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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 Code is amended by changing Section | ||||||
5 | 10-22.36 as follows: | ||||||
6 | (105 ILCS 5/10-22.36) (from Ch. 122, par. 10-22.36) | ||||||
7 | Sec. 10-22.36. Buildings for school purposes. | ||||||
8 | (a) To build or purchase a building for school classroom | ||||||
9 | or instructional purposes upon the approval of a majority of | ||||||
10 | the voters upon the proposition at a referendum held for such | ||||||
11 | purpose or in accordance with Section 17-2.11, 19-3.5, or | ||||||
12 | 19-3.10. The board may initiate such referendum by resolution. | ||||||
13 | The board shall certify the resolution and proposition to the | ||||||
14 | proper election authority for submission in accordance with | ||||||
15 | the general election law. | ||||||
16 | The questions of building one or more new buildings for | ||||||
17 | school purposes or office facilities, and issuing bonds for | ||||||
18 | the purpose of borrowing money to purchase one or more | ||||||
19 | buildings or sites for such buildings or office sites, to | ||||||
20 | build one or more new buildings for school purposes or office | ||||||
21 | facilities or to make additions and improvements to existing | ||||||
22 | school buildings, may be combined into one or more | ||||||
23 | propositions on the ballot. |
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1 | Before erecting, or purchasing or remodeling such a | ||||||
2 | building the board shall submit the plans and specifications | ||||||
3 | respecting heating, ventilating, lighting, seating, water | ||||||
4 | supply, toilets and safety against fire to the regional | ||||||
5 | superintendent of schools having supervision and control over | ||||||
6 | the district, for approval in accordance with Section 2-3.12. | ||||||
7 | Notwithstanding any of the foregoing, no referendum shall | ||||||
8 | be required if the purchase, construction, or building of any | ||||||
9 | such building (1) occurs while the building is being leased by | ||||||
10 | the school district or (2) is paid with (A) funds derived from | ||||||
11 | the sale or disposition of other buildings, land, or | ||||||
12 | structures of the school district or (B) funds received (i) as | ||||||
13 | a grant under the School Construction Law or (ii) as gifts or | ||||||
14 | donations, provided that no funds to purchase, construct, or | ||||||
15 | build such building, other than lease payments, are derived | ||||||
16 | from the district's bonded indebtedness or the tax levy of the | ||||||
17 | district. | ||||||
18 | Notwithstanding any of the foregoing, no referendum shall | ||||||
19 | be required if the purchase, construction, or building of any | ||||||
20 | such building is paid with funds received from the County | ||||||
21 | School Facility and Resources Occupation Tax Law under Section | ||||||
22 | 5-1006.7 of the Counties Code or from the proceeds of bonds or | ||||||
23 | other debt obligations secured by revenues obtained from that | ||||||
24 | Law. | ||||||
25 | Notwithstanding any of the foregoing, for Decatur School | ||||||
26 | District Number 61, no referendum shall be required if at |
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1 | least 50% of the cost of the purchase, construction, or | ||||||
2 | building of any such building is paid, or will be paid, with | ||||||
3 | funds received or expected to be received as part of, or | ||||||
4 | otherwise derived from, any COVID-19 pandemic relief program | ||||||
5 | or funding source, including, but not limited to, Elementary | ||||||
6 | and Secondary School Emergency Relief Fund grant proceeds. | ||||||
7 | (b) Notwithstanding the provisions of subsection (a), for | ||||||
8 | any school district: (i) that is a tier 1 school, (ii) that has | ||||||
9 | a population of less than 50,000 inhabitants, (iii) whose | ||||||
10 | student population is between 5,800 and 6,300, (iv) in which | ||||||
11 | 57% to 62% of students are low-income, and (v) whose average | ||||||
12 | district spending is between $10,000 to $12,000 per pupil, | ||||||
13 | until July 1, 2025, no referendum shall be required if at least | ||||||
14 | 50% of the cost of the purchase, construction, or building of | ||||||
15 | any such building is paid, or will be paid, with funds received | ||||||
16 | or expected to be received as part of, or otherwise derived | ||||||
17 | from, the federal Consolidated Appropriations Act and the | ||||||
18 | federal American Rescue Plan Act of 2021. | ||||||
19 | For this subsection (b), the school board must hold at | ||||||
20 | least 2 public hearings, the sole purpose of which shall be to | ||||||
21 | discuss the decision to construct a school building and to | ||||||
22 | receive input from the community. The notice of each public | ||||||
23 | hearing that sets forth the time, date, place, and name or | ||||||
24 | description of the school building that the school board is | ||||||
25 | considering constructing must be provided at least 10 days | ||||||
26 | prior to the hearing by publication on the school board's |
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1 | Internet website. | ||||||
2 | (c) Notwithstanding the provisions of subsections | ||||||
3 | subsection (a) and (b), for Cahokia Community Unit School | ||||||
4 | District 187, no referendum shall be required for the lease of | ||||||
5 | any building for school or educational purposes if the cost is | ||||||
6 | paid or will be paid with funds available at the time of the | ||||||
7 | lease in the district's existing fund balances to fund the | ||||||
8 | lease of a building during the 2023-2024 or 2024-2025 school | ||||||
9 | year. | ||||||
10 | For the purposes of this subsection (c), the school board | ||||||
11 | must hold at least 2 public hearings, the sole purpose of which | ||||||
12 | shall be to discuss the decision to lease a school building and | ||||||
13 | to receive input from the community. The notice of each public | ||||||
14 | hearing that sets forth the time, date, place, and name or | ||||||
15 | description of the school building that the school board is | ||||||
16 | considering leasing must be provided at least 10 days prior to | ||||||
17 | the hearing by publication on the school district's website. | ||||||
18 | (d) (c) Notwithstanding the provisions of subsections | ||||||
19 | subsection (a) and (b), for Bloomington School District 87, no | ||||||
20 | referendum shall be required for the purchase, construction, | ||||||
21 | or building of any building for school or education purposes | ||||||
22 | if such cost is paid , or will be paid with funds available at | ||||||
23 | the time of contract, purchase, construction, or building in | ||||||
24 | Bloomington School District Number 87's existing fund balances | ||||||
25 | to fund the procurement or requisition of a building or site | ||||||
26 | during the 2022-2023, 2023-2024, or 2024-2025 school year |
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1 | years . | ||||||
2 | For this subsection (d) (c) , the school board must hold at | ||||||
3 | least 2 public hearings, the sole purpose of which shall be to | ||||||
4 | discuss the decision to construct a school building and to | ||||||
5 | receive input from the community. The notice of each public | ||||||
6 | hearing that sets forth the time, date, place, and name or | ||||||
7 | description of the school building that the school board is | ||||||
8 | considering constructing must be provided at least 10 days | ||||||
9 | prior to the hearing by publication on the school board's | ||||||
10 | website. | ||||||
11 | (e) Notwithstanding the provisions of subsection (a), for | ||||||
12 | any school district: (i) that is designated as a Tier 1 or Tier | ||||||
13 | 2 school district under Section 18-8.15, (ii) with at least | ||||||
14 | one school that is located on federal property, (iii) whose | ||||||
15 | overall student population is no more than 4,500 students and | ||||||
16 | no less than 2,500 students, and (iv) that receives a federal | ||||||
17 | Public Schools on Military Installations grant until June 30, | ||||||
18 | 2030, no referendum shall be required if at least 75% of the | ||||||
19 | cost of construction or building of any such building is paid | ||||||
20 | or will be paid with funds received or expected to be received | ||||||
21 | from the Public Schools on Military Installations grant. | ||||||
22 | For this subsection (e), the school board must hold at | ||||||
23 | least 2 public hearings, the sole purpose of which shall be to | ||||||
24 | discuss the decision to construct a school building and to | ||||||
25 | receive input from those community members in attendance. The | ||||||
26 | notice of each public hearing that sets forth the time, date, |
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1 | place, and description of the school construction project must | ||||||
2 | be provided at least 10 days prior to the hearing by | ||||||
3 | publication on the school district's website. | ||||||
4 | (Source: P.A. 102-16, eff. 6-17-21; 102-699, eff. 7-1-22; | ||||||
5 | 103-8, eff. 6-7-23; 103-509, eff. 8-4-23; revised 8-31-23.) | ||||||
6 | Section 99. Effective date. This Act takes effect upon | ||||||
7 | becoming law. |