Illinois General Assembly - Full Text of SB1609
Illinois General Assembly

Previous General Assemblies

Full Text of SB1609  99th General Assembly

SB1609 99TH GENERAL ASSEMBLY

  
  

 


 
99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
SB1609

 

Introduced 2/20/2015, by Sen. Kyle McCarter

 

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.


LRB099 07641 NHT 27772 b

FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

SB1609LRB099 07641 NHT 27772 b

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 Business and Vocational Schools Act
5of 2012 is amended by changing Sections 15, 20, and 30 as
6follows:
 
7    (105 ILCS 426/15)
8    Sec. 15. Definitions. As used in this Act, unless the
9context otherwise requires:
10    "Board" means the Board of Higher Education established
11under the Board of Higher Education Act.
12    "Certificate of completion" or "certificate" means any
13designation, appellation, series of letters or words, or other
14symbol that signifies or purports to signify that the recipient
15thereof has satisfactorily completed a private business and
16vocational school's program of study that is beyond the
17secondary school level, but not a post-secondary degree program
18at the associate, baccalaureate, master's, doctoral, or
19post-baccalaureate, professional degree level.
20    "Chief managing employee" is the individual who is the head
21administrator or supervisor at a school's principal location.
22    "Educational institution" or "institution" means an
23organization that promotes business and vocational education,

 

 

SB1609- 2 -LRB099 07641 NHT 27772 b

1even though the institution's principal effort may not be
2exclusively educational in nature.
3    "Enrollment agreement" means any agreement or instrument,
4however named, that creates or evidences an obligation binding
5a student to purchase a program of study from a school.
6    "Non-degree program of study" or "program of study" means
7any designation, appellation, series of letters or words, or
8other symbol that signifies or purports to signify that the
9recipient has satisfactorily completed an organized academic
10program of study beyond the secondary school level, such as a
11certificate, but below the associate's degree level and that
12does not include any recognized degree program such as an
13associate's, baccalaureate, master's, or doctoral degree, a
14post-baccalaureate, professional degree, or a post-degree
15certificate, such as a post-baccalaureate certificate,
16post-master's certificate, or post-doctoral certificate.
17"Program of study" as used in this definition means any
18academic program beyond the secondary school level, except for
19a program offered by a religious institution that is devoted
20entirely to religion or theology, a program offered by an
21institution operating under the authority of the Private
22College Act, the Academic Degree Act, or the Board of Higher
23Education Act, or a program of study of less than one year in
24length operating under the statutory authority granted to the
25Department of Financial and Professional Regulation.
26    "Permit of approval" means a non-transferable permit,

 

 

SB1609- 3 -LRB099 07641 NHT 27772 b

1issued by and pursuant to the authority of the Board of Higher
2Education through its Division of Private Business and
3Vocational Schools to a private business and vocational school
4in the name of the school, that authorizes the school to
5solicit students and to offer and maintain one or more courses
6of instruction in compliance with the provisions of this Act
7and such standards and rules as may be adopted by the Board.
8    "Private business and vocational school" or "school" means
9an educational institution privately owned or operated by a
10person, partnership, corporation, or other entity offering
11courses of instruction for which tuition is charged, whether
12such courses of instruction are offered on site, through
13correspondence, by distance education, or by other methods, to
14prepare individuals to do any of the following:
15        (1) To follow a trade or artistic occupation.
16        (2) To pursue a manual, mechanical, technical,
17    industrial, business, commercial, office, personal service
18    (other than nursing), or other non-professional
19    occupation.
20        (3) To follow a profession, if the profession is not
21    subject to licensing or registration under any existing
22    State statute requiring the licensing or registration of
23    persons practicing such profession or if the school is not
24    subject to the regulation of the agency with such licensing
25    or registration authority.
26        (4) To improve, enhance, or add to the skills and

 

 

SB1609- 4 -LRB099 07641 NHT 27772 b

1    abilities of the individual relative to occupational
2    responsibilities or career opportunities.
3    "Religious education" means education in primarily
4religious subjects. The term may also include secular subjects
5such as business, trade, or vocational instruction so long as
6the education incorporates significant religious or
7faith-based instruction and is part of a comprehensive
8educational program to equip the student to integrate his or
9her religion or faith into his or her career or work.
10    "Religious institution" means any private postsecondary
11educational institution dedicated, in its articles of
12incorporation, charter, or bylaws, to religious education and
13actually engaged exclusively in religious education. A
14religious institution may be independent or may operate under
15the control or supervision of or as an integrated part of any
16church, denomination, association of religious assemblies, or
17religious hierarchy.
18    In the event that the changes made to this Section by this
19amendatory Act of the 99th General Assembly conflict with any
20other provisions of this Act, the changes shall supersede the
21other provisions.
22(Source: P.A. 97-650, eff. 2-1-12.)
 
23    (105 ILCS 426/20)
24    Sec. 20. Permit of approval. No person or group of persons
25subject to this Act may establish and operate or be permitted

 

 

SB1609- 5 -LRB099 07641 NHT 27772 b

1to become incorporated for the purpose of operating a private
2business and vocational school without obtaining from the Board
3a permit of approval, provided that a permit of approval is not
4required for a program offered by a religious institution that
5is devoted entirely to religion or theology or a program
6offered by an institution operating under the authority of the
7Private College Act, the Academic Degree Act, or the Board of
8Higher Education Act. Application for a permit must be made to
9the Board upon forms furnished by it. Permits of approval are
10not transferable. Whenever a change of ownership of a school
11occurs, an application for a permit of approval for the school
12under the changed ownership must immediately be filed with the
13Board. Whenever an owner, partnership, or corporation operates
14a school at different locations, an application for a permit of
15approval must be filed for each location. A school must have
16approval prior to operating at a location and must make
17application to the Board for any change of location and for a
18classroom extension at a new or changed location. Each
19application required to be filed in accordance with the
20provisions of this Section must be accompanied by the required
21fee under the provisions of Sections 75 and 85 of this Act, and
22all such applications must be made on forms prepared and
23furnished by the Board. The permit of approval must be
24prominently displayed at some place on the premises of the
25school at each school location open to the inspection of all
26interested persons. The Board shall maintain, open to public

 

 

SB1609- 6 -LRB099 07641 NHT 27772 b

1inspection, a list of schools, their classroom extensions, and
2their courses of instruction approved under this Act and may
3annually publish such a list. Issuance of the permit of
4approval by the Board does not denote that the school or any
5program offered by the school is recommended, guaranteed, or
6endorsed by the Board or that the Board is responsible for the
7quality of the school or its programs, and no school may
8communicate this to be the case. No guarantee of employability
9of school graduates is made by the Board in its approval of
10programs or schools, and no school may communicate such
11information.
12    In the event that the changes made to this Section by this
13amendatory Act of the 99th General Assembly conflict with any
14other provisions of this Act, the changes shall supersede the
15other provisions.
16(Source: P.A. 97-650, eff. 2-1-12.)
 
17    (105 ILCS 426/30)
18    Sec. 30. Exemptions. For purposes of this Act, the
19following shall not be considered to be a private business and
20vocational school:
21        (1) Any religious institution devoted entirely to the
22    teaching of religion or theology.
23        (2) Any in-service program of study and subject offered
24    by an employer, provided that no tuition is charged and the
25    instruction is offered only to employees of the employer.

 

 

SB1609- 7 -LRB099 07641 NHT 27772 b

1        (3) Any educational institution that (A) enrolls a
2    majority of its students in degree programs and has
3    maintained an accredited status with a regional
4    accrediting agency that is recognized by the U.S.
5    Department of Education or (B) enrolls students in one or
6    more bachelor-level programs, enrolls a majority of its
7    students in degree programs, and is accredited by a
8    national or regional accrediting agency that is recognized
9    by the U.S. Department of Education or that (i) is
10    regulated by the Board under the Private College Act or the
11    Academic Degree Act or is exempt from such regulation under
12    either the Private College Act or the Academic Degree Act
13    solely for the reason that the educational institution was
14    in operation on the effective date of either the Private
15    College Act or the Academic Degree Act or (ii) is regulated
16    by the State Board of Education.
17        (4) Any institution and the franchisees of that
18    institution that exclusively offer a program of study in
19    income tax theory or return preparation at a total contract
20    price of no more than $400, provided that the total annual
21    enrollment of the institution for all such courses of
22    instruction exceeds 500 students and further provided that
23    the total contract price for all instruction offered to a
24    student in any one calendar year does not exceed $3,000.
25        (5) Any person or organization selling mediated
26    instruction products through a media, such as tapes,

 

 

SB1609- 8 -LRB099 07641 NHT 27772 b

1    compact discs, digital video discs, or similar media, so
2    long as the instruction is not intended to result in the
3    acquisition of training for a specific employment field, is
4    not intended to meet a qualification for licensure or
5    certification in an employment field, or is not intended to
6    provide credit that can be applied toward a certificate or
7    degree program.
8        (6) Schools with no physical presence in this State.
9    Schools offering instruction or programs of study, but that
10    have no physical presence in this State, are not required
11    to receive Board approval. Such an institution must not be
12    considered not to have a physical presence in this State
13    unless it has received a written finding from the Board
14    that it has a limited physical presence. In determining
15    whether an institution has no physical presence, the Board
16    shall require all of the following:
17            (A) Evidence of authorization to operate in at
18        least one other state and that the school is in good
19        standing with that state's authorizing agency.
20            (B) Evidence that the school has a means of
21        receiving and addressing student complaints in
22        compliance with any federal or state requirements.
23            (C) Evidence that the institution is providing no
24        instruction in this State.
25            (D) Evidence that the institution is not providing
26        core academic support services, including, but not

 

 

SB1609- 9 -LRB099 07641 NHT 27772 b

1        limited to, admissions, evaluation, assessment,
2        registration, financial aid, academic scheduling, and
3        faculty hiring and support in this State.
4    In the event that the changes made to this Section by this
5amendatory Act of the 99th General Assembly conflict with any
6other provisions of this Act, the changes shall supersede the
7other provisions.
8(Source: P.A. 97-650, eff. 2-1-12.)
 
9    Section 10. The Private College Act is amended by adding
10Section 1.5 as follows:
 
11    (110 ILCS 1005/1.5 new)
12    Sec. 1.5. Exemption from Act and rules; religious
13institution.
14    (a) The purpose of this Section is to allow private
15religious institutions to create and provide post-secondary
16religious education, with the authority to grant degrees,
17without being burdened by secular educational regulations and
18thereby:
19        (1) eliminate this State's entanglement with religious
20    matter;
21        (2) eliminate this State's conflict with religious
22    institutions' missions;
23        (3) decrease expenses to this State associated with the
24    enforcement of secular educational regulations;

 

 

SB1609- 10 -LRB099 07641 NHT 27772 b

1        (4) recognize the constitutional liberty of religious
2    institutions to direct religious education as they see fit;
3        (5) allow students and their families greater and more
4    affordable educational options;
5        (6) increase commerce in this State by attracting
6    students from other states who wish to obtain religious
7    education; and
8        (7) 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
14such as business, trade, or vocational instruction so long as
15the education incorporates significant religious or
16faith-based instruction and is part of a comprehensive
17educational program to equip the student to integrate his or
18her religion or faith into his or her career or work.
19    "Religious institution" means any private postsecondary
20educational institution dedicated, in its articles of
21incorporation, charter, or bylaws, to religious education and
22actually engaged exclusively in religious education. A
23religious institution may be independent or may operate under
24the control or supervision of or as an integrated part of any
25church, denomination, association of religious assemblies, or
26religious hierarchy.

 

 

SB1609- 11 -LRB099 07641 NHT 27772 b

1    (c) No religious institution is subject to the educational
2requirements, standards, or demands contained in this Act. No
3religious institution is subject to the educational
4requirements, standards, or demands contained in Part 1030 of
5Title 23 of the Illinois Administrative Code.
6    (d) In the event that this Section conflicts with any other
7provisions of this Act or of Part 1030 of Title 23 the Illinois
8Administrative Code, this Section shall supersede the other
9provisions.
 
10    Section 15. The Academic Degree Act is amended by changing
11Section 11 as follows:
 
12    (110 ILCS 1010/11)  (from Ch. 144, par. 241)
13    Sec. 11. Exemptions.
14    (a) This Act shall not apply to any school or educational
15institution regulated or approved under the Nurse Practice Act.
16    (b) This Act shall not apply to any of the following:
17        (1) (a) in-training programs by corporations or other
18    business organizations for the training of their
19    personnel;
20        (2) (b) education or other improvement programs by
21    business, trade and similar organizations and associations
22    for the benefit of their members only; or
23        (3) (c) apprentice or other training programs by labor
24    unions.

 

 

SB1609- 12 -LRB099 07641 NHT 27772 b

1    (c) The purpose of this subsection (c) is to allow private
2religious institutions to create and provide post-secondary
3religious education, with the authority to grant degrees,
4without being burdened by secular educational regulations and
5thereby:
6        (1) eliminate this State's entanglement with religious
7    matter;
8        (2) eliminate this State's conflict with religious
9    institutions' missions;
10        (3) decrease expenses to this State associated with the
11    enforcement of secular educational regulations;
12        (4) recognize the constitutional liberty of religious
13    institutions to direct religious education as they see fit;
14        (5) allow students and their families greater and more
15    affordable educational options;
16        (6) increase commerce in this State by attracting
17    students from other states who wish to obtain religious
18    education; and
19        (7) 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    In this subsection (c):
23    "Religious education" means education in primarily
24religious subjects. The term may also include secular subjects
25such as business, trade, or vocational instruction so long as
26the education incorporates significant religious or

 

 

SB1609- 13 -LRB099 07641 NHT 27772 b

1faith-based instruction and is part of a comprehensive
2educational program to equip the student to integrate his or
3her religion or faith into his or her career or work.
4    "Religious institution" means any private postsecondary
5educational institution dedicated, in its articles of
6incorporation, charter, or bylaws, to religious education and
7actually engaged exclusively in religious education. A
8religious institution may be independent or may operate under
9the control or supervision of or as an integrated part of any
10church, denomination, association of religious assemblies, or
11religious hierarchy.
12    No religious institution is subject to the educational
13requirements, standards, or demands contained in this Act. No
14religious institution is subject to the educational
15requirements, standards, or demands contained in Part 1030 of
16Title 23 of the Illinois Administrative Code.
17    In the event that this subsection (c) conflicts with any
18other provisions of this Act or of Part 1030 of Title 23 the
19Illinois Administrative Code, this subsection (c) shall
20supersede the other provisions.
21(Source: P.A. 95-639, eff. 10-5-07.)