95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008
HB4641


 
Introduced , by Rep. Elizabeth Coulson
 
SYNOPSIS AS INTRODUCED:
 		














225 ILCS 410/3B-13









    Amends the Barber, Cosmetology, Esthetics, and Nail
Technology Act of 1985.  In a provision concerning school refund policies, removes a reference to the National Accrediting Commission of Cosmetology Arts and Sciences.
















LRB095 16643 RAS 42674 b

















 


 


A BILL FOR









 











HB4641

LRB095 16643 RAS 42674 b






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    AN ACT concerning regulation.

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


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

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



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    (225 ILCS 410/3B-13)



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    (Section scheduled to be repealed on January 1, 2016)

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

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


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


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            (b) When notice of cancellation is given after the 
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        fifth day following
enrollment but before the 
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        completion of the student's first day of class

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        attendance, the school may retain no more than the 
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        application and registration
fee, plus the cost of any 
 


 






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        books or materials which have been provided by the

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        school and retained by the student.


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            (c) When notice of cancellation is given after the 
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        student's completion of
the first day of class 
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        attendance but prior to the student's completion of 5%

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


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            (d) When a student has completed 5% or more of the 
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        course of instruction,
the school may retain the 
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        application and registration fee and the cost of any

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        books or materials which have been provided by the 
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        school but shall refund a
part of the tuition and other 
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        instructional charges in accordance with the
National 
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        Accrediting Commission of Cosmetology Arts and 
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        Sciences and rules that
the Department shall 
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        promulgate for purposes of this Section.

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

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

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

 


 






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        (5)
The school shall mail a written acknowledgement of

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    a
student's

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

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

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

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

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

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        (10) Each student and former student shall be entitled 
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    to receive from the
school that the student attends or 
 


 






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    attended an official transcript of all
hours completed by 
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    the student at that school for which the applicable 
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    tuition,
fees, and other charges have been paid, together 
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    with the grades earned by the
student for those hours, 
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    provided that a student who withdraws from or drops
out of 
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    a school, by written notice of cancellation or otherwise, 
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    shall not be
entitled to any transcript of completed hours 
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    following the expiration of the
7-year period that began on 
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    the student's first day of attendance at the
school.  A 
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    reasonable fee, not exceeding $2, may be charged by the 
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    school
for each transcript after the first free transcript 
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    that the school is required
to provide to a student or 
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    former student under this Section.

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(Source: P.A. 94-451, eff. 12-31-05; 95-343, eff. 1-1-08.)