Bill Text: IL SB2144 | 2011-2012 | 97th General Assembly | Introduced

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Bill Title: Amends the School Construction Law. Provides that "school district" includes a public university laboratory school. Provides that the grant index for a university lab school shall be 100%. Provides that a university lab school that makes application for school construction funds shall be placed on the respective application cycle list, university lab schools must be placed following any Type 40 area vocational centers on the priority listing of eligible entities for the applicable fiscal year, and the grant amount for a university lab school shall be 100% of the recognized project cost, as determined by the Capital Development Board.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2013-01-08 - Session Sine Die [SB2144 Detail]

Download: Illinois-2011-SB2144-Introduced.html

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97TH GENERAL ASSEMBLY State of Illinois 2011 and 2012 SB2144 Introduced 2/10/2011, by Sen. Michael W. Frerichs SYNOPSIS AS INTRODUCED:
105 ILCS 230/5-5
105 ILCS 230/5-25
105 ILCS 230/5-35
Amends the School Construction Law. Provides that "school district" includes a public university laboratory school. Provides that the grant index for a university lab school shall be 100%. Provides that a university lab school that makes application for school construction funds shall be placed on the respective application cycle list, university lab schools must be placed following any Type 40 area vocational centers on the priority listing of eligible entities for the applicable fiscal year, and the grant amount for a university lab school shall be 100% of the recognized project cost, as determined by the Capital Development Board.
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FISCAL NOTE ACT MAY APPLY
A BILL FOR
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AN ACT concerning education.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The School Construction Law is amended by
changing Sections 5-5, 5-25, and 5-35 as follows:
(105 ILCS 230/5-5)
Sec. 5-5. Definitions. As used in this Article:
"Approved school construction bonds" mean bonds that were
approved by referendum after January 1, 1996 but prior to
January 1, 1998 as provided in Sections 19-2 through 19-7 of
the School Code to provide funds for the acquisition,
development, construction, reconstruction, rehabilitation,
improvement, architectural planning, and installation of
capital facilities consisting of buildings, structures,
durable-equipment, and land for educational purposes.
"Grant index" means a figure for each school district equal
to one minus the ratio of the district's equalized assessed
valuation per pupil in average daily attendance to the
equalized assessed valuation per pupil in average daily
attendance of the district located at the 90th percentile for
all districts of the same category. For the purpose of
calculating the grant index, school districts are grouped into
2 categories, Category I and Category II. Category I consists

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of elementary and unit school districts. The equalized assessed
valuation per pupil in average daily attendance of each school
district in Category I shall be computed using its grades
kindergarten through 8 average daily attendance figure. A unit
school district's Category I grant index shall be used for
projects or portions of projects constructed for elementary
school pupils. Category II consists of high school and unit
school districts. The equalized assessed valuation per pupil in
average daily attendance of each school district in Category II
shall be computed using its grades 9 through 12 average daily
attendance figure. A unit school district's Category II grant
index shall be used for projects or portions of projects
constructed for high school pupils. The changes made by this
amendatory Act of the 92nd General Assembly apply to all grants
made on or after the effective date of this amendatory Act,
provided that for grants not yet made on the effective date of
this amendatory Act but made in fiscal year 2001 and for grants
made in fiscal year 2002, the grant index for a school district
shall be the greater of (i) the grant index as calculated under
this Law on or after the effective date of this amendatory Act
or (ii) the grant index as calculated under this Law before the
effective date of this amendatory Act. The grant index shall be
no less than 0.35 and no greater than 0.75 for each district;
provided that the grant index for districts whose equalized
assessed valuation per pupil in average daily attendance is at
the 99th percentile and above for all districts of the same

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type shall be 0.00.
The grant index shall be calculated for each of those
school districts forming a reorganized school district or
cooperative high school if one or more of the following happen
within the current or prior 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 entire other school districts in
accordance with Article 7 of the School Code; or
(3) a cooperative high school is formed in accordance
with Section 10-22.22c of the School Code.
The average grant index of those school districts shall be used
as the grant index for the newly reorganized district or
cooperative high school.
The grant index for a university lab school shall be 100%.
"School construction project" means the acquisition,
development, construction, reconstruction, rehabilitation,
improvement, architectural planning, and installation of
capital facilities consisting of buildings, structures,
durable equipment, and land for educational purposes.
"School district" means a school district or a Type 40 area
vocational center that is jointly owned if the joint agreement
includes language that specifies how the debt obligation is to
be paid, including in the event that an entity withdraws from
the joint agreement.

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"School district" includes a cooperative high school,
which shall be considered a high school district for the
purpose of calculating its grant index. "School district" also
includes a university lab school, which shall have a grant
index of 100%.
"School maintenance project" means a project, other than a
school construction project, intended to provide for the
maintenance or upkeep of buildings or structures for
educational purposes, but does not include ongoing operational
costs.
"University lab school" means a "laboratory school" as that
term is defined in subsection (K) of Section 18-8.05 of the
School Code.
(Source: P.A. 96-731, eff. 8-25-09; 96-1381, eff. 1-1-11.)
(105 ILCS 230/5-25)
Sec. 5-25. Eligibility and project standards.
(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
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

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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.
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.
A university lab school that makes application for school
construction funds after the effective date of this amendatory
Act of the 97th General Assembly shall be placed on the
respective application cycle list. University lab schools must
be placed following any Type 40 area vocational centers on the
priority listing of eligible entities for the applicable fiscal
year. If there are no Type 40 area vocational centers on the
priority listing of eligible entities for the applicable fiscal
year, then the university lab schools 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.
(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
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.
(d) A reorganized school district or cooperative high

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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 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.
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

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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.)
(105 ILCS 230/5-35)
Sec. 5-35. School construction project grant amounts;
permitted use; prohibited use.
(a) The product of the district's grant index and the
recognized project cost, as determined by the Capital
Development Board, for an approved school construction project
shall equal the amount of the grant the Capital Development
Board shall provide to the eligible district. The grant index
shall not be used in cases where the General Assembly and the
Governor approve appropriations designated for specifically
identified school district construction projects.
The average of the grant indexes of the member districts in
a joint agreement shall be used to calculate the amount of a
school construction project grant awarded to an eligible Type
40 area vocational center.
The grant amount for a university lab school shall be equal
to 100% of the recognized project cost, as determined by the
Capital Development Board.

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(b) In each fiscal year in which school construction
project grants are awarded, 20% of the total amount awarded
statewide shall be awarded to a school district with a
population exceeding 500,000, provided such district complies
with the provisions of this Article.
In addition to the uses otherwise authorized by this Law,
any school district with a population exceeding 500,000 is
authorized to use any or all of the school construction project
grants (i) to pay debt service, as defined in the Local
Government Debt Reform Act, on bonds, as defined in the Local
Government Debt Reform Act, issued to finance one or more
school construction projects and (ii) to the extent that any
such bond is a lease or other installment or financing contract
between the school district and a public building commission
that has issued bonds to finance one or more qualifying school
construction projects, to make lease payments under the lease.
(b-5) In addition to the uses otherwise authorized by this
Law, any school district that (1) was organized prior to 1860
and (2) is located in part in a city originally incorporated
prior to 1840 is authorized to use any or all of the school
construction project grants (i) to pay debt service on bonds,
as those terms are defined in the Local Government Debt Reform
Act, that are issued to finance one or more school construction
projects and (ii) to the extent that any such bond is a lease
or other installment or financing contract between the school
district and a public building commission that has issued bonds

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to finance one or more qualifying school construction projects,
to make lease payments under the lease.
(c) No portion of a school construction project grant
awarded by the Capital Development Board shall be used by a
school district for any on-going operational costs.
(Source: P.A. 96-731, eff. 8-25-09; 96-1467, eff. 8-20-10.)