[ Search ] [ Legislation ] [ Bill Summary ]
[ Home ] [ Back ] [ Bottom ]
[ Introduced ] | [ Enrolled ] | [ House Amendment 001 ] |
[ Senate Amendment 001 ] | [ Senate Amendment 002 ] | [ Senate Amendment 003 ] |
90_SB1664eng 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. LRB9010089THpk SB1664 Engrossed LRB9010089THpk 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 Section 2-3.115 as follows: 6 (105 ILCS 5/2-3.115) 7 Sec. 2-3.115. Tech Prep Programs. 8 (a) Programs of academic creditYouth Apprenticeship9Vocational Education programs (Tech Prep) for secondary10school students. The State Superintendent of Education, in11cooperation with the Board of Higher Education,is encouraged 12 to establish a program of academic credit for Tech Prep work 13 based learningyouth apprenticeship vocational education14programsfor secondary school students withevidencingan 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 learningyouth apprenticeship19vocational education programs or agency trainingprogramsin20which its secondary school students shall receive academic21credit for work-related training received at manufacturing22facilities 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 SB1664 Engrossed -2- LRB9010089THpk 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 Section 5. The Private Business and Vocational Schools 8 Act is amended by changing Sections 1, 1.1, 10, 14.1, 15.1, 9 15.1a, and 15.2 as follows: 10 (105 ILCS 425/1) (from Ch. 144, par. 136) 11 Sec. 1. Definitions. As used in this Act, unless the 12 context otherwise requires: 13 A "private business and vocational school" or "school" is 14 an educational institution privately owned and operated by an 15 owner, partnership, or corporation, offering courses of 16 instruction, short courses, or subjects for which tuition is 17 charged, whether such courses of instruction, short courses, 18 or subjects are offered by in-residence, correspondence, 19 distance education, or other methods, to prepare individuals: 20 (1) to follow a trade or artistic occupation; 21 (2) to pursue a manual, mechanical, technical, 22 industrial, business, commercial, office, personal service 23 (other than nursing), or other non-professional occupation; 24 or 25 (3) to follow a profession, if the profession is not 26 subject to licensing or registration under any existing 27 statute of the State of Illinois requiring the licensing or 28 registration of persons practicing such profession or if the 29 school is not approved and regulated by the agency with such 30 licensing or registration authority; 31 (4) to improve, enhance, or add to the skills and 32 abilities of the individual relative to occupational SB1664 Engrossed -3- LRB9010089THpk 1 responsibilities or career opportunities. 2 "Council" means the Private Business and Vocational 3 Schools State Advisory Council created by this Act. 4 "Superintendent" means the State Superintendent of 5 Education. 6 "Sales representative" means a person employed by a 7 school as defined herein, whether such school is located 8 within or outside Illinois, to act as an agent, sales person, 9 broker or independent contractor to procure directly students 10 or enrollees for such school by solicitation in any form made 11 at any place in this State. 12 "Tuition" means any payment or compensation whether paid 13 by an individual, private organization or an agency of the 14 United States, State of Illinois or any political subdivision 15 thereof. 16 "Accrediting" refers to the public recognition of the 17 level of quality of an educational institution or program 18 that is granted by a legal entity. 19 "Accrediting agency" means a legal entity, or a part of 20 that entity, which conducts accrediting activities and is 21 designated by the Secretary of the U.S. Department of 22 Education pursuant to the provisions of the Higher Education 23 Act of 1965 (P.L. 89-329) and related regulations. 24 "Adequate Evaluation Service" means the process by which 25 a school provides prompt evaluation of all required tests and 26 materials with appropriate comments and suggestions for 27 correction of errors and apparent weaknesses and the prompt 28 return of such corrected materials to students concerned. 29 "Board" is the State Board of Education. 30 "Business day" is any calendar day except a Saturday, 31 Sunday or legal holiday; provided that whenever a legal 32 holiday is observed on a Monday, that Monday also shall be 33 deemed a legal holiday. 34 "Certificate of approval" is a non-transferable SB1664 Engrossed -4- LRB9010089THpk 1 certificate issued under the authority of the State Board of 2 Education to a private business and vocational school located 3 within or without the State in the name of the school, which 4 authorizes the school to solicit students and to offer and 5 maintain a course of instruction in compliance with the 6 provisions of this Act and such standards, rules and 7 regulations as may be promulgated by the Board. 8 "Change of location" is a change in a school's principal 9 location, as distinguished from a change in the location of a 10 classroom extension. 11 "Change of ownership" is a change in the financial 12 control of a school occurring whenever 50% or more of a 13 school's stock or assets are sold to another party or parties 14 in one or a series of transactions occurring within any 3 15 year period. 16 "Chief managing employee" is the individual who is the 17 head administrator or supervisor at a school's principal 18 location. 19 "Classroom extension" is a facility used for 20 instructional purposes either wholly or in part by a school 21 at a location different from the school's principal location. 22 "Course of instruction" is a program of study, education, 23 training or instruction consisting of a series of lessons or 24 classes which are coordinated, arranged, or packaged to 25 constitute a subject, curriculum or program of instruction 26 and sold collectively, so long as the course purports to 27 prepare or qualify individuals, or improve or upgrade the 28 skills individuals need (i) for employment, career 29 opportunities or any specific occupation, trade or in job 30 position requiring manual, mechanical, technical, industrial, 31 business, commercial, office, personal service (other than 32 nursing), artistic, or other non-professional skills or 33 abilities, or (ii) for any profession which is not subject to 34 licensing or registration under any existing statute of this SB1664 Engrossed -5- LRB9010089THpk 1 State. 2 "Date of acceptanceadmission" is the date an authorized 3 school officer signs the enrollment agreement at the school's 4 principal location. 5 "Date of admission" is the first scheduled date of class 6 attendance. 7 "Distance education" is a teaching and learning situation 8 in which (i) the instructor and the learner are 9 geographically separated and (ii) instruction and materials 10 are delivered or exchanged or delivered and exchanged by 11 mail, electronic devices, or other means. 12 "Educational institution" is any organization, whether 13 located within or outside of this State, which promotes 14 business and vocational education, even though the 15 institution's principal effort may not be exclusively 16 educational in nature. 17 "Eleemosynary institution" is a benevolent and charitable 18 educational institution deriving a majority of its income 19 from philanthropic gifts and charitable contributions which 20 are used to subsidize its educational program. 21 "Enrollment agreement" is any agreement or instrument, 22 however named, which creates or evidences an obligation 23 binding a student to purchase a course of instruction from a 24 school. 25 "Home study school" is a school which provides 26 correspondence lesson materials prepared in a sequential and 27 logical order for study and completion by a student on his or 28 her own, with completed lessons being returned by the student 29 to the school for evaluation by the school, with comments 30 added, and subsequent return to the student, including those 31 schools which offer such instruction by home study in 32 combination with in-residence instruction. 33 "Illinois student" is any student contracting for 34 instruction within this State at an Illinois or out-of-state SB1664 Engrossed -6- LRB9010089THpk 1 private business and vocational school. 2 "In-residence school" is any school offering courses of 3 instruction to its students on the school's premises. 4 "Out-of-state school" is any school, including both an 5 in-residence school and a home study school, which has its 6 place of instruction or its principal location outside the 7 boundaries of this State, or which offers or conducts courses 8 of instruction or subjects on premises of the school located 9 outside the boundaries of this State, or which provides 10 correspondence or home study lesson materials from a location 11 outside the boundaries of this State, or which evaluates 12 completed lesson materials or otherwise conducts its 13 evaluation service from a location outside the boundaries of 14 this State, or which otherwise offers or provides Illinois 15 students with courses of instruction or subjects through 16 activities engaged in or conducted outside the boundaries of 17 this State. 18 "Person" is an individual, corporation or other business 19 entity. 20 "Placement assistance" is aan organizedservice provided 21 by a school for preparing and referring students to 22 prospective employers as a result of direct contact between 23 school placement officials and employer representatives. 24 "Refund policy" is the course of action followed by a 25 school to reimburse unearned tuition to students not 26 completing a course of instruction. 27 "Religious institution" is an educational institution of 28 a parochial or denominational character offering courses of 29 instruction which are religious or theological in whole or 30 part and have a sectarian objective. 31 "Short course" is a single course of study up to 20 clock 32 hours that (i) is intended to improve or enhance an 33 individual's vocational skills, (ii) includes an assessment 34 of skill development, and (iii) may result in only a SB1664 Engrossed -7- LRB9010089THpk 1 certificate of successful completion or attendance. 2 "Specialized business and vocational degree" is an award 3 conferred on a student who has successfully completed 2 or 4 more academic years or the equivalent thereof in a business 5 and vocational school with major emphasis on training for a 6 specific job or the development of occupational skills 7 related to any of the vocational areas identified within the 8 definition of a "school". 9 "Standards" refers to appropriate criteria established by 10 the Board and used by the Superintendent to implement this 11 Act and such reasonable rules and regulations as may be 12 promulgated by the Board. 13 "Student transcript records" are permanent academic 14 (educational) records used for reproducing transcript copies 15 of such information as the student's dates of attendance, 16 courses and subjects of instruction, and grades. 17 "Subject" is an instructional division, taught separately 18 within a course of instruction, which focuses on student 19 mastery of particular knowledge or skills. 20 "Supplementary course of instruction" is a new course of 21 instruction added to the list of such courses previously 22 approved by the Superintendent. 23 (Source: P.A. 85-1382.) 24 (105 ILCS 425/1.1) (from Ch. 144, par. 136.1) 25 Sec. 1.1. Exemptions and annual filing. 26 (a) For purposes of this Act, the following shall not be 27 considered to be a private business and vocational school: 28 (1) Any eleemosynary institution. 29 (2) Any religious institution. 30 (3) Any public educational institution exempt from 31 property taxation under the laws of this State. 32 (4) Any in-service course of instruction and subject 33 offered by an employer provided no tuition is charged and SB1664 Engrossed -8- LRB9010089THpk 1 such instruction is offered only to employees of such 2 employer. 3 (5) Any educational institution which on the effective 4 date of this amendatory Act of 1984 is regulated solely by or 5 which on June 30, 1991, is solely degree granting, enrolls a 6 majority of its students in bachelors' or higher degree 7 programs, has maintained an accredited status with the 8 Commission on Institutions of Higher Education of the North 9 Central Association of Colleges and Schools, and is regulated 10 by the Illinois Board of Higher Education under the Private 11 College Act or the Academic Degree Act, or which is exempt 12 from such regulation under either of the foregoing Acts 13 solely for the reason that such educational institution was 14 in operation on the effective date of either such Act. 15 (6) Any institution and the franchisees of such 16 institution which offer exclusively a course of instruction 17 in income tax theory or return preparation at a total 18 contract price of no more than $400, provided that the total 19 annual enrollment of such institution for all such courses of 20 instruction exceeds 500 students, and further provided that 21 the total contract price for all instruction offered to a 22 student in any one calendar year does not exceed $400. For 23 each calendar year after 1990, the total contract price shall 24 be adjusted, rounded off to the nearest dollar, by the same 25 percentage as the increase or decrease in the general price 26 level as measured by the consumer price index for all urban 27 consumers for the United States, or its successor index, as 28 defined and officially reported by the United States 29 Department of Labor, or its successor agency. The change in 30 the index shall be that as first published by the Department 31 of Labor for the calendar year immediately preceding the year 32 in which the total contract price is calculated. 33 (b) An institution exempted under subsection (a) of this 34 Section must file with the Superintendent an annual financial SB1664 Engrossed -9- LRB9010089THpk 1 report to demonstrate continued compliance by the institution 2 with the requirements on which the exemption is based. 3 (Source: P.A. 86-824; 87-1238.) 4 (105 ILCS 425/10) (from Ch. 144, par. 145) 5 Sec. 10. Application fees - Renewal fees. The following 6 nonrefundable fees shall be paid by each applicant and 7 collected by the Superintendent upon filing and receipt of 8 each of the applications specified below: 9 Original school application for a 10 certificate of approval..................... $500 11 Initial school application for a 12 certificate of approval upon occurrence 13 of a change of ownership.................... $500 14 Annual school application for renewal 15 of a certificate of approval................ $250 16 School application for a change 17 of location................................. $ 75 18 School application for a 19 classroom extension......................... $150 20 School application for 21 supplementary courses 22 of instruction.............................. $150 23 School application for 24 a short course.............................. $50 25 An applicant school which has not remedied all 26 deficiencies cited by the Superintendent within 12 months of 27 the date of its original application for a certificate of 28 approval shall pay an additional $500 original application 29 fee for the continued cost of investigation of its 30 application. 31 (Source: P.A. 83-1484.) 32 (105 ILCS 425/14.1) (from Ch. 144, par. 149.1) SB1664 Engrossed -10- LRB9010089THpk 1 Sec. 14.1. Annual review. The Superintendent shall 2 annually review and investigate all approved schools and 3 courses of instruction. Consideration shall be given to 4 complaints and information collected by the Federal Trade 5 Commission, Better Business Bureaus, the Illinois Attorney 6 General's Office, any State's Attorney's Office, other State 7 or official approval agencies, local school officials and 8 interested persons. The Superintendent shall investigate all 9 written complaints about a school or its sales 10 representatives received from all affected persons and any 11 and all governmental agencies. Such annual review shall 12 include a comparison between the graduation or completion 13 rate for the school and the graduation or completion rate for 14 the schools within the industry the school represents, such 15 as business, technical or vocational schools, for the 16 reporting period of July 1 through June 30. Any school that 17 fails to maintain a graduation or completion rate greater 18 than 50% of the average graduation or completion rate for 19 schools within that industry shall be placed on probation for 20 one year. If that school's graduation or completion rate 21 fails to exceed 50% of the average graduation rate for 22 schools within that industry for that school's next reporting 23 periodfiscal year, then the Superintendent shall revoke that 24 school's approval to operate in the State of Illinois. 25 In the event a school does not maintain a passage rate of 26 at least 50% of the average passage rate for schools within 27 that industry for any State licensing examination or 28 professional certification examination, then that school 29 shall be placed on probation for one year. If that school's 30 passage rate in its next reporting periodfiscal yeardoes 31 not exceed 50% of the average passage rate of that class of 32 school as a whole, then the Superintendent shall revoke that 33 school's approval to operate in the State of Illinois. 34 The Superintendent shall develop by rule a procedure to SB1664 Engrossed -11- LRB9010089THpk 1 ensure the veracity of the information required under this 2 Section. 3 (Source: P.A. 85-1382.) 4 (105 ILCS 425/15.1) (from Ch. 144, par. 150.1) 5 Sec. 15.1. Enrollment agreements. Enrollment agreements 6 shall be used by schools approved by the Superintendent. The 7 student shall be given a copy of the enrollment agreement at 8 the time the student signs that agreementand shall include9the following written disclosuresand at the time of the 10 agreement's acceptance, if those events occur at different 11 times.2 copies shall be signed by the student; one copy12shall be given to the student andThe school shall retain a 13 signedthe othercopy of the fully executed enrollment 14 agreement as a part of the student's permanent record. 15 Enrollment agreements shall include the following written 16 disclosures: 17 (1) The name and address of the school and the addresses 18 where instruction will be given; 19 (2) The name and description of the course of 20 instruction, including the number of home study lessons and 21 hours of classroom instruction; 22 (3) The total cost of the course of instruction and all 23 other services and facilities furnished or made available to 24 the student by or through the school in connection with the 25 student's matriculation and study and completion of any 26 subject or course of instruction, including all charges made 27 by the school for tuition, room and board, books, materials, 28 supplies, laboratory, shop and studio fees, and other 29 expenses; 30 (4) A clear and conspicuous statement that the agreement 31 is a legally binding instrument when signed by the student 32 and accepted by the school; 33 (5) A clear and conspicuous caption, "BUYER'S RIGHT TO SB1664 Engrossed -12- LRB9010089THpk 1 CANCEL" under which it is explained that the student has the 2 right to cancel the initial enrollment agreement until 3 midnight of the fifth business day after the student has been 4 acceptedadmitted; and if the right to cancel is not given to 5 any prospective student at the time the enrollment agreement 6 is signed, then the student has the right to cancel the 7 agreement at any time and receive a refund of all monies paid 8 to date within 10 days of cancellation; 9 (6) A notice to the students that any cancellation 10 should be in writing and must be delivered to school 11 managementand given to the registered agent, if any, or12managing employee of the school; 13 (7) The school's refund policy for unearned tuition, 14 fees, and other charges; 15 (8) The date of the student's signature and the date of 16 the student's acceptanceadmission; 17 (9) A clear and conspicuous statement that every 18 assignee of a student enrollment agreement takes it subject 19 to all claims and defenses of the student or his successors 20 in interest arising under the agreement; 21 (10) The name of the school employee or agent 22 responsible for procuring, soliciting or enrolling the 23 student; 24 (11) A statement containing the following information 25 for the most recent 12 month reporting period of July 1 26 through June 30: 27 (a) The number of students who were admittedenrolledin 28 the course of instruction as of July 1 of that reporting 29 periodschool during the school's last fiscal year; 30 (b) Additions during the year due to: 31 (A) new starts; 32 (B) re-enrollments; and 33 (C) transfers into the course of instruction from 34 other courses of instruction at the schoolthe number ofSB1664 Engrossed -13- LRB9010089THpk 1students who did not complete the course of instruction2for which they enrolled during the school's last fiscal3year; 4 (c) Total number of students admitted during the 5 reporting period (the number of students reported under item 6 (11)(a) plus the additions reported under parts (A), (B), and 7 (C) of item (11)(b))the percentage of students who did not8complete the course of instruction for which they enrolled9for the past fiscal year as compared to the number of10students who enrolled in the school during the school's past11fiscal year; 12 (d) Of the total course of instruction enrollment, the 13 number of students who: 14 (A) transferred out of the course of instruction to 15 another course of instruction; 16 (B) completed or graduated from a course of 17 instruction; 18 (C) withdrew from the school; 19 (D) are still enrolledthe number and percentage of20students from the particular school who passed the State21licensing examination (if any) during the school's last22fiscal year; 23 (e) The number of students listed in item (11)(d) who 24 (A) were placed in their field of study; 25 (B) were placed in a related field; 26 (C) placed out of the field; 27 (D) were not available for placement due to 28 personal reasons; 29 (E) were not employedthe number and percentage of30graduates who requested placement assistance by the31school during the school's last fiscal year; 32 (f) The number of students who took a State licensing 33 examination or professional certification examination (if 34 any) during the reporting period, as well as the number who SB1664 Engrossed -14- LRB9010089THpk 1 passedthe number and percentage of graduates who obtained2employment as a result of placement assistance by the school3during the school's last fiscal year; such information may be4compiled by reasonable efforts of the school to contact5graduates by written correspondence; 6 (g) The numberand percentageof graduatesof the7particular schoolwho obtained employment in the field who 8 did not use the school's placement assistance during the 9 reporting periodschool's last fiscal year; such information 10 may be compiled by reasonable efforts of the school to 11 contact graduates by written correspondence; 12 (h) The average starting salary for all school graduates 13 employed during the reporting periodschool's last fiscal14year; such information may be compiled by reasonable efforts 15 of the school to contact graduates by written correspondence; 16 (i) The following clear and conspicuous caption: 17 "COMPLAINTS AGAINST THIS SCHOOL MAY BE REGISTERED WITH THE 18 STATE BOARD OF EDUCATION", set forth with the addresses and 19 telephone numbers of the Board's Springfield and Chicago 20 offices. 21 An alphabetical list of names, addresses, and dates of 22 admission by course or course of instruction and a sample 23 copy of the enrollment agreement employed to enroll the 24 students listed shall be filed with the Superintendent on an 25 annual basis. The list shall be signed and verified by the 26 school's Chief Managing Employee. The list shall include 27 enrollments from the period of July 1 through June 30 and 28 shall be submitted within 90 days after the end of the period 29A copy of each student enrollment agreement shall be signed30by the student and filed with the Superintendent on an annual31basis. If the enrollment agreement is negotiated orally in a 32 language other than English, then copies of the above 33 disclosure forms shall be tendered in the language in which 34 the contract was negotiated prior to executing the enrollment SB1664 Engrossed -15- LRB9010089THpk 1 agreement. 2 No school shall enter into any enrollment agreement 3 wherein the student waives the right to assert against the 4 school or any assignee any claim or defense he or she may 5 have against the school arising under the agreement. Any 6 provisions in an enrollment agreement wherein the student 7 agrees to such waiver shall be rendered void. 8 (Source: P.A. 85-1382.) 9 (105 ILCS 425/15.1a) (from Ch. 144, par. 150.1a) 10 Sec. 15.1a. The Superintendent shall issue rules and 11 regulations providing for the establishment of a fair and 12 equitable refund policy for each private business and 13 vocational school. Such refund policy shall provide that: 14 1. Schools shall, when a student gives written notice of 15 cancellation, provide a refund in the amount of at least the 16 following: 17 a. When notice of cancellation is given before midnight 18 of the fifth business daywithin 6 daysafter the date of 19 enrollment but prior to the first day of class, all 20 application-registration fees, tuition, and any other charges 21 shall be refunded to the student; 22 b. When notice of cancellation is given after midnight 23 of the fifth businessthe sixthday following acceptance 24enrollmentbut prior to the close of business on the 25 student's first day of class attendance, the school may 26 retain no more than the application-registration fee which 27 may not exceed $150 or 50% of the cost of tuition, whichever 28 is less$100; 29 c. When notice of cancellation is given after the 30 student's completion of the first day of class attendance, 31 but prior to the student's completion of 5% of the course of 32 instruction, the school may retain the 33 application-registration fee, an amount not to exceed 10% of SB1664 Engrossed -16- LRB9010089THpk 1 the tuition and other instructional charges or $300, 2 whichever is less, and, subject to the limitations of 3 paragraph 12 of this Section,plusthe cost of any books or 4 materials which have been provided by the school. 5 d. When a student has completed in excess of 5% of the 6 course of instruction the school may retain the 7 application-registration feeand the cost of any books or8materials which have been provided by the schoolbut shall 9 refund a part of the tuition and other instructional charges 10 in accordance with whichever of the following applies: 11 (1)A.A school which is accredited by a nationally 12 recognized accrediting agency may use this policyor any13other refund policy filed with the Superintendent which14returns more money at each of the following levels of the15schedule to the student. As used herein, a "nationally 16 recognized accrediting agency" means an agency or 17 association designated by the Secretary of the U.S. 18 Department of Education pursuant to provisions of the 19 Higher Education Act of 1965 (P.L. 89-329) and related 20 regulations. 21 After 5% of the course of instruction, but within 22 the first 4 weeks of classes the school shall refund at 23 least 80% of the tuition; 24 During the first 25% of the course, the school shall 25 refund at least 55% of the tuition; 26 During the second 25% of the course the school shall 27 refund at least 30% of the tuition; 28 In cases of withdrawal after 50% of the course, the 29 school may commit the student to the remaining obligation 30 of tuition. 31As used herein, a "nationally recognized accrediting32agency" means an agency or association designated by the33Secretary of the U.S. Department of Education pursuant to34provisions of the Higher Education Act of 1965 (P.L.SB1664 Engrossed -17- LRB9010089THpk 189-329) and related regulations.2 (2)B.All other schools regulated under this 3 Section may retain an amount computed prorata by days in 4 class plus 10% of tuition and other instructional charges 5 up to completion of 60% of the course of instruction. 6 When the student has completed in excess of 60% of the 7 course of instruction, the school may retain the 8 application/registration fee and the entire tuition and 9 other charges. 10 (3) The refund policy for short courses up to 20 11 clock hours shall refund prorata up to 60% completion of 12 the course. 13 (4) All schools that offer courses of instruction 14 taught by distance education methods shall make refunds 15 to students who cancel their instruction in the following 16 manner: 17 (A) Students who enroll in a distance 18 education course of instruction shall have 5 19 business days from the date of their initial 20 acceptance to cancel the enrollment and receive a 21 complete refund of moneys paid to the school. 22 (B) Thereafter, the school shall retain a 23 prorata amount based on the percentage of lessons 24 completed, up to 60% of the course of instruction, 25 plus 10% of the total tuition and other 26 instructional charges. 27 (C) If more than 20% of the lessons in the 28 course of instruction are completed within the 29 5-business-day cooling off period, the distance 30 education refund policy stated above applies from 31 the beginning of the first lesson completed. 32 (D) Refunds shall be based on the last lesson 33 completed.use this policy or any other required34policy filed with the Superintendent which returnsSB1664 Engrossed -18- LRB9010089THpk 1more money at each of the following levels of the2schedule to the student:3Percentage of days in class Percentage of tuition4completed by student at and other instructional5notice of cancellation: charges which School6may retain:7in excess of 5% - 10% 15%8in excess of 10% - 15% 22%9in excess of 15% - 20% 28%10in excess of 20% - 25% 33%11in excess of 25% - 30% 38%12in excess of 30% - 35% 43%13in excess of 35% - 40% 47%14in excess of 40% - 45% 52%15in excess of 45% - 50% 60%16in excess of 50% - 55% 64%17in excess of 55% - 60% 68%18in excess of 60% - 65% 73%19in excess of 65% - 70% 75%20in excess of 70% - 75% 80%21in excess of 75% - 80% 85%22When notice of cancellation is given after the student23has completed over 80% of the course of instruction measured24by days in class, the school may retain the25application-registration fee and the entire tuition and other26charges.27 2. A student, who on personal initiative and without 28 solicitation enrolls, starts, and completes a course of 29 instruction before midnight of the fifth businessthe sixth30 day after the enrollment agreement is signed, is not subject 31 to the cancellationrefundprovisions of this Section. 32 3. Applicants not accepted by the school shall receive a 33 refund of all tuition and fees paid within 30 calendar days 34 after the determination of non-acceptance is made. SB1664 Engrossed -19- LRB9010089THpk 1 4. Application-registration fees shall be chargeable at 2 initial enrollment and shall not exceed $150 or 50% of the 3 cost of tuition, whichever is less$100.00. 4 5. Deposits or down payments shall become part of the 5 tuition. 6 6. The school shall mail a written acknowledgement of a 7 student's cancellation or written withdrawal to the student 8 within 15 calendar days of the postmark date of notification. 9 Such written acknowledgement is not necessary if a refund has 10 been mailed to the student within the 15 calendar days. 11 7. (Blank).If the school cancels or discontinues a12course, the student shall have all tuition, fees, and other13charges refunded.14 8. All student refunds shall be made by the school 15 within 30 calendar days from the date of receipt of the 16 student's cancellation. 17 9. A student may give notice of cancellation to the 18 school in writing. The unexplained absence of a student from 19 a school for more than 15 school days shall constitute 20 constructive notice of cancellation to the school. For 21 purposes of cancellation the date shall be the last day of 22 attendance. 23 10. A school may make refunds which exceed those 24 prescribed in this Section. If the school has a refund policy 25 that returns more money to a student than those policies 26 prescribed in this Section, that refund policy must be filed 27 with the Superintendent. 28 11. A school shall refund all monies paid to it in any 29 of the following circumstances: 30 a.(a)the school did not provide the prospective 31 student with a copy of the student's valid enrollment 32 agreement and a current catalog or bulletin; 33 b.(b)the school cancels or discontinues the course of 34 instruction in which the student has enrolled;.SB1664 Engrossed -20- LRB9010089THpk 1 c. the school fails to conduct classes on days or times 2 scheduled, detrimentally affecting the student. 3 12. A school must refund any book and materials fees 4 when: (a) the book and materials are returned to the school 5 unmarked; and (b) the student has provided the school with a 6 notice of cancellation. 7 (Source: P.A. 85-1382.) 8 (105 ILCS 425/15.2) (from Ch. 144, par. 150.2) 9 Sec. 15.2. Placement assistance.)Each school which 10 offers or advertises a placement assistance for any course of 11 instruction must file with the Superintendent it's placement 12 statistics for the most recent 12 month reporting period of 13 July 1 through June 30or calendar year immediatelypreceding 14tothe date of the school's application for annual renewal of 15 its certificate of approval for every course of instruction. 16 All schools offering or advertising a placement 17 assistance shall disclose statistics for such 12 month period 18or calendar yearshowing all of the following:number of19students enrolled, the number of students who did not20complete the course of instruction for which they enrolled,21the number of students who graduated, the number of graduates22who requested placement assistance, and the number of23graduates who received bona fide job offers for the job for24which they were trained.25 (a) The number of students who were admitted in the 26 course of instruction as of July 1 of the reporting period. 27 (b) Additions during the year due to: 28 (1) new starts; 29 (2) re-enrollments; and 30 (3) transfers into the course of instruction from 31 other courses of instruction at the school. 32 (c) Total number of students admitted during the 33 reporting period in item (a) plus the additions reported SB1664 Engrossed -21- LRB9010089THpk 1 under parts (1), (2), and (3) of item (b). 2 (d) Of the total enrollment, the number of students who: 3 (1) transferred out of the course of instruction to 4 another course of instruction; 5 (2) completed or graduated from a course of 6 instruction; 7 (3) withdrew from the school; 8 (4) are still enrolled. 9 (e) The number of students listed in (d) who: 10 (1) were placed in their field of study; 11 (2) were placed in a related field; 12 (3) placed out of the field; 13 (4) were not available for placement due to 14 personal reasons; 15 (5) were not employed. 16 (f) The number of students who took the State licensing 17 examination or professional certification examination (if 18 any) during the reporting period, as well as the number who 19 passed. 20 (g) The number of graduates who obtained employment in 21 the field who did not use the school's placement assistance 22 during the reporting period; such information may be compiled 23 by reasonable efforts of the school to contact graduates by 24 written correspondence. 25 (h) The average starting salary for all school graduates 26 employed during the reporting period; such information may be 27 compiled by reasonable efforts of the school to contact 28 graduates by written correspondence. 29 Before a student signs an enrollment agreement the 30 enrolling representative shall disclose to the student the 31 above statistical information for the particular course of 32 instruction offered for sale in the enrollment agreement. 33 In the absence of placement statistics for a new course 34 of instruction, the enrolling representative shall disclose SB1664 Engrossed -22- LRB9010089THpk 1 to the student the placement statistics which represent the 2 aggregate of all courses of instruction. 3 (Source: P.A. 83-1484; 85-433; revised 3-9-98.) 4 Section 99. Effective date. This Act takes effect upon 5 becoming law.