Current through Register Vol. 48, No. 52, December 27, 2024
The following general rules apply to institutions seeking a
Certificate of Approval under the 1945 Act and an Authorization to Operate
under the 1961 Act. Section
1030.40
identifies exceptions to these rules for those institutions covered by only the
1945 Act. Section
1030.50
identifies exceptions to the general rules for the institutions covered by only
the 1961 Act.
a) Criteria for
Evaluation of the Application for a Certificate of Approval and/or
Authorization to Operate
The following criteria are designed to measure the
appropriateness of the stated educational objectives to the name and
certificate or degree programs that require approval of a given institution and
the extent to which suitable and proper processes have been developed for
meeting those objectives:
1) For
institutions requiring approval, the objectives for the institution and its
certificate and degree programs that require approval must be consistent with
what the institutional 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 an institution providing instruction at the postsecondary
level.
C) Names of certificate and
degree programs that require approval shall adhere to the Classification of
Instructional Programs (CIP) developed by the National Center for Educational
Statistics.
2) During
review for operating authority, Board staff will consider the following:
A) 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.
B) Loss, suspension,
probation or similar adverse action taken by an accrediting body with which the
institution is or was affiliated.
C) 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.
D) Compliance with the requirements outlined
under the PBVS Act, if applicable.
3) The caliber and content of each course or
program of instruction, training or study shall be reasonable and adequate for
achieving the stated objectives for which the course or program is offered. An
undergraduate curriculum shall include general education in alignment with the
degree level and objectives.
A) Approved
program admission policies must include, at a minimum, the following:
i) Undergraduate degrees must require a high
school diploma or its equivalency, or passage of an ability to benefit test or
alternative pathway that has been approved pursuant to U.S. Department of
Education regulations (see
34 CFR
668.145) . Home school students who have
obtained a diploma or similar credential under applicable state law are
considered to have met this equivalency requirement. Students who do not meet
such a standard may be admitted provisionally but may only take non-credit
bearing coursework until the student passes an ability to benefit
test.
ii) Graduate degrees must
require at least a baccalaureate degree from an accrediting authority
recognized by the U.S. Department of Education or the Council for Higher
Education Accreditation or degree from another country evaluated for U.S.
equivalency, with the exception of degrees for professional practice whose
professional standards do not require baccalaureate degrees for entry or for
dual degree programs that can demonstrate equivalency of student outcomes at
both the undergraduate and graduate levels. For purposes of dual degree
programs that allow individuals to complete a bachelor's degree and either a
graduate or professional degree within the same program, a student is
considered an undergraduate student for at least the first three years of that
program.
B) Institutions
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 program under the academic control of the institution must be
developed. Assessment plans must demonstrate that the institution 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 institution's programs of
study.
C) Provision must be made
for guidance and counseling of students, evaluations of student performance,
continuous monitoring of progress of students toward their certificate and/or
degree objectives, and appropriate academic record keeping.
D) IBHE staff approval is required for
certificates tied to an approved degree program. Board approval is needed for
the creation of a certificate program in a field or at a level in which there
is not a previously approved degree program.
E) Programs must meet the following
requirements; variations from these standards require justification:
i) Associate degree requires at least 60
semester credit hours or 90 quarter credit hours.
ii) Baccalaureate degree requires at least
120 semester credit hours or 180 quarter credit hours and at least 40 semester
credit hours (60 quarter credit hours) in upper-division courses.
iii) Master's degree requires at least 30
semester credit hours or 45 quarter credit hours of appropriate
post-baccalaureate coursework.
iv)
Doctor's degree - Professional Practice requires completion of a program
providing the knowledge and skills for the recognition, credential or license
required for professional practice; at least 60 semester hours of postsecondary
credit required for admission to the program; and a total of at least six
academic years of college work to complete the degree program, including prior
required postsecondary work plus the length of the professional program itself.
v) Doctor's degree - Research and
Scholarship requires the completion of an organized program of study beyond the
master's level. The program shall demonstrate full understanding of the level
and range of doctoral scholarship; the function of a dissertation and its
defense based on original research, or the planning and execution of an
original project demonstrating substantial artistic or scholarly achievement;
the nature of comprehensive examination; and other standards commonly held for
these degrees; at least 2 full time years of advanced academic coursework
beyond the master's degree; and an independent performance of basic or applied
research at the level of the professional scholar, typically a dissertation, or
to perform independently the work of a profession that involves the highest
levels of knowledge and expertise.
vi) Certificate program requirements must be
consistent with level and stated program objectives.
F) Success in student progression and
graduation across all existing approved programs, and success rates in programs
preparing students for certification and licensure, shall be consistent with
expectations in higher education and the appropriate related field of study. At
a minimum, the Board shall consider the following factors, based on results for
similar institutions:
i) Graduation rates,
certificate and degree completion rates, retention rates, and pass rates for
licensure and certification aligned with thresholds set by State or national
regulatory bodies.
ii) Success
rate, which shall be, at a minimum, higher than that of the lowest quartile of
these measures for similar Illinois institutions defined as open versus
competitive enrollment institutions and primarily associate versus primarily
baccalaureate granting institutions. Exceptions may be made to the lowest
quartile if an institution is above the national average for these measures
using the same comparison categories of institutions.
G) Additional student success measures shall
be considered in the review of applications for authorization. The Board shall
establish minimum rates of success based on results for similar institutions or
thresholds set by State or federal regulatory bodies.
i) At a minimum these data shall include
student loan default rates, student indebtedness rates, job placement rates,
student learning measures and other success indicators.
ii) Institutions that participate in Federal
Student Loan programs shall have 3-year Official Cohort Default rates no higher
than 25 percent. Institutions with Federal Financial Responsibility Composite
Scores shall have a score that is no lower than 1.0. Institutions that fail to
meet these thresholds may be restricted from implementing new certificate or
degree programs.
iii) The success
rate shall be, at a minimum, higher than that of the lowest quartile of these
measures for similar Illinois institutions defined as open versus competitive
enrollment institutions and primarily associate versus primarily baccalaureate
granting institutions. Exceptions may be made to the lowest quartile if an
institution is above the national average for these measures using the same
comparison categories of institutions.
H) Requirements for Technologically Mediated
Instruction Offered at a Distance. In addition to meeting other requirements in
this Part, programs offered through electronically mediated distance learning
must, at a minimum, meet the following requirements:
i) The institution assures adequacy of
technical and physical plant facilities, including appropriate staffing and
technical assistance, to support its electronically offered programs.
ii) 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 institution provides adequate technical support to ensure students
are able to complete coursework and make steady progress in their
programs.
iii) 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.
iv) Faculty are full
participants in decisions regarding curricula and program oversight.
v) Demonstration of student learning and
program outcomes are appropriate to the field and degree level and consistent
regardless of program delivery method.
vi) 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.
vii) Assessments of student learning,
especially exams, take place in circumstances that include student
identification and assurance of the integrity of student work.
viii) Assessment of electronically offered
programs by the institution occurs in the context of the regular evaluation of
all academic programs.
4) The institution shall have adequate and
suitable space, equipment and instructional materials to support institutional
programs.
A) The institution shall provide
students, faculty and staff with appropriate library resources and support
consistent with the degree type and level offered at the institution.
B) Library staff shall possess the necessary
qualifications to support the needs of the programs.
5) 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
course or program of study.
A) At a minimum,
faculty shall have a degree from an institution accredited by a U.S. Department
of Education and/or Council for Higher Education Accreditation recognized
accrediting body or a degree from another country evaluated for U.S.
equivalency in the discipline they will teach or for which they will develop
curricula at least one level above that of the courses being taught or
developed.
i) Faculty providing undergraduate
general education coursework shall possess, at a minimum, a master's degree
with 18 graduate hours appropriate to the academic field or discipline in which
they are teaching.
ii) Faculty
engaged in providing technical and career coursework at the associate degree
level shall possess, at a minimum, at least 2,000 hours of work experience and
the appropriate recognized credential, depending on the specific
field.
iii) Faculty teaching in a
baccalaureate degree program shall have, at a minimum, a master's in the field
of instruction.
iv) Faculty
teaching in a graduate program shall have a doctorate or terminal degree in the
field of instruction.
v) Exceptions
may be made for professional experience, equivalent training and other
qualifications; however, these will be the exceptions and not the rule in
meeting faculty qualification requirements. These exceptions for faculty may be
reviewed by the Board staff.
B) Faculty to student ratios and full time
faculty to part time faculty ratios shall be factors in determining appropriate
provision of qualified faculty. Institutions shall have policies in place that
serve to ensure equivalency of instruction and program delivery across faculty
members, including methods of measuring equivalency of student learning
outcomes across faculty. The Board shall establish minimum rates of success
based on data for similar institutions. The ratios shall be, at a minimum,
higher than those of the lowest quartile of these measures for similar Illinois
institutions defined as open versus competitive enrollment institutions and
primarily associate versus primarily baccalaureate granting institutions.
Exceptions may be made to the lowest quartile if an institution is above the
national average for these measures using the same comparison categories of
institutions.
C) Support personnel,
including but not limited to counselors, administrators, clinical supervisors,
and technical staff, that are directly assigned to the unit of instruction have
the educational background and experience necessary to carry out their assigned
responsibilities.
6)
Support Services
A) Facilities, equipment and
instructional resources (e.g., laboratory supplies and equipment, instructional
materials, computational equipment) necessary to support high quality academic
work in the unit of instruction, research or public service are available and
maintained.
B) Clinical sites
necessary to meet the objectives of the unit of instruction, research or public
service.
C) Library holdings and
acquisitions, owned or contracted for by the institution, that are necessary to
support high quality instruction and scholarship in the unit of instruction,
research and public service, are conveniently available and accessible, and can
be maintained.
7)
Program Information
A) The institution shall
provide to the public upon request a catalog, either in print or
electronically, with the information listed in this subsection (a). This
information shall be provided in print and on the institution's website without
requiring the student to provide contact or other personal information in order
to access the information. The catalog or brochure shall contain the following
information:
i) Descriptions of the degree
programs offered, program objectives, length of program and institutional
calendars with degree program start and end dates;
ii) Schedule of tuition, fees and all other
charges and expenses necessary for completion of the course of study, and
cancellation and refund policies;
iii) A statement regarding the
transferability of college credits, including the fact that the decision to
accept transfer credits is currently made by receiving institutions;
iv) A statement as to how the institution
will advise students on the nature of the transfer process, including the
importance of consulting with institutions to which the student may seek to
transfer;
v) Evidence of
articulation arrangements with institutional counterparts, when these
arrangements exist;
vi) A statement
of the institution's most recent graduation rates and the numbers of graduates
and enrollments as provided by the institution to the Integrated Postsecondary
Education Data System (IPEDS). There is no exception if the institution does
not report data to IPEDS;
vii) A
statement of the institution's current accreditation status with a U.S.
Department of Education and/or Council for Higher Education Accreditation
recognized accrediting body. If no such accreditation exists, the institution
must prominently state this in its advertising and published materials;
and
viii) 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.
B) The information
listed in subsection (a)(7)(A) shall be available to prospective students prior
to enrollment.
8) Upon
satisfactory completion of the degree program, the student shall be awarded the
appropriate degree by the institution, indicating that a specifically approved
course of instruction or study has been satisfactorily completed by the
student.
9) Adequate records shall
be maintained by the institution to show attendance, progress or grades, and
consistent standards should be enforced relating to attendance, progress and
performance. Institutions must provide adequate security measures to protect
student data and records and must comply with all State and federal laws
relevant to protection of individual privacy and preservation of
records.
10) The institution shall
be maintained and operated in compliance with all pertinent local, State and
national ordinances and laws.
11)
The institution should be financially stable and capable of assuring the
revenues needed for meeting stated objectives and fulfilling commitments to
students.
12) Neither the
institution nor its agents should engage in advertising, recruiting sales,
collection, credit or other practices of any type that are false, deceptive,
misleading or unfair.
13) The
institution should have a fair and equitable cancellation and refund policy.
This policy shall apply equally to all students regardless of whether the
student receives federal or State financial aid.
14) The faculty, staff and instructors of the
institution shall be of good professional reputation and character.
15) If the institution requires the student
to sign an enrollment agreement or a similar agreement, the agreement shall
provide consumer information including, but not limited to: an explanation of
all criteria and requirements for retention, progress towards program
completion, and graduation of the student; the institution's tuition,
cancellation and refund policies; and a statement of the purpose and amount of
any fees assessed.
A) No institution shall
enter into any 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.
B) Although the school may use an enrollment
agreement that sets forth the total cost of the program, no school may have a
tuition policy or enrollment agreement that charges a student for multiple
periods of enrollment prior to completion of the single semester, quarter, term
or other period of enrollment.
16) Any institution applying for a
Certificate of Approval or authorization to operate in the State of Illinois
must specify its accreditation status. New institutions 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. Appropriate
steps shall be taken to assure that programmatic accreditation needed for
licensure or entry into a profession as specified in the objectives of the unit
of instruction will be sought in a reasonable amount of time and will be
maintained throughout the life of the program.
b) Procedures for Obtaining a Certificate of
Approval and/or Authorization to Operate Following is a description of the
steps in the approval process:
1) Orientation
The agenda will include a discussion of criteria to be met by
the institution and procedures used in applying for a Certificate of Approval
and/or Authorization to Operate.
2) Notice of Intent (NOI)
The Chief Executive Officer of the institution seeking a
Certificate of Approval and/or Authorization to Operate a degree-granting
postsecondary institution in the State of Illinois should make this intention
known by filing a Notice of Intent with the Board. Notices of Intent shall be
publicly posted on the Board's website for no less than 30 days before Board
action on the application and are active for one year.
3) Submission of Application and Supporting
Documentation
Following the submission of a Notice of Intent, the
institutional representatives shall complete the application supplied by the
Board. The application requests information and supporting evidence to
demonstrate that the institution meets the criteria established. This
information request includes a signed cover letter and audited financial
statements.
4) Staff
Analysis
Following the receipt of the formal application and
accompanying documentation, staff will review and analyze all
materials.
5) Site Visit
A) Following completion of documentation and
staff analysis of the application, a site visit may be arranged in order to
verify and supplement the information provided about the proposed institution.
Site visits may be scheduled if:
i) the Board
is not familiar with the physical facilities;
ii) the institution asks for a site
visit;
iii) questions have been
raised about the veracity of the application; or
iv) for other reasons the proposed
institution/program does not lend itself to an in-office analysis.
B) The site visit may include
interviews with prospective administrators, students, faculty and/or board
members and observations of facilities, record systems, financial data and/or
curricular resources.
6)
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 the
verification and/or evaluation of the documentation submitted or obtained
through the site visit.
7)
Staff Report
A) Board staff will prepare an
analysis of the findings and develop a recommendation to the Board regarding
the institutional application. This recommendation will be shared with the
applicant.
B) The recommendation
will be one of the following:
i) That the
institution be issued a Certificate of Approval and/or Authorization to
Operate, subject to annual reporting and the implementation and maintenance of
the conditions under which approval/authorization has been granted;
or
ii) That the institution be
denied a Certificate of Approval and/or Authorization to Operate.
8) Staff
Recommendations to the Board
The Executive Director of the Board will submit the staff
recommendation to the Board for action at a regular meeting. The Chief
Executive Officer of the applicant institution or a designee will be invited to
attend the meeting and may be asked to respond to Board questions. In the event
the staff recommendation is negative, the applicant shall be given an
opportunity to respond in writing. This response shall be transmitted to the
Board at the same time as the staff recommendation.
9) Board Action
Following the Board's decision to issue a Certificate of
Approval and/or Authorization to Operate or to deny a Certificate of Approval
and/or Authorization to Operate, a letter signifying the action will be sent
from the Executive Director of the Board to the Chief Executive Officer of the
institution. A letter of approval will serve as the official Certificate of
Approval/Authorization to Operate for the institution in the State of
Illinois.
c)
Initial authorization to operate in Illinois for institutions new to the State
shall be for five years. In the fifth year of operation, the Executive Director
of the Board shall instruct staff to conduct a review. The Board may deny a
continuation of the initial approval or offer a limited extension if the
institution:
1) Has failed to implement and
maintain the conditions that were presented in its application and that formed
the basis upon which authorizations were granted;
2) Has failed to maintain sound fiscal
status;
3) Has failed to achieve
accreditation through a U.S. Department of Education and/or Council for Higher
Education Accreditation recognized accrediting body for degree granting
institutions during the initial five year period. Failure to achieve
accreditation shall be grounds for immediate revocation of approval. Until
accreditation is achieved, the institution shall clearly and appropriately
state in all promotional materials and advertisements and on its webpage that
it is not accredited; or
4) Has
failed to demonstrate success in student progression and graduation and success
rates in programs preparing students for certification and licensure that are
consistent with expectations in higher education and the appropriate related
field of study. At a minimum, the Board shall consider the following factors,
based on results for similar institutions:
i)
Graduation rates, program completion rates, retention rates, and pass rates for
licensure and certification aligned with thresholds set by State or national
regulatory bodies.
ii) Success
rate, which shall be, at a minimum, higher than that of the lowest quartile of
these measures for similar Illinois institutions defined as open versus
competitive enrollment institutions and primarily associate versus primarily
baccalaureate granting institutions. Exceptions may be made to the lowest
quartile if an institution is above the national average for these measures
using the same comparison institutions.
iii) Additional student success measures
shall be considered in the review of applications for authorization. The Board
shall establish minimum rates of success based on results for similar
institutions or thresholds set by State or federal regulatory bodies. At a
minimum, these data shall include student loan default rates, student
indebtedness rates, job placement rates, student learning measures and other
success indicators.
iv)
Institutions that participate in Federal Student Loan programs shall have
3-year Official Cohort Default rates no higher than 25 percent. Institutions
with Federal Financial Responsibility Composite Scores shall have a score that
is no lower than 1.0. Institutions that fail to meet these thresholds may be
restricted from implementing new certificate and/or degree programs.
d) Nothing in this
Section shall be construed to prevent the Board from withdrawing Certification
of Approval or Authorization to Operate at any time, including during the first
five years of operation, if an institution has failed to implement and maintain
the conditions that were presented in its applications and that form the basis
upon which its certificate or authorization was granted.
e) Publications and Information. Institutions
shall be scrupulously ethical in all communication with the public and with
prospective students. School publications, advertisements and statements shall
be wholly accurate and in no way misleading. Violations of this subsection
shall be grounds for immediate investigation of the institution pursuant to
Section
1030.70
and, depending on the results of the investigation, may be grounds for
revocation proceedings under Sections
1030.70
and
1030.80.
1) An institution may state that it is
approved or authorized to operate in the State of Illinois only after approval
has been officially granted and received in writing from the Board and while
authorization is maintained.
A) Institutions
authorized by the Board may use the authorization in advertising and
promotional material and on letterhead stationery only if using the following
language: (name of school) is authorized for operation by the Illinois Board of
Higher Education. The entire statement must be used with the same size font and
font type of print.
B) Institutions
authorized by the Board that have presence, advertise or offer instruction via
Internet or other electronic telecommunication means must state or have a link
on the first page (as registered with standard web/internet search engines) to
the following statement that can be readily viewed by the consumer: (name of
school) is authorized to operate as a postsecondary educational institution by
the Illinois Board of Higher Education. In the case of a website, within the
required statement, the term "Illinois Board of Higher Education" must be a
hyperlink to the Board's website at www.ibhe.org.
2) No statement shall be made that the
institution or its courses of instruction have been accredited unless the
accreditation is identified as that of an appropriate U.S. Department of
Education and/or Council for Higher Education Accreditation recognized
accrediting agency. An institution shall not advertise or state in any manner
that it is "accredited" by the Board.
3) No institution shall publish or otherwise
communicate to prospective students, faculty, staff or the public misleading or
erroneous information about the operating or degree-granting status of a given
institution.
4) Recruitment and
informational materials of an institution that has received only approval
and/or authorization from the Board to operate shall indicate that the
institution is not yet authorized to award degrees.
5) No dollar amount shall be quoted in any
advertisement as representative or indicative of the earning potential of
graduates.
6) Institutions or
representatives shall not 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 that institution.
7) Institutions or representatives shall not
make deceptive statements concerning other institutional activities in
attempting to enroll students.
8)
No statement or representation shall be made that students will be guaranteed
employment while enrolled in the institution or that employment will be
guaranteed for students after graduation, nor shall any institution or
representative misrepresent opportunities for employment upon completion of any
course of study.
9) The Board, at
any time, may require that an institution 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
Certificate of Approval and Authorization to Operate.
10) Student loans offered to students by the
institution or those agents it recommends must clearly state whether the loans
are federal student aid loans.
11)
No statement shall be made by an institution or its representatives that the
programs and/or courses or exams are transferable to another institution
without current documentation by an authorized official of the receiving
institution.
12) Each Board
authorized institution or institution receiving a Board degree authorization
must provide in its catalog and print promotional materials and on its website
the Board's mailing address and the Board's website link for reporting
complaints. For the website information, there must be a hyperlink to the
Board's website on the first page (as registered with standard web/internet
search engines).
A) Institutions authorized
by the Board, or an institution receiving a Board degree authorization, must
provide in their catalogs and print promotional materials and on the first page
of their websites the institution's procedure for complaint resolution. The web
page providing information on the institution's complaint procedure must also
have a hyperlink to the Board's website link for reporting complaints not
resolved at the institution's level.
B) Institutions authorized by the Board must
respond in writing within 10 business days after receiving a student's
complaint from the Board. The Board shall review the response and determine if
additional information is needed from the institution.