Illinois Compiled Statutes
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105 ILCS 5/10-22.36
(105 ILCS 5/10-22.36)
(from Ch. 122, par. 10-22.36)
Buildings for school purposes.
(a) To build or purchase a building for school classroom or
instructional purposes upon the approval of a majority of the voters upon the
proposition at a referendum held for such purpose or in accordance with
Section 17-2.11, 19-3.5, or 19-3.10. The board may initiate such referendum by resolution.
The board shall certify the resolution and proposition to the proper
election authority for submission in accordance with the general election law.
The questions of building one or more new buildings for school
purposes or office facilities, and issuing bonds for the purpose of
borrowing money to purchase one or more buildings or sites for such
buildings or office sites, to build one or more new buildings for school
purposes or office facilities or to make additions and improvements to
existing school buildings, may be combined into one or more propositions
on the ballot.
Before erecting, or purchasing or remodeling such a building the
board shall submit the plans and specifications respecting heating,
ventilating, lighting, seating, water supply, toilets and safety against
fire to the regional superintendent of schools having supervision and
control over the district, for approval in accordance with Section 2-3.12.
Notwithstanding any of the foregoing, no referendum shall be required
if the purchase, construction, or building of any
building (1) occurs while the building is being
leased by the school district or (2) is paid with (A) funds
derived from the sale or disposition of other buildings, land, or
structures of the school district or (B) funds received (i) as a
grant under the
School Construction Law or (ii) as gifts or donations,
provided that no funds to purchase, construct, or build such building, other than lease
derived from the district's bonded indebtedness or the tax levy of
Notwithstanding any of the foregoing, no referendum shall be required if the purchase, construction, or building of any such building is paid with funds received from the County School Facility and Resources Occupation Tax Law under Section 5-1006.7 of the Counties Code or from the proceeds of bonds or other debt obligations secured by revenues obtained from that Law.
Notwithstanding any of the foregoing, for Decatur School District Number 61, no referendum shall be required if at least 50% of the cost of the purchase, construction, or building of any such building is paid, or will be paid, with funds received or expected to be received as part of, or otherwise derived from, any COVID-19 pandemic relief program or funding source, including, but not limited to, Elementary and Secondary School Emergency Relief Fund grant proceeds.
(b) Notwithstanding the provisions of subsection (a), for any school district: (i) that is a tier 1 school, (ii) that has a population of less than 50,000 inhabitants, (iii) whose student population is between 5,800 and 6,300, (iv) in which 57% to 62% of students are low-income, and (v) whose average district spending is between $10,000 to $12,000 per pupil, until July 1, 2025, no referendum shall be required if at least 50% of the cost of the purchase, construction, or building of any such building is paid, or will be paid, with funds received or expected to be received as part of, or otherwise derived from, the federal Consolidated Appropriations Act and the federal American Rescue Plan Act of 2021.
For this subsection (b), the school board must hold at least 2 public hearings, the sole purpose of which shall be to discuss the decision to construct a school building and to receive input from the community. The notice of each public hearing that sets forth the time, date, place, and name or description of the school building that the school board is considering constructing must be provided at least 10 days prior to the hearing by publication on the school board's Internet website.
(Source: P.A. 101-455, eff. 8-23-19; 102-16, eff. 6-17-21; 102-699, eff. 7-1-22.)