Full Text of HB4984 96th General Assembly
HB4984sam001 96TH GENERAL ASSEMBLY
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Sen. David Koehler
Filed: 4/27/2010
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| AMENDMENT TO HOUSE BILL 4984
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| AMENDMENT NO. ______. Amend House Bill 4984 by replacing | 3 |
| everything after the enacting clause with the following:
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| "Section 5. The Private Business and Vocational Schools Act | 5 |
| is amended by changing Sections 6, 9, and 13 as follows: | 6 |
| (105 ILCS 425/6) (from Ch. 144, par. 141) | 7 |
| 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: | 13 |
| 1. The legal title and name of the school, together | 14 |
| with ownership and
controlling officers, members, and | 15 |
| managing employees. | 16 |
| 2. The specific courses of instruction which will be |
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| offered, and
the specific purposes of such instruction. | 2 |
| 3. The place or places where such instruction will be | 3 |
| given and a
description of the physical and sanitary | 4 |
| facilities thereof. | 5 |
| 4. A written inspection report of approval by the State | 6 |
| Fire Marshal
or his designee for use of the premises as a | 7 |
| school. | 8 |
| 5. A specific listing of the equipment available for | 9 |
| instruction in each
course of instruction, with the maximum | 10 |
| enrollment that
such equipment will accommodate. | 11 |
| 6. The names, addresses and current status of all | 12 |
| schools of which each
applicant has previously owned any | 13 |
| interest, and a declaration as to
whether any of these | 14 |
| schools were ever denied accreditation or licensing,
or, | 15 |
| lost accreditation or licensing from any governmental body | 16 |
| or accrediting agency. | 17 |
| 7. The educational and teaching qualifications of
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| instructors in each course and subject of instruction, and | 19 |
| the teacher to
student ratio established by rule by the | 20 |
| superintendent pursuant to
industry standards and after | 21 |
| soliciting and receiving comments by the
schools in each | 22 |
| industry. | 23 |
| 7.1. The qualifications of administrators. | 24 |
| 8. The financial resources available to establish and
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| maintain the school, documented by a
current balance sheet | 26 |
| and income statement prepared and certified by an
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| accountant or any such similar evidence as required by the | 2 |
| Superintendent. | 3 |
| 9. A continuous surety company bond, written by a | 4 |
| company authorized
to do business in this State, for the | 5 |
| protection of the contractual rights
including faithful | 6 |
| performance of all contracts and agreements for
students, | 7 |
| their parents, guardians, or sponsors in a sum of up to
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| $100,000, except that when the unearned prepaid tuition for | 9 |
| Illinois
students in the possession of the school, as | 10 |
| annually determined by
the Superintendent, exceeds | 11 |
| $100,000
the bond shall be in an amount equal to the | 12 |
| greatest amount of prepaid
tuition in the school's | 13 |
| possession. In lieu of a surety bond, an applicant may, | 14 |
| with the advanced approval of the State Board of Education | 15 |
| prior to January 1, 2007, deposit with the State Board of | 16 |
| Education as security a certificate of deposit of any bank | 17 |
| organized or transacting business in the United States in | 18 |
| an amount equal to or greater than the amount of the | 19 |
| required bond. The applicant must first satisfy the State | 20 |
| Board of Education that the certificate of deposit is free | 21 |
| and clear of all liens, pledges, security interests, and | 22 |
| other encumbrances. The State Board of Education shall | 23 |
| perfect a first priority security interest in the | 24 |
| certificate of deposit to provide the protection required | 25 |
| under this item 9. The certificate of deposit must be held | 26 |
| and made payable in accordance with terms and provisions |
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| approved in advance by the State Board of Education and | 2 |
| must be replaced by a bond meeting the requirements set | 3 |
| forth in this item 9 within 180 days after the issuance of | 4 |
| the certificate of approval to the applicant. Failure to | 5 |
| replace the certificate of deposit with a continuous surety | 6 |
| company bond shall result in revocation of the certificate | 7 |
| of approval.
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| 10. Annual reports reflecting teacher, equipment and | 9 |
| curriculum
evaluations. | 10 |
| 11. Copies of enrollment agreements and retail | 11 |
| installment contracts
to be used in Illinois. | 12 |
| 12. Methods used to collect tuition and procedures
for | 13 |
| collecting delinquent payments. | 14 |
| 13. Copies of all brochures, films, promotional | 15 |
| material
and written scripts, and media advertising and | 16 |
| promotional literature that
may be used to induce students | 17 |
| to enroll in courses of instruction. | 18 |
| 14. Evidence of liability insurance, in such form and | 19 |
| amount as the
Board shall from time to time prescribe | 20 |
| pursuant to rules and regulations
promulgated hereunder, | 21 |
| to protect its students and employees at its places
of | 22 |
| business and at all classroom extensions including any work
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| experience locations. | 24 |
| 15. Each application for a certificate of approval | 25 |
| shall
be signed and certified under oath by the school's | 26 |
| chief managing
employee and also by its individual owner or |
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| owners; provided, that if the
applicant is a partnership or | 2 |
| a corporation, then such application shall be
signed and | 3 |
| certified under oath by the school's chief managing | 4 |
| employee
and also by each member of the partnership or each | 5 |
| officer of the
corporation, as the case may be. | 6 |
| 16. If the evaluation of a particular course or | 7 |
| facility requires the
services of an expert not employed by | 8 |
| the State Board of Education or if in
the interest of | 9 |
| expediting the approval, a school requests the State Board
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| of Education to employ such an expert, the school shall | 11 |
| reimburse the State
Board of Education for the reasonable | 12 |
| cost of such services. | 13 |
| From July 1, 2010 until June 30, 2012, application forms | 14 |
| shall provide that private business and vocational schools that | 15 |
| have obtained national accreditation from an accrediting | 16 |
| agency designated by the U.S. Department of Education may | 17 |
| submit evidence of current accreditation in lieu of responses | 18 |
| to the application requests delineated in this Section. | 19 |
| Applications submitted on evidence of national accreditation | 20 |
| must be approved or denied within 30 days after receipt. If no | 21 |
| action is taken within 30 days, the application shall be deemed | 22 |
| approved and a certificate of approval must be issued. | 23 |
| (Source: P.A. 94-1060, eff. 7-31-06.) | 24 |
| (105 ILCS 425/9) (from Ch. 144, par. 144) | 25 |
| Sec. 9. Restriction
of certificate to courses of |
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| instruction indicated in
application - Supplementary
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| applications. | 3 |
| Any certificate of approval issued shall restrict the | 4 |
| school to the
teaching of the courses of instruction indicated | 5 |
| in the application
for the approval year
for which the | 6 |
| certificate is issued. Prior to the offering of any
additional | 7 |
| or supplementary
courses of instruction the school shall make | 8 |
| application on forms prepared
and furnished by the | 9 |
| Superintendent and secure
approval from the Superintendent and | 10 |
| pay the fee prescribed therefor. | 11 |
| From July 1, 2010 until June 30, 2012, supplementary | 12 |
| application forms shall provide that private business and | 13 |
| vocational schools that have obtained national accreditation | 14 |
| for new courses or programs from an accrediting agency | 15 |
| designated by the U.S. Department of Education may submit | 16 |
| evidence of current accreditation in lieu of other application | 17 |
| requests. Supplementary applications submitted on evidence of | 18 |
| national accreditation must be approved or denied within 30 | 19 |
| days after receipt. If no action is taken within 30 days, the | 20 |
| application shall be deemed approved and a certificate of | 21 |
| approval must be issued. | 22 |
| (Source: P.A. 83-1484.) | 23 |
| (105 ILCS 425/13) (from Ch. 144, par. 148) | 24 |
| Sec. 13. Annual renewal of certificates and permits. Each | 25 |
| school
and each sales representative
that continues as such |
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| shall annually make application upon forms
prepared and | 2 |
| furnished by the Superintendent to
renew its certificate of | 3 |
| approval or his or her permit, as the case may
be, and shall | 4 |
| pay the required annual renewal
fee. The Superintendent shall | 5 |
| have the authority to designate
renewal and expiration dates | 6 |
| for all certificates of approval and sales
representative's | 7 |
| permits.
Each such application shall be reviewed annually by | 8 |
| the Superintendent. | 9 |
| From July 1, 2010 until June 30, 2012, application forms | 10 |
| shall provide that private business and vocational schools that | 11 |
| have obtained national accreditation from an accrediting | 12 |
| agency designated by the U.S. Department of Education may | 13 |
| submit evidence of current accreditation in lieu of other | 14 |
| application requests. Applications submitted on evidence of | 15 |
| national accreditation must be approved or denied within 30 | 16 |
| days after receipt. If no action is taken within 30 days, the | 17 |
| application shall be deemed approved and a certificate of | 18 |
| approval must be issued. | 19 |
| (Source: P.A. 85-1382.)
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| Section 99. Effective date. This Act takes effect July 1, | 21 |
| 2010.".
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