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90_SB1664enr
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 relating to education, amending named Acts.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 3. The School Code is amended by changing
5 Sections 2-3.115 and 10-20.12a as follows:
6 (105 ILCS 5/2-3.115)
7 Sec. 2-3.115. Tech Prep Programs.
8 (a) Programs of academic credit Youth Apprenticeship
9 Vocational Education programs (Tech Prep) for secondary
10 school students. The State Superintendent of Education, in
11 cooperation with the Board of Higher Education, is encouraged
12 to establish a program of academic credit for Tech Prep work
13 based learning youth apprenticeship vocational education
14 programs for secondary school students with evidencing an
15 interest in pursuing such career training. The program may
16 be instituted by any school district seeking to provide its
17 secondary school students with an opportunity to participate
18 in Tech Prep work based learning youth apprenticeship
19 vocational education programs or agency training programs in
20 which its secondary school students shall receive academic
21 credit for work-related training received at manufacturing
22 facilities or agencies.
23 (b) Partnership for Careers grants. The State Board of
24 Education may make grants, subject to appropriations for such
25 purpose, to school districts to be used for Tech Prep
26 Partnership for Careers programs. School districts must
27 submit joint applications for the grants along with one or
28 more companies who commit to (i) make off-campus, privately
29 owned facilities available for the use of the program, (ii)
30 provide significant financial contributions to the program in
31 order to supplement State grants, and (iii) provide career
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1 opportunities for students who successfully complete the
2 program training. The State Board of Education may use a
3 portion of the funds appropriated for the program to promote
4 its availability and successes with school districts,
5 businesses, and communities.
6 (Source: P.A. 88-270.)
7 (105 ILCS 5/10-20.12a) (from Ch. 122, par. 10-20.12a)
8 Sec. 10-20.12a. Tuition for non-resident pupils. To
9 charge non-resident pupils who attend the schools of the
10 district tuition in an amount not exceeding 110% of the per
11 capita cost of maintaining the schools of the district for
12 the preceding school year.
13 Such per capita cost shall be computed by dividing the
14 total cost of conducting and maintaining the schools of the
15 district by the average daily attendance, including tuition
16 pupils. Depreciation on the buildings and equipment of the
17 schools of the district, and the amount of annual
18 depreciation on such buildings and equipment shall be
19 dependent upon the useful life of such property.
20 The tuition charged shall in no case exceed 110% of the
21 per capita cost of conducting and maintaining the schools of
22 the district attended, as determined with reference to the
23 most recent audit prepared under Section 3-7 which is
24 available at the commencement of the current school year.
25 Non-resident pupils attending the schools of the district for
26 less than the school term shall have their tuition
27 apportioned, however pupils who become non-resident during a
28 school term shall not be charged tuition for the remainder of
29 the school term in which they became non-resident pupils.
30 Unless otherwise agreed to by the parties involved and
31 where the educational services are not otherwise provided
32 for, educational services for an Illinois student under the
33 age of 21 in a residential program designed to correct
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1 alcohol or other drug dependencies shall be provided by the
2 district in which the facility is located and financed as
3 follows. The cost of educational services shall be paid by
4 the district in which the student resides in an amount equal
5 to the cost of providing educational services in a treatment
6 facility. Payments shall be made by the district of the
7 student's residence and shall be made to the district wherein
8 the facility is located no less than once per month unless
9 otherwise agreed to by the parties. These provisions do not
10 apply to any disabled child eligible for special education
11 services under Article 14.
12 (Source: P.A. 89-397, eff. 8-20-95.)
13 Section 5. The Private Business and Vocational Schools
14 Act is amended by changing Sections 1, 1.1, 10, 14.1, 15.1,
15 15.1a, and 15.2 as follows:
16 (105 ILCS 425/1) (from Ch. 144, par. 136)
17 Sec. 1. Definitions. As used in this Act, unless the
18 context otherwise requires:
19 A "private business and vocational school" or "school" is
20 an educational institution privately owned and operated by an
21 owner, partnership, or corporation, offering courses of
22 instruction, short courses, or subjects for which tuition is
23 charged, whether such courses of instruction, short courses,
24 or subjects are offered by in-residence, correspondence,
25 distance education, or other methods, to prepare individuals:
26 (1) to follow a trade or artistic occupation;
27 (2) to pursue a manual, mechanical, technical,
28 industrial, business, commercial, office, personal service
29 (other than nursing), or other non-professional occupation;
30 or
31 (3) to follow a profession, if the profession is not
32 subject to licensing or registration under any existing
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1 statute of the State of Illinois requiring the licensing or
2 registration of persons practicing such profession or if the
3 school is not approved and regulated by the agency with such
4 licensing or registration authority;
5 (4) to improve, enhance, or add to the skills and
6 abilities of the individual relative to occupational
7 responsibilities or career opportunities.
8 "Council" means the Private Business and Vocational
9 Schools State Advisory Council created by this Act.
10 "Superintendent" means the State Superintendent of
11 Education.
12 "Sales representative" means a person employed by a
13 school as defined herein, whether such school is located
14 within or outside Illinois, to act as an agent, sales person,
15 broker or independent contractor to procure directly students
16 or enrollees for such school by solicitation in any form made
17 at any place in this State.
18 "Tuition" means any payment or compensation whether paid
19 by an individual, private organization or an agency of the
20 United States, State of Illinois or any political subdivision
21 thereof.
22 "Accrediting" refers to the public recognition of the
23 level of quality of an educational institution or program
24 that is granted by a legal entity.
25 "Accrediting agency" means a legal entity, or a part of
26 that entity, which conducts accrediting activities and is
27 designated by the Secretary of the U.S. Department of
28 Education pursuant to the provisions of the Higher Education
29 Act of 1965 (P.L. 89-329) and related regulations.
30 "Adequate Evaluation Service" means the process by which
31 a school provides prompt evaluation of all required tests and
32 materials with appropriate comments and suggestions for
33 correction of errors and apparent weaknesses and the prompt
34 return of such corrected materials to students concerned.
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1 "Board" is the State Board of Education.
2 "Business day" is any calendar day except a Saturday,
3 Sunday or legal holiday; provided that whenever a legal
4 holiday is observed on a Monday, that Monday also shall be
5 deemed a legal holiday.
6 "Certificate of approval" is a non-transferable
7 certificate issued under the authority of the State Board of
8 Education to a private business and vocational school located
9 within or without the State in the name of the school, which
10 authorizes the school to solicit students and to offer and
11 maintain a course of instruction in compliance with the
12 provisions of this Act and such standards, rules and
13 regulations as may be promulgated by the Board.
14 "Change of location" is a change in a school's principal
15 location, as distinguished from a change in the location of a
16 classroom extension.
17 "Change of ownership" is a change in the financial
18 control of a school occurring whenever 50% or more of a
19 school's stock or assets are sold to another party or parties
20 in one or a series of transactions occurring within any 3
21 year period.
22 "Chief managing employee" is the individual who is the
23 head administrator or supervisor at a school's principal
24 location.
25 "Classroom extension" is a facility used for
26 instructional purposes either wholly or in part by a school
27 at a location different from the school's principal location.
28 "Course of instruction" is a program of study, education,
29 training or instruction consisting of a series of lessons or
30 classes which are coordinated, arranged, or packaged to
31 constitute a subject, curriculum or program of instruction
32 and sold collectively, so long as the course purports to
33 prepare or qualify individuals, or improve or upgrade the
34 skills individuals need (i) for employment, career
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1 opportunities or any specific occupation, trade or in job
2 position requiring manual, mechanical, technical, industrial,
3 business, commercial, office, personal service (other than
4 nursing), artistic, or other non-professional skills or
5 abilities, or (ii) for any profession which is not subject to
6 licensing or registration under any existing statute of this
7 State.
8 "Date of acceptance admission" is the date an authorized
9 school officer signs the enrollment agreement at the school's
10 principal location.
11 "Date of admission" is the first scheduled date of class
12 attendance.
13 "Distance education" is a teaching and learning situation
14 in which (i) the instructor and the learner are
15 geographically separated and (ii) instruction and materials
16 are delivered or exchanged or delivered and exchanged by
17 mail, electronic devices, or other means.
18 "Educational institution" is any organization, whether
19 located within or outside of this State, which promotes
20 business and vocational education, even though the
21 institution's principal effort may not be exclusively
22 educational in nature.
23 "Eleemosynary institution" is a benevolent and charitable
24 educational institution deriving a majority of its income
25 from philanthropic gifts and charitable contributions which
26 are used to subsidize its educational program.
27 "Enrollment agreement" is any agreement or instrument,
28 however named, which creates or evidences an obligation
29 binding a student to purchase a course of instruction from a
30 school.
31 "Home study school" is a school which provides
32 correspondence lesson materials prepared in a sequential and
33 logical order for study and completion by a student on his or
34 her own, with completed lessons being returned by the student
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1 to the school for evaluation by the school, with comments
2 added, and subsequent return to the student, including those
3 schools which offer such instruction by home study in
4 combination with in-residence instruction.
5 "Illinois student" is any student contracting for
6 instruction within this State at an Illinois or out-of-state
7 private business and vocational school.
8 "In-residence school" is any school offering courses of
9 instruction to its students on the school's premises.
10 "Out-of-state school" is any school, including both an
11 in-residence school and a home study school, which has its
12 place of instruction or its principal location outside the
13 boundaries of this State, or which offers or conducts courses
14 of instruction or subjects on premises of the school located
15 outside the boundaries of this State, or which provides
16 correspondence or home study lesson materials from a location
17 outside the boundaries of this State, or which evaluates
18 completed lesson materials or otherwise conducts its
19 evaluation service from a location outside the boundaries of
20 this State, or which otherwise offers or provides Illinois
21 students with courses of instruction or subjects through
22 activities engaged in or conducted outside the boundaries of
23 this State.
24 "Person" is an individual, corporation or other business
25 entity.
26 "Placement assistance" is a an organized service provided
27 by a school for preparing and referring students to
28 prospective employers as a result of direct contact between
29 school placement officials and employer representatives.
30 "Refund policy" is the course of action followed by a
31 school to reimburse unearned tuition to students not
32 completing a course of instruction.
33 "Religious institution" is an educational institution of
34 a parochial or denominational character offering courses of
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1 instruction which are religious or theological in whole or
2 part and have a sectarian objective.
3 "Short course" is a single course of study up to 20 clock
4 hours that (i) is intended to improve or enhance an
5 individual's vocational skills, (ii) includes an assessment
6 of skill development, and (iii) may result in only a
7 certificate of successful completion or attendance.
8 "Specialized business and vocational degree" is an award
9 conferred on a student who has successfully completed 2 or
10 more academic years or the equivalent thereof in a business
11 and vocational school with major emphasis on training for a
12 specific job or the development of occupational skills
13 related to any of the vocational areas identified within the
14 definition of a "school".
15 "Standards" refers to appropriate criteria established by
16 the Board and used by the Superintendent to implement this
17 Act and such reasonable rules and regulations as may be
18 promulgated by the Board.
19 "Student transcript records" are permanent academic
20 (educational) records used for reproducing transcript copies
21 of such information as the student's dates of attendance,
22 courses and subjects of instruction, and grades.
23 "Subject" is an instructional division, taught separately
24 within a course of instruction, which focuses on student
25 mastery of particular knowledge or skills.
26 "Supplementary course of instruction" is a new course of
27 instruction added to the list of such courses previously
28 approved by the Superintendent.
29 (Source: P.A. 85-1382.)
30 (105 ILCS 425/1.1) (from Ch. 144, par. 136.1)
31 Sec. 1.1. Exemptions and annual filing.
32 (a) For purposes of this Act, the following shall not be
33 considered to be a private business and vocational school:
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1 (1) Any eleemosynary institution.
2 (2) Any religious institution.
3 (3) Any public educational institution exempt from
4 property taxation under the laws of this State.
5 (4) Any in-service course of instruction and subject
6 offered by an employer provided no tuition is charged and
7 such instruction is offered only to employees of such
8 employer.
9 (5) Any educational institution which on the effective
10 date of this amendatory Act of 1984 is regulated solely by or
11 which on June 30, 1991, is solely degree granting, enrolls a
12 majority of its students in bachelors' or higher degree
13 programs, has maintained an accredited status with the
14 Commission on Institutions of Higher Education of the North
15 Central Association of Colleges and Schools, and is regulated
16 by the Illinois Board of Higher Education under the Private
17 College Act or the Academic Degree Act, or which is exempt
18 from such regulation under either of the foregoing Acts
19 solely for the reason that such educational institution was
20 in operation on the effective date of either such Act.
21 (6) Any institution and the franchisees of such
22 institution which offer exclusively a course of instruction
23 in income tax theory or return preparation at a total
24 contract price of no more than $400, provided that the total
25 annual enrollment of such institution for all such courses of
26 instruction exceeds 500 students, and further provided that
27 the total contract price for all instruction offered to a
28 student in any one calendar year does not exceed $400. For
29 each calendar year after 1990, the total contract price shall
30 be adjusted, rounded off to the nearest dollar, by the same
31 percentage as the increase or decrease in the general price
32 level as measured by the consumer price index for all urban
33 consumers for the United States, or its successor index, as
34 defined and officially reported by the United States
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1 Department of Labor, or its successor agency. The change in
2 the index shall be that as first published by the Department
3 of Labor for the calendar year immediately preceding the year
4 in which the total contract price is calculated.
5 (b) An institution exempted under subsection (a) of this
6 Section must file with the Superintendent an annual financial
7 report to demonstrate continued compliance by the institution
8 with the requirements on which the exemption is based.
9 (Source: P.A. 86-824; 87-1238.)
10 (105 ILCS 425/10) (from Ch. 144, par. 145)
11 Sec. 10. Application fees - Renewal fees. The following
12 nonrefundable fees shall be paid by each applicant and
13 collected by the Superintendent upon filing and receipt of
14 each of the applications specified below:
15 Original school application for a
16 certificate of approval..................... $500
17 Initial school application for a
18 certificate of approval upon occurrence
19 of a change of ownership.................... $500
20 Annual school application for renewal
21 of a certificate of approval................ $250
22 School application for a change
23 of location................................. $ 75
24 School application for a
25 classroom extension......................... $150
26 School application for
27 supplementary courses
28 of instruction.............................. $150
29 School application for
30 a short course.............................. $50
31 An applicant school which has not remedied all
32 deficiencies cited by the Superintendent within 12 months of
33 the date of its original application for a certificate of
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1 approval shall pay an additional $500 original application
2 fee for the continued cost of investigation of its
3 application.
4 (Source: P.A. 83-1484.)
5 (105 ILCS 425/14.1) (from Ch. 144, par. 149.1)
6 Sec. 14.1. Annual review. The Superintendent shall
7 annually review and investigate all approved schools and
8 courses of instruction. Consideration shall be given to
9 complaints and information collected by the Federal Trade
10 Commission, Better Business Bureaus, the Illinois Attorney
11 General's Office, any State's Attorney's Office, other State
12 or official approval agencies, local school officials and
13 interested persons. The Superintendent shall investigate all
14 written complaints about a school or its sales
15 representatives received from all affected persons and any
16 and all governmental agencies. Such annual review shall
17 include a comparison between the graduation or completion
18 rate for the school and the graduation or completion rate for
19 the schools within the industry the school represents, such
20 as business, technical or vocational schools, for the
21 reporting period of July 1 through June 30. Any school that
22 fails to maintain a graduation or completion rate greater
23 than 50% of the average graduation or completion rate for
24 schools within that industry shall be placed on probation for
25 one year. If that school's graduation or completion rate
26 fails to exceed 50% of the average graduation rate for
27 schools within that industry for that school's next reporting
28 period fiscal year, then the Superintendent shall revoke that
29 school's approval to operate in the State of Illinois.
30 In the event a school does not maintain a passage rate of
31 at least 50% of the average passage rate for schools within
32 that industry for any State licensing examination or
33 professional certification examination, then that school
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1 shall be placed on probation for one year. If that school's
2 passage rate in its next reporting period fiscal year does
3 not exceed 50% of the average passage rate of that class of
4 school as a whole, then the Superintendent shall revoke that
5 school's approval to operate in the State of Illinois.
6 The Superintendent shall develop by rule a procedure to
7 ensure the veracity of the information required under this
8 Section.
9 (Source: P.A. 85-1382.)
10 (105 ILCS 425/15.1) (from Ch. 144, par. 150.1)
11 Sec. 15.1. Enrollment agreements. Enrollment agreements
12 shall be used by schools approved by the Superintendent. The
13 student shall be given a copy of the enrollment agreement at
14 the time the student signs that agreement and shall include
15 the following written disclosures and at the time of the
16 agreement's acceptance, if those events occur at different
17 times. 2 copies shall be signed by the student; one copy
18 shall be given to the student and The school shall retain a
19 signed the other copy of the fully executed enrollment
20 agreement as a part of the student's permanent record.
21 Enrollment agreements shall include the following written
22 disclosures:
23 (1) The name and address of the school and the addresses
24 where instruction will be given;
25 (2) The name and description of the course of
26 instruction, including the number of home study lessons and
27 hours of classroom instruction;
28 (3) The total cost of the course of instruction and all
29 other services and facilities furnished or made available to
30 the student by or through the school in connection with the
31 student's matriculation and study and completion of any
32 subject or course of instruction, including all charges made
33 by the school for tuition, room and board, books, materials,
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1 supplies, laboratory, shop and studio fees, and other
2 expenses;
3 (4) A clear and conspicuous statement that the agreement
4 is a legally binding instrument when signed by the student
5 and accepted by the school;
6 (5) A clear and conspicuous caption, "BUYER'S RIGHT TO
7 CANCEL" under which it is explained that the student has the
8 right to cancel the initial enrollment agreement until
9 midnight of the fifth business day after the student has been
10 accepted admitted; and if the right to cancel is not given to
11 any prospective student at the time the enrollment agreement
12 is signed, then the student has the right to cancel the
13 agreement at any time and receive a refund of all monies paid
14 to date within 10 days of cancellation;
15 (6) A notice to the students that any cancellation
16 should be in writing and must be delivered to school
17 management and given to the registered agent, if any, or
18 managing employee of the school;
19 (7) The school's refund policy for unearned tuition,
20 fees, and other charges;
21 (8) The date of the student's signature and the date of
22 the student's acceptance admission;
23 (9) A clear and conspicuous statement that every
24 assignee of a student enrollment agreement takes it subject
25 to all claims and defenses of the student or his successors
26 in interest arising under the agreement;
27 (10) The name of the school employee or agent
28 responsible for procuring, soliciting or enrolling the
29 student;
30 (11) A statement containing the following information
31 for the most recent 12 month reporting period of July 1
32 through June 30:
33 (a) The number of students who were admitted enrolled in
34 the course of instruction as of July 1 of that reporting
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1 period school during the school's last fiscal year;
2 (b) Additions during the year due to:
3 (A) new starts;
4 (B) re-enrollments; and
5 (C) transfers into the course of instruction from
6 other courses of instruction at the school the number of
7 students who did not complete the course of instruction
8 for which they enrolled during the school's last fiscal
9 year;
10 (c) Total number of students admitted during the
11 reporting period (the number of students reported under item
12 (11)(a) plus the additions reported under parts (A), (B), and
13 (C) of item (11)(b)) the percentage of students who did not
14 complete the course of instruction for which they enrolled
15 for the past fiscal year as compared to the number of
16 students who enrolled in the school during the school's past
17 fiscal year;
18 (d) Of the total course of instruction enrollment, the
19 number of students who:
20 (A) transferred out of the course of instruction to
21 another course of instruction;
22 (B) completed or graduated from a course of
23 instruction;
24 (C) withdrew from the school;
25 (D) are still enrolled the number and percentage of
26 students from the particular school who passed the State
27 licensing examination (if any) during the school's last
28 fiscal year;
29 (e) The number of students listed in item (11)(d) who
30 (A) were placed in their field of study;
31 (B) were placed in a related field;
32 (C) placed out of the field;
33 (D) were not available for placement due to
34 personal reasons;
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1 (E) were not employed the number and percentage of
2 graduates who requested placement assistance by the
3 school during the school's last fiscal year;
4 (f) The number of students who took a State licensing
5 examination or professional certification examination (if
6 any) during the reporting period, as well as the number who
7 passed the number and percentage of graduates who obtained
8 employment as a result of placement assistance by the school
9 during the school's last fiscal year; such information may be
10 compiled by reasonable efforts of the school to contact
11 graduates by written correspondence;
12 (g) The number and percentage of graduates of the
13 particular school who obtained employment in the field who
14 did not use the school's placement assistance during the
15 reporting period school's last fiscal year; such information
16 may be compiled by reasonable efforts of the school to
17 contact graduates by written correspondence;
18 (h) The average starting salary for all school graduates
19 employed during the reporting period school's last fiscal
20 year; such information may be compiled by reasonable efforts
21 of the school to contact graduates by written correspondence;
22 (i) The following clear and conspicuous caption:
23 "COMPLAINTS AGAINST THIS SCHOOL MAY BE REGISTERED WITH THE
24 STATE BOARD OF EDUCATION", set forth with the addresses and
25 telephone numbers of the Board's Springfield and Chicago
26 offices.
27 An alphabetical list of names, addresses, and dates of
28 admission by course or course of instruction and a sample
29 copy of the enrollment agreement employed to enroll the
30 students listed shall be filed with the Superintendent on an
31 annual basis. The list shall be signed and verified by the
32 school's Chief Managing Employee. The list shall include
33 enrollments from the period of July 1 through June 30 and
34 shall be submitted within 90 days after the end of the period
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1 A copy of each student enrollment agreement shall be signed
2 by the student and filed with the Superintendent on an annual
3 basis. If the enrollment agreement is negotiated orally in a
4 language other than English, then copies of the above
5 disclosure forms shall be tendered in the language in which
6 the contract was negotiated prior to executing the enrollment
7 agreement.
8 No school shall enter into any enrollment agreement
9 wherein the student waives the right to assert against the
10 school or any assignee any claim or defense he or she may
11 have against the school arising under the agreement. Any
12 provisions in an enrollment agreement wherein the student
13 agrees to such waiver shall be rendered void.
14 (Source: P.A. 85-1382.)
15 (105 ILCS 425/15.1a) (from Ch. 144, par. 150.1a)
16 Sec. 15.1a. The Superintendent shall issue rules and
17 regulations providing for the establishment of a fair and
18 equitable refund policy for each private business and
19 vocational school. Such refund policy shall provide that:
20 1. Schools shall, when a student gives written notice of
21 cancellation, provide a refund in the amount of at least the
22 following:
23 a. When notice of cancellation is given before midnight
24 of the fifth business day within 6 days after the date of
25 enrollment but prior to the first day of class, all
26 application-registration fees, tuition, and any other charges
27 shall be refunded to the student;
28 b. When notice of cancellation is given after midnight
29 of the fifth business the sixth day following acceptance
30 enrollment but prior to the close of business on the
31 student's first day of class attendance, the school may
32 retain no more than the application-registration fee which
33 may not exceed $150 or 50% of the cost of tuition, whichever
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1 is less $100;
2 c. When notice of cancellation is given after the
3 student's completion of the first day of class attendance,
4 but prior to the student's completion of 5% of the course of
5 instruction, the school may retain the
6 application-registration fee, an amount not to exceed 10% of
7 the tuition and other instructional charges or $300,
8 whichever is less, and, subject to the limitations of
9 paragraph 12 of this Section, plus the cost of any books or
10 materials which have been provided by the school.
11 d. When a student has completed in excess of 5% of the
12 course of instruction the school may retain the
13 application-registration fee and the cost of any books or
14 materials which have been provided by the school but shall
15 refund a part of the tuition and other instructional charges
16 in accordance with whichever of the following applies:
17 (1) A. A school which is accredited by a nationally
18 recognized accrediting agency may use this policy or any
19 other refund policy filed with the Superintendent which
20 returns more money at each of the following levels of the
21 schedule to the student. As used herein, a "nationally
22 recognized accrediting agency" means an agency or
23 association designated by the Secretary of the U.S.
24 Department of Education pursuant to provisions of the
25 Higher Education Act of 1965 (P.L. 89-329) and related
26 regulations.
27 After 5% of the course of instruction, but within
28 the first 4 weeks of classes the school shall refund at
29 least 80% of the tuition;
30 During the first 25% of the course, the school shall
31 refund at least 55% of the tuition;
32 During the second 25% of the course the school shall
33 refund at least 30% of the tuition;
34 In cases of withdrawal after 50% of the course, the
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1 school may commit the student to the remaining obligation
2 of tuition.
3 As used herein, a "nationally recognized accrediting
4 agency" means an agency or association designated by the
5 Secretary of the U.S. Department of Education pursuant to
6 provisions of the Higher Education Act of 1965 (P.L.
7 89-329) and related regulations.
8 (2) B. All other schools regulated under this
9 Section may retain an amount computed prorata by days in
10 class plus 10% of tuition and other instructional charges
11 up to completion of 60% of the course of instruction.
12 When the student has completed in excess of 60% of the
13 course of instruction, the school may retain the
14 application/registration fee and the entire tuition and
15 other charges.
16 (3) The refund policy for short courses up to 20
17 clock hours shall refund prorata up to 60% completion of
18 the course.
19 (4) All schools that offer courses of instruction
20 taught by distance education methods shall make refunds
21 to students who cancel their instruction in the following
22 manner:
23 (A) Students who enroll in a distance
24 education course of instruction shall have 5
25 business days from the date of their initial
26 acceptance to cancel the enrollment and receive a
27 complete refund of moneys paid to the school.
28 (B) Thereafter, the school shall retain a
29 prorata amount based on the percentage of lessons
30 completed, up to 60% of the course of instruction,
31 plus 10% of the total tuition and other
32 instructional charges.
33 (C) If more than 20% of the lessons in the
34 course of instruction are completed within the
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1 5-business-day cooling off period, the distance
2 education refund policy stated above applies from
3 the beginning of the first lesson completed.
4 (D) Refunds shall be based on the last lesson
5 completed. use this policy or any other required
6 policy filed with the Superintendent which returns
7 more money at each of the following levels of the
8 schedule to the student:
9 Percentage of days in class Percentage of tuition
10 completed by student at and other instructional
11 notice of cancellation: charges which School
12 may retain:
13 in excess of 5% - 10% 15%
14 in excess of 10% - 15% 22%
15 in excess of 15% - 20% 28%
16 in excess of 20% - 25% 33%
17 in excess of 25% - 30% 38%
18 in excess of 30% - 35% 43%
19 in excess of 35% - 40% 47%
20 in excess of 40% - 45% 52%
21 in excess of 45% - 50% 60%
22 in excess of 50% - 55% 64%
23 in excess of 55% - 60% 68%
24 in excess of 60% - 65% 73%
25 in excess of 65% - 70% 75%
26 in excess of 70% - 75% 80%
27 in excess of 75% - 80% 85%
28 When notice of cancellation is given after the student
29 has completed over 80% of the course of instruction measured
30 by days in class, the school may retain the
31 application-registration fee and the entire tuition and other
32 charges.
33 2. A student, who on personal initiative and without
34 solicitation enrolls, starts, and completes a course of
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1 instruction before midnight of the fifth business the sixth
2 day after the enrollment agreement is signed, is not subject
3 to the cancellation refund provisions of this Section.
4 3. Applicants not accepted by the school shall receive a
5 refund of all tuition and fees paid within 30 calendar days
6 after the determination of non-acceptance is made.
7 4. Application-registration fees shall be chargeable at
8 initial enrollment and shall not exceed $150 or 50% of the
9 cost of tuition, whichever is less $100.00.
10 5. Deposits or down payments shall become part of the
11 tuition.
12 6. The school shall mail a written acknowledgement of a
13 student's cancellation or written withdrawal to the student
14 within 15 calendar days of the postmark date of notification.
15 Such written acknowledgement is not necessary if a refund has
16 been mailed to the student within the 15 calendar days.
17 7. (Blank). If the school cancels or discontinues a
18 course, the student shall have all tuition, fees, and other
19 charges refunded.
20 8. All student refunds shall be made by the school
21 within 30 calendar days from the date of receipt of the
22 student's cancellation.
23 9. A student may give notice of cancellation to the
24 school in writing. The unexplained absence of a student from
25 a school for more than 15 school days shall constitute
26 constructive notice of cancellation to the school. For
27 purposes of cancellation the date shall be the last day of
28 attendance.
29 10. A school may make refunds which exceed those
30 prescribed in this Section. If the school has a refund policy
31 that returns more money to a student than those policies
32 prescribed in this Section, that refund policy must be filed
33 with the Superintendent.
34 11. A school shall refund all monies paid to it in any
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1 of the following circumstances:
2 a. (a) the school did not provide the prospective
3 student with a copy of the student's valid enrollment
4 agreement and a current catalog or bulletin;
5 b. (b) the school cancels or discontinues the course of
6 instruction in which the student has enrolled;.
7 c. the school fails to conduct classes on days or times
8 scheduled, detrimentally affecting the student.
9 12. A school must refund any book and materials fees
10 when: (a) the book and materials are returned to the school
11 unmarked; and (b) the student has provided the school with a
12 notice of cancellation.
13 (Source: P.A. 85-1382.)
14 (105 ILCS 425/15.2) (from Ch. 144, par. 150.2)
15 Sec. 15.2. Placement assistance.) Each school which
16 offers or advertises a placement assistance for any course of
17 instruction must file with the Superintendent it's placement
18 statistics for the most recent 12 month reporting period of
19 July 1 through June 30 or calendar year immediately preceding
20 to the date of the school's application for annual renewal of
21 its certificate of approval for every course of instruction.
22 All schools offering or advertising a placement
23 assistance shall disclose statistics for such 12 month period
24 or calendar year showing all of the following: number of
25 students enrolled, the number of students who did not
26 complete the course of instruction for which they enrolled,
27 the number of students who graduated, the number of graduates
28 who requested placement assistance, and the number of
29 graduates who received bona fide job offers for the job for
30 which they were trained.
31 (a) The number of students who were admitted in the
32 course of instruction as of July 1 of the reporting period.
33 (b) Additions during the year due to:
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1 (1) new starts;
2 (2) re-enrollments; and
3 (3) transfers into the course of instruction from
4 other courses of instruction at the school.
5 (c) Total number of students admitted during the
6 reporting period in item (a) plus the additions reported
7 under parts (1), (2), and (3) of item (b).
8 (d) Of the total enrollment, the number of students who:
9 (1) transferred out of the course of instruction to
10 another course of instruction;
11 (2) completed or graduated from a course of
12 instruction;
13 (3) withdrew from the school;
14 (4) are still enrolled.
15 (e) The number of students listed in (d) who:
16 (1) were placed in their field of study;
17 (2) were placed in a related field;
18 (3) placed out of the field;
19 (4) were not available for placement due to
20 personal reasons;
21 (5) were not employed.
22 (f) The number of students who took the State licensing
23 examination or professional certification examination (if
24 any) during the reporting period, as well as the number who
25 passed.
26 (g) The number of graduates who obtained employment in
27 the field who did not use the school's placement assistance
28 during the reporting period; such information may be compiled
29 by reasonable efforts of the school to contact graduates by
30 written correspondence.
31 (h) The average starting salary for all school graduates
32 employed during the reporting period; such information may be
33 compiled by reasonable efforts of the school to contact
34 graduates by written correspondence.
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1 Before a student signs an enrollment agreement the
2 enrolling representative shall disclose to the student the
3 above statistical information for the particular course of
4 instruction offered for sale in the enrollment agreement.
5 In the absence of placement statistics for a new course
6 of instruction, the enrolling representative shall disclose
7 to the student the placement statistics which represent the
8 aggregate of all courses of instruction.
9 (Source: P.A. 83-1484; 85-433; revised 3-9-98.)
10 Section 99. Effective date. This Act takes effect upon
11 becoming law.