Effective: September 29, 2017
Latest Legislation: House Bill 49 - 132nd General Assembly
(A)(1) As used in this section:
(a) "Full maintenance amount" has the same meaning as in section 3318.034 of the Revised Code.
(b) A "school district with an exceptional need for immediate classroom facilities assistance" means a school district with an exceptional need for new facilities in order to protect the health and safety of all or a portion of its students.
(2) No school district that participates in the school building assistance expedited local partnership program under section 3318.36 of the Revised Code shall receive assistance under the program established under this section unless the following conditions are satisfied:
(a) The district board adopted a resolution certifying its intent to participate in the school building assistance expedited local partnership program under section 3318.36 of the Revised Code prior to September 14, 2000.
(b) The district was selected by the Ohio facilities construction commission for participation in the school building assistance expedited local partnership program under section 3318.36 of the Revised Code in the manner prescribed by the commission under that section as it existed prior to September 14, 2000.
(B)(1) There is hereby established the exceptional needs school facilities assistance program. Under the program, the Ohio facilities construction commission may set aside from the moneys annually appropriated to it for classroom facilities assistance projects up to twenty-five per cent for assistance to school districts with exceptional needs for immediate classroom facilities assistance.
(2)(a) After consulting with education and construction experts, the commission shall adopt guidelines for identifying school districts with an exceptional need for immediate classroom facilities assistance.
(b) The guidelines shall include application forms and instructions for school districts to use in applying for assistance under this section.
(3) The commission shall evaluate the classroom facilities, and the need for replacement classroom facilities from the applications received under this section. The commission, utilizing the guidelines adopted under division (B)(2)(a) of this section, shall prioritize the school districts to be assessed.
Notwithstanding section 3318.02 of the Revised Code, the commission may conduct on-site evaluation of the school districts prioritized under this section and approve and award funds until such time as all funds set aside under division (B)(1) of this section have been encumbered. However, the commission need not conduct the evaluation of facilities if the commission determines that a district's assessment conducted under section 3318.36 of the Revised Code is sufficient for purposes of this section.
(4) Notwithstanding division (A) of section 3318.05 of the Revised Code, the school district's portion of the basic project cost under this section shall be the "required percentage of the basic project costs," as defined in division (K) of section 3318.01 of the Revised Code.
(5) Except as otherwise specified in this section, any project undertaken with assistance under this section shall comply with all provisions of sections 3318.01 to 3318.20 of the Revised Code. A school district may receive assistance under sections 3318.01 to 3318.20 of the Revised Code for the remainder of the district's classroom facilities needs as assessed under this section when the district is eligible for such assistance pursuant to section 3318.02 of the Revised Code, but any classroom facility constructed with assistance under this section shall not be included in a district's project at that time unless the commission determines the district has experienced the increased enrollment specified in division (B)(1) of section 3318.04 of the Revised Code.
(C) No school district shall receive assistance under this section for a classroom facility that has been included in the discrete part of the district's classroom facilities needs identified and addressed in the district's project pursuant to an agreement entered into under section 3318.36 of the Revised Code, unless the district's entire classroom facilities plan consists of only a single building designed to house grades kindergarten through twelve.
(D)(1) When undertaking a project under this section, a school district may elect to prorate its full maintenance amount by setting aside for maintenance the amount calculated under division (D)(2) of this section to maintain the classroom facilities acquired under the project, if the district will use one or more of the alternative methods authorized in sections 3318.051, 3318.052, and 3318.084 of the Revised Code to generate the entire amount calculated under that division. If the district so elects, the commission and the district shall include in the agreement entered into under section 3318.08 of the Revised Code a statement specifying that the district will use the amount calculated under that division only to maintain the classroom facilities acquired under the project under this section.
(2) The commission shall calculate the amount for a school district to maintain the classroom facilities acquired under a project under this section as follows:
The full maintenance amount X (the school district's portion of the basic project cost under this section / the school district's portion of the basic project cost for the district's entire classroom facilities needs, as determined jointly by the staff of the commission and the district)
(3) A school district may elect to prorate its full maintenance amount for any number of projects under this section, provided the district will use one or more of the alternative methods authorized in sections 3318.051, 3318.052, and 3318.084 of the Revised Code to generate the entire amount calculated under division (D)(2) of this section to maintain the classroom facilities acquired under each project for which it so elects. If the district cannot use one or more of those alternative methods to generate the entire amount calculated under that division, the district shall levy the tax described in division (B) of section 3318.05 of the Revised Code or an extension of that tax under section 3318.061 of the Revised Code in an amount necessary to generate the remainder of its full maintenance amount. The commission shall calculate the remainder of the district's full maintenance amount as follows:
The full maintenance amount - the sum of the amounts calculated for the district under division (D)(2) of this section for each of the district's prior projects under this section
(4) In no case shall the sum of the amounts calculated for a school district's maintenance of classroom facilities under divisions (D)(2) and (3) of this section exceed the amount that would have been required for maintenance if the district had elected to meet its entire classroom facilities needs with a project under sections 3318.01 to 3318.20 of the Revised Code and had not undertaken one or more projects under this section.
(5) If a school district commenced a project under this section prior to September 10, 2012, but has not completed that project, and has not levied the tax described in division (B) of section 3318.05 of the Revised Code or an extension of that tax under section 3318.061 of the Revised Code, the district may request approval from the commission to prorate its full maintenance amount in accordance with divisions (D)(1) to (4) of this section. If the commission approves the request, the commission and the district shall amend the agreement entered into under section 3318.08 of the Revised Code to reflect the change.
Structure 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 3318.022 | District Not Yet Eligible for State Assistance May Request Assessment.
Section 3318.024 | Use of Unspent and Unencumbered Funds.
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 3318.038 | 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 3318.051 | Alternative Funding for State-Assisted Classroom Projects.
Section 3318.053 | Use of Tax Proceeds on Improvements Not Included in Basic Project Cost.
Section 3318.055 | Maintenance Tax Not Be Included on Ballot Proposal.
Section 3318.056 | Combining Questions on Tax Levy Ballot.
Section 3318.061 | Resolution Proposing Extension of Existing Tax Levy.
Section 3318.063 | Rescission of Alternative Funding Agreement - Tax Levy.
Section 3318.07 | Certification of Election Results to Tax Commissioner.
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 3318.086 | Contingency Reserve.
Section 3318.091 | Issuing Bonds; Preparing of Plans and Estimates.
Section 3318.10 | Advertising and Awarding of Construction Bids.
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 3318.17 | 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 3318.25 | 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 3318.351 | 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 3318.37 | Exceptional Needs School Facilities Assistance Program.
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 3318.47 | 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 3318.62 | Agreements to Provide Facilities Assistance; Mandatory Stipulations.
Section 3318.70 | Funding to Assist Stem Schools in the Acquisition of Classroom Facilities.