SB2822 100TH GENERAL ASSEMBLY

LRB100 19464 AXK 34730 b

100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
SB2822

Introduced 2/13/2018, by Sen. Dan McConchie

SYNOPSIS AS INTRODUCED:

105 ILCS 426/15
105 ILCS 426/20
105 ILCS 426/30
110 ILCS 1005/1.5 new
110 ILCS 1010/11	from Ch. 144, par. 241

Amends the Private Business and Vocational Schools Act of 2012, the Private College Act, and the Academic Degree Act. Defines "religious institution" in these Acts. Provides that any religious institution (instead of any institution devoted entirely to the teaching of religion or theology) shall not be considered to be a private business and vocational school; makes related changes. Provides that no religious institution shall be subject to the educational requirements, standards, or demands contained in the Private College Act or the Academic Degree Act or in those Acts' administrative rules, and requires a religious institution to notify each of its students in writing that the religious degree being earned or course work earned at a religious, non-accredited, post-secondary educational institution may not transfer to other institutions.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning education.

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 Sections 15, 20, and 30 as follows:

(105 ILCS 426/15)

Sec. 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 offered by a religious institution 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.

"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" means any private 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.

In the event that the changes made to this Section by this amendatory Act of the 100th General Assembly conflict with any other provisions of this Act, the changes shall supersede the other provisions.

(Source: P.A. 97-650, eff. 2-1-12.)

(105 ILCS 426/20)

Sec. 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 offered by a religious institution 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.

In the event that the changes made to this Section by this amendatory Act of the 100th General Assembly conflict with any other provisions of this Act, the changes shall supersede the other provisions.

(Source: P.A. 97-650, eff. 2-1-12.)

(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 religious 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.

(7) A school or program within a school that exclusively provides yoga instruction, yoga teacher training, or both.

In the event that the changes made to this Section by this amendatory Act of the 100th General Assembly conflict with any other provisions of this Act, the changes shall supersede the other provisions.

(Source: P.A. 99-705, eff. 1-1-17.)

Section 10. 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" means any private 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) No religious institution is subject to the educational requirements, standards, or demands contained in this Act. No religious institution is subject to the educational requirements, standards, or demands contained in Part 1030 of Title 23 of the Illinois Administrative Code. A religious institution must notify each of its students in writing that the religious degree being earned or course work earned at a religious, non-accredited, post-secondary educational institution may not transfer to other institutions.

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

Section 15. The Academic Degree Act is amended by changing Section 11 as follows:

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

Sec. 11. Exemptions.

(a) This Act shall not apply to any school or educational institution regulated or approved under the Nurse Practice Act.

(b) This Act shall not apply to any of the following:

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

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

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

(c) The purpose of this subsection (c) 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.

In this subsection (c):

"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" means any private 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.

No religious institution is subject to the educational requirements, standards, or demands contained in this Act. No religious institution is subject to the educational requirements, standards, or demands contained in Part 1030 of Title 23 of the Illinois Administrative Code. A religious institution must notify each of its students in writing that the religious degree being earned or course work earned at a religious, non-accredited, post-secondary educational institution may not transfer to other institutions.

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

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