2005 Illinois 105 ILCS 5/ School Code. Article 35 - Buildings--School Building Commission
(105 ILCS 5/Art. 35 heading) ARTICLE 35. BUILDINGS‑‑SCHOOL BUILDING COMMISSION
(105 ILCS 5/35‑1)(from Ch. 122, par. 35‑1) Sec. 35‑1. Commission continued. For the purpose of providing school sites, buildings and equipment to
meet the needs of school districts unable to provide such facilities
because of lack of funds and constitutional bonding limitations, and for
the purpose of acquiring non‑public school buildings and other related
real property, the School Building Commission, hereinafter referred to
as the Commission, created by An Act to provide for the acquisition,
construction, rental, and disposition of buildings used for school
purposes, approved June 21, 1957, is continued in effect until "An Act
creating the Capital Development Board, defining its powers and duties
and making an appropriation in connection therewith and amending or
repealing certain sections of the School Code", enacted by the 77th
General Assembly, takes effect. Thereafter, the Capital Development
Board shall succeed to the powers and duties of the School Building
Commission and, whenever used in this Article, "Commission" refers to
the Capital Development Board. (Source: P. A. 77‑1995.)
(105 ILCS 5/35‑5)(from Ch. 122, par. 35‑5) Sec. 35‑5. Powers. The Commission possesses all the powers necessary and convenient to
accomplish the objects prescribed by this Article including the
following, which however, are not to be construed as a limitation upon
the general powers hereby conferred. (a) To enter into contracts with regard to any matter connected with
any powers of the Commission. (b) To acquire by gift, purchase or otherwise, and to construct,
equip, complete, remodel and maintain school buildings and equipment,
and for that purpose to acquire and improve school sites by gift,
purchase, condemnation or otherwise. (c) To execute non‑assignable leases of facilities and sites to
school districts in Illinois for school purposes for periods of not to
exceed one year renewable at the option of the school district from year
to year, and in the event of nonpayment of the rents provided in such
leases or the termination of such leases to execute leases thereof to
others for any suitable purposes. The Commission may extend the time for
paying the rent due or any portion thereof when the inability of the
district to pay is due to failure or delays in the collections of the
taxes levied for such purpose. (d) To convey such property to the appropriate authority for the use
and benefit of the lessee school district in which such property is
located if and when the Commission has been reimbursed out of rentals or
otherwise for all direct costs pertaining thereto which have been
incurred by the Commission, including acquisition and development of the
site, acquisition of equipment, and design and construction of the
building, collectively referred to in this Article as the costs of the
project. (e) To sell such property at public sale, with the approval of the
Illinois Building Authority or other state agency authorized to provide
funds, if the lease thereof is not renewed by the lessee district with
power to sell the moveables separately from the site and building. (f) To cause deeds and bills of sale authorized under this Article
to be executed on behalf of the State of Illinois by the Chairman and
Secretary of the Commission. (g) To adopt all needful by‑laws, rules and regulations for the
acquisition, management and use of such sites and buildings acquired for
school purposes, consistent with the objects and purposes of this
Article. (h) To employ or contract for such services as the Commission may
deem necessary to carry out its duties. (i) To execute leases with the Illinois Building Authority or other
state agency authorized to provide funds for school sites, buildings and
fixed equipment as needed by school districts qualifying under this
Article, which leases shall be payable solely and only from
appropriations made by the General Assembly from time to time. However,
the allocation of the amounts declared to be in the public interest by
any General Assembly for school districts qualifying under this Article
shall be made by the School Building Commission. (j) To develop a system of documents and analyses necessary to
maintain the statutory cost limitations placed on Commission projects,
and for the optional use of school districts in general, to include
design, materials, components, construction techniques, contracts,
criteria and prototype drawings and specifications. (k) To acquire by gift, purchase or otherwise, and to construct,
equip, complete, remodel and maintain school buildings and equipment,
and for that purpose to acquire and improve school sites by gift,
purchase, condemnation or otherwise, when such facilities have been
approved by the Board of Vocational Education and Rehabilitation,
hereinafter referred to; and when the erection of the approved
facilities has been declared to be in the public interest by the General
Assembly. (Source: P. A. 77‑1994.)
(105 ILCS 5/35‑6)(from Ch. 122, par. 35‑6) Sec. 35‑6. Need of district. In determining the needs of a district,
the Commission shall consider the current average daily attendance in
the district and attendance areas therein and the probable average daily
attendance for the succeeding 5 years in the light of the growth trend
of the district, the effect of slum clearance and large scale housing
projects, the pattern of attendance between private and public schools
and plans for the curtailment or additions to private school facilities
in the area of and adjacent to the district, and any other factors
bearing upon the probable continuing building needs of the district. It
shall determine the number of available classrooms which meet the
minimum requirements specified by the State Board of Education under
Section 2‑3.12 of the School Code. It shall proceed on
the assumption that each district needs 1 classroom for every 32 pupils
in average daily attendance in grades K through 6, one classroom for
each 28 students in average daily attendance in grades 7 through 9, and
one classroom for every 25 students in average daily attendance in
grades 10 through 12, but consideration shall be given to the fact that
some existing and otherwise acceptable classrooms cannot accommodate the
specified number of pupils. (Source: P.A. 81‑1508.)
(105 ILCS 5/35‑7)(from Ch. 122, par. 35‑7) Sec. 35‑7. Qualifications. No school district shall be entitled to have a building acquired or
constructed in the district by the Commission unless: (a) The Commission shall determine that the district will require,
in addition to its present classrooms and those for which funds have
been provided by the district, classrooms for at least 110 pupils in
average daily attendance in grades K through 8, 110 pupils in average
daily attendance in grades 9 through 12 and 200 pupils in average daily
attendance in grades K through 12 at the beginning of the ensuing school
fall term and that the need for such additional classrooms will continue
through the 5 ensuing school years. In determining the needs of a
district subject to Section 35‑25 of this Act, the Commission shall
consider the factors therein involved. (b) It has either reduced its bonding power to less than $5000 or
will have done so in complying with the provisions of this Article. (c) Its school board has been duly authorized to levy a special tax
sufficient in amount to provide the rent under Section 35‑15 for the
facilities to be so provided, but the Commission may approve an
application for the construction of a classroom in a district contingent
upon compliance with this provision within 60 days after such approval. (Source: P. A. 77‑2282.)
(105 ILCS 5/35‑8)(from Ch. 122, par. 35‑8) Sec. 35‑8. Site. If no site for a needed building is owned by the applying district,
the Commission shall acquire a site therefor by condemnation or
otherwise. Whenever feasible in the light of the development of the
district, the site shall have a minimum of 4 acres and 1 additional acre
for each 150 pupils in average daily attendance in excess of 200,
provided that the cost of such additional acreage shall not exceed $20
for each such excess pupil. The number of pupils in excess of 200 shall
be estimated by the Commission as the number to be in average daily
attendance at the school in the fifth school year succeeding the filing
of the application. The Commission shall develop the site, whether
furnished by the applying district or otherwise acquired by the
Commission. (Source: Laws 1961, p. 31.)
(105 ILCS 5/35‑9)(from Ch. 122, par. 35‑9) Sec. 35‑9. Classrooms and facilities. All classrooms and related facilities to be provided hereunder shall
conform to the minimum requirements of the State Board of Education
specified under Section 2‑3.12 of this Act. There shall be
1 classroom for each 32 pupils or major fraction thereof in average
daily attendance in grades K through 6, and 1 classroom for each 28
pupils or major fraction thereof in average daily attendance in grades 7
through 9, and one classroom for each 25 pupils or major fraction
thereof in average daily attendance in grades 10 through 12 as projected
by the Commission for the beginning of the second school year after the
determinations of the Commission as provided in paragraph (a) of Section
35‑7 hereof. In addition, the Commission may provide 1 multiple purpose
room and appropriate office area for each building constructed by the
Commission containing 6 or more classrooms to be occupied by students in
grades K through 6. The Commission may also provide, in addition to the
classrooms, the necessary additional space for a building housing grades
7 through 9 and 10 through 12, as is necessary to meet the minimum
standards of education as laid down by the State Board of Education.
In lieu of constructing a new building hereunder, the
Commission in its discretion may remodel an existing building to provide
all or part of the needed classrooms or provide an addition to an
existing building. (Source: P.A. 81‑1508.)
(105 ILCS 5/35‑10)(from Ch. 122, par. 35‑10) Sec. 35‑10. Plans and specifications. Upon approval of an application for aid hereunder by the Commission,
the school board of the district and the School Building Commission
shall jointly proceed to employ Architects and Engineers for the design
of the approved facilities. Such plans and specifications shall be
submitted to the Regional Superintendent of Schools and the
State Board of Education for
approval. If approved by such officers, they
shall be submitted to the Commission for its approval, with an estimate
of the cost of construction. The Commission shall approve such plans if
in its opinion the facilities meet the needs of the district as
disclosed in its application, are limited to those authorized by this
Act, and can be constructed within the cost limits of this Act. If so
approved, the Commission shall advertise for bids for all construction
work and equipment once each week for 3 successive weeks prior to the
date the bids are to be opened in a newspaper published in the district
or if no such newspaper is published in the district then in a newspaper
published in the county and having a general circulation in the
district. The advertisement shall set forth specifically or, by way of
reference to specifications, indicate what will be required of the
bidders, the amount of the certified check to be deposited with the bid
and such other particulars as the Commission may deem proper. Any
advertisement may embrace propositions for all or a part of the material
to be furnished or work to be done. The bids shall be received and
opened and accepted by the Commission in the manner provided for other
state contracts and the Commission shall enter into a contract with the
lowest responsible bidder or bidders. The cost of buildings erected by
the Commission shall not exceed the formula listed below: (a) Buildings for grades K through 8 ‑ In the case of a building to
be constructed with less than 6 classrooms, the cost shall not exceed
$18,000 a classroom or $14 per square foot, whichever is less. In the
case of a building to be constructed with 6 or more classrooms and where
a multi‑purpose room and appropriate office area is required, the cost
shall not exceed $24,000 a classroom or $14 per square foot, whichever
is less. This cost formula shall include construction costs, architects
fees and fixed equipment. These cost figures are based on construction
costs at January 1, 1967, and the Commission shall adjust them up or
down to reflect changes in construction costs in the area of the
district. (b) Junior High Buildings, grades 6 through 9 ‑ No building may be
erected by the Commission to house grades 6 through 9 or any combination
unless the district shall have at least 250 students at the beginning of
the ensuing school year to be housed therein. The basic cost of a
building to house 250 students shall not exceed $400,000 plus $1,000 per
student for each student in excess of 250 or $15.50 per square foot,
whichever is less. This cost formula shall include construction costs,
architect's fees, and fixed equipment, and shall provide all the space
necessary to meet the educational requirements of the State Board of Education.
These cost figures are based on construction costs
at January 1, 1967, and the Commission shall adjust them up or down to
reflect changes in construction costs in the area of the district. (c) High School Buildings, grades 9 through 12 ‑ The Commission shall
not erect a building to house students in grades 9 through 12 unless the
district shows a need for at least 250 students at the beginning of the
ensuing school year to be housed therein. The basic cost of a building
to house 250 students shall not exceed $625,000 plus $1,800 per student
for each student in excess of 250 or $16.50 per square foot, whichever
is less. The above cost shall include construction costs, architect's
fees, and fixed equipment and shall include all space necessary to meet
the minimum standard of education laid down by the State Board of Education.
These cost figures are based on construction costs
at January 1, 1967, and the Commission shall adjust them up or down to
reflect changes in construction costs in the area of the district. Notwithstanding the foregoing cost figures, the Commission shall have
power to limit the cost of the building to the minimum cost level of the
area for similar construction and if in the opinion of the Commission
the bids exceed such cost the Commission may reject all bids and
readvertise. If any contractor refuses or fails to fulfill his contract
the contract may be cancelled by the Commission. The building costs
herein authorized are in addition to the cost of the site, site
development and site improvements. (Source: P.A. 81‑1508.)
(105 ILCS 5/35‑11)(from Ch. 122, par. 35‑11) Sec. 35‑11. Equipment. Each building acquired or constructed hereunder shall be equipped by
the Commission with movable equipment essential to enable the district
to meet the standards of recognition of the State Board of Education.
In the case of a building to be acquired or constructed
with less than 6 classrooms, or with no multi‑purpose room, the cost of
such movable equipment shall not exceed $800 a classroom. In the case of
a building to be acquired or constructed with more than 6 classrooms and
with multi‑purpose room and appropriate office area, the cost of such
movable equipment shall not exceed $1,000 a classroom. (Source: P.A. 81‑1508.)
(105 ILCS 5/35‑12)(from Ch. 122, par. 35‑12) Sec. 35‑12. Applications. Except as otherwise provided in Section 35‑12.1, applications for
such aid filed with the Commission shall have priority in the order of
filing. If the funds appropriated shall be insufficient to meet the
needs of all districts qualified as herein provided so applying,
preference shall be given to those districts which in the judgment of
the Commission show the highest ratio of pupils for whom additional
classrooms are required to the total pupils in the district. (Source: P. A. 77‑1553.)
(105 ILCS 5/35‑12.1)(from Ch. 122, par. 35‑12.1) Sec. 35‑12.1. Emergency fund. To expedite the replacement or reconstruction of school buildings
destroyed or damaged by flood, tornado, fire, or other disaster produced
solely by nature, the Commission may use up to $1,850,000 of its annual
appropriation of grant monies for the emergency replacement or
reconstruction of such buildings. This amount shall be used in addition
to whatever insurance benefits are received because of the damaged or
destroyed buildings. Applications for such emergency aid shall be
treated separately from other applications. In all other respects, such
emergency aid shall be subject to the same requirements as other aid
under this Article, except that districts which have reached 60% of
their bonding power at the time such destruction or damage occurs shall
also qualify for emergency aid, in addition to districts qualifying
under Section 35‑7. (Source: P. A. 77‑1553.)
(105 ILCS 5/35‑13)(from Ch. 122, par. 35‑13) Sec. 35‑13. Information required. Any district desiring to have the Commission provide facilities
hereunder shall file a verified application setting forth such
information as the Commission shall specify to enable it to determine
the building needs of the district, together with a school census of the
district taken in accordance with the regulations of the Commission and
such additional documents including plans of existing buildings and
certificates of assessed valuation as the Commission may deem necessary.
The Commission may make such further investigation of the needs of the
district as it deems desirable. If the district owns a site which, in
the judgment of the Commission, is suitable for that proposed building,
such site shall be conveyed to the State of Illinois. If the Commission
decides to remodel or repair an existing building as herein provided
such building shall likewise be conveyed to the State of Illinois. (Source: Laws 1961, p. 31.)
(105 ILCS 5/35‑14)(from Ch. 122, par. 35‑14) Sec. 35‑14. Bonding power. If the Commission finds that the applying district at the time of
application has unused bonding power in the amount of $5,000 or more,
the Commission shall require the district to authorize a bond issue and
sell such bonds. The proceeds of any such bond issue, at the direction
of the Commission, shall be either (a) prepaid to the State of Illinois
in the manner provided in Article 19 of this Act or (b) shall be used by
the district for the purpose of constructing a part of the approved
building. If (b) above is used, such funds shall be deposited by the Commission
in a joint account between the Commission and the district, and shall be
used for paying the first cost of the construction contract. Such funds
shall be paid out only upon the joint signature of the director of the
Commission and the official designated by the district board, only after
formal approval by the Commission. Any account so established if not
distributed within 12 months shall be closed, and any moneys shall be
paid into the General Fund. The commission shall determine that bond proceeds have been disposed
of in accordance with (a) or (b) above prior to making any contract
obligating the Commission to disburse any money hereunder. (Source: P. A. 76‑2496.)
(105 ILCS 5/35‑15)(from Ch. 122, par. 35‑15) Sec. 35‑15. Rental. The annual rental to be paid for the use of any such facilities shall
be fixed by the Commission and shall be calculated to reimburse the
State at the rate of at least 6% per annum for all of its costs of the
project. The districts shall maintain the buildings in good condition,
subject to ordinary wear and tear, and shall keep the buildings insured
in an amount and in a company approved by the Commission. Such insurance
shall be payable to the State of Illinois and the school district as
their interest may appear. If any district fails to keep any facilities
leased hereunder in good repair, the Commission may cause all needed
repairs to be made and the cost thereof shall become so much additional
rent to be paid by the district. An accurate record shall be kept of the
rental payments under each lease entered into by the Authority and any
school board, and when the rentals applicable to each project
constructed, remodeled, rehabilitated, and equipped have been paid, in
amounts sufficient to amortize and pay the principal of and interest
upon the total principal amounts of bonds of the Authority issued to pay
the cost of each project, including maintenance and operation expenses
and that proportion of the administrative expense of the Authority as
provided for by each lease, the property shall be conveyed without
charge to the lessee. (Source: P. A. 76‑1689.)
(105 ILCS 5/35‑16)(from Ch. 122, par. 35‑16) Sec. 35‑16. Future buildings. No school district in which a building has been constructed under
this Article shall construct a school building or enlarge an existing
building, except hereunder, until the State has been reimbursed for all
its costs of the project by rentals or otherwise unless the Commission
shall determine and advise the school board of the district that in the
opinion of the Commission such construction or enlargement will not
impair the ultimate reimbursement of the State for such cost. The
district may at any time reimburse the State of Illinois for the
unreimbursed balance of the costs of the project. (Source: Laws 1961, p. 31.)
(105 ILCS 5/35‑18)(from Ch. 122, par. 35‑18) Sec. 35‑18. Title. Title to any site upon which any facilities are to be provided
through the aid, in whole or in part, of the Commission shall be
conveyed to the State to be by it retained until the property is
disposed of under Section 35‑5(d) or (e) of this Article. (Source: Laws 1961, p. 31.)
(105 ILCS 5/35‑19)(from Ch. 122, par. 35‑19) Sec. 35‑19. Funds collected. The State Treasurer of the State of Illinois shall be ex‑officio
Treasurer for the Commission and custodian of all funds collected under
this Act. Immediately upon the receipt of any funds by the Commission
such funds shall be paid into the State Treasury. (Source: Laws 1961, p. 31.)
(105 ILCS 5/35‑20)(from Ch. 122, par. 35‑20) Sec. 35‑20. Site acquired. Any site acquired by the Commission under this Article shall be a
school site for all purposes of the district in which it is located
without any referendum of the voters regardless of other provisions of
this Act. (Source: Laws 1961, p. 31.)
(105 ILCS 5/35‑21)(from Ch. 122, par. 35‑21) Sec. 35‑21. Use of buildings owned by State. Any school district of the State of Illinois, whether organized under
this Act or by special charter, shall have the power to use and occupy
all or any part of any building subject to the jurisdiction of the
School Building Commission upon proper authorization therefor by the
Commission, and any such school district shall have power to pay to the
Commission the rental for use and occupancy imposed by it. (Source: Laws 1961, p. 31.)
(105 ILCS 5/35‑22)(from Ch. 122, par. 35‑22) Sec. 35‑22. Election. The school board of any such school district which desires to use and
occupy for school purposes a building or buildings owned by the State
shall adopt a resolution for the submission to the voters
of the district at a regular scheduled election, a proposition to levy
a tax in an amount to be
specified on the ballot but unlimited as to rate or
amount under any other provisions of this Act, upon all taxable property
in the district for the purpose of paying rentals fixed by the
Commission for the use and occupancy of a school building or buildings
owned by the State so long as such building or buildings shall continue
to be leased by the district from the State. The board shall certify the
resolution and the proposition to the proper election authorities for submission
to the electorate as provided in the general election law. Such election
shall be held prior to the authorization by the Commission of the
construction, use and occupancy of any such school building. (Source: P.A. 81‑1489.)
(105 ILCS 5/35‑23)(from Ch. 122, par. 35‑23) Sec. 35‑23. Levy of tax. If the proposition to levy such a tax shall have received the assent
of a majority of the voters of the district who shall have voted thereon
at the election, then the school board of such district shall have power
to levy the tax so authorized in the same manner as other school taxes
are levied for the purpose set out in Section 35‑21 except that the
certificate of levy for the tax so authorized may be filed with the
county clerk at any time before the end of the calendar year. If filed
on or before the last Tuesday in September, it may be included in the
certificate filed under Section 17‑11 of this Act. Such tax shall be
unlimited as to rate or amount and shall continue during the period
covered by the lease or any extension thereof and until the Commission
has received all rentals thereunder. No such tax, however, shall be
levied for any year unless the Commission shall have authorized the use
by the district of a school building owned by the State for that school
year. Such tax shall be in addition to any and all taxes authorized to
be levied by the school district by this Act, or any other Act. Such tax
shall not operate to reduce the amount that might otherwise be levied by
such district for either educational or operations, building and
maintenance purposes. (Source: P. A. 77‑2744.)
(105 ILCS 5/35‑24)(from Ch. 122, par. 35‑24) Sec. 35‑24. Proceeds of tax. The proceeds of the tax shall be paid to the treasurer who collects
the taxes of such district and shall be held by him in a special fund
and not commingled with any other funds of the district. Such treasurer
shall, when the rentals become due, remit the amount of such rentals to
the Commission without further action by the board of education or
school directors of the district and shall advise the school board of
his action. If for any reason in any year the proceeds of such tax shall
be insufficient to produce, by the time the above mentioned rentals
shall become payable, a sum sufficient to meet such rentals, then the
school board of such district in the next ensuing year shall levy a tax
sufficient to make up such deficiency. If in any year the proceeds of
such tax shall exceed the amount necessary for the payment of such
rentals then the excess thereof shall be held by the treasurer in a
special account and used for the payment of rentals in the succeeding
year, the tax levy for such year to be reduced by the county clerk
accordingly on the joint certificate of the school board of the district
and the Commission. (Source: Laws 1961, p. 31.)
(105 ILCS 5/35‑25)(from Ch. 122, par. 35‑25) Sec. 35‑25. The power of the Commission to construct a school
building in the territory of a school district, shall not be vitiated by
reason of the fact that a County Board of School Trustees has entered an
order annexing all or part of the district, together with coterminous
non‑high school territory, to a school district or districts maintaining
grades K to 12, if the order by reason of appeal or otherwise has not
become final at the time the Commission authorizes the construction of
such building. However, in considering the needs of such a district
under Section 35‑6 of this Article and whether the district is entitled
to a building under Section 35‑7(a) of this Article, the Commission
shall consider, in addition to the needs of the applicant district, the
needs of the district to which it, or the portion of it in which the
proposed building lies, will be annexed if the order of the County Board
of School Trustees becomes final, and as enlarged by such annexation. If
such order becomes final, the district to which such annexation is made
shall be subject to the same restrictions as to future building
construction or enlargement and as to changes in its boundaries as is
provided in Sections 35‑16 and 35‑17 of this Article to the same
extent as if it had been the applicant for building aid and the building
had been constructed in its territory, shall be subject to all the terms
and provisions of any leases entered into by the annexed district for
the rental of buildings constructed by the Commission, and shall be
authorized to use and occupy such building and to levy a tax throughout
the annexing district in such amount as has been authorized by the
voters of the annexed district pursuant to an election held under
Section 35‑22 of this Article. (Source: P. A. 77‑2282.)
(105 ILCS 5/35‑26)(from Ch. 122, par. 35‑26) Sec. 35‑26. Extension of period of lease. If the Commission shall be required to insure any buildings under the
provisions of Section 35‑15, or to make needed repairs to said building
under Section 35‑15, and if the maximum levy approved by the voters of
said district is insufficient to meet the rental payments and costs of
such insurance, then the Commission shall have the authority to extend
the period of the lease until the State has been reimbursed for all such
costs. (Source: Laws 1965, p. 2378.)
(105 ILCS 5/35‑27)(from Ch. 122, par. 35‑27) Sec. 35‑27. Commission exempt. Any regulations of the State Board
of Education which are now or may hereafter be issued establishing
standards which require the renovation of school buildings shall not
apply until October 1, 1975, to a building owned by the State of
Illinois on or before August 2, 1965 under the authority of this Act. (Source: P.A. 79‑500.)
(105 ILCS 5/35‑28)(from Ch. 122, par. 35‑28) Sec. 35‑28. Application of payments. The first payment of rentals and bond proceeds to the Commission
shall be applied against the cost of movable equipment, and any future
payments against the cost of the building. As soon as the State has been
reimbursed for the cost of said movable equipment, title of said movable
equipment shall be transferred to the schools. (Source: Laws 1965, p. 2378.)
(105 ILCS 5/35‑29)(from Ch. 122, par. 35‑29) Sec. 35‑29. Audit. The Authority shall cause an audit of the accounts of the Authority
to be made annually by an accountant or accountants authorized to
practice accounting under the laws of this State. (Source: P. A. 76‑1689.)
(105 ILCS 5/35‑30)(from Ch. 122, par. 35‑30) Sec. 35‑30. Area Vocational Buildings. When the State Board of Education has
approved an application for a building or buildings they shall submit to
the School Building Commission an educational specification covering the
use of the proposed facilities. After a review of the educational
specifications, the School Building Commission shall establish a budget
for building and equipping such facilities and shall jointly with the
administrative district (or the regional superintendent acting pursuant
to Section 3‑15.14, as the case may be), select Architects and Engineers
for the proposed facilities. The School Building Commission shall
consult with the administrative district (or the regional superintendent
acting pursuant to Section 3‑15.14, as the case may be), and the
Architect and the Engineer in the design of the proposed facilities.
Plans and specifications for any Facilities erected under the provisions
of this act shall be approved by the administrative district (or the
regional superintendent acting pursuant to Section 3‑15.14, as the case
may be) and by the State Board of Education. (a) On or before April 1, 1973 the School Building Commission shall
recommend to the General Assembly, statutory cost limitations which
shall apply to future buildings contracted for after July 1, 1973. (b) Any funds made available for the construction and/or equipping
Area Vocational facilities whether from the proceeds of bonds, either
issued locally or by any agency of the State, contributions from the
Federal Government, or direct appropriation by the General Assembly
shall be released for payment only upon the authorized signature of the
School Building Commission. (Source: P.A. 81‑1508.)
(105 ILCS 5/35‑31)(from Ch. 122, par. 35‑31) Sec. 35‑31. School building for wards of the State. When any common
school district is required to accept additional students because of the
closing of a non‑public school which was operated in conjunction with a
residential care facility that contracts with the Department of Children
and Family Services, or its successor, to provide residential care for
wards of the State and when the enrollment of that common school
district is increased by 5% or more by these former non‑public school
students whose parents do not reside in that common school district and
when the Governor has declared such condition to be an emergency, he may
direct the School Building Commission to provide such classroom
facilities as the State Superintendent of Education may declare to be
necessary to accommodate the former non‑public school enrollees who are
wards of the State. The cost of facilities provided under this Section shall be paid from
regular appropriations by the General Assembly to the School Building
Commission without reimbursement to the State by the common school
district. Facilities may be provided under this Section without regard
to the present bonding power of the common school district. The limits imposed on the cost of school facilities on a square foot
or other basis by any other Section of this Act or any other law do not
apply to the cost of facilities provided under this Section. Any facility provided under this Section shall be available to all
wards of the State under the age of 21 who reside within the district
and the district may not utilize this facility for use under any joint
agreement with another district or group of districts organized as
cooperative until all wards of the State under the age of 21 who reside
within the district, who are in need of the facility, have been
accommodated in the facility. (Source: P.A. 80‑787.)
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