Chapter 3318:1-8 College-preparatory Boarding School Facilities Program

3318:1-8-01 Eligibility requirements.

In order to be eligible to participate in the college-preparatory boarding school facilities program, an entity must meet the following requirements:

(A) Be a governing board of trustees organized pursuant to section 3328.15 of the Revised Code;

(B) Have secured at least twenty million dollars of private funds to satisfy its share of facilities acquisition; and

(C) Have secured funding for the acquisition of residential facilities and any other facilities other than classroom facilities through private means.

Effective: 12/26/2011
R.C. 119.032 review dates: 12/26/2016
Promulgated Under: 111.15
Statutory Authority: 3318.60
Rule Amplifies: 3318.60

3318:1-8-02 Acquisition of classroom facilities.

(A) The acquisition of classroom facilities means constructing, reconstructing, repairing or making additions to classroom facilities.

(B) "Classroom Facilities" has the same meaning as in section 3318.01 of the Revised Code.

(C) The acquisition of classroom facilities under this program shall not be subject to provisions in sections 3318.01 to 3318.20 of the Revised Code.

Effective: 12/26/2011
R.C. 119.032 review dates: 12/26/2016
Promulgated Under: 111.15
Statutory Authority: 3318.60
Rule Amplifies: 3318.60

3318:1-8-03 Program procedure for application and approval.

(A) To be considered for participation in the college-preparatory boarding school facilities program, the board of trustees of a college-preparatory boarding school shall submit a written proposal to the commission and provide such additional requested data and documents as are deemed necessary for evaluation the application. The written proposal shall include, but is not limited to, the following:

(1) School information including school name, operator, contract information, enrollment information and contact information;

(2) Board of trustees' information, identifying the officers and fiscal officer of the board and contact information;

(3) Classroom facilities project information describing the project to be financed including the total square footage of the facilities, the total amount of state funding requested, the amount of non-state funding secured for the acquisition of the classroom facilities, the proposed site of the classroom facilities, any facilities needs assessment that has been conducted by the board of trustees or the operator, and a proposed phasing schedule of facilities needs based upon projected increases in student population due to serving additional grade levels;

(4) A description of educational delivery methods of the college-preparatory board school curriculum, the space required for those delivery methods and how those spaces differ from the Ohio school design manual;

(5) Proof of secured funding for board of trustees' share for the acquisition of classroom facilities and a financial plan for the operation of the school; and

(6) A proposed maintenance plan for the facilities including how that plan will be funded.

(B) The executive director shall appoint a college-preparatory boarding school facilities program review committee to review the proposals and make recommendations for approval by the commission. The review committee shall include a project planner, a project administrator, a representative from the Ohio department of education and such other persons as deemed necessary in assisting the commission in thoroughly reviewing the proposals.

(C) The review committee shall assess the proposals based upon the building and economic feasibility of the proposed location, the total square footage requested in order to fulfill the curriculum, the total cost of the project, the total cost to the state and the availability of state funds.

(D) The review committee shall make a recommendation to the commission for commission approval. The review committee shall notify the board of trustees that the proposal will be sent to the commission for its approval.

Effective: 12/26/2011
R.C. 119.032 review dates: 12/26/2016
Promulgated Under: 111.15
Statutory Authority: 3318.60
Rule Amplifies: 3318.60

3318:1-8-04 Classroom facilities acquisition agreement.

(A) Once a proposal has been recommended for approval by the review committee and has received formal approval from the commission, the commission shall submit the proposal to the controlling board for the approval of funding for the acquisition of classroom facilities.

(B) The commission shall then enter into an agreement with the selected board of trustees that shall include, but is not limited to, the following:

(1) A provision that the commission shall choose, in consultation with the board of trustees, the construction delivery method for the acquisition of classroom facilities;

(2) A provision that stipulates that the commission shall be the contracting authority for all professional services and construction contracts required for the acquisition of classroom facilities;

(3) A provision that the board of trustees must own the property or have an appropriate lease on the property upon which the classroom facilities are proposed;

(4) A provision for the lease of the classroom facilities to the selected operator as long as the operator has a signed contract with the Ohio department of education to be the operator of a college-preparatory boarding school established under Chapter 3328. of the Revised Code;

(5) A provision that throughout the term of the lease the selected operator provide proof of property insurance of the classroom facilities in an amount equal to the full value of the classroom facilities;

(6) A provision for the establishment and funding of a maintenance fund by the selected operator for the routine maintenance of the classroom facilities;

(7) A provision for the selected operator to have on staff one or more staff members who have obtained building operator certification;

(8) A provision for the selected operator to develop and follow a maintenance plan approved by the commission;

(9) A provision to terminate the lease with the selected operator if the operator fails to maintain its contract with the Ohio department of education to operate a college-preparatory boarding school established under Chapter 3328. of the Revised Code or fails to adequately maintain the classroom facilities; and

(10) A provision that in the event the board of trustees dissolves at any time, ownership of the classroom facilities must first be offered to the school district in which the facilities are located, then to any community school operating within the district and then to the state.

Effective: 12/26/2011
R.C. 119.032 review dates: 12/26/2016
Promulgated Under: 111.15
Statutory Authority: 3318.60
Rule Amplifies: 3318.60