Section 40.100  Definitions

 

The following definitions shall apply to this Part:

 

"Enrichment Cost" means expenditures not included in the recognized project cost and designated as ineligible expenditures by the Capital Development Board.

 

"Eligible Expenditures" means those elements of the proposed project that are included in the recognized project cost.

 

"Local Share" means funds provided by the local district equal to the recognized project cost subtracting the State share.

 

"Recognized Project Cost" means the total of eligible costs that are funded with State and local  funds to provide 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 as determined by the Capital Development Board.

 

"State Share" means the product of the district grant index and the recognized project cost, as determined by the Capital Development Board.

 

"Unit Cost" means a dollar/sq.ft. cost used for determining the recognized project cost for new construction projects and additions.  Costs include Architect/Engineer (A/E) design fees, building construction to the five feet line, fixed equipment, and contingency.

 

(Source:  Amended at 25 Ill. Reg. 14364, effective October 24, 2001)

 

Section 40.110  General

 

a)         The Capital Development Board (hereinafter "Board") will implement the School Construction Law through its School Construction Program (hereinafter "SCP").

 

b)         The objective of school grants is to fund classrooms and costs necessary for the support of classrooms.  Items not fundable with grant funds may be funded with the school district's funds.

 

c)         The Board will make no grant awards prior to compliance by the school district with the Illinois State Board of Education (ISBE) regulations for grant entitlement [105 ILCS 230/5-5].

 

d)         The ISBE will forward the application to the Board to determine if the program statement has been provided and has adequate information to schedule a survey by the Board.

 

e)         Proof of local share will be required by the Board prior to a grant award. A school district failing to have access to the local share of funds within the time period set forth in Section 40.130(c)(8)(H) of this Part shall be reprioritized and must update its application to establish its priority ranking for the following fiscal year.

 

f)         If the school district begins the project in some manner (such as letting bids, awarding contracts, or starting actual construction) after entitlement is issued by the ISBE, such actions shall have no effect on the eligibility for a construction grant.

 

g)         Grant awards will be issued in accordance with ISBE's priority ranking.

 

h)         School districts shall enter into intergovernmental agreements with the Board that may include, but are not limited to, provisions for the following:

 

1)         That funding of the State share in progress payments to school districts for project costs will be made upon submittal of required documentation by the school district.

 

2)         That the school district agrees to comply with all applicable statutes, codes, and rules.

 

3)         That establishment and maintenance of a separate set of accounts is required for the construction, study, and planning of the project in accordance with generally accepted accounting principles  (FASB Accounting Standards, Financial Accounting Standards Board, High Ridge Park, Stanford, Connecticut 06905 (1998)).

 

4)         That access to the work, materials, payrolls, and other data and records relevant to the project for purposes of audit and inspection by the Board or other authorized agencies is required.

 

5)         That the architect retained by the school district shall certify on each payment submittal that the expenditures were in accordance with the provisions of the appropriation Act and the terms of the intergovernmental agreement.

 

6)         That increases in project costs added by change order shall not increase the amount of the State share.

 

7)         That if the school district requests the Board to assume administrative or oversight duties, the extent of those duties requested shall be described in the intergovernmental agreement.

 

8)         Other provisions as may be necessary, including those required to ensure a legal and binding agreement.

 

9)         Green Building

 

A)        With respect to those school construction projects for which a school district first applies for a grant on or after July 1, 2007, the school construction project must receive certification from the United States Green Building Council's Leadership in Energy and Environmental Design Green Building Rating System or the Green Building Initiative's Green Globes Green Building Rating System or must meet green building standards of the Capital Development Board and its Green Building Advisory Committee. 

 

B)        With respect to those school construction projects for which a school district first applies for a grant on or after July 1, 2009, the school construction project must receive silver certification from the United States Green Building Council's Leadership in Energy and Environmental Design Green Building Rating System.   (Section 5-40 of the School Construction Law)

 

C)        An allowance will be given to those districts seeking a green building certification or rating as outlined in the School Construction Law Project Standards.

 

(Source:  Amended at 34 Ill. Reg. 19472, effective November 30, 2010)

 

Section 40.120  Planning Assistance Grants (Repealed)

 

(Source:  Repealed at 22 Ill. Reg. 9518, effective May 21, 1998)

 

Section 40.130  Construction Grants

 

Prior to the award of a construction grant, school districts shall meet the following requirements:

 

a)         Program Statements

Program statements must be submitted as part of the school district's Application for Construction Grant Entitlement for proposed facilities and sites requiring SCP funding.  Program statements must conform to the School Construction Law Project Standards as developed by the Board and must address, but need not be limited to, the following:

 

1)         project description and rationale

 

2)         occupant capacity

 

3)         site analysis

 

4)         project design

 

5)         funding sources and cost estimates

 

6)         time schedule of major events

 

b)         Prohibited Uses

Program statements shall not include any on-going operational costs or any construction projects for which the General Assembly and the Governor have approved specifically designated funds.

 

c)         School Site Selection

 

1)         The local school district shall select the sites for all new projects.

 

2)         Suitability for Development and Construction

 

A)        The site should be free of physical structures, topographical features or subsurface physical conditions that would preclude necessary construction, present insurmountable obstacles to safety or normal utilization, shorten building life, cause excessive delays in project completion, or cause costs to exceed the funds available.  "Necessary construction" shall include but not necessarily be limited to:  buildings, utility lines, storm water disposal arrangements and paving.

 

B)        The site should not be subject to existing or foreseeable, harmful or disruptive environmental hazards and nuisances.  Such hazards and nuisances may include, but are not necessarily limited to:  excessive dust, smoke, noise, odors, air pollutants, soil pollutants, floods, ground water incursions, vibrations, explosions, and electrical discharges.  Site acquisition shall be subject to the Farmland Preservation Act [505 ILCS 75], Interagency Wetland Policy Act of 1989 [20 ILCS 830], Illinois State Agency Historic Resources Preservation Act [20 ILCS 3410], Archaeological and Paleontological Resources Protection Act [20 ILCS 3435], the Illinois Endangered Species Protection Act [520 ILCS 10], and the Environmental Protection Act [415 ILCS 58.15], as may be applicable.

 

3)         Availability of Site

The school district shall have a period of 150 days from the time of grant award to acquire title to the site, or rights of use and exclusion sufficient to carry out the purposes and programs of the school.  Extensions will be granted in those cases in which there is a reasonable expectation that the district will be able to acquire the site within the period of the extension and the delay has been occasioned by a condition beyond the control of the district, such as a delay in acquiring a title commitment.

 

4)         Site Size and Configuration

 

The proposed site should contain usable space sufficient in size and of regular configuration so as to accommodate the school's on-site program as well as to accommodate ancillary functions that are better served on-site than off-site, such as parking, bus loading and unloading, casual student assembly and play, and pedestrian movement between different points on the site.

 

5)         Utilities and Services

 

A)        Water Supply

Water must be made available at the site in sufficient volume and delivery rates and of appropriate quality to serve the firefighting needs of the proposed school as well as to accommodate other forms of water consumption.

 

B)        Sanitary Sewage Disposal

The location or character of the site must not prevent the disposal of sanitary sewage from the school.

 

C)        Storm Water Disposal

The location or character of the site must not prevent the disposal of storm water from the school.

 

D)        Electric, Power, Telephone, Gas

The site must present no obstacles to the provision of electric power, telephone services, and whatever gas service the school may require at the point in the construction process when utility hook-ups are made.

 

E)        Solid Waste Management Systems

Solid waste management services must be available to the site.

 

6)         Architect/Engineer (A/E) Selection

The selection of an architect/engineer shall be in accordance with the Local Government Professional Services Selection Act [50 ILCS 510].

 

7)         Eligible and Ineligible Expenditures:

 

A)        The Board will participate in the funding of academic facilities, including vocational/technical education facilities, for all programs approved by the ISBE, which are areas with a loading factor greater than zero as determined by the ISBE (see 23 Ill. Adm. Code 151.50(d)).

 

B)        The Board will not participate in funding administrative facilities intended for district administration.

 

C)        The Board will not fund facilities intended for commercial use by profit making organizations.  This is not meant to exclude facilities to be operated by non-profit organizations such as student groups, PTAs, etc.

 

D)        Although the Board encourages development of facilities intended for joint use by school and community, the Board's participation in the funding of facilities intended for joint use by school and community is limited to those items required to meet the needs of the school's educational and support programs.

 

E)        The Board will not participate in funding facilities designed exclusively for interscholastic activities.

 

F)         Off-site improvements are defined as any improvements outside of the property line.  Off-site improvements are not recognized as eligible project costs except under exceptional circumstances and only in those cases where the off-site improvements are necessary to the functional operation of a school facility.  The following specific policies apply to off-site improvements:

 

i)          Off-site improvements that exceed the requirements needed for the project are ineligible project costs.  For example, if a larger water main is desired by the locality than is needed for the school project itself, the Board will not participate in any cost attributable to the increased size of the main.

 

ii)         The district must provide documentation (appraisals, bills, etc.) that local and/or federal funding sources are not available to the district or any other public body for off-site improvements before the Board will consider participation in their funding.

 

iii)        The Board's participation in funding off-site improvements is only permitted if the off-site property or interest in the property, such as an easement or leasehold, is owned by a public body.

 

G)        On-site improvements may be defined as any improvements outside the building's five feet line but inside the property line of the site.  The Board's participation in funding on-site improvements is limited to those minimum requirements that are necessary to making the site functionally operational.  The Board will not fund certain types of site improvements, including but not limited to the following:

 

i)          Driver's education range

 

ii)         Storage facilities

 

iii)        Lawn sprinkling systems

 

iv)        Exterior commons area, such as paved sitting areas, benches, etc.

 

v)         Traffic signals at intersections

 

vi)        Landscaping in excess of seeding costs

 

vii)       Off-site access roads

 

H)        The following types of spaces are not included in determining the square footage used to calculate the recognized project cost:

 

i)          Gymnasium

 

ii)         Cafeteria

 

iii)        Auditorium

 

iv)        Administrative office

 

v)         Other ancillary spaces, including but not limited to:

 

Field house

Swimming pool

Indoor track

Permanent seating beyond school's student and staff population

Broadcast area

Radio/TV studios for primarily noninstructional uses

Coat room

Green room (auditorium/theater)

Teacher serving area

Meeting room

Exhibition room

District administration space

Bus storage

Bus maintenance space

Guard rooms

Toilet facilities beyond needs of school's students and staff

Before/after school programs space

Concession space

Bookstore

 

I)         Items that are not allowable as eligible associated expenses for physical education outdoor space and facilities include, but are not limited to, the following:

 

i)          Structures housing locker rooms

 

ii)         Toilets and storage facilities

 

iii)        Bleachers

 

iv)        Lighting

 

v)         Concession stands

 

vi)        Broadcast booths

 

vii)       Benches

 

viii)      Scoreboards

 

ix)        Artificial turf, and fencing except for health/life safety

 

J)         Under the following circumstances, the Board will not fund land acquisition costs:

 

i)          Land was owned by school district prior to January 1, 1996.

 

ii)         Land was purchased after January 1, 1996, but not supported by documentation.

 

iii)        Land was donated to the school district.

 

iv)        Land is already owned by the school district and will be the site of an addition to an existing facility.

 

8)         State and Local Financial Participation in School Construction Projects

 

A)        Policy Basis for Determinations

 

i)          The School Construction Law [105 ILCS 230/5-30] states the following prioritization of school district needs for awarding grants:

 

Replacement or reconstruction of school buildings destroyed or damaged by flood, tornado, fire, earthquake, or other disasters, either man-made or produced by nature;

 

Projects designed to alleviate a shortage of classrooms due to population growth or to replace aging school buildings;

 

Projects resulting from interdistrict reorganization of school districts contingent on local referenda;

 

Replacement or reconstruction of school facilities determined to be severe and continuing health or life safety hazards;

 

Alterations necessary to provide accessibility for qualified individuals with disabilities; and

 

Other unique solutions to facility needs.

 

School districts identify such needs in their applications to ISBE for grant entitlements, and such needs become the basis for entitlement to a grant.  Eligible expenditures as determined by CDB are limited to expenditures necessary to meet the project needs that are based on prioritization category of entitlement.

 

ii)         The recognized project cost is the sum total of unit costs ($/sq. ft.) and eligible associated costs.

 

The maximum square foot allowance per student is commensurate with the national average.  Maximum square footage allowances are outlined in subsection (c)(8)(C) of this Section and the School Construction Law Project Standards located on the CDB website at http://www.cdb.state.il.us and the Illinois State Board of Education's website at http://www.isbe.state.il.us.  The cost per square foot is also outlined in the Standards and is escalated annually for inflation.

 

Eligible associated costs are those determined to be necessary to provide the infrastructure for the grant project.

 

B)        Determination of Recognized Project Cost

 

i)          Recognized project cost shall be based upon calculations in accordance with the School Construction Law Project Standards (see also subsection (c)(7)) and shall include unit cost ($/sq.ft.) as follows:  buildings constructed to the five feet line, design and construction contingencies, building fixed equipment; plus additional associated costs as deemed appropriate by the Board in consultation with local school districts as follows:  site improvements including related A/E fees and reimbursements, land acquisition and associated legal fees for the project site acquired, movable equipment, and utility service lines, both on-site and off-site, and special foundation construction and related A/E fees deemed necessary as a result of unusual sub-surface soil conditions.

 

Specific Associated Cost Allowances

 

For each eligible classroom, an allowance of $1,000 will be given when an enhanced security phone call-back system is installed.

 

The following building related maximum movable equipment allowances are provided:

 

$5,600/elementary classroom

 

$6,500/middle/junior high classroom

 

$7,500/high school classroom

 

ii)         The recognized project costs initially calculated by the Board will establish the maximum acceptable cost of the eligible expenditures.  If the bid price received by the district from the various contractors for the eligible expenditures is less than the bid estimate amount included in this initial calculation, then the recognized project cost will be reduced by the amount of the difference.

 

iii)        Unit cost guidelines, established by the Board, are used to determine the recognized project cost.  Unit cost guidelines can be found in Appendix A and in the School Construction Law Project Standards located on the CDB and the State Board of Education websites (see also subsection (c)(7)).

 

C)        Project Standards for New Construction and Additions −

General

The Board shall establish detailed project standards including space and capacity standards in the School Construction Law Project Standards (see also subsection (c)(7)).  New schools with adequate space for all necessary instructional and ancillary activities require more space per students than additions to existing schools.  Different space standards are required to accommodate different grade levels, i.e., Pre-K-6, 7-9, and 9-12.  Economies of scale in terms of space per student can be anticipated for larger schools.  The following maximum square foot allowances are used in determining the recognized project costs for new construction and additions.

 

New Schools:

 

New Elementary School
Gross square footage per student	120
Gross square footage per additional
student beyond 250 students	100
New Middle/Junior High School
Gross square footage per student	140
Gross square footage per additional
student beyond 400 students	120
New High School
Gross square footage per student	160
Gross square footage per additional
student beyond 600 students	130

 

Classroom Additions:

 

For classroom additions for 250 or more students, see new school square footage.

 

For classroom additions for fewer than 250 students:

 

Elementary School
Gross square footage per student	100
Middle School
Gross square footage per student	120
High School
Gross square footage per student	130

 

D)        Renovation Projects

The recognized project cost for renovation projects is calculated by an estimation of the eligible project costs.  Eligible renovation costs are for renovations to existing facilities determined to be functionally over 100 years old (as determined by ISBE) or for renovation projects in existing facilities that provide additional classroom capacity.

 

E)        Unit Costs

Unit costs ($/sq.ft.) used for determining the recognized project cost, including A/E design fees, building construction to the five feet line, fixed equipment, and a contingency shall be established by the Board.  Unit cost guidelines can be found in Appendix A and in the School Construction Law Project Standards located on the CDB and the State Board of Education websites (see also subsection (c)(7)).  In establishing unit costs the Board shall be guided by current costs within the construction industry and the goal of receiving fair value for public funds expended.

 

F)         Limits on SCP Participation and Site Cost

Districts will not receive grant funding for acreage beyond the following maximums:

Elementary – 5 acres plus 1 acre per 100 students,

Middle/Junior High – 15 acres plus 1 acre per 100 students, and

High School – 20 acres plus 1 acre per 100 students.

 

G)        The State and local share of the recognized project cost shall be computed by multiplying the recognized project cost by the grant index as defined by the School Construction Law and determined by the ISBE.  For each grant issued after September 1, 1999, the equalized assessed valuation and average daily attendance used in calculating a district's grant index shall be taken from the district's general State aid claim filed in the fiscal year in which the grant entitlement is made.  The average daily attendance to be used shall be the district's best three months' average daily attendance.  A grant index shall lapse if a grant is not awarded within 36 months after entitlement, and a new grant index shall be issued based upon the district's most recent general State aid claim.

 

H)        School districts must have access to the local share of the recognized project cost before a grant award will be given.  Proof (referendum, resolution, etc.) of the local share will be required by the Board.

 

I)         The local share of the recognized project cost may be placed in a local trust account pursuant to 71 Ill. Adm. Code 30.

 

J)         School districts may add to a project cost beyond the recognized project cost with local funds.  Funds for such project supplements may be deposited in local trust accounts.

 

K)        All enrichment project costs that are not included in the recognized project cost and designated as ineligible expenditures by the Board will be paid by the school district.

 

(Source:  Amended at 34 Ill. Reg. 19472, effective November 30, 2010)

 

Section 40.140  Debt Service Grants (Repealed)

 

(Source:  Repealed at 22 Ill. Reg. 9518, effective May 21, 1998)

 

Section 40.APPENDIX A   Unit Cost Guidelines (2010-2017)

 

Unit Cost Guidelines (2010 – 2017)
Bid Month	Elementary	Middle / Jr. High	High School
and Year
January 2010	$140.59	$153.99	$154.96
February 2010	$140.95	$154.38	$155.35
March 2010	$141.30	$154.76	$155.73
April 2010	$141.65	$155.15	$156.12
May 2010	$142.01	$155.54	$156.51
June 2010	$142.36	$155.93	$156.90
July 2010	$142.72	$156.32	$157.30
August 2010	$143.07	$156.71	$157.69
September 2010	$143.43	$157.10	$158.08
October 2010	$143.79	$157.49	$158.48
November 2010	$144.15	$157.89	$158.88
December 2010	$144.51	$158.28	$159.27
January 2011	$144.87	$158.68	$159.67
February 2011	$145.23	$159.07	$160.07
March 2011	$145.60	$159.47	$160.47
April 2011	$145.96	$159.87	$160.87
May 2011	$146.32	$160.27	$161.27
June 2011	$146.69	$160.67	$161.68
July 2011	$147.06	$161.07	$162.08
August 2011	$147.43	$161.48	$162.49
September 2011	$147.79	$161.88	$162.89
October 2011	$148.16	$162.28	$163.30
November 2011	$148.53	$162.69	$163.71
December 2011	$148.90	$163.10	$164.12
January 2012	$149.28	$163.50	$164.53
February 2012	$149.65	$163.91	$164.94
March 2012	$150.02	$164.32	$165.35
April 2012	$150.40	$164.73	$165.76
May 2012	$150.78	$165.15	$166.18
June 2012	$151.15	$165.56	$166.59
July 2012	$151.53	$165.97	$167.01
August 2012	$151.91	$166.39	$167.43
September 2012	$152.29	$166.80	$167.85
October 2012	$152.67	$167.22	$168.27
November 2012	$153.05	$167.64	$168.69
December 2012	$153.43	$168.06	$169.11
January 2013	$153.82	$168.48	$169.53
February 2013	$154.20	$168.90	$169.96
March 2013	$154.59	$169.32	$170.38
April 2013	$154.97	$169.74	$170.81
May 2013	$155.36	$170.17	$171.23
June 2013	$155.75	$170.59	$171.66
July 2013	$156.14	$171.02	$172.09
August 2013	$156.53	$171.45	$172.52
September 2013	$156.92	$171.88	$172.95
October 2013	$157.31	$172.31	$173.38
November 2013	$157.71	$172.74	$173.82
December 2013	$158.10	$173.17	$174.25
January 2014	$158.50	$173.60	$174.69
February 2014	$158.89	$174.04	$175.12
March 2014	$159.29	$174.47	$175.56
April 2014	$159.69	$174.91	$176.00
May 2014	$160.09	$175.34	$176.44
June 2014	$160.49	$175.78	$176.88
July 2014	$160.89	$176.22	$177.32
August 2014	$161.29	$176.66	$177.77
September 2014	$161.69	$177.10	$178.21
October 2014	$162.10	$177.55	$178.66
November 2014	$162.50	$177.99	$179.10
December 2014	$162.91	$178.44	$179.55
January 2015	$163.32	$178.88	$180.00
February 2015	$163.73	$179.33	$180.45
March 2015	$164.13	$179.78	$180.90
April 2015	$164.54	$180.23	$181.35
May 2015	$164.96	$180.68	$181.81
June 2015	$165.37	$181.13	$182.26
July 2015	$165.78	$181.58	$182.72
August 2015	$166.20	$182.04	$183.18
September 2015	$166.61	$182.49	$183.63
October 2015	$167.03	$182.95	$184.09
November 2015	$167.45	$183.40	$184.55
December 2015	$167.86	$183.86	$185.01
January 2016	$168.28	$184.32	$185.48
February 2016	$168.71	$184.78	$185.94
March 2016	$169.13	$185.25	$186.41
April 2016	$169.55	$185.71	$186.87
May 2016	$169.97	$186.17	$187.34
June 2016	$170.40	$186.64	$187.81
July 2016	$170.82	$187.10	$188.28
August 2016	$171.25	$187.57	$188.75
September 2016	$171.68	$188.04	$189.22
October 2016	$172.11	$188.51	$189.69
November 2016	$172.54	$188.98	$190.17
December 2016	$172.97	$189.46	$190.64
January 2017	$173.40	$189.93	$191.12
February 2017	$173.84	$190.40	$191.60
March 2017	$174.27	$190.88	$192.07
April 2017	$174.71	$191.36	$192.55
May 2017	$175.14	$191.84	$193.04
June 2017	$175.58	$192.32	$193.52
July 2017	$176.02	$192.80	$194.00
August 2017	$176.46	$193.28	$194.49
September 2017	$176.90	$193.76	$194.97
October 2017	$177.34	$194.25	$195.46
November 2017	$177.79	$194.73	$195.95
December 2017	$178.23	$195.22	$196.44

 

(Source:  Added at 34 Ill. Reg. 19472, effective November 30, 2010)