Chapter 3318:1-6 Vocational Facilities Assistance Expedited Local Partnership Program

3318:1-6-01 Vocational facilities assistance expedited local partnership program.

(A) Pursuant to section 3318.46 of the Revised Code there is hereby created the vocational facilities assistance expedited local partnership program whereas:

(1) A district that cannot reasonably expect to be served under sections 3318.40 to 3318.45 of the Revised Code within two years shall be eligible to apply for participation in the program.

(2) To apply districts must submit a resolution of intent to participate in the program adopted by the district board of education.

(3) The commission will provide participating joint vocational school districts with a district-wide assessment.

(4) The commission and district will develop a district-wide master facilities plan in compliance with all applicable criteria contained in the 2011 Ohio school design manual, which can be found at http://osfc.ohio.gov/OSDM.aspx. The commission may, for good cause, waive its standards for replacement of facilities in the master plan.

(5) The master plan shall require district board, commission and state controlling board approval.

(6) The basic project cost shall be determined pursuant to section 3318.40 of the Revised Code.

(7) Participating districts may expend local resources on a separate and discrete portion of their master plan, either major new construction or major renovation and later qualifying expenditures are deducted from the district share of the basic project cost when the district becomes eligible under sections 3318.40 to 3318.45 of the Revised Code.

(8) Prior to beginning construction on a discrete portion that has been approved by the commission, the district shall:

(a) Secure funding for the discrete portion prior to entering into an agreement under section 3318.46 of the Revised Code.

(b) Establish a maintenance fund and agree to a schedule of deposits based on the value of the discrete portion pursuant to section 3318.43 of the Revised Code.

(c) Enter into an agreement pursuant to section 3318.46 of the Revised Code with the commission establishing the qualifying expenditures for the discrete portion and the administrative and audit requirements of the program.

(B) Once the district becomes eligible under sections 3318.40 to 3318.45 of the Revised Code, the commission will assess the facility needs of the district and develop a district-wide master plan taking into account the following:

(1) If work executed in the discrete portion constitutes a complete building, building addition or complete renovation of a building, the commission shall not include this work in the reassessment.

(2) If work executed in the discrete portion must be replaced pursuant to the reassessment, the commission may require that a district pay the full cost of replacement. In no case shall the commission both credit work in the discrete portion and also provide funding for replacement of the same work in the co-funded master plan.

(3) The commission may, for good cause, waive its standards for replacement of facilities.

(4) The basic project cost shall be recalculated based on the reassessment and shall include the amount of qualifying expenditures made by the district under paragraph (A) of this rule.

(5) State and local percentages of the basic project cost shall be determined based on the three-year average valuation per pupil of the district under section 3318.011 of the Revised Code in the fiscal year immediately preceding the year in which they become eligible to be served under sections 3318.40 to 3318.45 of the Revised Code.

(6) The commission shall deduct the district qualifying expenditures made by the district under paragraph (A) of this rule from the district portion of the basic project cost.

(a) If the expenditures are less than the total amount of the district share required for state assistance under sections 3318.40 to 3318.45 of the Revised Code, the district shall pay any additional amount required.

(b) If the district has spent more than the required local share on approved expenditures, the commission may reimburse the district for the amount spent above the required local share. The commission shall not expend any state funds on a project in an amount greater than the state portion of the basic project cost. Any monies reimbursed to the district shall be used to pay debt the district owes for facilities constructed under its project before such monies are applied to any other purpose.

(C) The commission funds are contingent upon the availability of lawful appropriations by the general assembly. If the general assembly fails at any time to continue funding for the commission or its building assistance programs, including the payments and other obligations that will become due hereunder when the district becomes eligible for state building assistance under sections 3318.40 to 3318.45 of the Revised Code, the obligations of the commission are terminated as of the date that the funding expires without further obligation of the commission.

Effective: 08/10/2012
R.C. 119.032 review dates: 05/18/2012 and 08/10/2017
Promulgated Under: 111.15
Statutory Authority: 3318.46
Rule Amplifies: 3318.46
Prior Effective Dates: 11/17/2006

3318:1-6-02 [Effective 4/30/2015] Assistance for districts that have entered into a vocational facilities assistance expedited local partnership agreement.

In any fiscal year, the Ohio school facilities commission may, at its discretion, provide assistance under sections 3318.40 to 3318.45 of the Revised Code to a school district that has entered into an expedited local partnership agreement under section 3318.46 of the Revised Code before the district is otherwise eligible for that assistance based on its percentile rank, if the commission determines all of the following:

(A) The district has made an expenditure of local resources under its expedited local partnership agreement on a discrete part of its district-wide project.

(B) The district is ready to fund its complete district-wide project. To be considered funding ready, a district must have an established credit and its full local share required for the completion of the co-funded project and is able to satisfy the maintenance fund requirement in section 3318.43 of the Revised Code without the approval of a further ballot issue.

(C) Sufficient state funds have been appropriated for classroom facilities projects for the fiscal year to pay the state share of the district's project after paying the state share of projects for all of the following:

(1) Districts that previously had their conditional approval lapse pursuant to section 3318.05 of the Revised Code;

(2) Districts eligible for assistance under division (B)(2) of section 3318.04 of the Revised Code;

(3) Districts participating in the exceptional needs school facilities assistance program under section 3318.37 or 3318.371 of the Revised Code;

(4) Districts participating in the accelerated urban school building assistance program under section 3318.38 of the Revised Code.

Assistance under this section shall be offered to eligible districts in the order of their percentile rankings at the time they entered into their expedited local partnership agreements, from lowest to highest percentile. In the event that more than one district has the same percentile ranking, those districts shall be offered assistance in the order of the date they entered into their expedited local partnership agreements, from earliest to latest date.

Effective: 4/30/2015
Five Year Review (FYR) Dates: 04/30/2020
Promulgated Under: 111.15
Statutory Authority: 3318.46
Rule Amplifies: 3318.46