2003 Legislation
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SENATE BILL NO. 1092 – Proprietary school, definition

SENATE BILL NO. 1092

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Daily Data Tracking History



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

Bill Text


                                                                        
                                                                        
  ||||              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 / Fiscal Impact


                      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