TITLE 23: EDUCATION AND CULTURAL RESOURCES
SUBTITLE A: EDUCATION CHAPTER I: STATE BOARD OF EDUCATION SUBCHAPTER c: FINANCE
PART 151
SCHOOL CONSTRUCTION PROGRAM
SECTION 151.5 DEFINITIONS
Section 151.5 Definitions
“School Construction Law” means
105 ILCS 230.
“School District” means a
school district or a Type 40 area vocational center or special education
cooperative 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. "School district"
includes a cooperative high school, if the cooperative agreement includes
language that specifies how the debt obligation is to be paid, including if an
entity withdraws from the cooperative agreement or the cooperative agreement is
terminated (see Section 5-5 of the School Construction Law).
“State Board” means the State
Board of Education.
(Source: Added at 47 Ill. Reg. 11439,
effective July 12, 2023)
 | TITLE 23: EDUCATION AND CULTURAL RESOURCES
SUBTITLE A: EDUCATION CHAPTER I: STATE BOARD OF EDUCATION SUBCHAPTER c: FINANCE
PART 151
SCHOOL CONSTRUCTION PROGRAM
SECTION 151.10 PURPOSE
Section 151.10 Purpose
This Subpart implements the
School Construction Law, which requires that the State Board:
a) adopt standards under which the State Board will review grant award
applications from school districts for school construction project grants to be
made by the Capital Development Board; and
b) determine the order of priority for school construction
project grants to be made by the Capital Development Board.
(Source: Amended at 47 Ill. Reg. 11439, effective July 12, 2023)
 | TITLE 23: EDUCATION AND CULTURAL RESOURCES
SUBTITLE A: EDUCATION CHAPTER I: STATE BOARD OF EDUCATION SUBCHAPTER c: FINANCE
PART 151
SCHOOL CONSTRUCTION PROGRAM
SECTION 151.20 ELIGIBLE APPLICANTS
Section 151.20 Eligible
Applicants
School districts that meet the
requirements of the School Construction Law and this Subpart are eligible to
apply for school construction project grants. A district's eligibility for a
school construction project grant under the minimum enrollment requirements of
Section 5-25(a) of the School Construction Law shall be determined using the
district's enrollment in prekindergarten through grade 12 as of October 1 of
the most recent school year.
(Source: Amended at 47 Ill.
Reg. 11439, effective July 12, 2023)
 | TITLE 23: EDUCATION AND CULTURAL RESOURCES
SUBTITLE A: EDUCATION CHAPTER I: STATE BOARD OF EDUCATION SUBCHAPTER c: FINANCE
PART 151
SCHOOL CONSTRUCTION PROGRAM
SECTION 151.30 APPLICATION FOR SCHOOL CONSTRUCTION PROJECT GRANT AWARDS
Section 151.30 Application
for School Construction Project Grant Awards
a) Beginning
July 1, 2022, and subject to appropriation from the School Infrastructure Fund
or School Construction Fund and a release of those funds to the Capital
Development Board, the State Board may open an application cycle to receive
grant applications under this Subpart (see Section 5-15 of the School
Construction Law). ISBE will post notice of the application cycle on the ISBE
website and will include it in its weekly message. In addition, ISBE may also
directly communicate about the application cycle with eligible applicants. No
grant application filed before the first application cycle after June 30, 2022,
will be considered.
b) A school district seeking a school construction project grant award
shall submit an application that includes a district facilities plan that
contains all of the information required in Section 5-20 of the School
Construction Law.
c) Applications shall be submitted to the State Board
electronically via the State Board’s website at https://www.isbe.net/Pages/School-Construction.aspx.
d) Applications or updates to applications must be received no
later than 180 days after the opening an application period. Each application
or update must include the Capital Development Board's program statement as
defined in 71 Ill. Adm. Code 40.130.
e) An application that is incomplete will be returned and will
not be processed until it is complete. An application must be complete by the
applicable filing deadline in order to be considered. All information
contained in the application shall be subject to verification and correction by
the State Board of Education and the Capital Development Board by means
including on-site inspection and review of documents.
f) Each application shall include the following information.
1) A narrative description of the present educational program of
the district and anticipated changes in the educational program over the next
five years, including:
A) the number of schools currently operated by the district;
B) the configuration of the district's schools by grade level;
C) the basis upon which students are assigned to the district's
schools; and
D) the nature and estimated impact of any changes in these factors
over the next five years.
2) A description of the present and projected financial position
of the district, including, but not limited to, the availability of current
revenue, fund balances, the amount of general obligation debt of the district,
and the amount of unused bonding power. This requirement may be met by
attaching or, if already on file with the State Board, incorporating by
reference:
A) a copy of the district's basic financial statements (i.e.,
Statement of Revenues Received/Revenues, Expenditures Disbursed/Expenditures,
Other Financing Sources (Uses), and Changes in Fund Balances) from the
district's Annual Financial Report for the fiscal year ending June 30
immediately preceding the fiscal year in which the application or update is
submitted;
B) a copy of Part III (Budget Summary) and Part IV (Summary of
Cash Transactions) from the School District Budget Form for the fiscal year in
which the application or update is submitted; and
C) a statement showing the amount of the district's unused bonding
power as determined under Article 19 of the School Code [105 ILCS 5].
3) A description of the district's maintenance plan and schedule,
including, but not limited to:
A) the maximum authorized operations and maintenance tax rate of
the district;
B) the rate at which the operations and maintenance taxes were
last extended;
C) the amount of operations and maintenance expenditures for the
last fiscal year;
D) a statement assuring that new, renovated, and existing
facilities are being or will be properly maintained; and
E) a brief explanation of how the district intends to maintain
new, renovated, and existing facilities.
4) Facility inventory information, including:
A) a listing of each parcel of land, building, building addition,
or other structure owned or used by the district to house its operations or
held by the district for investment or revenue-producing purposes;
B) for each parcel of land, building, building addition, or other
structure, a listing of the following information, as applicable:
i) the facility type;
ii) the ownership class;
iii) an indication of whether the structure is a main building or
a building addition;
iv) the functional age of the building or addition as determined
under Section 151.50(d)(2);
v) the enrollment capacity as determined pursuant to the
standards specified in Section 151.50(d);
vi) the type of school housed in the building or building
addition;
vii) the number of students currently housed in the facility;
viii) the number of inadequately housed students currently housed in
the facility as determined under Section 151.50(c) and (d);
ix) an indication of the district's plans for the facility within
the next five years; and
x) an indication of which planned activities are the subject of a
request for a school construction project grant.
5) The following documents, certified by a licensed design
professional licensed under the Illinois Architecture Practice Act of 1989 [225
ILCS 305] or an equivalent licensing act from another state:
A) any available capacity worksheets;
B) facility evaluation worksheets;
C) field inspection score sheets; and
D) the district facilities plan.
g) Each
application submitted shall also include information demonstrating that the
project conforms to the "green building" requirements of Section 5-40
of the School Construction Law. Conformance may be demonstrated by providing a
certification that the applicant will receive a silver certification from
the United States Green Building Council's Leadership in Energy and
Environmental Design Green Building Rating System, posted at http://www.usgbc.org/DisplayPage.aspx?CMSPageID=222
(2009; no later editions or revisions are incorporated), unless the applicant
meets all of the exceptions described in Section 5-40 of the School
Construction Law.
h) The
State Board will notify all applicants regarding their eligibility for a grant.
The notification will include an estimate of the required local match. The
State Board will also publish on its website a list of applicants
eligible for grants and will forward this list to the Capital Development Board
(see Section 5-15(a) of the School Construction Law).
(Source: Amended at 47 Ill.
Reg. 11439, effective July 12, 2023)
 | TITLE 23: EDUCATION AND CULTURAL RESOURCES
SUBTITLE A: EDUCATION CHAPTER I: STATE BOARD OF EDUCATION SUBCHAPTER c: FINANCE
PART 151
SCHOOL CONSTRUCTION PROGRAM
SECTION 151.35 APPLICATION FOR SCHOOL CONSTRUCTION PROJECT GRANT AWARDS DISTRICTS WITH A POPULATION EXCEEDING 500,000
Section 151.35 Application
for School Construction Project Grant Awards – Districts With A Population
Exceeding 500,000
A school district with a
population exceeding 500,000 shall apply for a school construction project
grant award by submitting an application in accordance with Section 151.30 as
modified by this Section.
a) In lieu of the facility inventory information required by
Section 151.30(f)(4), each school or project for which grant funds are being
sought shall be identified in the district facilities plan, including the
following information as applicable:
1) the facility type;
2) the ownership class;
3) an indication of whether the structure is a main building or a
building addition;
4) the type of school housed in the building or building
addition;
5) the number of students currently housed in the facility;
6) an indication of the district's plans for the facility within
the next five years; and
7) an indication of which planned activities are the subject of a
request for a school construction grant.
b) A
school district described in this Section is not subject to the requirements of
Section 151.30(f)(5).
(Source: Amended at 47 Ill. Reg. 11439, effective July 12, 2023)
 | TITLE 23: EDUCATION AND CULTURAL RESOURCES
SUBTITLE A: EDUCATION CHAPTER I: STATE BOARD OF EDUCATION SUBCHAPTER c: FINANCE
PART 151
SCHOOL CONSTRUCTION PROGRAM
SECTION 151.40 AWARD OF CONDITIONAL CONSTRUCTION PROJECT GRANTS
Section 151.40 Award of Conditional
Construction Project Grants
a) A district that submits a complete and accurate application
demonstrating that the district needs a school construction project or projects
based on inadequate housing of students shall be eligible for a conditional
school construction project grant award from the Capital Development Board.
b) Eligibility for a conditional school construction project
grant award from the Capital Development Board does not guarantee receipt of
such an award.
c) The award of a conditional construction project grant by the
Capital Development Board depends upon receipt of an appropriation for each
fiscal year, the priority ranking of the district's project(s) as established
pursuant to Section 151.50, and the district's compliance with all other
requirements of the School Construction Law.
(Source: Amended at 47 Ill. Reg. 11439, effective July 12, 2023)
 | TITLE 23: EDUCATION AND CULTURAL RESOURCES
SUBTITLE A: EDUCATION CHAPTER I: STATE BOARD OF EDUCATION SUBCHAPTER c: FINANCE
PART 151
SCHOOL CONSTRUCTION PROGRAM
SECTION 151.50 PRIORITY RANKING OF CONSTRUCTION PROJECT GRANT AWARDS
Section 151.50 Priority
Ranking of Construction Project Grant Awards
If the appropriation for any
application cycle is insufficient to fund grants for all applicant school
districts that meet the grant award criteria in this Part, then school districts
that meet the grant award criteria will be given conditional construction
project grant award status, and ranked in order of priority described in this
Section.
a) Districts eligible for grant awards shall be eligible in the
order of:
1) the six levels of priority described in Section 5-30 of the
School Construction Law; and
2) the district's ranking within its level of priority,
determined according to subsections (b) through (d).
b) A district's ranking within a level of priority shall be
determined by multiplying the district's needed capacity as determined under
subsection (c) by the ratio of the district's needed capacity to the district's
enrollment as of October 1 of the most recent school year. The resulting
figure shall constitute the district's ranking, with the largest figure having
the highest ranking.
c) Needed Capacity
1) For each priority other than priority five, the district's
needed capacity shall be calculated by subtracting its currently available
capacity as determined under subsection (d) from its current enrollment or its
projected enrollment, whichever is greater.
A) Projected enrollment shall be calculated by multiplying the
district's current enrollment by the ratio of the district's current enrollment
to the district's enrollment two years before.
B) For purposes of calculating needed capacity, projected
enrollment shall not include any increase in enrollment attributable to a
change in the district's boundaries.
2) For priority five, the district's needed capacity shall be the
number of qualified individuals with disabilities who require a school
construction project.
d) Determination of Available Capacity
1) The enrollment capacity of each room or space currently
subject to occupancy by students for instructional purposes in a
district-owned, permanent building, or in a building leased by the district if
the lease is at least ten years from expiration, shall be determined by
dividing the net floor area (in square feet) of the room or space by the
appropriate loading factor, as follows:
|
Type of Room or Space
|
Loading
Factor
|
|
Prekindergarten Classroom
|
40
|
|
Kindergarten Classroom
|
40
|
|
Elementary General Classroom
|
35
|
|
Elementary Art Classroom
|
40
|
|
Elementary Music Classroom
|
30
|
|
Elementary Computer Classroom
|
35
|
|
Middle School General Classroom
|
35
|
|
Middle School Art Classroom
|
40
|
|
Middle School Family and Consumer Sciences Classroom
|
50
|
|
Middle School Music Classroom
|
25
|
|
Middle School Computer Classroom
|
40
|
|
Middle School Science Laboratory
|
40
|
|
Middle School Science Laboratory/Classroom
|
50
|
|
Middle School Industrial Technology Laboratory/ Shop Not
Classified Elsewhere
|
40
|
|
High School General Classroom
|
30
|
|
High School Art Classroom
|
35
|
|
High School Music Classroom
|
25
|
|
High School Computer Classroom
|
40
|
|
High School Family and Consumer Sciences Classroom
|
60
|
|
High School Science Laboratory
|
35
|
|
High School Industrial Technology Laboratory/Shop
|
75
|
|
High School Laboratory Not Classified Elsewhere
|
35
|
|
Special Education Classroom
|
50
|
2) Buildings and additions with a functional age over one hundred
years old shall be assigned an enrollment capacity of zero. The functional age
of a building and each of its additions shall be individually determined by
multiplying its actual age by one of the following condition factors, to be
determined using the Building Condition Evaluation Form supplied by the State
Board:
|
Condition of
Building or Addition
|
Condition Factor
|
|
|
|
|
Excellent
|
0.2
|
|
Satisfactory
|
0.4
|
|
Substandard
|
1.0
|
|
Poor
|
1.5
|
|
Very Poor
|
2.0
|
3) As used in this subsection, "permanent building"
means a building mounted on a slab or a permanent foundation. A permanent
foundation is a closed-perimeter formation consisting of materials such as
concrete, mortared concrete block, or mortared brick extending into the ground
below the frost line which may include but not be limited to cellars,
basements, or crawlspaces but does not include the sole use of piers.
4) Available capacity shall be calculated by multiplying
enrollment capacity as determined in subsections (d)(1) through (d)(3) by the
following utilization factors:
|
A)
|
elementary schools
|
0.9
|
|
|
|
|
|
B)
|
middle or junior high schools
|
0.85
|
|
|
|
|
|
C)
|
high schools
|
0.8
|
e) A new order of priority ranking shall be established among the
applicants for each application cycle.
f) Type
40 area vocational centers shall be placed last on the priority listing of
eligible entities for the applicable fiscal year. [See Section 5-25 of the
School Construction Law].
(Source: Amended at 47 Ill.
Reg. 11439, effective July 12, 2023)
 | TITLE 23: EDUCATION AND CULTURAL RESOURCES
SUBTITLE A: EDUCATION CHAPTER I: STATE BOARD OF EDUCATION SUBCHAPTER c: FINANCE
PART 151
SCHOOL CONSTRUCTION PROGRAM
SECTION 151.55 NEEDED CAPACITY FOR UNIT DISTRICTS
Section 151.55 Needed
Capacity for Unit Districts
For unit districts, needed
capacity under Section 151.50(c) of this Part shall be calculated separately
for elementary grades (pre-kindergarten through eight) and secondary grades
(nine through twelve), with a needed capacity that is a negative number being
treated as zero. In making these calculations, available capacity for a
building that contains both elementary and secondary grades shall be considered
either elementary or secondary capacity, depending upon whether a majority of
the building's students are elementary or secondary students. The district's
needed capacity shall be the sum of the elementary and secondary needed
capacities.
 | TITLE 23: EDUCATION AND CULTURAL RESOURCES
SUBTITLE A: EDUCATION CHAPTER I: STATE BOARD OF EDUCATION SUBCHAPTER c: FINANCE
PART 151
SCHOOL CONSTRUCTION PROGRAM
SECTION 151.60 GRANT INDEX (REPEALED)
Section 151.60 Grant Index
(Repealed)
(Source: Repealed at 47 Ill. Reg. 11439, effective July 12, 2023)
 | TITLE 23: EDUCATION AND CULTURAL RESOURCES
SUBTITLE A: EDUCATION CHAPTER I: STATE BOARD OF EDUCATION SUBCHAPTER c: FINANCE
PART 151
SCHOOL CONSTRUCTION PROGRAM
SECTION 151.70 DEBT SERVICE GRANTS (REPEALED)
Section 151.70 Debt Service
Grants (Repealed)
(Source: Repealed at 24 Ill. Reg. 5661, effective March 17, 2000)
SUBPART B: SCHOOL MAINTENANCE PROJECT GRANTS
 | TITLE 23: EDUCATION AND CULTURAL RESOURCES
SUBTITLE A: EDUCATION CHAPTER I: STATE BOARD OF EDUCATION SUBCHAPTER c: FINANCE
PART 151
SCHOOL CONSTRUCTION PROGRAM
SECTION 151.100 PURPOSE; ELIGIBLE APPLICANTS
Section 151.100 Purpose;
Eligible Applicants
a) This Subpart implements the School Construction Law [105 ILCS
230], which requires that the State Board of Education issue grants for school
maintenance projects.
b) Any school district, cooperative high school, Type 40 area
vocational center or special education cooperative may apply for a grant. An
eligible applicant may apply for and receive more than one grant during a
fiscal year. For purposes of this Subpart B, the term "district"
shall be understood to include each of these eligible entities.
(Source: Amended at 39 Ill.
Reg. 10035, effective June 30, 2015)
 | TITLE 23: EDUCATION AND CULTURAL RESOURCES
SUBTITLE A: EDUCATION CHAPTER I: STATE BOARD OF EDUCATION SUBCHAPTER c: FINANCE
PART 151
SCHOOL CONSTRUCTION PROGRAM
SECTION 151.110 DEFINITIONS
Section 151.110 Definitions
As used in this
Subpart:
"Cooperative
high school" means a program established pursuant to Section 10-22.22c of
the School Code [105 ILCS 5/10-22.22c].
"Emergency
project" means a project made necessary by a disaster described in Section
5-30(1) of the School Construction Law. Conditions caused by age or lack of
timely maintenance shall not constitute an emergency. Costs of an emergency
project that are covered by insurance may not be claimed as part of an
emergency project.
"Grant"
means a school maintenance project grant.
"Health/life
safety project" means a project that is necessary to correct a violation
of the Health/Life Safety Code for Public Schools (23 Ill. Adm. Code 180) or to
provide handicapped accessibility or school security.
"Ongoing
operational costs" means ordinary maintenance expenses incurred in the
course of the applicant's operations, including expenses for employee salaries
and benefits, materials and supplies.
"Other
project" means a project other than an emergency project, health/life
safety project, State program priority project or permanent improvement
project.
"Permanent
improvement project" means a project designed to upgrade or install
building systems (e.g., air conditioning, electrical or plumbing systems) or
involving other improvements to a building or structure so that the building or
structure is better adapted to the applicant's educational programs.
"Regional office of
education" has the meaning set forth in Article 3A of the School Code [105
ILCS 5/Art. 3A] and includes the chief
administrative officer of the educational service centers established pursuant
to Section 2-3.62 of the School Code [105
ILCS 5/2-3.62] (Section 3-0.01 of the School Code).
"School
maintenance project" or "project" means a project, other than
a school construction project as defined in Section 5-5 of the School
Construction Law or a school energy efficiency project as defined in Section
5-200 of the School Construction Law [105 ILCS 230/5-5 and 5-200], intended
to provide for the maintenance or upkeep of buildings or structures for
educational purposes, but does not include ongoing operational costs [105
ILCS 230/5-5]. A project may involve different types of work on a single
building or structure, or may involve a single type of work (e.g., new roofing
or windows) on several buildings or structures. There is no limit to the cost
of a project; however, grant awards shall not exceed $50,000 per project, and
applicants shall provide a match from local funds equal to the grant amount
requested.
"Special
education cooperative" means a cooperative established pursuant to Section
10-22.31 of the School Code [105 ILCS 5/10-22.31].
"State
program priority project" means a project that is necessary for energy
conservation or that adapts a building or structure to better serve students in
a specific program for which the applicant receives funding under the School
Code (e.g., preschool education, school technology).
"Type 40
area vocational center" means a career center that is designated by the
State Superintendent of Education and jointly owned and operated by member
school districts.
(Source: Amended at 39 Ill.
Reg. 10035, effective June 30, 2015)
 | TITLE 23: EDUCATION AND CULTURAL RESOURCES
SUBTITLE A: EDUCATION CHAPTER I: STATE BOARD OF EDUCATION SUBCHAPTER c: FINANCE
PART 151
SCHOOL CONSTRUCTION PROGRAM
SECTION 151.120 APPLICATION FOR SCHOOL MAINTENANCE PROJECT GRANTS
Section 151.120 Application
for School Maintenance Project Grants
An eligible applicant may apply for a grant by submitting an
application electronically in a format prescribed by the State Superintendent.
A separate application shall be submitted for each project for which the
applicant seeks a grant award.
a) Except as provided under subsection (e) of this Section, an
application shall be submitted electronically to the regional office of
education at least two weeks prior to the application deadline announced by the
State Superintendent for the fiscal year for which the grant is sought. The
regional superintendent shall review and electronically forward the application
to the State Superintendent by the application deadline.
b) Each application shall include the following information.
1) The names, addresses, and descriptions of the facilities
included in the project.
2) A narrative description of the nature and scope of the
project, including the starting and completion dates for the project.
3) The total cost of the project, amount and source of local
matching funds (using the revenue and account codes set
forth at 23 Ill. Adm. Code 100 (Requirements for Accounting, Budgeting,
Financial Reporting, and Auditing)), and the requested grant amount.
4) The priority category of the project (see Section
151.130(b)(2) of this Part).
A) For an emergency project, the applicant shall indicate the date
and nature of the emergency and the extent of building damage.
B) For a health/life safety project necessary to correct a code
violation, the applicant shall identify the health/life safety work by
amendment number.
5) For applicants that are seeking more than one grant in a
fiscal year, the order in which the applicant wants its projects funded.
6) Such assurances as the State Superintendent may require, to
include at least the following:
A) that the local board of education, in the case of school
districts, or other school governing authority authorized the school
maintenance project during a duly convened meeting, and
B) that the local board of education, in the case of school
districts, or other school governing authority reserved local funds in an
amount equal to the school maintenance project grant requested to meet the
local match requirement.
c) Submission of the electronic
application shall be evidence of authorization by the school board or other
governing board.
d) An
applicant submitting an incomplete application shall be contacted by staff of
the State Board regarding the need for additional information. An application
must be complete by the applicable submission deadline in order to be
considered. All information contained in the application shall be subject to
verification and correction by the State Superintendent by such means as
on-site inspection and review of documents.
e) An
application for a grant for an emergency project shall be submitted
electronically directly to the State Superintendent by the deadline stipulated
on the application. A copy shall also be submitted to the regional
superintendent of education.
f) Up to
$1 million shall be reserved each fiscal year for emergency projects. If
funds, other than funds reserved for emergency projects, remain after the award
of grants from the announced application cycle, then a second application
period will be held. If funds reserved for emergency grants remain at the end
of the fiscal year, then these funds shall be distributed for other approved
projects from the latest application cycle.
(Source: Amended at 34 Ill.
Reg. 3000, effective February 18, 2010)
 | TITLE 23: EDUCATION AND CULTURAL RESOURCES
SUBTITLE A: EDUCATION CHAPTER I: STATE BOARD OF EDUCATION SUBCHAPTER c: FINANCE
PART 151
SCHOOL CONSTRUCTION PROGRAM
SECTION 151.130 AWARD OF SCHOOL MAINTENANCE PROJECT GRANTS APPLICANTS WITH A POPULATION OF 500,000 OR FEWER
Section 151.130 Award of
School Maintenance Project Grants – Applicants With a Population of 500,000 or
Fewer
Grant awards to applicants with
a population of 500,000 or fewer shall be made as provided in this Section.
a) An applicant that submits a timely, complete and accurate
application that is in compliance with the School Construction Law and this
Subpart and that indicates that the applicant has a qualifying project shall be
awarded a grant for the approved project provided that the appropriation is
sufficient to fund the grant.
b) If the appropriation for any fiscal year is insufficient to
fund all approved projects, grants shall be awarded in the following order
until the appropriation is exhausted.
1) Grants shall be awarded in rounds, with each applicant being
allowed one approved project per round.
2) Within each round, grants shall be awarded in order of the
five priorities established in Section 5-100(b) of the School Construction Law
and as defined in Section 151.110 of this Part:
A) Emergency projects,
B) Health/life safety projects,
C) State priority projects,
D) Permanent improvement projects,
E) Other projects.
3) Within each priority, grants shall be awarded in order of the
applicant's need index, proceeding from greatest to least.
A) For a school district applicant, the need index shall be
determined by dividing the equalized assessed valuation per pupil in average
daily attendance of the school district at the 90th percentile of
wealth for districts of that type (i.e., elementary, high school, or unit) by
the equalized assessed valuation per pupil in average daily attendance of the
applicant.
B) For an applicant that does not possess property taxing
authority, its equalized assessed valuation per pupil in average daily
attendance shall be that of the school district in which the greatest number of
the applicant's students reside.
C) For purposes of calculating the need index, the equalized
assessed valuation and average daily attendance shall be taken from the general
state aid claims filed in the fiscal year for which a grant is made. The
average daily attendance to be used shall be the district's best three months
average daily attendance.
c) An approved application from the first round that is not
funded because of an insufficient appropriation shall be placed ahead of new
applications filed in a subsequent year, provided the applicant submits an
updated application.
(Source: Added at 24 Ill. Reg. 5661, effective March 17, 2000)
 | TITLE 23: EDUCATION AND CULTURAL RESOURCES
SUBTITLE A: EDUCATION CHAPTER I: STATE BOARD OF EDUCATION SUBCHAPTER c: FINANCE
PART 151
SCHOOL CONSTRUCTION PROGRAM
SECTION 151.135 AWARD OF SCHOOL MAINTENANCE PROJECT GRANTS SCHOOL DISTRICTS WITH A POPULATION EXCEEDING 500,000
Section 151.135 Award of
School Maintenance Project Grants – School Districts With a Population
Exceeding 500,000
A school district with a
population exceeding 500,000 that submits timely, complete and accurate
applications in compliance with the School Construction Law and this Subpart
shall be awarded grants in the amount provided by Section 5-100(c) of the
School Construction Law.
(Source: Added at 24 Ill. Reg. 5661, effective March 17, 2000)
 | TITLE 23: EDUCATION AND CULTURAL RESOURCES
SUBTITLE A: EDUCATION CHAPTER I: STATE BOARD OF EDUCATION SUBCHAPTER c: FINANCE
PART 151
SCHOOL CONSTRUCTION PROGRAM
SECTION 151.140 TERMS OF THE GRANT
Section 151.140 Terms of the
Grant
a) Grants shall be subject to the Illinois Grant Funds Recovery
Act [30 ILCS 705]. Any grant funds not expended or legally obligated within
two years after disbursement by the State shall be returned to the State Board
of Education within 45 days.
b) Grant funds may only be used for the project described in the
approved application and shall be accounted for in compliance with applicable
accounting rules set forth at 23 Ill. Adm. Code 100 (Requirements for
Accounting, Budgeting, Financial Reporting, and Auditing). The applicant must
provide local matching funds in an amount equal to the grant. If actual
project expenditures are less than expected so that the amount of the grant is
greater than 50 percent of the total project expenditures, the applicant shall
refund the amount of the grant that is in excess of 50 percent of actual
project expenditures. The applicant shall file a final expenditure report with
the State Board of Education that describes the use of the grant funds.
c) The applicant shall comply with the School Construction Law,
this Subpart and all other applicable laws and regulations in completing a
project.
(Source: Amended at 33 Ill.
Reg. 7919, effective June 1, 2009)
SUBPART C: SCHOOL ENERGY EFFICIENCY PROJECT GRANTS
 | TITLE 23: EDUCATION AND CULTURAL RESOURCES
SUBTITLE A: EDUCATION CHAPTER I: STATE BOARD OF EDUCATION SUBCHAPTER c: FINANCE
PART 151
SCHOOL CONSTRUCTION PROGRAM
SECTION 151.200 PURPOSE; ELIGIBLE APPLICANTS
Section
151.200 Purpose; Eligible Applicants
a) This Subpart implements
Section 5-200 of the School Construction Law [105 ILCS 230], which requires
that the State Board of Education issue grants for school energy efficiency
projects.
b) Any school district, as
defined in Section 5-5 of the School Construction Law, or special education
cooperative may apply for a grant. An eligible applicant may apply for and
receive more than one grant during a fiscal year. Applicants not awarded
funding in a fiscal year may reapply in a subsequent fiscal year, provided the
proposed work has not been started or completed.
(Source:
Amended at 47 Ill. Reg. 11439, effective July 12, 2023)
 | TITLE 23: EDUCATION AND CULTURAL RESOURCES
SUBTITLE A: EDUCATION CHAPTER I: STATE BOARD OF EDUCATION SUBCHAPTER c: FINANCE
PART 151
SCHOOL CONSTRUCTION PROGRAM
SECTION 151.210 DEFINITIONS
Section
151.210 Definitions
As used in
this Subpart:
"Energy
efficiency project" means any improvement, repair, alteration or
betterment of any building or facility owned or operated by an eligible
applicant as set forth in Section 151.220, or any equipment, fixture or
furnishing to be added to or used in any building or facility, subject to the
building code authorized in Section 2-3.12 of the School Code [105 ILCS
5/2-3.12] (see 23 Ill. Adm. Code 180), that is designed to reduce energy consumption
and may include, without limitation, one or more of the following:
Insulation
of the building envelope, structure or systems within the building;
Storm
windows or doors, caulking or weather stripping, multi-glazed windows or doors,
heat absorbing or heat reflective glazed and coated window or door systems,
additional glazing, reductions in glass area, or other window and door system
modifications that reduce energy consumption;
Automated
or computerized energy control systems;
Heating,
ventilating, air conditioning, or HVAC system repairs or replacements (this
does not include initial installations);
Replacement
or modification of lighting fixtures to increase the energy efficiency of the
lighting system without increasing the overall illumination of a facility,
unless an increase in illumination is necessary to conform to the applicable
building code for the lighting system after the proposed modifications are
made;
Energy
recovery systems;
Energy
conservation measures that provide long-term cost reductions;
Alternative
energy systems, including but not limited to wind power or solar power systems;
and
Other
projects designed to reduce the consumption or use of energy.
An
energy efficiency project may involve different types of work on a single
building or structure, or may involve a single type of work (e.g., new roofing
or windows) on several buildings or structures. There is no limit to the
cost of a project; however, grant awards shall not exceed $250,000 per project
per fiscal year, and applicants shall provide a match from local funds and/or
eligible federal or other funds equal to the grant amount requested (see
Section 5-200(a) of the School Construction Law).
"Grant" means a school
energy efficiency project grant.
"Regional
office of education" has the meaning set forth in Article 3A of the School
Code [105 ILCS 5/Art. 3A] and includes the chief
administrative officer of the educational service centers established pursuant
to Section 2-3.62 of the School Code [105
ILCS 5/2-3.62] (Section 3-0.01 of the School Code).
(Source:
Amended at 39 Ill. Reg. 10035, effective June 30, 2015)
 | TITLE 23: EDUCATION AND CULTURAL RESOURCES
SUBTITLE A: EDUCATION CHAPTER I: STATE BOARD OF EDUCATION SUBCHAPTER c: FINANCE
PART 151
SCHOOL CONSTRUCTION PROGRAM
SECTION 151.220 APPLICATION FOR SCHOOL ENERGY EFFICIENCY PROJECT GRANTS
Section
151.220 Application for School Energy Efficiency Project Grants
a) An eligible applicant
may apply for a grant by submitting an application electronically in a format
prescribed by the State Superintendent. A separate application shall be
submitted for each project for which the applicant seeks a grant award.
b) An application shall
first be submitted electronically to the regional office of education at least
two weeks prior to the application deadline announced by the State
Superintendent for the fiscal year for which the grant is sought. The
regional superintendent shall review and electronically forward the application
to the State Board of Education by the application deadline.
c) Each
application shall include the following information.
1) The names, addresses,
and descriptions of the facilities included in the project.
2) A narrative description
of the nature and scope of the project, including the starting and completion
dates for the project.
3) The total cost of the
project, amount and source of local matching funds (using the revenue and
account codes set forth at 23 Ill. Adm. Code 100 (Requirements for Accounting,
Budgeting, Financial Reporting, and Auditing)) and the requested grant amount.
4) For applicants that are
seeking more than one grant in a fiscal year, the order in which the applicant
wants its projects funded.
5) Such assurances as the
State Board of Education may require, to include at least the following:
A) certification by a
licensed design professional of the reasonableness of the estimated costs and
energy efficiency measures, and an estimate of the annual energy savings that
will be realized;
B) that the local board of
education, in the case of school districts, or other school governing authority
authorized the school energy efficiency project during a duly convened meeting;
and
C) that the local board of
education, in the case of school districts, or other school governing authority
reserved local funds in an amount equal to the school energy efficiency project
grant requested to meet the local match requirement.
d) Submission of the
electronic application shall be evidence of authorization by the school board
or other governing board.
e) An applicant submitting
an incomplete application shall be contacted by staff of the State Board
regarding the need for additional information. An application must be complete
by the submission deadline in order to be considered. All information
contained in the application shall be subject to verification and correction by
the State Superintendent by such means as on-site inspection and review of
documents.
(Source: Added at 34 Ill.
Reg. 3000, effective February 18, 2010)
 | TITLE 23: EDUCATION AND CULTURAL RESOURCES
SUBTITLE A: EDUCATION CHAPTER I: STATE BOARD OF EDUCATION SUBCHAPTER c: FINANCE
PART 151
SCHOOL CONSTRUCTION PROGRAM
SECTION 151.230 AWARD OF SCHOOL ENERGY EFFICIENCY PROJECT GRANTS APPLICANTS WITH A POPULATION OF 500,000 OR FEWER
Section
151.230 Award of School Energy Efficiency Project Grants – Applicants with a
Population of 500,000 or Fewer
Grant
awards to applicants with a population of 500,000 or fewer residents shall be
made as provided in this Section.
a) An applicant that
submits a timely, complete and accurate application that is in compliance with
the School Construction Law and this Subpart and that indicates that the
applicant has a qualifying project shall be awarded a grant for the approved
project provided that the appropriation is sufficient to fund the grant.
b) If the appropriation for
any fiscal year is insufficient to fund all approved projects, then grants
shall be awarded in the following order until the appropriation is exhausted.
1) Grants shall be awarded
in rounds, with each applicant being allowed one approved project per round.
2) Within each round,
grants shall be awarded in order of the applicant's need index, proceeding from
greatest to least.
c) For a school district
applicant, the need index shall be determined by dividing the equalized
assessed valuation per pupil in average daily attendance of the school district
at the 90th percentile of wealth for districts of that type (i.e.,
elementary, high school, or unit) by the equalized assessed valuation per pupil
in average daily attendance of the applicant.
1) For an applicant that
does not possess property taxing authority, its equalized assessed valuation
per pupil in average daily attendance shall be that of the school district in
which the greatest number of the applicant's students reside.
2) For purposes of
calculating the need index, the equalized assessed valuation and average daily
attendance shall be taken from the general state aid claims filed in the fiscal
year for which a grant is made. The average daily attendance to be used
shall be the district's best three months average daily attendance.
(Source:
Added at 34 Ill. Reg. 3000, effective February 18, 2010)
 | TITLE 23: EDUCATION AND CULTURAL RESOURCES
SUBTITLE A: EDUCATION CHAPTER I: STATE BOARD OF EDUCATION SUBCHAPTER c: FINANCE
PART 151
SCHOOL CONSTRUCTION PROGRAM
SECTION 151.235 AWARD OF SCHOOL ENERGY EFFICIENCY PROJECT GRANTS SCHOOL DISTRICTS WITH A POPULATION EXCEEDING 500,000
Section
151.235 Award of School Energy Efficiency Project Grants – School Districts with
a Population Exceeding 500,000
A school
district with a population exceeding 500,000 residents that submits a timely,
complete and accurate application in compliance with the School Construction
Law and this Subpart shall be awarded a grant in the amount provided by Section
5-200(c) of the School Construction Law.
(Source:
Added at 34 Ill. Reg. 3000, effective February 18, 2010)
 | TITLE 23: EDUCATION AND CULTURAL RESOURCES
SUBTITLE A: EDUCATION CHAPTER I: STATE BOARD OF EDUCATION SUBCHAPTER c: FINANCE
PART 151
SCHOOL CONSTRUCTION PROGRAM
SECTION 151.240 TERMS OF THE GRANT
Section
151.240 Terms of the Grant
a) Grants shall be subject
to the Illinois Grant Funds Recovery Act [30 ILCS 705]. Any grant funds
not expended or legally obligated within two years after disbursement by the
State shall be returned to the State Board of Education within 45 days.
b) Grant funds may only be
used for the project described in the approved application and shall be
accounted for in compliance with applicable accounting rules set forth at 23
Ill. Adm. Code 100 (Requirements for Accounting, Budgeting, Financial
Reporting, and Auditing). The applicant must provide local matching funds in an
amount equal to the grant. If actual project expenditures are less than
expected so that the amount of the grant is greater than 50 percent of the
total project expenditures, then the applicant shall refund the amount of the
grant that is in excess of 50 percent of actual project expenditures.
c) Upon completion of the
project, a final expenditure report, subject to audit, shall be submitted to
the regional office of education and State Superintendent or designee within 30
days after final project closeout. The licensed design professional shall
certify the final expenditure report. The final expenditure report shall
describe the use of the grant funds and quantify the energy efficiency gained by
the project.
d) The applicant shall
comply with the School Construction Law, this Subpart and all other applicable
laws and regulations in completing a project.
(Source:
Added at 34 Ill. Reg. 3000, effective February 18, 2010)
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