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Public Act 100-0167


 

Public Act 0167 100TH GENERAL ASSEMBLY

  
  
  

 


 
Public Act 100-0167
 
HB3255 EnrolledLRB100 09261 NHT 19418 b

    AN ACT concerning education.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Board of Higher Education Act is amended by
changing Sections 1, 2, 3, 9.03, 9.04, 9.07, and 9.29 as
follows:
 
    (110 ILCS 205/1)  (from Ch. 144, par. 181)
    Sec. 1. The following terms shall have the meanings
respectively prescribed for them, except when the context
otherwise requires:
    (a) "Public institutions of higher education": The
University of Illinois; Southern Illinois University; Chicago
State University; Eastern Illinois University; Governors State
University; Illinois State University; Northeastern Illinois
University; Northern Illinois University; Western Illinois
University; the public community colleges of the State and any
other public universities, colleges and community colleges now
or hereafter established or authorized by the General Assembly.
    (b) "Board": The Board of Higher Education created by this
Act.
    (c) "Engineering college" has the meaning ascribed to it in
the Professional Engineering Practice Act of 1989.
(Source: P.A. 89-4, eff. 1-1-96.)
 
    (110 ILCS 205/2)  (from Ch. 144, par. 182)
    Sec. 2. There is created a Board of Higher Education to
consist of 16 members as follows: 10 members appointed by the
Governor, by and with the advice and consent of the Senate; one
member of a public university governing board, appointed by the
Governor without the advice and consent of the Senate; one
member of a private college or university board of trustees,
appointed by the Governor without the advice and consent of the
Senate; the chairman of the Illinois Community College Board;
the chairman of the Illinois Student Assistance Commission; and
2 student members selected by the recognized advisory committee
of students of the Board of Higher Education, one of whom must
be a non-traditional undergraduate student who is at least 24
years old and represents the views of non-traditional students,
such as a person who is employed or is a parent. One Beginning
on July 1, 2005, one of the 10 members appointed by the
Governor, by and with the advice and consent of the Senate,
must be a faculty member at an Illinois public university. The
Governor shall designate the Chairman of the Board to serve
until a successor is designated. The chairmen of the Board of
Trustees of the University of Illinois, the Board of Trustees
of Southern Illinois University, the Board of Governors of
State Colleges and Universities, and the Board of Regents of
Regency Universities shall cease to be members of the Board of
Higher Education on the effective date of this amendatory Act
of 1995. No more than 7 of the members appointed by the
Governor, excluding the Chairman, shall be affiliated with the
same political party. The 10 members appointed by the Governor
with the advice and consent of the Senate shall be citizens of
the State and shall be selected, as far as may be practicable,
on the basis of their knowledge of, or interest or experience
in, problems of higher education. If the Senate is not in
session or is in recess, when appointments subject to its
confirmation are made, the Governor shall make temporary
appointments which shall be subject to subsequent Senate
approval.
(Source: P.A. 93-429, eff. 1-1-04; 94-905, eff. 1-1-07.)
 
    (110 ILCS 205/3)  (from Ch. 144, par. 183)
    Sec. 3. Terms; vacancies.
    (a) The members of the Board whose appointments are subject
to confirmation by the Senate shall be selected for 6-year
terms expiring on January 31 of odd numbered years. Of the
initial appointees, however, 2 shall be designated by the
Governor to serve until January 31, 1963, 3 until January 31,
1965, and 3 until January 31, 1967.
    Of the 2 appointees to be made by the Governor pursuant to
this Act as amended by the 75th General Assembly, one shall be
designated to serve until January 31, 1971 and one until
January 31, 1973.
    (b) The members of the Board shall continue to serve after
the expiration of their terms until their successors have been
appointed.
    (c) Vacancies on the Board in offices appointed by the
Governor shall be filled by appointment by the Governor for the
unexpired term. If the appointment is subject to Senate
confirmation and the Senate is not in session or is in recess
when the appointment is made, the appointee shall serve subject
to subsequent Senate approval of the appointment.
    (d) Each student member shall serve a term of one year
beginning on July 1 of each year, except that the student
member initially selected under this amendatory Act of the 94th
General Assembly shall serve a term beginning on the date of
such selection and expiring on the next succeeding June 30.
    (e) The member of the Board representing public university
governing boards and the member of the Board representing
private college and university boards of trustees, who are
appointed by the Governor but not subject to confirmation by
the Senate, shall serve terms of one year beginning on July 1.
(Source: P.A. 94-905, eff. 1-1-07.)
 
    (110 ILCS 205/9.03)  (from Ch. 144, par. 189.03)
    Sec. 9.03. To advise and counsel the Governor, at his or
her request, regarding any area of, or matter pertaining to,
higher education.
(Source: P.A. 79-94.)
 
    (110 ILCS 205/9.04)  (from Ch. 144, par. 189.04)
    Sec. 9.04. To submit to the Governor and the General
Assembly a written report covering the activities engaged in
and recommendations made. This report shall be submitted in
accordance with the requirements of Section 3 of the State
Finance Act.
    The requirement for reporting to the General Assembly shall
be satisfied by filing electronic or paper copies of the report
with the Speaker, the Minority Leader and the Clerk of the
House of Representatives and the President, the Minority Leader
and the Secretary of the Senate and the Legislative Research
Unit, as required by Section 3.1 of the General Assembly
Organization Act "An Act to revise the law in relation to the
General Assembly", approved February 25, 1874, as amended, and
filing such additional electronic or paper copies with the
State Government Report Distribution Center for the General
Assembly as is required under paragraph (t) of Section 7 of the
State Library Act.
(Source: P.A. 90-730, eff. 8-10-98.)
 
    (110 ILCS 205/9.07)  (from Ch. 144, par. 189.07)
    Sec. 9.07. Admission standards.
    (a) Subject to the provisions of subsection (b), to
establish minimum admission standards for public community
colleges, colleges and state universities. However,
notwithstanding any other provision of this Section or any
other law of this State, the minimum admission standards
established by the Board shall not directly or indirectly
authorize or require a State college or university to
discriminate in the admissions process against an applicant for
admission because of the applicant's enrollment in a charter
school established under Article 27A of the School Code.
Admission standards for out-of-state students may be higher
than for Illinois residents.
    (b) Implementation of the new statewide minimum admission
requirements and standards for public colleges and
universities in Illinois established and announced by the Board
in December, 1985 shall be deferred as provided in this
subsection. The Board shall not attempt to implement or
otherwise effect adoption and establishment of those minimum
admission requirements and standards in any public community
college, college or State university prior to the fall of 1993,
and no public community college, college or State university
shall be under any duty or obligation to implement, establish
or otherwise apply those minimum admission requirements and
standards to any entering freshmen prior to the fall of 1993.
    The Board of Higher Education shall provide the State
Superintendent of Education, on or before January 1, 1990,
descriptions of course content, and such other criteria as are
necessary to determine and certify whether all school districts
maintaining grades 9-12 are offering courses which satisfy the
minimum admission requirements and standards established and
announced by the Board. In addition, there shall be established
a 9 member committee composed of 3 members selected by the
Board of Higher Education, 3 members selected by the State
Superintendent of Education and 3 members selected by the
President of the Illinois Vocational Association. The
committee shall be appointed within 30 days after the effective
date of this amendatory Act. It shall be the duty and
responsibility of the committee to identify and develop courses
and curricula in the vocational education area which meet the
minimum admission requirements and standards to be established
and implemented under this Section. The first meeting of the
committee shall be called by the Executive Director of the
Board of Higher Education within 10 days after the committee is
appointed. At its first meeting the committee shall organize
and elect a chairperson. The committee's report shall be
prepared and submitted by the committee to the Board of Higher
Education, the Illinois State Board of Education and the
General Assembly by April 1, 1989.
    (c) By March 1, 1980, the Boards shall develop guidelines
which: (1) place the emphasis on postsecondary remedial
programs at Public Community Colleges and (2) reduces the role
of the state universities in offering remedial programs. By
June 30, 1981, the Board shall report to the General Assembly
the progress made toward this transition in the emphasis on
remedial programs at the postsecondary level and any
legislative action that it deems appropriate. Under the
guidelines, if a State university determines that a student
needs remedial coursework, then the university must require
that the student complete the remedial coursework before
pursuing his or her major course of study.
(Source: P.A. 95-272, eff. 8-17-07.)
 
    (110 ILCS 205/9.29)
    Sec. 9.29. Tuition and fee waiver report and task force.
(a) The Board of Higher Education shall annually compile
information concerning tuition and fee waivers and tuition and
fee waiver programs that has been provided by the Boards of
Trustees of the University of Illinois, Southern Illinois
University, Chicago State University, Eastern Illinois
University, Governors State University, Illinois State
University, Northeastern Illinois University, Northern
Illinois University, and Western Illinois University and shall
report its findings and recommendations concerning tuition and
fee waivers and tuition and fee waiver programs to the General
Assembly by filing electronic or paper copies of its report by
December 31 of each year as provided in Section 3.1 of the
General Assembly Organization Act.
    (b) The General Assembly finds and declares (i) that the
Board of Higher Education reports that in Fiscal Year 2011
public institutions of higher education awarded tuition and fee
waivers totaling nearly $415 million; (ii) that 83.9% of these
waivers were discretionary in that they were awarded at the
discretion of each institution and valued at over $348 million;
(iii) that the remaining 16.1% of waivers were mandatory in
that institutions had to award the waivers by statute; and (iv)
that because of the significant cost of such waivers, it is
important to review, evaluate, and verify that these waivers
are in the public interest and impose a reasonable financial
impact upon higher education.
    There is hereby created the Tuition and Fee Waiver Task
Force. The Task Force shall consist of the following members:
        (1) 2 members appointed by the President of the Senate;
        (2) 2 members appointed by the Speaker of the House of
    Representatives;
        (3) 2 members appointed by the Minority Leader of the
    Senate; and
        (4) 2 members appointed by the Minority Leader of the
    House of Representatives.
    The President and Speaker shall designate one member each
to serve as co-chairpersons of the Task Force. Members must be
adults and residents of this State. The individual or his or
her successor who appointed a member may remove that appointed
member before the expiration of his or her term on the Task
Force for official misconduct, incompetence, or neglect of
duty. Members shall serve without compensation, but may be
reimbursed for expenses. Appointments must be made within 60
calendar days after the effective date of this amendatory Act
of the 97th General Assembly.
    (c) The purpose of the Tuition and Fee Waiver Task Force is
to conduct a thorough review and evaluation of the tuition and
fee waiver programs offered by the public institutions of
higher education listed in subsection (a) of this Section, as
well as the findings and recommendations made by the Board
concerning these programs pursuant to subsection (a) of this
Section. The Task Force shall also thoroughly review and
evaluate tuition and fee waiver programs offered by public
institutions of higher education not listed in subsection (a)
of this Section.
    The Task Force shall review and evaluate each of the
tuition and fee waiver programs offered by public institutions
of higher education and determine the propriety of each such
program. As part of its review and evaluation, the Task Force
shall, among other things, consider the following:
        (1) the institution's justification of the need for the
    program;
        (2) the program's intended purposes and goals;
        (3) the program's eligibility and selection criteria;
        (4) the program's costs;
        (5) the purported benefits resulting from the program;
    and
        (6) whether the program serves the public interest or
    advances a private interest.
    (d) The Board shall provide administrative support to the
Tuition and Fee Waiver Task Force. The Task Force shall conduct
meetings and public hearings before filing any report mandated
under this subsection (d). At the public hearings, the Task
Force shall allow interested persons to present their views and
comments. The Task Force shall submit a report setting forth
its review and evaluation of the tuition and fee waiver
programs offered by public institutions of higher education on
or before April 15, 2013 to the Governor, the General Assembly,
and the Board. Upon filing its reports, the Task Force is
dissolved.
(Source: P.A. 97-772, eff. 7-11-12.)
 
    (110 ILCS 205/9.13 rep.)
    (110 ILCS 205/9.20 rep.)
    (110 ILCS 205/9.25 rep.)
    (110 ILCS 205/9.27 rep.)
    Section 10. The Board of Higher Education Act is amended by
repealing Sections 9.13, 9.20, 9.25, and 9.27.

Effective Date: 1/1/2018