Full Text of SB2822 100th General Assembly
SB2822sam001 100TH GENERAL ASSEMBLY | Sen. Dan McConchie Filed: 4/20/2018
| | 10000SB2822sam001 | | LRB100 19464 AXK 38975 a |
|
| 1 | | AMENDMENT TO SENATE BILL 2822
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 2822 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Private College Act is amended by adding | 5 | | Section 1.5 as follows: | 6 | | (110 ILCS 1005/1.5 new) | 7 | | Sec. 1.5. Exemption from Act and rules; religious | 8 | | institution. | 9 | | (a) The purpose of this Section is to allow private | 10 | | religious institutions to create and provide post-secondary | 11 | | religious education, with the authority to grant degrees, | 12 | | without being burdened by secular educational regulations and | 13 | | thereby: | 14 | | (1) eliminate this State's entanglement with religious | 15 | | matter; | 16 | | (2) eliminate this State's conflict with religious |
| | | 10000SB2822sam001 | - 2 - | LRB100 19464 AXK 38975 a |
|
| 1 | | institutions' missions; | 2 | | (3) decrease expenses to this State associated with the | 3 | | enforcement of secular educational regulations; | 4 | | (4) recognize the constitutional liberty of religious | 5 | | institutions to direct religious education as they see fit; | 6 | | (5) recognize the constitutional liberty of students, | 7 | | faculty, and other persons to attend, teach at, or | 8 | | otherwise interact with religious institutions that are | 9 | | free from government oversight or control; | 10 | | (6) allow students and their families greater and more | 11 | | affordable educational options; | 12 | | (7) increase commerce in this State by attracting | 13 | | students from other states who wish to obtain religious | 14 | | education; and | 15 | | (8) increase commerce in this State by reducing the | 16 | | number of State residents who leave this State to obtain | 17 | | religious education outside of this State. | 18 | | (b) In this Section: | 19 | | "Religious education" means education in primarily | 20 | | religious subjects. The term may also include secular subjects | 21 | | so long as the education incorporates significant religious or | 22 | | faith-based instruction and is part of a comprehensive | 23 | | educational program to equip the student to integrate his or | 24 | | her religion or faith into his or her career or work. | 25 | | "Religious institution" or "institution" means any | 26 | | Illinois tax-exempt, post-secondary educational institution |
| | | 10000SB2822sam001 | - 3 - | LRB100 19464 AXK 38975 a |
|
| 1 | | dedicated, in its articles of incorporation, affidavit under | 2 | | the Religious Corporation Act, charter, or bylaws, to religious | 3 | | education and actually engaged exclusively in religious | 4 | | education. A religious institution may be independent or may | 5 | | operate under the control or supervision of or as an integrated | 6 | | part of any church, denomination, association of religious | 7 | | assemblies, or religious hierarchy. | 8 | | (c) A religious institution may file an annual application | 9 | | with the Board to become exempt from the educational | 10 | | requirements, standards, or demands under this Act and Part | 11 | | 1030 of Title 23 of the Illinois Administrative Code, and the | 12 | | Board may annually grant the exemption. The application must | 13 | | include a $1,000 application fee and all of the following: | 14 | | (1) Legal proof that the institution is a | 15 | | not-for-profit institution that is owned, controlled, | 16 | | operated, and maintained by a bona fide church or religious | 17 | | denomination and is lawfully operating as a not-for-profit | 18 | | religious corporation pursuant to Illinois law. | 19 | | (2) A requirement that the institution may not use the | 20 | | term "university" in its name, but may use the term | 21 | | "college". | 22 | | (3) A statement adopted by the institution's | 23 | | organizational body that the offered programs of study are | 24 | | limited to religion, theology, or preparation for a | 25 | | religious vocation that confers status or authority with | 26 | | the religion as ministers or clergy. |
| | | 10000SB2822sam001 | - 4 - | LRB100 19464 AXK 38975 a |
|
| 1 | | (4) A notarized copy of an affidavit stating that no | 2 | | federal or State funds are used for the institution's | 3 | | programs of study. | 4 | | (5) A requirement that the title of the degrees offered | 5 | | by the institution contain a religious modifier, such as | 6 | | Associate of Religious Studies, Bachelor of Religious | 7 | | Studies, or Master of Religious Studies. Degree titles that | 8 | | may not be used by the institution include, but are not | 9 | | limited to, Associate of Arts, Associate of Applied Arts, | 10 | | Associate of Applied Science, Associate of Science, | 11 | | Bachelor of Arts, Bachelor of Science, Bachelor of | 12 | | Education, Bachelor of Divinity, Master of Education, | 13 | | Master of Arts, Master of Science, Master of Divinity, | 14 | | Doctor of Philosophy, Doctor of Education, or Doctor of | 15 | | Divinity. | 16 | | (6) A certification by the religious institution that | 17 | | no other non-religious degrees or programs of study are | 18 | | offered at the institution. | 19 | | (7) A certification by the religious institution that | 20 | | the following statement shall be included in all | 21 | | promotional, admissions, catalog, and student enrollment | 22 | | materials and any websites or social media accounts of the | 23 | | institution: | 24 | | "[Name of entity] has received an exemption from | 25 | | the Illinois Board of Higher Education as a religious | 26 | | institution providing religious instruction only. |
| | | 10000SB2822sam001 | - 5 - | LRB100 19464 AXK 38975 a |
|
| 1 | | [Name of entity] is not accredited by a body recognized | 2 | | by the U.S. Department of Education or Council for | 3 | | Higher Education Accreditation. Any credentials | 4 | | awarded by [name of entity] are not likely to be | 5 | | recognized by authorized and accredited institutions | 6 | | of higher education, employers, and certification or | 7 | | licensing bodies. Complaints pertaining to the | 8 | | exemption may be directed to the Illinois Board of | 9 | | Higher Education at www.ibhe.org". | 10 | | (8) A certification by the religious institution that | 11 | | the following statement is prominently disclosed on all | 12 | | transcripts issued by the institution: "This institution | 13 | | is not authorized by the Illinois Board of Higher | 14 | | Education." | 15 | | (9) A certification by the religious institution that | 16 | | it shall use an enrollment agreement provided by the Board | 17 | | that discloses the conditions under this subsection (c). | 18 | | This agreement must outline the institution's process for | 19 | | addressing student complaints. Students must sign and date | 20 | | the enrollment agreement, and copies of the agreement must | 21 | | be kept with the institution's academic records. | 22 | | (10) A requirement that all students sign and date an | 23 | | affidavit stating that the student is not using federal or | 24 | | State educational loan funds to pay for the program of | 25 | | study offered by the institution. | 26 | | (d) In the event that this Section conflicts with any other |
| | | 10000SB2822sam001 | - 6 - | LRB100 19464 AXK 38975 a |
|
| 1 | | provisions of this Act or of Part 1030 of Title 23 of the | 2 | | Illinois Administrative Code, this Section shall supersede the | 3 | | other provisions. | 4 | | Section 10. The Academic Degree Act is amended by changing | 5 | | Section 11 and by adding Section 11.5 as follows:
| 6 | | (110 ILCS 1010/11) (from Ch. 144, par. 241)
| 7 | | Sec. 11. Exemptions for nursing school and job training | 8 | | programs . This Act shall not apply to any school or
educational | 9 | | institution regulated or approved under the Nurse Practice Act.
| 10 | | This Act shall not apply to any of the following:
| 11 | | (a) in-training programs by corporations or other business | 12 | | organizations
for the training of their personnel;
| 13 | | (b) education or other improvement programs by business, | 14 | | trade and
similar organizations and associations for the | 15 | | benefit of their members
only; or
| 16 | | (c) apprentice or other training programs by labor unions.
| 17 | | (Source: P.A. 95-639, eff. 10-5-07.)
| 18 | | (110 ILCS 1010/11.5 new) | 19 | | Sec. 11.5. Exemption for religious institution. | 20 | | (a) The purpose of this Section is to allow private | 21 | | religious institutions to create and provide post-secondary | 22 | | religious education, with the authority to grant degrees, | 23 | | without being burdened by secular educational regulations and |
| | | 10000SB2822sam001 | - 7 - | LRB100 19464 AXK 38975 a |
|
| 1 | | thereby: | 2 | | (1) eliminate this State's entanglement with religious | 3 | | matter; | 4 | | (2) eliminate this State's conflict with religious | 5 | | institutions' missions; | 6 | | (3) decrease expenses to this State associated with the | 7 | | enforcement of secular educational regulations; | 8 | | (4) recognize the constitutional liberty of religious | 9 | | institutions to direct religious education as they see fit; | 10 | | (5) recognize the constitutional liberty of students, | 11 | | faculty, and other persons to attend, teach at, or | 12 | | otherwise interact with religious institutions that are | 13 | | free from government oversight or control; | 14 | | (6) allow students and their families greater and more | 15 | | affordable educational options; | 16 | | (7) increase commerce in this State by attracting | 17 | | students from other states who wish to obtain religious | 18 | | education; and | 19 | | (8) increase commerce in this State by reducing the | 20 | | number of State residents who leave this State to obtain | 21 | | religious education outside of this State. | 22 | | (b) In this Section: | 23 | | "Religious education" means education in primarily | 24 | | religious subjects. The term may also include secular subjects | 25 | | so long as the education incorporates significant religious or | 26 | | faith-based instruction and is part of a comprehensive |
| | | 10000SB2822sam001 | - 8 - | LRB100 19464 AXK 38975 a |
|
| 1 | | educational program to equip the student to integrate his or | 2 | | her religion or faith into his or her career or work. | 3 | | "Religious institution" or "institution" means any | 4 | | Illinois tax-exempt, post-secondary educational institution | 5 | | dedicated, in its articles of incorporation, affidavit under | 6 | | the Religious Corporation Act, charter, or bylaws, to religious | 7 | | education and actually engaged exclusively in religious | 8 | | education. A religious institution may be independent or may | 9 | | operate under the control or supervision of or as an integrated | 10 | | part of any church, denomination, association of religious | 11 | | assemblies, or religious hierarchy. | 12 | | (c) A religious institution may file an annual application | 13 | | with the Board to become exempt from the educational | 14 | | requirements, standards, or demands under this Act and Part | 15 | | 1030 of Title 23 of the Illinois Administrative Code, and the | 16 | | Board may annually grant the exemption. The application must | 17 | | include a $1,000 application fee and all of the following: | 18 | | (1) Legal proof that the institution is a | 19 | | not-for-profit institution that is owned, controlled, | 20 | | operated, and maintained by a bona fide church or religious | 21 | | denomination and is lawfully operating as a not-for-profit | 22 | | religious corporation pursuant to Illinois law. | 23 | | (2) A requirement that the institution may not use the | 24 | | term "university" in its name, but may use the term | 25 | | "college". | 26 | | (3) A statement adopted by the institution's |
| | | 10000SB2822sam001 | - 9 - | LRB100 19464 AXK 38975 a |
|
| 1 | | organizational body that the offered programs of study are | 2 | | limited to religion, theology, or preparation for a | 3 | | religious vocation that confers status or authority with | 4 | | the religion as ministers or clergy. | 5 | | (4) A notarized copy of an affidavit stating that no | 6 | | federal or State funds are used for the institution's | 7 | | programs of study. | 8 | | (5) A requirement that the title of the degrees offered | 9 | | by the institution contain a religious modifier, such as | 10 | | Associate of Religious Studies, Bachelor of Religious | 11 | | Studies, or Master of Religious Studies. Degree titles that | 12 | | may not be used by the institution include, but are not | 13 | | limited to, Associate of Arts, Associate of Applied Arts, | 14 | | Associate of Applied Science, Associate of Science, | 15 | | Bachelor of Arts, Bachelor of Science, Bachelor of | 16 | | Education, Bachelor of Divinity, Master of Education, | 17 | | Master of Arts, Master of Science, Master of Divinity, | 18 | | Doctor of Philosophy, Doctor of Education, or Doctor of | 19 | | Divinity. | 20 | | (6) A certification by the religious institution that | 21 | | no other non-religious degrees or programs of study are | 22 | | offered at the institution. | 23 | | (7) A certification by the religious institution that | 24 | | the following statement shall be included in all | 25 | | promotional, admissions, catalog, and student enrollment | 26 | | materials and any websites or social media accounts of the |
| | | 10000SB2822sam001 | - 10 - | LRB100 19464 AXK 38975 a |
|
| 1 | | institution: | 2 | | "[Name of entity] has received an exemption from | 3 | | the Illinois Board of Higher Education as a religious | 4 | | institution providing religious instruction only. | 5 | | [Name of entity] is not accredited by a body recognized | 6 | | by the U.S. Department of Education or Council for | 7 | | Higher Education Accreditation. Any credentials | 8 | | awarded by [name of entity] are not likely to be | 9 | | recognized by authorized and accredited institutions | 10 | | of higher education, employers, and certification or | 11 | | licensing bodies. Complaints pertaining to the | 12 | | exemption may be directed to the Illinois Board of | 13 | | Higher Education at www.ibhe.org". | 14 | | (8) A certification by the religious institution that | 15 | | the following statement is prominently disclosed on all | 16 | | transcripts issued by the institution: "This institution | 17 | | is not authorized by the Illinois Board of Higher | 18 | | Education." | 19 | | (9) A certification by the religious institution that | 20 | | it shall use an enrollment agreement provided by the Board | 21 | | that discloses the conditions under this subsection (c). | 22 | | This agreement must outline the institution's process for | 23 | | addressing student complaints. Students must sign and date | 24 | | the enrollment agreement, and copies of the agreement must | 25 | | be kept with the institution's academic records. | 26 | | (10) A requirement that all students sign and date an |
| | | 10000SB2822sam001 | - 11 - | LRB100 19464 AXK 38975 a |
|
| 1 | | affidavit stating that the student is not using federal or | 2 | | State educational loan funds to pay for the program of | 3 | | study offered by the institution. | 4 | | (d) In the event that this Section conflicts with any other | 5 | | provisions of this Act or of Part 1030 of Title 23 of the | 6 | | Illinois Administrative Code, this Section shall supersede the | 7 | | other provisions. ".
|
|