SB2822sam001 100TH GENERAL ASSEMBLY

Sen. Dan McConchie

Filed: 4/20/2018

10000SB2822sam001 LRB100 19464 AXK 38975 a

AMENDMENT TO SENATE BILL 2822

AMENDMENT NO. ______. Amend Senate Bill 2822 by replacing everything after the enacting clause with the following:

"Section 5. The Private College Act is amended by adding Section 1.5 as follows:

(110 ILCS 1005/1.5 new)

Sec. 1.5. Exemption from Act and rules; religious institution.

(a) The purpose of this Section is to allow private religious institutions to create and provide post-secondary religious education, with the authority to grant degrees, without being burdened by secular educational regulations and thereby:

(1) eliminate this State's entanglement with religious matter;

(2) eliminate this State's conflict with religious institutions' missions;

(3) decrease expenses to this State associated with the enforcement of secular educational regulations;

(4) recognize the constitutional liberty of religious institutions to direct religious education as they see fit;

(5) recognize the constitutional liberty of students, faculty, and other persons to attend, teach at, or otherwise interact with religious institutions that are free from government oversight or control;

(6) allow students and their families greater and more affordable educational options;

(7) increase commerce in this State by attracting students from other states who wish to obtain religious education; and

(8) increase commerce in this State by reducing the number of State residents who leave this State to obtain religious education outside of this State.

(b) In this Section:

"Religious education" means education in primarily religious subjects. The term may also include secular subjects so long as the education incorporates significant religious or faith-based instruction and is part of a comprehensive educational program to equip the student to integrate his or her religion or faith into his or her career or work.

"Religious institution" or "institution" means any Illinois tax-exempt, post-secondary educational institution dedicated, in its articles of incorporation, affidavit under the Religious Corporation Act, charter, or bylaws, to religious education and actually engaged exclusively in religious education. A religious institution may be independent or may operate under the control or supervision of or as an integrated part of any church, denomination, association of religious assemblies, or religious hierarchy.

(c) A religious institution may file an annual application with the Board to become exempt from the educational requirements, standards, or demands under this Act and Part 1030 of Title 23 of the Illinois Administrative Code, and the Board may annually grant the exemption. The application must include a $1,000 application fee and all of the following:

(1) Legal proof that the institution is a not-for-profit institution that is owned, controlled, operated, and maintained by a bona fide church or religious denomination and is lawfully operating as a not-for-profit religious corporation pursuant to Illinois law.

(2) A requirement that the institution may not use the term "university" in its name, but may use the term "college".

(3) A statement adopted by the institution's organizational body that the offered programs of study are limited to religion, theology, or preparation for a religious vocation that confers status or authority with the religion as ministers or clergy.

(4) A notarized copy of an affidavit stating that no federal or State funds are used for the institution's programs of study.

(5) A requirement that the title of the degrees offered by the institution contain a religious modifier, such as Associate of Religious Studies, Bachelor of Religious Studies, or Master of Religious Studies. Degree titles that may not be used by the institution include, but are not limited to, Associate of Arts, Associate of Applied Arts, Associate of Applied Science, Associate of Science, Bachelor of Arts, Bachelor of Science, Bachelor of Education, Bachelor of Divinity, Master of Education, Master of Arts, Master of Science, Master of Divinity, Doctor of Philosophy, Doctor of Education, or Doctor of Divinity.

(6) A certification by the religious institution that no other non-religious degrees or programs of study are offered at the institution.

(7) A certification by the religious institution that the following statement shall be included in all promotional, admissions, catalog, and student enrollment materials and any websites or social media accounts of the institution:

"[Name of entity] has received an exemption from the Illinois Board of Higher Education as a religious institution providing religious instruction only. [Name of entity] is not accredited by a body recognized by the U.S. Department of Education or Council for Higher Education Accreditation. Any credentials awarded by [name of entity] are not likely to be recognized by authorized and accredited institutions of higher education, employers, and certification or licensing bodies. Complaints pertaining to the exemption may be directed to the Illinois Board of Higher Education at www.ibhe.org".

(8) A certification by the religious institution that the following statement is prominently disclosed on all transcripts issued by the institution: "This institution is not authorized by the Illinois Board of Higher Education."

(9) A certification by the religious institution that it shall use an enrollment agreement provided by the Board that discloses the conditions under this subsection (c). This agreement must outline the institution's process for addressing student complaints. Students must sign and date the enrollment agreement, and copies of the agreement must be kept with the institution's academic records.

(10) A requirement that all students sign and date an affidavit stating that the student is not using federal or State educational loan funds to pay for the program of study offered by the institution.

(d) In the event that this Section conflicts with any other provisions of this Act or of Part 1030 of Title 23 of the Illinois Administrative Code, this Section shall supersede the other provisions.

Section 10. The Academic Degree Act is amended by changing Section 11 and by adding Section 11.5 as follows:

(110 ILCS 1010/11) (from Ch. 144, par. 241)

Sec. 11. Exemptions for nursing school and job training programs. This Act shall not apply to any school or educational institution regulated or approved under the Nurse Practice Act.

This Act shall not apply to any of the following:

(a) in-training programs by corporations or other business organizations for the training of their personnel;

(b) education or other improvement programs by business, trade and similar organizations and associations for the benefit of their members only; or

(c) apprentice or other training programs by labor unions.

(Source: P.A. 95-639, eff. 10-5-07.)

(110 ILCS 1010/11.5 new)

Sec. 11.5. Exemption for religious institution.

(a) The purpose of this Section is to allow private religious institutions to create and provide post-secondary religious education, with the authority to grant degrees, without being burdened by secular educational regulations and thereby:

(1) eliminate this State's entanglement with religious matter;

(2) eliminate this State's conflict with religious institutions' missions;

(3) decrease expenses to this State associated with the enforcement of secular educational regulations;

(4) recognize the constitutional liberty of religious institutions to direct religious education as they see fit;

(5) recognize the constitutional liberty of students, faculty, and other persons to attend, teach at, or otherwise interact with religious institutions that are free from government oversight or control;

(6) allow students and their families greater and more affordable educational options;

(7) increase commerce in this State by attracting students from other states who wish to obtain religious education; and

(8) increase commerce in this State by reducing the number of State residents who leave this State to obtain religious education outside of this State.

(b) In this Section:

"Religious education" means education in primarily religious subjects. The term may also include secular subjects so long as the education incorporates significant religious or faith-based instruction and is part of a comprehensive educational program to equip the student to integrate his or her religion or faith into his or her career or work.

"Religious institution" or "institution" means any Illinois tax-exempt, post-secondary educational institution dedicated, in its articles of incorporation, affidavit under the Religious Corporation Act, charter, or bylaws, to religious education and actually engaged exclusively in religious education. A religious institution may be independent or may operate under the control or supervision of or as an integrated part of any church, denomination, association of religious assemblies, or religious hierarchy.

(c) A religious institution may file an annual application with the Board to become exempt from the educational requirements, standards, or demands under this Act and Part 1030 of Title 23 of the Illinois Administrative Code, and the Board may annually grant the exemption. The application must include a $1,000 application fee and all of the following:

(1) Legal proof that the institution is a not-for-profit institution that is owned, controlled, operated, and maintained by a bona fide church or religious denomination and is lawfully operating as a not-for-profit religious corporation pursuant to Illinois law.

(2) A requirement that the institution may not use the term "university" in its name, but may use the term "college".

(3) A statement adopted by the institution's organizational body that the offered programs of study are limited to religion, theology, or preparation for a religious vocation that confers status or authority with the religion as ministers or clergy.

(4) A notarized copy of an affidavit stating that no federal or State funds are used for the institution's programs of study.

(5) A requirement that the title of the degrees offered by the institution contain a religious modifier, such as Associate of Religious Studies, Bachelor of Religious Studies, or Master of Religious Studies. Degree titles that may not be used by the institution include, but are not limited to, Associate of Arts, Associate of Applied Arts, Associate of Applied Science, Associate of Science, Bachelor of Arts, Bachelor of Science, Bachelor of Education, Bachelor of Divinity, Master of Education, Master of Arts, Master of Science, Master of Divinity, Doctor of Philosophy, Doctor of Education, or Doctor of Divinity.

(6) A certification by the religious institution that no other non-religious degrees or programs of study are offered at the institution.

(7) A certification by the religious institution that the following statement shall be included in all promotional, admissions, catalog, and student enrollment materials and any websites or social media accounts of the institution:

"[Name of entity] has received an exemption from the Illinois Board of Higher Education as a religious institution providing religious instruction only. [Name of entity] is not accredited by a body recognized by the U.S. Department of Education or Council for Higher Education Accreditation. Any credentials awarded by [name of entity] are not likely to be recognized by authorized and accredited institutions of higher education, employers, and certification or licensing bodies. Complaints pertaining to the exemption may be directed to the Illinois Board of Higher Education at www.ibhe.org".

(8) A certification by the religious institution that the following statement is prominently disclosed on all transcripts issued by the institution: "This institution is not authorized by the Illinois Board of Higher Education."

(9) A certification by the religious institution that it shall use an enrollment agreement provided by the Board that discloses the conditions under this subsection (c). This agreement must outline the institution's process for addressing student complaints. Students must sign and date the enrollment agreement, and copies of the agreement must be kept with the institution's academic records.

(10) A requirement that all students sign and date an affidavit stating that the student is not using federal or State educational loan funds to pay for the program of study offered by the institution.

(d) In the event that this Section conflicts with any other provisions of this Act or of Part 1030 of Title 23 of the Illinois Administrative Code, this Section shall supersede the other provisions.".