Illinois Bible Colleges Association v. Illinois Board of Higher Education First Amended Complaint

Case: 1:15-cv-00444 Document #: 19 Filed: 04/24/15 Page 1 of 20 PageID #:113

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS

ILLINOIS BIBLE COLLEGES ASSOCIATION, on its own behalf and on behalf of students who seek or may seek religious education from Illinois Bible colleges, PROVIDENCE BAPTIST COLLEGE, DAYSPRING BIBLE COLLEGE & SEMINARY, UNITED FAITH CHRISTIAN INSTITTUE AND BIBLE COLLEGE, CIVIL LIBERTIES FOR URBAN BELIEVERS, LEIGH PIETSCH Plaintiffs, v.

LINDSAY K. H. ANDERSON, Chair of the Illinois Board of Higher Education, in her Official Capacity, Defendant.

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) )

Case No. 15-cv-00444 Hon. Sharon Johnson Coleman

FIRST AMENDED COMPLAINT FOR DECLARATORY JUDGMENT AND INJUNCTIVE RELIEF

Illinois Bible Colleges Association (“IBCA”), Providence Baptist College, Dayspring Bible College & Seminary, United Faith Christian Institute and Bible College, Civil Liberties for Urban Believers, and Leigh Pietsch, individually, by their attorneys Mauck & Baker, LLC, hereby request a declaratory judgment and injunctive relief against Defendant affirming the liberty of Illinois Bible colleges to operate and grant degrees free from various governmental controls and restrictions.

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NATURE OF THE ACTION 1.

This is an action to enforce Plaintiffs’ rights under the First Amendment to the

United States Constitution, under the Constitution of the State of Illinois, and under the Illinois Religious Freedom Restoration Act (IRFRA), 775 ILCS § 35/15 et seq., that are violated by certain regulations which prevent Illinois Bible colleges from operating and granting degrees to achieving students without being approved by the Illinois Board of Higher Education (“IBHE”).

2.

Plaintiffs do not challenge the State’s authority to regulate secular institutions.

Plaintiffs only contend that the State does not have the authority to set educational standards for religious postsecondary institutions which seek to educate and disciple students in programs that equip the students to integrate their religion or faith into their life, career, or work.

3.

Plaintiffs do not have, nor do they seek “State Approval,” rather, Plaintiffs wish to

forgo whatever benefits flow from Approval status so long as they remain free from the State’s regulatory scheme.

JURISDICTION AND VENUE 4.

The court has jurisdiction over the aforementioned federal claim pursuant to 28

U.S.C. §1331 as it arises under the First Amendment to the Constitution of the United States.

The state law claims are so closely related to the federal claims as to create supplemental jurisdiction under 28 U.S.C. §1367(a).

5.

Venue is proper in this court because many of the Plaintiffs are located in Cook,

DuPage, Kane, and Will Counties, Illinois.

PARTIES 6.

Plaintiff Illinois Bible Colleges Association is an unincorporated association

comprised of private, post-secondary Illinois Bible colleges that offer Christian programs which

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seek to educate and disciple students in order to equip them to integrate their religion or faith into their life, career, or work.

7.

Plaintiff Providence Baptist College (“PBC”) is an Illinois Bible college located

at 345 W. River Rd., Elgin, IL, 60123. PBC was founded on August 24, 1998 as a postsecondary religious educational ministry of Northwest Bible Church. PBC defines itself as a distinctive Bible college dedicated to training young people for full-time service in Independent Baptist churches and ministries around the world. Exh. 1 at ¶¶ 2-4.

8.

Plaintiff Dayspring Bible College & Seminary (“DBCS”) is an Illinois Bible

college located at 27875 N. Fairfield Rd, Mundelein, IL 60060. DBCS was founded in 1982 as a post-secondary religious educational ministry of Quentin Road Bible Church, now Quentin Road Bible Baptist Church. DBCS exists to provide affordable Bible-based education and training to those who are motivated to serve God and who want to integrate their faith into whatever they do in life after graduation. Exh. 2 at ¶¶ 2-4.

9.

Plaintiff United Faith Christian Institute and Bible College (“UFCI”) is an Illinois

Bible college located at 40 S. 19th Avenue, Maywood, IL 60153. UFCI was founded in 2000 as a post-secondary religious educational ministry of the United Faith Missionary Baptist Church.

UFCI provides affordable education in an urban context for those seeking to do ministry in the inner cities. Exh. 3 at ¶¶ 2-4.

10.

Plaintiff Civil Liberties for Urban Believers (“CLUB”) is an unincorporated

association of churches organized to promote civil liberties for urban believers. CLUB seeks to empower churches to create educational ministries that desire to train and equip those who are called by God to serve His Kingdom. Exh. 4 at ¶¶ 2, 5.

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11.

Plaintiff Leigh Pietsch, Esq. is an individual enrolled in the Chicago campus of

Charis Bible College and is seeking a degree for his religious studies. Exh. 5 at œœ 2, 10.

12.

The Illinois Bible Colleges Association is also asserting the rights and interests of

students who seek or may seek religious education in Illinois. See generally, Singleton v. Wulff, 428 U.S. 106 (1976); see also Craig v. Boren, 429 U.S. 190, 194 (1976).

13.

Defendant Lindsay K. H. Anderson, in her official capacity, is the Chair of the

Illinois Board of Higher Education. Among other duties, she and the other board members grant authority to operate and grant degrees to independent educational institutions.

FACTS I.

Background 14.

Illinois Bible colleges provide a unique, Christian education for individuals who

feel called by God to incorporate their studies into their life, career, or work. These schools currently offer programs in religious subjects only. Although these schools wish to offer degrees in all sorts of subjects, Illinois prohibits them both from operating and from offering any degrees, including degrees related to religious education. One such college, Dayspring Bible College in Mundelein, IL, is pictured below

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15.

Students enroll at Illinois Bible colleges in order to equip themselves with the

knowledge and practical experience necessary for integrating their religion or faith into their life, career, or work. Specifically, students are trained to spread the gospel message in whatever work God has called them to, namely, that God loves humanity so much that he sent His son Jesus to die on the cross for our sins, and that whoever believes in Jesus and accepts this free gift of salvation will have peace with God and eternal life. John 3:16.

16.

The objectives of Illinois Bible colleges are to provide affordable education in

order to: a.

Equip students with the practical skills necessary to communicate the gospel message to the world. Matthew 28:19-20.

b.

Help students to strengthen their personal relationship with Jesus Christ.

c.

Train students to integrate their faith with their life, work, or careers.

17.

According to a research analyst report from the Connecticut General Assembly, as

of 2007, “28 states exempt religious schools or bible colleges from their higher education licensing, certification or accreditation process.” (see http://www.cga.ct.gov/2007/rpt/2007-R0023.htm). In Illinois, however, all degree-granting institutions which do not qualify for privileged “grandfathered” status must obtain approval from the IBHE both in order to operate and in order to grant degrees.

18.

For additional background and discussion, a Wall Street Journal article entitled

“Bible Colleges Shouldn’t Need a State Seal” has been attached. Exh. 6.

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II.

A Tale of Two Grandfathers A.

The Academic Degree Act

19.

Although the State has an extensive regulatory scheme for post-secondary

education, a significant number of Illinois colleges and universities are exempt from it. Illinois law contains two separate “grandfather” clauses which have privileged certain schools with exemptions from significant State regulations in perpetuity.

20.

The Illinois Board of Higher Education website specifically states that, “[i]n

general, Illinois institutions established prior to 1961 are ‘grandfathered’ and are not required to seek authorization from the Board to operate or establish new degree programs on their main campuses.” http://www.ibhe.org/Academic%20Affairs/Applications/Independent/FAQ.htm.

21.

Likewise, the Academic Degree Act, (“ADA”) provides that “[u]nless a degree

granting institution was authorized to operate in Illinois, or was in operation, on August 14, 1961, it shall not award any earned degree . . . .” 110 ILCS 1010/4(a). (emphasis added).

22.

Section 3 of the ADA states that “[a] degree or any object in evidence thereof

may be awarded only by a degree granting institution.”

23.

Section 2 of the ADA defines “degree granting institution” as: an educational facility maintained by any person, partnership, public or private corporation or public body and operating as a school, academy, institute, private junior college, college, university or entity of whatever kind which furnishes or offers to furnish instruction leading toward or prerequisite to an academic or professional degree beyond the secondary school level . . . .

24.

Section 2 of the ADA defines “degree” as: any designation, appellation, series of letters or words, or other symbol which signifies or purports to signify that the recipient thereof has satisfactorily completed an organized academic program of study beyond the secondary school level.

25.

Section 4(a) of the ADA specifies that: 6

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Unless a degree granting institution was authorized to operate in Illinois, or was in operation, on August 14, 1961, it shall not award any earned degree until one year after it has filed a written notice with and until such institution has received the authorization and approval of the Board.

26.

The ADA mandates that all degree-granting institutions, including religious

institutions, are required to obtain authorization in order to operate and in order to grant degrees in Illinois. A religious institution may not award an “Associate’s,” “Bachelor’s,” “Master’s,” or “Doctorate” degree in any field unless it first obtains appropriate authorization from the IBHE. However, because the ADA defines “degree” broadly, even diplomas and certificates fall within the scope of the act. (For example, the IBHE in one of its letters to Providence Baptist College, stated, “Providence Baptist College does not have Operating Authority nor does it possess Degree-Granting Authority, which is required under the aforementioned acts [ADA and PCA]. . . . If your institution does not comply, IBHE will have no choice but to refer this matter to the Consumer Fraud Section of the Office of the Illinois Attorney General.”)

B.

The Private College Act

27.

The second “grandfather” is found within the Private College Act, 110 ILCS

1005/2, which provides that: After July 17, 1945, no person or group of persons may establish and operate or be permitted to become incorporated for the purpose of operating a post-secondary educational institution without obtaining a certificate of approval from the Board so to do.

28.

110 ILCS 1005/1 of the PCA defines “post-secondary educational institution” as: a privately-operated college, junior college or university offering degrees and instruction above the high school level either in residence or by correspondence.

29.

110 ILCS 1005/1 of the PCA defines “degree” as:

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any designation, appellation, series of letters or words, or other symbol which signifies or purports to signify that the recipient thereof has satisfactorily completed an organized academic program of study beyond the secondary school level.

30.

Under the PCA, all degree-granting institutions, including religious institutions,

are required to obtain State approval to operate and grant degrees in Illinois. A religious institution may not award an “Associate’s,” “Bachelor’s,” “Master’s,” or “Doctorate” degree in any field unless it first obtains approval from the IBHE. Like the ADA, the PCA defines “degree” broadly so that even diplomas and certificates fall within the scope of the act.

31.

In order to obtain a certificate of approval, an institution must meet the adopted

standards of section 4 of the PCA. The statute provides: “Upon the filing of an application for a certificate of approval the Board shall make an examination to ascertain: 1. That each course of instruction to be offered or given is adequate, suitable, and proper; 2. That the fee to be charged for the courses of instruction, and the conditions and terms under which such fees are to be paid are reasonable; 3. That an adequate physical plant and adequate facilities are provided; 4. That the members of the teaching staff are adequately prepared to fulfill their instructional obligations; 5. That the institution does not promise or agree to any right or privilege in respect to professional examinations or to the practice of any profession in violation of the laws of this State; 6. That the institution does not offer inducements that are designed to deceive the prospective student or make any promises which it does not have the present means or ability to perform.

If the examination shows that the applicant has such qualifications a certificate of approval shall be issued.”

32.

Section 15 of the PCA, also provides that: Any person violating any provision of this Act shall be guilty of a petty offense and fined not less than $25 nor more than $100. Each day’s violation of any provision of this Act shall constitute a separate offense.

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33.

The State, therefore, has two separate grandfathering clauses, one pertaining to

granting degrees and another pertaining to operating approval.

34.

The State’s grant of “grandfathered status” under both the ADA and the PCA is

not limited to religious curriculum or religious schools, but rather encompasses all degree granting institutions across the board.

35.

Among the schools that are exempt as “grandfathered” from the ADA and the

PCA include private colleges such as Loyola University, DePaul University, Olivet-Nazarene University, Concordia University, Bradley University, Wheaton College, and Illinois College.

36.

Many of the exempt schools identify themselves as religious. Loyola University,

for example, describes itself as “Chicago’s Jesuit Catholic University . . . .” DePaul claims it is “the largest Catholic university in the nation.” Olivet-Nazarene University is a Christian university that exists to provide an “Education with a Christian Purpose.” Concordia is a Lutheran university whose motto is “Inspiring Faith, Learning and Leadership.”

37.

Because the Illinois Bible colleges in this lawsuit all began operating after 1945

and 1961, they are ineligible for “grandfathered status” under either the Academic Degree Act or the Private College Act. III. Additional Regulations and Restrictions A.

Illinois Administrative Code

38.

Regulations contained in the Illinois Administrative Code (“IAC”), 23 Ill. Adm.

Code § 1030, are also used to evaluate institutions seeking authorization to operate and grant degrees.

39.

The IAC contains, inter alia, the following requirements for IBHE approval: a.

The caliber and content of each course or program of instruction, training, or study shall be reasonable and 9

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adequate for achieving the stated degree objectives for which the course or program is offered. 23 Ill. Adm. Code § 1030.30(a)(2).

40.

b.

Degree programs must meet certain credit hour requirements. 23 Ill. Adm. Code § 1030.30(a)(2)(C).

c.

The education, experience and other qualifications of faculty, staff and instructors shall reasonably ensure that the students will receive education consistent with the objectives of the course or program of study. 23 Ill. Adm. Code § 1030.30(a)(4).

d.

At a minimum, faculty shall have a degree from an institution accredited by a U.S. Department of Education recognized accrediting body or a degree from another country evaluated for U.S. equivalency in the discipline they will teach or for which they will develop curricula at least one level above that of the courses being taught or developed. 23 Ill. Adm. Code § 1030.30(a)(4)(A).

e.

Faculty providing undergraduate general education coursework shall possess, at a minimum, a master’s degree in the field of instruction. 23 Ill. Adm. Code § 1030.30(a)(4)(A)(i).

f.

Faculty teaching in a graduate program shall have a doctorate or terminal degree in the field of instruction. 23 Ill. Adm. Code § 1030.30(a)(4)(A)(iv).

g.

Exceptions may be made for professional experience, equivalent training and other qualifications; however, these should be the exceptions and not the rule in meeting faculty qualification requirements. These exceptions for faculty may be recommended by the Board staff. 23 Ill. Adm. Code § 1030.30(a)(4)(A)(v).

Requirements a, c, and g enumerated in ¶ 39 constitute individual assessments as

defined in Employment Division v. Smith, 494 U.S. 872 (1990).

B.

Illinois Private Business and Vocational Schools Act of 2012

41.

Plaintiffs also seek a broader exemption from the Illinois Private Business and

Vocational Schools Act of 2012 (“PBVSA”), 105 ILCS 426 et seq.

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42.

Like the ADA and the PCA, the PBVSA seeks to regulate the establishment and

operation of certain educational institutions.

43.

The PBVSA provides that: No person or group of persons subject to this Act may establish and operate or be permitted to become incorporated for the purpose of operating a private business and vocational school without obtaining from the Board a permit of approval, provided that a permit of approval is not required for a program that is devoted entirely to religion or theology or a program offered by an institution operating under the authority of the Private College Act, the Academic Degree Act, or the Board of Higher Education Act.

44.

The PBVSA defines “private business and vocational school” as: an educational institution privately owned or operated by a person, partnership, corporation, or other entity offering courses of instruction for which tuition is charged, whether such courses of instruction are offered on site, through correspondence, by distance education, or by other methods, to prepare individuals to do any of the following: (1) To follow a trade or artistic occupation.

(2) To pursue a manual, mechanical, technical, industrial, business, commercial, office, personal service (other than nursing), or other non-professional occupation.

(3) To follow a profession, if the profession is not subject to licensing or registration under any existing State statute requiring the licensing or registration of persons practicing such profession or if the school is not subject to the regulation of the agency with such licensing or registration authority.

(4) To improve, enhance, or add to the skills and abilities of the individual relative to occupational responsibilities or career opportunities.

45.

The PBVSA differs from the PCA and the ADA in that it explicitly makes

exemptions for religious schools: Section 15- ““Program of study” as used in this definition means any academic program beyond the secondary school level, except for a program that is devoted entirely to religion or theology.”

Section 20- “. . . a permit of approval is not required for a program that is devoted entirely to religion or theology . . . .”

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Section 30- “For purposes of this Act, the following shall not be considered to be a private business and vocational school: (1) Any institution devoted entirely to the teaching of religion or theology.”

46.

The Plaintiffs believe that the exemption found in the PBVSA is insufficient as it

relates to religious schools which seek to offer degrees that some may view as “secular” but which incorporate significant religious or faith based instruction and are part of a comprehensive program to equip students to integrate their religion or faith into their life, career, or work.

IV.

Plaintiffs Are Substantially Burdened 47.

The Illinois Bible colleges oppose obtaining State approval in order to operate and

grant degrees for a number of reasons including, but not limited to, the following: a. Obtaining State approval in order to operate and grant degrees would interfere with the Church’s and the College’s religious liberty to direct religious education as they see fit. Seeking State approval would abdicate the Church’s ultimate authority to guide the teaching of the College. Exh. 1 at ¶ 18. b. Obtaining State approval would subordinate to the State and to the IBHE the Church’s responsibility to God in deciding how to properly educate students in religious teaching and in deciding who should do the teaching.

Exh. 2 at ¶ 24. c. Obtaining State approval and answering to the State will inevitably water down the doctrine of the College and the Church. Id. at ¶ 18. d. Obtaining State approval to operate and grant degrees would interfere with the College’s and the Church’s religious liberty to direct religious education as they see fit. The College’s religious education is predicated on the Bible and it does not wish to ascribe to the dictates of secular educational regulations. Exh. 3 at ¶ 15. e. Obtaining State approval to operate and grant degrees would impose requirements which would obstruct the College’s mission to instruct students according to the tenets of our faith by telling the College who is and who is not qualified to offer religious instruction at the College. Exh. 1 at ¶¶ 19-20; Exh. 2 at ¶¶ 21-22; Exh. 3 at ¶ 16.

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48.

Plaintiffs believe that their inability to operate and grant degrees without State

approval substantially burdens their religious exercise in a multitude of ways, including, but not limited to: a.

Creating uncertainty as to how to communicate to the students the position of the State and the status of the colleges. Students are uncertain about their education at the colleges. Exh. 1 at ¶ 25; Exh. 2 at ¶ 25; Exh. 3 at ¶ 19.

b.

Reducing the attractiveness of the colleges to potential students and their parents as well as the loss of actual students. Exh. 1 at ¶ 22; Exh. 2 at ¶ 20.

c.

Diminishing marketing appeal to potential donors/supporters and thus limiting fundraising efforts. Exh. 1 at ¶ 25; Exh. 2 at ¶ 25; Exh. 3 at ¶ 19.

d.

Restricting the colleges’ ability to compete against State approved schools or similar out-of-state schools. Exh. 1 at ¶ 22; Exh. 2 at ¶ 6; Exh 3 at ¶ 5.

e.

Denigrating the colleges by implying that they promote inferior education. Exh. 1 at ¶ 22; Exh. 2 at ¶20; Exh. 3 at ¶ 18.

f.

49.

Placing the colleges’ existence in jeopardy. Exh. 1 at ¶ 17.

Plaintiffs seek a declaratory judgment that the PCA, ADA, PBVSA, and IAC, as

applied to Bible colleges, violate the Establishment Clause, Free Exercise Clause, Free Speech Clause, and the right to Freedom of Association protected by the First Amendment to the United

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States Constitution, Article 1 of the Constitution of the State of Illinois, and the Illinois Religious Freedom Restoration Act. CAUSES OF ACTION COUNT I ESTABLISHMENT CLAUSE 50.

Plaintiffs reallege ¶¶ 1-49.

51.

At the very least, the Illinois education statutes, as set forth above, violate the

Establishment Clause of the First Amendment by setting standards for religious education.

52.

Because the Establishment Clause prohibits the government from determining

what a church should be, the government cannot determine the qualifications a cleric should have and likewise cannot set standards for religious education or training. Gonzalez v. Roman Catholic Archbishop of Manila, 280 U.S. 1, 16 (1929) (“[I]t is the function of the church authorities to determine what the essential qualifications of a chaplain are and whether the candidate possesses them.”); Lemon v. Kurtzman, 403 U.S. 602, 625 (1971) (“Under our system the choice has been made that government is to be entirely excluded from the area of religious instruction and churches excluded from the affairs of government.”).

53.

The Illinois education statutes excessively entangle the government in matters of

religious activity and constitute a flagrant violation of the Establishment Clause of the First Amendment.

54.

Defendant also runs afoul of the Establishment Clause by bestowing privileged

“grandfathered” status on certain schools which identity as religious while denying that same status to the religious schools in this lawsuit.

55.

As articulated in a case similar to the one at hand, the Texas Supreme Court

invalidated a regulatory scheme similar to the one in Illinois which preferred some manners of 14

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religious education over others. The court held that “a state preference for one model of religious education over others” is a “preference that the Establishment Clause simply does not permit.”

HEB Ministries, Inc. v. Tex. Higher Educ. Coordinating Bd., 235 S.W.3d 627, 646 (Tex. 2007) 56.

By preferring some forms of religious education (those that have privileged status

or which otherwise submit to the regulatory scheme of the State) against those which do not have privileged status and do not wish to submit their educational standards to the State, Defendant violates the Establishment Clause of the First Amendment.

WHEREFORE, Plaintiffs respectfully pray that the Court grant the relief set forth in the prayer for relief.

COUNT II FREE EXERCISE OF RELIGION 57.

Plaintiffs reallege ¶¶ 1-49.

58.

The Illinois education statutes constitute an infringement of the Bible colleges’

rights to the Free Exercise of Religion under both the First Amendment to the United States Constitution and Article I of the Constitution of the State of Illinois.

59.

By bestowing privileged “grandfathered” status on schools operating before 1945

and 1961, while denying it to schools after 1945 and 1961, the State has established categorical exemptions, thus demonstrating that the regulations are neither neutral nor generally applicable.

The State’s regulations are therefore subject to strict scrutiny.

60.

The IBHE cannot prove that it has compelling interest with which to justify its

insistence that Illinois Bible colleges obtain State approval from the agency before they can operate and grant degrees.

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61.

Similarly, the IBHE cannot prove that requiring Illinois Bible colleges to obtain

State approval before they can operate and grant degrees is the narrowest alternative to achieving any governmental interest.

WHEREFORE, Plaintiffs respectfully pray that the Court grant the relief set forth in the prayer for relief.

COUNT III FREEDOM OF SPEECH 62.

Plaintiffs reallege ¶¶ 1-49.

63.

Illinois Bible colleges’ speech activities—teaching, worship, prayer, labeling, and

titling—are protected under the Free Speech Clause of the First Amendment and Article I of the Constitution of the State of Illinois.

64.

In prohibiting and/or unreasonably limiting, through its application of the Illinois

Administrative Code (“IAC”), Illinois Bible colleges’ ability to engage in such speech activity by using words like “degree” to mark student achievement, the IBHE has restricted the colleges’ free speech.

65.

The IBHE’s application of the IAC to Illinois Bible colleges violates the Free

Speech Clause of the First Amendment to the United States Constitution as incorporated and applied to the states through the Fourteenth Amendment, as well as Article I of the Constitution of the State of Illinois.

WHEREFORE, Plaintiffs respectfully pray that the Court grant the relief set forth in the prayer for relief.

COUNT IV FREEDOM OF ASSOCIATION 66.

Plaintiffs reallege ¶¶ 1-49.

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67.

The Illinois regulatory scheme constitutes an infringement on the Plaintiffs’

rights to Freedom of Association which is protected by the First Amendment.

68.

By restricting Plaintiffs’ ability to operate and grant degrees, the IBHE is

restricting the ability of the colleges, students, faculty, and communities to freely associate with one another.

69.

“It is beyond debate that freedom to engage in association for the advancement of

beliefs and ideas is an inseparable aspect of the ‘liberty’ assured by the Due Process Clause of the Fourteenth Amendment, which embraces freedom of speech.” NAACP v. Ala. ex rel.

Patterson, 357 U.S. 449, 460, 78 S.Ct. 1163, 1171 (1958).

70.

Because the IBHE’s regulatory scheme restricts Plaintiffs’ ability to “associate for

the purpose of engaging in protected speech or religious activities,” Plaintiffs’ rights to Freedom of Association are violated. Bd. of Dirs. of Rotary Int'l v. Rotary Club of Duarte, 481 U.S. 537, 544, 107 S.Ct. 1940, 1945 (1987).

COUNT V ILLINOIS RELIGIOUS FREEDOM RESTORATION ACT 71.

Plaintiffs reallege ¶¶ 1-49.

72.

The Illinois education statutes, as set forth above, constitute an infringement of

Illinois Bible colleges’ First Amendment rights to the Free Exercise of Religion as contemplated

by IRFRA. 73.

Section 15 of the Illinois Religious Freedom Restoration Act of 1998 (“IRFRA”),

775 ILCS 35/15, states: Free exercise of religion protected. Government may not substantially burden a person’s exercise of religion, even if the burden results from a rule of general applicability, unless it demonstrates that application of the burden to the person (i) is in furtherance of a compelling governmental 17

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interest and (ii) is the least restrictive means of furthering that compelling governmental interest.

74.

According to 775 ILCS 35/20 of IRFRA, a claim may be raised under IRFRA in

this case: Judicial relief. If a person’s exercise of religion has been burdened in violation of this Act, that person may assert that violation as a claim or defense in a judicial proceeding and may obtain appropriate relief against a government. A party who prevails in an action to enforce this Act against a government is entitled to recover attorney’s fees and costs incurred in maintaining the claim or defense.

75.

As demonstrated in paragraphs 47 and 48 above, the IBHE’s legal position

substantially burdens Illinois Bible colleges’ free exercise of religion.

WHEREFORE, Plaintiffs respectfully pray that the Court grant the relief set forth in the prayer for relief.

COUNT VI EQUAL PROTECTION 76.

Plaintiffs reallege ¶¶ 1-49.

77.

The U.S. Supreme Court has recognized that “the right to work for a living in the

common occupations of the community is of the very essence of the personal freedom and opportunity that it was the purpose of the Amendment to secure.” Truax v. Raich, 239 U.S. 33, 41 (1915).

78.

In prohibiting college students from obtaining degrees from religious

postsecondary educational institutions which the IBHE has not “approved,” the State is inhibiting their ability to earn a living by making their education less valuable to the community.

79.

Furthermore, by carving out exceptions for certain schools while denying those

exceptions to Illinois Bible colleges, the Illinois Bible colleges are treated on a less than equal basis.

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WHEREFORE, Plaintiffs respectfully pray that the Court grant the relief set forth in the prayer for relief.

PRAYER FOR RELIEF WHEREFORE, Plaintiffs respectfully request that the Court: A. Enter a declaratory judgment that Illinois Bible colleges may create and operate religious post-secondary degree granting educational institutions without obtaining State approval from the Illinois Board of Higher Education; B. Enter a declaratory judgment that the Illinois Private Colleges Act, 110 ILCS 1005/.01 et seq, the Illinois Academic Degree Act, 110 ILCS 1010/0.01 et seq, and the Illinois Private Business and Vocational Schools Act of 2012, 105 ILCS 426 et seq, as applied to Illinois Bible colleges, violate the: •

Establishment Clause, Free Exercise Clause, Free Speech Clause and the right to Freedom of Association protected by the First Amendment to the United States Constitution (“Constitutional Provisions”),

•

Article 1 of the Constitution of the State of Illinois, and the

•

Illinois Religious Freedom Restoration Act (“IRFRA”);

C. Enter a declaratory judgment that the Illinois Bible colleges are allowed to operate and can grant the same types of degrees that privileged “grandfathered” schools grant so long as the education incorporates significant religious or faith based instruction and is part of a comprehensive program to equip the student to integrate his or her religion or faith into his or her life, career, or work.

D. Enter a declaratory judgment that the regulatory scheme contained in the Illinois Administrative Code (“IAC”), 23 Ill. Adm. Code § 1030, as applied to Illinois Bible colleges,

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violate the Constitutional Provisions, Article 1 of the Constitution of the State of Illinois, and IRFRA. E. Enter a declaratory judgment enjoining Defendant in her official capacity and her successors from requiring State approval from the IBHE for any faith based educational institution which seeks to offer the same type of degrees that privileged “grandfathered schools” offer.

F. Enter a declaratory judgment declaring that the Constitutional Provisions and the corresponding clauses of the Illinois Constitution allow religious post-secondary educational institutions in Illinois to operate as colleges and to use the terms “Associate’s,” “Bachelor’s,” “Master’s,” or “Doctorate” in the granting of degrees G. Enter a declaratory judgment declaring that the degrees which this Court may rule that Plaintiffs are allowed to award, may also be granted retroactively to the prior graduating classes of the educational institutions if the institutions judge such degrees to have been earned in effect.

H. Award attorney fees, expenses and costs to Plaintiffs pursuant to 42 U.S.C. §1988(b); and I. Award any other relief this Court deems just.

Dated: April 24, 2015

Respectfully submitted, MAUCK & BAKER, LLC

John W. Mauck Noel W. Sterett Sorin A. Leahu Mauck & Baker, LLC One North LaSalle Street, Suite 600 Chicago, Illinois 60602 Telephone: (312) 726-1243 Facsimile: (866) 619-8661 jmauck@mauckbaker.com nsterett@mauckbaker.com sleahu@mauckbaker.com Attorneys for Plaintiffs

/s/ John W. Mauck___ Attorneys for Plaintiffs Erik W. Stanley Byron J. Babione Alliance Defending Freedom 15100 North 90th Street Scottsdale, Arizona 85260 Telephone: (480) 444-0020 Facsimile: (480) 444-0028 estanley@alliancedefendingfreedom.org bbabione@alliancedefendingfreedom.org Attorneys for Plaintiffs

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EXHIBIT 1

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IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS

ILLINOIS BIBLE COLLEGES ASSOCIATION, on its own behalf and on behalf of students who seek or may seek religious education from Illinois Bible colleges, PROVIDENCE BAPTIST COLLEGE, DAYSPRING BIBLE COLLEGE & SEMINARY, UNITED FAITH CHRISTIAN INSTITTUE AND BIBLE COLLEGE, CIVIL LIBERTIES FOR URBAN BELIEVERS, LEIGH PIETSCH

Plaintiffs, v.

LINDSAY K. H. ANDERSON, Chair of the Illinois Board of Higher Education, in her Official Capacity, Defendant.

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) )

Case No: 15-cv-00444 Hon. Sharon Johnson Coleman

DECLARATION OF MICHAEL HALL I, Michael Hall, make this declaration pursuant to 28 U.S.C. §1746 based on my personal knowledge and upon information and belief: 1.

I am an adult citizen of the State of Illinois and I am the Vice President of Providence Baptist College (“College”).

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2.

Providence Baptist College is located at 345 West River Road, Elgin, IL 60123.

3.

The College was established in 1998 as a post-secondary religious educational ministry of Northwest Bible Church (“Church”).

4.

The mission of the College is to provide affordable education that trains full time workers for Independent Baptist church ministry.

5.

The College is an integral part of the Church. Although the College has its own name, the College is not a separate legal entity.

6.

The Church serves as the ultimate authority of the College. The pastor of the Church, Keith Gomez, is also the President of the College.

7.

The College offers programs in religious subjects only and with the purpose of providing unique, Biblical education for individuals who feel called by God to enter into Independent Baptist ministry. These programs include:          

Secondary Christian Education Elementary Christian Education Christian Music Education Pastoral Theology Pastoral Assistant Missions Evangelism Church Secretarial Science General Biblical Studies Church Graphic Design

The College desires to offer Bachelor’s and Master’s degrees in such programs in order to more accurately describe the substance of the programs, to better compete with similar out-of-state schools, and to give its students and alumni credentials that better reflect the quality and substance of the education.

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8.

Courses at the College are ministry specific and primarily religious. The College also offers courses in grammar, history, mathematics, and science, all of which incorporate significant religious or faith based instruction and is part of a comprehensive educational program to equip students to integrate his or her religion or faith into his or her life, career or work.

9.

The College does not offer any purely secular courses, as all courses are taught from a specific Biblical basis and Christian perspective.

10.

The College has approximately 100 students and 12 faculty members. The College’s building features more than 90,000 square feet and includes, among other things, dorm rooms, classrooms, a dining facility, and a commercial kitchen.

11.

The College offers students affordable education, with tuition costing only $2,000 per semester and room and board costing $1,800 per semester.

12.

On September 21, 2009, Pastor Gomez received a letter from Mr. Arthur Sutton, Associate Director for Academic Affairs of the Illinois Board of Higher Education (“IBHE”), stating that the College has no Operating Authority or Degree-Granting Authority and that it was in violation of the Private College Act and the Academic Degree Act. Mr. Sutton threatened to submit this matter to the Consumer Fraud Section of the Office of the Illinois Attorney General. Exh. A.

13.

On October 6, 2009, I responded to Mr. Sutton’s letter and provided him with the College’s “Application for Original or Reaffirmation of Exemption from

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the Private and Vocational School Act.” The College’s exemption under that Act was originally granted on November 21, 2001. Exh. B. 14.

On March 11, 2014, the College received a letter from Dr. Daniel Cullen, Deputy Director for Academic Affairs of the IBHE, and informed the College that its request for exemption under the Private Business and Vocational School Act of 2012 was denied because the College was not devoted entirely to the teaching of religion or theology. The letter insisted that the College complete and submit an application for “Permit of Approval for a New Institution” as well as a “New Program of Study” application for each program offered at the College. The College was also informed that it had to adhere to the IBHE administrative rules. The IBHE did not explain why it no longer recognized the College’s previous exemption which was in force for 13 years. Exh. C.

15.

On March 18, 2014, I emailed Mr. James Matthew of the IBHE and informed him that the College had been operating under the religious exemption since 2001. I also attempted to correct the IBHE’s misunderstanding of the nature of the College’s programs, explaining that all of the programs are religious in nature and designed for Independent Baptist ministries. Exh. D.

16.

On May 1, 2014, I wrote Mr. James Matthew again and asked the IBHE to reconsider the College’s application for an exemption under the Private Business & Vocational School Act of 2012. I informed Mr. Matthew that the College’s exemption under that Act had been in force since 2001 and that the

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College had done everything to comply with the law. I also explained in detail how each of the College’s programs are exclusively religious in nature. Exh. E. The IBHE has not yet responded to my letters.

17.

Based upon IBHE’s September 21, 2009 letter claiming that the College has no “Operating Authority,” the March 11, 2014 letter reiterating the denial of a religious exemption, and because of the enforcement mechanisms available to the IBHE, the College’s existence is in jeopardy.

18.

The College opposes obtaining State approval in order to operate and grant degrees because doing so would interfere with the Church’s and the College’s religious liberty to direct religious education as they see fit. Seeking State approval would abdicate the Church’s ultimate authority to guide the teaching of the College.

19.

Illinois’ educational regulations, as contained in the Private College Act, the Academic Degree Act, the Private Business and Vocational School Act of 2012, and the Illinois Administrative Code, burden our religious liberty by imposing requirements which would obstruct the College’s mission to instruct students according to the tenets of our faith. For example, obtaining State approval would require that the College institute faculty members which the State deems qualified but which are wholly unqualified to teach according to tenets of our sincerely held beliefs.

20.

The Illinois Administrative Code requires that the College hire faculty members with degrees from institutions accredited by a U.S. Department of

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Education recognized accrediting body. In addition, the Code requires all faculty members to have Master’s degrees or Doctorates from such accredited schools. In essence, the State is telling the College who is and who is not qualified to offer religious instruction at the College.

21.

It would be impossible to operate under the regulations of the State and still hold true to the mission of the College and the teachings of the Church.

22.

Illinois’ educational regulations have burdened the College financially because it has lost students to similar colleges in other states that are given religious exemptions and are allowed to grant degrees. Moreover, the College’s inability to grant degrees makes it difficult for the College to attract quality students and compete with other schools. Additionally, the IBHE, through its regulations, implies that the College promotes inferior education.

23.

Even more, seeking State approval would cause the students who are currently enrolled to leave the College. The Church, the College, its members, and students are all adamantly opposed to obtaining State approval as doing so would subordinate to the State and the IBHE the Church’s responsibility to God in deciding how to properly educate students in religious teaching and in deciding who should do the teaching.

24.

Because the students of the College are members of the Church, the Church would lose a significant amount of congregants should students be forced to leave the State for other colleges.

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25.

This ordeal has caused the Church and College uncertainty as it relates to their future planning. In addition, there is great uncertainty as to how to communicate to the students the position of the State and the status of the College. Moreover, students are uncertain about their education at the College. The College has also found it difficult to market itself truthfully. As a result, the Church has suffered great anxiety over College’s future as it has invested time, money, and resources into the College for over a decade.

26.

As a believer in Jesus Christ and the Bible, and as Vice President of the College, I have a deeply-held religious belief that I am to ensure that the students enrolled are educated according to Biblical Scriptures.

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EXHIBIT 2

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IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS

ILLINOIS BIBLE COLLEGES ASSOCIATION, on its own behalf and on behalf of students who seek or may seek religious education from Illinois Bible colleges, PROVIDENCE BAPTIST COLLEGE, DAYSPRING BIBLE COLLEGE & SEMINARY, UNITED FAITH CHRISTIAN INSTITTUE AND BIBLE COLLEGE, CIVIL LIBERTIES FOR URBAN BELIEVERS, LEIGH PIETSCH

Plaintiffs, v.

LINDSAY K. H. ANDERSON, Chair of the Illinois Board of Higher Education, in her Official Capacity, Defendant.

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) )

Case No. 15-cv-00444 Hon. Sharon Johnson Coleman

DECLARATION OF DR. JIM SCUDDER, JR. I, Dr. Jim Scudder Jr., make this declaration pursuant to 28 U.S.C. §1746 based on my personal knowledge and upon information and belief: 1.

I am an adult citizen of the State of Illinois and I am the President of Dayspring Bible College and Seminary (“College”).

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2.

Dayspring Bible College and Seminary was founded in 1982 and is located at 27875 N. Fairfield Rd., Mundelein, IL 60060.

3.

The College was established in 1982 as a post-secondary religious educational ministry of Quentin Road Bible Church, now Quentin Road Bible Baptist Church.

4.

The mission of the College is to provide affordable Bible-based education to men and women who are motivated to serve God and who want to integrate their faith into whatever they do in life after graduation.

5.

The College is an integral part of the Church and the Church serves as the ultimate authority of the College. The College is also primarily financed by the Church.

6.

The College offers programs in religious subjects only. These programs include the following:    

Certificate of Biblical Studies Diploma of Biblical Studies Diploma of Biblical Education Diploma of Biblical Ministry

The College desires to offer Bachelor’s and Master’s degrees in such programs in order to more accurately describe the substance of the programs, to better compete with secular schools, and to give its students and alumni credentials that better reflect the quality and substance of the education.

7.

Courses at the College are ministry specific and primarily religious. The College also offers courses in grammar, writing, history, mathematics, science, music ministry, Christian political science, and culinary ministry, all 2

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of which incorporate significant religious or faith based instruction and are part of a comprehensive educational program to equip students to integrate his or her religion or faith into his or her life, career or work.

8.

The College does not offer any purely “secular” courses, as all courses are taught from a specific Biblical perspective and in preparation for use in religious vocation. For example, the College’s culinary courses, which some may view as purely secular, are meant to train and equip students to serve in soup kitchens, Christian camps, and Church kitchens. Moreover, the culinary courses do not form a stand-alone program; rather, they are a ministry emphasis to the “Diploma” in Biblical Ministry.

9.

The College has approximately 150 students, 4 faculty members, and 30 visiting professors. The College has eight separate buildings which contain, among other things, apartments, an activity center, a gymnasium, work-out facilities, and living areas.

10.

The College offers students affordable education, with tuition and board costing only $5,283 per semester, an amount that is further reduced through scholarships and financial aid.

11.

On March 31, 1992, the College received a letter from the Illinois Board of Higher Education (“IBHE”) stating that because the College agreed to no longer offer degrees and limit its programs to “diplomas” and “certificates” which are devoted entirely to religion or theology, the IBHE no longer required the College to seek State approval. Exh. A.

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12.

On June 12, 2013, the College received a letter from the IBHE which stated that the College was in violation of the Private College Act and the Academic Degree Act and that the it does not have Operating Authority nor DegreeGranting Authority. The IBHE threatened to refer the College to the Office of the Illinois Attorney General. Exh. B.

13.

In response, I traveled to Springfield, IL to explore the possibilities of obtaining State approval but concluded that doing so would be against the interests of the College and the Church because obtaining State approval would violate our sincerely held religious beliefs and freedoms to educate our students according to the tenets of our faith.

14.

On August 26, 2013, the IBHE wrote the College informing it that the College may continue to operate with the following conditions: (1) No programs of study may be advertised, promoted, or represented in any way as leading to undergraduate or graduate degrees; (2) “Certificates” or “diplomas” may be awarded for courses of study in religion or theology, only; (3) All marketing and informational materials, including those developed for online, broadcast or print distribution by whatever means, must remove references to degree programs and to postsecondary education in content other than religion or theology; (4) Current and prospective students must be informed that Dayspring programs of study are not IBHE-recognized degree programs and that transfer of coursework, licensure, and employment opportunities are likely to be impacted by the same. Exh. C.

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15.

On August 29, 2014, IBHE sent the College another letter as a follow-up to the August 26, 2014 letter. The IBHE once again informed the College that it must be in compliance with the Private College Act, the Academic Degree Act, and the Private Business and Vocational Schools Act of 2012. The IBHE also remarked that the list of conditions in the August 26, 2013 letter was never meant “to be an exhaustive, exclusive representation of requirements.”

Exh. D.

16.

In addition to the letter correspondences outlined above, on July 30, 2013, I met with Daniel Cullen, Deputy Director for Academic Affairs for the IBHE, who informed me that if the College wanted IBHE approval, it would have to be accredited or seeking accreditation from a U.S. Department of Education recognized accrediting agency. This policy conflicts with section 2(c) of the IBHE’s application for approval, which appears to allow for nonaccreditation, (Exh. E). This assertion also conflicts with the IBHE’s website which provides that accreditation is voluntary and distinct from State approval. (see http://www.ibhe.state.il.us/consumerinfo/authorize.htm).

17.

The College is accredited by Transworld Accrediting Commission, an agency not recognized by the Federal government and one which the College finds appropriate for that very reason.

18.

The College opposes obtaining State approval to operate and grant degrees because doing so would interfere with the Church’s and the College’s religious

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liberty to direct religious education as they see fit. Obtaining State approval and answering to the State will inevitably water down the doctrine of the College and the Church.

19.

In addition, a significant segment of the College’s students are morally opposed to obtaining State approval and would leave the College if it chose to seek State approval.

20.

The College’s inability to grant degrees has caused students to leave the College for other colleges that do grant degrees. Moreover, the College’s inability to grant degrees has made it difficult to attract quality students to the school. Additionally, the IBHE, through its regulations, implies that the College promotes inferior education and is seeking to coerce Dayspring by requiring it to communicate this as set forth in paragraph 14 above.

21.

Illinois’ educational regulations, as contained in the Private College Act, the Academic Degree Act, the Private Business and Vocational School Act of 2012, and the Illinois Administrative Code, burden the College’s and the Church’s religious liberty by imposing requirements which would obstruct the College’s mission to instruct students according to the tenets of its faith.

For example, obtaining State approval would require that the College hire faculty members which the State deems qualified but which are wholly unqualified to teach according to tenets of its sincerely held beliefs.

22.

The Illinois Administrative Code requires that the College hire faculty members with degrees from institutions accredited by a U.S. Department of

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Education recognized accrediting body. In addition, the Code requires all faculty members to have Master’s degrees or Doctorates from such accredited schools. In essence, the State is telling the College who is and who is not qualified to offer religious instruction at the College.

23.

It would be impossible to operate under the regulations of the State and still hold true to the mission of the College and the teachings of the Church.

24.

The Church, the College, its members, and students are all opposed to obtaining State approval as doing so would subordinate to the State and the IBHE the Church’s responsibility to God in deciding how to properly educate students in religious teaching and in deciding who should do the teaching.

25.

This ordeal has caused the Church and College uncertainty as it relates to their future planning. In addition, there is great uncertainty as to how to communicate to the students the position of the State and the status of the College. Moreover, students are uncertain about their education at the College and faculty members are uncertain about their positions at the College. The College has also found it difficult to market itself truthfully. As a result, the Church has suffered great anxiety over College’s future as it has invested time, money, and resources into the College.

26.

As a believer in Jesus Christ and the Bible, and as President of the College, I have a deeply-held religious belief that I am to ensure that the students enrolled are educated according to Biblical Scriptures.

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EXHIBIT 3

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IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS

ILLINOIS BIBLE COLLEGES ASSOCIATION, on its own behalf and on behalf of students who seek or may seek religious education from Illinois Bible colleges, PROVIDENCE BAPTIST COLLEGE, DAYSPRING BIBLE COLLEGE & SEMINARY, UNITED FAITH CHRISTIAN INSTITTUE AND BIBLE COLLEGE, CIVIL LIBERTIES FOR URBAN BELIEVERS, LEIGH PIETSCH

Plaintiffs, v.

LINDSAY K. H. ANDERSON, Chair of the Illinois Board of Higher Education, in her Official Capacity, Defendant.

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) )

Case No. 15-cv-00444 Hon. Sharon Johnson Coleman

AMENDED SUPPLEMENTAL DECLARATION OF BISHOP REGINALD J. SAFFO I, Bishop Reginald J. Saffo, make this declaration pursuant to 28 U.S.C. ยง1746 based on my personal knowledge and upon information and belief:

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1.

I am an adult citizen of the State of Illinois and I am the Dean and President of the United Faith Christian Institute and Bible College (“College”).

2.

The College is located at 40 S. 19th Ave. Maywood, IL 60153.

3.

The College was established in 2000 as a post-secondary religious educational ministry of the United Faith Missionary Baptist Church. (“Church”).

4.

The mission of the College is to provide affordable education in an urban context for those seeking to do ministry in the inner cities.

5.

The College offers programs in religious subjects only. These programs include one year Leadership “Certificates” in Christian Family Management, Foundational Church Ministries, Spiritual Enrichment, and Ministerial Development. The College also offers two year Undergraduate and Graduate “Certificates in Urban Ministry.” The College desires to offer Bachelor’s and Master’s degrees in such programs in order to more accurately describe the substance of the programs, to better compete with secular schools, and to give its students and alumni credentials that better reflect the quality and substance of the education.

6.

Courses at the College are ministry specific and primarily religious. The College also offers one course in writing which incorporates significant religious or faith based instruction and is part of a comprehensive educational program to equip students to integrate his or her religion or faith into his or her life, career or work.

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7.

The College does not offer any purely secular courses, as all courses are taught from a specific Biblical basis and Christian perspective.

8.

Facilities at the College are modest, with classes often meeting in the Church or a conference room within the building that houses the Church.

9.

The College offers students affordable education, with tuition costing only $700 per quarter for a Graduate Program and no more than $350 per quarter for the other programs. The College’s Leadership Program costs only $145 per course. These prices are in accordance with the College’s objective of providing quality education at affordable prices.

10.

The College originally functioned as a satellite of Aspen Christian College.

11.

On March 19, 2008, I received a letter from the Illinois Board of Higher Education, attached here as exhibit A, which stated that the College and Aspen Christian College were operating and offering degrees without State approval in violation of the Private College Act and the Academic Degree Act.

12.

On April 24, 2008, I responded to the IBHE’s letter, attached here as Exhibit B, and advised the IBHE that the College and Aspen Christian College would realign its relationship and that the College would be a stand-alone college.

In that same response, I also sought instruction from the IBHE in regards to a different arrangement with Aspen Christian College so that the College would be in full compliance, but I never received a response.

13.

On February 28, 2013, I submitted a letter to Dr. Christopher Koch, Superintendent of Education for the state of Illinois, attached here as Exhibit

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C, in which I sought clarification and instruction in regards our religious programs. I followed up on the letter with emails on April 2, 2013 and May 21, 2013, attached here as Exhibit D, yet I have still not received any response.

14.

Because the State has never responded to our requests for clarification and because we are a religious school offering solely religious programs and courses, we began offering Master’s degrees in Urban Ministry in 2014. We also plan on offering Bachelor’s degrees in Urban Ministry in the near future.

15.

The College opposes seeking State approval to operate and grant degrees because doing so would interfere with the College’s and the Church’s religious liberty to direct religious education as they see fit. The College’s religious education is predicated on the Bible and it does not wish to ascribe to the dictates of secular educational regulations.

16.

For example, The Illinois Administrative Code requires that the College hire faculty members with degrees from institutions accredited by a U.S. Department of Education recognized accrediting body. In addition, the Code requires all faculty members to have Master’s degrees or Doctorates from such accredited schools. In essence, the State is telling the College who is and who is not qualified to offer religious instruction at the College.

17.

Seeking State approval would also burden the College and its students with added costs, make the College less efficient, and limit the College’s ability to develop members of the Church.

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18.

Illinois’ educational regulations, as contained in the Private College Act, the Academic Degree Act, the Private Business and Vocational School Act of 2012, and the Illinois Administrative Code, have burdened the College financially because it has made it more difficult for the College to attract students because students believe the State is saying that the education offered by the College is inferior to secular competing colleges. These regulations, therefore, limit the College’s market of potential students.

19.

This ordeal has caused the College uncertainty as it relates to its future planning. In addition, there is great uncertainty as to how to communicate to the students the position of the State and the status of the College. Moreover, students are uncertain about their education at the College. The College has also found it difficult to market itself truthfully and reach troubled youth.

The College therefore wishes to have degree granting authority.

20.

The College has also had a great impact on the Church. All leaders at the Church must go through the Leadership Program at the College. In addition, the College has helped the Church run more efficiently and has instilled the value of education in its college-aged congregants. The Church in turn, occasionally supports the College financially. Any negative outcome for the College would have a negative effect on the Church as well.

21.

As a believer in Jesus Christ and the Bible, and as Dean and President the College, I have a deeply-held religious belief that I am to ensure that the students enrolled are educated according to Biblical Scriptures.

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Under penalties as provided by law, the undersigned certifies that the statements set forth in this instrument are true and correct, except as to matters therein stated to be on information and belief as to such matters the undersigned certifies as aforesaid that he verily believes the same to be true.

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EXHIBIT 4

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IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS

ILLINOIS BIBLE COLLEGES ASSOCIATION, on its own behalf and on behalf of students who seek or may seek religious education from Illinois Bible colleges, PROVIDENCE BAPTIST COLLEGE, DAYSPRING BIBLE COLLEGE & SEMINARY, UNITED FAITH CHRISTIAN INSTITTUE AND BIBLE COLLEGE, CIVIL LIBERTIES FOR URBAN BELIEVERS, LEIGH PIETSCH

Plaintiffs, v.

LINDSAY K. H. ANDERSON, Chair of the Illinois Board of Higher Education, in her Official Capacity, Defendant.

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) )

Case No. 15-cv-00444 Hon. Sharon Johnson Coleman

DECLARATION OF ARTHURINE WILKINSON I, Arthurine Wilkinson., make this declaration pursuant to 28 U.S.C. ยง1746 based on my personal knowledge and upon information and belief: 1.

I am an adult citizen of the State of Illinois and I am the President of the

1

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Civil Liberties for Urban Believers (“CLUB�) and Pastor of Christ Worship Center International.

2.

CLUB is an unincorporated association of churches organized to promote civil liberties for urban believers.

3.

CLUB believes that the ability to offer religious education and to characterize to students, faculty members, and their families the quality thereof by offering degrees is a fundamental civil right.

4.

CLUB desires to remove barriers to this right and to promote greater access to those who wish to take advantage of this important right.

5.

CLUB believes that it is vital to encourage churches to promote and engage in education that encompasses everything from Sunday School to postsecondary education.

6.

CLUB seeks to empower churches to create educational ministries that seek to train and equip those who are called by God to serve His Kingdom.

Unfortunately, many of these ministries cannot withstand the cost and burdens of secular regulations.

7.

Moreover, secular regulations impose an undue burden on our churches and their ministries’ religious liberty rights to determine the qualifications and standards necessary for religious education.

8.

As a believer in Jesus Christ and the Bible, I have a deeply-held religious belief that I am to ensure that the students enrolled in Bible colleges are educated according to Biblical Scriptures.

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EXHIBIT 5

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IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS

ILLINOIS BIBLE COLLEGES ASSOCIATION, on its own behalf and on behalf of students who seek or may seek religious education from Illinois Bible colleges, PROVIDENCE BAPTIST COLLEGE, DAYSPRING BIBLE COLLEGE & SEMINARY, UNITED FAITH CHRISTIAN INSTITTUE AND BIBLE COLLEGE, CIVIL LIBERTIES FOR URBAN BELIEVERS, LEIGH PIETSCH

Plaintiffs, v.

LINDSAY K. H. ANDERSON, Chair of the Illinois Board of Higher Education, in her Official Capacity, Defendant.

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) )

Case No. 15-cv-00444 Hon. Sharon Johnson Coleman

DECLARATION OF LEIGH PIETSCH I, Leigh Pietsch, make this declaration pursuant to 28 U.S.C. §1746 based on my personal knowledge and upon information and belief: 1.

I am an adult citizen of the State of Illinois and a resident of Wheaton, IL.

2.

I currently attend the Chicago campus of the Charis Bible College (“College”) located at 621 Highway 83, Suite 201, Bensenville, IL 60106.

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3.

I have been an attorney for the past 42 years but recently felt God’s call to do something more with my life. It is my belief that I have an obligation to present others the opportunity to know that they can have peace with God through Jesus Christ. In order to most effectively fulfill this obligation, I believe it is necessary to acquire the training and knowledge that the College offers.

4.

I am scheduled to graduate from the College in May 2015.

5.

The College offers programs in religious subjects only and does not offer any secular courses. The College’s programs and its charismatic underpinnings make the College a unique and ideal place to study God’s word. These characteristics set the College apart from other religious and secular colleges.

6.

The College is not accredited by any agency nor is it approved by the State to offer degrees. The College offers Certificates of Completion, a ministry license after the second year, and an apprenticeship program in the third year.

7.

The College offers students affordable education, with tuition costing only $3,450 per year.

8.

Illinois’ educational regulations, as contained in the Private College Act, the Academic Degree Act, the Private Business and Vocational School Act of 2012, and the Illinois Administrative Code, burden my ability to obtain a degree for the religious training I received at the College.

9.

A Certificate of Completion does not adequately represent the credentials and the quality of the education I received at the College.

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10.

Because of the tuition I have paid and the course work I have completed, I believe the College should be able to offer me a degree such as a Bachelor’s of Arts in Biblical Studies.

11.

The inability to obtain a degree limits my marketability and potential in ministry work.

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EXHIBIT 6

John Mauck: Bible Colleges Shouldn’t Need a State Seal - WSJ Page 1 of 4 Case: 1:15-cv-00444 Document #: 19-6 Filed: 04/24/15 Page 2 of 5 PageID #:201

This copy is for your personal, non-commercial use only. To order presentation-ready copies for distribution to your colleagues, clients or customers visit http://www.djreprints.com. http://www.wsj.com/articles/john-mauck-bible-colleges-shouldnt-need-a-state-seal-1426805663



HOUSES OF WORSHIP

Bible Colleges Shouldn’t Need a State Seal These schools offer an affordable education, but many are not allowed to award a degree.

By JOHN MAUCK March 19, 2015 6:54 p.m. ET President Obama last week directed federal agencies to change the way graduates pay back student loans, the latest in a string of measures that aim to make college more accessible and affordable. Governors across the country have echoed the president’s claims that it is time to get college costs under control. Here’s one idea that wouldn’t cost taxpayers a nickel: Stop overregulating Bible colleges.

As it stands, some state education boards are keeping Bible colleges from issuing bachelor’s, master’s and doctorate degrees. Instead, such colleges can only give out diplomas or certificates of completion. Bible colleges have an illustrious history in the U.S.—Congregationalist ministers founded Yale to equip young men for the ministry, after all—but many of today’s more than 1,000 Bible colleges are being relegated to second-class status.

http://www.wsj.com/articles/john-mauck-bible-colleges-shouldnt-need-a-state-seal-142680... 3/20/2015

John Mauck: Bible Colleges Shouldn’t Need a State Seal - WSJ Page 2 of 4 Case: 1:15-cv-00444 Document #: 19-6 Filed: 04/24/15 Page 3 of 5 PageID #:202 In Illinois, our law firm recently filed a lawsuit on behalf of three Bible colleges, with the backing of the nonprofit Alliance Defending Freedom, against the Illinois Board of Higher Education. The IBHE claims that the Bible colleges do not meet the state’s curriculum requirements, and therefore cannot issue degrees.

That claim is absurd. Receiving a tailored, specialized education should be encouraged, not stigmatized. These schools operate primarily as ministries of churches or denominations and offer two- to four-year programs to prepare high-school graduates for a variety of faith-based careers—as teachers, coaches, nonprofit workers, ministers and more.

They also tend to be

PHOTO: GETTY IMAGES

affordable: The cost of a four-year Bible college runs 30% to 50% less than most stateapproved private or public schools. For example, Dayspring Bible College and Seminary charges tuition and board of only $5,300 a semester. At Providence Baptist College, the cost is $3,800 a semester. But the nearby Northern Illinois University rakes in more than $11,000 a semester per student. Since Illinois Bible colleges can’t award degrees, the students who most need affordable education may never consider attending. For those who do head off to Bible college, the state effectively tells future employers that the education students received is inferior.

http://www.wsj.com/articles/john-mauck-bible-colleges-shouldnt-need-a-state-seal-142680... 3/20/2015

John Mauck: Bible Colleges Shouldn’t Need a State Seal - WSJ Page 3 of 4 Case: 1:15-cv-00444 Document #: 19-6 Filed: 04/24/15 Page 4 of 5 PageID #:203 Students don’t need the protection the IBHE claims to offer. Thanks to the Internet, prospective students can evaluate cost, location, facilities, faculty, course offerings and extracurricular activities; the government doesn’t need to step in with an official stamp of approval. College tuition is not all paid upfront but spread over several years. If any school is not delivering value or proves to be unsuitable for any reason, students can go elsewhere. In addition, most states, like Illinois, have strong consumer protection laws to help if the protection afforded by vigorous competition fails.

Such concerns aside, the state’s refusal to let Bible colleges use the term degree amounts to a violation of the First Amendment’s establishment clause. These schools are not “approved” to grant degrees because many reject any government interference with religious education, knowing the loss of freedom of expression and religious exercise that inevitably ensues.

This issue is not limited to Illinois; more than 20 states have similar regulations. Yet there has been some progress: In 2007, the Texas Supreme Court ruled in HEB Ministries v. Texas Higher Education Coordinating Boardthat the Lone Star state’s rule requiring approval from the state to grant degrees constituted a violation of the establishment clause. One problem, among others, was that the rule allowed the state to approve or disapprove of different kinds of religious instruction.

Chief Justice Nathan Hecht concluded: “It is hard to imagine a more active involvement in religious training than by determining whether it meets the comprehensive standards set by the [state] coordinating board, and equally hard to imagine a more direct state sponsorship of religious education than by indicating . . . on every academic award whether the state approves the programs of study.” Amen to that.

Since the Texas decision, 19 new Bible colleges have been founded, many serving AfricanAmerican and Hispanic young people. Allowing those educational opportunities to flourish will no doubt turn out to be cheaper than providing free community college for everyone.

For a cash-strapped state like Illinois, eliminating the annual cost of enforcing unnecessary regulations is worth considering, particularly for a new governor like Bruce Rauner, who seems willing to confront regulatory obsolescence. But most important, allowing Bible colleges to offer degrees is an opportunity for states to extend affordable education—and consequently, upward mobility—to young people in an expensive and ever-changing higher education world.

http://www.wsj.com/articles/john-mauck-bible-colleges-shouldnt-need-a-state-seal-142680... 3/20/2015

John Mauck: Bible Colleges Shouldn’t Need a State Seal - WSJ Page 4 of 4 Case: 1:15-cv-00444 Document #: 19-6 Filed: 04/24/15 Page 5 of 5 PageID #:204 Mr. Mauck is partner at Mauck & Baker in Chicago.

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Case: 1:15-cv-00444 Document #: 19-7 Filed: 04/24/15 Page 1 of 2 PageID #:205

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS

ILLINOIS BIBLE COLLEGES ASSOCIATION, on its own behalf and on behalf of students who seek or may seek religious education from Illinois Bible colleges, PROVIDENCE BAPTIST COLLEGE, DAYSPRING BIBLE COLLEGE & SEMINARY, UNITED FAITH CHRISTIAN INSTITTUE AND BIBLE COLLEGE, CIVIL LIBERTIES FOR URBAN BELIEVERS, LEIGH PIETSCH Plaintiffs, v.

LINDSAY K. H. ANDERSON, Chair of the Illinois Board of Higher Education, in her Official Capacity, Defendant.

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) )

Case No. 15-cv-00444 Hon. Sharon Johnson Coleman

CERTIFICATE OF SERVICE I, John W. Mauck, an attorney, certify that on Friday, April 24, 2015, I caused a copy of the foregoing Plaintiffs’ First Amended Complaint for Declaratory Judgment and Injunctive Relief to be served on the person identified below via the Court’s electronic filing system.

Michael T. Dierkes Office of the Illinois Attorney General General Law Bureau 100 West Randolph Street, 13th Floor Chicago, Illinois 60601 P: (312) 814-3000 mdierkes@atg.state.il.us

Respectfully submitted this 24th day of April, 2015. s/

John W. Mauck 1

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John W. Mauck Noel W. Sterett Sorin A. Leahu Mauck & Baker, LLC One North LaSalle Street, Suite 600 Chicago, Illinois 60602 Telephone: (312) 726-1243 Facsimile: (866) 619-8661 jmauck@mauckbaker.com nsterett@mauckbaker.com sleahu@mauckbaker.com Attorneys for Plaintiffs

Erik W. Stanley Byron J. Babione Alliance Defending Freedom 15100 North 90th Street Scottsdale, Arizona 85260 Telephone: (480) 444-0020 Facsimile: (480) 444-0028 estanley@alliancedefendingfreedom.org bbabione@alliancedefendingfreedom.org Attorneys for Plaintiffs

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