US Law

theological accreditation

U.S. LAW
International Association for Christian Educational Accountability
"The Biblical Alternative to Secular Accreditation"

IACEA is not a traditional accreditation agency or body. IACEA is a INTERNATIONAL MINISTRY ASSOCIATION fulfilling the need for a Christian alternative to secular accreditation, through a process of educational evaluation.

Concerning Government:

For an excellent 10 minute video class on forms of world government with a focus on the difference between a republic and a democracy and the importance of the USA remaining a republic, Click this link: http://www.wimp.com/thegovernment/

Concerning U.S. Law:

This page contains:

1. The proposed new H.R. 4535 legislation

2. Texas Supreme Court ruling in favor of non governmentally recognized seminaries

3. The Constitution of the United States - 1st and 10th Amendments

IACEA Note: The proposed new H.R. 4535 legislation applies to secular, academic colleges and universities only and does not apply to ministries or Christian schools, Bible colleges and seminaries, whose rights are protected by the U.S. Constitution. IACEA is a, international Christian educational ministry association.

1. Proposed Legislation H.R. 4535

The following is the proposed H.R. 4535 legislation that may result in closure of many secular colleges and universities that are not recognized by the U.S. Government/ secretary of education and who by the new proposed definition are to be labeled as degree mills if they do not have government recognized accreditation. Furthermore, accreditors that are not approved by the U.S. government/ secretary of education are to be labeled accreditation mills. Bible colleges and seminaries are still supported by the U.S Constitution, to operate without the restriction of governmental oversight.

Jan 27, 2010 - Introduced in House. This is the original text of the bill as it was written by its sponsor and submitted to the House for consideration. This is the latest version of the bill currently available on GovTrack.

HR 4535 IH

111th CONGRESS

2d Session

H. R. 4535

To reduce and prevent the sale and use of fraudulent degrees in order to protect the integrity of valid higher education degrees that are used for Federal employment purposes.

IN THE HOUSE OF REPRESENTATIVES

January 27, 2010

Mr. BISHOP of New York (for himself, Ms. MCCOLLUM, and Mr. CASTLE) introduced the following bill; which was referred to the Committee on Education and Labor, and in addition to the Committees on Oversight and Government Reform, Energy and Commerce, and the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned

A BILL

To reduce and prevent the sale and use of fraudulent degrees in order to protect the integrity of valid higher education degrees that are used for Federal employment purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the ‘Diploma and Accreditation Integrity Protection Act of 2009’.

IACEA Note: The Bill violates the Tenth Amendment to the Constitution.

SEC. 2. PURPOSE; DEFINITIONS.

(a) Purpose- The purpose of this Act is to protect institutions of higher education, businesses and other employers, professional licensing boards, patients and clients of degree holders, taxpayers, and other individuals from any person claiming to possess a legitimate academic degree that in fact was issued by a fraudulent or nonexistent school, by a non-educational entity posing as a school, or by any entity in violation of Federal or State law.

(b) Definitions- In this Act:

(1) ACCREDITATION MILL- The term ‘accreditation mill’ means an education or corporate organization that offers a form of educational recognition or accreditation, for a fee or free of charge, that--

(A) extend a permanent recognition or accreditation status to an institution with few or no requirements for subsequent periodic reviews;

(B) publish a list of institutions and programs recognized or accredited by such organization that includes institutions and programs that did not apply for or otherwise request such recognition or accreditation by the organization; or

(2) DEGREE-GRANTING INSTITUTION- The term ‘degree-granting institution’ means any entity that offers or confers an academic, professional, or occupational degree, diploma, or certificate, if such degree, diploma, or certificate may be used to represent to the general public that the individual possessing such degree, diploma, or certificate has completed a program of education or training beyond secondary education.

(3) DIPLOMA MILL- The term ‘diploma mill’ means any entity that--

(A) lacks valid accreditation by an agency recognized by a Federal agency, a State government, or the Council for Higher Education Accreditation as a valid accrediting agency of institutions of higher education; and

IACEA Note: Does this imply that any quality college or university that has high standards of education through both quality curriculum and institutional professionalism and integrity, is a DIPLOMA MILL? What if the college or university has NO accreditation because it is a new school? Do government approved accreditors grant instantaneous accreditation to new schools with no experience in education? What about quality schools that cannot afford to pay up to $150,000 or more, in costs and fees to secure government approved accreditation, are they to be automatically labeled as DIPLOMA MILLS? * Christian education programs through colleges, universities, Bible colleges and seminaries are exempt from the consequences of this legislation and protected by the U.S. Constitution.

(B) offers degrees, diplomas, or certifications, for a fee, that may be used to represent to the general public that the individual possessing such a degree, diploma, or certification has completed a program of education or training beyond secondary education, but little or no education or course work is required to obtain such a degree, diploma, or certification.

IACEA Note: Agreed, (B) clearly applies to Diploma Mills.

(4) INSTITUTION OF HIGHER EDUCATION- The term ‘institution of higher education’ has the meaning given such term in section 102 of the Higher Education Act of 1965 (20 U.S.C. 1002).

SEC. 3. ACCREDITING AGENCIES.

No accrediting agency or association may be considered to be a reliable authority as to the quality of education or training offered by a degree-granting institution for any purpose related to immigration, Federal employment and hiring practices, or for any other Federal purposes, unless the agency or association is a nationally recognized accrediting agency or association recognized by the Secretary of Education pursuant to part H of title IV of the Higher Education Act of 1965 (20 U.S.C. 1099a et seq.).

IACEA Note: Does not apply to the general public.

SEC. 4. FEDERAL EMPLOYMENT.

For purposes of applying any civil service law, rule, or regulation that requires or takes into consideration a degree from an institution of higher education for purposes of appointment or promotion of, or improved pay for, a Federal employee, only a degree from a degree-granting institution that is accredited by a nationally recognized accrediting agency or association recognized by the Secretary of Education pursuant to part H of title IV of the Higher Education Act of 1965 (20 U.S.C. 1099a et seq.) shall be acceptable.

IACEA Note: Applies only to Federal employees.

SEC. 5. UNFAIR AND DECEPTIVE ACTS AND PRACTICES REGARDING DIPLOMAS AND PROFESSIONAL CERTIFICATIONS.

(a) Conduct Prohibited- Not later than 180 days after the date of enactment of this Act, the Federal Trade Commission shall initiate a rulemaking to define as an unfair and deceptive act or practice under section 18 of Federal Trade Commission Act (15 U.S.C. 57a) the following:

(1) The issuing of a degree, diploma, certificate, or any similar document by an entity that is not recognized as a legitimate postsecondary degree-granting institution by the Secretary of Education, if such degree, diploma, certificate, or similar document misrepresents, directly or indirectly, the subject matter, substance, or content of the course of study or any other material fact concerning the course of study for which such degree, diploma, certificate, or similar document was awarded.

IACEA Note: Christian educational schools and ministries are exempt and protected by the U.S. Constitutional Amendments One and Ten.

(2) The offering or conferring of an academic, professional, or occupational degree if the entity offering or conferring the degree--

(A) is not an institution of higher education; or

(B) is not accredited by-- *See Unless, below...

(i) a nationally recognized accrediting agency or association recognized by the Secretary of Education pursuant to part H of title IV of the Higher Education Act of 1965 (20 U.S.C. 1099a et seq.); or

(ii) an accrediting agency or association that is recognized as a legitimate accrediting agency or association for any purpose by any appropriate Federal agency or by the Council for Higher Education Accreditation,

Unless the entity offering or conferring such a degree clearly and conspicuously discloses, in all advertising and promotional materials that contain a reference to such a degree, that the awarding of the degree has not been so authorized or that the entity offering or conferring the degree has not been so approved or recognized.

(3) The claiming or asserting in any advertisements or promotional material of an entity offering or conferring an academic, professional, or occupational degree, that such entity has--

(A) an accredited status unless it holds accreditation from an accrediting agency that is recognized by the Secretary of Education or the Council for Higher Education Accreditation, or is recognized for any purpose by any appropriate Federal agency; or

(B) an unaccredited, but approved status that misrepresents, directly or indirectly, the nature, extent, or credibility of such approval.

(4) The issuing of any accreditation, including institutional, programmatic, or specialized accreditation, to any degree-granting institution by any entity that is not recognized for accreditation purposes by the Secretary of Education, any other appropriate Federal agency, or the Council for Higher Education Accreditation.

IACEA Note: All of the above applies to non Christian educational programs only. Christian educational schools and ministries are protected by the U.S. Constitution.

(b) Final Rule- The Commission shall issue final rules under this section not later than 18 months after the date of enactment of this Act.

(1) FEDERAL TRADE COMMISSION- In administering and enforcing the rule required under subsection (a), the Federal Trade Commission shall report regularly to the Secretary of Education any information regarding entities which the Commission knows or suspects to be in violation of such rule.

(2) SECRETARY OF EDUCATION- The Secretary of Education shall make available to the general public, in paper and electronic forms, the information reported to the Secretary in accordance with paragraph (1).

2. Texas Supreme Court Ruling in Favor of Governmentally Unrecognized Seminaries

August 31, 2007
Texas Seminaries Win Right to Offer Bible Degrees in Landmark Religious Freedoms Case
Austin-

Just this morning, the Texas Supreme Court ruled in favor of three theological seminaries in a landmark religious freedoms lawsuit challenging government interference in seminary operations. The decision in the case of HEB Ministries, Inc., et al. v. Texas Higher Education Coordinating Board, et al., overturns two lower court opinions and a Texas law which gave the state power over seminaries and their training of pastors and religious leaders for the ministry. The state had fined the Tyndale Theological Seminary $173,000.
“This decision is a huge victory for all seminaries not only in Texas but nationwide. The state has no authority or competence to control the training of pastors and ministers, and the Supreme Court rightly held so,” said Liberty Legal Institute Chief Counsel Kelly Shackelford, who argued the case along with attorney Shelby Sharpe before the high court.
Liberty Legal Institute filed suit on behalf of the Tyndale Theological Seminary in 1999, after the Texas Higher Education Coordinating Board told the seminary that it would be fined as punishment for issuing theological degrees and for calling itself a ‘seminary’ without seeking government approval of its curriculum, professors and board. The Hispanic Bible Institute in San Antonio and the Southern Bible Institute in Dallas, institutions which train Hispanic and African-American pastors, joined the suit later because they were also prevented from calling themselves seminaries or issuing theological degrees without state approval and control.
Justice Hecht announced the judgment of the Court in today’s ruling, holding that the State of Texas’ requirement for seminaries to meet certain standards before calling themselves a ‘seminary’ or offering degrees in theology “impermissibly intrudes upon religious freedom protected by the United States and Texas Constitutions.”
Eight justices agreed in part with the opinion delivered with four Justices signing on to concurrences as well.
“This ruling now gives freedom to many small seminaries that had been quashed by an attempted government takeover of religious teaching and training. We’re thrilled,” said Kelly Shackelford. “This is a landmark decision and a huge victory for religious freedom.”
The Liberty Legal Institute is a legal organization committed to the defense of religious freedoms and First Amendment rights. For more information, visit our website at www.libertylegal.org. To set up an interview, or to obtain a copy of the decision, please call Nicole Hay at (972) 423-3131 or e-mail nhay@libertylegal.org.

TEXAS SUPREME COURT
See Court Conclusion: IV
Conclusion
Accordingly, I would reverse the court of appeals judgment and vacate the fines assessed by

The Texas Higher Education Coordinating Board against HEB Ministries.
________________________________________
J. Dale Wainwright
Justice

OPINION DELIVERED: August 31, 2007

3. The Constitution of the United States - Religious Freedom Issues

First Amendment-

1 Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

IACEA Note: The First Amendment allows for freedom of religion and free exercise thereof. This means that the government cannot prevent Christians from operating Churches, Bible colleges and seminaries etc., for the purpose of edifying the members of the body of Christ through Christian educational programs. Furthermore, Christians have the right to operate associations of Christian educational institutions for the purpose of supporting the development of Biblical standards in education and promoting Christian institutional integrity for such action constitutes a ministry to Christians and Christian educators.

Tenth Amendment: Reserved Powers

10 The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.
IACEA Note: Based in the Tenth Amendment to the Constitution of the United States, the new proposed Bill H.R. 4535 should be struck down. H.R. 4535 should be shut down because there exists no sound constitutional basis or clause to support the Bill. The Tenth Amendment guarantees that the government has the right to regulate ONLY matters delegated to the government legislators by the Constitution.

IACEA Member Privleges:

All approved IACEA members are allowed to display their approved membership certificate or the IACEA LOGO signifying achievement of recognized higher standards in Christian education, on the ACCREDITATION page of their institution's website. Furthermore, such institutions can use, promote, advertise and place our Logo along with a IACEA pre approved statement regarding the institutions membership in IACEA which denotes fulfillment of higher standards of Christian educational and institutional excellence through IACEA.

accreditation, theological, non-regional

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