Ohio Revised Code
Chapter 3318 | School Facilities
Section 3318.04 | Conditional Approval; Encumbering Funds.

Effective: September 29, 2017
Latest Legislation: House Bill 49 - 132nd General Assembly
(A) If the Ohio facilities construction commission makes a determination under section 3318.03 of the Revised Code in favor of constructing, acquiring, reconstructing, or making additions to a classroom facility, the project shall be conditionally approved. Such conditional approval shall be submitted to the controlling board for approval thereof. The controlling board shall forthwith approve or reject the commission's determination, conditional approval, the amount of the state's portion of the basic project cost, and, the amount of the state's portion to be encumbered in the current fiscal year. In the event of approval thereof by the controlling board, the commission shall certify such conditional approval to the school district board and shall encumber from the total funds appropriated for the purpose of sections 3318.01 to 3318.20 of the Revised Code the amount approved under this section to be encumbered in the current fiscal year.
The basic project cost for a project approved under this section shall not exceed the cost that would otherwise have to be incurred if the classroom facilities to be constructed, acquired, or reconstructed, or the additions to be made to classroom facilities, under such project meet, but do not exceed, the specifications for plans and materials for classroom facilities adopted by the commission.
(B)(1) No school district shall have a project conditionally approved pursuant to this section if the school district has already received any assistance for a project funded under any version of sections 3318.01 to 3318.20 of the Revised Code, and the prior project was one for which the electors of such district approved a levy within the last twenty years pursuant to any version of section 3318.06 of the Revised Code for purposes of qualifying for the funding of that project, unless the district demonstrates to the satisfaction of the commission that the district has experienced since approval of its prior project an exceptional increase in enrollment significantly above the district's design capacity under that prior project as determined by rule of the commission.
(2) Notwithstanding division (B)(1) of this section, any school district that received assistance under sections 3318.01 to 3318.20 of the Revised Code, as those sections existed prior to May 20, 1997, may receive additional assistance under those sections, as they exist on and after May 20, 1997, prior to the expiration of the period of time required under division (B)(1) of this section, if the percentile in which the school district is located, as determined under section 3318.011 of the Revised Code, is eligible for assistance as prescribed in section 3318.02 of the Revised Code.
The commission may provide assistance under sections 3318.01 to 3318.20 of the Revised Code pursuant to this division to no more than five school districts per fiscal year until all eligible school districts have received the additional assistance authorized under this division. The commission shall establish application procedures, deadlines, and priorities for funding projects under this division.
The commission at its discretion may waive current design specifications it has adopted for projects under sections 3318.01 to 3318.20 of the Revised Code when assessing an application for additional assistance under this division for the renovation of classroom facilities constructed or renovated under a school district's previous project. If the commission finds that a school district's existing classroom facilities are adequate to meet all of the school district's needs, the commission may determine that no additional state assistance be awarded to a school district under this division.
In order for a school district to be eligible to receive any additional assistance under this division, the school district electors shall extend the school district's existing levy dedicated for maintenance of classroom facilities under Chapter 3318. of the Revised Code, pursuant to section 3318.061 of the Revised Code or shall provide equivalent alternative maintenance funds as specified in division (A)(2) of section 3318.06 of the Revised Code.
(3) Notwithstanding division (B)(1) of this section, any school district that has received assistance under sections 3318.01 to 3318.20 of the Revised Code after May 20, 1997, may receive additional assistance if the commission decides in favor of providing such assistance pursuant to section 3318.042 of the Revised Code.
(4) Notwithstanding division (B)(1) of this section, any school district that has opted to divide its entire classroom facilities needs into segments to be completed separately, as authorized by section 3318.034 of the Revised Code, and that has received assistance under sections 3318.01 to 3318.20 of the Revised Code for one of those segments may receive assistance under those sections for a subsequent segment. Assistance for any subsequent segment shall not include any additional work on a building included in a prior segment unless the district demonstrates to the satisfaction of the commission that the district has experienced since the completion of the prior segment an exceptional increase in enrollment in the grade levels housed in that building.

Structure Ohio Revised Code

Ohio Revised Code

Title 33 | Education-Libraries

Chapter 3318 | School Facilities

Section 3318.01 | Bond Issues and Tax Levy Definitions.

Section 3318.011 | Ranking Districts in Order of Adjusted Valuation per Pupil From District.

Section 3318.02 | Periodic Assessment of Classroom Facility Needs - On-Site Visits.

Section 3318.021 | On-Site Visits to Districts Intending to Participate in Expedited Local Partnership Program.

Section 3318.022 | District Not Yet Eligible for State Assistance May Request Assessment.

Section 3318.024 | Use of Unspent and Unencumbered Funds.

Section 3318.03 | Facilities Construction Commission to Determine Need for Additional Classroom Facilities.

Section 3318.031 | Commission to Consider Student and Staff Safety and Health.

Section 3318.032 | Portion of Basic Project Cost Supplied by School District.

Section 3318.033 | Recalculation of District Percentile Ranking.

Section 3318.034 | Division of District Classroom Needs Into Segments.

Section 3318.035 | Change of Assessment Rates on Gas Pipelines.

Section 3318.036 | Priority for Project Funding.

Section 3318.037 | Retention of Percentile Ranking Upon Reapplication for Expedited Local Partnership Program.

Section 3318.038 | Water Bottle Filling Stations and Drinking Fountains.

Section 3318.04 | Conditional Approval; Encumbering Funds.

Section 3318.041 | District May Adopt and Certify Proposed Project.

Section 3318.042 | Additional Assistance.

Section 3318.05 | District Board Acceptance of Conditional Approval of Commission of Project; Election on Propositions.

Section 3318.051 | Alternative Funding for State-Assisted Classroom Projects.

Section 3318.052 | Use of Property Tax or School District Income Tax Proceeds to Pay Costs of Project or for Maintenance of Classroom Facilities - Options of School District Board.

Section 3318.053 | Use of Tax Proceeds on Improvements Not Included in Basic Project Cost.

Section 3318.054 | Lapse of Classroom Facilities Project Due to Failure of Voters to Approve Ballot Measures.

Section 3318.055 | Maintenance Tax Not Be Included on Ballot Proposal.

Section 3318.056 | Combining Questions on Tax Levy Ballot.

Section 3318.06 | Submitting Resolution Relative to Tax Levy in Excess of Ten-Mill Limitation - Bond Issue.

Section 3318.061 | Resolution Proposing Extension of Existing Tax Levy.

Section 3318.062 | Form of Ballot Where Bonds Are to Be Issued in Multiple Series - Combination With Other Questions.

Section 3318.063 | Rescission of Alternative Funding Agreement - Tax Levy.

Section 3318.07 | Certification of Election Results to Tax Commissioner.

Section 3318.08 | Agreement With Ohio Facilities Construction Commission for Construction and Sale of Project.

Section 3318.081 | Supplemental Agreement With Ohio Facilities Construction Commission.

Section 3318.082 | Supplemental Agreement for Distributing Certain Tax Proceeds.

Section 3318.083 | Sharing of Approved Increase in Basic Project Cost.

Section 3318.084 | Applying Local Donated Contribution Toward Project.

Section 3318.085 | Agreement by Eligible Districts for Joint Issuance of Certificates of Participation in Bond Proceeds.

Section 3318.086 | Contingency Reserve.

Section 3318.091 | Issuing Bonds; Preparing of Plans and Estimates.

Section 3318.10 | Advertising and Awarding of Construction Bids.

Section 3318.11 | Amount of State Appropriations Encumbered for Project - Project Priority for State Funds.

Section 3318.112 | Standards for Solar-Ready Equipment.

Section 3318.12 | Transfer and Disbursement of Funds.

Section 3318.121 | Transfer of Earnings From Big-8 Project Fund to Special Fund.

Section 3318.13 | Including Balance Due in District Tax Budget.

Section 3318.14 | County Treasurer to Pay Proceeds of Tax Levy.

Section 3318.15 | Public School Building Fund.

Section 3318.16 | Commission Has Interest in Real Property Purchased With School District's Project Construction Fund.

Section 3318.17 | Rate and Maximum Period of Tax Levies.

Section 3318.18 | Statewide Average Valuation per Pupil - Half-Mill Equalization Fund.

Section 3318.20 | Constitutionality.

Section 3318.21 | Educational Revitalization of Certain Districts Definitions.

Section 3318.22 | Authorization to Provide Assistance and Contribute to Educational Revitalization of Certain Districts.

Section 3318.25 | School Building Program Assistance Fund.

Section 3318.26 | Issuing Obligations of State.

Section 3318.28 | Alternative, Supplemental Provisions.

Section 3318.29 | Maximum Maturity and Terms of Obligations.

Section 3318.311 | Design Specifications Classroom Facilities for Joint Vocational Education Programs.

Section 3318.351 | School Building Emergency Assistance Program.

Section 3318.36 | School Building Assistance Expedited Local Partnership Program.

Section 3318.361 | Proposing Tax Levy for Expedited Local Partnership Program Purposes.

Section 3318.362 | Term of Bonds.

Section 3318.363 | Tax Valuation Decrease.

Section 3318.364 | Assistance for Schools That Have Entered Into an Expedited Local Partnership Agreement.

Section 3318.37 | Exceptional Needs School Facilities Assistance Program.

Section 3318.371 | Assistance for Relocation or Replacement of Classroom Facilities Due to Contamination.

Section 3318.38 | Accelerated Urban School Building Assistance Program.

Section 3318.39 | 1:1 School Facilities Option Program.

Section 3318.40 | Vocational School Facilities Assistance Program.

Section 3318.41 | Annual Assessment of Needs.

Section 3318.42 | Selecting Districts for Assistance.

Section 3318.43 | Moneys Dedicated to Maintenance of Classroom Facilities.

Section 3318.44 | Generating District's Portion of Basic Project Cost.

Section 3318.45 | Election on Issuing Securities to Generate District's Portion of Basic Project Cost.

Section 3318.46 | Expenditure of Local Resources Prior to School District's Eligibility for State Assistance.

Section 3318.47 | Transfer of Amounts to Rc 3318.15 Fund.

Section 3318.48 | Certificate of Completion.

Section 3318.49 | Corrective Action Program.

Section 3318.50 | Community School Classroom Facilities Loan Guarantee Program.

Section 3318.52 | Community School Classroom Facilities Loan Guarantee Fund.

Section 3318.60 | College-Preparatory Boarding School Facilities Program.

Section 3318.61 | Alternative to Participation in College-Preparatory Boarding School Facilities Program; Leasing of Facilities to Person or Entity; Agreement.

Section 3318.62 | Agreements to Provide Facilities Assistance; Mandatory Stipulations.

Section 3318.70 | Funding to Assist Stem Schools in the Acquisition of Classroom Facilities.

Section 3318.71 | Guidelines for Acquisition of Classroom Facilities to Be Used for a Joint Science, Technology, Engineering, and Mathematics Education programs..