Full Text of SB2155 94th General Assembly
SB2155 94TH GENERAL ASSEMBLY
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94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006 SB2155
Introduced 11/2/2005, by Sen. Emil Jones, Jr. SYNOPSIS AS INTRODUCED: |
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105 ILCS 425/6 |
from Ch. 144, par. 141 |
105 ILCS 425/11 |
from Ch. 144, par. 146 |
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Amends the Private Business and Vocational Schools Act. With respect to an application for a certificate of approval, provides that a certificate of deposit may be included instead of a surety company bond. Provides that a sales representative may provide a certificate of deposit instead of a surety company bond. Effective immediately.
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A BILL FOR
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SB2155 |
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LRB094 14948 NHT 50036 b |
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| AN ACT concerning education.
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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 Private Business and Vocational Schools Act | 5 |
| is amended by changing Sections 6 and 11 as follows:
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| (105 ILCS 425/6) (from Ch. 144, par. 141)
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| 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:
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| 1. The legal title and name of the school, together with | 14 |
| ownership and
controlling officers, members, and managing | 15 |
| employees;
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| 2. The specific courses of instruction which will be | 17 |
| offered, and
the specific purposes of such instruction;
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| 3. The place or places where such instruction will be given | 19 |
| and a
description of the physical and sanitary facilities | 20 |
| thereof;
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| 4. A written inspection report of approval by the State | 22 |
| Fire Marshal
or his designee for use of the premises as a | 23 |
| school;
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| 5. A specific listing of the equipment available for | 25 |
| instruction in each
course of instruction, with the maximum | 26 |
| enrollment that
such equipment will accommodate;
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| 6. The names, addresses and current status of all schools | 28 |
| of which each
applicant has previously owned any interest, and | 29 |
| a declaration as to
whether any of these schools were ever | 30 |
| denied accreditation or licensing,
or, lost accreditation or | 31 |
| licensing from any governmental body or accrediting agency;
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| 7. The educational and teaching qualifications of
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| instructors in each course and subject of instruction, and the | 2 |
| teacher to
student ratio established by rule by the | 3 |
| superintendent pursuant to
industry standards and after | 4 |
| soliciting and receiving comments by the
schools in each | 5 |
| industry;
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| 7.1. The qualifications of administrators;
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| 8. The financial resources available to establish and
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| maintain the school, documented by a
current balance sheet and | 9 |
| income statement prepared and certified by an
accountant or any | 10 |
| such similar evidence as required by the Superintendent;
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| 9. A continuous surety company bond, written by a company | 12 |
| authorized
to do business in this State, or certificate of | 13 |
| deposit for the protection of the contractual rights
including | 14 |
| faithful performance of all contracts and agreements for
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| students, their parents, guardians, or sponsors in a sum of up | 16 |
| to
$100,000, except that when the unearned prepaid tuition for | 17 |
| Illinois
students in the possession of the school, as annually | 18 |
| determined by
the Superintendent, exceeds $100,000
the bond or | 19 |
| certificate of deposit shall be in an amount equal to the | 20 |
| greatest amount of prepaid
tuition in the school's possession;
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| 10. Annual reports reflecting teacher, equipment and | 22 |
| curriculum
evaluations;
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| 11. Copies of enrollment agreements and retail installment | 24 |
| contracts
to be used in Illinois;
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| 12. Methods used to collect tuition and procedures
for | 26 |
| collecting delinquent payments;
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| 13. Copies of all brochures, films, promotional material
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| and written scripts, and media advertising and promotional | 29 |
| literature that
may be used to induce students to enroll in | 30 |
| courses of instruction;
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| 14. Evidence of liability insurance, in such form and | 32 |
| amount as the
Board shall from time to time prescribe pursuant | 33 |
| to rules and regulations
promulgated hereunder, to protect its | 34 |
| students and employees at its places
of business and at all | 35 |
| classroom extensions including any work
experience locations;
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| 15. Each application for a certificate of approval shall
be |
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| signed and certified under oath by the school's chief managing
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| employee and also by its individual owner or owners; provided, | 3 |
| that if the
applicant is a partnership or a corporation, then | 4 |
| such application shall be
signed and certified under oath by | 5 |
| the school's chief managing employee
and also by each member of | 6 |
| the partnership or each officer of the
corporation, as the case | 7 |
| may be;
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| 16. If the evaluation of a particular course or facility | 9 |
| requires the
services of an expert not employed by the State | 10 |
| Board of Education or if in
the interest of expediting the | 11 |
| approval, a school requests the State Board
of Education to | 12 |
| employ such an expert, the school shall reimburse the State
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| Board of Education for the reasonable cost of such services.
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| (Source: P.A. 85-1382 .)
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| (105 ILCS 425/11) (from Ch. 144, par. 146)
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| Sec. 11. Sales representative permits - Application -
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| Contents - Fees - Separate
permits.) Every sales representative | 18 |
| representing a school,
whether located in the State of Illinois | 19 |
| or without, shall make application
for a Sales Representative | 20 |
| Permit to the
Superintendent in writing upon
forms prepared and | 21 |
| furnished by the Superintendent. The sales
representative | 22 |
| shall
be approved by the Superintendent prior to solicitation | 23 |
| of students. Each
application shall state the name of the | 24 |
| school which the applicant will
represent, contain evidence of | 25 |
| the honesty, truthfulness, and integrity
of the applicant and | 26 |
| shall be accompanied
by the recommendation of two reputable | 27 |
| persons, neither of whom shall be
in the employ of
the school | 28 |
| or members of the applicant's immediate family, certifying
that | 29 |
| the applicant
is truthful, honest, and of good reputation, and | 30 |
| recommending that a permit
as a sales representative be | 31 |
| granted. The fee for an original permit
as a sales | 32 |
| representative shall be $100. The annual renewal
fee shall be | 33 |
| $50. A separate permit shall be obtained for each
school | 34 |
| represented by a sales representative.
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| In determining honesty, truthfulness and integrity under |
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| this Section,
the Superintendent may take into consideration | 2 |
| any
felony conviction of the
applicant, but such a conviction | 3 |
| shall
not operate as a bar to approval unless a court or parole | 4 |
| authority has
determined that the applicant is not | 5 |
| rehabilitated sufficiently to serve as
a sales representative.
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| Each sales
representative shall provide a continuous
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| surety company bond or certificate of deposit for the | 8 |
| protection of the contractual rights,
including loss resulting | 9 |
| from any fraud or misrepresentation used by the
sales | 10 |
| representative, of students, their parents, guardians or | 11 |
| sponsors,
in the penal sum of $2,000, except under exceptional | 12 |
| circumstances
up to $10,000, upon the order of the | 13 |
| Superintendent. The surety company
bond shall be written by a | 14 |
| company authorized to do business
in this State.
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| (Source: P.A. 83-1484.)
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