As Passed by the House* 1
123rd General Assembly 4
Regular Session Am. Sub. S. B. No. 272 5
1999-2000 6
SENATORS CUPP-KEARNS-PRENTISS-CARNES-HOTTINGER-LATTA-OELSLAGER- 8
WATTS-RAY-MUMPER-ARMBRUSTER-GARDNER-SPADA-WHITE-DRAKE- 9
REPRESENTATIVES CAREY-HOOPS-CORBIN-O'BRIEN-EVANS-METZGER-BARRETT- 10
JONES-ROBERTS-OGG-METELSKY-D. MILLER-PERRY-BOYD-R. MILLER- 11
WILSON-GOODMAN-MEAD-AMSTUTZ-STAPLETON-PETERSON-KREBS-VESPER- 12
FLANNERY-TIBERI-HOUSEHOLDER-WOMER BENJAMIN-TRAKAS-DePIERO- 13
SUTTON-CALVERT-ASLANIDES-REDFERN-WINKLER-TERWILLEGER-MYERS- 15
A. CORE-LOGAN-VERICH-CLANCY-HARTNETT-BRITTON-JOLIVETTE-BENDER-
BARNES-AUSTRIA-KILBANE-ROMAN-HARRIS-ROBINSON-KRUPINSKI-HOLLISTER- 16
SCHURING-BRADING-OLMAN-SMITH-PATTON-BUEHRER-STEVENS-GOODING- 17
METTLER-JACOBSON 18
_________________________________________________________________ 19
A B I L L
To amend sections 133.06, 3317.012, 3318.01, 21
3318.011, 3318.021, 3318.03, 3318.032, 3318.04, 24
3318.05, 3318.06, 3318.08, 3318.11, 3318.13, 26
3318.14, 3318.15, 3318.31, and 3318.36; to enact
sections 3318.022, 3318.033, 3318.035, 3318.052, 27
3318.055, 3318.061, 3318.084, 3318.085, 3318.311, 28
3318.351, 3318.361, 3318.362, 3318.37, and
3318.38; and to repeal section 3318.18 of the 30
Revised Code and to amend Sections 10 and 10.02
of Am. Sub. H.B. 282 of the 123rd General 31
Assembly to accelerate by one year the
appointment of a committee to examine the cost of 32
an adequate education, to permit any school
district to participate in the School Building 34
Assistance Expedited Local Partnership Program, 35
to codify the program to set aside classroom
facilities assistance moneys for low wealth 36
school districts with exceptional needs, to
2
require the Ohio School Facilities Commission to 37
propose a program to provide classroom facilities 38
assistance moneys to joint vocational school 39
districts, to establish a program to provide 40
classroom facilities assistance moneys to school 41
districts that have suffered natural disasters,
to authorize accelerated service under the 42
Classroom Facilities Assistance Program to 43
big-eight school districts, to authorize
alternative methods for school districts to 44
generate their respective shares of projects 45
under the Classroom Facilities Assistance 46
Program, to permit the Treasurer of State to 48
enter into an agreement with two or more school
districts to pool the bonds issued by those 49
school districts to pay their portion of projects
under state classroom facilities assistance 50
programs, to make other changes to the Classroom 51
Facilities Assistance Program, and to make an 52
appropriation.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 54
Section 1. That sections 133.06, 3317.012, 3318.01, 56
3318.011, 3318.021, 3318.03, 3318.032, 3318.04, 3318.05, 3318.06, 59
3318.08, 3318.11, 3318.13, 3318.14, 3318.15, 3318.31, and 3318.36 60
be amended and sections 3318.022, 3318.033, 3318.035, 3318.052, 62
3318.055, 3318.061, 3318.084, 3318.085, 3318.311, 3318.351,
3318.361, 3318.362, 3318.37, and 3318.38 of the Revised Code be 66
enacted to read as follows: 67
Sec. 133.06. (A) A school district shall not incur, 76
without a vote of the electors, net indebtedness that exceeds an 77
amount equal to one-tenth of one per cent of its tax valuation, 78
except as provided in divisions (G) and (H) of this section and 80
3
in division (C) of section 3313.372 of the Revised Code, OR AS 81
PRESCRIBED IN SECTION 3318.052 OF THE REVISED CODE. 82
(B) Except as provided in divisions (E) and (F) of this 84
section, a school district shall not incur net indebtedness that 85
exceeds an amount equal to nine per cent of its tax valuation. 86
(C) A school district shall not submit to a vote of the 88
electors the question of the issuance of securities in an amount 89
that will make the district's net indebtedness after the issuance 90
of the securities exceed an amount equal to four per cent of its 91
tax valuation, unless the superintendent of public instruction, 92
acting under policies adopted by the state board of education, 93
and the tax commissioner, acting under written policies of the 94
commissioner, consent to the submission. A request for the 95
consents shall be made at least thirty days prior to the election 96
at which the question is to be submitted, except that the 97
superintendent of public instruction and the tax commissioner may 98
waive this thirty-day deadline or grant their consents after the 99
election if the school district shows good cause for such waiver 100
or consent after the election. 101
(D) In calculating the net indebtedness of a school 103
district, none of the following shall be considered: 104
(1) Securities issued to acquire school buses and other 106
equipment used in transporting pupils or issued pursuant to 107
division (D) of section 133.10 of the Revised Code; 108
(2) Securities issued under division (F) of this section, 110
under section 133.301 of the Revised Code, and, to the extent in 111
excess of the limitation stated in division (B) of this section, 112
under division (E) of this section; 113
(3) Indebtedness resulting from the dissolution of a joint 115
vocational school district under section 3311.217 of the Revised 116
Code, evidenced by outstanding securities of that joint 117
vocational school district; 118
(4) Loans, evidenced by any securities, received under 120
sections 3313.483, 3317.0210, 3317.0211, and 3317.64 of the 121
4
Revised Code; 122
(5) Debt incurred under section 3313.374 of the Revised 124
Code;
(6) Debt incurred pursuant to division (B)(5) of section 127
3313.37 of the Revised Code to acquire computers and related
hardware.
(E) A school district may become a special needs district 129
as to certain securities as provided in division (E) of this 130
section. 131
(1) A board of education, by resolution, may declare its 133
school district to be a special needs district by determining 134
both of the following: 135
(a) The student population is not being adequately 137
serviced by the existing permanent improvements of the district. 138
(b) The district cannot obtain sufficient funds by the 140
issuance of securities within the limitation of division (B) of 141
this section to provide additional or improved needed permanent 142
improvements in time to meet the needs. 143
(2) The board of education shall certify a copy of that 145
resolution to the superintendent of public instruction with a 146
statistical report showing all of the following: 147
(a) A history of and a projection of the growth of the 149
student population; 150
(b) The history of and a projection of the growth of the 152
tax valuation; 153
(c) The projected needs; 155
(d) The estimated cost of permanent improvements proposed 157
to meet such projected needs. 158
(3) The superintendent of public instruction shall certify 160
the district as an approved special needs district if the 161
superintendent finds both of the following: 162
(a) The district does not have available sufficient 164
additional funds from state or federal sources to meet the 165
projected needs. 166
5
(b) The projection of the potential average growth of tax 168
valuation during the next five years, according to the 169
information certified to the superintendent and any other 170
information the superintendent obtains, indicates a likelihood of 171
potential average growth of tax valuation of the district during 172
the next five years of an average of not less than three per cent 173
per year. The findings and certification of the superintendent 174
shall be conclusive. 175
(4) An approved special needs district may incur net 177
indebtedness by the issuance of securities in accordance with the 178
provisions of this chapter in an amount that does not exceed an 179
amount equal to the greater of the following: 180
(a) Nine per cent of the sum of its tax valuation plus an 182
amount that is the product of multiplying that tax valuation by 183
the percentage by which the tax valuation has increased over the 184
tax valuation on the first day of the sixtieth month preceding 185
the month in which its board determines to submit to the electors 186
the question of issuing the proposed securities; 187
(b) Nine per cent of the sum of its tax valuation plus an 189
amount that is the product of multiplying that tax valuation by 190
the percentage, determined by the superintendent of public 191
instruction, by which that tax valuation is projected to increase 192
during the next ten years. 193
(F) A school district may issue securities for emergency 195
purposes, in a principal amount that does not exceed an amount 196
equal to three per cent of its tax valuation, as provided in this 197
division. 198
(1) A board of education, by resolution, may declare an 200
emergency if it determines both of the following: 201
(a) School buildings or other necessary school facilities 203
in the district have been wholly or partially destroyed, or 204
condemned by a constituted public authority, or that such 205
buildings or facilities are partially constructed, or so 206
constructed or planned as to require additions and improvements 207
6
to them before the buildings or facilities are usable for their 208
intended purpose, or that corrections to permanent improvements 209
are necessary to remove or prevent health or safety hazards. 210
(b) Existing fiscal and net indebtedness limitations make 212
adequate replacement, additions, or improvements impossible. 213
(2) Upon the declaration of an emergency, the board of 215
education may, by resolution, submit to the electors of the 216
district pursuant to section 133.18 of the Revised Code the 217
question of issuing securities for the purpose of paying the 218
cost, in excess of any insurance or condemnation proceeds 219
received by the district, of permanent improvements to respond to 220
the emergency need. 221
(3) The procedures for the election shall be as provided 223
in section 133.18 of the Revised Code, except that: 224
(a) The form of the ballot shall describe the emergency 226
existing, refer to this division as the authority under which the 227
emergency is declared, and state that the amount of the proposed 228
securities exceeds the limitations prescribed by division (B) of 229
this section; 230
(b) The resolution required by division (B) of section 232
133.18 of the Revised Code shall be certified to the county 233
auditor and the board of elections at least seventy-five days 234
prior to the election; 235
(c) The county auditor shall advise and, not later than 237
sixty-five days before the election, confirm that advice by 238
certification to, the board of education of the information 239
required by division (C) of section 133.18 of the Revised Code; 240
(d) The board of education shall then certify its 242
resolution and the information required by division (D) of 243
section 133.18 of the Revised Code to the board of elections not 244
less than sixty days prior to the election. 245
(4) Notwithstanding division (B) of section 133.21 of the 247
Revised Code, the first principal payment of securities issued 248
under this division may be set at any date not later than sixty 249
7
months after the earliest possible principal payment otherwise 250
provided for in that division. 251
(G) The board of education may contract with an architect, 253
professional engineer, or other person experienced in the design 254
and implementation of energy conservation measures for an 255
analysis and recommendations pertaining to installations, 256
modifications of installations, or remodeling that would 257
significantly reduce energy consumption in buildings owned by the 258
district. The report shall include estimates of all costs of 259
such installations, modifications, or remodeling, including costs 260
of design, engineering, installation, maintenance, repairs, and 261
debt service, and estimates of the amounts by which energy 262
consumption and resultant operational and maintenance costs, as 263
defined by the Ohio school facilities commission, would be 265
reduced.
If the board finds after receiving the report that the 267
amount of money the district would spend on such installations, 268
modifications, or remodeling is not likely to exceed the amount 269
of money it would save in energy and resultant operational and 270
maintenance costs over the ensuing fifteen years, the board may 272
submit to the commission a copy of its findings and a request for 273
approval to incur indebtedness to finance the making or 275
modification of installations or the remodeling of buildings for 276
the purpose of significantly reducing energy consumption. 277
If the commission determines that the board's findings are 280
reasonable, it shall approve the board's request. Upon receipt 281
of the commission's approval, the district may issue securities 283
without a vote of the electors in a principal amount not to 284
exceed nine-tenths of one per cent of its tax valuation for the 285
purpose of making such installations, modifications, or 286
remodeling, but the total net indebtedness of the district 287
without a vote of the electors incurred under this and all other 288
sections of the Revised Code shall not exceed one per cent of the 289
district's tax valuation. 290
8
So long as any securities issued under division (G) of this 293
section remain outstanding, the board of education shall monitor
the energy consumption and resultant operational and maintenance 294
costs of buildings in which installations or modifications have 296
been made or remodeling has been done pursuant to division (G) of 297
this section and shall maintain and annually update a report 299
documenting the reductions in energy consumption and resultant 300
operational and maintenance cost savings attributable to such 301
installations, modifications, or remodeling. The report shall be 302
certified by an architect or engineer independent of any person 303
that provided goods or services to the board in connection with 304
the energy conservation measures that are the subject of the 305
report. The resultant operational and maintenance cost savings 306
shall be certified by the school district treasurer. The report 307
shall be made available to the commission upon request. 308
(H) With the consent of the superintendent of public 310
instruction, a school district may incur without a vote of the 311
electors net indebtedness that exceeds the amounts stated in 312
divisions (A) and (G) of this section for the purpose of paying 314
costs of permanent improvements, if and to the extent that both 315
of the following conditions are satisfied: 316
(1) The fiscal officer of the school district estimates 318
that receipts of the school district from payments made under or 319
pursuant to agreements entered into pursuant to section 725.02, 322
1728.10, 3735.671, 5709.081, 5709.082, 5709.40, 5709.41, 5709.62, 323
5709.63, 5709.632, 5709.73, 5709.78, or 5709.82 of the Revised 325
Code, or distributions under division (C) of section 5709.43 of 326
the Revised Code, or any combination thereof, are, after 327
accounting for any appropriate coverage requirements, sufficient 328
in time and amount, and are committed by the proceedings, to pay 329
the debt charges on the securities issued to evidence that 330
indebtedness and payable from those receipts, and the taxing 331
authority of the district confirms the fiscal officer's estimate, 332
which confirmation is approved by the superintendent of public 333
9
instruction;
(2) The fiscal officer of the school district certifies, 335
and the taxing authority of the district confirms, that the 336
district, at the time of the certification and confirmation, 337
reasonably expects to have sufficient revenue available for the 338
purpose of operating such permanent improvements for their 339
intended purpose upon acquisition or completion thereof, and the 340
superintendent of public instruction approves the taxing 341
authority's confirmation. 342
The maximum maturity of securities issued under division 344
(H) of this section shall be the lesser of twenty years or the 345
maximum maturity calculated under section 133.20 of the Revised 346
Code. 347
Sec. 3317.012. (A) The general assembly, having analyzed 357
school district expenditure and cost data for fiscal year 1996, 358
performed the calculation described in division (B) of this 359
section, and adjusted the results for inflation, hereby
determines that the base cost of an adequate education per pupil 361
for the fiscal year beginning July 1, 1998, is $4,063. For the 363
five following fiscal years, the base cost per pupil for each of 364
those years, reflecting an annual rate of inflation of two and 365
eight-tenths per cent, is $4,177 for fiscal year 2000, $4,294 for 366
fiscal year 2001, $4,414 for fiscal year 2002, $4,538 for fiscal 368
year 2003, and $4,665 for fiscal year 2004.
(B) In determining the base cost stated in division (A) of 371
this section, capital and debt costs, costs paid for by federal 373
funds, and costs covered by funds provided pursuant to sections 374
3317.023 and 3317.024 of the Revised Code as they existed prior
to July 1, 1998, for disadvantaged pupil impact aid and 376
transportation were excluded, as were the effects on the
districts' state funds of the application of the 377
cost-of-doing-business factors, assuming an eighteen per cent 378
variance.
The base cost for fiscal year 1996 was calculated as the 380
10
unweighted average cost per student, on a school district basis, 381
of educating students who were not receiving vocational education 382
or services pursuant to Chapter 3323. of the Revised Code and who 385
were enrolled in a city, exempted village, or local school 386
district that in fiscal year 1994 met all of the following 387
criteria: 388
(1) The district met at least all but one of the following 390
performance standards: 391
(a) A three per cent or lower dropout rate; 393
(b) At least seventy-five per cent of fourth graders 395
proficient on the mathematics test prescribed under division 396
(A)(1) of section 3301.0710 of the Revised Code; 397
(c) At least seventy-five per cent of fourth graders 399
proficient on the reading test prescribed under division (A)(1) 400
of section 3301.0710 of the Revised Code; 401
(d) At least seventy-five per cent of fourth graders 403
proficient on the writing test prescribed under division (A)(1) 404
of section 3301.0710 of the Revised Code; 405
(e) At least seventy-five per cent of fourth graders 407
proficient on the citizenship test prescribed under division 408
(A)(1) of section 3301.0710 of the Revised Code; 409
(f) At least seventy-five per cent of ninth graders 411
proficient on the mathematics test prescribed under former 412
division (B) of section 3301.0710 of the Revised Code; 413
(g) At least seventy-five per cent of ninth graders 415
proficient on the reading test prescribed under former division 416
(B) of section 3301.0710 of the Revised Code; 417
(h) At least seventy-five per cent of ninth graders 419
proficient on the writing test prescribed under former division 420
(B) of section 3301.0710 of the Revised Code; 421
(i) At least seventy-five per cent of ninth graders 423
proficient on the citizenship test prescribed under former 424
division (B) of section 3301.0710 of the Revised Code; 425
(j) At least eighty-five per cent of tenth graders 427
11
proficient on the mathematics test prescribed under former 428
division (B) of section 3301.0710 of the Revised Code; 430
(k) At least eighty-five per cent of tenth graders 432
proficient on the reading test prescribed under former division 433
(B) of section 3301.0710 of the Revised Code; 434
(l) At least eighty-five per cent of tenth graders 436
proficient on the writing test prescribed under former division 437
(B) of section 3301.0710 of the Revised Code; 438
(m) At least eighty-five per cent of tenth graders 440
proficient on the citizenship test prescribed under former 441
division (B) of section 3301.0710 of the Revised Code; 442
(n) At least sixty per cent of twelfth graders proficient 444
on the mathematics test prescribed under division (A)(3) of 445
section 3301.0710 of the Revised Code; 446
(o) At least sixty per cent of twelfth graders proficient 448
on the reading test prescribed under division (A)(3) of section 449
3301.0710 of the Revised Code; 450
(p) At least sixty per cent of twelfth graders proficient 452
on the writing test prescribed under division (A)(3) of section 453
3301.0710 of the Revised Code; 454
(q) At least sixty per cent of twelfth graders proficient 456
on the citizenship test prescribed under division (A)(3) of 457
section 3301.0710 of the Revised Code; 458
(r) An attendance rate for the year of at least 461
ninety-three per cent as defined in section 3302.01 of the 462
Revised Code. 464
(2) The district was not among the ten per cent of all 466
districts with the highest income factors, as defined in section 467
3317.02 of the Revised Code, nor among the ten per cent of all 470
districts with the lowest income factors.
(3) The district was not among the five per cent of all 472
districts with the highest valuation per pupil in ADM, as 473
reported under division (A) of section 3317.03 of the Revised 474
Code as it existed prior to July 1, 1998, nor among the five per 476
12
cent of all districts with the lowest valuation per pupil. 477
(C) In July of 2001 2000, and in July of every six years 480
thereafter, the speaker of the house of representatives and the 481
president of the senate shall each appoint three members to a 482
committee to reexamine the cost of an adequate education. No 483
more than two members from any political party shall represent 484
each house. The director of budget and management and the 485
superintendent of public instruction shall serve as nonvoting ex 486
officio members of the committee. 487
The committee shall select a rational methodology for 489
calculating the costs of an adequate education system for the 490
ensuing six-year period, and shall report the methodology and the 492
resulting costs to the general assembly. In performing its 493
function, the committee is not bound by any method used by 494
previous general assemblies to examine and calculate costs and 495
instead may utilize any rational method it deems suitable and 496
reasonable given the educational needs and requirements of the 497
state at that time.
The methodology for determining the cost of an adequate 499
education system shall take into account the basic educational 501
costs that all districts incur in educating regular students, the 502
unique needs of special categories of students, and significant 503
special conditions encountered by certain classifications of 504
school districts.
Any committee appointed pursuant to this section shall make 507
its report to the office of budget and management and the general 508
assembly within one year SIX MONTHS of its appointment so that 509
the information is available for use by the office and the 510
general assembly in preparing the next biennial appropriations 511
act. 512
Sec. 3318.01. As used in sections 3318.01 to 3318.20 of 521
the Revised Code: 522
(A) "Ohio school facilities commission" means the 525
commission created pursuant to section 3318.30 of the Revised 526
13
Code.
(B) "Classroom facilities" means rooms in which pupils 528
regularly assemble in public school buildings to receive 529
instruction and education and such facilities and building 530
improvements for the operation and use of such rooms as may be 531
needed in order to provide a complete educational program, and 532
may include space within which a child day-care facility or a 533
community resource center is housed. "CLASSROOM FACILITIES" 534
INCLUDES ANY SPACE NECESSARY FOR THE OPERATION OF A VOCATIONAL 535
EDUCATION PROGRAM IN ANY SCHOOL DISTRICT THAT OPERATES SUCH A 536
PROGRAM. 537
(C) "Project" means a project to construct or acquire 539
classroom facilities, or to reconstruct or make additions to 541
existing classroom facilities, to be used for housing the 542
applicable school district and its functions.
(D) "School district" means a local, exempted village, or 544
city school district as such districts are defined in Chapter 545
3311. of the Revised Code, acting as an agency of state 546
government, performing essential governmental functions of state 547
government pursuant to sections 3318.01 and 3318.20 of the 548
Revised Code.
(E) "School district board" means the board of education 550
of a school district. 551
(F) "Net bonded indebtedness" means the difference between 553
the sum of the par value of all outstanding and unpaid bonds and 554
notes which a school district board is obligated to pay, any 556
amounts the school district is obligated to pay under 557
lease-purchase agreements entered into under section 3313.375 of 558
the Revised Code, and the par value of bonds authorized by the 559
electors but not yet issued, the proceeds of which can lawfully 560
be used for the project, and the amount held in the sinking fund 561
and other indebtedness retirement funds for their redemption. 562
Notes issued for school buses in accordance with section 3327.08 563
of the Revised Code, notes issued in anticipation of the 564
14
collection of current revenues, and bonds issued to pay final 565
judgments shall not be considered in calculating the net bonded 566
indebtedness.
"Net bonded indebtedness" does not include indebtedness 568
arising from the acquisition of land to provide a site for 569
classroom facilities constructed, acquired, or added to pursuant 570
to sections 3318.01 to 3318.20 of the Revised Code. 571
(G) "Board of elections" means the board of elections of 573
the county containing the most populous portion of the school 574
district. 575
(H) "County auditor" means the auditor of the county in 577
which the greatest value of taxable property of such school 578
district is located. 579
(I) "Tax duplicates" means the general tax lists and 581
duplicates prescribed by sections 319.28 and 319.29 of the 582
Revised Code. 583
(J) "Required level of indebtedness" means: 585
(1) In the case of districts in the first percentile, five 588
per cent of the district's valuation for the year preceding the 589
year in which the controlling board approved the project under 590
section 3318.04 of the Revised Code.
(2) In the case of districts ranked in a subsequent 592
percentile, five per cent of the district's valuation for the 593
year preceding the year in which the controlling board approved 594
the project under section 3318.04 of the Revised Code, plus [two 595
one-hundredths of one per cent multiplied by (the percentile in 596
which the district ranks minus one)<. 597
(K) "Required percentage of the basic project costs" means 599
one per cent of the basic project costs times the percentile in 601
which the district ranks.
(L) "Basic project cost" means a cost amount determined in 603
accordance with rules adopted under section 111.15 of the Revised 604
Code by the Ohio school facilities commission. The basic project 607
cost calculation shall take into consideration the square footage
15
and cost per square foot necessary for the grade levels to be 608
housed in the classroom facilities, the variation across the 609
state in construction and related costs, the cost of the 610
installation of site utilities and site preparation, the cost of 611
insuring the project until it is completed, and the professional 613
planning, administration, and design fees that a district may
have to pay to undertake a classroom facilities project. 614
"BASIC PROJECT COST" ALSO INCLUDES THE VALUE OF CLASSROOM 616
FACILITIES AUTHORIZED IN A PRE-EXISTING BOND ISSUE AS DESCRIBED 617
IN SECTION 3318.033 OF THE REVISED CODE. 618
(M) A "school district's portion of the basic project 620
cost" means the amount determined under section 3318.032 of the 621
Revised Code. 622
(N) "Child day-care facility" means space within a 625
classroom facility in which the needs of infants, toddlers, 626
preschool children, and school children are provided for by 627
persons other than the parent or guardian of such children for 628
any part of the day, including persons not employed by the school
district operating such classroom facility. 629
(O) "Community resource center" means space within a 632
classroom facility in which comprehensive services that support 633
the needs of families and children are provided by 634
community-based social service providers. 635
(P) "Valuation" means the total value of all property in 637
the district as listed and assessed for taxation on the tax 639
duplicates.
(Q) "Percentile" means the percentile in which the 641
district is ranked pursuant to division (D) of section 3318.011 643
of the Revised Code. 644
(R) "Installation of site utilities" means the 646
installation of a site domestic water system, site fire 648
protection system, site gas distribution system, site sanitary 649
system, site storm drainage system, and site telephone and data 650
system.
16
(S) "Site preparation" means the earthwork necessary for 653
preparation of the building foundation system, the paved 654
pedestrian and vehicular circulation system, playgrounds on the 655
project site, and lawn and planting on the project site. 656
Sec. 3318.011. For purposes of providing assistance under 665
sections 3318.01 to 3318.20 of the Revised Code, the department 666
of education shall annually do all of the following: 667
(A) Calculate the adjusted valuation per pupil of each 669
city, local, and exempted village school district according to 670
the following formula: 671
The district's valuation per pupil - 672
[$30,000 X (1 - the district's income factor)<. 674
For purposes of this calculation: 676
(1) "Valuation per pupil" for a district means its average 678
taxable value, divided by its formula ADM reported under section 679
3317.03 of the Revised Code for the previous fiscal year. 681
(2) "Average taxable value" means the average of the 683
amounts certified for a district in the second, third, and fourth 684
preceding fiscal years under divisions (A)(1) and (2) of section 685
3317.021 of the Revised Code. 686
(3) "Income factor" has the same meaning as in section 688
3317.02 of the Revised Code. 689
(B) Calculate FOR EACH DISTRICT the three-year average OF 691
THE adjusted valuation VALUATIONS per pupil of each city, local, 693
and exempted village school CALCULATED FOR THE district for the 694
CURRENT AND TWO preceding three fiscal years; 695
(C) Rank all such districts in order of adjusted valuation 697
per pupil from the district with the lowest three-year average 698
adjusted valuation per pupil to the district with the highest 700
three-year average adjusted valuation per pupil; 701
(D) Divide such ranking into percentiles with the first 704
percentile containing the one per cent of school districts having 705
the lowest three-year average adjusted valuations per pupil and 706
the one-hundredth percentile containing the one per cent of 707
17
school districts having the highest three-year average adjusted 708
valuations per pupil; 709
(E) Determine the school districts that have three-year 712
average adjusted valuations per pupil that are greater than the 714
median three-year average adjusted valuation per pupil for all 715
school districts in the state;
(F) Certify the information described in divisions (A) to 718
(E) of this section to the Ohio school facilities commission. 719
Sec. 3318.021. Notwithstanding section 3318.02 of the 728
Revised Code, the Ohio school facilities commission annually may 729
conduct on-site visits to no more than five school districts in 730
the twentieth to fortieth percentiles as determined under section 732
3318.011 of the Revised Code, if a ANY SCHOOL DISTRICT WHOSE 734
district board adopts a resolution certifying to the commission 735
the board's intent to participate in the school building 737
assistance expedited local partnership program under section 738
3318.36 of the Revised Code. 739
Sec. 3318.022. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN 741
SECTION 3318.02 OF THE REVISED CODE, WITHIN TWO YEARS FOLLOWING 743
THE REQUEST OF THE SCHOOL DISTRICT, THE OHIO SCHOOL FACILITIES 744
COMMISSION SHALL ASSESS THE CURRENT CONDITIONS OF THE CLASSROOM 745
FACILITIES NEEDS OF ANY SCHOOL DISTRICT THAT IS NOT YET ELIGIBLE 748
FOR STATE ASSISTANCE UNDER CHAPTER 3318. OF THE REVISED CODE AND 749
THAT REQUESTS SUCH AN ASSESSMENT. THE ASSESSMENT MADE UNDER THIS 750
SECTION SHALL NOT INCLUDE A FINAL AGREEMENT BETWEEN THE SCHOOL 751
DISTRICT AND THE COMMISSION AS TO THE BASIC PROJECT COST OF THE 752
SCHOOL DISTRICT'S CLASSROOM FACILITIES NEEDS. THE COMMISSION 753
SHALL NOT CONSIDER ANY REQUEST FOR AN ASSESSMENT UNDER THIS 754
SECTION THAT IS SUBMITTED SOONER THAN THE EFFECTIVE DATE OF THIS 755
SECTION.
Sec. 3318.03. Upon BEFORE CONDUCTING AN ON-SITE EVALUATION 766
OF A SCHOOL DISTRICT UNDER SECTION 3318.02 OF THE REVISED CODE, 767
AT THE REQUEST OF THE DISTRICT BOARD OF EDUCATION, THE OHIO 768
SCHOOL FACILITIES COMMISSION SHALL EXAMINE ANY CLASSROOM 769
18
FACILITIES NEEDS ASSESSMENT THAT HAS BEEN CONDUCTED BY THE
DISTRICT AND ANY MASTER PLAN DEVELOPED FOR MEETING THE FACILITY 771
NEEDS OF THE DISTRICT.
UPON conducting the on-site evaluation under section 774
3318.02 of the Revised Code, the Ohio school facilities 776
commission shall make a determination of all of the following: 777
(A) The needs of the school district for additional 779
classroom facilities; 780
(B) The number of classroom facilities to be included in a 783
project, INCLUDING CLASSROOM FACILITIES AUTHORIZED BY A BOND 784
ISSUE DESCRIBED IN SECTION 3318.033 OF THE REVISED CODE, and the 785
basic project cost of constructing, acquiring, reconstructing, or 787
making additions to each such facility; 788
(C) The amount of such cost that the school district can 791
supply from available funds, by the issuance of bonds previously 792
authorized by the electors of the school district the proceeds of 793
which can lawfully be used for the project, INCLUDING BONDS 794
AUTHORIZED BY THE DISTRICT'S ELECTORS AS DESCRIBED IN SECTION 795
3318.033 OF THE REVISED CODE, and by the issuance of bonds under 797
section 3318.05 of the Revised Code;
(D) The remaining amount of such cost that shall be 800
supplied by the state; 801
(E) If the state's portion of the basic project cost 803
exceeds forty TWENTY-FIVE million dollars, the amount of the 805
state's portion to be encumbered in accordance with section 806
3318.11 of the Revised Code in the current and subsequent fiscal 808
bienniums from funds appropriated for purposes of sections 809
3318.01 to 3318.20 of the Revised Code. 810
The commission shall make a determination in favor of 813
constructing, acquiring, reconstructing, or making additions to a 814
classroom facility only upon evidence that the proposed project 816
conforms to sound educational practice, that it is in keeping 817
with the orderly process of school district reorganization and 818
consolidation, and that the actual or projected enrollment in 819
19
each classroom facility proposed to be included in the project is 821
at least three hundred fifty pupils. Exceptions shall be
authorized only in those districts where topography, sparsity of 823
population, and other factors make larger schools impracticable. 825
Sections 125.81 and 153.04 of the Revised Code shall not 827
apply to classroom facilities constructed under sections 3318.01 828
to 3318.20 of the Revised Code. 829
Sec. 3318.032. (A) The portion of the basic project cost 839
supplied by the school district shall be the greater of: 841
(A)(1) The required percentage of the basic project costs, 843
determined based on the district's percentile ranking at the time 844
the controlling board approved the project under section 3318.04 846
of the Revised Code;
(B)(2) An amount necessary to raise the school district's 848
net bonded indebtedness, as of the date the controlling board 850
approved the project, to within five thousand dollars of the 851
required level of indebtedness. 852
(B) The amount of the district's share determined under 854
this section shall be calculated only as of the date the 855
controlling board approved the project, and that amount applies 856
throughout the one-year period permitted under section 3318.05 of 857
the Revised Code for the district's electors to approve the 858
propositions described in that section. If the amount reserved 859
and encumbered for a project is released because the electors do 860
not approve those propositions within that year, and the school 861
district later receives the controlling board's approval for the 862
project, the district's portion shall be recalculated in 863
accordance with this section as of the date of the controlling 864
board's subsequent approval.
(C) NOTWITHSTANDING ANYTHING TO THE CONTRARY IN DIVISION 867
(A) OR (B) OF THIS SECTION, AT NO TIME SHALL A SCHOOL DISTRICT'S 868
PORTION OF THE BASIC PROJECT COST BE GREATER THAN NINETY-FIVE PER
CENT OF THE TOTAL BASIC PROJECT COST. 869
Sec. 3318.033. IF THE ELECTORS OF A SCHOOL DISTRICT HAVE 871
20
APPROVED THE ISSUANCE OF BONDS FOR THE ACQUISITION OF CLASSROOM 872
FACILITIES WITHIN EIGHTEEN MONTHS PRIOR TO THE SCHOOL DISTRICT 873
BOARD'S RECEIPT OF A NOTIFICATION BY THE OHIO SCHOOL FACILITIES 874
COMMISSION THAT THE SCHOOL DISTRICT IS ELIGIBLE FOR STATE 875
ASSISTANCE UNDER SECTIONS 3318.01 TO 3318.20 OF THE REVISED CODE, 876
AND IF THE CLASSROOM FACILITIES SUPPORTED BY THAT BOND MEASURE 877
COMPLY WITH THE COMMISSION'S DESIGN SPECIFICATIONS FOR A PROJECT 878
UNDER SECTIONS 3318.01 TO 3318.20 OF THE REVISED CODE, THE 879
COMMISSION SHALL INCLUDE THE VALUE OF THOSE CLASSROOM FACILITIES 880
IN THE BASIC PROJECT COST OF THE SCHOOL DISTRICT'S PROJECT 881
DETERMINED UNDER SECTION 3318.03 OF THE REVISED CODE AND SHALL 882
DEDUCT THE AMOUNT OF THE BONDS AUTHORIZED IN THAT BOND MEASURE 884
FROM THE AMOUNT OF THE SCHOOL DISTRICT'S PORTION OF THE BASIC 885
PROJECT COST AS DETERMINED UNDER SECTION 3318.032 OF THE REVISED 886
CODE.
A SCHOOL DISTRICT BOARD MAY COMBINE THE CREDIT FOR 888
PREVIOUSLY ISSUED BONDS AUTHORIZED UNDER THIS SECTION ALONG WITH 889
ANY LOCAL DONATED CONTRIBUTION, AS DESCRIBED UNDER SECTION 890
3318.084 OF THE REVISED CODE, IN MEETING THE SCHOOL DISTRICT'S 891
OBLIGATION TO RAISE ITS PORTION OF THE BASIC PROJECT COST OF ITS 892
CLASSROOM FACILITIES PROJECT UNDER SECTIONS 3318.01 TO 3318.20 OF 893
THE REVISED CODE. 894
Sec. 3318.035. (A) THIS SECTION APPLIES ONLY IF THERE IS 896
A CHANGE IN THE ASSESSMENT RATES ON GAS PIPELINES IMPOSED UNDER 897
STATE LAW. 898
(B) IF AT ANY TIME DIVISION (A) OF THIS SECTION APPLIES 900
AND IF THE CHANGE IN ASSESSMENT RATES DESCRIBED IN THAT DIVISION 902
AFFECTS A SCHOOL DISTRICT'S VALUATION AS DETERMINED UNDER 903
DIVISION (P) OF SECTION 3318.01 OF THE REVISED CODE BY GREATER 905
THAN TEN PER CENT AND IF THE OHIO SCHOOL FACILITIES COMMISSION 906
HAD DETERMINED THE STATE AND SCHOOL DISTRICT PORTION OF THE BASIC 907
PROJECT COST OF SUCH A DISTRICT'S PROJECT UNDER SECTION 3318.36 909
OF THE REVISED CODE PRIOR TO THAT CHANGE IN VALUATION, THE 911
COMMISSION SHALL ADJUST THE STATE AND SCHOOL DISTRICT PORTIONS OF 912
21
THE BASIC PROJECT COST OF THE SCHOOL DISTRICT'S PROJECT USING THE
VALUATION ALTERED BY THE CHANGE IN ASSESSMENT RATES DESCRIBED IN 913
DIVISION (A) OF THIS SECTION. 914
Sec. 3318.04. (A) If the Ohio school facilities 923
commission makes a determination under section 3318.03 of the 924
Revised Code in favor of constructing, acquiring, reconstructing, 926
or making additions to a classroom facility, the project shall be 927
conditionally approved. Such conditional approval shall be 928
submitted to the controlling board for approval thereof. The
controlling board shall forthwith approve or reject the 929
commission's determination, conditional approval, the amount of 931
the state's portion of the basic project cost, and, if the
state's portion exceeds forty TWENTY-FIVE million dollars, the 932
amount of the state's portion to be encumbered in the current 934
fiscal biennium. In the event of approval thereof by the 935
controlling board, the commission shall certify such conditional 937
approval to the school district board and shall encumber from the 938
total funds appropriated for the purpose of sections 3318.01 to
3318.20 of the Revised Code the amount of the state's portion of 939
the basic project cost or, if the state's portion exceeds forty 940
TWENTY-FIVE million dollars, the amount approved under this 942
section to be encumbered in the current fiscal biennium. 943
The basic project cost for a project approved under this 946
section shall not exceed the cost that would otherwise have to be
incurred if the classroom facilities to be constructed, acquired, 947
or reconstructed, or the additions to be made to classroom 948
facilities, under such project meet, but do not exceed, the 949
specifications for plans and materials for classroom facilities 950
adopted by the commission.
(B)(1) No school district shall have a project 952
conditionally approved pursuant to this section if the project 954
includes the reconstruction of, or the making of additions to, 955
any classroom facilities that were constructed, acquired, 956
reconstructed, or added to as part of SCHOOL DISTRICT HAS ALREADY 957
22
RECEIVED ANY ASSISTANCE FOR a project funded under any version of 958
sections 3318.01 to 3318.20 of the Revised Code, and the prior 960
project was one for which the electors of such district approved 961
a levy within the last ten TWENTY years pursuant to any version 963
of section 3318.06 of the Revised Code for purposes of qualifying 964
for the funding of that project, UNLESS THE DISTRICT DEMONSTRATES 965
TO THE SATISFACTION OF THE COMMISSION THAT THE DISTRICT HAS 967
EXPERIENCED SINCE APPROVAL OF ITS PRIOR PROJECT AN EXCEPTIONAL 968
INCREASE IN ENROLLMENT SIGNIFICANTLY ABOVE THE DISTRICT'S DESIGN 969
CAPACITY UNDER THAT PRIOR PROJECT AS DETERMINED BY RULE OF THE 970
COMMISSION.
(2) NOTWITHSTANDING DIVISION (B)(1) OF THIS SECTION, ANY 972
SCHOOL DISTRICT THAT RECEIVED ASSISTANCE UNDER SECTIONS 3318.01 973
TO 3318.20 OF THE REVISED CODE, AS THOSE SECTIONS EXISTED PRIOR 974
TO MAY 20, 1997, MAY RECEIVE ADDITIONAL ASSISTANCE UNDER THOSE 976
SECTIONS, AS THEY EXIST ON AND AFTER MAY 20, 1997, PRIOR TO THE 977
EXPIRATION OF THE PERIOD OF TIME REQUIRED UNDER DIVISION (B)(1) 978
OF THIS SECTION, IF THE PERCENTILE IN WHICH THE SCHOOL DISTRICT 979
IS LOCATED, AS DETERMINED UNDER SECTION 3318.011 OF THE REVISED 981
CODE, IS ELIGIBLE FOR ASSISTANCE AS PRESCRIBED IN SECTION 3318.02 983
OF THE REVISED CODE.
THE COMMISSION MAY PROVIDE ASSISTANCE UNDER SECTIONS 985
3318.01 TO 3318.20 OF THE REVISED CODE PURSUANT TO THIS DIVISION 986
TO NO MORE THAN FIVE SCHOOL DISTRICTS PER FISCAL YEAR UNTIL ALL 987
ELIGIBLE SCHOOL DISTRICTS HAVE RECEIVED THE ADDITIONAL ASSISTANCE 988
AUTHORIZED UNDER THIS DIVISION. THE COMMISSION SHALL ESTABLISH 989
APPLICATION PROCEDURES, DEADLINES, AND PRIORITIES FOR FUNDING 990
PROJECTS UNDER THIS DIVISION.
THE COMMISSION AT ITS DISCRETION MAY WAIVE CURRENT DESIGN 992
SPECIFICATIONS IT HAS ADOPTED FOR PROJECTS UNDER SECTIONS 3318.01 993
TO 3318.20 OF THE REVISED CODE WHEN ASSESSING AN APPLICATION FOR 994
ADDITIONAL ASSISTANCE UNDER THIS DIVISION FOR THE RENOVATION OF 995
CLASSROOM FACILITIES CONSTRUCTED OR RENOVATED UNDER A SCHOOL 997
DISTRICT'S PREVIOUS PROJECT. IF THE COMMISSION FINDS THAT A 999
23
SCHOOL DISTRICT'S EXISTING CLASSROOM FACILITIES ARE ADEQUATE TO 1,000
MEET ALL OF THE SCHOOL DISTRICT'S NEEDS, THE COMMISSION MAY
DETERMINE THAT NO ADDITIONAL STATE ASSISTANCE BE AWARDED TO A 1,001
SCHOOL DISTRICT UNDER THIS DIVISION. 1,002
IN ORDER FOR A SCHOOL DISTRICT TO BE ELIGIBLE TO RECEIVE 1,004
ANY ADDITIONAL ASSISTANCE UNDER THIS DIVISION, THE SCHOOL 1,005
DISTRICT ELECTORS SHALL EXTEND THE SCHOOL DISTRICT'S EXISTING 1,006
LEVY DEDICATED FOR MAINTENANCE OF CLASSROOM FACILITIES UNDER 1,007
CHAPTER 3318. OF THE REVISED CODE, PURSUANT TO SECTION 3318.061 1,009
OF THE REVISED CODE OR SHALL PROVIDE EQUIVALENT ALTERNATIVE 1,010
MAINTENANCE FUNDS AS SPECIFIED IN DIVISION (B) OF SECTION 3318.06 1,011
OF THE REVISED CODE.
Sec. 3318.05. The conditional approval of the Ohio school 1,020
facilities commission for a project shall lapse and the amount 1,022
reserved and encumbered for such project shall be released unless 1,023
the school district board accepts such conditional approval 1,024
within one hundred twenty days following the date of 1,025
certification of the conditional approval to the school district 1,026
board and the electors of the school district vote favorably on 1,028
both of the propositions described in divisions (A) and (B) of 1,029
this section within one year of the date of such certification, 1,030
except that a school district described in division (C) of this 1,031
section does not need to submit the proposition described in 1,032
division (B) of this section. The propositions described in 1,034
divisions (A) and (B) of this section shall be combined in a 1,035
single proposal. If the district board or the district's 1,036
electors fail to meet such requirements and the amount reserved 1,037
and encumbered for the district's project is released, the 1,038
district shall be given first priority for project funding as
such funds become available. 1,039
(A) On the question of issuing bonds of the school 1,041
district board, for the school district's portion of the basic 1,042
project cost, in an amount equal to the school district's portion 1,045
of the basic project cost LESS ANY DEDUCTION MADE UNDER SECTION 1,046
24
3318.033 OF THE REVISED CODE; and 1,047
(B) On the question of levying a tax the proceeds of which 1,050
shall be used to pay the cost of maintaining the classroom 1,051
facilities included in the project, except that in any year the
district's three-year average adjusted valuation per pupil is 1,052
greater than the state-wide median three-year average adjusted 1,055
valuation per pupil, one-half of the proceeds of the tax shall be 1,056
used for such maintenance and one-half of such proceeds shall be 1,057
paid to the state. Such tax shall be at the rate of NOT LESS 1,058
THAN one-half mill for each dollar of valuation until it 1,060
generates an amount not to exceed the amount of the project cost 1,062
supplied by the state, but in no case longer than FOR A PERIOD OF 1,063
twenty-three years, SUBJECT TO ANY EXTENSION APPROVED UNDER 1,065
SECTION 3318.061 OF THE REVISED CODE. 1,066
(C) If a school district has in place a tax levied under 1,068
section 5705.21 of the Revised Code for general ongoing permanent 1,069
improvements of at least two mills for each dollar of valuation 1,070
and the proceeds of such tax can be used for maintenance, the 1,071
school district need not levy the additional tax required under 1,073
division (B) of this section, provided the school district board 1,074
includes in the agreement entered into under section 3318.08 of 1,075
the Revised Code provisions earmarking an amount from the 1,076
proceeds of that permanent improvement tax for maintenance of 1,078
classroom facilities or for payments to the state equivalent to 1,080
the amount of the additional tax and for the equivalent number of 1,081
years otherwise required under this section.
(D) Proceeds of the tax to be used for maintenance of the 1,084
classroom facilities under either division (B) or (C) of this 1,085
section shall be deposited into a separate fund established by 1,086
the school district for such purpose.
Sec. 3318.052. NOTWITHSTANDING ANY PROVISION OF DIVISIONS 1,088
(A), (B), AND (C) OF SECTION 3318.05 OF THE REVISED CODE TO THE 1,090
CONTRARY, BY RESOLUTION ADOPTED BY A MAJORITY OF ALL ITS MEMBERS, 1,092
A SCHOOL DISTRICT BOARD MAY OPT TO APPLY THE PROCEEDS OF TAX 1,093
25
LEVIED UNDER SECTION 5705.21 OF THE REVISED CODE FOR GENERAL 1,094
ONGOING PERMANENT IMPROVEMENTS OR THE PROCEEDS OF SCHOOL DISTRICT 1,096
INCOME TAX LEVIED UNDER CHAPTER 5748. OF THE REVISED CODE, OR 1,097
PROCEEDS FROM A COMBINATION OF THOSE TWO TAXES, IF THE PROCEEDS 1,099
OF SUCH LEVIES MAY LAWFULLY BE USED FOR GENERAL CONSTRUCTION, 1,100
RENOVATION, REPAIR, OR MAINTENANCE OF CLASSROOM FACILITIES, IN 1,101
LIEU OF ALL OR PART OF THE BONDS AND TAX LEVIES OTHERWISE 1,103
REQUIRED UNDER DIVISIONS (A), (B), AND (C) OF SECTION 3318.05 OF 1,105
THE REVISED CODE, TO LEVERAGE BONDS ADEQUATE TO PAY ALL OR PART 1,106
OF THE SCHOOL DISTRICT PORTION OF A PROJECT UNDER SECTIONS 1,107
3318.01 TO 3318.20 OF THE REVISED CODE OR TO GENERATE AN AMOUNT 1,108
EQUIVALENT TO ALL OR PART OF THE PROCEEDS OF THE TAX REQUIRED 1,109
UNDER DIVISION (B) OF SECTION 3318.05 OF THE REVISED CODE TO BE 1,111
USED FOR MAINTENANCE OF CLASSROOM FACILITIES CONSTRUCTED, 1,113
RENOVATED, OR REPAIRED UNDER SUCH PROJECT. A SCHOOL DISTRICT 1,115
UNDERTAKING A PROJECT UNDER SECTIONS 3318.01 TO 3318.20 OF THE 1,116
REVISED CODE AND OPTING TO APPLY THE PROCEEDS OF THE TAX LEVIES 1,118
PURSUANT TO THIS SECTION SHALL BE SUBJECT TO ALL OTHER PROVISIONS 1,119
OF DIVISIONS (A), (B), AND (C) OF SECTION 3318.05 OF THE REVISED 1,121
CODE AND THE REQUIREMENT FOR A SEPARATE MAINTENANCE FUND UNDER 1,123
DIVISION (D) OF SECTION 3318.05 OF THE REVISED CODE. BONDS 1,124
ISSUED UNDER THIS SECTION SHALL BE CHAPTER 133. SECURITIES, BUT 1,126
THE ISSUANCE OF THE BONDS SHALL NOT BE SUBJECT TO A VOTE OF THE 1,127
ELECTORS OF THE SCHOOL DISTRICT AS LONG AS THE TAX LEVIES 1,128
EARMARKED FOR PAYMENT OF THE SERVICE CHARGES ON THE BONDS MAY 1,129
LAWFULLY BE USED FOR THAT PURPOSE.
NO STATE MONEYS SHALL BE RELEASED FOR A PROJECT TO WHICH 1,131
THIS SECTION APPLIES UNTIL THE PROCEEDS OF ANY BONDS ISSUED UNDER 1,132
THIS SECTION THAT ARE DEDICATED FOR THE PAYMENT OF THE SCHOOL 1,133
DISTRICT PORTION OF A PROJECT ARE FIRST DEPOSITED INTO THE SCHOOL 1,134
DISTRICT'S PROJECT CONSTRUCTION FUND. 1,135
Sec. 3318.055. NOTWITHSTANDING ANY PROVISION TO THE 1,137
CONTRARY IN SECTIONS 3318.05, 3318.06, 3318.061, 3318.08, 1,138
3318.36, 3318.361, AND 3318.38 OF THE REVISED CODE, IF THE AMOUNT 1,139
26
OF MONEY THAT WOULD BE RAISED IN A SCHOOL DISTRICT BY THE
TWENTY-THREE YEAR MAINTENANCE TAX SPECIFIED IN THOSE SECTIONS 1,140
DURING THE FIRST TWELVE-MONTH PERIOD OF ITS COLLECTION, AS 1,141
ESTIMATED BY THE DEPARTMENT OF TAXATION, WOULD BE LESS THAN TEN 1,142
PER CENT OF THE AMOUNT OF MONEY THAT THE SCHOOL DISTRICT WAS 1,143
REQUIRED TO DEPOSIT INTO ITS CAPITAL AND MAINTENANCE FUND DURING 1,144
THE MOST RECENT FISCAL YEAR UNDER SECTION 3315.18 OF THE REVISED
CODE, THE SCHOOL DISTRICT SHALL NOT BE REQUIRED TO INCLUDE SUCH 1,145
MAINTENANCE TAX ON A BALLOT PROPOSAL, AS OTHERWISE REQUIRED UNDER 1,146
SECTIONS 3318.05, 3318.06, 3318.061, 3318.08, 3318.36, 3318.361, 1,147
AND 3318.38 OF THE REVISED CODE.
Sec. 3318.06. After receipt of the conditional approval of 1,156
the Ohio school facilities commission, the school district board 1,158
by a majority of all of its members shall, if it desires to 1,159
proceed with the project, declare all of the following by 1,160
resolution:
(A) That by issuing bonds in an amount equal to the school 1,162
district's portion of the basic project cost, INCLUDING BONDS 1,164
PREVIOUSLY AUTHORIZED BY THE DISTRICT'S ELECTORS AS DESCRIBED IN 1,165
SECTION 3318.033 OF THE REVISED CODE, the district is unable to 1,166
provide adequate classroom facilities without assistance from the 1,168
state;
(B) That UNLESS THE SCHOOL DISTRICT BOARD HAS RESOLVED TO 1,170
APPLY THE PROCEEDS OF A PROPERTY TAX OR THE PROCEEDS OF AN INCOME 1,171
TAX, OR A COMBINATION OF PROCEEDS FROM SUCH TAXES, AS AUTHORIZED 1,172
UNDER SECTION 3318.052 OF THE REVISED CODE, THAT to qualify for 1,173
such state assistance it is necessary to do either of the 1,174
following:
(1) Levy a tax outside the ten-mill limitation the 1,176
proceeds of which shall be used to pay the cost of maintaining 1,178
the classroom facilities included in the project, except that in 1,179
any year the district's three-year average adjusted valuation per 1,180
pupil is greater than the statewide median three-year average 1,182
adjusted valuation per pupil, one-half of the proceeds of the tax 1,183
27
shall be used for such maintenance and one-half of such proceeds
shall be paid to the state; 1,184
(2) Earmark for maintenance of classroom facilities or for 1,186
payments to the state from the proceeds of an existing permanent 1,187
improvement tax levied under section 5705.21 of the Revised Code, 1,190
if such tax is of at least two mills for each dollar of valuation 1,191
and can be used for maintenance, an amount equivalent to the 1,192
amount of the additional tax otherwise required under this
section and sections 3318.05 and 3318.08 of the Revised Code. 1,194
(C) That the question of any tax levy specified in a 1,196
resolution described in division (B)(1) of this section, IF 1,197
REQUIRED, shall be submitted to the electors of the school 1,200
district at the next general or primary election, if there be a 1,201
general or primary election not less than seventy-five and not 1,202
more than ninety-five days after the day of the adoption of such 1,203
resolution or, if not, at a special election to be held at a time 1,204
specified in the resolution which shall be not less than 1,205
seventy-five days after the day of the adoption of the resolution 1,206
and which shall be in accordance with the requirements of section 1,207
3501.01 of the Revised Code.
Such resolution shall also state that the question of 1,210
issuing bonds of the board shall be combined in a single proposal 1,211
with the question of such tax levy. More than one election under 1,212
this section may be held in any one calendar year. Such 1,213
resolution shall specify both of the following:
(1) That the rate which it is necessary to levy shall be 1,215
at the rate of NOT LESS THAN one-half mill for each one dollar of 1,216
valuation, and that such tax shall be levied until it generates 1,219
an amount not to exceed the amount of the project cost supplied 1,221
by the state, but in no case longer than FOR A PERIOD OF 1,222
twenty-three years;
(2) That the proceeds of the tax shall be used to pay the 1,224
cost of maintaining the classroom facilities included in the 1,225
project, except in any year the district's three-year average 1,226
28
adjusted valuation per pupil is greater than the statewide median 1,228
three-year average adjusted valuation per pupil, one-half of the 1,229
proceeds of the tax shall be used for such maintenance and 1,230
one-half of the proceeds of the tax shall be paid to the state. 1,231
A copy of such resolution shall after its passage and not 1,233
less than seventy-five days prior to the date set therein for the 1,234
election be certified to the county board of elections. 1,235
The resolution of the school district board, in addition to 1,238
meeting other applicable requirements of section 133.18 of the 1,239
Revised Code, shall state that the amount of bonds to be issued 1,240
will be an amount equal to the school district's portion of the 1,241
basic project cost, and state the maximum maturity of the bonds 1,243
which, notwithstanding section 133.20 of the Revised Code, may be 1,244
any number of years not exceeding twenty-three as determined by 1,245
the board. In estimating the amount of bonds to be issued, the 1,246
board shall take into consideration the amount of moneys then in 1,247
the bond retirement fund and the amount of moneys to be collected 1,248
for and disbursed from the bond retirement fund during the 1,249
remainder of the year in which the resolution of necessity is 1,250
adopted.
Notice of the election shall include the fact that the tax 1,252
levy shall be at the rate of NOT LESS THAN one-half mill for each 1,253
one dollar of valuation, that the levy shall be made until it 1,256
generates an amount not to exceed the amount of the project cost 1,257
supplied by the state, but in no case longer than FOR A PERIOD OF 1,258
twenty-three years, and that the proceeds of the tax shall be 1,260
used to pay the cost of maintaining the classroom facilities 1,261
included in the project, except in any year the district's 1,262
three-year average adjusted valuation per pupil is greater than 1,263
the statewide median three-year average adjusted valuation per 1,264
pupil, one-half of the proceeds of the tax shall be used for such 1,266
maintenance and one-half of the proceeds of the tax shall be paid 1,267
to the state.
The form of the ballot to be used at such election shall 1,269
29
be: 1,270
"A majority affirmative vote is necessary for passage. 1,272
Shall bonds be issued by the ............ (here insert name 1,275
of school district) school district to pay the local share of 1,276
school construction under the State of Ohio Classroom Facilities 1,277
Assistance Program in the principal amount of ............ (here 1,278
insert principal amount of the bond issue), to be repaid annually 1,279
over a maximum period of ............ (here insert the maximum 1,280
number of years over which the principal of the bonds may be 1,281
paid) years, and an annual levy of property taxes be made outside 1,282
the ten-mill limitation, estimated by the county auditor to 1,283
average over the repayment period of the bond issue ............ 1,284
(here insert the number of mills estimated) mills for each one 1,285
dollar of tax valuation, which amounts to ............ (rate 1,286
expressed in cents or dollars and cents, such as "thirty-six 1,287
cents" or "$0.36") for each one hundred dollars of tax valuation 1,288
to pay the annual debt charges on the bonds and to pay debt 1,289
charges on any notes issued in anticipation of the bonds?" 1,290
and, unless the additional levy 1,291
of taxes is not required pursuant 1,292
to division (C) of section 1,293
3318.05 of the Revised Code, 1,294
"Shall an additional levy of taxes be made for a period not 1,296
to 1xceed OF twenty-three years to benefit the ............ (here 1,298
insert name of school district) school district, the proceeds of
which shall be used to pay the cost of maintaining the classroom 1,300
facilities included in the project, except that in any year the 1,302
district's three-year average adjusted valuation per pupil is 1,303
greater than the statewide median three-year average adjusted 1,304
valuation per pupil, one-half of the proceeds of the tax shall be 1,307
used for such maintenance and one-half of such proceeds shall be
paid to the state, at the rate of .......... (HERE INSERT THE 1,308
NUMBER OF MILLS, WHICH SHALL NOT BE LESS THAN one-half mill) 1,309
MILLS for each one dollar of valuation? 1,312
30
_______________________________________________ 1,314
FOR THE BOND ISSUE AND TAX LEVY 1,315
_______________________________________________ 1,316
AGAINST THE BOND ISSUE AND TAX LEVY 1,317
_______________________________________________ " 1,318
(D) If it is necessary for the school district to acquire 1,321
a site for the classroom facilities to be acquired pursuant to 1,322
sections 3318.01 to 3318.20 of the Revised Code, the district 1,323
board may propose either to issue bonds of the board or to levy a 1,324
tax to pay for the acquisition of such site, and may combine the 1,325
question of doing so with the questions specified in division (C)
of this section. Bonds issued under this division for the 1,326
purpose of acquiring a site are a general obligation of the 1,327
school district and are Chapter 133. securities. 1,328
The form of that portion of the ballot to include the 1,330
question of either issuing bonds or levying a tax for site 1,331
acquisition purposes shall be one of the following: 1,332
(1) "Shall bonds be issued by the ............ (here 1,335
insert name of the school district) school district to pay costs 1,336
of acquiring a site for classroom facilities under the State of 1,337
Ohio Classroom Facilities Assistance Program in the principal 1,339
amount of .......... (here insert principal amount of the bond 1,340
issue), to be repaid annually over a maximum period of ..........
(here insert maximum number of years over which the principal of 1,342
the bonds may be paid) years, and an annual levy of property 1,343
taxes be made outside the ten-mill limitation, estimated by the 1,344
county auditor to average over the repayment period of the bond 1,345
issue .......... (here insert number of mills) mills for each one
dollar of tax valuation, which amount to .......... (here insert 1,346
rate expressed in cents or dollars and cents, such as "thirty-six 1,347
cents" or "$0.36") for each one hundred dollars of valuation to 1,349
pay the annual debt charges on the bonds and to pay debt charges
on any notes issued in anticipation of the bonds?" 1,350
(2) "Shall an additional levy of taxes outside the 1,352
31
ten-mill limitation be made for the benefit of the .......... 1,353
(here insert name of the school district) .......... school 1,354
district for the purpose of acquiring a site for classroom 1,355
facilities in the sum of ......... (here insert annual amount the 1,356
levy is to produce) estimated by the county auditor to average 1,357
........ (here insert number of mills) mills for each one hundred 1,358
dollars of valuation, for a period of ......... (here insert 1,360
number of years the millage is to be imposed) years?" 1,361
Where it is necessary to combine the question of issuing 1,363
bonds of the school district and levying a tax as described in 1,364
division (C) of this section with the question of issuing bonds 1,365
of the school district for acquisition of a site, the question 1,366
specified in division (C) of this section to be voted on shall be 1,367
"For the Bond Issues and the Tax Levy" and "Against the Bond
Issues and the Tax Levy." 1,368
Where it is necessary to combine the question of issuing 1,370
bonds of the school district and levying a tax as described in 1,371
division (C) of this section with the question of levying a tax 1,372
for the acquisition of a site, the question specified in division 1,373
(C) of this section to be voted on shall be "For the Bond Issue 1,374
and the Tax Levies" and "Against the Bond Issue and the Tax
Levies." 1,375
If a majority of those voting upon a proposition hereunder 1,377
which includes the question of issuing bonds vote in favor 1,378
thereof, and if the agreement provided for by section 3318.08 of 1,379
the Revised Code has been entered into, the school district board 1,380
may proceed under Chapter 133. of the Revised Code, with the 1,381
issuance of bonds or bond anticipation notes in accordance with 1,382
the terms of the agreement. 1,383
Sec. 3318.061. THIS SECTION APPLIES ONLY TO SCHOOL 1,385
DISTRICTS ELIGIBLE TO RECEIVE ADDITIONAL ASSISTANCE UNDER 1,386
DIVISION (B)(2) OF SECTION 3318.04 OF THE REVISED CODE AND TO BIG 1,387
EIGHT DISTRICTS SEGMENTING PROJECTS UNDER SECTION 3318.38 OF THE 1,388
REVISED CODE.
32
THE BOARD OF EDUCATION OF A SCHOOL DISTRICT IN WHICH A TAX 1,390
DESCRIBED BY DIVISION (B) OF SECTION 3318.05 AND LEVIED UNDER 1,391
SECTION 3318.06 OF THE REVISED CODE IS IN EFFECT, MAY ADOPT A 1,392
RESOLUTION BY VOTE OF A MAJORITY OF ITS MEMBERS TO EXTEND THE 1,393
TERM OF THAT TAX BEYOND THE EXPIRATION OF THAT TAX AS ORIGINALLY 1,394
APPROVED UNDER THAT SECTION. THE SCHOOL DISTRICT BOARD MAY 1,395
INCLUDE IN THE RESOLUTION A PROPOSAL TO EXTEND THE TERM OF THAT 1,396
TAX AT THE RATE OF NOT LESS THAN ONE-HALF MILL FOR EACH DOLLAR OF 1,397
VALUATION FOR A PERIOD OF TWENTY-THREE YEARS FROM THE YEAR IN 1,398
WHICH THE SCHOOL DISTRICT BOARD AND THE OHIO SCHOOL FACILITIES 1,399
COMMISSION ENTER INTO AN AGREEMENT UNDER DIVISION (B)(2) OF 1,400
SECTION 3318.04 OF THE REVISED CODE OR IN THE FOLLOWING YEAR, AS 1,401
SPECIFIED IN THE RESOLUTION OR, AS APPLICABLE IN THE CASE OF A 1,402
DISTRICT SEGMENTING A PROJECT UNDER SECTION 3318.38 OF THE 1,403
REVISED CODE, FROM THE YEAR IN WHICH THE LAST SEGMENT IS 1,404
UNDERTAKEN. SUCH A RESOLUTION MAY BE ADOPTED AT ANY TIME BEFORE 1,405
SUCH AN AGREEMENT IS ENTERED INTO AND BEFORE THE TAX LEVIED 1,406
PURSUANT TO SECTION 3318.06 OF THE REVISED CODE EXPIRES. IF THE 1,407
RESOLUTION IS COMBINED WITH A RESOLUTION TO ISSUE BONDS TO PAY 1,408
THE SCHOOL DISTRICT'S PORTION OF THE BASIC PROJECT COST, IT SHALL 1,409
CONFORM WITH THE REQUIREMENTS OF DIVISIONS (A), (B), AND (C) OF 1,411
SECTION 3318.06 OF THE REVISED CODE, EXCEPT THAT THE RESOLUTION 1,413
ALSO SHALL STATE THAT THE TAX LEVY PROPOSED IN THE RESOLUTION IS 1,414
AN EXTENSION OF AN EXISTING TAX LEVIED UNDER THAT SECTION. A 1,415
RESOLUTION PROPOSING AN EXTENSION ADOPTED UNDER THIS SECTION DOES 1,416
NOT TAKE EFFECT UNTIL IT IS APPROVED BY A MAJORITY OF ELECTORS 1,417
VOTING IN FAVOR OF THE RESOLUTION AT A GENERAL, PRIMARY, OR 1,418
SPECIAL ELECTION AS PROVIDED IN THIS SECTION.
A TAX LEVY EXTENDED UNDER THIS SECTION IS SUBJECT TO THE 1,420
SAME TERMS AND LIMITATIONS TO WHICH THE ORIGINAL TAX LEVIED UNDER 1,421
SECTION 3318.06 OF THE REVISED CODE IS SUBJECT UNDER THAT 1,422
SECTION, EXCEPT THE TERM OF THE EXTENSION SHALL BE AS SPECIFIED 1,423
IN THIS SECTION.
THE SCHOOL DISTRICT BOARD SHALL CERTIFY A COPY OF THE 1,425
33
RESOLUTION ADOPTED UNDER THIS SECTION TO THE PROPER COUNTY BOARD 1,426
OF ELECTIONS NOT LATER THAN SEVENTY-FIVE DAYS BEFORE THE DATE SET 1,427
IN THE RESOLUTION AS THE DATE OF THE ELECTION AT WHICH THE 1,428
QUESTION WILL BE SUBMITTED TO ELECTORS. THE NOTICE OF THE 1,429
ELECTION SHALL CONFORM WITH THE REQUIREMENTS OF DIVISION (C) OF 1,430
SECTION 3318.06 OF THE REVISED CODE, EXCEPT THAT THE NOTICE ALSO 1,431
SHALL STATE THAT THE MAINTENANCE TAX LEVY IS AN EXTENSION OF AN 1,432
EXISTING TAX LEVY. 1,433
THE FORM OF THE BALLOT SHALL BE AS FOLLOWS: 1,435
"SHALL THE EXISTING TAX LEVIED TO PAY THE COST OF 1,437
MAINTAINING CLASSROOM FACILITIES CONSTRUCTED WITH THE PROCEEDS OF 1,438
THE PREVIOUSLY ISSUED BONDS AT THE RATE OF .......... (HERE 1,440
INSERT THE NUMBER OF MILLS, WHICH SHALL NOT BE LESS THAN ONE-HALF 1,441
MILL) MILLS PER DOLLAR OF TAX VALUATION, BE EXTENDED UNTIL 1,443
........ (HERE INSERT THE YEAR THAT IS TWENTY-THREE YEARS AFTER 1,444
THE YEAR IN WHICH THE DISTRICT AND COMMISSION WILL ENTER INTO AN 1,445
AGREEMENT UNDER DIVISION (B)(2) OF SECTION 3318.04 OF THE REVISED 1,446
CODE OR THE FOLLOWING YEAR)?
__________________________________________________ 1,449
FOR EXTENDING THE EXISTING TAX LEVY 1,450
__________________________________________________ 1,451
AGAINST EXTENDING THE EXISTING TAX LEVY 1,452
__________________________________________________" 1,453
SECTION 3318.07 OF THE REVISED CODE APPLIES TO BALLOT 1,456
QUESTIONS UNDER THIS SECTION. 1,457
Sec. 3318.08. If the requisite favorable vote on the 1,466
election is obtained, OR IF THE SCHOOL DISTRICT BOARD HAS 1,467
RESOLVED TO APPLY THE PROCEEDS OF A PROPERTY TAX LEVY OR THE 1,468
PROCEEDS OF AN INCOME TAX, OR A COMBINATION OF PROCEEDS FROM SUCH 1,469
TAXES, AS AUTHORIZED IN SECTION 3318.052 OF THE REVISED CODE, the 1,470
Ohio school facilities commission, upon certification TO IT of 1,472
EITHER the results of the election to it OR THE RESOLUTION UNDER 1,473
SECTION 3318.052 OF THE REVISED CODE, shall enter into a written 1,474
agreement with the school district board for the construction and 1,475
34
sale of the project, which agreement shall include, but need not 1,476
be limited to, the following provisions:
(A) The sale and issuance of bonds or notes in 1,478
anticipation thereof, as soon as practicable after the execution 1,479
of the agreement, in an amount equal to the school district's 1,481
portion of the basic project cost, INCLUDING ANY BONDS PREVIOUSLY 1,482
AUTHORIZED BY THE DISTRICT'S ELECTORS AS DESCRIBED IN SECTION 1,483
3318.033 OF THE REVISED CODE; provided, that if at that time the 1,484
county treasurer of each county in which the school district is 1,486
located has not commenced the collection of taxes on the general 1,487
duplicate of real and public utility property for the year in 1,488
which the controlling board approved the project, the school 1,489
district board shall authorize the issuance of a first 1,490
installment of bond anticipation notes in an amount specified by 1,491
the agreement, which amount shall not exceed an amount necessary 1,492
to raise the net bonded indebtedness of the school district as of 1,493
the date of the controlling board's approval to within five 1,495
thousand dollars of the required level of indebtedness for the 1,496
preceding year. In the event that a first installment of bond 1,497
anticipation notes is issued, the school district board shall, as 1,498
soon as practicable after the county treasurer of each county in 1,499
which the school district is located has commenced the collection 1,500
of taxes on the general duplicate of real and public utility 1,501
property for the year in which the controlling board approved the 1,502
project, authorize the issuance of a second and final installment 1,504
of bond anticipation notes or a first and final issue of bonds. 1,505
The combined value of the first and second installment of 1,508
bond anticipation notes or the value of the first and final issue 1,509
of bonds shall be equal to the school district's portion of the 1,510
basic project cost. The proceeds of any such bonds shall be used 1,511
first to retire any bond anticipation notes. Otherwise, the 1,514
proceeds of such bonds and of any bond anticipation notes, except 1,515
the premium and accrued interest thereon, shall be deposited in 1,516
the school district's project construction fund. In determining 1,517
35
the amount of net bonded indebtedness for the purpose of fixing 1,518
the amount of an issue of either bonds or bond anticipation 1,519
notes, gross indebtedness shall be reduced by moneys in the bond 1,520
retirement fund only to the extent of the moneys therein on the 1,521
first day of the year preceding the year in which the controlling 1,522
board approved the project. Should there be a decrease in the 1,524
tax valuation of the school district so that the amount of 1,525
indebtedness that can be incurred on the tax duplicates for the 1,527
year in which the controlling board approved the project is less 1,529
than the amount of the first installment of bond anticipation 1,530
notes, there shall be paid from the school district's project 1,531
construction fund to the school district's bond retirement fund 1,533
to be applied against such notes an amount sufficient to cause 1,534
the net bonded indebtedness of the school district, as of the 1,535
first day of the year following the year in which the controlling 1,536
board approved the project, to be within five thousand dollars of 1,537
the required level of indebtedness for the year in which the 1,538
controlling board approved the project. The maximum amount of 1,541
indebtedness to be incurred by any school district board as its 1,542
share of the cost of the project is either an amount that will 1,543
cause its net bonded indebtedness, as of the first day of the 1,545
year following the year in which the controlling board approved 1,546
the project, to be within five thousand dollars of the required 1,547
level of indebtedness, or an amount equal to the required 1,550
percentage of the basic project costs, whichever is greater. All 1,551
bonds and bond anticipation notes shall be issued in accordance 1,552
with Chapter 133. of the Revised Code, and notes may be renewed 1,553
as provided in section 133.22 of the Revised Code. 1,554
(B)(1) The transfer of such funds of the school district 1,556
board available for the project, together with the proceeds of 1,557
the sale of the bonds or notes, except premium, accrued interest, 1,558
and interest included in the amount of the issue, to the school 1,559
district's project construction fund; 1,560
(2) IF SECTION 3318.052 OF THE REVISED CODE APPLIES, THE 1,562
36
EARMARKING OF THE PROCEEDS OF A TAX LEVIED UNDER SECTION 5705.21 1,563
OF THE REVISED CODE FOR GENERAL ONGOING PERMANENT IMPROVEMENTS OR 1,564
THE PROCEEDS OF A SCHOOL DISTRICT INCOME TAX LEVIED UNDER CHAPTER 1,565
5748. OF THE REVISED CODE, OR THE PROCEEDS FROM A COMBINATION OF 1,566
THOSE TWO TAXES, IN AN AMOUNT TO PAY ALL OR PART OF THE SERVICE
CHARGES ON BONDS ISSUED TO PAY THE SCHOOL DISTRICT PORTION OF THE 1,567
PROJECT AND AN AMOUNT EQUIVALENT TO ALL OR PART OF THE TAX 1,568
REQUIRED UNDER DIVISION (B) OF SECTION 3318.05 OF THE REVISED 1,570
CODE.
(C) Either IF SECTION 3318.052 OF THE REVISED CODE DOES 1,572
NOT APPLY, EITHER of the following: 1,573
(1) The levy of the tax authorized at the election for the 1,575
payment of maintenance costs or payments to the state, as 1,576
specified in division (B) of section 3318.05 of the Revised Code; 1,578
(2) If the school district electors have approved a 1,580
continuing tax of at least two mills for each dollar of valuation 1,581
for general ongoing permanent improvements under section 5705.21 1,583
of the Revised Code and that tax can be used for maintenance, the 1,584
earmarking of an amount of the proceeds from such tax for 1,585
maintenance of classroom facilities or payments to the state as 1,586
specified in division (B) of section 3318.05 of the Revised Code. 1,587
(D) Ownership of or interest in the project during the 1,589
period of construction, which shall be divided between the 1,590
commission and the school district board in proportion to their 1,592
respective contributions to the school district's project 1,593
construction fund; 1,594
(E) Maintenance of the state's interest in the project 1,597
until any obligations issued for the project under section 1,598
3318.26 of the Revised Code are no longer outstanding; 1,599
(F) The insurance of the project by the school district 1,601
from the time there is an insurable interest therein and so long 1,602
as the state retains any ownership or interest in the project 1,604
pursuant to division (D) of this section, in such amounts and 1,607
against such risks as the commission shall require; provided, 1,609
37
that the cost of any required insurance until the project is 1,610
completed shall be a part of the basic project cost;
(G) The certification by the director of budget and 1,612
management that funds are available and have been set aside to 1,613
meet the state's share of the basic project cost as approved by 1,615
the controlling board pursuant to section 3318.04 of the Revised 1,616
Code;
(H) Authorization of the school district board to 1,618
advertise for and receive construction bids for the project, for 1,619
and on behalf of the commission, and to award contracts in the 1,621
name of the state subject to approval by the commission; 1,622
(I) Provisions for the disbursement of moneys from the 1,624
school district's project account upon issuance by the commission 1,626
or the commission's designated representative of vouchers for 1,627
work done to be certified to the commission by the treasurer of 1,630
the school district board; 1,631
(J) Disposal of any balance left in the school district's 1,633
project construction fund upon completion of the project; 1,635
(K) Limitations upon use of the project or any part of it 1,637
so long as any obligations issued to finance the project under 1,639
section 3318.26 of the Revised Code are outstanding; 1,640
(L) Provision for vesting the state's interest in the 1,642
project to the school district board when the obligations issued 1,644
to finance the project under section 3318.26 of the Revised Code 1,645
are outstanding;
(M) Provision for deposit of an executed copy of the 1,647
agreement in the office of the commission; 1,648
(N) Provision for termination of the contract and release 1,650
of the funds encumbered at the time of the conditional approval, 1,651
if the proceeds of the sale of the bonds of the school district 1,652
board are not paid into the school district's project 1,653
construction fund and if bids for the construction of the project 1,655
have not been taken within such period after the execution of the 1,656
agreement as may be fixed by the commission; 1,657
38
(O) Provision for the school district to maintain the 1,659
project in accordance with a plan approved by the commission; 1,661
(P) Provision that all state funds reserved and encumbered 1,664
to pay the state share of the cost of the project pursuant to 1,665
section 3318.03 of the Revised Code be spent on the construction 1,667
or acquisition of the project prior to the expenditure of any 1,668
funds provided by the school district to pay for its share of the 1,669
project cost, unless the school district certifies to the 1,670
commission that expenditure by the school district is necessary 1,671
to maintain the tax-exempt status of notes or bonds issued by the
school district to pay for its share of the project cost in which 1,672
case, the school district may commit to spend, or spend, a 1,673
portion of the funds it provides; 1,674
(Q) A provision stipulating that the commission may 1,676
prohibit the district from proceeding with any project if the 1,677
commission determines that the site is not suitable for 1,678
construction purposes. The commission may perform soil tests in 1,679
its determination of whether a site is appropriate for
construction purposes. 1,680
Sec. 3318.084. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN 1,682
CHAPTER 3318. OF THE REVISED CODE, A SCHOOL DISTRICT BOARD MAY 1,684
APPLY ANY LOCAL DONATED CONTRIBUTION TOWARD THE DISTRICT'S 1,685
PORTION OF THE BASIC PROJECT COST OF A PROJECT UNDER SECTIONS 1,686
3318.01 TO 3318.20 OF THE REVISED CODE AND MAY USE SUCH LOCAL 1,687
DONATED CONTRIBUTION TO REDUCE THE AMOUNT OF BONDS THE DISTRICT 1,688
OTHERWISE MUST ISSUE IN ORDER TO RECEIVE STATE ASSISTANCE UNDER 1,689
THOSE SECTIONS. 1,690
AS USED IN THIS SECTION, "LOCAL DONATED CONTRIBUTION" MEANS 1,693
EITHER OF THE FOLLOWING:
(A) ANY MONEYS IRREVOCABLY DONATED OR GRANTED TO A SCHOOL 1,695
DISTRICT BOARD BY A SOURCE OTHER THAN THE STATE WHICH THE BOARD 1,697
HAS THE AUTHORITY TO APPLY TO THE SCHOOL DISTRICT'S PROJECT UNDER 1,698
SECTIONS 3318.01 TO 3318.20 OF THE REVISED CODE AND WHICH THE 1,699
BOARD HAS PLEDGED FOR THAT PURPOSE BY RESOLUTION ADOPTED BY A
39
MAJORITY OF ITS MEMBERS; 1,700
(B) ANY IRREVOCABLE LETTER OF CREDIT ISSUED ON BEHALF OF A 1,702
SCHOOL DISTRICT OR ANY CASH A SCHOOL DISTRICT HAS ON HAND, 1,703
INCLUDING ANY YEAR-END OPERATING FUND BALANCES, THAT CAN BE SPENT 1,704
FOR CLASSROOM FACILITIES, EITHER OF WHICH THE SCHOOL DISTRICT 1,707
BOARD HAS ENCUMBERED FOR PAYMENT OF THE SCHOOL DISTRICT'S SHARE 1,708
OF ITS PROJECT UNDER SECTIONS 3318.01 TO 3318.20 OF THE REVISED 1,709
CODE AND EITHER OF WHICH HAS BEEN APPROVED BY THE OHIO SCHOOL 1,710
FACILITIES COMMISSION IN CONSULTATION WITH THE DEPARTMENT OF
EDUCATION. 1,711
NO STATE MONEYS SHALL BE RELEASED FOR A PROJECT TO WHICH 1,713
THIS SECTION APPLIES UNTIL ANY DONATED LOCAL CONTRIBUTION 1,714
AUTHORIZED UNDER THIS SECTION IS FIRST DEPOSITED INTO THE SCHOOL 1,715
DISTRICT'S PROJECT CONSTRUCTION FUND. 1,716
Sec. 3318.085. (A) AS USED IN THIS SECTION, "ELIGIBLE 1,718
SCHOOL DISTRICT" MEANS A SCHOOL DISTRICT THAT IS ELIGIBLE FOR 1,719
STATE ASSISTANCE UNDER CHAPTER 3318. OF THE REVISED CODE, AND FOR 1,720
WHICH THE AMOUNT OF BOND MONEY THAT WILL BE USED TO RAISE THE 1,722
SCHOOL DISTRICT'S PORTION OF THE BASIC PROJECT COST OF A 1,723
CLASSROOM FACILITIES PROJECT UNDER THAT CHAPTER IS NOT GREATER 1,724
THAN FIFTEEN MILLION DOLLARS.
(B) BEGINNING JANUARY 1, 2001, SOLELY FOR THE PURPOSE OF 1,727
ACQUIRING CLASSROOM FACILITIES UNDER ANY PROGRAM AUTHORIZED IN 1,729
CHAPTER 3318. OF THE REVISED CODE, THE BOARDS OF EDUCATION OF TWO 1,730
OR MORE ELIGIBLE SCHOOL DISTRICTS MAY ENTER INTO AN AGREEMENT 1,731
WITH THE TREASURER OF STATE AND A TRUSTEE SELECTED BY THE 1,732
TREASURER OF STATE, WHICH TRUSTEE SHALL BE A BANK OR TRUST 1,733
COMPANY AUTHORIZED TO EXERCISE CORPORATE TRUST POWERS WITHIN THE 1,734
STATE. UNDER THAT AGREEMENT, THE TRUSTEE SHALL PURCHASE BONDS 1,735
THAT HAVE BEEN APPROVED FOR ISSUANCE BY THE ELECTORS OF THOSE 1,736
SCHOOL DISTRICTS TO PAY THE SCHOOL DISTRICTS' RESPECTIVE PORTIONS 1,737
OF THEIR PROJECTS UNDER CHAPTER 3318. OF THE REVISED CODE, AND 1,739
THE TRUSTEE SHALL ISSUE AND SELL CERTIFICATES OF PARTICIPATION IN 1,740
THE PRINCIPAL AND INTEREST PAYMENTS TO BE PAID ON THOSE BONDS.
40
THE LIABILITY OF ANY SCHOOL DISTRICT UNDER THE AGREEMENT SHALL 1,741
NOT EXCEED THE AMOUNT NECESSARY TO PAY THE PRINCIPAL OF AND 1,742
INTEREST ON THAT SCHOOL DISTRICT'S BONDS PLUS THAT SCHOOL 1,743
DISTRICT'S SHARE OF THE COSTS ASSOCIATED WITH THE ISSUANCE OF THE 1,744
CERTIFICATES OF PARTICIPATION. THE AGGREGATE PRINCIPAL AMOUNT OF 1,745
ANY ISSUE OF CERTIFICATES OF PARTICIPATION SHALL NOT BE LESS THAN 1,746
TEN MILLION DOLLARS. THE AGREEMENT AND ANY CERTIFICATES OF 1,747
PARTICIPATION ISSUED IN ACCORDANCE WITH THE AGREEMENT SHALL HOLD 1,748
THE STATE HARMLESS FROM ANY LIABILITY OR OBLIGATION INCURRED BY A 1,749
SCHOOL DISTRICT UNDER THE AGREEMENT OR UNDER THE SCHOOL 1,750
DISTRICT'S BONDS. THE TREASURER OF STATE MAY APPOINT OR PROVIDE 1,751
FOR THE APPOINTMENT OF TRUSTEES, PAYING AGENTS, REGISTRARS, 1,752
SECURITIES DEPOSITORIES, CLEARING CORPORATIONS, AND TRANSFER 1,753
AGENTS, AND MAY WITHOUT NEED FOR ANY OTHER APPROVAL RETAIN OR 1,754
CONTRACT FOR THE SERVICES OF UNDERWRITERS, INVESTMENT BANKERS, 1,755
FINANCIAL ADVISERS, ACCOUNTING EXPERTS, MARKETING, REMARKETING, 1,756
INDEXING, AND ADMINISTRATIVE AGENTS, OR OTHER CONSULTANTS AND 1,757
INDEPENDENT CONTRACTORS, INCLUDING PROVIDERS OF PRINTING 1,758
SERVICES, AS ARE NECESSARY IN THE JUDGMENT OF THE TREASURER OF 1,759
STATE TO CARRY OUT THE FUNCTIONS PROVIDED FOR IN THIS SECTION. 1,760
FINANCING COSTS ARE PAYABLE, AS MAY BE PROVIDED IN THE
PROCEEDINGS AUTHORIZING THE CERTIFICATES OF PARTICIPATION, FROM 1,761
THE PROCEEDS OF THE OBLIGATIONS, FROM SPECIAL FUNDS, OR FROM 1,762
OTHER PARTICIPATING SCHOOL DISTRICT MONEYS THAT ARE AVAILABLE AND 1,763
MAY LAWFULLY BE USED FOR SUCH PURPOSE. EXCEPT FOR AGREEMENTS 1,764
ENTERED INTO IN CONNECTION WITH THE REFUNDING OF BONDS AND 1,765
CERTIFICATES OF PARTICIPATION THEREIN, THE TREASURER OF STATE 1,766
SHALL NOT ENTER INTO MORE THAN TWO AGREEMENTS UNDER THIS SECTION 1,767
IN ANY FISCAL YEAR.
Sec. 3318.11. For any project for which the state's 1,777
portion of the basic project cost exceeds forty TWENTY-FIVE 1,778
million dollars, the amount of state appropriations to be 1,780
encumbered for the project in each fiscal biennium shall be 1,781
determined by the Ohio school facilities commission based on the 1,782
41
project's estimated construction schedule for that biennium. In 1,783
each fiscal biennium subsequent to the first biennium in which 1,784
state appropriations are encumbered for the project, the project 1,785
has priority for state funds over projects for which initial
state funding is sought. 1,786
Sec. 3318.13. Notwithstanding any provision of sections 1,795
5705.27 to 5705.50 of the Revised Code, the tax to be levied on 1,796
all taxable property within a school district for the purpose of 1,797
paying the cost of maintaining the classroom facilities included 1,798
in the project or for paying the state under the agreement 1,800
provided in section 3318.08 of the Revised Code or the
supplemental agreement provided in section 3318.081 of the 1,801
Revised Code shall be included in the budget of the school 1,802
district for each year upon the certification to the county 1,803
budget commission or commissions of the county or counties in 1,804
which said school district is located, by the Ohio school 1,805
facilities commission of the balance due the state under said 1,807
agreement or supplemental agreement. Such certification shall be 1,808
made on or before the fifteenth day of July in each year. 1,809
Thereafter, the respective county budget commissions shall treat 1,810
such certification as an additional item on the tax budget for 1,811
the school district as to which such certification has been made 1,812
and shall provide for the levy therefor in the manner provided in 1,813
sections 5705.27 to 5705.50 of the Revised Code for tax levies 1,814
included directly in the budgets of the subdivisions. 1,815
The levy of taxes shall be included in the next annual tax 1,817
budget that is certified to the county budget commission after 1,818
the execution of the agreement for the project. 1,819
Sec. 3318.14. Notwithstanding the provision of section 1,828
321.31 of the Revised Code, immediately after each settlement 1,829
with the county auditor, on presentation of the warrant of the 1,830
county auditor therefor, the county treasurer shall pay to the 1,831
school district the proceeds of the tax levy provided in section 1,832
3318.13 of the Revised Code to be used to pay the cost of
42
maintaining the classroom facilities included in the project and 1,834
pay to the Ohio school facilities commission any proceeds of the 1,836
tax levy provided in section 3318.13 of the Revised Code to be 1,837
paid to the state.
Sec. 3318.15. There is hereby created the public school 1,846
building fund within the state treasury consisting of all moneys 1,847
received from payments to the state pursuant to division (C) of 1,849
section 3318.08 of the Revised Code, any moneys transferred or 1,850
appropriated to the fund by the general assembly, and any grants, 1,851
gifts, or contributions received by the Ohio school facilities 1,852
commission to be used for the purposes of the fund. All 1,853
investment earnings of the fund shall be credited to the fund.
Moneys transferred or appropriated to the fund by the 1,855
general assembly and moneys in the fund from grants, gifts, and 1,856
contributions shall be used for the purposes of sections 3318.01 1,858
to 3318.20 of the Revised Code. The moneys in the fund received 1,859
from payments to the state pursuant to division (C) of section 1,860
3318.08 of the Revised Code shall be held in a separate account
in the fund. Such moneys may be used partially for the purposes 1,863
of sections 3318.01 to 3318.20 of the Revised Code and partially 1,865
to pay bond service charges as defined in division (C) of section 1,866
3318.21 of the Revised Code on obligations. 1,867
Sec. 3318.31. (A) The Ohio school facilities commission 1,877
may perform any act and ensure the performance of any function 1,878
necessary or appropriate to carry out the purposes of, and 1,879
exercise the powers granted under, sections 3318.01 to 3318.33 1,880
and section 3318.36 CHAPTER 3318. of the Revised Code, including 1,881
any of the following: 1,883
(1) Employ and fix the compensation of such employees as 1,887
will facilitate the activities and purposes of the commission, 1,888
and who shall serve at the pleasure of the commission.
(2) Adopt, amend, and rescind, pursuant to section 111.15 1,891
of the Revised Code, rules for the administration of sections 1,893
3318.01 to 3318.33 and section 3318.36 PROGRAMS AUTHORIZED UNDER 1,894
43
CHAPTER 3318. of the Revised Code. 1,896
(3) Contract with, retain the services of, or designate, 1,899
and fix the compensation of, such agents, accountants, 1,900
consultants, advisers, and other independent contractors as may 1,901
be necessary or desirable to carry out the purposes of sections 1,902
3318.01 to 3318.33 and section 3318.36 PROGRAMS AUTHORIZED UNDER 1,903
CHAPTER 3318. of the Revised Code. 1,904
(4) Receive and accept any gifts, grants, donations, and 1,907
pledges, and receipts therefrom, to be used for the purposes of 1,908
sections 3318.01 to 3318.33 and section 3318.36 PROGRAMS 1,909
AUTHORIZED UNDER CHAPTER 3318. of the Revised Code. 1,910
(5) Make and enter into all contracts, commitments, and 1,913
agreements, and execute all instruments, necessary or incidental 1,914
to the performance of its duties and the execution of its rights 1,915
and powers under sections 3318.01 to 3318.33 and section 3318.36 1,916
CHAPTER 3318. of the Revised Code. 1,918
(B) The attorney general shall serve as the legal 1,921
representative for the commission and may appoint other counsel
as necessary for that purpose in accordance with section 109.07 1,923
of the Revised Code. 1,924
Sec. 3318.311. NOT LESS THAN SIX MONTHS AFTER THE 1,926
EFFECTIVE DATE OF THIS SECTION, THE OHIO SCHOOL FACILITIES 1,927
COMMISSION SHALL PRESENT TO THE SPEAKER OF THE HOUSE OF 1,928
REPRESENTATIVES, THE PRESIDENT OF THE SENATE, AND THE GOVERNOR A 1,929
PROPOSAL FOR LEGISLATION TO PROVIDE CLASSROOM FACILITIES 1,930
ASSISTANCE TO JOINT VOCATIONAL SCHOOL DISTRICTS. 1,931
NOT LATER THAN SIX MONTHS AFTER THE EFFECTIVE DATE OF THIS 1,934
SECTION, THE COMMISSION SHALL ESTABLISH DESIGN SPECIFICATIONS FOR
CLASSROOM FACILITIES THAT ARE APPROPRIATE FOR JOINT VOCATIONAL 1,936
EDUCATION PROGRAMS. THE SPECIFICATIONS SHALL PROVIDE STANDARDS 1,937
FOR APPROPRIATE PUPIL INSTRUCTION SPACE BUT SHALL NOT INCLUDE 1,938
STANDARDS FOR ANY VOCATIONAL EDUCATION FURNISHINGS OR EQUIPMENT 1,939
THAT IS NOT COMPARABLE TO, OR THE VOCATIONAL EDUCATION EQUIVALENT 1,940
OF, THE FURNISHINGS OR EQUIPMENT FOR WHICH ASSISTANCE IS 1,942
44
AVAILABLE TO OTHER SCHOOL DISTRICTS UNDER SECTIONS 3318.01 TO 1,943
3318.20 OF THE REVISED CODE.
Sec. 3318.351. (A) AS USED IN THIS SECTION: 1,945
(1) "CLASSROOM FACILITIES" HAS THE SAME MEANING AS IN 1,947
SECTION 3318.01 OF THE REVISED CODE. 1,948
(2) "EMERGENCY PROJECT" MEANS RECONSTRUCTION OR RENOVATION 1,950
OF OR REPAIR TO ANY CLASSROOM FACILITIES MADE NECESSARY BECAUSE 1,951
OF DAMAGE DUE TO AN ACT OF GOD. 1,952
(3) "ELIGIBLE SCHOOL DISTRICT" MEANS ANY SCHOOL DISTRICT 1,954
IN THE FIRST THROUGH ONE-HUNDREDTH PERCENTILES AS DETERMINED 1,955
UNDER SECTION 3318.011 OF THE REVISED CODE. 1,956
(B)(1) THERE IS HEREBY ESTABLISHED THE SCHOOL BUILDING 1,958
EMERGENCY ASSISTANCE PROGRAM, UNDER WHICH THE OHIO SCHOOL 1,959
FACILITIES COMMISSION SHALL DISTRIBUTE GRANTS TO ELIGIBLE SCHOOL 1,960
DISTRICTS FROM MONEYS SPECIFICALLY APPROPRIATED BY THE GENERAL 1,962
ASSEMBLY FOR THE PURPOSES OF THIS SECTION TO ASSIST IN EMERGENCY 1,963
PROJECTS. ANY ASSISTANCE UNDER THIS SECTION SHALL BE USED TO PAY 1,964
THE COST OF ONLY THE PORTION OF AN EMERGENCY PROJECT THAT IS NOT 1,965
COVERED BY INSURANCE OR OTHER PUBLIC OR PRIVATE EMERGENCY 1,966
ASSISTANCE RECEIVED BY OR PAYABLE TO THE SCHOOL DISTRICT. ANY 1,967
DAMAGE TO CLASSROOM FACILITIES CAUSED BY AGE OF THE FACILITIES OR 1,968
BY LACK OF TIMELY MAINTENANCE TO THE FACILITIES SHALL NOT 1,969
CONSTITUTE DAMAGE THAT IS SUBJECT TO ASSISTANCE UNDER THIS 1,970
SECTION. 1,971
(2) THE COMMISSION SHALL ESTABLISH PROCEDURES AND 1,973
DEADLINES FOR ELIGIBLE SCHOOL DISTRICTS TO FOLLOW IN APPLYING FOR 1,974
ASSISTANCE UNDER THIS SECTION. THE COMMISSION SHALL CONSIDER 1,975
SUCH APPLICATIONS ON A CASE-BY-CASE BASIS TAKING INTO ACCOUNT THE 1,976
AMOUNT OF MONEYS AVAILABLE UNDER THIS SECTION. 1,977
(3) EVERY EFFORT SHALL BE MADE TO CONFORM AN EMERGENCY 1,979
PROJECT TO DESIGN SPECIFICATIONS ADOPTED BY THE COMMISSION, 1,980
INCLUDING MINIMUM CAPACITY REQUIREMENTS ADOPTED UNDER SECTION 1,981
3318.03 OF THE REVISED CODE, UNLESS IN THE JUDGMENT OF THE 1,982
COMMISSION IT IS NOT POSSIBLE TO CONFORM THE PROJECT TO SUCH 1,983
45
SPECIFICATIONS.
Sec. 3318.36. (A) As used in this section: 1,993
(1) "Ohio school facilities commission," "classroom 1,995
facilities," "school district," "school district board," "net 1,996
bonded indebtedness," "required percentage of the basic project 1,997
costs," "basic project cost," "valuation," and "percentile" have 1,998
the same meanings as in section 3318.01 of the Revised Code. 1,999
(2) "Required level of indebtedness" means five per cent 2,001
of the school district's valuation for the year preceding the 2,002
year in which the commission and school district enter into an 2,003
agreement under division (B) of this section, plus [two 2,004
one-hundredths of one per cent multiplied by (the percentile in 2,005
which the district ranks in the fiscal year the commission and 2,006
the school district enter into such agreement minus one)<. 2,007
(3) "LOCAL RESOURCES" MEANS ANY MONEYS GENERATED IN ANY 2,009
MANNER PERMITTED FOR A SCHOOL DISTRICT BOARD TO RAISE THE SCHOOL 2,010
DISTRICT PORTION OF A PROJECT UNDERTAKEN WITH ASSISTANCE UNDER 2,012
SECTIONS 3318.01 TO 3318.20 OF THE REVISED CODE. 2,013
(B)(1) There is hereby established the school building 2,015
assistance expedited local partnership program. Under the 2,016
program, the Ohio school facilities commission may enter into an 2,017
agreement with the school district board of any school district 2,019
ranked in the twentieth to fortieth percentiles, as determined 2,020
under section 3318.011 of the Revised Code in the fiscal year 2,021
that the commission and school district board enter into such 2,023
agreement. Under the agreement, UNDER WHICH the school district 2,025
board may proceed with the new construction or major repairs of a 2,026
part of the school district's classroom facilities needs, as 2,027
determined under sections 3318.01 to 3318.20 of the Revised Code, 2,028
through the expenditure of local resources prior to the school 2,029
district's eligibility for state assistance under sections 2,030
3318.01 to 3318.20 of the Revised Code and may apply that 2,031
expenditure toward meeting the school district's portion of the 2,032
basic project cost of the total of the school district's 2,034
46
classroom facilities needs, as determined under sections 3318.01
to 3318.20 of the Revised Code and as recalculated under division 2,035
(E) of this section, that are eligible for state assistance under 2,036
sections 3318.01 to 3318.20 of the Revised Code when the school 2,037
district becomes eligible for such state assistance. ANY SCHOOL 2,039
DISTRICT THAT IS REASONABLY EXPECTED TO RECEIVE ASSISTANCE UNDER
SECTIONS 3318.01 TO 3318.20 OF THE REVISED CODE WITHIN TWO FISCAL 2,040
YEARS FROM THE DATE THE SCHOOL DISTRICT ADOPTS ITS RESOLUTION 2,041
UNDER DIVISION (B) OF THIS SECTION SHALL NOT BE ELIGIBLE TO 2,042
PARTICIPATE IN THE PROGRAM.
The commission may enter into an agreement under this 2,044
section with no more than five school districts each year. 2,045
(2) To participate in the program, a school district board 2,047
shall first adopt a resolution certifying to the commission the 2,049
board's intent to participate in the program. 2,050
The commission shall consider school districts for 2,052
participation in the program under this section each year in the 2,053
order in which they adopt the resolutions required under this 2,054
section and submit them to the commission.
THE RESOLUTION SHALL SPECIFY THE APPROXIMATE DATE THAT THE 2,056
BOARD INTENDS TO SEEK ELECTOR APPROVAL OF ANY BOND OR TAX 2,057
MEASURES OR TO APPLY OTHER LOCAL RESOURCES TO USE TO PAY THE COST 2,059
OF CLASSROOM FACILITIES TO BE CONSTRUCTED UNDER THIS SECTION. 2,060
THE RESOLUTION SHALL NOT SPECIFY AN ELECTION SOONER THAN TWELVE 2,061
MONTHS AFTER THE DATE THE RESOLUTION IS ADOPTED BY THE BOARD. 2,062
THE BOARD SHALL SUBMIT ITS RESOLUTION TO THE COMMISSION NOT LATER 2,063
THAN TEN DAYS AFTER THE DATE THE RESOLUTION IS ADOPTED BY THE 2,064
BOARD.
THE COMMISSION SHALL NOT CONSIDER ANY RESOLUTION THAT IS 2,066
SUBMITTED PURSUANT TO DIVISION (B)(2) OF THIS SECTION, AS AMENDED 2,067
BY THIS AMENDMENT, SOONER THAN THE EFFECTIVE DATE OF THIS 2,068
AMENDMENT.
(3) Any project under this section shall comply with 2,070
section 3318.03 of the Revised Code and with any specifications 2,071
47
for plans and materials for classroom facilities adopted by the 2,072
commission under section 3318.04 of the Revised Code. 2,073
(C) If the commission and a school district board enter 2,075
into an agreement authorized under division (B) of this section, 2,076
the commission shall conduct on-site visits to the school 2,077
district and shall conduct an assessment of the school district's 2,079
classroom facilities needs as authorized in section 3318.021 of 2,080
the Revised Code within six months of the execution of the 2,081
agreement. Based on the results of the on-site visits and 2,082
assessment CONDUCTED UNDER DIVISION (B)(2) OF THIS SECTION, the 2,083
commission shall determine the basic project cost of the school 2,084
district's classroom facilities needs. The commission shall 2,085
determine the school district's portion of such basic project 2,086
cost, which shall be the greater of: 2,087
(1) The required percentage of the basic project costs, 2,089
determined based on the school district's percentile ranking in 2,090
the fiscal year the commission and the school district enter into 2,091
the agreement under division (B) of this section; 2,092
(2) An amount necessary to raise the school district's net 2,094
bonded indebtedness, as of the fiscal year the commission and the 2,095
school district enter into the agreement under division (B) of 2,096
this section, to within five thousand dollars of the required 2,097
level of indebtedness.
(D)(1) When the commission determines the basic project 2,099
cost of the classroom facilities needs of a school district and 2,100
the school district's portion of that basic project cost under 2,102
division (C) of this section, the project shall be conditionally 2,103
approved. Such conditional approval shall be submitted to the 2,104
controlling board for approval thereof. The controlling board 2,105
shall forthwith approve or reject the commission's determination, 2,106
conditional approval, and the amount of the state's portion of 2,107
the basic project cost; however, no state funds shall be 2,108
encumbered under this section. Upon approval by the controlling 2,109
board, the school district board may identify a discrete part of 2,110
48
its classroom facilities needs, which shall include only new 2,111
construction of or additions or major repairs to a particular 2,112
building, to address with local resources. Upon identifying a 2,113
part of the school district's basic project cost to address with 2,114
local resources, the school district board may allocate any 2,115
available school district moneys to pay the cost of that 2,116
identified part, including the proceeds of an issuance of bonds
if approved by the electors of the school district. 2,118
All local resources utilized under this division shall 2,120
first be deposited in the project construction account required 2,121
under section 3318.08 of the Revised Code. 2,122
(2) For UNLESS THE SCHOOL DISTRICT BOARD EXERCISES ITS 2,124
OPTION UNDER DIVISION (D)(3) OF THIS SECTION, FOR a school 2,125
district to qualify for participation in the program authorized 2,127
under this section, the EITHER:
(a) THE electors of the school district by a majority vote 2,130
shall approve the levy of taxes outside the ten-mill limitation 2,131
for a period not to exceed OF twenty-three years at the rate of 2,133
NOT LESS THAN one-half mill for each dollar of valuation to be 2,134
used to pay the cost of maintaining the classroom facilities 2,135
included in the basic project cost as determined by the 2,136
commission. The form of the ballot to be used to submit the 2,139
question whether to approve the tax required under this division 2,140
to the electors of the school district shall be the form for an 2,141
additional levy of taxes prescribed in division (C) of section 2,142
3318.06 3318.361 of the Revised Code. Proceeds of this 2,143
additional levy of taxes 2,144
(b) AS AUTHORIZED UNDER DIVISION (C) OF SECTION 3318.05 OF 2,147
THE REVISED CODE, THE SCHOOL DISTRICT BOARD SHALL EARMARK FROM 2,149
THE PROCEEDS OF A PERMANENT IMPROVEMENT TAX LEVIED UNDER SECTION 2,150
5705.21 OF THE REVISED CODE, AN AMOUNT EQUIVALENT TO THE 2,151
ADDITIONAL TAX OTHERWISE REQUIRED UNDER DIVISION (D)(2)(a) OF 2,153
THIS SECTION FOR THE MAINTENANCE OF THE CLASSROOM FACILITIES 2,155
INCLUDED IN THE BASIC PROJECT COST AS DETERMINED BY THE 2,156
49
COMMISSION.
(3) A SCHOOL DISTRICT BOARD MAY OPT TO DELAY LEVYING THE 2,158
ADDITIONAL TAX REQUIRED UNDER DIVISION (D)(2)(a) OF THIS SECTION 2,160
OR EARMARKING OF THE PROCEEDS OF A PERMANENT IMPROVEMENT TAX 2,161
ALTERNATIVELY REQUIRED UNDER DIVISION (D)(2)(b) OF THIS SECTION 2,163
UNTIL SUCH TIME AS THE SCHOOL DISTRICT BECOMES ELIGIBLE FOR STATE 2,164
ASSISTANCE UNDER SECTIONS 3318.01 TO 3318.20 OF THE REVISED CODE. 2,166
IN ORDER TO EXERCISE ITS OPTION UNDER THIS DIVISION, THE BOARD 2,167
SHALL CERTIFY TO THE COMMISSION A RESOLUTION INDICATING THE
BOARD'S INTENT TO DO SO PRIOR TO ENTERING INTO AN AGREEMENT UNDER 2,169
DIVISION (B) OF THIS SECTION.
(4) IF PURSUANT TO DIVISION (D)(3) OF THIS SECTION A 2,171
DISTRICT BOARD OPTS TO DELAY LEVYING AN ADDITIONAL TAX UNTIL THE 2,173
DISTRICT BECOMES ELIGIBLE FOR STATE ASSISTANCE, IT SHALL SUBMIT 2,174
THE QUESTION OF LEVYING THAT TAX TO THE DISTRICT ELECTORS AS 2,175
FOLLOWS:
(a) IN ACCORDANCE WITH SECTION 3318.06 OF THE REVISED CODE 2,178
IF IT WILL ALSO BE NECESSARY PURSUANT TO DIVISION (E) OF THIS 2,179
SECTION TO SUBMIT A PROPOSAL FOR APPROVAL OF A BOND ISSUE; 2,180
(b) IN ACCORDANCE WITH SECTION 3318.361 OF THE REVISED 2,183
CODE IF IT IS NOT NECESSARY TO ALSO SUBMIT A PROPOSAL FOR 2,184
APPROVAL OF A BOND ISSUE PURSUANT TO DIVISION (E) OF THIS 2,185
SECTION.
(5) NO STATE ASSISTANCE UNDER SECTIONS 3318.01 TO 3318.20 2,189
OF THE REVISED CODE SHALL BE RELEASED UNTIL A SCHOOL DISTRICT 2,190
BOARD THAT ADOPTS AND CERTIFIES A RESOLUTION UNDER THIS DIVISION 2,191
EITHER HAS LEVIED THE ADDITIONAL TAX OR HAS EARMARKED THE 2,192
PROCEEDS OF A TAX AS SPECIFIED IN DIVISION (D) OF THIS SECTION. 2,193
ANY AMOUNT REQUIRED FOR MAINTENANCE UNDER DIVISION (D)(2) 2,195
OF THIS SECTION shall be deposited into a separate fund as 2,197
specified in division (B) of section 3318.05 of the Revised Code. 2,198
(E)(1) If the school district becomes eligible for state 2,200
assistance under sections 3318.01 to 3318.20 of the Revised Code 2,202
based on its percentile ranking as determined under division (B) 2,203
50
of this section, the commission shall conduct a new assessment of 2,204
the school district's classroom facilities needs and shall 2,205
recalculate the basic project cost based on this new assessment. 2,206
The basic project cost recalculated under this division shall 2,207
include the amount of expenditures made by the school district 2,208
board under division (D)(1) of this section. The commission
shall then recalculate the school district's portion of the new 2,209
basic project cost by utilizing, WHICH SHALL BE the proportion 2,210
PERCENTAGE of the original basic project cost assigned to the 2,213
school district as its portion under division (C) of this
section. The commission shall deduct the expenditure of school 2,214
district moneys made under division (D)(1) of this section from 2,216
the school district's portion of the basic project cost as
recalculated under this division. If the amount of school 2,218
district resources applied by the school district board to the
school district's portion of the basic project cost under this 2,220
section is less than the total amount of such portion as 2,221
recalculated under this division, the school district board by a 2,222
majority vote of all of its members shall, if it desires to seek 2,223
state assistance under sections 3318.01 to 3318.20 of the Revised 2,224
Code, adopt a resolution as specified in section 3318.06 of the 2,225
Revised Code to submit to the electors of the school district the 2,226
question of approval of a bond issue in order to pay any 2,227
additional amount of school district portion required for state 2,228
assistance. The ANY tax levy approved under division (D)(2) of 2,230
this section shall satisfy SATISFIES the requirements to levy the 2,231
one-half mill additional tax under section 3318.06 of the Revised 2,232
Code.
(2) If the amount of school district resources applied by 2,234
the school district board to the school district's portion of the 2,235
basic project cost under this section is more than the total 2,236
amount of such portion as recalculated under this division, 2,237
WITHIN ONE YEAR AFTER THE SCHOOL DISTRICT'S PORTION IS 2,238
RECALCULATED UNDER DIVISION (E)(1) OF THIS SECTION the commission 2,239
51
may reimburse GRANT to the school district the difference between 2,240
the two calculated portions, but at no time shall the commission 2,242
expend any state funds on a project in an amount greater than the 2,243
state's portion of the basic project cost as recalculated under 2,244
this division. 2,245
ANY REIMBURSEMENT UNDER THIS DIVISION SHALL BE ONLY FOR 2,247
LOCAL RESOURCES THE SCHOOL DISTRICT HAS APPLIED TOWARD 2,248
CONSTRUCTION COST EXPENDITURES FOR THE CLASSROOM FACILITIES 2,249
APPROVED BY THE COMMISSION, WHICH SHALL NOT INCLUDE ANY FINANCING 2,250
COSTS ASSOCIATED WITH THAT CONSTRUCTION. 2,251
THE SCHOOL DISTRICT BOARD SHALL USE ANY MONEYS REIMBURSED 2,253
TO THE DISTRICT UNDER THIS DIVISION TO PAY OFF ANY DEBT SERVICE 2,254
THE DISTRICT OWES FOR CLASSROOM FACILITIES CONSTRUCTED UNDER ITS 2,255
PROJECT UNDER THIS SECTION BEFORE SUCH MONEYS ARE APPLIED TO ANY 2,256
OTHER PURPOSE.
Sec. 3318.361. A SCHOOL DISTRICT BOARD OPTING TO QUALIFY 2,258
FOR STATE ASSISTANCE PURSUANT TO SECTION 3318.36 OF THE REVISED 2,260
CODE THROUGH LEVYING THE TAX SPECIFIED IN DIVISION (D)(2)(a) OR 2,263
(D)(4) OF THAT SECTION SHALL DECLARE BY RESOLUTION THAT THE 2,265
QUESTION OF A TAX LEVY SPECIFIED IN DIVISION (D)(2)(a) OR (4), AS 2,266
APPLICABLE, OF SECTION 3318.36 OF THE REVISED CODE SHALL BE 2,267
SUBMITTED TO THE ELECTORS OF THE SCHOOL DISTRICT AT THE NEXT 2,269
GENERAL OR PRIMARY ELECTION, IF THERE BE A GENERAL OR PRIMARY 2,270
ELECTION NOT LESS THAN SEVENTY-FIVE AND NOT MORE THAN NINETY-FIVE 2,271
DAYS AFTER THE DAY OF THE ADOPTION OF SUCH RESOLUTION OR, IF NOT, 2,272
AT A SPECIAL ELECTION TO BE HELD AT A TIME SPECIFIED IN THE 2,273
RESOLUTION WHICH SHALL BE NOT LESS THAN SEVENTY-FIVE DAYS AFTER 2,274
THE DAY OF THE ADOPTION OF THE RESOLUTION AND WHICH SHALL BE IN 2,275
ACCORDANCE WITH THE REQUIREMENTS OF SECTION 3501.01 OF THE 2,276
REVISED CODE. SUCH RESOLUTION SHALL SPECIFY BOTH OF THE 2,277
FOLLOWING:
(A) THAT THE RATE WHICH IT IS NECESSARY TO LEVY SHALL BE 2,279
AT THE RATE OF NOT LESS THAN ONE-HALF MILL FOR EACH ONE DOLLAR OF 2,280
VALUATION, AND THAT SUCH TAX SHALL BE LEVIED FOR A PERIOD OF 2,283
52
TWENTY-THREE YEARS;
(B) THAT THE PROCEEDS OF THE TAX SHALL BE USED TO PAY THE 2,285
COST OF MAINTAINING THE CLASSROOM FACILITIES INCLUDED IN THE 2,286
PROJECT.
A COPY OF SUCH RESOLUTION SHALL AFTER ITS PASSAGE AND NOT 2,288
LESS THAN SEVENTY-FIVE DAYS PRIOR TO THE DATE SET THEREIN FOR THE 2,289
ELECTION BE CERTIFIED TO THE COUNTY BOARD OF ELECTIONS. 2,290
NOTICE OF THE ELECTION SHALL INCLUDE THE FACT THAT THE TAX 2,292
LEVY SHALL BE AT THE RATE OF NOT LESS THAN ONE-HALF MILL FOR EACH 2,293
ONE DOLLAR OF VALUATION FOR A PERIOD OF TWENTY-THREE YEARS, AND 2,296
THAT THE PROCEEDS OF THE TAX SHALL BE USED TO PAY THE COST OF 2,297
MAINTAINING THE CLASSROOM FACILITIES INCLUDED IN THE PROJECT. 2,298
THE FORM OF THE BALLOT TO BE USED AT SUCH ELECTION SHALL 2,300
BE: 2,301
"SHALL A LEVY OF TAXES BE MADE FOR A PERIOD OF TWENTY-THREE 2,304
YEARS TO BENEFIT THE ............ (HERE INSERT NAME OF SCHOOL 2,305
DISTRICT) SCHOOL DISTRICT, THE PROCEEDS OF WHICH SHALL BE USED TO 2,306
PAY THE COST OF MAINTAINING THE CLASSROOM FACILITIES INCLUDED IN 2,307
THE PROJECT AT THE RATE OF .......... (HERE INSERT THE NUMBER OF 2,308
MILLS, WHICH SHALL NOT BE LESS THAN ONE-HALF MILL) MILLS FOR EACH 2,310
ONE DOLLAR OF VALUATION? 2,311
_______________________________________________ 2,313
FOR THE TAX LEVY 2,314
_______________________________________________ 2,315
AGAINST THE TAX LEVY 2,316
_______________________________________________ " 2,317
Sec. 3318.362. THIS SECTION APPLIES ONLY TO A SCHOOL 2,320
DISTRICT THAT PARTICIPATES IN THE SCHOOL BUILDING ASSISTANCE 2,321
EXPEDITED LOCAL PARTNERSHIP PROGRAM UNDER SECTION 3318.36 OF THE 2,322
REVISED CODE. 2,323
NOTWITHSTANDING THE TWENTY-THREE YEAR MAXIMUM MATURITY FOR 2,325
BONDS PROPOSED TO BE ISSUED BY A SCHOOL DISTRICT BOARD FOR A 2,326
CLASSROOM FACILITIES PROJECT PURSUANT TO DIVISION (C) OF SECTION 2,327
3318.06 OF THE REVISED CODE, A SCHOOL DISTRICT BOARD THAT ENTERS 2,328
53
INTO AN AGREEMENT WITH THE OHIO SCHOOL FACILITIES COMMISSION 2,330
UNDER DIVISION (B) OF SECTION 3318.36 OF THE REVISED CODE MAY 2,332
PROPOSE FOR ISSUANCE ANY BONDS NECESSARY FOR ITS PARTICIPATION IN 2,333
THE PROGRAM UNDER SECTION 3318.36 OF THE REVISED CODE FOR A TERM 2,334
LONGER THAN TWENTY-THREE YEARS BUT NOT TO EXCEED THE TERM 2,335
CALCULATED PURSUANT TO SECTION 133.20 OF THE REVISED CODE. ANY 2,336
MONEYS RECEIVED FROM THE STATE UNDER DIVISION (E)(2) OF SECTION 2,337
3318.36 OF THE REVISED CODE SHALL BE APPLIED, AS AGREED IN 2,339
WRITING BY THE SCHOOL DISTRICT BOARD AND THE COMMISSION, TO PAY
DEBT SERVICE ON OUTSTANDING BONDS OR BOND ANTICIPATION NOTES 2,341
ISSUED BY THE SCHOOL DISTRICT BOARD FOR ITS PARTICIPATION IN THE 2,342
EXPEDITED LOCAL PARTNERSHIP PROGRAM, INCLUDING BY PLACING THOSE 2,343
MONEYS IN AN APPLICABLE ESCROW FUND UNDER DIVISION (D) OF SECTION 2,344
133.34 OF THE REVISED CODE. 2,345
Sec. 3318.37. (A) AS USED IN THIS SECTION: 2,347
(1) "LOW WEALTH SCHOOL DISTRICT" MEANS A SCHOOL DISTRICT 2,349
IN THE FIRST THROUGH FIFTIETH PERCENTILES AS DETERMINED UNDER 2,350
SECTION 3318.011 OF THE REVISED CODE. 2,351
(2) A "SCHOOL DISTRICT WITH AN EXCEPTIONAL NEED FOR 2,353
IMMEDIATE CLASSROOM FACILITIES ASSISTANCE" MEANS A LOW WEALTH 2,354
SCHOOL DISTRICT WITH AN EXCEPTIONAL NEED FOR NEW FACILITIES IN 2,356
ORDER TO PROTECT THE HEALTH AND SAFETY OF ALL OR A PORTION OF ITS 2,357
STUDENTS. SCHOOL DISTRICTS REASONABLY EXPECTED TO BE ELIGIBLE 2,358
FOR STATE ASSISTANCE UNDER SECTIONS 3318.01 TO 3318.20 OF THE
REVISED CODE WITHIN THREE FISCAL YEARS AFTER ASSISTANCE UNDER 2,359
THIS SECTION IS BEING CONSIDERED BY THE OHIO SCHOOL FACILITIES 2,360
COMMISSION, AND SCHOOL DISTRICTS THAT PARTICIPATE IN THE SCHOOL 2,362
BUILDING ASSISTANCE EXPEDITED LOCAL PARTNERSHIP PROGRAM UNDER 2,363
SECTION 3318.36 OF THE REVISED CODE SHALL NOT BE ELIGIBLE FOR 2,365
ASSISTANCE UNDER THIS SECTION. 2,366
(B)(1) THERE IS HEREBY ESTABLISHED THE EXCEPTIONAL NEEDS 2,368
SCHOOL FACILITIES ASSISTANCE PROGRAM. UNDER THE PROGRAM, THE 2,369
OHIO SCHOOL FACILITIES COMMISSION MAY SET ASIDE FROM THE MONEYS 2,370
ANNUALLY APPROPRIATED TO IT FOR CLASSROOM FACILITIES ASSISTANCE 2,372
54
PROJECTS UP TO TWENTY-FIVE PER CENT FOR ASSISTANCE TO SCHOOL 2,373
DISTRICTS WITH EXCEPTIONAL NEEDS FOR IMMEDIATE CLASSROOM 2,374
FACILITIES ASSISTANCE.
(2)(a) AFTER CONSULTING WITH EDUCATION AND CONSTRUCTION 2,376
EXPERTS, THE COMMISSION SHALL ADOPT GUIDELINES FOR IDENTIFYING 2,378
SCHOOL DISTRICTS WITH AN EXCEPTIONAL NEED FOR IMMEDIATE CLASSROOM 2,380
FACILITIES ASSISTANCE.
(b) THE GUIDELINES SHALL INCLUDE APPLICATION FORMS AND 2,382
INSTRUCTIONS FOR SCHOOL DISTRICTS THAT BELIEVE THEY HAVE AN 2,384
EXCEPTIONAL NEED FOR IMMEDIATE CLASSROOM FACILITIES ASSISTANCE. 2,385
(3) THE COMMISSION SHALL EVALUATE THE CLASSROOM 2,387
FACILITIES, AND THE NEED FOR REPLACEMENT CLASSROOM FACILITIES 2,388
FROM THE APPLICATIONS RECEIVED UNDER THIS SECTION. THE 2,389
COMMISSION, UTILIZING THE GUIDELINES ADOPTED UNDER DIVISION 2,390
(B)(2)(a) OF THIS SECTION, SHALL PRIORITIZE THE SCHOOL DISTRICTS 2,393
TO BE ASSESSED.
NOTWITHSTANDING SECTION 3318.02 OF THE REVISED CODE, THE 2,395
COMMISSION MAY CONDUCT ON-SITE EVALUATION OF THE SCHOOL DISTRICTS 2,397
PRIORITIZED UNDER THIS SECTION AND APPROVE AND AWARD FUNDS UNTIL
SUCH TIME AS ALL FUNDS SET ASIDE UNDER DIVISION (B)(1) OF THIS 2,399
SECTION HAVE BEEN ENCUMBERED UNDER SECTION 3318.04 OF THE REVISED 2,401
CODE.
(4) NOTWITHSTANDING DIVISION (A) OF SECTION 3318.05 OF THE 2,404
REVISED CODE, THE SCHOOL DISTRICT'S PORTION OF THE BASIC PROJECT 2,406
COST UNDER THIS SECTION SHALL BE THE "REQUIRED PERCENTAGE OF THE 2,407
BASIC PROJECT COSTS," AS DEFINED IN DIVISION (K) OF SECTION 2,408
3318.01 OF THE REVISED CODE. 2,409
(5) EXCEPT AS OTHERWISE SPECIFIED IN THIS SECTION, ANY 2,411
PROJECT UNDERTAKEN WITH ASSISTANCE UNDER THIS SECTION SHALL 2,412
COMPLY WITH ALL PROVISIONS OF SECTIONS 3318.01 TO 3318.20 OF THE 2,413
REVISED CODE. A SCHOOL DISTRICT MAY RECEIVE ASSISTANCE UNDER 2,415
SECTIONS 3318.01 TO 3318.20 OF THE REVISED CODE FOR THE REMAINDER 2,416
OF THE DISTRICT'S CLASSROOM FACILITIES NEEDS AS ASSESSED UNDER 2,417
THIS SECTION WHEN THE DISTRICT IS ELIGIBLE FOR SUCH ASSISTANCE 2,418
55
PURSUANT TO SECTION 3318.02 OF THE REVISED CODE, BUT ANY 2,419
CLASSROOM FACILITY CONSTRUCTED WITH ASSISTANCE UNDER THIS SECTION 2,420
SHALL NOT BE INCLUDED IN A DISTRICT'S PROJECT AT THAT TIME UNLESS 2,421
THE COMMISSION DETERMINES THE DISTRICT HAS EXPERIENCED THE 2,422
INCREASED ENROLLMENT SPECIFIED IN DIVISION (B)(1) OF SECTION 2,423
3318.04 OF THE REVISED CODE.
Sec. 3318.38. (A) AS USED IN THIS SECTION, "BIG-EIGHT 2,425
SCHOOL DISTRICT" HAS THE SAME MEANING AS IN SECTION 3314.02 OF 2,426
THE REVISED CODE. 2,427
(B) THERE IS HEREBY ESTABLISHED THE ACCELERATED URBAN 2,429
SCHOOL BUILDING ASSISTANCE PROGRAM. UNDER THE PROGRAM, 2,430
NOTWITHSTANDING SECTION 3318.02 OF THE REVISED CODE, ANY 2,431
BIG-EIGHT SCHOOL DISTRICT THAT HAS NOT BEEN APPROVED TO RECEIVE 2,432
ASSISTANCE UNDER SECTIONS 3318.01 TO 3318.20 OF THE REVISED CODE 2,433
BY JULY 1, 2002, MAY BEGINNING ON THAT DATE APPLY FOR APPROVAL OF 2,434
AND BE APPROVED FOR SUCH ASSISTANCE. EXCEPT AS OTHERWISE 2,435
PROVIDED IN THIS SECTION, ANY PROJECT APPROVED AND UNDERTAKEN 2,437
PURSUANT TO THIS SECTION SHALL COMPLY WITH ALL PROVISIONS OF
SECTIONS 3318.01 TO 3318.20 OF THE REVISED CODE. 2,438
THE OHIO SCHOOL FACILITIES COMMISSION SHALL PROVIDE 2,440
ASSISTANCE TO ANY BIG-EIGHT SCHOOL DISTRICT ELIGIBLE FOR 2,441
ASSISTANCE UNDER THIS SECTION IN THE FOLLOWING MANNER: 2,442
(1) NOTWITHSTANDING SECTION 3318.02 OF THE REVISED CODE: 2,445
(a) NOT LATER THAN JUNE 30, 2002, THE COMMISSION SHALL 2,448
CONDUCT AN ON-SITE VISIT AND SHALL ASSESS THE CLASSROOM 2,449
FACILITIES NEEDS OF EACH BIG-EIGHT SCHOOL DISTRICT ELIGIBLE FOR
ASSISTANCE UNDER THIS SECTION; 2,450
(b) BEGINNING JULY 1, 2002, ANY BIG-EIGHT SCHOOL DISTRICT 2,453
ELIGIBLE FOR ASSISTANCE UNDER THIS SECTION MAY APPLY TO THE 2,454
COMMISSION FOR CONDITIONAL APPROVAL OF ITS PROJECT AS DETERMINED 2,455
BY THE ASSESSMENT CONDUCTED UNDER DIVISION (B)(1)(a) OF THIS 2,456
SECTION. THE COMMISSION MAY CONDITIONALLY APPROVE THAT PROJECT 2,458
AND SUBMIT IT TO THE CONTROLLING BOARD FOR APPROVAL PURSUANT TO 2,459
SECTION 3318.04 OF THE REVISED CODE. 2,460
56
(2) IF THE CONTROLLING BOARD APPROVES THE PROJECT OF A 2,462
BIG-EIGHT SCHOOL DISTRICT ELIGIBLE FOR ASSISTANCE UNDER THIS 2,463
SECTION, THE COMMISSION AND THE SCHOOL DISTRICT SHALL ENTER INTO 2,464
AN AGREEMENT AS PRESCRIBED IN SECTION 3318.08 OF THE REVISED 2,465
CODE. ANY AGREEMENT EXECUTED PURSUANT TO THIS DIVISION SHALL 2,467
INCLUDE ANY APPLICABLE SEGMENTATION PROVISIONS AS APPROVED BY THE 2,468
COMMISSION UNDER DIVISION (B)(3) OF THIS SECTION. 2,469
(3) NOTWITHSTANDING ANY PROVISION TO THE CONTRARY IN 2,471
SECTIONS 3318.05, 3318.06, AND 3318.08 OF THE REVISED CODE, A 2,472
BIG-EIGHT SCHOOL DISTRICT ELIGIBLE FOR ASSISTANCE UNDER THIS 2,474
SECTION MAY WITH THE APPROVAL OF THE COMMISSION OPT TO DIVIDE THE 2,475
PROJECT AS APPROVED UNDER DIVISION (B)(1)(b) OF THIS SECTION INTO 2,476
DISCRETE SEGMENTS TO BE COMPLETED SEQUENTIALLY. ANY PROJECT 2,478
DIVIDED INTO SEGMENTS SHALL COMPLY WITH ALL OTHER PROVISIONS OF 2,479
SECTIONS 3318.05, 3318.06, AND 3318.08 OF THE REVISED CODE EXCEPT 2,481
AS OTHERWISE SPECIFIED IN THIS DIVISION.
IF A PROJECT IS DIVIDED INTO SEGMENTS UNDER THIS DIVISION: 2,483
(a) THE SCHOOL DISTRICT NEED RAISE ONLY THE AMOUNT EQUAL 2,485
TO ITS PROPORTIONATE SHARE, AS DETERMINED UNDER SECTION 3318.032 2,486
OF THE REVISED CODE, OF EACH SEGMENT AT ANY ONE TIME AND MAY SEEK 2,488
VOTER APPROVAL OF EACH SEGMENT SEPARATELY;
(b) THE STATE'S PROPORTIONATE SHARE, AS DETERMINED UNDER 2,490
SECTION 3318.032 OF THE REVISED CODE, OF ONLY THE SEGMENT WHICH 2,491
HAS BEEN APPROVED BY THE SCHOOL DISTRICT ELECTORS OR FOR WHICH 2,493
THE DISTRICT HAS APPLIED A LOCAL DONATED CONTRIBUTION UNDER 2,494
SECTION 3318.084 OF THE REVISED CODE SHALL BE ENCUMBERED AT ANY 2,496
ONE TIME. ENCUMBRANCE OF ADDITIONAL AMOUNTS TO COVER THE STATE'S 2,497
PROPORTIONATE SHARE OF LATER SEGMENTS SHALL BE APPROVED
SEPARATELY AS THEY ARE APPROVED BY THE SCHOOL DISTRICT ELECTORS 2,498
OR AS THE DISSTRICT APPLIES A LOCAL DONATED CONTRIBUTION TO THE 2,499
SEGMENTS UNDER SECTION 3318.084 OF THE REVISED CODE. IF THE 2,500
STATE'S SHARE OF ANY ONE SEGMENT EXCEEDS TWENTY-FIVE MILLION 2,501
DOLLARS, ENCUMBRANCE OF THAT SHARE IS SUBJECT TO THE PROVISIONS 2,502
OF SECTION 3318.11 OF THE REVISED CODE. 2,503
57
(c) IF IT IS NECESSARY TO LEVY THE ADDITIONAL TAX FOR 2,505
MAINTENANCE UNDER DIVISION (B) OF SECTION 3318.05 OF THE REVISED 2,508
CODE WITH RESPECT TO ANY SEGMENT OF THE PROJECT, THE DISTRICT MAY 2,509
UTILIZE THE PROVISIONS OF SECTION 3318.061 OF THE REVISED CODE TO 2,510
ENSURE THAT THE MAINTENANCE TAX EXTENDS FOR TWENTY-THREE YEARS 2,513
AFTER THE LAST SEGMENT OF THE PROJECT IS UNDERTAKEN.
Section 2. That existing sections 133.06, 3317.012, 2,515
3318.01, 3318.011, 3318.021, 3318.03, 3318.032, 3318.04, 3318.05, 2,519
3318.06, 3318.08, 3318.11, 3318.13, 3318.14, 3318.15, 3318.31, 2,520
and 3318.36 and section 3318.18 of the Revised Code are hereby 2,521
repealed.
Section 3. The board of education of any school district 2,523
whose electors have approved a bond issue or tax levy for the 2,524
construction of or additions or major repair to a classroom 2,525
facility within eighteen months prior to the effective date of 2,526
this section may apply the expenditures of the proceeds from such 2,527
bond issue or tax levy as local resources for purposes of the 2,528
district's participation in the School Building Assistance 2,529
Expedited Local Partnership Program under section 3318.36 of the 2,530
Revised Code, as long as the actual construction or repair work 2,531
authorized under the bond issue or tax levy has not commenced 2,532
prior to the execution of the agreement between the Ohio School 2,533
Facilities Commission and the school district board under section 2,535
3318.36 of the Revised Code and the design of the project 2,536
authorized by the bond issue or tax levy complies with 2,537
specifications of the Commission as required under division 2,538
(B)(3) of section 3318.36 of the Revised Code.
Section 4. In fiscal year 2001 only, with the approval of 2,540
the Controlling Board, the Ohio School Facilities Commission may 2,541
limit to not less than fifty-five school districts the number of 2,542
school districts with which the Commission will enter into 2,543
agreements under the School Building Assistance Expedited Local 2,544
Partnership Program pursuant to section 3318.36 of the Revised 2,545
Code, as amended by this act. The Commission shall adopt 2,546
58
reasonable guidelines to determine the school districts with 2,547
which it will enter into agreements under that section in the 2,548
event that it limits the number of such school districts pursuant 2,550
to this section and more than the specified number of school 2,551
districts apply for participation in the program in that fiscal 2,552
year.
Section 5. Notwithstanding the limitation on additional 2,554
assistance to five school districts per year as prescribed in 2,555
division (B)(2) of section 3318.04 of the Revised Code as amended 2,556
by this act, in fiscal years 2001 and 2002, the Ohio School 2,557
Facilities Commission may at its discretion provide such 2,558
additional assistance to more than five districts in any fiscal 2,559
year, provided any additional district receiving such assistance 2,560
had approved a tax levy under section 3318.06 of the Revised Code 2,561
at least ten years prior to the effective date of this section 2,562
and is located in a percentile that has received assistance under 2,563
sections 3318.01 to 3318.20 of the Revised Code since May 20, 2,564
1997, and if the Commission determines that it is necessary in 2,565
the interest of fairness to provide additional assistance to the 2,566
district because otherwise the district would be required to wait 2,567
more than ten years after its previous levy was approved to be 2,568
considered for additional assistance. 2,569
Section 6. Any school district whose agreement with the 2,571
Ohio School Facilities Commission requires that the school 2,572
district make payments to the state in an amount of one-half the 2,573
proceeds of the tax required under division (B) of section 2,574
3318.05 of the Revised Code in any year that the district's 2,575
adjusted valuation per pupil is above the statewide median 2,576
adjusted valuation per pupil shall not be required to make any 2,577
such payments to the state in any years after the effective date 2,578
of this act.
Section 7. That Sections 10 and 10.02 of Am. Sub. H.B. 282 2,580
of the 123rd General Assembly be amended to read as follows: 2,582
"Sec. 10. SFC SCHOOL FACILITIES COMMISSION 2,584
59
General Revenue Fund 2,586
GRF 230-428 Lease Rental Payments $ 55,400,000 $ 70,300,000 2,591
TOTAL GRF General Revenue Fund $ 55,400,000 $ 70,300,000 2,594
State Special Revenue Fund Group 2,597
5E3 230-644 Operating Expenses $ 2,609,726 $ 2,738,277 2,602
5,228,277 2,603
TOTAL SSR State Special Revenue 2,604
Fund Group $ 2,609,726 $ 2,738,277 2,607
5,228,277 2,608
TOTAL ALL BUDGET FUND GROUPS $ 58,009,726 $ 73,038,277 2,611
75,528,277 2,612
Lease Rental Payments 2,615
The foregoing appropriation item 230-428, Lease Rental 2,617
Payments, shall be used by the School Facilities Commission to 2,618
pay bond service charges on obligations issued pursuant to 2,619
Chapter 3318. of the Revised Code.
Operating Expenses 2,621
The foregoing appropriation item 230-644, Operating 2,623
Expenses, shall be used by the Ohio School Facilities Commission 2,624
to carry out its responsibilities pursuant to this section and 2,625
Chapter 3318. of the Revised Code. 2,626
Within ten days after the effective date of this section, 2,628
or as soon as possible thereafter, the Executive Director of the 2,629
Ohio School Facilities Commission shall certify to the Director 2,630
of Budget and Management the amount of cash to be transferred 2,631
from the School Building Assistance Fund (Fund 032) or the Public 2,632
School Building Fund (Fund 021) to the Ohio School Facilities
Commission Fund (Fund 5E3). 2,633
By July 10, 2000, the Executive Director of the Ohio School 2,635
Facilities Commission shall certify to the Director of Budget and 2,636
Management the amount of cash to be transferred from the School 2,637
Building Assistance Fund (Fund 032) or the Public School Building 2,638
Fund (Fund 021) to the Ohio School Facilities Commission Fund 2,639
(Fund 5E3).
60
Prior Year Encumbrances 2,641
At the request of the Director of the Ohio School 2,643
Facilities Commission, the Director of Budget and Management may 2,644
cancel encumbrances from fiscal years 1998 and 1999 in CAP-770, 2,645
School Building Program Assistance, and reestablish such 2,646
encumbrances or parts of encumbrances to CAP-622, Public School
Buildings, for fiscal years 2000 and 2001. Appropriations to 2,647
CAP-622 shall not be increased as a result of reestablishing such 2,648
encumbrances. An amount equal to the canceled encumbrances in 2,649
CAP-770 shall be appropriated to CAP-775. 2,650
Disability Access Projects 2,652
The unencumbered and unallotted balances as of June 30, 2,654
1999, in appropriation item 230-649, Disability Access Project, 2,655
are hereby reappropriated. The unencumbered and unallotted 2,657
balances of the appropriation at the end of fiscal year 2000 are 2,658
hereby reappropriated in fiscal year 2001 to fund capital 2,659
projects pursuant to this section. 2,660
(A) As used in this section: 2,662
(1) "Percentile" means the percentile in which a school 2,664
district is ranked according to the fiscal year 1998 ranking of 2,665
school districts with regard to income and property wealth under 2,666
division (B) of section 3318.011 of the Revised Code. 2,667
(2) "School district" means a city, local, or exempted 2,669
village school district, but excluding a school district that is 2,670
one of the state's 21 urban school districts as defined in 2,671
division (O) of section 3317.02 of the Revised Code, as that 2,672
section existed prior to July 1, 1998. 2,673
(3) "Valuation per pupil" means a district's total taxable 2,676
value as defined in section 3317.02 of the Revised Code divided 2,677
by the district's ADM as defined in division (A) of section
3317.02 of the Revised Code as that section existed prior to July 2,678
1, 1998.
(B) The School Facilities Commission shall adopt rules for 2,680
awarding grants to school districts with a valuation per pupil of 2,682
61
less than $200,000, to be used for construction, reconstruction,
or renovation projects in classroom facilities, the purpose of 2,683
which is to improve access to such facilities by physically 2,684
handicapped persons. The rules shall include application 2,685
procedures. No school district shall be awarded a grant under 2,686
this section in excess of $100,000. In addition, any school 2,687
district shall be required to pay a percentage of the cost of the 2,688
project or which the grant is being awarded equal to the 2,689
percentile in which the district is ranked. 2,690
(C) The School Facilities Commission is hereby authorized 2,692
to transfer a portion of appropriation item CAP-622, Public 2,694
School Buildings, contained in Am. Sub. H.B. No. 283 of the 123rd 2,695
General Assembly, to CAP-777, Disability Access Projects, to 2,697
provide funds to make payments resulting from the approval of 2,698
applications for disability access granted received prior to 2,699
January 1, 1999. The amounts transferred are hereby
appropriated. 2,700
Sec. 10.02. Extreme Environmental Contamination of School 2,702
Facilities 2,703
Notwithstanding the provisions of Section 26 of Am. Sub. 2,705
H.B. 850 of the 122nd General Assembly regarding eligibility for 2,706
the Exceptional Needs Pilot Program, the School Facilities 2,708
Commission may provide assistance under the Exceptional Needs 2,709
Pilot Program to any school district and not exclusively a school 2,710
district in the lowest 50 per cent of adjusted valuation per 2,711
pupil on the fiscal year 1999 ranking of school districts 2,712
established pursuant to section 3317.02 of the Revised Code, for 2,713
the purpose of the relocation or replacement of school facilities 2,714
required as a result of extreme environmental contamination. IF 2,716
IN THE ASSESSMENT OF THE SCHOOL DISTRICT'S CLASSROOM FACILITIES
NEEDS CONDUCTED UNDER THE EXCEPTIONAL NEEDS PILOT PROGRAM 2,718
PURSUANT TO SECTION OF AM. SUB. H.B. 850 OF THE 123rd GENERAL 2,721
ASSEMBLY, THE COMMISSION DETERMINES THAT ALL THE SCHOOL 2,723
DISTRICT'S CLASSROOM FACILITIES ULTIMATELY WILL REQUIRE 2,724
62
REPLACEMENT UNDER SECTIONS 3318.01 TO 3318.20 OF THE REVISED 2,725
CODE, THEN THE COMMISSION MAY UNDERTAKE A DISTRICT-WIDE PROJECT 2,727
UNDER SECTIONS 3318.01 TO 3318.20 OF THE REVISED CODE. 2,728
The School Facilities Commission shall contract with an 2,730
independent environmental consultant to conduct a study and to 2,731
report to the Commission as to the seriousness of the 2,732
environmental contamination, whether the contamination violates 2,733
applicable state and federal standards, and whether the 2,734
facilities are no longer suitable for use as school facilities.
The Commission shall then make a determination regarding funding 2,735
for the relocation or replacement of the school facilities. If 2,736
the federal government or other public or private entity provides 2,737
funds for restitution of costs incurred by the state or school 2,738
district in the relocation or replacement of the school 2,739
facilities, the state and the school district shall divide USE 2,741
such funds on the basis of the relative share of total project 2,742
cost contributed by each IN EXCESS OF THE SCHOOL DISTRICT'S SHARE 2,744
TO REFUND THE STATE FOR THE STATE'S CONTRIBUTION TO THE 2,745
ENVIRONMENTAL CONTAMINATION PORTION OF THE PROJECT. THE SCHOOL 2,746
DISTRICT MAY APPLY AN AMOUNT OF SUCH RESTITUTION FUNDS UP TO AN 2,747
AMOUNT EQUAL TO THE SCHOOL DISTRICT'S PORTION OF THE PROJECT, AS 2,748
DEFINED BY THE COMMISSION, TOWARD PAYING ITS PORTION OF THAT 2,750
PROJECT TO REDUCE THE AMOUNT OF BONDS THE SCHOOL DISTRICT 2,751
OTHERWISE MUST ISSUE TO RECEIVE STATE ASSISTANCE UNDER SECTIONS 2,752
3318.01 TO 3318.20 OF THE REVISED CODE." 2,753
Section 8. That existing Sections 10 and 10.02 of Am. Sub. 2,755
H.B. 282 of the 123rd General Assembly are hereby repealed. 2,757
Section 9. Except as otherwise specifically provided in 2,759
this act, the codified and uncodified sections of law contained 2,760
in this act are subject to the referendum. Therefore, under Ohio 2,762
Constitution, Article II, Section 1c and section 1.471 of the 2,763
Revised Code, the sections take effect on the ninety-first day
after this act is filed with the Secretary of State. If, 2,764
however, a referendum petition is filed against a section, the 2,765
63
section, unless rejected at the referendum, takes effect at the 2,766
earliest time permitted by law. 2,767
Section 10. Section 3317.012 of the Revised Code, as 2,770
amended by this act, is not subject to the referendum.
Therefore, under Ohio Constitution, Article II, Section 1d and 2,771
section 1.471 of the Revised Code, section 3317.012 of the 2,772
Revised Code, as amended by this act, goes into immediate effect 2,773
when this act becomes law. 2,774
Section 11. Sections 7 and 8 of this act are not subject 2,776
to the referendum. Therefore, under Ohio Constitution, Article 2,777
II, Section 1d and section 1.471 of the Revised Code, Sections 7 2,778
and 8 of this act go into immediate effect when this act becomes 2,780
law.