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Public Act 102-0723 | ||||
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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 State Finance Act is amended by changing | ||||
Section 6z-45 as follows:
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(30 ILCS 105/6z-45)
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Sec. 6z-45. The School Infrastructure Fund.
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(a) The School Infrastructure Fund is created as a special | ||||
fund
in the State Treasury.
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In addition to any other deposits authorized by law, | ||||
beginning January
1, 2000, on the first day of each month, or | ||||
as soon thereafter as may be
practical, the State Treasurer | ||||
and State Comptroller shall transfer the sum of
$5,000,000 | ||||
from the General Revenue Fund to the School Infrastructure | ||||
Fund, except that, notwithstanding any other provision of law, | ||||
and in addition to any other transfers that may be provided for | ||||
by law, before June 30, 2012, the Comptroller and the | ||||
Treasurer shall transfer $45,000,000 from the General Revenue | ||||
Fund into the School Infrastructure Fund, and, for fiscal year | ||||
2013 only, the Treasurer and the Comptroller shall transfer | ||||
$1,250,000 from the General Revenue Fund to the School | ||||
Infrastructure Fund on the first day of each month;
provided, | ||||
however, that no such transfers shall be made from July 1, 2001
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through June 30, 2003.
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(a-5) Money in the School Infrastructure Fund may be used | ||
to pay the expenses of the State Board of Education, the | ||
Governor's Office of Management and Budget, and the Capital | ||
Development Board in administering programs under the School | ||
Construction Law, the total expenses not to exceed $1,315,000 | ||
in any fiscal year. | ||
(b) Subject to the transfer provisions set forth below, | ||
money in the
School Infrastructure Fund shall, if and when the | ||
State of Illinois incurs
any bonded indebtedness for the | ||
construction of school improvements under subsection (e) of | ||
Section 5 of the General Obligation Bond Act, be set aside and | ||
used for the purpose of
paying and discharging annually the | ||
principal and interest on that bonded
indebtedness then due | ||
and payable, and for no other purpose.
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In addition to other transfers to the General Obligation | ||
Bond Retirement and
Interest Fund made pursuant to Section 15 | ||
of the General Obligation Bond Act,
upon each delivery of | ||
bonds issued for construction of school improvements
under the | ||
School Construction Law, the State Comptroller shall
compute | ||
and certify to the State Treasurer the total amount of | ||
principal of,
interest on, and premium, if any, on such bonds | ||
during the then current and
each succeeding fiscal year.
With | ||
respect to the interest payable on variable rate bonds, such
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certifications shall be calculated at the maximum rate of | ||
interest that
may be payable during the fiscal year, after |
taking into account any credits
permitted in the related | ||
indenture or other instrument against the amount of
such | ||
interest required to be appropriated for that period.
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On or before the last day of each month, the State | ||
Treasurer and State
Comptroller shall transfer from the School | ||
Infrastructure Fund to the General
Obligation Bond Retirement | ||
and Interest Fund an amount sufficient to pay the
aggregate of | ||
the principal of, interest on, and premium, if any, on the | ||
bonds
payable on their next payment date, divided by the | ||
number of monthly transfers
occurring between the last | ||
previous payment date (or the delivery date if no
payment date | ||
has yet occurred) and the next succeeding payment date.
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Interest payable on variable rate bonds shall be calculated at | ||
the maximum
rate of interest that may be payable for the | ||
relevant period, after taking into
account any credits | ||
permitted in the related indenture or other instrument
against | ||
the amount of such interest required to be appropriated for | ||
that
period.
Interest for which moneys have already been | ||
deposited into the capitalized
interest account within the | ||
General Obligation Bond Retirement and Interest
Fund shall not | ||
be included in the calculation of the amounts to be | ||
transferred
under this subsection.
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(b-5) The money deposited into the School Infrastructure | ||
Fund from transfers pursuant to subsections (c-30) and (c-35) | ||
of Section 13 of the Illinois Gambling Act shall be applied, | ||
without further direction, as provided in subsection (b-3) of |
Section 5-35 of the School Construction Law. | ||
(b-7) In fiscal year 2021 only, of the surplus, if any, in | ||
the School Infrastructure Fund after payments made pursuant to | ||
subsections (a-5), (b), and (b-5) of this Section, $20,000,000 | ||
shall be transferred to the General Revenue Fund. | ||
(c) The surplus, if any, in the School Infrastructure Fund | ||
after payments made pursuant to subsections (a-5), (b), (b-5), | ||
and (b-7) of this Section shall, subject to appropriation, be | ||
used as follows:
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First - to make 3 payments to the School Technology | ||
Revolving Loan Fund as
follows:
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Transfer of $30,000,000 in fiscal year 1999;
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Transfer of $20,000,000 in fiscal year 2000; and
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Transfer of $10,000,000 in fiscal year 2001.
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Second - to pay any amounts due for grants for school | ||
construction projects
and debt service under the School | ||
Construction Law.
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Third - to pay any amounts due for grants for school | ||
maintenance projects
under the School Construction Law.
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(Source: P.A. 100-23, eff. 7-6-17; 101-31, eff. 6-28-19; | ||
101-636, eff. 6-10-20.)
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Section 10. The Local Government Debt Reform Act is | ||
amended by changing Section 16.5 as follows:
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(30 ILCS 350/16.5)
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Sec. 16.5. Proposition for bonds. For all elections held | ||
after July 1,
2000, the form of a proposition to authorize the | ||
issuance of bonds pursuant to
either a referendum or backdoor | ||
referendum may be as set forth in this Section
as an | ||
alternative to the form of proposition as otherwise set forth | ||
by
applicable law. The proposition authorized by this Section | ||
shall be in
substantially the following form:
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Shall (name of governmental unit) (state purpose for | ||
the bond issue) and
issue its bonds to the amount of $ | ||
(state amount) for the purpose of paying the
costs | ||
thereof?
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If a school district receives a conditional grant award | ||
from the Capital Development Board expects to receive a school | ||
construction grant from
the State of Illinois pursuant to | ||
Section 5-15 of the School Construction Law for the a school
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construction project to be financed in part with proceeds of | ||
the bonds a bond authorized
by referendum, then the form of | ||
proposition may at the option of the school
district | ||
additionally contain substantially the following language:
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(Name of school district) expects to receive a school | ||
construction grant
from the State of Illinois in the | ||
amount
of
$ (state amount) pursuant to the
School | ||
Construction Law to cover a portion of the total project | ||
costs for the school construction project to be financed | ||
in
part with the proceeds of the bonds, based on the | ||
conditional grant award received from the Capital |
Development Board pursuant to the School Construction Law | ||
(i) a grant entitlement from the
State Board of Education | ||
and (ii) current recognized project costs determined
by | ||
the Capital Development Board .
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(Source: P.A. 91-868, eff. 6-22-00; 92-879, eff. 1-13-03.)
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Section 15. The School Construction Law is amended by | ||
changing Sections 5-5, 5-10, 5-15, 5-20, 5-25, 5-30, 5-35, and | ||
5-50 as follows:
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(105 ILCS 230/5-5)
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Sec. 5-5. Definitions. As used in this Article:
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"Conditional grant award" means the formal notification by | ||
the Capital Development Board to a school district of its | ||
conditional intent to award a grant to a school district to pay | ||
a portion of the recognized project cost for a school | ||
construction project. The grant award is conditioned upon | ||
receiving proof from the school district that it has funds | ||
available to cover the cost of the required local match. | ||
"Grant award amount" means an amount equal to the | ||
recognized project cost determined by the Capital Development | ||
Board for a school construction project multiplied by the | ||
grant award percentage and then adjusted as may be required | ||
pursuant to subsection (d) of Section 5-15. | ||
"Grant award percentage" means a percentage equal to one | ||
minus the required local match percentage. |
"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,
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improvement, architectural planning, and installation of | ||
capital facilities
consisting of buildings, structures, | ||
durable-equipment, and land for
educational purposes.
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"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
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attendance of the district located at the 90th percentile for | ||
all districts of
the same category. This definition applies | ||
only to completed or partially completed, as determined by the | ||
Capital Development Board, school construction projects for | ||
which a grant application was filed for the 2004, 2005, or 2006 | ||
application cycle by a school district included on the State | ||
Board of Education's 2004, 2005, or 2006 School Construction | ||
Project Application Cycle listing and only for the purpose of | ||
determining the amount of any adjustment pursuant to | ||
subsection (d) of Section 5-15 to a grant award amount for a | ||
project funded during the first application cycle opened after | ||
June 30, 2022.
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
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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
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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.
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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. | ||
"Recognized project cost" means the total project cost for | ||
a school construction project determined by the Capital | ||
Development Board to be taken into account in calculating the | ||
grant award amount and the required local match for a school | ||
construction project. | ||
"Required local match" means an amount equal to the | ||
product of the recognized project cost determined by the | ||
Capital Development Board multiplied by a school district's | ||
required local match percentage, and then adjusted as may be | ||
required pursuant to Section 5-15. | ||
"Required local match percentage" means a percentage equal |
to a school district's Local Capacity Percentage, as defined | ||
in Section 18-8.15 of the School Code, and as calculated by the | ||
State Superintendent of Education in the fiscal year in which | ||
the school district applies for a grant to be awarded pursuant | ||
to this Article, provided that the required local match | ||
percentage shall be no less than 10% and no greater than 90% | ||
for any district. With respect to a Type 40 area vocational | ||
center cooperative, a special education cooperative, or a | ||
cooperative high school, the required local match percentage | ||
is calculated by first multiplying each cooperative member | ||
district's average student enrollment utilized to calculate | ||
its latest Evidence-Based Funding, as defined in Section | ||
18-8.15 of the School Code, by the respective district's | ||
latest Local Capacity Percentage, as defined in Section | ||
18-8.15 of the School Code, to obtain a weighted average | ||
student enrollment. Then, the required local match percentage | ||
is calculated by taking the sum of all the member districts' | ||
weighted average student enrollment and dividing that sum by | ||
the sum of all the member districts' average student | ||
enrollment utilized to calculate the latest Evidence-Based | ||
Funding. | ||
"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.
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"School district" means a school district or a Type 40 | ||
area vocational center or special education cooperative 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, if | ||
the cooperative agreement includes language that specifies how | ||
the debt obligation is to be paid, including if an entity | ||
withdraws from the cooperative agreement or the cooperative | ||
agreement is terminated which shall be considered a high | ||
school district for the purpose of calculating its grant | ||
index .
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"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.
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(Source: P.A. 96-731, eff. 8-25-09; 96-1381, eff. 1-1-11.)
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(105 ILCS 230/5-10)
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Sec. 5-10. Grant awards. The Capital Development Board is | ||
authorized to
make grants to school districts for school | ||
construction projects with funds
appropriated by the General
| ||
Assembly from the School Infrastructure Fund and the School | ||
Construction Fund pursuant to the provisions of this
Article. |
The State Board of Education is authorized to make grants to | ||
school
districts for debt service with funds appropriated by | ||
the General Assembly from
the School Infrastructure Fund | ||
pursuant to the provisions of
this Article.
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(Source: P.A. 90-548, eff. 1-1-98.)
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(105 ILCS 230/5-15)
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Sec. 5-15. Grant award amounts and required local match | ||
entitlements . | ||
(a) After June 30, 2022, any time there is an | ||
appropriation of funds by the General Assembly from the School | ||
Infrastructure Fund or School Construction Fund and a release | ||
of the appropriated funds to the Capital Development Board for | ||
expenditure on grant awards pursuant to the provisions of this | ||
Article, the The State Board of Education is authorized
to | ||
open an application cycle to receive grant applications from | ||
school districts issue grant entitlements for school | ||
construction projects . No grant application filed before the | ||
start of the first application cycle after June 30, 2022 may be | ||
considered. After the close of each application cycle, the | ||
State Board of Education and debt service
and shall determine | ||
the approval of applications, the required local match | ||
percentage for each approved application, and the priority | ||
order for school construction project grants
to be made by the | ||
Capital Development Board and shall then notify all applicants | ||
regarding their eligibility for a grant. Such notification |
shall include an estimate of the required local match. The | ||
State Board of Education shall publish a list of applicants | ||
eligible for grants and forward it to the Capital Development | ||
Board .
When issuing a grant entitlement for a school | ||
construction project, the
Capital Development Board, as a part | ||
of that entitlement, shall certify to the
district receiving | ||
the entitlement the dollar amount of the school construction
| ||
project's cost that the district will be required to finance | ||
with non-grant
funds in order to qualify to receive a school | ||
construction project grant under
this Article from the Capital | ||
Development Board .
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(b) The Capital Development Board, to the extent that | ||
appropriated funds have been released and proceeding through | ||
the list of eligible applicants in the order of priority | ||
determined by the State Board of Education, shall issue | ||
conditional grant awards to eligible school districts. An | ||
applicant that does not receive a conditional grant award | ||
notification must submit a new application during another | ||
application cycle in order to receive future consideration for | ||
a grant award. | ||
(c) The conditional grant award certifies to a school | ||
district the recognized project costs for its school | ||
construction project determined by the Capital Development | ||
Board, the applicable required local match percentage and | ||
grant award percentage, the required local match and grant | ||
award amount calculated by multiplying the required local |
match percentage and the grant award percentage by the | ||
recognized project cost, and the required local match and | ||
grant award amount as those amounts may be adjusted as | ||
required in subsection (d). | ||
(d) The required local match and grant award amount are | ||
calculated by multiplying the required local match percentage | ||
and the grant award percentage by the recognized project cost, | ||
provided that, only during the first application cycle after | ||
June 30, 2022, these amounts may be adjusted if the applicant | ||
had previously expended funds on a school construction project | ||
on the 2004, 2005, or 2006 School Construction Grant List. In | ||
that case, the required local match shall be reduced (but not | ||
below zero) and the grant award amount shall be increased (to | ||
an amount no greater than the recognized project cost) by an | ||
amount determined by the Capital Development Board to be equal | ||
to the amount of the grant the applicant would have received | ||
pursuant to Section 5-35 had it been awarded a grant in 2004, | ||
2005, or 2006 based on the 2004, 2005, or 2006 School | ||
Construction Grant List and the year in which the school | ||
district applied for the grant. | ||
(e) A school district shall have 2 years from the date the | ||
school district was issued a conditional grant award from the | ||
Capital Development Board to obtain the school district's | ||
required local match and receive a final grant award from the | ||
Capital Development Board. If the required local match is not | ||
obtained within the 2-year time frame, the school district |
shall be required to reapply in another application cycle, | ||
after the 2-year time frame, to be considered for a grant | ||
award. The State share of the grant amount in a conditional | ||
grant award that is not claimed by a school district within the | ||
2-year time frame shall be reallocated to future application | ||
cycles after the 2-year time frame expires. | ||
(Source: P.A. 90-548, eff. 1-1-98; 91-55, eff. 6-30-99.)
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(105 ILCS 230/5-20)
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Sec. 5-20. Grant application; district facilities plan. | ||
School districts
shall apply to the State Board of Education | ||
for school construction project
grants and debt service | ||
grants . Districts filing grant applications shall
submit to | ||
the State Board a district facilities plan that shall include,
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but not be limited to, an assessment of present and future | ||
district facility
needs as required by present and anticipated | ||
educational programming, the
availability of local financial | ||
resources
including current revenues, fund balances, and | ||
unused bonding capacity, a
fiscal plan for meeting present and | ||
anticipated debt service obligations, and a
maintenance plan | ||
and schedule that contain necessary assurances that new,
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renovated, and existing facilities are being or will be | ||
properly maintained.
If a district that applies for a school | ||
construction project grant has no
unused bonding capacity or | ||
if its unused bonding capacity may be less than the
portion of | ||
the cost of the proposed school construction project that the
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district would be required to finance with non-grant funds, | ||
the amount certified by the Capital Development Board under | ||
Section 5-15 application and
facilities plan submitted by the | ||
district shall set forth the estimated amount
of the project's | ||
cost that the district proposes to finance by the issuance of
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bonds under subsection (n) of Section 19-1 of the School Code.
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The State Board of Education shall review and approve district | ||
facilities plans
prior to prioritizing the applications | ||
issuing grant entitlements. Each district that receives a | ||
grant
entitlement shall annually update its district | ||
facilities plan and submit the
revised plan to the
State Board | ||
for approval .
| ||
(Source: P.A. 90-548, eff. 1-1-98; 91-55, eff. 6-30-99.)
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(105 ILCS 230/5-25)
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Sec. 5-25. Eligibility and project standards.
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(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) 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, (ii) a school district located in whole or in part in | ||
a county that imposes a tax for school facility or resources | ||
purposes pursuant to Section 5-1006.7 of the Counties Code, or | ||
(iii) a school district that (1) was organized prior to 1860 | ||
and (2) is located in part in a city originally incorporated | ||
prior to 1840, based on the fact that all or a part of the | ||
school construction project is owned by a public building | ||
commission and leased to the school district or the fact that | ||
any or all of the school construction project grant will be | ||
used to pay debt service or to make lease payments.
| ||
(d) (Blank). 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 4 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. 101-455, eff. 8-23-19.)
| ||
(105 ILCS 230/5-30)
| ||
Sec. 5-30. Priority of school construction projects. The | ||
State Board of
Education shall develop standards for the | ||
determination of priority needs
concerning school construction |
projects based upon approved district facilities
plans. Such | ||
standards shall call for prioritization based on
the degree of | ||
need and project type in the following order:
| ||
(1) Replacement or reconstruction of school buildings | ||
destroyed or damaged
by flood, tornado, fire, earthquake, | ||
mine subsidence, or other disasters, either man-made or
| ||
produced by nature;
| ||
(2) Projects designed to alleviate a shortage of | ||
classrooms due to
population growth or to replace or | ||
rehabilitate aging school buildings;
| ||
(3) Projects resulting from interdistrict | ||
reorganization
of school districts contingent on local | ||
referenda;
| ||
(4) Replacement, rehabilitation, or reconstruction of | ||
school
facilities determined to be severe and continuing | ||
health or life safety
hazards;
| ||
(5) Alterations necessary to provide accessibility for | ||
qualified individuals
with disabilities; and
| ||
(6) Other unique solutions to facility needs.
| ||
Except for those changes absolutely necessary to comply with | ||
the changes made to subsection (c) of Section 5-25 of this Law | ||
by Public Act 96-37, the State Board of Education may not make | ||
any material changes to the standards in effect on May 18, | ||
2004, unless the State Board of Education is specifically | ||
authorized by law.
| ||
(Source: P.A. 96-37, eff. 7-13-09; 96-102, eff. 7-29-09; |
96-1000, eff. 7-2-10; 97-880, eff. 8-2-12.)
| ||
(105 ILCS 230/5-35)
| ||
Sec. 5-35. School construction project grant award | ||
amounts; permitted
use; prohibited use. | ||
(a) The grant award percentage is equal to one minus the | ||
required local match percentage. The grant award amount is | ||
equal to the grant award percentage multiplied by The product | ||
of the district's grant index and the
recognized project cost , | ||
as determined by the Capital Development Board , for an
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approved school construction project , which amount may be | ||
adjusted as required in Section 5-15. The grant award amount | ||
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.
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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.
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(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
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with the provisions of this Article.
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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
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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.
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(b-3)
The Capital Development Board shall make payment in | ||
an amount equal to 20% of each amount deposited into the School | ||
Infrastructure Fund pursuant to subsection (b-5) of Section | ||
6z-45 of the State Finance Act to the Board of Education of the | ||
City of Chicago within 10 days after such deposit. The Board of | ||
Education of the City of Chicago shall use such moneys | ||
received (i) for application to the costs of a school | ||
construction project, (ii) to pay debt service on bonds, as | ||
those terms are defined in the Local Government Debt Reform | ||
Act, that are issued to finance one or more school | ||
construction projects, and (iii) 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. | ||
The Board of Education of the City of Chicago shall submit | ||
quarterly to the Capital Development Board documentation | ||
sufficient to establish that this money is being used as | ||
authorized by this Section. The Capital Development Board may | ||
withhold payments if the documentation is not provided. The | ||
remaining 80% of each such deposit shall be applied in | ||
accordance with the provisions of subsection (a) of this | ||
Section; however, no portion of this remaining 80% shall be | ||
awarded to a school district with a population of more than | ||
500,000. | ||
(b-5) In addition to the uses otherwise authorized by this | ||
Law, any school district that (1) was organized prior to 1860 | ||
and (2) is located in part in a city originally incorporated | ||
prior to 1840 is authorized to use any or all of the school | ||
construction project grants (i) to pay debt service on bonds, | ||
as those terms are defined in the Local Government Debt Reform | ||
Act, that are 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.
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(Source: P.A. 98-18, eff. 6-7-13.)
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(105 ILCS 230/5-50) | ||
Sec. 5-50. Referendum requirements. A school district may | ||
submit a school construction project or the financing of a | ||
school construction project to referendum at any time. | ||
However, the proposition may include a reference to the school | ||
district's expectation of receiving a school construction | ||
grant from the State of Illinois only if the school district | ||
has received a conditional grant award for the project from | ||
the Capital Development Board. After the State Board of | ||
Education
has approved all or part of a district's application | ||
and issued a grant
entitlement for a school construction | ||
project grant, the district shall submit
the project or the | ||
financing of the project to a referendum when such
referendum | ||
is required by law, except for a project financed by bonds | ||
issued pursuant to subsection (p-70) of Section 19-1 of the | ||
School Code. | ||
(Source: P.A. 96-1438, eff. 8-20-10; 97-333, eff. 8-12-11.)
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(105 ILCS 230/5-37 rep.)
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(105 ILCS 230/5-38 rep.)
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(105 ILCS 230/5-45 rep.)
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(105 ILCS 230/5-57 rep.) | ||
Section 20. The School Construction Law is amended by | ||
repealing Sections 5-37, 5-38, 5-45, and 5-57.
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Section 99. Effective date. This Act takes effect upon | ||
becoming law. |