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90_SB1664
105 ILCS 425/1 from Ch. 144, par. 136
Amends the Private Business and Vocational Schools Act.
Changes the definition of a "sales representative" from a
"person" (defined elsewhere to include an individual,
corporation, or other business entity) employed by a school
for specified purposes to an "individual" employed by a
school for those purposes. Effective immediately.
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1 AN ACT to amend the Private Business and Vocational
2 Schools Act by changing Section 1.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Private Business and Vocational Schools
6 Act is amended by changing Section 1 as follows:
7 (105 ILCS 425/1) (from Ch. 144, par. 136)
8 Sec. 1. Definitions. As used in this Act, unless the
9 context otherwise requires:
10 A "private business and vocational school" or "school" is
11 an educational institution privately owned and operated by an
12 owner, partnership, or corporation, offering courses of
13 instruction or subjects for which tuition is charged, whether
14 such courses of instruction or subjects are offered by
15 in-residence, correspondence, or other methods, to prepare
16 individuals:
17 (1) to follow a trade or artistic occupation;
18 (2) to pursue a manual, mechanical, technical,
19 industrial, business, commercial, office, personal service
20 (other than nursing), or other non-professional occupation;
21 or
22 (3) to follow a profession, if the profession is not
23 subject to licensing or registration under any existing
24 statute of the State of Illinois requiring the licensing or
25 registration of persons practicing such profession or if the
26 school is not approved and regulated by the agency with such
27 licensing or registration authority;
28 (4) to improve, enhance, or add to the skills and
29 abilities of the individual relative to occupational
30 responsibilities or career opportunities.
31 "Council" means the Private Business and Vocational
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1 Schools State Advisory Council created by this Act.
2 "Superintendent" means the State Superintendent of
3 Education.
4 "Sales representative" means an individual a person
5 employed by a school as defined herein, whether such school
6 is located within or outside Illinois, to act as an agent,
7 sales person, broker or independent contractor to procure
8 directly students or enrollees for such school by
9 solicitation in any form made at any place in this State.
10 "Tuition" means any payment or compensation whether paid
11 by an individual, private organization or an agency of the
12 United States, State of Illinois or any political subdivision
13 thereof.
14 "Accrediting" refers to the public recognition of the
15 level of quality of an educational institution or program
16 that is granted by a legal entity.
17 "Accrediting agency" means a legal entity, or a part of
18 that entity, which conducts accrediting activities and is
19 designated by the Secretary of the U.S. Department of
20 Education pursuant to the provisions of the Higher Education
21 Act of 1965 (P.L. 89-329) and related regulations.
22 "Adequate Evaluation Service" means the process by which
23 a school provides prompt evaluation of all required tests and
24 materials with appropriate comments and suggestions for
25 correction of errors and apparent weaknesses and the prompt
26 return of such corrected materials to students concerned.
27 "Board" is the State Board of Education.
28 "Business day" is any calendar day except a Saturday,
29 Sunday or legal holiday; provided that whenever a legal
30 holiday is observed on a Monday, that Monday also shall be
31 deemed a legal holiday.
32 "Certificate of approval" is a non-transferable
33 certificate issued under the authority of the State Board of
34 Education to a private business and vocational school located
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1 within or without the State in the name of the school, which
2 authorizes the school to solicit students and to offer and
3 maintain a course of instruction in compliance with the
4 provisions of this Act and such standards, rules and
5 regulations as may be promulgated by the Board.
6 "Change of location" is a change in a school's principal
7 location, as distinguished from a change in the location of a
8 classroom extension.
9 "Change of ownership" is a change in the financial
10 control of a school occurring whenever 50% or more of a
11 school's stock or assets are sold to another party or parties
12 in one or a series of transactions occurring within any 3
13 year period.
14 "Chief managing employee" is the individual who is the
15 head administrator or supervisor at a school's principal
16 location.
17 "Classroom extension" is a facility used for
18 instructional purposes either wholly or in part by a school
19 at a location different from the school's principal location.
20 "Course of instruction" is a program of study, education,
21 training or instruction consisting of a series of lessons or
22 classes which are coordinated, arranged, or packaged to
23 constitute a subject, curriculum or program of instruction
24 and sold collectively, so long as the course purports to
25 prepare or qualify individuals, or improve or upgrade the
26 skills individuals need (i) for employment, career
27 opportunities or any specific occupation, trade or in job
28 position requiring manual, mechanical, technical, industrial,
29 business, commercial, office, personal service (other than
30 nursing), artistic, or other non-professional skills or
31 abilities, or (ii) for any profession which is not subject to
32 licensing or registration under any existing statute of this
33 State.
34 "Date of admission" is the date an authorized school
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1 officer signs the enrollment agreement at the school's
2 principal location.
3 "Educational institution" is any organization, whether
4 located within or outside of this State, which promotes
5 business and vocational education, even though the
6 institution's principal effort may not be exclusively
7 educational in nature.
8 "Eleemosynary institution" is a benevolent and charitable
9 educational institution deriving a majority of its income
10 from philanthropic gifts and charitable contributions which
11 are used to subsidize its educational program.
12 "Enrollment agreement" is any agreement or instrument,
13 however named, which creates or evidences an obligation
14 binding a student to purchase a course of instruction from a
15 school.
16 "Home study school" is a school which provides
17 correspondence lesson materials prepared in a sequential and
18 logical order for study and completion by a student on his or
19 her own, with completed lessons being returned by the student
20 to the school for evaluation by the school, with comments
21 added, and subsequent return to the student, including those
22 schools which offer such instruction by home study in
23 combination with in-residence instruction.
24 "Illinois student" is any student contracting for
25 instruction within this State at an Illinois or out-of-state
26 private business and vocational school.
27 "In-residence school" is any school offering courses of
28 instruction to its students on the school's premises.
29 "Out-of-state school" is any school, including both an
30 in-residence school and a home study school, which has its
31 place of instruction or its principal location outside the
32 boundaries of this State, or which offers or conducts courses
33 of instruction or subjects on premises of the school located
34 outside the boundaries of this State, or which provides
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1 correspondence or home study lesson materials from a location
2 outside the boundaries of this State, or which evaluates
3 completed lesson materials or otherwise conducts its
4 evaluation service from a location outside the boundaries of
5 this State, or which otherwise offers or provides Illinois
6 students with courses of instruction or subjects through
7 activities engaged in or conducted outside the boundaries of
8 this State.
9 "Person" is an individual, corporation or other business
10 entity.
11 "Placement assistance" is an organized service provided
12 by a school for preparing and referring students to
13 prospective employers as a result of direct contact between
14 school placement officials and employer representatives.
15 "Refund policy" is the course of action followed by a
16 school to reimburse unearned tuition to students not
17 completing a course of instruction.
18 "Religious institution" is an educational institution of
19 a parochial or denominational character offering courses of
20 instruction which are religious or theological in whole or
21 part and have a sectarian objective.
22 "Specialized business and vocational degree" is an award
23 conferred on a student who has successfully completed 2 or
24 more academic years or the equivalent thereof in a business
25 and vocational school with major emphasis on training for a
26 specific job or the development of occupational skills
27 related to any of the vocational areas identified within the
28 definition of a "school".
29 "Standards" refers to appropriate criteria established by
30 the Board and used by the Superintendent to implement this
31 Act and such reasonable rules and regulations as may be
32 promulgated by the Board.
33 "Student transcript records" are permanent academic
34 (educational) records used for reproducing transcript copies
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1 of such information as the student's dates of attendance,
2 courses and subjects of instruction, and grades.
3 "Subject" is an instructional division, taught separately
4 within a course of instruction, which focuses on student
5 mastery of particular knowledge or skills.
6 "Supplementary course of instruction" is a new course of
7 instruction added to the list of such courses previously
8 approved by the Superintendent.
9 (Source: P.A. 85-1382.)
10 Section 99. Effective date. This Act takes effect upon
11 becoming law.