Current through Register Vol. 48, No. 38, September 20, 2024
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) Aneducational
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.