Illinois General Assembly - Full Text of HB4984
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Full Text of HB4984  96th General Assembly

HB4984sam001 96TH GENERAL ASSEMBLY

Sen. David Koehler

Filed: 4/27/2010

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 4984

2     AMENDMENT NO. ______. Amend House Bill 4984 by replacing
3 everything after the enacting clause with the following:
 
4     "Section 5. The Private Business and Vocational Schools Act
5 is amended by changing Sections 6, 9, and 13 as follows:
 
6     (105 ILCS 425/6)  (from Ch. 144, par. 141)
7     Sec. 6. Application for certificate - Contents. Every
8 person, partnership or corporation doing business in Illinois
9 desiring to obtain a certificate of approval shall make a
10 signed and verified application to the Superintendent upon
11 forms prepared and furnished by the Superintendent, which forms
12 shall include the following information:
13         1. The legal title and name of the school, together
14     with ownership and controlling officers, members, and
15     managing employees.
16         2. The specific courses of instruction which will be

 

 

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1     offered, and the specific purposes of such instruction.
2         3. The place or places where such instruction will be
3     given and a description of the physical and sanitary
4     facilities thereof.
5         4. A written inspection report of approval by the State
6     Fire Marshal or his designee for use of the premises as a
7     school.
8         5. A specific listing of the equipment available for
9     instruction in each course of instruction, with the maximum
10     enrollment that such equipment will accommodate.
11         6. The names, addresses and current status of all
12     schools of which each applicant has previously owned any
13     interest, and a declaration as to whether any of these
14     schools were ever denied accreditation or licensing, or,
15     lost accreditation or licensing from any governmental body
16     or accrediting agency.
17         7. The educational and teaching qualifications of
18     instructors in each course and subject of instruction, and
19     the teacher to student ratio established by rule by the
20     superintendent pursuant to industry standards and after
21     soliciting and receiving comments by the schools in each
22     industry.
23         7.1. The qualifications of administrators.
24         8. The financial resources available to establish and
25     maintain the school, documented by a current balance sheet
26     and income statement prepared and certified by an

 

 

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1     accountant or any such similar evidence as required by the
2     Superintendent.
3         9. A continuous surety company bond, written by a
4     company authorized to do business in this State, for the
5     protection of the contractual rights including faithful
6     performance of all contracts and agreements for students,
7     their parents, guardians, or sponsors in a sum of up to
8     $100,000, except that when the unearned prepaid tuition for
9     Illinois students in the possession of the school, as
10     annually determined by the Superintendent, exceeds
11     $100,000 the bond shall be in an amount equal to the
12     greatest amount of prepaid tuition in the school's
13     possession. In lieu of a surety bond, an applicant may,
14     with the advanced approval of the State Board of Education
15     prior to January 1, 2007, deposit with the State Board of
16     Education as security a certificate of deposit of any bank
17     organized or transacting business in the United States in
18     an amount equal to or greater than the amount of the
19     required bond. The applicant must first satisfy the State
20     Board of Education that the certificate of deposit is free
21     and clear of all liens, pledges, security interests, and
22     other encumbrances. The State Board of Education shall
23     perfect a first priority security interest in the
24     certificate of deposit to provide the protection required
25     under this item 9. The certificate of deposit must be held
26     and made payable in accordance with terms and provisions

 

 

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1     approved in advance by the State Board of Education and
2     must be replaced by a bond meeting the requirements set
3     forth in this item 9 within 180 days after the issuance of
4     the certificate of approval to the applicant. Failure to
5     replace the certificate of deposit with a continuous surety
6     company bond shall result in revocation of the certificate
7     of approval.
8         10. Annual reports reflecting teacher, equipment and
9     curriculum evaluations.
10         11. Copies of enrollment agreements and retail
11     installment contracts to be used in Illinois.
12         12. Methods used to collect tuition and procedures for
13     collecting delinquent payments.
14         13. Copies of all brochures, films, promotional
15     material and written scripts, and media advertising and
16     promotional literature that may be used to induce students
17     to enroll in courses of instruction.
18         14. Evidence of liability insurance, in such form and
19     amount as the Board shall from time to time prescribe
20     pursuant to rules and regulations promulgated hereunder,
21     to protect its students and employees at its places of
22     business and at all classroom extensions including any work
23     experience locations.
24         15. Each application for a certificate of approval
25     shall be signed and certified under oath by the school's
26     chief managing employee and also by its individual owner or

 

 

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1     owners; provided, that if the applicant is a partnership or
2     a corporation, then such application shall be signed and
3     certified under oath by the school's chief managing
4     employee and also by each member of the partnership or each
5     officer of the corporation, as the case may be.
6         16. If the evaluation of a particular course or
7     facility requires the services of an expert not employed by
8     the State Board of Education or if in the interest of
9     expediting the approval, a school requests the State Board
10     of Education to employ such an expert, the school shall
11     reimburse the State Board of Education for the reasonable
12     cost of such services.
13     From July 1, 2010 until June 30, 2012, application forms
14 shall provide that private business and vocational schools that
15 have obtained national accreditation from an accrediting
16 agency designated by the U.S. Department of Education may
17 submit evidence of current accreditation in lieu of responses
18 to the application requests delineated in this Section.
19 Applications submitted on evidence of national accreditation
20 must be approved or denied within 30 days after receipt. If no
21 action is taken within 30 days, the application shall be deemed
22 approved and a certificate of approval must be issued.
23 (Source: P.A. 94-1060, eff. 7-31-06.)
 
24     (105 ILCS 425/9)  (from Ch. 144, par. 144)
25     Sec. 9. Restriction of certificate to courses of

 

 

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1 instruction indicated in application - Supplementary
2 applications.
3     Any certificate of approval issued shall restrict the
4 school to the teaching of the courses of instruction indicated
5 in the application for the approval year for which the
6 certificate is issued. Prior to the offering of any additional
7 or supplementary courses of instruction the school shall make
8 application on forms prepared and furnished by the
9 Superintendent and secure approval from the Superintendent and
10 pay the fee prescribed therefor.
11     From July 1, 2010 until June 30, 2012, supplementary
12 application forms shall provide that private business and
13 vocational schools that have obtained national accreditation
14 for new courses or programs from an accrediting agency
15 designated by the U.S. Department of Education may submit
16 evidence of current accreditation in lieu of other application
17 requests. Supplementary applications submitted on evidence of
18 national accreditation must be approved or denied within 30
19 days after receipt. If no action is taken within 30 days, the
20 application shall be deemed approved and a certificate of
21 approval must be issued.
22 (Source: P.A. 83-1484.)
 
23     (105 ILCS 425/13)  (from Ch. 144, par. 148)
24     Sec. 13. Annual renewal of certificates and permits. Each
25 school and each sales representative that continues as such

 

 

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1 shall annually make application upon forms prepared and
2 furnished by the Superintendent to renew its certificate of
3 approval or his or her permit, as the case may be, and shall
4 pay the required annual renewal fee. The Superintendent shall
5 have the authority to designate renewal and expiration dates
6 for all certificates of approval and sales representative's
7 permits. Each such application shall be reviewed annually by
8 the Superintendent.
9     From July 1, 2010 until June 30, 2012, application forms
10 shall provide that private business and vocational schools that
11 have obtained national accreditation from an accrediting
12 agency designated by the U.S. Department of Education may
13 submit evidence of current accreditation in lieu of other
14 application requests. Applications submitted on evidence of
15 national accreditation must be approved or denied within 30
16 days after receipt. If no action is taken within 30 days, the
17 application shall be deemed approved and a certificate of
18 approval must be issued.
19 (Source: P.A. 85-1382.)
 
20     Section 99. Effective date. This Act takes effect July 1,
21 2010.".