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TITLE 23: EDUCATION AND CULTURAL RESOURCES
SUBTITLE A: EDUCATION CHAPTER II: BOARD OF HIGHER EDUCATION PART 1030 PROGRAM REVIEW (PRIVATE COLLEGES AND UNIVERSITIES) SECTION 1030.80 MAINTENANCE OF AUTHORIZATION TO OPERATE AND/OR GRANT DEGREES UNDER THE 1961 ACT
Section 1030.80 Maintenance of Authorization to Operate and/or Grant Degrees under the 1961 Act
a) Most institutions are approved to operate under both the 1945 Act and the 1961 Act. Institutions under only the 1945 Act shall comply with Section 1030.70. Institutions under only the 1961 Act shall comply with Section 1030.80. Institutions under both Acts shall comply with both Sections 1030.70 and 1030.80. When the two Sections are identical, the institution will be considered in compliance with the 1945 Act by complying with Section 1030.80 and vice versa.
b) This subsection (b) governs the Maintenance of the Authorization to Operate and/or Award Specific Degrees procedure under the 1961 Act.
1) Annual Report Each authorized institution shall file annually with the Board its current catalogs.
2) Reviews The staff of the Board may conduct reviews and/or visitations of authorized institutions and/or their degree programs as necessary for the implementation of the statute. This may include a review in the fifth year of a new degree program's existence. Board staff may review the degree program, in cooperation with institutional staff, to verify the institution's implementation and maintenance of the conditions that were presented in its applications and that formed the basis upon which the authorizations were granted. The fifth year review may also include information on improvements in the institution's capacity to efficiently and effectively deliver degree programs using technological innovation and comprehensive data systems. In the case of a program in which State licensure is required for employment in the field, a program can be found to be in good standing if the institution is able to provide evidence that program graduates are eligible to take the appropriate licensure examination and pass rates are maintained as specified in the objectives of the unit of instruction. If there is no such evidence, approval of the program may be withdrawn by the Board.
3) Complaints Concerning Institutional Degree Practices The staff of the Board may initiate an investigation in response to written or oral information suggesting that changes have occurred in the conditions under which Authorization to Operate and/or Award Specific Degrees was given. During the investigation, there may be a temporary hold placed on the institution's applications to the Board for new program approvals and other programs. The hold will be for a specified period of time not to exceed six months, unless the Board begins the process for revocation as provided in subsection (b)(5), at which time the hold will continue until the Board decision is made.
4) Temporary Suspension of Program An institution may place any approved program on temporary suspension after receiving Board approval. The institution shall provide an annual status report to the Board on any program under temporary suspension status. The Board will consider a program placed on temporary suspension status to be terminated if an annual status report is not received or if no reinstatement request is received within the first five years after the program was placed on temporary suspension. An institution may petition for reinstatement during the five-year period.
5) Revocation of Operating and/or Degree-Granting Authority
A) Grounds for revocation include:
i) Failure to permit any duly authorized representative of the Board to enter upon the premises of the institution and to inspect or otherwise examine the institution and its books, papers or other records.
ii) Failure to maintain the conditions under which the institution and/or its degrees were authorized.
iii) Failure to offer degrees or instruction for one continuous 12-month period.
iv) Abandonment of the institution.
B) Procedures for Revocation
i) Following the Board staff investigation of the institutional degree practices, the staff may recommend to the Board revocation of the Authorization to Operate and/or Award Specific Degrees.
ii) If the Board votes to revoke the Authorization to Operate and/or Award Specific Degrees, the institution may request a hearing. The Board shall not be required to schedule a hearing and has the option to waive a hearing if the institution has not operated for one continuous 12-month period or the institution has been abandoned; even in these cases, however, the Board shall be required to revoke the authority at a public hearing at which any opponent who is injured or impacted by the revocation must be given the opportunity to be heard.
iii) The Board shall designate a Hearing Officer who shall schedule and conduct a hearing.
iv) The Hearing Officer shall make a written report of findings and recommendation to the Board, which shall make a final determination and shall notify the institution of its decision.
v) Following a Board decision to revoke the Authorization to Operate and/or Award Specific Degrees, the letter of authorization shall be rendered invalid.
vi) At any time after revocation, the Board may restore an Authority to Operate and/or Award Specific Degrees.
vii) A closed institution shall arrange for its student records to be maintained in a safe and suitable place as determined by the Board (such as another like kind of institution or the Board).
(Source: Amended at 32 Ill. Reg. 49, effective December 23, 2008) |