101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
SB2150

 

Introduced 2/15/2019, 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. Provides that a religious institution may file an annual application with the Board of Higher Education to become exempt from the educational requirements, standards, or demands under the Acts or those Acts' administrative rules and the Board may annually grant the exemption; defines "religious institution". Specifies application requirements.


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

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1    AN ACT concerning education.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Private College Act is amended by adding
5Section 1.5 as follows:
 
6    (110 ILCS 1005/1.5 new)
7    Sec. 1.5. Exemption from Act and rules; religious
8institution.
9    (a) The purpose of this Section is to allow private
10religious institutions to create and provide post-secondary
11religious education, with the authority to grant degrees,
12without being burdened by secular educational regulations and
13thereby:
14        (1) eliminate this State's entanglement with religious
15    matter;
16        (2) eliminate this State's conflict with religious
17    institutions' missions;
18        (3) decrease expenses to this State associated with the
19    enforcement of secular educational regulations;
20        (4) recognize the constitutional liberty of religious
21    institutions to direct religious education as they see fit;
22        (5) recognize the constitutional liberty of students,
23    faculty, and other persons to attend, teach at, or

 

 

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1    otherwise interact with religious institutions that are
2    free from government oversight or control;
3        (6) allow students and their families greater and more
4    affordable educational options;
5        (7) increase commerce in this State by attracting
6    students from other states who wish to obtain religious
7    education; and
8        (8) increase commerce in this State by reducing the
9    number of State residents who leave this State to obtain
10    religious education outside of this State.
11    (b) In this Section:
12    "Religious education" means education in primarily
13religious subjects. The term may also include secular subjects
14so long as the education incorporates significant religious or
15faith-based instruction and is part of a comprehensive
16educational program to equip the student to integrate his or
17her religion or faith into his or her career or work.
18    "Religious institution" or "institution" means any
19Illinois tax-exempt, post-secondary educational institution
20dedicated, in its articles of incorporation, affidavit under
21the Religious Corporation Act, charter, or bylaws, to religious
22education and actually engaged exclusively in religious
23education. A religious institution may be independent or may
24operate under the control or supervision of or as an integrated
25part of any church, denomination, association of religious
26assemblies, or religious hierarchy.

 

 

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1    (c) A religious institution may file an annual application
2with the Board to become exempt from the educational
3requirements, standards, or demands under this Act and Part
41030 of Title 23 of the Illinois Administrative Code, and the
5Board may annually grant the exemption. The application must
6include a $1,000 application fee and all of the following:
7        (1) Legal proof that the institution is a
8    not-for-profit institution that is owned, controlled,
9    operated, and maintained by a bona fide church or religious
10    denomination and is lawfully operating as a not-for-profit
11    religious corporation pursuant to Illinois law.
12        (2) A requirement that the institution may not use the
13    term "university" in its name, but may use the term
14    "college".
15        (3) A statement adopted by the institution's
16    organizational body that the offered programs of study are
17    limited to religion, theology, or preparation for a
18    religious vocation that confers status or authority with
19    the religion as ministers or clergy.
20        (4) A notarized copy of an affidavit stating that no
21    federal or State funds are used for the institution's
22    programs of study.
23        (5) A requirement that the title of the degrees offered
24    by the institution contain a religious modifier, such as
25    Associate of Religious Studies, Bachelor of Religious
26    Studies, or Master of Religious Studies. Degree titles that

 

 

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1    may not be used by the institution include, but are not
2    limited to, Associate of Arts, Associate of Applied Arts,
3    Associate of Applied Science, Associate of Science,
4    Bachelor of Arts, Bachelor of Science, Bachelor of
5    Education, Bachelor of Divinity, Master of Education,
6    Master of Arts, Master of Science, Master of Divinity,
7    Doctor of Philosophy, Doctor of Education, or Doctor of
8    Divinity.
9        (6) A certification by the religious institution that
10    no other non-religious degrees or programs of study are
11    offered at the institution.
12        (7) A certification by the religious institution that
13    the following statement shall be included in all
14    promotional, admissions, catalog, and student enrollment
15    materials and any websites or social media accounts of the
16    institution:
17            "[Name of entity] has received an exemption from
18        the Illinois Board of Higher Education as a religious
19        institution providing religious instruction only.
20        [Name of entity] is not accredited by a body recognized
21        by the U.S. Department of Education or Council for
22        Higher Education Accreditation. Any credentials
23        awarded by [name of entity] are not likely to be
24        recognized by authorized and accredited institutions
25        of higher education, employers, and certification or
26        licensing bodies. Complaints pertaining to the

 

 

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1        exemption may be directed to the Illinois Board of
2        Higher Education at www.ibhe.org".
3        (8) A certification by the religious institution that
4    the following statement is prominently disclosed on all
5    transcripts issued by the institution: "This institution
6    is not authorized by the Illinois Board of Higher
7    Education."
8        (9) A certification by the religious institution that
9    it shall use an enrollment agreement provided by the Board
10    that discloses the conditions under this subsection (c).
11    This agreement must outline the institution's process for
12    addressing student complaints. Students must sign and date
13    the enrollment agreement, and copies of the agreement must
14    be kept with the institution's academic records.
15        (10) A requirement that all students sign and date an
16    affidavit stating that the student is not using federal or
17    State educational loan funds to pay for the program of
18    study offered by the institution.
19    (d) If this Section conflicts with any other provisions of
20this Act or of Part 1030 of Title 23 of the Illinois
21Administrative Code, this Section shall supersede the other
22provisions.
 
23    Section 10. The Academic Degree Act is amended by changing
24Section 11 and by adding Section 11.5 as follows:
 

 

 

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1    (110 ILCS 1010/11)  (from Ch. 144, par. 241)
2    Sec. 11. Exemptions for nursing school and job training
3programs. This Act shall not apply to any school or educational
4institution regulated or approved under the Nurse Practice Act.
5    This Act shall not apply to any of the following:
6    (a) in-training programs by corporations or other business
7organizations for the training of their personnel;
8    (b) education or other improvement programs by business,
9trade and similar organizations and associations for the
10benefit of their members only; or
11    (c) apprentice or other training programs by labor unions.
12(Source: P.A. 95-639, eff. 10-5-07.)
 
13    (110 ILCS 1010/11.5 new)
14    Sec. 11.5. Exemption for religious institution.
15    (a) The purpose of this Section is to allow private
16religious institutions to create and provide post-secondary
17religious education, with the authority to grant degrees,
18without being burdened by secular educational regulations and
19thereby:
20        (1) eliminate this State's entanglement with religious
21    matter;
22        (2) eliminate this State's conflict with religious
23    institutions' missions;
24        (3) decrease expenses to this State associated with the
25    enforcement of secular educational regulations;

 

 

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1        (4) recognize the constitutional liberty of religious
2    institutions to direct religious education as they see fit;
3        (5) recognize the constitutional liberty of students,
4    faculty, and other persons to attend, teach at, or
5    otherwise interact with religious institutions that are
6    free from government oversight or control;
7        (6) allow students and their families greater and more
8    affordable educational options;
9        (7) increase commerce in this State by attracting
10    students from other states who wish to obtain religious
11    education; and
12        (8) increase commerce in this State by reducing the
13    number of State residents who leave this State to obtain
14    religious education outside of this State.
15    (b) In this Section:
16    "Religious education" means education in primarily
17religious subjects. The term may also include secular subjects
18so long as the education incorporates significant religious or
19faith-based instruction and is part of a comprehensive
20educational program to equip the student to integrate his or
21her religion or faith into his or her career or work.
22    "Religious institution" or "institution" means any
23Illinois tax-exempt, post-secondary educational institution
24dedicated, in its articles of incorporation, affidavit under
25the Religious Corporation Act, charter, or bylaws, to religious
26education and actually engaged exclusively in religious

 

 

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1education. A religious institution may be independent or may
2operate under the control or supervision of or as an integrated
3part of any church, denomination, association of religious
4assemblies, or religious hierarchy.
5    (c) A religious institution may file an annual application
6with the Board to become exempt from the educational
7requirements, standards, or demands under this Act and Part
81030 of Title 23 of the Illinois Administrative Code, and the
9Board may annually grant the exemption. The application must
10include a $1,000 application fee and all of the following:
11        (1) Legal proof that the institution is a
12    not-for-profit institution that is owned, controlled,
13    operated, and maintained by a bona fide church or religious
14    denomination and is lawfully operating as a not-for-profit
15    religious corporation pursuant to Illinois law.
16        (2) A requirement that the institution may not use the
17    term "university" in its name, but may use the term
18    "college".
19        (3) A statement adopted by the institution's
20    organizational body that the offered programs of study are
21    limited to religion, theology, or preparation for a
22    religious vocation that confers status or authority with
23    the religion as ministers or clergy.
24        (4) A notarized copy of an affidavit stating that no
25    federal or State funds are used for the institution's
26    programs of study.

 

 

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1        (5) A requirement that the title of the degrees offered
2    by the institution contain a religious modifier, such as
3    Associate of Religious Studies, Bachelor of Religious
4    Studies, or Master of Religious Studies. Degree titles that
5    may not be used by the institution include, but are not
6    limited to, Associate of Arts, Associate of Applied Arts,
7    Associate of Applied Science, Associate of Science,
8    Bachelor of Arts, Bachelor of Science, Bachelor of
9    Education, Bachelor of Divinity, Master of Education,
10    Master of Arts, Master of Science, Master of Divinity,
11    Doctor of Philosophy, Doctor of Education, or Doctor of
12    Divinity.
13        (6) A certification by the religious institution that
14    no other non-religious degrees or programs of study are
15    offered at the institution.
16        (7) A certification by the religious institution that
17    the following statement shall be included in all
18    promotional, admissions, catalog, and student enrollment
19    materials and any websites or social media accounts of the
20    institution:
21            "[Name of entity] has received an exemption from
22        the Illinois Board of Higher Education as a religious
23        institution providing religious instruction only.
24        [Name of entity] is not accredited by a body recognized
25        by the U.S. Department of Education or Council for
26        Higher Education Accreditation. Any credentials

 

 

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1        awarded by [name of entity] are not likely to be
2        recognized by authorized and accredited institutions
3        of higher education, employers, and certification or
4        licensing bodies. Complaints pertaining to the
5        exemption may be directed to the Illinois Board of
6        Higher Education at www.ibhe.org".
7        (8) A certification by the religious institution that
8    the following statement is prominently disclosed on all
9    transcripts issued by the institution: "This institution
10    is not authorized by the Illinois Board of Higher
11    Education."
12        (9) A certification by the religious institution that
13    it shall use an enrollment agreement provided by the Board
14    that discloses the conditions under this subsection (c).
15    This agreement must outline the institution's process for
16    addressing student complaints. Students must sign and date
17    the enrollment agreement, and copies of the agreement must
18    be kept with the institution's academic records.
19        (10) A requirement that all students sign and date an
20    affidavit stating that the student is not using federal or
21    State educational loan funds to pay for the program of
22    study offered by the institution.
23    (d) If this Section conflicts with any other provisions of
24this Act or of Part 1030 of Title 23 of the Illinois
25Administrative Code, this Section shall supersede the other
26provisions.