Public Act 095-0343
 		





SB0280 Enrolled
LRB095 08373 RAS 28546 b






    AN ACT concerning regulation.

 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:


 
    Section 5. The Barber, Cosmetology, Esthetics, and Nail

Technology Act of 1985 is amended  by changing Section 3B-13 as 
follows:
 



    (225 ILCS 410/3B-13)



    (Section scheduled to be repealed on January 1, 2016)

    Sec. 3B-13. Rules; refunds. Schools regulated under this 
Section shall
issue refunds based on the following schedule.  
The refund policy shall provide
that:

    (1) Schools shall, when a student gives written notice of 
cancellation,
provide a refund in the amount of at least the 
following:


        (a) When notice of cancellation is given within 5 days 
    after the date of
enrollment, all application and 
    registration fees, tuition, and any other
charges shall be 
    refunded to the student.


        (b) When notice of cancellation is given after the 
    fifth day following
enrollment but before the completion of 
    the student's first day of class
attendance, the school may 
    retain no more than the application and registration
fee, 
    plus the cost of any books or materials which have been 
    provided by the
school and retained by the student.


        (c) When notice of cancellation is given after the 
    student's completion of
the first day of class attendance 
    but prior to the student's completion of 5%
of
the course 
    of instruction, the school may retain the application and

    registration fee and an amount not to exceed 10% of the 
    tuition and other
instructional charges or $300, whichever 
    is less, plus the cost of any books or
materials which have 
    been provided by the school.


        (d) When a student has completed 5% or more of the 
    course of instruction,
the school may retain the 
    application and registration fee and the cost of any
books 
    or materials which have been provided by the school but 
    shall refund a
part of the tuition and other instructional 
    charges in accordance with the
National Accrediting 
    Commission of Cosmetology Arts and Sciences and rules that

    the Department shall promulgate for purposes of this 
    Section.

    (2) Applicants not accepted by the school shall receive a 
refund of all
tuition and fees paid.

    (3) Application and registration fees shall be chargeable 
at initial
enrollment and shall not exceed $100.

    (4) Deposits or down payments shall become part of the 
tuition.

    (5)
The school shall mail a written acknowledgement of
a

student's

cancellation or written withdrawal to the student 
within 15 calendar days of
the date of notification.  Written 
acknowledgement is not necessary if a
refund has been mailed to 
the student within the 15 calendar days.

    (6) If the school cancels or discontinues a course, the 
student shall  be
entitled to receive from the school such 
refund or partial refund of the
tuition, fees, and other 
charges paid by the student or on behalf of the
student as is 
provided under rules promulgated by the Department.

    (7) Except as otherwise provided by this Act, all student 
refunds shall be
made by the school within 45
30 calendar days 
after
from the date of notice of the
student's cancellation or 
the date that the school determines that the student has 
officially or unofficially withdrawn.

    (8) A student shall give notice of cancellation to the 
school in writing.
The unexplained absence of a student from a 
school for more than 30 consecutive
calendar days shall 
constitute constructive notice of cancellation to the school.  
For
purposes of cancellation, the cancellation date shall be 
the last day of
attendance.

    (9) A school may make refunds which exceed those required 
by this Section.

    (10) Each student and former student shall be entitled to 
receive from the
school that the student attends or attended an 
official transcript of all
hours completed by the student at 
that school for which the applicable tuition,
fees, and other 
charges have been paid, together with the grades earned by the

student for those hours, provided that a student who withdraws 
from or drops
out of a school, by written notice of 
cancellation or otherwise, shall not be
entitled to any 
transcript of completed hours following the expiration of the

7-year period that began on the student's first day of 
attendance at the
school.  A reasonable fee, not exceeding $2, 
may be charged by the school
for each transcript after the 
first free transcript that the school is required
to provide to 
a student or former student under this Section.

(Source: P.A. 94-451, eff. 12-31-05.)