Section 43.100  Definitions

 

As used in this Part, the following terms shall be defined as follows:

 

"Act" means Section 5-300 of the School Construction Law [105 ILCS 230].

 

"Board" means the Capital Development Board.

 

"Early Childhood Center" means a facility, which does not include a private residence, where a public school district or not-for-profit entity provides educational, health, social and/or child development services to young children, ages 0 to 5 years old, and their families.

 

"Early Childhood Construction Grant" or "Grant" means the Early Childhood Construction Grant created by the Act.

 

"Early Childhood Construction Project" or "Project" means a project, other than a school construction project, school maintenance project, or school energy efficiency project as defined in the School Construction Law, that provides for the acquisition, construction, expansion or renovation of an early childhood center that is owned or will be owned by the grant recipient.  A Project may include, as part of the overall capital project, equipping the facility.  Other equipment purchases are also allowed provided that the equipment has a significant useful life and otherwise complies with the requirements of this Part.  Projects may not include any ongoing operational costs.

 

"Equipment" means movable equipment, including all items of equipment, other than built-in equipment, necessary and appropriate for the functioning of a facility that is purchased, renovated, or constructed with grant funds, and that will be used solely or primarily for purposes related to the mission of an early childhood center.  Further, equipment is defined as durable manufactured items that have a significant useful life of at least 12 years, that are not affixed to a building and are capable of being moved or relocated from room to room or building to building, that are not consumed in use, and that have an identity and function that will not be lost through incorporation into a more complex unit. 

 

Equipment includes:

 

office/household equipment and furniture;

 

machinery, implements and major tools;

 

scientific instruments and apparatus with the exception of those items that are subject to a short useful life (e.g., glassware, tubing, crockery, and light bulbs); and

 

Transportation costs and installation costs incurred from an outside source.

 

Equipment does not include:

 

commodities;

 

library books, maps, and paintings;

 

livestock, for any use;

 

rolling stock (e.g., cars, trucks, boats, related items); or

 

spare and replacement parts.

 

"GATA" means the Grant Accountability and Transparency Act [30 ILCS 708].

 

"GATA Rules" means 44 Ill. Adm. Code 7000.

 

"Not-for-Profit Corporation" means an organization:

 

incorporated under state laws and in good standing with the Illinois Secretary of State; and

 

operating for educational, charitable, social, religious, civic or humanitarian purposes.

 

"Not-for-Profit Entity" means a not-for-profit corporation or unit of local government (e.g., community college district, park district).

 

"Notice of Funding Opportunity" means the Board's formally issued announcement of the availability of State funding for the Early Childhood Construction Grant program.

 

"Public School District" means a public school district recognized as such by the Illinois State Board of Education pursuant to Sections 2-3.25 of the School Code, which includes other public entities responsible for administering public schools, such as cooperatives, joint agreements, charter schools, special charter districts, regional offices of education, local agencies, and the Department of Human Services. [105 ILCS 5/2-3.25a]  "Public school district" includes a Type 40 area vocational center or special education cooperative that is jointly owned, if the joint agreement includes language that specifies how the debt obligation is to be paid, including in the event that an entity withdraws from the joint agreement.

 

"Underserved Children" means children from marginalized communities and populations aged 0 to 5 years old who exceed the number of enrollment slots designated for their age groups at early childhood centers in the area served by those centers.

 

(Source:  Amended at 49 Ill. Reg. 6880, effective May 5, 2025)

 

Section 43.110  Eligible Applicants

 

a)         Eligible applicants for Early Childhood Construction Grants include any public school district or not-for-profit entity with experience in providing educational, health, social and/or child development services to young children and their families. 

 

b)         A not-for-profit entity with experience in providing educational, health, social and/or child development services to young children and their families that rents or leases from another not-for-profit entity shall be considered an eligible entity.  When a not-for-profit entity rents or leases from another not-for-profit, the not-for-profit owner of the facility to be improved with grant funds may be required to be a guarantor for the not-for-profit entity operating the early childhood center.  When required, the owner, as guarantor, must agree to repay any grant funds required to be returned to CDB when the not-for-profit entity operating the early childhood center fails make the repayment.  CDB may require the owner of the facility to be a guarantor when the award amount is greater than $200,000.

 

c)         An early childhood center operated by a not-for-profit entity must be licensed as a day care center in accordance with the Department of Children and Family Services' rules (89 Ill. Adm. Code 407, Licensing Standards for Day Care Centers).

 

(Source:  Amended at 49 Ill. Reg. 6880, effective May 5, 2025)

 

Section 43.120  Early Childhood Construction Project Grants Eligibility Requirements

 

Eligible applicants must meet the following criteria:

 

a)         Applicants must be willing to enter into the Uniform Grant Agreement required by GATA Rules (see 44 Ill. Adm. Code 7000.300) with the Board that outlines the roles, responsibilities and obligations of each party; 

 

b)         Applicants must be "qualified" to be an awardee on the GATA implementation website for the State of Illinois as required by GATA Rules (see 44 Ill. Adm. Code 7000.70);

 

c)         Applicants must demonstrate that they have funding, or demonstrate and certify that they will have funding for any required match, plus any project costs that will exceed the grant amount and required match;

 

d)         Applicants must demonstrate that the early childhood center for which the grant is sought addresses the needs of underserved populations of young children in the community and any additional priorities identified in the Notice of Funding Opportunity;

 

e)         Applicants must provide a narrative describing the proposed project, including the following components:

 

1)         General project description;

 

2)         A description of the new or expanded services/programs to be offered as a result of the project, the estimated number of children to be served by each, and the estimated date/year of completion;

 

3)         Evaluation of the proposed project site;

 

4)         Funding sources and cost estimates for the project;

 

5)         The design and construction schedule for the project; and

 

6)         An assurance that the applicant meets or will meet applicable licensing and/or accreditation standards by the completion of the capital project;

 

f)         Applicants must provide a description of the population to be served.  The description shall include:

 

1)         How the eligible population is identified;

 

2)         How the eligible population will be recruited;

 

3)         The geographic area to be served;

 

4)         The estimated number of children and/or families to be enrolled using data provided by the State;

 

5)         Population of children to be served in new or expanded programs, as applicable, including the ages and percentage of underserved children; and

 

6)         Staff to child ratios for new/expanded programs and, if applicable, proposed changes to current staff to child ratios; and

 

g)         Applicants must provide any other documentation required by the Notice of Funding Opportunity for the grant program.

 

(Source:  Amended at 49 Ill. Reg. 6880, effective May 5, 2025)

 

Section 43.130  Award of Early Childhood Construction Project Grants

 

a)         Not-for-profit Applicants/Applicants that are not School Districts with Populations Exceeding 500,000

 

1)         The Board is authorized to make grants to public school districts and not-for-profit entities for early childhood construction grants.  These grants shall be paid out of monies appropriated for that purpose.

 

2)         Applicants will be evaluated and scored as outlined in the Notice of Funding Opportunity and in accordance with this Part.  Grants will be awarded to eligible applicants in a priority order from available State funds.  Priority order permits the Board to give preference to projects located in communities in the State with the greatest underserved population of young children, utilizing Census data and other reliable local early childhood service data (Section 5-300(c) of the Act).

 

b)         Applicant School Districts with Populations Exceeding 500,000

A school district with a population exceeding 500,000 that submits a complete and accurate application in compliance with the Act and this Part shall be awarded grants totaling at least 20% of the total amounts awarded for each school year when grants are awarded, as provided by the Act.

 

(Source:  Amended at 49 Ill. Reg. 6880, effective May 5, 2025)

 

Section 43.140  Use of Grant Monies

 

a)         A recipient of a grant under the Act and this Part may use the grant monies to do one or more of the following:

 

1)         Construction of an addition to or otherwise expanding an existing facility;

 

2)         New construction of a facility or renovations to an existing facility in order to create a new early childhood center;

 

3)         Acquisition of a facility;

 

4)         Purchase or replacement of equipment;

 

5)         Safety improvements; and

 

6)         Classroom conversions.

 

b)         Grant funds shall not be used for the following:

 

1)         To offset existing debt;

 

2)         To supplant existing funds that support a service, program or activity for which Grant support is requested;

 

3)         To fund expenses associated with the operations of the early childhood center;

 

4)         To lease/rent space for occupancy;

 

5)         To make leasehold improvements, except as provided in Section 43.110(b);

 

6)         To use for sectarian instruction, religious worship or a school or department of divinity; and

 

7)         To use for the proportional share of joint use facilities that either provide personal residential space for those who are not students or provide space for business activities unrelated to the mission of the early childhood center.

 

(Source:  Amended at 49 Ill. Reg. 6880, effective May 5, 2025)

 

Section 43.150  Evaluation Process

 

Applications will be reviewed based upon the following criteria:

 

a)         Quality of rationale for documented need for the project with priority given to projects located in those communities in the State with the greatest underserved population of young children and any other subset of that population identified in the Notice of Funding Opportunity.

 

b)         Ability of the applicant to successfully complete project objectives described in the grant application.

 

c)         Quality of evidence used to support the likelihood of the applicant to implement and sustain the early childhood center's new operations upon completion of the project.

 

d)         Quality of the proposed budget and timeline for the completion of the project, including a detailed description of additional funds to be used toward the applicant's financial contribution and the readiness of the project to begin once the grant funds are awarded.

 

e)         As applicable, any other criteria listed in the Notice of Funding Opportunity for the grant program.

 

(Source:  Amended at 49 Ill. Reg. 6880, effective May 5, 2025)

 

Section 43.160  Grant Award Process

 

a)         Grants will be awarded by the Board in rank order.

 

b)         The Board will notify both those applicants who are recommended for an award as well as those who will not be offered a grant.  Those applicants who do not receive an award are eligible to submit future applications if funding is available.

 

c)         Grants shall be subject to the Illinois Grant Funds Recovery Act [30 ILCS 705]. Any grant funds not legally obligated within two years after disbursement by the State shall be returned to the Board within 45 days.

 

d)         Grant funds may only be used for the project described in the grant agreement. The applicant must provide matching funds as required by the Act.

 

e)         Applicants must demonstrate their ability to obtain the required match and any amounts needed for the proposed project that exceed the grant amount.

 

f)         Applicants must demonstrate that the facility for which the grant is sought will continue to be operated by the applicant as an early childhood center for at least 10 years after completion of the capital project. (See Section 5-300(b)(5) of the Act.)

 

g)         Grant awards are conditioned upon the recipient's written certification that it will comply with applicable laws, including, but not limited to, the equal employment practices of:

 

1)         Section 2-105 of the Illinois Human Rights Act [775 ILCS 5];

 

2)         the Illinois Accessibility Code (71 Ill. Adm. Code 400);

 

3)         the Prevailing Wage Act [820 ILCS 130];

 

4)         the practices for minority-owned businesses, woman-owned businesses, and businesses owned by persons with disabilities of the Business Enterprise for Minorities, Women and Persons with Disabilities Act [30 ILCS 575]; and

 

5)         the Illinois Works Jobs Program Act Apprenticeship Initiative [30 ILCS 559/20-20], when applicable.

 

h)         Grants will be awarded based on the availability of funding within a given application period.

 

i)          Appeals for this grant program shall follow the process provided in 44 Ill. Adm. Code 7000.350(g).  All appeals shall be submitted in writing as provided in the Notice of Funding Opportunity.

 

(Source:  Amended at 49 Ill. Reg. 6880, effective May 5, 2025)

 

Section 43.170  Reporting

 

The Grant recipient must submit performance and financial progress report to the Board as outlined in the Grant agreement.  The Board may assist each Grant recipient in meeting the goals and objectives stated in the original Grant proposal submitted by the recipient, and may assist the Grant recipient in ensuring that Grant monies are being used for appropriate purposes, and that residents of the community are being served by the Early Childhood Centers established with Grant monies.  Deadlines may be extended at the discretion of the Board only in extraordinary circumstances not in control of the Grant recipient.

 

(Source:  Amended at 45 Ill. Reg. 11564, effective September 3, 2021)

 

Section 43.180  Payment Schedules

 

Grant funds will be disbursed as agreed to in the Grant Agreement.

 

Section 43.190  Property Usage

 

a)         Any early childhood center purchased, constructed, or improved with grant funds shall continue to be operated by the grantee as an early childhood center for a period of at least 10 years from completion of the project. (See Section 5-300(b)(5) of the Act.)

 

b)         If, within 10 years after the completion of the project for which a grant was made under this Part, grantee ceases to use the property as an early childhood center, the grantee shall refund to the Board a prorated amount of the grant based on the number of months the grantee was not in compliance out of a total of 120 months.  Any partial month of noncompliance shall be included in the repayment amount.

 

c)         When grants are made to non-profit corporations for the acquisition or construction of new facilities, the Capital Development Board or any State agency it so designates shall hold title to or place a lien on the facility for a period of 10 years after the date of the grant award, after which title to the facility shall be transferred to the non-profit corporation or the lien shall be removed, provided that the non-profit corporation has complied with the terms of its grant agreement.  (Section 5-300(b-5) of the Act)

 

(Source:  Amended at 49 Ill. Reg. 6880, effective May 5, 2025)

 

Section 43.200  GATA

 

The Grant program is subject to GATA.  GATA rules are cross-referenced in this Part.  Grants shall comply with GATA and the GATA rules, including any portions of the Uniform Guidance (see 2 CFR 200) incorporated into GATA unless an exception has been granted and documented in the Governor's Office of Management and Budget Catalog of State Financial Assistance.

 

(Source:  Added at 45 Ill. Reg. 11564, effective September 3, 2021)