Illinois 2023 2023-2024 Regular Session

Illinois Senate Bill SB3237 Engrossed / Bill

Filed 04/09/2024

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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 Construction Law is amended by
5  changing Sections 5-5 and 5-15 as follows:
6  (105 ILCS 230/5-5)
7  Sec. 5-5. Definitions. As used in this Article:
8  "Conditional grant award" means the formal notification by
9  the Capital Development Board to a school district of its
10  conditional intent to award a grant to a school district to pay
11  a portion of the recognized project cost for a school
12  construction project. The grant award is conditioned upon
13  receiving proof from the school district that it has funds
14  available to cover the cost of the required local match.
15  "Grant award amount" means an amount equal to the
16  recognized project cost determined by the Capital Development
17  Board for a school construction project multiplied by the
18  grant award percentage and then adjusted as may be required
19  pursuant to subsection (d) of Section 5-15.
20  "Grant award percentage" means a percentage equal to one
21  minus the required local match percentage.
22  "Grant index" means a figure for each school district
23  equal to one minus the ratio of the district's equalized

 

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1  assessed valuation per pupil in average daily attendance to
2  the equalized assessed valuation per pupil in average daily
3  attendance of the district located at the 90th percentile for
4  all districts of the same category. This definition applies
5  only to completed or partially completed, as determined by the
6  Capital Development Board, school construction projects for
7  which a grant application was filed for the 2004, 2005, or 2006
8  application cycle by a school district included on the State
9  Board of Education's 2004, 2005, or 2006 School Construction
10  Project Application Cycle listing and only for the purpose of
11  determining the amount of any adjustment pursuant to
12  subsection (d) of Section 5-15 to a grant award amount for a
13  project funded during the first application cycle opened after
14  June 30, 2022. For the purpose of calculating the grant index,
15  school districts are grouped into 2 categories, Category I and
16  Category II. Category I consists of elementary and unit school
17  districts. The equalized assessed valuation per pupil in
18  average daily attendance of each school district in Category I
19  shall be computed using its grades kindergarten through 8
20  average daily attendance figure. A unit school district's
21  Category I grant index shall be used for projects or portions
22  of projects constructed for elementary school pupils. Category
23  II consists of high school and unit school districts. The
24  equalized assessed valuation per pupil in average daily
25  attendance of each school district in Category II shall be
26  computed using its grades 9 through 12 average daily

 

 

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1  attendance figure. A unit school district's Category II grant
2  index shall be used for projects or portions of projects
3  constructed for high school pupils. The changes made by this
4  amendatory Act of the 92nd General Assembly apply to all
5  grants made on or after the effective date of this amendatory
6  Act, provided that for grants not yet made on the effective
7  date of this amendatory Act but made in fiscal year 2001 and
8  for grants made in fiscal year 2002, the grant index for a
9  school district shall be the greater of (i) the grant index as
10  calculated under this Law on or after the effective date of
11  this amendatory Act or (ii) the grant index as calculated
12  under this Law before the effective date of this amendatory
13  Act. The grant index shall be no less than 0.35 and no greater
14  than 0.75 for each district; provided that the grant index for
15  districts whose equalized assessed valuation per pupil in
16  average daily attendance is at the 99th percentile and above
17  for all districts of the same type shall be 0.00.
18  The grant index shall be calculated for each of those
19  school districts forming a reorganized school district or
20  cooperative high school if one or more of the following happen
21  within the current or prior 2 fiscal years:
22  (1) a new school district is created in accordance
23  with Article 11E of the School Code;
24  (2) an existing school district annexes all of the
25  territory of one or more entire other school districts in
26  accordance with Article 7 of the School Code; or

 

 

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1  (3) a cooperative high school is formed in accordance
2  with Section 10-22.22c of the School Code.
3  The average grant index of those school districts shall be
4  used as the grant index for the newly reorganized district or
5  cooperative high school.
6  "Recognized project cost" means the total project cost for
7  a school construction project determined by the Capital
8  Development Board to be taken into account in calculating the
9  grant award amount and the required local match for a school
10  construction project.
11  "Required local match" means an amount equal to the
12  product of the recognized project cost determined by the
13  Capital Development Board multiplied by a school district's
14  required local match percentage, and then adjusted as may be
15  required pursuant to Section 5-15.
16  "Required local match percentage" means a percentage equal
17  to a school district's Local Capacity Percentage, as defined
18  in Section 18-8.15 of the School Code, and as calculated by the
19  State Superintendent of Education in the fiscal year in which
20  the school district applies for a grant to be awarded pursuant
21  to this Article, provided that the required local match
22  percentage shall be no less than 10% and no greater than 90%
23  for any district. With respect to a Type 40 area vocational
24  center cooperative, a special education cooperative, or a
25  cooperative high school, the required local match percentage
26  is calculated by first multiplying each cooperative member

 

 

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1  district's average student enrollment utilized to calculate
2  its latest Evidence-Based Funding, as defined in Section
3  18-8.15 of the School Code, by the respective district's
4  latest Local Capacity Percentage, as defined in Section
5  18-8.15 of the School Code, to obtain a weighted average
6  student enrollment. Then, the required local match percentage
7  is calculated by taking the sum of all the member districts'
8  weighted average student enrollment and dividing that sum by
9  the sum of all the member districts' average student
10  enrollment utilized to calculate the latest Evidence-Based
11  Funding.
12  "School construction project" means the acquisition,
13  development, construction, reconstruction, rehabilitation,
14  improvement, architectural planning, and installation of
15  capital facilities consisting of buildings, structures,
16  durable equipment, and land for educational purposes.
17  "School district" means a school district or a Type 40
18  area vocational center or special education cooperative that
19  is jointly owned, if the joint agreement includes language
20  that specifies how the debt obligation is to be paid,
21  including in the event that an entity withdraws from the joint
22  agreement.
23  "School district" includes a cooperative high school, if
24  the cooperative agreement includes language that specifies how
25  the debt obligation is to be paid, including if an entity
26  withdraws from the cooperative agreement or the cooperative

 

 

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1  agreement is terminated.
2  "School maintenance project" means a project, other than a
3  school construction project, intended to provide for the
4  maintenance or upkeep of buildings or structures for
5  educational purposes, but does not include ongoing operational
6  costs.
7  (Source: P.A. 102-723, eff. 5-6-22.)
8  (105 ILCS 230/5-15)
9  Sec. 5-15. Grant award amounts and required local match.
10  (a) After June 30, 2022, any time there is an
11  appropriation of funds by the General Assembly from the School
12  Infrastructure Fund or School Construction Fund and a release
13  of the appropriated funds to the Capital Development Board for
14  expenditure on grant awards pursuant to the provisions of this
15  Article, the State Board of Education is authorized to open an
16  application cycle to receive grant applications from school
17  districts for school construction projects. No grant
18  application filed before the start of the first application
19  cycle after June 30, 2022 may be considered. After the close of
20  each application cycle, the State Board of Education shall
21  determine the approval of applications, the required local
22  match percentage for each approved application, and the
23  priority order for school construction project grants to be
24  made by the Capital Development Board and shall then notify
25  all applicants regarding their eligibility for a grant. Such

 

 

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1  notification shall include an estimate of the required local
2  match. The State Board of Education shall publish a list of
3  applicants eligible for grants and forward it to the Capital
4  Development Board.
5  (b) The Capital Development Board, to the extent that
6  appropriated funds have been released and proceeding through
7  the list of eligible applicants in the order of priority
8  determined by the State Board of Education, shall issue
9  conditional grant awards to eligible school districts. An
10  applicant that does not receive a conditional grant award
11  notification must submit a new application during another
12  application cycle in order to receive future consideration for
13  a grant award.
14  (c) The conditional grant award certifies to a school
15  district the recognized project costs for its school
16  construction project determined by the Capital Development
17  Board, the applicable required local match percentage and
18  grant award percentage, the required local match and grant
19  award amount calculated by multiplying the required local
20  match percentage and the grant award percentage by the
21  recognized project cost, and the required local match and
22  grant award amount as those amounts may be adjusted as
23  required in subsection (d).
24  (d) The required local match and grant award amount are
25  calculated by multiplying the required local match percentage
26  and the grant award percentage by the recognized project cost,

 

 

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1  provided that, for the first application in which an applicant
2  is funded only during the first application cycle after June
3  30, 2022, these amounts may be adjusted if the applicant had
4  previously expended funds on a school construction project on
5  the 2004, 2005, or 2006 School Construction Grant List. In
6  that case, the required local match shall be reduced (but not
7  below zero) and the grant award amount shall be increased (to
8  an amount no greater than the recognized project cost) by an
9  amount determined by the Capital Development Board to be equal
10  to the amount of the grant the applicant would have received
11  pursuant to Section 5-35 had it been awarded a grant in 2004,
12  2005, or 2006 based on the 2004, 2005, or 2006 School
13  Construction Grant List and the year in which the school
14  district applied for the grant. To receive an adjustment under
15  this subsection (d), a school district on the 2004, 2005, or
16  2006 School Construction Grant List must initially apply and
17  be approved during the first 3 application cycles after June
18  30, 2024.
19  (e) A school district shall have 2 years from the date the
20  school district was issued a conditional grant award from the
21  Capital Development Board to obtain the school district's
22  required local match and receive a final grant award from the
23  Capital Development Board. If the required local match is not
24  obtained within the 2-year time frame, the school district
25  shall be required to reapply in another application cycle,
26  after the 2-year time frame, to be considered for a grant

 

 

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1  award. The State share of the grant amount in a conditional
2  grant award that is not claimed by a school district within the
3  2-year time frame shall be reallocated to future application
4  cycles after the 2-year time frame expires.
5  (Source: P.A. 102-723, eff. 5-6-22; 103-154, eff. 6-30-23.)

 

 

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