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S1393.................................................by HEALTH AND WELFARE
SCHOOLS - PROPRIETARY - 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 bona fide church, religious denomination, or religious
organization comprised of multidenominational members of the same
well-recognized religion, lawfully operating as a nonprofit corporation in
this state, if certain factors occur.
02/08 Senate intro - 1st rdg - to printing
02/11 Rpt prt - to Educ
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-sixth Legislature Second Regular Session - 2002
IN THE SENATE
SENATE BILL NO. 1393
BY HEALTH AND WELFARE 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 BONA FIDE CHURCH,
5 RELIGIOUS DENOMINATION OR RELIGIOUS ORGANIZATION COMPRISED OF
6 MULTIDENOMINATIONAL MEMBERS OF THE SAME WELL-RECOGNIZED RELIGION, LAWFULLY
7 OPERATING AS A NONPROFIT CORPORATION IN THIS STATE, IF CERTAIN FACTORS
8 OCCUR.
9 Be It Enacted by the Legislature of the State of Idaho:
10 SECTION 1. That Section 33-2402, Idaho Code, be, and the same is hereby
11 amended to read as follows:
12 33-2402. SCHOOLS AND COURSES EXEMPTED. The following schools or courses
13 are specifically exempt from the provisions of this chapter and are not within
14 the definition of "proprietary school":
15 (1) A school, educational institution or agency supported primarily by
16 taxation from either a state or local source.
17 (2) Courses offering instruction or training solely avocational or recre-
18 ational in nature, as determined by the board.
19 (3) Courses recognized by the board which comply in whole or in part with
20 the compulsory education law.
21 (4) Courses offered by an educational institution accredited by a
22 national or regional accrediting agency recognized by the board or the United
23 States department of education.
24 (5) A course or courses of study sponsored by an employer for the train-
25 ing and preparation of its own employees, and for which no tuition fee is
26 charged to the student.
27 (6) A school or course which is otherwise regulated, licensed or regis-
28 tered with another state agency pursuant to title 54, Idaho Code.
29 (7) Aviation school or instructors approved by and under the supervision
30 of the federal aviation administration.
31 (8) Intensive review courses designed to prepare students for certified
32 public accountancy tests, public accountancy tests, law school aptitude tests,
33 bar examinations or medical college admissions tests.
34 (9) Entities not otherwise exempt offering only workshops or seminars
35 lasting no longer than three (3) calendar days.
36 (10) Courses offered by a parochial or denominational institution provid-
37 ing instruction or training relating solely to religion and for which degrees
38 are not granted.
39 (11) A school or course for postsecondary credit offered by a consortium
40 of public and private colleges and universities under the auspices of the
41 western governors.
42 (12) A nonprofit institution owned, controlled, and operated and main-
43 tained by a bona fide church, religious denomination, or religious organiza-
2
1 tion comprised of multidenominational members of the same well-recognized
2 religion, lawfully operating as a nonprofit corporation in this state if the
3 education is limited to instruction in the principles of that church, reli-
4 gious denomination, or religious organization, and the diploma or degree is
5 limited to evidence of completion of that education, and the meritorious rec-
6 ognition upon which any honorary degree is conferred is limited to the princi-
7 ples of that church, religious denomination, or religious organization.
8 Institutions operating under this subsection shall offer degrees and diplomas
9 only in the beliefs and practices of the church, religious denomination, or
10 religious organization. The enactment of this subsection expresses the legis-
11 lative intent that the state shall not involve itself in the content of degree
12 programs awarded by any institution operating under this subsection, as long
13 as the institution awards degrees and diplomas only in the beliefs and prac-
14 tices of the church, religious denomination, or religious organization.
15 Institutions operating under this subsection shall not award degrees in any
16 area of physical science. Any degree or diploma granted in any area of study
17 under these provisions shall contain on its face, in the written description
18 of the title of the degree being conferred, a reference to the theological or
19 religious aspect of the degree's subject area. Degrees awarded under this sub-
20 section shall reflect the nature of the degree title, such as "Associate of
21 Religious Studies," or "Bachelor of Religious Studies," or "Master of Divin-
22 ity" or "Doctor of Divinity." The use of the degree titles "Associate of Arts"
23 or "Associate of Science," "Bachelor of Arts" or "Bachelor of Science,"
24 "Master of Arts" or "Master of Science," or "Doctor of Philosophy" or "Ph.D."
25 shall only be awarded by institutions approved to operate by the state board
26 of education or board of regents of the University of Idaho or meeting the
27 requirements for an exemption under this section. The enactment of this sub-
28 section is intended to prevent any entity claiming to be a nonprofit institu-
29 tion owned, controlled, and operated and maintained by a bona fide church,
30 religious denomination, or religious organization comprised of
31 multidenominational members of the same well-recognized religion, lawfully
32 operating as a nonprofit corporation certified by the secretary of state, from
33 marketing and granting degrees or diplomas that are represented as being
34 linked to their church, religious denomination, or religious organization, but
35 which, in reality, are degrees in secular areas of study. An institution oper-
36 ating under this subsection shall file annually with the state board evidence
37 to demonstrate its status as a nonprofit corporation under the authority of
38 the secretary of state. A college or university operating under this subsec-
39 tion shall file annually with the state board evidence to demonstrate its sta-
40 tus as a nonprofit corporation.
STATEMENT OF PURPOSE
RS 11489
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 organizations to offer non-accredited programs and degrees
for 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:
Dr. Stan Fleming Senator Shawn Keough Senator Grant Ipsen
Old Town, Idaho
(208)437-2032 (208) 332-1405 (208) 332-1326
STATEMENT OF PURPOSE/FISCAL NOTE S 1393