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TITLE 71: PUBLIC BUILDINGS, FACILITIES AND REAL PROPERTY
CHAPTER I: CAPITAL DEVELOPMENT BOARD
PART 40
TITLE 71: PUBLIC BUILDINGS, FACILITIES AND REAL PROPERTY
CHAPTER I: CAPITAL DEVELOPMENT BOARD
SUBCHAPTER a: RULES
PART 40
STANDARDS FOR AWARD OF GRANTS:
SCHOOL CONSTRUCTION PROGRAM
Section
40.100 Definitions
40.110 General
40.120 Planning Assistance Grants (Repealed)
40.130 Construction Grants
EMERGENCY
40.140 Debt Service Grants (Repealed)
AUTHORITY: Implementing the Capital Development Board Act [20 ILCS 3105] and
authorized by Section 5-55 of that Act, and the School Construction Law [105 ILCS 230].
SOURCE: Adopted at 2 Ill. Reg. 30, p. 140, effective July 27, 1978; amended
at 4 Ill. Reg. 9, p. 233, effective February 14, 1980; amended at 5 Ill. Reg. 1890,
effective February 17, 1981; amended and codified at 8 Ill. Reg. 20342, effective
October 1, 1984; amended at 9 Ill. Reg. 17345, effective October 29, 1985; amended
at 13 Ill. Reg. 6973, effective April 21, 1989; amended at 20 Ill. Reg. 15244,
effective November 15, 1996; emergency amendment at 22 Ill.Reg. 2597, effective
January 13, 1998, for a maximum of 150 days; amended at 22 Ill. Reg. 9518, effective
May 21, 1998; emergency amendment at 23 Ill. Reg. 6521, effective May 12, 1999 for a
maximum of 150 days.
Section 40.100 Definitions
The following definitions shall apply to this Part:
"Enrichment Cost" means expenditures not included in the recognized
project cost and designated as ineligible expenditures by the Capital Development Board.
"Local Share" means funds provided by the local district equal to the
recognized project cost subtracting the State share.
"Recognized Project Cost" means the total of eligible State and local
funds necessary to provide for the acquisition, development, construction, reconstruction,
rehabilitation, improvement, architectural planning and installation of capital facilities
consisting of buildings, structures, durable equipment and land for educational purposes
as determined by the Capital Development Board.
"State Share" means the product of the district grant index and the
recognized project cost, as determined by the Capital Development Board.
"Unit Cost" means a dollar/sq.ft. cost used for determining the recognized
project cost for new construction projects and additions. Costs include A/E design fees,
building construction to the five feet line, fixed equipment, associated legal fees and
contingency.
(Source: Added at 22 Ill. Reg. 9518, effective May 21, 1998)
Section 40.110 General
a) The Capital Development Board (hereinafter "Board") will implement the
School Construction Law through its School Construction Program (hereinafter "SCP").
b) The Board will make no grant awards prior to compliance by the school
district with the State Board of Education regulations for grant entitlement
[105 ILCS 230/5-5].
c) Simultaneous with the submission of applications and district facility
plans to the State Board of Education, such documents shall be submitted to the Board.
The Board shall request submission of additional information in those cases in which the
applications and facilities plans do not include all data necessary to fully evaluate the
building needs, based on enrollment and anticipated program. The Board shall request
submission of additional information related to enrollment and anticipated program where
the application and facilities plans need further clarification, contain discrepancies in
information and/or are missing information needed to fully evaluate the building needs.
d) School districts failing to have access to the local share of funds
within the time period set forth in Section 40.130 (c)(7)(F) of this Part shall be
reprioritized and must update its application to establish its priority ranking for the
following fiscal year.
e) If the School District begins the project in some manner (such as letting
bids, awarding contracts, or starting actual construction) after entitlement is issued by
the State Board of Education, such actions shall have no effect on the eligibility for a
construction grant.
f) School districts shall enter into intergovernmental agreements with CDB
which may include, but are not limited to, provisions for the following:
1) Funding of the State share in progress payments to school
districts for project costs in a manner that meets the needs of the particular
construction project, upon proper submittal by the school district.
2) Agreement of the school district to comply with all applicable
statutes, codes, and rules.
3) Establishment and maintenance of a separate set of accounts for
the construction, study, and planning of the project in accordance with generally accepted
accounting principles (FASB Accounting Standards, Financial Accounting Standards Board, High
Ridge Park, Stanford, Connecticut 06905 (1998) ).
4. Access to the work, materials, payrolls, and other data and
records relevant to the project for purposes of audit and inspection by CDB, or other
authorized agencies.
5. That the Architect retained by the School District shall certify
on each payment submittal that the expenditures were in accordance with the provisions
of the appropriation Act and the terms of the intergovernmental agreement.
6. Increases in project costs added by change order shall not increase
the amount of the State share.
7. If the School District requests CDB to assume administrative or
oversight duties, the extent of those duties requested shall be described in the
intergovernmental agreement.
8. Other provisions as may be necessary, including those required
to ensure a legal and binding agreement.
(Source: Amended at 22 Ill. Reg. 9518, effective May 21, 1998)
Section 40.120 Planning Assistance Grants (Repealed)
(Source: Repealed at 22 Ill. Reg. 9518, effective May 21, 1998)
Section 40.130 Construction Grants
EMERGENCY
Prior to the award of a construction grant, school districts shall meet the following
requirements:
a) Program Statements
Program Statements must be submitted to the Board as part of the school
district's Application for Construction Grant Entitlement for proposed facilities and
sites requiring SCP funding. Program Statements must conform to the SCP Educational
Facilities Program Statement Guidelines as developed by the Board and which will address,
but not be limited to, the following:
1) Project Description and Rationale
2) Occupant Capacity
3) Site Analysis
4) Project Design
5) Funding Sources and Cost Estimates
6) Time Schedule of Major Events
b) Prohibited Uses
Program statements shall not include any on-going operational costs or any
construction projects for which the General Assembly and the Governor have approved
specifically designated funds.
c) Standards for School Site Selection and Approval
1) The local school board shall select the sites for all new projects
subject to the determination of the Board that the proposed site meets all minimum engineering
and construction standards or requirements.
2) Suitability for Development and Construction
A) The site must be free of physical structures, topographical
features or subsurface physical conditions that would preclude necessary construction,
present insurmountable obstacles to safety or normal utilization, shorten building life,
cause excessive delays in project completion, or cause costs to exceed the funds available.
"Necessary construction" shall include but not necessarily be limited to: buildings, utility
lines, storm water disposal arrangements and paving. The local district shall provide a
report, acceptable to the Board, on soil conditions based on the removal of soil for testing.
The cost to the local school district of the soil test and report of that test shall be
considered as a credit to the local share of the recognized project cost if the site is
approved and a grant award is made.
B) The site must not be subject to existing or foreseeable,
harmful or disruptive environmental hazards and nuisances. Such hazards and nuisances may
include, but are not necessarily limited to: excessive dust, smoke, noise, odors, air
pollutants, soil pollutants, floods, ground water incursions, vibrations, explosions, and
electrical discharges. Site acquisition shall be subject to the Farmland Preservation Act
[505 ILCS 75], Interagency Wetland Policy Act of 1989 [20 ILCS 830], Illinois State Agency
Historic Resources Preservation Act [20 ILCS 3410], Archaeological and Paleontological
Resources Protection Act [20 ILCS 3435] and the Illinois Endangered Species Protection Act
[520 ILCS 10], as may be applicable.
3) Availability of Site
A) The local district shall have a period of 150 days from
the time of grant award to acquire title to the site, or rights of use and exclusion sufficient
to carry out the purposes and programs of the school. Such time period may be extended for
60 days by the Executive Director. Any further extension must be approved by the Board.
Extensions will be granted in those cases in which there is a reasonable expectation that
the district will be able to acquire the site within the period of the extension and the
delay has been occasioned by a condition beyond the control of the district, such as a
delay in acquiring a title commitment.
B) A grant will not be awarded until the Board has had a
reasonable opportunity to enter upon the site, inspect it in detail, and conduct whatever
site tests are deemed necessary to establish the suitability of the site for school purposes.
C) The Board will not approve a site unless its development and
use for the proposed school is in compliance with applicable laws, or unless action has been
taken to bring variation of same into compliance.
D) When street vacations, utility relocations, or such action
will be required prior to start of construction, the local district must present documentation
that such actions will be approved by the responsible local governmental units before the Board
will approve the site.
4) Site Size and Configuration
A) The proposed site must contain usable space sufficient in size
and of regular configuration so as to accommodate the school's on-site program as well as to
accommodate ancillary functions that are better served on-site than off-site, such as parking,
bus loading and unloading, casual student assembly and play, and pedestrian movement between
different points on the site.
B) The school's on-site program shall be defined to include the
school's instructional program and any other activities and events the applicant school
district plans to conduct on the site. The applicant may tailor its on-site program to
fit the site proposed. Determination of the adequacy of the site's space in terms of the
number of students shall be based on the design capacity of the school building.
C) Space for Buildings
In addition to those portions of the site required for
other purposes, there must be a portion or portions of the site that are of such size,
shape and physical quality that they are sufficient to accommodate the buildings that
would be required by the maximum design enrollment of the school. This "building reserve"
must be at least sufficient in ground area to provide for gross floor space, as set forth in
the section on space standards for new construction, subsection (c)(4)(D) of this Section.
For facilities with more than one floor the "building reserve" must be at least sufficient
in ground area to provide for one-half the gross floor space.
D) Non-Building Space
i) At a minimum, the site must provide amounts of space
(in addition to that reserved for buildings to meet "Special Requirements" as defined in
subsection (c)(4)(E) of this Section of a shape, character and location that the site can
readily be improved to provide areas suitable for physical education and recreation, any
planned accommodation of vehicles, and the accommodation of outdoor access, circulation
and evacuation in accordance with CDB's List of Eligible Capital Infrastructure Program
Expenditures for Construction of New School Facilities (see subsection (c)(7), "List of
Eligible Expenditures").
ii) For additions to existing schools, the addition
should not be planned on existing open space and/or playground area of existing schools,
unless it can be demonstrated that the construction of the addition will not reduce the
amount of space necessary to fulfill the program and provide adequate recreational space.
E) Special Requirements
Irrespective of required minimums, the site must be of
sufficient size to provide for the following needs as indicated:
i) Space for Outdoor On-Site Program
There must be a portion or portions of the site,
in addition to those reserved for other purposes, that are of such size, shape and physical
character that they can be readily improved to accommodate the safe conduct of the outdoor
portions of the on-site school program. The site must permit the safe conduct of a
physical education program that meets district standards, taking into account the varying
physical capacities of students, types and amounts of activities in the physical education
program, and the daily and yearly time schedule of the school.
ii) Accommodation of Vehicles
There must be portions of the site, in addition to
those necessary for other purposes, that are of such size, shape, physical quality and location
that they can provide spaces for vehicles as indicated below without contravening local zoning
ordinances: safe loading and unloading areas for school buses, where areas are necessary to the
safety of students from street traffic; secure and convenient parking spaces for staff, visitors,
and students in conformance with district policies; and safe accommodation of delivery and service
vehicles involved in serving the school.
iii) Access, Circulation, Evacuation Assembly
There must be portions of the site of such size, shape,
physical quality and location that they can be improved to provide: unobstructed exterior
avenues of escape from the exits of all proposed buildings and the areas adjacent to buildings
in the event that evacuation is necessary; safe and convenient circulation by students between
and among the building(s) and outdoor activity areas of the site; safe accommodation for the
unsupervised outdoor assembly of students and their pastimes before school, after school, at
lunch breaks and at recesses; safe accommodation of the outdoor assemblies of students and
spectators occasioned by school-sponsored spectator events to be held on the site.
F) Variance of Site Size and Configuration
The Board will approve a proposed site which does not meet
the minimum requirements of this subsection (c)(4) when all the following criteria have been met:
i) The local school board petitions the State Board of
Education and the Board for a variance from the minimum requirements of this subsection (c)
(4) stating with specificity the reasons for such variance.
ii) The State Board of Education certifies to the Board
that the variance complies with all requirements of the School Code and rules of the State
Board of Education (23 Ill. Adm. Code 151).
5) Utilities and Services
A) Water Supply
Water must be available at the site in sufficient volume and
delivery rates and of appropriate quality to serve the firefighting needs of the proposed
school as well as to accommodate other forms of water consumption.
B) Sanitary Sewage Disposal
The location or character of the site must not prevent the
disposal of sanitary sewage from the school.
C) Storm Water Disposal
The location or character of the site must not prevent the
disposal of storm water from the school.
D) Electric, Power, Telephone, Gas
The site must present no obstacles to the provision of electric
power, telephone services, and whatever gas service the school may require at the point in the
construction process when utility hook-ups are made.
E) Solid Waste Management Systems
Solid waste management services must be available to the site.
6) Architect-Engineer Selection
The selection of an architect-engineer shall be in accordance with the
Local Government Professional Services Selection Act [50 ILCS 510].
7) List of Eligible Expenditures:
A) CDB will participate in the funding of academic facilities for
all programs approved by the State Board of Education.
B) CDB's participation in the funding of administrative facilities
is limited to that space required for the administration of the educational and support program
of the school. CDB will not participate in funding administrative facilities intended for
district administration.
C) CDB will not fund facilities intended for commercial use by
profit making organizations. This is not meant to exclude facilities to be operated by non-profit
organizations such as student groups, PTAs, etc.
D) Although CDB encourages development of facilities intended for
joint use by school and community, CDB's participation in the funding of facilities intended
for joint use by school and community is limited to those items required to meet the needs
of the school's educational and support programs.
E) CDB will not participate in funding facilities designed
exclusively for interscholastic activities. For example, although CDB will fund locker facilities
in sufficient numbers to provide for the physical education program needs of a school's own students,
CDB will not fund separate locker facilities for the exclusive use of visiting school teams.
F) Off-site improvements are defined as any improvements outside of
the property line. Off-site improvements are not recognized as eligible project costs except under
exceptional circumstances and only in those cases where the off-site improvements are necessary to
the functional operation of a school facility. The following specific policies apply to off-site improvements:
i) Off-site improvements that exceed the requirements needed
for the project are ineligible project costs. For example, if a larger water main is desired by
the locality than is needed for the school project itself, CDB will not participate in any cost
attributable to the increased size of the main.
ii) The district must provide certification that local and/or
federal funding sources are not available to the district or any other public body for off-site
improvements before CDB will consider participation in their funding.
iii) CDB's participation in funding off-site improvements is
only permitted if the off-site property or interest in the property, such as an easement or leasehold,
is owned by a public body.
iv) Prior to grant award, as part of the pre-grant analysis, CDB
will perform a cost-benefit analysis regarding the implications of off-site improvements for
alternative sites. In evaluating need for off-site improvements, CDB will consider trade-offs
among factors such as cost of off-site improvements, cost of site, and desirability of site location.
For example, site acquisition cost plus major off-site improvements cost may still be less for one
site than for another site requiring only minor off-site improvements. In such special cases,
a site requiring major off-site improvements could be preferred. However, the specific policies
in subsections (c)(7)(F)(i), (ii) and (iii) still apply.
G) On-site improvements may be defined as any improvements outside
the building's 5-feet line but inside the property line of the site. CDB's participation in funding
on-site improvements is limited to those minimum requirements that are necessary to making the
site functionally operational.
H) CDB will evaluate space types of a sophisticated nature that
support specialized activities in an elementary, middle/junior high school or high school.
CDB will identify facilities of this type. Justification must be based on programmatic need.
Such justification, to obtain the support of CDB, must have the support and concurrence of the
State Board of Education.
I) CDB will participate in the funding of vocational/technical
facilities for all programs approved by the State Board of Education.
8) State and Local Financial Participation in School Construction Projects
A) Determination of Recognized Project Cost
i) Recognized project cost shall be based upon calculations
in accordance with the List of Eligible Expenditures (see subsection (c)(7)) and shall include
unit cost ($/sq.ft.) as follows: buildings constructed to the five feet line, design and construction
contingencies, building fixed equipment; plus additional associated costs as deemed appropriate by
the Board in consultation with local school districts as follows: site improvements including
related A/E fees and reimbursements, land acquisition and associated legal fees for the project
site acquired, movable equipment, and utility service lines, both on-site and off-site, and
special foundation construction and related A/E fees deemed necessary as a result of unusual
sub-surface soil conditions.
ii) The recognized project costs initially calculated by
CDB will establish the maximum acceptable cost of the eligible expenditures. If the bid price
received by the district from the various contractors for the eligible expenditures is less than
this initial calculation, the recognized project cost will be reduced to equal the bid price.
iii) The Board shall establish and include in the List of
Eligible Expenditures (see subsection (c)(7)) unit cost limitations for elementary, secondary
and vocational school construction based upon periodic review and revision of maximum cost
per gross square foot allowances.
B) Project Standards for New Construction and Additions
i) General
CDB shall establish detailed project standards
including space and capacity standards in the List of Eligible Expenditures (see subsection
(c)(7). New schools with adequate space for all necessary instructional and ancillary
activities require more space per students than additions to existing schools. Different
space standards are required to accommodate different grade levels, i.e., Pre-K-6, 7-9, and
9-12. Economies of scale in terms of space per student can be anticipated for larger schools.
ii) Square Footage
The following maximum standards are established for
the determination of the State share of the recognized project cost in connection with a
construction grant:
Square Foot Per Student
ELEMENTARY (Pre-K-6)
Gross square feet
per student 100
per additional student beyond 240 82
MIDDLE/JUNIOR HIGH SCHOOL (7-9)
Gross square feet
per student 120
per additional student beyond 400 100
HIGH SCHOOL (9-12)
Gross square feet
per student 140
per additional student beyond 600 110
C) Remodeling or Rehabilitation
The recognized project cost for remodeling/rehabilitation
projects must be developed on an individual basis with space per student not to exceed standards
set for construction as set forth in subsection (c)(7)(B), and unit costs not to exceed standards
for new construction as established from time to time by the Board.
D) Premises for Space Standards
i) All necessary types of space shall be included for
freestanding schools.
ii) An average space-per-student can be derived from space
type need by level: elementary, middle/junior high and high school.
iii) Space needs for additions to existing schools may be
less than needs for freestanding schools.
iv) A building efficiency (net assignable space to total
space) of 65% is the acceptable minimum.
v) Unit costs ($/sq.ft.) used for determining the recognized
project cost, including A/E design fees, building construction to the five feet line, fixed equipment,
associated legal fees and a contingency shall be no greater than those unit costs established from
time to time by the Board. Said unit costs are determined as needed and are established by the
Board and included in the List of Eligible Expenditures (see subsection (c)(7)). In establishing
unit costs the Board members shall be guided by current costs within the construction industry and
the goal of receiving fair value for public funds expended.
E) Limits on SCP Participation and Site Cost
Districts will not receive Board assistance or credit for acreage
beyond the following maximums:
Elementary (Pre-K-6) - 5 acres plus 1 acre per 100 students,
Middle/Junior High (7-9) - 15 acres plus 1 acre per 100 students,
and High School (9-12) - 20 acres plus 1 acre per 100 students.
F) The State and local share of the recognized project cost shall be
computed by multiplying the recognized project cost by the Grant Index as defined by the School
Construction Law and determined by the State Board of Education. Local districts must have access
to the local share of the recognized project cost within 90 days after the grant award by the Board.
Such period may be extended by the Executive Director for a maximum period of 30 days if the district
demonstrates that appropriate steps have been taken to obtain the district's share of the recognized
project cost and that an additional 30 days is necessary to complete the process. Local school
districts are urged to begin referendum proceedings upon grant entitlement by the State Board of
Education.
G) The local share of the recognized project cost may be placed in
a local trust account pursuant to 71 Ill. Adm. Code 30.
H) School districts may add to a project cost beyond the recognized
project cost with local funds. Funds for such project supplements may be deposited in local trust
accounts.
I) All enrichment project costs that are not included in the recognized
project cost and designated as ineligible expenditures by the Capital Development Board will be paid
by the local district.
(Source: Amended by emergency rulemaking at 23 Ill. Reg. 6521, effective May 12, 1999, for
a maximum of 150 days)
Section 40.140 Debt Service Grants (Repealed)
(Source: Repealed at 22 Ill. Reg. 9518, effective May 21, 1998)
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