Bill Text: IL SB3308 | 2019-2020 | 101st General Assembly | Introduced

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Bill Title: Amends the Private Business and Vocational Schools Act of 2012. Provides that a school or program with an enrollment capacity of 5 students or less shall not be considered a private business and vocational school. Amends the Electrologist Licensing Act. Provides that no person, firm, or corporation may own, operate, or conduct a school of electrology for the purpose of teaching electrology for compensation unless licensed by the Department. Provides that an applicant shall apply to the Department of Financial and Professional Regulation on forms provided by the Department, pay the required fees, and comply with specific requirements. Provides that the applicant shall establish to the satisfaction of the Department that the owner possesses sufficient liquid assets to meet the prospective expenses of the school for a period of 3 months.

Sponsorship: Partisan Bill (Democrat 1)

Status: (Failed) 2021-01-13 - Session Sine Die [SB3308 Detail]

Download: Illinois-2019-SB3308-Introduced.html

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101ST GENERAL ASSEMBLY State of Illinois 2019 and 2020 SB3308 Introduced 2/11/2020, by Sen. Cristina Castro SYNOPSIS AS INTRODUCED:
105 ILCS 426/30
225 ILCS 412/175 new
Amends the Private Business and Vocational Schools Act of 2012. Provides that a school or program with an enrollment capacity of 5 students or less shall not be considered a private business and vocational school. Amends the Electrologist Licensing Act. Provides that no person, firm, or corporation may own, operate, or conduct a school of electrology for the purpose of teaching electrology for compensation unless licensed by the Department. Provides that an applicant shall apply to the Department of Financial and Professional Regulation on forms provided by the Department, pay the required fees, and comply with specific requirements. Provides that the applicant shall establish to the satisfaction of the Department that the owner possesses sufficient liquid assets to meet the prospective expenses of the school for a period of 3 months.
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FISCAL NOTE ACT MAY APPLY
A BILL FOR
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AN ACT concerning regulation.
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
of 2012 is amended by changing Section 30 as follows:
(105 ILCS 426/30)
Sec. 30. Exemptions. For purposes of this Act, the
following shall not be considered to be a private business and
vocational school:
(1) Any institution devoted entirely to the teaching of
religion or theology.
(2) Any in-service program of study and subject offered
by an employer, provided that no tuition is charged and the
instruction is offered only to employees of the employer.
(3) Any educational institution that (A) enrolls a
majority of its students in degree programs and has
maintained an accredited status with a regional
accrediting agency that is recognized by the U.S.
Department of Education or (B) enrolls students in one or
more bachelor-level programs, enrolls a majority of its
students in degree programs, and is accredited by a
national or regional accrediting agency that is recognized
by the U.S. Department of Education or that (i) is

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regulated by the Board under the Private College Act or the
Academic Degree Act or is exempt from such regulation under
either the Private College Act or the Academic Degree Act
solely for the reason that the educational institution was
in operation on the effective date of either the Private
College Act or the Academic Degree Act or (ii) is regulated
by the State Board of Education.
(4) Any institution and the franchisees of that
institution that exclusively offer a program of study in
income tax theory or return preparation at a total contract
price of no more than $400, provided that the total annual
enrollment of the institution for all such courses of
instruction exceeds 500 students and further provided that
the total contract price for all instruction offered to a
student in any one calendar year does not exceed $3,000.
(5) Any person or organization selling mediated
instruction products through a media, such as tapes,
compact discs, digital video discs, or similar media, so
long as the instruction is not intended to result in the
acquisition of training for a specific employment field, is
not intended to meet a qualification for licensure or
certification in an employment field, or is not intended to
provide credit that can be applied toward a certificate or
degree program.
(6) Schools with no physical presence in this State.
Schools offering instruction or programs of study, but that

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have no physical presence in this State, are not required
to receive Board approval. Such an institution must not be
considered not to have a physical presence in this State
unless it has received a written finding from the Board
that it has a limited physical presence. In determining
whether an institution has no physical presence, the Board
shall require all of the following:
(A) Evidence of authorization to operate in at
least one other state and that the school is in good
standing with that state's authorizing agency.
(B) Evidence that the school has a means of
receiving and addressing student complaints in
compliance with any federal or state requirements.
(C) Evidence that the institution is providing no
instruction in this State.
(D) Evidence that the institution is not providing
core academic support services, including, but not
limited to, admissions, evaluation, assessment,
registration, financial aid, academic scheduling, and
faculty hiring and support in this State.
(7) A school or program within a school that
exclusively provides yoga instruction, yoga teacher
training, or both.
(8) A school or program with an enrollment capacity of
5 students or less.
(Source: P.A. 99-705, eff. 1-1-17.)

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Section 10. The Electrologist Licensing Act is amended by
adding Section 175 as follows:
(225 ILCS 412/175 new)
Sec. 175. Requirements for ownership or operation of
school. No person, firm, or corporation may own, operate, or
conduct a school of electrology for the purpose of teaching
electrology for compensation unless licensed by the
Department. A licensed school is a postsecondary educational
institution authorized by the Department to provide a
postsecondary education program in compliance with the
requirements of this Act. An applicant shall apply to the
Department on forms provided by the Department, pay the
required fees, and comply with the following requirements:
(1) The applicant must submit to the Department for
approval:
(A) a floor plan, drawn to a scale specified on the
floor plan, showing every detail of the proposed
school; and
(B) a lease commitment or proof of ownership for
the location of the proposed school; a lease commitment
must provide for execution of the lease upon the
Department's approval of the school's application and
the lease must be for a period of at least one year.
(2) An application to own or operate a school shall

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include the following:
(A) if the owner is a corporation, a copy of the
articles of incorporation or, if the owner is a limited
liability company, a copy of the articles of
organization;
(B) if the owner is a partnership, a listing of all
partners and their current addresses;
(C) if the applicant is an owner, a completed
financial statement showing the owner's ability to
operate the school for at least 3 months;
(D) a copy of the official enrollment agreement or
student contract to be used by the school, which shall
be consistent with the requirements of this Act and
rules;
(E) a listing of all teachers who will be in the
school's employ, including their teacher license
numbers;
(F) a copy of the curricula that will be followed;
(G) the names, addresses, and current status of all
schools in which the 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;
(H) each application for a certificate of approval
shall be signed and certified under oath by the

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school's chief managing employee and also by its
individual owner or owners; if the applicant is a
partnership or a corporation, then the 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;
(I) a copy of the school's official transcript; and
(J) the required fee.
(3) Each application for a license to operate a school
shall also contain the following commitments:
(A) to conduct the school in accordance with this
Act and the standards and rules from time to time
adopted under this Act;
(B) to permit the Department to inspect the school
or classes thereof from time to time with or without
notice and to make available to the Department, at any
time when required to do so, information including
financial information pertaining to the activities of
the school required for the administration of this Act
and the standards and rules adopted under this Act;
(C) to utilize only advertising and solicitation
that is free from misrepresentation, deception, fraud,
or other misleading or unfair trade practices;
(D) to screen applicants to the school prior to
enrollment pursuant to the requirements of the

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school's regional or national accrediting agency, if
any, and to maintain any and all records of such
screening; if the course of instruction is offered in a
language other than English, the screening shall also
be performed in that language; and
(E) to post in a conspicuous place a statement,
developed by the Department, of student's rights
provided under this Act.
(4) The applicant shall establish to the satisfaction
of the Department that the owner possesses sufficient
liquid assets to meet the prospective expenses of the
school for a period of 3 months. In the discretion of the
Department, additional proof of financial ability may be
required.
(5) The applicant shall comply with all rules of the
Department determining the necessary curriculum and
equipment required for the conduct of the school.
(6) The applicant must demonstrate employment of a
sufficient number of qualified teachers who are holders of
a valid electrology license issued by the Department.
(7) A final inspection of the electrology school shall
be made by the Department before the school may commence
classes.
(8) A written inspection report must be made by the
State Fire Marshal or a local fire authority approving the
use of the proposed premises as an electrology school.