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1		AN ACT concerning education.
2		Be it enacted by the People of the State of Illinois,
3		represented in the General Assembly:
4		Section 5. The P-20 Longitudinal Education Data System Act
5		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
9		College Board.
10		"Community colleges" has the meaning ascribed to that term
11		in Section 1-2 of the Public Community College Act.
12		"Early learning" means any publicly funded education and
13		care program supporting young children not yet enrolled in
14		kindergarten.
15		"Elementary" means kindergarten through eighth grade.
16		"Institution of higher learning" means a public or
17		non-public entity that meets one or more of the following: has
18		the meaning ascribed to that term in Section 10 of the Higher
19		Education 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
18		data system that links student records from early learning
19		through the postsecondary level, which may consist of separate
20		student unit record systems integrated through agreement and
21		data transfer mechanisms.
22		"Privacy protection laws" means the federal Family
23		Educational Rights and Privacy Act of 1974 (20 U.S.C. 1232g),
24		the Illinois School Student Records Act, the Personal
25		Information Protection Act, and any other State or federal law
26		relating to the confidentiality and protection of personally

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1		identifiable information.
2		"Research organization" means a governmental entity,
3		institution of higher learning, public policy or advocacy
4		organization, or other person or entity conducting educational
5		research that (i) is qualified to perform educational research
6		and protect the privacy of student data, (ii) is seeking to
7		perform research for a non-commercial purpose authorized by
8		privacy protection laws, and (iii) agrees to perform the
9		research pursuant to a written agreement meeting the
10		requirements of privacy protection laws and this Act.
11		"School" means any elementary or secondary educational
12		institution, charter school, vocational school, special
13		education facility, or any other elementary or secondary
14		educational agency or institution, but does not include a
15		non-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,
19		Community 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
24		data from school districts, schools, and early learning
25		programs and disclose this data to the longitudinal data

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

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

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1		Board of Higher Education pursuant to this subsection (c).
2		The Board of Higher Education may contract with one or
3		more voluntary consortiums of non-public institutions of
4		higher learning established for the purpose of data sharing,
5		research, and analysis. The contract may allow the consortium
6		to collect data from participating institutions on behalf of
7		the Board of Higher Education. The contract may provide for
8		consultation with a representative committee of participating
9		institutions and a representative of one or more organizations
10		representing the participating institutions prior to the use
11		of data from the consortium for a data sharing arrangement
12		entered into with any party other than a State Education
13		Authority pursuant to Section 25 of this Act. The contract may
14		further provide that individual institutions of higher
15		learning shall have the right to opt out of specific uses of
16		their data or portions thereof for reasons specified in the
17		contract. Student-level data submitted by each institution of
18		higher learning participating in a consortium that has
19		contracted with the Board of Higher Education pursuant to this
20		paragraph shall remain the property of that institution. Upon
21		notice to the consortium and the Board of Higher Education,
22		any non-public institution of higher learning shall have the
23		right to remove its data from the consortium if the
24		institution has reasonable cause to believe that there is a
25		threat to the security of its data or its data is used in a
26		manner that violates the terms of the contract between the

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1		consortium and the Board of Higher Education. In the event
2		data is removed from a consortium pursuant to the preceding
3		sentence, the data must be returned by the institution to the
4		consortium after the basis for removal has been corrected. The
5		data submitted from the consortium to the Board of Higher
6		Education must be used only for agreed-upon purposes, as
7		stated in the terms of the contract between the consortium and
8		the Board of Higher Education. Non-public institutions of
9		higher learning submitting student-level data to a consortium
10		that has contracted with the Board of Higher Education
11		pursuant to this paragraph shall not be required to submit
12		student-level data to the Board of Higher Education.
13		Subject to the availability of funding through
14		appropriations made specifically for the purposes of this Act,
15		the Board of Higher Education shall establish or contract for
16		the establishment of a technical support and training system
17		to assist institutions of higher learning, other than
18		community colleges, with data submission, use, and analysis.
19		The Board of Higher Education shall seek and may make
20		available grant funding to a consortium including non-public
21		institutions of higher learning to provide assistance in the
22		development of a data collection system. The Board of Higher
23		Education shall engage in a cooperative planning process with
24		public and non-public institutions of higher learning and
25		statewide higher education associations in connection with all
26		of the activities authorized by this subsection (c).

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1		(d) The State Education Authorities shall establish
2		procedures and requirements relating to the submission of data
3		authorized to be collected pursuant to this Section, including
4		requirements for data specifications, quality, security, and
5		timeliness. All early learning programs, schools, school
6		districts, and institutions of higher learning subject to the
7		data collection authority of a State Education Authority
8		pursuant to this Section shall comply with the State Education
9		Authority's procedures and requirements for data submissions.
10		A State Education Authority may require that staff responsible
11		for collecting, validating, and submitting data participate in
12		training and technical assistance offered by this State if
13		data is not submitted in accordance with applicable procedures
14		and 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
17		Act of 2012 is amended by changing Sections 20, 30, 35, 37, 50,
18		55, 70, and 75 as follows:
19		(105 ILCS 426/20)
20		Sec. 20. Permit of approval. No person or group of persons
21		subject to this Act may establish and operate or be permitted
22		to become incorporated for the purpose of (1) operating a
23		private business and vocational school or (2) creating or
24		developing a course of instruction, non-degree program of

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1		study, or program of study curriculum in order to sell such
2		courses of instruction or curriculum to a private business and
3		vocational school, without obtaining from the Board a permit
4		of approval, provided that a permit of approval is not
5		required for a program that is devoted entirely to religion or
6		theology or a program offered by an institution operating
7		under the authority of the Private College Act, the Academic
8		Degree Act, or the Board of Higher Education Act. Application
9		for a permit must be made to the Board upon forms furnished by
10		it. The Board may not approve any application for a permit of
11		approval that has been plagiarized, in part or in whole.
12		Additionally, the Board may not approve any application for a
13		permit of approval that has not been completed in its
14		entirety. Permits of approval are not transferable. Whenever a
15		change of ownership of a school occurs, an application for a
16		permit of approval for the school under the changed ownership
17		must immediately be filed with the Board. Whenever an owner,
18		partnership, or corporation operates a school at different
19		locations, an application for a permit of approval must be
20		filed for each location. A school must have approval prior to
21		operating at a location and must make application to the Board
22		for any change of location and for a classroom extension at a
23		new or changed location. Each application required to be filed
24		in accordance with the provisions of this Section must be
25		accompanied by the required fee under the provisions of
26		Sections 75 and 85 of this Act, and all such applications must

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1		be made on forms prepared and furnished by the Board. The
2		permit of approval must be prominently displayed at some place
3		on the premises of the school at each school location open to
4		the inspection of all interested persons. The Board shall
5		maintain, open to public inspection, a list of schools, their
6		classroom extensions, and their courses of instruction
7		approved under this Act and may annually publish such a list.
8		Issuance of the permit of approval by the Board does not denote
9		that the school or any program offered by the school is
10		recommended, guaranteed, or endorsed by the Board or that the
11		Board is responsible for the quality of the school or its
12		programs, and no school may communicate this to be the case. No
13		guarantee of employability of school graduates is made by the
14		Board in its approval of programs or schools, and no school may
15		communicate 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
19		following shall not be considered to be a private business and
20		vocational 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
12		entity seeking a permit of approval is required to demonstrate
13		that it satisfies institution-approval criteria and that each
14		program of study offered meets the program-approval criteria
15		in this Act and any applicable rules. The following standard
16		criteria are intended to measure the appropriateness of the
17		stated educational objectives of the educational programs of a
18		given institution and the extent to which suitable and proper
19		processes have been developed for meeting those objectives.
20		Information related to the satisfaction of the approval
21		criteria outlined in this Section must be supplied to the
22		Board by institutions on forms provided by the Board.
23		Additional information may be requested by the Board to
24		determine the institution's ability to satisfy the criteria.
25		The following must be considered as part of, but not

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1		necessarily all of, the criteria for approval of institutions
2		and 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
17		minimum, the disclosures required under this Section clearly
18		and conspicuously on their Internet websites. The disclosure
19		shall consist of a statement containing the following
20		information for the most recent 12-month reporting period of
21		July 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
4		admission by course or course of instruction and a sample copy
5		of the enrollment agreement employed to enroll the students
6		listed shall be filed with the Board's Executive Director on
7		an annual basis. The list shall be signed and verified by the
8		school'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
13		study offered by the school shall be issued a permit of
14		approval approved for one year. The permit shall be renewed
15		annually and every fifth year pursuant to Section 75 of this
16		Act 5 years, subject to the terms and conditions of approval,
17		including without limitation the submission of required
18		reporting and the payment of required charges and fees under
19		the provisions of Section 75 of this Act, and compliance with
20		any other requirements in this Act or supporting rules.
21		Failure to so comply at any time during the 5 years is grounds
22		for immediate revocation of the permit of approval.
23		Information requested by the Board must be submitted annually
24		or, in special circumstances, at the request of the Board.
25		Failure to do so is grounds for immediate revocation of the

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

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1		failure of the school to submit the requested information
2		shall be grounds for the immediate revocation of the permit of
3		approval. Each non-degree program of study must be approved by
4		the Board. Regardless of the date a school received initial
5		approval of a program of study, all programs of study must be
6		reapproved for a permit of approval at the end of each 5-year
7		approval period or in conjunction with an earlier review if
8		otherwise required by this Act or administrative rule.
9		(c) The Board may order any school subject to this Act to
10		cease and desist operations if the school is found to have
11		acted contrary to the standards set forth in this Act or
12		administrative rule.
13		(Source: P.A. 97-650, eff. 2-1-12.)
14		(105 ILCS 426/55)
15		Sec. 55. Maintenance of approval. Institutions covered
16		under this Act must meet the following requirements to receive
17		and 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
11		operations, the chief administrative officer of the school
12		shall cause to be filed with the Board the original or legible
13		true copies of all such academic records of the institution as
14		may be specified by the Board.
15		(b) These records shall include, at a minimum, the
16		academic records of each former student that is traditionally
17		provided on an academic transcript, such as, but not limited
18		to, courses taken, terms, grades, and other such information.
19		(c) In the event it appears to the Board that any such
20		records of an institution discontinuing its operations is in
21		danger of being lost, hidden, destroyed, or otherwise made
22		unavailable to the Board, the Board may seize and take
23		possession of the records, on its own motion and without order
24		of court.
25		(d) The Board shall maintain or cause to be maintained a

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1		permanent file of such records coming into its possession.
2		(e) As an alternative to the deposit of such records with
3		the Board, the institution may propose to the Board a plan for
4		permanent retention of the records. The plan must be put into
5		effect only with the approval of the Board.
6		(f) When a postsecondary educational institution now or
7		hereafter operating in this State proposes to discontinue its
8		operation, such institution shall cause to be created a
9		teach-out plan acceptable to the Board, which shall fulfill
10		the school's educational obligations to its students. Should
11		the school fail to deliver or act on the teach-out plan, the
12		Board is in no way responsible for providing the teach-out.
13		(f-5) The school shall release any institutional holds
14		placed on any students record, regardless of the type of hold
15		placed on the student record.
16		(g) The school and its designated surety bonding company
17		are responsible for the return to students of all prepaid,
18		unearned tuition. As identified in Section 55 of this Act, the
19		surety bond must be a written agreement that provides for
20		monetary compensation in the event that the school fails to
21		fulfill its obligations. The surety bonding company shall
22		guarantee the return to the school's students and their
23		parents, guardians, or sponsors of all prepaid, unearned
24		tuition in the event of school closure. Should the school or
25		its surety bonding company fail to deliver or act to fulfill
26		the obligation, the Board is in no way responsible for the

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1		repayment 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
5		approve any application for a permit of approval or program of
6		study that has been plagiarized in part or whole and may return
7		any such application for a permit of approval or program of
8		study. Additionally, the Board may not approve any application
9		for a permit of approval or program of study that has not been
10		completed in its entirety. Fees for application and renewal
11		may be set by the Board by rule. Fees shall be collected for
12		all 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		Section 15. The Developmental Education Reform Act is
5		amended by changing Section 100-30 as follows:
6		(110 ILCS 175/100-30)
7		Sec. 100-30. Institutional plans; report.
8		(a) On or before May 1, 2022, each university shall submit
9		to the Board of Higher Education and each community college
10		shall submit to the Illinois Community College Board its
11		institutional plan for scaling evidence-based developmental
12		education reforms to maximize the probability that a student
13		will be placed in and successfully complete introductory
14		college-level English language or mathematics coursework
15		within 2 semesters at the institution. At a minimum, a plan
16		submitted by an institution shall include all of the
17		following:
18		(1) A description of the current developmental
19		education models offered by the institution. If the
20		institution does not currently offer developmental
21		education coursework, it must provide details regarding
22		its decision not to offer developmental education
23		coursework and the pathways that are available to students
24		deemed to be insufficiently prepared for introductory

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1		college-level English language or mathematics coursework.
2		(2) A description of the developmental education
3		models that will be implemented and scaled and the basis
4		of the evidence and associated data that the institution
5		considered in making the decision to scale each model.
6		(3) Baseline data and benchmarks for progress,
7		including, but not limited to, (i) enrollment in
8		credit-bearing English language or mathematics courses,
9		(ii) rates of successful completion of introductory
10		college-level English language or mathematics courses, and
11		(iii) college-credit accumulation.
12		(4) Detailed plans for scaling reforms and improving
13		outcomes for all students placed in traditional
14		developmental education models or models with comparable
15		introductory college-level course completion rates. The
16		plan shall provide details about the expected improvements
17		in educational outcomes for Black students as result of
18		the proposed reforms.
19		(b) On or before February 15 January 1, 2023 and every 2
20		years thereafter, the Board of Higher Education and Illinois
21		Community College Board shall collect data and report to the
22		General Assembly and the public the status of developmental
23		education reforms at institutions. The report must include
24		data on the progress of the developmental education reforms,
25		including, but not limited to, (i) enrollment in
26		credit-bearing English language or mathematics courses, (ii)

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1		rates of successful completion of introductory college-level
2		English language or mathematics courses, and (iii)
3		college-credit accumulation. The data should be disaggregated
4		by gender, race and ethnicity, federal Pell Grant status, and
5		other variables of interest to the Board of Higher Education
6		and the Illinois Community College Board.
7		(c) On or before February 15 January 1, 2024 and every 2
8		years thereafter, the Board of Higher Education and Illinois
9		Community College Board, in consultation with institutions of
10		higher education and other stakeholders, shall consider
11		additional data reporting requirements to facilitate the
12		rigorous and continuous evaluation of each institution's
13		implementation plan and its impact on improving outcomes for
14		students in developmental education, particularly for Black
15		students.
16		(Source: P.A. 101-654, eff. 3-8-21.)
17		Section 20. The Board of Higher Education Act is amended
18		by changing Sections 1, 3, 6, 7, 8, 9.16, 11, and 16 as
19		follows:
20		(110 ILCS 205/1)  (from Ch. 144, par. 181)
21		Sec. 1. The following terms shall have the meanings
22		respectively prescribed for them, except when the context
23		otherwise requires:
24		"Public institutions of higher education": The University

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1		of Illinois; Southern Illinois University; Chicago State
2		University; Eastern Illinois University; Governors State
3		University; Illinois State University; Northeastern Illinois
4		University; Northern Illinois University; Western Illinois
5		University; the public community colleges of the State and any
6		other public universities, colleges and community colleges now
7		or hereafter established or authorized by the General
8		Assembly.
9		"Board": The Board of Higher Education created by this
10		Act.
11		"Private institution of higher education": Any institution
12		of higher education that is subject to the Private College Act
13		or the Academic Degree Act.
14		(Source: P.A. 100-167, eff. 1-1-18.)
15		(110 ILCS 205/3)  (from Ch. 144, par. 183)
16		Sec. 3. Terms; vacancies.
17		(a) The members of the Board whose appointments are
18		subject to confirmation by the Senate shall be selected for
19		6-year terms expiring on January 31 of odd numbered years.
20		(b) The members of the Board shall continue to serve after
21		the expiration of their terms until their successors have been
22		appointed.
23		(c) Vacancies on the Board in offices appointed by the
24		Governor shall be filled by appointment by the Governor for
25		the unexpired term. If the appointment is subject to Senate

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1		confirmation and the Senate is not in session or is in recess
2		when the appointment is made, the appointee shall serve
3		subject to subsequent Senate approval of the appointment.
4		(d) Each student member shall serve a term of one year
5		beginning on July 1 of each year and until a successor is
6		appointed and qualified.
7		(e) The member of the Board representing public university
8		governing boards and the member of the Board representing
9		private college and university boards of trustees, who are
10		appointed by the Governor but not subject to confirmation by
11		the Senate, shall serve terms of one year beginning on July 1.
12		(Source: P.A. 100-167, eff. 1-1-18.)
13		(110 ILCS 205/6)  (from Ch. 144, par. 186)
14		Sec. 6. The Board, in cooperation with the Illinois
15		Community College Board, shall analyze the present and future
16		aims, needs and requirements of higher education in the State
17		of Illinois and prepare a strategic master plan for the
18		development, expansion, integration, coordination and
19		efficient utilization of the facilities, curricula and
20		standards of higher education for public institutions of
21		higher education in the areas of teaching, research and public
22		service. The strategic master plan shall also include higher
23		education affordability and accessibility measures. The Board,
24		in cooperation with the Illinois Community College Board,
25		shall formulate the strategic master plan and prepare and

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1		submit to the General Assembly and the Governor drafts of
2		proposed legislation to effectuate the plan. The Board, in
3		cooperation with the Illinois Community College Board, shall
4		engage in a continuing study, an analysis, and an evaluation
5		of the strategic master plan so developed, and it shall be its
6		responsibility to recommend, from time to time as it
7		determines, amendments and modifications of any strategic
8		master plan enacted by the General Assembly.
9		(Source: P.A. 99-655, eff. 7-28-16.)
10		(110 ILCS 205/7)  (from Ch. 144, par. 187)
11		Sec. 7. The Board of Trustees of the University of
12		Illinois, the Board of Trustees of Southern Illinois
13		University, the Board of Trustees of Chicago State University,
14		the Board of Trustees of Eastern Illinois University, the
15		Board of Trustees of Governors State University, the Board of
16		Trustees of Illinois State University, the Board of Trustees
17		of Northeastern Illinois University, the Board of Trustees of
18		Northern Illinois University, the Board of Trustees of Western
19		Illinois University, the Illinois Community College Board and
20		the campuses under their governance or supervision shall not
21		hereafter undertake the establishment of any new unit of
22		instruction, research, or public service without the approval
23		of the Board. The term "new unit of instruction, research, or
24		public service" includes the establishment of a college,
25		school, division, institute, department, or other unit in any

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1		field of instruction, research, or public service not
2		theretofore included in the program of the institution, and
3		includes the establishment of any new branch or campus. The
4		term does not include reasonable and moderate extensions of
5		existing curricula, research, or public service programs which
6		have a direct relationship to existing programs; and the Board
7		may, under its rulemaking power, define the character of such
8		reasonable and moderate extensions.
9		Such governing boards shall submit to the Board all
10		proposals for a new unit of instruction, research, or public
11		service. The Board may approve or disapprove the proposal in
12		whole or in part or approve modifications thereof whenever in
13		its judgment such action is consistent with the objectives of
14		an existing or proposed strategic master plan of higher
15		education.
16		The Board of Higher Education is authorized to review
17		periodically all existing programs of instruction, research,
18		and public service at the State universities and colleges and
19		to advise the appropriate board of control if the contribution
20		of each program is not educationally and economically
21		justified. Each State university shall report annually to the
22		Board on programs of instruction, research, or public service
23		that have been terminated, dissolved, reduced, or consolidated
24		by the university. Each State university shall also report to
25		the Board all programs of instruction, research, and public
26		service that exhibit a trend of low performance in

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1		enrollments, degree completions, and high expense per degree.
2		The Board shall compile an annual report that shall contain
3		information on new programs created, existing programs that
4		have been closed or consolidated, and programs that exhibit
5		low performance or productivity. The report must be submitted
6		to the General Assembly. The Board shall have the authority to
7		define relevant terms and timelines by rule with respect to
8		this reporting.
9		(Source: P.A. 101-81, eff. 7-12-19.)
10		(110 ILCS 205/8)  (from Ch. 144, par. 188)
11		Sec. 8. The Board of Trustees of the University of
12		Illinois, the Board of Trustees of Southern Illinois
13		University, the Board of Trustees of Chicago State University,
14		the Board of Trustees of Eastern Illinois University, the
15		Board of Trustees of Governors State University, the Board of
16		Trustees of Illinois State University, the Board of Trustees
17		of Northeastern Illinois University, the Board of Trustees of
18		Northern Illinois University, the Board of Trustees of Western
19		Illinois University, and the Illinois Community College Board
20		shall submit to the Board not later than the 15th day of
21		November of each year its budget proposals for the operation
22		and capital needs of the institutions under its governance or
23		supervision for the ensuing fiscal year. Each budget proposal
24		shall conform to the procedures developed by the Board in the
25		design of an information system for State universities and

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1		colleges.
2		In order to maintain a cohesive system of higher
3		education, the Board and its staff shall communicate on a
4		regular basis with all public university presidents. They
5		shall meet at least semiannually to achieve economies of scale
6		where possible and provide the most innovative and efficient
7		programs and services.
8		The Board, in the analysis of formulating the annual
9		budget request, shall consider rates of tuition and fees and
10		undergraduate tuition and fee waiver programs at the State
11		universities and colleges. The Board shall also consider the
12		current and projected utilization of the total physical plant
13		of each campus of a university or college in approving the
14		capital budget for any new building or facility.
15		The Board of Higher Education shall submit to the
16		Governor, to the General Assembly, and to the appropriate
17		budget agencies of the Governor and General Assembly its
18		analysis and recommendations on such budget proposals.
19		The Board is directed to form a broad-based group of
20		individuals representing the Office of the Governor, the
21		General Assembly, public institutions of higher education,
22		State agencies, business and industry, statewide organizations
23		representing faculty and staff, and others as the Board shall
24		deem appropriate to devise a system for allocating State
25		resources to public institutions of higher education based
26		upon performance in achieving State goals related to student

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1		success and certificate and degree completion.
2		Beginning in Fiscal Year 2013, the Board of Higher
3		Education budget recommendations to the Governor and the
4		General Assembly shall include allocations to public
5		institutions of higher education based upon performance
6		metrics designed to promote and measure student success in
7		degree and certificate completion. Public university metrics
8		must be adopted by the Board by rule, and public community
9		college metrics must be adopted by the Illinois Community
10		College Board by rule. These metrics must be developed and
11		promulgated in accordance with the following principles:
12		(1) The metrics must be developed in consultation with
13		public institutions of higher education, as well as other
14		State educational agencies and other higher education
15		organizations, associations, interests, and stakeholders
16		as deemed appropriate by the Board.
17		(2) The metrics shall include provisions for
18		recognizing the demands on and rewarding the performance
19		of institutions in advancing the success of students who
20		are academically or financially at risk, including
21		first-generation students, low-income students, and
22		students traditionally underrepresented in higher
23		education, as specified in Section 9.16 of this Act.
24		(3) The metrics shall recognize and account for the
25		differentiated missions of institutions and sectors of
26		higher education.

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1		(4) The metrics shall focus on the fundamental goal of
2		increasing completion of college courses, certificates,
3		and degrees. Performance metrics shall recognize the
4		unique and broad mission of public community colleges
5		through consideration of additional factors including, but
6		not limited to, enrollment, progress through key academic
7		milestones, transfer to a baccalaureate institution, and
8		degree completion.
9		(5) The metrics must be designed to maintain the
10		quality of degrees, certificates, courses, and programs.
11		In devising performance metrics, the Board may be guided by
12		the report of the Higher Education Finance Study Commission.
13		Each State university must submit its plan for capital
14		improvements of non-instructional facilities to the Board for
15		approval before final commitments are made if the total cost
16		of the project as approved by the institution's board of
17		control is in excess of $2 million. Non-instructional uses
18		shall include but not be limited to dormitories, union
19		buildings, field houses, stadium, other recreational
20		facilities and parking lots. The Board shall determine whether
21		or not any project submitted for approval is consistent with
22		the strategic master plan for higher education and with
23		instructional buildings that are provided for therein. If the
24		project is found by a majority of the Board not to be
25		consistent, such capital improvement shall not be constructed.
26		(Source: P.A. 99-655, eff. 7-28-16.)

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1		(110 ILCS 205/9.16)  (from Ch. 144, par. 189.16)
2		Sec. 9.16. Underrepresentation of certain groups in higher
3		education. To require public institutions of higher education
4		to develop and implement an equity plan and practices that
5		include methods and strategies to increase the access,
6		retention, completion, and student loan repayment rates
7		participation of minorities, rural students, adult students,
8		women, and individuals with disabilities who are traditionally
9		underrepresented in education programs and activities. To
10		encourage private institutions of higher education to develop
11		and implement an equity plan and practices. For the purpose of
12		this Section, minorities shall mean persons who are citizens
13		of the United States or lawful permanent resident aliens of
14		the United States and who are any of the following:
15		(1) American Indian or Alaska Native (a person having
16		origins in any of the original peoples of North and South
17		America, including Central America, and who maintains
18		tribal affiliation or community attachment).
19		(2) Asian (a person having origins in any of the
20		original peoples of the Far East, Southeast Asia, or the
21		Indian subcontinent, including, but not limited to,
22		Cambodia, China, India, Japan, Korea, Malaysia, Pakistan,
23		the Philippine Islands, Thailand, and Vietnam).
24		(3) Black or African American (a person having origins
25		in any of the black racial groups of Africa).

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1		(4) Hispanic or Latino (a person of Cuban, Mexican,
2		Puerto Rican, South or Central American, or other Spanish
3		culture or origin, regardless of race).
4		(5) Native Hawaiian or Other Pacific Islander (a
5		person having origins in any of the original peoples of
6		Hawaii, Guam, Samoa, or other Pacific Islands).
7		The Board shall adopt any rules necessary to administer
8		this Section. The Board, in collaboration with the Illinois
9		Community College Board, shall also do the following:
10		(a) require all public institutions of higher education to
11		develop and submit an equity plan and implement practices
12		that, at a minimum, close gaps in enrollment, retention,
13		completion, and student loan repayment rates for
14		underrepresented groups and encourage all private institutions
15		of higher education to develop and submit such equity plans
16		and implement such practices plans for the implementation of
17		this Section;
18		(b) conduct periodic review of public institutions of
19		higher education and private institutions of higher education
20		to determine compliance with this Section; and if the Board
21		finds that a public institution of higher education is not in
22		compliance with this Section, it shall notify the institution
23		of steps to take to attain compliance;
24		(c) provide advice and counsel pursuant to this Section;
25		(d) conduct studies of the effectiveness and outcomes of
26		the methods and strategies outlined in an institution's equity

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

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1		encouragement of cooperative partnerships between community
2		colleges, and local school attendance centers, and 4-year
3		colleges and universities to support enrollment of which are
4		experiencing difficulties in enrolling minority students in
5		four-year colleges and universities;
6		(f) mandate all public institutions of higher education
7		and encourage all private institutions of higher education to
8		submit data and information essential to determine compliance
9		with this Section. The Board shall prescribe the format and
10		the date for submission of this data and any other education
11		equity data; and
12		(g) report to the General Assembly and the Governor
13		annually with a description of the plans submitted by each
14		public institution of higher education and each private
15		institution of higher education for implementation of this
16		Section, including financial data relating to the most recent
17		fiscal year expenditures for specific minority programs, the
18		effectiveness of such plans and programs and the effectiveness
19		of the methods and strategies developed by the Board in
20		meeting the purposes of this Section, the degree of compliance
21		with this Section by each public institution of higher
22		education and each private institution of higher education as
23		determined by the Board pursuant to its periodic review
24		responsibilities, and the findings made by the Board in
25		conducting its studies and monitoring student outcomes and
26		institutional success as required by paragraph (d) d) of this

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1		Section. With respect to each public institution of higher
2		education and each private institution of higher education,
3		such report also shall include, but need not be limited to,
4		information with respect to each institution's minority
5		program budget allocations; minority student admission,
6		retention and graduation and student loan repayment rate
7		statistics; admission, retention, and graduation, and student
8		loan repayment rate statistics of all students who are the
9		first in their immediate family to attend an institution of
10		higher education; number of financial assistance awards, not
11		including student loans, to undergraduate and graduate
12		minority students; and minority faculty representation. This
13		paragraph shall not be construed to prohibit the Board from
14		making, preparing or issuing additional surveys or studies
15		with respect to minority education in Illinois.
16		(Source: P.A. 102-465, eff. 1-1-22.)
17		(110 ILCS 205/11)  (from Ch. 144, par. 191)
18		Sec. 11. In the formulation of a strategic master plan of
19		higher education and in the discharge of its duties under this
20		Act, the Board shall give consideration to the problems and
21		attitudes of private junior colleges, private colleges and
22		universities, and of other educational groups,
23		instrumentalities and institutions, and to specialized areas
24		of education, as they relate to the overall policies and
25		problems of higher education.

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1		(Source: P.A. 82-622.)
2		(110 ILCS 205/16)
3		Sec. 16. Record retention requirements when Closing an
4		institution of higher education closes; student records;
5		institutional transfer agreements.
6		(a) In this Section:
7		"Academic records" means the academic records of each
8		former student of an institution of higher education that is
9		traditionally provided on an academic transcript, including,
10		but not limited to, courses taken, terms, grades, and any
11		other similar information.
12		"Institution of higher education" means any publicly or
13		privately operated university, college, junior college,
14		business, technical or vocational school, or other educational
15		institution offering degrees and instruction beyond the
16		secondary school level. "Institution of higher education" does
17		not include a public community college.
18		"Institutional transfer agreement" means an articulation
19		agreement or transfer agreement between 2 or more institutions
20		of higher education wherein one institution agrees to accept
21		the transfer of earned student credits from a former student
22		of an institution that has discontinued operations.
23		(b) In the event an institution of higher education
24		proposes to discontinue its operations, the chief
25		administrative officer of the institution shall submit a plan

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1		to the Board for permanent retention of all academic records,
2		including student records and academic records of the
3		institution. The plan must be approved by the Executive
4		Director of the Board before it is executed. In addition, the
5		plan shall include the release of any institutional holds
6		placed on any student record, regardless of the type of hold
7		placed on a student record.
8		(c) If it appears to the Board that the academic records,
9		including student records and academic records, of an
10		institution of higher education kept pursuant to an approved
11		plan under subsection (b) of this Section may become lost,
12		hidden, destroyed, or otherwise made unavailable to the Board,
13		the Board may seize and take possession of the records, on its
14		own motion and without order of a court.
15		(Source: P.A. 100-1008, eff. 8-21-18.)
16		Section 25. The Higher Education Cooperation Act is
17		amended by changing Sections 4 and 5 as follows:
18		(110 ILCS 220/4)  (from Ch. 144, par. 284)
19		Sec. 4. A program of financial assistance to programs of
20		interinstitutional cooperation, in higher education is
21		established to implement the policy of encouraging such
22		cooperation in order to achieve an efficient use of
23		educational resources, an equitable distribution of
24		educational services, the development of innovative concepts

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

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1		(110 ILCS 220/5)  (from Ch. 144, par. 285)
2		Sec. 5. Any not-for-profit corporation organized to
3		administer an interinstitutional program of higher education
4		may be recognized under this Section if it has been in
5		existence for 3 years or longer, it is structured for
6		continuing operation, it is substantial in scope, it is
7		oriented to and supported by the community in which it is
8		located and it is consistent with the Illinois strategic
9		master plan for higher education.
10		In each request of the Board of Higher Education to the
11		General Assembly for the appropriation of funds for the
12		purpose of making grants under this Act the Board shall
13		specify the amount of the grant proposed for each
14		not-for-profit corporation recognized under this Section.
15		The following not-for-profit corporations are recognized
16		for the purposes of this Section:
17		The Quad Cities Graduate Study Center.
18		(Source: P.A. 77-2813.)
19		Section 30. The Private College Act is amended by changing
20		Sections 3, 4, and 5 and by adding Section 4.5 as follows:
21		(110 ILCS 1005/3)  (from Ch. 144, par. 123)
22		Sec. 3. (a) Applications submitted to the Board for a
23		certificate of approval to operate a post-secondary

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

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

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

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1		his employment, employed by the owners or persons conducting
2		the institution, on account of which conduct any student
3		enrolled in the institution has been injured or has suffered
4		financial loss; .
5		4. Failure to allow any duly authorized employee, or other
6		representative of the Board, to enter upon the premises of any
7		post-secondary educational institution or have access through
8		electronic means to inspect or otherwise examine the same and
9		any books, papers, or other records pertaining to the degree
10		granting program of such institution, including, but not
11		limited to, financial records such as balance sheets, income
12		statements, and cash flow statements.
13		(Source: P.A. 80-1309.)
14		Section 35. The Academic Degree Act is amended by changing
15		Sections 4 and 6 and by adding Section 5.5 as follows:
16		(110 ILCS 1010/4)  (from Ch. 144, par. 234)
17		Sec. 4. Period before award.) (a) Unless a degree granting
18		institution was authorized to operate in Illinois, or was in
19		operation, on August 14, 1961, it shall not award any earned
20		degree until one year after it has filed a written notice with
21		and until such institution has received the authorization and
22		approval of the Board. Except as permitted under Section 5, no
23		educational organization or entity shall be authorized to
24		award any degree nor be approved as a degree granting

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1		institution unless it requires an appropriate period of
2		instruction to be in residence. The notice shall be under oath
3		or affirmation of the principal officer of the institution and
4		shall contain: the name and address of the degree granting
5		institution; the names and addresses of the president or other
6		administrative head and of each member of the board of
7		trustees or other governing board; a description of the degree
8		or degrees to be awarded and the course or courses of study
9		prerequisite thereto; and such additional information relevant
10		to the purposes of this Act as the Board may prescribe. An
11		amendment to the notice shall be under oath or affirmation of
12		the principal officer of the institution and shall be filed
13		with the Board prior to the award of any degree not contained
14		in the original notice or prior amendments thereto. A degree
15		authorized in an amendment shall not be awarded until one year
16		after the filing of the amendment with and the authorization
17		of the Board. The submission of the regular catalog of the
18		institution shall, if it covers the matters hereinabove
19		mentioned, be deemed to constitute compliance herewith.
20		(b) A degree granting institution shall keep the notice
21		which it shall have filed with the Board current at all times.
22		For this purpose, it shall report annually, by appropriate
23		amendment of the notice, any change in any fact previously
24		reported.
25		(c) The Board shall not approve any notice or amendment
26		thereto filed pursuant to this Section unless it finds the

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1		facts stated therein to be correct and further finds that such
2		facts constitute compliance with the requirements of this Act
3		for degree granting institutions.
4		(d) The Board may not approve any notice, amendment, or
5		application that has been plagiarized, in part or in whole,
6		and may return any notice, amendment, or application.
7		Additionally, the Board may not approve any notice, amendment,
8		or application that has not been completed in its entirety.
9		Any such uncompleted notice, amendment, or application shall
10		be returned to the degree granting institution.
11		(e) The Board may not approve any proposed degree program
12		unless it is educationally and economically consistent with
13		the educational priorities and needs of this State and meets a
14		need that is not currently met by existing institutions and is
15		supported by clear evidence of need.
16		(Source: P.A. 80-1309.)
17		(110 ILCS 1010/5.5 new)
18		Sec. 5.5. Disclosure of heightened monitoring of finances.
19		Any institution approved by the Board under this Act shall
20		make the following disclosures:
21		(a) If the United States Department of Education places
22		the institution on either the Heightened Cash Monitoring 2
23		payment method or the reimbursement payment method, as
24		authorized under 34 CFR 668.162, a clear and conspicuous
25		disclosure that the United States Department of Education has

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1		heightened monitoring of the institution's finances and the
2		reason for such monitoring. Such disclosure shall be made
3		within 14 days of the action of the United States Department of
4		Education both on the institution's website and to all
5		students and prospective students on a form prescribed by the
6		Board.
7		(b) Any other disclosure the Board requires by rule
8		adopted pursuant to this Act.
9		(110 ILCS 1010/6)  (from Ch. 144, par. 236)
10		Sec. 6. Right of inspection; Penalty for refusal or
11		obstruction. Any duly authorized employee or other
12		representative of the Board may enter upon the premises of any
13		degree granting institution or may have access through
14		electronic means to and inspect or otherwise examine the same
15		and any books, papers or other records pertaining to the
16		degree granting program of such institution including, but not
17		limited to, financial records such as balance sheets, income
18		statements, and cash flow statements. For failure to permit
19		such entry, inspection or examination or for obstruction
20		thereof, the Board may invalidate any notice filed with it by
21		the degree granting institution and revoke any authorization
22		made pursuant to Section 4 of this Act and may refuse to accept
23		another notice from or on behalf of such institution or any
24		person connected with the administration thereof until such
25		refusal or obstruction has been withdrawn. Any action taken

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1		pursuant to this Section shall be in addition to any other
2		penalty which may be imposed for violation of this Act.
3		(Source: P.A. 80-1309.)
4		Section 99. Effective date. This Act takes effect upon
5		becoming law.