il-v50i40-23-ill-adm-code-151: 23 Ill. Adm. Code 151 — School Construction Program

1) Heading of the Part: School Construction Program 2) Code Citation: 23 Ill. Adm. Code 151 3) Section Numbers: Adopted Actions: 151.100 Amendment 151.110 Amendment 151.130 Amendment 151.230 Amendment 4) Statutory Authority: Implementing the School Construction Law [105 ILCS 230] and authorized by Section 5-55 of that Law. 5) Effective Date of Rule: September 15, 2026 6) Does this rulemaking contain an automatic repeal date? No 7) Does this rulemaking contain incorporations by reference? No 8) A copy of the Adopted Rule, including any material incorporated by reference, is on file in the Agency's principal office and is available for public inspection. 9) Notice of Proposal Published in Illinois Register: 50 Ill. Reg. 4947; April 3, 2026 10) Has JCAR issued a Statement of Objection to this rule? No 11) Differences between Proposal and Final Version: In Section 151.130(b)(3)(B), "district's" is changed to "districts'". 12) Have all the changes agreed upon by the agency and JCAR been made as indicated in the agreements issued by JCAR? Yes 13) Will this rulemaking replace an emergency rule currently in effect? No 14) Are there any rulemakings pending on this Part? No 15) Summary and Purpose of Rulemaking: 23 Ill. Adm. Code 151 governs the school construction project grant program, school maintenance project grant program (SMPG), and the school energy efficiency project grant program (SEEPG). This proposed ILLINOIS STATE BOARD OF EDUCATION NOTICE OF ADOPTED AMENDMENTS rulemaking updates language in the SMPG and SEEPG related to prioritizing grant awards through a need index. The rules currently base the need index on a district's local equalized assessed valuation and average daily attendance taken from general state aid claims. The proposed rules change this outdated language so that a school district's need index is its final percent of adequacy from the current fiscal year's Evidence-Based Funding calculation. For other applicants, including joint agreements and regional offices of education, the need index will be calculated as the weighted average, based on average student enrollment, of the final percent of adequacy of the applicant's member districts. The proposed rulemaking also updates the SMPG to align with Public Act 103-713, which added regional offices of education and intermediate service centers as eligible grant applicants and added the requirement that grant funds be used only on publicly owned property. Additionally, the proposed rulemaking removes a line that has caused confusion related to eligible projects. 16) Information and questions regarding this adopted rulemaking shall be directed to: Azita Kakvand Agency Rules Coordinator Illinois State Board of Education 555 West Monroe Street Chicago, Illinois 60661 (312) 793-2757 rules@isbe.net The full text of the Adopted Amendments begins on the next page: ILLINOIS STATE BOARD OF EDUCATION NOTICE OF ADOPTED AMENDMENTS TITLE 23: EDUCATION AND CULTURAL RESOURCES SUBTITLE A: EDUCATION CHAPTER I: STATE BOARD OF EDUCATION SUBCHAPTER c: FINANCE PART 151 SCHOOL CONSTRUCTION PROGRAM SUBPART A: SCHOOL CONSTRUCTION PROJECT GRANTS Section 151.5 Definitions 151.10 Purpose 151.20 Eligible Applicants 151.30 Application for School Construction Project Grant Awards 151.35 Application for School Construction Project Grant Awards − Districts With A Population Exceeding 500,000 151.40 Award of Conditional Construction Project Grants 151.50 Priority Ranking of Construction Project Grant Awards 151.55 Needed Capacity for Unit Districts 151.60 Grant Index (Repealed) 151.70 Debt Service Grants (Repealed) SUBPART B: SCHOOL MAINTENANCE PROJECT GRANTS Section 151.100 Purpose; Eligible Applicants 151.110 Definitions 151.120 Application for School Maintenance Project Grants 151.130 Award of School Maintenance Project Grants − Applicants With a Population of 500,000 or Fewer 151.135 Award of School Maintenance Project Grants − School Districts With a Population Exceeding 500,000 151.140 Terms of the Grant SUBPART C: SCHOOL ENERGY EFFICIENCY PROJECT GRANTS Section 151.200 Purpose; Eligible Applicants ILLINOIS STATE BOARD OF EDUCATION NOTICE OF ADOPTED AMENDMENTS 151.210 Definitions 151.220 Application for School Energy Efficiency Project Grants 151.230 Award of School Energy Efficiency Project Grants − Applicants with a Population of 500,000 or Fewer 151.235 Award of School Energy Efficiency Project Grants − School Districts with a Population Exceeding 500,000 151.240 Terms of the Grant AUTHORITY: Implementing the School Construction Law [105 ILCS 230] and authorized by Section 5-55 of that Law. SOURCE: Emergency rules adopted at 22 Ill. Reg. 2616, effective January 16, 1998, for a maximum of 150 days; emergency rules modified in response to JCAR objection at 22 Ill. Reg. 4500; emergency rules expired June 15, 1998; emergency rules adopted at 22 Ill. Reg. 6238, effective March 24, 1998, for a maximum of 150 days; emergency rules modified in response to JCAR objection at 22 Ill. Reg. 7703; emergency expired June 15, 1998; new Part adopted at 22 Ill. Reg. 12538, effective July 6, 1998; emergency amendment at 23 Ill. Reg. 11336, effective September 1, 1999, for a maximum of 150 days; amended at 24 Ill. Reg. 497, effective January 3, 2000; amended at 24 Ill. Reg. 5661, effective March 17, 2000; amended at 26 Ill. Reg. 886, effective January 15, 2002; amended at 32 Ill. Reg. 7410, effective April 22, 2008; amended at 33 Ill. Reg. 7919, effective June 1, 2009; amended at 34 Ill. Reg. 3000, effective February 18, 2010; amended at 35 Ill. Reg. 7416, effective April 25, 2011; amended at 36 Ill. Reg. 5605, effective March 20, 2012; amended at 39 Ill. Reg. 10035, effective June 30, 2015; emergency amendment at 44 Ill. Reg. 9256, effective May 15, 2020, for a maximum of 150 days; emergency expired October 11, 2020; amended at 47 Ill. Reg. 11439, effective July 12, 2023; amended at 50 Ill. Reg. 14577, effective September 15, 2026. SUBPART B: SCHOOL MAINTENANCE PROJECT GRANTS Section 151.100 Purpose; Eligible Applicants a) This Subpart implements the School Construction Law [105 ILCS 230], which requires that the State Board of Education issue grants for school maintenance projects to be completed on publicly owned property. b) Any school district, regional office of education, intermediate service center, cooperative high school, Type 40 area vocational center, or special education cooperative may apply for a grant. An eligible applicant may apply for and receive more than one grant during a fiscal year. For purposes of this Subpart B, ILLINOIS STATE BOARD OF EDUCATION NOTICE OF ADOPTED AMENDMENTS the term "district" shall be understood to include each of these eligible entities. (Source: Amended at 50 Ill. Reg. 14577, effective September 15, 2026) Section 151.110 Definitions As used in this Subpart: "Cooperative high school" means a program established pursuant to Section 10- 22.22c of the School Code [105 ILCS 5/10-22.22c]. "Emergency project" means a project made necessary by a disaster described in Section 5-30(1) of the School Construction Law. Conditions caused by age or lack of timely maintenance shall not constitute an emergency. Costs of an emergency project that are covered by insurance may not be claimed as part of an emergency project. "Grant" means a school maintenance project grant. "Health/life safety project" means a project that is necessary to correct a violation of the Health/Life Safety Code for Public Schools (23 Ill. Adm. Code 180) or to provide handicapped accessibility or school security. "Ongoing operational costs" means ordinary maintenance expenses incurred in the course of the applicant's operations, including expenses for employee salaries and benefits, materials and supplies. "Other project" means a project other than an emergency project, health/life safety project, State program priority project, or permanent improvement project. "Permanent improvement project" means a project designed to upgrade or install building systems (e.g., air conditioning, electrical, or plumbing systems) or involving other improvements to a building or structure so that the building or structure is better adapted to the applicant's educational programs. "Regional office of education" has the meaning set forth in Article 3A of the School Code [105 ILCS 5/Art. 3A] and includes the chief administrative officer of the educational service centers established pursuant to Section 2-3.62 of the School Code [105 ILCS 5/2-3.62] (Section 3-0.01 of the School Code). ILLINOIS STATE BOARD OF EDUCATION NOTICE OF ADOPTED AMENDMENTS "School maintenance project" or "project" means a project, other than a school construction project as defined in Section 5-5 of the School Construction Law or a school energy efficiency project as defined in Section 5-200 of the School Construction Law [105 ILCS 230/5-5 and 5-200], intended to provide for the maintenance or upkeep of buildings or structures for educational purposes, but does not include ongoing operational costs [105 ILCS 230/5-5]. A project may involve different types of work on a single building or structure, or may involve a single type of work (e.g., new roofing or windows) on several buildings or structures. There is no limit to the cost of a project; however, grant awards shall not exceed $50,000 per project, and applicants shall provide a match from local funds equal to the grant amount requested. "Special education cooperative" means a cooperative established pursuant to Section 10-22.31 of the School Code [105 ILCS 5/10-22.31]. "State program priority project" means a project that is necessary for energy conservation or that adapts a building or structure to better serve students in a specific program for which the applicant receives funding under the School Code (e.g., preschool education, school technology). "Type 40 area vocational center" means a career center that is designated by the State Superintendent of Education and jointly owned and operated by member school districts. (Source: Amended at 50 Ill. Reg. 14577, effective September 15, 2026) Section 151.130 Award of School Maintenance Project Grants – Applicants With a Population of 500,000 or Fewer Grant awards to applicants with a population of 500,000 or fewer shall be made as provided in this Section. a) An applicant that submits a timely, complete, and accurate application that is in compliance with the School Construction Law and this Subpart and that indicates that the applicant has a qualifying project shall be awarded a grant for the approved project provided that the appropriation is sufficient to fund the grant. b) If the appropriation for any fiscal year is insufficient to fund all approved projects, ILLINOIS STATE BOARD OF EDUCATION NOTICE OF ADOPTED AMENDMENTS grants shall be awarded in the following order until the appropriation is exhausted. 1) Grants shall be awarded in rounds, with each applicant being allowed one approved project per round. 2) Within each round, grants shall be awarded in order of the five priorities established in Section 5-100(b) of the School Construction Law and as defined in Section 151.110 of this Part: A) Emergency projects, B) Health/life safety projects, C) State priority projects, D) Permanent improvement projects, and E) Other projects. 3) Within each priority, grants shall be awarded in order of the applicant's need index, proceeding from least to greatestgreatest to least. A) For a school district applicant, the need index shall be the final percent of adequacy from the current fiscal year's evidence-based funding calculation.determined by dividing the equalized assessed valuation per pupil in average daily attendance of the school district at the 90 percentile of wealth for districts of that type (i.e., elementary, high school, or unit) by the equalized assessed valuation per pupil in average daily attendance of the applicant. B) For regional offices of education, intermediate service centers, cooperative high schools, Type 40 area vocational centers, or special education cooperatives, the need index shall be the weighted average of the member districts' final percent of adequacy from the current fiscal year's evidence-based funding calculation and will be calculated as follows: i) Weighted percent of adequacy per member district = ILLINOIS STATE BOARD OF EDUCATION NOTICE OF ADOPTED AMENDMENTS member district's percent of total average student enrollment x final percent of adequacy for the district. ii) Sum of weighted adequacy per member district = need index. For an applicant that does not possess property taxing authority, its equalized assessed valuation per pupil in average daily attendance shall be that of the school district in which the greatest number of the applicant's students reside. C) For purposes of calculating the need index, the equalized assessed valuation and average daily attendance shall be taken from the general state aid claims filed in the fiscal year for which a grant is made. The average daily attendance to be used shall be the district's best three months average daily attendance. c) An approved application from the first round that is not funded because of an insufficient appropriation shall be placed ahead of new applications filed in a subsequent round within the same fiscal year, provided the applicant submits an updated application. (Source: Amended at 50 Ill. Reg. 14577, effective September 15, 2026) SUBPART C: SCHOOL ENERGY EFFICIENCY PROJECT GRANTS Section 151.230 Award of School Energy Efficiency Project Grants – Applicants with a Population of 500,000 or Fewer Grant awards to applicants with a population of 500,000 or fewer residents shall be made as provided in this Section. a) An applicant that submits a timely, complete and accurate application that is in compliance with the School Construction Law and this Subpart and that indicates that the applicant has a qualifying project shall be awarded a grant for the approved project provided that the appropriation is sufficient to fund the grant. b) If the appropriation for any fiscal year is insufficient to fund all approved projects, then grants shall be awarded in the following order until the appropriation is exhausted. 1) Grants shall be awarded in rounds, with each applicant being allowed one approved project per round. 2) Within each round, grants shall be awarded in order of the applicant's need index, proceeding from least to greatestgreatest to least. c) For a school district applicant, the need index shall be the final percent of adequacy from the current fiscal year's evidence-based funding calculation. For all other applicants, the need index shall be the weighted average of the member district's final percent of adequacy from the current fiscal year's evidence-based funding calculation and will be calculated as follows:determined by dividing the equalized assessethvaluation per pupil in average daily attendance of the school district at the 90 percentile of wealth for districts of that type (i.e., elementary, high school, or unit) by the equalized assessed valuation per pupil in average daily attendance of the applicant. 1) Weighted percent of adequacy per member district = member district's percent of total average student enrollment x final percent of adequacy for the district.For an applicant that does not possess property taxing authority, its equalized assessed valuation per pupil in average daily attendance shall be that of the school district in which the greatest number of the applicant's students reside. 2) Sum of weighted adequacy per member district = need index.For purposes of calculating the need index, the equalized assessed valuation and average daily attendance shall be taken from the general state aid claims filed in the fiscal year for which a grant is made. The average daily attendance to be used shall be the district's best three months average daily attendance. (Source: Amended at 50 Ill. Reg. 14577, effective September 15, 2026)