AUTHORITY: Implementing Section 5-15 of the Illinois Administrative Procedure Act [5 ILCS 100/5-15] and authorized by Section 9.05 of the Board of Higher Education Act [110 ILCS 205/9.05].

SOURCE: Adopted and codified at 8 Ill. Reg. 16822, effective August 30, 1984; amended at 29 Ill. Reg. 2713, effective February 3, 2005; amended at 34 Ill. Reg. 12794, effective August 18, 2010; amended at 36 Ill. Reg. 17847, effective December 6, 2012; amended at 39 Ill. Reg. 16387, effective December 9, 2015.

SUBPART A: PUBLIC INFORMATION

 

Section 5050.10  Individual or Group Requests for Making Presentations to the Board

 

a)         General Public

 

1)         A representative of the general public may request the opportunity to make a presentation, provided that his/her request is made to the Board Secretary no later than 3 business days prior to the Board meeting for which the request to make a presentation is made, except as an emergency might require.

 

2)         Any person shall be permitted an opportunity to address the Board provided that the subject is pertinent to the jurisdiction, authority, duties or obligations of the Board.  Any other appearances are at the discretion of and must be approved by the Chairperson.  Each appearance will be subject to reasonable time limits. The party whose request for appearance is approved will be notified in advance of the appointed time and place.

 

3)         The time of appearances that have been approved will be scheduled as the Board agenda permits or as the Chairperson deems appropriate.

 

b)         Institutional Staff

 

1)         All communications to the Board regarding matters of institutional concern (only those matters that are not resolved by the institution) from faculty, staff, and students of the institutions will be submitted simultaneously to the institutional president or appropriate institutional office, to the Chairperson of the Board and Executive Director in order that they may be informed of the nature of the communications. Exceptions to this communications pattern will occur only under extraordinary circumstances.

 

2)         The Chairpersons of the Faculty Advisory Council, the Student Advisory Committee, the Independent College and University Advisory Committee, the Council of Community College Presidents and the Proprietary Advisory Committee shall have the opportunity to speak at each Board meeting.

 

3)         Special guests in attendance at Board meetings may be introduced with the permission of the Board Chairperson.

 

(Source:  Amended at 36 Ill. Reg. 17847, effective December 6, 2012)

 

Section 5050.20  Proposals for New Board Policies or Amendments to Existing Policy

 

a)         Any proposal by third parties purporting to advance a new policy or alter or amend an existing policy of the Board must be submitted in writing, indicating the precise nature of the proposed change, accompanied by research data or supportive rationale.

 

b)         Any such proposed change of policy should be given the Chairperson or Executive Director who shall, in turn, present the policy proposal to the Board as a whole.

 

AGENCY NOTE:  The above procedures are for the information and guidance of all who may wish to make presentations to the Illinois Board of Higher Education.  The Board reserves the right to decline or restrict presentations, to refer requests to existing or ad hoc committees of the Board, to establish the conditions under which presentations may be made, or to waive restrictions if circumstances warrant.

 

(Source:  Amended at 39 Ill. Reg. 16387, effective December 9, 2015)

 

Section 5050.30  Information Requests

 

Requests for information or assistance from the Illinois Board of Higher Education should be directed to the Executive Director, Illinois Board of Higher Education, 1 N. Old State Capitol Plaza, Suite 333, Springfield, Illinois 62701-1377.

 

(Source:  Amended at 39 Ill. Reg. 16387, effective December 9, 2015)

 

Section 5050.40  Recording Meetings

 

Subject to the provisions of Section 2.05 of the Open Meetings Act [5 ILCS 120], any person may record the proceedings of any open meeting by tape, film or other means.  No equipment used for this purpose shall obstruct the view between any Board members or between any member and the speaker's rostrum.  If a power source is necessary for the recording of a meeting, the requestor shall notify the Board Secretary of his or her requirements at least 3 business days prior to the meeting, and the Board will make every reasonable effort to assure that a power source is provided, taking into consider that the Board has no meeting facilities and typically meets at guest sites.

 

(Source:  Added at 36 Ill. Reg. 17847, effective December 6, 2012)

 

Section 5050.50  Attendance of a Board Member by Means Other Than Physical Presence

 

Pursuant to the minimum requirements of Section 7 of the Open Meetings Act, a majority of the Board may allow a member to attend any meeting by video or audio conference provided adequate equipment can reasonably be made available and that participation is audible to all other Board members.

 

(Source:  Added at 36 Ill. Reg. 17847, effective December 6, 2012)

SUBPART B: RULEMAKING

 

Section 5050.100  Rulemaking Procedures

 

a)         New rules, amendments or repealers will be initiated at the direction of the Board or its Executive Director, and may result in some cases from statutory changes, court decisions, or suggestions from interested individuals or advisory committees.  Proposed new rules, amendments or repealers will be presented at an open public meeting of the Board prior to publication in the Illinois Register.

 

b)         Following Board approval, proposed rules, amendments or repealers will be published in the Illinois Register.  During the 45-day "first notice" period, interested persons or agencies may provide comments.

 

c)         Review of proposed rules, amendments or repealers by the Joint Committee on Administrative Rules will take place during the "second notice" period.  The Joint Committee on Administrative Rules will review any comments on the rules which were submitted to the issuing agency by interested individuals or agencies.

 

d)         Proposed new rules, amendments or repealers which have met the requirements for public input and Joint Committee on Administrative Rules review, will be adopted at a second public meeting of the Board.

 

e)         Individuals or organizations proposing the creation, amendment or repeal of a rule may do so by writing to the Chairperson or Executive Director of the Illinois Board of Higher Education at 1 N. Old State Capitol Plaza, Suite 333, Springfield, Illinois 62701-1377.  The written statement should include specific language and, in the case of existing rules, cite the specific rule to be amended or repealed.  Justification for the proposal shall also be included.

 

(Source:  Amended at 39 Ill. Reg. 16387, effective December 9, 2015)

SUBPART C: ORGANIZATION

 

Section 5050.200  Organization of Illinois Board of Higher Education

 

a)         The Illinois Board of Higher Education, the State coordinating agency for public and private postsecondary education, is composed of 16 members:  ten members appointed by the Governor with the consent of the Senate (including one faculty member from a public university), a member appointed by the Governor to represent public universities, a member appointed by the Governor to represent independent institutions, the Chairman of the Illinois Community College Board, the Chairman of the Illinois Student Assistance Commission, and two student members selected by the recognized student advisory committee to the IBHE, one of whom must be a non-traditional undergraduate student who is at least 24 years old and represents the view of non-traditional students, such as a person who is employed or is a parent [110 ILCS 205/2].

 

b)         There are five standing advisory committees to the Board:  the Faculty Advisory Council, the Independent College and University Advisory Committee, the Proprietary Advisory Committee, the Student Advisory Committee, and the Council of Community College Presidents. 

 

c)         The Board is supported by a staff headed by an Executive Director who serves at the pleasure of the Board.  The organizational structure is illustrated by function in Appendix A.

 

d)         To the extent practicable, Board meetings will be held every third month.  The Board shall convene at least four times per year.  The annual meeting schedule shall be adopted by the Board at its last meeting of the calendar year for the following calendar year.  The meeting calendar shall be posted on the Board's web site (www.ibhe.org).  Special or additional meetings may be held on call of the Chairman, or upon a call signed by at least 6 members, or upon call of the Governor [110 ILCS 205/4].  All Board meetings shall be conducted in accordance with the Open Meetings Act [5 ILCS 120/1.01].

 

e)         Eight members of the Board shall constitute a quorum at all its meetings [110 ILCS 205/4].  Pursuant to Section 2.01 of the Open Meetings Act, all Board members physically present at two or more public locations during an interactive video conference of a meeting will count towards determining a quorum when one location is the Board's office in Springfield [5 ILCS 120/2.01].

 

f)         When a quorum is present, a majority of the votes cast is sufficient for the adoption of any motion that is in order, except for those specified in statute.  The majority of all the members of the Board is required for the approval of a new unit of instruction, research or public service for a public institution of higher education [110 ILCS 205/4] and for the approval of a plan for capital improvements of noninstructional facilities submitted by a State supported institution [110 ILCS 205/8].

 

g)        A Vice-Chairperson shall be elected by the Board. The Vice-Chairperson shall preside at all meetings in the absence of the Chairperson.  In the absence of the Chairperson and the Vice-Chairperson at any regular meeting, the members present shall designate one of those in attendance to serve as acting Chairperson for that meeting only.

 

(Source:  Amended at 39 Ill. Reg. 16387, effective December 9, 2015)




Section 5050.APPENDIX A   Organization Chart

 

Illinois Board of Higher Education

Board Secretary & Assistant to Executive Director

Executive Director

External Relations

Diversity & Outreach

Fiscal Affairs  &Budgeting

Academic Affairs

Information Management & Research

 

(Source:  Amended at 39 Ill. Reg. 16387, effective December 9, 2015)