110 ILCS 1010/ Academic Degree Act.

(110 ILCS 1010/0.01) (from Ch. 144, par. 230)

Sec. 0.01. Short title. This Act may be cited as the Academic Degree Act.

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

(110 ILCS 1010/1) (from Ch. 144, par. 231)

Sec. 1. Declaration of policy.) It is the policy of this State to prevent deception of the public resulting from the offering, conferring and use of fraudulent or substandard degrees. Since degrees are constantly used by employers in judging the training of prospective employees, by public and private professional groups in determining qualifications for admission to and continuance of practice, and by the general public in assessing the extent of competence of persons engaged in a wide range of activities necessary to the general welfare, regulation by law of such evidences of academic achievement is in the public interest. To the same end, the protection of legitimate institutions and of those holding degrees from them is also in the public interest.

(Source: P.A. 79-803.)

(110 ILCS 1010/2) (from Ch. 144, par. 232)

Sec. 2. Definitions. As used in this Act:

(a) "Degree granting institution" means an educational facility maintained by any person, partnership, public or private corporation or public body and operating as a school, academy, institute, private junior college, college, university or entity of whatever kind which furnishes or offers to furnish instruction leading toward or prerequisite to an academic or professional degree beyond the secondary school level, and which requires that in order to obtain a degree the recipient thereof satisfactorily complete an appropriate course of class, laboratory or research study in person under a faculty whose members hold appropriate academic degrees or whose members possess appropriate moral, intellectual and technical skill and competence; however, this definition does not apply to Illinois public tax supported higher education institutions.

(b) "Degree" means any designation, appellation, series of letters or words, or other symbol which signifies or purports to signify that the recipient thereof has satisfactorily completed an organized academic program of study beyond the secondary school level.

(c) "Board" means the Board of Higher Education established under "An Act creating a Board of Higher Education, defining its powers and duties, making an appropriation therefor, and repealing an Act herein named", approved August 22, 1961, as now or hereafter amended.

(Source: P.A. 82-622.)

(110 ILCS 1010/3) (from Ch. 144, par. 233)

Sec. 3. Award of degrees.) A degree or any object in evidence thereof may be awarded only by a degree granting institution. Anything in this Act to the contrary notwithstanding, a degree granting institution may award honorary degrees; provided that any such degree be clearly represented to be honorary and that any other tangible object issued or purporting to be in evidence thereof shall state on its face expressly, clearly and conspicuously that the degree is honorary.

(Source: P.A. 79-803.)

(110 ILCS 1010/4) (from Ch. 144, par. 234)

Sec. 4. Period before award.

(a) Unless a degree granting institution was authorized to operate in Illinois, or was in operation, on August 14, 1961, it shall not award any earned degree until one year after it has filed a written notice with and until such institution has received the authorization and approval of the Board. Except as permitted under Section 5, no educational organization or entity shall be authorized to award any degree nor be approved as a degree granting institution unless it requires an appropriate period of instruction to be in residence. The notice shall be under oath or affirmation of the principal officer of the institution and shall contain: the name and address of the degree granting institution; the names and addresses of the president or other administrative head and of each member of the board of trustees or other governing board; a description of the degree or degrees to be awarded and the course or courses of study prerequisite thereto; and such additional information relevant to the purposes of this Act as the Board may prescribe. An amendment to the notice shall be under oath or affirmation of the principal officer of the institution and shall be filed with the Board prior to the award of any degree not contained in the original notice or prior amendments thereto. A degree authorized in an amendment shall not be awarded until one year after the filing of the amendment with and the authorization of the Board. The submission of the regular catalog of the institution shall, if it covers the matters hereinabove mentioned, be deemed to constitute compliance herewith.

(b) A degree granting institution shall keep the notice which it shall have filed with the Board current at all times. For this purpose, it shall report annually, by appropriate amendment of the notice, any change in any fact previously reported.

(c) The Board shall not approve any notice or amendment thereto filed pursuant to this Section unless it finds the facts stated therein to be correct and further finds that such facts constitute compliance with the requirements of this Act for degree granting institutions.

(d) The Board may not approve any notice, amendment, or application that has been plagiarized, in part or in whole, and may return any notice, amendment, or application. Additionally, the Board may not approve any notice, amendment, or application that has not been completed in its entirety. Any such uncompleted notice, amendment, or application shall be returned to the degree granting institution.

(e) The Board may not approve any proposed degree program unless it is educationally and economically consistent with the educational priorities and needs of this State and meets a need that is not currently met by existing institutions and is supported by clear evidence of need.

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

(110 ILCS 1010/5) (from Ch. 144, par. 235)

Sec. 5. Degrees by other than residence institutions.) (a) Any educational organization or entity which does not conduct instruction in residence may award degrees and qualify as a degree granting institution upon approval by the Board. Such approval shall be given only if the Board finds that the applicant, organization or entity:

(1) Maintains physical facilities suitable and sufficient to the giving of a program or programs of instruction of degree caliber in the field or fields wherein it proposes to grant degrees;

(2) Maintains a suitable and sufficient faculty for instruction in its degree granting program or programs;

(3) Maintains its student records in a safe and suitable place so that there is reasonable assurance that they are and will remain available for all normal purposes for a reasonable period of time;

(4) Maintains a stability sufficient to carry out its obligations under the enrollment contracts; and

(5) Complies with all provisions of this Act other than the requirement for instruction in residence.

(Source: P.A. 80-1309.)

(110 ILCS 1010/5.5)

Sec. 5.5. Disclosure of heightened monitoring of finances. Any institution approved by the Board under this Act shall make the following disclosures:

(a) If the United States Department of Education places the institution on either the Heightened Cash Monitoring 2 payment method or the reimbursement payment method, as authorized under 34 CFR 668.162, a clear and conspicuous disclosure that the United States Department of Education has heightened monitoring of the institution's finances and the reason for such monitoring. Such disclosure shall be made within 14 days of the action of the United States Department of Education both on the institution's website and to all students and prospective students on a form prescribed by the Board.

(b) Any other disclosure the Board requires by rule adopted pursuant to this Act.

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

(110 ILCS 1010/6) (from Ch. 144, par. 236)

Sec. 6. Right of inspection; penalty for refusal or obstruction. Any duly authorized employee or other representative of the Board may enter upon the premises of any degree granting institution or may have access through electronic means to inspect or otherwise examine the same and any books, papers or other records pertaining to the degree granting program of such institution including, but not limited to, financial records such as balance sheets, income statements, and cash flow statements. For failure to permit such entry, inspection or examination or for obstruction thereof, the Board may invalidate any notice filed with it by the degree granting institution and revoke any authorization made pursuant to Section 4 of this Act and may refuse to accept another notice from or on behalf of such institution or any person connected with the administration thereof until such refusal or obstruction has been withdrawn. Any action taken pursuant to this Section shall be in addition to any other penalty which may be imposed for violation of this Act.

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

(110 ILCS 1010/7) (from Ch. 144, par. 237)

Sec. 7. Unlawful Representations.) Neither the fact of filing nor the permission to grant any degree or degrees shall be held to mean that the Board has passed upon the relative merits of a particular course of instruction. Nothing in this Act shall be construed to be a legislative finding with respect to the suitability of instruction given entirely out of residence as a preparation for the granting of degrees. The only statement that may be made is that the institution is authorized to confer academic degrees. Any statement other than the foregoing is unlawful.

No corporate charter shall hereafter be issued to any entity to operate as or maintain a degree granting institution that has not been approved by the Board under this Act; nor shall any foreign corporation be authorized or licensed to operate as or maintain a degree granting institution in this State that has not been approved by the Board under this Act.

(Source: P.A. 80-1309.)

(110 ILCS 1010/7.5)

(This Section may contain text from a Public Act with a delayed effective date)

Sec. 7.5. Cease and desist order. The Board may issue a cease and desist order to any educational organization or entity operating without the required authorization to operate and grant degrees. The Board may impose a civil penalty for such a violation. Each day's violation shall constitute a separate offense. The penalty for such a violation shall be a fee or other conditions as established by rule. A penalty fee may not exceed $10,000 per violation. The Attorney General may bring an action in circuit court to enforce the collection of the penalty fee.

The cease and desist order shall be issued to the educational organization or entity, shall contain the name and address of the educational organization or entity and a brief factual statement, and shall identify this Act and the statutory citations of this Act allegedly violated and the penalty, if any, imposed. The cease and desist order must state clearly that the educational organization or entity may choose to request a hearing. If the educational organization or entity does not request a hearing with the Board or its designee within 30 days after the cease and desist order is served, then the cease and desist order shall become final and not subject to appeal notwithstanding anything to the contrary under Section 10 of this Act.

(Source: P.A. 103-683, eff. 1-1-25.)

(110 ILCS 1010/8) (from Ch. 144, par. 238)

Sec. 8. Penalties.

Any person, firm, corporation, partnership, association, degree granting institution, or other entity making any false statement in any notice or amendment thereto filed pursuant to Section 4 of this Act is guilty of perjury. Any other violation of this Act shall constitute a Class 4 felony. Each violation shall constitute a separate offense.

(Source: P.A. 77-2457.)

(110 ILCS 1010/9) (from Ch. 144, par. 239)

Sec. 9. Injunctions. The Board acting through the Attorney General may proceed by injunction against any violation of this Act, but no such proceeding and no order issued therein or as a result thereof shall bar the imposition of any other penalty which may be imposed for violation of this Act.

(Source: P.A. 80-1309.)

(110 ILCS 1010/10) (from Ch. 144, par. 240)

Sec. 10. Judicial review. The provisions of the Administrative Review Law, and all amendments and modifications thereof, and the rules adopted pursuant thereto, shall apply to and govern all proceedings for the judicial review of final administrative decisions of the Board. The term "administrative decision" is defined as in Section 3-101 of the Code of Civil Procedure.

(Source: P.A. 82-783.)

(110 ILCS 1010/10.5)

Sec. 10.5. Fees. Fees to cover the cost of reviewing applications for authorization to operate and for authorization to grant degrees may be set by the Board by rule.

Rulemaking authority to implement this amendatory Act of the 95th General Assembly, if any, is conditioned on the rules being adopted in accordance with all provisions of the Illinois Administrative Procedure Act and all rules and procedures of the Joint Committee on Administrative Rules; any purported rule not so adopted, for whatever reason, is unauthorized.

(Source: P.A. 95-1046, eff. 3-27-09.)

(110 ILCS 1010/10.10)

Sec. 10.10. Academic Quality Assurance Fund. The Academic Quality Assurance Fund is created as a special fund in the State treasury. All fees collected for the administration and enforcement of this Act and the Private College Act must be deposited into this Fund. All money in the Fund must be used, subject to appropriation, by the Board to supplement support for the administration and enforcement of this Act and the Private College Act and must not be used for any other purpose.

Rulemaking authority to implement this amendatory Act of the 95th General Assembly, if any, is conditioned on the rules being adopted in accordance with all provisions of the Illinois Administrative Procedure Act and all rules and procedures of the Joint Committee on Administrative Rules; any purported rule not so adopted, for whatever reason, is unauthorized.

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

(110 ILCS 1010/11) (from Ch. 144, par. 241)

Sec. 11. Exemptions. This Act shall not apply to any school or educational institution regulated or approved under the Nurse Practice Act.

This Act shall not apply to any of the following:

(a) in-training programs by corporations or other business organizations for the training of their personnel;

(b) education or other improvement programs by business, trade and similar organizations and associations for the benefit of their members only; or

(c) apprentice or other training programs by labor unions.

(Source: P.A. 95-639, eff. 10-5-07.)