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    AN ACT concerning education.

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


 
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    Section 5. The School Code is amended  by changing Section 
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2-3.77 as follows:
 



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    (105 ILCS 5/2-3.77)  (from Ch. 122, par. 2-3.77)



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    Sec. 2-3.77. Temporary relocation expenses. 

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    (a) The State Board of Education may distribute loan or 
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grant
moneys
appropriated for temporary relocation expenses 
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incurred by school districts
as a result of fires, earthquakes, 
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tornados, mine subsidence, or other natural or
man-made 
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disasters which destroy school
buildings, or as a result of the 
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condemnation of a school building under
Section 3-14.22.  The 
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State Board of Education shall by rule prescribe those
expenses 
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which qualify as temporary relocation expenses and the manner 
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of
determining and reporting the same, provided that such 
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expenses shall be
deemed to include amounts reasonably required 
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to be expended for the lease,
rental, and renovation of 
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educational facilities and for additional
transportation and 
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other expenses directly associated with the temporary

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relocation and housing of the normal operations, activities, 
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and affairs of
a school district.

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    (b) Except as provided in subsection (c), no moneys 
 


 






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appropriated to
the State
Board of Education for purposes of 
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distribution in accordance with the
provisions of this Section 
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shall be distributed to any school district
unless the school 
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board of such district, as an express condition of any
such 
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distribution, agrees to levy the tax provided for by Section 
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17-2.2c
at the maximum rate permitted thereunder and to pay to 
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the State of
Illinois for deposit in the Temporary Relocation 
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Expenses Revolving Grant
Fund (i) all proceeds of such
tax 
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attributable to the first year and succeeding years for which 
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the tax
is levied after moneys
appropriated for purposes of 
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this Section have been distributed to the
school district, and 
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(ii) all insurance proceeds which become payable to
the 
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district under those provisions of any contract or policy of 
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insurance
which provide reimbursement for or other coverage 
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against loss with respect
to any temporary relocation expenses 
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of the school district; provided, that
the aggregate of any tax 
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and insurance proceeds paid by the school district
to the State 
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pursuant to this Section shall not exceed in amount the moneys

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distributed to the school district pursuant to this Section.

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    (c) The State Board of Education may, from appropriations 
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made for this
purpose from the Temporary Relocation Expenses 
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Revolving Grant Fund, make
grants that do not require repayment 
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to school districts that qualify for
temporary relocation 
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assistance under this Section to the extent that the
amount of 
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temporary relocation expenses incurred by a district exceeds 
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the
amount that the district is able to repay to the State 
 


 






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through insurance
proceeds and the tax levy authorized in 
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Section 17-2.2c.

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    (d) The Temporary Relocation Expenses Revolving Grant Fund 
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is hereby
established as a special fund within the State 
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treasury.  Appropriations and
amounts that school districts 
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repay to the State under subsection (b) of this
Section shall 
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be deposited into that Fund.  If the balance in that Fund 
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exceeds
$3,000,000, the excess shall be transferred into the 
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General Revenue Fund.

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    (e) The State Board
of Education shall promulgate such 
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rules and regulations, not inconsistent
with the provisions of 
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this Section, as are necessary to provide for the
distribution 
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of loan and grant moneys and for the
repayment of loan moneys

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distributed pursuant to this Section.

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(Source: P.A. 90-464, eff. 8-17-97.)

 
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    Section 10. The School Construction Law is amended  by 
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changing Section 5-30 as follows:
 



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    (105 ILCS 230/5-30)



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    Sec. 5-30. Priority of school construction projects. The 
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State Board of
Education shall develop standards for the 
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determination of priority needs
concerning school construction 
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projects based upon approved district facilities
plans.  Such 
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standards shall call for prioritization based on
the degree of 
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need and project type in the following order:

 


 






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        (1) Replacement or reconstruction of school buildings 
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    destroyed or damaged
by flood, tornado, fire, earthquake, 
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    mine subsidence, or other disasters, either man-made or

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    produced by nature;

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        (2) Projects designed to alleviate a shortage of 
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    classrooms due to
population growth or to replace aging 
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    school buildings;

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        (3) Projects resulting from interdistrict 
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    reorganization
of school districts contingent on local 
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    referenda;

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        (4) Replacement or reconstruction of school
facilities 
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    determined to be severe and continuing health or life 
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    safety
hazards;

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        (5) Alterations necessary to provide accessibility for 
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    qualified individuals
with disabilities; and

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        (6) Other unique solutions to facility needs.

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The State Board of Education may not make any material changes 
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to the standards in effect on May 18, 2004, unless the State 
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Board of Education is specifically authorized by law.

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(Source: P.A. 93-679, eff. 6-30-04.)

 

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    Section 99. Effective date. This Act takes effect July 1, 
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2009.