2005 Illinois Code - 105 ILCS 230/ School Construction Law. Article 5
(105 ILCS 230/Art. 5 heading)
ARTICLE 5
(105 ILCS 230/5‑1)
Sec. 5‑1.
Short title.
This Article may be cited as the School Construction Law.
(Source: P.A. 90‑548, eff. 1‑1‑98.)
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(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.
"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" 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. 92‑168, eff. 7‑26‑01; 93‑1094, eff. 3‑29‑05.)
(105 ILCS 230/5‑10)
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 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.
(Source: P.A. 90‑548, eff. 1‑1‑98.)
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(105 ILCS 230/5‑15)
Sec. 5‑15.
Grant entitlements.
The State Board of Education is authorized
to issue grant entitlements for school construction projects and debt service
and shall determine the priority order for school construction project grants
to be made by 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.
(Source: P.A. 90‑548, eff. 1‑1‑98; 91‑55, eff. 6‑30‑99.)
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(105 ILCS 230/5‑20)
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,
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,
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
district would be required to finance with non‑grant funds, the 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
bonds under subsection (n) of Section 19‑1 of the School Code.
The State Board of Education shall review and approve district facilities plans
prior to 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)
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
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.
(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 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.
(Source: P.A. 90‑548, eff. 1‑1‑98; 91‑38, eff. 6‑15‑99.)
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(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 |
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destroyed or damaged by flood, tornado, fire, earthquake, or other disasters, either man‑made or 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 school buildings;
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(3) Projects resulting from interdistrict
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reorganization of school districts contingent on local referenda;
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(4) Replacement or reconstruction of school
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facilities determined to be severe and continuing health or life safety hazards;
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(5) Alterations necessary to provide accessibility
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for qualified individuals with disabilities; and
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(6) Other unique solutions to facility needs.
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. 93‑679, eff. 6‑30‑04.)
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(105 ILCS 230/5‑35)
Sec. 5‑35.
School construction project grant amounts; permitted
use; prohibited use.
(a) The product of the district's grant index and the
recognized project cost, as determined by the Capital Development Board, for an
approved school construction project 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.
(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
with the provisions of this Article.
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
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.
(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.
(Source: P.A. 90‑548, eff. 1‑1‑98; 91‑38, eff. 6‑15‑99.)
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(105 ILCS 230/5‑37)
Sec. 5‑37.
Carry over projects.
If a school district has been issued a
grant entitlement for a school construction project, has arranged and approved
all local financing, and is eligible to receive a school construction project
grant award in any fiscal year, but does not receive such award in that year
due to lack of adequate appropriations, such school construction projects shall
be placed ahead of any new school construction projects within the same
priority category as defined in Section 5‑30 that are approved for grant awards
for the following year.
(Source: P.A. 90‑653, eff. 7‑29‑98.)
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(105 ILCS 230/5‑40)
Sec. 5‑40. Supervision of school construction projects. The Capital
Development Board shall exercise general supervision over school construction
projects financed pursuant to this Article. School districts, however, must be allowed to choose the architect and engineer for their school construction projects, and no project may be disapproved by the State Board of Education or the Capital Development Board solely due to a school district's selection of an architect or engineer.
(Source: P.A. 93‑679, eff. 6‑30‑04.)
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(105 ILCS 230/5‑45)
Sec. 5‑45.
Debt service grants.
School districts that have issued
approved school construction bonds shall be eligible to apply for debt service
grants. The amount awarded to eligible districts for debt service grants shall
be equal to 10% of the principal amount of approved school construction bonds
issued by the district times the grant
index for the district. Debt service grants shall only be used by school
districts to: retire principal of approved school construction bonds,
restructure the debt service on such bonds, or abate the property taxes levied
for the district's bond and interest fund by an amount identical to the amount
of the debt service grant. No debt service grants shall be awarded by the
State Board of Education after June 30, 1999.
(Source: P.A. 90‑548, eff. 1‑1‑98.)
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(105 ILCS 230/5‑50)
Sec. 5‑50.
Referendum requirements.
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.
(Source: P.A. 90‑548, eff. 1‑1‑98.)
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(105 ILCS 230/5‑55)
Sec. 5‑55.
Rules.
(a) The Capital Development Board shall promulgate such rules as it deems
necessary for carrying out its responsibilities under the provisions of this
Article.
(b) The State Board of Education shall promulgate such rules as it deems
necessary for carrying out its responsibilities under the provisions of this
Article.
(Source: P.A. 90‑548, eff. 1‑1‑98.)
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(105 ILCS 230/5‑57)
Sec. 5‑57. Administration of powers; no changes. Notwithstanding any other law to the contrary, the Capital Development Board may not make any material changes in the administration of its powers granted under this Law from how it administered those powers on May 18, 2004, unless specifically authorized by law.
(Source: P.A. 93‑679, eff. 6‑30‑04.)
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(105 ILCS 230/5‑60)
Sec. 5‑60.
School capital needs assessment.
The State Board of
Education and the Capital Development Board shall file with the General
Assembly a comprehensive assessment report of the capital needs of all
school districts in this State before January 1, 2005
and every 2 years thereafter. This assessment shall include without
limitation an analysis of the 6 categories of capital needs prioritized in
Section 5‑30 of this Law.
(Source: P.A. 93‑489, eff. 8‑8‑03.)
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(105 ILCS 230/5‑100)
Sec. 5‑100.
School maintenance project grants.
(a) The State Board of Education is authorized to make grants to school
districts, without regard to enrollment, for school maintenance projects.
These grants shall be paid out of moneys appropriated for that purpose
from the School Infrastructure Fund. No grant under this Section for
one fiscal year shall exceed $50,000, but a school district may receive grants
for more than one project during one fiscal year. A school district must
provide local
matching funds in an amount equal to the amount of the grant under this
Section. A school district has no entitlement to a grant under this Section.
(b) The State Board of Education shall adopt rules to implement this
Section. These rules need not be the same as the rules for school construction
project grants or debt service grants.
The rules may specify: (1) the manner of applying for grants;
(2) project eligibility requirements; (3) restrictions on the use of grant
moneys; (4) the manner in which school districts must account for the use of
grant moneys; and (5) any other provision that the State Board determines
to be necessary or useful for the administration of this Section.
The rules shall specify the methods and standards to be used by the State
Board to prioritize applications. School maintenance projects shall be
prioritized in the following order:
(i) emergency projects;
(ii) health/life safety projects;
(iii) State Program priority projects;
(iv) permanent improvement projects; and
(v) other projects.
(c) In each school year in which school maintenance project grants are
awarded, 20% of the total amount awarded shall be awarded to a school district
with a population of more than 500,000, provided that the school district
complies with the requirements of this Section and the rules adopted under
this Section.
(Source: P.A. 91‑38, eff. 6‑15‑99.)
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(105 ILCS 230/5‑900)
Sec. 5‑900.
The Capital Development Board Act is amended by repealing
Article 1A.
(Source: P.A. 90‑548, eff. 1‑1‑98.)
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(105 ILCS 230/5‑905)
Sec. 5‑905.
(Amendatory provisions; text omitted).
(Source: P.A. 90‑548, eff. 1‑1‑98; text omitted.)
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(105 ILCS 230/5‑910)
Sec. 5‑910.
(Amendatory provisions; text omitted).
(Source: P.A. 90‑548, eff. 12‑4‑97; text omitted.)
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(105 ILCS 230/5‑915)
Sec. 5‑915.
(Amendatory provisions; text omitted).
(Source: P.A. 90‑548, eff. 1‑1‑98; text omitted.)
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(105 ILCS 230/5‑920)
Sec. 5‑920.
(Amendatory provisions; text omitted).
(Source: P.A. 90‑548, eff. 1‑1‑98; text omitted.)
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