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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 Code is amended by changing Section 
534-21.1 as follows:




6 (105 ILCS 5/34-21.1) (from Ch. 122, par. 34-21.1)



7 Sec. 34-21.1. Additional powers. In addition to other 
8powers and
authority now possessed by it, the board shall have 
9power:

10  (1) To lease from any public building commission 
11 created pursuant to the
provisions of the Public Building 
12 Commission Act, approved July 5, 1955, as
heretofore or 
13 hereafter amended or from any individuals, partnerships or

14 corporations, any real or personal property for the purpose 
15 of securing
space for its school purposes or office or 
16 other space for its
administrative functions for a period 
17 of time not exceeding 40 years.

18  (2) To pay for the use of this leased property in 
19 accordance with the
terms of the lease and with the 
20 provisions of the Public Building
Commission Act, approved 
21 July 5, 1955, as heretofore or hereafter amended.

22  (3) Such lease may be entered into without making a 
23 previous
appropriation for the expense thereby incurred; 
 
 
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1 provided, however, that if
the board undertakes to pay all 
2 or any part of the costs of operating and
maintaining the 
3 property of a public building commission as authorized in

4 subparagraph (4) of this Section, such expenses of 
5 operation and
maintenance shall be included in the annual 
6 budget of such board annually
during the term of such 
7 undertaking.

8  (4) In addition, the board may undertake, either in the 
9 lease with a
public building commission or by separate 
10 agreement or contract with a
public building commission, to 
11 pay all or any part of the costs of
maintaining and 
12 operating the property of a public building commission for

13 any period of time not exceeding 40 years.

14  (5) To enter into agreements, including lease and lease 
15 purchase
agreements having a term not longer than 40 years 
16 from the date on which
such agreements are entered into, 
17 with private sector individuals,
partnerships, or 
18 corporations for the construction of school buildings,

19 school administrative offices, site development, and 
20 school support
facilities. The board shall maintain 
21 exclusive possession of all schools,
school administrative 
22 offices, and school facilities which it is occupying
or 
23 acquiring pursuant to any such lease or lease purchase 
24 agreement, and in
addition shall have and exercise complete 
25 control over the education
program conducted at such 
26 schools, offices and facilities. The board's
contribution 
 
 
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1 under any such agreement shall be limited to the use of the

2 real estate and existing improvements on a rental basis 
3 which shall be
exempt from any form of leasehold tax or 
4 assessment, but the interests of
the board may be 
5 subordinated to the interests of a mortgage holder or

6 holders acquired as security for additional improvements 
7 made on the property.

8  (6) To make payments on a lease or lease purchase 
9 agreement entered into
pursuant to subparagraph (5) of this 
10 Section with an individual,
partnership, or a corporation 
11 for school buildings, school administrative
offices, and 
12 school support facilities constructed by such individual,

13 partnership, or corporation.

14  (7) To purchase the interests of an individual, 
15 partnership, or
corporation pursuant to any lease or lease 
16 purchase agreement entered into
by the board pursuant to 
17 subparagraph (5) of this Section, and to assume or
retire 
18 any outstanding debt or obligation relating to such lease 
19 or lease
purchase agreement for any school building, school 
20 administrative office,
or school support facility.

21  (8) Subject to the provisions of subparagraph (9) of 
22 this Section,
to enter into agreements, including lease and 
23 lease purchase
agreements, having a term not longer than 40 
24 years from the date on which
such agreements are entered 
25 into for the provision of school buildings and
related 
26 property and facilities for an agricultural science 
 
 
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1 school.
The enrollment in such school shall be limited to 
2 720 students, and no less than 50% of the total number of 
3 enrollment positions in each incoming class must be 
4 reserved for students who live within proximity to the 
5 school. "Proximity to the school" means all areas within 
6 the existing city limits of Chicago located south of 87th 
7 Street (8700 South) and west of Wood Street (1800 West). In 
8 addition to the other authorizations in this paragraph (8), 
9 a maximum of 80 additional students may be enrolled in the 
10 agricultural science school's significantly modified 
11 curriculum for diverse learners, commonly known as the 
12 special education cluster program. Under
such agreements 
13 the board shall have exclusive possession of all such

14 school buildings and related property and facilities which 
15 it is occupying
or acquiring pursuant to any such 
16 agreements, and in addition shall have
and exercise 
17 complete control over the educational program conducted at

18 such school. Under such agreements the board also may lease 
19 to another
party to such agreement real estate and existing 
20 improvements which are
appropriate and available for use as 
21 part of the necessary school buildings
and related property 
22 and facilities for an agricultural science school.
Any 
23 interest created by such a lease shall be exempt from any 
24 form of
leasehold tax or assessment, and the interests of 
25 the board as owner or
lessor of property covered by such a 
26 lease may be subordinated to the
interests of a mortgage 
 
 
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1 holder or holders acquired as security for
additional 
2 improvements made on the property. In addition, but subject 
3 to
the provisions of subparagraph (9) of this Section, the 
4 board is
authorized: (i) to pay for the use of school 
5 buildings and related
property and facilities for an 
6 agricultural science school as provided for
in an agreement 
7 entered into pursuant to this subparagraph (8) and to enter

8 into any such agreement without making a previous 
9 appropriation for the
expense thereby incurred; and (ii) to 
10 enter into agreements to purchase any
ownership interests 
11 in any school buildings and related property and
facilities 
12 subject to any agreement entered into by the board pursuant 
13 to
this subparagraph (8) and to assume or retire any 
14 outstanding debt or
obligation relating to such school 
15 buildings and related property and
facilities.

16  (9) Notwithstanding the provisions of subparagraph (8) 
17 of this Section
or any other law, the board shall not at 
18 any time on or after the effective
date of this amendatory 
19 Act of 1991 enter into any new lease or lease
purchase 
20 agreement, or amend or modify any existing lease, lease 
21 purchase
or other agreement entered into pursuant to 
22 subparagraph
(8), covering all or any part of the property 
23 or facilities, consisting of
78.85 acres more or less, 
24 heretofore purchased or otherwise acquired by the
board for 
25 an agricultural science school; nor shall the board enter 
26 into any
agreement on or after the effective date of this 
 
 
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1 amendatory Act of 1991 to
sell, lease, transfer or 
2 otherwise convey all or any part of the property so

3 purchased or acquired, nor any of the school buildings or 
4 related facilities
thereon, but the same shall be held, 
5 used, occupied and maintained by the board
solely for the 
6 purpose of conducting and operating
an agricultural 
7 science school. The board shall not, on or after the

8 effective date of this amendatory Act of 1991, enter into 
9 any contracts or
agreements for the construction, 
10 alteration or modification of any new or
existing school 
11 buildings or related facilities or structural improvements

12 on any part of the 78.85 acres purchased or otherwise 
13 acquired by the board
for agricultural science school 
14 purposes,
excepting only those contracts or agreements 
15 that are entered into by the
board for the construction, 
16 alteration or modification of such school
buildings, 
17 related facilities or structural improvements that on the

18 effective date of this amendatory Act of 1991 are either 
19 located upon,
under construction upon or scheduled under 
20 existing plans and specifications
to be constructed upon a 
21 parcel of land, consisting of 17.45 acres more or
less and 
22 measuring approximately 880 feet along its northerly and 
23 southerly
boundaries and 864 feet along its easterly and 
24 westerly boundaries, located
in the northeast part of the 
25 78.85 acres. Nothing in this subparagraph (9)
shall be 
26 deemed or construed to alter, modify, impair or otherwise 
 
 
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1 affect
the terms and provisions of, nor the rights and 
2 obligations of the parties
under any agreement or contract 
3 made and entered into by the board prior to
the effective 
4 date of this amendatory Act (i) for the acquisition, lease 
5 or
lease purchase of, or for the construction, alteration 
6 or modification of
any school buildings, related 
7 facilities or structural improvements upon
all or any part 
8 of the 78.85 acres purchased or acquired by the board for

9 agricultural science school purposes, or (ii) for the lease 
10 by the board of
an irregularly shaped parcel, consisting of 
11 23.19 acres more or less, of
that 78.85 acres for park 
12 board purposes.

13(Source: P.A. 97-648, eff. 12-30-11.)