|
|
To amend section 3318.032 and to enact section | 1 |
3318.033 of the Revised Code to calculate an | 2 |
alternate equity list for fiscal year 2008 for | 3 |
purposes of determining school districts' | 4 |
eligibility for assistance under the Classroom | 5 |
Facilities Assistance Program and their local | 6 |
shares in fiscal year 2009, to calculate an | 7 |
alternative equity list for fiscal year 2009 | 8 |
funding under the Classroom Facilities Assistance | 9 |
Program and the Exceptional Needs School | 10 |
Facilities Assistance Program for certain school | 11 |
districts with large one-year reductions in | 12 |
valuation, to recalculate the local share of a | 13 |
current classroom facilities project for certain | 14 |
school districts that had a net gain in | 15 |
interdistrict open enrollment students when they | 16 |
became eligible for state facilities assistance, | 17 |
to specify the local share of new projects for | 18 |
certain school districts that previously received | 19 |
assistance, and to increase the percentage of | 20 |
classroom facilities appropriations that may be | 21 |
used for joint vocational school districts in | 22 |
fiscal year 2008. | 23 |
Section 1. That section 3318.032 be amended and section | 24 |
3318.033 of the Revised Code be enacted to read as follows: | 25 |
Sec. 3318.032. (A) | 26 |
divisions (C) and (D) of this section, the portion of the basic | 27 |
project cost supplied by the school district shall be the greater | 28 |
of: | 29 |
(1) The required percentage of the basic project costs; | 30 |
(2) An amount necessary to raise the school district's net | 31 |
bonded indebtedness, as of the date the controlling board approved | 32 |
the project, to within five thousand dollars of the required level | 33 |
of indebtedness. | 34 |
(B) The amount of the district's share determined under this | 35 |
section shall be calculated only as of the date the controlling | 36 |
board approved the project, and that amount applies throughout the | 37 |
one-year period permitted under section 3318.05 of the Revised | 38 |
Code for the district's electors to approve the propositions | 39 |
described in that section. If the amount reserved and encumbered | 40 |
for a project is released because the electors do not approve | 41 |
those propositions within that year, and the school district later | 42 |
receives the controlling board's approval for the project, the | 43 |
district's portion shall be recalculated in accordance with this | 44 |
section as of the date of the controlling board's subsequent | 45 |
approval. | 46 |
(C) | 47 |
48 | |
portion of the basic project cost be greater than ninety-five per | 49 |
cent of the total basic project cost. | 50 |
(D) If the controlling board approves a project under | 51 |
sections 3318.01 to 3318.20 of the Revised Code for a school | 52 |
district that previously received assistance under those sections | 53 |
or section 3318.37 of the Revised Code within the twenty-year | 54 |
period prior to the date on which the controlling board approves | 55 |
the new project, the district's portion of the basic project cost | 56 |
for the new project shall be the lesser of the following: | 57 |
(1) The portion calculated under division (A) of this | 58 |
section; | 59 |
(2) The greater of the following: | 60 |
(a) The required percentage of the basic project costs for | 61 |
the new project; | 62 |
(b) The percentage of the basic project cost paid by the | 63 |
district for the previous project. | 64 |
Sec. 3318.033. (A) As used in this section: | 65 |
(1) "Formula ADM" has the same meaning as in section 3317.02 | 66 |
of the Revised Code. | 67 |
(2) "Open enrollment net gain" has the same meaning as in | 68 |
section 3318.011 of the Revised Code. | 69 |
(B) This section applies to each school district that meets | 70 |
the following criteria: | 71 |
(1) The Ohio school facilities commission certified its | 72 |
conditional approval of the district's project under sections | 73 |
3318.01 to 3318.20 of the Revised Code after July 1, 2006, and | 74 |
prior to September 29, 2007, and the project had not been | 75 |
completed as of September 29, 2007. | 76 |
(2) Within one year after the date of the commission's | 77 |
certification of its conditional approval, the district's electors | 78 |
approved a bond issue to pay the district's portion of the basic | 79 |
project cost or the district board of education complied with | 80 |
section 3318.052 of the Revised Code. | 81 |
(3) In the fiscal year prior to the fiscal year in which the | 82 |
district's project was conditionally approved, the district had an | 83 |
open enrollment net gain that was ten per cent or more of its | 84 |
formula ADM. | 85 |
(C) For each school district to which this section applies, | 86 |
the department of education shall recalculate the district's | 87 |
percentile ranking under section 3318.011 of the Revised Code for | 88 |
the fiscal year prior to the fiscal year in which the district's | 89 |
project was conditionally approved and shall report the | 90 |
recalculated percentile ranking to the commission. For this | 91 |
purpose, the department shall recalculate every school district's | 92 |
percentile ranking for that fiscal year using the district's | 93 |
"valuation per pupil" as that term is defined in section 3318.011 | 94 |
of the Revised Code on and after September 29, 2007. | 95 |
(D) For each school district to which this section applies, | 96 |
the commission shall use the recalculated percentile ranking | 97 |
reported under division (C) of this section to determine the | 98 |
district's portion of the basic project cost under section | 99 |
3318.032 of the Revised Code. The commission shall not use the | 100 |
recalculated percentile ranking for any other purpose, and the | 101 |
recalculated ranking shall not affect any other district's portion | 102 |
of the basic project cost under section 3318.032 of the Revised | 103 |
Code or any district's eligibility for assistance under sections | 104 |
3318.01 to 3318.20 of the Revised Code. The commission shall | 105 |
revise the agreement entered into under section 3318.08 of the | 106 |
Revised Code to reflect the district's new portion of the basic | 107 |
project cost as determined under this division. | 108 |
Section 2. That existing section 3318.032 of the Revised Code | 109 |
is hereby repealed. | 110 |
Section 3. (A) As used in this section, "equity list" means | 111 |
the school district percentile rankings calculated under section | 112 |
3318.011 of the Revised Code. | 113 |
(B) Not later than thirty days after the effective date of | 114 |
this section, the Department of Education shall create an | 115 |
alternate equity list for fiscal year 2008 by recalculating each | 116 |
school district's percentile ranking under section 3318.011 of the | 117 |
Revised Code and shall certify the alternate equity list to the | 118 |
Ohio School Facilities Commission. For this purpose, the | 119 |
Department shall recalculate every school district's percentile | 120 |
ranking using the district's "valuation per pupil" as that term is | 121 |
defined in the version of section 3318.011 of the Revised Code in | 122 |
effect on and after September 29, 2007. When recalculating the | 123 |
percentile rankings, the Department shall use the same values for | 124 |
"average taxable value," "formula ADM," and "income factor," as | 125 |
those terms are defined in section 3318.011 of the Revised Code, | 126 |
that it used in calculating the original equity list for fiscal | 127 |
year 2008 certified to the Commission on September 5, 2007, and | 128 |
shall not use any updated values for those variables. | 129 |
(C) The Commission shall use the alternate equity list | 130 |
certified under division (B) of this section to determine the | 131 |
priority for assistance under sections 3318.01 to 3318.20 of the | 132 |
Revised Code in fiscal year 2009 for each school district that has | 133 |
not previously been offered funding under those sections. The | 134 |
alternate equity list shall not affect any school district's | 135 |
eligibility for the Exceptional Needs School Facilities Assistance | 136 |
Program under section 3318.37 of the Revised Code. | 137 |
(D) Notwithstanding any provision of Chapter 3318. of the | 138 |
Revised Code to the contrary, for each school district that | 139 |
receives the Commission's conditional approval of the district's | 140 |
project under sections 3318.01 to 3318.20 or section 3318.37 of | 141 |
the Revised Code in fiscal year 2009, the district's portion of | 142 |
the basic project cost shall be the lesser of the following: | 143 |
(1) The amount required under section 3318.032 of the Revised | 144 |
Code calculated using the percentile in which the district ranks | 145 |
on the alternate equity list certified under division (B) of this | 146 |
section; | 147 |
(2) The amount required under section 3318.032 of the Revised | 148 |
Code calculated using the percentile in which the district ranks | 149 |
on the original equity list for fiscal year 2008. | 150 |
Section 4. (A) As used in this section: | 151 |
(1) "Alternative equity list" means a rank order of all city, | 152 |
exempted village, and local school districts into percentiles | 153 |
according to the one-year adjusted valuation per pupil of each | 154 |
district from lowest to higher adjusted valuation per pupil, | 155 |
computed as follows: | 156 |
(The district's total taxable value for tax year 2006 / the | 157 |
district's formula ADM for fiscal year 2007) - [$30,000 x (1 -the | 158 |
district's income factor for fiscal year 2007)] | 159 |
(2) "Original equity list" means the school district | 160 |
percentile ranking according to the three-year average adjusted | 161 |
valuation per pupil of all city, exempted village, and local | 162 |
school districts calculated under section 3318.011 of the Revised | 163 |
Code and certified to the Ohio School Facilities Commission on | 164 |
September 5, 2007. | 165 |
(3) "Project" has the same meaning as in section 3318.01 of | 166 |
the Revised Code. | 167 |
(4) "School district's portion of the basic project cost" | 168 |
means the portion of the basic project cost computed under section | 169 |
3318.032 of the Revised Code. | 170 |
(5) "Total taxable value," "formula ADM," and "income factor" | 171 |
have the same meanings as in section 3317.02 of the Revised Code. | 172 |
(B) Not later than thirty days after the effective date of | 173 |
this section, the Department of Education shall create the | 174 |
alternative equity list defined in this section and shall certify | 175 |
that list to the Ohio School Facilities Commission for its use in | 176 |
determining funding of school district projects for fiscal year | 177 |
2009, in the manner prescribed in division (C) of this section. | 178 |
(C) Notwithstanding any provision to the contrary in Chapter | 179 |
3318. of the Revised Code, for fiscal year 2009 only, in the case | 180 |
of any school district that has not received funding under | 181 |
sections 3318.01 to 3318.20 of the Revised Code in any fiscal year | 182 |
prior to fiscal year 2009 and for which the district's rank on the | 183 |
alternative equity list is at least fifteen percentiles lower than | 184 |
the district's rank on the original equity list: | 185 |
(1) The Commission shall use the district's percentile on the | 186 |
alternative equity list to determine the district's priority for | 187 |
assistance and the school district's portion of the basic project | 188 |
cost for a project under sections 3318.01 to 3318.20 of the | 189 |
Revised Code, rather than the district's percentile on the | 190 |
original equity list as otherwise provided under those sections; | 191 |
(2) The Commission shall use the district's percentile on the | 192 |
alternative equity list to determine the school district's portion | 193 |
of the basic project cost for a project under section 3318.37 of | 194 |
the Revised Code, rather than the district's percentile on the | 195 |
original equity list as otherwise provided under that section. The | 196 |
alternative equity list shall not affect any school district's | 197 |
eligibility and priority for assistance under that section. | 198 |
The Commission shall not use the alternative equity list to | 199 |
determine the priority for funding or a school district's portion | 200 |
of the basic project cost for any other school district or for any | 201 |
other program administered by the Commission. | 202 |
(D) If a school district is offered funding under sections | 203 |
3318.01 to 3318.20 or section 3318.37 of the Revised Code for | 204 |
fiscal year 2009 based on this section, the district's project | 205 |
shall proceed as specified in those sections, except as otherwise | 206 |
provided in this section. | 207 |
Section 5. Notwithstanding division (B) of section 3318.40 | 208 |
of the Revised Code, the Ohio School Facilities Commission may set | 209 |
aside up to three per cent of the aggregate amount appropriated to | 210 |
it in fiscal year 2008 for classroom facilities assistance | 211 |
projects in the Education Facilities Trust Fund established under | 212 |
section 183.26 of the Revised Code, the Public School Building | 213 |
Fund established under section 3318.15 of the Revised Code, and | 214 |
the School Building Program Assistance Fund established under | 215 |
section 3318.25 of the Revised Code to provide assistance to joint | 216 |
vocational school districts for the acquisition of classroom | 217 |
facilities in accordance with sections 3318.40 to 3318.45 of the | 218 |
Revised Code. | 219 |