Public Act 100-0887
 
SB3138 EnrolledLRB100 19604 AXK 34876 b


  
    AN ACT concerning education.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  



 
 
    Section 5. The Freedom of Information Act is amended  by 
changing Section 7.5 as follows:
 
    (5 ILCS 140/7.5)
    (Text of Section before amendment by P.A. 100-512 and 
100-517)
    Sec. 7.5. Statutory exemptions. To the extent provided for 
by the statutes referenced below, the following shall be exempt 
from inspection and copying:
        (a) All information determined to be confidential 
    under Section 4002 of the Technology Advancement and 
    Development Act.
        (b) Library circulation and order records identifying 
    library users with specific materials under the Library 
    Records Confidentiality Act.
        (c) Applications, related documents, and medical 
    records received by the Experimental Organ Transplantation 
    Procedures Board and any and all documents or other records 
    prepared by the Experimental Organ Transplantation 
    Procedures Board or its staff relating to applications it 
    has received.
        (d) Information and records held by the Department of 
    Public Health and its authorized representatives relating 
    to known or suspected cases of sexually transmissible 
    disease or any information the disclosure of which is 
    restricted under the Illinois Sexually Transmissible 
    Disease Control Act.
        (e) Information the disclosure of which is exempted 
    under Section 30 of the Radon Industry Licensing Act.
        (f) Firm performance evaluations under Section 55 of 
    the Architectural, Engineering, and Land Surveying 
    Qualifications Based Selection Act.
        (g) Information the disclosure of which is restricted 
    and exempted under Section 50 of the Illinois Prepaid 
    Tuition Act.
        (h) Information the disclosure of which is exempted 
    under the State Officials and Employees Ethics Act, and 
    records of any lawfully created State or  local inspector 
    general's office that would be exempt if created or 
    obtained by an Executive Inspector General's office under 
    that Act.
        (i) Information contained in a local emergency energy 
    plan submitted to a municipality in accordance with a local 
    emergency energy plan ordinance that is adopted under 
    Section 11-21.5-5 of the Illinois Municipal Code.
        (j) Information and data concerning the distribution 
    of surcharge moneys collected and remitted by carriers 
    under the Emergency Telephone System Act.
        (k) Law enforcement officer identification information 
    or driver identification information compiled by a law 
    enforcement agency or the Department of Transportation 
    under Section 11-212 of the Illinois Vehicle Code.
        (l) Records and information provided to a residential 
    health care facility resident sexual assault and death 
    review team or the Executive Council under the Abuse 
    Prevention Review Team Act.
        (m) Information provided to the predatory lending 
    database created pursuant to Article 3 of the Residential 
    Real Property Disclosure Act, except to the extent 
    authorized under that Article.
        (n) Defense budgets and petitions for certification of 
    compensation and expenses for court appointed trial 
    counsel as provided under Sections 10 and 15 of the Capital 
    Crimes Litigation Act. This subsection (n) shall apply 
    until the conclusion of the trial of the case, even if the 
    prosecution chooses not to pursue the death penalty prior 
    to trial or sentencing.
        (o) Information that is prohibited from being 
    disclosed under Section 4 of the Illinois Health and 
    Hazardous Substances Registry Act.
        (p) Security portions of system safety program plans, 
    investigation reports, surveys, schedules, lists, data, or 
    information compiled, collected, or prepared by or for the 
    Regional Transportation Authority under Section 2.11 of 
    the Regional Transportation Authority Act or the St. Clair 
    County Transit District under the Bi-State Transit Safety 
    Act. 
        (q) Information prohibited from being disclosed by the 
    Personnel Records Review Act. 
        (r) Information prohibited from being disclosed by the 
    Illinois School Student Records Act. 
        (s) Information the disclosure of which is restricted 
    under Section 5-108 of the Public Utilities Act. 

        (t) All identified or deidentified health information 
    in the form of health data or medical records contained in, 
    stored in, submitted to, transferred by, or released from 
    the Illinois Health Information Exchange, and identified 
    or deidentified health information in the form of  health 
    data and medical records of the Illinois Health Information 
    Exchange  in the possession of the Illinois Health 
    Information Exchange Authority due to its administration 
    of the Illinois Health Information Exchange. The terms 
    "identified" and "deidentified" shall be given the same 
    meaning as in the Health Insurance Portability and 
    Accountability Act of 1996, Public Law 104-191, or any 
    subsequent amendments thereto, and any regulations 
    promulgated thereunder. 
        (u) Records and information provided to an independent 
    team of experts under Brian's Law. 
        (v) Names and information of people who have applied 
    for or received Firearm Owner's Identification Cards under 
    the Firearm Owners Identification Card Act or applied for 
    or received a concealed carry license under the Firearm 
    Concealed Carry Act, unless otherwise authorized by the 
    Firearm Concealed Carry Act; and databases under the 
    Firearm Concealed Carry Act, records of the Concealed Carry 
    Licensing Review Board under the Firearm Concealed Carry 
    Act, and law enforcement agency objections under the 
    Firearm Concealed Carry Act. 
        (w) Personally identifiable information which is 
    exempted from disclosure under subsection (g) of Section 
    19.1 of the Toll Highway Act.
        (x) Information which is exempted from disclosure 
    under Section 5-1014.3 of the Counties Code or Section 
    8-11-21 of the Illinois Municipal Code. 
        (y) Confidential information under the Adult 
    Protective Services Act and its predecessor enabling 
    statute, the Elder Abuse and Neglect Act, including 
    information about the identity and administrative finding 
    against any caregiver of a verified and substantiated 
    decision of abuse, neglect, or financial exploitation of an 
    eligible adult maintained in the Registry established 
    under Section 7.5 of the Adult Protective Services Act. 
        (z) Records and information provided to a fatality 
    review team or the Illinois Fatality Review Team Advisory 
    Council under Section 15 of the Adult Protective Services 
    Act. 
        (aa) Information which is exempted from disclosure 
    under Section 2.37 of the Wildlife Code. 
        (bb) Information which is or was prohibited from 
    disclosure by the Juvenile Court Act of 1987. 
        (cc) Recordings made under the Law Enforcement 
    Officer-Worn Body Camera Act, except to the extent 
    authorized under that Act.
        (dd) Information that is prohibited from being 
    disclosed under Section 45 of the Condominium and Common 
    Interest Community Ombudsperson Act. 
        (ee) Information that is exempted from disclosure 
    under Section 30.1 of the Pharmacy Practice Act. 
        (ff) Information that is exempted from disclosure 
    under the Revised Uniform Unclaimed Property Act. 
        (gg) (ff) Information that is prohibited from being 
    disclosed under Section 7-603.5 of the Illinois Vehicle 
    Code. 
        (hh) (ff) Records that are exempt from disclosure under 
    Section 1A-16.7 of the Election Code. 
        (ii) (ff) Information which is exempted from 
    disclosure under Section 2505-800 of the Department of 
    Revenue Law of the Civil Administrative Code of Illinois. 
        (ll) Information that is exempt from disclosure under 
    Section 70 of the Higher Education Student Assistance Act. 
(Source: P.A. 99-78, eff. 7-20-15; 99-298, eff. 8-6-15; 99-352, 
eff. 1-1-16; 99-642, eff. 7-28-16; 99-776, eff. 8-12-16; 
99-863, eff. 8-19-16; 100-20, eff. 7-1-17; 100-22, eff. 1-1-18; 
100-201, eff. 8-18-17; 100-373, eff. 1-1-18; 100-464, eff. 
8-28-17; 100-465, eff. 8-31-17; revised 11-2-17.)
 
    (Text of Section after amendment by P.A. 100-517 but before 
amendment by P.A. 100-512)
    Sec. 7.5. Statutory exemptions. To the extent provided for 
by the statutes referenced below, the following shall be exempt 
from inspection and copying:
        (a) All information determined to be confidential 
    under Section 4002 of the Technology Advancement and 
    Development Act.
        (b) Library circulation and order records identifying 
    library users with specific materials under the Library 
    Records Confidentiality Act.
        (c) Applications, related documents, and medical 
    records received by the Experimental Organ Transplantation 
    Procedures Board and any and all documents or other records 
    prepared by the Experimental Organ Transplantation 
    Procedures Board or its staff relating to applications it 
    has received.
        (d) Information and records held by the Department of 
    Public Health and its authorized representatives relating 
    to known or suspected cases of sexually transmissible 
    disease or any information the disclosure of which is 
    restricted under the Illinois Sexually Transmissible 
    Disease Control Act.
        (e) Information the disclosure of which is exempted 
    under Section 30 of the Radon Industry Licensing Act.
        (f) Firm performance evaluations under Section 55 of 
    the Architectural, Engineering, and Land Surveying 
    Qualifications Based Selection Act.
        (g) Information the disclosure of which is restricted 
    and exempted under Section 50 of the Illinois Prepaid 
    Tuition Act.
        (h) Information the disclosure of which is exempted 
    under the State Officials and Employees Ethics Act, and 
    records of any lawfully created State or  local inspector 
    general's office that would be exempt if created or 
    obtained by an Executive Inspector General's office under 
    that Act.
        (i) Information contained in a local emergency energy 
    plan submitted to a municipality in accordance with a local 
    emergency energy plan ordinance that is adopted under 
    Section 11-21.5-5 of the Illinois Municipal Code.
        (j) Information and data concerning the distribution 
    of surcharge moneys collected and remitted by carriers 
    under the Emergency Telephone System Act.
        (k) Law enforcement officer identification information 
    or driver identification information compiled by a law 
    enforcement agency or the Department of Transportation 
    under Section 11-212 of the Illinois Vehicle Code.
        (l) Records and information provided to a residential 
    health care facility resident sexual assault and death 
    review team or the Executive Council under the Abuse 
    Prevention Review Team Act.
        (m) Information provided to the predatory lending 
    database created pursuant to Article 3 of the Residential 
    Real Property Disclosure Act, except to the extent 
    authorized under that Article.
        (n) Defense budgets and petitions for certification of 
    compensation and expenses for court appointed trial 
    counsel as provided under Sections 10 and 15 of the Capital 
    Crimes Litigation Act. This subsection (n) shall apply 
    until the conclusion of the trial of the case, even if the 
    prosecution chooses not to pursue the death penalty prior 
    to trial or sentencing.
        (o) Information that is prohibited from being 
    disclosed under Section 4 of the Illinois Health and 
    Hazardous Substances Registry Act.
        (p) Security portions of system safety program plans, 
    investigation reports, surveys, schedules, lists, data, or 
    information compiled, collected, or prepared by or for the 
    Regional Transportation Authority under Section 2.11 of 
    the Regional Transportation Authority Act or the St. Clair 
    County Transit District under the Bi-State Transit Safety 
    Act. 
        (q) Information prohibited from being disclosed by the 
    Personnel Records Review Act. 
        (r) Information prohibited from being disclosed by the 
    Illinois School Student Records Act. 
        (s) Information the disclosure of which is restricted 
    under Section 5-108 of the Public Utilities Act. 

        (t) All identified or deidentified health information 
    in the form of health data or medical records contained in, 
    stored in, submitted to, transferred by, or released from 
    the Illinois Health Information Exchange, and identified 
    or deidentified health information in the form of  health 
    data and medical records of the Illinois Health Information 
    Exchange  in the possession of the Illinois Health 
    Information Exchange Authority due to its administration 
    of the Illinois Health Information Exchange. The terms 
    "identified" and "deidentified" shall be given the same 
    meaning as in the Health Insurance Portability and 
    Accountability Act of 1996, Public Law 104-191, or any 
    subsequent amendments thereto, and any regulations 
    promulgated thereunder. 
        (u) Records and information provided to an independent 
    team of experts under Brian's Law. 
        (v) Names and information of people who have applied 
    for or received Firearm Owner's Identification Cards under 
    the Firearm Owners Identification Card Act or applied for 
    or received a concealed carry license under the Firearm 
    Concealed Carry Act, unless otherwise authorized by the 
    Firearm Concealed Carry Act; and databases under the 
    Firearm Concealed Carry Act, records of the Concealed Carry 
    Licensing Review Board under the Firearm Concealed Carry 
    Act, and law enforcement agency objections under the 
    Firearm Concealed Carry Act. 
        (w) Personally identifiable information which is 
    exempted from disclosure under subsection (g) of Section 
    19.1 of the Toll Highway Act.
        (x) Information which is exempted from disclosure 
    under Section 5-1014.3 of the Counties Code or Section 
    8-11-21 of the Illinois Municipal Code. 
        (y) Confidential information under the Adult 
    Protective Services Act and its predecessor enabling 
    statute, the Elder Abuse and Neglect Act, including 
    information about the identity and administrative finding 
    against any caregiver of a verified and substantiated 
    decision of abuse, neglect, or financial exploitation of an 
    eligible adult maintained in the Registry established 
    under Section 7.5 of the Adult Protective Services Act. 
        (z) Records and information provided to a fatality 
    review team or the Illinois Fatality Review Team Advisory 
    Council under Section 15 of the Adult Protective Services 
    Act. 
        (aa) Information which is exempted from disclosure 
    under Section 2.37 of the Wildlife Code. 
        (bb) Information which is or was prohibited from 
    disclosure by the Juvenile Court Act of 1987. 
        (cc) Recordings made under the Law Enforcement 
    Officer-Worn Body Camera Act, except to the extent 
    authorized under that Act.
        (dd) Information that is prohibited from being 
    disclosed under Section 45 of the Condominium and Common 
    Interest Community Ombudsperson Act. 
        (ee) Information that is exempted from disclosure 
    under Section 30.1 of the Pharmacy Practice Act. 
        (ff) Information that is exempted from disclosure 
    under the Revised Uniform Unclaimed Property Act. 
        (gg) (ff) Information that is prohibited from being 
    disclosed under Section 7-603.5 of the Illinois Vehicle 
    Code. 
        (hh) (ff) Records that are exempt from disclosure under 
    Section 1A-16.7 of the Election Code. 
        (ii) (ff) Information which is exempted from 
    disclosure under Section 2505-800 of the Department of 
    Revenue Law of the Civil Administrative Code of Illinois. 
        (jj) (ff) Information and reports that are required to 
    be submitted to the Department of Labor by registering day 
    and temporary labor service agencies but are exempt from 
    disclosure under subsection (a-1) of Section 45 of the Day 
    and Temporary Labor Services Act. 
        (ll) Information that is exempt from disclosure under 
    Section 70 of the Higher Education Student Assistance Act. 
(Source: P.A. 99-78, eff. 7-20-15; 99-298, eff. 8-6-15; 99-352, 
eff. 1-1-16; 99-642, eff. 7-28-16; 99-776, eff. 8-12-16; 
99-863, eff. 8-19-16; 100-20, eff. 7-1-17; 100-22, eff. 1-1-18; 
100-201, eff. 8-18-17; 100-373, eff. 1-1-18; 100-464, eff. 
8-28-17; 100-465, eff. 8-31-17; 100-517, eff. 6-1-18; revised 
11-2-17.)
 
    (Text of Section after amendment by P.A. 100-512)
    Sec. 7.5. Statutory exemptions. To the extent provided for 
by the statutes referenced below, the following shall be exempt 
from inspection and copying:
        (a) All information determined to be confidential 
    under Section 4002 of the Technology Advancement and 
    Development Act.
        (b) Library circulation and order records identifying 
    library users with specific materials under the Library 
    Records Confidentiality Act.
        (c) Applications, related documents, and medical 
    records received by the Experimental Organ Transplantation 
    Procedures Board and any and all documents or other records 
    prepared by the Experimental Organ Transplantation 
    Procedures Board or its staff relating to applications it 
    has received.
        (d) Information and records held by the Department of 
    Public Health and its authorized representatives relating 
    to known or suspected cases of sexually transmissible 
    disease or any information the disclosure of which is 
    restricted under the Illinois Sexually Transmissible 
    Disease Control Act.
        (e) Information the disclosure of which is exempted 
    under Section 30 of the Radon Industry Licensing Act.
        (f) Firm performance evaluations under Section 55 of 
    the Architectural, Engineering, and Land Surveying 
    Qualifications Based Selection Act.
        (g) Information the disclosure of which is restricted 
    and exempted under Section 50 of the Illinois Prepaid 
    Tuition Act.
        (h) Information the disclosure of which is exempted 
    under the State Officials and Employees Ethics Act, and 
    records of any lawfully created State or  local inspector 
    general's office that would be exempt if created or 
    obtained by an Executive Inspector General's office under 
    that Act.
        (i) Information contained in a local emergency energy 
    plan submitted to a municipality in accordance with a local 
    emergency energy plan ordinance that is adopted under 
    Section 11-21.5-5 of the Illinois Municipal Code.
        (j) Information and data concerning the distribution 
    of surcharge moneys collected and remitted by carriers 
    under the Emergency Telephone System Act.
        (k) Law enforcement officer identification information 
    or driver identification information compiled by a law 
    enforcement agency or the Department of Transportation 
    under Section 11-212 of the Illinois Vehicle Code.
        (l) Records and information provided to a residential 
    health care facility resident sexual assault and death 
    review team or the Executive Council under the Abuse 
    Prevention Review Team Act.
        (m) Information provided to the predatory lending 
    database created pursuant to Article 3 of the Residential 
    Real Property Disclosure Act, except to the extent 
    authorized under that Article.
        (n) Defense budgets and petitions for certification of 
    compensation and expenses for court appointed trial 
    counsel as provided under Sections 10 and 15 of the Capital 
    Crimes Litigation Act. This subsection (n) shall apply 
    until the conclusion of the trial of the case, even if the 
    prosecution chooses not to pursue the death penalty prior 
    to trial or sentencing.
        (o) Information that is prohibited from being 
    disclosed under Section 4 of the Illinois Health and 
    Hazardous Substances Registry Act.
        (p) Security portions of system safety program plans, 
    investigation reports, surveys, schedules, lists, data, or 
    information compiled, collected, or prepared by or for the 
    Regional Transportation Authority under Section 2.11 of 
    the Regional Transportation Authority Act or the St. Clair 
    County Transit District under the Bi-State Transit Safety 
    Act. 
        (q) Information prohibited from being disclosed by the 
    Personnel Records Review Act. 
        (r) Information prohibited from being disclosed by the 
    Illinois School Student Records Act. 
        (s) Information the disclosure of which is restricted 
    under Section 5-108 of the Public Utilities Act. 

        (t) All identified or deidentified health information 
    in the form of health data or medical records contained in, 
    stored in, submitted to, transferred by, or released from 
    the Illinois Health Information Exchange, and identified 
    or deidentified health information in the form of  health 
    data and medical records of the Illinois Health Information 
    Exchange  in the possession of the Illinois Health 
    Information Exchange Authority due to its administration 
    of the Illinois Health Information Exchange. The terms 
    "identified" and "deidentified" shall be given the same 
    meaning as in the Health Insurance Portability and 
    Accountability Act of 1996, Public Law 104-191, or any 
    subsequent amendments thereto, and any regulations 
    promulgated thereunder. 
        (u) Records and information provided to an independent 
    team of experts under Brian's Law. 
        (v) Names and information of people who have applied 
    for or received Firearm Owner's Identification Cards under 
    the Firearm Owners Identification Card Act or applied for 
    or received a concealed carry license under the Firearm 
    Concealed Carry Act, unless otherwise authorized by the 
    Firearm Concealed Carry Act; and databases under the 
    Firearm Concealed Carry Act, records of the Concealed Carry 
    Licensing Review Board under the Firearm Concealed Carry 
    Act, and law enforcement agency objections under the 
    Firearm Concealed Carry Act. 
        (w) Personally identifiable information which is 
    exempted from disclosure under subsection (g) of Section 
    19.1 of the Toll Highway Act.
        (x) Information which is exempted from disclosure 
    under Section 5-1014.3 of the Counties Code or Section 
    8-11-21 of the Illinois Municipal Code. 
        (y) Confidential information under the Adult 
    Protective Services Act and its predecessor enabling 
    statute, the Elder Abuse and Neglect Act, including 
    information about the identity and administrative finding 
    against any caregiver of a verified and substantiated 
    decision of abuse, neglect, or financial exploitation of an 
    eligible adult maintained in the Registry established 
    under Section 7.5 of the Adult Protective Services Act. 
        (z) Records and information provided to a fatality 
    review team or the Illinois Fatality Review Team Advisory 
    Council under Section 15 of the Adult Protective Services 
    Act. 
        (aa) Information which is exempted from disclosure 
    under Section 2.37 of the Wildlife Code. 
        (bb) Information which is or was prohibited from 
    disclosure by the Juvenile Court Act of 1987. 
        (cc) Recordings made under the Law Enforcement 
    Officer-Worn Body Camera Act, except to the extent 
    authorized under that Act.
        (dd) Information that is prohibited from being 
    disclosed under Section 45 of the Condominium and Common 
    Interest Community Ombudsperson Act. 
        (ee) Information that is exempted from disclosure 
    under Section 30.1 of the Pharmacy Practice Act. 
        (ff) Information that is exempted from disclosure 
    under the Revised Uniform Unclaimed Property Act. 
        (gg) (ff) Information that is prohibited from being 
    disclosed under Section 7-603.5 of the Illinois Vehicle 
    Code. 
        (hh) (ff) Records that are exempt from disclosure under 
    Section 1A-16.7 of the Election Code. 
        (ii) (ff) Information which is exempted from 
    disclosure under Section 2505-800 of the Department of 
    Revenue Law of the Civil Administrative Code of Illinois. 
        (jj) (ff) Information and reports that are required to 
    be submitted to the Department of Labor by registering day 
    and temporary labor service agencies but are exempt from 
    disclosure under subsection (a-1) of Section 45 of the Day 
    and Temporary Labor Services Act. 
        (kk) (ff) Information prohibited from disclosure under 
    the Seizure and Forfeiture Reporting Act. 
        (ll) Information that is exempt from disclosure under 
    Section 70 of the Higher Education Student Assistance Act. 
(Source: P.A. 99-78, eff. 7-20-15; 99-298, eff. 8-6-15; 99-352, 
eff. 1-1-16; 99-642, eff. 7-28-16; 99-776, eff. 8-12-16; 
99-863, eff. 8-19-16; 100-20, eff. 7-1-17; 100-22, eff. 1-1-18; 
100-201, eff. 8-18-17; 100-373, eff. 1-1-18; 100-464, eff. 
8-28-17; 100-465, eff. 8-31-17; 100-512, eff. 7-1-18; 100-517, 
eff. 6-1-18; revised 11-2-17.)
 
    Section 10. The Higher Education Student Assistance Act is 
amended by changing Section 70 as follows:
 



    (110 ILCS 947/70)



    Sec. 70. Administration of scholarship and grant programs. 

    (a) An applicant to whom the Commission has awarded a 
scholarship or
grant under this Act may apply for enrollment as 
a student in any
qualified institution of higher learning. The 
institution is not required to
accept the applicant for 
enrollment, but is free to exact compliance with its
own 
admissions requirements, standards, and policies. The 
institution may
receive the payments of tuition and other 
necessary fees provided by the
scholarship or grant, for credit 
against the student's obligation for such
tuition and fees, and 
for no other purpose, and shall be contractually
obligated:


        (1) to provide facilities and instruction to the 
    student on the
same terms as to other students generally;


        (2) to provide the notices and information described in 
    this Act; and
to maintain records and documents which 
    demonstrate the eligibility of the
students for whom 
    scholarships and grants are claimed.

    (b) If, in the course of any academic period, any student 
enrolled in
any institution pursuant to a scholarship or grant 
awarded under this Act
for any reason ceases to be a student in 
good standing, the institution shall
promptly give written 
notice to the Commission concerning that change of status
and 
the reason therefor. For purposes of this Section, a student 
does not cease
to be a student in good standing merely because 
he or she is not classified as
a full-time student.

    (c) A student to whom a renewal scholarship or grant has 
been awarded
may either re-enroll in the institution which he 
or she attended during the
preceding year, or enroll in any 
other qualified institution of higher
learning; and in either 
event, the institution accepting the student for
enrollment or 
re-enrollment shall notify the Commission of
that acceptance 
and may receive payments and shall be contractually
obligated 
as provided with respect to a first-year scholarship or grant.

    (d) The Commission shall administer the scholarship and 
grant accounts
and related records of each student who is 
attending an institution of
higher learning under financial 
assistance awarded pursuant to this Act,
and at each proper 
time shall certify to the State Comptroller, in the manner

prescribed by law, the current payment to be made to the 
institution on account
of such financial assistance, in 
accordance with an appropriate certificate
from the 
institution. The Commission may require the participating 
institution
of higher learning to perform specific eligibility 
evaluation procedures as a
condition of participation.

    (e) The Commission shall conduct on-site audits of 
educational
institutions participating in Commission 
administered programs.  When
institutions have claimed and 
received funds on behalf of ineligible
recipients, the 
Commission may adjust subsequent institutional payments to

recover those funds.

    (f) The Commission may, upon the request of any institution

which
received payment for scholarship and grant awards for 
each of the last 5
years, certify to the Comptroller an advance 
payment for the current term
to be made to the institution on 
account of such financial assistance in an
amount not to exceed 
75% of announced awards for the institution for such
financial 
assistance for the current term, adjusted for attrition over 
the
last 5 years.  For the purposes of this Section, "attrition" 
is the number
of announced award winners enrolled on the 10th 
class day as a percentage
of the total announced awards.  The 
request for an advance payment for the
current term shall not 
be submitted until 10 class days after the last day
for 
registration for that term.  Upon appropriate certification 
from the
institution presented for each payment period, after 
the standard tuition
and mandatory fees have been established 
for all students for the term of
payment and the award 
recipient has enrolled, the Commission shall certify
to the 
State Comptroller the balance of the current payment to be made 
to
the institution on account of such financial assistance.  If 
an advance
payment received by an institution exceeds the 
payment to which that
institution is entitled, the Commission 
shall reduce subsequent payments
to that institution for later 
terms within the same academic year as the
overpayment by an 
amount equal to the overpayment; if the reduction cannot
be 
made, the institution shall refund the overpayment to the 
Commission.
The Commission may deny or reduce the advance 
payment provided to any
institution under this Section if it 
has reason to believe that the advance
payment for the current 
term may exceed the full payment the institution is
entitled to 
receive for such assistance for that term.

    (g) The personal identity and address of a scholarship, 
grant, or other financial assistance applicant or recipient 
under a non-discretionary program administered by the 
Commission, including, but not limited to, the Monetary Award 
Program under Section 35 of this Act, where eligibility data is 
obtained from the Free Application for Federal Student Aid 
authorized by 20 U.S.C. 1090 or is protected from disclosure 
under federal or State law or under rules and regulations 
implementing federal or State law, is information that is 
intended to remain private and shall be exempt from inspection 
and copying under the Freedom of Information Act. 
(Source: P.A. 92-713, eff. 7-23-02.)

 
    Section 95. No acceleration or delay. Where this Act makes 
changes in a statute that is represented in this Act by text 
that is not yet or no longer in effect (for example, a Section 
represented by multiple versions), the use of that text does 
not accelerate or delay the taking effect of (i) the changes 
made by this Act or (ii) provisions derived from any other 
Public Act.
 
 
    Section 99. Effective date. This Act takes effect upon 
becoming law.