SB0048ham001 95TH GENERAL ASSEMBLY

Executive Committee

Filed: 8/9/2007

09500SB0048ham001 LRB095 03790 NHT 38529 a

AMENDMENT TO SENATE BILL 48

AMENDMENT NO. ______. Amend Senate Bill 48 by replacing everything after the enacting clause with the following:

"Section 5. The State Finance Act is amended by adding Section 5.675 as follows:

(30 ILCS 105/5.675 new)

Sec. 5.675. Severely Overcrowded Schools Construction Relief Fund.

Section 10. The School Construction Law is amended by adding Section 5-110 as follows:

(105 ILCS 230/5-110 new)

Sec. 5-110. Overcrowding relief construction grants.

(a) Subject to appropriation, the Capital Development Board is authorized to make construction grants to school districts for overcrowding relief construction projects. These grants shall be paid out of moneys appropriated for that purpose from the Severely Overcrowded Schools Construction Relief Fund.

(b) The Capital Development Board shall adopt rules to implement this Section. The rules may specify the following:

(1) the manner of applying for grants;

(2) project eligibility requirements;

(3) restrictions on the use of grant moneys, including without limitation recognized project costs;

(4) the manner in which recipients must account for the use of grant moneys; and

(5) any other provision that the Capital Development Board deems necessary to prioritize applications.

(c) Each school district that applies for a grant under this Section shall complete and submit with its grant application a one-time initial report of existing school building capacity within the school district's boundaries or within each local attendance area, as applicable, subject to review by the Capital Development Board. How existing school building capacity is determined under this subsection (c) does not apply to a school district organized under Article 34 of this Code if the district's standards for determining existing school building capacity are consistent with national standards.

The enrollment capacity of each room or space currently subject to occupancy by students for instructional purposes in a district-owned, permanent building or in a building leased by the district, if the lease is at least 10 years from expiration, shall be determined by dividing the net floor area (in square feet) of such room or space by the appropriate loading factor as follows:

(1) For a prekindergarten classroom, the loading factor is 40.

(2) For a kindergarten classroom, the loading factor is 40.

(3) For an elementary general classroom, the loading factor is 35.

(4) For an elementary art classroom, the loading factor is 40.

(5) For an elementary music classroom, the loading factor is 30.

(6) For an elementary computer classroom, the loading factor is 35.

(7) For a middle school general classroom, the loading factor is 35.

(8) For a middle school art classroom, the loading factor is 40.

(9) For a middle school family and consumer sciences classroom, the loading factor is 50.

(10) For a middle school music classroom, the loading factor is 25.

(11) For a middle school computer classroom, the loading factor is 40.

(12) For a middle school science laboratory, the loading factor is 40.

(13) For a middle school science laboratory and classroom, the loading factor is 50.

(14) For a middle school industrial technology laboratory and shop not classified elsewhere, the loading factor is 40.

(15) For a high school general classroom, the loading factor is 30.

(16) For a high school art classroom, the loading factor is 35.

(17) For a high school music classroom, the loading factor is 25.

(18) For a high school computer classroom, the loading factor is 40.

(19) For a high school family and consumer sciences classroom, the loading factor is 60.

(20) For a high school science laboratory, the loading factor is 35.

(21) For a high school industrial technology laboratory and shop, the loading factor is 75.

(22) For a high school laboratory not classified elsewhere, the loading factor is 35.

(23) For a special education classroom, the loading factor is 50.

Buildings and additions with a functional age over 100 years old shall be assigned an enrollment capacity of zero. The functional age of a building and each of its additions shall be individually determined by multiplying its actual age by one of the following condition factors, to be determined using the Building Condition Evaluation Form supplied by the State Board of Education:

(A) If the condition of the building or addition is Excellent, the condition factor is 0.2.

(B) If the condition of the building or addition is Satisfactory, the condition factor is 0.4.

(C) If the condition of the building or addition is Substandard, the condition factor is 1.0.

(D) If the condition of the building or addition is Poor, the condition factor is 1.5.

(E) If the condition of the building or addition is Very Poor, the condition factor is 2.0.

Available capacity shall be calculated by multiplying enrollment capacity, as determined in this subsection (c), by the following utilization factors:

(i) Elementary schools - 0.9.

(ii) Middle or junior high schools - 0.85.

(iii) High schools - 0.8.

As used in this subsection (c), "permanent building" means a building mounted on a slab or a permanent foundation. "Permanent foundation" means a closed-perimeter formation consisting of materials such as concrete, mortared concrete block, or mortared brick extending into the ground below the frost line, which may include without limitation cellars, basements, or crawlspaces, but does not include the sole use of piers.

(d) Each applicant school district shall calculate potential enrollment projections or enrollment applications, if applicable, for the 5 years immediately following the fiscal year in which the application for a grant is made.

(e) The Capital Development Board, in consultation with the State Board of Education, shall utilize reliable demographic data and school building capacity reports to identify the schools with the greatest overcrowding. Overcrowding must be defined by a formula, to be determined by the Capital Development Board in consultation with the State Board of Education, that considers the number of school-age children residing in the attendance area (including those enrolled locally as well as those assigned to other attendance centers due to controlled enrollment) divided by the number of children who can be served according to facility capacity.

(f) When determining grant eligibility and levels for grants under this Section, the Capital Development Board shall give consideration and priority to without limitation the following:

(1) the fact that an applicant district's available local resources per pupil are less than the product of 0.93 times the foundation level of support under Section 18-8.05 of this Code;

(2) the fact that an applicant's percentage of low-income students qualifies the applicant for Title I funds under federal law;

(3) the applicant's existing school building capacity;

(4) the population density of the school attendance area; and

(5) the extent to which grants would relieve overcrowding.

A new order of priority ranking shall be established among the applicants for each fiscal year. If a district is not awarded a construction grant in a fiscal year for which it has received an entitlement, the district must update its application to establish its priority ranking for the following fiscal year.

(g) This subsection (g) applies only to a school district organized under Article 34 of this Code. An individual school, through its principal, may initiate a grant application under this Section by submitting the application to the general superintendent of schools, who shall forward the application to the Capital Development Board for consideration. If the perceived need is for a high school in an area where none exists, the application may be initiated by the principals of the elementary or middle schools that would feed into the proposed high school.

(h) The Severely Overcrowded Schools Construction Relief Fund is created as a special fund in the State treasury. All money in the Severely Overcrowded Schools Construction Relief Fund shall be used, subject to appropriation, by the Capital Development Board for the purposes of this Section. No local matching funds shall be required for receipt of grant funds from the Severely Overcrowded Schools Construction Relief Fund.

Section 99. Effective date. This Act takes effect January 1, 2008.".