Bill Title: To revise the method for calculating the annual school district equity rankings for classroom facilities assistance and to declare an emergency.
Spectrum: Moderate Partisan Bill (Republican 9-1)
Status: (Introduced - Dead) 2009-09-09 - To Education
[HB275 Detail]Download: Ohio-2009-HB275-Introduced.html
As Introduced
| 128th General Assembly | | Regular Session | | 2009-2010 |
| |
Cosponsors:
Representatives Adams, J., Ruhl, Burke, Stebelton, Domenick, Lehner, Adams, R., Grossman, Boose
A BILL
| To amend section 3318.011 of the Revised Code to | 1 |
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revise the method for calculating the annual | 2 |
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school district equity rankings for classroom | 3 |
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facilities assistance and to declare an emergency. | 4 |
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
| Section 1. That section 3318.011 of the Revised Code be | 5 |
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amended to read as follows: | 6 |
| Sec. 3318.011. For purposes of providing assistance under | 7 |
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sections 3318.01 to 3318.20 of the Revised Code, the department
of | 8 |
|
education shall annually do all of the following: | 9 |
| (A) Calculate the adjusted valuation per pupil of each
city, | 10 |
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local, and exempted village school district according to
the | 11 |
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following formula: | 12 |
| The district's valuation per pupil - | 13 |
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| [$30,000 X (1 - the district's income factor)]. | 14 |
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| For purposes of this calculation: | 15 |
| (1) Except for a district with an open enrollment
net gain | 16 |
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that is ten per cent or more of its formula ADM,
"valuation per | 17 |
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pupil" for a district means its average
taxable
value, divided by | 18 |
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its formula ADM for the previous fiscal
year. "Valuation per | 19 |
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pupil," for a district with an open enrollment net gain that is | 20 |
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ten per cent or more of its formula ADM, means its average taxable | 21 |
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value, divided by the sum of its formula ADM for the previous | 22 |
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fiscal year plus its open enrollment net gain for the previous | 23 |
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fiscal year. | 24 |
(2) "AverageExcept for a tangible personal property | 25 |
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phase-out impacted district, "average taxable value" means the | 26 |
|
average of the sum of the amounts
certified for a district under | 27 |
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divisions (A)(1) and (2) of section
3317.021 of the Revised Code | 28 |
in the second,
third, and fourth
preceding
fiscal years under | 29 |
divisions (A)(1)
and (2) of section
3317.021 of
the Revised | 30 |
Code.
For a tangible
personal property phase-out impacted | 31 |
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district, "average taxable
value" means the average of the sum of | 32 |
|
the amounts certified for the district under division (A)(1) and | 33 |
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as public utility
personal property under division (A)(2) of | 34 |
|
section 3317.021 of the
Revised Code
in the second, third, and | 35 |
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fourth preceding fiscal years. | 36 |
| (3) "Entitled to attend school" means entitled to
attend | 37 |
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school in a city, local, or exempted village school
district | 38 |
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under section 3313.64 or 3313.65 of the Revised Code. | 39 |
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(4) "Formula ADM" and "income factor" have the same
meanings | 40 |
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as in section 3317.02 of
the Revised Code. | 41 |
| (5) "Native student" has the same meaning as in section | 42 |
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3313.98 of the Revised Code. | 43 |
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(6) "Open enrollment net gain" for a district means (a) the | 44 |
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number of the students entitled to attend school in another | 45 |
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district but who are enrolled in the schools of the district under | 46 |
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its open enrollment policy minus (b) the number of the district's | 47 |
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native students who are enrolled in the schools of another | 48 |
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district under the other district's open enrollment policy, both | 49 |
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numbers as certified to the department under section 3313.981 of | 50 |
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the Revised Code. If the difference is a negative number, the | 51 |
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district's "open enrollment net gain" is zero. | 52 |
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(7) "Open enrollment policy" means an interdistrict open | 53 |
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enrollment policy adopted under section 3313.98 of the Revised | 54 |
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Code. | 55 |
| (8) "Tangible personal property phase-out impacted district" | 56 |
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means a school district for which the taxable
value of its | 57 |
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tangible personal property certified under division
(A)(2) of | 58 |
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section 3317.021 of the Revised Code for tax year 2005,
excluding | 59 |
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the taxable value of public utility personal property, made up | 60 |
|
twenty per
cent or more of its total taxable value for tax year | 61 |
|
2005 as certified under that section. | 62 |
| (B) Calculate for each district the three-year average of the | 63 |
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adjusted valuations per pupil calculated for the
district for the | 64 |
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current and two preceding
fiscal years; | 65 |
| (C) Rank all such districts in order of adjusted valuation | 66 |
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per pupil from the district with the lowest three-year average | 67 |
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adjusted
valuation
per pupil to the district with the highest | 68 |
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three-year average adjusted
valuation per pupil; | 69 |
| (D) Divide such
ranking into percentiles with the first | 70 |
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percentile containing the one per cent
of school districts having | 71 |
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the lowest three-year average adjusted
valuations per pupil and | 72 |
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the
one-hundredth percentile containing the one per cent of school | 73 |
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districts
having the highest three-year average adjusted | 74 |
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valuations per pupil; | 75 |
| (E) Determine the school districts that have
three-year | 76 |
|
average adjusted
valuations per pupil that are greater
than the | 77 |
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median three-year average adjusted valuation per
pupil for all | 78 |
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school districts in the state; | 79 |
| (F) On or before the first day of September, certify the | 80 |
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information described in divisions (A)
to (E) of this section to | 81 |
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the Ohio school facilities
commission. | 82 |
| Section 2. That existing section 3318.011 of the Revised | 83 |
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Code is hereby repealed. | 84 |
| Section 3. (A) As used in this section, "equity list" means | 85 |
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the school district percentile rankings calculated under section | 86 |
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3318.011 of the Revised Code. | 87 |
| (B) Not later than thirty days after the effective date of | 88 |
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this section, the Department of Education shall create an | 89 |
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alternate equity list for fiscal year 2010, for use in funding | 90 |
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projects for fiscal year 2011, by recalculating each school | 91 |
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district's percentile ranking under section 3318.011 of the | 92 |
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Revised Code and shall certify the alternate equity list to the | 93 |
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Ohio School Facilities Commission. For this purpose, the | 94 |
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Department shall recalculate each school district's percentile | 95 |
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ranking using the district's "average taxable value" as that term | 96 |
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is defined in the version of section 3318.011 of the Revised Code, | 97 |
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as it results from the amendments to that section enacted by this | 98 |
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act. | 99 |
| (C) The Commission shall use the alternate equity list | 100 |
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certified under division (B) of this section to determine the | 101 |
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priority for assistance under sections 3318.01 to 3318.20 of the | 102 |
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Revised Code for fiscal year 2011 for each school district that | 103 |
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has not previously been offered funding under those sections. | 104 |
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However, no district that already has been offered assistance | 105 |
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under those sections for fiscal year 2011 prior to the | 106 |
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Commission's receipt of the alternate equity list shall be denied | 107 |
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the opportunity for assistance under those sections for that | 108 |
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fiscal year. | 109 |
| (D) Notwithstanding any provision of Chapter 3318. of the | 110 |
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Revised Code to the contrary, for each school district that | 111 |
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receives the Commission's conditional approval of the district's | 112 |
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project under sections 3318.01 to 3318.20 of the Revised Code for | 113 |
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fiscal year 2011, the district's portion of the basic project cost | 114 |
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shall be the lesser of the following: | 115 |
| (1) The amount required under section 3318.032 of the Revised | 116 |
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Code calculated using the percentile in which the district ranks | 117 |
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on the alternate equity list certified under division (B) of this | 118 |
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section; | 119 |
| (2) The amount required under section 3318.032 of the Revised | 120 |
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Code calculated using the percentile in which the district ranks | 121 |
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on the original equity list for fiscal year 2010. | 122 |
| Section 4. This act is hereby declared to be an emergency | 123 |
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measure necessary for the immediate preservation of the public | 124 |
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peace, health, and safety. The reason for such necessity is to | 125 |
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prevent delays in classroom construction projects by school | 126 |
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districts that have substantial amounts of declining tangible | 127 |
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personal property valuation. Therefore, this act shall go into | 128 |
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immediate effect. | 129 |
