Public Act 096-0731
 		





SB1926 Enrolled
LRB096 11271 NHT 21696 b






    AN ACT concerning education.

 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:




 
    Section 5. The School Construction Law is amended  by 
changing Sections 5-5, 5-25, and 5-35 as follows:
 



    (105 ILCS 230/5-5)



    Sec. 5-5. Definitions. As used in this Article:

    "Approved school construction bonds" mean bonds that were 
approved by
referendum after January 1, 1996 but prior to 
January 1, 1998 as provided in
Sections 19-2 through 19-7 of 
the School Code to provide funds for the
acquisition, 
development, construction, reconstruction, rehabilitation,

improvement, architectural planning, and installation of 
capital facilities
consisting of buildings, structures, 
durable-equipment, and land for
educational purposes.

    "Grant index" means a figure for each school district equal 
to one minus the
ratio of the district's equalized assessed 
valuation per pupil in average daily
attendance to the 
equalized assessed valuation per pupil in average daily

attendance of the district located at the 90th percentile for 
all districts of
the same category.
For the purpose of 
calculating the grant index, school districts are
grouped
into 
2 categories, Category I and Category II.  Category I consists 
of
elementary and unit school districts.  The equalized assessed 
valuation
per pupil in average daily attendance of each school 
district in Category I
shall be computed using its grades 
kindergarten through 8 average daily
attendance figure.  A unit 
school district's Category I grant index shall be
used
for 
projects or portions of projects constructed for elementary 
school
pupils.  Category II consists of high school and unit 
school districts.  The
equalized assessed valuation per pupil in 
average daily attendance of
each school district in Category II 
shall be computed using its grades 9
through 12 average daily 
attendance figure.  A unit school district's Category
II
grant 
index shall be used for projects or portions of projects 
constructed
for high school pupils.
 The changes  made by this 
amendatory Act of the 92nd General Assembly apply
to all grants 
made on or after the effective date of this amendatory Act,

provided that for grants not yet made on the effective date of 
this amendatory
Act but made in fiscal year 2001 and for grants 
made
in fiscal  year 2002, the grant index for a school district 
shall be the
greater of (i) the grant index as calculated under 
this Law on or after the
effective date of this amendatory
Act 
or (ii) the grant index as calculated under this Law before the 
effective
date of this
amendatory Act.
 The grant index shall be 
no less than 0.35 and no greater than
0.75 for each district; 
provided that the grant index for districts whose
equalized 
assessed valuation per pupil in average daily attendance is at 
the
99th percentile and above for all districts of the same 
type shall be 0.00.

    "School construction project" means the acquisition, 
development,
construction, reconstruction, rehabilitation, 
improvement, architectural
planning, and installation of 
capital facilities consisting of buildings,
structures, 
durable equipment, and land for educational purposes.

    "School  district"  means  a school district or a Type 40 area 
vocational center that is jointly owned if the joint agreement 
includes language that specifies how the debt obligation is to 
be paid, including in the event that an entity withdraws from 
the joint agreement.
    "School district" includes a cooperative high school, 
which shall be considered a high school district for the 
purpose of calculating its grant index.

    "School maintenance project" means a project, other than a 
school
construction project, intended to provide for the 
maintenance or upkeep
of buildings or structures for 
educational purposes, but does not include
ongoing operational 
costs.

(Source: P.A. 92-168, eff. 7-26-01; 93-1094, eff. 3-29-05.)

 



    (105 ILCS 230/5-25)



    Sec. 5-25. Eligibility and project standards. 

    (a) The State Board of Education shall establish 
eligibility standards for
school construction project grants 
and debt service grants.  These standards
shall include minimum 
enrollment requirements for eligibility for school

construction project grants of 200 students for elementary 
districts, 200
students for high school districts, and 400 
students for unit districts.  The
State Board of Education shall 
approve a district's eligibility for a school
construction 
project grant or a debt service grant pursuant to the 
established
standards.

    For purposes only  of determining a Type 40 area vocational 
center's eligibility  for an entity included in  a  school  
construction project grant or a school maintenance project 
grant,  an area vocational center shall  be  deemed  eligible  if  
one  or  more  of its member school districts satisfy the grant 
index  criteria  set  forth  in this Law. A Type 40 area vocational 
center that makes application for school construction funds 
after the effective date of this amendatory Act of the 96th 
General Assembly shall be placed on the respective application 
cycle list. Type 40 area vocational centers must be placed last 
on the priority listing of eligible entities for the applicable 
fiscal year.

    (b) The Capital Development Board shall establish
project 
standards for all school construction project grants provided 
pursuant
to this Article.  These standards shall include space 
and capacity standards as
well as the determination of 
recognized project costs that shall be eligible
for State 
financial assistance and enrichment costs that shall not be 
eligible
for State financial assistance.

    (c) The State Board of Education and the Capital 
Development Board shall
not establish standards that 
disapprove or otherwise establish limitations
that restrict 
the eligibility of a school district with a population 
exceeding
500,000 for a school construction project grant based 
on the fact that any or
all of the school construction project 
grant will be used to pay debt service
or to make lease 
payments, as authorized by subsection (b) of Section 5-35 of

this Law.

(Source: P.A. 90-548, eff. 1-1-98; 91-38, eff. 6-15-99.)

 



    (105 ILCS 230/5-35)



    Sec. 5-35. School construction project grant amounts; 
permitted
use; prohibited use.

    (a) The product of the district's grant index and the

recognized project cost, as determined by the Capital 
Development Board, for an
approved school construction project 
shall equal the amount of the grant the
Capital Development 
Board shall provide to the eligible district.  The grant
index 
shall not be used in cases where the General Assembly and the 
Governor
approve appropriations designated for specifically 
identified school district
construction projects.

    The average of the grant indexes of the member districts in 
a joint agreement shall be used to calculate the amount of a 
school construction project grant awarded to an eligible Type 
40 area vocational center.

    (b) In each fiscal year in which school construction 
project grants are
awarded, 20% of the total amount awarded 
statewide shall be awarded to a school
district with a 
population exceeding 500,000, provided such district complies

with the provisions of this Article.

    In addition to the uses otherwise authorized by this Law, 
any school
district with a population exceeding 500,000 is 
authorized to use any or all
of the school construction project 
grants (i) to pay debt service, as defined
in the Local 
Government Debt Reform Act, on bonds, as defined in the Local

Government Debt Reform Act, issued to finance one or more 
school construction
projects and (ii) to the extent that any 
such bond is a lease or other
installment or financing contract 
between the school district and a public
building commission 
that has issued bonds to finance one or more qualifying
school 
construction projects, to make lease payments under the lease.

    (c) No portion of a school construction project grant 
awarded by the
Capital Development Board shall be used by a 
school district for any
on-going operational costs.

(Source: P.A. 90-548, eff. 1-1-98; 91-38, eff. 6-15-99.)

 

    Section 99. Effective date. This Act takes effect upon 
becoming law.