TITLE 23: EDUCATION AND CULTURAL RESOURCES
SUBTITLE A: EDUCATION
CHAPTER II: BOARD OF HIGHER EDUCATION
PART 1095
PRIVATE BUSINESS AND VOCATIONAL SCHOOLS
SECTION 1095.10 INTRODUCTION
Section 1095.10 Introduction
The State of Illinois recognizes the importance and
significant public contributions of private schools offering occupational
training to its citizens. Effective February
1, 2012, the General Assembly has delegated responsibility for rulemaking and
for approving and monitoring these schools to the Board of Higher Education through
the Private Business and Vocational Schools Act of 2012 [105 ILCS 426]. That
Act provides for the establishment of rules and standards that schools and
individuals must meet prior to the issuance of original permits of approval and
the renewal of those permits.
 | TITLE 23: EDUCATION AND CULTURAL RESOURCES
SUBTITLE A: EDUCATION
CHAPTER II: BOARD OF HIGHER EDUCATION
PART 1095
PRIVATE BUSINESS AND VOCATIONAL SCHOOLS
SECTION 1095.20 INSTITUTIONS REQUIRED TO RECEIVE APPROVAL
Section 1095.20 Institutions Required to Receive
Approval
No person or groups of persons subject to the Act and
this Part may establish and operate or be permitted to become incorporated
for the purpose of operating a private business and vocational school without
obtaining from the Board a permit of approval, provided that a permit of
approval is not required for a program that is devoted entirely to religion or
theology or a program offered by an institution operating under the authority of
the Private College Act [110 ILCS 1005], the Academic Degree Act [110
ILCS 1010], or the Board of Higher Education Act [110 ILCS 205] (Section
20 of the Act).
a) "Private
business and vocational school" or "school" means:
1) An
educational institution privately owned or operated by a person,
partnership, corporation, or other entity offering courses of instruction for
which tuition is charged, whether such courses of instruction are offered on
site, through correspondence, by distance education, or by other methods, to
prepare individuals to do any of the following:
A) To follow a trade or artistic occupation.
B) To
pursue a manual, mechanical, technical, industrial, business, commercial,
office, personal service (other than nursing), or other non-professional
occupation.
C) To
follow a profession, if the profession is not subject to licensing or
registration under any existing State statute requiring the licensing or
registration of persons practicing such profession or if the school is not subject
to the regulation of the agency with such licensing or registration authority.
D) To
improve, enhance, or add to the skills and abilities of the individual relative
to occupational responsibilities or career opportunities. (Section 15 of
the Act)
2) A
school that has not provided instruction in any approval year and desires to
resume operations in Illinois. The school shall file a permit of approval
application and pay the permit of approval application fee.
3) A new
or additional non-degree program of study. The new or additional non-degree
program must be approved by the Board as well.
b) It does not mean an entity that receives a letter of exemption
from the Board, and re-certifies the exemption annually. The following are
eligible for an exemption:
1) Any institution devoted entirely to the teaching of religion
or theology (Section 30 of the Act).
2) Any in-service program of study and subject offered by an
employer, provided that no tuition is charged and the instruction is offered
only to employees of the employer (Section 30 of the Act).
3) Any educational institution that:
A) Enrolls a majority of its students in degree programs and
has maintained an accredited status with a regional accrediting agency that is
recognized by the U.S. Department of Education; or
B) Enrolls students in one or more bachelor-level programs,
enrolls a majority of its students in degree programs, and is accredited by a
national or regional accrediting agency that is recognized by the U.S.
Department of Education or that:
i) Is regulated by the Board under the Private College Act or
the Academic Degree Act or is exempt from such regulation under either the
Private College Act or the Academic Degree Act solely for the reason that the
educational institution was in operation on the effective date of either the
Private College Act or the Academic Degree Act; or
ii) Is regulated by the State Board of Education. (Section
30 of the Act)
4) Any institution and the franchisees of that institution that
exclusively offer a program of study in income tax theory or return preparation
at a total contract price of no more than $400, provided that the total annual
enrollment of the institution for all such courses of instruction exceeds 500
students and further provided that the total contract price for all instruction
offered to a student in any one calendar year does not exceed $3,000.
(Section 30 of the Act)
5) Any person or organization selling mediated instruction products
through a media, such as tapes, compact discs, digital video discs, or similar
media, so long as the instruction is not intended to result in the acquisition
of training as a credential for a specific employment field, is not
intended to meet a qualification for licensure or certification in an
employment field, or is not intended to provide credit that can be applied
toward a certificate or degree program. (Section 30 of the Act)
6) Any 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 to
obtain a permit of approval if the institution has no physical presence or a
limited physical presence in the State. In determining whether an
institution has a physical presence, the Board shall require all of the
following:
A) Evidence of authorization to operate in at least one other
state and that the school is in good standing with that state's authorizing agency
(Section 30 of the Act);
B) Evidence of accreditation by a body recognized by the
U.S. Department of Education and/or the Council for Higher Education
Accreditation;
C) Evidence that the school has a means of receiving and
addressing student complaints in compliance with any federal or state
requirements (Section 30 of the Act);
D) Evidence that the institution is providing no instruction in
this State (Section 30 of the Act);
E) 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 this State (Section 30 of the Act); and
F) Evidence
that the institution does not maintain a physical facility in Illinois.
7) An approved school that wants to add a course to an approved
program of study when the addition has a direct relationship to the existing
program and does not result in a significant change in curriculum, objectives
or resources for the program.
| TITLE 23: EDUCATION AND CULTURAL RESOURCES
SUBTITLE A: EDUCATION
CHAPTER II: BOARD OF HIGHER EDUCATION
PART 1095
PRIVATE BUSINESS AND VOCATIONAL SCHOOLS
SECTION 1095.30 DEFINITIONS
Section 1095.30 Definitions
"Ability
to benefit" means a standard for admission by which a student who does not
possess a high school diploma or GED has demonstrated that he or she can profit
materially or personally from a certain course of study through passage of an
ability to benefit test or alternative pathways that have been approved by the
U.S. Department of Education and administered in compliance with U.S.
Department of Education guidelines related to ability to benefit test policies
and procedures outlined in federal financial aid regulations.
"Act"
means the Private Business and Vocational Schools Act of 2012 [105 ILCS 426].
"Board"
means the Board of Higher Education established under the Board of Higher
Education Act [110 ILCS 205] or its Division of Public Business and
Vocational Schools (Section 15 of the Act). In those cases in which the term
is used to refer to prior approval or lack of prior approval for a school
application prior to February 1, 2012, the term "Board" shall mean
the State Board of Education or State Superintendent of Education.
"Certificate
of completion" or "certificate" means any designation,
appellation, series of letters or words, or other symbol that signifies or
purports to signify that the recipient thereof has satisfactorily completed a private
business and vocational school's program of study that is beyond the secondary
school level, but not a post-secondary degree program at the associate,
baccalaureate, master's, doctoral, or post-baccalaureate, professional degree
level. (Section 15 of the Act)
"Chief
managing employee" is the individual who is the head administrator or
supervisor at a school's principal location. (Section 15 of the Act)
"Classroom
extension" means the school has existing approval or is seeking additional
Board approval to offer an existing program of study at a location other than
the school's principal location.
"Conviction"
includes a conviction by a plea of guilt, finding of guilt, jury verdict, entry
of judgment or sentencing of either a felony or a criminal offense as specified
in Section 1095.40 of these rules that has not been sealed, expunged or
reversed by a higher court.
"Educational
institution" or "institution" means an organization that
promotes business and vocational education, even though the institution's
principal effort may not be exclusively educational in nature. (Section 15
of the Act)
"Enrollment
agreement" means any agreement or instrument, however named, that creates
or evidences an obligation binding a student to purchase a program of study
from a school. (Section 15 of the Act)
"Faculty" means any individual or group of individuals who are
qualified by education and experience to give expert instruction and evaluation
in their specialties, to supervise curricular experiences, and to evaluate
learning for credit.
"Institution
size" means the total number of students enrolled in the school during a
fiscal year (i.e., July 1 to June 30 of the following year).
"Mediated instruction" means, for the purposes of this Part,
the delivery of instruction from a distance facilitated by technology, such as
via teleconferencing, video-conferencing, or internet.
"Non-degree program of
study" or "program of study" means any designation, appellation,
series of letters or words, or other symbol that signifies or purports to
signify that the recipient has satisfactorily completed an organized academic
program of study beyond the secondary school level, such as a certificate, but
below the associate's degree level and that does not include any recognized
degree program such as an associate's, baccalaureate, master's, or doctoral
degree, a post-baccalaureate, professional degree, or a post-degree
certificate,
such as a
post-baccalaureate certificate, post-master's certificate, or post-doctoral
certificate. (Section 15 of the Act)
"Out-of-state school" means an institution described in this
Part that is not otherwise exempted from approval and meets one of the
following:
Private
corporation, limited liability company, or other entity that is initially
incorporated or organized under domestic laws other than the laws of this
State, if required, and initially operated outside the State; or
Not-for-profit
corporation, limited liability company, or other entity that maintains its
primary place of business or home office outside this State.
"Permit
of approval" means a non-transferable permit, issued by and pursuant to
the authority of the Board of Higher Education through its Division of Private
Business and Vocational Schools to a private business and vocational school in
the name of the school, that authorizes the school to solicit students and to
offer and maintain one or more courses of instruction in compliance with the
provisions of the Act and such standards and rules as may be adopted by
the Board in this Part. (Section 15 of the Act)
"Program
of study" as used in this definition means any academic program beyond the
secondary school level, except for a program that is devoted entirely to
religion or theology, a program offered by an institution operating under the
authority of the Private College Act, the Academic Degree Act, or the Board of
Higher Education Act, or a program of study of less than one year in length
operating under the statutory authority granted to the Department of Financial
and Professional Regulation. (Section 15 of the Act)
"Tuition"
means, solely for the purposes of this Part, the total cost of the course of
instruction and all other fees for services and facilities furnished or made
available to the student by or through the school and/or third parties,
including, without limitation, corporate partners or donors, in connection with
a student's matriculation and study and completion of a non-degree program of
study, including all charges or expenditures made by the school and/or third parties,
including, without limitation, corporate partners or donors, for tuition, room
and board, books, materials, supplies, laboratory, shop and studio fees, and
other expenses.
"Unearned
prepaid tuition" means the amount paid to the school by a student or on
behalf of a student for which educational services have not yet been rendered.
For example, a student pays a school the total amount of $500 dollars prior to
the first day of class. In this scenario, the school initially holds $500 in
unearned prepaid tuition from that student. After 10% of the course is
completed, the school will hold $450 in unearned prepaid tuition from that
student. After 20% of the course is completed, the school will hold $400 in
unearned prepaid tuition from that student and so on.
(Source: Amended at 42 Ill. Reg. 151, effective December 19, 2017)
| TITLE 23: EDUCATION AND CULTURAL RESOURCES
SUBTITLE A: EDUCATION
CHAPTER II: BOARD OF HIGHER EDUCATION
PART 1095
PRIVATE BUSINESS AND VOCATIONAL SCHOOLS
SECTION 1095.40 CRITERIA FOR EVALUATION OF THE APPLICATION FOR A PERMIT OF APPROVAL
Section 1095.40 Criteria for Evaluation of the
Application for a Permit of Approval
The Board shall approve all
schools described in Sections 1095.20(a) and (b) that are not otherwise
exempted in Section 1095.20(d). The following standard criteria are
intended to measure the appropriateness of the stated educational objectives of
the educational programs of a given institution and the extent to which
suitable and proper processes have been developed for meeting those
objectives. Information related to the satisfaction of the approval criteria
outlined in Section 35 of the Act and this Part must be supplied to the
Board by institutions on forms provided by the Board. Additional information
may be requested by the Board to determine the institution's ability to satisfy
the criteria. (Section 35 of the Act)
a) Qualifications of Governing Board Members, Owners, and
Senior Administrators At a minimum, these individuals must be of good moral
character and have no felony criminal record. (Section 35 of the Act)
1) Governing board members, owners and senior administrators have
not been involved with a postsecondary educational institution that had
institutional authorization to operate in a State revoked during the past 7
years.
2) Governing board members, owners and senior administrators have
not controlled, managed, or been involved with a postsecondary educational
institution that has ceased operation during the past 7 years that did not
provide for the completion of programs by its students, did not provide tuition
refunds, and/or resulted in the loss of time or money for enrollees.
3) Governing board members, owners and senior administrators have
not knowingly falsified or withheld information from oversight agencies.
4) Governing board members, owners and senior administrators do
not have a prior conviction of a felony involving fraud, dishonesty, false
statement or some other element of deceit, untruthfulness or falsification.
5) The Board shall not regard the fact of a prior criminal
conviction as evidence of a lack of good moral character. In determining the
moral character of a governing board members, owners and senior administrators
on the basis of a prior criminal conviction, or that person's rehabilitation
following a felony conviction, the Board may consider:
A) the time
that has elapsed since the offense;
B) the bearing the criminal offense for which the governing board members,
owners and senior administrators was previously convicted will have on his or
her fitness or ability to perform one or more of his or her duties and
responsibilities;
C) any information produced by the governing board members, owners
and senior administrators with a prior conviction on his or her behalf in
regard to his or her rehabilitation, including, but not limited to, a
Certificate of Relief from Disabilities described in Section 5-5.5-10 of the
Unified Code of Corrections [730 ILCS 5] or Certificate of Good Conduct
described in Section 5-5.5-25 of the Unified Code of Corrections.
b) Qualifications of Faculty and Staff (Section 35 of the
Act)
1) The education, experience and other qualifications of faculty,
staff and instructors shall reasonably ensure that the students will receive
education consistent with the objectives of the program of study.
2) The faculty, staff and instructors of the school shall be of
good professional reputation and character.
3) Schools are required to submit faculty credentials required
for teaching a program of study as part of the submission for institution's approval. Faculty do not
have to be approved by the Board prior to the start of the instructional
period. Individual faculty hires and their appropriate qualification will be
submitted by the institution during designated reporting periods and need not
be submitted prior to teaching the course. Failure to hire faculty according
to the credentials outlined by the institution may be grounds for revocation of
the permit of approval.
c) Demonstration of Student Learning and Quality of Program Delivery
(Section 35 of the Act)
1) Schools
must show the capacity to develop, deliver and support academic programs.
Procedures and policies that will assure the effective design, conduct and
evaluation of the certificate program under the academic control of the school
must be developed. Assessment plans must demonstrate that the school has
identified clear and appropriate program and student learning goals and must
have defined appropriate outcomes. Appropriate data must be collected and may
be requested by the Board to show the level of student learning that has
occurred as a result of participation in the school's programs of study.
2) Adequate records shall be maintained by the school to show
attendance, progress or grades, and consistent standards should be enforced
relating to attendance, progress and performance.
3) Upon satisfactory completion of the program of study, the
student shall be given the appropriate certificate by the institution,
indicating that a specifically approved course of instruction or study has been
satisfactorily completed by the student.
d)
Sufficiency of Institutional Finances (Section 35 of the Act)
The school
should be financially stable and capable of assuring the revenues needed for
meeting stated objectives and fulfilling commitments to students.
e) Accuracy, Clarity, and Appropriateness of Program Descriptions
Institutional
promotional, advertising, and recruiting materials must be clear, appropriate,
and accurate. (Section 35 of the Act)
1) Prior
to the issuance of a permit of approval by the Board, no person or organization
shall advertise a school or any program of study or solicit prospective
students unless the person or organization has applied for and received from
the Board authorization to conduct that activity. If the Board has
authorized the activity, all advertisements or solicitations must
reference the Board's approval by stating that the school is approved by the
"Division of Private Business and Vocational Schools of the Illinois Board
of Higher Education". (Section 65 of the Act)
2) Schools
are required to submit information about the recruiting process and the information
provided to students as a part of the submission for the school's approval.
Individual recruiters do not have to be approved by the Board prior to the
start of the employment period. Individual recruiters hired and their
appropriate qualifications will be submitted by the institution during
designated reporting periods and need not be submitted prior starting
employment. The actions of the recruiters are the responsibility of the
institution. Failure to adhere to the information about the recruiting process
and the information provided to students outlined by the institution in the
application process may be grounds for revocation of the permit of approval.
3) The
Board, at any time, may require that a school furnish proof to the Board of any
of its advertising claims. If proof acceptable to the Board cannot be
furnished, a retraction of the advertising claims, published in the same manner
as the claims themselves, must be published by the institution and continuation
of that advertising shall constitute cause for revocation of the institution's
permit of approval.
4) For
schools requiring approval, the objectives for the school and its programs of
study must be consistent with what the school name and program titles imply.
A) The
term "university" shall only be used in the name of an institution of
higher education when the institutional structure includes two or more distinct
colleges (e.g., College of Business, College of Education, and College
of Liberal Arts and Sciences) providing instruction at the baccalaureate and
graduate levels, and is involved in public service activities, scholarship and
research.
B) The
term "college" shall only be used to refer to a school providing
instruction at the postsecondary level.
C) Program
names shall adhere to the Classification of Instructional Programs (CIP)
developed by the National Center for Educational Statistics.
f) Sufficiency of Facilities and Equipment
At a
minimum, these must be appropriate and must meet applicable safety code
requirements and ordinances. (Section 35 of the Act)
1) The school shall have adequate and suitable space, equipment
and instructional materials to provide education of suitable quality.
2) The school shall be maintained and operated in compliance with
all pertinent local, State and national ordinances and laws.
g) Fair and Equitable Refund Policies
At a
minimum, these must be fair and equitable, must satisfy any related State or
federal rules, and must abide by the standards established in the Act
and this Part. (Section 35 of the Act)
1) The Board shall establish minimum standards for a fair and
equitable refund policy that must be applied by all institutions subject to the
Act (Section 60 of the Act).
2) The same refund policy must be applied to all students even
if they are not eligible for federal financial aid (Section 60 of the Act).
3) Schools that are accredited by an accrediting body
recognized by the U.S. Department of Education and approved to participate in
offering Federal Title IV student financial aid may apply the required federal
refund policy as long as the same policy is applied to all students even if
they are not eligible for federal financial aid (Section 60 of the Act).
h) Appropriate and Ethical Admissions and Recruitment Practices
At a
minimum, recruiting practices must be ethical and abide by any State or federal
rules. (Section 35 of the Act)
1) Neither the school nor its agents shall engage in advertising,
sales, collection, credit or other practices of any type that are false,
deceptive, misleading or unfair.
2) Schools
and agents shall not:
A) Use a photograph or other such illustration in public
documents, sales literature or otherwise in such a manner as to convey a false impression
as to size, importance or location of the institution or equipment and
facilities associated with the institution;
B) Make a deceptive statement concerning other institutional
activities in attempting to enroll students;
C) Quote a dollar amount, other than the average starting salary
for all school graduates employed during the most recent reporting period as
specified in Section 1095.240(d) pursuant to Section 37 of the Act, in any
advertisement as representative or indicative of the earning potential of
graduates;
D) State or represent that students will be guaranteed employment
while enrolled in the institution or that employment will be guaranteed for
students after graduation;
E) Misrepresent opportunities for employment upon completion of
any program of study;
F) State or represent that the programs and/or courses or exams
are transferable to another institution without current documentation by an
authorized official of the receiving institution.
i) Recognized Accreditation Status
Accreditation
with an accrediting body approved by the U.S. Department of Education may be
counted as significant evidence of the institution's ability to meet curricular
approval criteria. (Section 35 of the Act)
1) Any school applying for a permit of approval in the State of
Illinois must specify its accreditation status.
2) The school must have the appropriate accreditation if the
school offers a program in which professional qualification in a field is
necessary for a graduate to obtain employment.
3) In the case of a program requiring accreditation pursuant to
Section 1095.40(i)(2), an institution without accreditation from an accrediting
authority recognized by the U.S. Department of Education or the Council for
Higher Education Accreditation shall provide a clearly defined plan to move
from candidate to affiliate status. The plan should include the name of the
accrediting organization, the basic outline of the accreditation process, and
the projected time line for obtaining affiliate status within five years after
the date of Board approval, unless the Board waives the original time line
because it is found to be an unrealistic expectation.
j) Meeting Employment Requirements in the Field of Study (Section
35 of the Act)
1) The institution must clearly demonstrate how a student's
completion of the program of study satisfies employment requirements in the
occupational field. The information must be clearly and accurately
provided to students. (Section 35 of the Act)
2) If licensure, certification, or their equivalent is
required of program graduates to enter the field of employment, the institution
must clearly demonstrate that completion of the program will allow students to
achieve this status. (Section 35 of the Act)
k) Enrollment Agreements that Meet the Requirements Outlined
in the Act and this Part (Section 35 of the Act)
1) A copy of the enrollment agreement must be provided to the
Board. Enrollment agreements may be used by schools only if approved by the
Board. (Section 40 of the Act)
2) The Board shall develop a standard enrollment agreement for
use by schools approved or seeking approval under the Act and this
Part. Schools may create an enrollment agreement that meets the minimum
requirements of this Section and this Part, but it must be approved by
the Board prior to implementation. (Section 40 of the Act)
3) Enrollment agreements shall include, at a minimum, the
following:
A) A clear description of costs, refund policies, program
information and all disclosures required by the Act (Section
40 of the Act);
B) The Board's Internet website, the address and phone number
of the Board for students to report complaints, and any additional information
the Board may require by rule (Section 40 of the Act);
C) An explanation of all criteria and requirements for retention,
progress towards certificate, and graduation of the student;
D) The
institution's tuition, cancellation and refund policies;
E) A
statement of the purpose and amount of any fees assessed; and.
F) Information on warning, probation or any other type of
conditional status from an accreditor, licensure body, certifying entity, or federal/State
oversight agency.
4) If the school requires the student to sign an enrollment
agreement or a similar type of agreement with a different title, the document
must be distributed as follows:
A) The student must be given a copy of the enrollment agreement
at the time the student signs that agreement and at the time of the agreement's
acceptance, if those events occur at different times. (Section 40 of the
Act)
B) The school shall retain a signed copy of the fully executed
enrollment agreement as a part of the student's permanent record. (Section
40 of the Act)
5) No school may enter into an enrollment agreement in
which the student waives the right to assert against the school or any
assignee any claim or defense he or she may have against the school arising
under the agreement. Any provisions in an enrollment agreement in which
the student agrees to such a waiver shall be rendered void. (Section
40 of the Act)
6) No school may have an enrollment agreement that requires
that a student register for more than a single semester, quarter, term, or
other such period of enrollment as a condition of the enrollment nor shall any
school charge a student for multiple periods of enrollment prior to completion
of the single semester, quarter, term, or other such period of enrollment.
(Section 35 of the Act)
l) Clearly Communicated Tuition and Fee Charges (Section
35 of the Act)
1) Tuition and fees and any other expense charged by the
school must be appropriate to the expected income that will be earned by
graduates. (Section 35 of the Act)
2) No school may have a tuition policy that requires that a
student register for more than a single semester, quarter, term, or other such
period of enrollment as a condition of the enrollment nor shall any school charge
a student for multiple periods of enrollment prior to completion of the single
semester, quarter, term, or other such period of enrollment. (Section
35 of the Act)
m) Legal Action Against the Institution, Its Parent Company, Its
Owners, Its Governing Board, or Its Board Members
Any such
legal action must be provided to the Board and may be considered as a reason
for denial or revocation of the permit of approval. (Section 35 of the Act)
n) Investigations and/or adverse actions by federal or State
regulatory agencies, accrediting bodies, licensing boards, or certification
entities against the Institution, Its Parent Company, Its Owners, Its Governing
Board, or Its Board Members must be provided to the Board and may be considered
as a reason for denial or revocation of the permit of approval
o) The school shall provide a current catalog or brochure, either
in print or electronically, to each prospective student prior to enrollment. If
a school maintains a website, the current catalog must appear on the website. Upon
request, the school shall provide a catalog or brochure without gathering
personal information from an individual unless that information is
volunteered. The catalog or brochure shall contain the following:
1) Descriptions of the programs offered, program objectives,
lengths of program and institutional calendars with program start and end
dates;
2) Schedule of tuition, fees and all other charges and expenses
necessary for completion of the course of study, and cancellation and refund
policies;
3) Student success data as required pursuant to Section 37 of the
Act and this Part and any data to satisfy Board reporting requirements;
4) A statement of the institution's accreditation status with a
U.S. Department of Education recognized accrediting body. If no such
accreditation exists, the institution must prominently state this in its
advertising and published materials;
5) Statements regarding the transferability of a certificate to
other institutions of higher education and the importance of consulting with
institutions to which the student may seek to transfer;
6) Evidence of articulation arrangements with institutional
counterparts, when these arrangements exist;
7) Other material facts concerning the institution and the
program or course of instruction as are likely to affect the decision of the
student to enroll, together with any other information specified by the Board
and defined in this Part; and
8) Information on warning, probation or any other type of
conditional status from an accreditor, licensure body, certifying entity or
federal/State oversight agency.
(Source: Amended at 42 Ill. Reg. 151, effective December 19, 2017)
| TITLE 23: EDUCATION AND CULTURAL RESOURCES
SUBTITLE A: EDUCATION
CHAPTER II: BOARD OF HIGHER EDUCATION
PART 1095
PRIVATE BUSINESS AND VOCATIONAL SCHOOLS
SECTION 1095.50 PROCEDURES FOR OBTAINING A PERMIT OF APPROVAL
Section 1095.50 Procedures for Obtaining a Permit of
Approval
Each application required to be filed in accordance with
the provisions of the Act and this Part must be accompanied by
the required fee under the provisions of the Act and this Part,
and all such applications must be made on forms prepared and furnished by the
Board. (Section 20 of the Act)
a) The
school representatives shall complete the application supplied by the Board.
The application requests information and supporting evidence to demonstrate
that the school meets the criteria established.
b) If
an applicant school has not remedied all deficiencies cited by the Board within
12 months after the date of its original application for a certificate of
approval, an additional original application fee for the continued cost of
investigation of its application is added. (Section 75(6) of the Act)
c) Following
the receipt of the formal application, accompanying documentation, and
applicable fee, staff will review and analyze all materials.
d) If a
completed original application is rejected, the Board shall:
1) Issue
a written response specifying the reason for the rejection; or
2) Issue
a permit of approval only after the reasons for rejecting the application have
been removed.
e) If a
school is in disagreement with the Board's findings regarding its original
application, it may, within 30 business days after receipt of the application
deficiency report, petition the Board in writing for a reexamination of the
application. The petition shall include the reasons for disagreement with the
findings, and documentation and exhibits supporting the school's contentions of
approvability. If, based on the petition and reexamination of the application,
the Board finds and issues a report stating that the school still has not
fulfilled all requirements for approval, the school may make a written request
within 30 days after receipt of this report for an informal hearing to show why
it believes it has satisfied all application requirements. The request will be
granted within 60 days after receipt of that request. If, as a result of the
presentation by the applicant, the Executive Director determines that application
deficiencies cannot be resolved, the Executive Director shall call for a
hearing as provided in Section 85 of the Act, to refuse to issue a permit of approval;
or if it appears that the school can resolve application deficiencies within
the time limitations of subsection (b), the Executive Director shall allow the
applicant to continue efforts to remove application deficiencies, subject to
subsection (b) of this Section.
(Source:
Amended at 42 Ill. Reg. 151, effective December 19, 2017)
| TITLE 23: EDUCATION AND CULTURAL RESOURCES
SUBTITLE A: EDUCATION
CHAPTER II: BOARD OF HIGHER EDUCATION
PART 1095
PRIVATE BUSINESS AND VOCATIONAL SCHOOLS
SECTION 1095.60 CRITERIA FOR EVALUATION OF THE APPLICATION FOR A NEW PROGRAM
Section 1095.60 Criteria for Evaluation of the
Application for a New Program
The Board requires that a school
demonstrate that it can maintain and operate a new program that meets the
standard criteria for those programs. The following standard criteria are
designed to measure the appropriateness of the stated educational objectives to
the programs of a given school and the extent to which suitable and proper
processes have been developed for meeting those objectives:
a) All criteria defined in Section 1095.40 for evaluating an
application for a permit of approval shall apply.
b) The objectives of the program must be consistent with what the
program title implies.
c) The requested program shall be congruent with the purpose,
goals, objectives and mission of the school.
d) The caliber and content of the curriculum shall assure that
the stated objectives for which the program is offered will be achieved.
e) The school shall have adequate and suitable space, equipment
and instructional materials to provide education of suitable quality.
f) The education, experience and other qualifications of
directors, administrators, supervisors and instructors shall ensure that the
students will receive education consistent with the objectives of the program.
g) The information the school provides for students and the
public shall accurately describe the programs offered, program objectives,
length of program, schedule of tuition, fees and all other charges and expenses
necessary for completion of the course of study, cancellation and refund
policies, and such other material facts concerning the school and the program
or course of instruction as are likely to affect the decision of the student to
enroll. This information, including any enrollment agreements or similar
agreements, shall be available to prospective students prior to enrollment.
h) Fiscal and personnel resources shall be sufficient to permit
the school to meet obligations to continuing programs while assuming additional
resource responsibilities for the new program.
i) The faculty, staff and instructors of the school shall be of
good professional reputation and character.
| TITLE 23: EDUCATION AND CULTURAL RESOURCES
SUBTITLE A: EDUCATION
CHAPTER II: BOARD OF HIGHER EDUCATION
PART 1095
PRIVATE BUSINESS AND VOCATIONAL SCHOOLS
SECTION 1095.70 REQUIREMENTS FOR TECHNOLOGICALLY MEDIATED INSTRUCTION OFFERED FROM A DISTANCE
Section 1095.70 Requirements
for Technologically Mediated Instruction Offered from a Distance
In addition to meeting other requirements in Section
1095.60, programs offered through electronically mediated distance learning
must, at a minimum, meet the following requirements:
a) The
institution assures adequacy of technical and physical plant facilities,
including appropriate staffing and technical assistance, to support its
electronically offered programs.
b) The
institution provides students, faculty and staff with effective technical
support and training for each educational technology hardware, software and
delivery system required in a program. The help desk function is available to
students during hours when it is likely to be needed, which shall be, at a
minimum, 18 hours a day.
c) Appropriate
measures for security of systems and adequacy of support are maintained. The
selection of technologies is based on appropriateness for the students, faculty
and curriculum.
d) Faculty
are full participants in decisions regarding curricula and program oversight.
e) Demonstration
of student learning and program outcomes is appropriate to the field and
consistent regardless of program delivery method.
f) Appropriate
admission processes, policies and assessments are used to ensure that students
are capable of succeeding in an on-line learning environment. Students are
adequately informed of the nature and expectations of on-line learning.
g) Assessments
of student learning, especially exams, take place in circumstances that include
definite student identification and assurance of the integrity of student work.
h) Assessment
of electronically offered programs by the institution occurs in the context of
the regular evaluation of all academic programs.
| TITLE 23: EDUCATION AND CULTURAL RESOURCES
SUBTITLE A: EDUCATION
CHAPTER II: BOARD OF HIGHER EDUCATION
PART 1095
PRIVATE BUSINESS AND VOCATIONAL SCHOOLS
SECTION 1095.80 PROCEDURES FOR OBTAINING APPROVAL TO OFFER ONE OR MORE NEW CERTIFICATES
Section 1095.80 Procedures
for Obtaining Approval to Offer One or More New Certificates
The Board shall approve all new
programs of study in institutions described in Section 1095.20(a) that are not
otherwise exempted in Section 1095.20(d). Following is a description of the
steps in the approval process:
a) New Program Request
1) The school requesting permission to offer a new program or
re-establish a program not offered in the last approval year will complete an
application provided by the Board.
2) Information to be provided by the school shall include:
A) Program titles and descriptions;
B) Program objectives;
C) Curriculum;
D) Relationship of new programs to existing programs;
E) Faculty;
F) Recommendation of internal governance bodies;
G) Facilities;
H) Finances; and
I) Program publicity information.
b) Staff Analysis
Following
receipt of the application, staff will review and analyze the application and
documentation submitted.
c) Additional Documentation and Site Visit
In the case of
a proposed new program for which staff determines it is necessary to verify or
supplement the information supplied in the application, the staff may request
additional written documentation and/or arrange for a site visit.
d) Outside Consultants
The Executive
Director of the Board, at his or her discretion, may utilize the services of
outside consultants to assist the staff in a site visit and in the evaluation
of the documentation submitted.
e) Staff Report
Following the
analysis, staff will summarize its findings and develop a recommendation
regarding the new program request. This recommendation will be shared with the
applicant. This recommendation will be one of the following:
1) That the program be approved to admit students, with the
appropriate certificates being awarded upon program completion; or
2) That the approval requested not be granted.
f) New Application
Any school
denied approval to award a new certificate must file a new application in order
to be given subsequent consideration for approval.
g) Advertising of Programs
1) Advertisements or solicitations must reference the Board's
approval by stating that the school is approved by the "Division of
Private Business and Vocational Schools of the Illinois Board of Higher
Education" (Section 65 of the Act).
2) A
school may state that it is approved to award a certificate in the State of Illinois only after that approval has been officially granted and received in writing from
the Board.
3) A
school shall not advertise or state in any manner that it is
"accredited" by the Board to award certificates.
4) No
school shall publish or otherwise communicate to prospective students, faculty,
staff or the public misleading or erroneous information about the
certificate-granting status of a given school.
(Source:
Amended at 42 Ill. Reg. 151, effective December 19, 2017)
| TITLE 23: EDUCATION AND CULTURAL RESOURCES
SUBTITLE A: EDUCATION
CHAPTER II: BOARD OF HIGHER EDUCATION
PART 1095
PRIVATE BUSINESS AND VOCATIONAL SCHOOLS
SECTION 1095.90 CHANGE OF LOCATION
Section 1095.90 Change of
Location
A school must have approval prior to operating at a
location and must make application to the Board for any change of location.
(Section 20 of the Act)
a) A
school shall notify the Board at least 30 calendar days in advance of any
change of its principal location. It shall file an application on forms
provided, pay the fee specified in Section 1095.120, and secure approval prior
to operating at the new location.
b) Included in the
application for change of location shall be the following:
1) The
address and telephone number of the new location;
2) Assurance
that the site will be operated in accordance with the school's policies and
guidelines as previously submitted to the Board;
3) Inventories
of instructional equipment if different from those previously submitted to the
Board;
4) Floor
and training ground plans showing space is available for the school to deliver
programs in accordance with this Part;
5) Certificate
of liability coverage or a rider indicating coverage of the new site;
6) Documentation
that the new site meets local health and safety requirements (e.g., fire
marshal reports, occupancy certificates, public health certificates);
7) Documentation
of school surety bond coverage for the site (i.e., the surety bond indicating
coverage of the site in the amount required by this Part);
8) A
copy of the new or revised catalog or a copy of the supplement to the catalog
that gives a description of the new site and its address;
9) The
academic calendar for the new location.
c) A
school shall notify the Board when it is prepared for a visit to the site of
any changed location of the school, which shall be conducted prior to the Board's
issuing a permit of approval.
| TITLE 23: EDUCATION AND CULTURAL RESOURCES
SUBTITLE A: EDUCATION
CHAPTER II: BOARD OF HIGHER EDUCATION
PART 1095
PRIVATE BUSINESS AND VOCATIONAL SCHOOLS
SECTION 1095.100 CLASSROOM EXTENSION
Section 1095.100 Classroom
Extension
A school must have approval prior to operating at a
location and must make application to the Board for a classroom extension at a
new or changed location. (Section 20 of the Act)
a) A
school shall be permitted to provide instructional services at locations other
than its principal location only upon filing a separate application for
approval of each classroom extension and payment of the application fee
specified in this Part. There shall be no instruction conducted at any
extension site without the Board's written approval of the site. If
instruction has been conducted at the extension site during the previous
approval year, the school shall make application for continued approval of the
site with its annual renewal application.
b) The
approval year for extensions shall coincide with that of the original
application or any renewal applications.
c) Included
in the original application for each extension shall be the following:
1) The
address and telephone number of the extension site;
2) The
name, business address and telephone number of the site administrators during
hours of instruction;
3) Inventories
of instructional equipment;
4) Facility
plans showing space is available for the school to deliver programs in
accordance with Sections 1095.40 and 1095.60;
5) Certificate
of liability insurance coverage for the site or a rider to the certificate
indicating site coverage;
6) Documentation
verifying that the site meets local health and safety requirements (e.g., fire
marshal reports, occupancy certificates, public health certificates);
7) Descriptions
of the specific courses of instruction to be offered;
8) Projected
enrollment figures;
9) Description
of the plans and procedures for ensuring supervision during the hours that
instruction is being given and students are present;
10) A
list of all faculty and the subjects they are assigned to teach;
11) Verification
of qualification of faculty and administrators pursuant to requirements in
Sections 1095.40 and 1095.60;
12) Indication
of surety bond coverage for the site (i.e., the surety bond indicating coverage
of the site in the amount required in Section 1095.210);
13) A
copy of the new or revised catalog or a copy of the supplement to the catalog that
gives information on the extension site; and
14) Copies
of advertising materials to be used for the extension site.
d) A
school shall have written policies and procedures for the administration and
control of its extensions that describe provisions for continuous:
1) Supervision
and control of activities at the site during its hours of operation; and
2) Evaluation
of instructional activities at the site.
e) If an
administrator appointed under this Part is not at the site when students are
present and instruction is being given, the policies and procedures shall
provide for an administrator to be immediately on call to answer student and
faculty questions and give direction for any contingencies that may occur. The
school shall furnish students and faculty with the name, address and telephone
number of the extension administrator.
f) The
Board will deny or revoke approval of an extension if it is found that the
extension's instructional program is not comparable to that provided at the
principal location or other extension sites, or a school has not provided
instruction at the extension site during the previous year, unless the school
presents the Board with plans for correction of the problem.
g) A
school shall notify the Board at least 30 days prior to closure of any
extension during any approval year.
(Source:
Amended at 42 Ill. Reg. 151, effective December 19, 2017)
| TITLE 23: EDUCATION AND CULTURAL RESOURCES
SUBTITLE A: EDUCATION
CHAPTER II: BOARD OF HIGHER EDUCATION
PART 1095
PRIVATE BUSINESS AND VOCATIONAL SCHOOLS
SECTION 1095.110 CHANGE OF OWNERSHIP
Section 1095.110 Change of
Ownership
Whenever a change of ownership of a school occurs, an
application for a permit of approval for the school under the changed ownership
must immediately be filed with the Board. Permits of approval are not transferable.
(Section 20 of the Act)
a) A
school shall send a notification letter to the Board within 10 business days after
a change in ownership.
b) Following
a change of ownership, the new owners must obtain a permit of approval in order
to operate the school.
c) When
a school has a change of ownership that is 50 percent or more of the school's
stock or assets in one or a series of transactions occurring within a three
year period, it shall file a permit of approval application within 60 days
pursuant to Section 1095.50 with the fee specified in Section 1095.120. The
school is in compliance during the 60-day period prior to filing and compliance
will continue after the date of filing until the Board makes a final decision.
d) The
Board will review the application for change of ownership and, upon determining
that the application is complete and the school is in compliance with the Act
and Sections 1095.40 and 1095.50, issue a permit of approval.
| TITLE 23: EDUCATION AND CULTURAL RESOURCES
SUBTITLE A: EDUCATION
CHAPTER II: BOARD OF HIGHER EDUCATION
PART 1095
PRIVATE BUSINESS AND VOCATIONAL SCHOOLS
SECTION 1095.120 SCHOOL APPLICATION AND RENEWAL FEES
Section 1095.120 School
Application and Renewal Fees
Each school and each of the
non-degree programs of study offered by the school shall be approved for 5
years, subject to the terms and conditions of approval, including without
limitation the submission of required reporting and the payment of required charges
and fees under the provisions of Section 75 of the Act and this Part,
and compliance with any other requirements in the Act and this Part.
(Section 50 of the Act)
a) Fees
Section 75 of the Act authorizes
the Board to set fees. Fees are assessed in connection with school
applications for the permit of approval, annual renewal of permit of approval,
change of ownership, new program of study, change of location, and classroom
extension.
1) Application
Fees
The fees are based on the
institution size as outlined in subsection (a)(2).
A) Permit
of approval. This is the initial fee for the application for approval.
Schools shall re-apply for the permit every 5 years. (See Sections 1095.20 and
1095.40.)
i) A
fee will be accessed when an institution applies for a letter of exemption from
the Board and re-certifies the exemption annually. (See Section 1095.20.)
ii) There
will be a late fee assessed for Fifth Year Permit of Approval applications
submitted up to 30 days after the due date. Fifth Year Permit of Approval
applications over 30 days late will not be accepted.
B) Annual
renewal. This fee is paid in each of the 4 years following the issuance of a
permit of approval. (See Section 1095.200.)
There will be a late fee assessed
for Annual Renewal applications submitted up to 30 days after the due date.
Annual Renewal applications over 30 days late will not be accepted.
C) New
program of study. This fee is submitted with the application when an approved
school requests approval of a new or additional non-degree program of study. (See
Sections 1095.60, 1095.70 and 1095.80.)
i) A
fee will be assessed for changes made to an approved program.
ii) If a
school is found to have offered a program of study prior to Board approval, a
penalty fee will be assessed.
D) Change
of ownership. This is the fee to submit with an application for a permit of
approval whenever there is a change of ownership of an approved school. (See
Section 1095.110.)
E) Change
of location. This is the fee to submit with the application for a change of
location prior to moving the approved school's principal location. (See
Section 1095.90.) If a school is found to have relocated prior to Board approval,
a penalty fee will be assessed.
F) Classroom
extension. This fee is submitted with the application to expand the offering
of instructional services at locations other than its principal location. (See
Section 1095.100.) If a school is found to have opened an extension site prior
to Board approval a penalty fee will be assessed.
2) Schedule
of Fees
|
|
|
Institution Size
|
|
|
< 100 Students
|
100-399 Students
|
400-700 Students
|
> 700 Students
|
|
Permit of
Approval
|
$
1,000
|
$
2,000
|
$
4,000
|
$
5,000
|
|
Exemption
Fee
|
250
|
250
|
250
|
250
|
|
5th
Year Permit of Approval
|
1,000
|
2,000
|
4,000
|
5,000
|
|
Late Fee
|
250
|
500
|
750
|
950
|
|
Annual Renewal
|
500
|
1,000
|
2,000
|
3,000
|
|
Late Fee
|
250
|
500
|
750
|
950
|
|
New Program of Study
|
350
|
650
|
1,300
|
1,750
|
|
Program change
|
150
|
150
|
150
|
150
|
|
Penalty Fee
|
500
|
750
|
1,000
|
1,250
|
|
Change of Ownership
|
1,000
|
2,000
|
4,000
|
5,000
|
|
Change of Location
|
250
|
450
|
775
|
1,000
|
|
Penalty Fee
|
500
|
750
|
1,000
|
1,250
|
|
Classroom Extension
|
350
|
650
|
1,250
|
1,750
|
|
Penalty Fee
|
500
|
750
|
1,000
|
1,250
|
b) Remittance
1) Fees
shall be submitted as check, certified check, cashier's check or money order
payable to the Illinois Board of Higher Education.
2) The
Board shall return fees if, after further investigation, the Board determines
that the institution's request does not require Board approval. This does not
apply to the application for a letter of exemption from the Board. No refund
shall be awarded for any application that requires Board approval and has been
reviewed by Board staff. Applications withdrawn by the institution shall
receive no refund.
3) Fees
shall be submitted to:
Illinois Board of
Higher Education
Division of
Private Business and Vocational Schools
1 N. Old State
Capitol Plaza, Suite 333
Springfield IL
62701
c) Processing
1) Applications
submitted to the Board with insufficient fees shall be considered incomplete.
The Board will notify the institution of the amount due. No further action
shall be taken by the Board until the full amount due is submitted.
2) Applications
submitted to the Board with incorrect fees shall be considered incomplete. The
incorrect fee amount will be returned to the institution. No further action
shall be taken by the Board until the full and correct fee amount due is
submitted.
3) If
an applicant school has not remedied all deficiencies cited by the Board within
12 months after the date of its original application for a permit of
approval, an additional original application fee for the continued cost of
investigation of its application will be charged to the school (Section 75
(6) of the Act).
4) The
Board will not accept a new or additional application from an institution that
has been unwilling or unresponsive to prior requests for information from the
Board, unless the prior application is withdrawn by the applicant.
(Source:
Amended at 42 Ill. Reg. 151, effective December 19, 2017)
SUBPART B: MAINTENANCE OF APPROVAL
| TITLE 23: EDUCATION AND CULTURAL RESOURCES
SUBTITLE A: EDUCATION
CHAPTER II: BOARD OF HIGHER EDUCATION
PART 1095
PRIVATE BUSINESS AND VOCATIONAL SCHOOLS
SECTION 1095.200 ANNUAL RENEWAL
Section 1095.200 Annual Renewal
Information requested by the Board must be submitted
annually or, in special circumstances, at the request of the Board. Failure to
do so is grounds for immediate revocation of the permit of approval. Each
non-degree program of study must be approved by the Board as well. Regardless
of when the program was approved, all programs of study must be approved again
with the institutional approval at the end of the 5-year approval period or in
conjunction with an earlier review if so required under the Act or
this Part. The Board's Executive Director has the authority to order
any school subject to the Act to cease and desist operations if the
school is found to have acted contrary to the standards set forth in the
Act or this Part. (Section 50 of the Act)
a) A
school shall submit a renewal application each year for the 4 years following
the issuance of a permit of approval by the Board. An application for the
permit of approval is required in the last year of the 5-year period.
b) The
fees for the applications are set forth in Section 1095.120.
c) The
Board shall provide the forms to update the information previously submitted by
the school and that call for information that has not been reported by the
school since the filing of the application for the prior permit of approval.
d) The information shall
include:
1) An
alphabetical list of student names, addresses, and dates of admission by
course or course of instruction and a sample copy of each type of enrollment
agreement employed to enroll the students listed shall be filed with the
Board's Executive Director on an annual basis. The list shall be signed and
verified by the school's chief managing employee. (Section 37 of the
Act)
2) Student retention and graduation rates must be maintained
that are appropriate to standards in the field. A State licensing examination
or professional certification examination passage rate of at least 50% of the
average passage rate for schools within the industry for any State licensing
examination or professional certification examination must be maintained. In
the event that the school fails to meet the minimum standards, then that
school shall be placed on probation for one year. If that school's passage
rate in its next reporting period does not exceed 50% of the average passage
rate of that class of school as a whole, then the Board shall revoke the
school's approval for that program to operate in this State. Such
revocation also shall be grounds for reviewing the institution's approval to
operate. (Section 55 of the Act)
| TITLE 23: EDUCATION AND CULTURAL RESOURCES
SUBTITLE A: EDUCATION
CHAPTER II: BOARD OF HIGHER EDUCATION
PART 1095
PRIVATE BUSINESS AND VOCATIONAL SCHOOLS
SECTION 1095.210 SURETY BOND
Section 1095.210 Surety Bond
Each school shall provide evidence to the Board of a surety
bond to protect the interests of the students. The amount of the bond must
be sufficient to provide for the repayment of full tuition to all students enrolled
at the institution in the event of closure of the institution. Evidence of the
continuation of the bond must be filed annually with the Board. (Section 55
of the Act)
a) A
school shall supply the Board with a copy of a fully executed, continuous
surety bond written by a company authorized to do business in Illinois in an
amount sufficient to provide cumulative unearned prepaid tuition for the Illinois students enrolled at any one time. The amount shall be no less than $10,000.
b) The
school shall submit its projection of greatest amount of unearned prepaid
tuition with its initial application for a certificate and the actual amount,
based upon the record of the previous fiscal year, with each succeeding
application.
c) Should
the Board determine, after applying the provisions of this Section, that the
school must increase the amount of bond coverage, the school shall file a bond
rider acknowledging increased coverage within 30 calendar days after receipt of
the Board's notice requiring the increase.
d) In
the event of cancellation of the bond by a bonding company, the school shall
furnish a fully executed replacement bond to the Board within 30 calendar days after
the Board's receipt of the notice of cancellation.
e) The
bonding company shall, on the Board's request, provide reasons for bond
termination within 30 calendar days after the Board's receipt of notice of the
termination.
f) Termination
of the school's surety bond coverage without a replacement provided to the
Board prior to the cancellation date will result in revocation of the school's
permit of approval.
g) When
the school provides instruction at extensions, the surety bond or riders
attached to the bond shall indicate coverage for all Illinois students at all
sites where instruction is or will be given.
(Source:
Amended at 42 Ill. Reg. 151, effective December 19, 2017)
| TITLE 23: EDUCATION AND CULTURAL RESOURCES
SUBTITLE A: EDUCATION
CHAPTER II: BOARD OF HIGHER EDUCATION
PART 1095
PRIVATE BUSINESS AND VOCATIONAL SCHOOLS
SECTION 1095.220 LIABILITY INSURANCE
Section 1095.220 Liability Insurance
A school shall maintain continuous liability insurance from
a company authorized to do business in Illinois for the protection of the
school's students and employees at the school’s places of business and at
all classroom extensions, including any work-experience locations. (Section
55 of the Act)
a) The
liability insurance policy shall specify limits of liability of not less than
$100,000 per person and $300,000 per occurrence for bodily injury liability and
not less than $50,000 per occurrence for property damage liability.
b) The
insurance policy shall include coverage for off-campus learning experiences
such as student commercial employment as a part of the instructional program,
internships/externships, cooperative education, and experiential learning
activities, unless the school furnishes the Board a certificate of insurance
evidencing such coverage is being provided by the employer or other person
responsible for the off-campus learning experience.
c) The
school shall furnish the Board with a certificate of insurance that indicates
compliance with the minimum amounts of liability insurance required by this
Section.
1) The
insurance policy shall provide that the company issuing the policy must give
written notice to the Board at least 30 days prior to the effective date of a
cancellation.
2) If
the certificate does not so indicate, the insurer shall provide riders
verifying coverage at all sites where instruction is being, or will be, given
to Illinois students.
| TITLE 23: EDUCATION AND CULTURAL RESOURCES
SUBTITLE A: EDUCATION
CHAPTER II: BOARD OF HIGHER EDUCATION
PART 1095
PRIVATE BUSINESS AND VOCATIONAL SCHOOLS
SECTION 1095.230 LACK OF COMPLIANCE
Section 1095.230 Lack of Compliance
A school shall permit the Board's Executive Director or
his or her designees to inspect the school or classes from time to time with or
without notice and to make available to the Board's Executive Director or his
or her designees, at any time when required to do so, information, including,
financial information, pertaining to the activities of the school required for
the administration of the Act and this Part. (Section 55(8) of the
Act)
a) The
staff of the Board shall initiate an investigation upon receipt of a verified
written complaint and may initiate an investigation in response to oral or
written information concerning any of the following:
1) Alleged violation of any of the conditions governing issuance
of the permit of approval;
2) Alleged failure to comply with this Part;
3) Alleged fraudulent conduct on the part of any person operating
the institution or of any person, acting within the scope of his/her employment
by the institution, on account of which any student ever enrolled in the
institution has been injured or has suffered financial loss;
4) Loss,
suspension, probation or similar adverse action taken by an accrediting body
with which the institution is or was affiliated;
5) Actions
of federal or State regulatory agencies or Offices of Attorneys General,
Offices of Inspectors General, or similar bodies that affect an institution's
status with those bodies.
b) Whenever
an inspection or other information reveals lack of compliance with the Act or
this Part, the Board shall send the school a report of deficiencies. The
school shall have 10 days to respond to the report of deficiencies and report
on actions that have been taken to correct these deficiencies.
(Source:
Amended at 42 Ill. Reg. 151, effective December 19, 2017)
| TITLE 23: EDUCATION AND CULTURAL RESOURCES
SUBTITLE A: EDUCATION
CHAPTER II: BOARD OF HIGHER EDUCATION
PART 1095
PRIVATE BUSINESS AND VOCATIONAL SCHOOLS
SECTION 1095.240 DISCLOSURES
Section 1095.240 Disclosures
All schools shall make, at a
minimum, the disclosures required under Section 37 of the Act and this Part
clearly and conspicuously on their Internet websites. The disclosure shall
consist of a statement containing the following information for the most recent
12-month reporting period of July 1 through June 30 (Section 37 of the Act):
a) For each program of study, report:
1) The number of students who were admitted in the program as of
July 1 of that reporting period.
2) The number of additional students who were admitted in the
program during the next 12 months and classified in one of the following
categories:
A) New
starts;
B) Re-enrollments;
and
C) Transfers into the program from other programs at the school.
3) The total number of students admitted in the program during
the 12-month reporting period (the number of students reported under subsection
(a)(1) plus the total number of students reported under subsection (a)(2)).
4) The number of students enrolled in the program during the
12-month reporting period who:
A) Transferred out of the program and into another program at the
school;
B) Completed or graduated from a program;
C) Withdrew from the school;
D) Are still enrolled.
5) The number of students enrolled in the program who were:
A) Placed in their field of study;
B) Placed in a related field;
C) Placed out of the field;
D) Not available for placement due to personal reasons;
E) Not employed.
b) The number of students who took a State licensing
examination or professional certification examination, if any, during the
reporting period, as well as the number who passed. (Section 37 of
the Act)
c) The number of graduates who obtained employment in the
field who did not use the school's placement assistance during the reporting
period; such information may be compiled by reasonable efforts of the school to
contact graduates by written correspondence. (Section 37 of the Act)
d) The average starting salary for all school graduates
employed during the reporting period; this information may be compiled
by reasonable efforts of the school to contact graduates by written
correspondence. (Section 37 of the Act)
e) The following clear and conspicuous caption, set forth with
the address and telephone number of the Board's office: "COMPLAINTS
AGAINST THIS SCHOOL MAY BE REGISTERED WITH THE BOARD OF HIGHER EDUCATION".
(Section 37 of the Act) (See Section 1095.250.)
f) Information on warning, probation or any other type of
conditional status from an accreditor, licensure body, certifying entity or
federal/State oversight agency.
(Source: Amended at 42 Ill. Reg. 151, effective December 19, 2017)
| TITLE 23: EDUCATION AND CULTURAL RESOURCES
SUBTITLE A: EDUCATION
CHAPTER II: BOARD OF HIGHER EDUCATION
PART 1095
PRIVATE BUSINESS AND VOCATIONAL SCHOOLS
SECTION 1095.250 STUDENT COMPLAINTS
Section 1095.250 Student Complaints
Schools approved by the Board
must provide to the Board and each student the school's policy for
addressing student complaints. Included in this process, the school must
provide in its promotional materials and on its Internet website the Board's
address and Internet website for reporting complaints. (Section
55(2) of the Act)
a) Student complaints must be submitted in writing to the
Board (Section 85(i)(1) of the Act). Information about the complaint may
be submitted online through the IBHE website (www.ibhe.org). Additional
information regarding the complaint process can be obtained by contacting the
Board at:
Illinois Board of Higher Education
Division of
Private Business and Vocational Schools
1 N. Old State
Capitol Plaza, Suite 333
Springfield IL
62701
Phone Number:
(217) 782-2551
Fax Number:
(217) 782-8548
b) Board staff shall contact the school about the complaint by
registered mail or other appropriate notification. The school has 10 business
days to respond to the Board about the complaint. The Board shall provide a
resolution determination to the school. The school may request a hearing about
the proposed resolution within 10 business days after the delivery of the
complaint by registered mail or other appropriate notification. If the school
does not abide by the resolution determination, then the Board can issue a
cease and desist order to the school. If the school does not comply with the
cease and desist order, then the Board may revoke the school's permit of
approval. (Section 85(i)(2) of the Act)
c) The complaint may be forwarded to the institution's
accrediting body. (Section 85(i)(3) of the Act)
d) The Board shall annually issue a public report about the
complaints received. At a minimum, the report shall include the institution,
the nature of the complaint, and the current resolution status of the
complaint. No individual student shall be named in the report. (Section
85(i)(4) of the Act)
(Source: Amended at 42 Ill. Reg. 151,
effective December 19, 2017)
| TITLE 23: EDUCATION AND CULTURAL RESOURCES
SUBTITLE A: EDUCATION
CHAPTER II: BOARD OF HIGHER EDUCATION
PART 1095
PRIVATE BUSINESS AND VOCATIONAL SCHOOLS
SECTION 1095.260 CEASE AND DESIST ORDERS
Section 1095.260 Cease and Desist Orders
The Board's Executive
Director has the authority to order any school subject to the Act to
cease and desist operations if the school is found to have acted contrary to
the standards set forth in the Act and this Part. (Section 85
of the Act)
a) On
receipt of a cease and desist order, the school shall immediately cease and
desist from all sales, advertising, marketing and enrollment activities. It
shall report to the Board in writing within 15 days on actions that will be
taken to correct the deficiencies cited. The report shall include the dates for
completion of corrective activities.
b) The
Board shall notify the school in writing immediately when conditions relating
to issuance of the order have been rectified and the school is again eligible
to resume its normal sales, advertising, marketing and enrollment functions.
c) If
deficiencies noted by the Board are not corrected within 30 days following the Board's
receipt of the report, the Board shall proceed to a hearing to show why the
school's permit of approval should not be placed on probation, suspended or
revoked.
(Source: Amended
at 42 Ill. Reg. 151, effective December 19, 2017)
| TITLE 23: EDUCATION AND CULTURAL RESOURCES
SUBTITLE A: EDUCATION
CHAPTER II: BOARD OF HIGHER EDUCATION
PART 1095
PRIVATE BUSINESS AND VOCATIONAL SCHOOLS
SECTION 1095.270 SCHOOL CLOSING AND STUDENT TRANSCRIPTS
Section 1095.270 School Closing and Student
Transcripts
a) Notice Required
A school that is closing, either
voluntarily or involuntarily, shall send to the Board the following:
1) Notice
of the closure immediately by certified mail;
2) The
name, address and telephone number of the person who will be responsible for
closing arrangements;
3) The
name, address and telephone number and the name of the course of instruction
for each student who has not completed his or her course of instruction;
4) Information
on the amount of class time left for each student, to complete the course, with
the amount of refund, if any, for which each student is eligible;
5) Copies
of the written notice being mailed to all enrolled students, explaining the
procedures they are to follow to secure refunds or to continue their education;
and
6) Its
permit of approval, returned immediately by mail upon cessation of instruction
or termination of approved status.
b) Teach-Out Plan
When a
postsecondary educational institution now or hereafter operating in this State
proposes to discontinue its operation, that institution shall cause to
be created a teach-out plan acceptable to the Board, which shall fulfill the
school's educational obligations to its students. Should the school fail to
deliver or act on the teach-out plan, the Board is in no way responsible for providing
the teach-out. (Section 70 of the Act)
1) A
school shall have written plans designed to protect the contractual rights of
its students and graduates in the event the school closes or undergoes a change
of status (e.g., if the school changes location or if its permit of approval is
revoked), including the right to complete the course of instruction in which the
students or graduates enrolled.
2) If
students are receiving instruction prior to the school's closing, the school
shall file a plan including the information described in subsection (b)(2)(A)
with the Board to ensure that the school's students will continue to receive
training of the same quality and content as that for which they contracted, as
indicated in subsection (b)(2)(B).
A) Arrangements
for transferring students to a public or another approved private school shall
be filed with the Board prior to any student transfer.
B) Prior to
approving the school's arrangements for completing its teaching obligations to
students, the Board shall verify that students transferring will receive the
same kind of program and instructional services as those for which they
contracted.
c) Academic Records
In the
event a school proposes to discontinue its operations, the chief administrative
officer of the school shall cause to be filed with the Board the original or
legible true copies of all such academic records of the institution as may be
specified by the Board. (Section 70 of the Act)
1) Academic records include applications for enrollment and
supporting documents, enrollment agreements, transcripts and attendance records.
2) These records shall include, at a minimum, the academic
records of each former student that is traditionally provided on an academic
transcript, such as, but not limited to, courses taken, terms, grades, and
other such information. (Section 70 of the Act)
3) In the event it appears to the Board that any such records
of an institution discontinuing its operations is in danger of being lost,
hidden, destroyed, or otherwise made unavailable to the Board, the Board may
seize and take possession of the records, on its own motion and without order
of court. (Section 70 of the Act)
4) The Board shall maintain or cause to be maintained a
permanent file of records coming into its possession. (Section 70 of
the Act)
5) As an alternative to the deposit of records with the Board,
the institution may propose to the Board a plan for permanent retention of the
records that may include the transfer of records to a similar institution.
The plan must be put into effect only with the approval of the Board. (Section
70 of the Act)
6) If the institution is in possession of any record or material,
paper or electronic, that is not an academic record but contains personal
information, a term that is defined by Section 5 of the Illinois Personal
Information Protection Act [815 ILCS 530], the institution must retain a
document or material destruction company to destroy those documents or
materials, if permitted by the Family Educational Rights and Privacy Act (20
USC 1232g), in accordance with Section 40 of the Illinois Personal Information
Protection Act.
7) If, pursuant to the federal Family Educational Rights and
Privacy Act, the institution is required to retain any record or material that
is not an academic record but contains personal information, a term that is
defined by the Illinois Personal Information Protection Act, that institution
must retain those records or materials in accordance with Section 45 of that
Act.
8) The institution must send to the Board, the Illinois Attorney
General's Office − Privacy Unit, and the Department of Education designee
a certification that it has complied with its obligations under the federal Family
Educational Rights and Privacy Act and the Illinois Personal Information
Protection Act with respect to both academic records and non-academic records
or materials that contain personal information. The Board will provide the form
for certification after the institution has received a Permit of Approval.
9) If a State or federal law requires an institution to provide
greater protections to records or materials that contain personal information,
and the institution is in compliance with the provisions of that State or
federal law, the institution shall be deemed to be in compliance with Section
45 of the Illinois Personal Information Protection Act.
10) A violation of the Illinois Personal Information Protection
Act constitutes an unlawful practice under the Illinois Consumer Fraud and
Deceptive Practices Act [815 ILCS 505].
d) Refund Requirements
1) The school shall refund all tuition, fees and other charges if
the Board, in any situation in which students are receiving instruction prior
to a school's closing, determines that:
A) The school has not fulfilled its contractual obligations; or
B) A student has reasonable objections to transfer resulting from
the closing.
2) The school and its designated surety bonding company are
responsible for the return to students of all prepaid, unearned tuition. As
identified in Section 55 of the Act, the surety bond must be a written
agreement that provides for monetary compensation in the event that the school
fails to fulfill its obligations. The surety bonding company shall guarantee
the return to the school's students and their parents, guardians, or sponsors
of all prepaid, unearned tuition in the event of school closure. Should the
school or its surety bonding company fail to deliver or act to fulfill the
obligation, the Board is in no way responsible for the repayment or any related
damages or claims. (Section 70 of the Act) (See Section 1095.210 for
requirements of the surety bond.)
e) Transcript
Requests
1) The
Board is the custodian of records for student transcripts from closed private
business and vocational schools that have turned over their student records to
the Board.
2) The
Board shall maintain a list of the private business and vocational schools that
have closed and will publish the list on the Board website (www.ibhe.org).
3) A
student who attended a Board-approved school that has since closed shall use
the transcript request form and procedure developed by the Board along with the
applicable fees.
4) The
fee for a student transcript is $10 per copy and shall be submitted as check,
certified check, cashier's check or money order payable to the Illinois Board
of Higher Education.
5) Fees
shall be submitted to:
Illinois Board of
Higher Education
Division of
Private Business and Vocational Schools
1 N. Old State
Capitol Plaza, Suite 333
Springfield IL
62701
(Source:
Amended at 42 Ill. Reg. 151, effective December 19, 2017)
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
