Full Text of SB3441 98th General Assembly
SB3441enr 98TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning education.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 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 of higher learning. Often, students participate | 11 | | in such education in states where the institution of higher | 12 | | learning maintains no actual physical presence. Both the | 13 | | regulation and the availability of institutions of higher | 14 | | learning to participate in distance learning have been hampered | 15 | | by multi-jurisdictional differences between the states and | 16 | | uneven regulation among the states for the same programs. | 17 | | Various multi-state compacts have addressed this problem by | 18 | | creating a voluntary system of interstate reciprocity for | 19 | | institutions of higher learning to streamline authorization | 20 | | and regulations for institutions of higher learning that | 21 | | voluntarily agree to participate in a reciprocity program. The | 22 | | provision of such distance education is declared to affect the | 23 | | public safety and welfare and to be subject to regulation and |
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| 1 | | control in the public interest. It is further the public policy | 2 | | of this State that such a program of reciprocity be made | 3 | | available on a voluntary basis to participating institutions of | 4 | | higher learning and that any other institutions of higher | 5 | | learning that choose not to participate continue to be | 6 | | regulated under current laws and rules that govern distance | 7 | | learning. | 8 | | Section 10. Definitions. In this Act: | 9 | | "Board" means the Board of Higher Education. | 10 | | "Distance learning" means instruction offered by any means | 11 | | where the student and faculty member are in separate physical | 12 | | locations. It includes, but is not limited to, online, | 13 | | interactive video or correspondence courses or programs. | 14 | | "Home state" means the state that regulates a participating | 15 | | institution and its distance learning programs. A state cannot | 16 | | be the "home state" unless the institution of higher learning | 17 | | either has a physical presence in that state or holds its | 18 | | principal institutional accreditation in that state. | 19 | | "Participation agreement" means the agreement that each | 20 | | participating institution is required to sign and abide by in | 21 | | order to take advantage of the reciprocity agreement.
| 22 | | "Participating institution" means any institution of | 23 | | higher learning that offers an associate's degree or higher, in | 24 | | whole or in part, through distance learning and has voluntarily | 25 | | or willingly entered into a participation agreement to be |
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| 1 | | regulated by a participating home state with respect to | 2 | | institutional and program approval, complaints, and | 3 | | institutional and program reviews. | 4 | | "Physical presence" means on-going occupation of a | 5 | | physical location for instructional purposes or maintenance of | 6 | | an administrative office to facilitate instruction. | 7 | | "State" means any state, commonwealth, district, or | 8 | | territory of the United States that is a participant in good | 9 | | standing in a state authorization reciprocity agreement.
| 10 | | "State authorization reciprocity agreement" or | 11 | | "reciprocity agreement" means a voluntary agreement that | 12 | | establishes reciprocity between willing states for approval of | 13 | | postsecondary educational services delivered by distance | 14 | | learning beyond state boundaries. | 15 | | Section 15. Authorization. The Board is authorized to | 16 | | participate in a state authorization reciprocity agreement on | 17 | | behalf of this State. The Board shall be the lead agency in | 18 | | coordinating interstate reciprocity for distance learning for | 19 | | participating institutions in this State. | 20 | | Section 20. Illinois as the home state. If this State has | 21 | | been designated as the home state for a participating | 22 | | institution, then the Board shall approve, investigate, | 23 | | authorize, monitor, and establish common standards, | 24 | | reauthorize, establish, and investigate complaints, and attend |
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| 1 | | to other administrative matters involving distance learning, | 2 | | including complaints from students and others in this State and | 3 | | from other states where the participating institutions are | 4 | | offering distance learning under a reciprocity agreement.
| 5 | | Section 25. Illinois as the reciprocal state. If another | 6 | | state has been designated as the home state, a participating | 7 | | institution has received required approval, the participating | 8 | | institution has no physical presence in this State, and the | 9 | | participating institution does not hold its principal | 10 | | institutional accreditation in this State, then the Board shall | 11 | | allow such participating institution to offer distance | 12 | | learning in this State under a participation agreement | 13 | | authorized by this Act. The Board may not charge a fee for | 14 | | granting such reciprocal distance learning approval. | 15 | | However, if the participating institution has another home | 16 | | state, but also has a physical presence in this State or has | 17 | | its principal institutional accreditation in this State, the | 18 | | Board may regulate the institution of higher learning and its | 19 | | distance learning programs in this State and is not bound by | 20 | | the reciprocity agreement.
| 21 | | Section 30. Application of the Act. This Act applies only | 22 | | to distance learning programs and does not affect other | 23 | | approvals of institutions of higher learning or programs | 24 | | required under the laws of this State, nor does it affect any |
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| 1 | | exemptions of institutions of higher learning or programs | 2 | | granted by the laws of this State. However, except as required | 3 | | in Section 25 of this Act, any participating institution that | 4 | | remains eligible and in good standing under this Act is not | 5 | | required to obtain any other approval for distance learning | 6 | | required by State law, unless the institution of higher | 7 | | learning withdraws and is removed from this reciprocity | 8 | | program.
| 9 | | Nothing in this Act shall be construed to affect the | 10 | | authority of the Attorney General to enforce the Consumer Fraud | 11 | | and Deceptive Business Practices Act and the federal Consumer | 12 | | Financial Protection Act of 2010, as authorized by 12 U.S.C. | 13 | | 5552. | 14 | | Section 35. Fees. Fees to cover the cost of administration | 15 | | and enforcement of this Act shall be set by the Board by rule. | 16 | | Section 40. Distance Learning Fund. The Distance Learning | 17 | | Fund is created as a special fund in the State treasury. All | 18 | | fees collected for the administration and enforcement of this | 19 | | Act shall be deposited into the Fund. All money in the Fund | 20 | | shall be used, subject to appropriation, by the Board to | 21 | | supplement support for the administration and enforcement of | 22 | | this Act and may not be used for any other purpose. | 23 | | Section 45. Student refund policy. The Board, by rule, |
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| 1 | | shall establish minimum standards for a fair and equitable | 2 | | policy that governs refunds for students, which must be | 3 | | required for all participating institutions subject to this | 4 | | Act. | 5 | | Section 50. Equitable treatment of students. Students who | 6 | | are enrolled in institutions of higher learning governed by | 7 | | this Act, either because they are residents of the home state | 8 | | or because they are residents of participating reciprocal | 9 | | states, and who receive services from the Board under this Act | 10 | | are entitled to the same remedies, services, and redress under | 11 | | this Act, regardless of their state of residency. | 12 | | Section 90. Rules. The Board shall adopt rules for the | 13 | | execution of the powers and duties delegated to it by this Act, | 14 | | including, but not limited to, minimum standards for | 15 | | institutions of higher learning. | 16 | | Section 500. The State Finance Act is amended by adding | 17 | | Section 5.855 as follows: | 18 | | (30 ILCS 105/5.855 new) | 19 | | Sec. 5.855. The Distance Learning Fund.
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