Effective: September 29, 2017
Latest Legislation: House Bill 49 - 132nd General Assembly
(A) In lieu of participating in the college-preparatory boarding school facilities program under section 3318.60 of the Revised Code, if the board of trustees of a college-preparatory boarding school established under Chapter 3328. of the Revised Code has leased, purchased, or otherwise acquired a site for the school, the board of trustees may request approval from the Ohio facilities construction commission for the board of trustees and the commission to enter into an agreement with a person or entity for the development of the site, under which agreement all of the following shall occur:
(1) The board of trustees will lease the site and any facilities located on that site to the person or entity for the purpose of enabling the person or entity to provide the campus facilities needed for the school's programs and operations by constructing new facilities on the site; reconstructing, repairing, or making additions to the existing facilities on the site; or both.
(2) The person or entity will lease the site and any new or existing facilities located on that site back to the board of trustees for use by the school.
(3) The commission will pay the board of trustees state funds for the cost of acquisition of classroom facilities on the site and the board of trustees will use those funds to make rent payments on the lease provided by the person or entity. As agreed to by the commission and the board of trustees, the commission may pay the state funds to the board of trustees in periodic installments or as one lump sum in an amount equal to the outstanding balance on the lease for classroom facilities.
(B) The commission shall approve the request of the board of trustees under division (A) of this section only if the following conditions are satisfied:
(1) The person or entity that would be party to the agreement submits to the board of trustees and the commission a plan for developing the site that includes the following:
(a) Provision for installation of site utilities that meet the requirements of all applicable laws;
(b) A description of the facilities that will be constructed, reconstructed, repaired, or added to and their total square footage;
(c) A description of how the facilities will enable the board of trustees to provide the educational program described in section 3328.22 of the Revised Code;
(d) Provision for securing property and liability insurance for the facilities;
(e) A description of how the development of the site will be financed by the person or entity;
(f) The length of the lease that the person or entity will offer the board of trustees, which shall not exceed forty years, and the monthly rent that will be owed to the person or entity for that lease.
(2) The commission determines that the plan submitted under division (B)(1) of this section is satisfactory and will meet the needs of the students enrolled in the school and that the classroom facilities described in the plan do not exceed the construction and design standards established by the commission.
(3) The person or entity that would be party to the agreement has demonstrated financial responsibility to the satisfaction of the commission.
(4) The commission, in consultation with the board of trustees, determines that it is in the best interest of the school for the board of trustees and the commission to enter into the agreement.
(C) Upon approval of the commission, the board of trustees and the commission may enter into an agreement with the person or entity for development of the site in accordance with this section. The agreement shall include the following:
(1) A requirement that development of the site begin not later than eighteen months after the agreement is executed and proceed according to a schedule specified in the agreement;
(2) A stipulation that failure of the person or entity developing the site to comply with the schedule shall be grounds for termination of the agreement;
(3) A provision specifying which party to the agreement owns the facilities located on the site if the school closes prior to the expiration of the agreement and a provision indicating the period of time after the school's closure, if any, during which rent payments will continue to be paid to the person or entity developing the site.
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.