2006 Ohio Revised Code - 3318.04. Conditional approval; encumbrance of funds; approval by controlling board; certification to district board.

§ 3318.04. Conditional approval; encumbrance of funds; approval by controlling board; certification to district board.
 

(A)  If the Ohio school facilities 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 [3318.01.1] 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 [3318.06.1] 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 [3318.04.2] of the Revised Code. 
 

HISTORY: 127 v 396 (Eff 6-22-57); 128 v 501 (Eff 8-5-59); 136 v H 155 (Eff 6-29-75); 146 v H 748 (Eff 9-17-96)/D; 147 v S 102 (Eff 5-20-97); 147 v H 650 (Eff 7-1-98); 147 v H 850 (Eff 3-18-99); 148 v S 272 (Eff 9-14-2000); 149 v H 94 (Eff 6-6-2001); 149 v H 524. Eff 6-28-2002; 151 v H 16, § 1, eff. 5-6-05.
 

Å See note following RC § 3318.01. 

/DÅ Section 210 of Am. Sub. HB 94 (149 v  - ) was disapproved in part by the Governor 6-6-2001. 
 

The effective date is set by section 75 of HB 524. 

The provisions of § 210/DÅ of HB 94 (149 v  - ) read as follows: 

SECTION 210. The amendment by this act inserting division (B)(3) into section 3318.04 of the Revised Code constitutes an item of law that is not subject to the referendum. Therefore, under Ohio Constitution, Article II, Section 1d and section 1.471 of the Revised Code, the item goes into immediate effect when this act becomes law. 

 

Effect of Amendments

Section 1, 151 v H 16, effective May 6, 2005, in (A), twice substituted "fiscal year" for "fiscal biennium".