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1 | AN ACT concerning education.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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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)
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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.
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5 | This Act shall not apply to any of the following:
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6 | (a) in-training programs by corporations or other business | ||||||
7 | organizations
for the training of their personnel;
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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
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11 | (c) apprentice or other training programs by labor unions.
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12 | (Source: P.A. 95-639, eff. 10-5-07.)
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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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