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| Public Act 097-0232 | ||||
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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 School Construction Law is amended by | ||||
changing Section 5-25 as follows:
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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
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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.
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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.
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(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.
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(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
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this Law, (ii) a school district located in whole or in part in | ||
a county that imposes a tax for school facility 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.
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(d) 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 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 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.
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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. 96-37, eff. 7-13-09; 96-731, eff. 8-25-09; | ||
96-1000, eff. 7-2-10; 96-1381, eff. 1-1-11; 96-1467, eff. | ||
8-20-10; revised 9-16-10.)
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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