Sen. Dan McConchie

Filed: 4/20/2018

 

 


 

 


 
10000SB2822sam001LRB100 19464 AXK 38975 a

1
AMENDMENT TO SENATE BILL 2822

2    AMENDMENT NO. ______. Amend Senate Bill 2822 by replacing
3everything after the enacting clause with the following:
 
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

 

 

10000SB2822sam001- 2 -LRB100 19464 AXK 38975 a

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" or "institution" means any
26Illinois tax-exempt, post-secondary educational institution

 

 

10000SB2822sam001- 3 -LRB100 19464 AXK 38975 a

1dedicated, in its articles of incorporation, affidavit under
2the Religious Corporation Act, charter, or bylaws, to religious
3education and actually engaged exclusively in religious
4education. A religious institution may be independent or may
5operate under the control or supervision of or as an integrated
6part of any church, denomination, association of religious
7assemblies, or religious hierarchy.
8    (c) A religious institution may file an annual application
9with the Board to become exempt from the educational
10requirements, standards, or demands under this Act and Part
111030 of Title 23 of the Illinois Administrative Code, and the
12Board may annually grant the exemption. The application must
13include a $1,000 application fee and all of the following:
14        (1) Legal proof that the institution is a
15    not-for-profit institution that is owned, controlled,
16    operated, and maintained by a bona fide church or religious
17    denomination and is lawfully operating as a not-for-profit
18    religious corporation pursuant to Illinois law.
19        (2) A requirement that the institution may not use the
20    term "university" in its name, but may use the term
21    "college".
22        (3) A statement adopted by the institution's
23    organizational body that the offered programs of study are
24    limited to religion, theology, or preparation for a
25    religious vocation that confers status or authority with
26    the religion as ministers or clergy.

 

 

10000SB2822sam001- 4 -LRB100 19464 AXK 38975 a

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

 

 

10000SB2822sam001- 5 -LRB100 19464 AXK 38975 a

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

 

 

10000SB2822sam001- 6 -LRB100 19464 AXK 38975 a

1provisions of this Act or of Part 1030 of Title 23 of the
2Illinois Administrative Code, this Section shall supersede the
3other provisions.
 
4    Section 10. The Academic Degree Act is amended by changing
5Section 11 and by adding Section 11.5 as follows:
 
6    (110 ILCS 1010/11)  (from Ch. 144, par. 241)
7    Sec. 11. Exemptions for nursing school and job training
8programs. This Act shall not apply to any school or educational
9institution regulated or approved under the Nurse Practice Act.
10    This Act shall not apply to any of the following:
11    (a) in-training programs by corporations or other business
12organizations for the training of their personnel;
13    (b) education or other improvement programs by business,
14trade and similar organizations and associations for the
15benefit of their members only; or
16    (c) apprentice or other training programs by labor unions.
17(Source: P.A. 95-639, eff. 10-5-07.)
 
18    (110 ILCS 1010/11.5 new)
19    Sec. 11.5. Exemption for religious institution.
20    (a) The purpose of this Section is to allow private
21religious institutions to create and provide post-secondary
22religious education, with the authority to grant degrees,
23without being burdened by secular educational regulations and

 

 

10000SB2822sam001- 7 -LRB100 19464 AXK 38975 a

1thereby:
2        (1) eliminate this State's entanglement with religious
3    matter;
4        (2) eliminate this State's conflict with religious
5    institutions' missions;
6        (3) decrease expenses to this State associated with the
7    enforcement of secular educational regulations;
8        (4) recognize the constitutional liberty of religious
9    institutions to direct religious education as they see fit;
10        (5) recognize the constitutional liberty of students,
11    faculty, and other persons to attend, teach at, or
12    otherwise interact with religious institutions that are
13    free from government oversight or control;
14        (6) allow students and their families greater and more
15    affordable educational options;
16        (7) increase commerce in this State by attracting
17    students from other states who wish to obtain religious
18    education; and
19        (8) 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    (b) In this Section:
23    "Religious education" means education in primarily
24religious subjects. The term may also include secular subjects
25so long as the education incorporates significant religious or
26faith-based instruction and is part of a comprehensive

 

 

10000SB2822sam001- 8 -LRB100 19464 AXK 38975 a

1educational program to equip the student to integrate his or
2her religion or faith into his or her career or work.
3    "Religious institution" or "institution" means any
4Illinois tax-exempt, post-secondary educational institution
5dedicated, in its articles of incorporation, affidavit under
6the Religious Corporation Act, charter, or bylaws, to religious
7education and actually engaged exclusively in religious
8education. A religious institution may be independent or may
9operate under the control or supervision of or as an integrated
10part of any church, denomination, association of religious
11assemblies, or religious hierarchy.
12    (c) A religious institution may file an annual application
13with the Board to become exempt from the educational
14requirements, standards, or demands under this Act and Part
151030 of Title 23 of the Illinois Administrative Code, and the
16Board may annually grant the exemption. The application must
17include a $1,000 application fee and all of the following:
18        (1) Legal proof that the institution is a
19    not-for-profit institution that is owned, controlled,
20    operated, and maintained by a bona fide church or religious
21    denomination and is lawfully operating as a not-for-profit
22    religious corporation pursuant to Illinois law.
23        (2) A requirement that the institution may not use the
24    term "university" in its name, but may use the term
25    "college".
26        (3) A statement adopted by the institution's

 

 

10000SB2822sam001- 9 -LRB100 19464 AXK 38975 a

1    organizational body that the offered programs of study are
2    limited to religion, theology, or preparation for a
3    religious vocation that confers status or authority with
4    the religion as ministers or clergy.
5        (4) A notarized copy of an affidavit stating that no
6    federal or State funds are used for the institution's
7    programs of study.
8        (5) A requirement that the title of the degrees offered
9    by the institution contain a religious modifier, such as
10    Associate of Religious Studies, Bachelor of Religious
11    Studies, or Master of Religious Studies. Degree titles that
12    may not be used by the institution include, but are not
13    limited to, Associate of Arts, Associate of Applied Arts,
14    Associate of Applied Science, Associate of Science,
15    Bachelor of Arts, Bachelor of Science, Bachelor of
16    Education, Bachelor of Divinity, Master of Education,
17    Master of Arts, Master of Science, Master of Divinity,
18    Doctor of Philosophy, Doctor of Education, or Doctor of
19    Divinity.
20        (6) A certification by the religious institution that
21    no other non-religious degrees or programs of study are
22    offered at the institution.
23        (7) A certification by the religious institution that
24    the following statement shall be included in all
25    promotional, admissions, catalog, and student enrollment
26    materials and any websites or social media accounts of the

 

 

10000SB2822sam001- 10 -LRB100 19464 AXK 38975 a

1    institution:
2            "[Name of entity] has received an exemption from
3        the Illinois Board of Higher Education as a religious
4        institution providing religious instruction only.
5        [Name of entity] is not accredited by a body recognized
6        by the U.S. Department of Education or Council for
7        Higher Education Accreditation. Any credentials
8        awarded by [name of entity] are not likely to be
9        recognized by authorized and accredited institutions
10        of higher education, employers, and certification or
11        licensing bodies. Complaints pertaining to the
12        exemption may be directed to the Illinois Board of
13        Higher Education at www.ibhe.org".
14        (8) A certification by the religious institution that
15    the following statement is prominently disclosed on all
16    transcripts issued by the institution: "This institution
17    is not authorized by the Illinois Board of Higher
18    Education."
19        (9) A certification by the religious institution that
20    it shall use an enrollment agreement provided by the Board
21    that discloses the conditions under this subsection (c).
22    This agreement must outline the institution's process for
23    addressing student complaints. Students must sign and date
24    the enrollment agreement, and copies of the agreement must
25    be kept with the institution's academic records.
26        (10) A requirement that all students sign and date an

 

 

10000SB2822sam001- 11 -LRB100 19464 AXK 38975 a

1    affidavit stating that the student is not using federal or
2    State educational loan funds to pay for the program of
3    study offered by the institution.
4    (d) In the event that this Section conflicts with any other
5provisions of this Act or of Part 1030 of Title 23 of the
6Illinois Administrative Code, this Section shall supersede the
7other provisions.".