HB4264 - 104th General Assembly
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| 1 | AN ACT concerning education. | |||||||||||||||||||
| 2 | Be it enacted by the People of the State of Illinois, | |||||||||||||||||||
| 3 | represented in the General Assembly: | |||||||||||||||||||
| 4 | Section 5. The Private Business and Vocational Schools Act | |||||||||||||||||||
| 5 | of 2012 is amended by changing Section 30 as follows: | |||||||||||||||||||
| 6 | (105 ILCS 426/30) | |||||||||||||||||||
| 7 | Sec. 30. Exemptions. For purposes of this Act, the | |||||||||||||||||||
| 8 | following shall not be considered to be a private business and | |||||||||||||||||||
| 9 | vocational school: | |||||||||||||||||||
| 10 | (1) Any institution devoted entirely to the teaching | |||||||||||||||||||
| 11 | of religion or theology. | |||||||||||||||||||
| 12 | (2) Any in-service program of study and subject | |||||||||||||||||||
| 13 | offered by an employer, provided that no tuition is | |||||||||||||||||||
| 14 | charged and the instruction is offered only to employees | |||||||||||||||||||
| 15 | of the employer. | |||||||||||||||||||
| 16 | (3) Any educational institution that (A) enrolls a | |||||||||||||||||||
| 17 | majority of its students in degree programs and has | |||||||||||||||||||
| 18 | maintained an accredited status with a regional | |||||||||||||||||||
| 19 | accrediting agency that is recognized by the U.S. | |||||||||||||||||||
| 20 | Department of Education or (B) enrolls students in one or | |||||||||||||||||||
| 21 | more bachelor-level programs, enrolls a majority of its | |||||||||||||||||||
| 22 | students in degree programs, and is accredited by a | |||||||||||||||||||
| 23 | national or regional accrediting agency that is recognized | |||||||||||||||||||
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| 1 | by the U.S. Department of Education or that (i) is | ||||||
| 2 | regulated by the Board under the Private College Act or | ||||||
| 3 | the Academic Degree Act or is exempt from such regulation | ||||||
| 4 | under either the Private College Act or the Academic | ||||||
| 5 | Degree Act solely for the reason that the educational | ||||||
| 6 | institution was in operation on the effective date of | ||||||
| 7 | either the Private College Act or the Academic Degree Act | ||||||
| 8 | or (ii) is regulated by the State Board of Education. | ||||||
| 9 | (4) Any institution and the franchisees of that | ||||||
| 10 | institution that exclusively offer a program of study in | ||||||
| 11 | income tax theory or return preparation at a total | ||||||
| 12 | contract price of no more than $400, provided that the | ||||||
| 13 | total annual enrollment of the institution for all such | ||||||
| 14 | courses of instruction exceeds 500 students and further | ||||||
| 15 | provided that the total contract price for all instruction | ||||||
| 16 | offered to a student in any one calendar year does not | ||||||
| 17 | exceed $3,000. | ||||||
| 18 | (5) Any person or organization selling mediated | ||||||
| 19 | instruction products through a media, such as tapes, | ||||||
| 20 | compact discs, digital video discs, or similar media, so | ||||||
| 21 | long as the instruction is not intended to result in the | ||||||
| 22 | acquisition of training for a specific employment field, | ||||||
| 23 | is not intended to meet a qualification for licensure or | ||||||
| 24 | certification in an employment field, or is not intended | ||||||
| 25 | to provide credit that can be applied toward a certificate | ||||||
| 26 | or degree program. | ||||||
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| 1 | (6) Schools with no physical presence in this State. | ||||||
| 2 | Schools offering instruction or programs of study, but | ||||||
| 3 | that have no physical presence in this State, are not | ||||||
| 4 | required to receive Board approval. Such an institution | ||||||
| 5 | must not be considered not to have a physical presence in | ||||||
| 6 | this State unless it has received a written finding from | ||||||
| 7 | the Board that it has no physical presence. In determining | ||||||
| 8 | whether an institution has no physical presence, the Board | ||||||
| 9 | shall require all of the following: | ||||||
| 10 | (A) Evidence of authorization to operate in at | ||||||
| 11 | least one other state and that the school is in good | ||||||
| 12 | standing with that state's authorizing agency. | ||||||
| 13 | (B) Evidence that the school has a means of | ||||||
| 14 | receiving and addressing student complaints in | ||||||
| 15 | compliance with any federal or state requirements. | ||||||
| 16 | (C) Evidence that the institution is providing no | ||||||
| 17 | instruction in this State. | ||||||
| 18 | (D) Evidence that the institution is not providing | ||||||
| 19 | core academic support services, including, but not | ||||||
| 20 | limited to, admissions, evaluation, assessment, | ||||||
| 21 | registration, financial aid, academic scheduling, and | ||||||
| 22 | faculty hiring and support in this State. | ||||||
| 23 | (7) A school or program within a school that | ||||||
| 24 | exclusively provides yoga instruction, yoga teacher | ||||||
| 25 | training, or both. | ||||||
| 26 | (8) Organizations that receive funding from the | ||||||
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| 1 | Department of Commerce and Economic Opportunity for | ||||||
| 2 | workforce development preparation programs as provided for | ||||||
| 3 | in the Energy Transition Act and the Illinois Works Jobs | ||||||
| 4 | Program Act in which participants are not charged tuition. | ||||||
| 5 | This paragraph does not include public institutions of | ||||||
| 6 | higher education or private institutions of higher | ||||||
| 7 | education, as defined in the Board of Higher Education | ||||||
| 8 | Act, or community colleges, as defined in the Public | ||||||
| 9 | Community College Act. For purposes of this paragraph, the | ||||||
| 10 | Department of Commerce and Economic Opportunity shall | ||||||
| 11 | provide the Board of Higher Education a complete list of | ||||||
| 12 | all qualifying organizations under this paragraph on July | ||||||
| 13 | 1 of each year. | ||||||
| 14 | (9) Labor organizations, as defined in Section 10 of | ||||||
| 15 | the Collective Bargaining Freedom Act, that sponsor a | ||||||
| 16 | United States Department of Labor registered | ||||||
| 17 | apprenticeship program. | ||||||
| 18 | (10) An educational institution that offers | ||||||
| 19 | instruction or programs of study for which the participant | ||||||
| 20 | or student is not charged any tuition or fees other than a | ||||||
| 21 | nominal fee to cover the costs of books, tools, and | ||||||
| 22 | similar materials. For the purposes of this paragraph, | ||||||
| 23 | "tuition" does not include donations, grants, or other | ||||||
| 24 | sources of funding paid to the educational institution by | ||||||
| 25 | a third party to support the instruction or program of | ||||||
| 26 | study. | ||||||
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| 1 | (Source: P.A. 102-1046, eff. 6-7-22; 103-595, eff. 6-26-24.) | ||||||
