Full Text of SB3237 103rd General Assembly
SB3237eng 103RD GENERAL ASSEMBLY | | | SB3237 Engrossed | | LRB103 37777 RJT 67906 b |
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| 1 | | AN ACT concerning education. | 2 | | Be it enacted by the People of the State of Illinois, | 3 | | represented in the General Assembly: | 4 | | Section 5. The School Construction Law is amended by | 5 | | changing Sections 5-5 and 5-15 as follows: | 6 | | (105 ILCS 230/5-5) | 7 | | Sec. 5-5. Definitions. As used in this Article: | 8 | | "Conditional grant award" means the formal notification by | 9 | | the Capital Development Board to a school district of its | 10 | | conditional intent to award a grant to a school district to pay | 11 | | a portion of the recognized project cost for a school | 12 | | construction project. The grant award is conditioned upon | 13 | | receiving proof from the school district that it has funds | 14 | | available to cover the cost of the required local match. | 15 | | "Grant award amount" means an amount equal to the | 16 | | recognized project cost determined by the Capital Development | 17 | | Board for a school construction project multiplied by the | 18 | | grant award percentage and then adjusted as may be required | 19 | | pursuant to subsection (d) of Section 5-15. | 20 | | "Grant award percentage" means a percentage equal to one | 21 | | minus the required local match percentage. | 22 | | "Grant index" means a figure for each school district | 23 | | equal to one minus the ratio of the district's equalized |
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| 1 | | assessed valuation per pupil in average daily attendance to | 2 | | the equalized assessed valuation per pupil in average daily | 3 | | attendance of the district located at the 90th percentile for | 4 | | all districts of the same category. This definition applies | 5 | | only to completed or partially completed, as determined by the | 6 | | Capital Development Board, school construction projects for | 7 | | which a grant application was filed for the 2004, 2005, or 2006 | 8 | | application cycle by a school district included on the State | 9 | | Board of Education's 2004, 2005, or 2006 School Construction | 10 | | Project Application Cycle listing and only for the purpose of | 11 | | determining the amount of any adjustment pursuant to | 12 | | subsection (d) of Section 5-15 to a grant award amount for a | 13 | | project funded during the first application cycle opened after | 14 | | June 30, 2022 . For the purpose of calculating the grant index, | 15 | | school districts are grouped into 2 categories, Category I and | 16 | | Category II. Category I consists of elementary and unit school | 17 | | districts. The equalized assessed valuation per pupil in | 18 | | average daily attendance of each school district in Category I | 19 | | shall be computed using its grades kindergarten through 8 | 20 | | average daily attendance figure. A unit school district's | 21 | | Category I grant index shall be used for projects or portions | 22 | | of projects constructed for elementary school pupils. Category | 23 | | II consists of high school and unit school districts. The | 24 | | equalized assessed valuation per pupil in average daily | 25 | | attendance of each school district in Category II shall be | 26 | | computed using its grades 9 through 12 average daily |
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| 1 | | attendance figure. A unit school district's Category II grant | 2 | | index shall be used for projects or portions of projects | 3 | | constructed for high school pupils. The changes made by this | 4 | | amendatory Act of the 92nd General Assembly apply to all | 5 | | grants made on or after the effective date of this amendatory | 6 | | Act, provided that for grants not yet made on the effective | 7 | | date of this amendatory Act but made in fiscal year 2001 and | 8 | | for grants made in fiscal year 2002, the grant index for a | 9 | | school district shall be the greater of (i) the grant index as | 10 | | calculated under this Law on or after the effective date of | 11 | | this amendatory Act or (ii) the grant index as calculated | 12 | | under this Law before the effective date of this amendatory | 13 | | Act. The grant index shall be no less than 0.35 and no greater | 14 | | than 0.75 for each district; provided that the grant index for | 15 | | districts whose equalized assessed valuation per pupil in | 16 | | average daily attendance is at the 99th percentile and above | 17 | | for all districts of the same type shall be 0.00. | 18 | | The grant index shall be calculated for each of those | 19 | | school districts forming a reorganized school district or | 20 | | cooperative high school if one or more of the following happen | 21 | | within the current or prior 2 fiscal years: | 22 | | (1) a new school district is created in accordance | 23 | | with Article 11E of the School Code; | 24 | | (2) an existing school district annexes all of the | 25 | | territory of one or more entire other school districts in | 26 | | accordance with Article 7 of the School Code; or |
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| 1 | | (3) a cooperative high school is formed in accordance | 2 | | with Section 10-22.22c of the School Code. | 3 | | The average grant index of those school districts shall be | 4 | | used as the grant index for the newly reorganized district or | 5 | | cooperative high school. | 6 | | "Recognized project cost" means the total project cost for | 7 | | a school construction project determined by the Capital | 8 | | Development Board to be taken into account in calculating the | 9 | | grant award amount and the required local match for a school | 10 | | construction project. | 11 | | "Required local match" means an amount equal to the | 12 | | product of the recognized project cost determined by the | 13 | | Capital Development Board multiplied by a school district's | 14 | | required local match percentage, and then adjusted as may be | 15 | | required pursuant to Section 5-15. | 16 | | "Required local match percentage" means a percentage equal | 17 | | to a school district's Local Capacity Percentage, as defined | 18 | | in Section 18-8.15 of the School Code, and as calculated by the | 19 | | State Superintendent of Education in the fiscal year in which | 20 | | the school district applies for a grant to be awarded pursuant | 21 | | to this Article, provided that the required local match | 22 | | percentage shall be no less than 10% and no greater than 90% | 23 | | for any district. With respect to a Type 40 area vocational | 24 | | center cooperative, a special education cooperative, or a | 25 | | cooperative high school, the required local match percentage | 26 | | is calculated by first multiplying each cooperative member |
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| 1 | | district's average student enrollment utilized to calculate | 2 | | its latest Evidence-Based Funding, as defined in Section | 3 | | 18-8.15 of the School Code, by the respective district's | 4 | | latest Local Capacity Percentage, as defined in Section | 5 | | 18-8.15 of the School Code, to obtain a weighted average | 6 | | student enrollment. Then, the required local match percentage | 7 | | is calculated by taking the sum of all the member districts' | 8 | | weighted average student enrollment and dividing that sum by | 9 | | the sum of all the member districts' average student | 10 | | enrollment utilized to calculate the latest Evidence-Based | 11 | | Funding. | 12 | | "School construction project" means the acquisition, | 13 | | development, construction, reconstruction, rehabilitation, | 14 | | improvement, architectural planning, and installation of | 15 | | capital facilities consisting of buildings, structures, | 16 | | durable equipment, and land for educational purposes. | 17 | | "School district" means a school district or a Type 40 | 18 | | area vocational center or special education cooperative that | 19 | | is jointly owned, if the joint agreement includes language | 20 | | that specifies how the debt obligation is to be paid, | 21 | | including in the event that an entity withdraws from the joint | 22 | | agreement. | 23 | | "School district" includes a cooperative high school, if | 24 | | the cooperative agreement includes language that specifies how | 25 | | the debt obligation is to be paid, including if an entity | 26 | | withdraws from the cooperative agreement or the cooperative |
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| 1 | | agreement is terminated. | 2 | | "School maintenance project" means a project, other than a | 3 | | school construction project, intended to provide for the | 4 | | maintenance or upkeep of buildings or structures for | 5 | | educational purposes, but does not include ongoing operational | 6 | | costs. | 7 | | (Source: P.A. 102-723, eff. 5-6-22.) | 8 | | (105 ILCS 230/5-15) | 9 | | Sec. 5-15. Grant award amounts and required local match. | 10 | | (a) After June 30, 2022, any time there is an | 11 | | appropriation of funds by the General Assembly from the School | 12 | | Infrastructure Fund or School Construction Fund and a release | 13 | | of the appropriated funds to the Capital Development Board for | 14 | | expenditure on grant awards pursuant to the provisions of this | 15 | | Article, the State Board of Education is authorized to open an | 16 | | application cycle to receive grant applications from school | 17 | | districts for school construction projects. No grant | 18 | | application filed before the start of the first application | 19 | | cycle after June 30, 2022 may be considered. After the close of | 20 | | each application cycle, the State Board of Education shall | 21 | | determine the approval of applications, the required local | 22 | | match percentage for each approved application, and the | 23 | | priority order for school construction project grants to be | 24 | | made by the Capital Development Board and shall then notify | 25 | | all applicants regarding their eligibility for a grant. Such |
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| 1 | | notification shall include an estimate of the required local | 2 | | match. The State Board of Education shall publish a list of | 3 | | applicants eligible for grants and forward it to the Capital | 4 | | Development Board. | 5 | | (b) The Capital Development Board, to the extent that | 6 | | appropriated funds have been released and proceeding through | 7 | | the list of eligible applicants in the order of priority | 8 | | determined by the State Board of Education, shall issue | 9 | | conditional grant awards to eligible school districts. An | 10 | | applicant that does not receive a conditional grant award | 11 | | notification must submit a new application during another | 12 | | application cycle in order to receive future consideration for | 13 | | a grant award. | 14 | | (c) The conditional grant award certifies to a school | 15 | | district the recognized project costs for its school | 16 | | construction project determined by the Capital Development | 17 | | Board, the applicable required local match percentage and | 18 | | grant award percentage, the required local match and grant | 19 | | award amount calculated by multiplying the required local | 20 | | match percentage and the grant award percentage by the | 21 | | recognized project cost, and the required local match and | 22 | | grant award amount as those amounts may be adjusted as | 23 | | required in subsection (d). | 24 | | (d) The required local match and grant award amount are | 25 | | calculated by multiplying the required local match percentage | 26 | | and the grant award percentage by the recognized project cost, |
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| 1 | | provided that, for the first application in which an applicant | 2 | | is funded only during the first application cycle after June | 3 | | 30, 2022 , these amounts may be adjusted if the applicant had | 4 | | previously expended funds on a school construction project on | 5 | | the 2004, 2005, or 2006 School Construction Grant List. In | 6 | | that case, the required local match shall be reduced (but not | 7 | | below zero) and the grant award amount shall be increased (to | 8 | | an amount no greater than the recognized project cost) by an | 9 | | amount determined by the Capital Development Board to be equal | 10 | | to the amount of the grant the applicant would have received | 11 | | pursuant to Section 5-35 had it been awarded a grant in 2004, | 12 | | 2005, or 2006 based on the 2004, 2005, or 2006 School | 13 | | Construction Grant List and the year in which the school | 14 | | district applied for the grant. To receive an adjustment under | 15 | | this subsection (d), a school district on the 2004, 2005, or | 16 | | 2006 School Construction Grant List must initially apply and | 17 | | be approved during the first 3 application cycles after June | 18 | | 30, 2024. | 19 | | (e) A school district shall have 2 years from the date the | 20 | | school district was issued a conditional grant award from the | 21 | | Capital Development Board to obtain the school district's | 22 | | required local match and receive a final grant award from the | 23 | | Capital Development Board. If the required local match is not | 24 | | obtained within the 2-year time frame, the school district | 25 | | shall be required to reapply in another application cycle, | 26 | | after the 2-year time frame, to be considered for a grant |
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| 1 | | award. The State share of the grant amount in a conditional | 2 | | grant award that is not claimed by a school district within the | 3 | | 2-year time frame shall be reallocated to future application | 4 | | cycles after the 2-year time frame expires. | 5 | | (Source: P.A. 102-723, eff. 5-6-22; 103-154, eff. 6-30-23.) | 6 | | Section 99. Effective date. This Act takes effect upon | 7 | | becoming law. |
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