97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
SB2144

 

Introduced 2/10/2011, by Sen. Michael W. Frerichs

 

SYNOPSIS AS INTRODUCED:
 
105 ILCS 230/5-5
105 ILCS 230/5-25
105 ILCS 230/5-35

    Amends the School Construction Law. Provides that "school district" includes a public university laboratory school. Provides that the grant index for a university lab school shall be 100%. Provides that a university lab school that makes application for school construction funds shall be placed on the respective application cycle list, university lab schools must be placed following any Type 40 area vocational centers on the priority listing of eligible entities for the applicable fiscal year, and the grant amount for a university lab school shall be 100% of the recognized project cost, as determined by the Capital Development Board.


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

SB2144LRB097 10332 NHT 50540 b

1    AN ACT concerning education.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The School Construction Law is amended by
5changing Sections 5-5, 5-25, and 5-35 as follows:
 
6    (105 ILCS 230/5-5)
7    Sec. 5-5. Definitions. As used in this Article:
8    "Approved school construction bonds" mean bonds that were
9approved by referendum after January 1, 1996 but prior to
10January 1, 1998 as provided in Sections 19-2 through 19-7 of
11the School Code to provide funds for the acquisition,
12development, construction, reconstruction, rehabilitation,
13improvement, architectural planning, and installation of
14capital facilities consisting of buildings, structures,
15durable-equipment, and land for educational purposes.
16    "Grant index" means a figure for each school district equal
17to one minus the ratio of the district's equalized assessed
18valuation per pupil in average daily attendance to the
19equalized assessed valuation per pupil in average daily
20attendance of the district located at the 90th percentile for
21all districts of the same category. For the purpose of
22calculating the grant index, school districts are grouped into
232 categories, Category I and Category II. Category I consists

 

 

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1of elementary and unit school districts. The equalized assessed
2valuation per pupil in average daily attendance of each school
3district in Category I shall be computed using its grades
4kindergarten through 8 average daily attendance figure. A unit
5school district's Category I grant index shall be used for
6projects or portions of projects constructed for elementary
7school pupils. Category II consists of high school and unit
8school districts. The equalized assessed valuation per pupil in
9average daily attendance of each school district in Category II
10shall be computed using its grades 9 through 12 average daily
11attendance figure. A unit school district's Category II grant
12index shall be used for projects or portions of projects
13constructed for high school pupils. The changes made by this
14amendatory Act of the 92nd General Assembly apply to all grants
15made on or after the effective date of this amendatory Act,
16provided that for grants not yet made on the effective date of
17this amendatory Act but made in fiscal year 2001 and for grants
18made in fiscal year 2002, the grant index for a school district
19shall be the greater of (i) the grant index as calculated under
20this Law on or after the effective date of this amendatory Act
21or (ii) the grant index as calculated under this Law before the
22effective date of this amendatory Act. The grant index shall be
23no less than 0.35 and no greater than 0.75 for each district;
24provided that the grant index for districts whose equalized
25assessed valuation per pupil in average daily attendance is at
26the 99th percentile and above for all districts of the same

 

 

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1type shall be 0.00.
2    The grant index shall be calculated for each of those
3school districts forming a reorganized school district or
4cooperative high school if one or more of the following happen
5within the current or prior 2 fiscal years:
6        (1) a new school district is created in accordance with
7    Article 11E of the School Code;
8        (2) an existing school district annexes all of the
9    territory of one or more entire other school districts in
10    accordance with Article 7 of the School Code; or
11        (3) a cooperative high school is formed in accordance
12    with Section 10-22.22c of the School Code.
13The average grant index of those school districts shall be used
14as the grant index for the newly reorganized district or
15cooperative high school.
16    The grant index for a university lab school shall be 100%.
17    "School construction project" means the acquisition,
18development, construction, reconstruction, rehabilitation,
19improvement, architectural planning, and installation of
20capital facilities consisting of buildings, structures,
21durable equipment, and land for educational purposes.
22    "School district" means a school district or a Type 40 area
23vocational center that is jointly owned if the joint agreement
24includes language that specifies how the debt obligation is to
25be paid, including in the event that an entity withdraws from
26the joint agreement.

 

 

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1    "School district" includes a cooperative high school,
2which shall be considered a high school district for the
3purpose of calculating its grant index. "School district" also
4includes a university lab school, which shall have a grant
5index of 100%.
6    "School maintenance project" means a project, other than a
7school construction project, intended to provide for the
8maintenance or upkeep of buildings or structures for
9educational purposes, but does not include ongoing operational
10costs.
11    "University lab school" means a "laboratory school" as that
12term is defined in subsection (K) of Section 18-8.05 of the
13School Code.
14(Source: P.A. 96-731, eff. 8-25-09; 96-1381, eff. 1-1-11.)
 
15    (105 ILCS 230/5-25)
16    Sec. 5-25. Eligibility and project standards.
17    (a) The State Board of Education shall establish
18eligibility standards for school construction project grants
19and debt service grants. These standards shall include minimum
20enrollment requirements for eligibility for school
21construction project grants of 200 students for elementary
22districts, 200 students for high school districts, and 400
23students for unit districts. The total enrollment of member
24districts forming a cooperative high school in accordance with
25subsection (c) of Section 10-22.22 of the School Code shall

 

 

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1meet the minimum enrollment requirements specified in this
2subsection (a). The State Board of Education shall approve a
3district's eligibility for a school construction project grant
4or a debt service grant pursuant to the established standards.
5    For purposes only of determining a Type 40 area vocational
6center's eligibility for an entity included in a school
7construction project grant or a school maintenance project
8grant, an area vocational center shall be deemed eligible if
9one or more of its member school districts satisfy the grant
10index criteria set forth in this Law. A Type 40 area vocational
11center that makes application for school construction funds
12after August 25, 2009 (the effective date of Public Act 96-731)
13shall be placed on the respective application cycle list. Type
1440 area vocational centers must be placed last on the priority
15listing of eligible entities for the applicable fiscal year.
16    A university lab school that makes application for school
17construction funds after the effective date of this amendatory
18Act of the 97th General Assembly shall be placed on the
19respective application cycle list. University lab schools must
20be placed following any Type 40 area vocational centers on the
21priority listing of eligible entities for the applicable fiscal
22year. If there are no Type 40 area vocational centers on the
23priority listing of eligible entities for the applicable fiscal
24year, then the university lab schools must be placed last on
25the priority listing of eligible entities for the applicable
26fiscal year.

 

 

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1    (b) The Capital Development Board shall establish project
2standards for all school construction project grants provided
3pursuant to this Article. These standards shall include space
4and capacity standards as well as the determination of
5recognized project costs that shall be eligible for State
6financial assistance and enrichment costs that shall not be
7eligible for State financial assistance.
8    (c) The State Board of Education and the Capital
9Development Board shall not establish standards that
10disapprove or otherwise establish limitations that restrict
11the eligibility of (i) a school district with a population
12exceeding 500,000 for a school construction project grant based
13on the fact that any or all of the school construction project
14grant will be used to pay debt service or to make lease
15payments, as authorized by subsection (b) of Section 5-35 of
16this Law, (ii) a school district located in whole or in part in
17a county that imposes a tax for school facility purposes
18pursuant to Section 5-1006.7 of the Counties Code, or (iii) a
19school district that (1) was organized prior to 1860 and (2) is
20located in part in a city originally incorporated prior to
211840, based on the fact that all or a part of the school
22construction project is owned by a public building commission
23and leased to the school district or the fact that any or all
24of the school construction project grant will be used to pay
25debt service or to make lease payments.
26    (d) A reorganized school district or cooperative high

 

 

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1school may use a school construction application that was
2submitted by a school district that formed the reorganized
3school district or cooperative high school if that application
4has not been entitled for a project by the State Board of
5Education and any one or more of the following happen within
6the current or prior 2 fiscal years:
7        (1) a new school district is created in accordance with
8    Article 11E of the School Code;
9        (2) an existing school district annexes all of the
10    territory of one or more other school districts in
11    accordance with Article 7 of the School Code; or
12        (3) a cooperative high school is formed in accordance
13    with subsection (c) of Section 10-22.22 of the School Code.
14A new elementary district formed from a school district
15conversion, as defined in Section 11E-15 of the School Code,
16may use only the application of the dissolved district whose
17territory is now included in the new elementary district and
18must obtain the written approval of the local school board of
19any other school district that includes territory from that
20dissolved district. A new high school district formed from a
21school district conversion, as defined in Section 11E-15 of the
22School Code, may use only the application of any dissolved
23district whose territory is now included in the new high school
24district, but only after obtaining the written approval of the
25local school board of any other school district that includes
26territory from that dissolved district. A cooperative high

 

 

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1school using this Section must obtain the written approval of
2the local school board of the member school district whose
3application it is using. All other eligibility and project
4standards apply to this Section.
5(Source: P.A. 96-37, eff. 7-13-09; 96-731, eff. 8-25-09;
696-1000, eff. 7-2-10; 96-1381, eff. 1-1-11; 96-1467, eff.
78-20-10; revised 9-16-10.)
 
8    (105 ILCS 230/5-35)
9    Sec. 5-35. School construction project grant amounts;
10permitted use; prohibited use.
11    (a) The product of the district's grant index and the
12recognized project cost, as determined by the Capital
13Development Board, for an approved school construction project
14shall equal the amount of the grant the Capital Development
15Board shall provide to the eligible district. The grant index
16shall not be used in cases where the General Assembly and the
17Governor approve appropriations designated for specifically
18identified school district construction projects.
19    The average of the grant indexes of the member districts in
20a joint agreement shall be used to calculate the amount of a
21school construction project grant awarded to an eligible Type
2240 area vocational center.
23    The grant amount for a university lab school shall be equal
24to 100% of the recognized project cost, as determined by the
25Capital Development Board.

 

 

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1    (b) In each fiscal year in which school construction
2project grants are awarded, 20% of the total amount awarded
3statewide shall be awarded to a school district with a
4population exceeding 500,000, provided such district complies
5with the provisions of this Article.
6    In addition to the uses otherwise authorized by this Law,
7any school district with a population exceeding 500,000 is
8authorized to use any or all of the school construction project
9grants (i) to pay debt service, as defined in the Local
10Government Debt Reform Act, on bonds, as defined in the Local
11Government Debt Reform Act, issued to finance one or more
12school construction projects and (ii) to the extent that any
13such bond is a lease or other installment or financing contract
14between the school district and a public building commission
15that has issued bonds to finance one or more qualifying school
16construction projects, to make lease payments under the lease.
17    (b-5) In addition to the uses otherwise authorized by this
18Law, any school district that (1) was organized prior to 1860
19and (2) is located in part in a city originally incorporated
20prior to 1840 is authorized to use any or all of the school
21construction project grants (i) to pay debt service on bonds,
22as those terms are defined in the Local Government Debt Reform
23Act, that are issued to finance one or more school construction
24projects and (ii) to the extent that any such bond is a lease
25or other installment or financing contract between the school
26district and a public building commission that has issued bonds

 

 

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1to finance one or more qualifying school construction projects,
2to make lease payments under the lease.
3    (c) No portion of a school construction project grant
4awarded by the Capital Development Board shall be used by a
5school district for any on-going operational costs.
6(Source: P.A. 96-731, eff. 8-25-09; 96-1467, eff. 8-20-10.)