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Public Act 098-0792 Public Act 0792 98TH GENERAL ASSEMBLY |
Public Act 098-0792 | SB3441 Enrolled | LRB098 19909 OMW 55128 b |
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| AN ACT concerning education.
| Be it enacted by the People of the State of Illinois,
| represented in the General Assembly:
| Section 1. Short title. This Act may be cited as the Higher | Education Distance Learning Act. | Section 5. Legislative declaration of public policy. In | recent years, distance education offered by institutions of | higher learning has been increasing, with such distance | education being offered on an interstate basis by many | institutions of higher learning. Often, students participate | in such education in states where the institution of higher | learning maintains no actual physical presence. Both the | regulation and the availability of institutions of higher | learning to participate in distance learning have been hampered | by multi-jurisdictional differences between the states and | uneven regulation among the states for the same programs. | Various multi-state compacts have addressed this problem by | creating a voluntary system of interstate reciprocity for | institutions of higher learning to streamline authorization | and regulations for institutions of higher learning that | voluntarily agree to participate in a reciprocity program. The | provision of such distance education is declared to affect the | public safety and welfare and to be subject to regulation and |
| control in the public interest. It is further the public policy | of this State that such a program of reciprocity be made | available on a voluntary basis to participating institutions of | higher learning and that any other institutions of higher | learning that choose not to participate continue to be | regulated under current laws and rules that govern distance | learning. | Section 10. Definitions. In this Act: | "Board" means the Board of Higher Education. | "Distance learning" means instruction offered by any means | where the student and faculty member are in separate physical | locations. It includes, but is not limited to, online, | interactive video or correspondence courses or programs. | "Home state" means the state that regulates a participating | institution and its distance learning programs. A state cannot | be the "home state" unless the institution of higher learning | either has a physical presence in that state or holds its | principal institutional accreditation in that state. | "Participation agreement" means the agreement that each | participating institution is required to sign and abide by in | order to take advantage of the reciprocity agreement.
| "Participating institution" means any institution of | higher learning that offers an associate's degree or higher, in | whole or in part, through distance learning and has voluntarily | or willingly entered into a participation agreement to be |
| regulated by a participating home state with respect to | institutional and program approval, complaints, and | institutional and program reviews. | "Physical presence" means on-going occupation of a | physical location for instructional purposes or maintenance of | an administrative office to facilitate instruction. | "State" means any state, commonwealth, district, or | territory of the United States that is a participant in good | standing in a state authorization reciprocity agreement.
| "State authorization reciprocity agreement" or | "reciprocity agreement" means a voluntary agreement that | establishes reciprocity between willing states for approval of | postsecondary educational services delivered by distance | learning beyond state boundaries. | Section 15. Authorization. The Board is authorized to | participate in a state authorization reciprocity agreement on | behalf of this State. The Board shall be the lead agency in | coordinating interstate reciprocity for distance learning for | participating institutions in this State. | Section 20. Illinois as the home state. If this State has | been designated as the home state for a participating | institution, then the Board shall approve, investigate, | authorize, monitor, and establish common standards, | reauthorize, establish, and investigate complaints, and attend |
| to other administrative matters involving distance learning, | including complaints from students and others in this State and | from other states where the participating institutions are | offering distance learning under a reciprocity agreement.
| Section 25. Illinois as the reciprocal state. If another | state has been designated as the home state, a participating | institution has received required approval, the participating | institution has no physical presence in this State, and the | participating institution does not hold its principal | institutional accreditation in this State, then the Board shall | allow such participating institution to offer distance | learning in this State under a participation agreement | authorized by this Act. The Board may not charge a fee for | granting such reciprocal distance learning approval. | However, if the participating institution has another home | state, but also has a physical presence in this State or has | its principal institutional accreditation in this State, the | Board may regulate the institution of higher learning and its | distance learning programs in this State and is not bound by | the reciprocity agreement.
| Section 30. Application of the Act. This Act applies only | to distance learning programs and does not affect other | approvals of institutions of higher learning or programs | required under the laws of this State, nor does it affect any |
| exemptions of institutions of higher learning or programs | granted by the laws of this State. However, except as required | in Section 25 of this Act, any participating institution that | remains eligible and in good standing under this Act is not | required to obtain any other approval for distance learning | required by State law, unless the institution of higher | learning withdraws and is removed from this reciprocity | program.
| Nothing in this Act shall be construed to affect the | authority of the Attorney General to enforce the Consumer Fraud | and Deceptive Business Practices Act and the federal Consumer | Financial Protection Act of 2010, as authorized by 12 U.S.C. | 5552. | Section 35. Fees. Fees to cover the cost of administration | and enforcement of this Act shall be set by the Board by rule. | Section 40. Distance Learning Fund. The Distance Learning | Fund is created as a special fund in the State treasury. All | fees collected for the administration and enforcement of this | Act shall be deposited into the Fund. All money in the Fund | shall be used, subject to appropriation, by the Board to | supplement support for the administration and enforcement of | this Act and may not be used for any other purpose. | Section 45. Student refund policy. The Board, by rule, |
| shall establish minimum standards for a fair and equitable | policy that governs refunds for students, which must be | required for all participating institutions subject to this | Act. | Section 50. Equitable treatment of students. Students who | are enrolled in institutions of higher learning governed by | this Act, either because they are residents of the home state | or because they are residents of participating reciprocal | states, and who receive services from the Board under this Act | are entitled to the same remedies, services, and redress under | this Act, regardless of their state of residency. | Section 90. Rules. The Board shall adopt rules for the | execution of the powers and duties delegated to it by this Act, | including, but not limited to, minimum standards for | institutions of higher learning. | Section 500. The State Finance Act is amended by adding | Section 5.855 as follows: | (30 ILCS 105/5.855 new) | Sec. 5.855. The Distance Learning Fund.
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Effective Date: 1/1/2015
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