110 ILCS 205/ Board of Higher Education Act.

(110 ILCS 205/0.01) (from Ch. 144, par. 180.9)

Sec. 0.01. Short title. This Act may be cited as the Board of Higher Education Act.

(Source: P.A. 86-1324.)

(110 ILCS 205/1) (from Ch. 144, par. 181)

Sec. 1. The following terms shall have the meanings respectively prescribed for them, except when the context otherwise requires:

"Public institutions of higher education": The University of Illinois; Southern Illinois University; Chicago State University; Eastern Illinois University; Governors State University; Illinois State University; Northeastern Illinois University; Northern Illinois University; Western Illinois University; the public community colleges of the State and any other public universities, colleges and community colleges now or hereafter established or authorized by the General Assembly.

"Board": The Board of Higher Education created by this Act.

"Private institution of higher education": Any institution of higher education that is subject to the Private College Act or the Academic Degree Act.

(Source: P.A. 102-1046, eff. 6-7-22.)

(110 ILCS 205/2) (from Ch. 144, par. 182)

Sec. 2. There is created a Board of Higher Education to consist of 16 members as follows: 10 members appointed by the Governor, by and with the advice and consent of the Senate; one member of a public university governing board, appointed by the Governor without the advice and consent of the Senate; one member of a private college or university board of trustees, appointed by the Governor without the advice and consent of the Senate; the chairman of the Illinois Community College Board; the chairman of the Illinois Student Assistance Commission; and 2 student members selected by the recognized advisory committee of students of the Board of Higher Education, one of whom must be a non-traditional undergraduate student who is at least 24 years old and represents the views of non-traditional students, such as a person who is employed or is a parent. One of the 10 members appointed by the Governor, by and with the advice and consent of the Senate, must be a faculty member at an Illinois public university. The Governor shall designate the Chairman of the Board to serve until a successor is designated. No more than 7 of the members appointed by the Governor, excluding the Chairman, shall be affiliated with the same political party. The 10 members appointed by the Governor with the advice and consent of the Senate shall be citizens of the State and shall be selected, as far as may be practicable, on the basis of their knowledge of, or interest or experience in, problems of higher education. If the Senate is not in session or is in recess, when appointments subject to its confirmation are made, the Governor shall make temporary appointments which shall be subject to subsequent Senate approval.

(Source: P.A. 100-167, eff. 1-1-18.)

(110 ILCS 205/3) (from Ch. 144, par. 183)

Sec. 3. Terms; vacancies.

(a) The members of the Board whose appointments are subject to confirmation by the Senate shall be selected for 6-year terms expiring on January 31 of odd numbered years.

(b) The members of the Board shall continue to serve after the expiration of their terms until their successors have been appointed.

(c) Vacancies on the Board in offices appointed by the Governor shall be filled by appointment by the Governor for the unexpired term. If the appointment is subject to Senate confirmation and the Senate is not in session or is in recess when the appointment is made, the appointee shall serve subject to subsequent Senate approval of the appointment.

(d) Each student member shall serve a term of one year beginning on July 1 of each year and until a successor is appointed and qualified.

(e) The member of the Board representing public university governing boards and the member of the Board representing private college and university boards of trustees, who are appointed by the Governor but not subject to confirmation by the Senate, shall serve terms of 3 years beginning on July 1.

(Source: P.A. 102-1046, eff. 6-7-22; 103-288, eff. 7-28-23.)

(110 ILCS 205/4) (from Ch. 144, par. 184)

Sec. 4. The Board shall hold regular meetings at times specified in its rules. Special or additional meetings may be held on call of the Chairman, or upon a call signed by at least 6 members, or upon call of the Governor. Eight members of the Board shall constitute a quorum at all its meetings, but the approval of a new unit of instruction, research, or public service for a public institution of higher education, as provided in Section 7 shall require the concurrence of a majority of all the members of the Board.

The Chairmen of the Illinois Community College Board and the Illinois Student Assistance Commission holding membership on the Board each may designate an alternate to attend any meeting of the Board, and an alternate so designated shall have all rights and privileges of regular membership while acting for the Chairman who has so designated him or her.

The Board may employ and fix the compensation of professional and clerical staff and other assistants, including specialists and consultants, as it may deem necessary, on a full or part time basis.

(Source: P.A. 94-905, eff. 1-1-07.)

(110 ILCS 205/5) (from Ch. 144, par. 185)

Sec. 5. The members of the Board shall serve without compensation but they shall be reimbursed for their actual and necessary traveling and other expenses while engaged in the performance of their duties.

(Source: Laws 1961, p. 3819.)

(110 ILCS 205/6) (from Ch. 144, par. 186)

Sec. 6. The Board, in cooperation with the Illinois Community College Board, shall analyze the present and future aims, needs and requirements of higher education in the State of Illinois and prepare a strategic plan for the development, expansion, integration, coordination and efficient utilization of the facilities, curricula and standards of higher education for public institutions of higher education in the areas of teaching, research and public service. The strategic plan shall also include higher education affordability and accessibility measures. The Board, in cooperation with the Illinois Community College Board, shall formulate the strategic plan and prepare and submit to the General Assembly and the Governor drafts of proposed legislation to effectuate the plan. The Board, in cooperation with the Illinois Community College Board, shall engage in a continuing study, an analysis, and an evaluation of the strategic plan so developed, and it shall be its responsibility to recommend, from time to time as it determines, amendments and modifications of any strategic plan enacted by the General Assembly.

(Source: P.A. 102-1046, eff. 6-7-22.)

(110 ILCS 205/6.1) (from Ch. 144, par. 186.1)

Sec. 6.1. (Repealed).

(Source: Laws 1965, p. 900. Repealed by P.A. 89-657, eff. 8-14-96.)

(110 ILCS 205/6.2)

Sec. 6.2. (Repealed).

(Source: P.A. 82-789. Repealed by P.A. 99-655, eff. 7-28-16.)

(110 ILCS 205/6.3) (from Ch. 144, par. 186.3)

Sec. 6.3. (Repealed).

(Source: P.A. 90-372, eff. 7-1-98. Repealed internally, eff. 7-1-98.)

(110 ILCS 205/7) (from Ch. 144, par. 187)

Sec. 7. The Board of Trustees of the University of Illinois, the Board of Trustees of Southern Illinois University, the Board of Trustees of Chicago State University, the Board of Trustees of Eastern Illinois University, the Board of Trustees of Governors State University, the Board of Trustees of Illinois State University, the Board of Trustees of Northeastern Illinois University, the Board of Trustees of Northern Illinois University, the Board of Trustees of Western Illinois University, the Illinois Community College Board and the campuses under their governance or supervision shall not hereafter undertake the establishment of any new unit of instruction, research, or public service without the approval of the Board. The term "new unit of instruction, research, or public service" includes the establishment of a college, school, division, institute, department, or other unit in any field of instruction, research, or public service not theretofore included in the program of the institution, and includes the establishment of any new branch or campus. The term does not include reasonable and moderate extensions of existing curricula, research, or public service programs which have a direct relationship to existing programs; and the Board may, under its rulemaking power, define the character of such reasonable and moderate extensions.

Such governing boards shall submit to the Board all proposals for a new unit of instruction, research, or public service. The Board may approve or disapprove the proposal in whole or in part or approve modifications thereof whenever in its judgment such action is consistent with the objectives of an existing or proposed strategic plan of higher education.

The Board of Higher Education is authorized to review periodically all existing programs of instruction, research, and public service at the State universities and colleges and to advise the appropriate board of control if the contribution of each program is not educationally and economically justified. Each State university shall report annually to the Board on programs of instruction, research, or public service that have been terminated, dissolved, reduced, or consolidated by the university. Each State university shall also report to the Board all programs of instruction, research, and public service that exhibit a trend of low performance in enrollments, degree completions, and high expense per degree. The Board shall compile an annual report that shall contain information on new programs created, existing programs that have been closed or consolidated, and programs that exhibit low performance or productivity. The report must be submitted to the General Assembly. The Board shall have the authority to define relevant terms and timelines by rule with respect to this reporting.

(Source: P.A. 101-81, eff. 7-12-19; 102-1046, eff. 6-7-22.)

(110 ILCS 205/8) (from Ch. 144, par. 188)

Sec. 8. The Board of Trustees of the University of Illinois, the Board of Trustees of Southern Illinois University, the Board of Trustees of Chicago State University, the Board of Trustees of Eastern Illinois University, the Board of Trustees of Governors State University, the Board of Trustees of Illinois State University, the Board of Trustees of Northeastern Illinois University, the Board of Trustees of Northern Illinois University, and the Board of Trustees of Western Illinois University shall submit to the Board not later than the 15th day of November of each year its budget proposals for the operation and capital needs of the institutions under its governance or supervision for the ensuing fiscal year. The Illinois Community College Board shall submit to the Board by December 15 of each year its budget proposal for the operation and capital needs of the institutions under its governance or supervision for the ensuing fiscal year. Each budget proposal shall conform to the procedures developed by the Board in the design of an information system for State universities and colleges.

In order to maintain a cohesive system of higher education, the Board and its staff shall communicate on a regular basis with all public university presidents. They shall meet at least semiannually to achieve economies of scale where possible and provide the most innovative and efficient programs and services.

The Board, in the analysis of formulating the annual budget request, shall consider rates of tuition and fees and undergraduate tuition and fee waiver programs at the State universities and colleges. The Board shall also consider the current and projected utilization of the total physical plant of each campus of a university or college in approving the capital budget for any new building or facility.

The Board of Higher Education shall submit to the Governor, to the General Assembly, and to the appropriate budget agencies of the Governor and General Assembly its analysis and recommendations on such budget proposals.

The Board is directed to form a broad-based group of individuals representing the Office of the Governor, the General Assembly, public institutions of higher education, State agencies, business and industry, statewide organizations representing faculty and staff, and others as the Board shall deem appropriate to devise a system for allocating State resources to public institutions of higher education based upon performance in achieving State goals related to student success and certificate and degree completion.

Beginning in Fiscal Year 2013, the Board of Higher Education budget recommendations to the Governor and the General Assembly shall include allocations to public institutions of higher education based upon performance metrics designed to promote and measure student success in degree and certificate completion. Public university metrics must be adopted by the Board by rule, and public community college metrics must be adopted by the Illinois Community College Board by rule. These metrics must be developed and promulgated in accordance with the following principles:

(1) The metrics must be developed in consultation with public institutions of higher education, as well as other State educational agencies and other higher education organizations, associations, interests, and stakeholders as deemed appropriate by the Board.

(2) The metrics shall include provisions for recognizing the demands on and rewarding the performance of institutions in advancing the success of students who are academically or financially at risk, including first-generation students, low-income students, and students traditionally underrepresented in higher education, as specified in Section 9.16 of this Act.

(3) The metrics shall recognize and account for the differentiated missions of institutions and sectors of higher education.

(4) The metrics shall focus on the fundamental goal of increasing completion of college courses, certificates, and degrees. Performance metrics shall recognize the unique and broad mission of public community colleges through consideration of additional factors including, but not limited to, enrollment, progress through key academic milestones, transfer to a baccalaureate institution, and degree completion.

(5) The metrics must be designed to maintain the quality of degrees, certificates, courses, and programs.

In devising performance metrics, the Board may be guided by the report of the Higher Education Finance Study Commission.

Each State university must submit its plan for capital improvements of non-instructional facilities to the Board for approval before final commitments are made if the total cost of the project as approved by the institution's board of control is in excess of $2 million. Non-instructional uses shall include but not be limited to dormitories, union buildings, field houses, stadium, other recreational facilities and parking lots. The Board shall determine whether or not any project submitted for approval is consistent with the strategic plan for higher education and with instructional buildings that are provided for therein. If the project is found by a majority of the Board not to be consistent, such capital improvement shall not be constructed.

(Source: P.A. 102-1046, eff. 6-7-22; 103-940, eff. 8-9-24.)

(110 ILCS 205/9) (from Ch. 144, par. 189)

Sec. 9. The Board shall exercise the powers and duties specified in the following Sections preceding Section 10 in addition to those otherwise specified in this Act.

(Source: P.A. 85-1019.)

(110 ILCS 205/9.01) (from Ch. 144, par. 189.01)

Sec. 9.01. To cause to be made such surveys and evaluations of higher education as it believes necessary for the purpose of providing the appropriate information to carry out its powers and duties.

(Source: P.A. 79-94.)

(110 ILCS 205/9.02) (from Ch. 144, par. 189.02)

Sec. 9.02. To recommend to the General Assembly the enactment of such legislation as it deems necessary or desirable to insure the high quality of higher education in this State.

(Source: P.A. 79-94.)

(110 ILCS 205/9.03) (from Ch. 144, par. 189.03)

Sec. 9.03. To advise and counsel the Governor, at his or her request, regarding any area of, or matter pertaining to, higher education.

(Source: P.A. 100-167, eff. 1-1-18.)

(110 ILCS 205/9.04) (from Ch. 144, par. 189.04)

Sec. 9.04. To submit to the Governor and the General Assembly a written report covering the activities engaged in and recommendations made. This report shall be submitted in accordance with the requirements of Section 3 of the State Finance Act.

The requirement for reporting to the General Assembly shall be satisfied by filing electronic or paper copies of the report as required by Section 3.1 of the General Assembly Organization Act, and filing such additional electronic or paper copies with the State Government Report Distribution Center for the General Assembly as is required under paragraph (t) of Section 7 of the State Library Act.

(Source: P.A. 100-167, eff. 1-1-18; 100-1148, eff. 12-10-18.)

(110 ILCS 205/9.05) (from Ch. 144, par. 189.05)

Sec. 9.05. To make rules and regulations for its meetings, procedures and the execution of the powers and duties delegated to it by this Act.

(Source: P.A. 79-94.)

(110 ILCS 205/9.06) (from Ch. 144, par. 189.06)

Sec. 9.06. To establish general policies with respect to the amount of charges for extension and adult education courses and for public services.

(Source: P.A. 79-94.)

(110 ILCS 205/9.07) (from Ch. 144, par. 189.07)

Sec. 9.07. Admission standards.

(a) Subject to the provisions of subsection (b), to establish minimum admission standards for public community colleges, colleges and state universities. However, notwithstanding any other provision of this Section or any other law of this State, the minimum admission standards established by the Board shall not directly or indirectly authorize or require a State college or university to discriminate in the admissions process against an applicant for admission because of the applicant's enrollment in a charter school established under Article 27A of the School Code. Admission standards for out-of-state students may be higher than for Illinois residents.

(b) Implementation of the new statewide minimum admission requirements and standards for public colleges and universities in Illinois established and announced by the Board in December, 1985 shall be deferred as provided in this subsection. The Board shall not attempt to implement or otherwise effect adoption and establishment of those minimum admission requirements and standards in any public community college, college or State university prior to the fall of 1993, and no public community college, college or State university shall be under any duty or obligation to implement, establish or otherwise apply those minimum admission requirements and standards to any entering freshmen prior to the fall of 1993.

The Board of Higher Education shall provide the State Superintendent of Education, on or before January 1, 1990, descriptions of course content, and such other criteria as are necessary to determine and certify whether all school districts maintaining grades 9-12 are offering courses which satisfy the minimum admission requirements and standards established and announced by the Board.

(c) By March 1, 1980, the Boards shall develop guidelines which: (1) place the emphasis on postsecondary remedial programs at Public Community Colleges and (2) reduces the role of the state universities in offering remedial programs. By June 30, 1981, the Board shall report to the General Assembly the progress made toward this transition in the emphasis on remedial programs at the postsecondary level and any legislative action that it deems appropriate. Under the guidelines, if a State university determines that a student needs remedial coursework, then the university must require that the student complete the remedial coursework before pursuing his or her major course of study.

(Source: P.A. 100-167, eff. 1-1-18.)

(110 ILCS 205/9.08) (from Ch. 144, par. 189.08)

Sec. 9.08. To design, establish, and supervise the operation of an information system for all State universities and colleges, to provide the Board with timely, comprehensive, and meaningful information pertinent to exercise of its duties. The information system shall be designed to provide comparable data on each State institution of higher education.

(Source: P.A. 79-94.)

(110 ILCS 205/9.09) (from Ch. 144, par. 189.09)

Sec. 9.09. To receive, receipt for, hold in trust, expend and administer, for all purposes of this Act, funds and other aid made available by the Federal Government or by other agencies public or private.

(Source: P.A.79-94.)

(110 ILCS 205/9.09a)

Sec. 9.09a. Arts and humanities organizations and cultural institutions. The Board of Higher Education is authorized to reimburse not-for-profit arts and humanities organizations and cultural institutions of Illinois, including but not limited to, museums and theater or dance companies, for the costs of providing educational programs to students of public institutions of higher education.

(Source: P.A. 90-361, eff. 1-1-98.)

(110 ILCS 205/9.10) (from Ch. 144, par. 189.10)

Sec. 9.10. (Repealed).

(Source: P.A. 89-430, eff. 12-15-95. Repealed by P.A. 95-626, eff. 6-1-08.)

(110 ILCS 205/9.11) (from Ch. 144, par. 189.11)

Sec. 9.11. Effective January 1, 1980, to require the preparation of an annual capital plan which details the proposed budget year and 3 year capital needs of the Board of Trustees of the University of Illinois, the Board of Trustees of Southern Illinois University, the Board of Trustees of Chicago State University, the Board of Trustees of Eastern Illinois University, the Board of Trustees of Governors State University, the Board of Trustees of Illinois State University, the Board of Trustees of Northeastern Illinois University, the Board of Trustees of Northern Illinois University, and the Board of Trustees of Western Illinois University. Such plan shall detail capital expenditures to finance revenue producing facilities through the issuance of revenue bonds. This plan shall detail each project and the project cost in current dollar amounts. The plan shall contain the appropriate detail for the proposed budget year and the 3 year plan which will justify the projects ability to meet: the debt service requirements by producing sufficient revenue, life expectancy and maintenance requirements. Such annual capital plans shall be submitted to the Commission on Government Forecasting and Accountability no later than March 15th of each year.

(Source: P.A. 93-1067, eff. 1-15-05.)

(110 ILCS 205/9.12) (from Ch. 144, par. 189.12)

Sec. 9.12. To encourage the coordination of research and service programs in the several State universities to furnish assistance to the communities and citizens of this State in meeting special economic needs arising from the removal or termination of substantial industrial or commercial operations and the waste of human and economic resources which often results from such removal.

Such programs may include assistance in identifying opportunities for the replacement of the lost operations, in determining the economic feasibility of the various opportunities available, and in the development of new products or services suitable for production in the particular facility made available by the relocation.

The Department of Commerce and Economic Opportunity may assist the universities by providing, with the assistance of the Board, a system for referring particular economic problems to the most appropriate research and service program.

(Source: P.A. 94-793, eff. 5-19-06.)

(110 ILCS 205/9.13) (from Ch. 144, par. 189.13)

Sec. 9.13. (Repealed).

(Source: P.A. 83-1329. Repealed by P.A. 100-167, eff. 1-1-18.)

(110 ILCS 205/9.14) (from Ch. 144, par. 189.14)

Sec. 9.14. (Repealed).

(Source: P.A. 90-372, eff. 7-1-98. Repealed internally, eff. 7-1-98.)

(110 ILCS 205/9.15) (from Ch. 144, par. 189.15)

Sec. 9.15. (Repealed).

(Source: P.A. 84-712. Repealed by P.A. 90-730, eff. 8-10-98.)

(110 ILCS 205/9.16) (from Ch. 144, par. 189.16)

Sec. 9.16. Underrepresentation of certain groups in higher education. To require public institutions of higher education to develop and implement an equity plan and practices that include methods and strategies to increase the access, retention, completion, and student loan repayment rates of minorities, rural students, adult students, women, and individuals with disabilities who are traditionally underrepresented in education programs and activities. To encourage private institutions of higher education to develop and implement an equity plan and practices. For the purpose of this Section, minorities shall mean persons who are any of the following:

(1) American Indian or Alaska Native (a person having origins in any of the original peoples of North and South America, including Central America, and who maintains tribal affiliation or community attachment).

(2) Asian (a person having origins in any of the original peoples of the Far East, Southeast Asia, or the Indian subcontinent, including, but not limited to, Cambodia, China, India, Japan, Korea, Malaysia, Pakistan, the Philippine Islands, Thailand, and Vietnam).

(3) Black or African American (a person having origins in any of the black racial groups of Africa).

(4) Hispanic or Latino (a person of Cuban, Mexican, Puerto Rican, South or Central American, or other Spanish culture or origin, regardless of race).

(5) Native Hawaiian or Other Pacific Islander (a person having origins in any of the original peoples of Hawaii, Guam, Samoa, or other Pacific Islands).

The Board shall adopt any rules necessary to administer this Section. The Board, in collaboration with the Illinois Community College Board, shall also do the following:

(a) require all public institutions of higher education to develop and submit an equity plan and implement practices that, at a minimum, close gaps in enrollment, retention, completion, and student loan repayment rates for underrepresented groups and encourage all private institutions of higher education to develop and submit such equity plans and implement such practices;

(b) conduct periodic review of public institutions of higher education and private institutions of higher education to determine compliance with this Section; and if the Board finds that a public institution of higher education is not in compliance with this Section, it shall notify the institution of steps to take to attain compliance;

(c) provide advice and counsel pursuant to this Section;

(d) conduct studies of the effectiveness and outcomes of the methods and strategies outlined in an institution's equity plan, as well as others designed to increase participation and success of students in education programs and activities in which minorities, rural students, adult students, women, and individuals with disabilities are traditionally underrepresented, and monitor and report the outcomes for students as a result of the implementation of equity plans;

(e) require components of an institution's equity plan to include strategies to increase minority student recruitment, retention, and student loan repayment rates in colleges and universities. In implementing this paragraph, the Board shall undertake, but need not be limited to, the following: the establishment of guidelines and plans for public institutions of higher education and private institutions of higher education for minority student recruitment, retention, and student loan repayment rates, including requirements to establish campus climate and culture surveys, the review and monitoring of minority student services, programs, and supports implemented at public institutions of higher education and private institutions of higher education to determine their compliance with any guidelines and plans so established, the determination of the effectiveness and funding requirements of minority student services, programs, and supports at public institutions of higher education and private institutions of higher education, the dissemination of successful programs as models, and the encouragement of cooperative partnerships between community colleges, local school attendance centers, and 4-year colleges and universities to support enrollment of minority students;

(f) mandate all public institutions of higher education and encourage all private institutions of higher education to submit data and information essential to determine compliance with this Section. The Board shall prescribe the format and the date for submission of this data and any other education equity data; and

(g) report to the General Assembly and the Governor annually with a description of the plans submitted by each public institution of higher education and each private institution of higher education for implementation of this Section, including financial data relating to the most recent fiscal year, the effectiveness of such plans and programs and the effectiveness of the methods and strategies developed by the Board in meeting the purposes of this Section, the degree of compliance with this Section by each public institution of higher education and each private institution of higher education as determined by the Board pursuant to its periodic review responsibilities, and the findings made by the Board in conducting its studies and monitoring student outcomes and institutional success as required by paragraph (d) of this Section. With respect to each public institution of higher education and each private institution of higher education, such report also shall include, but need not be limited to, information with respect to each institution's minority program budget allocations; minority student admission, retention and graduation and student loan repayment rate statistics; admission, retention, graduation, and student loan repayment rate statistics of all students who are the first in their immediate family to attend an institution of higher education; number of financial assistance awards, not including student loans, to undergraduate and graduate minority students; and minority faculty representation. This paragraph shall not be construed to prohibit the Board from making, preparing, or issuing additional surveys or studies with respect to minority education in Illinois.

(Source: P.A. 102-465, eff. 1-1-22; 102-1030, eff. 5-27-22; 102-1046, eff. 6-7-22; 103-154, eff. 6-30-23.)

(110 ILCS 205/9.17) (from Ch. 144, par. 189.17)

Sec. 9.17. The Board may audit or may require the audit of all grant funds annually. The Board shall take such other steps as it deems necessary to ensure the proper discharge of grant responsibilities.

(Source: P.A. 85-244.)

(110 ILCS 205/9.18) (from Ch. 144, par. 189.18)

Sec. 9.18. To review the annual budget proposals of the Illinois Mathematics and Science Academy and to submit to the Governor, the General Assembly, the Governor's Office of Management and Budget, and the Commission on Government Forecasting and Accountability its analysis and recommendations on such budget proposals.

(Source: P.A. 93-1067, eff. 1-15-05.)

(110 ILCS 205/9.19) (from Ch. 144, par. 189.19)

Sec. 9.19. (Repealed).

(Source: P.A. 89-4, eff. 1-1-96. Repealed by P.A. 90-730, eff. 8-10-98.)

(110 ILCS 205/9.20) (from Ch. 144, par. 189.20)

Sec. 9.20. (Repealed).

(Source: P.A. 86-869. Repealed by P.A. 100-167, eff. 1-1-18.)

(110 ILCS 205/9.21) (from Ch. 144, par. 189.21)

Sec. 9.21. Human Relations.

(a) The Board shall monitor, budget, evaluate, and report to the General Assembly in accordance with Section 9.16 of this Act on programs to improve human relations to include race, ethnicity, gender and other issues related to improving human relations. The programs shall at least:

(1) require each public institution of higher education to include, in the general education requirements for obtaining a degree, coursework on improving human relations to include race, ethnicity, gender and other issues related to improving human relations to address racism and sexual harassment on their campuses, through existing courses;

(2) require each public institution of higher education to report annually to the Department of Human Rights and the Attorney General on each adjudicated case in which a finding of racial, ethnic or religious intimidation or sexual harassment made in a grievance, affirmative action or other proceeding established by that institution to investigate and determine allegations of racial, ethnic or religious intimidation and sexual harassment; and

(3) require each public institution of higher education to forward to the local State's Attorney any report received by campus security or by a university police department alleging the commission of a hate crime as defined under Section 12-7.1 of the Criminal Code of 2012.

(b) In this subsection (b):

"Higher education institution" means a public university, a public community college, or an independent, not-for-profit or for-profit higher education institution located in this State.

"Sexual violence" means physical sexual acts attempted or perpetrated against a person's will or when a person is incapable of giving consent, including without limitation rape, sexual assault, sexual battery, sexual abuse, and sexual coercion.

On or before November 1, 2017 and on or before every November 1 thereafter, each higher education institution shall provide an annual report, concerning the immediately preceding calendar year, to the Department of Human Rights and the Attorney General with all of the following components:

(1) A copy of the higher education institution's most recent comprehensive policy adopted in accordance with Section 10 of the Preventing Sexual Violence in Higher Education Act.

(2) A copy of the higher education institution's most recent concise, written notification of a survivor's rights and options under its comprehensive policy, required pursuant to Section 15 of the Preventing Sexual Violence in Higher Education Act.

(3) The number, type, and number of attendees, if applicable, of primary prevention and awareness programming at the higher education institution.

(4) The number of incidents of sexual violence, domestic violence, dating violence, and stalking reported to the Title IX coordinator or other responsible employee, pursuant to Title IX of the federal Education Amendments of 1972, of the higher education institution.

(5) The number of confidential and anonymous reports to the higher education institution of sexual violence, domestic violence, dating violence, and stalking.

(6) The number of allegations in which the survivor requested not to proceed with the higher education institution's complaint resolution procedure.

(7) The number of allegations of sexual violence, domestic violence, dating violence, and stalking that the higher education institution investigated.

(8) The number of allegations of sexual violence, domestic violence, dating violence, and stalking that were referred to local or State law enforcement.

(9) The number of allegations of sexual violence, domestic violence, dating violence, and stalking that the higher education institution reviewed through its complaint resolution procedure.

(10) With respect to all allegations of sexual violence, domestic violence, dating violence, and stalking reviewed under the higher education institution's complaint resolution procedure, an aggregate list of the number of students who were (i) dismissed or expelled, (ii) suspended, (iii) otherwise disciplined, or (iv) found not responsible for violation of the comprehensive policy through the complaint resolution procedure during the reporting period.

The Office of the Attorney General shall maintain on its Internet website for public inspection a list of all higher education institutions that fail to comply with the annual reporting requirements as set forth in this subsection (b).

(Source: P.A. 99-426, eff. 8-21-15.)

(110 ILCS 205/9.22) (from Ch. 144, par. 189.22)

Sec. 9.22. International internship program. The Board of Higher Education is authorized to administer an institutional grant program to provide internship opportunities in international business and other international study practica, including overseas study, to students studying foreign languages, international studies, or international business at any public or nonpublic institution of higher education located in Illinois. The Board is authorized to administer and expend privately donated or federal funds that are received by the Board and that are designated to be used for the purposes of this Section. The Board shall administer the program and shall distribute the funds received for this purpose in the form of grants to public and nonpublic institutions of higher education located in Illinois. In awarding grants under this Section, the Board shall consider whether programs:

(1) comply with the standards necessary to meet the requirements of private or federal funding entities;

(2) provide opportunities for students from underrepresented groups; and

(3) meet other criteria that the Board determines are appropriate.

The Board may promulgate rules it deems necessary for the international internship program.

(Source: P.A. 87-1179.)

(110 ILCS 205/9.23) (from Ch. 144, par. 189.23)

Sec. 9.23. Consistent with policy objectives and priorities designed to assist in preparation of the workforce for the State's economy, the Board shall develop a comprehensive international education policy, the purposes of which shall be: (1) to facilitate the coordination of international academic programming and international activities, integrating those programs and activities into the teaching, research, and service missions of Illinois institutions of higher education; and (2) to facilitate the development of an international workforce for Illinois business and industry that is prepared to compete successfully for the benefit of the Illinois economy in the global business, scientific, and cultural environments.

(Source: P.A. 87-1179.)

(110 ILCS 205/9.24)

Sec. 9.24. Sports Equity in Intercollegiate Athletics. For the purpose of attaining gender equity in intercollegiate athletics, public institutions of higher education may grant, in addition to any such amounts previously authorized by the Board, tuition waivers in an amount not to exceed 1% of all tuition income. Intercollegiate athletics, for purposes of this Section, shall include only those sports sanctioned by the National Collegiate Athletic Association and the National Association of Intercollegiate Athletics, but shall not include club sports.

Before issuing any such tuition waiver, public institutions of higher education shall place on file with the Board a plan for achieving gender equity in intercollegiate athletics. The plan shall include, but not be limited to:

(1) intercollegiate sports opportunities available to both men and women;

(2) activities to be undertaken by the institution to achieve gender equity in intercollegiate athletics;

(3) identification of the barriers to achieving and maintaining equitable intercollegiate athletic opportunities for men and women;

(4) progress in achieving sports equity in compliance with Title IX of the Education Amendments of 1972; and

(5) the use of tuition waivers for attaining gender equity in intercollegiate sports.

The Board shall report every 3 years to the General Assembly and the Governor, on or before the second Wednesday of April, beginning in 2002, with a description of the plans submitted by each public institution of higher education relative to attainment of gender equity in intercollegiate sports. The report shall include financial data on tuition waivers and other intercollegiate athletic expenditures for men and women, the effectiveness of the plans, and the degree of compliance with Title IX of the Higher Education Act of 1965.

(Source: P.A. 91-792, eff. 6-9-00.)

(110 ILCS 205/9.25)

Sec. 9.25. (Repealed).

(Source: P.A. 96-995, eff. 1-1-11. Repealed by P.A. 100-167, eff. 1-1-18.)

(110 ILCS 205/9.26)

Sec. 9.26. Matching Grants. To establish and administer a program or programs of matching grants for use by Illinois higher education institutions as incentives in the competition for federal research grants and contracts. Matching grants will be made to stimulate increased federal and corporate research funds and to improve the research capabilities of Illinois institutions of higher education.

The Board shall adopt such rules and regulations as may be necessary to accomplish the purposes of this Section.

(Source: P.A. 90-730, eff. 8-10-98.)

(110 ILCS 205/9.27)

Sec. 9.27. (Repealed).

(Source: P.A. 91-357, eff. 7-29-99. Repealed by P.A. 100-167, eff. 1-1-18.)

(110 ILCS 205/9.28)

Sec. 9.28. (Repealed).

(Source: P.A. 91-357, eff. 7-29-99. Repealed by P.A. 101-149, eff. 7-26-19.)

(110 ILCS 205/9.29)

Sec. 9.29. Tuition and fee waiver report.

(a) The Board of Higher Education shall annually compile information concerning tuition and fee waivers and tuition and fee waiver programs that has been provided by the Boards of Trustees of the University of Illinois, Southern Illinois University, Chicago State University, Eastern Illinois University, Governors State University, Illinois State University, Northeastern Illinois University, Northern Illinois University, and Western Illinois University and shall report its findings and recommendations concerning tuition and fee waivers and tuition and fee waiver programs to the General Assembly by filing electronic or paper copies of its report by December 31 of each year as provided in Section 3.1 of the General Assembly Organization Act.

(b) No later than November 1, 2023, and annually thereafter, each public university must submit a report to the Board of Higher Education on the amount of tuition that undergraduate, degree-seeking students attending the university paid in the previous academic year that includes all of the following information:

(1) The percentage of undergraduate students who paid more than 75% of full tuition costs.

(2) The percentage of undergraduate students who paid more than 50% but no more than 75% of full tuition costs.

(3) The percentage of undergraduate students who paid more than 25% but no more than 50% of full tuition costs.

(4) The percentage of undergraduate students who paid no more than 25% of full tuition costs.

(5) The percentage of undergraduate students who had no tuition costs.

The tuition costs calculated under this subsection must reflect the amount of tuition paid by a student after all scholarships, grants, and other financial assistance have been applied to his or her tuition charge and must reflect only the amounts paid by undergraduate, degree-seeking students.

The Board of Higher Education must annually compile and submit to the General Assembly, as part of the report required under subsection (a), the information received under this subsection.

(Source: P.A. 103-288, eff. 7-28-23.)

(110 ILCS 205/9.30)

Sec. 9.30. Course transferability program.

(a) Subject to appropriation, the Board shall implement and administer a statewide program, using the World Wide Web, to assist students, advisors, faculty, and administrators from public and private institutions of higher education in obtaining consistent and accurate information about transfer courses and their applicability towards degree completion by publishing course equivalency guides, academic programs, courses offered, transfer course evaluations, and degree requirements.

(b) Under the program, the Board shall provide appropriate assistance and support to participating public and private institutions of higher education. The Board shall designate participants based on which institutions apply to be part of the program. However, all data shall be managed by each institution of higher education and each institution shall retain complete ownership of the data submitted.

(c) The program's Internet website shall contain the following:

(1) Transfer course articulations, which shall be updated annually.

(2) Institutional reference tables.

(3) Degree requirements, which shall be updated annually.

(4) Course banks, which shall be updated annually.

(5) Academic program pull down menus, which shall be updated annually.

(Source: P.A. 94-420, eff. 8-2-05.)

(110 ILCS 205/9.31)

Sec. 9.31. Competitive grants to nursing schools. In order to increase the number of nurses graduating from Illinois institutions of higher learning, the Board shall establish and administer a competitive grant program for institutions of higher learning that award degrees in nursing. The grants may be awarded on the basis of performance criteria that shall include, but not be limited to, degree production, student retention, and passage rates on professional licensure examinations.

The Board shall adopt those rules that are necessary for the implementation and administration of the grants established under this Section.

(Source: P.A. 94-1020, eff. 7-11-06.)

(110 ILCS 205/9.32)

Sec. 9.32. Nurse educator fellowship program. In order to ensure the retention of well-qualified nursing faculty, the Board shall establish and administer a nurse educator fellowship program that supplements nursing faculty salaries at institutions of higher learning that award degrees in nursing. Fellowships awarded under the program may be awarded on a competitive basis.

The Board shall adopt those rules that are necessary for the implementation and administration of the fellowship program established under this Section.

(Source: P.A. 94-1020, eff. 7-11-06.)

(110 ILCS 205/9.33)

Sec. 9.33. Collaborative Baccalaureate Degree Development Grant Program.

(a) The Board shall implement and administer a grant program, to be referred to as the Collaborative Baccalaureate Degree Development Grant Program, to help deliver upper division courses and bachelor's degree programs offered by bachelor's degree-granting colleges and universities at a location geographically convenient to student populations currently being served by existing public community colleges. The Board shall adopt rules regarding eligibility criteria and a process for the annual application and awarding of grants. The grant application and award process shall be as efficient as possible to encourage collaborative applications and shall include consideration of existing programs and facilities.

(b) A grant application must be jointly submitted by one public community college and one or more public or private, not-for-profit, 4-year colleges or universities.

(c) Grants may be used for any combination of the following:

(1) Instructional space on or near a community college.

(2) Required training and advanced education of faculty for the new programs.

(3) Instructional technology tools.

(4) Marketing and promotion for joint efforts.

(5) Other purposes related to the collaboration efforts, as allowed by the Board's program rules.

(d) In order to better ensure the commitment of the partnering institutions, the Board shall require that each partnering institution (both the community college and the 4-year institution or institutions) must also invest in the partnership. Each grant application must include how the State's grant will be matched by dollars from the partner institutions. The combined investment of the partner institutions must equal no less than 50% of the amount of the grant.

(e) The Board shall adopt any rules that are necessary for the implementation of this Section.

(Source: P.A. 96-535, eff. 8-14-09.)

(110 ILCS 205/9.34)

Sec. 9.34. (Repealed).

(Source: P.A. 100-10, eff. 6-30-17. Repealed internally, eff. 12-1-17.)

(110 ILCS 205/9.35)

Sec. 9.35. Assistance in financial emergencies.

(a) In this Section, "financial emergency" means a situation that requires a reduction or reallocation of staff and expenditures and the consequent reduction, reorganization, or termination of programs and activities that cannot be achieved through normal academic, administrative, budgetary, and personnel processes.

(b) In fiscal year 2017 the Board, in consultation with the Illinois Community College Board, shall conduct a review to determine the existence of a financial emergency at a public institution of higher education that requires financial assistance from the Board, but only after the institution's governing board has formally requested the review by adopting a resolution stating that the institution is in a state of financial emergency that requires financial assistance from the Board. To be in a state of financial emergency, the institution must demonstrate that it is significantly diminishing all available resources and must satisfy any other factors determined appropriate by the Board. Subject to appropriation, payments shall be made to institutions in a state of financial emergency, in such amounts as shall be deemed necessary by the Board, in order to minimize, to the extent practicable, adverse impacts to students as a consequence of emergent staff or programmatic reductions.

(Source: P.A. 99-523, eff. 6-30-16.)

(110 ILCS 205/9.36)

Sec. 9.36. Processing fee.

(a) The Board may collect a fee to cover the cost of processing and handling individual student-level data requests pursuant to an approved data sharing agreement. The fee shall not be assessed on any entities that are complying with State or federal-mandated reporting. The fee shall be set by the Board by rule. Money from the fee shall be deposited into the BHE Data and Research Cost Recovery Fund.

(b) The Board may not provide personally identifiable information on individual students except in the case where an approved data sharing agreement is signed that includes specific requirements for safeguarding the privacy and security of any personally identifiable information in compliance with the federal Family Educational Rights and Privacy Act of 1974.

(c) The BHE Data and Research Cost Recovery Fund is created as a special fund in the State treasury. The Board shall deposit into the Fund moneys received from processing requests for individual student-level data. All moneys in the Fund shall be used by the Board, subject to appropriation, for costs associated with maintaining and updating the individual student-level data systems.

(Source: P.A. 100-417, eff. 8-25-17.)

(110 ILCS 205/9.37)

Sec. 9.37. (Repealed).

(Source: P.A. 101-81, eff. 7-12-19. Repealed internally, eff. 7-1-19.)

(110 ILCS 205/9.38)

Sec. 9.38. Tuition waiver. The Board may not limit the amount of tuition revenue that a public university may waive.

(Source: P.A. 100-824, eff. 8-13-18; 101-81, eff. 7-12-19.)

(110 ILCS 205/9.39)

Sec. 9.39. Emergency completion and student support services grants. Subject to appropriation, the Board shall award emergency completion grants and competitive grants for public university student support services.

(Source: P.A. 101-643, eff. 6-18-20.)

(110 ILCS 205/9.40)

Sec. 9.40. Review of university admission coursework.

(a) On or before May 1, 2021 and as needed thereafter, the Board of Higher Education shall compile a review that identifies, for each public university in this State, all courses the university will require or recommend a high school student take to be admitted to the university as an undergraduate student for the following school year. The review shall also include any required coursework or recommended coursework for a undergraduate admission into a specific academic major, college, or department of the university for the following school year. In order to allow public school districts sufficient time to fulfill their obligations under subsection (c) of Section 2-3.183 of the School Code, the review must also identify any new courses that each public university in this State will add to the review the following year. No new required or recommended coursework may be added to a review that has not been identified in the previous year's review.

(b) The Board of Higher Education shall make the review compiled under subsection (a) available to the public on its Internet website.

(c) The Board of Higher Education may adopt any rules necessary to implement this Section.

(Source: P.A. 101-654, eff. 3-8-21.)

(110 ILCS 205/9.41)

Sec. 9.41. Board of Higher Education State Contracts and Grants Fund; creation. The Board of Higher Education State Contracts and Grants Fund is created as a special fund in the State treasury. The Board shall deposit into the Fund moneys received from grants, awards, or other financial activities from state or local government agencies, and, where appropriate, other funds made available through contracts with state or local government agencies. Moneys in the Fund may be used by the Board, subject to appropriation, for grants, awards, contracts, and other purposes in accordance with this Act.

(Source: P.A. 102-699, eff. 4-19-22.)

(110 ILCS 205/9.42)

Sec. 9.42. Disclosure of donations from certain Russian, Belarusian, or sanctioned sources. The Board shall require each public institution of higher education to disclose to the Board any endowment or other donation given to the institution from a source associated with any individual or entity listed on the sanctions list maintained by the U.S. Department of Treasury's Office of Foreign Asset Control or any company that is domiciled or has its principal place of business in Russia or Belarus and is on the list of restricted companies developed by the Illinois Investment Policy Board under Section 1-110.16 of the Illinois Pension Code.

(Source: P.A. 102-1108, eff. 12-21-22.)

(110 ILCS 205/9.43)

Sec. 9.43. Hunger-free campus grant program.

(a) The Board shall establish a hunger-free campus grant program for the purposes set forth under subsection (b).

(b) The purpose of the hunger-free campus grant program shall be to provide grants to public institutions of higher education that have one or more campuses designated by the Board as hunger-free campuses under subsection (c). The purpose of the grant funding shall be to:

(1) address student hunger;

(2) leverage more sustainable solutions to address basic food needs on campus;

(3) raise awareness of services currently offered on campus that address basic food needs; and

(4) continue to build strategic partnerships at the federal, State, and local levels to address food insecurity among students.

(c) In order to be designated as a hunger-free campus by the Board, a public institution of higher education shall:

(1) establish a hunger task force that meets a minimum of 3 times per academic year to set at least 2 goals with action plans and that includes representatives from the student body;

(2) designate a staff member responsible for assisting students with enrollment in the Supplemental Nutrition Assistance Program (SNAP);

(3) provide options for students to utilize SNAP benefits at campus stores or provide students with information on establishments in the surrounding area of campus where they can utilize SNAP benefits;

(4) participate in an awareness day campaign activity and plan a campus awareness event during the national Hunger and Homelessness Awareness Week;

(5) provide at least one physical food pantry on campus or enable students to receive food through a separate, stigma-free arrangement with a local food pantry or food bank near campus;

(6) develop a student meal credit donation program or designate a certain amount of money for free meal vouchers for students; and

(7) annually conduct a student survey on hunger, developed by the Board, and submit the results of the survey to the Board at a time prescribed by the Board for inclusion in a comparative profile of each campus designated as a hunger-free campus. Survey data on student hunger shall be disaggregated by race, gender identity, sexual orientation, parenting status, and financial aid status of students. In the development of the survey, the Board may utilize any existing surveys designed to collect information on food insecurity among students enrolled in public institutions of higher education.

(d) The Board shall allocate grant funding to each public institution of higher education that has one or more campuses designated by the Board as a hunger-free campus under subsection (c). The Board shall determine the amount of each grant that shall be used by the public institution of higher education to further address food insecurity among students enrolled in the public institution of higher education. The Board shall prioritize grants to public institutions of higher education with campuses that serve primarily minority and low-income students and have a high percentage of Pell Grant recipients.

(e) The Board shall submit a report to the Governor and to the General Assembly no later than 2 years after the establishment of the hunger-free campus grant program. The report shall include, but not be limited to, the number and amount of the grant awards, the impact the hunger-free campus grant program has on establishing additional hunger-free campuses at public institutions of higher education and reducing the number of students experiencing food insecurity, disaggregated data on those students served reflecting the students' race, gender identity, sexual orientation, parenting status, and financial aid status, and recommendations on the expansion of the hunger-free campus grant program.

(f) The Hunger-Free Campus Grant Fund is created as a special fund in the State treasury. All money in the Fund shall be used, subject to appropriation, by the Board for the hunger-free campus grant program.

(g) The Board may adopt any rules necessary to implement this Section.

(Source: P.A. 103-435, eff. 8-4-23.)

(110 ILCS 205/9.44)

Sec. 9.44. In-demand job list.

(a) The Board, in collaboration with the Department of Commerce and Economic Opportunity and Department of Employment Security, shall compile, on an annual basis, a list of the most in-demand jobs in this State, along with the starting salary, the median salary, and the typical education level for those jobs.

Upon request, the Department of Commerce and Economic Opportunity and the Department of Employment Security shall furnish data to the Board to fulfill the requirements of this subsection (a).

(b) The Board shall make the list compiled under subsection (a) available to the public on its Internet website.

(Source: P.A. 103-633, eff. 7-1-24.)

(110 ILCS 205/10) (from Ch. 144, par. 190)

Sec. 10. The Board of Trustees of the University of Illinois, the Board of Trustees of Southern Illinois University, the Board of Trustees of Chicago State University, the Board of Trustees of Eastern Illinois University, the Board of Trustees of Governors State University, the Board of Trustees of Illinois State University, the Board of Trustees of Northeastern Illinois University, the Board of Trustees of Northern Illinois University, the Board of Trustees of Western Illinois University, and the Illinois Community College Board shall retain all the powers and duties heretofore given and conferred upon them by statute, except insofar as they are limited by the powers and duties delegated to the Board of Higher Education by this Act.

Nothing, however, in this Act shall be construed to prevent individual state universities and colleges from establishing higher minimum admission requirements and higher minimum admission requirements may be established for out-of-state students than for Illinois residents.

(Source: P.A. 89-4, eff. 1-1-96.)

(110 ILCS 205/11) (from Ch. 144, par. 191)

Sec. 11. In the formulation of a strategic plan of higher education and in the discharge of its duties under this Act, the Board shall give consideration to the problems and attitudes of private junior colleges, private colleges and universities, and of other educational groups, instrumentalities and institutions, and to specialized areas of education, as they relate to the overall policies and problems of higher education.

(Source: P.A. 102-1046, eff. 6-7-22.)

(110 ILCS 205/12) (from Ch. 144, par. 192)

Sec. 12. The Board may examine the books, records and files of any public institution of higher education, and of any office of state government, as to matters germane to its responsibilities hereunder, subject only to laws or regulations pertaining to the confidential nature of information or data. The officers and employees of all public institutions of higher education, and of state agencies of government, shall afford the Board, its members, and authorized agents and representatives, access to all such books, records and files, and furnish to them such information as they have relating to the Board's functions and responsibilities. The Board may hold hearings at such places as it deems desirable.

(Source: Laws 1961, p. 3819.)

(110 ILCS 205/13)

Sec. 13. Leadership training for university board members.

(a) The Board shall require every voting member of the governing board of a public university appointed for a term beginning after January 1, 2016 to complete a minimum of 4 hours of professional development leadership training covering topics that shall include, but are not limited to, public university and labor law, contract law, ethics, sexual violence on campus, financial oversight and accountability, audits, and fiduciary responsibilities of a member of a governing board within 2 years after beginning service and within every 2 years of service thereafter.

(b) A public university shall maintain on its Internet website the names of all voting members of the governing board who have successfully completed the training.

(b-5) Beginning July 1, 2022, the Board shall create and maintain on its Internet website an online trustee resource center that shall, at a minimum, do all of the following:

(1) provide updates on all statutes relevant to the work of the governing boards of universities;

(2) include all of the documents and resources provided to trustees during the professional development leadership training course; and

(3) provide an online portal for trustees to submit questions and receive answers from the Board.

(c) Beginning after the effective date of this amendatory Act of the 99th General Assembly, by July 31 of each year, the chairperson of each governing board shall certify to the Board the number of hours of training that each member received during the preceding fiscal year.

(d) If the certification indicates that a board member has not completed the training required under this Section, the Board shall send a notice to the Governor, the President of the Senate, the Minority Leader of the Senate, the Speaker of the House of Representatives, and the Minority Leader of the House of Representatives of that fact, and the governing board shall suspend the board member from continued service, at which point, the board member has 45 days to complete all training deemed incomplete as provided by the certification. Failure of the board member to complete the necessary training within this probationary period constitutes a resignation from and creates a vacancy in the governing board, to be filled as provided by law.

(e) The training under this Section may be provided by the Board or by other qualified providers approved by the Board.

(Source: P.A. 102-378, eff. 8-13-21.)

(110 ILCS 205/15) (from Ch. 144, par. 193)

Sec. 15. The provisions of "The Illinois Administrative Procedure Act", as now or hereafter amended, are hereby expressly adopted and incorporated herein as though a part of this Act, and shall apply to all administrative rules and procedures of the Board of Higher Education under this Act.

(Source: P.A. 80-866.)

(110 ILCS 205/16)

Sec. 16. Record retention requirements when an institution of higher education closes; student records; institutional transfer agreements.

(a) In this Section:

"Academic records" means the academic records of each former student of an institution of higher education that is traditionally provided on an academic transcript, including, but not limited to, courses taken, terms, grades, and any other similar information.

"Institution of higher education" means any publicly or privately operated university, college, junior college, business, technical or vocational school, or other educational institution offering degrees and instruction beyond the secondary school level. "Institution of higher education" does not include a public community college.

"Institutional transfer agreement" means an articulation agreement or transfer agreement between 2 or more institutions of higher education wherein one institution agrees to accept the transfer of earned student credits from a former student of an institution that has discontinued operations.

(b) In the event an institution of higher education proposes to discontinue its operations, the chief administrative officer of the institution shall submit a plan to the Board for permanent retention of all academic records, including student records and academic records of the institution. The plan must be approved by the Executive Director of the Board before it is executed. In addition, the plan shall include the release of any institutional holds placed on any student record, regardless of the type of hold placed on a student record.

(c) If it appears to the Board that the academic records, including student records and academic records, of an institution of higher education kept pursuant to an approved plan under subsection (b) of this Section may become lost, hidden, destroyed, or otherwise made unavailable to the Board, the Board may seize and take possession of the records, on its own motion and without order of a court.

(Source: P.A. 102-1046, eff. 6-7-22.)