1. That each course of instruction to be offered or given
6is adequate, suitable, and proper;
7    2. That the fee to be charged for the courses of
8instruction, and the conditions and terms under which such
9fees are to be paid are reasonable;
10    3. That an adequate physical plant and adequate facilities
11are provided;
12    4. That the members of the teaching staff are adequately
13prepared to fulfill their instructional obligations;
14    5. That the institution does not promise or agree to any
15right or privilege in respect to professional examinations or
16to the practice of any profession in violation of the laws of
17this State;
18    6. That the institution does not offer inducements that
19are designed to deceive the prospective student or make any
20promises which it does not have the present means or ability to
21perform; .
22    7. That the proposed degree program is educationally and
23economically consistent with the educational priorities and
24needs of this State and meets a need that is not currently met
25by existing institutions and is supported by clear evidence of

 

 

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1need.
2    If the examination shows that the applicant has such
3qualifications a certificate of approval shall be issued.
4(Source: P.A. 80-1309.)
 
5    (110 ILCS 1005/4.5 new)
6    Sec. 4.5. Disclosure of heightened monitoring of finances.
7Any institution with a certificate of approval under this Act
8is required to make the following disclosures:
9        (1) If the United States Department of Education
10    places the institution on either the Heightened Cash
11    Monitoring 2 payment method or the reimbursement payment
12    method, as authorized under 34 CFR 668.162, a clear and
13    conspicuous disclosure that the United States Department
14    of Education has heightened monitoring of the
15    institution's finances and the reason for such monitoring.
16    Such disclosure shall be made within 14 days of the action
17    of the United States Department of Education both on the
18    institution's website and to all students and prospective
19    students on a form prescribed by the Board.
20        (2) Any other disclosure the Board requires by rule
21    adopted pursuant to this Act.
 
22    (110 ILCS 1005/5)  (from Ch. 144, par. 125)
23    Sec. 5. A certificate of approval of a post-secondary
24educational institution may be revoked for any of the

 

 

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1following:
2    1. Violation of any of the conditions governing the
3issuance of the certificate;
4    2. Failure to comply with any of the rules adopted by the
5Board;
6    3. Fraudulent conduct on the part of any person conducting
7the institution or of any person, acting within the scope of
8his employment, employed by the owners or persons conducting
9the institution, on account of which conduct any student
10enrolled in the institution has been injured or has suffered
11financial loss; .
12    4. Failure to allow any duly authorized employee, or other
13representative of the Board, to enter upon the premises of any
14post-secondary educational institution or have access through
15electronic means to inspect or otherwise examine the same and
16any books, papers, or other records pertaining to the degree
17granting program of such institution, including, but not
18limited, to financial records such as balance sheets, income
19statements, and cash flow statements.
20(Source: P.A. 80-1309.)
 
21    Section 35. The Academic Degree Act is amended by changing
22Sections 4 and 6 and by adding Section 5.5 as follows:
 
23    (110 ILCS 1010/4)  (from Ch. 144, par. 234)
24    Sec. 4. Period before award.) (a) Unless a degree granting

 

 

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1institution was authorized to operate in Illinois, or was in
2operation, on August 14, 1961, it shall not award any earned
3degree until one year after it has filed a written notice with
4and until such institution has received the authorization and
5approval of the Board. Except as permitted under Section 5, no
6educational organization or entity shall be authorized to
7award any degree nor be approved as a degree granting
8institution unless it requires an appropriate period of
9instruction to be in residence. The notice shall be under oath
10or affirmation of the principal officer of the institution and
11shall contain: the name and address of the degree granting
12institution; the names and addresses of the president or other
13administrative head and of each member of the board of
14trustees or other governing board; a description of the degree
15or degrees to be awarded and the course or courses of study
16prerequisite thereto; and such additional information relevant
17to the purposes of this Act as the Board may prescribe. An
18amendment to the notice shall be under oath or affirmation of
19the principal officer of the institution and shall be filed
20with the Board prior to the award of any degree not contained
21in the original notice or prior amendments thereto. A degree
22authorized in an amendment shall not be awarded until one year
23after the filing of the amendment with and the authorization
24of the Board. The submission of the regular catalog of the
25institution shall, if it covers the matters hereinabove
26mentioned, be deemed to constitute compliance herewith.

 

 

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1    (b) A degree granting institution shall keep the notice
2which it shall have filed with the Board current at all times.
3For this purpose, it shall report annually, by appropriate
4amendment of the notice, any change in any fact previously
5reported.
6    (c) The Board shall not approve any notice or amendment
7thereto filed pursuant to this Section unless it finds the
8facts stated therein to be correct and further finds that such
9facts constitute compliance with the requirements of this Act
10for degree granting institutions.
11    (d) The Board may not approve any notice, amendment, or
12application that has been plagiarized, in part or in whole,
13and may return any notice, amendment, or application.
14Additionally, the Board may not approve any notice, amendment,
15or application that has not been completed in its entirety.
16Any such uncompleted notice, amendment, or application shall
17be returned to the degree granting institution.
18    (e) The Board may not approve any proposed degree program
19unless it is educationally and economically consistent with
20the educational priorities and needs of this State and meets a
21need that is not currently met by existing institutions and is
22supported by clear evidence of need.
23(Source: P.A. 80-1309.)
 
24    (110 ILCS 1010/5.5 new)
25    Sec. 5.5. Disclosure of heightened monitoring of finances.

 

 

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1Any institution approved by the Board under this Act shall
2make the following disclosures:
3    (a) If the United States Department of Education places
4the institution on either the Heightened Cash Monitoring 2
5payment method or the reimbursement payment method, as
6authorized under 34 CFR 668.162, a clear and conspicuous
7disclosure that the United States Department of Education has
8heightened monitoring of the institution's finances and the
9reason for such monitoring. Such disclosure shall be made
10within 14 days of the action of the United States Department of
11Education both on the institution's website and to all
12students and prospective students on a form prescribed by the
13Board.
14    (b) Any other disclosure the Board requires by rule
15adopted pursuant to this Act.
 
16    (110 ILCS 1010/6)  (from Ch. 144, par. 236)
17    Sec. 6. Right of inspection; Penalty for refusal or
18obstruction. Any duly authorized employee or other
19representative of the Board may enter upon the premises of any
20degree granting institution or may have access through
21electronic means to and inspect or otherwise examine the same
22and any books, papers or other records pertaining to the
23degree granting program of such institution including, but not
24limited to, financial records such as balance sheets, income
25statements, and cash flow statements. For failure to permit

 

 

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1such entry, inspection or examination or for obstruction
2thereof, the Board may invalidate any notice filed with it by
3the degree granting institution and revoke any authorization
4made pursuant to Section 4 of this Act and may refuse to accept
5another notice from or on behalf of such institution or any
6person connected with the administration thereof until such
7refusal or obstruction has been withdrawn. Any action taken
8pursuant to this Section shall be in addition to any other
9penalty which may be imposed for violation of this Act.
10(Source: P.A. 80-1309.)
 
11    Section 99. Effective date. This Act takes effect upon
12becoming law.".