Illinois General Assembly - Full Text of HB5067
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Full Text of HB5067  100th General Assembly

HB5067 100TH GENERAL ASSEMBLY

  
  

 


 
100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB5067

 

Introduced , by Rep. Nick Sauer

 

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.


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB5067LRB100 20693 AXK 36151 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,

 

 

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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,

 

 

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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

 

 

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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
5so long as the education incorporates significant religious or
6faith-based instruction and is part of a comprehensive
7educational program to equip the student to integrate his or
8her religion or faith into his or her career or work.
9    "Religious institution" means any private post-secondary
10educational institution dedicated, in its articles of
11incorporation, affidavit under the Religious Corporation Act,
12charter, or bylaws, to religious education and actually engaged
13exclusively in religious education. A religious institution
14may be independent or may operate under the control or
15supervision of or as an integrated part of any church,
16denomination, association of religious assemblies, or
17religious hierarchy.
18    In the event that the changes made to this Section by this
19amendatory Act of the 100th 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

 

 

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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

 

 

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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 100th 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.

 

 

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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,

 

 

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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

 

 

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1        limited to, admissions, evaluation, assessment,
2        registration, financial aid, academic scheduling, and
3        faculty hiring and support in this State.
4        (7) A school or program within a school that
5    exclusively provides yoga instruction, yoga teacher
6    training, or both.
7    In the event that the changes made to this Section by this
8amendatory Act of the 100th General Assembly conflict with any
9other provisions of this Act, the changes shall supersede the
10other provisions.
11(Source: P.A. 99-705, eff. 1-1-17.)
 
12    Section 10. The Private College Act is amended by adding
13Section 1.5 as follows:
 
14    (110 ILCS 1005/1.5 new)
15    Sec. 1.5. Exemption from Act and rules; religious
16institution.
17    (a) The purpose of this Section is to allow private
18religious institutions to create and provide post-secondary
19religious education, with the authority to grant degrees,
20without being burdened by secular educational regulations and
21thereby:
22        (1) eliminate this State's entanglement with religious
23    matter;
24        (2) eliminate this State's conflict with religious

 

 

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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
20religious subjects. The term may also include secular subjects
21so long as the education incorporates significant religious or
22faith-based instruction and is part of a comprehensive
23educational program to equip the student to integrate his or
24her religion or faith into his or her career or work.
25    "Religious institution" means any private post-secondary
26educational institution dedicated, in its articles of

 

 

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1incorporation, affidavit under the Religious Corporation Act,
2charter, or bylaws, to religious education and actually engaged
3exclusively in religious education. A religious institution
4may be independent or may operate under the control or
5supervision of or as an integrated part of any church,
6denomination, association of religious assemblies, or
7religious hierarchy.
8    (c) No religious institution is subject to the educational
9requirements, standards, or demands contained in this Act. No
10religious institution is subject to the educational
11requirements, standards, or demands contained in Part 1030 of
12Title 23 of the Illinois Administrative Code. A religious
13institution must notify each of its students in writing that
14the religious degree being earned or course work earned at a
15religious, non-accredited, post-secondary educational
16institution may not transfer to other institutions.
17    (d) In the event that this Section conflicts with any other
18provisions of this Act or of Part 1030 of Title 23 the Illinois
19Administrative Code, this Section shall supersede the other
20provisions.
 
21    Section 15. The Academic Degree Act is amended by changing
22Section 11 as follows:
 
23    (110 ILCS 1010/11)  (from Ch. 144, par. 241)
24    Sec. 11. Exemptions.

 

 

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1    (a) This Act shall not apply to any school or educational
2institution regulated or approved under the Nurse Practice Act.
3    (b) This Act shall not apply to any of the following:
4        (1) (a) in-training programs by corporations or other
5    business organizations for the training of their
6    personnel;
7        (2) (b) education or other improvement programs by
8    business, trade and similar organizations and associations
9    for the benefit of their members only; or
10        (3) (c) apprentice or other training programs by labor
11    unions.
12    (c) The purpose of this subsection (c) is to allow private
13religious institutions to create and provide post-secondary
14religious education, with the authority to grant degrees,
15without being burdened by secular educational regulations and
16thereby:
17        (1) eliminate this State's entanglement with religious
18    matter;
19        (2) eliminate this State's conflict with religious
20    institutions' missions;
21        (3) decrease expenses to this State associated with the
22    enforcement of secular educational regulations;
23        (4) recognize the constitutional liberty of religious
24    institutions to direct religious education as they see fit;
25        (5) recognize the constitutional liberty of students,
26    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    In this subsection (c):
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" means any private post-secondary
19educational institution dedicated, in its articles of
20incorporation, affidavit under the Religious Corporation Act,
21charter, or bylaws, to religious education and actually engaged
22exclusively in religious education. A religious institution
23may be independent or may operate under the control or
24supervision of or as an integrated part of any church,
25denomination, association of religious assemblies, or
26religious hierarchy.

 

 

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1    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. A religious
6institution must notify each of its students in writing that
7the religious degree being earned or course work earned at a
8religious, non-accredited, post-secondary educational
9institution may not transfer to other institutions.
10    In the event that this subsection (c) conflicts with any
11other provisions of this Act or of Part 1030 of Title 23 the
12Illinois Administrative Code, this subsection (c) shall
13supersede the other provisions.
14(Source: P.A. 95-639, eff. 10-5-07.)