S. 5573

Religious Education Fairness Act

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Sec. 2. Protection of religious exercise

Section 454(c) of the Higher Education Act of 1965 (20 U.S.C. 1087d(c)) is amended—

(1) in paragraph (2), by striking An educational program and inserting Except as provided in paragraph (8), an educational program; and

(2) by adding at the end the following:

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(8) Protection of religious exercise. An educational program at an institution is not subject to this subsection if the program is classified under the Theology and Religious Vocations or Philosophy and Religious Studies under the Classification of Instructional Programs maintained by the National Center for Education Statistics at an institution that qualifies for the religious exemption provided under section 901(a)(3) of the Education Amendments of 1972 and section 106.12(c) of title 34, Code of Federal Regulations (or a successor regulation).