SB0090 EnrolledLRB103 05472 RJT 50491 b

1    AN ACT concerning education.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 1. This Act may be referred to as the Racism-Free
5Schools Law.
 
6    Section 5. The Freedom of Information Act is amended by
7changing Section 7.5 as follows:
 
8    (5 ILCS 140/7.5)
9    Sec. 7.5. Statutory exemptions. To the extent provided for
10by the statutes referenced below, the following shall be
11exempt from inspection and copying:
12        (a) All information determined to be confidential
13    under Section 4002 of the Technology Advancement and
14    Development Act.
15        (b) Library circulation and order records identifying
16    library users with specific materials under the Library
17    Records Confidentiality Act.
18        (c) Applications, related documents, and medical
19    records received by the Experimental Organ Transplantation
20    Procedures Board and any and all documents or other
21    records prepared by the Experimental Organ Transplantation
22    Procedures Board or its staff relating to applications it

 

 

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1    has received.
2        (d) Information and records held by the Department of
3    Public Health and its authorized representatives relating
4    to known or suspected cases of sexually transmissible
5    disease or any information the disclosure of which is
6    restricted under the Illinois Sexually Transmissible
7    Disease Control Act.
8        (e) Information the disclosure of which is exempted
9    under Section 30 of the Radon Industry Licensing Act.
10        (f) Firm performance evaluations under Section 55 of
11    the Architectural, Engineering, and Land Surveying
12    Qualifications Based Selection Act.
13        (g) Information the disclosure of which is restricted
14    and exempted under Section 50 of the Illinois Prepaid
15    Tuition Act.
16        (h) Information the disclosure of which is exempted
17    under the State Officials and Employees Ethics Act, and
18    records of any lawfully created State or local inspector
19    general's office that would be exempt if created or
20    obtained by an Executive Inspector General's office under
21    that Act.
22        (i) Information contained in a local emergency energy
23    plan submitted to a municipality in accordance with a
24    local emergency energy plan ordinance that is adopted
25    under Section 11-21.5-5 of the Illinois Municipal Code.
26        (j) Information and data concerning the distribution

 

 

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1    of surcharge moneys collected and remitted by carriers
2    under the Emergency Telephone System Act.
3        (k) Law enforcement officer identification information
4    or driver identification information compiled by a law
5    enforcement agency or the Department of Transportation
6    under Section 11-212 of the Illinois Vehicle Code.
7        (l) Records and information provided to a residential
8    health care facility resident sexual assault and death
9    review team or the Executive Council under the Abuse
10    Prevention Review Team Act.
11        (m) Information provided to the predatory lending
12    database created pursuant to Article 3 of the Residential
13    Real Property Disclosure Act, except to the extent
14    authorized under that Article.
15        (n) Defense budgets and petitions for certification of
16    compensation and expenses for court appointed trial
17    counsel as provided under Sections 10 and 15 of the
18    Capital Crimes Litigation Act. This subsection (n) shall
19    apply until the conclusion of the trial of the case, even
20    if the prosecution chooses not to pursue the death penalty
21    prior to trial or sentencing.
22        (o) Information that is prohibited from being
23    disclosed under Section 4 of the Illinois Health and
24    Hazardous Substances Registry Act.
25        (p) Security portions of system safety program plans,
26    investigation reports, surveys, schedules, lists, data, or

 

 

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1    information compiled, collected, or prepared by or for the
2    Department of Transportation under Sections 2705-300 and
3    2705-616 of the Department of Transportation Law of the
4    Civil Administrative Code of Illinois, the Regional
5    Transportation Authority under Section 2.11 of the
6    Regional Transportation Authority Act, or the St. Clair
7    County Transit District under the Bi-State Transit Safety
8    Act.
9        (q) Information prohibited from being disclosed by the
10    Personnel Record Review Act.
11        (r) Information prohibited from being disclosed by the
12    Illinois School Student Records Act.
13        (s) Information the disclosure of which is restricted
14    under Section 5-108 of the Public Utilities Act.
15        (t) All identified or deidentified health information
16    in the form of health data or medical records contained
17    in, stored in, submitted to, transferred by, or released
18    from the Illinois Health Information Exchange, and
19    identified or deidentified health information in the form
20    of health data and medical records of the Illinois Health
21    Information Exchange in the possession of the Illinois
22    Health Information Exchange Office due to its
23    administration of the Illinois Health Information
24    Exchange. The terms "identified" and "deidentified" shall
25    be given the same meaning as in the Health Insurance
26    Portability and Accountability Act of 1996, Public Law

 

 

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1    104-191, or any subsequent amendments thereto, and any
2    regulations promulgated thereunder.
3        (u) Records and information provided to an independent
4    team of experts under the Developmental Disability and
5    Mental Health Safety Act (also known as Brian's Law).
6        (v) Names and information of people who have applied
7    for or received Firearm Owner's Identification Cards under
8    the Firearm Owners Identification Card Act or applied for
9    or received a concealed carry license under the Firearm
10    Concealed Carry Act, unless otherwise authorized by the
11    Firearm Concealed Carry Act; and databases under the
12    Firearm Concealed Carry Act, records of the Concealed
13    Carry Licensing Review Board under the Firearm Concealed
14    Carry Act, and law enforcement agency objections under the
15    Firearm Concealed Carry Act.
16        (v-5) Records of the Firearm Owner's Identification
17    Card Review Board that are exempted from disclosure under
18    Section 10 of the Firearm Owners Identification Card Act.
19        (w) Personally identifiable information which is
20    exempted from disclosure under subsection (g) of Section
21    19.1 of the Toll Highway Act.
22        (x) Information which is exempted from disclosure
23    under Section 5-1014.3 of the Counties Code or Section
24    8-11-21 of the Illinois Municipal Code.
25        (y) Confidential information under the Adult
26    Protective Services Act and its predecessor enabling

 

 

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1    statute, the Elder Abuse and Neglect Act, including
2    information about the identity and administrative finding
3    against any caregiver of a verified and substantiated
4    decision of abuse, neglect, or financial exploitation of
5    an eligible adult maintained in the Registry established
6    under Section 7.5 of the Adult Protective Services Act.
7        (z) Records and information provided to a fatality
8    review team or the Illinois Fatality Review Team Advisory
9    Council under Section 15 of the Adult Protective Services
10    Act.
11        (aa) Information which is exempted from disclosure
12    under Section 2.37 of the Wildlife Code.
13        (bb) Information which is or was prohibited from
14    disclosure by the Juvenile Court Act of 1987.
15        (cc) Recordings made under the Law Enforcement
16    Officer-Worn Body Camera Act, except to the extent
17    authorized under that Act.
18        (dd) Information that is prohibited from being
19    disclosed under Section 45 of the Condominium and Common
20    Interest Community Ombudsperson Act.
21        (ee) Information that is exempted from disclosure
22    under Section 30.1 of the Pharmacy Practice Act.
23        (ff) Information that is exempted from disclosure
24    under the Revised Uniform Unclaimed Property Act.
25        (gg) Information that is prohibited from being
26    disclosed under Section 7-603.5 of the Illinois Vehicle

 

 

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1    Code.
2        (hh) Records that are exempt from disclosure under
3    Section 1A-16.7 of the Election Code.
4        (ii) Information which is exempted from disclosure
5    under Section 2505-800 of the Department of Revenue Law of
6    the Civil Administrative Code of Illinois.
7        (jj) Information and reports that are required to be
8    submitted to the Department of Labor by registering day
9    and temporary labor service agencies but are exempt from
10    disclosure under subsection (a-1) of Section 45 of the Day
11    and Temporary Labor Services Act.
12        (kk) Information prohibited from disclosure under the
13    Seizure and Forfeiture Reporting Act.
14        (ll) Information the disclosure of which is restricted
15    and exempted under Section 5-30.8 of the Illinois Public
16    Aid Code.
17        (mm) Records that are exempt from disclosure under
18    Section 4.2 of the Crime Victims Compensation Act.
19        (nn) Information that is exempt from disclosure under
20    Section 70 of the Higher Education Student Assistance Act.
21        (oo) Communications, notes, records, and reports
22    arising out of a peer support counseling session
23    prohibited from disclosure under the First Responders
24    Suicide Prevention Act.
25        (pp) Names and all identifying information relating to
26    an employee of an emergency services provider or law

 

 

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1    enforcement agency under the First Responders Suicide
2    Prevention Act.
3        (qq) Information and records held by the Department of
4    Public Health and its authorized representatives collected
5    under the Reproductive Health Act.
6        (rr) Information that is exempt from disclosure under
7    the Cannabis Regulation and Tax Act.
8        (ss) Data reported by an employer to the Department of
9    Human Rights pursuant to Section 2-108 of the Illinois
10    Human Rights Act.
11        (tt) Recordings made under the Children's Advocacy
12    Center Act, except to the extent authorized under that
13    Act.
14        (uu) Information that is exempt from disclosure under
15    Section 50 of the Sexual Assault Evidence Submission Act.
16        (vv) Information that is exempt from disclosure under
17    subsections (f) and (j) of Section 5-36 of the Illinois
18    Public Aid Code.
19        (ww) Information that is exempt from disclosure under
20    Section 16.8 of the State Treasurer Act.
21        (xx) Information that is exempt from disclosure or
22    information that shall not be made public under the
23    Illinois Insurance Code.
24        (yy) Information prohibited from being disclosed under
25    the Illinois Educational Labor Relations Act.
26        (zz) Information prohibited from being disclosed under

 

 

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1    the Illinois Public Labor Relations Act.
2        (aaa) Information prohibited from being disclosed
3    under Section 1-167 of the Illinois Pension Code.
4        (bbb) Information that is prohibited from disclosure
5    by the Illinois Police Training Act and the Illinois State
6    Police Act.
7        (ccc) Records exempt from disclosure under Section
8    2605-304 of the Illinois State Police Law of the Civil
9    Administrative Code of Illinois.
10        (ddd) Information prohibited from being disclosed
11    under Section 35 of the Address Confidentiality for
12    Victims of Domestic Violence, Sexual Assault, Human
13    Trafficking, or Stalking Act.
14        (eee) Information prohibited from being disclosed
15    under subsection (b) of Section 75 of the Domestic
16    Violence Fatality Review Act.
17        (fff) Images from cameras under the Expressway Camera
18    Act. This subsection (fff) is inoperative on and after
19    July 1, 2023.
20        (ggg) Information prohibited from disclosure under
21    paragraph (3) of subsection (a) of Section 14 of the Nurse
22    Agency Licensing Act.
23        (hhh) Information submitted to the Illinois Department
24    of State Police in an affidavit or application for an
25    assault weapon endorsement, assault weapon attachment
26    endorsement, .50 caliber rifle endorsement, or .50 caliber

 

 

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1    cartridge endorsement under the Firearm Owners
2    Identification Card Act.
3        (iii) Data exempt from disclosure under Section
4    2-3.196 of the School Code.
5(Source: P.A. 101-13, eff. 6-12-19; 101-27, eff. 6-25-19;
6101-81, eff. 7-12-19; 101-221, eff. 1-1-20; 101-236, eff.
71-1-20; 101-375, eff. 8-16-19; 101-377, eff. 8-16-19; 101-452,
8eff. 1-1-20; 101-466, eff. 1-1-20; 101-600, eff. 12-6-19;
9101-620, eff 12-20-19; 101-649, eff. 7-7-20; 101-652, eff.
101-1-22; 101-656, eff. 3-23-21; 102-36, eff. 6-25-21; 102-237,
11eff. 1-1-22; 102-292, eff. 1-1-22; 102-520, eff. 8-20-21;
12102-559, eff. 8-20-21; 102-813, eff. 5-13-22; 102-946, eff.
137-1-22; 102-1042, eff. 6-3-22; 102-1116, eff. 1-10-23; revised
142-13-23.)
 
15    Section 10. The School Code is amended by adding Sections
162-3.196 and 22-95 and by changing Sections 27A-5 and 34-18.62
17as follows:
 
18    (105 ILCS 5/2-3.196 new)
19    Sec. 2-3.196. Discrimination, harassment, and retaliation
20reporting.
21    (a) The requirements of this Section are subject to
22appropriation.
23    (b) The State Board of Education shall build data
24collection systems to allow the collection of data on reported

 

 

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1allegations of the conduct described in paragraph (1).
2Beginning on August 1 of the year after the systems are
3implemented and for each reporting school year beginning on
4August 1 and ending on July 31 thereafter, each school
5district, charter school, and nonpublic, nonsectarian
6elementary or secondary school shall disclose to the State
7Board of Education all of the following information:
8        (1) The total number of reported allegations of
9    discrimination, harassment, or retaliation against
10    students received by each school district, charter school,
11    or nonpublic, nonsectarian elementary or secondary school
12    during the reporting school year, defined as August 1 to
13    July 31, in each of the following categories:
14            (A) sexual harassment;
15            (B) discrimination or harassment on the basis of
16        race, color, or national origin;
17            (C) discrimination or harassment on the basis of
18        sex;
19            (D) discrimination or harassment on the basis of
20        religion;
21            (E) discrimination or harassment on the basis of
22        disability; and
23            (F) retaliation.
24        (2) The status of allegations, as of the last day of
25    the reporting period, in each category under paragraph
26    (1).

 

 

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1        Allegations shall be reported as unfounded, founded,
2    or investigation pending by the school district, charter
3    school, or nonpublic, nonsectarian elementary or secondary
4    school.
5    (c) A school district, charter school, or nonpublic,
6nonsectarian elementary or secondary school may not include in
7any disclosures required under this Section any information by
8which an individual may be personally identified, including
9the name of the victim or victims or those accused of an act of
10alleged discrimination, harassment, or retaliation.
11    (d) If a school district, charter school, or nonpublic,
12nonsectarian elementary or secondary school fails to disclose
13the information required in subsection (b) of this Section by
14July 31 of the reporting school year, the State Board of
15Education shall provide a written request for disclosure to
16the school district, charter school, or nonpublic,
17nonsectarian elementary or secondary school, thereby providing
18the period of time in which the required information must be
19disclosed. If a school district, charter school, or nonpublic,
20nonsectarian elementary or secondary school fails to disclose
21the information within 14 days after receipt of that written
22request, the State Board of Education may petition the
23Department of Human Rights to initiate a charge of a civil
24rights violation pursuant to Section 5A-102 of the Illinois
25Human Rights Act.
26    (e) The State Board of Education shall publish an annual

 

 

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1report aggregating the information reported by school
2districts, charter schools, and nonpublic, nonsectarian
3elementary or secondary schools under subsection (b) of this
4Section. Data included in the report shall not be publicly
5attributed to any individual school district, charter school,
6or nonpublic, nonsectarian elementary or secondary school. The
7report shall include the number of incidents reported between
8August 1 and July 31 of the preceding reporting school year,
9based on each of the categories identified under paragraph (1)
10of this subsection (b).
11    The annual report shall be filed with the Department of
12Human Rights and the General Assembly and made available to
13the public by July 1 of the year following the reporting school
14year. Data submitted by a school district, charter school, or
15nonpublic, nonsectarian elementary or secondary school to
16comply with this Section is confidential and exempt from the
17Freedom of Information Act.
18    (f) The State Board of Education may adopt any rules
19deemed necessary for implementation of this Section.
20    (g) This Section is repealed on July 1, 2029.
 
21    (105 ILCS 5/22-95 new)
22    Sec. 22-95. Policy on discrimination, harassment, and
23retaliation; response procedures.
24    (a) As used in this Section, "policy" means either the use
25of a singular policy or multiple policies.

 

 

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1    (b) Each school district, charter school, or nonpublic,
2nonsectarian elementary or secondary school must create,
3implement, and maintain at least one written policy that
4prohibits discrimination and harassment based on race, color,
5and national origin and prohibits retaliation. The policy may
6be included as part of a broader anti-harassment or
7anti-discrimination policy, provided that the policy
8prohibiting discrimination and harassment based on race,
9color, and national origin and retaliation shall be
10distinguished with an appropriate title, heading, or label.
11This policy must comply with and be distributed in accordance
12with all of the following:
13        (1) The policy must be in writing and must include at a
14    minimum, the following information:
15            (A) descriptions of various forms of
16        discrimination and harassment based on race, color,
17        and national origin, including examples;
18            (B) the school district's, charter school's, or
19        nonpublic, nonsectarian elementary or secondary
20        school's internal process for filing a complaint
21        regarding a violation of the policy described in this
22        subsection, or a reference to that process if
23        described elsewhere in policy;
24            (C) an overview of the school district's, charter
25        school's, or nonpublic, nonsectarian elementary or
26        secondary school's prevention and response program

 

 

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1        pursuant to subsection (c);
2            (D) potential remedies for a violation of the
3        policy described in this subsection;
4            (E) a prohibition on retaliation for making a
5        complaint or participating in the complaint process;
6            (F) the legal recourse available through the
7        Department of Human Rights and through federal
8        agencies if a school district, charter school, or
9        nonpublic, nonsectarian elementary or secondary school
10        fails to take corrective action, or a reference to
11        that process if described elsewhere in policy; and
12            (G) directions on how to contact the Department of
13        Human Rights or a reference to those directions if
14        described elsewhere in the policy.
15    The policy shall make clear that the policy does not
16    impair or otherwise diminish the rights of unionized
17    employees under federal law, State law, or a collective
18    bargaining agreement to request an exclusive bargaining
19    representative to be present during investigator
20    interviews, nor does the policy diminish any rights
21    available under the applicable negotiated collective
22    bargaining agreement, including, but not limited to, the
23    grievance procedure.
24        (2) The policy described in this subsection shall be
25    posted in a prominent and accessible location and
26    distributed in such a manner as to ensure notice of the

 

 

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1    policy to all employees. If the school district, charter
2    school, or nonpublic, nonsectarian elementary or secondary
3    school maintains an Internet website or has an employee
4    Intranet, the website or Intranet shall be considered a
5    prominent and accessible location for the purpose of this
6    paragraph (2). Posting and distribution shall be
7    effectuated by the beginning of the 2024-2025 school year
8    and shall occur annually thereafter.
9        (3) The policy described in this subsection shall be
10    published on the school district's, charter school's, or
11    nonpublic, nonsectarian elementary or secondary school's
12    Internet website, if one exists, and in a student
13    handbook, if one exists. A summary of the policy in
14    accessible, age-appropriate language shall be distributed
15    annually to students and to the parents or guardians of
16    minor students. School districts, charter schools, and
17    nonpublic, nonsectarian elementary or secondary schools
18    shall provide a summary of the policy in the parent or
19    guardian's native language. For the annual distribution of
20    the summary, inclusion of the summary in a student
21    handbook is deemed compliant.
22    (c) Each school district, charter school, and nonpublic,
23nonsectarian elementary or secondary school must establish
24procedures for responding to complaints of discrimination and
25harassment based on race, color, and national origin and
26retaliation. These procedures must comply with subsection (b)

 

 

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1of this Section. Based on these procedures, school districts,
2charter schools, and nonpublic, nonsectarian elementary or
3secondary schools:
4        (1) shall reduce or remove, to the extent practicable,
5    barriers to reporting discrimination, harassment, and
6    retaliation;
7        (2) shall permit any person who reports or is the
8    victim of an incident of alleged discrimination,
9    harassment, or retaliation to be accompanied when making a
10    report by a support individual of the person's choice who
11    complies with the school district's, charter school's, or
12    nonpublic, nonsectarian elementary or secondary school's
13    policies or rules;
14        (3) shall permit anonymous reporting, except that this
15    paragraph (3) may not be construed to permit formal
16    disciplinary action solely on the basis of an anonymous
17    report;
18        (4) shall offer remedial interventions or take such
19    disciplinary action as may be appropriate on a
20    case-by-case basis;
21        (5) may offer, but not require or unduly influence, a
22    person who reports or is the victim of an incident of
23    discrimination, harassment, or retaliation the option to
24    resolve allegations directly with the offender; and
25        (6) may not cause a person who reports or is the victim
26    of an incident of discrimination, harassment, or

 

 

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1    retaliation to suffer adverse consequences as a result of
2    a report of, an investigation of, or a response to the
3    incident; this protection may not permit victims to engage
4    in retaliation against the offender or limit a school
5    district, charter school, or nonpublic, nonsectarian
6    elementary or secondary school from applying disciplinary
7    measures in response to other acts or conduct not related
8    to the process of reporting, investigating, or responding
9    to a report of an incident of discrimination, harassment,
10    or retaliation.
 
11    (105 ILCS 5/27A-5)
12    (Text of Section before amendment by P.A. 102-466 and
13102-702)
14    Sec. 27A-5. Charter school; legal entity; requirements.
15    (a) A charter school shall be a public, nonsectarian,
16nonreligious, non-home based, and non-profit school. A charter
17school shall be organized and operated as a nonprofit
18corporation or other discrete, legal, nonprofit entity
19authorized under the laws of the State of Illinois.
20    (b) A charter school may be established under this Article
21by creating a new school or by converting an existing public
22school or attendance center to charter school status.
23Beginning on April 16, 2003 (the effective date of Public Act
2493-3), in all new applications to establish a charter school
25in a city having a population exceeding 500,000, operation of

 

 

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1the charter school shall be limited to one campus. The changes
2made to this Section by Public Act 93-3 do not apply to charter
3schools existing or approved on or before April 16, 2003 (the
4effective date of Public Act 93-3).
5    (b-5) In this subsection (b-5), "virtual-schooling" means
6a cyber school where students engage in online curriculum and
7instruction via the Internet and electronic communication with
8their teachers at remote locations and with students
9participating at different times.
10    From April 1, 2013 through December 31, 2016, there is a
11moratorium on the establishment of charter schools with
12virtual-schooling components in school districts other than a
13school district organized under Article 34 of this Code. This
14moratorium does not apply to a charter school with
15virtual-schooling components existing or approved prior to
16April 1, 2013 or to the renewal of the charter of a charter
17school with virtual-schooling components already approved
18prior to April 1, 2013.
19    (c) A charter school shall be administered and governed by
20its board of directors or other governing body in the manner
21provided in its charter. The governing body of a charter
22school shall be subject to the Freedom of Information Act and
23the Open Meetings Act. No later than January 1, 2021 (one year
24after the effective date of Public Act 101-291), a charter
25school's board of directors or other governing body must
26include at least one parent or guardian of a pupil currently

 

 

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1enrolled in the charter school who may be selected through the
2charter school or a charter network election, appointment by
3the charter school's board of directors or other governing
4body, or by the charter school's Parent Teacher Organization
5or its equivalent.
6    (c-5) No later than January 1, 2021 (one year after the
7effective date of Public Act 101-291) or within the first year
8of his or her first term, every voting member of a charter
9school's board of directors or other governing body shall
10complete a minimum of 4 hours of professional development
11leadership training to ensure that each member has sufficient
12familiarity with the board's or governing body's role and
13responsibilities, including financial oversight and
14accountability of the school, evaluating the principal's and
15school's performance, adherence to the Freedom of Information
16Act and the Open Meetings Act, and compliance with education
17and labor law. In each subsequent year of his or her term, a
18voting member of a charter school's board of directors or
19other governing body shall complete a minimum of 2 hours of
20professional development training in these same areas. The
21training under this subsection may be provided or certified by
22a statewide charter school membership association or may be
23provided or certified by other qualified providers approved by
24the State Board of Education.
25    (d) For purposes of this subsection (d), "non-curricular
26health and safety requirement" means any health and safety

 

 

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1requirement created by statute or rule to provide, maintain,
2preserve, or safeguard safe or healthful conditions for
3students and school personnel or to eliminate, reduce, or
4prevent threats to the health and safety of students and
5school personnel. "Non-curricular health and safety
6requirement" does not include any course of study or
7specialized instructional requirement for which the State
8Board has established goals and learning standards or which is
9designed primarily to impart knowledge and skills for students
10to master and apply as an outcome of their education.
11    A charter school shall comply with all non-curricular
12health and safety requirements applicable to public schools
13under the laws of the State of Illinois. On or before September
141, 2015, the State Board shall promulgate and post on its
15Internet website a list of non-curricular health and safety
16requirements that a charter school must meet. The list shall
17be updated annually no later than September 1. Any charter
18contract between a charter school and its authorizer must
19contain a provision that requires the charter school to follow
20the list of all non-curricular health and safety requirements
21promulgated by the State Board and any non-curricular health
22and safety requirements added by the State Board to such list
23during the term of the charter. Nothing in this subsection (d)
24precludes an authorizer from including non-curricular health
25and safety requirements in a charter school contract that are
26not contained in the list promulgated by the State Board,

 

 

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1including non-curricular health and safety requirements of the
2authorizing local school board.
3    (e) Except as otherwise provided in the School Code, a
4charter school shall not charge tuition; provided that a
5charter school may charge reasonable fees for textbooks,
6instructional materials, and student activities.
7    (f) A charter school shall be responsible for the
8management and operation of its fiscal affairs, including, but
9not limited to, the preparation of its budget. An audit of each
10charter school's finances shall be conducted annually by an
11outside, independent contractor retained by the charter
12school. The contractor shall not be an employee of the charter
13school or affiliated with the charter school or its authorizer
14in any way, other than to audit the charter school's finances.
15To ensure financial accountability for the use of public
16funds, on or before December 1 of every year of operation, each
17charter school shall submit to its authorizer and the State
18Board a copy of its audit and a copy of the Form 990 the
19charter school filed that year with the federal Internal
20Revenue Service. In addition, if deemed necessary for proper
21financial oversight of the charter school, an authorizer may
22require quarterly financial statements from each charter
23school.
24    (g) A charter school shall comply with all provisions of
25this Article, the Illinois Educational Labor Relations Act,
26all federal and State laws and rules applicable to public

 

 

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1schools that pertain to special education and the instruction
2of English learners, and its charter. A charter school is
3exempt from all other State laws and regulations in this Code
4governing public schools and local school board policies;
5however, a charter school is not exempt from the following:
6        (1) Sections 10-21.9 and 34-18.5 of this Code
7    regarding criminal history records checks and checks of
8    the Statewide Sex Offender Database and Statewide Murderer
9    and Violent Offender Against Youth Database of applicants
10    for employment;
11        (2) Sections 10-20.14, 10-22.6, 24-24, 34-19, and
12    34-84a of this Code regarding discipline of students;
13        (3) the Local Governmental and Governmental Employees
14    Tort Immunity Act;
15        (4) Section 108.75 of the General Not For Profit
16    Corporation Act of 1986 regarding indemnification of
17    officers, directors, employees, and agents;
18        (5) the Abused and Neglected Child Reporting Act;
19        (5.5) subsection (b) of Section 10-23.12 and
20    subsection (b) of Section 34-18.6 of this Code;
21        (6) the Illinois School Student Records Act;
22        (7) Section 10-17a of this Code regarding school
23    report cards;
24        (8) the P-20 Longitudinal Education Data System Act;
25        (9) Section 27-23.7 of this Code regarding bullying
26    prevention;

 

 

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1        (10) Section 2-3.162 of this Code regarding student
2    discipline reporting;
3        (11) Sections 22-80 and 27-8.1 of this Code;
4        (12) Sections 10-20.60 and 34-18.53 of this Code;
5        (13) Sections 10-20.63 and 34-18.56 of this Code;
6        (14) Sections 22-90 and 26-18 of this Code;
7        (15) Section 22-30 of this Code;
8        (16) Sections 24-12 and 34-85 of this Code;
9        (17) the Seizure Smart School Act;
10        (18) Section 2-3.64a-10 of this Code;
11        (19) Sections 10-20.73 and 34-21.9 of this Code;
12        (20) Section 10-22.25b of this Code;
13        (21) Section 27-9.1a of this Code;
14        (22) Section 27-9.1b of this Code;
15        (23) Section 34-18.8 of this Code;
16        (25) Section 2-3.188 of this Code;
17        (26) Section 22-85.5 of this Code;
18        (27) subsections Subsections (d-10), (d-15), and
19    (d-20) of Section 10-20.56 of this Code; and
20        (28) Sections 10-20.83 and 34-18.78 of this Code; .
21        (29) (27) Section 10-20.13 of this Code;
22        (30) (28) Section 28-19.2 of this Code; and
23        (31) (29) Section 34-21.6 of this Code; .
24        (33) Section 2-3.196 of this Code;
25        (34) Section 22-95 of this Code;
26        (35) Section 34-18.62 of this Code; and

 

 

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1        (36) the Illinois Human Rights Act.
2    The change made by Public Act 96-104 to this subsection
3(g) is declaratory of existing law.
4    (h) A charter school may negotiate and contract with a
5school district, the governing body of a State college or
6university or public community college, or any other public or
7for-profit or nonprofit private entity for: (i) the use of a
8school building and grounds or any other real property or
9facilities that the charter school desires to use or convert
10for use as a charter school site, (ii) the operation and
11maintenance thereof, and (iii) the provision of any service,
12activity, or undertaking that the charter school is required
13to perform in order to carry out the terms of its charter.
14However, a charter school that is established on or after
15April 16, 2003 (the effective date of Public Act 93-3) and that
16operates in a city having a population exceeding 500,000 may
17not contract with a for-profit entity to manage or operate the
18school during the period that commences on April 16, 2003 (the
19effective date of Public Act 93-3) and concludes at the end of
20the 2004-2005 school year. Except as provided in subsection
21(i) of this Section, a school district may charge a charter
22school reasonable rent for the use of the district's
23buildings, grounds, and facilities. Any services for which a
24charter school contracts with a school district shall be
25provided by the district at cost. Any services for which a
26charter school contracts with a local school board or with the

 

 

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1governing body of a State college or university or public
2community college shall be provided by the public entity at
3cost.
4    (i) In no event shall a charter school that is established
5by converting an existing school or attendance center to
6charter school status be required to pay rent for space that is
7deemed available, as negotiated and provided in the charter
8agreement, in school district facilities. However, all other
9costs for the operation and maintenance of school district
10facilities that are used by the charter school shall be
11subject to negotiation between the charter school and the
12local school board and shall be set forth in the charter.
13    (j) A charter school may limit student enrollment by age
14or grade level.
15    (k) If the charter school is approved by the State Board or
16Commission, then the charter school is its own local education
17agency.
18(Source: P.A. 101-50, eff. 7-1-20; 101-81, eff. 7-12-19;
19101-291, eff. 1-1-20; 101-531, eff. 8-23-19; 101-543, eff.
208-23-19; 101-654, eff. 3-8-21; 102-51, eff. 7-9-21; 102-157,
21eff. 7-1-22; 102-360, eff. 1-1-22; 102-445, eff. 8-20-21;
22102-522, eff. 8-20-21; 102-558, eff. 8-20-21; 102-676, eff.
2312-3-21; 102-697, eff. 4-5-22; 102-805, eff. 1-1-23; 102-813,
24eff. 5-13-22; revised 12-13-22.)
 
25    (Text of Section after amendment by P.A. 102-702 but

 

 

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1before amendment by P.A. 102-466)
2    Sec. 27A-5. Charter school; legal entity; requirements.
3    (a) A charter school shall be a public, nonsectarian,
4nonreligious, non-home based, and non-profit school. A charter
5school shall be organized and operated as a nonprofit
6corporation or other discrete, legal, nonprofit entity
7authorized under the laws of the State of Illinois.
8    (b) A charter school may be established under this Article
9by creating a new school or by converting an existing public
10school or attendance center to charter school status.
11Beginning on April 16, 2003 (the effective date of Public Act
1293-3), in all new applications to establish a charter school
13in a city having a population exceeding 500,000, operation of
14the charter school shall be limited to one campus. The changes
15made to this Section by Public Act 93-3 do not apply to charter
16schools existing or approved on or before April 16, 2003 (the
17effective date of Public Act 93-3).
18    (b-5) In this subsection (b-5), "virtual-schooling" means
19a cyber school where students engage in online curriculum and
20instruction via the Internet and electronic communication with
21their teachers at remote locations and with students
22participating at different times.
23    From April 1, 2013 through December 31, 2016, there is a
24moratorium on the establishment of charter schools with
25virtual-schooling components in school districts other than a
26school district organized under Article 34 of this Code. This

 

 

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1moratorium does not apply to a charter school with
2virtual-schooling components existing or approved prior to
3April 1, 2013 or to the renewal of the charter of a charter
4school with virtual-schooling components already approved
5prior to April 1, 2013.
6    (c) A charter school shall be administered and governed by
7its board of directors or other governing body in the manner
8provided in its charter. The governing body of a charter
9school shall be subject to the Freedom of Information Act and
10the Open Meetings Act. No later than January 1, 2021 (one year
11after the effective date of Public Act 101-291), a charter
12school's board of directors or other governing body must
13include at least one parent or guardian of a pupil currently
14enrolled in the charter school who may be selected through the
15charter school or a charter network election, appointment by
16the charter school's board of directors or other governing
17body, or by the charter school's Parent Teacher Organization
18or its equivalent.
19    (c-5) No later than January 1, 2021 (one year after the
20effective date of Public Act 101-291) or within the first year
21of his or her first term, every voting member of a charter
22school's board of directors or other governing body shall
23complete a minimum of 4 hours of professional development
24leadership training to ensure that each member has sufficient
25familiarity with the board's or governing body's role and
26responsibilities, including financial oversight and

 

 

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1accountability of the school, evaluating the principal's and
2school's performance, adherence to the Freedom of Information
3Act and the Open Meetings Act, and compliance with education
4and labor law. In each subsequent year of his or her term, a
5voting member of a charter school's board of directors or
6other governing body shall complete a minimum of 2 hours of
7professional development training in these same areas. The
8training under this subsection may be provided or certified by
9a statewide charter school membership association or may be
10provided or certified by other qualified providers approved by
11the State Board of Education.
12    (d) For purposes of this subsection (d), "non-curricular
13health and safety requirement" means any health and safety
14requirement created by statute or rule to provide, maintain,
15preserve, or safeguard safe or healthful conditions for
16students and school personnel or to eliminate, reduce, or
17prevent threats to the health and safety of students and
18school personnel. "Non-curricular health and safety
19requirement" does not include any course of study or
20specialized instructional requirement for which the State
21Board has established goals and learning standards or which is
22designed primarily to impart knowledge and skills for students
23to master and apply as an outcome of their education.
24    A charter school shall comply with all non-curricular
25health and safety requirements applicable to public schools
26under the laws of the State of Illinois. On or before September

 

 

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11, 2015, the State Board shall promulgate and post on its
2Internet website a list of non-curricular health and safety
3requirements that a charter school must meet. The list shall
4be updated annually no later than September 1. Any charter
5contract between a charter school and its authorizer must
6contain a provision that requires the charter school to follow
7the list of all non-curricular health and safety requirements
8promulgated by the State Board and any non-curricular health
9and safety requirements added by the State Board to such list
10during the term of the charter. Nothing in this subsection (d)
11precludes an authorizer from including non-curricular health
12and safety requirements in a charter school contract that are
13not contained in the list promulgated by the State Board,
14including non-curricular health and safety requirements of the
15authorizing local school board.
16    (e) Except as otherwise provided in the School Code, a
17charter school shall not charge tuition; provided that a
18charter school may charge reasonable fees for textbooks,
19instructional materials, and student activities.
20    (f) A charter school shall be responsible for the
21management and operation of its fiscal affairs, including, but
22not limited to, the preparation of its budget. An audit of each
23charter school's finances shall be conducted annually by an
24outside, independent contractor retained by the charter
25school. The contractor shall not be an employee of the charter
26school or affiliated with the charter school or its authorizer

 

 

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1in any way, other than to audit the charter school's finances.
2To ensure financial accountability for the use of public
3funds, on or before December 1 of every year of operation, each
4charter school shall submit to its authorizer and the State
5Board a copy of its audit and a copy of the Form 990 the
6charter school filed that year with the federal Internal
7Revenue Service. In addition, if deemed necessary for proper
8financial oversight of the charter school, an authorizer may
9require quarterly financial statements from each charter
10school.
11    (g) A charter school shall comply with all provisions of
12this Article, the Illinois Educational Labor Relations Act,
13all federal and State laws and rules applicable to public
14schools that pertain to special education and the instruction
15of English learners, and its charter. A charter school is
16exempt from all other State laws and regulations in this Code
17governing public schools and local school board policies;
18however, a charter school is not exempt from the following:
19        (1) Sections 10-21.9 and 34-18.5 of this Code
20    regarding criminal history records checks and checks of
21    the Statewide Sex Offender Database and Statewide Murderer
22    and Violent Offender Against Youth Database of applicants
23    for employment;
24        (2) Sections 10-20.14, 10-22.6, 24-24, 34-19, and
25    34-84a of this Code regarding discipline of students;
26        (3) the Local Governmental and Governmental Employees

 

 

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1    Tort Immunity Act;
2        (4) Section 108.75 of the General Not For Profit
3    Corporation Act of 1986 regarding indemnification of
4    officers, directors, employees, and agents;
5        (5) the Abused and Neglected Child Reporting Act;
6        (5.5) subsection (b) of Section 10-23.12 and
7    subsection (b) of Section 34-18.6 of this Code;
8        (6) the Illinois School Student Records Act;
9        (7) Section 10-17a of this Code regarding school
10    report cards;
11        (8) the P-20 Longitudinal Education Data System Act;
12        (9) Section 27-23.7 of this Code regarding bullying
13    prevention;
14        (10) Section 2-3.162 of this Code regarding student
15    discipline reporting;
16        (11) Sections 22-80 and 27-8.1 of this Code;
17        (12) Sections 10-20.60 and 34-18.53 of this Code;
18        (13) Sections 10-20.63 and 34-18.56 of this Code;
19        (14) Sections 22-90 and 26-18 of this Code;
20        (15) Section 22-30 of this Code;
21        (16) Sections 24-12 and 34-85 of this Code;
22        (17) the Seizure Smart School Act;
23        (18) Section 2-3.64a-10 of this Code;
24        (19) Sections 10-20.73 and 34-21.9 of this Code;
25        (20) Section 10-22.25b of this Code;
26        (21) Section 27-9.1a of this Code;

 

 

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1        (22) Section 27-9.1b of this Code;
2        (23) Section 34-18.8 of this Code; and
3        (25) Section 2-3.188 of this Code;
4        (26) Section 22-85.5 of this Code;
5        (27) subsections Subsections (d-10), (d-15), and
6    (d-20) of Section 10-20.56 of this Code; and
7        (28) Sections 10-20.83 and 34-18.78 of this Code; .
8        (29) (27) Section 10-20.13 of this Code;
9        (30) (28) Section 28-19.2 of this Code; and
10        (31) (29) Section 34-21.6 of this Code; .
11        (32) (25) Section 22-85.10 of this Code; .
12        (33) Section 2-3.196 of this Code;
13        (34) Section 22-95 of this Code;
14        (35) Section 34-18.62 of this Code; and
15        (36) the Illinois Human Rights Act.
16    The change made by Public Act 96-104 to this subsection
17(g) is declaratory of existing law.
18    (h) A charter school may negotiate and contract with a
19school district, the governing body of a State college or
20university or public community college, or any other public or
21for-profit or nonprofit private entity for: (i) the use of a
22school building and grounds or any other real property or
23facilities that the charter school desires to use or convert
24for use as a charter school site, (ii) the operation and
25maintenance thereof, and (iii) the provision of any service,
26activity, or undertaking that the charter school is required

 

 

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1to perform in order to carry out the terms of its charter.
2However, a charter school that is established on or after
3April 16, 2003 (the effective date of Public Act 93-3) and that
4operates in a city having a population exceeding 500,000 may
5not contract with a for-profit entity to manage or operate the
6school during the period that commences on April 16, 2003 (the
7effective date of Public Act 93-3) and concludes at the end of
8the 2004-2005 school year. Except as provided in subsection
9(i) of this Section, a school district may charge a charter
10school reasonable rent for the use of the district's
11buildings, grounds, and facilities. Any services for which a
12charter school contracts with a school district shall be
13provided by the district at cost. Any services for which a
14charter school contracts with a local school board or with the
15governing body of a State college or university or public
16community college shall be provided by the public entity at
17cost.
18    (i) In no event shall a charter school that is established
19by converting an existing school or attendance center to
20charter school status be required to pay rent for space that is
21deemed available, as negotiated and provided in the charter
22agreement, in school district facilities. However, all other
23costs for the operation and maintenance of school district
24facilities that are used by the charter school shall be
25subject to negotiation between the charter school and the
26local school board and shall be set forth in the charter.

 

 

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1    (j) A charter school may limit student enrollment by age
2or grade level.
3    (k) If the charter school is approved by the State Board or
4Commission, then the charter school is its own local education
5agency.
6(Source: P.A. 101-50, eff. 7-1-20; 101-81, eff. 7-12-19;
7101-291, eff. 1-1-20; 101-531, eff. 8-23-19; 101-543, eff.
88-23-19; 101-654, eff. 3-8-21; 102-51, eff. 7-9-21; 102-157,
9eff. 7-1-22; 102-360, eff. 1-1-22; 102-445, eff. 8-20-21;
10102-522, eff. 8-20-21; 102-558, eff. 8-20-21; 102-676, eff.
1112-3-21; 102-697, eff. 4-5-22; 102-702, eff. 7-1-23; 102-805,
12eff. 1-1-23; 102-813, eff. 5-13-22; revised 12-13-22.)
 
13    (Text of Section after amendment by P.A. 102-466)
14    Sec. 27A-5. Charter school; legal entity; requirements.
15    (a) A charter school shall be a public, nonsectarian,
16nonreligious, non-home based, and non-profit school. A charter
17school shall be organized and operated as a nonprofit
18corporation or other discrete, legal, nonprofit entity
19authorized under the laws of the State of Illinois.
20    (b) A charter school may be established under this Article
21by creating a new school or by converting an existing public
22school or attendance center to charter school status.
23Beginning on April 16, 2003 (the effective date of Public Act
2493-3), in all new applications to establish a charter school
25in a city having a population exceeding 500,000, operation of

 

 

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1the charter school shall be limited to one campus. The changes
2made to this Section by Public Act 93-3 do not apply to charter
3schools existing or approved on or before April 16, 2003 (the
4effective date of Public Act 93-3).
5    (b-5) In this subsection (b-5), "virtual-schooling" means
6a cyber school where students engage in online curriculum and
7instruction via the Internet and electronic communication with
8their teachers at remote locations and with students
9participating at different times.
10    From April 1, 2013 through December 31, 2016, there is a
11moratorium on the establishment of charter schools with
12virtual-schooling components in school districts other than a
13school district organized under Article 34 of this Code. This
14moratorium does not apply to a charter school with
15virtual-schooling components existing or approved prior to
16April 1, 2013 or to the renewal of the charter of a charter
17school with virtual-schooling components already approved
18prior to April 1, 2013.
19    (c) A charter school shall be administered and governed by
20its board of directors or other governing body in the manner
21provided in its charter. The governing body of a charter
22school shall be subject to the Freedom of Information Act and
23the Open Meetings Act. No later than January 1, 2021 (one year
24after the effective date of Public Act 101-291), a charter
25school's board of directors or other governing body must
26include at least one parent or guardian of a pupil currently

 

 

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1enrolled in the charter school who may be selected through the
2charter school or a charter network election, appointment by
3the charter school's board of directors or other governing
4body, or by the charter school's Parent Teacher Organization
5or its equivalent.
6    (c-5) No later than January 1, 2021 (one year after the
7effective date of Public Act 101-291) or within the first year
8of his or her first term, every voting member of a charter
9school's board of directors or other governing body shall
10complete a minimum of 4 hours of professional development
11leadership training to ensure that each member has sufficient
12familiarity with the board's or governing body's role and
13responsibilities, including financial oversight and
14accountability of the school, evaluating the principal's and
15school's performance, adherence to the Freedom of Information
16Act and the Open Meetings Act, and compliance with education
17and labor law. In each subsequent year of his or her term, a
18voting member of a charter school's board of directors or
19other governing body shall complete a minimum of 2 hours of
20professional development training in these same areas. The
21training under this subsection may be provided or certified by
22a statewide charter school membership association or may be
23provided or certified by other qualified providers approved by
24the State Board of Education.
25    (d) For purposes of this subsection (d), "non-curricular
26health and safety requirement" means any health and safety

 

 

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1requirement created by statute or rule to provide, maintain,
2preserve, or safeguard safe or healthful conditions for
3students and school personnel or to eliminate, reduce, or
4prevent threats to the health and safety of students and
5school personnel. "Non-curricular health and safety
6requirement" does not include any course of study or
7specialized instructional requirement for which the State
8Board has established goals and learning standards or which is
9designed primarily to impart knowledge and skills for students
10to master and apply as an outcome of their education.
11    A charter school shall comply with all non-curricular
12health and safety requirements applicable to public schools
13under the laws of the State of Illinois. On or before September
141, 2015, the State Board shall promulgate and post on its
15Internet website a list of non-curricular health and safety
16requirements that a charter school must meet. The list shall
17be updated annually no later than September 1. Any charter
18contract between a charter school and its authorizer must
19contain a provision that requires the charter school to follow
20the list of all non-curricular health and safety requirements
21promulgated by the State Board and any non-curricular health
22and safety requirements added by the State Board to such list
23during the term of the charter. Nothing in this subsection (d)
24precludes an authorizer from including non-curricular health
25and safety requirements in a charter school contract that are
26not contained in the list promulgated by the State Board,

 

 

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1including non-curricular health and safety requirements of the
2authorizing local school board.
3    (e) Except as otherwise provided in the School Code, a
4charter school shall not charge tuition; provided that a
5charter school may charge reasonable fees for textbooks,
6instructional materials, and student activities.
7    (f) A charter school shall be responsible for the
8management and operation of its fiscal affairs, including, but
9not limited to, the preparation of its budget. An audit of each
10charter school's finances shall be conducted annually by an
11outside, independent contractor retained by the charter
12school. The contractor shall not be an employee of the charter
13school or affiliated with the charter school or its authorizer
14in any way, other than to audit the charter school's finances.
15To ensure financial accountability for the use of public
16funds, on or before December 1 of every year of operation, each
17charter school shall submit to its authorizer and the State
18Board a copy of its audit and a copy of the Form 990 the
19charter school filed that year with the federal Internal
20Revenue Service. In addition, if deemed necessary for proper
21financial oversight of the charter school, an authorizer may
22require quarterly financial statements from each charter
23school.
24    (g) A charter school shall comply with all provisions of
25this Article, the Illinois Educational Labor Relations Act,
26all federal and State laws and rules applicable to public

 

 

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1schools that pertain to special education and the instruction
2of English learners, and its charter. A charter school is
3exempt from all other State laws and regulations in this Code
4governing public schools and local school board policies;
5however, a charter school is not exempt from the following:
6        (1) Sections 10-21.9 and 34-18.5 of this Code
7    regarding criminal history records checks and checks of
8    the Statewide Sex Offender Database and Statewide Murderer
9    and Violent Offender Against Youth Database of applicants
10    for employment;
11        (2) Sections 10-20.14, 10-22.6, 24-24, 34-19, and
12    34-84a of this Code regarding discipline of students;
13        (3) the Local Governmental and Governmental Employees
14    Tort Immunity Act;
15        (4) Section 108.75 of the General Not For Profit
16    Corporation Act of 1986 regarding indemnification of
17    officers, directors, employees, and agents;
18        (5) the Abused and Neglected Child Reporting Act;
19        (5.5) subsection (b) of Section 10-23.12 and
20    subsection (b) of Section 34-18.6 of this Code;
21        (6) the Illinois School Student Records Act;
22        (7) Section 10-17a of this Code regarding school
23    report cards;
24        (8) the P-20 Longitudinal Education Data System Act;
25        (9) Section 27-23.7 of this Code regarding bullying
26    prevention;

 

 

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1        (10) Section 2-3.162 of this Code regarding student
2    discipline reporting;
3        (11) Sections 22-80 and 27-8.1 of this Code;
4        (12) Sections 10-20.60 and 34-18.53 of this Code;
5        (13) Sections 10-20.63 and 34-18.56 of this Code;
6        (14) Sections 22-90 and 26-18 of this Code;
7        (15) Section 22-30 of this Code;
8        (16) Sections 24-12 and 34-85 of this Code;
9        (17) the Seizure Smart School Act;
10        (18) Section 2-3.64a-10 of this Code;
11        (19) Sections 10-20.73 and 34-21.9 of this Code;
12        (20) Section 10-22.25b of this Code;
13        (21) Section 27-9.1a of this Code;
14        (22) Section 27-9.1b of this Code;
15        (23) Section 34-18.8 of this Code;
16        (24) Article 26A of this Code; and
17        (25) Section 2-3.188 of this Code;
18        (26) Section 22-85.5 of this Code;
19        (27) subsections Subsections (d-10), (d-15), and
20    (d-20) of Section 10-20.56 of this Code; and
21        (28) Sections 10-20.83 and 34-18.78 of this Code; .
22        (29) (27) Section 10-20.13 of this Code;
23        (30) (28) Section 28-19.2 of this Code; and
24        (31) (29) Section 34-21.6 of this Code.
25        (32) (25) Section 22-85.10 of this Code; .
26        (33) Section 2-3.196 of this Code;

 

 

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1        (34) Section 22-95 of this Code;
2        (35) Section 34-18.62 of this Code; and
3        (36) the Illinois Human Rights Act.
4    The change made by Public Act 96-104 to this subsection
5(g) is declaratory of existing law.
6    (h) A charter school may negotiate and contract with a
7school district, the governing body of a State college or
8university or public community college, or any other public or
9for-profit or nonprofit private entity for: (i) the use of a
10school building and grounds or any other real property or
11facilities that the charter school desires to use or convert
12for use as a charter school site, (ii) the operation and
13maintenance thereof, and (iii) the provision of any service,
14activity, or undertaking that the charter school is required
15to perform in order to carry out the terms of its charter.
16However, a charter school that is established on or after
17April 16, 2003 (the effective date of Public Act 93-3) and that
18operates in a city having a population exceeding 500,000 may
19not contract with a for-profit entity to manage or operate the
20school during the period that commences on April 16, 2003 (the
21effective date of Public Act 93-3) and concludes at the end of
22the 2004-2005 school year. Except as provided in subsection
23(i) of this Section, a school district may charge a charter
24school reasonable rent for the use of the district's
25buildings, grounds, and facilities. Any services for which a
26charter school contracts with a school district shall be

 

 

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1provided by the district at cost. Any services for which a
2charter school contracts with a local school board or with the
3governing body of a State college or university or public
4community college shall be provided by the public entity at
5cost.
6    (i) In no event shall a charter school that is established
7by converting an existing school or attendance center to
8charter school status be required to pay rent for space that is
9deemed available, as negotiated and provided in the charter
10agreement, in school district facilities. However, all other
11costs for the operation and maintenance of school district
12facilities that are used by the charter school shall be
13subject to negotiation between the charter school and the
14local school board and shall be set forth in the charter.
15    (j) A charter school may limit student enrollment by age
16or grade level.
17    (k) If the charter school is approved by the State Board or
18Commission, then the charter school is its own local education
19agency.
20(Source: P.A. 101-50, eff. 7-1-20; 101-81, eff. 7-12-19;
21101-291, eff. 1-1-20; 101-531, eff. 8-23-19; 101-543, eff.
228-23-19; 101-654, eff. 3-8-21; 102-51, eff. 7-9-21; 102-157,
23eff. 7-1-22; 102-360, eff. 1-1-22; 102-445, eff. 8-20-21;
24102-466, eff. 7-1-25; 102-522, eff. 8-20-21; 102-558, eff.
258-20-21; 102-676, eff. 12-3-21; 102-697, eff. 4-5-22; 102-702,
26eff. 7-1-23; 102-805, eff. 1-1-23; 102-813, eff. 5-13-22;

 

 

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1revised 12-13-22.)
 
2    (105 ILCS 5/34-18.62)
3    Sec. 34-18.62. Policies Policy on discrimination and
4sexual harassment; prevention and response program.
5    (a) The school district must create, maintain, and
6implement an age-appropriate policy on sexual harassment that
7must be posted on the school district's website and, if
8applicable, any other area where policies, rules, and
9standards of conduct are currently posted in each school and
10must also be included in the school district's student code of
11conduct handbook.
12    (b) The school district must create, maintain, and
13implement a policy or policies prohibiting discrimination and
14harassment based on race, color, and national origin and
15prohibiting retaliation. Such policy or policies may be
16included as part of a broader anti-harassment or
17anti-discrimination policy provided they are distinguished
18with an appropriate title, heading, or label. The policy or
19policies adopted under this subsection (b) must comply with
20and be distributed in accordance with subsection (b) of
21Section 22-95 of this Code.
22    (c) The school district must establish procedures for
23responding to complaints of discrimination and harassment
24based on race, color, and national origin, and retaliation.
25These procedures must comply with subsection (c) of Section

 

 

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122-95 of this Code.
2(Source: P.A. 101-418, eff. 1-1-20; 102-558, eff. 8-20-21.)
 
3    Section 15. The Illinois Human Rights Act is amended by
4changing Sections 1-102, 5-102.2, 5A-101, 5A-102, and 6-101
5and by adding Sections 5A-103 and 5A-104 as follows:
 
6    (775 ILCS 5/1-102)  (from Ch. 68, par. 1-102)
7    Sec. 1-102. Declaration of Policy. It is the public
8policy of this State:
9    (A) Freedom from Unlawful Discrimination. To secure for
10all individuals within Illinois the freedom from
11discrimination based on against any individual because of his
12or her race, color, religion, sex, national origin, ancestry,
13age, order of protection status, marital status, physical or
14mental disability, military status, sexual orientation,
15pregnancy, or unfavorable discharge from military service in
16connection with employment, real estate transactions, access
17to financial credit, and the availability of public
18accommodations, including in elementary, secondary, and higher
19education.
20    (B) Freedom from Sexual Harassment-Employment and
21Elementary, Secondary, and Higher Education. To prevent sexual
22harassment in employment and sexual harassment in elementary,
23secondary, and higher education.
24    (C) Freedom from Discrimination Based on Citizenship

 

 

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1Status-Employment. To prevent discrimination based on
2citizenship status in employment.
3    (C-5) Freedom from Discrimination Based on Work
4Authorization Status-Employment. To prevent discrimination
5based on the specific status or term of status that
6accompanies a legal work authorization.
7    (D) Freedom from Discrimination Based on Familial Status
8or Source of Income-Real Estate Transactions. To prevent
9discrimination based on familial status or source of income in
10real estate transactions.
11    (E) Public Health, Welfare and Safety. To promote the
12public health, welfare and safety by protecting the interest
13of all people in Illinois in maintaining personal dignity, in
14realizing their full productive capacities, and in furthering
15their interests, rights and privileges as citizens of this
16State.
17    (F) Implementation of Constitutional Guarantees. To secure
18and guarantee the rights established by Sections 17, 18 and 19
19of Article I of the Illinois Constitution of 1970.
20    (G) Equal Opportunity, Affirmative Action. To establish
21Equal Opportunity and Affirmative Action as the policies of
22this State in all of its decisions, programs and activities,
23and to assure that all State departments, boards, commissions
24and instrumentalities rigorously take affirmative action to
25provide equality of opportunity and eliminate the effects of
26past discrimination in the internal affairs of State

 

 

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1government and in their relations with the public.
2    (H) Unfounded Charges. To protect citizens of this State
3against unfounded charges of prohibited unlawful
4discrimination, sexual harassment in employment, real estate
5transactions, financial credit, and public accommodations,
6including and sexual harassment in elementary, secondary, and
7higher education, and discrimination based on citizenship
8status or work authorization status in employment.
9(Source: P.A. 102-233, eff. 8-2-21; 102-896, eff. 1-1-23.)
 
10    (775 ILCS 5/5-102.2)
11    Sec. 5-102.2. Jurisdiction limited. In regard to places of
12public accommodation defined in paragraph (11) of Section
135-101, the jurisdiction under this Article of the Department
14is limited to: (1) the failure to enroll an individual; (2) the
15denial or refusal of full and equal enjoyment of facilities,
16goods, or services; or (3) severe or pervasive harassment of
17an individual when the covered entity fails to take corrective
18action to stop the severe or pervasive harassment. This
19limitation on jurisdiction set forth in this Section does not
20apply to civil rights violations under Article 2, 3, 4, 5A, or
216.
22(Source: P.A. 102-1102, eff. 1-1-23.)
 
23    (775 ILCS 5/5A-101)  (from Ch. 68, par. 5A-101)
24    Sec. 5A-101. Definitions. The following definitions are

 

 

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1applicable strictly in the content of this Article, except
2that the term "sexual harassment in elementary, secondary, and
3higher education" as defined herein has the meaning herein
4ascribed to it whenever that term is used anywhere in this Act.
5    (A) Institution of Elementary, Secondary, or Higher
6Education. "Institution of elementary, secondary, or higher
7education" means: (1) a publicly or privately operated
8university, college, community college, junior college,
9business or vocational school, or other educational
10institution offering degrees and instruction beyond the
11secondary school level; or (2) a publicly or privately
12operated elementary school or secondary school.
13    (B) Degree. "Degree" means: (1) a designation,
14appellation, series of letters or words or other symbols which
15signifies or purports to signify that the recipient thereof
16has satisfactorily completed an organized academic, business
17or vocational program of study offered beyond the secondary
18school level; or (2) a designation signifying that the
19recipient has graduated from an elementary school or secondary
20school.
21    (C) Student. "Student" means any individual admitted to or
22applying for admission to an institution of elementary,
23secondary, or higher education, or enrolled on a full or part
24time basis in a course or program of academic, business or
25vocational instruction offered by or through an institution of
26elementary, secondary, or higher education.

 

 

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1    (D) Elementary, Secondary, or Higher Education
2Representative. "Elementary, secondary, or higher education
3representative" means and includes the president, chancellor
4or other holder of any executive office on the administrative
5staff of an institution of higher education, an administrator
6of an elementary school or secondary school, a member of the
7faculty of an institution of higher education, including but
8not limited to a dean or associate or assistant dean, a
9professor or associate or assistant professor, and a full or
10part time instructor or visiting professor, including a
11graduate assistant or other student who is employed on a
12temporary basis of less than full time as a teacher or
13instructor of any course or program of academic, business or
14vocational instruction offered by or through an institution of
15higher education, and any teacher, instructor, or other
16employee of an elementary school or secondary school.
17    (E) Sexual Harassment in Elementary, Secondary, and Higher
18Education. "Sexual harassment in elementary, secondary, and
19higher education" means any unwelcome sexual advances or
20requests for sexual favors made by an elementary, secondary,
21or higher education representative to a student, or any
22conduct of a sexual nature exhibited by an elementary,
23secondary, or higher education representative toward a
24student, when such conduct has the purpose of substantially
25interfering with the student's educational performance or
26creating an intimidating, hostile or offensive educational

 

 

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1environment; or when the elementary, secondary, or higher
2education representative either explicitly or implicitly makes
3the student's submission to such conduct a term or condition
4of, or uses the student's submission to or rejection of such
5conduct as a basis for determining:
6        (1) Whether the student will be admitted to an
7    institution of elementary, secondary, or higher education;
8        (2) The educational performance required or expected
9    of the student;
10        (3) The attendance or assignment requirements
11    applicable to the student;
12        (4) To what courses, fields of study or programs,
13    including honors and graduate programs, the student will
14    be admitted;
15        (5) What placement or course proficiency requirements
16    are applicable to the student;
17        (6) The quality of instruction the student will
18    receive;
19        (7) What tuition or fee requirements are applicable to
20    the student;
21        (8) What scholarship opportunities are available to
22    the student;
23        (9) What extracurricular teams the student will be a
24    member of or in what extracurricular competitions the
25    student will participate;
26        (10) Any grade the student will receive in any

 

 

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1    examination or in any course or program of instruction in
2    which the student is enrolled;
3        (11) The progress of the student toward successful
4    completion of or graduation from any course or program of
5    instruction in which the student is enrolled; or
6        (12) What degree, if any, the student will receive.
7    (F) Harassment in Elementary, Secondary, or Higher
8Education. "Harassment in elementary, secondary, or higher
9education" means any unwelcome conduct by an elementary,
10secondary or higher education representative toward a student
11on the basis of a student's actual or perceived race, color,
12religion, national origin, ancestry, age, sex, marital status,
13order of protection status, disability, military status,
14sexual orientation, pregnancy, or unfavorable discharge from
15military service that has the purpose or effect of
16substantially interfering with a student's educational
17performance or creating an intimidating, hostile, or offensive
18educational environment.
19    (G) Educational Environment. "Educational environment"
20includes conduct that occurs at school, school-related
21activities, or events, and may include conduct that occurs off
22school grounds, subject to applicable State and federal law.
23(Source: P.A. 96-1319, eff. 7-27-10.)
 
24    (775 ILCS 5/5A-102)  (from Ch. 68, par. 5A-102)
25    Sec. 5A-102. Civil Rights Violations-Elementary,

 

 

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1Secondary, and Higher Education. It is a civil rights
2violation:
3        (A) Sexual Harassment; Elementary Elementary,
4    Secondary, or Higher Education Representative. For any
5    elementary, secondary, or higher education representative
6    to commit or engage in sexual harassment in elementary,
7    secondary, or higher education.
8        (B) Sexual Harassment; Institution Institution of
9    Elementary, Secondary, or Higher Education. For any
10    institution of elementary, secondary, or higher education
11    to fail to take remedial action, or to fail to take
12    appropriate disciplinary action against an elementary,
13    secondary, or higher education representative employed by
14    such institution, when such institution knows that such
15    elementary, secondary, or higher education representative
16    was committing or engaging in or committed or engaged in
17    sexual harassment in elementary, secondary, or higher
18    education.
19        (C) Harassment; Elementary, Secondary, or Higher
20    Education Representative. For any elementary, secondary,
21    or higher education representative to commit or engage in
22    harassment in elementary, secondary, or higher education.
23        (D) Harassment; Institution of Elementary, Secondary,
24    or Higher Education. For any institution of elementary,
25    secondary, or higher education to fail to take appropriate
26    corrective action to stop harassment if the institution

 

 

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1    knows that an elementary, secondary, or higher education
2    representative was committing or engaging in or committed
3    or engaged in harassment in elementary, secondary, or
4    higher education.
5        (E) Failure to Report. For any school district
6    established under the School Code or institutions of
7    elementary or secondary education covered by this Act to
8    fail to disclose information as required by Section
9    2-3.196 of the School Code.
10        (F) Exemptions. Nothing in Article 5A shall be
11    construed to limit jurisdiction under Section 5-102.2.
12    Subsections (C), (D), and (E) shall apply solely to
13    nonsectarian institutions of elementary, secondary or
14    higher education and elementary, secondary, or higher
15    education representatives employed by such nonsectarian
16    institutions.
17(Source: P.A. 96-574, eff. 8-18-09; 96-1319, eff. 7-27-10.)
 
18    (775 ILCS 5/5A-103 new)
19    Sec. 5A-103. Discrimination and harassment based on race,
20color, or national origin; and retaliation.
21    (a) The General Assembly finds that harassment and
22discrimination based on race, color, or national origin has a
23detrimental influence in schools, contributing to
24psychological and physical harm and poorer academic outcomes
25for students of color, and higher rates of teacher turnover

 

 

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1among teachers of color. It is the General Assembly's intent
2that each institution of elementary and secondary education in
3the State adopt and actively implement policies to reduce and
4respond effectively to harassment and discrimination based on
5race, color, and national origin; to provide students, parents
6or guardians, and employees information on how to recognize
7and report harassment and discrimination; and, for students,
8parents or guardians, and employees, to report harassment and
9discrimination based on race, color, or national origin
10without fear of retaliation, loss of status, or loss of
11opportunities.
12    (b) The Department shall produce a model training program
13aimed at the prevention of discrimination and harassment based
14on race, color, and national origin in institutions of
15elementary and secondary education. The model program shall be
16made available to institutions of elementary and secondary
17education and to the public online at no cost. This model
18program shall regard participants as potential bystanders,
19rather than potential offenders, and include, at a minimum,
20the following:
21        (1) a primary focus on preventing discrimination and
22    harassment based on race, color, and national origin and
23    retaliation;
24        (2) an explanation of discrimination and harassment
25    based on race, color, and national origin and retaliation;
26        (3) examples of conduct that constitutes

 

 

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1    discrimination and harassment based on race, color, and
2    national origin and retaliation;
3        (4) an explanation, with examples, of how patterns of
4    conduct can, taken together over time, rise to the level
5    of bullying, harassment, or discrimination;
6        (5) an explanation of the difference between
7    discrimination based on disparate treatment and
8    discrimination based on disparate impact;
9        (6) a summary of other classes that are protected from
10    harassment and discrimination, and a statement that
11    training intended to improve recognition of discrimination
12    and harassment based on race, color, and national origin
13    does not diminish protections under the law for other
14    protected classes;
15        (7) an explanation of the difference between
16    harassment as defined under this Act and bullying;
17        (8) a summary of relevant federal and State statutory
18    protections and remedies available to victims concerning
19    discrimination and harassment based on race, color, and
20    national origin, and retaliation, including, but not
21    limited to, a summary of this Act's protections from
22    discrimination, harassment and retaliation in the
23    following contexts:
24            (a) students toward other students;
25            (b) teachers and other employees of an elementary
26        or secondary school toward students;

 

 

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1            (c) students toward teachers and other employees
2        of an elementary or secondary school; and
3            (d) teachers and other employees of an elementary
4        or secondary school toward other teachers and
5        employees of an elementary or secondary school.
6        (9) directions on how to contact the Department if a
7    school fails to take corrective action to stop the
8    harassment or discrimination;
9        (10) a summary of responsibilities of institutions of
10    elementary or secondary education in the prevention,
11    investigation, and corrective measures of discrimination,
12    harassment, and retaliation, including, but not limited
13    to, explanation of responsibilities in the following
14    contexts:
15            (a) students toward other students;
16            (b) teachers and other employees of an elementary
17        or secondary school toward students;
18            (c) students toward teachers and other employees
19        of an elementary or secondary school; and
20            (d) teachers and other employees of an elementary
21        or secondary school toward other teachers and
22        employees of an elementary or secondary school; and
23        (11) an explanation of the liability for
24    discrimination, harassment, and retaliation under this
25    Act.
26    (c) Every institution of elementary or secondary education

 

 

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1in this State shall use the model training program developed
2by the Department, establish its own training program that
3equals or exceeds the minimum standards set forth in
4subsection (b), or use an existing discrimination and
5harassment prevention training program that equals or exceeds
6the minimum standards set forth in subsection (b). The
7training program shall be provided as a component of all new
8employee training programs for elementary and secondary
9education representatives and to existing representatives at
10least once every 2 years. For the purposes of satisfying the
11requirements under this Section, the Department's model
12program may be used to supplement any existing program an
13institution of elementary or secondary education is utilizing
14or develops.
15    (d) Upon notification of a violation of subsection (c),
16the Department may launch a preliminary investigation. If the
17Department finds a violation of this Section, the Department
18may issue a notice to show cause, giving the institution of
19elementary or secondary education 30 days to correct the
20violation. If the institution of elementary or secondary
21education does not correct the violation within 30 days, the
22Department may initiate a charge of a civil rights violation.
 
23    (775 ILCS 5/6-101)  (from Ch. 68, par. 6-101)
24    Sec. 6-101. Additional civil rights violations under
25Articles 2, 4, 5, and 5A, and 6. It is a civil rights violation

 

 

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1for a person, or for 2 or more persons, to conspire to:
2        (A) Retaliation. Retaliate against a person because
3    that person he or she has:
4            (i) opposed or reported conduct that the person
5        that which he or she reasonably and in good faith
6        believes to be prohibited unlawful discrimination,
7        sexual harassment in employment, sexual harassment in
8        elementary, secondary, and higher education, or
9        discrimination based on arrest record, citizenship
10        status, or work authorization status in employment
11        under Articles 2, 4, 5, and 5A, and 6; , because he or
12        she has
13            (ii) made a charge, filed a complaint, testified,
14        assisted, or participated in an investigation,
15        proceeding, or hearing under this Act; or , or because
16        he or she has
17            (iii) requested, attempted to request, used, or
18        attempted to use a reasonable accommodation as allowed
19        by this Act;
20        (B) Aiding and Abetting; Coercion. Aid, abet, compel,
21    or coerce a person to commit any violation of this Act;
22        (C) Interference. Wilfully interfere with the
23    performance of a duty or the exercise of a power by the
24    Commission or one of its members or representatives or the
25    Department or one of its officers or employees.
26    Definitions. For the purposes of this Section, "sexual

 

 

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1harassment", "citizenship status", and "work authorization
2status" shall have the same meaning as defined in Section
32-101 of this Act.
4(Source: P.A. 102-233, eff. 8-2-21; 102-362, eff. 1-1-22;
5102-813, eff. 5-13-22.)
 
6    Section 95. No acceleration or delay. Where this Act makes
7changes in a statute that is represented in this Act by text
8that is not yet or no longer in effect (for example, a Section
9represented by multiple versions), the use of that text does
10not accelerate or delay the taking effect of (i) the changes
11made by this Act or (ii) provisions derived from any other
12Public Act.
 
13    Section 99. Effective date. This Act takes effect August
141, 2024.