Professional Report

FACILITIES PROGRAM – EXCEPTIONAL NEEDS PROGRAM (ENP)

3318.37

The Exceptional Needs Program (ENO) provides support for districts with a need for new facilities to protect the health and safety of students.

ENP eligibility does not extend to a district participating in an expedited local partnership (ELP) project or approved for an ELP project prior to September 14, 2000. The Ohio Construction Facilities Commission (OCFC) may set aside up to 25% of the annual appropriation for the Classroom Facilities Assistance Program for the ENP. Within the ENP there is a subprogram, the environmental contamination program, to assist districts that must relocate or replace a facility due to environmental conditions. While eligibility is not based on local wealth, the district must repay to the state any restitution for the contamination in excess of the district’s share of the cost of the project. As a condition for accepting assistance from the school facilities commission, a district is required to “adhere” to a maintenance plan approved by the commission. Once conditional approval from the School Facilities Commission is secured, a district has 13 months to gain voter approval for its bond issue and an accompanying tax levy to pay for the district’s share.

3318.371

FACILITIES, MAINTENANCE OF

3318.08

FACILITIES PROGRAM – LAPSE OF PROJECT FUNDING

3318.032 3318.05 3318.054 3318.41

If the project lapses, that district does have priority for funding in the future once the district secures voter approval.

The board of education of a lapsed district must request that the School Facilities Commission set a new scope and estimated cost for the project based on the district’s current wealth percentile and tax valuation. (However, for districts that participated in the ELPP and are now eligible for CFAP funding, the state/local percentages will continue to be based on the percentage specified in the ELP agreement.) The new scope and estimated costs are valid for one year.

FACILITIES PROGRAM, PROJECT CLOSE-OUT

3318.12 3318.48

Commission must issue a “certificate of completion” when all of the following have occurred:

1)facilities are complete and district has permanent certificates of occupancy; 2) Commission has issued certificates of contract completion on all prime construction contracts; 3) Commission has completed final accounting of project construction fund and determined that all payments complied with Commission policies; 4) any litigation has been resolved; and 5) all construction management services provided by the Commission have been delivered, and no state funds for these services remain encumbered. Commission may issue certificate of completion prior to the satisfaction of these conditions if it determines that circumstances preventing the satisfaction “are so minor in nature that the project should be considered complete.” The Commission may specify any of the following: 1) any incomplete work and manner in which the district must oversee its completion; 2) terms and conditions for resolving any pending litigation; and 3) remaining responsibilities of the construction manager.