SB2141 102ND GENERAL ASSEMBLY

LRB102 14535 CMG 19888 b

102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
SB2141

Introduced 2/26/2021, by Sen. Dan McConchie

SYNOPSIS AS INTRODUCED:

110 ILCS 1005/1.5 new
110 ILCS 1010/11	from Ch. 144, par. 241
110 ILCS 1010/11.5 new

Amends the Private College Act and the Academic Degree Act. Exempts a religious institution from the Board of Higher Education's educational requirements, standards, or demands under the Acts and Part 1030 of Title 23 of the Illinois Administrative Code if the religious institution meets certain conditions.

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 College Act is amended by adding Section 1.5 as follows:

(110 ILCS 1005/1.5 new)

Sec. 1.5. Exemption; 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) recognize the constitutional liberty of religious institutions to direct religious education as they see fit; and

(4) 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.

(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 a 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) To be exempt from the Board's educational requirements, standards, or demands under this Act and Part 1030 of Title 23 of the Illinois Administrative Code, the religious institution must meet all of the following conditions:

(1) The religious 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 State law.

(2) Promotional materials and websites must contain a statement that 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.

(3) An affidavit must be published stating that no federal or State funds are used for the institution's programs of study.

(4) The title of the degrees offered by the institution must 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, Master of Education, Master of Arts, Master of Science, Doctor of Philosophy, or Doctor of Education.

(5) Promotional materials and the student enrollment form must contain the following statement:

[Name of entity] is exempt from the Illinois Board of Higher Education as a religious institution providing religious instruction only. Any credentials awarded by [name of entity] may not be recognized by other 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.

(6) All students are prohibited from using federal or State educational loan funds to pay for the program of study offered by the institution.

(d) If this Section conflicts with any other provisions of this Act or Part 1030 of Title 23 of the Illinois Administrative Code, then 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) recognize the constitutional liberty of religious institutions to direct religious education as they see fit; and

(4) 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.

(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 a 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) To be exempt from the Board's educational requirements, standards, or demands under this Act and Part 1030 of Title 23 of the Illinois Administrative Code, the religious institution must meet all of the following conditions:

(1) The religious 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 State law.

(2) Promotional materials and websites must contain a statement that 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.

(3) An affidavit must be published stating that no federal or State funds are used for the institution's programs of study.

(4) The title of the degrees offered by the institution must 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, Master of Education, Master of Arts, Master of Science, Doctor of Philosophy, or Doctor of Education.

(5) Promotional materials and the student enrollment form must contain the following statement:

[Name of entity] is exempt from the Illinois Board of Higher Education as a religious institution providing religious instruction only. Any credentials awarded by [name of entity] may not be recognized by other 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.

(6) All students are prohibited from using federal or State educational loan funds to pay for the program of study offered by the institution.

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