(225 ILCS 410/3B-10)
(Section scheduled to be repealed on January 1, 2026)
Requisites for ownership or operation of school.
firm, or corporation may own, operate, or conduct a school of barbering, cosmetology,
esthetics, hair braiding, or nail technology for the purpose of teaching barbering, cosmetology,
esthetics, hair braiding, or nail technology for compensation unless licensed by the Department. A licensed school is a postsecondary educational institution authorized by the Department to provide a postsecondary education program in compliance with the requirements of this Act. An applicant shall apply to the Department on forms
provided by the Department, pay the required fees, and comply with the
1. The applicant must submit to the Department for
a. A floor plan, drawn to a scale specified on
the floor plan, showing every detail of the proposed school; and
b. A lease commitment or proof of ownership for
the location of the proposed school; a lease commitment must provide for execution of the lease upon the Department's approval of the school's application and the lease must be for a period of at least one year.
2. An application to own or operate a school shall
a. If the owner is a corporation, a copy of the
Articles of Incorporation or, if the owner is a limited liability company, a copy of the articles of organization;
b. If the owner is a partnership, a listing of
all partners and their current addresses;
c. If the applicant is an owner, a completed
financial statement showing the owner's ability to operate the school for at least 3 months;
d. A copy of the official enrollment agreement or
student contract to be used by the school, which shall be consistent with the requirements of this Act and rules;
e. A listing of all teachers who will be in the
school's employ, including their teacher license numbers;
f. A copy of the curricula that will be followed;
g. The names, addresses, and current status of
all schools in which the applicant has previously owned any interest, and a declaration as to whether any of these schools were ever denied accreditation or licensing or lost accreditation or licensing from any governmental body or accrediting agency;
h. Each application for a certificate of approval
shall be signed and certified under oath by the school's chief managing employee and also by its individual owner or owners; if the applicant is a partnership or a corporation, then the application shall be signed and certified under oath by the school's chief managing employee and also by each member of the partnership or each officer of the corporation, as the case may be;
i. A copy of the school's official transcript; and
j. The required fee.
3. Each application for a license to operate a school
shall also contain the following commitments:
a. To conduct the school in accordance with this
Act and the standards, and rules from time to time adopted under this Act and to meet standards and requirements at least as stringent as those required by Part H of the Federal Higher Education Act of 1965.
b. To permit the Department to inspect the school
or classes thereof from time to time with or without notice; and to make available to the Department, at any time when required to do so, information including financial information pertaining to the activities of the school required for the administration of this Act and the standards and rules adopted under this Act;
c. To utilize only advertising and solicitation
which is free from misrepresentation, deception, fraud, or other misleading or unfair trade practices;
d. To screen applicants to the school prior to
enrollment pursuant to the requirements of the school's regional or national accrediting agency, if any, and to maintain any and all records of such screening. If the course of instruction is offered in a language other than English, the screening shall also be performed in that language;
e. To post in a conspicuous place a statement,
developed by the Department, of student's rights provided under this Act.
4. The applicant shall establish to the satisfaction
of the Department that the owner possesses sufficient liquid assets to meet the prospective expenses of the school for a period of 3 months. In the discretion of the Department, additional proof of financial ability may be required.
5. The applicant shall comply with all rules of the
Department determining the necessary curriculum and equipment required for the conduct of the school.
6. The applicant must demonstrate employment of a
sufficient number of qualified teachers who are holders of a current license issued by the Department.
7. A final inspection of the barber, cosmetology,
esthetics, hair braiding, or nail technology school shall be made by the Department before the school may commence classes.
8. A written inspection report must be made by the
State Fire Marshal or a local fire authority approving the use of the proposed premises as a barber, cosmetology, esthetics, hair braiding, or nail technology school.
(Source: P.A. 98-238, eff. 1-1-14; 98-911, eff. 1-1-15; 99-427, eff. 8-21-15.)
(225 ILCS 410/3B-12)
(Section scheduled to be repealed on January 1, 2026)
(a) Enrollment agreements shall be used by barber, cosmetology, esthetics, hair braiding, and nail
technology schools licensed to operate by the Department and shall include the
following written disclosures:
(1) The name and address of the school and the
addresses where instruction will be given;
(2) The name and description of the course of
instruction, including the number of clock hours in each course and an approximate number of weeks or months required for completion;
(3) The scheduled starting date and calculated
(4) The total cost of the course of instruction
including any charges made by the school for tuition, books, materials, supplies, and other expenses;
(5) A clear and conspicuous statement that the
contract is a legally binding instrument when signed by the student and accepted by the school;
(6) A clear and conspicuous caption, "BUYER'S RIGHT
TO CANCEL" under which it is explained that the student has the right to cancel the initial enrollment agreement until midnight of the fifth business day after the student has been enrolled; and if notice of the right to cancel is not given to any prospective student at the time the enrollment agreement is signed, then the student has the right to cancel the agreement at any time and receive a refund of all monies paid to date within 10 days of cancellation;
(7) A notice to the students that the cancellation
must be in writing and given to the registered agent, if any, or managing employee of the school;
(8) The school's refund policy for unearned tuition,
(9) The date of the student's signature and the date
of the student's admission;
(10) The name of the school employee or agent
responsible for procuring, soliciting, or enrolling the student;
(11) A clear statement that the institution does not
guarantee employment and a statement describing the school's placement assistance procedures;
(12) The graduation requirements of the school;
(13) The contents of the following notice, in at
least 10 point bold type:
"NOTICE TO THE STUDENT"
"Do not sign this contract before you read it or if it
contains any blank space. You are entitled to an exact copy of the contract you sign."
(14) A statement either in the enrollment agreement
or separately provided and acknowledged by the student indicating the number of students who did not complete the course of instruction for which they enrolled for the past calendar year as compared to the number of students who enrolled in school during the school's past calendar year;
(15) The following clear and conspicuous caption:
"COMPLAINTS AGAINST THIS SCHOOL MAY BE REGISTERED WITH THE DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION", set forth with the address and telephone number of the Department's Complaint Intake Unit.
(b) If the enrollment is negotiated orally in a language other than English,
of the above disclosures shall be tendered in the language in which the
contract was negotiated prior to executing the enrollment agreement.
(c) The school shall comply with all applicable requirements of the Retail
Installment Sales Act in its enrollment agreement or student contracts.
(d) No enrollment agreement or student contract shall contain a wage
assignment provision or a confession of judgment clause.
(e) Any provision in an enrollment agreement or student contract that
to waive the student's right to assert against the school, or any assignee, any
claim or defense he or she may have against the school arising under the
contract shall be void.
(f) Two copies of the enrollment agreement shall be signed by the
student. One copy shall be given to the student and the school shall retain
the other copy as part of the student's permanent record.
(Source: P.A. 98-911, eff. 1-1-15; 99-427, eff. 8-21-15.)
(225 ILCS 410/3B-13)
(Section scheduled to be repealed on January 1, 2026)
Schools regulated under this Section shall
issue refunds based on the following schedule. The refund policy shall provide
(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 requirements of the school's regional or national accrediting agency, if any, or 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. All fees must be disclosed in the student contract.
(4) Deposits or down payments shall become part of
(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 calendar days after 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. 99-427, eff. 8-21-15.)
(225 ILCS 410/3B-15)
(Section scheduled to be repealed on January 1, 2026)
Grounds for disciplinary action.
In addition to any
other cause herein set forth the Department may refuse to issue or renew and
may suspend, place on probation, or revoke any license to operate a school, or
take any other disciplinary or non-disciplinary action that the Department may deem proper, including the
imposition of fines not to exceed $5,000 for each violation, for any
one or any combination of the following causes:
(1) Repeated violation of any provision of this Act
or any standard or rule established under this Act.
(2) Knowingly furnishing false, misleading, or
incomplete information to the Department or failure to furnish information requested by the Department.
(3) Violation of any commitment made in an
application for a license, including failure to maintain standards that are the same as, or substantially equivalent to, those represented in the school's applications and advertising.
(4) Presenting to prospective students information
relating to the school, or to employment opportunities or opportunities for enrollment in institutions of higher learning after entering into or completing courses offered by the school, that is false, misleading, or fraudulent.
(5) Failure to provide premises or equipment or to
maintain them in a safe and sanitary condition as required by law.
(6) Failure to maintain financial resources adequate
for the satisfactory conduct of the courses of instruction offered or to retain a sufficient and qualified instructional and administrative staff.
(7) Refusal to admit applicants on account of race,
color, creed, sex, physical or mental disability unrelated to ability, religion, or national origin.
(8) Paying a commission or valuable consideration to
any person for acts or services performed in violation of this Act.
(9) Attempting to confer a fraudulent degree,
diploma, or certificate upon a student.
(10) Failure to correct any deficiency or act of
noncompliance under this Act or the standards and rules established under this Act within reasonable time limits set by the Department.
(11) Conduct of business or instructional services
other than at locations approved by the Department.
(12) Failure to make all of the disclosures or making
inaccurate disclosures to the Department or in the enrollment agreement as required under this Act.
(13) Failure to make appropriate refunds as required
(14) Denial, loss, or withdrawal of accreditation by
(15) During any calendar year, having a failure rate
of 25% or greater for those of its students who for the first time take the examination authorized by the Department to determine fitness to receive a license as a barber, barber teacher, cosmetologist, cosmetology teacher, esthetician, esthetician teacher, hair braider, hair braiding teacher, nail technician, or nail technology teacher, provided that a student who transfers into the school having completed 50% or more of the required program and who takes the examination during that calendar year shall not be counted for purposes of determining the school's failure rate on an examination, without regard to whether that transfer student passes or fails the examination.
(16) Failure to maintain a written record indicating
the funds received per student and funds paid out per student. Such records shall be maintained for a minimum of 7 years and shall be made available to the Department upon request. Such records shall identify the funding source and amount for any student who has enrolled as well as any other item set forth by rule.
(17) Failure to maintain a copy of the student record
(Source: P.A. 98-911, eff. 1-1-15; 99-143, eff. 7-27-15