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S1092.............................................................by EDUCATION
PROPRIETARY SCHOOLS - Amends existing law to exempt from the definition of
proprietary school, for purposes of regulation by the State Board of
Education, a nonprofit institution owned, controlled and operated and
maintained by a church, religious denomination or religious organization
comprised of multidenominational members of the same religion lawfully
operating as a nonprofit corporation in this state, if certain factors occur.
02/10 Senate intro - 1st rdg - to printing
02/11 Rpt prt - to Educ
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-seventh Legislature First Regular Session - 2003
IN THE SENATE
SENATE BILL NO. 1092
BY EDUCATION COMMITTEE
1 AN ACT
2 RELATING TO PROPRIETARY SCHOOLS; AMENDING SECTION 33-2402, IDAHO CODE, TO
3 EXEMPT FROM THE DEFINITION OF "PROPRIETARY SCHOOL," A NONPROFIT INSTITU-
4 TION OWNED, CONTROLLED, AND OPERATED AND MAINTAINED BY A CHURCH, RELIGIOUS
5 DENOMINATION OR RELIGIOUS ORGANIZATION COMPRISED OF MULTIDENOMINATIONAL
6 MEMBERS OF THE SAME RELIGION, LAWFULLY OPERATING AS A NONPROFIT CORPORA-
7 TION IN THIS STATE, IF CERTAIN FACTORS OCCUR.
8 Be It Enacted by the Legislature of the State of Idaho:
9 SECTION 1. That Section 33-2402, Idaho Code, be, and the same is hereby
10 amended to read as follows:
11 33-2402. SCHOOLS AND COURSES EXEMPTED. The following schools or courses
12 are specifically exempt from the provisions of this chapter and are not within
13 the definition of "proprietary school":
14 (1) A school, educational institution or agency supported primarily by
15 taxation from either a state or local source.
16 (2) Courses offering instruction or training solely avocational or recre-
17 ational in nature, as determined by the board.
18 (3) Courses recognized by the board which comply in whole or in part with
19 the compulsory education law.
20 (4) Courses offered by an educational institution accredited by a
21 national or regional accrediting agency recognized by the board or the United
22 States department of education.
23 (5) A course or courses of study sponsored by an employer for the train-
24 ing and preparation of its own employees, and for which no tuition fee is
25 charged to the student.
26 (6) A school or course which is otherwise regulated, licensed or regis-
27 tered with another state agency pursuant to title 54, Idaho Code.
28 (7) Aviation school or instructors approved by and under the supervision
29 of the federal aviation administration.
30 (8) Intensive review courses designed to prepare students for certified
31 public accountancy tests, public accountancy tests, law school aptitude tests,
32 bar examinations or medical college admissions tests.
33 (9) Entities not otherwise exempt offering only workshops or seminars
34 lasting no longer than three (3) calendar days.
35 (10) Courses offered by a parochial or denominational institution provid-
36 ing instruction or training relating solely to religion and for which degrees
37 are not granted.
38 (11) A school or course for postsecondary credit offered by a consortium
39 of public and private colleges and universities under the auspices of the
40 western governors.
41 (12) A nonprofit institution owned, controlled, and operated and main-
42 tained by a church, religious denomination, or religious organization com-
43 prised of multidenominational members of the same religion, lawfully operating
2
1 as a nonprofit corporation in this state if the education is limited to
2 instruction in the principles of that church, religious denomination or reli-
3 gious organization, and the diploma or degree is limited to evidence of com-
4 pletion of that education, and the meritorious recognition upon which any hon-
5 orary degree is conferred is limited to the principles of that church, reli-
6 gious denomination or religious organization. Institutions operating under
7 this subsection shall offer degrees and diplomas only in the beliefs and prac-
8 tices of the church, religious denomination or religious organization. The
9 enactment of this subsection expresses the legislative intent that the state
10 shall not involve itself in the content of degree programs awarded by any
11 institution operating under this subsection, as long as the institution awards
12 degrees and diplomas only in the beliefs and practices of the church, reli-
13 gious denomination or religious organization. Institutions operating under
14 this subsection shall not award degrees in any area of physical science. Any
15 degree or diploma granted in any area of study under these provisions shall
16 contain on its face, in the written description of the title of the degree
17 being conferred, a reference to the theological or religious aspect of the
18 degree's subject area. Degrees awarded under this subsection shall reflect the
19 nature of the degree title, such as "Associate of Religious Studies," or
20 "Bachelor of Religious Studies," or "Master of Divinity" or "Doctor of Divin-
21 ity." The use of the degree title "Associate of Arts" or "Associate of Sci-
22 ence," "Bachelor of Arts" or "Bachelor of Science," "Master of Arts" or
23 "Master of Science," or "Doctor of Philosophy" or "Ph.D." shall only be
24 awarded by institutions approved to operate by the state board of education or
25 board of regents of the University of Idaho or meeting the requirements for an
26 exemption under this section. The enactment of this subsection is intended to
27 prevent any entity claiming to be a nonprofit institution owned, controlled,
28 and operated and maintained by a church, religious denomination or religious
29 organization comprised of multidenominational members of the same religion,
30 lawfully operating as a nonprofit corporation certified by the secretary of
31 state, from marketing and granting degrees or diplomas that are represented
32 as being linked to their church, religious denomination, or religious organi-
33 zation, but which, in reality, are degrees in secular areas of study. An
34 institution operating under this subsection shall file annually with the state
35 board evidence to demonstrate its status as a nonprofit corporation under the
36 authority of the secretary of state. A college or university operating under
37 this subsection shall file annually with the state board evidence to demon-
38 strate its status as a nonprofit corporation.
STATEMENT OF PURPOSE
RS 12640
The purpose of this legislation is to create religious exemption for
non-public post-secondary educational programs in Idaho. Currently,
churches must operate schools across state border lines because of
status quo in Idaho statutes. This takes revenue out of state. All
bordering states, including numerous others, allow religious training;
yet, Idaho does not.
In this modern day of distance education via the Internet, video
schools, satellite classrooms, and individualized degree programs,
Idaho needs to become more current and allow its citizens the distinct
educational advantages available through religious non-accredited
degree programs.
FISCAL IMPACT
There is no fiscal impact to state or local governments.
Contact
Name: Dr. Stan Fleming
Phone: (208) 437-2032
Sen. Shawn Keough
(208) 332-1000
STATEMENT OF PURPOSE/FISCAL NOTE S 109