Full Text of SB2822 100th General Assembly
SB2822eng 100TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning education.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 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 | 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 | 13 | | religious subjects. The term may also include secular subjects | 14 | | so long as the education incorporates significant religious or | 15 | | faith-based instruction and is part of a comprehensive | 16 | | educational program to equip the student to integrate his or | 17 | | her religion or faith into his or her career or work. | 18 | | "Religious institution" or "institution" means any | 19 | | Illinois tax-exempt, post-secondary educational institution | 20 | | dedicated, in its articles of incorporation, affidavit under | 21 | | the Religious Corporation Act, charter, or bylaws, to religious | 22 | | education and actually engaged exclusively in religious | 23 | | education. A religious institution may be independent or may | 24 | | operate under the control or supervision of or as an integrated | 25 | | part of any church, denomination, association of religious | 26 | | assemblies, or religious hierarchy. |
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| 1 | | (c) A religious institution may file an annual application | 2 | | with the Board to become exempt from the educational | 3 | | requirements, standards, or demands under this Act and Part | 4 | | 1030 of Title 23 of the Illinois Administrative Code, and the | 5 | | Board may annually grant the exemption. The application must | 6 | | include 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) In the event that this Section conflicts with any other | 20 | | provisions of this Act or of Part 1030 of Title 23 of the | 21 | | Illinois Administrative Code, this Section shall supersede the | 22 | | other provisions. | 23 | | Section 10. The Academic Degree Act is amended by changing | 24 | | Section 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 | 3 | | programs . This Act shall not apply to any school or
educational | 4 | | institution 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 | 7 | | organizations
for the training of their personnel;
| 8 | | (b) education or other improvement programs by business, | 9 | | trade and
similar organizations and associations for the | 10 | | benefit 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 | 16 | | religious institutions to create and provide post-secondary | 17 | | religious education, with the authority to grant degrees, | 18 | | without being burdened by secular educational regulations and | 19 | | thereby: | 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 | 17 | | religious subjects. The term may also include secular subjects | 18 | | so long as the education incorporates significant religious or | 19 | | faith-based instruction and is part of a comprehensive | 20 | | educational program to equip the student to integrate his or | 21 | | her religion or faith into his or her career or work. | 22 | | "Religious institution" or "institution" means any | 23 | | Illinois tax-exempt, post-secondary educational institution | 24 | | dedicated, in its articles of incorporation, affidavit under | 25 | | the Religious Corporation Act, charter, or bylaws, to religious | 26 | | education and actually engaged exclusively in religious |
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| 1 | | education. A religious institution may be independent or may | 2 | | operate under the control or supervision of or as an integrated | 3 | | part of any church, denomination, association of religious | 4 | | assemblies, or religious hierarchy. | 5 | | (c) A religious institution may file an annual application | 6 | | with the Board to become exempt from the educational | 7 | | requirements, standards, or demands under this Act and Part | 8 | | 1030 of Title 23 of the Illinois Administrative Code, and the | 9 | | Board may annually grant the exemption. The application must | 10 | | include 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) In the event that this Section conflicts with any other | 24 | | provisions of this Act or of Part 1030 of Title 23 of the | 25 | | Illinois Administrative Code, this Section shall supersede the | 26 | | other provisions.
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