As Introduced 1
123rd General Assembly 4
Regular Session S. B. No. 272 5
1999-2000 6
SENATOR CUPP 8
_________________________________________________________________ 10
A B I L L
To amend sections 3318.021, 3318.04, and 3318.36 and 12
to enact sections 3318.084, 3318.311, and 3318.37 13
of the Revised Code to permanently set aside 14
school facilities assistance moneys for school 15
districts with exceptional needs, to phase-in an
increased number of school districts that 16
annually may participate in the School Building 17
Assistance Expedited Local Partnership Program, 18
and to make other changes to the Classroom 19
Facilities Assistance Program.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 21
Section 1. That sections 3318.021, 3318.04, and 3318.36 be 23
amended and sections 3318.084, 3318.311, and 3318.37 of the 24
Revised Code be enacted to read as follows: 25
Sec. 3318.021. Notwithstanding section 3318.02 of the 34
Revised Code, IN EACH CALENDAR YEAR PRIOR TO 2005 the Ohio school 35
facilities commission annually may conduct on-site visits to no 37
more than five school districts in the twentieth to fortieth 39
percentiles, AND IN CALENDAR YEAR 2005 AND IN EACH CALENDAR YEAR 40
THEREAFTER THE COMMISSION MAY CONDUCT ON-SITE VISITS TO SCHOOL
DISTRICTS IN THE TWENTIETH TO FIFTIETH PERCENTILES, as determined 41
under section 3318.011 of the Revised Code, if a district board 44
adopts a resolution certifying to the commission the board's
intent to participate in the school building assistance expedited 46
local partnership program under section 3318.36 of the Revised 47
Code. 48
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Sec. 3318.04. (A) If the Ohio school facilities 57
commission makes a determination under section 3318.03 of the 58
Revised Code in favor of constructing, acquiring, reconstructing, 60
or making additions to a classroom facility, the project shall be 61
conditionally approved. Such conditional approval shall be 62
submitted to the controlling board for approval thereof. The
controlling board shall forthwith approve or reject the 63
commission's determination, conditional approval, the amount of 65
the state's portion of the basic project cost, and, if the
state's portion exceeds forty million dollars, the amount of the 66
state's portion to be encumbered in the current fiscal biennium. 67
In the event of approval thereof by the controlling board, the 69
commission shall certify such conditional approval to the school 70
district board and shall encumber from the total funds 71
appropriated for the purpose of sections 3318.01 to 3318.20 of 72
the Revised Code the amount of the state's portion of the basic
project cost or, if the state's portion exceeds forty million 73
dollars, the amount approved under this section to be encumbered 74
in the current fiscal biennium. 75
The basic project cost for a project approved under this 78
section shall not exceed the cost that would otherwise have to be
incurred if the classroom facilities to be constructed, acquired, 79
or reconstructed, or the additions to be made to classroom 80
facilities, under such project meet, but do not exceed, the 81
specifications for plans and materials for classroom facilities 82
adopted by the commission.
(B)(1) No school district shall have a project 84
conditionally approved pursuant to this section if the project 86
includes the reconstruction of, or the making of additions to, 87
any classroom facilities that were constructed, acquired, 88
reconstructed, or added to as part of a project funded under any 89
version of sections 3318.01 to 3318.20 of the Revised Code, and 91
the prior project was one for which the electors of such district 92
approved a levy within the last ten TWENTY-FIVE years pursuant to 94
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any version of section 3318.06 of the Revised Code for purposes 95
of qualifying for the funding of that project, UNLESS THE 96
DISTRICT DEMONSTRATES TO THE SATISFACTION OF THE COMMISSION THAT 98
THE DISTRICT HAS EXPERIENCED SINCE APPROVAL OF ITS PRIOR PROJECT 99
AN EXCEPTIONAL INCREASE IN ENROLLMENT ABOVE THE DISTRICT'S DESIGN 100
CAPACITY UNDER THAT PRIOR PROJECT AS DETERMINED BY RULE OF THE 101
COMMISSION.
(2) NOTWITHSTANDING DIVISION (B)(1) OF THIS SECTION, ANY 103
SCHOOL DISTRICT THAT RECEIVED ASSISTANCE UNDER SECTIONS 3318.01 104
TO 3318.20 OF THE REVISED CODE, AS THOSE SECTIONS EXISTED PRIOR 105
TO MAY 20, 1997, MAY RECEIVE ADDITIONAL ASSISTANCE UNDER THOSE 107
SECTIONS, AS THEY EXIST ON AND AFTER MAY 20, 1997, PRIOR TO THE 108
EXPIRATION OF THE PERIOD OF TIME REQUIRED UNDER DIVISION (B)(1) 109
OF THIS SECTION, IF THE PERCENTILE IN WHICH THE SCHOOL DISTRICT 110
IS LOCATED, AS DETERMINED UNDER SECTION 3318.011 OF THE REVISED 112
CODE, IS ELIGIBLE FOR ASSISTANCE AS PRESCRIBED IN SECTION 3318.02 114
OF THE REVISED CODE.
THE COMMISSION MAY PROVIDE ASSISTANCE UNDER SECTIONS 116
3318.01 TO 3318.20 OF THE REVISED CODE PURSUANT TO THIS DIVISION 117
TO NO MORE THAN FIVE SCHOOL DISTRICTS PER FISCAL YEAR UNTIL ALL 118
ELIGIBLE SCHOOL DISTRICTS HAVE RECEIVED THE ADDITIONAL ASSISTANCE 119
AUTHORIZED UNDER THIS DIVISION. THE COMMISSION SHALL ESTABLISH 120
APPLICATION PROCEDURES, DEADLINES, AND PRIORITIES FOR FUNDING 121
PROJECTS UNDER THIS DIVISION.
Sec. 3318.084. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN 123
CHAPTER 3318. OF THE REVISED CODE, A SCHOOL DISTRICT BOARD MAY 125
APPLY ANY LOCAL DONATED CONTRIBUTION TOWARD THE DISTRICT'S 126
PORTION OF THE BASIC PROJECT COST OF A PROJECT UNDER SECTIONS 127
3318.01 TO 3318.20 OF THE REVISED CODE AND MAY USE SUCH LOCAL 128
DONATED CONTRIBUTION TO REDUCE THE AMOUNT OF BONDS THE DISTRICT 129
OTHERWISE MUST ISSUE IN ORDER TO RECEIVE STATE ASSISTANCE UNDER 130
THOSE SECTIONS. 131
AS USED IN THIS SECTION, "LOCAL DONATED CONTRIBUTION" MEANS 134
EITHER OF THE FOLLOWING:
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(A) ANY MONEYS IRREVOCABLY DONATED OR GRANTED TO A SCHOOL 136
DISTRICT BOARD BY A SOURCE OTHER THAN THE STATE WHICH THE BOARD 138
HAS THE AUTHORITY TO APPLY TO THE SCHOOL DISTRICT'S PROJECT UNDER 139
SECTIONS 3318.01 TO 3318.20 OF THE REVISED CODE AND WHICH THE 140
BOARD HAS PLEDGED FOR THAT PURPOSE BY RESOLUTION ADOPTED BY A
MAJORITY OF ITS MEMBERS; 141
(B) ANY CASH A SCHOOL DISTRICT HAS ON HAND OR ANY 143
IRREVOCABLE LETTER OF CREDIT ISSUED ON BEHALF OF A SCHOOL 144
DISTRICT EITHER OF WHICH THE SCHOOL DISTRICT BOARD HAS ENCUMBERED 145
FOR PAYMENT OF THE SCHOOL DISTRICT'S SHARE OF ITS PROJECT UNDER 146
SECTIONS 3318.01 TO 3318.20 OF THE REVISED CODE AND EITHER OF 147
WHICH HAS BEEN APPROVED BY THE OHIO SCHOOL FACILITIES COMMISSION 148
IN CONSULTATION WITH THE DEPARTMENT OF EDUCATION. 149
Sec. 3318.311. NO LESS THAN SIX MONTHS AFTER THE EFFECTIVE 151
DATE OF THIS SECTION, THE OHIO SCHOOL FACILITIES COMMISSION SHALL 152
PRESENT TO THE SPEAKER OF THE HOUSE OF REPRESENTATIVES, THE 153
PRESIDENT OF THE SENATE, AND THE GOVERNOR A PROPOSAL FOR 154
LEGISLATION TO PROVIDE CLASSROOM FACILITIES ASSISTANCE TO JOINT 155
VOCATIONAL SCHOOL DISTRICTS. 156
Sec. 3318.36. (A) As used in this section: 165
(1) "Ohio school facilities commission," "classroom 167
facilities," "school district," "school district board," "net 168
bonded indebtedness," "required percentage of the basic project 169
costs," "basic project cost," "valuation," and "percentile" have 170
the same meanings as in section 3318.01 of the Revised Code. 171
(2) "Required level of indebtedness" means five per cent 173
of the school district's valuation for the year preceding the 174
year in which the commission and school district enter into an 175
agreement under division (B) of this section, plus 6[two 176
one-hundredths of one per cent multiplied by (the percentile in 177
which the district ranks in the fiscal year the commission and 178
the school district enter into such agreement minus one)<7. 179
(B)(1) There is hereby established the school building 181
assistance expedited local partnership program. Under the 182
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program, IN CALENDAR YEARS PRIOR TO 2005 the Ohio school 184
facilities commission may enter into an agreement AGREEMENTS with 185
the school district board BOARDS of any school district DISTRICTS 187
ranked in the twentieth to fortieth percentiles, AND IN YEARS 188
2005 AND THEREAFTER THE COMMISSION MAY ENTER INTO AGREEMENTS WITH 189
THE BOARDS OF SCHOOL DISTRICTS RANKED IN THE TWENTIETH TO
FIFTIETH PERCENTILES, as determined under section 3318.011 of the 192
Revised Code in the fiscal year that the commission and school 194
district board enter into such agreement. Under the agreement,
the school district board may proceed with the new construction 195
or major repairs of a part of the school district's classroom 197
facilities needs, as determined under sections 3318.01 to 3318.20 198
of the Revised Code, through the expenditure of local resources 199
prior to the school district's eligibility for state assistance 200
under sections 3318.01 to 3318.20 of the Revised Code and may 201
apply that expenditure toward meeting the school district's 202
portion of the basic project cost of the total of the school 203
district's classroom facilities needs, as determined under 204
sections 3318.01 to 3318.20 of the Revised Code and as 205
recalculated under division (E) of this section, that are 206
eligible for state assistance under sections 3318.01 to 3318.20 207
of the Revised Code when the school district becomes eligible for 208
such state assistance.
(2) The commission may enter into an agreement NEW 210
AGREEMENTS under this section with no more than five school 212
districts each year ACCORDING TO THE FOLLOWING SCHEDULE: 213
(a) PRIOR TO CALENDAR YEAR 2001, WITH UP TO FIVE SCHOOL 215
DISTRICTS PER CALENDAR YEAR; 216
(b) IN CALENDAR YEAR 2001, WITH UP TO TEN SCHOOL 218
DISTRICTS;
(c) IN CALENDAR YEAR 2002, WITH UP TO FIFTEEN SCHOOL 220
DISTRICTS;
(d) IN CALENDAR YEAR 2003, WITH UP TO TWENTY SCHOOL 222
DISTRICTS; 223
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(e) IN CALENDAR YEAR 2004 AND IN EACH CALENDAR YEAR 225
THEREAFTER, WITH UP TO THIRTY SCHOOL DISTRICTS. 226
(3) To participate in the program, a school district board 228
shall first adopt a resolution certifying to the commission the 230
board's intent to participate in the program. 231
The commission shall consider school districts for 233
participation in the program under this section each year in the 234
order in which they adopt the resolutions required under this 235
section and submit them to the commission ESTABLISH APPLICATION 236
PROCEDURES, DEADLINES, AND PRIORITIES FOR ACCEPTING APPLICATIONS 237
UNDER THIS SECTION.
(4) Any project under this section shall comply with 239
section 3318.03 of the Revised Code and with any specifications 240
for plans and materials for classroom facilities adopted by the 241
commission under section 3318.04 of the Revised Code. 242
(C) If the commission and a school district board enter 244
into an agreement authorized under division (B) of this section, 245
the commission shall conduct on-site visits to the school 246
district and shall conduct an assessment of the school district's 248
classroom facilities needs as authorized in section 3318.021 of 249
the Revised Code within six months of the execution of the 250
agreement. Based on the results of the on-site visits and 251
assessment, the commission shall determine the basic project cost 252
of the school district's classroom facilities needs. The 253
commission shall determine the school district's portion of such 254
basic project cost, which shall be the greater of: 255
(1) The required percentage of the basic project costs, 257
determined based on the school district's percentile ranking in 258
the fiscal year the commission and the school district enter into 259
the agreement under division (B) of this section; 260
(2) An amount necessary to raise the school district's net 262
bonded indebtedness, as of the fiscal year the commission and the 263
school district enter into the agreement under division (B) of 264
this section, to within five thousand dollars of the required 265
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level of indebtedness.
(D)(1) When the commission determines the basic project 267
cost of the classroom facilities needs of a school district and 268
the school district's portion of that basic project cost under 270
division (C) of this section, the project shall be conditionally 271
approved. Such conditional approval shall be submitted to the 272
controlling board for approval thereof. The controlling board 273
shall forthwith approve or reject the commission's determination, 274
conditional approval, and the amount of the state's portion of 275
the basic project cost; however, no state funds shall be 276
encumbered under this section. Upon approval by the controlling 277
board, the school district board may identify a discrete part of 278
its classroom facilities needs, which shall include only new 279
construction of or additions or major repairs to a particular 280
building, to address with local resources. Upon identifying a 281
part of the school district's basic project cost to address with 282
local resources, the school district board may allocate any 283
available school district moneys to pay the cost of that 284
identified part, including the proceeds of an issuance of bonds
if approved by the electors of the school district. 286
All local resources utilized under this division shall 288
first be deposited in the project construction account required 289
under section 3318.08 of the Revised Code.
(2) For a school district to qualify for participation in 291
the program authorized under this section, the electors of the 292
school district by a majority vote shall approve the levy of 293
taxes outside the ten-mill limitation for a period not to exceed 294
twenty-three years at the rate of one-half mill for each dollar 295
of valuation to be used to pay the cost of maintaining the 296
classroom facilities included in the basic project cost as 297
determined by the commission. The form of the ballot to be used 298
to submit the question whether to approve the tax required under 299
this division to the electors of the school district shall be the 300
form for an additional levy of taxes prescribed in division (C) 301
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of section 3318.06 of the Revised Code. Proceeds of this 302
additional levy of taxes shall be deposited into a separate fund 303
as specified in division (B) of section 3318.05 of the Revised 304
Code.
(E) If the school district becomes eligible for state 306
assistance under sections 3318.01 to 3318.20 of the Revised Code 308
based on its percentile ranking as determined under division (B) 309
of this section, the commission shall conduct a new assessment of 310
the school district's classroom facilities needs and shall 311
recalculate the basic project cost based on this new assessment. 312
The basic project cost recalculated under this division shall 313
include the amount of expenditures made by the school district 314
board under division (D)(1) of this section. The commission
shall then recalculate the school district's portion of the new 315
basic project cost by utilizing the proportion of the original 316
basic project cost assigned to the school district as its portion 317
under division (C) of this section. The commission shall deduct 318
the expenditure of school district moneys made under division 319
(D)(1) of this section from the school district's portion of the 320
basic project cost as recalculated under this division. If the 321
amount of school district resources applied by the school 322
district board to the school district's portion of the basic 324
project cost under this section is less than the total amount of 325
such portion as recalculated under this division, the school
district board by a majority vote of all of its members shall, if 326
it desires to seek state assistance under sections 3318.01 to 327
3318.20 of the Revised Code, adopt a resolution as specified in 328
section 3318.06 of the Revised Code to submit to the electors of 329
the school district the question of approval of a bond issue in 330
order to pay any additional amount of school district portion 331
required for state assistance. The tax levy approved under 332
division (D)(2) of this section shall satisfy the requirements to 333
levy the one-half mill additional tax under section 3318.06 of 334
the Revised Code.
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If the amount of school district resources applied by the 336
school district board to the school district's portion of the 337
basic project cost under this section is more than the total 338
amount of such portion as recalculated under this division, the 339
commission may reimburse to the school district the difference 340
between the two calculated portions, but at no time shall the 341
commission expend any state funds on a project in an amount 342
greater than the state's portion of the basic project cost as 343
recalculated under this division. 344
Sec. 3318.37. (A) AS USED IN THIS SECTION: 346
(1) "LOW WEALTH SCHOOL DISTRICT" MEANS A SCHOOL DISTRICT 348
IN THE LOWEST FIFTY PER CENT OF ADJUSTED VALUATION PER PUPIL AS 349
DETERMINED UNDER SECTION 3318.011 OF THE REVISED CODE. 350
(2) A "SCHOOL DISTRICT WITH AN EXCEPTIONAL NEED FOR 352
IMMEDIATE CLASSROOM FACILITY ASSISTANCE" MEANS A SCHOOL DISTRICT 353
WITH AN EXCEPTIONAL NEED FOR NEW FACILITIES IN ORDER TO PROTECT 354
THE HEALTH AND SAFETY OF ALL OR A PORTION OF ITS STUDENTS. 355
SCHOOL DISTRICTS REASONABLY EXPECTED TO BE ELIGIBLE FOR STATE 356
ASSISTANCE UNDER SECTIONS 3318.01 TO 3318.20 OF THE REVISED CODE
PRIOR TO JUNE 30, 2002, SHALL NOT BE ELIGIBLE FOR ASSISTANCE 357
UNDER THIS SECTION. 358
(B)(1) THERE IS HEREBY ESTABLISHED THE EXCEPTIONAL NEEDS 360
SCHOOL FACILITIES ASSISTANCE PROGRAM. UNDER THE PROGRAM, THE 361
OHIO SCHOOL FACILITIES COMMISSION MAY SET ASIDE FROM THE MONEYS 362
ANNUALLY APPROPRIATED TO IT FOR CLASSROOM FACILITIES ASSISTANCE 364
PROJECTS UP TO TWENTY-FIVE PER CENT FOR ASSISTANCE TO SCHOOL 365
DISTRICTS WITH EXCEPTIONAL NEEDS FOR IMMEDIATE CLASSROOM FACILITY 366
ASSISTANCE.
(2)(a) AFTER CONSULTING WITH EDUCATION AND CONSTRUCTION 368
EXPERTS, THE COMMISSION SHALL ADOPT GUIDELINES FOR IDENTIFYING 370
SCHOOL DISTRICTS WITH AN EXCEPTIONAL NEED FOR IMMEDIATE CLASSROOM 372
FACILITIES ASSISTANCE.
(b) THE GUIDELINES SHALL INCLUDE APPLICATION FORMS AND 374
INSTRUCTIONS FOR SCHOOL DISTRICTS THAT BELIEVE THEY HAVE AN 376
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EXCEPTIONAL NEED FOR IMMEDIATE CLASSROOM FACILITIES ASSISTANCE. 377
(3) THE COMMISSION SHALL EVALUATE THE CLASSROOM 379
FACILITIES, AND THE NEED FOR REPLACEMENT CLASSROOM FACILITIES 380
FROM THE APPLICATIONS RECEIVED UNDER THIS SECTION. THE 381
COMMISSION, UTILIZING THE GUIDELINES ADOPTED UNDER DIVISION 382
(B)(2)(a) OF THIS SECTION, SHALL PRIORITIZE THE SCHOOL DISTRICTS 385
TO BE ASSESSED.
NOTWITHSTANDING SECTION 3318.02 OF THE REVISED CODE, THE 387
COMMISSION MAY CONDUCT ON-SITE EVALUATION OF THE SCHOOL DISTRICTS 389
PRIORITIZED UNDER THIS SECTION AND APPROVE AND AWARD FUNDS UNTIL
SUCH TIME AS ALL FUNDS SET ASIDE UNDER DIVISION (B)(1) OF THIS 391
SECTION HAVE BEEN ENCUMBERED UNDER SECTION 3318.04 OF THE REVISED 393
CODE.
(4) NOTWITHSTANDING DIVISION (A) OF SECTION 3318.05 OF THE 396
REVISED CODE, THE SCHOOL DISTRICT'S PORTION OF THE BASIC PROJECT 398
COST UNDER THIS SECTION SHALL BE THE "REQUIRED PERCENTAGE OF THE 399
BASIC PROJECT COSTS," AS DEFINED IN DIVISION (K) OF SECTION 400
3318.01 OF THE REVISED CODE. 401
Section 2. That existing sections 3318.021, 3318.04, and 403
3318.36 of the Revised Code are hereby repealed. 404