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Sub. S. B. No. 273 As Passed by the SenateAs Passed by the Senate
127th General Assembly | Regular Session | 2007-2008 |
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Cosponsors:
Senators Mumper, Buehrer, Amstutz, Padgett, Faber, Fedor, Harris, Roberts, Schaffer, Schuler, Seitz, Spada, Wilson, Grendell, Cafaro, Miller, R.
A BILL
To amend section 3318.032 and to enact section
3318.033 of the Revised Code to calculate an
alternate equity list for fiscal year
2008
for
purposes of determining school
districts'
eligibility for assistance under the
Classroom
Facilities Assistance Program and their
local
shares in fiscal year 2009, to calculate an
alternative equity list for fiscal year 2009
funding under the Classroom Facilities Assistance
Program and the Exceptional Needs School
Facilities Assistance Program for certain school
districts with large one-year reductions in
valuation, to recalculate the local share of a
current classroom facilities project for certain
school districts that had a net gain in
interdistrict open enrollment students when they
became eligible for state facilities assistance,
to specify the local share of new projects for
certain school districts that previously received
assistance, and to increase the percentage of
classroom facilities appropriations that may be
used for joint vocational school districts in
fiscal year 2008.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That section 3318.032 be amended and section
3318.033 of the
Revised Code be enacted to read as follows:
Sec. 3318.032. (A) The Except as otherwise provided in
divisions (C) and (D) of this section, the portion of the basic
project cost
supplied
by
the school district shall be the greater
of:
(1) The required percentage of the basic project costs;
(2) An amount necessary to raise the school district's net
bonded
indebtedness, as of the date the controlling board approved
the project, to
within five thousand dollars of the required level
of indebtedness.
(B) The amount of the district's share determined under this
section
shall be calculated only as of the date the controlling
board approved
the project, and that amount applies throughout the
one-year period
permitted under section 3318.05 of the Revised
Code for the
district's electors to approve the propositions
described in that section. If
the amount reserved and encumbered
for a project is released because the
electors do not approve
those propositions within that year, and
the school district later
receives the controlling board's
approval for the project, the
district's portion shall be
recalculated in accordance with this
section as of the date of the
controlling board's subsequent
approval.
(C) Notwithstanding anything to the contrary in division
(A)
or (B) of this section, at At no time shall a school
district's
portion of the basic project cost be greater than ninety-five per
cent of the total basic project cost.
(D) If the controlling board approves a project under
sections 3318.01 to 3318.20 of the Revised Code for a school
district that previously received assistance under those sections
or section 3318.37 of the Revised Code within the twenty-year
period prior to the date on which the controlling board approves
the new project, the district's portion of the basic project cost
for the new project shall be the lesser of the following:
(1) The portion calculated under division (A) of this
section;
(2) The greater of the following:
(a) The required percentage of the basic project costs for
the new project;
(b) The percentage of the basic project cost paid by the
district for the previous project.
Sec. 3318.033. (A) As used in this section:
(1) "Formula ADM" has the same meaning as in section 3317.02
of the Revised Code.
(2) "Open enrollment net gain" has the same meaning as in
section 3318.011 of the Revised Code.
(B) This section applies to each school district that meets
the following criteria:
(1) The Ohio school facilities commission certified its
conditional approval of the district's project under sections
3318.01 to 3318.20 of the Revised Code after July 1, 2006, and
prior to September 29,
2007, and the project had not been
completed as of September 29, 2007.
(2) Within one year after the date of the commission's
certification of its conditional approval, the district's electors
approved a bond issue to pay the district's portion of the basic
project cost or the district board of education complied with
section 3318.052 of the Revised Code.
(3) In the fiscal year prior to the fiscal year in which the
district's project was conditionally approved, the district had an
open enrollment net gain that was ten per cent or more of its
formula ADM.
(C) For each school district to which this section applies,
the department of education shall recalculate the district's
percentile ranking under section 3318.011 of the Revised Code for
the fiscal year prior to the fiscal year in which the district's
project was conditionally approved and shall report the
recalculated percentile ranking to the commission. For this
purpose, the department shall recalculate every school district's
percentile ranking for that fiscal year using the district's
"valuation per pupil" as that term is defined in section 3318.011
of the Revised Code on and after September 29, 2007.
(D) For each school district to which this section applies,
the commission shall use the recalculated percentile ranking
reported under division (C) of this section to determine the
district's portion of the basic project cost under section
3318.032 of the Revised Code. The commission shall not use the
recalculated percentile ranking for any other purpose, and the
recalculated ranking shall not affect any other district's portion
of the basic project cost under section 3318.032 of the Revised
Code or any district's eligibility for assistance under sections
3318.01 to 3318.20 of the Revised Code. The commission shall
revise the agreement entered into under section 3318.08 of the
Revised Code to reflect the district's new portion of the basic
project cost as determined under this division.
Section 2. That existing section 3318.032 of the Revised Code
is hereby repealed.
Section 3. (A) As used in this section, "equity list" means
the school district percentile rankings calculated under section
3318.011 of the Revised Code.
(B) Not later than thirty days after the effective date of
this section, the Department of Education shall create an
alternate equity list for fiscal year 2008 by recalculating each
school district's percentile ranking under section 3318.011 of the
Revised Code and shall certify the alternate equity list to the
Ohio School Facilities Commission. For this purpose, the
Department shall recalculate every school district's percentile
ranking using the district's "valuation per pupil" as that term is
defined in the version of section 3318.011 of the Revised Code in
effect on and after September 29, 2007. When recalculating the
percentile rankings, the Department shall
use the same values for
"average taxable value," "formula ADM," and "income factor," as
those terms are defined in section 3318.011 of the Revised Code,
that it used in calculating the original equity
list for fiscal
year 2008 certified to the Commission on September
5, 2007, and
shall not use any updated values for those variables.
(C) The Commission shall use the alternate equity list
certified under division (B) of this section to determine the
priority for assistance under sections 3318.01
to 3318.20 of the
Revised Code in fiscal year 2009 for each school district that has
not previously been offered funding under those sections. The
alternate equity list shall not affect any school district's
eligibility for the Exceptional Needs School Facilities Assistance
Program under section 3318.37 of the Revised Code.
(D) Notwithstanding any provision of Chapter 3318. of the
Revised Code to the contrary, for each school district that
receives the Commission's conditional approval of the district's
project under sections 3318.01 to 3318.20 or section 3318.37 of
the Revised Code in fiscal year 2009, the district's portion of
the basic project cost shall be the lesser of the following:
(1) The amount required under section 3318.032 of the Revised
Code calculated using the percentile in which the district ranks
on the alternate equity list certified under division (B) of this
section;
(2) The amount required under section 3318.032 of the Revised
Code calculated using the percentile in which the district ranks
on the original equity list for fiscal year 2008.
Section 4. (A) As used in this section:
(1) "Alternative equity list" means a rank order of all city,
exempted village, and local school districts into percentiles
according to the one-year adjusted valuation per pupil of each
district from lowest to higher adjusted valuation per pupil,
computed as follows:
(The district's total taxable value for tax year 2006 / the
district's formula ADM for fiscal year 2007) - [$30,000 x (1 -the
district's income factor for fiscal year 2007)]
(2) "Original equity list" means the school district
percentile ranking according to the three-year average adjusted
valuation per pupil of all city, exempted village, and local
school districts calculated under section 3318.011 of the Revised
Code and certified to the Ohio School Facilities Commission on
September 5, 2007.
(3) "Project" has the same meaning as in section 3318.01 of
the Revised Code.
(4) "School district's portion of the basic project cost"
means the portion of the basic project cost computed under section
3318.032 of the Revised Code.
(5) "Total taxable value," "formula ADM," and "income factor"
have the same meanings as in section 3317.02 of the Revised Code.
(B) Not later than thirty days after the effective date of
this section, the Department of Education shall create the
alternative equity list defined in this section and shall certify
that list to the Ohio School Facilities Commission for its use in
determining funding of school district projects for fiscal year
2009, in the manner prescribed in division (C) of this section.
(C) Notwithstanding any provision to the contrary in Chapter
3318. of the Revised Code, for fiscal year 2009 only, in the case
of any school district that has not received funding under
sections 3318.01 to 3318.20 of the Revised Code in any fiscal year
prior to fiscal year 2009 and for which the district's rank on the
alternative equity list is at least fifteen percentiles lower than
the district's rank on the original equity list:
(1) The Commission shall use the district's percentile on the
alternative equity list to determine the district's priority for
assistance and the school district's portion of the basic project
cost for a project under sections 3318.01 to 3318.20 of the
Revised Code, rather than the district's percentile on the
original equity list as otherwise provided under those sections;
(2) The Commission shall use the district's percentile on the
alternative equity list to determine the school district's portion
of the basic project cost for a project under section 3318.37 of
the Revised Code, rather than the district's percentile on the
original equity list as otherwise provided under that section. The
alternative equity list shall not affect any school district's
eligibility and priority for assistance under that section.
The Commission shall not use the alternative equity list to
determine the priority for funding or a school district's portion
of the basic project cost for any other school district or for any
other program administered by the Commission.
(D) If a school district is offered funding under sections
3318.01 to 3318.20 or section 3318.37 of the Revised Code for
fiscal year 2009 based on this section, the district's project
shall proceed as specified in those sections, except as otherwise
provided in this section.
Section 5. Notwithstanding division (B) of section 3318.40
of the Revised Code, the Ohio School Facilities Commission may set
aside up to three per cent of the aggregate amount appropriated to
it in fiscal year 2008 for classroom facilities assistance
projects in the Education Facilities Trust Fund established under
section 183.26 of the Revised Code, the Public School Building
Fund established under section 3318.15 of the Revised Code, and
the School Building Program Assistance Fund established under
section 3318.25 of the Revised Code to provide assistance to joint
vocational school districts for the acquisition of classroom
facilities in accordance with sections 3318.40 to 3318.45 of the
Revised Code.
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