|
|
| 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 |