Illinois Administrative Code

Section 5001.100 Summary and Purpose This Part implements the provisions of the Freedom of Information Act [5 ILCS 140]. The purpose of this Part is to support the policy of providing public access to the public records in the possession of the State Board of Education while, at …

Section 5001.110 Definitions Terms used in this Part that are not defined in this Section shall have the same meaning as in the Freedom of Information Act. "FOIA" means the Freedom of Information Act. "Freedom of Information Officer" ("FIO") means the individual or his or her des…

Section 5001.200 Office to Which Requests Are Submitted a) Requests for public records shall be submitted in writing to the Freedom of Information Officer of the State Board of Education. Requests may be submitted by mail at the Freedom of Information Office, Illinois State Board…

Section 5001.210 Form and Content of Requests A request for public records shall provide the following information: a) The requester's full name, address and phone number, except that a requester who wishes to remain anonymous is not required to submit this information; b) A brie…

Section 5001.300 Agency Response a) The Agency shall respond to a written request for public records within the timeline provided in Section 3, Section 3.1 or Section 3.6 of the FOIA, as applicable. The timeline shall begin on the day after the request is received by an Agency em…

Section 5001.500 Inspection of Records a) For purposes of this Subpart E, "records" includes public records other than materials incorporated by reference in the administrative rules of the State Board of Education. b) Unless otherwise approved by the Agency, records will be made…

Section 5001.510 Copies of Public Records; Fees a) Copies of public records shall be provided to the requester only upon payment of any charges that are due. b) Charges for copies of public records shall be assessed in accordance with the "Fee Schedule for Duplication of Public R…

Section 5001.600 Inspection of Materials a) All materials incorporated by reference in administrative rules of the State Board of Education shall be available for inspection at the office of the Agency Rules Coordinator, 100 North First Street, Springfield, Illinois (telephone 21…

Section 5001.APPENDIX A Fee Schedule for Duplication of Public Records Type of Duplication Fee Paper copy from paper or electronic source, 50 pages or fewer No charge. Paper copy from paper or electronic source, 51 pages or more $.15 per page, except that no charge will be assess…

Section 5025.110 Purpose These rules are established to implement the provisions of The Freedom of Information Act ("Act") (Ill. Rev. Stat. 1987, ch. 116, par. 201 et seq.) and shall govern access to public records of the Board of Governors of State Colleges and Universities, its…

Section 5025.120 Freedom of Information Officers There shall be one Freedom of Information Officer at each of the Board of Governors universities and in the System Office. a) Requests for access to public records concerning the Board of Governors System, the Cooperative Computer …

Section 5025.130 Form and Content of Requests a) All requests under the Act for access to public records shall be in writing and shall contain the following information. 1) the name and address of the person submitting the request; 2) a specific description of the public records …

Section 5025.140 Inspection and Copying of Records a) Inspection of public records which are required by the Act to be made available for public inspection shall occur under the supervision of the Freedom of Information Officer in the place where the records are kept or the offic…

Section 5025.150 Fees a) The fee for copies of public records on letter or legal size paper shall not exceed $.25 per page. For copies which cannot be made on available standard office copying equipment a fee will be charged reasonably calculated by the Freedom of Information Off…

Section 5025.160 Denial of Requests A denial of a request for access to public records shall be made by the Freedom of Information Officer by letter mailed to the person submitting the request. The letter shall state the reasons for the denial and the names and titles of each per…

Section 5025.170 Response Time The Freedom of Information Officer shall respond to each request for access to public records within 7 working days after its receipt, unless the response time is extended for an additional period of not more than 7 working days in accordance with S…

Section 5025.180 Appeals a) Persons whose request for access to public records has been denied in whole or in part may appeal as follows: 1) for requests for access to public records concerning the Board of Governors System, the Cooperative Computer Center, or the Educational Com…

Section 5025.210 Rulemaking Rules are adopted in accordance with The Illinois Administrative Procedure Act (Ill. Rev. Stat. 1991, ch. 127, par. 1001-1 et seq.) after being recommended by the Chancellor and approved by the Board of Governors of State Colleges and Universities.

Section 5025.310 Description The Board of Governors of State Colleges and Universities is a body corporate and politic created to operate, manage, control, and maintain Chicago State University, Eastern Illinois University, Governors State University, Northeastern Illinois Univer…

Section 5025.320 Location of System Office and Universities a) The System Office of the Board of Governors is located at 2040 Hill Meadows Drive, Suite B, Springfield, IL 62702, the Cooperative Computer Center is located at 190 Prospect, Elmhurst, IL 60126, and the Educational Co…

Section 5050.10 Individual or Group Requests for Making Presentations to the Board a) General Public 1) A representative of the general public may request the opportunity to make a presentation, provided that his/her request is made to the Board Secretary no later than 3 business…

Section 5050.100 Rulemaking Procedures a) New rules, amendments or repealers will be initiated at the direction of the Board or its Executive Director, and may result in some cases from statutory changes, court decisions, or suggestions from interested individuals or advisory com…

Section 5050.20 Proposals for New Board Policies or Amendments to Existing Policy a) Any proposal by third parties purporting to advance a new policy or alter or amend an existing policy of the Board must be submitted in writing, indicating the precise nature of the proposed chan…

Section 5050.200 Organization of Illinois Board of Higher Education a) The Illinois Board of Higher Education, the State coordinating agency for public and private postsecondary education, is composed of 16 members: ten members appointed by the Governor with the consent of the Se…

Section 5050.30 Information Requests Requests for information or assistance from the Illinois Board of Higher Education should be directed to the Executive Director, Illinois Board of Higher Education, 1 N. Old State Capitol Plaza, Suite 333, Springfield, Illinois 62701-1377. (So…

Section 5050.40 Recording Meetings Subject to the provisions of Section 2.05 of the Open Meetings Act [5 ILCS 120], any person may record the proceedings of any open meeting by tape, film or other means. No equipment used for this purpose shall obstruct the view between any Board…

Section 5050.50 Attendance of a Board Member by Means Other Than Physical Presence Pursuant to the minimum requirements of Section 7 of the Open Meetings Act, a majority of the Board may allow a member to attend any meeting by video or audio conference provided adequate equipment…

Section 5050.APPENDIX A Organization Chart Illinois Board of Higher Education Board Secretary & Assistant to Executive Director Executive Director External Relations Diversity & Outreach Fiscal Affairs &Budgeting Academic Affairs Information Management & Research (Source: Amended…

Section 5051.101 Summary and Purpose a) This Part states the policy of Board of Higher Education (Board) for making its records available for reasonable public inspection while, at the same time, protecting legitimate interests in confidentiality. b) This Part: 1) Establishes the…

Section 5051.102 Definitions Terms not defined in this Section shall have the same meaning as in the Freedom of Information Act [5 ILCS 140]. The following definitions are applicable for purposes of this Part: "Act" means the Board of Higher Education Act [110 ILCS 205]. "Board" …

Section 5051.201 Records that Will Be Disclosed Upon request meeting the requirements of this Part, the Board shall disclose to the requester all records requested except that it shall not disclose certain records as provided in Section 5051.202 or 5051.203. Records covered under…

Section 5051.202 Records that Will Be Withheld from Disclosure When a request is made to inspect or copy a record that contains information that is otherwise exempt from disclosure under this Section, but also contains information that is not exempt from disclosure, the Board sha…

Section 5051.203 Statutory Exemptions To the extent provided for by the following statutes, the following shall be exempt from inspection and copying: a) All information determined to be confidential under Section 4002 of the Technology Advancement and Development Act [20 ILCS 70…

Section 5051.301 Submittal of Requests for Records a) Any request for public records should be submitted in writing to the FOI Officer at the Board. b) The Board has one FOI Officer, located in the Springfield office. c) Contact information for the FOI Officer can be found online…

Section 5051.302 Information To Be Provided in Requests for Records A request for records should include: a) The complete name, mailing address and telephone number of the requester; b) As specific a description as possible of the records sought. Requests that the Board considers…

Section 5051.303 Requests for Records for Commercial Purposes a) It is a violation of FOIA for a person to knowingly obtain a record for a commercial purpose without disclosing that it is for a commercial purpose if requested to do so by the Board. (Section 3.1(c) of FOIA) b) The…

Section 5051.401 Timeline for Board Response a) Except as stated in subsection (b) or (c), the Board will respond to any written request for records within 5 business days after its receipt of the request. Failure to comply with a written request, extend the time for response, or…

Section 5051.402 Requests for Records that the Board Considers Unduly Burdensome a) The Board will fulfill requests calling for all records falling within a category unless compliance with the request would unduly burden the Board, there is no way to narrow the request, and the b…

Section 5051.403 Requests for Records that Require Electronic Retrieval a) A request for records that requires electronic retrieval will be treated the same as any other request for records, with the same timeline and extensions as allowed for other records. b) The Board will ret…

Section 5051.404 Denials of Requests for Records a) The Board will deny requests for records when: 1) Compliance with the request would unduly burden the Board, as determined pursuant to Section 5051.402, and the requester has not reduced the request to manageable proportions; or…

Section 5051.405 Requests for Review of Denials − Public Access Counselor a) A person whose request to inspect or copy a record is denied by the Board may file a request for review with the Public Access Counselor established in the Office of the Attorney General not later than 6…

Section 5051.406 Circuit Court Review A requester also has the right to file suit for injunctive or declaratory relief in the Circuit Court for Sangamon County or for the county in which the requester resides, in accordance with the procedures set forth in Section 11 of FOIA.

Section 5051.407 Administrative Review A binding opinion issued by the Attorney General shall be considered a final decision of an administrative agency, for purposes of administrative review under the Administrative Review Law [735 ILCS 5/Art. III]. An action for administrative …

Section 5051.501 Inspection of Records a) The Board may make available records for personal inspection at the Board's headquarters office located at 431 E. Adams St., 2nd Floor, Springfield IL 62701-1404, or at another location agreed to by both the Board and the requester. No or…

Section 5051.502 Copying of Records; Fees a) In accordance with Section 5051.503, unless a fee is otherwise fixed by statute, the Board will provide copies of records and certifications of records in accordance with the fee schedule set forth in Appendix A. b) In calculating its …

Section 5051.503 Reduction and Waiver of Fees a) Fees may be reduced or waived by the Board if the requester states the specific purpose for the request and indicates that a waiver or reduction of the fee is in the public interest. In making this determination, the Board will con…

Section 5051.APPENDIX A Fee Schedule for Duplication and Certification of Records TYPE OF DUPLICATION FEE (PER COPY) Paper copy from original, up to and including 50 copies of black and white, letter or legal sized copies No charge Paper copy from original, in excess of 50 copies…