Bill Text: IL SB2143 | 2011-2012 | 97th General Assembly | Engrossed

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Amends the School Construction Law. Provides that a reorganized school district or cooperative high school may use a school construction grant 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 if specified conditions are met within the current or prior 4 (instead of 2) fiscal years. Effective immediately.

Spectrum: Bipartisan Bill

Status: (Passed) 2011-07-28 - Public Act . . . . . . . . . 97-0232 [SB2143 Detail]

Download: Illinois-2011-SB2143-Engrossed.html



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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 Construction Law is amended by
5changing Section 5-25 as follows:
6 (105 ILCS 230/5-25)
7 Sec. 5-25. Eligibility and project standards.
8 (a) The State Board of Education shall establish
9eligibility standards for school construction project grants
10and debt service grants. These standards shall include minimum
11enrollment requirements for eligibility for school
12construction project grants of 200 students for elementary
13districts, 200 students for high school districts, and 400
14students for unit districts. The total enrollment of member
15districts forming a cooperative high school in accordance with
16subsection (c) of Section 10-22.22 of the School Code shall
17meet the minimum enrollment requirements specified in this
18subsection (a). The State Board of Education shall approve a
19district's eligibility for a school construction project grant
20or a debt service grant pursuant to the established standards.
21 For purposes only of determining a Type 40 area vocational
22center's eligibility for an entity included in a school
23construction project grant or a school maintenance project

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1grant, an area vocational center shall be deemed eligible if
2one or more of its member school districts satisfy the grant
3index criteria set forth in this Law. A Type 40 area vocational
4center that makes application for school construction funds
5after August 25, 2009 (the effective date of Public Act 96-731)
6shall be placed on the respective application cycle list. Type
740 area vocational centers must be placed last on the priority
8listing of eligible entities for the applicable fiscal year.
9 (b) The Capital Development Board shall establish project
10standards for all school construction project grants provided
11pursuant to this Article. These standards shall include space
12and capacity standards as well as the determination of
13recognized project costs that shall be eligible for State
14financial assistance and enrichment costs that shall not be
15eligible for State financial assistance.
16 (c) The State Board of Education and the Capital
17Development Board shall not establish standards that
18disapprove or otherwise establish limitations that restrict
19the eligibility of (i) a school district with a population
20exceeding 500,000 for a school construction project grant based
21on the fact that any or all of the school construction project
22grant will be used to pay debt service or to make lease
23payments, as authorized by subsection (b) of Section 5-35 of
24this Law, (ii) a school district located in whole or in part in
25a county that imposes a tax for school facility purposes
26pursuant to Section 5-1006.7 of the Counties Code, or (iii) a

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1school district that (1) was organized prior to 1860 and (2) is
2located in part in a city originally incorporated prior to
31840, based on the fact that all or a part of the school
4construction project is owned by a public building commission
5and leased to the school district or the fact that any or all
6of the school construction project grant will be used to pay
7debt service or to make lease payments.
8 (d) A reorganized school district or cooperative high
9school may use a school construction application that was
10submitted by a school district that formed the reorganized
11school district or cooperative high school if that application
12has not been entitled for a project by the State Board of
13Education and any one or more of the following happen within
14the current or prior 4 2 fiscal years:
15 (1) a new school district is created in accordance with
16 Article 11E of the School Code;
17 (2) an existing school district annexes all of the
18 territory of one or more other school districts in
19 accordance with Article 7 of the School Code; or
20 (3) a cooperative high school is formed in accordance
21 with subsection (c) of Section 10-22.22 of the School Code.
22A new elementary district formed from a school district
23conversion, as defined in Section 11E-15 of the School Code,
24may use only the application of the dissolved district whose
25territory is now included in the new elementary district and
26must obtain the written approval of the local school board of

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1any other school district that includes territory from that
2dissolved district. A new high school district formed from a
3school district conversion, as defined in Section 11E-15 of the
4School Code, may use only the application of any dissolved
5district whose territory is now included in the new high school
6district, but only after obtaining the written approval of the
7local school board of any other school district that includes
8territory from that dissolved district. A cooperative high
9school using this Section must obtain the written approval of
10the local school board of the member school district whose
11application it is using. All other eligibility and project
12standards apply to this Section.
13(Source: P.A. 96-37, eff. 7-13-09; 96-731, eff. 8-25-09;
1496-1000, eff. 7-2-10; 96-1381, eff. 1-1-11; 96-1467, eff.
158-20-10; revised 9-16-10.)
16 Section 99. Effective date. This Act takes effect upon
17becoming law.
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