Current through Register Vol. 48, No. 38, September 20, 2024
The Board shall approve all schools described in Sections
1095.20(a)
and (b) that are not otherwise exempted in
Section
1095.20(d).
The following standard criteria are intended to measure the
appropriateness of the stated educational objectives of the educational
programs of a given institution and the extent to which suitable and proper
processes have been developed for meeting those objectives. Information related
to the satisfaction of the approval criteria outlined in Section 35 of
the Act and this Part must be supplied to the Board by institutions on
forms provided by the Board. Additional information may be requested by the
Board to determine the institution's ability to satisfy the criteria.
(Section 35 of the Act)
a)
Qualifications of Governing Board Members, Owners, and Senior
Administrators At a minimum, these individuals must be of good moral character
and have no felony criminal record. (Section 35 of the Act)
1) Governing board members, owners and senior
administrators have not been involved with a postsecondary educational
institution that had institutional authorization to operate in a State revoked
during the past 7 years.
2)
Governing board members, owners and senior administrators have not controlled,
managed, or been involved with a postsecondary educational institution that has
ceased operation during the past 7 years that did not provide for the
completion of programs by its students, did not provide tuition refunds, and/or
resulted in the loss of time or money for enrollees.
3) Governing board members, owners and senior
administrators have not knowingly falsified or withheld information from
oversight agencies.
4) Governing
board members, owners and senior administrators do not have a prior conviction
of a felony involving fraud, dishonesty, false statement or some other element
of deceit, untruthfulness or falsification.
5) The Board shall not regard the fact of a
prior criminal conviction as evidence of a lack of good moral character. In
determining the moral character of a governing board members, owners and senior
administrators on the basis of a prior criminal conviction, or that person's
rehabilitation following a felony conviction, the Board may consider:
A) the time that has elapsed since the
offense;
B) the bearing the
criminal offense for which the governing board members, owners and senior
administrators was previously convicted will have on his or her fitness or
ability to perform one or more of his or her duties and
responsibilities;
C) any
information produced by the governing board members, owners and senior
administrators with a prior conviction on his or her behalf in regard to his or
her rehabilitation, including, but not limited to, a Certificate of Relief from
Disabilities described in Section 5-5.5-10 of the Unified Code of Corrections [
730 ILCS 5 ] or Certificate of Good Conduct described in Section 5-5.5-25 of
the Unified Code of Corrections.
b)
Qualifications of Faculty and
Staff (Section 35 of the Act)
1) 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 program of study.
2) The faculty, staff and instructors of the
school shall be of good professional reputation and character.
3) Schools are required to submit faculty
credentials required for teaching a program of study as part of the submission
for institution's approval. Faculty do not have to be approved by the Board
prior to the start of the instructional period. Individual faculty hires and
their appropriate qualification will be submitted by the institution during
designated reporting periods and need not be submitted prior to teaching the
course. Failure to hire faculty according to the credentials outlined by the
institution may be grounds for revocation of the permit of approval.
c)
Demonstration of
Student Learning and Quality of Program Delivery (Section 35 of the
Act)
1) Schools 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 certificate
program under the academic control of the school must be developed. Assessment
plans must demonstrate that the school 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 school's programs of study.
2)
Adequate records shall be maintained by the school to show attendance, progress
or grades, and consistent standards should be enforced relating to attendance,
progress and performance.
3) Upon
satisfactory completion of the program of study, the student shall be given the
appropriate certificate by the institution, indicating that a specifically
approved course of instruction or study has been satisfactorily completed by
the student.
d)
Sufficiency of Institutional Finances (Section 35 of the Act)
The school should be financially stable and capable of
assuring the revenues needed for meeting stated objectives and fulfilling
commitments to students.
e)
Accuracy, Clarity, and Appropriateness of Program Descriptions
Institutional promotional, advertising, and
recruiting materials must be clear, appropriate, and accurate.
(Section 35 of the Act)
1)
Prior to the issuance of a permit of approval by the Board, no person
or organization shall advertise a school or any program of study or solicit
prospective students unless the person or organization has applied for and
received from the Board authorization to conduct that
activity. If the Board has authorized the activity,
all advertisements or solicitations must reference the Board's approval by
stating that the school is approved by the "Division of Private Business and
Vocational Schools of the Illinois Board of Higher Education".
(Section 65 of the Act)
2) Schools
are required to submit information about the recruiting process and the
information provided to students as a part of the submission for the school's
approval. Individual recruiters do not have to be approved by the Board prior
to the start of the employment period. Individual recruiters hired and their
appropriate qualifications will be submitted by the institution during
designated reporting periods and need not be submitted prior starting
employment. The actions of the recruiters are the responsibility of the
institution. Failure to adhere to the information about the recruiting process
and the information provided to students outlined by the institution in the
application process may be grounds for revocation of the permit of
approval.
3) The Board, at any
time, may require that a school 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
permit of approval.
4) For schools
requiring approval, the objectives for the school and its programs of study
must be consistent with what the school 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 a school providing instruction at the postsecondary level.
C) Program names shall adhere to the
Classification of Instructional Programs (CIP) developed by the National Center
for Educational Statistics.
f)
Sufficiency of Facilities and
Equipment
At a minimum, these must be appropriate and must meet
applicable safety code requirements and ordinances. (Section 35 of the
Act)
1) The school shall have adequate
and suitable space, equipment and instructional materials to provide education
of suitable quality.
2) The school
shall be maintained and operated in compliance with all pertinent local, State
and national ordinances and laws.
g)
Fair and Equitable Refund
Policies
At a minimum, these must be fair and equitable, must
satisfy any related State or federal rules, and must abide by the standards
established in the Act and this Part. (Section 35 of
the Act)
1)
The Board shall
establish minimum standards for a fair and equitable refund policy that must be
applied by all institutions subject to the Act
(Section 60 of the Act).
2)
The same refund policy must be
applied to all students even if they are not eligible for federal financial
aid (Section 60 of the Act).
3)
Schools that are accredited by an
accrediting body recognized by the U.S. Department of Education and approved to
participate in offering Federal Title IV student financial aid may apply the
required federal refund policy as long as the same policy is applied to all
students even if they are not eligible for federal financial aid
(Section 60 of the Act).
h)
Appropriate and Ethical Admissions
and Recruitment Practices
At a minimum, recruiting practices must be ethical
and abide by any State or federal rules. (Section 35 of the
Act)
1) Neither the school nor its
agents shall engage in advertising, sales, collection, credit or other
practices of any type that are false, deceptive, misleading or
unfair.
2) Schools and agents shall
not:
A) 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 the
institution;
B) Make a deceptive
statement concerning other institutional activities in attempting to enroll
students;
C) Quote a dollar amount,
other than the average starting salary for all school graduates employed during
the most recent reporting period as specified in Section
1095.240(d)
pursuant to Section 37 of the Act, in any advertisement as representative or
indicative of the earning potential of graduates;
D) State or represent that students will be
guaranteed employment while enrolled in the institution or that employment will
be guaranteed for students after graduation;
E) Misrepresent opportunities for employment
upon completion of any program of study;
F) State or represent that the programs
and/or courses or exams are transferable to another institution without current
documentation by an authorized official of the receiving institution.
i)
Recognized
Accreditation Status
Accreditation with an accrediting body approved by
the U.S. Department of Education may be counted as significant evidence of the
institution's ability to meet curricular approval criteria. (Section
35 of the Act)
1) Any school applying
for a permit of approval in the State of Illinois must specify its
accreditation status.
2) The school
must have the appropriate accreditation if the school offers a program in which
professional qualification in a field is necessary for a graduate to obtain
employment.
3) In the case of a
program requiring accreditation pursuant to Section 1095.40(i)(2), an
institution 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.
j)
Meeting Employment Requirements in
the Field of Study (Section 35 of the Act)
1)
The institution must clearly
demonstrate how a student's completion of the program of study satisfies
employment requirements in the occupational field. The
information must be clearly and accurately provided to
students. (Section 35 of the Act)
2)
If licensure, certification, or
their equivalent is required of program graduates to enter the field of
employment, the institution must clearly demonstrate that completion of the
program will allow students to achieve this status. (Section 35 of the
Act)
k)
Enrollment Agreements that Meet the Requirements Outlined in
the Act and this Part (Section 35 of the Act)
1)
A copy of the enrollment agreement
must be provided to the Board. Enrollment agreements may be used by schools
only if approved by the Board. (Section 40 of the Act)
2)
The Board shall develop a standard
enrollment agreement for use by schools approved or seeking approval
under the Act and this Part. Schools may
create an enrollment agreement that meets the minimum requirements of this
Section and this Part, but it must be approved by the Board
prior to implementation. (Section 40 of the Act)
3) Enrollment agreements shall include, at a
minimum, the following:
A)
A clear
description of costs, refund policies, program information and
all disclosures required by the Act (Section
40 of the Act);
B)
The
Board's Internet website, the address and phone number of the Board for
students to report complaints, and any additional information the Board may
require by rule (Section 40 of the Act);
C) An explanation of all criteria and
requirements for retention, progress towards certificate, and graduation of the
student;
D) The institution's
tuition, cancellation and refund policies;
E) A statement of the purpose and amount of
any fees assessed; and.
F)
Information on warning, probation or any other type of conditional status from
an accreditor, licensure body, certifying entity, or federal/State oversight
agency.
4) If the school
requires the student to sign an enrollment agreement or a similar type of
agreement with a different title, the document must be distributed as follows:
A)
The student must be given a copy
of the enrollment agreement at the time the student signs that agreement and at
the time of the agreement's acceptance, if those events occur at different
times. (Section 40 of the Act)
B)
The school shall retain a signed
copy of the fully executed enrollment agreement as a part of the student's
permanent record. (Section 40 of the Act)
5)
No school may enter into an
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. Any provisions in an
enrollment agreement in which the student agrees to such a
waiver shall be rendered void. (Section 40 of the Act)
6)
No school may have an enrollment
agreement that requires that a student register for more than a single
semester, quarter, term, or other such period of enrollment as a condition of
the enrollment nor shall any school charge a student for multiple periods of
enrollment prior to completion of the single semester, quarter, term, or other
such period of enrollment. (Section 35 of the Act)
l)
Clearly
Communicated Tuition and Fee Charges (Section 35 of the Act)
1)
Tuition and fees and any other
expense charged by the school must be appropriate to the expected income that
will be earned by graduates. (Section 35 of the Act)
2)
No school may have a tuition
policy that requires that a student register for more than a single semester,
quarter, term, or other such period of enrollment as a condition of the
enrollment nor shall any school charge a student for multiple periods of
enrollment prior to completion of the single semester, quarter, term, or other
such period of enrollment. (Section 35 of the Act)
m)
Legal Action Against
the Institution, Its Parent Company, Its Owners, Its Governing Board, or Its
Board Members
Any such legal action must be provided to the Board
and may be considered as a reason for denial or revocation of the permit of
approval. (Section 35 of the Act)
n) Investigations and/or adverse actions by
federal or State regulatory agencies, accrediting bodies, licensing boards, or
certification entities against the Institution, Its Parent Company, Its Owners,
Its Governing Board, or Its Board Members must be provided to the Board and may
be considered as a reason for denial or revocation of the permit of
approval
o) The school shall
provide a current catalog or brochure, either in print or electronically, to
each prospective student prior to enrollment. If a school maintains a website,
the current catalog must appear on the website. Upon request, the school shall
provide a catalog or brochure without gathering personal information from an
individual unless that information is volunteered. The catalog or brochure
shall contain the following:
1) Descriptions
of the programs offered, program objectives, lengths of program and
institutional calendars with program start and end dates;
2) Schedule of tuition, fees and all other
charges and expenses necessary for completion of the course of study, and
cancellation and refund policies;
3) Student success data as required pursuant
to Section 37 of the Act and this Part and any data to satisfy Board reporting
requirements;
4) A statement of the
institution's accreditation status with a U.S. Department of Education
recognized accrediting body. If no such accreditation exists, the institution
must prominently state this in its advertising and published
materials;
5) Statements regarding
the transferability of a certificate to other institutions of higher education
and the importance of consulting with institutions to which the student may
seek to transfer;
6) Evidence of
articulation arrangements with institutional counterparts, when these
arrangements exist;
7) 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; and
8) Information on
warning, probation or any other type of conditional status from an accreditor,
licensure body, certifying entity or federal/State oversight agency.
