REPRESENTATIVES Callender, DeWine, Hartnett, Carano, Flannery, Hoops, Calvert, Setzer, Reinhard, Reidelbach, Schmidt, Coates, Sykes, Otterman, Cirelli, Perry, Niehaus, Hagan, Schneider, Seaver, Flowers, DePiero, Jones, Webster, Distel, Allen, R. Miller, Kearns, S. Smith, Beatty, Woodard, Key, Barrett, Fedor, Gilb, Barnes

To amend sections 1713.02, 1713.03, 3332.02, 3333.042,

1

3333.043, 3333.12, 3333.18, 3333.21, 3333.26,

2

3333.29, 3333.37, 3365.01, 3366.01, 5107.58,

3

5910.04, and 5919.34 and to enact section 3333.046

4

of the Revised Code to exempt from regulation by

5

the State Board of Proprietary School Registration

6

any accredited institution operated by a for-profit

7

corporation that grants on the effective date of

8

this act baccalaureate and master's degrees

9

approved by the Board of Regents.

10

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section 1. That sections 1713.02, 1713.03, 3332.02, 3333.042,	11
3333.043, 3333.12, 3333.18, 3333.21, 3333.26, 3333.29, 3333.37,	12
3365.01, 3366.01, 5107.58, 5910.04, and 5919.34 be amended and	13
that section 3333.046 of the Revised Code be enacted to read as	14
follows:	15

Sec. 1713.02.  (A) Any institution described in division (A)	16
of section 1713.01 of the Revised Code may become incorporated	17
under sections 1702.01 to 1702.58 of the Revised Code.	18

(B) Except as provided in division (E) of this section, no	19
nonprofit institution or corporation of the type described in	20
division (A) of section 1713.01 of the Revised Code that is	21
established after October 13, 1967, may confer degrees, diplomas,	22
or other written evidences of proficiency or achievement, until it	23
has received a certificate of authorization issued by the Ohio	24
board of regents, nor shall any such institution or corporation	25
identify itself as a "college" or "university" unless it has	26
received a certificate of authorization from the board.	27

(C) Except as provided in division (E) of this section, no	28
institution of the type described in division (A)(3) or (B) of	29
section 1713.01 of the Revised Code that intends to offer or	30
offers a course or courses within this state, but that did not	31
offer a course or courses within this state on or before October	32
13, 1967, may confer degrees, diplomas, or other written evidences	33
of proficiency or achievement or offer any course or courses	34
within this state until it has received a certificate of	35
authorization from the Ohio board of regents, nor shall the	36
institution identify itself as a "college" or "university" unless	37
it has received such a certificate from the board.	38

(D) Each certificate of authorization shall specify the	39
diplomas or degrees authorized to be given, courses authorized to	40
be offered, and the sites at which courses are to be conducted. A	41
copy of such certificate shall be filed with the secretary of	42
state if the institution is incorporated. Any institution or	43
corporation established or that offered a course or courses of	44
instruction in this state prior to October 13, 1967, may apply to	45
the board for a certificate of authorization, and the board shall	46
issue a certificate if it finds that such institution or	47
corporation meets the requirements established pursuant to	48
sections 1713.01, 1713.02, 1713.03, 1713.04, 1713.06, 1713.09, and	49
1713.25 of the Revised Code.	50

(E) An institution that clearly identifies itself in its	51
name with the phrase "bible college" or "bible institute" and has	52
not received a certificate of authorization may confer diplomas	53
and other written evidences of proficiency or achievement other	54
than associate, baccalaureate, master's, and doctoral degrees or	55
any other type of degree and may identify itself as a "bible	56
college" if such institution:	57

(1) Prominently discloses on any transcripts, diplomas, or	58
other written evidences of proficiency or achievement, and	59
includes with any promotional material or other literature	60
intended for the public, the statement: "this institution is not	61
certified by the board of regents or the state of Ohio."	62

(2) Limits its course of instruction to religion, theology,	63
or preparation for a religious vocation, or is operated by a	64
church or religious organization and limits its instruction to	65
preparation for service to churches or other religious	66
organizations.	67

(3) Confers only diplomas and other written evidences of	68
proficiency or achievement that bear titles clearly signifying the	69
religious nature of the instruction offered by the institution.	70

(F) NoExcept as otherwise provided in section 3333.046 of	71
the Revised Code, no school of the type described in division (E)	72
of section 3332.01 of the Revised Code that intends to offer or	73
offers a degree program within this state or solicits students	74
within this state may confer a baccalaureate, master's, or	75
doctoral degree or solicit students for such degree programs until	76
it has received both a certificate of authorization from the board	77
of regents under this chapter and program authorization from the	78
state board of proprietary school registration for such degree	79
program under section 3332.05 of the Revised Code.	80

Sec. 1713.03.  The Ohio board of regents shall establish	81
standards for certificates of authorization to be issued to	82
institutions as defined in section 1713.01 of the Revised Code, to	83
private institutions exempt from regulation under Chapter 3332. of	84
the Revised Code as prescribed in section 3333.046 of the Revised	85
Code, and to schools holding certificates of registration issued	86
by the state board of proprietary school registration pursuant to	87
division (C) of section 3332.05 (C) of the Revised Code. A	88
certificate of authorization may permit an institution or school	89
to award one or more types of degrees.	90

The standards for a certificate of authorization may include,	91
for various types of institutions, schools, or degrees, minimum	92
qualifications for faculty, library, laboratories, and other	93
facilities as adopted and published by the Ohio board of regents.	94
The standards shall be adopted by the board pursuant to Chapter	95
119. of the Revised Code.	96

An institution or school shall apply to the board for a	97
certificate of authorization on forms containing such information	98
as is prescribed by the board. Each institution or school with a	99
certificate of authorization shall file an annual report with the	100
board in such form and containing such information as the board	101
prescribes.	102

Sec. 3332.02.  This chapter does not apply to the following	103
categories of courses, schools, or colleges:	104

(A) Tuition-free courses or schools conducted by employers	105
exclusively for their own employees;	106

(B) Nonprofit institutions with certificates of	107
authorization issued pursuant to section 1713.02 of the Revised	108
Code or that are nonprofit institutions exempted from the	109
requirement to obtain a certificate by division (E) of that	110
section;	111

(C) Schools, colleges, technical colleges, or universities	112
established by law or chartered by the Ohio board of regents;	113

(D) Courses of instruction required by law to be approved or	114
licensed, or given by institutions approved or licensed, by a	115
state board or agency other than the state board of school and	116
college registration, except that a school so approved or licensed	117
may apply to the state board of proprietary school registration	118
for a certificate of registration to be issued in accordance with	119
this chapter;	120

(E) Schools for which minimum standards are prescribed by	121
the state board of education pursuant to division (D) of section	122
3301.07 of the Revised Code;	123

(F) Courses of instruction conducted by a public school	124
district or a combination of public school districts;	125

(G) Courses of instruction conducted outside the United	126
States;	127

(H) Private institutions exempt from regulation under this	128
chapter as prescribed in section 3333.046 of the Revised Code.	129

Sec. 3333.042.  The Ohio board of regents may grant money to	130
a nonprofit entity that provides a statewide resource for	131
aerospace research, education, and technology, so long as the	132
nonprofit entity makes its resources accessible to state colleges	133
and universities and to agencies of this and other states and the	134
United States. The board, by rule adopted in accordance with	135
Chapter 119. of the Revised Code, shall establish procedures and	136
forms whereby nonprofit entities may apply for grants; standards	137
and procedures for reviewing applications for and awarding grants;	138
procedures for distributing grants to recipients; procedures for	139
monitoring the use of grants by recipients; requirements,	140
procedures, and forms whereby grant recipients shall report upon	141
their use of grants; and standards and procedures for terminating	142
and requiring repayment of grants in the event of their improper	143
use.	144

A state college or university or a private institution exempt	145
from regulation under Chapter 3332. of the Revised Code as	146
prescribed in section 3333.046 of the Revised Code and any agency	147
of state government may provide assistance, in any form, to any	148
nonprofit entity that receives a grant under this section. Such	149
assistance shall be solely for the purpose of assisting the	150
nonprofit entity in making proper use of the grant.	151

A nonprofit entity that expends a grant under this section	152
for a capital project is not thereby subject to Chapter 123. or	153
153. of the Revised Code. An officer or employee of, or a person	154
who serves on a governing or advisory board or committee of, a	155
nonprofit entity that receives a grant under this section is not	156
thereby an officer or employee of a state college or university or	157
of the state. An officer or employee of a state college or	158
university or of the state who is assigned to assist a nonprofit	159
entity in making proper use of a grant does not, to the extent he	160
the officer or employee provides such assistance, thereby hold an	161
incompatible office or employment, or have a direct or indirect	162
interest in a contract or expenditure of the entity.	163

Sec. 3333.043.  (A) As used in this section:

164

(1) "Institution of higher education" means the state	165
universities listed in section 3345.011 of the Revised Code,	166
municipal educational institutions established under Chapter 3349.	167
of the Revised Code, community colleges established under Chapter	168
3354. of the Revised Code, university branches established under	169
Chapter 3355. of the Revised Code, technical colleges established	170
under Chapter 3357. of the Revised Code, state community colleges	171
established under Chapter 3358. of the Revised Code, any	172
institution of higher education with a certificate of registration	173
from the state board of proprietary school registration, and any	174
institution for which the Ohio board of regents receives a notice	175
pursuant to division (C) of this section.	176

(2) "Community service" has the same meaning as in section	177
3313.605 of the Revised Code.	178

(B)(1) The board of trustees or other governing entity of	179
each institution of higher education shall encourage and promote	180
participation of students in community service through a program	181
appropriate to the mission, student population, and environment of	182
each institution. The program may include, but not be limited to,	183
providing information about community service opportunities during	184
student orientation or in student publications; providing awards	185
for exemplary community service; encouraging faculty members to	186
incorporate community service into students' academic experiences	187
wherever appropriate to the curriculum; encouraging recognized	188
student organizations to undertake community service projects as	189
part of their purposes; and establishing advisory committees of	190
students, faculty members, and community and business leaders to	191
develop cooperative programs that benefit the community and	192
enhance student experience. The program shall be flexible in	193
design so as to permit participation by the greatest possible	194
number of students, including part-time students and students for	195
whom participation may be difficult due to financial, academic,	196
personal, or other considerations. The program shall emphasize	197
community service opportunities that can most effectively use the	198
skills of students, such as tutoring or literacy programs. The	199
programs shall encourage students to perform services that will	200
not supplant the hiring of, result in the displacement of, or	201
impair any existing employment contracts of any particular	202
employee of any private or governmental entity for which services	203
are performed.	204

(2) The Ohio board of regents shall encourage all	205
institutions of higher education in the development of community	206
service programs. With the assistance of the Ohio community	207
service council created in section 121.40 of the Revised Code,	208
the board of regents shall make available information about higher	209
education community service programs to institutions of higher	210
education and to statewide organizations involved with or	211
promoting volunteerism, including information about model	212
community service programs, teacher training courses, and	213
community service curricula and teaching materials for possible	214
use by institutions of higher education in their programs. The	215
board shall encourage institutions of higher education to jointly	216
coordinate higher education community service programs through	217
consortia of institutions or other appropriate means of	218
coordination.	219

(C) The board of trustees of any nonprofit institution with	220
a certificate of authorization issued by the Ohio board of regents	221
pursuant to Chapter 1713. of the Revised Code or the governing	222
authority of a private institution exempt from regulation under	223
Chapter 3332. of the Revised Code as prescribed in section	224
3333.046 of the Revised Code may notify the board of regents that	225
it is making itself subject to divisions (A) and (B) of this	226
section. Upon receipt of such a notice, these divisions shall	227
apply to that institution.	228

Sec. 3333.046. Any institution authorized to grant on the	229
effective date of this section baccalaureate or master's degrees,	230
for which the board of regents has issued certificates of	231
authorization under Chapter 1713. of the Revised Code; that is	232
accredited by the appropriate regional and, when appropriate,	233
professional accrediting associations within whose jurisdiction it	234
falls; and that is operated by a for-profit corporation shall	235
cease to be subject to any regulation under Chapter 3332. of the	236
Revised Code but shall continue to be subject to the provisions	237
for approval of degree programs set forth in Chapter 1713. of the	238
Revised Code, including approval of any additional associate,	239
baccalaureate, or master's degree programs offered by the	240
institution.	241

Sec. 3333.12.  (A) As used in this section:

242

(1) "Eligible student" means an undergraduate student who is:

243

(a) An Ohio resident;

244

(b) Enrolled in either of the following:

245

(i) An accredited institution of higher education in this	246
state that meets the requirements of Title VI of the Civil Rights	247
Act of 1964 and is state-assisted, is nonprofit and has a	248
certificate of authorization from the Ohio board of regents	249
pursuant to Chapter 1713. of the Revised Code, or has a	250
certificate of registration from the state board of proprietary	251
school registration and program authorization to award an	252
associate or bachelor's degree, or is a private institution exempt	253
from regulation under Chapter 3332. of the Revised Code as	254
prescribed in section 3333.046 of the Revised Code. Students who	255
attend an institution that holds a certificate of registration	256
shall be enrolled in a program leading to an associate or	257
bachelor's degree for which associate or bachelor's degree program	258
the institution has program authorization issued under section	259
3332.05 of the Revised Code.	260

(ii) A technical education program of at least two years	261
duration sponsored by a private institution of higher education in	262
this state that meets the requirements of Title VI of the Civil	263
Rights Act of 1964.	264

(c) Enrolled as a full-time student or enrolled as a less	265
than full-time student for the term expected to be the student's	266
final term of enrollment and is enrolled for the number of credit	267
hours necessary to complete the requirements of the program in	268
which the student is enrolled.	269

(2) "Gross income" includes all taxable and nontaxable income	270
of the parents, the student, and the student's spouse, except	271
income derived from an Ohio academic scholarship, income earned by	272
the student between the last day of the spring term and the first	273
day of the fall term, and other income exclusions designated by	274
the board. Gross income may be verified to the board by the	275
institution in which the student is enrolled using the federal	276
financial aid eligibility verification process or by other means	277
satisfactory to the board.	278

(3) "Resident," "full-time student," "dependent,"	279
"financially independent," and "accredited" shall be defined by	280
rules adopted by the board.	281

(B) The Ohio board of regents shall establish and administer	282
an instructional grant program and may adopt rules to carry out	283
this section. The general assembly shall support the	284
instructional grant program by such sums and in such manner as it	285
may provide, but the board may also receive funds from other	286
sources to support the program. If the amounts available for	287
support of the program are inadequate to provide grants to all	288
eligible students, preference in the payment of grants shall be	289
given in terms of income, beginning with the lowest income	290
category of gross income and proceeding upward by category to the	291
highest gross income category.	292

An instructional grant shall be paid to an eligible student	293
through the institution in which the student is enrolled, except	294
that no instructional grant shall be paid to any person serving a	295
term of imprisonment. Applications for such grants shall be made	296
as prescribed by the board, and such applications may be made in	297
conjunction with and upon the basis of information provided in	298
conjunction with student assistance programs funded by agencies of	299
the United States government or from financial resources of the	300
institution of higher education. The institution shall certify	301
that the student applicant meets the requirements set forth in	302
divisions (A)(1)(b) and (c) of this section. Instructional grants	303
shall be provided to an eligible student only as long as the	304
student is making appropriate progress toward a nursing diploma or	305
an associate or bachelor's degree. No student shall be eligible	306
to receive a grant for more than ten semesters, fifteen quarters,	307
or the equivalent of five academic years. A grant made to an	308
eligible student on the basis of less than full-time enrollment	309
shall be based on the number of credit hours for which the student	310
is enrolled and shall be computed in accordance with a formula	311
adopted by the board. No student shall receive more than one	312
grant on the basis of less than full-time enrollment.	313

An instructional grant shall not exceed the total	314
instructional and general charges of the institution.	315

(C) The tables in this division prescribe the maximum grant	316
amounts covering two semesters, three quarters, or a comparable	317
portion of one academic year. Grant amounts for additional terms	318
in the same academic year shall be determined under division (D)	319
of this section.	320

For a full-time student who is a dependent and enrolled in a	321
nonprofit educational institution that is not a state-assisted	322
institution and that has a certificate of authorization issued	323
pursuant to Chapter 1713. of the Revised Code, the amount of the	324
instructional grant for two semesters, three quarters, or a	325
comparable portion of the academic year shall be determined in	326
accordance with the following table:	327

Private Institution

329

Table of Grants

330

For a full-time student who is financially independent and	351
enrolled in a nonprofit educational institution that is not a	352
state-assisted institution and that has a certificate of	353
authorization issued pursuant to Chapter 1713. of the Revised	354
Code, the amount of the instructional grant for two semesters,	355
three quarters, or a comparable portion of the academic year shall	356
be determined in accordance with the following table:	357

Private Institution

359

Table of Grants

360

For a full-time student who is a dependent and enrolled in an	382
educational institution that holds a certificate of registration	383
from the state board of proprietary school registration or a	384
private institution exempt from regulation under Chapter 3332. of	385
the Revised Code as prescribed in section 3333.046 of the Revised	386
Code, the amount of the instructional grant for two semesters,	387
three quarters, or a comparable portion of the academic year shall	388
be determined in accordance with the following table:	389

Proprietary Institution

390

Table of Grants

391

For a full-time student who is financially independent and	412
enrolled in an educational institution that holds a certificate of	413
registration from the state board of proprietary school	414
registration or a private institution exempt from regulation under	415
Chapter 3332. of the Revised Code as prescribed in section	416
3333.046 of the Revised Code, the amount of the instructional	417
grant for two semesters, three quarters, or a comparable portion	418
of the academic year shall be determined in accordance with the	419
following table:	420

Proprietary Institution

421

Table of Grants

422

For a full-time student who is a dependent and enrolled in a	444
state-assisted educational institution, the amount of the	445
instructional grant for two semesters, three quarters, or a	446
comparable portion of the academic year shall be determined in	447
accordance with the following table:	448

Public Institution

449

Table of Grants

450

For a full-time student who is financially independent and	471
enrolled in a state-assisted educational institution, the amount	472
of the instructional grant for two semesters, three quarters, or a	473
comparable portion of the academic year shall be determined in	474
accordance with the following table:	475

Public Institution

476

Table of Grants

477

(D) For a full-time student enrolled in an eligible	499
institution for a semester or quarter in addition to the portion	500
of the academic year covered by a grant determined under division	501
(C) of this section, the maximum grant amount shall be a	502
percentage of the maximum prescribed in the applicable table of	503
that division. The maximum grant for a fourth quarter shall be	504
one-third of the maximum amount prescribed under that division.	505
The maximum grant for a third semester shall be one-half of the	506
maximum amount prescribed under that division.	507

(E) No grant shall be made to any student in a course of	508
study in theology, religion, or other field of preparation for a	509
religious profession unless such course of study leads to an	510
accredited bachelor of arts, bachelor of science, associate of	511
arts, or associate of science degree.	512

(F)(1) Except as provided in division (F)(2) of this	513
section, no grant shall be made to any student for enrollment	514
during a fiscal year in an institution with a cohort default rate	515
determined by the United States secretary of education pursuant to	516
the "Higher Education Amendments of 1986," 100 Stat. 1278, 1408,	517
20 U.S.C.A. 1085, as amended, as of the fifteenth day of June	518
preceding the fiscal year, equal to or greater than thirty per	519
cent for each of the preceding two fiscal years.	520

(2) Division (F)(1) of this section does not apply to the	521
following:	522

(a) Any student enrolled in an institution that under the	523
federal law appeals its loss of eligibility for federal financial	524
aid and the United States secretary of education determines its	525
cohort default rate after recalculation is lower than the rate	526
specified in division (F)(1) of this section or the secretary	527
determines due to mitigating circumstances the institution may	528
continue to participate in federal financial aid programs. The	529
board shall adopt rules requiring institutions to provide	530
information regarding an appeal to the board.	531

(b) Any student who has previously received a grant under	532
this section who meets all other requirements of this section.	533

(3) The board shall adopt rules for the notification of all	534
institutions whose students will be ineligible to participate in	535
the grant program pursuant to division (F)(1) of this section.	536

(4) A student's attendance at an institution whose students	537
lose eligibility for grants under division (F)(1) of this section	538
shall not affect that student's eligibility to receive a grant	539
when enrolled in another institution.	540

(G) Institutions of higher education that enroll students	541
receiving instructional grants under this section shall report to	542
the board all students who have received instructional grants but	543
are no longer eligible for all or part of such grants and shall	544
refund any moneys due the state within thirty days after the	545
beginning of the quarter or term immediately following the quarter	546
or term in which the student was no longer eligible to receive all	547
or part of the student's grant. There shall be an interest charge	548
of one per cent per month on all moneys due and payable after such	549
thirty-day period. The board shall immediately notify the office	550
of budget and management and the legislative budget office of the	551
legislative service commission of all refunds so received.	552

Sec. 3333.18.  The Ohio board of regents may enter into	553
contracts with the appropriate agency in a contiguous state	554
whereby financial aids from the funds of each state may be used by	555
qualified student recipients to attend approved post-secondary	556
educational institutions in the other state. Approved	557
institutions in Ohio are those that are state-assisted or are	558
nonprofit and have received certificates of authorization from the	559
Ohio board of regents pursuant to Chapter 1713. of the Revised	560
Code, or are private institutions exempt from regulation under	561
Chapter 3332. of the Revised Code as prescribed in section	562
3333.046 of the Revised Code. Eligible post-secondary educational	563
institutions in the contiguous state shall be similarly approved	564
by the appropriate agency of that state. In formulating and	565
executing such contracts with a contiguous state, the board shall	566
assure that the total cost to this state approximates the total	567
cost to the contiguous state. Any contract entered into under this	568
section shall be subject to the periodic review of, and approval	569
by, the controlling board.	570

Sec. 3333.21.  As used in sections 3333.21 to 3333.23 of the	571
Revised Code, "term" and "academic year" mean "term" and "academic	572
year" as defined by the Ohio board of regents.	573

The board shall establish and administer an academic	574
scholarship program. Under the program, a total of one thousand	575
new scholarships shall be awarded annually in the amount of not	576
less than two thousand dollars per award. At least one such new	577
scholarship shall be awarded annually to a student in each public	578
high school and joint vocational school and each nonpublic high	579
school for which the state board of education prescribes minimum	580
standards in accordance with section 3301.07 of the Revised Code.	581

To be eligible for the award of a scholarship, a student	582
shall be a resident of Ohio and shall be enrolled as a full-time	583
undergraduate student in an Ohio institution of higher education	584
that meets the requirements of Title VI of the "Civil Rights Act	585
of 1964" and is state-assisted, is nonprofit and holds a	586
certificate of authorization issued under section 1713.02 of the	587
Revised Code, is a private institution exempt from regulation	588
under Chapter 3332. of the Revised Code as prescribed in section	589
3333.046 of the Revised Code, or holds a certificate of	590
registration and program authorization issued under section	591
3332.05 of the Revised Code and awards an associate or bachelor's	592
degree. Students who attend an institution holding a certificate	593
of registration shall be enrolled in a program leading to an	594
associate or bachelor's degree for which associate or bachelor's	595
degree program the institution has program authorization to offer	596
the program issued under section 3332.05 of the Revised Code.	597

"Resident" and "full-time student" shall be defined by board	598
rule.	599

The board shall award the scholarships on the basis of a	600
formula designed by it to identify students with the highest	601
capability for successful college study. The formula shall weigh	602
the factor of achievement, as measured by grade point average, and	603
the factor of ability, as measured by performance on a competitive	604
examination specified by the board. Students receiving	605
scholarships shall be known as "Ohio academic scholars." Annually,	606
not later than the thirty-first day of July, the board shall	607
report to the governor and the general assembly on the performance	608
of current Ohio academic scholars and the effectiveness of its	609
formula.	610

Sec. 3333.26.  (A) Any citizen of this state who has resided	611
within the state for one year and who was in the active service of	612
the United States as a soldier, sailor, nurse, or marine between	613
April 6, 1917, and November 11, 1918, and who has been honorably	614
discharged from such service, shall be admitted to any school,	615
college, or university that receives state funds in support	616
thereof, without being required to pay any tuition or	617
matriculation fee, but is not relieved from the payment of	618
laboratory or similar fees.	619

(B)(1) As used in this division:

620

(a) "Volunteer fire fighterfirefighter" has the meaning	621
given in division (B)(1) of section 146.01 of the Revised Code;	622

(b) "Public service officer" means an Ohio fire fighter	623
firefighter, volunteer fire fighterfirefighter, police officer,	624
member of the highway patrol, employee designated to exercise the	625
powers of police officers pursuant to section 1545.13 of the	626
Revised Code, or other peace officer as defined by division (B) of	627
section 2935.01 of the Revised Code, or a person holding any	628
equivalent position in another state;	629

(c) "Qualified former spouse" means the former spouse of a	630
public service officer who is the custodial parent of a minor	631
child of that marriage pursuant to an order allocating the	632
parental rights and responsibilities for care of the child issued	633
pursuant to section 3109.04 of the Revised Code.	634

(2) Any resident of this state who is under twenty-six years	635
of age, or under thirty years of age if the resident has been	636
honorably discharged from the armed services of the United States,	637
and who is the child of a public service officer killed in the	638
line of duty, and who is admitted to any state university or	639
college as defined in division (A)(1) of section 3345.12 of the	640
Revised Code, community college, state community college,	641
university branch, or technical college, shall not be required to	642
pay any tuition or any student fee for up to four academic years	643
of education, which shall be at the undergraduate level.	644

(3) Any resident of this state who is the spouse or	645
qualified former spouse of a public service officer killed in the	646
line of duty, and who is admitted to any state university or	647
college as defined in division (A)(1) of section 3345.12 of the	648
Revised Code, community college, state community college,	649
university branch, or technical college, shall not be required to	650
pay any tuition or any student fee for up to four academic years	651
of education, which shall be at the undergraduate level.	652

(C) Any institution that is not subject to division (B) of	653
this section and that holds a valid certificate of registration	654
issued under Chapter 3332., a valid certificate issued under	655
Chapter 4709., or a valid license issued under Chapter 4713. of	656
the Revised Code, or that is nonprofit and has a certificate of	657
authorization issued under section 1713.02 of the Revised Code or	658
that is a private institution exempt from regulation under Chapter	659
3332. of the Revised Code as prescribed in section 3333.046 of the	660
Revised Code that reduces tuition and student fees of a student	661
who is eligible to attend an institution of higher education under	662
the provisions of division (B) of this section by an amount	663
indicated by the Ohio board of regents shall be eligible to	664
receive a grant in that amount from the board. Each institution	665
that enrolls students under division (B) of this section shall	666
report to the board, by the first day of July of each year, the	667
number of students who were so enrolled and the average amount of	668
all such tuition and fees waived during the preceding year. The	669
board shall determine the average amount of all such tuition and	670
fees waived during the preceding year. The average amount of	671
tuition and fees waived under division (B) of this section during	672
the preceding year shall be the amount of grants that	673
participating institutions shall receive under this division	674
during the current year, but no grant under this division shall	675
exceed the tuition and student fees due and payable by the student	676
prior to the reduction referred to in this division. Such grants	677
shall be made for four years of undergraduate education of an	678
eligible student.	679

Sec. 3333.29.  (A) As used in this section, "resident":

680

(1) "Resident" has the meaning established for purposes of	681
this section by rule of the Ohio board of regents.	682

(2) "Eligible institution" means either:

683

(a) A private career school registered in accordance with	684
section 3332.05 of the Revised Code;	685

(b) A private institution exempt from regulation under	686
Chapter 3332. of the Revised Code as prescribed in section	687
3333.046 of the Revised Code.	688

(B) Beginning July 1, 2000, the Ohio board of regents shall	689
establish and administer the student workforce development grant	690
program and shall adopt rules for the administration of the	691
program. Such rules shall be similar to the rules the Ohio board	692
of regents adopts under section 3333.27 of the Revised Code.	693

(C) The Ohio board of regents may make a grant to any	694
resident of this state who is enrolled as a full-time student in	695
an authorized baccalaureate degree or associate degree program at	696
a private career school registered in accordance with section	697
3332.05 of the Revised Codean eligible institution and who	698
maintains an academic record that meets or exceeds a standard	699
established by rule of the state board of proprietary school	700
registration, except that no grant shall be made to any individual	701
who was enrolled as a student in a registered private career	702
schoolan eligible institution before July 1, 2000. The size of	703
an annual grant award shall be determined by the Ohio board of	704
regents based on the amount of funds available for the program.	705
The grant shall be prorated and paid in equal installments per	706
academic term in accordance with division (E) of this section.	707

(D) The Ohio board of regents shall prescribe the form and	708
manner of application for grants and shall provide a method for	709
registered private career schoolseligible institutions to certify	710
applicants who are enrolled in authorized baccalaureate degree or	711
associate degree programs and have academic records meeting or	712
exceeding the standard established by the state board of	713
proprietary school registration.	714

(E) A grant awarded to an eligible student shall be paid to	715
the registered private career schooleligible institution in which	716
the student is enrolled, and the schoolinstitution shall reduce	717
the student's instructional and general charges by the amount of	718
the grant. Each grant awarded shall be paid in accordance with	719
division (C) of this section within thirty days after the start of	720
each term of the academic year for which the grant is awarded. No	721
student shall be eligible to receive grants for more than the	722
equivalent of five academic years.	723

(F) The receipt of a workforce development grant shall not	724
affect a student's eligibility for assistance or the amount of	725
such assistance granted under any other provision of state law. If	726
a student receives assistance under one or more other provisions	727
of state law, the grant made to the student under this section	728
shall not exceed the difference between the total instructional	729
and general charges assessed to the student by the private career	730
schooleligible institution and the amount of total assistance the	731
student receives under other provisions of state law.	732

(G) The general assembly shall support the workforce	733
development grant program with such appropriations as the general	734
assembly sees fit. The Ohio board of regents may also receive	735
funds from other sources to support the program.	736

(H) Private career schoolsEligible institutions that enroll	737
students receiving grants under this section shall report to the	738
Ohio board of regents the name of each student who has received	739
such a grant but who is no longer eligible for such a grant. In	740
the event that an eligible student who has been awarded a grant	741
under this section withdraws from enrollment at a schoolan	742
institution during any term, the schoolinstitution shall refund a	743
prorated amount of the student's grant for that term to the Ohio	744
board of regents in accordance with the school's refund policy.	745

(I) Beginning July 1, 2000, the state board of proprietary	746
school registration shall report to the Ohio board of regents each	747
degree granting proprietary school's job placement rate for the	748
immediately preceding academic year. No grant awarded to an	749
eligible student under this section shall be paid to a registered	750
private career school if the school's job placement rate for	751
baccalaureate degree and associate degree programs for the	752
preceding academic year was less than seventy-five per cent.	753

Sec. 3333.37.  As used in sections 3333.37 to 3333.375 of the	754
Revised Code, the following words and terms have the following	755
meanings unless the context indicates a different meaning or	756
intent:	757

(A) "Cost of attendance" means all costs of a student	758
incurred in connection with a program of study at an eligible	759
institution, as determined by the institution, including tuition;	760
instructional fees; room and board; books, computers, and	761
supplies; and other related fees, charges, and expenses.	762

(B) "Eligible institution" means eitherone of the following:

763

(1) A state-assisted post-secondary educational institution	764
within the state;	765

(2) A nonprofit institution of higher education within the	766
state that holds a certificate of authorization from the Ohio	767
board of regents pursuant to Chapter 1713. of the Revised Code,	768
that is accredited by the appropriate regional and, when	769
appropriate, professional accrediting associations within whose	770
jurisdiction it falls, is authorized to grant a bachelor's degree	771
or higher, and satisfies other conditions as set forth in the	772
policy guidelines;	773

(3) A private institution exempt from regulation under	774
Chapter 3332. of the Revised Code as prescribed in section	775
3333.046 of the Revised Code.	776

(C) "Eligible student" means either of the following:

777

(1) An undergraduate student who meets all of the following:

778

(a) Is a resident of this state;

779

(b) Has graduated from any Ohio secondary school for which	780
the state board of education prescribes minimum standards in	781
accordance with section 3301.07 of the Revised Code;	782

(c) Is attending and in good standing, or has been accepted	783
for attendance, at any eligible institution as a full-time student	784
to pursue a bachelor's degree.	785

(2) A graduate student who is a resident of this state, and	786
is attending and in good standing, or has been accepted for	787
attendance, at any eligible institution.	788

(D) "Fellowship" or "fellowship program" means the Ohio	789
priority needs fellowship created by sections 3333.37 to 3333.375	790
of the Revised Code.	791

(E) "Full-time student" has the meaning as defined by rule of	792
the Ohio board of regents.	793

(F) "Ohio outstanding scholar" means a student who is the	794
recipient of a scholarship under sections 3333.37 to 3333.375 of	795
the Revised Code.	796

(G) "Policy guidelines" means the rules adopted by the Ohio	797
board of regents pursuant to section 3333.374 of the Revised Code.	798

(H) "Priority needs fellow" means a student who is the	799
recipient of a fellowship under sections 3333.37 to 3333.375 of	800
the Revised Code.	801

(I) "Priority needs field of study" means those academic	802
majors and disciplines as determined by the Ohio board of regents	803
that support the purposes and intent of sections 3333.37 to	804
3333.375 of the Revised Code as described in section 3333.371 of	805
the Revised Code.	806

(J) "Scholarship" or "scholarship program" means the Ohio	807
outstanding scholarship created by sections 3333.37 to 3333.375 of	808
the Revised Code.	809

Sec. 3365.01.  As used in sections 3365.01 to 3365.10 of the	810
Revised Code:	811

(A) "College" means any state-assisted college or university	812
described in section 3333.041 of the Revised Code, any nonprofit	813
institution holding a certificate of authorization pursuant to	814
Chapter 1713. of the Revised Code, any private institution exempt	815
from regulation under Chapter 3332. of the Revised Code as	816
prescribed in section 3333.046 of the Revised Code, and any	817
institution holding a certificate of registration from the state	818
board of proprietary school registration and program authorization	819
for an associate or bachelor's degree program issued under section	820
3332.05 of the Revised Code.	821

(B) "School district,", except as specified in division (G)	822
of this section, means any school district to which a student is	823
admitted under section 3313.64, 3313.65, 3313.98, or 3317.08 of	824
the Revised Code and does not include a joint vocational or	825
cooperative education school district.	826

(C) "Parent" has the same meaning as in section 3313.64 of	827
the Revised Code.	828

(D) "Participant" means a student enrolled in a college	829
under the post-secondary enrollment options program established by	830
this chapter.	831

(E) "Secondary grade" means the ninth through twelfth	832
grades.	833

(F) "School foundation payments" means the amount required	834
to be paid to a school district for a fiscal year under Chapter	835
3317. of the Revised Code.	836

(G) "Tuition base" means, with respect to a participant's	837
school district, the formula amount defined in division (B) of	838
section 3317.02 of the Revised Code multiplied by the district's	839
cost-of-doing-business factor defined in division (N) of section	840
3317.02 of the Revised Code. The participant's "school district"	841
in the case of a participant enrolled in a community school shall	842
be the school district in which the student is entitled to attend	843
school under section 3313.64 or 3313.65 of the Revised Code.	844

(H) "Educational program" means enrollment in one or more	845
school districts, in a nonpublic school, or in a college under	846
division (B) of section 3365.04 of the Revised Code.	847

(I) "Nonpublic school" means a chartered or nonchartered	848
school for which minimum standards are prescribed by the state	849
board of education pursuant to division (D) of section 3301.07 of	850
the Revised Code.	851

(J) "School year" means the year beginning on the first day	852
of July and ending on the thirtieth day of June.	853

(K) "Community school" means any school established pursuant	854
to Chapter 3314. of the Revised Code that includes secondary	855
grades.	856

(L) "Community school payments" means payments made by the	857
department of education to a community school pursuant to division	858
(D) of section 3314.08 of the Revised Code.	859

Sec. 3366.01.  As used in this chapter, the following words	860
and terms have the following meanings unless the context indicates	861
a different meaning or intent:	862

(A) "Bond proceedings" means the order, trust, agreement,	863
indenture and other agreements, or amendments and supplements to	864
the foregoing, or any one or more or combination thereof,	865
authorizing or providing for the terms and conditions applicable	866
to, or providing for the issuance, security, or liquidity of,	867
obligations and the provisions contained in such obligations.	868

(B) "Bond service charges" means principal, including	869
mandatory sinking fund requirements for retirement of obligations,	870
and interest, and redemption premium, if any, required to be paid	871
on obligations.	872

(C) "Bond service fund" means the applicable fund and	873
accounts therein created in the bond proceedings for and pledged	874
to the payment of bond service charges, including all moneys and	875
investments, and earnings from investments, credited and to be	876
credited thereto.	877

(D) "Costs of attendance" means all costs of a student	878
incurred in connection with a program of study at an eligible	879
institution, as determined by the institution, including tuition;	880
instructional fees; room and board; books, computers, and	881
supplies; and other related fees, charges, and expenses.	882

(E) "Designated administrator" means, with respect to all	883
obligations issued prior to September 1, 1999, and to all	884
nonfederal education loans, the nonprofit corporation designated	885
on November 10, 1992, under division (D) of section 3351.07 of the	886
Revised Code to operate exclusively for charitable and educational	887
purposes by expanding access to higher education financing	888
programs for students and families in need of student financial	889
aid. For all other purposes, "designated administrator" means the	890
Ohio corporation that is a subsidiary of the nonprofit corporation	891
designated under division (D) of section 3351.07 of the Revised	892
Code and that has agreed to enter into an administration agreement	893
with the issuing authority and the director of development, or any	894
other person that enters into an administration agreement with the	895
issuing authority and the director of development.	896

(F) "Education loan" means a loan made by an eligible lender	897
pursuant to the policy guidelines to or for the benefit of a	898
student for the purpose of financing part or all of the student's	899
costs of attendance.	900

(G) "Eligible borrower" means any of the following:

901

(1) Individuals who are residents of the state, and who are	902
attending and are in good standing in, or who have been accepted	903
for attendance at, any eligible institution located in this state	904
or elsewhere, on a part-time or full-time basis, to pursue an	905
associate, baccalaureate, or advanced degree or a nursing diploma;	906

(2) Individuals who reside outside the state and who have	907
been accepted for attendance at, or who are attending and are in	908
good standing in, any eligible institution located in this state,	909
on a part-time or full-time basis, to pursue an associate,	910
baccalaureate, or advanced degree or a nursing diploma;	911

(3) Individuals who are parents or legal guardians of, or	912
other persons, as set forth in the policy guidelines, borrowing	913
under an education loan for the benefit of individuals meeting	914
requirements set forth in division (G)(1) or (2) of this section,	915
in order to assist them in paying costs of attendance.	916

(H)(1) "Eligible institution" means an institution described	917
in any of divisions (H)(1)(a), (b), or (c), or (d) of this section	918
that satisfies all of the requirements set forth in divisions	919
(H)(2), (3), and (4) of this section.	920

(a) The institution is a state-assisted post-secondary	921
educational institution within this state.	922

(b) The institution is a nonprofit institution within this	923
state having a certificate of authorization from the Ohio board of	924
regents pursuant to Chapter 1713. of the Revised Code.	925

(c) The institution is a post-secondary educational	926
institution similar to one described in division (H)(1)(a) or (b)	927
of this section that is located outside this state and that is	928
similarly approved by the appropriate agency of that state.	929

(d) The institution is a private institution exempt from	930
regulation under Chapter 3332. of the Revised Code as prescribed	931
in section 3333.046 of the Revised Code.	932

(2) The institution is accredited by the appropriate	933
regional and, when appropriate, professional accrediting	934
associations within whose jurisdiction it falls.	935

(3) The institution satisfies the eligibility requirements	936
for participation in the federal family education loan program	937
authorized under Title IV, Part B, of the "Higher Education Act of	938
1965," 20 U.S.C.A. 1071 et seq., as amended, as long as that	939
program remains in existence.	940

(4) The institution satisfies the other conditions set forth	941
in the policy guidelines.	942

(I) "Eligible lender" means, with respect to lenders making	943
nonfederal education loans, a bank, national banking association,	944
savings bank, savings and loan association, or credit union having	945
an office in this state that satisfies the criteria for eligible	946
lenders established pursuant to the policy guidelines. With	947
respect to lenders making federal education loans, "eligible	948
lender" means any person that is permitted to make loans under the	949
federal family education loan program authorized under Title IV,	950
Part B, of the "Higher Education Act of 1965," 20 U.S.C.A. 1071 et	951
seq., as amended; that has an office in this state; and that	952
satisfies the criteria for eligible lenders established pursuant	953
to the policy guidelines.	954

(J) "Federal education loan" means an education loan that is	955
originated in compliance with the federal family education loan	956
program authorized under Title IV, Part B, of the "Higher	957
Education Act of 1965," 20 U.S.C.A. 1071 et seq., as amended.	958

(K) "Governmental agency" means the state and any state	959
department, division, commission, institution, or authority; the	960
United States or any agency thereof; or any agency, commission, or	961
authority established pursuant to an interstate compact or	962
agreement; or any combination of the foregoing.	963

(L) "Issuing authority" means the treasurer of state, or the	964
officer who by law performs the functions of the treasurer of	965
state.	966

(M) "Nonfederal education loan" means any education loan	967
that is not a federal education loan.	968

(N) "Obligations" means the bonds, notes, or securities of	969
this state issued by the issuing authority pursuant to this	970
chapter.	971

(O) "Person" means any individual, corporation, business	972
trust, estate, trust, partnership, or association, any federal,	973
state, interstate, regional, or local governmental agency, any	974
subdivision of the state, or any combination of these.	975

(P) "Pledged receipts" means, to the extent the following	976
are pledged by the bond proceedings for the payment of bond	977
service charges: all receipts representing moneys accruing from	978
or in connection with the repayment of education loans, including	979
interest and payments from any guarantee or insurance in respect	980
to such education loans; accrued interest received from the sale	981
of obligations; the balances in the special funds; income from the	982
investment of the special funds; all right, title, and interest of	983
the state and the designated administrator in the education loans	984
and any guarantees or insurance in respect thereof, and any money	985
representing the proceeds of obligations or any income from or	986
interest on those proceeds; or any other gifts, grants, donations,	987
and pledges and any income and receipts therefrom, available and	988
pledged for the payment of bond service charges.	989

(Q) "Policy guidelines" means the rules adopted pursuant to	990
division (A) of section 3366.03 of the Revised Code.	991

(R) "Proceeds loan" means the transfer, pursuant to a loan	992
agreement or agency agreement, of the proceeds of the obligations,	993
or the deposit of the proceeds of the obligations with a trustee	994
in trust under a trust agreement, indenture, or other trust	995
document under the bond proceedings pending their disbursement for	996
the purposes authorized by this chapter.	997

(S) "Resident" means any student who would qualify as a	998
resident of this state for state subsidy and tuition surcharge	999
purposes under rules adopted by the Ohio board of regents under	1000
section 3333.31 of the Revised Code.	1001

(T) "Special funds" or "funds" means the bond service fund	1002
and any other funds, including reserve funds, created under the	1003
bond proceedings, including all moneys and investments, and	1004
earnings from investment, credited and to be credited thereto.	1005

(U) "Student" means an individual described in division	1006
(G)(1) or (2) of this section who meets requirements established	1007
under the policy guidelines. "Student" includes dependent and	1008
independent undergraduate, graduate, and professional students.	1009

(V) "Subdivision" has the same meaning as in division (MM)	1010
of section 133.01 of the Revised Code.	1011

Sec. 5107.58.  In accordance with a federal waiver granted by	1012
the United States secretary of health and human services pursuant	1013
to a request made under former section 5101.09 of the Revised	1014
Code, county departments of job and family services may establish	1015
and administer as a work activity for minor heads of households	1016
and adults participating in Ohio works first an education program	1017
under which the participant is enrolled full-time in	1018
post-secondary education leading to vocation at a state	1019
institution of higher education, as defined in section 3345.031 of	1020
the Revised Code; a private nonprofit college or university that	1021
possesses a certificate of authorization issued by the Ohio board	1022
of regents pursuant to Chapter 1713. of the Revised Code, or is	1023
exempted by division (E) of section 1713.02 of the Revised Code	1024
from the requirement of a certificate; a school that holds a	1025
certificate of registration and program authorization issued by	1026
the state board of proprietary school registration under Chapter	1027
3332. of the Revised Code; a private institution exempt from	1028
regulation under Chapter 3332. of the Revised Code as prescribed	1029
in section 3333.046 of the Revised Code; or a school that has	1030
entered into a contract with the county department of job and	1031
family services. The participant shall make reasonable efforts,	1032
as determined by the county department, to obtain a loan,	1033
scholarship, grant, or other assistance to pay for the tuition,	1034
including a federal Pell grant under 20 U.S.C.A. 1070a and an Ohio	1035
instructional grant under section 3333.12 of the Revised Code. If	1036
the participant has made reasonable efforts but is unable to	1037
obtain sufficient assistance to pay the tuition the program may	1038
pay the tuition. On or after October 1, 1998, the county	1039
department may enter into a loan agreement with the participant to	1040
pay the tuition. The total period for which tuition is paid and	1041
loans made shall not exceed two years. If the participant,	1042
pursuant to division (B)(3) of section 5107.43 of the Revised	1043
Code, volunteers to participate in the education program for more	1044
hours each week than the participant is assigned to the program,	1045
the program may pay or the county department may loan the cost of	1046
the tuition for the additional voluntary hours as well as the cost	1047
of the tuition for the assigned number of hours. The participant	1048
may receive, for not more than three years, support services,	1049
including publicly funded child day-care under Chapter 5104. of	1050
the Revised Code and transportation, that the participant needs to	1051
participate in the program. To receive support services in the	1052
third year, the participant must be, as determined by the	1053
educational institution in which the participant is enrolled, in	1054
good standing with the institution.	1055

A county department that provides loans under this section	1056
shall establish procedures governing loan application for and	1057
approval and administration of loans granted pursuant to this	1058
section.	1059

Sec. 5910.04.  Scholarships granted under sections 5910.01 to	1060
5910.06 of the Revised Code shall consist of either of the	1061
following:	1062

(A) An exemption from the payment of one hundred per cent of	1063
the general and instructional fees at colleges and universities	1064
which receive support from the state of Ohio and are approved by	1065
the chancellor of the board of regents, except that the percentage	1066
may be reduced by the war orphans scholarship board in any year	1067
that insufficient funds are appropriated to fully fund	1068
scholarships for all eligible students;	1069

(B) A grant to an eligible child who is enrolled in an	1070
institution that has received a certificate of authorization from	1071
the board of regents under Chapter 1713. of the Revised Code, or a	1072
private institution exempt from regulation under Chapter 3332. of	1073
the Revised Code as prescribed in section 3333.046 of the Revised	1074
Code, or is enrolled in an institution that has received a	1075
certificate of registration from the state board of proprietary	1076
school and college registration. Students who attend an	1077
institution that holds a certificate of registration shall be	1078
enrolled in either a program leading to an associate degree or a	1079
program leading to a bachelor's degree for which associate or	1080
bachelor's degree program the institution has received program	1081
authorization issued under section 3332.05 of the Revised Code to	1082
offer such degree program. The grant shall be paid to the child	1083
through the institution in which the child is enrolled, and shall	1084
equal one hundred per cent of the average value of all	1085
scholarships granted under division (A) of this section during the	1086
preceding year, except that the percentage may be reduced by the	1087
war orphans scholarship board in any year that insufficient funds	1088
are appropriated to fully fund scholarships for all eligible	1089
students. In no case shall the grant exceed the total general and	1090
instructional charges of the institution.	1091

The board shall not reduce the percentage to be paid for	1092
scholarships awarded pursuant to section 5910.032 of the Revised	1093
Code below one hundred per cent.	1094

Sec. 5919.34.  (A) As used in this section:

1095

(1) "Academic term" means any one of the following:

1096

(a) Fall term, which consists of fall semester or fall	1097
quarter, as appropriate;	1098

(b) Winter term, which consists of winter semester, winter	1099
quarter, or spring semester, as appropriate;	1100

(c) Spring term, which consists of spring quarter;

1101

(d) Summer term, which consists of summer semester or summer	1102
quarter, as appropriate.	1103

(2) "Eligible applicant" means any individual to whom all of	1104
the following apply:	1105

(a) The individual does not possess a baccalaureate degree.

1106

(b) The individual has enlisted, re-enlisted, or extended	1107
current enlistment in the Ohio national guard.	1108

(c) The individual is actively enrolled as a full-time or	1109
part-time student for at least six credit hours of course work in	1110
a semester or quarter in a two-year or four-year degree-granting	1111
program at an institution of higher education or in a	1112
diploma-granting program at an institution of higher education	1113
that is a school of nursing.	1114

(d) The individual has not accumulated ninety-six	1115
eligibility units under division (E) of this section.	1116

(3) "Institution of higher education" means an Ohio	1117
institution of higher education that is state-assisted, that is	1118
nonprofit and has received a certificate of authorization from the	1119
Ohio board of regents pursuant to Chapter 1713. of the Revised	1120
Code, that is a private institution exempt from regulation under	1121
Chapter 3332. of the Revised Code as prescribed in section	1122
3333.046 of the Revised Code, or that holds a certificate of	1123
registration and program authorization issued by the state board	1124
of proprietary school registration pursuant to section 3332.05 of	1125
the Revised Code.	1126

(4) "State university" has the same meaning as in section	1127
3345.011 of the Revised Code.	1128

(B)(1) There is hereby created a scholarship program to be	1129
known as the Ohio national guard scholarship program. For the	1130
fiscal year 2000, the number of participants in the program for	1131
the fall term is limited to the equivalent of two thousand five	1132
hundred full-time participants; the number of participants in the	1133
program for the winter term is limited to the equivalent of two	1134
thousand five hundred full-time participants; the number of	1135
participants in the program for the spring term is limited to the	1136
equivalent of one thousand six hundred seventy-five full-time	1137
participants; and the number of participants in the program for	1138
the summer term is limited to the equivalent of six hundred	1139
full-time participants. Except as provided in division (B)(2) of	1140
this section for the fiscal year 2001 and succeeding fiscal years,	1141
the number of participants in the program for the fall term is	1142
limited to the equivalent of three thousand five hundred full-time	1143
participants; the number of participants in the program for the	1144
winter term is limited to the equivalent of three thousand five	1145
hundred full-time participants; the number of participants in the	1146
program for the spring term is limited to the equivalent of two	1147
thousand three hundred forty-five full-time participants; and the	1148
number of participants in the program for the summer term is	1149
limited to the equivalent of eight hundred full-time participants.	1150

(2) After the application deadline for any academic term in	1151
fiscal year 2001, the adjutant general may request the controlling	1152
board, if sufficient appropriated funds are available, to approve	1153
the following number of additional participants for that term:	1154

(a) For the fall or winter academic term, up to the	1155
equivalent of five hundred additional full-time participants;	1156

(b) For the spring academic term, up to the equivalent of	1157
three hundred seventy-five additional full-time participants;	1158

(c) For the summer academic term, up to the equivalent of	1159
one hundred twenty-five additional full-time participants.	1160

(C) If the adjutant general estimates that appropriations	1161
for all scholarships applied for under this section and likely to	1162
be used during an academic term are inadequate for all eligible	1163
applicants for that academic term to receive scholarships, the	1164
adjutant general shall promptly inform all applicants not	1165
receiving scholarships for that academic term of the next academic	1166
term that appropriations will be adequate for the scholarships.	1167
Any such eligible applicant may again apply for a scholarship	1168
beginning that academic term if the applicant is in compliance	1169
with all requirements established by this section and the adjutant	1170
general for the program. The adjutant general shall process all	1171
applications for scholarships for each academic term in the order	1172
in which they are received. The scholarships shall be made	1173
without regard to financial need. At no time shall one person be	1174
placed in priority over another because of sex, race, or religion.	1175

(D) Except as provided in division (H) of this section, for	1176
each academic term that an eligible applicant is approved for a	1177
scholarship under this section and remains a current member in	1178
good standing of the Ohio national guard, the institution of	1179
higher education in which the applicant is enrolled shall, if the	1180
applicant's enlistment obligation extends beyond the end of that	1181
academic term, be paid on the applicant's behalf the applicable	1182
one of the following amounts:	1183

(1) If the institution is state-assisted, an amount equal to	1184
one hundred per cent of the institution's tuition charges;	1185

(2) If the institution is a nonprofit private institution or	1186
a private institution exempt from regulation under Chapter 3332.	1187
of the Revised Code as prescribed in section 3333.046 of the	1188
Revised Code, an amount equal to one hundred per cent of the	1189
average tuition charges of all state universities;	1190

(3) If the institution is an institution that holds a	1191
certificate of registration from the state board of proprietary	1192
school registration, the lesser of the following:	1193

(a) An amount equal to one hundred per cent of the total	1194
instructional and general charges of the institution;	1195

(b) An amount equal to one hundred per cent of the average	1196
tuition charges of all state universities.	1197

(4) An eligible applicant's scholarship shall not be reduced	1198
by the amount of that applicant's benefits under "the Montgomery	1199
G.I. Bill Act of 1984," Pub. L. No. 98-525, 98 Stat. 2553 (1984).	1200

(E) A scholarship recipient under this section shall be	1201
entitled to receive scholarships under this section for the number	1202
of quarters or semesters it takes the recipient to accumulate	1203
ninety-six eligibility units as determined under divisions (E)(1)	1204
to (3) of this section.	1205

(1) To determine the maximum number of semesters or quarters	1206
for which a recipient is entitled to a scholarship under this	1207
section, the adjutant general shall convert a recipient's credit	1208
hours of enrollment for each academic term into eligibility units	1209
in accordance with the following table:	1210

(2) A scholarship recipient under this section may continue	1219
to apply for scholarships under this section until the recipient	1220
has accumulated ninety-six eligibility units.	1221

(3) If a scholarship recipient withdraws from courses prior	1222
to the end of an academic term so that the recipient's enrollment	1223
for that academic term is less than six credit hours, no	1224
scholarship shall be paid on behalf of that person for that	1225
academic term except that, if a scholarship has already been paid	1226
on behalf of the person for that academic term, the adjutant	1227
general shall add to that person's accumulated eligibility units	1228
the number of eligibility units for which the scholarship was	1229
paid.	1230

(F) A scholarship recipient under this section who fails to	1231
complete the term of enlistment, re-enlistment, or extension of	1232
current enlistment the recipient was serving at the time a	1233
scholarship was paid on behalf of the recipient under this section	1234
is liable to the state for repayment of a percentage of all Ohio	1235
national guard scholarships paid on behalf of the recipient under	1236
this section, plus interest at the rate of ten per cent per annum	1237
calculated from the dates the scholarships were paid. This	1238
percentage shall equal the percentage of the current term of	1239
enlistment, re-enlistment, or extension of enlistment a recipient	1240
has not completed as of the date the recipient is discharged from	1241
the Ohio national guard.	1242

The attorney general may commence a civil action on behalf of	1243
the adjutant general to recover the amount of the scholarships and	1244
the interest provided for in this division and the expenses	1245
incurred in prosecuting the action, including court costs and	1246
reasonable attorney's fees. A scholarship recipient is not liable	1247
under this division if the recipient's failure to complete the	1248
term of enlistment being served at the time a scholarship was paid	1249
on behalf of the recipient under this section is due to the	1250
recipient's death; discharge from the national guard due to	1251
disability; or the recipient's enlistment, for a term not less	1252
than the recipient's remaining term in the national guard, in the	1253
active component of the United States armed forces or the active	1254
reserve component of the United States armed forces.	1255

(G) On or before the first day of each academic term, the	1256
adjutant general shall provide an eligibility roster to each	1257
institution of higher education at which one or more scholarship	1258
recipients have applied for enrollment. The institution shall use	1259
the roster to certify the actual full-time or part-time enrollment	1260
of each scholarship recipient listed as enrolled at the	1261
institution and return the roster to the adjutant general within	1262
thirty days after the first day of the academic term. The	1263
adjutant general shall report to the Ohio board of regents the	1264
number of students in the Ohio national guard scholarship program	1265
at each institution of higher education. The Ohio board of	1266
regents shall provide for payment of the appropriate number and	1267
amount of scholarships to each institution of higher education	1268
pursuant to division (D) of this section. The adjutant general	1269
shall report on a quarterly basis to the director of budget and	1270
management, the speaker of the house of representatives, and the	1271
president of the senate the number of Ohio national guard	1272
scholarship recipients and a projection of the cost of the program	1273
for the remainder of the biennium.	1274

(H) The chancellor of the Ohio board of regents and the	1275
adjutant general may adopt rules pursuant to Chapter 119. of the	1276
Revised Code governing the administration and fiscal management of	1277
the Ohio national gaurdguard scholarship program and the	1278
procedure by which the Ohio board of regents and the department of	1279
the adjutant general may modify the amount of scholarships a	1280
member receives based on the amount other state financial aid a	1281
member recivesreceives.	1282

(I) Notwithstanding division (A) of section 127.14 of the	1283
Revised Code, the controlling board shall not transfer all or part	1284
of any appropriation for the Ohio national guard scholarship	1285
program.	1286

Section 2. That existing sections 1713.02, 1713.03, 3332.02,	1287
3333.042, 3333.043, 3333.12, 3333.18, 3333.21, 3333.26, 3333.29,	1288
3333.37, 3365.01, 3366.01, 5107.58, 5910.04, and 5919.34 of the	1289
Revised Code are hereby repealed.	1290

Section 3. A private institution exempt from regulation under	1291
Chapter 3332. of the Revised Code as prescribed in section	1292
3333.046 of the Revised Code, as enacted by this act, may continue	1293
to offer any associate, baccalaureate, or master's degree program	1294
that it offered as of October 1, 2001, unless authority to offer	1295
such program as of October 1, 2001, is revoked or not renewed by	1296
the Ohio Board of Regents under Chapter 1713. of the Revised Code.	1297