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

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40.120   Planning Assistance Grants (Repealed)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40.140   Debt Service Grants (Repealed)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)