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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 Code is amended by changing Section
5		10-22.36 as follows:
6		(105 ILCS 5/10-22.36) (from Ch. 122, par. 10-22.36)
7		Sec. 10-22.36. Buildings for school purposes.
8		(a) To build or purchase a building for school classroom
9		or instructional purposes upon the approval of a majority of
10		the voters upon the proposition at a referendum held for such
11		purpose or in accordance with Section 17-2.11, 19-3.5, or
12		19-3.10. The board may initiate such referendum by resolution.
13		The board shall certify the resolution and proposition to the
14		proper election authority for submission in accordance with
15		the general election law.
16		The questions of building one or more new buildings for
17		school purposes or office facilities, and issuing bonds for
18		the purpose of borrowing money to purchase one or more
19		buildings or sites for such buildings or office sites, to
20		build one or more new buildings for school purposes or office
21		facilities or to make additions and improvements to existing
22		school buildings, may be combined into one or more
23		propositions on the ballot.

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1		Before erecting, or purchasing or remodeling such a
2		building the board shall submit the plans and specifications
3		respecting heating, ventilating, lighting, seating, water
4		supply, toilets and safety against fire to the regional
5		superintendent of schools having supervision and control over
6		the district, for approval in accordance with Section 2-3.12.
7		Notwithstanding any of the foregoing, no referendum shall
8		be required if the purchase, construction, or building of any
9		such building (1) occurs while the building is being leased by
10		the school district or (2) is paid with (A) funds derived from
11		the sale or disposition of other buildings, land, or
12		structures of the school district or (B) funds received (i) as
13		a grant under the School Construction Law or (ii) as gifts or
14		donations, provided that no funds to purchase, construct, or
15		build such building, other than lease payments, are derived
16		from the district's bonded indebtedness or the tax levy of the
17		district.
18		Notwithstanding any of the foregoing, no referendum shall
19		be required if the purchase, construction, or building of any
20		such building is paid with funds received from the County
21		School Facility and Resources Occupation Tax Law under Section
22		5-1006.7 of the Counties Code or from the proceeds of bonds or
23		other debt obligations secured by revenues obtained from that
24		Law.
25		Notwithstanding any of the foregoing, for Decatur School
26		District Number 61, no referendum shall be required if at

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1		least 50% of the cost of the purchase, construction, or
2		building of any such building is paid, or will be paid, with
3		funds received or expected to be received as part of, or
4		otherwise derived from, any COVID-19 pandemic relief program
5		or funding source, including, but not limited to, Elementary
6		and Secondary School Emergency Relief Fund grant proceeds.
7		(b) Notwithstanding the provisions of subsection (a), for
8		any school district: (i) that is a tier 1 school, (ii) that has
9		a population of less than 50,000 inhabitants, (iii) whose
10		student population is between 5,800 and 6,300, (iv) in which
11		57% to 62% of students are low-income, and (v) whose average
12		district spending is between $10,000 to $12,000 per pupil,
13		until July 1, 2025, no referendum shall be required if at least
14		50% of the cost of the purchase, construction, or building of
15		any such building is paid, or will be paid, with funds received
16		or expected to be received as part of, or otherwise derived
17		from, the federal Consolidated Appropriations Act and the
18		federal American Rescue Plan Act of 2021.
19		For this subsection (b), the school board must hold at
20		least 2 public hearings, the sole purpose of which shall be to
21		discuss the decision to construct a school building and to
22		receive input from the community. The notice of each public
23		hearing that sets forth the time, date, place, and name or
24		description of the school building that the school board is
25		considering constructing must be provided at least 10 days
26		prior to the hearing by publication on the school board's

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1		Internet website.
2		(c) Notwithstanding the provisions of subsections
3		subsection (a) and (b), for Cahokia Community Unit School
4		District 187, no referendum shall be required for the lease of
5		any building for school or educational purposes if the cost is
6		paid or will be paid with funds available at the time of the
7		lease in the district's existing fund balances to fund the
8		lease of a building during the 2023-2024 or 2024-2025 school
9		year.
10		For the purposes of this subsection (c), the school board
11		must hold at least 2 public hearings, the sole purpose of which
12		shall be to discuss the decision to lease a school building and
13		to receive input from the community. The notice of each public
14		hearing that sets forth the time, date, place, and name or
15		description of the school building that the school board is
16		considering leasing must be provided at least 10 days prior to
17		the hearing by publication on the school district's website.
18		(d) (c) Notwithstanding the provisions of subsections
19		subsection (a) and (b), for Bloomington School District 87, no
20		referendum shall be required for the purchase, construction,
21		or building of any building for school or education purposes
22		if such cost is paid, or will be paid with funds available at
23		the time of contract, purchase, construction, or building in
24		Bloomington School District Number 87's existing fund balances
25		to fund the procurement or requisition of a building or site
26		during the 2022-2023, 2023-2024, or 2024-2025 school year

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1		years.
2		For this subsection (d) (c), the school board must hold at
3		least 2 public hearings, the sole purpose of which shall be to
4		discuss the decision to construct a school building and to
5		receive input from the community. The notice of each public
6		hearing that sets forth the time, date, place, and name or
7		description of the school building that the school board is
8		considering constructing must be provided at least 10 days
9		prior to the hearing by publication on the school board's
10		website.
11		(e) Notwithstanding the provisions of subsection (a), for
12		any school district: (i) that is designated as a Tier 1 or Tier
13		2 school district under Section 18-8.15, (ii) with at least
14		one school that is located on federal property, (iii) whose
15		overall student population is no more than 4,500 students and
16		no less than 2,500 students, and (iv) that receives a federal
17		Public Schools on Military Installations grant until June 30,
18		2030, no referendum shall be required if at least 75% of the
19		cost of construction or building of any such building is paid
20		or will be paid with funds received or expected to be received
21		from the Public Schools on Military Installations grant.
22		For this subsection (e), the school board must hold at
23		least 2 public hearings, the sole purpose of which shall be to
24		discuss the decision to construct a school building and to
25		receive input from those community members in attendance. The
26		notice of each public hearing that sets forth the time, date,

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1		place, and description of the school construction project must
2		be provided at least 10 days prior to the hearing by
3		publication on the school district's website.
4		(Source: P.A. 102-16, eff. 6-17-21; 102-699, eff. 7-1-22;
5		103-8, eff. 6-7-23; 103-509, eff. 8-4-23; revised 8-31-23.)