Illinois Senate Bill 2150 - Religious Organizations to Issue Degrees

A new Senate Bill in Illinois will allow religious higher education institutes like the Ordination Institute to legally issue degrees. 
The fight over religious freedom to issue higher education degrees has been an ongoing struggle for decades.

The state of Illinois Senate Bill 2150 acknowledges the freedom of religious organizations from government oversight. Yet, religious authorities will continue to further their constitution rights of separation until complete regulatory autonomy is achieved.

SB2150 - Click here for the Illinois General Assembly Link

FULL TEXT


 
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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, all transcripts issued by the institution, and
16       any websites or social media accounts of the 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) If this Section conflicts with any other provisions of
20   this Act or of Part 1030 of Title 23 of the Illinois
21   Administrative Code, this Section shall supersede the other
22   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, all transcripts issued by the institution, and
20       any websites or social media accounts of the 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) If this Section conflicts with any other provisions of
24   this Act or of Part 1030 of Title 23 of the Illinois
25   Administrative Code, this Section shall supersede the other
26   provisions.