Bill Text: IL SB0464 | 2023-2024 | 103rd General Assembly | Enrolled

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Amends the School Boards Article of the School Code. In provisions requiring referendum approval to build or purchase a school building, provides that for any school district: (i) that is designated as a Tier 1 or Tier 2 school district under the evidence-based funding provisions of the Code, (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. Provides that 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. Provides that the notice of each public hearing that sets forth the time, date, place, and description of the school construction project must be provided at least 10 days prior to the hearing by publication on the school district's website. Effective immediately.

Spectrum: Slight Partisan Bill (Democrat 12-4)

Status: (Passed) 2024-08-09 - Public Act . . . . . . . . . 103-0878 [SB0464 Detail]

Download: Illinois-2023-SB0464-Enrolled.html

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AN ACT concerning education.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The School Code is amended by changing Section
10-22.36 as follows:
(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,

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place, and description of the school construction project must
be provided at least 10 days prior to the hearing by
publication on the school district's website.
(Source: P.A. 102-16, eff. 6-17-21; 102-699, eff. 7-1-22;
103-8, eff. 6-7-23; 103-509, eff. 8-4-23; revised 8-31-23.)