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| Public Act 103-0878
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| SB0464 Enrolled | LRB103 02915 RJT 47921 b |
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AN ACT concerning education.
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Be it enacted by the People of the State of Illinois, |
represented in the General Assembly:
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Section 5. The School Code is amended by changing Section |
10-22.36 as follows:
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(105 ILCS 5/10-22.36) (from Ch. 122, par. 10-22.36) |
Sec. 10-22.36. Buildings for school purposes. |
(a) To build or purchase a building for school classroom |
or instructional purposes upon the approval of a majority of |
the voters upon the proposition at a referendum held for such |
purpose or in accordance with Section 17-2.11, 19-3.5, or |
19-3.10. The board may initiate such referendum by resolution. |
The board shall certify the resolution and proposition to the |
proper election authority for submission in accordance with |
the general election law. |
The questions of building one or more new buildings for |
school purposes or office facilities, and issuing bonds for |
the purpose of borrowing money to purchase one or more |
buildings or sites for such buildings or office sites, to |
build one or more new buildings for school purposes or office |
facilities or to make additions and improvements to existing |
school buildings, may be combined into one or more |
propositions on the ballot. |
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Before erecting, or purchasing or remodeling such a |
building the board shall submit the plans and specifications |
respecting heating, ventilating, lighting, seating, water |
supply, toilets and safety against fire to the regional |
superintendent of schools having supervision and control over |
the district, for approval in accordance with Section 2-3.12. |
Notwithstanding any of the foregoing, no referendum shall |
be required if the purchase, construction, or building of any |
such building (1) occurs while the building is being leased by |
the school district or (2) is paid with (A) funds derived from |
the sale or disposition of other buildings, land, or |
structures of the school district or (B) funds received (i) as |
a grant under the School Construction Law or (ii) as gifts or |
donations, provided that no funds to purchase, construct, or |
build such building, other than lease payments, are derived |
from the district's bonded indebtedness or the tax levy of the |
district. |
Notwithstanding any of the foregoing, no referendum shall |
be required if the purchase, construction, or building of any |
such building is paid with funds received from the County |
School Facility and Resources Occupation Tax Law under Section |
5-1006.7 of the Counties Code or from the proceeds of bonds or |
other debt obligations secured by revenues obtained from that |
Law. |
Notwithstanding any of the foregoing, for Decatur School |
District Number 61, no referendum shall be required if at |
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least 50% of the cost of the purchase, construction, or |
building of any such building is paid, or will be paid, with |
funds received or expected to be received as part of, or |
otherwise derived from, any COVID-19 pandemic relief program |
or funding source, including, but not limited to, Elementary |
and Secondary School Emergency Relief Fund grant proceeds. |
(b) Notwithstanding the provisions of subsection (a), for |
any school district: (i) that is a tier 1 school, (ii) that has |
a population of less than 50,000 inhabitants, (iii) whose |
student population is between 5,800 and 6,300, (iv) in which |
57% to 62% of students are low-income, and (v) whose average |
district spending is between $10,000 to $12,000 per pupil, |
until July 1, 2025, no referendum shall be required if at least |
50% of the cost of the purchase, construction, or building of |
any such building is paid, or will be paid, with funds received |
or expected to be received as part of, or otherwise derived |
from, the federal Consolidated Appropriations Act and the |
federal American Rescue Plan Act of 2021. |
For this subsection (b), the school board must hold at |
least 2 public hearings, the sole purpose of which shall be to |
discuss the decision to construct a school building and to |
receive input from the community. The notice of each public |
hearing that sets forth the time, date, place, and name or |
description of the school building that the school board is |
considering constructing must be provided at least 10 days |
prior to the hearing by publication on the school board's |
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Internet website. |
(c) Notwithstanding the provisions of subsections |
subsection (a) and (b), for Cahokia Community Unit School |
District 187, no referendum shall be required for the lease of |
any building for school or educational purposes if the cost is |
paid or will be paid with funds available at the time of the |
lease in the district's existing fund balances to fund the |
lease of a building during the 2023-2024 or 2024-2025 school |
year. |
For the purposes of this subsection (c), the school board |
must hold at least 2 public hearings, the sole purpose of which |
shall be to discuss the decision to lease a school building and |
to receive input from the community. The notice of each public |
hearing that sets forth the time, date, place, and name or |
description of the school building that the school board is |
considering leasing must be provided at least 10 days prior to |
the hearing by publication on the school district's website. |
(d) (c) Notwithstanding the provisions of subsections |
subsection (a) and (b), for Bloomington School District 87, no |
referendum shall be required for the purchase, construction, |
or building of any building for school or education purposes |
if such cost is paid, or will be paid with funds available at |
the time of contract, purchase, construction, or building in |
Bloomington School District Number 87's existing fund balances |
to fund the procurement or requisition of a building or site |
during the 2022-2023, 2023-2024, or 2024-2025 school year |
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years. |
For this subsection (d) (c), the school board must hold at |
least 2 public hearings, the sole purpose of which shall be to |
discuss the decision to construct a school building and to |
receive input from the community. The notice of each public |
hearing that sets forth the time, date, place, and name or |
description of the school building that the school board is |
considering constructing must be provided at least 10 days |
prior to the hearing by publication on the school board's |
website. |
(e) Notwithstanding the provisions of subsection (a), for |
any school district: (i) that is designated as a Tier 1 or Tier |
2 school district under Section 18-8.15, (ii) with at least |
one school that is located on federal property, (iii) whose |
overall student population is no more than 4,500 students and |
no less than 2,500 students, and (iv) that receives a federal |
Public Schools on Military Installations grant until June 30, |
2030, no referendum shall be required if at least 75% of the |
cost of construction or building of any such building is paid |
or will be paid with funds received or expected to be received |
from the Public Schools on Military Installations grant. |
For this subsection (e), the school board must hold at |
least 2 public hearings, the sole purpose of which shall be to |
discuss the decision to construct a school building and to |
receive input from those community members in attendance. The |
notice of each public hearing that sets forth the time, date, |
