| ||||
| Public Act 096-1381 | ||||
| ||||
| ||||
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 and 5-25 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.
| ||
The grant index shall be calculated for each of those | ||
school districts forming a reorganized school district or | ||
cooperative high school if one or more of the following happen | ||
within the current or prior 2 fiscal years: | ||
(1) a new school district is created in accordance with | ||
Article 11E of the School Code; | ||
(2) an existing school district annexes all of the | ||
territory of one or more entire other school districts in | ||
accordance with Article 7 of the School Code; or | ||
(3) a cooperative high school is formed in accordance | ||
with Section 10-22.22c of the School Code. | ||
The average grant index of those school districts shall be used | ||
as the grant index for the newly reorganized district or | ||
cooperative high school. | ||
"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. 96-731, eff. 8-25-09.)
| ||
(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 total enrollment of member | ||
districts forming a cooperative high school in accordance with | ||
subsection (c) of Section 10-22.22 of the School Code shall | ||
meet the minimum enrollment requirements specified in this | ||
subsection (a). 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 August 25, 2009 (the effective date of Public Act 96-731) | ||
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 (i) 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, or (ii) a school district located in whole or in part | ||
in a county that imposes a tax for school facility purposes | ||
pursuant to Section 5-1006.7 of the Counties Code.
| ||
(d) A reorganized school district or cooperative high | ||
school may use a school construction application that was | ||
submitted by a school district that formed the reorganized | ||
school district or cooperative high school if that application | ||
has not been entitled for a project by the State Board of | ||
Education and any one or more of the following happen within | ||
the current or prior 2 fiscal years: | ||
(1) a new school district is created in accordance with | ||
Article 11E of the School Code; | ||
(2) an existing school district annexes all of the | ||
territory of one or more other school districts in | ||
accordance with Article 7 of the School Code; or | ||
(3) a cooperative high school is formed in accordance | ||
with subsection (c) of Section 10-22.22 of the School Code.
| ||
A new elementary district formed from a school district | ||
conversion, as defined in Section 11E-15 of the School Code, | ||
may use only the application of the dissolved district whose | ||
territory is now included in the new elementary district and | ||
must obtain the written approval of the local school board of | ||
any other school district that includes territory from that | ||
dissolved district. A new high school district formed from a | ||
school district conversion, as defined in Section 11E-15 of the | ||
School Code, may use only the application of any dissolved | ||
district whose territory is now included in the new high school | ||
district, but only after obtaining the written approval of the | ||
local school board of any other school district that includes | ||
territory from that dissolved district. A cooperative high | ||
school using this Section must obtain the written approval of | ||
the local school board of the member school district whose | ||
application it is using. All other eligibility and project | ||
standards apply to this Section. | ||
(Source: P.A. 96-37, eff. 7-13-09; 96-731, eff. 8-25-09; | ||
revised 9-15-09.)
| ||