Bill Text: IL SB1795 | 2011-2012 | 97th General Assembly | Chaptered


Bill Title: Amends the School Code. Makes changes concerning budgets and accounting practices, the new principal mentoring program, a task force concerning the inspection and review of school facilities, an interagency working group and a task force concerning school wellness policies, the identification, evaluation, and placement of children with disabilities, and transitional bilingual education teacher certification. Repeals Sections concerning a block grant report, granting and suspending teachers' certificates, the Committee of Cooperative Services, and alternative learning opportunities program funding. Amends the Critical Health Problems and Comprehensive Health Education Act to repeal a Section concerning an advisory committee.

Spectrum: Partisan Bill (Democrat 4-0)

Status: (Passed) 2011-12-30 - Public Act . . . . . . . . . 97-0650 [SB1795 Detail]

Download: Illinois-2011-SB1795-Chaptered.html



Public Act 097-0650
SB1795 EnrolledLRB097 09902 NHT 50065 b
AN ACT concerning education.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 1. Short title. This Act may be cited as the
Private Business and Vocational Schools Act of 2012.
Section 5. Purpose. It is the purpose of this Act to
provide for the protection, education, and welfare of the
citizens of this State; to provide for the education,
protection, and welfare of the students of its private business
and vocational schools; and to facilitate and promote quality
education and responsible, ethical, business practices in each
of the private business and vocational schools enrolling
students in this State.
Section 10. Validity of certificates under the Private
Business and Vocational Schools Act. Certificates of approval
granted by the State Board of Education under the Private
Business and Vocational Schools Act, which is repealed by this
Act, shall remain valid through June 30, 2012.
Section 15. Definitions. As used in this Act, unless the
context otherwise requires:
"Board" means the Board of Higher Education established
under the Board of Higher Education Act.
"Certificate of completion" or "certificate" means any
designation, appellation, series of letters or words, or other
symbol that signifies or purports to signify that the recipient
thereof has satisfactorily completed a private business and
vocational school's program of study that is beyond the
secondary school level, but not a post-secondary degree program
at the associate, baccalaureate, master's, doctoral, or
post-baccalaureate, professional degree level.
"Chief managing employee" is the individual who is the head
administrator or supervisor at a school's principal location.
"Educational institution" or "institution" means an
organization that promotes business and vocational education,
even though the institution's principal effort may not be
exclusively educational in nature.
"Enrollment agreement" means any agreement or instrument,
however named, that creates or evidences an obligation binding
a student to purchase a program of study from a school.
"Non-degree program of study" or "program of study" means
any designation, appellation, series of letters or words, or
other symbol that signifies or purports to signify that the
recipient has satisfactorily completed an organized academic
program of study beyond the secondary school level, such as a
certificate, but below the associate's degree level and that
does not include any recognized degree program such as an
associate's, baccalaureate, master's, or doctoral degree, a
post-baccalaureate, professional degree, or a post-degree
certificate, such as a post-baccalaureate certificate,
post-master's certificate, or post-doctoral certificate.
"Program of study" as used in this definition means any
academic program beyond the secondary school level, except for
a program that is devoted entirely to religion or theology, a
program offered by an institution operating under the authority
of the Private College Act, the Academic Degree Act, or the
Board of Higher Education Act, or a program of study of less
than one year in length operating under the statutory authority
granted to the Department of Financial and Professional
Regulation.
"Permit of approval" means a non-transferable permit,
issued by and pursuant to the authority of the Board of Higher
Education through its Division of Private Business and
Vocational Schools to a private business and vocational school
in the name of the school, that authorizes the school to
solicit students and to offer and maintain one or more courses
of instruction in compliance with the provisions of this Act
and such standards and rules as may be adopted by the Board.
"Private business and vocational school" or "school" means
an educational institution privately owned or operated by a
person, partnership, corporation, or other entity offering
courses of instruction for which tuition is charged, whether
such courses of instruction are offered on site, through
correspondence, by distance education, or by other methods, to
prepare individuals to do any of the following:
(1) To follow a trade or artistic occupation.
(2) To pursue a manual, mechanical, technical,
industrial, business, commercial, office, personal service
(other than nursing), or other non-professional
occupation.
(3) To follow a profession, if the profession is not
subject to licensing or registration under any existing
State statute requiring the licensing or registration of
persons practicing such profession or if the school is not
subject to the regulation of the agency with such licensing
or registration authority.
(4) To improve, enhance, or add to the skills and
abilities of the individual relative to occupational
responsibilities or career opportunities.
Section 20. Permit of approval. No person or group of
persons subject to this Act may establish and operate or be
permitted to become incorporated for the purpose of operating a
private business and vocational school without obtaining from
the Board a permit of approval, provided that a permit of
approval is not required for a program that is devoted entirely
to religion or theology or a program offered by an institution
operating under the authority of the Private College Act, the
Academic Degree Act, or the Board of Higher Education Act.
Application for a permit must be made to the Board upon forms
furnished by it. Permits of approval are not transferable.
Whenever a change of ownership of a school occurs, an
application for a permit of approval for the school under the
changed ownership must immediately be filed with the Board.
Whenever an owner, partnership, or corporation operates a
school at different locations, an application for a permit of
approval must be filed for each location. A school must have
approval prior to operating at a location and must make
application to the Board for any change of location and for a
classroom extension at a new or changed location. Each
application required to be filed in accordance with the
provisions of this Section must be accompanied by the required
fee under the provisions of Sections 75 and 85 of this Act, and
all such applications must be made on forms prepared and
furnished by the Board. The permit of approval must be
prominently displayed at some place on the premises of the
school at each school location open to the inspection of all
interested persons. The Board shall maintain, open to public
inspection, a list of schools, their classroom extensions, and
their courses of instruction approved under this Act and may
annually publish such a list. Issuance of the permit of
approval by the Board does not denote that the school or any
program offered by the school is recommended, guaranteed, or
endorsed by the Board or that the Board is responsible for the
quality of the school or its programs, and no school may
communicate this to be the case. No guarantee of employability
of school graduates is made by the Board in its approval of
programs or schools, and no school may communicate such
information.
Section 25. Award of certificates.
(a) A certificate may be awarded only by a private business
and vocational school approved by the Board to award such a
certificate or by an institution approved by the Board under
the authority of the Private College Act, the Academic Degree
Act, or the Board of Higher Education Act. No private business
and vocational school shall be authorized to award a
certificate or be approved as a certificate-granting
institution unless it provides documentation to the Board that
it satisfies the criteria for approval. The documentation
provided must be under oath or affirmation of the principal
officer of the private business and vocational school and shall
contain the name and address of the institution, the names and
addresses of the president or other administrative head and of
each member of the board of trustees or other governing board,
a description of the certificates to be awarded and the course
or courses of instruction prerequisite thereto, and such
additional information relevant to the purposes of this Act as
the Board may prescribe. Any amendment to the documentation
must be under oath or affirmation of the principal officer of
the institution and must be filed with the Board prior to the
award of any certificate.
(b) A certificate-granting institution shall keep the
documentation that it shall have filed with the Board current
at all times. For this purpose, it shall report annually, by
appropriate amendment of the notice, any change in a fact
previously reported.
The Board may not approve any documentation or amendment to
the documentation filed pursuant to this Section unless it
finds the facts stated therein to be correct and further finds
that such facts constitute compliance with the requirements of
this Act for institutions.
Failure to provide such documentation is grounds for
revocation of the permit of approval.
Section 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
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
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.
Section 35. Institution and program approval criteria.
Each entity seeking a permit of approval is required to
demonstrate that it satisfies institution-approval criteria
and that each program of study offered meets the
program-approval criteria in this Act and any applicable rules.
The following standard criteria are intended to measure the
appropriateness of the stated educational objectives of the
educational programs of a given institution and the extent to
which suitable and proper processes have been developed for
meeting those objectives. Information related to the
satisfaction of the approval criteria outlined in this Section
must be supplied to the Board by institutions on forms provided
by the Board. Additional information may be requested by the
Board to determine the institution's ability to satisfy the
criteria. The following must be considered as part of, but not
necessarily all of, the criteria for approval of institutions
and the programs offered under this Act:
(1) Qualifications of governing board members, owners,
and senior administrators. At a minimum, these individuals
must be of good moral character and have no felony criminal
record.
(2) Qualifications of faculty and staff.
(3) Demonstration of student learning and quality of
program delivery.
(4) Sufficiency of institutional finances.
(5) Accuracy, clarity, and appropriateness of program
descriptions. Institutional promotional, advertising, and
recruiting materials must be clear, appropriate, and
accurate.
(6) Sufficiency of facilities and equipment. At a
minimum, these must be appropriate and must meet applicable
safety code requirements and ordinances.
(7) Fair and equitable refund policies. At a minimum,
these must be fair and equitable, must satisfy any related
State or federal rules, and must abide by the standards
established in Section 60 of this Act and the rules adopted
for the implementation of this Act.
(8) Appropriate and ethical admissions and recruitment
practices. At a minimum, recruiting practices must be
ethical and abide by any State or federal rules.
(9) Recognized accreditation status. Accreditation
with an accrediting body approved by the U.S. Department of
Education may be counted as significant evidence of the
institution's ability to meet curricular approval
criteria.
(10) Meeting employment requirements in the field of
study. The institution must clearly demonstrate how a
student's completion of the program of study satisfies
employment requirements in the occupational field. Such
information must be clearly and accurately provided to
students. If licensure, certification, or their equivalent
is required of program graduates to enter the field of
employment, the institution must clearly demonstrate that
completion of the program will allow students to achieve
this status.
(11) Enrollment agreements that, at a minimum, meet the
requirements outlined in Section 40 of this Act.
(12) Clearly communicated tuition and fee charges.
Tuition and fees and any other expense charged by the
school must be appropriate to the expected income that will
be earned by graduates. No school may have a tuition policy
or enrollment agreement that requires that a student
register for more than a single semester, quarter, term, or
other such period of enrollment as a condition of the
enrollment nor shall any school charge a student for
multiple periods of enrollment prior to completion of the
single semester, quarter, term, or other such period of
enrollment.
(13) Legal action against the institution, its parent
company, its owners, its governing board, or its board
members. Any such legal action must be provided to the
Board and may be considered as a reason for denial or
revocation of the permit of approval.
Section 37. Disclosures. All schools shall make, at a
minimum, the disclosures required under this Section clearly
and conspicuously on their Internet websites. The disclosure
shall consist of a statement containing the following
information for the most recent 12-month reporting period of
July 1 through June 30:
(1) The number of students who were admitted in the
course of instruction as of July 1 of that reporting
period.
(2) Additions during the year due to:
(A) new starts;
(B) re-enrollments; and
(C) transfers into the course of instruction from
other courses of instruction at the school.
(3) The total number of students admitted during the
reporting period (the number of students reported under
paragraph (1) of this Section plus the additions reported
under subparagraphs (A), (B), and (C) of paragraph (2) of
this Section.
(4) Of the total course of instruction enrollment, the
number of students who:
(A) transferred out of the course of instruction to
another course of instruction;
(B) completed or graduated from a course of
instruction;
(C) withdrew from the school;
(D) are still enrolled.
(5) The number of students listed in paragraph (4) of
this Section who:
(A) were placed in their field of study;
(B) were placed in a related field;
(C) placed out of the field;
(D) were not available for placement due to
personal reasons;
(E) were not employed.
(6) The number of students who took a State licensing
examination or professional certification examination, if
any, during the reporting period, as well as the number who
passed.
(7) The number of graduates who obtained employment in
the field who did not use the school's placement assistance
during the reporting period; such information may be
compiled by reasonable efforts of the school to contact
graduates by written correspondence.
(8) The average starting salary for all school
graduates employed during the reporting period; such
information may be compiled by reasonable efforts of the
school to contact graduates by written correspondence.
(9) The following clear and conspicuous caption, set
forth with the address and telephone number of the Board's
office:
"COMPLAINTS AGAINST THIS SCHOOL MAY BE REGISTERED
WITH THE BOARD OF HIGHER EDUCATION.".
An alphabetical list of names, addresses, and dates of
admission by course or course of instruction and a sample copy
of the enrollment agreement employed to enroll the students
listed shall be filed with the Board's Executive Director on an
annual basis. The list shall be signed and verified by the
school's chief managing employee.
Section 40. Enrollment agreements. A copy of the enrollment
agreement must be provided to the Board. Enrollment agreements
may be used by schools only if approved by the Board. The Board
shall develop a standard enrollment agreement for use by
schools approved or seeking approval under this Act. Schools
may create an enrollment agreement that meets the minimum
requirements of this Section, but it must be approved by the
Board prior to implementation. The student must be given a copy
of the enrollment agreement at the time the student signs that
agreement and at the time of the agreement's acceptance, if
those events occur at different times. The school shall retain
a signed copy of the fully executed enrollment agreement as a
part of the student's permanent record. No school may enter
into an enrollment agreement wherein the student waives the
right to assert against the school or any assignee any claim or
defense he or she may have against the school arising under the
agreement. Any provisions in an enrollment agreement wherein
the student agrees to such a waiver shall be rendered void.
Enrollment agreements shall include, at a minimum, a clear
description of costs, refund policies, program information,
all disclosures required by this Act, the Board's Internet
website, the address and phone number of the Board for students
to report complaints, and any additional information the Board
may require by rule.
Section 45. Board approval. Each school approved by the
Board under this Act is responsible for the content of any
program offered. Issuance of the permit of approval does not
denote that the school or any program offered by the school is
recommended, guaranteed, or endorsed by the Board. Schools may
not advertise or communicate to students or the public in any
way that indicates endorsement of the school or any program by
the Board.
Section 50. Requirements for approved institutions. Each
school and each of the non-degree programs of study offered by
the school shall be approved for 5 years, subject to the terms
and conditions of approval, including without limitation the
submission of required reporting and the payment of required
charges and fees under the provisions of Section 75 of this
Act, and compliance with any other requirements in this Act or
supporting rules. Failure to so comply at any time during the 5
years is grounds for immediate revocation of the permit of
approval. Information requested by the Board must be submitted
annually or, in special circumstances, at the request of the
Board. Failure to do so is grounds for immediate revocation of
the permit of approval. Each non-degree program of study must
be approved by the Board as well. Regardless of when the
program was approved, all programs of study must be approved
again with the institutional approval at the end of the 5-year
approval period or in conjunction with an earlier review if so
required under this Act or the administrative rules adopted in
support of this Act. The Board's Executive Director has the
authority to order any school subject to this Act to cease and
desist operations if the school is found to have acted contrary
to the standards set forth in this Act or the supporting
administrative rules.
Section 55. Maintenance of approval. Institutions covered
under this Act must meet the following requirements to receive
and maintain approval:
(1) Provide a surety bond. A continuous surety company
bond, written by a company authorized to do business in
this State, for the protection of contractual rights,
including faithful performance of all contracts and
agreements for students and their parents, guardians, or
sponsors. The Board shall establish the bond amount by
rule. The amount of the bond must be sufficient to provide
for the repayment of full tuition to all students enrolled
at the institution in the event of closure of the
institution. Evidence of the continuation of the bond must
be filed annually with the Board. The surety bond must be a
written agreement that provides for monetary compensation
in the event that the school fails to fulfill its
obligations to its students and their parents, guardians,
or sponsors. The surety bonding company shall guarantee the
return to students and their parents, guardians, or
sponsors of all prepaid, unearned tuition in the event of
school closure. A condition of the bond shall be that the
bond agent shall notify the Board in the event the bond is
no longer in effect.
(2) Provide to the Board and each student the school's
policy for addressing student complaints. Included in this
process, the school must provide in its promotional
materials and on its Internet website the Board's address
and Internet website for reporting complaints.
(3) Provide on the institution's Internet website and
in promotional materials and enrollment agreements the
Internet website, address, and phone number of the Board
for students to report complaints.
(4) Provide evidence of liability insurance, in such
form and amount as the Board shall from time to time
prescribe pursuant to rules adopted under this Act, to
protect students and employees at the school's places of
business and at all classroom extensions, including any
work-experience locations.
(5) Provide data as requested by the Board to support
the satisfaction of the requirements of this Act or to
provide vocational and technical educational data for the
longitudinal data system created under the P-20
Longitudinal Education Data System Act.
(6) Pay required fees as described under the provisions
of Section 75 of this Act by prescribed deadlines.
(7) With respect to advertising programs of study, all
of the following apply:
(A) A school may state that it is approved to offer
a program of study or authorized to award a certificate
in this State only after that approval has been
officially granted and received in writing from the
Board.
(B) A school shall not advertise or state in any
manner that it is accredited by the Board to award
degrees or certificates.
(C) No school may publish or otherwise communicate
to prospective students, faculty, staff, or the public
misleading or erroneous information about the
certificate or degree-granting status of a given
institution.
(D) All advertisements or solicitations by
approved schools shall only reference the Board's
approval by stating that the school is approved by the
"Division of Private Business and Vocational Schools".
(E) All advertisements or solicitations by
approved schools shall contain the school's official
Internet website address.
(8) Permit the Board's Executive Director or his or her
designees to inspect the school or classes thereof from
time to time with or without notice and to make available
to the Board's Executive Director or his or her designees,
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.
(9) Maintain satisfactory student retention and
graduation rates and State licensing examination or
professional certification examination passage rates.
Student retention and graduation rates must be maintained
that are appropriate to standards in the field. A State
licensing examination or professional certification
examination passage rate of at least 50% of the average
passage rate for schools within the industry for any State
licensing examination or professional certification
examination must be maintained. In the event that the
school fails to do so, then that school shall be placed on
probation for one year. If that school's passage rate in
its next reporting period does not exceed 50% of the
average passage rate of that class of school as a whole,
then the Board shall revoke the school's approval for that
program to operate in this State. In addition, this shall
be grounds for reviewing the institution's approval to
operate. The Board shall develop, by rule, a procedure to
ensure the veracity of the information required under this
Section.
(10) Not enter into an enrollment agreement wherein the
student waives the right to assert against the school or
any assignee any claim or defense he or she may have
against the school arising under the agreement. Any
provisions in an enrollment agreement wherein the student
agrees to such a waiver shall be rendered void.
(11) Not have a tuition policy or enrollment agreement
that requires that a student register for more than a
single semester, quarter, term, or other such period of
enrollment as a condition of the enrollment nor charge a
student for multiple periods of enrollment prior to
completion of a single semester, quarter, term, or other
such period of enrollment.
(12) Provide the Board with a copy of any notice of
warning or suspension or revocation received from an
accrediting agency or State or federal oversight body
within 15 days after receipt of the notice. The school
shall, at the same time, inform the Board, in writing, on
actions being taken to correct all deficiencies cited.
(13) Maintain a fair and equitable refund policy and
abide by it. Such a policy shall abide by any State or
federal rules as appropriate. The same policy shall apply
to all students equally.
(14) Act in an ethical manner.
Section 60. Refund policy. The Board shall establish
minimum standards for a fair and equitable refund policy that
must be applied by all institutions subject to this Act. The
same refund policy must be applied to all students even if they
are not eligible for federal financial aid. Schools that are
accredited by an accrediting body recognized by the U.S.
Department of Education and approved to participate in offering
Federal Title IV student financial aid may apply the required
federal refund policy as long as the same policy is applied to
all students even if they are not eligible for federal
financial aid.
Section 65. Prohibition against advertising a school or
soliciting students without Board authorization. Prior to the
issuance of a permit of approval by the Board, no person or
organization shall advertise a school or any program of study
or solicit prospective students unless the person or
organization has applied for and received from the Board
authorization to conduct such activity. If the Board has
authorized such activity, all advertisements or solicitations
must reference the Board's approval by stating that the school
is approved by the "Division of Private Business and Vocational
Schools of the Illinois Board of Higher Education".
Section 70. Closing of a school.
(a) In the event a school proposes to discontinue its
operations, the chief administrative officer of the school
shall cause to be filed with the Board the original or legible
true copies of all such academic records of the institution as
may be specified by the Board.
(b) These records shall include, at a minimum, the academic
records of each former student that is traditionally provided
on an academic transcript, such as, but not limited to, courses
taken, terms, grades, and other such information.
(c) In the event it appears to the Board that any such
records of an institution discontinuing its operations is in
danger of being lost, hidden, destroyed, or otherwise made
unavailable to the Board, the Board may seize and take
possession of the records, on its own motion and without order
of court.
(d) The Board shall maintain or cause to be maintained a
permanent file of such records coming into its possession.
(e) As an alternative to the deposit of such records with
the Board, the institution may propose to the Board a plan for
permanent retention of the records. The plan must be put into
effect only with the approval of the Board.
(f) When a postsecondary educational institution now or
hereafter operating in this State proposes to discontinue its
operation, such institution shall cause to be created a
teach-out plan acceptable to the Board, which shall fulfill the
school's educational obligations to its students. Should the
school fail to deliver or act on the teach-out plan, the Board
is in no way responsible for providing the teach-out.
(g) The school and its designated surety bonding company
are responsible for the return to students of all prepaid,
unearned tuition. As identified in Section 55 of this Act, the
surety bond must be a written agreement that provides for
monetary compensation in the event that the school fails to
fulfill its obligations. The surety bonding company shall
guarantee the return to the school's students and their
parents, guardians, or sponsors of all prepaid, unearned
tuition in the event of school closure. Should the school or
its surety bonding company fail to deliver or act to fulfill
the obligation, the Board is in no way responsible for the
repayment or any related damages or claims.
Section 75. Application and renewal fees. Fees for
application and renewal may be set by the Board by rule. Fees
shall be collected for all of the following:
(1) An original school application for a certificate of
approval.
(2) An initial school application for a certificate of
approval upon occurrence of a change of ownership.
(3) An annual school application for renewal of a
certificate of approval.
(4) A school application for a change of location.
(5) A school application for a classroom extension.
(6) If an applicant school that has not remedied all
deficiencies cited by the Board within 12 months after the
date of its original application for a certificate of
approval, an additional original application fee for the
continued cost of investigation of its application.
(7) Transcript processing.
Section 80. Private Business and Vocational Schools
Quality Assurance Fund. The Private Business and Vocational
Schools Quality Assurance Fund is created as a special fund in
the State treasury. All fees collected for the administration
and enforcement of this Act must be deposited into this Fund.
All money in the Fund must be used, subject to appropriation,
by the Board to supplement support for the administration and
enforcement of this Act and must not be used for any other
purpose.
Section 85. Violations under the Act.
(a) The Board's Executive Director has the authority to
order any school subject to this Act to cease and desist
operations if the school is found to have acted contrary to the
standards set forth in this Act or supporting rules.
(b) The Board's Executive Director shall, before refusing
to issue or renew, and before revocation of any certificate or
permit, at least 10 days prior to the date set for the hearing,
notify in writing the applicant for or holder of a certificate
or permit (the respondent) that a hearing shall be held on the
date designated to determine whether the respondent is
privileged to hold such certificate or permit, and shall afford
the respondent an opportunity to be heard in person or by
counsel in reference thereto. The written notice may be served
by delivery of the same personally to the respondent, or by
mailing the same by registered mail to the place of business
last specified by the respondent in the last notification to
the Board's Executive Director. At the time and place fixed in
the notice, the Board's Executive Director or his or her
designated hearing officer shall proceed to hear the charges
and both the respondent and the complainant shall be accorded
ample opportunity to present in person or by counsel such
statements, testimony, evidence, and arguments as may be
pertinent to the charges or to any defense thereto. The Board's
Executive Director or his or her designated hearing officer may
continue such hearing from time to time. If the Board's
Executive Director shall not be sitting at the time and place
fixed in the notice or at the time and place to which the
hearing shall have been continued, the Board's Executive
Director or his or her designated hearing officer shall
continue such hearing for a period not to exceed 30 days.
Failure of the respondent to appear on the date set for hearing
or failure to proceed as ordered by the Board's Executive
Director or his or her designated hearing officer shall
constitute a default and automatic revocation.
(c) The Board's Executive Director is authorized to
subpoena and bring before a hearing officer any person or
persons in this State and to take testimony either orally or by
deposition or by exhibit, with the same fees and mileage and in
the same manner as prescribed by law in judicial proceedings in
civil cases in circuit courts of this State. The Board's
Executive Director or the designated hearing officer shall
administer oaths to witnesses at any hearing that the Board's
Executive Director is authorized by law to conduct.
(d) Any circuit court, upon the application of the
respondent or complainant or of the Board's Executive Director,
may by order duly entered, require the attendance of witnesses
and the production of relevant books and papers before any
hearing the Board's Executive Director is authorized to
conduct, and the court may compel obedience to its order by
proceedings for contempt.
(e) The Board shall establish rules for the appeal of
decisions to revoke the permit of approval. At a minimum, the
rules shall include all of the following:
(1) The school must be notified of the revocation in
writing through registered mail or other appropriate
notification.
(2) The school has 10 business days after notification
to request an appeal of the decision.
(3) The Board shall not be required to schedule a
hearing and has the option to waive a hearing if the
institution has not operated for one continuous, 12-month
period or the institution has been abandoned; however, even
in these cases, the Board shall be required to revoke the
authority at a public hearing at which any opponent who is
injured or impacted by the revocation must be given the
opportunity to be heard.
(4) The Board shall designate a hearing officer, who
shall schedule and conduct a hearing.
(5) The hearing officer shall make a final
administrative decision, which decision may be reviewed
judicially by the circuit court in accordance with
subsection (f) of this Section.
(f) Any person affected by a final administrative decision
of the Board's Executive Director may have such decision
reviewed judicially by the circuit court of the county wherein
the person resides, or in the case of a corporation, wherein
the registered office is located. If the plaintiff in the
review proceeding is not a resident of this State, the venue
shall be in Sangamon County. The provisions of the
Administrative Review Law, and all amendments and
modifications thereof, and the rules adopted pursuant thereto,
shall apply to and govern all proceedings for the judicial
review of final administrative decisions of the Board's
Executive Director. "Administrative decisions" has the same
meaning as in Section 3-101 of the Code of Civil Procedure.
(g) Except for the violations enumerated in subsection (e)
of this Section, any owner, operator, or authorized agent of a
school who knowingly violates any provision of this Act is
guilty of a business offense.
(h) Any owner, operator, or authorized agent of a private
business and vocational school who commits any of the following
offenses is guilty of a Class A misdemeanor for the first
offense and a Class 4 felony for the second or subsequent
offense:
(1) Knowingly, and for the purpose of influencing or
inducing a person to enroll in the program of study offered
by the school, makes any false or misleading statements,
misrepresentations, or false promises to the person
regarding opportunities upon graduation from the school
for (i) employment in a business, industry, or trade, (ii)
admission to an institution of higher learning, or (iii)
admission to an occupational licensing examination.
(2) Knowingly, and with intent to defraud, retains in
excess of the school's refund policy prescribed in this Act
any unearned tuition or fees paid by a student who has
cancelled his or her enrollment agreement and is entitled
to a refund.
(3) Knowingly, and with intent to defraud,
misrepresents that any student who has cancelled his or her
enrollment agreement is presently enrolled in the school,
has completed the program of study, or has graduated from
the school.
(4) Knowingly uses or attempts to use students in any
commercial or manufacturing activity related to the
operation of the school and to the school's advantage and
profit, except to the extent that the school provides the
student with practical experience supplemental to the
course of instruction or except in the case of students who
are employed by the school and compensated for such
employment.
(i) The Board shall adopt rules to pursue resolution of
complaints. At a minimum, the rules shall include all of the
following:
(1) Student complaints must be submitted in writing to
the Board.
(2) Board staff shall contact the school about the
complaint by registered mail or other appropriate
notification. The school has 10 business days to respond to
the Board about the complaint. The Board shall provide a
resolution determination to the school. The school may
request a hearing about the proposed resolution within 10
business days after the delivery of the complaint by
registered mail or other appropriate notification. If the
school does not abide by the resolution determination, then
the Board can issue a cease and desist order to the school.
If the school does not comply with the cease and desist
order, then the Board may revoke the school's permit of
approval.
(3) The complaint may be forwarded to the institution's
accrediting body.
(4) The Board shall annually issue a public report
about the complaints received. At a minimum, the report
shall include the institution, the nature of the complaint,
and the current resolution status of the complaint. No
individual student shall be named in the report.
(j) Upon application of the Board's Executive Director, the
Attorney General or any State's Attorney, the Circuit Court of
each county in which a violation of this Act or the rules and
regulations has occurred, shall have jurisdiction to enjoin any
violation thereof.
(k) The following acts or omissions by an owner, operator,
or authorized agent of a private business and vocational school
shall constitute violations of this Act and unlawful practices
pursuant to the Consumer Fraud and Deceptive Business Practices
Act:
(1) False or misleading statements,
misrepresentations, or false promises that have the
tendency or capacity to influence or induce persons to
enroll in the program of study offered by the school.
(2) Failure or refusal of the school to make the
disclosures in advertising materials in the enrollment
agreement and on its Internet website as required by this
Act, or the making of false or inaccurate statements in
such disclosures.
(3) Failure or refusal of the school to refund fees and
unearned tuition, in accordance with the refund policy
prescribed by this Act, to any student who cancels his or
her enrollment agreement.
(4) Failure or refusal of the school to employ course
instructors under conditions presented to the Board to
satisfy the requirements of this Act or to provide the
equipment, facilities, or services necessary to implement
the program of study as presented to the Board to satisfy
the requirements of the Act.
(l) Whenever the Attorney General or a State's Attorney
receives a complaint against a private business and vocational
school that alleges one or more of the violations enumerated in
subsection (k) of this Section, he or she may conduct an
investigation to determine the validity of the complaint and,
if a violation or violations are found, may use any or all of
the remedies, penalties, or authority granted to him or her by
the Consumer Fraud and Deceptive Business Practices Act to
correct such violations and enforce the provisions of this Act.
Within 10 business days after receipt, the Board shall transmit
to the Attorney General and the appropriate State's Attorney
copies of complaints filed in the Board's office that allege
one or more of the violations enumerated in subsection (k) of
this Section.
(m) Any person who suffers damages as a result of a
violation of this Act committed by a school or its
representative may bring an action against the school. The
court, in its discretion, may award actual damages, treble
actual damages if fraud is proved, injunctive relief, and any
other relief that the court deems proper.
Such action may be commenced in the county where the school
is located or has its principal place of business or in the
county where the transaction or any substantial portion thereof
occurred.
In any action brought by a person under this Section, the
court may award, in addition to the relief provided in this
Section, reasonable attorney's fees and costs to the prevailing
party.
Either party to an action under this Section may request a
trial by jury.
Section 90. Rulemaking authority. The Board shall have
rulemaking authority as necessary and appropriate to implement
this Act. Rulemaking authority to implement this Act, if any,
is conditioned on the rules being adopted in accordance with
all provisions of the Illinois Administrative Procedure Act and
all rules and procedures of the Joint Committee on
Administrative Rules; any purported rule not so adopted, for
whatever reason, is unauthorized.
Section 500. The Department of Professional Regulation Law
of the Civil Administrative Code of Illinois is amended by
changing Section 2105-15 as follows:
(20 ILCS 2105/2105-15)
Sec. 2105-15. General powers and duties.
(a) The Department has, subject to the provisions of the
Civil Administrative Code of Illinois, the following powers and
duties:
(1) To authorize examinations in English to ascertain
the qualifications and fitness of applicants to exercise
the profession, trade, or occupation for which the
examination is held.
(2) To prescribe rules and regulations for a fair and
wholly impartial method of examination of candidates to
exercise the respective professions, trades, or
occupations.
(3) To pass upon the qualifications of applicants for
licenses, certificates, and authorities, whether by
examination, by reciprocity, or by endorsement.
(4) To prescribe rules and regulations defining, for
the respective professions, trades, and occupations, what
shall constitute a school, college, or university, or
department of a university, or other institution,
reputable and in good standing, and to determine the
reputability and good standing of a school, college, or
university, or department of a university, or other
institution, reputable and in good standing, by reference
to a compliance with those rules and regulations; provided,
that no school, college, or university, or department of a
university, or other institution that refuses admittance
to applicants solely on account of race, color, creed, sex,
or national origin shall be considered reputable and in
good standing.
(5) To conduct hearings on proceedings to revoke,
suspend, refuse to renew, place on probationary status, or
take other disciplinary action as authorized in any
licensing Act administered by the Department with regard to
licenses, certificates, or authorities of persons
exercising the respective professions, trades, or
occupations and to revoke, suspend, refuse to renew, place
on probationary status, or take other disciplinary action
as authorized in any licensing Act administered by the
Department with regard to those licenses, certificates, or
authorities. The Department shall issue a monthly
disciplinary report. The Department shall deny any license
or renewal authorized by the Civil Administrative Code of
Illinois to any person who has defaulted on an educational
loan or scholarship provided by or guaranteed by the
Illinois Student Assistance Commission or any governmental
agency of this State; however, the Department may issue a
license or renewal if the aforementioned persons have
established a satisfactory repayment record as determined
by the Illinois Student Assistance Commission or other
appropriate governmental agency of this State.
Additionally, beginning June 1, 1996, any license issued by
the Department may be suspended or revoked if the
Department, after the opportunity for a hearing under the
appropriate licensing Act, finds that the licensee has
failed to make satisfactory repayment to the Illinois
Student Assistance Commission for a delinquent or
defaulted loan. For the purposes of this Section,
"satisfactory repayment record" shall be defined by rule.
The Department shall refuse to issue or renew a license to,
or shall suspend or revoke a license of, any person who,
after receiving notice, fails to comply with a subpoena or
warrant relating to a paternity or child support
proceeding. However, the Department may issue a license or
renewal upon compliance with the subpoena or warrant.
The Department, without further process or hearings,
shall revoke, suspend, or deny any license or renewal
authorized by the Civil Administrative Code of Illinois to
a person who is certified by the Department of Healthcare
and Family Services (formerly Illinois Department of
Public Aid) as being more than 30 days delinquent in
complying with a child support order or who is certified by
a court as being in violation of the Non-Support Punishment
Act for more than 60 days. The Department may, however,
issue a license or renewal if the person has established a
satisfactory repayment record as determined by the
Department of Healthcare and Family Services (formerly
Illinois Department of Public Aid) or if the person is
determined by the court to be in compliance with the
Non-Support Punishment Act. The Department may implement
this paragraph as added by Public Act 89-6 through the use
of emergency rules in accordance with Section 5-45 of the
Illinois Administrative Procedure Act. For purposes of the
Illinois Administrative Procedure Act, the adoption of
rules to implement this paragraph shall be considered an
emergency and necessary for the public interest, safety,
and welfare.
(6) To transfer jurisdiction of any realty under the
control of the Department to any other department of the
State Government or to acquire or accept federal lands when
the transfer, acquisition, or acceptance is advantageous
to the State and is approved in writing by the Governor.
(7) To formulate rules and regulations necessary for
the enforcement of any Act administered by the Department.
(8) To exchange with the Department of Healthcare and
Family Services information that may be necessary for the
enforcement of child support orders entered pursuant to the
Illinois Public Aid Code, the Illinois Marriage and
Dissolution of Marriage Act, the Non-Support of Spouse and
Children Act, the Non-Support Punishment Act, the Revised
Uniform Reciprocal Enforcement of Support Act, the Uniform
Interstate Family Support Act, or the Illinois Parentage
Act of 1984. Notwithstanding any provisions in this Code to
the contrary, the Department of Professional Regulation
shall not be liable under any federal or State law to any
person for any disclosure of information to the Department
of Healthcare and Family Services (formerly Illinois
Department of Public Aid) under this paragraph (8) or for
any other action taken in good faith to comply with the
requirements of this paragraph (8).
(9) To perform other duties prescribed by law.
(a-5) Except in cases involving default on an educational
loan or scholarship provided by or guaranteed by the Illinois
Student Assistance Commission or any governmental agency of
this State or in cases involving delinquency in complying with
a child support order or violation of the Non-Support
Punishment Act, no person or entity whose license, certificate,
or authority has been revoked as authorized in any licensing
Act administered by the Department may apply for restoration of
that license, certification, or authority until 3 years after
the effective date of the revocation.
(b) The Department may, when a fee is payable to the
Department for a wall certificate of registration provided by
the Department of Central Management Services, require that
portion of the payment for printing and distribution costs be
made directly or through the Department to the Department of
Central Management Services for deposit into the Paper and
Printing Revolving Fund. The remainder shall be deposited into
the General Revenue Fund.
(c) For the purpose of securing and preparing evidence, and
for the purchase of controlled substances, professional
services, and equipment necessary for enforcement activities,
recoupment of investigative costs, and other activities
directed at suppressing the misuse and abuse of controlled
substances, including those activities set forth in Sections
504 and 508 of the Illinois Controlled Substances Act, the
Director and agents appointed and authorized by the Director
may expend sums from the Professional Regulation Evidence Fund
that the Director deems necessary from the amounts appropriated
for that purpose. Those sums may be advanced to the agent when
the Director deems that procedure to be in the public interest.
Sums for the purchase of controlled substances, professional
services, and equipment necessary for enforcement activities
and other activities as set forth in this Section shall be
advanced to the agent who is to make the purchase from the
Professional Regulation Evidence Fund on vouchers signed by the
Director. The Director and those agents are authorized to
maintain one or more commercial checking accounts with any
State banking corporation or corporations organized under or
subject to the Illinois Banking Act for the deposit and
withdrawal of moneys to be used for the purposes set forth in
this Section; provided, that no check may be written nor any
withdrawal made from any such account except upon the written
signatures of 2 persons designated by the Director to write
those checks and make those withdrawals. Vouchers for those
expenditures must be signed by the Director. All such
expenditures shall be audited by the Director, and the audit
shall be submitted to the Department of Central Management
Services for approval.
(d) Whenever the Department is authorized or required by
law to consider some aspect of criminal history record
information for the purpose of carrying out its statutory
powers and responsibilities, then, upon request and payment of
fees in conformance with the requirements of Section 2605-400
of the Department of State Police Law (20 ILCS 2605/2605-400),
the Department of State Police is authorized to furnish,
pursuant to positive identification, the information contained
in State files that is necessary to fulfill the request.
(e) The provisions of this Section do not apply to private
business and vocational schools as defined by Section 15 1 of
the Private Business and Vocational Schools Act of 2012.
(f) Beginning July 1, 1995, this Section does not apply to
those professions, trades, and occupations licensed under the
Real Estate License Act of 2000, nor does it apply to any
permits, certificates, or other authorizations to do business
provided for in the Land Sales Registration Act of 1989 or the
Illinois Real Estate Time-Share Act.
(g) Notwithstanding anything that may appear in any
individual licensing statute or administrative rule, the
Department shall deny any license application or renewal
authorized under any licensing Act administered by the
Department to any person who has failed to file a return, or to
pay the tax, penalty, or interest shown in a filed return, or
to pay any final assessment of tax, penalty, or interest, as
required by any tax Act administered by the Illinois Department
of Revenue, until such time as the requirement of any such tax
Act are satisfied; however, the Department may issue a license
or renewal if the person has established a satisfactory
repayment record as determined by the Illinois Department of
Revenue. For the purpose of this Section, "satisfactory
repayment record" shall be defined by rule.
In addition, a complaint filed with the Department by the
Illinois Department of Revenue that includes a certification,
signed by its Director or designee, attesting to the amount of
the unpaid tax liability or the years for which a return was
not filed, or both, is prima facia evidence of the licensee's
failure to comply with the tax laws administered by the
Illinois Department of Revenue. Upon receipt of that
certification, the Department shall, without a hearing,
immediately suspend all licenses held by the licensee.
Enforcement of the Department's order shall be stayed for 60
days. The Department shall provide notice of the suspension to
the licensee by mailing a copy of the Department's order by
certified and regular mail to the licensee's last known address
as registered with the Department. The notice shall advise the
licensee that the suspension shall be effective 60 days after
the issuance of the Department's order unless the Department
receives, from the licensee, a request for a hearing before the
Department to dispute the matters contained in the order.
Any suspension imposed under this subsection (g) shall be
terminated by the Department upon notification from the
Illinois Department of Revenue that the licensee is in
compliance with all tax laws administered by the Illinois
Department of Revenue.
The Department shall promulgate rules for the
administration of this subsection (g).
(h) The Department may grant the title "Retired", to be
used immediately adjacent to the title of a profession
regulated by the Department, to eligible retirees. The use of
the title "Retired" shall not constitute representation of
current licensure, registration, or certification. Any person
without an active license, registration, or certificate in a
profession that requires licensure, registration, or
certification shall not be permitted to practice that
profession.
(i) Within 180 days after December 23, 2009 (the effective
date of Public Act 96-852), the Department shall promulgate
rules which permit a person with a criminal record, who seeks a
license or certificate in an occupation for which a criminal
record is not expressly a per se bar, to apply to the
Department for a non-binding, advisory opinion to be provided
by the Board or body with the authority to issue the license or
certificate as to whether his or her criminal record would bar
the individual from the licensure or certification sought,
should the individual meet all other licensure requirements
including, but not limited to, the successful completion of the
relevant examinations.
(Source: P.A. 95-331, eff. 8-21-07; 96-459, eff. 8-14-09;
96-852, eff. 12-23-09; 96-1000, eff. 7-2-10.)
Section 505. The State Finance Act is amended by adding
Section 5.809 as follows:
(30 ILCS 105/5.809 new)
Sec. 5.809. The Private Business and Vocational Schools
Quality Assurance Fund.
Section 510. The Riverboat Gambling Act is amended by
changing Section 9 as follows:
(230 ILCS 10/9) (from Ch. 120, par. 2409)
Sec. 9. Occupational licenses.
(a) The Board may issue an occupational license to an
applicant upon the payment of a non-refundable fee set by the
Board, upon a determination by the Board that the applicant is
eligible for an occupational license and upon payment of an
annual license fee in an amount to be established. To be
eligible for an occupational license, an applicant must:
(1) be at least 21 years of age if the applicant will
perform any function involved in gaming by patrons. Any
applicant seeking an occupational license for a non-gaming
function shall be at least 18 years of age;
(2) not have been convicted of a felony offense, a
violation of Article 28 of the Criminal Code of 1961, or a
similar statute of any other jurisdiction;
(2.5) not have been convicted of a crime, other than a
crime described in item (2) of this subsection (a),
involving dishonesty or moral turpitude, except that the
Board may, in its discretion, issue an occupational license
to a person who has been convicted of a crime described in
this item (2.5) more than 10 years prior to his or her
application and has not subsequently been convicted of any
other crime;
(3) have demonstrated a level of skill or knowledge
which the Board determines to be necessary in order to
operate gambling aboard a riverboat; and
(4) have met standards for the holding of an
occupational license as adopted by rules of the Board. Such
rules shall provide that any person or entity seeking an
occupational license to manage gambling operations
hereunder shall be subject to background inquiries and
further requirements similar to those required of
applicants for an owners license. Furthermore, such rules
shall provide that each such entity shall be permitted to
manage gambling operations for only one licensed owner.
(b) Each application for an occupational license shall be
on forms prescribed by the Board and shall contain all
information required by the Board. The applicant shall set
forth in the application: whether he has been issued prior
gambling related licenses; whether he has been licensed in any
other state under any other name, and, if so, such name and his
age; and whether or not a permit or license issued to him in
any other state has been suspended, restricted or revoked, and,
if so, for what period of time.
(c) Each applicant shall submit with his application, on
forms provided by the Board, 2 sets of his fingerprints. The
Board shall charge each applicant a fee set by the Department
of State Police to defray the costs associated with the search
and classification of fingerprints obtained by the Board with
respect to the applicant's application. These fees shall be
paid into the State Police Services Fund.
(d) The Board may in its discretion refuse an occupational
license to any person: (1) who is unqualified to perform the
duties required of such applicant; (2) who fails to disclose or
states falsely any information called for in the application;
(3) who has been found guilty of a violation of this Act or
whose prior gambling related license or application therefor
has been suspended, restricted, revoked or denied for just
cause in any other state; or (4) for any other just cause.
(e) The Board may suspend, revoke or restrict any
occupational licensee: (1) for violation of any provision of
this Act; (2) for violation of any of the rules and regulations
of the Board; (3) for any cause which, if known to the Board,
would have disqualified the applicant from receiving such
license; or (4) for default in the payment of any obligation or
debt due to the State of Illinois; or (5) for any other just
cause.
(f) A person who knowingly makes a false statement on an
application is guilty of a Class A misdemeanor.
(g) Any license issued pursuant to this Section shall be
valid for a period of one year from the date of issuance.
(h) Nothing in this Act shall be interpreted to prohibit a
licensed owner from entering into an agreement with a public
community college or a school approved under the Private
Business and Vocational Schools Act of 2012 for the training of
any occupational licensee. Any training offered by such a
school shall be in accordance with a written agreement between
the licensed owner and the school.
(i) Any training provided for occupational licensees may be
conducted either on the riverboat or at a school with which a
licensed owner has entered into an agreement pursuant to
subsection (h).
(Source: P.A. 96-1392, eff. 1-1-11.)
Section 515. The Illinois Public Aid Code is amended by
changing Section 11-2.1 as follows:
(305 ILCS 5/11-2.1) (from Ch. 23, par. 11-2.1)
Sec. 11-2.1. No private business and vocational school, as
defined in the Private Business and Vocational Schools Act of
2012, may solicit an applicant or recipient within a public aid
office or within 100 feet of a public aid office, for the
purpose of enrolling the applicant or recipient in a work or
training program, without the express written consent of the
Illinois Department. Any person violating this Section shall be
guilty of a Class A misdemeanor. "Public aid office" for the
purpose of this Section includes any business office of the
Department where a person may apply for or receive benefits or
services under this Code, the building in which such office is
located, and any parking area connected to such office that is
owned or leased by the State for the benefit of the Department
for use by personnel of the Department or by applicants or
recipients.
(Source: P.A. 85-1383.)
Section 520. The Children's Privacy Protection and
Parental Empowerment Act is amended by changing Section 15 as
follows:
(325 ILCS 17/15)
Sec. 15. Information brokers.
(a) For the purpose of this Act, the consent of a parent to
the sale or purchase of information concerning a child is
presumed unless the parent withdraws consent under this
Section.
A person who brokers or facilitates the sale of personal
information concerning children must, upon written request
from a parent that specifically identifies the child, provide
to the parent within 20 days of the written request procedures
that the parent must follow in order to withdraw consent to use
personal information relating to that child. The person who
brokers or facilitates the sale of personal information must
discontinue disclosing a child's personal information within
20 days after the parent has completed the procedures to
withdraw consent to use personal information relating to that
child.
(b) This Section does not apply to any of the following:
(1) Any federal, state, or local government agency or
any law enforcement agency.
(2) The National Center for Missing and Exploited
Children.
(3) Any educational institution, consortium,
organization, or professional association, including but
not limited to, public community colleges, public
universities, post-secondary educational institutions as
defined in the Private College Act, and private business
and vocational schools as defined in the Private Business
and Vocational Schools Act of 2012.
(4) Any not-for-profit entity that is exempt from the
payment of federal taxes under Section 501(c)(3) of the
Internal Revenue Code of 1986.
(Source: P.A. 93-462, eff. 1-1-04.)
Section 525. The Consumer Fraud and Deceptive Business
Practices Act is amended by adding Section 2MMM as follows:
(815 ILCS 505/2MMM new)
Sec. 2MMM. Violations of the Private Business and
Vocational Schools Act of 2012. A school subject to the Private
Business and Vocational Schools Act of 2012 commits an unlawful
practice within the meaning of this Act when it violates
subsection (k) of Section 85 of the Private Business and
Vocational Schools Act of 2012.
(105 ILCS 425/Act rep.)
Section 900. The Private Business and Vocational Schools
Act is repealed.
Section 999. Effective date. This Act takes effect February
1, 2012.
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