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1 | AN ACT concerning education.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 1. Short Title. This Act may be cited as the Higher | ||||||||||||||||||||||||||
5 | Education Distance Learning Act. | ||||||||||||||||||||||||||
6 | Section 5. Legislative declaration of public policy. In | ||||||||||||||||||||||||||
7 | recent years, distance education offered by institutions of | ||||||||||||||||||||||||||
8 | higher learning has been increasing, with such distance | ||||||||||||||||||||||||||
9 | education being offered on an interstate basis by many | ||||||||||||||||||||||||||
10 | institutions. Often, students participate in such education in | ||||||||||||||||||||||||||
11 | states where the institution maintains no actual physical | ||||||||||||||||||||||||||
12 | presence. Both the regulation and the availability of | ||||||||||||||||||||||||||
13 | institutions to participate in distance learning have been | ||||||||||||||||||||||||||
14 | hampered by multi-jurisdictional differences between the | ||||||||||||||||||||||||||
15 | states and uneven regulation among the states for the same | ||||||||||||||||||||||||||
16 | programs. Various multi-state compacts have addressed this | ||||||||||||||||||||||||||
17 | problem by creating a voluntary system of interstate | ||||||||||||||||||||||||||
18 | reciprocity for institutions of higher learning to streamline | ||||||||||||||||||||||||||
19 | authorization and regulations for institutions of higher | ||||||||||||||||||||||||||
20 | learning that voluntarily agree to participate in a reciprocity | ||||||||||||||||||||||||||
21 | program. The provision of such distance education is hereby | ||||||||||||||||||||||||||
22 | declared to affect the public safety and welfare and to be | ||||||||||||||||||||||||||
23 | subject to regulation and control in the public interest. It is |
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1 | further the public policy of this State that such a program of | ||||||
2 | reciprocity shall be made available on a voluntary basis to | ||||||
3 | participating institutions of higher learning and that any | ||||||
4 | other institutions that choose not to participate shall | ||||||
5 | continue to be regulated under current laws and regulations | ||||||
6 | that govern distance learning. | ||||||
7 | Section 10. Definitions. In this Act: | ||||||
8 | "Board" means Board of Higher Education. | ||||||
9 | "Home state" means the state that regulates each | ||||||
10 | participating institution of higher learning and its distance | ||||||
11 | learning programs. A state cannot be the "home state" unless | ||||||
12 | the institution either has a physical presence in that state or | ||||||
13 | holds its principal institutional accreditation in that state. | ||||||
14 | "Institution of higher learning" or "institution" shall | ||||||
15 | have the meaning ascribed to it under Section 10 of the Higher | ||||||
16 | Education Student Assistance Act. | ||||||
17 | "Mediated instruction" means the delivery of instruction | ||||||
18 | at a distance facilitated by technology, such as by | ||||||
19 | teleconferencing, video-conferencing, or the Internet. | ||||||
20 | "Participation agreement" is the agreement that each | ||||||
21 | willing participating institution is required to sign and abide | ||||||
22 | by in order to take advantage of the reciprocity agreements | ||||||
23 | granted by other states.
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24 | "Participating institution" means any institution that | ||||||
25 | offers an associate degree or higher, in whole or in part, |
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1 | through distance learning and has voluntarily or willingly | ||||||
2 | entered into a participation agreement to be regulated by a | ||||||
3 | participating home state with respect to institutional and | ||||||
4 | program approval, complaints, and institutional and program | ||||||
5 | reviews. | ||||||
6 | "Physical presence" means on-going occupation of a | ||||||
7 | physical location for instructional purposes or maintenance of | ||||||
8 | an administrative office to facilitate instruction. | ||||||
9 | "State" means any state, commonwealth, district, or | ||||||
10 | territory of the United States that is a participant in good | ||||||
11 | standing in a state authorization reciprocity agreement.
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12 | "State authorization reciprocity agreement" or | ||||||
13 | "reciprocity agreement" means the voluntary agreement that | ||||||
14 | establishes reciprocity between willing states for approval of | ||||||
15 | postsecondary educational services delivered by distance | ||||||
16 | learning beyond state boundaries. | ||||||
17 | Section 15. Authorization. The Board is authorized to | ||||||
18 | participate in a state authorization reciprocity agreement on | ||||||
19 | behalf of this State. The Board shall be the lead agency in | ||||||
20 | coordinating interstate reciprocity for distance learning for | ||||||
21 | participating institutions in this State. | ||||||
22 | Section 20. Illinois as the home state. Where this State | ||||||
23 | has been designated as the home state for a participating | ||||||
24 | institution, the Board shall approve, investigate, authorize, |
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1 | monitor, and establish common standards, reauthorize, | ||||||
2 | establish, and investigate complaints, and attend to other | ||||||
3 | administrative matters involving distance learning, including | ||||||
4 | complaints from students and others in this State and from | ||||||
5 | other states where the participating institutions are offering | ||||||
6 | distance learning under a reciprocity agreement.
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7 | Section 25. Illinois as the reciprocal state. Where another | ||||||
8 | state has been designated as the home state, a participating | ||||||
9 | institution has received required approval, the participating | ||||||
10 | institution has no physical presence in this State, and the | ||||||
11 | participating institution does not hold its principal | ||||||
12 | institutional accreditation in this State, the Board shall | ||||||
13 | allow such participating institution to offer distance | ||||||
14 | learning in this State under a participating agreement | ||||||
15 | authorized by this Act. The Board shall charge no fee for | ||||||
16 | granting such reciprocal distance learning approval. | ||||||
17 | However, if the participating institution has another home | ||||||
18 | state, but also has a physical presence State or has its | ||||||
19 | principal institutional accreditation in this State, the Board | ||||||
20 | may regulate the institution and its distance learning programs | ||||||
21 | in this State and is not bound by this participating agreement.
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22 | Section 30. Application of the Act. This Act applies only | ||||||
23 | to distance learning programs and does not affect other | ||||||
24 | approvals of institutions or programs required under the law in |
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1 | this State, nor does it affect any exemptions of institutions | ||||||
2 | or programs granted by the law in this State. Except as | ||||||
3 | required in Section 25 of this Act, any participating | ||||||
4 | institution that remains eligible and in good standing under | ||||||
5 | this Act shall not be required to obtain any other approval for | ||||||
6 | distance learning required by Illinois law, unless the | ||||||
7 | institution withdraws and is removed from this reciprocity | ||||||
8 | program.
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9 | Section 35. Distance Learning Fund. The Distance Learning | ||||||
10 | Fund is created as a special fund in the State treasury. All | ||||||
11 | fees collected for the administration and enforcement of this | ||||||
12 | Act shall be deposited into the Fund. All money in the Fund | ||||||
13 | shall be used, subject to appropriation, by the Board to | ||||||
14 | supplement support for the administration and enforcement of | ||||||
15 | this Act and may not be used for any other purpose. | ||||||
16 | Section 90. Rules. The Board shall adopt rules for the | ||||||
17 | execution of the powers and duties delegated to it by this Act, | ||||||
18 | including, but not limited to, minimum standards for | ||||||
19 | institutions and any fees required to cover the cost of the | ||||||
20 | administration of this Act. | ||||||
21 | Section 500. The State Finance Act is amended by adding | ||||||
22 | Section 5.855 as follows: |
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1 | (30 ILCS 105/5.855 new) | ||||||
2 | Sec. 5.855. The Distance Learning Fund.
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