Bill Amendment: IL HB5067 | 2017-2018 | 100th General Assembly

NOTE: For additional amemendments please see the Bill Drafting List

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Bill Title: HIGHR ED-RELIGIOUS INSTITUTION

Status: 2019-01-08 - Session Sine Die [HB5067 Detail]

Download: Illinois-2017-HB5067-House_Amendment_001.html

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Rep. Nick Sauer

Filed: 4/23/2018

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AMENDMENT TO HOUSE BILL 5067
AMENDMENT NO. ______. Amend House Bill 5067 by replacing
everything after the enacting clause with the following:
"Section 5. The Private College Act is amended by adding
Section 1.5 as follows:
(110 ILCS 1005/1.5 new)
Sec. 1.5. Exemption from Act and rules; religious
institution.
(a) The purpose of this Section is to allow private
religious institutions to create and provide post-secondary
religious education, with the authority to grant degrees,
without being burdened by secular educational regulations and
thereby:
(1) eliminate this State's entanglement with religious
matter;
(2) eliminate this State's conflict with religious

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institutions' missions;
(3) decrease expenses to this State associated with the
enforcement of secular educational regulations;
(4) recognize the constitutional liberty of religious
institutions to direct religious education as they see fit;
(5) recognize the constitutional liberty of students,
faculty, and other persons to attend, teach at, or
otherwise interact with religious institutions that are
free from government oversight or control;
(6) allow students and their families greater and more
affordable educational options;
(7) increase commerce in this State by attracting
students from other states who wish to obtain religious
education; and
(8) increase commerce in this State by reducing the
number of State residents who leave this State to obtain
religious education outside of this State.
(b) In this Section:
"Religious education" means education in primarily
religious subjects. The term may also include secular subjects
so long as the education incorporates significant religious or
faith-based instruction and is part of a comprehensive
educational program to equip the student to integrate his or
her religion or faith into his or her career or work.
"Religious institution" or "institution" means any
Illinois tax-exempt, post-secondary educational institution

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dedicated, in its articles of incorporation, affidavit under
the Religious Corporation Act, charter, or bylaws, to religious
education and actually engaged exclusively in religious
education. A religious institution may be independent or may
operate under the control or supervision of or as an integrated
part of any church, denomination, association of religious
assemblies, or religious hierarchy.
(c) A religious institution may file an annual application
with the Board to become exempt from the educational
requirements, standards, or demands under this Act and Part
1030 of Title 23 of the Illinois Administrative Code, and the
Board may annually grant the exemption. The application must
include a $1,000 application fee and all of the following:
(1) Legal proof that the institution is a
not-for-profit institution that is owned, controlled,
operated, and maintained by a bona fide church or religious
denomination and is lawfully operating as a not-for-profit
religious corporation pursuant to Illinois law.
(2) A requirement that the institution may not use the
term "university" in its name, but may use the term
"college".
(3) A statement adopted by the institution's
organizational body that the offered programs of study are
limited to religion, theology, or preparation for a
religious vocation that confers status or authority with
the religion as ministers or clergy.

10000HB5067ham001 - 4 - LRB100 20693 AXK 38995 a
(4) A notarized copy of an affidavit stating that no
federal or State funds are used for the institution's
programs of study.
(5) A requirement that the title of the degrees offered
by the institution contain a religious modifier, such as
Associate of Religious Studies, Bachelor of Religious
Studies, or Master of Religious Studies. Degree titles that
may not be used by the institution include, but are not
limited to, Associate of Arts, Associate of Applied Arts,
Associate of Applied Science, Associate of Science,
Bachelor of Arts, Bachelor of Science, Bachelor of
Education, Bachelor of Divinity, Master of Education,
Master of Arts, Master of Science, Master of Divinity,
Doctor of Philosophy, Doctor of Education, or Doctor of
Divinity.
(6) A certification by the religious institution that
no other non-religious degrees or programs of study are
offered at the institution.
(7) A certification by the religious institution that
the following statement shall be included in all
promotional, admissions, catalog, and student enrollment
materials and any websites or social media accounts of the
institution:
"[Name of entity] has received an exemption from
the Illinois Board of Higher Education as a religious
institution providing religious instruction only.

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

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

10000HB5067ham001 - 7 - LRB100 20693 AXK 38995 a
thereby:
(1) eliminate this State's entanglement with religious
matter;
(2) eliminate this State's conflict with religious
institutions' missions;
(3) decrease expenses to this State associated with the
enforcement of secular educational regulations;
(4) recognize the constitutional liberty of religious
institutions to direct religious education as they see fit;
(5) recognize the constitutional liberty of students,
faculty, and other persons to attend, teach at, or
otherwise interact with religious institutions that are
free from government oversight or control;
(6) allow students and their families greater and more
affordable educational options;
(7) increase commerce in this State by attracting
students from other states who wish to obtain religious
education; and
(8) increase commerce in this State by reducing the
number of State residents who leave this State to obtain
religious education outside of this State.
(b) In this Section:
"Religious education" means education in primarily
religious subjects. The term may also include secular subjects
so long as the education incorporates significant religious or
faith-based instruction and is part of a comprehensive

10000HB5067ham001 - 8 - LRB100 20693 AXK 38995 a
educational program to equip the student to integrate his or
her religion or faith into his or her career or work.
"Religious institution" or "institution" means any
Illinois tax-exempt, post-secondary educational institution
dedicated, in its articles of incorporation, affidavit under
the Religious Corporation Act, charter, or bylaws, to religious
education and actually engaged exclusively in religious
education. A religious institution may be independent or may
operate under the control or supervision of or as an integrated
part of any church, denomination, association of religious
assemblies, or religious hierarchy.
(c) A religious institution may file an annual application
with the Board to become exempt from the educational
requirements, standards, or demands under this Act and Part
1030 of Title 23 of the Illinois Administrative Code, and the
Board may annually grant the exemption. The application must
include a $1,000 application fee and all of the following:
(1) Legal proof that the institution is a
not-for-profit institution that is owned, controlled,
operated, and maintained by a bona fide church or religious
denomination and is lawfully operating as a not-for-profit
religious corporation pursuant to Illinois law.
(2) A requirement that the institution may not use the
term "university" in its name, but may use the term
"college".
(3) A statement adopted by the institution's

10000HB5067ham001 - 9 - LRB100 20693 AXK 38995 a
organizational body that the offered programs of study are
limited to religion, theology, or preparation for a
religious vocation that confers status or authority with
the religion as ministers or clergy.
(4) A notarized copy of an affidavit stating that no
federal or State funds are used for the institution's
programs of study.
(5) A requirement that the title of the degrees offered
by the institution contain a religious modifier, such as
Associate of Religious Studies, Bachelor of Religious
Studies, or Master of Religious Studies. Degree titles that
may not be used by the institution include, but are not
limited to, Associate of Arts, Associate of Applied Arts,
Associate of Applied Science, Associate of Science,
Bachelor of Arts, Bachelor of Science, Bachelor of
Education, Bachelor of Divinity, Master of Education,
Master of Arts, Master of Science, Master of Divinity,
Doctor of Philosophy, Doctor of Education, or Doctor of
Divinity.
(6) A certification by the religious institution that
no other non-religious degrees or programs of study are
offered at the institution.
(7) A certification by the religious institution that
the following statement shall be included in all
promotional, admissions, catalog, and student enrollment
materials and any websites or social media accounts of the

10000HB5067ham001 - 10 - LRB100 20693 AXK 38995 a
institution:
"[Name of entity] has received an exemption from
the Illinois Board of Higher Education as a religious
institution providing religious instruction only.
[Name of entity] is not accredited by a body recognized
by the U.S. Department of Education or Council for
Higher Education Accreditation. Any credentials
awarded by [name of entity] are not likely to be
recognized by authorized and accredited institutions
of higher education, employers, and certification or
licensing bodies. Complaints pertaining to the
exemption may be directed to the Illinois Board of
Higher Education at www.ibhe.org".
(8) A certification by the religious institution that
the following statement is prominently disclosed on all
transcripts issued by the institution: "This institution
is not authorized by the Illinois Board of Higher
Education."
(9) A certification by the religious institution that
it shall use an enrollment agreement provided by the Board
that discloses the conditions under this subsection (c).
This agreement must outline the institution's process for
addressing student complaints. Students must sign and date
the enrollment agreement, and copies of the agreement must
be kept with the institution's academic records.
(10) A requirement that all students sign and date an

10000HB5067ham001 - 11 - LRB100 20693 AXK 38995 a
affidavit stating that the student is not using federal or
State educational loan funds to pay for the program of
study offered by the institution.
(d) In the event that this Section conflicts with any other
provisions of this Act or of Part 1030 of Title 23 of the
Illinois Administrative Code, this Section shall supersede the
other provisions.".