102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
SB3699

 

Introduced 1/21/2022, by Sen. Christopher Belt

 

SYNOPSIS AS INTRODUCED:
 
105 ILCS 230/5-5
105 ILCS 230/5-30
105 ILCS 230/5-60

    Amends the School Construction Law. Provides that for school districts that have consolidated or approved a cooperative high school within a prior fiscal year, the grant index shall be calculated for each of those school districts that form the new school district or cooperative high school. Provides that whichever grant index is the highest shall be used as the grant index for the newly consolidated school district or approved cooperative high school. Amends the priority of school construction projects by adding 2 additional categories of capital needs and reordering the priority of the remaining categories of capital needs. Makes a related change. Effective immediately.


LRB102 23651 CMG 32833 b

 

 

A BILL FOR

 

SB3699LRB102 23651 CMG 32833 b

1    AN ACT concerning education.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The School Construction Law is amended by
5changing Sections 5-5, 5-30 and 5-60 as follows:
 
6    (105 ILCS 230/5-5)
7    Sec. 5-5. Definitions. As used in this Article:
8    "Approved school construction bonds" mean bonds that were
9approved by referendum after January 1, 1996 but prior to
10January 1, 1998 as provided in Sections 19-2 through 19-7 of
11the School Code to provide funds for the acquisition,
12development, construction, reconstruction, rehabilitation,
13improvement, architectural planning, and installation of
14capital facilities consisting of buildings, structures,
15durable-equipment, and land for educational purposes.
16    "Grant index" means a figure for each school district
17equal to one minus the ratio of the district's equalized
18assessed valuation per pupil in average daily attendance to
19the equalized assessed valuation per pupil in average daily
20attendance of the district located at the 90th percentile for
21all districts of the same category. For the purpose of
22calculating the grant index, school districts are grouped into
232 categories, Category I and Category II. Category I consists

 

 

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1of elementary and unit school districts. The equalized
2assessed valuation per pupil in average daily attendance of
3each school district in Category I shall be computed using its
4grades kindergarten through 8 average daily attendance figure.
5A unit school district's Category I grant index shall be used
6for projects or portions of projects constructed for
7elementary school pupils. Category II consists of high school
8and unit school districts. The equalized assessed valuation
9per pupil in average daily attendance of each school district
10in Category II shall be computed using its grades 9 through 12
11average daily attendance figure. A unit school district's
12Category II grant index shall be used for projects or portions
13of projects constructed for high school pupils. The changes
14made by this amendatory Act of the 92nd General Assembly apply
15to all grants made on or after the effective date of this
16amendatory Act, provided that for grants not yet made on the
17effective date of this amendatory Act but made in fiscal year
182001 and for grants made in fiscal year 2002, the grant index
19for a school district shall be the greater of (i) the grant
20index as calculated under this Law on or after the effective
21date of this amendatory Act or (ii) the grant index as
22calculated under this Law before the effective date of this
23amendatory Act. The grant index shall be no less than 0.35 and
24no greater than 0.75 for each district; provided that the
25grant index for districts whose equalized assessed valuation
26per pupil in average daily attendance is at the 99th

 

 

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1percentile and above for all districts of the same type shall
2be 0.00. For school districts that have consolidated or
3approved a cooperative high school within a prior fiscal year,
4the grant index shall be calculated for each of those school
5districts that form the new school district or cooperative
6high school. Whichever grant index is the highest shall be
7used as the grant index for the newly consolidated school
8district or approved cooperative high school.
9    The grant index shall be calculated for each of those
10school districts forming a reorganized school district or
11cooperative high school if one or more of the following happen
12within the current or prior 2 fiscal years:
13        (1) a new school district is created in accordance
14    with Article 11E of the School Code;
15        (2) an existing school district annexes all of the
16    territory of one or more entire other school districts in
17    accordance with Article 7 of the School Code; or
18        (3) a cooperative high school is formed in accordance
19    with Section 10-22.22c of the School Code.
20The average grant index of those school districts shall be
21used as the grant index for the newly reorganized district or
22cooperative high school.
23    "School construction project" means the acquisition,
24development, construction, reconstruction, rehabilitation,
25improvement, architectural planning, and installation of
26capital facilities consisting of buildings, structures,

 

 

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1durable equipment, and land for educational purposes.
2    "School district" means a school district or a Type 40
3area vocational center that is jointly owned if the joint
4agreement includes language that specifies how the debt
5obligation is to be paid, including in the event that an entity
6withdraws from the joint agreement.
7    "School district" includes a cooperative high school,
8which shall be considered a high school district for the
9purpose of calculating its grant index.
10    "School maintenance project" means a project, other than a
11school construction project, intended to provide for the
12maintenance or upkeep of buildings or structures for
13educational purposes, but does not include ongoing operational
14costs.
15(Source: P.A. 96-731, eff. 8-25-09; 96-1381, eff. 1-1-11.)
 
16    (105 ILCS 230/5-30)
17    Sec. 5-30. Priority of school construction projects. The
18State Board of Education shall develop standards for the
19determination of priority needs concerning school construction
20projects based upon approved district facilities plans. Such
21standards shall call for prioritization based on the degree of
22need and project type in the following order:
23        (1) Replacement, rehabilitation, or reconstruction of
24    school buildings destroyed or damaged by flood, tornado,
25    fire, earthquake, mine subsidence, or other disasters,

 

 

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1    either man-made or produced by nature;
2        (1.5) Rehabilitation or reconstruction of school
3    facilities determined to be severe and continuing health
4    or life safety hazards;
5        (1.10) Rehabilitation of school facilities to
6    alleviate:
7            (A) a shortage of classrooms due to population
8        growth; or
9            (B) aging school buildings;
10        (2) (Blank) Projects designed to alleviate a shortage
11    of classrooms due to population growth or to replace or
12    rehabilitate aging school buildings;
13        (3) Projects resulting from interdistrict
14    reorganization of school districts contingent on local
15    referenda;
16        (3.5) Projects other than rehabilitation specified in
17    paragraph (1.10) designed to alleviate a shortage of
18    classrooms due to population growth or to replace aging
19    school buildings;
20        (4) Replacement, rehabilitation, or reconstruction of
21    school facilities determined to be severe and continuing
22    health or life safety hazards;
23        (5) Alterations necessary to provide accessibility for
24    qualified individuals with disabilities; and
25        (6) Other unique solutions to facility needs.
26Except for those changes absolutely necessary to comply with

 

 

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1the changes made to subsection (c) of Section 5-25 of this Law
2by Public Act 96-37, the State Board of Education may not make
3any material changes to the standards in effect on May 18,
42004, unless the State Board of Education is specifically
5authorized by law.
6(Source: P.A. 96-37, eff. 7-13-09; 96-102, eff. 7-29-09;
796-1000, eff. 7-2-10; 97-880, eff. 8-2-12.)
 
8    (105 ILCS 230/5-60)
9    Sec. 5-60. School capital needs assessment. The State
10Board of Education and the Capital Development Board shall
11file with the General Assembly a comprehensive assessment
12report of the capital needs of all school districts in this
13State before January 1, 2005 and every 2 years thereafter.
14This assessment shall include without limitation an analysis
15of the 6 categories of capital needs prioritized in Section
165-30 of this Law.
17(Source: P.A. 93-489, eff. 8-8-03.)
 
18    Section 99. Effective date. This Act takes effect upon
19becoming law.