Sen. Laura M. Murphy
Filed: 5/9/2023
 
 


 




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1
AMENDMENT TO SENATE BILL 90




2 AMENDMENT NO. ______. Amend Senate Bill 90, AS AMENDED, by 
3replacing everything after the enacting clause with the 
4following:


5 "Section 1. This Act may be referred to as the Racism-Free 
6Schools Law.

7 Section 5. The Freedom of Information Act is amended by 
8changing Section 7.5 as follows:



9 (5 ILCS 140/7.5)



10 Sec. 7.5. Statutory exemptions. To the extent provided for 
11by the statutes referenced below, the following shall be 
12exempt from inspection and copying:
13  (a) All information determined to be confidential 
14 under Section 4002 of the Technology Advancement and 
15 Development Act.
 
 
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1  (b) Library circulation and order records identifying 
2 library users with specific materials under the Library 
3 Records Confidentiality Act.
4  (c) Applications, related documents, and medical 
5 records received by the Experimental Organ Transplantation 
6 Procedures Board and any and all documents or other 
7 records prepared by the Experimental Organ Transplantation 
8 Procedures Board or its staff relating to applications it 
9 has received.
10  (d) Information and records held by the Department of 
11 Public Health and its authorized representatives relating 
12 to known or suspected cases of sexually transmissible 
13 disease or any information the disclosure of which is 
14 restricted under the Illinois Sexually Transmissible 
15 Disease Control Act.
16  (e) Information the disclosure of which is exempted 
17 under Section 30 of the Radon Industry Licensing Act.
18  (f) Firm performance evaluations under Section 55 of 
19 the Architectural, Engineering, and Land Surveying 
20 Qualifications Based Selection Act.
21  (g) Information the disclosure of which is restricted 
22 and exempted under Section 50 of the Illinois Prepaid 
23 Tuition Act.
24  (h) Information the disclosure of which is exempted 
25 under the State Officials and Employees Ethics Act, and 
26 records of any lawfully created State or local inspector 
 
 
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1 general's office that would be exempt if created or 
2 obtained by an Executive Inspector General's office under 
3 that Act.
4  (i) Information contained in a local emergency energy 
5 plan submitted to a municipality in accordance with a 
6 local emergency energy plan ordinance that is adopted 
7 under Section 11-21.5-5 of the Illinois Municipal Code.
8  (j) Information and data concerning the distribution 
9 of surcharge moneys collected and remitted by carriers 
10 under the Emergency Telephone System Act.
11  (k) Law enforcement officer identification information 
12 or driver identification information compiled by a law 
13 enforcement agency or the Department of Transportation 
14 under Section 11-212 of the Illinois Vehicle Code.
15  (l) Records and information provided to a residential 
16 health care facility resident sexual assault and death 
17 review team or the Executive Council under the Abuse 
18 Prevention Review Team Act.
19  (m) Information provided to the predatory lending 
20 database created pursuant to Article 3 of the Residential 
21 Real Property Disclosure Act, except to the extent 
22 authorized under that Article.
23  (n) Defense budgets and petitions for certification of 
24 compensation and expenses for court appointed trial 
25 counsel as provided under Sections 10 and 15 of the 
26 Capital Crimes Litigation Act. This subsection (n) shall 
 
 
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1 apply until the conclusion of the trial of the case, even 
2 if the prosecution chooses not to pursue the death penalty 
3 prior to trial or sentencing.
4  (o) Information that is prohibited from being 
5 disclosed under Section 4 of the Illinois Health and 
6 Hazardous Substances Registry Act.
7  (p) Security portions of system safety program plans, 
8 investigation reports, surveys, schedules, lists, data, or 
9 information compiled, collected, or prepared by or for the 
10 Department of Transportation under Sections 2705-300 and 
11 2705-616 of the Department of Transportation Law of the 
12 Civil Administrative Code of Illinois, the Regional 
13 Transportation Authority under Section 2.11 of the 
14 Regional Transportation Authority Act, or the St. Clair 
15 County Transit District under the Bi-State Transit Safety 
16 Act. 
17  (q) Information prohibited from being disclosed by the 
18 Personnel Record Review Act. 
19  (r) Information prohibited from being disclosed by the 
20 Illinois School Student Records Act. 
21  (s) Information the disclosure of which is restricted 
22 under Section 5-108 of the Public Utilities Act. 

23  (t) All identified or deidentified health information 
24 in the form of health data or medical records contained 
25 in, stored in, submitted to, transferred by, or released 
26 from the Illinois Health Information Exchange, and 
 
 
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1 identified or deidentified health information in the form 
2 of health data and medical records of the Illinois Health 
3 Information Exchange in the possession of the Illinois 
4 Health Information Exchange Office due to its 
5 administration of the Illinois Health Information 
6 Exchange. The terms "identified" and "deidentified" shall 
7 be given the same meaning as in the Health Insurance 
8 Portability and Accountability Act of 1996, Public Law 
9 104-191, or any subsequent amendments thereto, and any 
10 regulations promulgated thereunder. 
11  (u) Records and information provided to an independent 
12 team of experts under the Developmental Disability and 
13 Mental Health Safety Act (also known as Brian's Law). 
14  (v) Names and information of people who have applied 
15 for or received Firearm Owner's Identification Cards under 
16 the Firearm Owners Identification Card Act or applied for 
17 or received a concealed carry license under the Firearm 
18 Concealed Carry Act, unless otherwise authorized by the 
19 Firearm Concealed Carry Act; and databases under the 
20 Firearm Concealed Carry Act, records of the Concealed 
21 Carry Licensing Review Board under the Firearm Concealed 
22 Carry Act, and law enforcement agency objections under the 
23 Firearm Concealed Carry Act. 
24  (v-5) Records of the Firearm Owner's Identification 
25 Card Review Board that are exempted from disclosure under 
26 Section 10 of the Firearm Owners Identification Card Act.
 
 
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1  (w) Personally identifiable information which is 
2 exempted from disclosure under subsection (g) of Section 
3 19.1 of the Toll Highway Act.
4  (x) Information which is exempted from disclosure 
5 under Section 5-1014.3 of the Counties Code or Section 
6 8-11-21 of the Illinois Municipal Code. 
7  (y) Confidential information under the Adult 
8 Protective Services Act and its predecessor enabling 
9 statute, the Elder Abuse and Neglect Act, including 
10 information about the identity and administrative finding 
11 against any caregiver of a verified and substantiated 
12 decision of abuse, neglect, or financial exploitation of 
13 an eligible adult maintained in the Registry established 
14 under Section 7.5 of the Adult Protective Services Act. 
15  (z) Records and information provided to a fatality 
16 review team or the Illinois Fatality Review Team Advisory 
17 Council under Section 15 of the Adult Protective Services 
18 Act. 
19  (aa) Information which is exempted from disclosure 
20 under Section 2.37 of the Wildlife Code. 
21  (bb) Information which is or was prohibited from 
22 disclosure by the Juvenile Court Act of 1987. 
23  (cc) Recordings made under the Law Enforcement 
24 Officer-Worn Body Camera Act, except to the extent 
25 authorized under that Act.
26  (dd) Information that is prohibited from being 
 
 
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1 disclosed under Section 45 of the Condominium and Common 
2 Interest Community Ombudsperson Act. 
3  (ee) Information that is exempted from disclosure 
4 under Section 30.1 of the Pharmacy Practice Act. 
5  (ff) Information that is exempted from disclosure 
6 under the Revised Uniform Unclaimed Property Act. 
7  (gg) Information that is prohibited from being 
8 disclosed under Section 7-603.5 of the Illinois Vehicle 
9 Code. 
10  (hh) Records that are exempt from disclosure under 
11 Section 1A-16.7 of the Election Code. 
12  (ii) Information which is exempted from disclosure 
13 under Section 2505-800 of the Department of Revenue Law of 
14 the Civil Administrative Code of Illinois. 
15  (jj) Information and reports that are required to be 
16 submitted to the Department of Labor by registering day 
17 and temporary labor service agencies but are exempt from 
18 disclosure under subsection (a-1) of Section 45 of the Day 
19 and Temporary Labor Services Act. 
20  (kk) Information prohibited from disclosure under the 
21 Seizure and Forfeiture Reporting Act. 
22  (ll) Information the disclosure of which is restricted 
23 and exempted under Section 5-30.8 of the Illinois Public 
24 Aid Code. 
25  (mm) Records that are exempt from disclosure under 
26 Section 4.2 of the Crime Victims Compensation Act. 
 
 
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1  (nn) Information that is exempt from disclosure under 
2 Section 70 of the Higher Education Student Assistance Act. 
3  (oo) Communications, notes, records, and reports 
4 arising out of a peer support counseling session 
5 prohibited from disclosure under the First Responders 
6 Suicide Prevention Act. 
7  (pp) Names and all identifying information relating to 
8 an employee of an emergency services provider or law 
9 enforcement agency under the First Responders Suicide 
10 Prevention Act. 
11  (qq) Information and records held by the Department of 
12 Public Health and its authorized representatives collected 
13 under the Reproductive Health Act. 
14  (rr) Information that is exempt from disclosure under 
15 the Cannabis Regulation and Tax Act. 
16  (ss) Data reported by an employer to the Department of 
17 Human Rights pursuant to Section 2-108 of the Illinois 
18 Human Rights Act.
19  (tt) Recordings made under the Children's Advocacy 
20 Center Act, except to the extent authorized under that 
21 Act. 
22  (uu) Information that is exempt from disclosure under 
23 Section 50 of the Sexual Assault Evidence Submission Act. 
24  (vv) Information that is exempt from disclosure under 
25 subsections (f) and (j) of Section 5-36 of the Illinois 
26 Public Aid Code. 
 
 
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1  (ww) Information that is exempt from disclosure under 
2 Section 16.8 of the State Treasurer Act. 
3  (xx) Information that is exempt from disclosure or 
4 information that shall not be made public under the 
5 Illinois Insurance Code. 
6  (yy) Information prohibited from being disclosed under 
7 the Illinois Educational Labor Relations Act.
8  (zz) Information prohibited from being disclosed under 
9 the Illinois Public Labor Relations Act. 
10  (aaa) Information prohibited from being disclosed 
11 under Section 1-167 of the Illinois Pension Code. 
12  (bbb) Information that is prohibited from disclosure 
13 by the Illinois Police Training Act and the Illinois State 
14 Police Act. 
15  (ccc) Records exempt from disclosure under Section

16 2605-304 of the Illinois State Police Law of the Civil

17 Administrative Code of Illinois. 
18  (ddd) Information prohibited from being disclosed 
19 under Section 35 of the Address Confidentiality for 
20 Victims of Domestic Violence, Sexual Assault, Human 
21 Trafficking, or Stalking Act. 
22  (eee) Information prohibited from being disclosed 
23 under subsection (b) of Section 75 of the Domestic 
24 Violence Fatality Review Act. 
25  (fff) Images from cameras under the Expressway Camera 
26 Act. This subsection (fff) is inoperative on and after 
 
 
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1 July 1, 2023. 
2  (ggg) Information prohibited from disclosure under 
3 paragraph (3) of subsection (a) of Section 14 of the Nurse 
4 Agency Licensing Act. 
5  (hhh) Information submitted to the Illinois Department 
6 of State Police in an affidavit or application for an 
7 assault weapon endorsement, assault weapon attachment 
8 endorsement, .50 caliber rifle endorsement, or .50 caliber 
9 cartridge endorsement under the Firearm Owners 
10 Identification Card Act. 
11  (iii) Data exempt from disclosure under Section 
12 2-3.196 of the School Code. 
13(Source: P.A. 101-13, eff. 6-12-19; 101-27, eff. 6-25-19; 
14101-81, eff. 7-12-19; 101-221, eff. 1-1-20; 101-236, eff. 
151-1-20; 101-375, eff. 8-16-19; 101-377, eff. 8-16-19; 101-452, 
16eff. 1-1-20; 101-466, eff. 1-1-20; 101-600, eff. 12-6-19; 
17101-620, eff 12-20-19; 101-649, eff. 7-7-20; 101-652, eff. 
181-1-22; 101-656, eff. 3-23-21; 102-36, eff. 6-25-21; 102-237, 
19eff. 1-1-22; 102-292, eff. 1-1-22; 102-520, eff. 8-20-21; 
20102-559, eff. 8-20-21; 102-813, eff. 5-13-22; 102-946, eff. 
217-1-22; 102-1042, eff. 6-3-22; 102-1116, eff. 1-10-23; revised 
222-13-23.)

23 Section 10. The School Code is amended by adding Sections 
242-3.196 and 22-95 and by changing Sections 27A-5 and 34-18.62 
25as follows:

 
 
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1 (105 ILCS 5/2-3.196 new)
2 Sec. 2-3.196. Discrimination, harassment, and retaliation 
3reporting.
4 (a) The requirements of this Section are subject to 
5appropriation. 
6 (b) The State Board of Education shall build data 
7collection systems to allow the collection of data on reported 
8allegations of the conduct described in paragraph (1). 
9Beginning on August 1 of the year after the systems are 
10implemented and for each reporting school year beginning on 
11August 1 and ending on July 31 thereafter, each school 
12district, charter school, and nonpublic, nonsectarian 
13elementary or secondary school shall disclose to the State 
14Board of Education all of the following information:
15  (1) The total number of reported allegations of 
16 discrimination, harassment, or retaliation against 
17 students received by each school district, charter school, 
18 or nonpublic, nonsectarian elementary or secondary school 
19 during the reporting school year, defined as August 1 to 
20 July 31, in each of the following categories:
21   (A) sexual harassment;
22   (B) discrimination or harassment on the basis of 
23 race, color, or national origin;
24   (C) discrimination or harassment on the basis of 
25 sex;
 
 
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1   (D) discrimination or harassment on the basis of 
2 religion;
3   (E) discrimination or harassment on the basis of 
4 disability; and
5   (F) retaliation.
6  (2) The status of allegations, as of the last day of 
7 the reporting period, in each category under paragraph 
8 (1).
9  Allegations shall be reported as unfounded, founded, 
10 or investigation pending by the school district, charter 
11 school, or nonpublic, nonsectarian elementary or secondary 
12 school.
13 (c) A school district, charter school, or nonpublic, 
14nonsectarian elementary or secondary school may not include in 
15any disclosures required under this Section any information by 
16which an individual may be personally identified, including 
17the name of the victim or victims or those accused of an act of 
18alleged discrimination, harassment, or retaliation.
19 (d) If a school district, charter school, or nonpublic, 
20nonsectarian elementary or secondary school fails to disclose 
21the information required in subsection (b) of this Section by 
22July 31 of the reporting school year, the State Board of 
23Education shall provide a written request for disclosure to 
24the school district, charter school, or nonpublic, 
25nonsectarian elementary or secondary school, thereby providing 
26the period of time in which the required information must be 
 
 
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1disclosed. If a school district, charter school, or nonpublic, 
2nonsectarian elementary or secondary school fails to disclose 
3the information within 14 days after receipt of that written 
4request, the State Board of Education may petition the 
5Department of Human Rights to initiate a charge of a civil 
6rights violation pursuant to Section 5A-102 of the Illinois 
7Human Rights Act.
8 (e) The State Board of Education shall publish an annual 
9report aggregating the information reported by school 
10districts, charter schools, and nonpublic, nonsectarian 
11elementary or secondary schools under subsection (b) of this 
12Section. Data included in the report shall not be publicly 
13attributed to any individual school district, charter school, 
14or nonpublic, nonsectarian elementary or secondary school. The 
15report shall include the number of incidents reported between 
16August 1 and July 31 of the preceding reporting school year, 
17based on each of the categories identified under paragraph (1) 
18of this subsection (b).
19 The annual report shall be filed with the Department of 
20Human Rights and the General Assembly and made available to 
21the public by July 1 of the year following the reporting school 
22year. Data submitted by a school district, charter school, or 
23nonpublic, nonsectarian elementary or secondary school to 
24comply with this Section is confidential and exempt from the 
25Freedom of Information Act.
26 (f) The State Board of Education may adopt any rules 
 
 
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1deemed necessary for implementation of this Section.
2 (g) This Section is repealed on July 1, 2029.

3 (105 ILCS 5/22-95 new)
4 Sec. 22-95. Policy on discrimination, harassment, and 
5retaliation; response procedures.
6 (a) As used in this Section, "policy" means either the use 
7of a singular policy or multiple policies.
8 (b) Each school district, charter school, or nonpublic, 
9nonsectarian elementary or secondary school must create, 
10implement, and maintain at least one written policy that 
11prohibits discrimination and harassment based on race, color, 
12or national origin and prohibits retaliation. The policy may 
13be included as part of a broader anti-harassment or 
14anti-discrimination policy, provided that the policy 
15prohibiting discrimination and harassment based on race, 
16color, or national origin and retaliation shall be 
17distinguished with an appropriate title, heading, or label. 
18This policy must comply with and be distributed in accordance 
19with all of the following: 
20  (1) The policy must be in writing and must include at a 
21 minimum, the following information:
22   (A) descriptions of various forms of 
23 discrimination and harassment based on race, color, or 
24 national origin, including examples;
25   (B) the school district's, charter school's, or 
 
 
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1 nonpublic, nonsectarian elementary or secondary 
2 school's internal process for filing a complaint 
3 regarding a violation of the policy described in this 
4 subsection, or a reference to that process if 
5 described elsewhere in policy;
6   (C) an overview of the school district's, charter 
7 school's, or nonpublic, nonsectarian elementary or 
8 secondary school's prevention and response program 
9 pursuant to subsection (c);
10   (D) potential remedies for a violation of the 
11 policy described in this subsection;
12   (E) a prohibition on retaliation for making a 
13 complaint or participating in the complaint process; 
14   (F) the legal recourse available through the 
15 Department of Human Rights and through federal 
16 agencies if a school district, charter school, or 
17 nonpublic, nonsectarian elementary or secondary school 
18 fails to take corrective action, or a reference to 
19 that process if described elsewhere in policy; and
20   (G) directions on how to contact the Department of 
21 Human Rights or a reference to those directions if 
22 described elsewhere in the policy.
23 The policy shall make clear that the policy does not 
24 impair or otherwise diminish the rights of unionized 
25 employees under federal law, State law, or a collective 
26 bargaining agreement to request an exclusive bargaining 
 
 
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1 representative to be present during investigator 
2 interviews, nor does the policy diminish any rights 
3 available under the applicable negotiated collective 
4 bargaining agreement, including, but not limited to, the 
5 grievance procedure. 
6  (2) The policy described in this subsection shall be 
7 posted in a prominent and accessible location and 
8 distributed in such a manner as to ensure notice of the 
9 policy to all employees. If the school district, charter 
10 school, or nonpublic, nonsectarian elementary or secondary 
11 school maintains an Internet website or has an employee 
12 Intranet, the website or Intranet shall be considered a 
13 prominent and accessible location for the purpose of this 
14 paragraph (2). Posting and distribution shall be 
15 effectuated by the beginning of the 2024-2025 school year 
16 and shall occur annually thereafter.
17  (3) The policy described in this subsection shall be 
18 published on the school district's, charter school's, or 
19 nonpublic, nonsectarian elementary or secondary school's 
20 Internet website, if one exists, and in a student 
21 handbook, if one exists. A summary of the policy in 
22 accessible, age-appropriate language shall be distributed 
23 annually to students and to the parents or guardians of 
24 minor students. School districts, charter schools, and 
25 nonpublic, nonsectarian elementary or secondary schools 
26 shall provide a summary of the policy in the parent or 
 
 
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1 guardian's native language. For the annual distribution of 
2 the summary, inclusion of the summary in a student 
3 handbook is deemed compliant.
4 (c) Each school district, charter school, and nonpublic, 
5nonsectarian elementary or secondary school must establish 
6procedures for responding to complaints of discrimination and 
7harassment based on race, color, or national origin and 
8retaliation. These procedures must comply with subsection (b) 
9of this Section. Based on these procedures, school districts, 
10charter schools, and nonpublic, nonsectarian elementary or 
11secondary schools:
12  (1) shall reduce or remove, to the extent practicable, 
13 barriers to reporting discrimination, harassment, and 
14 retaliation;
15  (2) shall permit any person who reports or is the 
16 victim of an incident of alleged discrimination, 
17 harassment, or retaliation to be accompanied when making a 
18 report by a support individual of the person's choice who 
19 complies with the school district's, charter school's, or 
20 nonpublic, nonsectarian elementary or secondary school's 
21 policies or rules;
22  (3) shall permit anonymous reporting, except that this 
23 paragraph (3) may not be construed to permit formal 
24 disciplinary action solely on the basis of an anonymous 
25 report;
26  (4) shall offer remedial interventions or take such 
 
 
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1 disciplinary action as may be appropriate on a 
2 case-by-case basis;
3  (5) may offer, but not require or unduly influence, a 
4 person who reports or is the victim of an incident of 
5 discrimination, harassment, or retaliation the option to 
6 resolve allegations directly with the offender; and
7  (6) may not cause a person who reports or is the victim 
8 of an incident of discrimination, harassment, or 
9 retaliation to suffer adverse consequences as a result of 
10 a report of, an investigation of, or a response to the 
11 incident; this protection may not permit victims to engage 
12 in retaliation against the offender or limit a school 
13 district, charter school, or nonpublic, nonsectarian 
14 elementary or secondary school from applying disciplinary 
15 measures in response to other acts or conduct not related 
16 to the process of reporting, investigating, or responding 
17 to a report of an incident of discrimination, harassment, 
18 or retaliation. 



19 (105 ILCS 5/27A-5)


20 (Text of Section before amendment by P.A. 102-466 and 
21102-702)
22 Sec. 27A-5. Charter school; legal entity; requirements. 

23 (a) A charter school shall be a public, nonsectarian, 
24nonreligious, non-home
based, and non-profit school. A charter 
25school shall be organized and operated
as a nonprofit 
 
 
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1corporation or other discrete, legal, nonprofit entity

2authorized under the laws of the State of Illinois.

3 (b) A charter school may be established under this Article 
4by creating a new
school or by converting an existing public 
5school or attendance center to
charter
school status.

6Beginning on April 16, 2003 (the effective date of Public Act 
793-3), in all new
applications to establish
a charter
school 
8in a city having a population exceeding 500,000, operation of 
9the
charter
school shall be limited to one campus. The changes 
10made to this Section by Public Act 93-3 do not apply to charter 
11schools existing or approved on or before April 16, 2003 (the

12effective date of Public Act 93-3).
13 (b-5) In this subsection (b-5), "virtual-schooling" means 
14a cyber school where students engage in online curriculum and 
15instruction via the Internet and electronic communication with 
16their teachers at remote locations and with students 
17participating at different times. 
18 From April 1, 2013 through December 31, 2016, there is a 
19moratorium on the establishment of charter schools with 
20virtual-schooling components in school districts other than a 
21school district organized under Article 34 of this Code. This 
22moratorium does not apply to a charter school with 
23virtual-schooling components existing or approved prior to 
24April 1, 2013 or to the renewal of the charter of a charter 
25school with virtual-schooling components already approved 
26prior to April 1, 2013.

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

7 (d) For purposes of this subsection (d), "non-curricular 
8health and safety requirement" means any health and safety 
9requirement created by statute or rule to provide, maintain, 
10preserve, or safeguard safe or healthful conditions for 
11students and school personnel or to eliminate, reduce, or 
12prevent threats to the health and safety of students and 
13school personnel. "Non-curricular health and safety 
14requirement" does not include any course of study or 
15specialized instructional requirement for which the State 
16Board has established goals and learning standards or which is 
17designed primarily to impart knowledge and skills for students 
18to master and apply as an outcome of their education.
19 A charter school shall comply with all non-curricular 
20health and safety
requirements applicable to public schools 
21under the laws of the State of
Illinois. On or before September 
221, 2015, the State Board shall promulgate and post on its 
23Internet website a list of non-curricular health and safety 
24requirements that a charter school must meet. The list shall 
25be updated annually no later than September 1. Any charter 
26contract between a charter school and its authorizer must 
 
 
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1contain a provision that requires the charter school to follow 
2the list of all non-curricular health and safety requirements 
3promulgated by the State Board and any non-curricular health 
4and safety requirements added by the State Board to such list 
5during the term of the charter. Nothing in this subsection (d) 
6precludes an authorizer from including non-curricular health 
7and safety requirements in a charter school contract that are 
8not contained in the list promulgated by the State Board, 
9including non-curricular health and safety requirements of the 
10authorizing local school board. 

11 (e) Except as otherwise provided in the School Code, a 
12charter school shall
not charge tuition; provided that a 
13charter school may charge reasonable fees
for textbooks, 
14instructional materials, and student activities.

15 (f) A charter school shall be responsible for the 
16management and operation
of its fiscal affairs, including,
but 
17not limited to, the preparation of its budget. An audit of each 
18charter
school's finances shall be conducted annually by an 
19outside, independent
contractor retained by the charter 
20school. The contractor shall not be an employee of the charter 
21school or affiliated with the charter school or its authorizer 
22in any way, other than to audit the charter school's finances. 
23To ensure financial accountability for the use of public 
24funds, on or before December 1 of every year of operation, each 
25charter school shall submit to its authorizer and the State 
26Board a copy of its audit and a copy of the Form 990 the 
 
 
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1charter school filed that year with the federal Internal 
2Revenue Service. In addition, if deemed necessary for proper 
3financial oversight of the charter school, an authorizer may 
4require quarterly financial statements from each charter 
5school. 

6 (g) A charter school shall comply with all provisions of 
7this Article, the Illinois Educational Labor Relations Act, 
8all federal and State laws and rules applicable to public 
9schools that pertain to special education and the instruction 
10of English learners, and
its charter. A charter
school is 
11exempt from all other State laws and regulations in this Code

12governing public
schools and local school board policies; 
13however, a charter school is not exempt from the following:

14  (1) Sections 10-21.9 and 34-18.5 of this Code 
15 regarding criminal
history records checks and checks of 
16 the Statewide Sex Offender Database and Statewide Murderer 
17 and Violent Offender Against Youth Database of applicants 
18 for employment;

19  (2) Sections 10-20.14, 10-22.6, 24-24, 34-19, and 
20 34-84a of this Code regarding discipline of
students;

21  (3) the Local Governmental and Governmental Employees 
22 Tort Immunity Act;

23  (4) Section 108.75 of the General Not For Profit 
24 Corporation Act of 1986
regarding indemnification of 
25 officers, directors, employees, and agents;

26  (5) the Abused and Neglected Child Reporting Act;

 
 
10300SB0090sam003- 24 -LRB103 05472 RPS 61658 a


1  (5.5) subsection (b) of Section 10-23.12 and 
2 subsection (b) of Section 34-18.6 of this Code;
3  (6) the Illinois School Student Records Act;

4  (7) Section 10-17a of this Code regarding school 
5 report cards;

6  (8) the P-20 Longitudinal Education Data System Act;
7  (9) Section 27-23.7 of this Code regarding bullying 
8 prevention;
9  (10) Section 2-3.162 of this Code regarding student 
10 discipline reporting;
11  (11) Sections 22-80 and 27-8.1 of this Code;
12  (12) Sections 10-20.60 and 34-18.53 of this Code;
13  (13) Sections 10-20.63 and 34-18.56 of this Code;
14  (14) Sections 22-90 and 26-18 of this Code;
15  (15) Section 22-30 of this Code; 
16  (16) Sections 24-12 and 34-85 of this Code;
17  (17) the Seizure Smart School Act;
18  (18) Section 2-3.64a-10 of this Code;
19  (19) Sections 10-20.73 and 34-21.9 of this Code;
20  (20) Section 10-22.25b of this Code;
21  (21) Section 27-9.1a of this Code;
22  (22) Section 27-9.1b of this Code; 
23  (23) Section 34-18.8 of this Code; 
24  (25) Section 2-3.188 of this Code;
25  (26) Section 22-85.5 of this Code; 
26  (27) subsections Subsections (d-10), (d-15), and 
 
 
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1 (d-20) of Section 10-20.56 of this Code; and 
2  (28) Sections 10-20.83 and 34-18.78 of this Code; . 
3  (29) (27) Section 10-20.13 of this Code; 
4  (30) (28) Section 28-19.2 of this Code; and 
5  (31) (29) Section 34-21.6 of this Code; . 
6  (33) Section 2-3.196 of this Code; 
7  (34) Section 22-95 of this Code; 
8  (35) Section 34-18.62 of this Code; and 
9  (36) the Illinois Human Rights Act. 
10 The change made by Public Act 96-104 to this subsection 
11(g) is declaratory of existing law.
12 (h) A charter school may negotiate and contract with a 
13school district, the
governing body of a State college or 
14university or public community college, or
any other public or 
15for-profit or nonprofit private entity for: (i) the use
of a 
16school building and grounds or any other real property or 
17facilities that
the charter school desires to use or convert 
18for use as a charter school site,
(ii) the operation and 
19maintenance thereof, and
(iii) the provision of any service, 
20activity, or undertaking that the charter
school is required 
21to perform in order to carry out the terms of its charter.

22However, a charter school
that is established on
or
after 
23April 16, 2003 (the effective date of Public Act 93-3) and that 
24operates
in a city having a population exceeding
500,000 may 
25not contract with a for-profit entity to
manage or operate the 
26school during the period that commences on April 16, 2003 (the

 
 
10300SB0090sam003- 26 -LRB103 05472 RPS 61658 a


1effective date of Public Act 93-3) and
concludes at the end of 
2the 2004-2005 school year.
Except as provided in subsection 
3(i) of this Section, a school district may
charge a charter 
4school reasonable rent for the use of the district's

5buildings, grounds, and facilities. Any services for which a 
6charter school
contracts
with a school district shall be 
7provided by the district at cost. Any services
for which a 
8charter school contracts with a local school board or with the

9governing body of a State college or university or public 
10community college
shall be provided by the public entity at 
11cost.

12 (i) In no event shall a charter school that is established 
13by converting an
existing school or attendance center to 
14charter school status be required to
pay rent for space
that is 
15deemed available, as negotiated and provided in the charter 
16agreement,
in school district
facilities. However, all other 
17costs for the operation and maintenance of
school district 
18facilities that are used by the charter school shall be 
19subject
to negotiation between
the charter school and the 
20local school board and shall be set forth in the
charter.

21 (j) A charter school may limit student enrollment by age 
22or grade level.

23 (k) If the charter school is approved by the State Board or 
24Commission, then the charter school is its own local education 
25agency. 
26(Source: P.A. 101-50, eff. 7-1-20; 101-81, eff. 7-12-19; 
 
 
10300SB0090sam003- 27 -LRB103 05472 RPS 61658 a


1101-291, eff. 1-1-20; 101-531, eff. 8-23-19; 101-543, eff. 
28-23-19; 101-654, eff. 3-8-21; 102-51, eff. 7-9-21; 102-157, 
3eff. 7-1-22; 102-360, eff. 1-1-22; 102-445, eff. 8-20-21; 
4102-522, eff. 8-20-21; 102-558, eff. 8-20-21; 102-676, eff. 
512-3-21; 102-697, eff. 4-5-22; 102-805, eff. 1-1-23; 102-813, 
6eff. 5-13-22; revised 12-13-22.)

7 (Text of Section after amendment by P.A. 102-702 but 
8before amendment by P.A. 102-466)
9 Sec. 27A-5. Charter school; legal entity; requirements. 

10 (a) A charter school shall be a public, nonsectarian, 
11nonreligious, non-home
based, and non-profit school. A charter 
12school shall be organized and operated
as a nonprofit 
13corporation or other discrete, legal, nonprofit entity

14authorized under the laws of the State of Illinois.

15 (b) A charter school may be established under this Article 
16by creating a new
school or by converting an existing public 
17school or attendance center to
charter
school status.

18Beginning on April 16, 2003 (the effective date of Public Act 
1993-3), in all new
applications to establish
a charter
school 
20in a city having a population exceeding 500,000, operation of 
21the
charter
school shall be limited to one campus. The changes 
22made to this Section by Public Act 93-3 do not apply to charter 
23schools existing or approved on or before April 16, 2003 (the

24effective date of Public Act 93-3).
25 (b-5) In this subsection (b-5), "virtual-schooling" means 
 
 
10300SB0090sam003- 28 -LRB103 05472 RPS 61658 a


1a cyber school where students engage in online curriculum and 
2instruction via the Internet and electronic communication with 
3their teachers at remote locations and with students 
4participating at different times. 
5 From April 1, 2013 through December 31, 2016, there is a 
6moratorium on the establishment of charter schools with 
7virtual-schooling components in school districts other than a 
8school district organized under Article 34 of this Code. This 
9moratorium does not apply to a charter school with 
10virtual-schooling components existing or approved prior to 
11April 1, 2013 or to the renewal of the charter of a charter 
12school with virtual-schooling components already approved 
13prior to April 1, 2013.

14 (c) A charter school shall be administered and governed by 
15its board of
directors or other governing body
in the manner 
16provided in its charter. The governing body of a charter 
17school
shall be subject to the Freedom of Information Act and 
18the Open Meetings Act. No later than January 1, 2021 (one year 
19after the effective date of Public Act 101-291), a charter 
20school's board of directors or other governing body must 
21include at least one parent or guardian of a pupil currently 
22enrolled in the charter school who may be selected through the 
23charter school or a charter network election, appointment by 
24the charter school's board of directors or other governing 
25body, or by the charter school's Parent Teacher Organization 
26or its equivalent. 
 
 
10300SB0090sam003- 29 -LRB103 05472 RPS 61658 a


1 (c-5) No later than January 1, 2021 (one year after the 
2effective date of Public Act 101-291) or within the first year 
3of his or her first term, every voting member of a charter 
4school's board of directors or other governing body shall 
5complete a minimum of 4 hours of professional development 
6leadership training to ensure that each member has sufficient 
7familiarity with the board's or governing body's role and 
8responsibilities, including financial oversight and 
9accountability of the school, evaluating the principal's and 
10school's performance, adherence to the Freedom of Information 
11Act and the Open Meetings Act, and compliance with education 
12and labor law. In each subsequent year of his or her term, a 
13voting member of a charter school's board of directors or 
14other governing body shall complete a minimum of 2 hours of 
15professional development training in these same areas. The 
16training under this subsection may be provided or certified by 
17a statewide charter school membership association or may be 
18provided or certified by other qualified providers approved by 
19the State Board of Education. 

20 (d) For purposes of this subsection (d), "non-curricular 
21health and safety requirement" means any health and safety 
22requirement created by statute or rule to provide, maintain, 
23preserve, or safeguard safe or healthful conditions for 
24students and school personnel or to eliminate, reduce, or 
25prevent threats to the health and safety of students and 
26school personnel. "Non-curricular health and safety 
 
 
10300SB0090sam003- 30 -LRB103 05472 RPS 61658 a


1requirement" does not include any course of study or 
2specialized instructional requirement for which the State 
3Board has established goals and learning standards or which is 
4designed primarily to impart knowledge and skills for students 
5to master and apply as an outcome of their education.
6 A charter school shall comply with all non-curricular 
7health and safety
requirements applicable to public schools 
8under the laws of the State of
Illinois. On or before September 
91, 2015, the State Board shall promulgate and post on its 
10Internet website a list of non-curricular health and safety 
11requirements that a charter school must meet. The list shall 
12be updated annually no later than September 1. Any charter 
13contract between a charter school and its authorizer must 
14contain a provision that requires the charter school to follow 
15the list of all non-curricular health and safety requirements 
16promulgated by the State Board and any non-curricular health 
17and safety requirements added by the State Board to such list 
18during the term of the charter. Nothing in this subsection (d) 
19precludes an authorizer from including non-curricular health 
20and safety requirements in a charter school contract that are 
21not contained in the list promulgated by the State Board, 
22including non-curricular health and safety requirements of the 
23authorizing local school board. 

24 (e) Except as otherwise provided in the School Code, a 
25charter school shall
not charge tuition; provided that a 
26charter school may charge reasonable fees
for textbooks, 
 
 
10300SB0090sam003- 31 -LRB103 05472 RPS 61658 a


1instructional materials, and student activities.

2 (f) A charter school shall be responsible for the 
3management and operation
of its fiscal affairs, including,
but 
4not limited to, the preparation of its budget. An audit of each 
5charter
school's finances shall be conducted annually by an 
6outside, independent
contractor retained by the charter 
7school. The contractor shall not be an employee of the charter 
8school or affiliated with the charter school or its authorizer 
9in any way, other than to audit the charter school's finances. 
10To ensure financial accountability for the use of public 
11funds, on or before December 1 of every year of operation, each 
12charter school shall submit to its authorizer and the State 
13Board a copy of its audit and a copy of the Form 990 the 
14charter school filed that year with the federal Internal 
15Revenue Service. In addition, if deemed necessary for proper 
16financial oversight of the charter school, an authorizer may 
17require quarterly financial statements from each charter 
18school. 

19 (g) A charter school shall comply with all provisions of 
20this Article, the Illinois Educational Labor Relations Act, 
21all federal and State laws and rules applicable to public 
22schools that pertain to special education and the instruction 
23of English learners, and
its charter. A charter
school is 
24exempt from all other State laws and regulations in this Code

25governing public
schools and local school board policies; 
26however, a charter school is not exempt from the following:

 
 
10300SB0090sam003- 32 -LRB103 05472 RPS 61658 a


1  (1) Sections 10-21.9 and 34-18.5 of this Code 
2 regarding criminal
history records checks and checks of 
3 the Statewide Sex Offender Database and Statewide Murderer 
4 and Violent Offender Against Youth Database of applicants 
5 for employment;

6  (2) Sections 10-20.14, 10-22.6, 24-24, 34-19, and 
7 34-84a of this Code regarding discipline of
students;

8  (3) the Local Governmental and Governmental Employees 
9 Tort Immunity Act;

10  (4) Section 108.75 of the General Not For Profit 
11 Corporation Act of 1986
regarding indemnification of 
12 officers, directors, employees, and agents;

13  (5) the Abused and Neglected Child Reporting Act;

14  (5.5) subsection (b) of Section 10-23.12 and 
15 subsection (b) of Section 34-18.6 of this Code;
16  (6) the Illinois School Student Records Act;

17  (7) Section 10-17a of this Code regarding school 
18 report cards;

19  (8) the P-20 Longitudinal Education Data System Act;
20  (9) Section 27-23.7 of this Code regarding bullying 
21 prevention;
22  (10) Section 2-3.162 of this Code regarding student 
23 discipline reporting;
24  (11) Sections 22-80 and 27-8.1 of this Code;
25  (12) Sections 10-20.60 and 34-18.53 of this Code;
26  (13) Sections 10-20.63 and 34-18.56 of this Code;
 
 
10300SB0090sam003- 33 -LRB103 05472 RPS 61658 a


1  (14) Sections 22-90 and 26-18 of this Code;
2  (15) Section 22-30 of this Code; 
3  (16) Sections 24-12 and 34-85 of this Code;
4  (17) the Seizure Smart School Act;
5  (18) Section 2-3.64a-10 of this Code;
6  (19) Sections 10-20.73 and 34-21.9 of this Code;
7  (20) Section 10-22.25b of this Code;
8  (21) Section 27-9.1a of this Code;
9  (22) Section 27-9.1b of this Code; 
10  (23) Section 34-18.8 of this Code; and
11  (25) Section 2-3.188 of this Code;
12  (26) Section 22-85.5 of this Code; 
13  (27) subsections Subsections (d-10), (d-15), and 
14 (d-20) of Section 10-20.56 of this Code; and 
15  (28) Sections 10-20.83 and 34-18.78 of this Code; . 
16  (29) (27) Section 10-20.13 of this Code; 
17  (30) (28) Section 28-19.2 of this Code; and 
18  (31) (29) Section 34-21.6 of this Code; . 
19  (32) (25) Section 22-85.10 of this Code; .
20  (33) Section 2-3.196 of this Code; 
21  (34) Section 22-95 of this Code; 
22  (35) Section 34-18.62 of this Code; and 
23  (36) the Illinois Human Rights Act. 
24 The change made by Public Act 96-104 to this subsection 
25(g) is declaratory of existing law.
26 (h) A charter school may negotiate and contract with a 
 
 
10300SB0090sam003- 34 -LRB103 05472 RPS 61658 a


1school district, the
governing body of a State college or 
2university or public community college, or
any other public or 
3for-profit or nonprofit private entity for: (i) the use
of a 
4school building and grounds or any other real property or 
5facilities that
the charter school desires to use or convert 
6for use as a charter school site,
(ii) the operation and 
7maintenance thereof, and
(iii) the provision of any service, 
8activity, or undertaking that the charter
school is required 
9to perform in order to carry out the terms of its charter.

10However, a charter school
that is established on
or
after 
11April 16, 2003 (the effective date of Public Act 93-3) and that 
12operates
in a city having a population exceeding
500,000 may 
13not contract with a for-profit entity to
manage or operate the 
14school during the period that commences on April 16, 2003 (the

15effective date of Public Act 93-3) and
concludes at the end of 
16the 2004-2005 school year.
Except as provided in subsection 
17(i) of this Section, a school district may
charge a charter 
18school reasonable rent for the use of the district's

19buildings, grounds, and facilities. Any services for which a 
20charter school
contracts
with a school district shall be 
21provided by the district at cost. Any services
for which a 
22charter school contracts with a local school board or with the

23governing body of a State college or university or public 
24community college
shall be provided by the public entity at 
25cost.

26 (i) In no event shall a charter school that is established 
 
 
10300SB0090sam003- 35 -LRB103 05472 RPS 61658 a


1by converting an
existing school or attendance center to 
2charter school status be required to
pay rent for space
that is 
3deemed available, as negotiated and provided in the charter 
4agreement,
in school district
facilities. However, all other 
5costs for the operation and maintenance of
school district 
6facilities that are used by the charter school shall be 
7subject
to negotiation between
the charter school and the 
8local school board and shall be set forth in the
charter.

9 (j) A charter school may limit student enrollment by age 
10or grade level.

11 (k) If the charter school is approved by the State Board or 
12Commission, then the charter school is its own local education 
13agency. 
14(Source: P.A. 101-50, eff. 7-1-20; 101-81, eff. 7-12-19; 
15101-291, eff. 1-1-20; 101-531, eff. 8-23-19; 101-543, eff. 
168-23-19; 101-654, eff. 3-8-21; 102-51, eff. 7-9-21; 102-157, 
17eff. 7-1-22; 102-360, eff. 1-1-22; 102-445, eff. 8-20-21; 
18102-522, eff. 8-20-21; 102-558, eff. 8-20-21; 102-676, eff. 
1912-3-21; 102-697, eff. 4-5-22; 102-702, eff. 7-1-23; 102-805, 
20eff. 1-1-23; 102-813, eff. 5-13-22; revised 12-13-22.)

21 (Text of Section after amendment by P.A. 102-466)
22 Sec. 27A-5. Charter school; legal entity; requirements. 

23 (a) A charter school shall be a public, nonsectarian, 
24nonreligious, non-home
based, and non-profit school. A charter 
25school shall be organized and operated
as a nonprofit 
 
 
10300SB0090sam003- 36 -LRB103 05472 RPS 61658 a


1corporation or other discrete, legal, nonprofit entity

2authorized under the laws of the State of Illinois.

3 (b) A charter school may be established under this Article 
4by creating a new
school or by converting an existing public 
5school or attendance center to
charter
school status.

6Beginning on April 16, 2003 (the effective date of Public Act 
793-3), in all new
applications to establish
a charter
school 
8in a city having a population exceeding 500,000, operation of 
9the
charter
school shall be limited to one campus. The changes 
10made to this Section by Public Act 93-3 do not apply to charter 
11schools existing or approved on or before April 16, 2003 (the

12effective date of Public Act 93-3).
13 (b-5) In this subsection (b-5), "virtual-schooling" means 
14a cyber school where students engage in online curriculum and 
15instruction via the Internet and electronic communication with 
16their teachers at remote locations and with students 
17participating at different times. 
18 From April 1, 2013 through December 31, 2016, there is a 
19moratorium on the establishment of charter schools with 
20virtual-schooling components in school districts other than a 
21school district organized under Article 34 of this Code. This 
22moratorium does not apply to a charter school with 
23virtual-schooling components existing or approved prior to 
24April 1, 2013 or to the renewal of the charter of a charter 
25school with virtual-schooling components already approved 
26prior to April 1, 2013.

 
 
10300SB0090sam003- 37 -LRB103 05472 RPS 61658 a


1 (c) A charter school shall be administered and governed by 
2its board of
directors or other governing body
in the manner 
3provided in its charter. The governing body of a charter 
4school
shall be subject to the Freedom of Information Act and 
5the Open Meetings Act. No later than January 1, 2021 (one year 
6after the effective date of Public Act 101-291), a charter 
7school's board of directors or other governing body must 
8include at least one parent or guardian of a pupil currently 
9enrolled in the charter school who may be selected through the 
10charter school or a charter network election, appointment by 
11the charter school's board of directors or other governing 
12body, or by the charter school's Parent Teacher Organization 
13or its equivalent. 
14 (c-5) No later than January 1, 2021 (one year after the 
15effective date of Public Act 101-291) or within the first year 
16of his or her first term, every voting member of a charter 
17school's board of directors or other governing body shall 
18complete a minimum of 4 hours of professional development 
19leadership training to ensure that each member has sufficient 
20familiarity with the board's or governing body's role and 
21responsibilities, including financial oversight and 
22accountability of the school, evaluating the principal's and 
23school's performance, adherence to the Freedom of Information 
24Act and the Open Meetings Act, and compliance with education 
25and labor law. In each subsequent year of his or her term, a 
26voting member of a charter school's board of directors or 
 
 
10300SB0090sam003- 38 -LRB103 05472 RPS 61658 a


1other governing body shall complete a minimum of 2 hours of 
2professional development training in these same areas. The 
3training under this subsection may be provided or certified by 
4a statewide charter school membership association or may be 
5provided or certified by other qualified providers approved by 
6the State Board of Education. 

7 (d) For purposes of this subsection (d), "non-curricular 
8health and safety requirement" means any health and safety 
9requirement created by statute or rule to provide, maintain, 
10preserve, or safeguard safe or healthful conditions for 
11students and school personnel or to eliminate, reduce, or 
12prevent threats to the health and safety of students and 
13school personnel. "Non-curricular health and safety 
14requirement" does not include any course of study or 
15specialized instructional requirement for which the State 
16Board has established goals and learning standards or which is 
17designed primarily to impart knowledge and skills for students 
18to master and apply as an outcome of their education.
19 A charter school shall comply with all non-curricular 
20health and safety
requirements applicable to public schools 
21under the laws of the State of
Illinois. On or before September 
221, 2015, the State Board shall promulgate and post on its 
23Internet website a list of non-curricular health and safety 
24requirements that a charter school must meet. The list shall 
25be updated annually no later than September 1. Any charter 
26contract between a charter school and its authorizer must 
 
 
10300SB0090sam003- 39 -LRB103 05472 RPS 61658 a


1contain a provision that requires the charter school to follow 
2the list of all non-curricular health and safety requirements 
3promulgated by the State Board and any non-curricular health 
4and safety requirements added by the State Board to such list 
5during the term of the charter. Nothing in this subsection (d) 
6precludes an authorizer from including non-curricular health 
7and safety requirements in a charter school contract that are 
8not contained in the list promulgated by the State Board, 
9including non-curricular health and safety requirements of the 
10authorizing local school board. 

11 (e) Except as otherwise provided in the School Code, a 
12charter school shall
not charge tuition; provided that a 
13charter school may charge reasonable fees
for textbooks, 
14instructional materials, and student activities.

15 (f) A charter school shall be responsible for the 
16management and operation
of its fiscal affairs, including,
but 
17not limited to, the preparation of its budget. An audit of each 
18charter
school's finances shall be conducted annually by an 
19outside, independent
contractor retained by the charter 
20school. The contractor shall not be an employee of the charter 
21school or affiliated with the charter school or its authorizer 
22in any way, other than to audit the charter school's finances. 
23To ensure financial accountability for the use of public 
24funds, on or before December 1 of every year of operation, each 
25charter school shall submit to its authorizer and the State 
26Board a copy of its audit and a copy of the Form 990 the 
 
 
10300SB0090sam003- 40 -LRB103 05472 RPS 61658 a


1charter school filed that year with the federal Internal 
2Revenue Service. In addition, if deemed necessary for proper 
3financial oversight of the charter school, an authorizer may 
4require quarterly financial statements from each charter 
5school. 

6 (g) A charter school shall comply with all provisions of 
7this Article, the Illinois Educational Labor Relations Act, 
8all federal and State laws and rules applicable to public 
9schools that pertain to special education and the instruction 
10of English learners, and
its charter. A charter
school is 
11exempt from all other State laws and regulations in this Code

12governing public
schools and local school board policies; 
13however, a charter school is not exempt from the following:

14  (1) Sections 10-21.9 and 34-18.5 of this Code 
15 regarding criminal
history records checks and checks of 
16 the Statewide Sex Offender Database and Statewide Murderer 
17 and Violent Offender Against Youth Database of applicants 
18 for employment;

19  (2) Sections 10-20.14, 10-22.6, 24-24, 34-19, and 
20 34-84a of this Code regarding discipline of
students;

21  (3) the Local Governmental and Governmental Employees 
22 Tort Immunity Act;

23  (4) Section 108.75 of the General Not For Profit 
24 Corporation Act of 1986
regarding indemnification of 
25 officers, directors, employees, and agents;

26  (5) the Abused and Neglected Child Reporting Act;

 
 
10300SB0090sam003- 41 -LRB103 05472 RPS 61658 a


1  (5.5) subsection (b) of Section 10-23.12 and 
2 subsection (b) of Section 34-18.6 of this Code;
3  (6) the Illinois School Student Records Act;

4  (7) Section 10-17a of this Code regarding school 
5 report cards;

6  (8) the P-20 Longitudinal Education Data System Act;
7  (9) Section 27-23.7 of this Code regarding bullying 
8 prevention;
9  (10) Section 2-3.162 of this Code regarding student 
10 discipline reporting;
11  (11) Sections 22-80 and 27-8.1 of this Code;
12  (12) Sections 10-20.60 and 34-18.53 of this Code;
13  (13) Sections 10-20.63 and 34-18.56 of this Code;
14  (14) Sections 22-90 and 26-18 of this Code;
15  (15) Section 22-30 of this Code; 
16  (16) Sections 24-12 and 34-85 of this Code;
17  (17) the Seizure Smart School Act;
18  (18) Section 2-3.64a-10 of this Code;
19  (19) Sections 10-20.73 and 34-21.9 of this Code;
20  (20) Section 10-22.25b of this Code;
21  (21) Section 27-9.1a of this Code;
22  (22) Section 27-9.1b of this Code; 
23  (23) Section 34-18.8 of this Code; 
24  (24) Article 26A of this Code; and
25  (25) Section 2-3.188 of this Code;
26  (26) Section 22-85.5 of this Code; 
 
 
10300SB0090sam003- 42 -LRB103 05472 RPS 61658 a


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

24However, a charter school
that is established on
or
after 
25April 16, 2003 (the effective date of Public Act 93-3) and that 
26operates
in a city having a population exceeding
500,000 may 
 
 
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1not contract with a for-profit entity to
manage or operate the 
2school during the period that commences on April 16, 2003 (the

3effective date of Public Act 93-3) and
concludes at the end of 
4the 2004-2005 school year.
Except as provided in subsection 
5(i) of this Section, a school district may
charge a charter 
6school reasonable rent for the use of the district's

7buildings, grounds, and facilities. Any services for which a 
8charter school
contracts
with a school district shall be 
9provided by the district at cost. Any services
for which a 
10charter school contracts with a local school board or with the

11governing body of a State college or university or public 
12community college
shall be provided by the public entity at 
13cost.

14 (i) In no event shall a charter school that is established 
15by converting an
existing school or attendance center to 
16charter school status be required to
pay rent for space
that is 
17deemed available, as negotiated and provided in the charter 
18agreement,
in school district
facilities. However, all other 
19costs for the operation and maintenance of
school district 
20facilities that are used by the charter school shall be 
21subject
to negotiation between
the charter school and the 
22local school board and shall be set forth in the
charter.

23 (j) A charter school may limit student enrollment by age 
24or grade level.

25 (k) If the charter school is approved by the State Board or 
26Commission, then the charter school is its own local education 
 
 
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1agency. 
2(Source: P.A. 101-50, eff. 7-1-20; 101-81, eff. 7-12-19; 
3101-291, eff. 1-1-20; 101-531, eff. 8-23-19; 101-543, eff. 
48-23-19; 101-654, eff. 3-8-21; 102-51, eff. 7-9-21; 102-157, 
5eff. 7-1-22; 102-360, eff. 1-1-22; 102-445, eff. 8-20-21; 
6102-466, eff. 7-1-25; 102-522, eff. 8-20-21; 102-558, eff. 
78-20-21; 102-676, eff. 12-3-21; 102-697, eff. 4-5-22; 102-702, 
8eff. 7-1-23; 102-805, eff. 1-1-23; 102-813, eff. 5-13-22; 
9revised 12-13-22.)




10 (105 ILCS 5/34-18.62)


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

10(Source: P.A. 101-418, eff. 1-1-20; 102-558, eff. 8-20-21.)


11 Section 15. The Illinois Human Rights Act is amended by 
12changing Sections 1-102, 5-102.2, 5A-101, 5A-102, and 6-101 
13and by adding Sections 5A-103 and 5A-104 as follows:

14 (775 ILCS 5/1-102) (from Ch. 68, par. 1-102)
15 Sec. 1-102. Declaration of Policy.  It is the public 
16policy of this State:


17 (A) Freedom from Unlawful Discrimination. To secure for 
18all individuals
within Illinois the freedom from 
19discrimination based on against any individual because
of his 
20or her race, color, religion, sex, national origin, ancestry, 
21age, order of protection status,
marital status, physical or 
22mental disability, military
status, sexual orientation, 
23pregnancy, or unfavorable
discharge from military service in 
24connection with employment, real estate
transactions, access 
 
 
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1to financial credit, and the availability of public

2accommodations, including in elementary, secondary, and higher 
3education.


4 (B) Freedom from Sexual Harassment-Employment and 
5Elementary, Secondary, and Higher Education.
To prevent sexual 
6harassment in employment and sexual harassment in
elementary, 
7secondary, and higher education.


8 (C) Freedom from Discrimination Based on Citizenship 
9Status-Employment.
To prevent discrimination based on 
10citizenship status in employment.


11 (C-5) Freedom from Discrimination Based on Work 
12Authorization Status-Employment. To prevent discrimination 
13based on the specific status or term of status that 
14accompanies a legal work authorization. 
15 (D) Freedom from Discrimination Based on Familial Status 
16or Source of Income-Real Estate
Transactions. To prevent 
17discrimination based on familial status or source of income in 
18real
estate transactions.


19 (E) Public Health, Welfare and Safety. To promote the 
20public health,
welfare and safety by protecting the interest 
21of all people in Illinois
in maintaining personal dignity, in 
22realizing their full productive
capacities, and in furthering 
23their interests, rights and privileges as
citizens of this 
24State.


25 (F) Implementation of Constitutional Guarantees. To secure 
26and
guarantee the rights established by Sections 17, 18 and 19 
 
 
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1of Article I
of the Illinois Constitution of 1970.


2 (G) Equal Opportunity, Affirmative Action. To establish 
3Equal
Opportunity and Affirmative Action as the policies of 
4this State in all
of its decisions, programs and activities, 
5and to assure that all State
departments, boards, commissions 
6and instrumentalities rigorously take
affirmative action to 
7provide equality of opportunity and eliminate the
effects of 
8past discrimination in the internal affairs of State

9government and in their relations with the public.


10 (H) Unfounded Charges. To protect citizens of this State 
11against
unfounded charges of prohibited unlawful 
12discrimination, sexual harassment in
employment, real estate 
13transactions, financial credit, and public accommodations, 
14including and sexual harassment in elementary, secondary, and 
15higher education, and discrimination
based on citizenship 
16status or work authorization status in employment.


17(Source: P.A. 102-233, eff. 8-2-21; 102-896, eff. 1-1-23.)


18 (775 ILCS 5/5-102.2)
19 Sec. 5-102.2. Jurisdiction limited. In regard to places of 
20public accommodation defined in paragraph (11) of Section 
215-101, the jurisdiction under this Article of the Department 
22is limited to: (1) the failure to enroll an individual; (2) the 
23denial or refusal of full and equal enjoyment of facilities, 
24goods, or services; or (3) severe or pervasive harassment of 
25an individual when the covered entity fails to take corrective 
 
 
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1action to stop the severe or pervasive harassment. This 
2limitation on jurisdiction set forth in this Section does not 
3apply to civil rights violations under Article 2, 3, 4, 5A, or 
46. 

5(Source: P.A. 102-1102, eff. 1-1-23.)

6 (775 ILCS 5/5A-101) (from Ch. 68, par. 5A-101)

7 Sec. 5A-101. Definitions.  The following definitions are 
8applicable
strictly in the content of this Article, except 
9that the term "sexual
harassment
in elementary, secondary, and

10higher education" as defined herein has the meaning herein 
11ascribed to
it whenever that term is used anywhere in this Act.


12 (A) Institution of Elementary, Secondary, or Higher 
13Education. "Institution of elementary, secondary, or higher 
14education"
means: (1) a
publicly or privately operated 
15university, college,
community
college, junior college, 
16business or vocational school, or other educational

17institution offering degrees and instruction beyond the

18secondary
school level; or
(2) a publicly or privately 
19operated elementary school or secondary school.


20 (B) Degree. "Degree" means: (1) a
designation, 
21appellation,
series of letters
or words or other symbols which 
22signifies or purports to signify that the
recipient thereof 
23has satisfactorily completed an organized academic, business

24or vocational program of study offered beyond the
secondary

25school level; or (2) a designation signifying that the 
 
 
10300SB0090sam003- 49 -LRB103 05472 RPS 61658 a


1recipient has
graduated from an elementary school or secondary 
2school.


3 (C) Student. "Student" means any individual admitted to or 
4applying for
admission to an institution of elementary, 
5secondary, or higher education, or
enrolled on a full or
part 
6time basis in a course or program of academic, business or 
7vocational
instruction offered by or through an institution of 
8elementary, secondary, or higher education.


9 (D) Elementary, Secondary, or Higher Education 
10Representative. "Elementary, secondary, or higher education

11representative"
means and includes the president, chancellor 
12or other holder of any executive
office on the administrative 
13staff of an institution of higher education,
an administrator 
14of an elementary school or secondary school, a
member of the 
15faculty of an institution of higher education,
including
but 
16not limited to a dean or associate or assistant dean, a 
17professor or
associate or assistant professor, and a full or 
18part time instructor or
visiting professor, including a 
19graduate assistant or other student who
is employed on a 
20temporary basis of less than full time as a teacher or

21instructor of any course or program of academic, business or 
22vocational
instruction offered by or through an institution of 
23higher education, and any
teacher, instructor, or other 
24employee of an elementary school or secondary school.


25 (E) Sexual Harassment in Elementary, Secondary, and Higher 
26Education. "Sexual harassment in
elementary, secondary, and

 
 
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1higher
education" means any unwelcome sexual advances or 
2requests for sexual favors
made by an elementary, secondary, 
3or
higher
education representative to a student, or any

4conduct of
a sexual nature exhibited by
an elementary, 
5secondary, or
higher education representative
toward a

6student, when such conduct has the purpose of substantially 
7interfering
with the student's educational performance or 
8creating an intimidating,
hostile or offensive educational 
9environment; or when the elementary, secondary, or higher 
10education
representative either explicitly or implicitly makes 
11the student's submission
to such conduct a term or condition 
12of, or uses the student's submission
to or rejection of such 
13conduct as a basis for determining:


14  (1) Whether the student will be admitted to an 
15 institution
of elementary, secondary, or higher education;


16  (2) The educational performance required or expected 
17 of the student;


18  (3) The attendance or assignment requirements 
19 applicable to the student;


20  (4) To what courses, fields of study or programs, 
21 including honors and
graduate programs, the student will 
22 be admitted;


23  (5) What placement or course proficiency requirements 
24 are applicable to the
student;


25  (6) The quality of instruction the student will 
26 receive;


 
 
10300SB0090sam003- 51 -LRB103 05472 RPS 61658 a


1  (7) What tuition or fee requirements are applicable to 
2 the student;


3  (8) What scholarship opportunities are available to 
4 the student;


5  (9) What extracurricular teams the student will be a 
6 member of or in what
extracurricular competitions the 
7 student will participate;


8  (10) Any grade the student will receive in any 
9 examination or in any course
or program of instruction in 
10 which the student is enrolled;


11  (11) The progress of the student toward successful 
12 completion of or graduation
from any course or program of 
13 instruction in which the student is enrolled; or


14  (12) What degree, if any, the student will receive.


15 (F) Harassment in Elementary, Secondary, or Higher 
16Education. "Harassment in elementary, secondary, or higher 
17education" means any unwelcome conduct by an elementary, 
18secondary or higher education representative toward a student

19on the basis of a student's actual or perceived race, color, 
20religion, national origin, ancestry, age, sex, marital status, 
21order of protection status, disability, military status, 
22sexual orientation, pregnancy, or unfavorable discharge from 
23military service that has the purpose or effect of 
24substantially interfering with a student's educational 
25performance or creating an intimidating, hostile, or offensive 
26educational environment.
 
 
10300SB0090sam003- 52 -LRB103 05472 RPS 61658 a


1 (G) Educational Environment. "Educational environment" 
2includes conduct that occurs at school, school-related 
3activities, or events, and may include conduct that occurs off 
4school grounds, subject to applicable State and federal law. 
5(Source: P.A. 96-1319, eff. 7-27-10.)





6 (775 ILCS 5/5A-102) (from Ch. 68, par. 5A-102)



7 Sec. 5A-102. Civil Rights Violations-Elementary, 
8Secondary, and Higher Education. It is a civil
rights 
9violation:

10  (A) Sexual Harassment; Elementary Elementary, 
11 Secondary, or Higher Education Representative. For any 
12 elementary, secondary, or higher education representative

13 to commit or engage in sexual harassment in elementary, 
14 secondary, or higher education.

15  (B) Sexual Harassment; Institution Institution of 
16 Elementary, Secondary, or Higher Education. For any 
17 institution of elementary, secondary, or higher education

18 to fail to take remedial action, or to fail to take 
19 appropriate disciplinary
action against an elementary, 
20 secondary, or higher education representative employed by 
21 such institution,
when such institution knows that such 
22 elementary, secondary, or higher education representative 
23 was
committing or engaging in or committed or engaged
in 
24 sexual harassment in elementary, secondary, or higher 
25 education.

 
 
10300SB0090sam003- 53 -LRB103 05472 RPS 61658 a


1  (C) Harassment; Elementary, Secondary, or Higher 
2 Education Representative. For any elementary, secondary, 
3 or higher education representative to commit or engage in 
4 harassment in elementary, secondary, or higher education. 
5  (D) Harassment; Institution of Elementary, Secondary, 
6 or Higher Education. For any institution of elementary, 
7 secondary, or higher education to fail to take appropriate 
8 corrective action to stop harassment if the institution 
9 knows that an elementary, secondary, or higher education 
10 representative was committing or engaging in or committed 
11 or engaged in harassment in elementary, secondary, or 
12 higher education. 
13  (E) Failure to Report. For any school district 
14 established under the School Code or institutions of 
15 elementary or secondary education covered by this Act to 
16 fail to disclose information as required by Section 
17 2-3.196 of the School Code.
18  (F) Exemptions. Nothing in Article 5A shall be 
19 construed to limit jurisdiction under Section 5-102.2. 
20 Subsections (C), (D), and (E) shall apply solely to 
21 nonsectarian institutions of elementary, secondary or 
22 higher education and elementary, secondary, or higher 
23 education representatives employed by such nonsectarian 
24 institutions. 
25(Source: P.A. 96-574, eff. 8-18-09; 96-1319, eff. 7-27-10.)


 
 
10300SB0090sam003- 54 -LRB103 05472 RPS 61658 a


1 (775 ILCS 5/5A-103 new)
2 Sec. 5A-103. Discrimination and harassment based on race, 
3color, or national origin; and retaliation.
4 (a) The General Assembly finds that harassment and 
5discrimination based on race, color, or national origin has a 
6detrimental influence in schools, contributing to 
7psychological and physical harm and poorer academic outcomes 
8for students of color, and higher rates of teacher turnover 
9among teachers of color. It is the General Assembly's intent 
10that each institution of elementary and secondary education in 
11the State adopt and actively implement policies to reduce and 
12respond effectively to harassment and discrimination based on 
13race, color, or national origin; to provide students, parents 
14or guardians, and employees information on how to recognize 
15and report harassment and discrimination; and, for students, 
16parents or guardians, and employees, to report harassment and 
17discrimination based on race, color, or national origin 
18without fear of retaliation, loss of status, or loss of 
19opportunities.
20 (b) The Department shall produce a model training program 
21aimed at the prevention of discrimination and harassment based 
22on race, color, and national origin in institutions of 
23elementary and secondary education. The model program shall be 
24made available to institutions of elementary and secondary 
25education and to the public online at no cost. This model 
26program shall regard participants as potential bystanders, 
 
 
10300SB0090sam003- 55 -LRB103 05472 RPS 61658 a


1rather than potential offenders, and include, at a minimum, 
2the following:
3  (1) a primary focus on preventing discrimination and 
4 harassment based on race, color, or national origin and 
5 retaliation;
6  (2) an explanation of discrimination and harassment 
7 based on race, color, or national origin and retaliation;
8  (3) examples of conduct that constitutes 
9 discrimination and harassment based on race, color, or 
10 national origin and retaliation;
11  (4) an explanation, with examples, of how patterns of 
12 conduct can, taken together over time, rise to the level 
13 of bullying, harassment, or discrimination;
14  (5) an explanation of the difference between 
15 discrimination based on disparate treatment and 
16 discrimination based on disparate impact;
17  (6) a summary of other classes that are protected from 
18 harassment and discrimination, and a statement that 
19 training intended to improve recognition of discrimination 
20 and harassment based on race, color, and national origin 
21 does not diminish protections under the law for other 
22 protected classes;
23  (7) an explanation of the difference between 
24 harassment as defined under this Act and bullying;
25  (8) a summary of relevant federal and State statutory 
26 protections and remedies available to victims concerning 
 
 
10300SB0090sam003- 56 -LRB103 05472 RPS 61658 a


1 discrimination and harassment based on race, color, and 
2 national origin, and retaliation, including, but not 
3 limited to, a summary of this Act's protections from 
4 discrimination, harassment and retaliation in the 
5 following contexts:
6   (a) students toward other students;
7   (b) teachers and other employees of an elementary 
8 or secondary school toward students;
9   (c) students toward teachers and other employees 
10 of an elementary or secondary school; and
11   (d) teachers and other employees of an elementary 
12 or secondary school toward other teachers and 
13 employees of an elementary or secondary school.
14  (9) directions on how to contact the Department if a 
15 school fails to take corrective action to stop the 
16 harassment or discrimination;
17  (10) a summary of responsibilities of institutions of 
18 elementary or secondary education in the prevention, 
19 investigation, and corrective measures of discrimination, 
20 harassment, and retaliation, including, but not limited 
21 to, explanation of responsibilities in the following 
22 contexts:
23   (a) students toward other students;
24   (b) teachers and other employees of an elementary 
25 or secondary school toward students;
26   (c) students toward teachers and other employees 
 
 
10300SB0090sam003- 57 -LRB103 05472 RPS 61658 a


1 of an elementary or secondary school; and
2   (d) teachers and other employees of an elementary 
3 or secondary school toward other teachers and 
4 employees of an elementary or secondary school; and
5  (11) an explanation of the liability for 
6 discrimination, harassment, and retaliation under this 
7 Act. 
8 (c) Every institution of elementary or secondary education 
9in this State shall use the model training program developed 
10by the Department, establish its own training program that 
11equals or exceeds the minimum standards set forth in 
12subsection (b), or use an existing discrimination and 
13harassment prevention training program that equals or exceeds 
14the minimum standards set forth in subsection (b). The 
15training program shall be provided as a component of all new 
16employee training programs for elementary and secondary 
17education representatives and to existing representatives at 
18least once every 2 years. For the purposes of satisfying the 
19requirements under this Section, the Department's model 
20program may be used to supplement any existing program an 
21institution of elementary or secondary education is utilizing 
22or develops.
23 (d) Upon notification of a violation of subsection (c), 
24the Department may launch a preliminary investigation. If the 
25Department finds a violation of this Section, the Department 
26may issue a notice to show cause, giving the institution of 
 
 
10300SB0090sam003- 58 -LRB103 05472 RPS 61658 a


1elementary or secondary education 30 days to correct the 
2violation. If the institution of elementary or secondary 
3education does not correct the violation within 30 days, the 
4Department may initiate a charge of a civil rights violation.

5 (775 ILCS 5/6-101) (from Ch. 68, par. 6-101)

6 Sec. 6-101. Additional civil rights violations under 
7Articles 2, 4, 5, and 5A, and 6. It is a civil rights
violation 
8for a person, or for 2 or more persons, to conspire to:


9  (A) Retaliation. Retaliate against a person because 
10 that person he or she has: 
11   (i) opposed or reported conduct that the person 
12 that which he or she reasonably and in good faith 
13 believes to be
prohibited unlawful discrimination, 
14 sexual harassment in employment, sexual
harassment in 
15 elementary, secondary, and higher
education, or 
16 discrimination based on arrest record, citizenship 
17 status, or work authorization status
in employment 
18 under Articles 2, 4, 5, and 5A, and 6; , because he or 
19 she has
20   (ii) made a charge, filed a complaint,
testified, 
21 assisted, or participated in an investigation, 
22 proceeding, or
hearing under this Act; or , or because 
23 he or she has
24   (iii) requested, attempted to request, used, or 
25 attempted to use a reasonable accommodation as allowed 
 
 
10300SB0090sam003- 59 -LRB103 05472 RPS 61658 a


1 by this Act;


2  (B) Aiding and Abetting; Coercion. Aid, abet, compel, 
3 or coerce a
person to commit any violation of this Act;


4  (C) Interference. Wilfully interfere with the 
5 performance of a duty
or the exercise of a power by the 
6 Commission or one of its members or
representatives or the 
7 Department or one of its officers or employees.


8 Definitions. For the purposes of this Section, "sexual

9harassment", "citizenship status", and "work authorization 
10status" shall have the same meaning as defined in
Section 
112-101 of this Act.


12(Source: P.A. 102-233, eff. 8-2-21; 102-362, eff. 1-1-22; 
13102-813, eff. 5-13-22.)


14 Section 95. No acceleration or delay. Where this Act makes 
15changes in a statute that is represented in this Act by text 
16that is not yet or no longer in effect (for example, a Section 
17represented by multiple versions), the use of that text does 
18not accelerate or delay the taking effect of (i) the changes 
19made by this Act or (ii) provisions derived from any other 
20Public Act.


21 Section 99. Effective date. This Act takes effect August 
221, 2024.".