Ohio Administrative Code Title 3318:1 - Ohio Schools Facilities Commission
Ohio Administrative Code – Title 3318:1
Ohio School Facilities Commission (OSFC)
🔷 1. Overview and Purpose
Title 3318:1 governs the Ohio School Facilities Commission (OSFC), a state agency created to oversee and support the construction, renovation, and maintenance of public K-12 school facilities throughout Ohio.
The purpose of the Commission is to:
Ensure safe, efficient, and educationally appropriate school facilities.
Provide financial assistance to public school districts.
Standardize the construction and maintenance process across the state.
Enforce accountability in the use of state funds in school construction.
The OSFC administers funding through several school construction programs, such as the Classroom Facilities Assistance Program (CFAP), Expedited Local Partnership Program (ELPP), and Vocational Facilities Assistance Program (VFAP).
🔷 2. Structure and Function of the Commission
The OSFC is managed by appointed members, including representatives from:
The Office of Budget and Management
The Department of Education
The Department of Administrative Services
The Commission partners with school districts and provides funding based on need, enrollment projections, and facility condition assessments.
🔷 3. Key Administrative Rules Under Title 3318:1
Here are major operational areas governed by Title 3318:1:
a. Eligibility and Application Process
School districts must apply to the Commission to receive funding.
Applications must include data on enrollment, current facilities, and financial readiness.
The Commission reviews and ranks districts based on wealth, facility needs, and readiness to proceed.
b. Project Agreement and Scope
The district and Commission enter into a Project Agreement that outlines:
Scope of the construction project (new buildings, renovations, repairs)
Funding commitments (state and local shares)
Design and construction standards
The agreement becomes a binding legal contract.
c. Design and Construction Standards
Projects must follow Ohio’s adopted standards, which cover:
Classroom sizes
HVAC systems
Fire and safety codes
Energy efficiency
Accessibility
The OSFC ensures uniform quality and cost-effectiveness across districts.
d. Funding and Cost-Sharing
Projects are co-funded by the state and the local school district.
The local share is based on the district’s relative wealth.
The Commission reimburses districts after certain project milestones are met.
e. Auditing and Compliance
All funds and construction projects are subject to:
Periodic financial audits
On-site inspections
Change order approvals
Final closeout audits
Violations may result in funding suspensions, recovery of funds, or litigation.
🔷 4. Relevant Ohio Case Law
Here are some Ohio cases interpreting and applying Title 3318:1 and OSFC rules:
✅ State ex rel. Toledo City School District Bd. of Edn. v. OSFC, 2006
Issue: Dispute over OSFC’s denial of funding for a school project phase based on the district’s alleged failure to meet preconditions.
Holding:
The court upheld the OSFC’s discretion, stating that participation in Commission programs requires strict compliance with eligibility criteria and timelines.
Importance:
OSFC decisions are given deference if the rules are followed and applied consistently.
✅ Cleveland City School District v. OSFC, 2011
Issue: Whether the Commission could demand repayment of funds due to cost overruns and alleged mismanagement by the district.
Holding:
The court ruled that the Project Agreement is legally enforceable, and that the Commission could pursue recovery if the district violated terms or failed to complete deliverables.
Importance:
Confirms that OSFC funding is conditional, and districts must adhere strictly to the agreement.
✅ Board of Education of Dayton City Schools v. OSFC, 2014
Issue: Whether OSFC improperly delayed funding disbursements, causing construction delays.
Holding:
The court found in favor of the school district, holding that the Commission cannot arbitrarily withhold payments if the district met all procedural requirements.
Importance:
While the OSFC has authority, it must act reasonably and within its own rules.
✅ In re: Dispute Between OSFC and Youngstown City School District, 2017
Issue: Whether a change in project scope required renegotiation of the Project Agreement.
Holding:
The court ruled that significant changes in project scope or funding require mutual consent and an amended agreement, and the Commission could decline funding for unapproved changes.
Importance:
Reinforces the contractual nature of the OSFC agreements and limits unilateral changes by districts.
🔷 5. Practical Implications
School districts must follow the prescribed procedures and timelines under Title 3318:1 to remain eligible for state assistance.
OSFC agreements are binding contracts; violating terms can result in litigation or loss of funding.
The Commission has broad discretion but must follow its own rules fairly and transparently.
Audits and oversight are rigorous. Failure to comply with construction, design, or financial rules can result in repayment demands or delays.
Collaboration with OSFC staff and clear documentation are essential to the success of any district construction project.
🔷 6. Summary
Ohio Administrative Code Title 3318:1 establishes a structured and regulated process for public school construction and renovation projects in Ohio, under the oversight of the Ohio School Facilities Commission. It covers eligibility, project approval, funding, design standards, and compliance. Ohio courts have upheld the OSFC’s authority while requiring adherence to its own procedures and fair treatment of participating school districts.
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