As Introduced 1
123rd General Assembly 4
Regular Session S. B. No. 53 5
1999-2000 6
SENATOR CARNES 8
10
A B I L L
To amend sections 3345.01, 3354.09, 3355.06, and 12
3357.09 and to enact section 3333.32 of the 13
Revised Code and to amend Section 99.01 of Am. 14
Sub. H.B. 215 of the 122nd General Assembly to 15
grant in-state tuition rates and subsidies at
certain public institutions of higher education 16
to residents of contiguous states who are 17
employed in Ohio and whose employers contract to 18
pay their tuition and fees.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 20
Section 1. That sections 3345.01, 3354.09, 3355.06, and 22
3357.09 be amended and section 3333.32 of the Revised Code be 23
enacted to read as follows:
Sec. 3333.32. FOR PURPOSES OF STATE SUBSIDY AND TUITION 25
AND FEE SURCHARGES, A STUDENT ATTENDING A STATE UNIVERSITY LISTED 27
IN SECTION 3345.011 OF THE REVISED CODE, A COMMUNITY COLLEGE, A 29
TECHNICAL COLLEGE, A UNIVERSITY BRANCH, OR A STATE COMMUNITY 30
COLLEGE HAS RESIDENT STATUS IF ALL OF THE FOLLOWING CONDITIONS 31
APPLY:
(A) THE STUDENT RESIDES IN A CONTIGUOUS STATE. 34
(B) THE STUDENT IS EMPLOYED IN OHIO BY A BUSINESS, 37
ORGANIZATION, OR GOVERNMENT AGENCY LOCATED IN OHIO. 39
(C) THE EMPLOYER ENTERS INTO A CONTRACT WITH THE 42
INSTITUTION OF HIGHER EDUCATION UNDER WHICH THE EMPLOYER PAYS ALL 43
OF THE STUDENT'S TUITION AND FEES DIRECTLY TO THE INSTITUTION AND 44
AGREES NOT TO CHARGE OR SEEK REIMBURSEMENT FROM THE STUDENT IN 45
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ANY MANNER FOR ANY PART OF THE TUITION AND FEES. 46
THE CONTRACT MAY INCLUDE ANY ADDITIONAL PROVISIONS TO WHICH 49
THE INSTITUTION AND THE EMPLOYER AGREE, SO LONG AS THOSE
PROVISIONS DO NOT CONFLICT WITH DIVISION (C) OF THIS SECTION. 51
A CONTRACT UNDER THIS SECTION MAY PERMIT THE EMPLOYER TO 53
PAY TUITION AND FEES FOR EMPLOYEES WHO RESIDE IN OHIO AND 54
CONTIGUOUS STATES IN ONE FIXED, GROUP RATE. THAT RATE MAY BE 55
LESS THAN THE SUM THAT WOULD OTHERWISE BE CALCULATED BY CHARGING 56
EACH EMPLOYEE COVERED BY THE CONTRACT THE RESIDENT TUITION AND 57
FEES.
Sec. 3345.01. Except as provided in section SECTIONS 66
3333.17 AND 3333.32 of the Revised Code, the board of trustees of 68
a state university or college, as defined in section 3345.12 of 69
the Revised Code, may charge reasonable tuition for the
attendance of pupils who are nonresidents of Ohio. 70
Sec. 3354.09. The board of trustees of a community college 79
district may: 80
(A) Own and operate a community college, pursuant to an 82
official plan prepared and approved in accordance with section 83
3354.07 of the Revised Code, or enter into a contract with a 84
generally accredited public university or college for operation 85
of such community college by such university or college pursuant 86
to an official plan prepared and approved in accordance with 87
section 3354.07 of the Revised Code; 88
(B) Hold, encumber, control, acquire by donation, 90
purchase, or condemnation, construct, own, lease, use, and sell 91
real and personal property as is necessary for the conduct of the 92
program of the community college on whatever terms and for 93
whatever consideration may be appropriate for the purpose of the 94
college; 95
(C) Accept gifts, grants, bequests, and devises absolutely 97
or in trust for support of the college during the existence of 98
the college; 99
(D) Appoint the administrative officers, faculty, and 101
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staff, necessary and proper for such community college, and fix 102
their compensation except in instances in which the board of 103
trustees has delegated such powers to a college or university 104
operating such community college pursuant to a contract entered 105
into by the board of trustees of the district; 106
(E) Provide for a community college necessary lands, 108
buildings or other structures, equipment, means, and appliances; 109
(F) Develop and adopt, pursuant to the official plan, the 111
curricular programs identified in section 3354.01 of the Revised 112
Code as arts and sciences programs and technical programs, or 113
either. Such programs may include adult-education programs. 114
(G) Except as provided in section SECTIONS 3333.17 AND 116
3333.32 of the Revised Code, establish schedules of fees and 118
tuition for students who are residents of the district, residents 119
of Ohio but not of the district, and students who are 120
nonresidents of Ohio. The establishment of rules governing the 121
determination of residence shall be subject to approval of the 122
Ohio board of regents. Students who are nonresidents of Ohio 123
shall be required to pay higher rates of fees and tuition than 124
the rates required of students who are residents of Ohio but not 125
of the district, and students who are residents of the district 126
shall pay a smaller tuition and fee rate than the rate for either 127
category of nonresident students. 128
(H) Authorize, approve, ratify, or confirm any agreement 130
relating to any such community college with the United States 131
government, acting through any agency of such government 132
designated or created to aid in the financing of such projects, 133
or with any person or agency offering grants in aid in financing 134
such educational facilities or the operation of such facilities 135
except as prohibited in division (K) of this section. 136
Such agreement may include a provision for repayment of 138
advances, grants, or loans made to any community college district 139
from funds which may become available to it. 140
When the United States government or its agent makes a 142
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grant of money to any community college district to aid in paying 143
the cost of any projects of such district, or enters into an 144
agreement with the community college district for the making of 145
any such grant of money, the amount thereof is deemed 146
appropriated for such purpose by the community college district 147
and is deemed in process of collection within the meaning of 148
section 5705.41 of the Revised Code. 149
(I) Grant appropriate certificates of achievement to 151
students successfully completing the community college programs; 152
(J) Prescribe rules for the effective operation of a 154
community college and exercise such other powers as are necessary 155
for the efficient management of such college; 156
(K) Receive and expend gifts or grants from the state for 158
the payment of operating costs, for the acquisition, 159
construction, or improvement of buildings or other structures, or 160
for the acquisition or use of land. In no event shall state 161
gifts or grants be expended for the support of adult-education 162
programs. Gifts or grants from the state for operating costs 163
shall not in any biennium exceed the amount recommended by the 164
Ohio board of regents to the governor as provided in Chapter 165
3333. of the Revised Code. Such gifts or grants shall be 166
distributed to such districts in equal quarter-annual payments, 167
unless otherwise provided or authorized in any act appropriating 168
moneys for such purposes, on or before the last day of February, 169
May, August, and November in each year. 170
(L) Retain consultants in the fields of education, 172
planning, architecture, law, engineering, or other fields of 173
professional skill; 174
(M) Purchase: 176
(1) A policy or policies of insurance insuring the 178
district against loss of or damage to property, whether real, 179
personal, or mixed, which is owned by the district or leased by 180
it as lessee or which is in the process of construction by or for 181
the district; 182
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(2) A policy or policies of fidelity insurance in such 184
amounts and covering such trustees, officers, and employees of 185
the district as it considers necessary or desirable; 186
(3) A policy or policies of liability insurance from an 188
insurer or insurers licensed to do business in this state 189
insuring its members, officers, and employees against all civil 190
liability arising from an act or omission by the member, officer, 191
or employee when the member, officer, or employee is not acting 192
manifestly outside the scope of his employment or official 193
responsibilities with the institution, with malicious purpose or 194
bad faith, or in a wanton or reckless manner, or may otherwise 195
provide for the indemnification of such persons against such 196
liability. All or any portion of the cost, premium, or charge 197
for such a policy or policies or indemnification payment may be 198
paid from any funds under the institution's control. The policy 199
or policies of liability insurance or the indemnification policy 200
of the institution may cover any risks including, but not limited 201
to, damages resulting from injury to property or person, 202
professional liability, and other special risks, including legal 203
fees and expenses incurred in the defense or settlement of claims 204
for such damages. 205
(4) A policy or policies of insurance insuring the 207
district against any liabilities to which it may be subject on 208
account of damage or injury to persons or property, including 209
liability for wrongful death. 210
(N) Designate one or more employees of the institution as 212
state university law enforcement officers, to serve and have 213
duties as prescribed in section 3345.04 of the Revised Code. 214
Sec. 3355.06. The managing authority of the university 223
branch district shall adopt its own rules governing proceedings, 224
designate the permanent place of business of the district, and 225
keep a record of all its proceedings. Such record shall be open 226
for public inspection during regular business hours at the 227
permanent place of business of the district. 228
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The managing authority may: 230
(A) Enter into a contract for a period of not less than 232
four nor more than ten years with a state or municipal university 233
for the operation of a university branch by such university on 234
the campus provided in accordance with sections 3355.01 to 235
3355.14 of the Revised Code. Except as provided in section 236
SECTIONS 3333.17 AND 3333.32 of the Revised Code, the contract 238
shall establish schedules of fees and tuition for: students who 240
are residents of the district; residents of Ohio but not of the 241
district; and students who are nonresidents of Ohio. Students 242
who are nonresidents of Ohio shall be required to pay higher 243
rates of fees and tuition than the rates required of students who 244
are residents of Ohio but not of the district, and students who 245
are residents of the district shall pay A smaller tuition and fee 246
rate than the rate for either category of nonresident students. 247
(B) Hold, encumber, control, acquire by donation, 249
purchase, or condemnation, construct, own, lease, use, and sell 250
real and personal property as is necessary for the creation and 251
maintenance of the university branch campus, on whatever terms 252
and for whatever consideration may be appropriate for the 253
purposes of the facility; 254
(C) Accept gifts, grants, bequests, and devises absolutely 256
or in trust for support of the university branch campus during 257
the existence of said branch; 258
(D) Receive an appropriation from any municipality or 260
county that is a part of the university branch district for the 261
purpose of providing funds for support of the university branch 262
campus; 263
(E) Receive and expend gifts or grants from the state for 265
the payment of operating costs, for the acquisition, 266
construction, or improvement of buildings or other structures, or 267
for the acquisition or use of land. 268
(F) Prescribe rules for the effective operation of a 270
university branch district college and exercise such other powers 271
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as are necessary for the efficient management of such university 272
and are not in conflict with any contract entered into under 273
division (A) of this section. 274
Sec. 3357.09. The board of trustees of a technical college 283
district may: 284
(A) Own and operate a technical college, pursuant to an 286
official plan prepared and approved in accordance with section 287
3357.07 of the Revised Code; 288
(B) Hold, encumber, control, acquire by donation, 290
purchase, or condemnation, construct, own, lease, use, and sell, 291
real and personal property as necessary for the conduct of the 292
program of the technical college on whatever terms and for 293
whatever consideration may be appropriate for the purposes of the 294
institution; 295
(C) Accept gifts, grants, bequests, and devises absolutely 297
or in trust for support of the technical college; 298
(D) Appoint the president, faculty, and such other 300
employees as necessary and proper for such technical college, and 301
fix their compensation; 302
(E) Provide for a technical college necessary lands, 304
buildings or other structures, equipment, means, and appliances; 305
(F) Develop and adopt, pursuant to the official plan, any 307
one or more of the curricular programs identified in section 308
3357.01 of the Revised Code as technical-college programs, or 309
adult-education technical programs; 310
(G) Except as provided in section SECTIONS 3333.17 AND 312
3333.32 of the Revised Code, establish schedules of fees and 314
tuition for: students who are residents of the district; 315
students who are residents of Ohio but not of the district; 316
students who are nonresidents of Ohio. The establishment of 317
rules governing the determination of residence shall be subject 318
to approval of the Ohio board of regents. Students who are 319
nonresidents of Ohio shall be required to pay higher rates of 320
fees and tuition than the rates required of students who are 321
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residents of Ohio but not of the district, and students who are 322
residents of the district shall pay smaller tuition and fee rates 323
than the rates for either of the above categories of nonresident 324
students, except that students who are residents of Ohio but not 325
of the district shall be required to pay higher fees and tuition 326
than students who are residents of the district only when a 327
district tax levy has been adopted and is in effect under the 328
authority of section 3357.11, 5705.19, or 5705.191 of the Revised 329
Code.
(H) Authorize, approve, ratify, or confirm, with approval 331
of the Ohio board of regents, any agreement with the United 332
States government, acting through any agency designated to aid in 333
the financing of technical college projects, or with any person, 334
organization, or agency offering grants-in-aid for technical 335
college facilities or operation; 336
(I) Receive assistance for the cost of equipment and for 338
the operation of such technical colleges from moneys appropriated 339
for technical education or for matching of Title VIII of the 340
"National Defense Education Act," 72 Stat. 1597 (1958), 20 341
U.S.C.A. 15a-15e. Moneys shall be distributed by the Ohio board 342
of regents in accordance with rules which the board shall 343
establish governing its allocations to technical colleges 344
chartered under section 3357.07 of the Revised Code. 345
(J) Grant appropriate associate degrees to students 347
successfully completing the technical college programs and 348
certificates of achievement to those students who complete other 349
programs; 350
(K) Prescribe rules for the effective operation of a 352
technical college, and exercise such other powers as are 353
necessary for the efficient management of such college; 354
(L) Enter into contracts and conduct technical college 356
programs or technical courses outside the technical college 357
district; 358
(M) Enter into contracts with the board of education of 360
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any local, exempted village, or city school district or the 362
governing board of any educational service center to permit the
school district or service center to use the facilities of the 363
technical college district; 364
(N) Designate one or more employees of the institution as 366
state university law enforcement officers, to serve and have 367
duties as prescribed in section 3345.04 of the Revised Code; 368
(O) Subject to the approval of the Ohio board of regents, 370
offer technical college programs or technical courses for credit 371
at locations outside the technical college district. For 372
purposes of computing state aid, students enrolled in such 373
courses shall be deemed to be students enrolled in programs and 374
courses at off-campus locations in the district. 375
(P) Purchase a policy or policies of liability insurance 377
from an insurer or insurers licensed to do business in this state 378
insuring its members, officers, and employees against all civil 379
liability arising from an act or omission by the member, officer, 380
or employee, when the member, officer, or employee is not acting 381
manifestly outside the scope of his THE MEMBER'S, OFFICER'S, OR 382
EMPLOYEE'S employment or official responsibilities with the 384
institution, with malicious purpose or bad faith, or in a wanton 385
or reckless manner, or may otherwise provide for the 386
indemnification of such persons against such liability. All or 387
any portion of the cost, premium, or charge for such a policy or 388
policies or indemnification payment may be paid from any funds 389
under the institution's control. The policy or policies of 390
liability insurance or the indemnification policy of the 391
institution may cover any risks including, but not limited to, 392
damages resulting from injury to property or person, professional 393
liability, and other special risks, including legal fees and 394
expenses incurred in the defense or settlement of claims for such 395
damages.
Section 2. That existing sections 3345.01, 3354.09, 397
3355.06, and 3357.09 of the Revised Code are hereby repealed. 398
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Section 3. That Section 99.01 of Am. Sub. H.B. 215 of the 400
122nd General Assembly be amended to read as follows: 401
"Sec. 99.01. Instructional Subsidy Formula 403
As soon as practicable during each fiscal year of the 405
1997-1999 biennium in accordance with instructions of the Ohio 406
Board of Regents, each state-assisted institution of higher 407
education shall report its actual enrollment to the Ohio Board of 408
Regents. 409
The Ohio Board of Regents shall establish procedures 411
required by the system of formulas set out below and for the 412
assignment of individual institutions to categories described in 413
the formulas. The system of formulas establishes the manner in 414
which aggregate expenditure requirements shall be determined for 415
each of the three components of institutional operations. In 416
addition to other adjustments and calculations described below, 417
the subsidy entitlement of an institution shall be determined by 418
subtracting from the institution's aggregate expenditure 419
requirements income to be derived from the local contributions 420
assumed in calculating the subsidy entitlements. The local 421
contributions for purposes of determining subsidy support shall 422
not limit the authority of the individual boards of trustees to 423
establish fee levels. 424
The General Studies and Technical models shall be adjusted 426
by the Board of Regents so that the share of state subsidy earned 427
by those models is not altered by changes in the overall local 428
share. A lower-division fee differential shall be used to 429
maintain the relationship that would have occurred between these 430
models and the Baccalaureate models had an assumed share of 37 431
per cent been funded. 432
In defining the number of full-time equivalent students for 434
state subsidy purposes, the Ohio Board of Regents shall exclude 435
all undergraduate students who are not residents of Ohio, except 436
those charged in-state fees in accordance with reciprocity 437
agreements made pursuant to section 3333.17 OR EMPLOYER CONTRACTS 438
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ENTERED INTO PURSUANT TO SECTION 3333.32 of the Revised Code. 439
(A) Aggregate Expenditure Per Full-Time Equivalent Student 441
(1) Instruction and Support Services 443
Model FY 1998 FY 1999 448
General Studies I $ 3,468 $ 3,598 450
General Studies II $ 3,689 $ 3,827 452
General Studies III $ 4,844 $ 5,026 454
Technical I $ 4,248 $ 4,407 456
Technical III $ 7,436 $ 7,715 458
Baccalaureate I $ 5,787 $ 6,004 460
Baccalaureate II $ 6,751 $ 7,004 462
Baccalaureate III $ 9,887 $ 10,258 464
Masters and Professional I $ 10,889 $ 11,297 466
Masters and Professional II $ 15,901 $ 16,497 468
Masters and Professional III $ 21,904 $ 22,725 470
Doctoral I $ 18,629 $ 19,328 472
Doctoral II $ 23,436 $ 24,315 474
Medical I $ 25,821 $ 26,789 476
Medical II $ 35,968 $ 37,317 478
(2) Student Services 481
For this purpose full-time equivalent counts shall be 483
weighted to reflect differences among institutions in the numbers 484
of students enrolled on a part-time basis. 485
FY 1998 FY 1999 487
All Expenditure Models $ 501 $ 520 488
(B) Plant Operation and Maintenance (POM) 490
(1) Determination of the Square-Foot Based POM Subsidy 492
Space undergoing renovation shall be funded at the rate 494
allowed for storage space; 495
In the calculation of square footage for each campus, 497
square footage shall be weighted to reflect differences in space 498
utilization;
The space inventories for each campus shall be those 500
determined in the fiscal year 1997 instructional subsidy, 501
12
adjusted for changes attributable to the construction or 502
renovation of facilities for which state appropriations were made 503
or local commitments were made prior to January 1, 1995;
Only fifty per cent of the space permanently taken out of 505
operation in fiscal year 1998 or fiscal year 1999 that is not 506
otherwise replaced by a campus shall be deleted from the fiscal 508
year 1997 inventory.
The square-foot based plant operation and maintenance 510
subsidy for each campus shall be determined as follows: 511
(a) For each standard room type category shown below, the 513
subsidy-eligible net assignable square feet (NASF) for each 514
campus shall be multiplied by the following rates, and the 515
amounts summed for each campus to determine the total gross 516
square-foot based POM expenditure requirement:
FY 1998 FY 1999 519
Classrooms $4.85 $5.03 520
Laboratories $6.04 $6.27 521
Offices $4.85 $5.03 522
Audio Visual Data Processing $6.04 $6.27 523
Storage $2.15 $2.23 524
Circulation $6.12 $6.35 525
Other $4.85 $5.03 526
(b) The total gross square-foot POM expenditure 528
requirement shall be allocated to models in proportion to 529
full-time equivalent (FTE) enrollments as reported in enrollment 530
data.
(c) The amounts allocated to models in (B)(1)(b) above 532
shall be multiplied by the ratio of subsidy-eligible FTE students 533
to total FTE students reported in each model, and the amounts 535
summed for all models. To this total amount shall be added an 536
amount to support roads and grounds expenditures to produce the 537
total square-foot based POM subsidy.
(2) Determination of the Activity-Based POM Subsidy 539
(a) The number of subsidy-eligible FTE students in each 541
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model shall be multiplied by the following rates for each campus 542
for each fiscal year.
FY 1998 FY 1999 545
General Studies I $ 469 $ 487 547
General Studies II $ 522 $ 542 549
General Studies III $1,208 $1,253 551
Technical I $ 536 $ 556 553
Technical II $1,044 $1,083 555
Baccalaureate I $ 604 $ 627 557
Baccalaureate II $ 990 $1,027 559
Baccalaureate III $1,502 $1,558 561
Masters & Professional I $ 934 $ 969 563
Masters & Professional II $1,540 $1,598 565
Masters & Professional III $2,527 $2,622 567
Doctoral I $1,425 $1,478 569
Doctoral II $2,308 $2,395 571
Medical I $2,214 $2,297 573
Medical II $3,415 $3,543 575
(b) The sum of the products for each campus determined in 578
(B)(2)(a) for each fiscal year shall be weighted by a factor to 579
reflect sponsored research activity and job-training related 580
public services expenditures to determine the total 581
activity-based POM subsidy.
(C) Calculation of Core Subsidy Entitlements and 583
Adjustments 584
(1) Calculation of Core Subsidy Entitlements 586
The calculation of the core subsidy entitlement shall 588
consist of the following components: 589
(a) For each campus and for each fiscal year, the core 591
subsidy entitlement shall be determined by multiplying the 592
amounts listed above in divisions (A)(1) and (2) and (B)(2) less 594
assumed local contributions, by (i) average subsidy-eligible 595
full-time equivalents for the two-year period ending in the prior 596
year; and (ii) average subsidy-eligible full-time equivalents for 597
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the five-year period ending in the prior year. 598
(b) In calculating the core subsidy entitlements for 600
Medical II models only, the board shall use the following count 601
of full-time equivalent students in place of the two-year average 602
and five-year average of subsidy-eligible students. 604
(i) For those medical schools whose current year 606
enrollment is below the base enrollment, the Medical II full-time 607
equivalent enrollment shall equal: 65 per cent of the base 608
enrollment plus 35 per cent of the current year enrollment, where 609
the base enrollment is: 610
Ohio State University 1010 612
University of Cincinnati 833 613
Medical College of Ohio at 614
Toledo 650
Wright State University 433 615
Ohio University 433 616
Northeastern Ohio Universities 617
College of Medicine 433
(ii) For those medical schools whose current year 620
enrollment is equal to or greater than the base enrollment, the 621
Medical II full-time equivalent enrollment shall equal the 622
current enrollment. 623
(c) For all FTE-based subsidy calculations involving 625
all-terms FTE data, FTE-based allowances shall be converted from 626
annualized to annual rates to ensure equity and consistency of 628
subsidy determination.
(d) The Board of Regents shall compute the sum of the two 631
calculations listed in division (C)(1)(a) above and use the
greater sum as the core subsidy entitlement. 632
The POM subsidy for each campus shall equal the greater of 634
the square-foot-based subsidy or the activity-based POM subsidy 635
component of the core subsidy entitlement, except that the total 636
activity-based POM subsidy shall not exceed 133.1% of the 637
square-foot based POM subsidy in fiscal year 1998 and shall not 639
15
exceed 146.4% of the square-foot-based subsidy in fiscal year 640
1999.
(2) Fiscal Year 1993 Adjustment 642
In order to provide an orderly phase-in of a simplified 644
instructional subsidy formula, the Board of Regents shall 645
calculate a fiscal year 1993 guarantee for each campus. The 646
board shall calculate the amount of protected or buffered subsidy 647
distributed to each campus in fiscal year 1993, less amounts for 648
plant operation and maintenance and Academic Challenge. 649
In fiscal year 1998, for each campus for which the board 651
calculates protected subsidy was distributed in fiscal year 1993, 652
an adjustment shall be added to the core subsidy entitlement 653
which shall consist of the following: the estimated amount of 654
the protected fiscal year 1993 subsidy less the greater of 7.5 655
per cent of the actual fiscal year 1993 subsidy (less plant 656
operation and maintenance and Academic Challenge) or 657
five-sevenths of the protected fiscal year 1993 subsidy. If the 658
deducted amount exceeds the amount of the protected fiscal year 659
1993 subsidy, the adjustment shall be zero. 660
In fiscal year 1999, the deducted proportions shall 662
increase arithmetically, to 9.0 per cent or six-sevenths and so 663
on until the year 2000, or until the fiscal year 1993 guarantee 665
is eliminated.
(3) Annual Hold Harmless Provision 667
In addition to and after the other adjustments noted above, 669
in fiscal year 1998 each campus shall have its subsidy adjusted 670
to the extent necessary to provide an amount that is not less 671
than one hundred three per cent of the instructional subsidy 672
received by the campus in fiscal year 1997. In fiscal year 1999 673
each campus shall have its subsidy adjusted to the extent 674
necessary to provide an amount that is not less than one hundred 675
one per cent of the instructional subsidy received by the campus 676
in fiscal year 1998.
(4) Capital Component Deduction 678
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After all other adjustments have been made, instructional 680
subsidy earnings shall be reduced for each campus by the amount, 681
if any, by which debt service charged in Am. H.B. 748 of the 682
121st General Assembly for that campus exceeds that campus' 683
capital component earnings.
(D) Reductions in Earnings 685
If total systemwide instructional subsidy earnings in any 687
fiscal year exceed total appropriations available for such 688
purposes, the Board of Regents shall proportionately reduce the 689
instructional subsidy earnings for all campuses by a uniform 690
percentage so that the systemwide sum equals available 691
appropriations.
(E) Exceptional Circumstances 693
Adjustments may be made to instructional subsidy payments 695
and other subsidies distributed by the Ohio Board of Regents to 696
state-assisted colleges and universities for exceptional 697
circumstances. No adjustments for exceptional circumstances may 698
be made without the recommendation of the Chancellor and the 699
approval of the Controlling Board. 700
Distribution of Instructional Subsidy 702
The instructional subsidy payments to the institutions 704
shall be in substantially equal monthly amounts during the fiscal 705
year, unless otherwise determined by the Director of Budget and 706
Management pursuant to the provisions of section 126.09 of the 707
Revised Code. Payments during the first six months of the fiscal 708
year shall be based upon the instructional subsidy appropriation 709
estimates made for the various institutions of higher education 710
according to the Ohio Board of Regents enrollment estimates. 711
Payments during the last six months of the fiscal year shall be 712
distributed after approval of the Controlling Board upon the 713
request of the Ohio Board of Regents. 714
Law School Subsidy 716
The instructional subsidy to state supported universities 718
for students enrolled in law schools in fiscal year 1998 and 719
17
fiscal year 1999 shall be calculated by using the number of 720
subsidy eligible full-time equivalent law school students funded 721
by state subsidy in fiscal year 1995 or the actual number of 722
subsidy eligible full-time equivalent law school students at the
institution in the fiscal year, whichever is less. 723
Limitations on State Subsidies for Doctoral Students 725
The Ohio Board of Regents is authorized to limit the number 727
of subsidy-eligible full-time equivalent (FTE) doctoral students 728
at all state-assisted universities in fiscal year 1998 and fiscal 729
year 1999. The limitation shall be established by university and 730
by doctoral subsidy level. In establishing the caps, the Board 731
of Regents shall consider:
(1) Recent and historical trends in subsidy-eligible 733
doctoral enrollments;
(2) Recommendations related to the Regents' review of 735
doctoral programs;
(3) Contributions that doctoral education and research 737
make to the economy and well-being of regions and the state." 738
Section 4. That existing Section 99.01 of Am. Sub. H.B. 740
215 of the 122nd General Assembly is hereby repealed. 741