Ill. Admin. Code tit. 23, § 145.20 - General Requirements

Current through Register Vol. 46, No. 15, April 8, 2022

a) The school board of a district making initial application for a temporary relocation expense loan or grant shall adopt and submit to the State Board of Education along with its application:

1) a resolution levying the tax provided for by Section 17-2.2c or 17-2.2d of the School Code [105 ILCS 5/17-2.2c or 17 -2.2d] at the maximum rate permitted thereunder, in order to repay the State of Illinois for funds received pursuant to this Part; and

2) a resolution encumbering all insurance proceeds and other resources (e.g., State, federal, local or private funding) payable to or received by the district for relocation expenses for the affected facility and providing that these proceeds shall be paid to the State Board of Education within 30 days after their receipt by the district.

b) Each district shall remit to the State Board of Education all proceeds received by the district from the tax levied under Section 17-2.2c or 17-2.2d of the School Code no later than January 31 of the year following the calendar year to which the proceeds are attributable. Proceeds received by the district after that date may, at the district's discretion, be remitted at any time prior to the next January 31 deadline or may be held by the district and included with that payment. (That is, only one payment per year shall be required, but a district may make additional payments at its option.)

c) Each application shall indicate:

1) whether the application is for a loan, a grant, or both;

2) the date and nature of the qualifying event leading to the application;

3) that the school board has adopted a plan to house the displaced students permanently;

4) the time required to effect the permanent solution described in the plan;

5) an estimate of the necessary temporary relocation expenses to be incurred that have been determined to be allowable under Section 145.30(a) of this Part and a description of the necessity for them;

6) an estimate of the amount of insurance proceeds to be received;

7) an estimate of the amount of funds that can be raised through the levy of the tax called for in Section 17-2.2c or 17-2.2d of the School Code;

8) an estimate of other anticipated revenue as described in subsection (a)(2) of this Section; and

9) an agreement to comply with Section 2-3.77 of the School Code and this Part and to authorize the State Superintendent of Education to deduct from the district's general State aid any amount owed to the State Board under this Part which is in default.

d) Initial applications shall be considered on a first come, first served basis based on the order of the date in which each is received as long as funds remain available.

e) Districts eligible but not receiving funding due to insufficiency of the appropriation shall receive first consideration in the subsequent fiscal year in accordance with subsection (d) of this Section, provided that funding is available. Expenditures incurred in a previous fiscal year that were not reimbursed in that year are not allowable in subsequent fiscal years.

f) No later than December 1 of each fiscal year, a renewal application shall be submitted with updated information about the expenditures estimated to be incurred in the subsequent year, as well as updated information about the anticipated funding to be received by the district in that year (see subsection (c) of this Section).

g) If the district later receives other funding to cover the expenses it had included in its initial or any renewal applications submitted for a loan or grant, then the district shall return to the State Superintendent of Education an amount equal to those covered expenses no later than 30 days after receipt of the funding.

h) Any amount that the district does not receive as previously expected from funds initially designated under subsections (c)(6) and (c)(8) of this Section and for which funding is requested, if any, shall be documented in subsequent renewal applications

i) If the district's equalized assessed valuation increases during the loan repayment period, then the district shall levy the tax provided for by Section 17-2.2c or 17-2.2d of the School Code at the maximum rate permitted and the excess generated shall be remitted to the State Board of Education for deposit into the State's Temporary Relocation Fund.

Notes

Ill. Admin. Code tit. 23, § 145.20

Amended at 34 Ill. Reg. 6494, effective April 22, 2010