Illinois General Assembly - Full Text of Public Act 094-1060
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Public Act 094-1060


 

Public Act 1060 94TH GENERAL ASSEMBLY



 


 
Public Act 094-1060
 
SB0861 Enrolled LRB094 04498 NHT 34527 b

    AN ACT concerning education.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Private Business and Vocational Schools Act
is amended by changing Sections 6 and 11 as follows:
 
    (105 ILCS 425/6)  (from Ch. 144, par. 141)
    Sec. 6. Application for certificate - Contents. Every
person, partnership or corporation doing business in Illinois
desiring to obtain a certificate of approval shall make a
signed and verified application to the Superintendent upon
forms prepared and furnished by the Superintendent, which forms
shall include the following information:
    1. The legal title and name of the school, together with
ownership and controlling officers, members, and managing
employees. ;
    2. The specific courses of instruction which will be
offered, and the specific purposes of such instruction. ;
    3. The place or places where such instruction will be given
and a description of the physical and sanitary facilities
thereof. ;
    4. A written inspection report of approval by the State
Fire Marshal or his designee for use of the premises as a
school. ;
    5. A specific listing of the equipment available for
instruction in each course of instruction, with the maximum
enrollment that such equipment will accommodate. ;
    6. The names, addresses and current status of all schools
of which each 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. ;
    7. The educational and teaching qualifications of
instructors in each course and subject of instruction, and the
teacher to student ratio established by rule by the
superintendent pursuant to industry standards and after
soliciting and receiving comments by the schools in each
industry. ;
    7.1. The qualifications of administrators. ;
    8. The financial resources available to establish and
maintain the school, documented by a current balance sheet and
income statement prepared and certified by an accountant or any
such similar evidence as required by the Superintendent. ;
    9. A continuous surety company bond, written by a company
authorized to do business in this State, for the protection of
the contractual rights including faithful performance of all
contracts and agreements for students, their parents,
guardians, or sponsors in a sum of up to $100,000, except that
when the unearned prepaid tuition for Illinois students in the
possession of the school, as annually determined by the
Superintendent, exceeds $100,000 the bond shall be in an amount
equal to the greatest amount of prepaid tuition in the school's
possession. In lieu of a surety bond, an applicant may, with
the advanced approval of the State Board of Education prior to
January 1, 2007, deposit with the State Board of Education as
security a certificate of deposit of any bank organized or
transacting business in the United States in an amount equal to
or greater than the amount of the required bond. The applicant
must first satisfy the State Board of Education that the
certificate of deposit is free and clear of all liens, pledges,
security interests, and other encumbrances. The State Board of
Education shall perfect a first priority security interest in
the certificate of deposit to provide the protection required
under this item 9. The certificate of deposit must be held and
made payable in accordance with terms and provisions approved
in advance by the State Board of Education and must be replaced
by a bond meeting the requirements set forth in this item 9
within 180 days after the issuance of the certificate of
approval to the applicant. Failure to replace the certificate
of deposit with a continuous surety company bond shall result
in revocation of the certificate of approval. ;
    10. Annual reports reflecting teacher, equipment and
curriculum evaluations. ;
    11. Copies of enrollment agreements and retail installment
contracts to be used in Illinois. ;
    12. Methods used to collect tuition and procedures for
collecting delinquent payments. ;
    13. Copies of all brochures, films, promotional material
and written scripts, and media advertising and promotional
literature that may be used to induce students to enroll in
courses of instruction. ;
    14. Evidence of liability insurance, in such form and
amount as the Board shall from time to time prescribe pursuant
to rules and regulations promulgated hereunder, to protect its
students and employees at its places of business and at all
classroom extensions including any work experience locations. ;
    15. 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; provided,
that if the applicant is a partnership or a corporation, then
such 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. ;
    16. If the evaluation of a particular course or facility
requires the services of an expert not employed by the State
Board of Education or if in the interest of expediting the
approval, a school requests the State Board of Education to
employ such an expert, the school shall reimburse the State
Board of Education for the reasonable cost of such services.
(Source: P.A. 85-1382.)
 
    (105 ILCS 425/11)  (from Ch. 144, par. 146)
    Sec. 11. Sales representative permits - Application -
Contents - Fees - Separate permits.) Every sales representative
representing a school, whether located in the State of Illinois
or without, shall make application for a Sales Representative
Permit to the Superintendent in writing upon forms prepared and
furnished by the Superintendent. The sales representative
shall be approved by the Superintendent prior to solicitation
of students. Each application shall state the name of the
school which the applicant will represent, contain evidence of
the honesty, truthfulness, and integrity of the applicant and
shall be accompanied by the recommendation of two reputable
persons, neither of whom shall be in the employ of the school
or members of the applicant's immediate family, certifying that
the applicant is truthful, honest, and of good reputation, and
recommending that a permit as a sales representative be
granted. The fee for an original permit as a sales
representative shall be $100. The annual renewal fee shall be
$50. A separate permit shall be obtained for each school
represented by a sales representative.
    In determining honesty, truthfulness and integrity under
this Section, the Superintendent may take into consideration
any felony conviction of the applicant, but such a conviction
shall not operate as a bar to approval unless a court or parole
authority has determined that the applicant is not
rehabilitated sufficiently to serve as a sales representative.
    Each sales representative shall provide a continuous
surety company bond for the protection of the contractual
rights, including loss resulting from any fraud or
misrepresentation used by the sales representative, of
students, their parents, guardians or sponsors, in the penal
sum of $2,000, except under exceptional circumstances up to
$10,000, upon the order of the Superintendent. The surety
company bond shall be written by a company authorized to do
business in this State. In lieu of a surety bond, an applicant
may, with the advanced approval of the State Board of Education
prior to January 1, 2007, deposit with the State Board of
Education as security a certificate of deposit of any bank
organized or transacting business in the United States in an
amount equal to or greater than the amount of the required
bond. The applicant must first satisfy the State Board of
Education that the certificate of deposit is free and clear of
all liens, pledges, security interests, and other
encumbrances. The State Board of Education shall perfect a
first priority security interest in the certificate of deposit
to provide the protection required under this paragraph. The
certificate of deposit must be held and made payable in
accordance with terms and provisions approved in advance by the
State Board of Education and must be replaced by a bond meeting
the requirements set forth in this paragraph within 180 days
after the issuance of the Sales Representative Permit to the
applicant. Failure to replace the certificate of deposit with a
continuous surety company bond shall result in revocation of
the Sales Representative Permit.
(Source: P.A. 83-1484.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 7/31/2006