Section 1030.10  Institutions Required to Receive Approval

a)         Institutions Required to Receive Approval under the 1945 Act

Any private or public person, group of persons, partnership or corporation that is or contemplates offering degrees or instruction in Illinois above the high school level, either in residence or correspondence, or in the case of an institution offering online instruction where the core academic support services, including but not limited to admission, evaluation, assessment, registration, financial aid, academic scheduling, and faculty hiring and support, are located in Illinois must be approved pursuant to this Part.  After December 15, 2008, these institutions shall be limited to:

1)         Institutions that were not established and offering degrees in Illinois prior to July 17, 1945; or

2)         Institutions that result from a merger of other institutions, whether or not the merged institutions were in existence prior to July 17, 1945; or

3)         Institutions that offer ten percent or more of course work, as measured by academic credits, for a degree program in a new geographic location, whether or not the institution was in existence prior to July 17, 1945; or

4)         Institutions that have terminated operation and subsequently wish to resume operations as degree granting institutions, whether or not the former institution was in existence prior to July 17, 1945.

b)         Institutions Required to Receive Approval under the 1961 Act

Any private or public person, group of persons, partnership or corporation that is or contemplates offering degrees or instruction in Illinois above the high school level, either in residence or correspondence, or in the case of an institution offering online instruction where the core academic support services, including but not limited to admission, evaluation, assessment, registration, financial aid, academic scheduling, and faculty hiring and support, are located in Illinois, provided the institution is not an Illinois public tax supported higher education institution, a labor union training program or a business trade or other corporate in-service training program, must be approved pursuant to this Part. After December 15, 2008, these institutions shall be limited to:

1)         Institutions that were not operating or authorized to operate in Illinois on August 14, 1961; or

2)         Institutions that result from a merger of other institutions, whether or not the merged institutions were authorized to operate on August 14, 1961; or

3)         Institutions that offer ten percent or more of course work, as measured by academic credits, for a degree program in a new geographic location, whether or not the institution was authorized to operate on August 14, 1961; or

4)         Institutions that have terminated operation and subsequently wish to resume operation as degree-granting institutions, whether or not the former institution was authorized to operate on August 14, 1961.

c)         Exemption from Approval Requirements 

1)         Institutions offering degree programs at the University Center of Lake County and the Quad-Cities Graduate Center shall not be required to apply for Board approval when offering degree programs authorized for their home campus.  For these institutions, center approval is required and the center shall be treated as part of the institution's home campus, provided the center has notified the Board of its approval of the new degree program. 

2)         Institutions with Limited Physical Presence in Illinois

Any public or private person, group of persons, partnership or corporation that is located outside of the State of Illinois that is or contemplates offering instruction in Illinois above the high school level is not required under either the 1945 Act or the 1961 Act to obtain a certificate of approval or operating or degree authorization if the institution has a limited physical presence in the State.  No such institution shall be considered to have limited physical presence for any geographic location and program in Illinois unless it has received a written finding from the Board that it has such a limited physical presence.  In determining whether an institution has a limited physical presence, the Board shall require the following:

A)        Evidence of authorization to operate in at least one other state; and

B)        Evidence of accreditation by a body recognized by the U.S. Department of Education and/or the Council for Higher Education Accreditation; and

C)        Evidence that the institution will offer ten percent or less of coursework, as measured by academic credits, for a degree program in the State of Illinois, or evidence that the institution is offering degrees through one hundred percent asynchronous versus synchronous on-line instruction from an out-of-state site or sites; and

D)        Evidence that the institution is not providing core academic support services, including but not limited to admissions, evaluation, assessment, registration, financial aid, academic scheduling, and faculty hiring and support in the State of Illinois.

3)         Institutions exempted under the 1945 and/or 1961 Acts offering one hundred percent asynchronous versus synchronous on-line instruction do not require additional Board approval.

4)         Approved institutions under the jurisdiction of the 1945 or 1961 Acts offering one hundred percent asynchronous versus synchronous on-line instruction of a Board approved degree program do not require additional Board approval. 

(Source:  Amended at 32 Ill. Reg. 49, effective December 23, 2008)