REPRESENTATIVES Callender, Calvert, Hartnett, Distel, Carano, Fedor, Schmidt, Carey, Flowers, Hughes, Hagan, Hoops, Niehaus

To amend sections 955.43, 1713.02, 1713.03, 1713.25,

1

2741.01, 3332.01, 3332.02, 3332.03, 3332.031,

2

3332.04, 3332.05, 3332.051, 3332.06, 3332.07,

3

3332.08, 3332.081, 3332.082, 3332.083, 3332.085,

4

3332.09, 3332.091, 3332.092, 3332.10 to 3332.13,

5

3332.18, 3333.043, 3333.12, 3333.29, 3334.01,

6

3365.01, 3365.15, 4742.05, 4742.06, 4743.03,

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4762.02, 4763.05, 5107.58, 5747.01, and 5919.34 of

8

the Revised Code; and to amend Section 94.10 of Am.

9

Sub. H.B. 94 of the 124th General Assembly to make

10

changes to the oversight of career schools by

11

changing the name of the State Board of Proprietary

12

School Registration to the State Board of Career

13

Colleges and Schools, directing the Board to

14

establish the period of time that a career school

15

must maintain a surety bond, eliminating the

16

requirement that agents for career schools maintain

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surety bonds, altering the structure of the Board

18

by adding an additional member with a background in

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career school management and by making the student

20

representative a nonvoting member, establishing a

21

fixed rate of compensation for Board members,

22

eliminating the requirement that the Ohio Board of

23

Regents recommend whether to approve applications

24

for the issuance or renewal of program

25

authorizations for associate degree programs at

26

career schools, making the legislative members of

27

the Student Tuition Recovery Authority nonvoting ex

28

officio members, specifying that students are

29

eligible for reimbursement of prepaid tuition

30

losses only in the event of a school closure,

31

paying reimbursements for prepaid tuition losses

32

from the career school's surety bond beginning July

33

1, 2003, and by making other revisions to the

34

oversight of career schools; to enable students

35

enrolled in eligible institutions prior to July 1,

36

2000, to receive student workforce development

37

grants; to permit the Chancellor of the Ohio Board

38

of Regents to grant Capital Scholarships to

39

students enrolled in public and private

40

institutions of higher education for their

41

participation in Kent State University's Columbus

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Program in Intergovernmental Issues; and to further

43

amend sections 3332.04, 3332.08, and 3332.082 and

44

to amend section 3332.084 of the Revised Code

45

effective July 1, 2003.

46

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

Section 1. That sections 955.43, 1713.02, 1713.03, 1713.25,	47
2741.01, 3332.01, 3332.02, 3332.03, 3332.031, 3332.04, 3332.05,	48
3332.051, 3332.06, 3332.07, 3332.08, 3332.081, 3332.082, 3332.083,	49
3332.085, 3332.09, 3332.091, 3332.092, 3332.10, 3332.11, 3332.12,	50
3332.13, 3332.18, 3333.043, 3333.12, 3333.29, 3334.01, 3365.01,	51
3365.15, 4742.05, 4742.06, 4743.03, 4762.02, 4763.05, 5107.58,	52
5747.01, and 5919.34 of the Revised Code be amended to read as	53
follows:	54

Sec. 955.43.  (A) When a blind, deaf, or mobility impaired	55
person is accompanied by a dog that serves as or is in training to	56
become a guide, leader, listener, or support dog for himthe	57
person, and hethe person can show proof by certificate or other	58
means that the dog leading himthe person, listening for himthe	59
person, or providing support or assistance for himthe person has	60
been or is being trained for that purpose by a nonprofit special	61
agency engaged in such work, the person is entitled to the full	62
and equal accommodations, advantages, facilities, and privileges	63
of all public conveyances, hotels, lodging places, all places of	64
public accommodation, amusement, or resort, all institutions of	65
education, and other places to which the general public is	66
invited, and may take the dog into such conveyances and places,	67
subject only to the conditions and limitations applicable to all	68
persons not so accompanied, except that:	69

(1) The dog shall not occupy a seat in any public	70
conveyance.	71

(2) The dog shall be upon a leash while using the facilities	72
of a common carrier.	73

(3) Any dog in training to become a guide, leader, listener,	74
or support dog shall be covered by a liability insurance policy	75
provided by the nonprofit special agency engaged in such work	76
protecting members of the public against personal injury or	77
property damage caused by the dog.	78

(B) No person shall deprive a blind, deaf, or mobility	79
impaired person of any of the advantages, facilities, or	80
privileges provided in division (A) of this section, nor charge	81
the blind, deaf, or mobility impaired person a fee or charge for	82
the dog.	83

(C) As used in this section, "institutions of education"	84
means:	85

(1) Any state university or college as defined in section	86
3345.32 of the Revised Code;	87

(2) Any private college or university that holds a	88
certificate of authorization issued by the Ohio board of regents	89
pursuant to Chapter 1713. of the Revised Code;	90

(3) Any elementary or secondary school operated by a board	91
of education;	92

(4) Any chartered or nonchartered nonpublic elementary or	93
secondary school;	94

(5) Any school issued a certificate of registration by the	95
state board of proprietary school registrationcareer colleges and	96
schools.	97

Sec. 1713.02.  (A) Any institution described in division (A)	98
of section 1713.01 of the Revised Code may become incorporated	99
under sections 1702.01 to 1702.58 of the Revised Code.	100

(B) Except as provided in division (E) of this section, no	101
nonprofit institution or corporation of the type described in	102
division (A) of section 1713.01 of the Revised Code that is	103
established after October 13, 1967, may confer degrees, diplomas,	104
or other written evidences of proficiency or achievement, until it	105
has received a certificate of authorization issued by the Ohio	106
board of regents, nor shall any such institution or corporation	107
identify itself as a "college" or "university" unless it has	108
received a certificate of authorization from the board.	109

(C) Except as provided in division (E) of this section, no	110
institution of the type described in division (A)(3) or (B) of	111
section 1713.01 of the Revised Code that intends to offer or	112
offers a course or courses within this state, but that did not	113
offer a course or courses within this state on or before October	114
13, 1967, may confer degrees, diplomas, or other written evidences	115
of proficiency or achievement or offer any course or courses	116
within this state until it has received a certificate of	117
authorization from the Ohio board of regents, nor shall the	118
institution identify itself as a "college" or "university" unless	119
it has received such a certificate from the board.	120

(D) Each certificate of authorization shall specify the	121
diplomas or degrees authorized to be given, courses authorized to	122
be offered, and the sites at which courses are to be conducted. A	123
copy of such certificate shall be filed with the secretary of	124
state if the institution is incorporated. Any institution or	125
corporation established or that offered a course or courses of	126
instruction in this state prior to October 13, 1967, may apply to	127
the board for a certificate of authorization, and the board shall	128
issue a certificate if it finds that such institution or	129
corporation meets the requirements established pursuant to	130
sections 1713.01, 1713.02, 1713.03, 1713.04, 1713.06, 1713.09, and	131
1713.25 of the Revised Code.	132

(E) An institution that clearly identifies itself in its	133
name with the phrase "bible college" or "bible institute" and has	134
not received a certificate of authorization may confer diplomas	135
and other written evidences of proficiency or achievement other	136
than associate, baccalaureate, master's, and doctoral degrees or	137
any other type of degree and may identify itself as a "bible	138
college" if such institution:	139

(1) Prominently discloses on any transcripts, diplomas, or	140
other written evidences of proficiency or achievement, and	141
includes with any promotional material or other literature	142
intended for the public, the statement: "this institution is not	143
certified by the board of regents or the state of Ohio."	144

(2) Limits its course of instruction to religion, theology,	145
or preparation for a religious vocation, or is operated by a	146
church or religious organization and limits its instruction to	147
preparation for service to churches or other religious	148
organizations.	149

(3) Confers only diplomas and other written evidences of	150
proficiency or achievement that bear titles clearly signifying the	151
religious nature of the instruction offered by the institution.	152

(F) Except as otherwise provided in section 3333.046 of the	153
Revised Code, no school of the type described in division (E) of	154
section 3332.01 of the Revised Code that intends to offer or	155
offers a degree program within this state or solicits students	156
within this state may confer a baccalaureate, master's, or	157
doctoral degree or solicit students for such degree programs until	158
it has received both a certificate of authorization from the board	159
of regents under this chapter and program authorization from the	160
state board of proprietary school registrationcareer colleges and	161
schools for such degree program under section 3332.05 of the	162
Revised Code.	163

Sec. 1713.03.  The Ohio board of regents shall establish	164
standards for certificates of authorization to be issued to	165
institutions as defined in section 1713.01 of the Revised Code, to	166
private institutions exempt from regulation under Chapter 3332. of	167
the Revised Code as prescribed in section 3333.046 of the Revised	168
Code, and to schools holding certificates of registration issued	169
by the state board of proprietary school registrationcareer	170
colleges and schools pursuant to division (C) of section 3332.05	171
of the Revised Code. A certificate of authorization may permit an	172
institution or school to award one or more types of degrees.	173

The standards for a certificate of authorization may include,	174
for various types of institutions, schools, or degrees, minimum	175
qualifications for faculty, library, laboratories, and other	176
facilities as adopted and published by the Ohio board of regents.	177
The standards shall be adopted by the board pursuant to Chapter	178
119. of the Revised Code.	179

An institution or school shall apply to the board for a	180
certificate of authorization on forms containing such information	181
as is prescribed by the board. Each institution or school with a	182
certificate of authorization shall file an annual report with the	183
board in such form and containing such information as the board	184
prescribes.	185

Sec. 1713.25.  The board of trustees of an institution of	186
learning incorporated under the authority of this state for the	187
sole purpose of promoting education, religion and morality, or the	188
fine arts, at a regular or special meeting of such board called	189
for that purpose, after thirty days' actual notice to each	190
trustee, may change the name and enlarge the purposes and objects	191
of such institution of learning, by amendment to its charter,	192
approved by a majority of the board.	193

No institution as defined in section 1713.01 of the Revised	194
Code or school that holds a certificate of registration issued by	195
the state board of proprietary school registrationcareer colleges	196
and schools pursuant to division (C) of section 3332.05 (C) of the	197
Revised Code, that has been issued a certificate of authorization	198
by the Ohio board of regents shall change the purposes of the	199
institution without giving written notice to the Ohio board of	200
regents, which shall issue an amended certificate of authorization	201
to the institution or school upon receipt of such notice.	202

Sec. 2741.01.  As used in this chapter:

203

(A) "Persona" means an individual's name, voice, signature,	204
photograph, image, likeness, or distinctive appearance, if any of	205
these aspects have commercial value.	206

(B) "Commercial purpose" means the use of or reference to an	207
aspect of an individual's persona in any of the following manners:	208

(1) On or in connection with a place, product, merchandise,	209
goods, services, or other commercial activities not expressly	210
exempted under this chapter;	211

(2) For advertising or soliciting the purchase of products,	212
merchandise, goods, services, or other commercial activities not	213
expressly exempted under this chapter;	214

(3) For the purpose of promoting travel to a place;

215

(4) For the purpose of fundraising.

216

(C) "Name" means the actual, assumed, or clearly	217
identifiable name of or reference to a living or deceased	218
individual that identifies the individual.	219

(D) "Right of publicity" means the property right in an	220
individual's persona to use the individual's persona for a	221
commercial purpose.	222

(E) "Trier of fact" means the jury or, in a nonjury action,	223
the court.	224

(F) "Written consent" includes written, electronic, digital,	225
or any other verifiable means of authorization.	226

(G) "Institution of higher education" means a state	227
institution of higher education as defined in section 3345.011 of	228
the Revised Code, a private nonprofit college or university	229
located in this state that possesses a certificate of	230
authorization issued by the Ohio board of regents pursuant to	231
Chapter 1713. of the Revised Code, or a school located in this	232
state that possesses a certificate of registration and one or more	233
program authorizations issued by the state board of proprietary	234
school registrationcareer colleges and schools under Chapter	235
3332. of the Revised Code.	236

Sec. 3332.01.  As used in this section and sections 3332.03	237
to 3332.99 of the Revised Code:	238

(A) "Agent" means any individual whose primary duties,	239
performed while on or off school premises, include distribution of	240
literature or information on behalf of a person offering a	241
program, and the solicitation of prospective students in Ohio to	242
enroll for a fee in a program.	243

(B) "Certificate of registration" means a certificate issued	244
by the state board of proprietary school registrationcareer	245
colleges and schools to the owner or operator of a for profit or	246
nonprofit private career school located within or without the	247
state of Ohio, that permits the school to solicit students and	248
offer and maintain a program in Ohio.	249

(C) "Program" means the completea course of study, whether	250
offered in a specific place, by correspondence using the mails, or	251
by any other means of communication, designed to prepare students	252
for potential employment in a recognized vocation, occupation, or	253
profession and lead to aat the certificate, diploma, or degree	254
level.	255

(D) "Program authorization" means written notification by	256
the board to a private career school granting approval for	257
offering programs and awarding certificates, diplomas, or degrees.	258

(E) "Private career school" or "school" means a person	259
possessing a certificate of registration and one or more program	260
authorizations.	261

Sec. 3332.02.  This chapter does not apply to the following	262
categories of courses, schools, or colleges:	263

(A) Tuition-free courses or schools conducted by employers	264
exclusively for their own employees;	265

(B) Nonprofit institutions with certificates of	266
authorization issued pursuant to section 1713.02 of the Revised	267
Code or that are nonprofit institutions exempted from the	268
requirement to obtain a certificate by division (E) of that	269
section;	270

(C) Schools, colleges, technical colleges, or universities	271
established by law or chartered by the Ohio board of regents;	272

(D) Courses of instruction required by law to be approved or	273
licensed, or given by institutions approved or licensed, by a	274
state board or agency other than the state board of school and	275
college registrationcareer colleges and schools, except that a	276
school so approved or licensed may apply to the state board of	277
proprietary school registrationcareer colleges and schools for a	278
certificate of registration to be issued in accordance with this	279
chapter;	280

(E) Schools for which minimum standards are prescribed by	281
the state board of education pursuant to division (D) of section	282
3301.07 of the Revised Code;	283

(F) Courses of instruction conducted by a public school	284
district or a combination of public school districts;	285

(G) Courses of instruction conducted outside the United	286
States;	287

(H) Private institutions exempt from regulation under this	288
chapter as prescribed in section 3333.046 of the Revised Code;	289

(I) Training courses for employees paid for by their	290
employers and conducted by outside service providers.	291

Sec. 3332.03.  There is hereby created the state board of	292
proprietary school registrationcareer colleges and schools to	293
consist of the state superintendent of public instruction or an	294
assistant superintendent designated by the superintendent, the	295
chancellor of the Ohio board of regents or a vice chancellor	296
designated by the chancellor, and fivesix members appointed by	297
the governor, with the advice and consent of the senate. Members'	298
terms of office shall be for five years, commencing on the	299
twenty-first day of November and ending on the twentieth day of	300
November. Each member shall hold office from the date of his	301
appointment until the end of the term for which hethe member was	302
appointed.	303

TwoThree of the members appointed by the governor shall have	304
been engaged for a period of not less than five years immediately	305
preceding appointment in an executive or managerial position in a	306
private, trade, technical, or other school subject to this	307
chapter. One member appointed by the governor shall be a	308
representative of students and shall have graduated with an	309
associate or baccalaureate degree, within five years prior to his	310
appointment, from a school subject to this chapter. Two members	311
appointed by the governor shall be representatives of the general	312
public and shall have had no affiliation with, or direct or	313
indirect interest in, schools subject to this chapter for at least	314
two years prior to appointment. In selecting the representatives	315
of the general public, the governor shall make an effort to find	316
individuals with background or experience in the regulation of	317
commerce, business, or education. The two members of the board	318
who are representatives of the general public shall not be	319
affiliated in any way with or have any direct or indirect interest	320
in any schools subject to this chapter during their terms. Except	321
for enrollment in a school subject to this chapter, the member	322
representing students shall have had no affiliation in any way	323
with, or have any direct or indirect interest in any school	324
subject to this chapter for at least two years prior to his	325
appointment or during histhe member's term.	326

Any vacancy shall be filled in the manner provided for	327
original appointment. Any member appointed to fill a vacancy	328
occurring prior to the expiration of the term for which histhe	329
member's predecessor was appointed shall hold office for the	330
remainder of such term. Any appointed member shall continue in	331
office subsequent to the expiration date of histhe member's term	332
until histhe member's successor takes office, or until a period	333
of sixty days has elapsed, whichever occurs first.	334

All seven membersMembers of the board have full voting	335
rights. The members shall not be paid for their services, but the,	336
except for the member representing students who shall be a	337
nonvoting member. Each member of the board appointed by the	338
governor shall be compensated at the rate established pursuant to	339
division (J) of section 124.15 of the Revised Code, but shall not	340
receive step advancements, for those days the member is engaged in	341
the discharge of official duties. In addition, members appointed	342
by the governor may be compensated for the expenses necessarily	343
incurred in the attendance at meetings or in performing other	344
services for the board. The chairmanchairperson of the board	345
shall annually be elected or determined as follows:	346

(A) If both members of the board representing the general	347
public have served on the board for at least one year, the members	348
shall elect one of these two members as chairmanchairperson. If	349
one of these members declines to be elected or serve, the other	350
member representing the general public shall be chairman	351
chairperson. If both members representing the general public	352
decline to be elected or serve, division (C) of this section shall	353
apply.	354

(B) If only one member of the board representing the general	355
public has served on the board for at least one year, this member	356
shall be chairmanchairperson. If this member declines to serve,	357
division (C) of this section shall apply.	358

(C) If neither member of the board representing the general	359
public has served on the board for at least one year or if this	360
division applies pursuant to division (A) or (B) of this section,	361
the members of the board shall elect a chairmanchairperson from	362
among any of the voting members of the board who have served on	363
the board for at least one year.	364

Sec. 3332.031.  The state board of proprietary school	365
registrationcareer colleges and schools shall:	366

(A) Adopt rules under Chapter 119. of the Revised Code	367
necessary to carry out its duties and responsibilities under this	368
chapter;	369

(B) Establish minimum standards for the registration and	370
operation of private career schools including but not necessarily	371
limited to standards to ensure school financial stability;	372

(C) Issue certificates of registration to private career	373
schools pursuant to division (A) of section 3332.05 of the Revised	374
Code;	375

(D) Suspend or revoke the certificate of registration of	376
schools pursuant to sections 3332.09 and 3332.091 of the Revised	377
Code;	378

(E) Establish minimum standards for certificate, diploma,	379
and degree programs offered by schools;	380

(F) Issue program authorization pursuant to divisions (B)	381
and (C) of section 3332.05 of the Revised Code;	382

(G) Suspend or revoke program authorization for schools	383
pursuant to sections 3332.09 and 3332.091 of the Revised Code;	384

(H) Establish minimum standards, including but not	385
necessarily limited to a code of ethics, for agents employed by	386
schools registered under this chapter to reasonably ensure that	387
such agents provide adequate, ethical, and accurate information to	388
prospective students;	389

(I) Grant permits to agents pursuant to sections 3332.10 and	390
3332.11 of the Revised Code;	391

(J) Suspend or revoke an agent's permit pursuant to section	392
3123.47 or 3332.12 of the Revised Code;	393

(K) Monitor recruitment and admissions practices of schools	394
holding certificates of registration to ensure compliance with	395
this chapter and the rules of the board;	396

(L)(1) Adopt rules requiring all schools to provide all	397
applicant students, prior to their signing enrollment agreements,	398
written information concerning the school's graduation and	399
placement rates for each of the preceding three years and any	400
other information the board deems pertinent.	401

(2) Adopt rules requiring all schools to provide any student	402
or applicant student, prior to the signing of any financial aid,	403
grant, or loan application, written information concerning the	404
obligations of a student obtaining such financial aid, grant, or	405
loan.	406

(3) Upon request, a school shall furnish the board with a	407
copy of all information required by this division. The board	408
shall monitor schools to ensure their compliance with this	409
division.	410

(M) Adopt a rule requiring all schools to include, in the	411
enrollment agreement, notice that any problems the student is	412
having with the school, or complaints the student has about the	413
school, may be directed to the board, which notice shall include	414
the telephone number of the executive director of the board;	415

(N) Report annually to the governor and the general assembly	416
on the activities of the board and private career schools, and	417
make legislative recommendations when necessary to enable the	418
board to better serve the student population and the schools	419
registered under this chapter;	420

(O) Adopt a rule requiring a uniform tuition refund policy	421
for all schools subject to this chapter. In adopting the rule,	422
the board shall consider the tuition refund policies effectuated	423
by state-supported colleges and universities. Each school subject	424
to this chapter shall furnish to each prospective student, prior	425
to the signing of an enrollment agreement, a copy of the tuition	426
refund policy.	427

(P) Adopt a rule establishing minimum standards for all	428
faculty and instructional staff in all instructional programs at a	429
school. In the case of full-time faculty members employed for	430
degree programs, such standards shall include all of the	431
following:	432

(1) A prohibition against employing on or after July 1,	433
1993, any new full-time faculty member to teach the general study	434
portion of any degree program, unless the person holds a master's	435
degree in the subject matter discipline or holds a master's degree	436
in education with proficiency in the subject matter discipline	437
demonstrated in accordance with the standards adopted by the	438
board.	439

(2) Except as provided under the standards adopted pursuant	440
to division (P)(3) of this section, a prohibition against	441
employing or reemploying on or after July 1, 1998, any full-time	442
faculty member to teach the general study portion of any degree	443
program, unless the person holds a master's degree in the subject	444
matter discipline or holds a master's degree in education with	445
proficiency in the subject matter discipline demonstrated in	446
accordance with the standards adopted by the board.	447

(3) Standards under which the board, upon written request	448
submitted to the board prior to July 1, 1994, by any school, may	449
exempt the school from the prohibition adopted pursuant to	450
division (P)(2) of this section with regard to any individual	451
full-time faculty member employed by the school who has	452
demonstrated outstanding teaching performance in the general study	453
portion of any degree program at the school for a period of at	454
least six years prior to July 1, 1993.	455

(4) Definitions of "full-time faculty member," "new faculty	456
member," and any other term the board considers necessary to	457
define.	458

(Q) Adopt a rule prohibiting a school or branch campus	459
thereof from claiming accreditation from an accrediting agency in	460
any of its advertising, recruiting, or promotional materials	461
unless the agency is recognized as an accrediting agency by the	462
United States department of education.	463

Sec. 3332.04.  The state board of proprietary school	464
registrationcareer colleges and schools may appoint an executive	465
director and such other staff as may be required for the	466
performance of the board's duties and provide necessary	467
facilities. In selecting an executive director, the board shall	468
appoint an individual with a background or experience in the	469
regulation of commerce, business, or education. The board may	470
also arrange for services and facilities to be provided by the	471
state board of education and the Ohio board of regents. All	472
receipts of the board shall be deposited in the state treasury to	473
the credit of the general revenue fund.	474

Sec. 3332.05.  (A) The state board of proprietary school	475
registrationcareer colleges and schools shall issue a certificate	476
of registration to an applicant of good reputation seeking to	477
offer one or more programs upon receipt of the fee established in	478
accordance with section 3332.07 of the Revised Code and upon	479
determining the applicant has the facilities, resources, and	480
faculty to provide students with the kind of instruction that it	481
proposes to offer and meets the minimum standards of the board. A	482
certificate of registration shall be granted or denied within one	483
hundred twenty days of the receipt of the application therefor by	484
the board. A person shall obtain a separate certificate for each	485
location at which the person offers programs. The first	486
certificate of registration issued on or after the effective date	487
of this amendmentJune 29, 1999, for each new location is valid	488
for one year, unless earlier revoked for cause by the board under	489
section 3332.09 of the Revised Code. Any other certificate of	490
registration is valid for two years, unless earlier revoked for	491
cause by the board under that section.	492

(B) The board shall issue program authorization for an	493
associate degree, certificate, or diploma program to an applicant	494
holding a certificate of registration issued pursuant to division	495
(A) of this section upon receipt of the fee established in	496
accordance with section 3332.07 of the Revised Code and upon	497
determining the applicant has the facilities, resources, and	498
faculty to provide students the kind of program it proposes to	499
offer and meets the minimum standards of the state board.	500

The state board shall promptly furnish the Ohio board of	501
regents a copy of all applications for issuance or renewal of	502
program authorization to offer any associate degree program. Prior	503
to the issuance or renewal of such program authorization the state	504
board shall conduct an on-site visit of the school proposing the	505
program. A representative of the board of regents shall	506
participate in the visit. Within twenty-one days of the on-site	507
visit the representative of the board of regents shall provide the	508
state board with a written statement recommending approval or	509
disapproval of the application.	510

Any program authorization issued by the board under this	511
division is valid only for the specified program at the location	512
for which it is issued and does not cover any other program	513
offered at the school or at other schools operated by the owner.	514
Program authorization is valid for the period of time specified by	515
the board, unless earlier suspended or revoked for cause by the	516
board under section 3332.09 of the Revised Code.	517

(C)(1) The state board shall accept and review applications	518
for program authorization for baccalaureate, master's, and	519
doctoral degree programs only from the following:	520

(a) Any school holding a certificate of registration issued	521
by the board that has held such certificate for the ten previous	522
consecutive years;	523

(b) Any school holding a certificate of registration issued	524
by the board that also holds an equivalent certificate issued by	525
another state and has held the equivalent certificate for the ten	526
previous consecutive years.	527

(2) After review the board shall refer any application it	528
finds valid to the Ohio board of regents for approval. The board	529
of regents shall review, and approve or disapprove, such degree	530
programs and if so approved, issue certificates of authorization	531
to such schools to offer such degree programs pursuant to Chapter	532
1713. of the Revised Code. The board of regents shall notify the	533
state board of proprietary school registrationcareer colleges and	534
schools of each school registered with the state board that	535
receives a certificate of authorization and the approval to offer	536
any degree program. Upon receipt of such notification and the fee	537
established in accordance with section 3332.07 of the Revised	538
Code, the state board shall review, and may issue program	539
authorization to offer, such a degree program. Any program	540
authorization issued by the board under this division is valid	541
only for the specified program at the location for which it is	542
issued and does not cover any other program offered at the school	543
or at other schools operated by the owner. Program authorization	544
is valid for the period of time specified by the board, unless	545
earlier suspended or revoked for cause by the board under section	546
3332.09 of the Revised Code. The state board shall not issue such	547
program authorization unless the degree program has been approved	548
by the board of regents.	549

(D) The board may cause an investigation to be made into the	550
correctness of the information submitted in any application	551
received under this section. If the board believes that false,	552
misleading, or incomplete information has been submitted to it in	553
connection with any application, the board shall conduct a hearing	554
on the matter pursuant to Chapter 119. of the Revised Code, and	555
may withhold a certificate of registration or program	556
authorization upon finding that the applicant has failed to meet	557
the standards for such certificate or program authorization or has	558
submitted false, misleading, or incomplete information to the	559
board. Application for a certificate of registration or program	560
authorization shall be made in writing to the board on forms	561
furnished by the board. A certificate of registration or program	562
authorization is not transferable and shall be prominently	563
displayed on the premises of an institution.	564

The board shall assign registration numbers to all schools	565
registered with it. Schools shall display their registration	566
numbers on all school publications and on all advertisements	567
bearing the name of the school.	568

Notwithstanding the requirements of this section for issuance	569
of certificates of registration and program authorization, the	570
board may, in accordance with rules adopted by it, grant	571
certificates of registration and program authorization to schools,	572
colleges, institutes, or universities that have been approved by	573
the state department of education pursuant to the "Act of March 3,	574
1966," 80 Stat. 20, 38 U.S.C.A. 1771.	575

Sec. 3332.051.  The state board of proprietary school	576
registrationcareer colleges and schools shall direct that a	577
written survey be obtained by schools subject to this chapter,	578
which shall be used to solicit comments from students enrolled at	579
such schools. The board shall establish the guidelines for the	580
survey by rule. The survey shall be designed to determine student	581
satisfaction with the quality of instruction, facilities, school	582
personnel, and business operations, including recruitment and	583
recruitment agents. The board shall adopt rules for the	584
administration of surveys and shall include provisions to ensure	585
student anonymity. Surveys shall be administered prior to the end	586
of each school year. Completed surveys shall be collected by the	587
holder of the certificate of registration or the director or	588
administrator of the school and shall be compiled by the school.	589
Each school shall retain the surveys and the compiled results on	590
file for at least three years and shall make them available to the	591
state board for examination upon request. The holder of a	592
certificate of registration shall be responsible for ensuring that	593
completed surveys are in no way altered.	594

Sec. 3332.06.  (A)(1) No program shall be established,	595
offered, or given for a charge, fee, or other contribution; no	596
certificate, diploma, degree, or other written evidence of	597
proficiency or achievement shall be offered whether in a specified	598
place, by correspondence, or any other means of communication, or	599
awarded; and no student enrollment in such program shall be	600
solicited through advertising, agents, mail circulars, or other	601
means, until the person planning to offer or offering such	602
program, certificate, diploma, or degree has obtained a	603
certificate of registration and appropriate program authorization	604
in accordance with section 3332.05 of the Revised Code. No school	605
shall offer a baccalaureate, master's, or doctoral degree program	606
unless it has received a certificate of authorization from the	607
Ohio board of regents and program authorization from the state	608
board of proprietary school registrationcareer colleges and	609
schools.	610

(2) No institution receiving a certificate of registration	611
after July 28, 1989, shall call itself a "university" unless it	612
meets all of the following conditions:	613

(a) It also holds an equivalent certificate issued by	614
another state;	615

(b) It calls itself a "university" in that other state, as	616
permitted under the terms of the other state's certificate;	617

(c) It has been issued degree program authorization under	618
division (C) of section 3332.05 of the Revised Code.	619

(B) The board shall petition the court of common pleas of	620
the county in which a person or agent, as defined in section	621
3332.01 of the Revised Code, offers one or more programs subject	622
to this chapter or advertises for the offering of such programs	623
without a certificate of registration and program authorization,	624
for an order enjoining such offering or advertising. The court	625
may grant such injunctive relief upon a showing that the	626
respondent named in the petition is offering or advertising one or	627
more programs without a certificate of registration and program	628
authorization.	629

Sec. 3332.07.  (A) Each application for issuance and renewal	630
of a certificate of registration, for the issuance and renewal of	631
program authorization, for issuance and renewal of agent's	632
permits, and for any other service specified by the state board of	633
proprietary school registrationcareer colleges and schools shall	634
be accompanied by the required fee. Fees submitted under this	635
section are not returnable even if approval or renewal is denied.	636

(B) Fee schedules for the issuance and renewal of	637
certificates of registration, for the issuance and renewal of	638
program authorization, for issuance and renewal of agent's	639
permits, and for any other service specified by the board shall be	640
established by rule adopted by the state board. The fee for a	641
one-year certificate of registration shall be one-half the fee for	642
a two-year certificate.	643

(C) If in any fiscal year the amount received in fees under	644
this section does not equal or exceed fifty per cent of board	645
expenditures for the fiscal year, the board shall increase fees	646
for the ensuing fiscal year by an amount estimated to be	647
sufficient to produce revenues equal to fifty per cent of	648
estimated expenditures for that ensuing fiscal year.	649

Sec. 3332.08.  The application for a certificate of	650
registration shall be accompanied by a surety bond in the penal	651
sum of ten thousand dollars with conditions and in a form	652
prescribed by the state board of proprietary school registration	653
career colleges and schools with at least one corporate bonding	654
company approved by the department of insurance as surety thereon.	655
Bond shall be maintained in effect for three years by any school	656
that has existed under the same ownership for five years	657
immediately before the effective date of this amendment, for five	658
years after the effective date of this amendment, or its later	659
original registration, for any other school; and for five years	660
after the approval of a change of ownership of any schoola period	661
specified by rule of the board. The board may permit a school to	662
cancel its bond if the school has been approved to participate in	663
any federal student financial assistance program authorized under	664
Title IV of the "Higher Education Act of 1965," 20 U.S.C.A. 1070	665
et seq., as amended, or if the school meets standards of financial	666
responsibility otherwise established by the board. The bond shall	667
provide for the indemnification of any person suffering loss as	668
the result of any fraud or misrepresentation used in behalf of the	669
principal in procuring such person's enrollment in a program,	670
including repayment of tuition paid in advance by any student.	671

The liability of the surety on such bond for the school	672
covered shall not exceed the sum of ten thousand dollars as an	673
aggregate for all students for all breaches of the conditions of	674
the bond by the school. The term of the bond shall be continuous,	675
but it shall be subject to cancellation by the surety in the	676
manner described in this section. The bond shall provide blanket	677
coverage for the acts of all persons engaged as agents of the	678
school without naming them and without regard to the time they are	679
engaged during the term of the bond.	680

The surety may terminate the bond upon giving a sixty-day	681
written notice to the principal and to the state board of	682
proprietary school registrationcareer colleges and schools, but	683
the liability of the surety for acts of the principal and its	684
agents continues during the sixty days of cancellation notice. The	685
notice does not absolve the surety from liability which accrues	686
before the cancellation becomes final but which is discovered	687
after that date and which may have arisen at any time during the	688
term of the bond. Unless the bond is replaced by that of another	689
surety before the expiration of the sixty days notice of	690
cancellation, the certificate of registration shall be suspended.	691
Any person subject to this section required to file a bond with an	692
application for a certificate of registration may file, in lieu	693
thereof, cash, a certificate of deposit, letter of credit, or	694
government bonds in the amount of ten thousand dollars. The	695
deposit is subject to the same terms and conditions as are	696
provided for in the surety bond required herein. Any interest or	697
earnings on such deposits are payable to the depositor.	698

Sec. 3332.081.  The student tuition recovery authority is	699
created as a body corporate and politic of this state. The	700
purpose of the authority is to protect students of any school	701
registered by the state board of proprietary school registration	702
career colleges and schools from prepaid tuition loss for the	703
academic term, whether due to business failure or any other reason	704
for which the student is not legally responsiblea school closure.	705

The authority shall consist of five members as follows: the	706
executive director of the state board of proprietary school	707
registrationcareer colleges and schools, the executive director	708
of the Ohio council of privateassociation of career colleges and	709
schools, the treasurer of state or histhe treasurer of state's	710
designee, the chairmanchairperson of the senate committee that	711
primarily deals with education, and the chairmanchairperson of	712
the committee of the house of representatives that primarily deals	713
with education. The chairpersons of the legislative committees	714
that primarily deal with education shall be nonvoting ex officio	715
members. Each voting member of the authority, before entering	716
upon histhe member's official duties, shall take an oath as	717
provided by Section 7 of Article XV, Ohio Constitution. The	718
authority shall elect one of its voting members as chairman	719
chairperson and another as vice-chairmanvice-chairperson, and	720
shall appoint a secretary-treasurer who need not be a member of	721
the authority.	722

All meetings of the authority shall be public. All final	723
actions of the authority shall be journalized and such journal and	724
the records of the authority shall be open to public inspection at	725
all reasonable times.	726

Sec. 3332.082.  The state board of proprietary school	727
registrationcareer colleges and schools may pursue any lawful	728
means of assuring that students of any school registered by the	729
state board do not suffer prepaid tuition loss as a result of a	730
business failure or other defaultthe closure of a school. This	731
may include lawsuits against a school or any individual who may	732
reasonably have liability as a result of the default, in which the	733
attorney general shall advise and represent the board. Any student	734
seeking reimbursement for a prepaid tuition loss shall submit a	735
claim for reimbursement to the board not later than one year	736
following the school's closure.	737

On and after January 1, 1991, anyAny reimbursement for a	738
prepaid tuition loss or advance against a possible prepaid tuition	739
loss of a student, and any expenses reasonably incurred by the	740
board in its pursuit of any remedy, shall be paid from the student	741
tuition recovery fund created by section 3332.083 of the Revised	742
Code. ThisTuition loss does not include moneys held by a school	743
in escrow accounts for tuition or fees for future terms, as	744
uncommitted grants, loans, or Pell grant money. If the fund is	745
not of sufficient size to pay the students the full amount of	746
their prepaid fee, the studentsstudent tuition recovery authority	747
shall determine the percentage of the amount that will be paid.	748

Any money recovered from the defaulting school, any	749
individual with liability for the default, or the surety under a	750
bond provided under section 3332.08 of the Revised Code shall be	751
deposited into the fund.	752

Sec. 3332.083.  The student tuition recovery fund is created	753
in the custody of the treasurer of state, but not as a part of the	754
state treasury. All revenues received from payments recieved	755
received under section 3332.085 of the Revised Code from schools	756
registered by the state board of proprietary school registration	757
career colleges and schools and any other sources shall be	758
deposited into the fund. The treasurer of state shall invest any	759
portion of the fund not needed for immediate use in the same	760
manner as in the investment of state funds. All investment	761
earnings of the fund shall be credited to the fund. The treasurer	762
of state shall disburse money from the fund on order of the	763
chairmanchairperson of the student tuition recovery authority or	764
histhe chairperson's designee.	765

All moneys and other assets acquired by the authority shall	766
be held in trust to carry out its powers and duties and shall be	767
used and reused to provide for the services described in this	768
chapter.	769

Sec. 3332.085.  (A) Not later than the thirty-first day of	770
August in each year, each school registered by the state board of	771
proprietary school registrationcareer colleges and schools shall	772
pay into the student tuition recovery fund in the following	773
amounts:	774

(1) Schools initially registered or sold on or after July	775
28, 1989, for the first five payments $500;	776

(2) Any other school, according to its prior year's tuition	777
receipts:	778

Checks shall be made payable to the student tuition recovery	783
fund and sent to the executive director of the state board, who	784
shall promptly forward all such receipts to the treasurer of	785
state. Failure of a school to make a payment is cause for	786
cancellation of its certificate of registration.	787

(B) The student tuition recovery authority may impose a	788
special assessment on the schools in an amount up to the amount of	789
an annual contribution if the draw on the money exceeds the money	790
on hand.	791

(C) Once the fund has assets in excess of liabilities of	792
approximately one million dollars, the authority may:	793

(1) Reduce or eliminate the annual contributions, except on	794
institutions that are required to contribute to the fund for at	795
least a five-year period. The reduction in contributions to the	796
fund will be at the discretion of the authority but they will be	797
guided by the objective to maintain assets in excess of	798
liabilities of approximately one million dollars.	799

(2) Utilize moneys in excess of the assets required to be	800
maintained in the fund by division (C)(1) of this section for the	801
purposes of disseminating consumer information about proprietary	802
private career schools and maintaining student records from closed	803
schools.	804

Sec. 3332.09.  The state board of proprietary school	805
registrationcareer colleges and schools may limit, suspend,	806
revoke, or refuse to issue or renew a certificate of registration	807
or program authorization or may impose a penalty pursuant to	808
section 3332.091 of the Revised Code for any one or combination of	809
the following causes:	810

(A) Violation of any provision of sections 3332.01 to	811
3332.09 of the Revised Code, the board's minimum standards, or any	812
rule made by the board;	813

(B) Furnishing of false, misleading, deceptive, altered, or	814
incomplete information or documents to the board;	815

(C) The signing of an application or the holding of a	816
certificate of registration by a person who has pleaded guilty or	817
has been found guilty of a felony or has pleaded guilty or been	818
found guilty of a crime involving moral turpitude;	819

(D) The signing of an application or the holding of a	820
certificate of registration by a person who is addicted to the use	821
of any controlled substance, or who is found to be mentally	822
incompetent;	823

(E) Violation of any commitment made in an application for a	824
certificate of registration or program authorization;	825

(F) Presenting to prospective students, either at the time	826
of solicitation or enrollment, or through advertising, mail	827
circulars, or phone solicitation, misleading, deceptive, false, or	828
fraudulent information relating to any program, employment	829
opportunity, or opportunities for enrollment in accredited	830
institutions of higher education after entering or completing	831
programs offered by the holder of a certificate of registration;	832

(G) Failure to provide or maintain premises or equipment for	833
offering programs in a safe and sanitary condition;	834

(H) Refusal by an agent to display the agent's permit upon	835
demand of a prospective student or other interested person;	836

(I) Failure to maintain financial resources adequate for the	837
satisfactory conduct of programs as presented in the plan of	838
operation or to retain a sufficient number and qualified staff of	839
instruction, except that nothing in this chapter requires an	840
instructor to be licensed by the state board of education or to	841
hold any type of post-high school degree;	842

(J) Offering training or programs other than those presented	843
in the application, except that schools may offer special courses	844
adapted to the needs of individual students when the special	845
courses are in the subject field specified in the application;	846

(K) Discrimination in the acceptance of students upon the	847
basis of race, color, religion, sex, or national origin;	848

(L) Accepting the services of an agent not holding a valid	849
permit issued under section 3332.10 or 3332.11 of the Revised	850
Code;	851

(M) The use of monetary or other valuable consideration by	852
the school's agents or representatives to induce prospective	853
students to enroll in the school, or the practice of awarding	854
monetary or other valuable considerations without board approval	855
to students in exchange for procuring the enrollment of others;	856

(N) Failure to provide at the request of the board, any	857
information, records, or files pertaining to the operation of the	858
school or recruitment and enrollment of students.	859

If the board modifies or adopts additional minimum standards	860
or rules pursuant to section 3332.031 of the Revised Code, all	861
schools and agents shall have sixty days from the effective date	862
of the modifications or additional standards or rules to comply	863
with such modifications or additions.	864

Sec. 3332.091.  (A)(1) Any person adversely affected by the	865
actions of a certificate holder may file a complaint with the	866
state board of proprietary school registrationcareer colleges and	867
schools alleging that any school registered with the board has	868
violated any provision of section 3332.09 of the Revised Code. The	869
complaint shall be in writing and signed by the complainant and	870
shall be filed with the board within six months after the	871
violations allegedly were committed. Upon receiving a complaint,	872
the board shall initiate a preliminary investigation to determine	873
whether it is probable that violations were committed. If the	874
board determines after preliminary investigation that it is not	875
probable that any violations were committed, it shall notify the	876
person who filed the complaint that it has so determined and that	877
it will not issue a formal complaint in the matter.	878

If the board determines after a preliminary investigation	879
that it is probable that violations were committed, it may issue a	880
formal complaint under division (A)(2) of this section or it may	881
endeavor to eliminate such practices by informal methods of	882
conference, conciliation, and persuasion. Nothing said or done	883
during these endeavors shall be disclosed by any member of the	884
board or its staff or be used as evidence in any subsequent	885
proceedings. If, after such investigation and conference, the	886
board is satisfied that such violations will be eliminated, it may	887
treat the complaint as conciliated, and entry of such disposition	888
shall be made in the records of the board.	889

(2) If as a result of any informal methods utilized under	890
division (A)(1) of this section, the board fails to effect the	891
elimination of violations or fails to obtain voluntary compliance	892
with this chapter, the board shall issue a formal complaint to the	893
holder of a certificate of registration of the school under	894
investigation. The formal complaint shall state the charges	895
against the school and requiregrant the certificate holder the	896
opportunity to appear before the board at a public hearing	897
pursuant to Chapter 119. of the Revised Code. The board shall	898
hold the public hearing not sooner than thirty days after issuance	899
of the formal complaint. Any formal complaint issued pursuant to	900
this section must be issued within one year after the state	901
board's receipt of a complaint from a person adversely affected by	902
the actions of a certificate holder.	903

If at the time of issuing a formal complaint, the board has	904
reasonable cause to believe that the violations that are the	905
subject of the complaint will continue and constitute an immediate	906
threat to the welfare of current and prospective students, the	907
board, for a period not to exceed the lesser of ninety days or the	908
period of time until a final adjudication order dismissing the	909
complaint or imposing a penalty is issued under this section, may:	910

(a) Issue an order prohibiting the school's agents from	911
personally contacting students;	912

(b) Issue an order prohibiting the school from using any	913
advertising, recruiting, or promotional materials unless such	914
materials have been approved by the board. The board must approve	915
or disapprove any materials submitted to it under such an order	916
within thirty days of their receipt.	917

(c) Issue an order prohibiting the operation of a school.

918

If, after a public hearing, the board determines that the	919
holder of a certificate of registration has violated any provision	920
of section 3332.09 of the Revised Code, the board shall issue a	921
final adjudication order levying a civil penalty pursuant to	922
division (B) of this section or limiting, suspending, or revoking	923
the certificate of registration or program authorization or any	924
combination thereof. The board may impose additional penalties	925
including but not necessarily limited to curtailment of	926
advertising, and discontinuation of enrollment of students in	927
specific programs. Upon suspension or revocation, the board	928
immediately shall also issue an order pursuant to Chapter 119. of	929
the Revised Code requiring such person immediately to cease all	930
sales, advertising, and enrollment activities.	931

(B) Pursuant to division (A) of this section, the board may	932
impose a civil penalty of not less than one thousand nor more than	933
three thousand five hundred dollars for each violation of section	934
3332.09 of the Revised Code, but not to exceed an aggregate	935
penalty of thirty-five thousand dollars in any six-month period.	936

(C) The board shall prepare an annual report that documents	937
the disposition of all complaints, their status, board action, and	938
the elapsed time from the initial filing of the complaint until	939
final resolution. The report shall be made available to anyone	940
upon request.	941

(D) The board may, upon its own initiative and independent	942
of the filing of any complaints, conduct a preliminary	943
investigation relating to any possible violations of section	944
3332.09 of the Revised Code.	945

At any time while a school is in session, the board or its	946
designee may conduct on-site inspections and reviews of a school	947
and its courses of instruction. The board shall conduct such	948
visits and reviews, including visits without prior notice to the	949
schools, as necessary to ensure compliance with this chapter.	950

All books, records, and files of a school shall be open for	951
inspection by the board, its designees, or staff during on-site	952
inspections, or whenever requested by the board for the purpose of	953
ensuring compliance with the provisions of this chapter.	954

For the purpose of conducting any investigation, inspection,	955
or review, the board may administer oaths, take the testimony of	956
any person under oath, issue subpoenas, compel the attendance of	957
witnesses, or require the production for examination of any books	958
and papers relating to any matter under investigation or in	959
question before the board.	960

(E) During the course of any investigation under division	961
(A) or (D) of this section, the board shall refer all possible	962
violations of Chapter 1345. of the Revised Code to the attorney	963
general.	964

Sec. 3332.092.  Any school subject to this chapter receiving	965
money under section 3333.12 of the Revised Code on behalf of a	966
student who is determined by the state board of proprietary school	967
registrationcareer colleges and schools to be ineligible under	968
such section because the program in which hethe student is	969
enrolled does not lead to an associate or baccalaureate degree,	970
shall be liable to the state for the amount specified in section	971
3333.12 of the Revised Code. The state board of proprietary	972
school registrationcareer colleges and schools shall suspend the	973
certificate of registration of a school receiving money under	974
section 3333.12 of the Revised Code for such ineligible student	975
until such time as the money is repaid to the Ohio board of	976
regents.	977

Sec. 3332.10.  (A) No individual shall sell any program or	978
solicit students therefor in this state unless hethe individual	979
is an employee of the school. Any individual whose primary duty,	980
whether on or off school premises, is to solicit prospective	981
students shall first secure a permit as an agent from the state	982
board of proprietary school registrationcareer colleges and	983
schools. If the agent represents more than one school, a separate	984
permit shall be obtained for each school represented by himthe	985
agent. An agent who represents a person that operates more than	986
one school in the same geographical area, as determined by the	987
board, need not obtain a separate permit for each such school.	988
Upon approval for a permit, the board shall issue a pocket card to	989
the individual, giving histhe individual's name, address, permit	990
number, and the name and address of histhe employing school, and	991
certifying that the individual whose name appears on the card is	992
an authorized agent of the school.	993

(B) The application for a permit shall be made on forms to	994
be furnished by the board and accompanied by the fee established	995
in accordance with section 3332.07 of the Revised Code and a	996
surety bond acceptable to the board in the penal sum of one	997
thousand dollars. A permit shall be renewed every twelve months	998
and shall be valid for up to thirty days after its expiration	999
date. The surety bond may be continuous and shall be conditioned	1000
to provide indemnification to any student suffering loss as a	1001
result of any fraud or misrepresentation used in procuring his	1002
enrollment, and may be supplied by an agent of a school or by the	1003
school itself as a blanket bond covering all of its agents in the	1004
amount of one thousand dollars for each agent. The liability of	1005
the surety on such bond for each agent covered shall not exceed	1006
the sum of one thousand dollars as an aggregate for all students	1007
for all breaches of the conditions of the bond by such agents. The	1008
surety of any such bond may cancel the same upon giving thirty	1009
days' notice in writing to the board and is relieved of liability	1010
for any breach of condition occurring after the effective date of	1011
the cancellation. An application for renewal shall be accompanied	1012
by the fee established in accordance with section 3332.07 of the	1013
Revised Code and a surety bond as provided in this section, if a	1014
continuous bond has not been furnished.	1015

(C) Each school subject to this chapter shall assume full	1016
responsibility for the actions, statements, and conduct of its	1017
agents, and shall provide them with adequate training and arrange	1018
for proper supervision of their work. The board shall hold	1019
schools liable for the actions, statements, and conduct of agents	1020
that violate any provision of this chapter, unless an agent's acts	1021
or omissions were manifestly outside the scope of histhe agent's	1022
employment or official responsibilities.	1023

Sec. 3332.11.  Any agent's permit applied for pursuant to	1024
section 3332.10 of the Revised Code shall be granted or denied	1025
within thirty days of the receipt of the application by the state	1026
board of proprietary school registrationcareer colleges and	1027
schools. If the board has not completed its determination with	1028
respect to the issuance of a permit within such thirty-day period,	1029
it shall issue a temporary permit to the applicant, which permit	1030
is sufficient to meet the requirements of section 3332.10 of the	1031
Revised Code until such time as such determination is made.	1032

No permit shall be issued to any person found by the board	1033
not to be of good moral character.	1034

Sec. 3332.12.  Any agent's permit issued may be suspended or	1035
revoked by the state board of proprietary school registration	1036
career colleges and schools if the holder of the permit solicits	1037
or enrolls students through fraud, deception, or	1038
misrepresentation, upon a finding that the permit holder has	1039
violated any provision enumerated in division (A), (B), (F), (H),	1040
(J), (K), or (M) of section 3332.09 of the Revised Code, or upon	1041
finding that the permit holder is not of good moral character.	1042

Upon receipt of any written complaint from any person, the	1043
board shall conduct a preliminary investigation. If after such	1044
investigation or if as a result of any investigation conducted	1045
under division (A) or (D) of section 3332.091 of the Revised Code,	1046
the board determines it is probable violations were committed, the	1047
board shall hold informal conferences in the same manner as	1048
provided in section 3332.091 of the Revised Code with an agent	1049
believed to be in violation of one or more of the above	1050
conditions. If after sixty days these conferences fail to	1051
eliminate the agent's objectionable practices or procedures, the	1052
board shall issue a formal complaint to the agent and the school	1053
that employs the agent. The formal complaint shall state the	1054
charges against the agent and the holder of the certificate	1055
certificate of registration of the school and shall require them	1056
to appear before the board at a public hearing pursuant to Chapter	1057
119. of the Revised Code. If, after the public hearing, the board	1058
determines that an agent has violated one or more of the	1059
provisions described above, the board shall suspend or revoke the	1060
agent's permit.	1061

If after such hearing the board also determines that the	1062
school at which the agent was employed was negligent in its	1063
supervision of the agent or encouraged or caused the commission of	1064
the violations, the board shall levy penalties against such school	1065
in accordance with division (A) of section 3332.091 of the Revised	1066
Code. Nothing said or done in the informal conferences shall be	1067
disclosed by the board or any member of its staff nor be used as	1068
evidence in any subsequent proceedings.	1069

Sec. 3332.13.  The fact that a bond is in force pursuant to	1070
section 3332.103332.08 of the Revised Code does not limit nor	1071
impair any right of recovery otherwise available pursuant to law,	1072
nor is the amount of such bond relevant in determining the amount	1073
of damages or other relief to which any plaintiff may be entitled.	1074

Sec. 3332.18.  On receipt of a notice pursuant to section	1075
3123.43 of the Revised Code, the state board of proprietary school	1076
registrationcareer colleges and schools shall comply with	1077
sections 3123.41 to 3123.50 of the Revised Code and any applicable	1078
rules adopted under section 3123.63 of the Revised Code with	1079
respect to a permit issued pursuant to this chapter.	1080

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

1081

(1) "Institution of higher education" means the state	1082
universities listed in section 3345.011 of the Revised Code,	1083
municipal educational institutions established under Chapter 3349.	1084
of the Revised Code, community colleges established under Chapter	1085
3354. of the Revised Code, university branches established under	1086
Chapter 3355. of the Revised Code, technical colleges established	1087
under Chapter 3357. of the Revised Code, state community colleges	1088
established under Chapter 3358. of the Revised Code, any	1089
institution of higher education with a certificate of registration	1090
from the state board of proprietary school registrationcareer	1091
colleges and schools, and any institution for which the Ohio board	1092
of regents receives a notice pursuant to division (C) of this	1093
section.	1094

(2) "Community service" has the same meaning as in section	1095
3313.605 of the Revised Code.	1096

(B)(1) The board of trustees or other governing entity of	1097
each institution of higher education shall encourage and promote	1098
participation of students in community service through a program	1099
appropriate to the mission, student population, and environment of	1100
each institution. The program may include, but not be limited to,	1101
providing information about community service opportunities during	1102
student orientation or in student publications; providing awards	1103
for exemplary community service; encouraging faculty members to	1104
incorporate community service into students' academic experiences	1105
wherever appropriate to the curriculum; encouraging recognized	1106
student organizations to undertake community service projects as	1107
part of their purposes; and establishing advisory committees of	1108
students, faculty members, and community and business leaders to	1109
develop cooperative programs that benefit the community and	1110
enhance student experience. The program shall be flexible in	1111
design so as to permit participation by the greatest possible	1112
number of students, including part-time students and students for	1113
whom participation may be difficult due to financial, academic,	1114
personal, or other considerations. The program shall emphasize	1115
community service opportunities that can most effectively use the	1116
skills of students, such as tutoring or literacy programs. The	1117
programs shall encourage students to perform services that will	1118
not supplant the hiring of, result in the displacement of, or	1119
impair any existing employment contracts of any particular	1120
employee of any private or governmental entity for which services	1121
are performed.	1122

(2) The Ohio board of regents shall encourage all	1123
institutions of higher education in the development of community	1124
service programs. With the assistance of the Ohio community	1125
service council created in section 121.40 of the Revised Code,	1126
the board of regents shall make available information about higher	1127
education community service programs to institutions of higher	1128
education and to statewide organizations involved with or	1129
promoting volunteerism, including information about model	1130
community service programs, teacher training courses, and	1131
community service curricula and teaching materials for possible	1132
use by institutions of higher education in their programs. The	1133
board shall encourage institutions of higher education to jointly	1134
coordinate higher education community service programs through	1135
consortia of institutions or other appropriate means of	1136
coordination.	1137

(C) The board of trustees of any nonprofit institution with	1138
a certificate of authorization issued by the Ohio board of regents	1139
pursuant to Chapter 1713. of the Revised Code or the governing	1140
authority of a private institution exempt from regulation under	1141
Chapter 3332. of the Revised Code as prescribed in section	1142
3333.046 of the Revised Code may notify the board of regents that	1143
it is making itself subject to divisions (A) and (B) of this	1144
section. Upon receipt of such a notice, these divisions shall	1145
apply to that institution.	1146

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

1147

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

1148

(a) An Ohio resident;

1149

(b) Enrolled in either of the following:

1150

(i) An accredited institution of higher education in this	1151
state that meets the requirements of Title VI of the Civil Rights	1152
Act of 1964 and is state-assisted, is nonprofit and has a	1153
certificate of authorization from the Ohio board of regents	1154
pursuant to Chapter 1713. of the Revised Code, has a certificate	1155
of registration from the state board of proprietary school	1156
registrationcareer colleges and schools and program authorization	1157
to award an associate or bachelor's degree, or is a private	1158
institution exempt from regulation under Chapter 3332. of the	1159
Revised Code as prescribed in section 3333.046 of the Revised	1160
Code. Students who attend an institution that holds a certificate	1161
of registration shall be enrolled in a program leading to an	1162
associate or bachelor's degree for which associate or bachelor's	1163
degree program the institution has program authorization issued	1164
under section 3332.05 of the Revised Code.	1165

(ii) A technical education program of at least two years	1166
duration sponsored by a private institution of higher education in	1167
this state that meets the requirements of Title VI of the Civil	1168
Rights Act of 1964.	1169

(c) Enrolled as a full-time student or enrolled as a less	1170
than full-time student for the term expected to be the student's	1171
final term of enrollment and is enrolled for the number of credit	1172
hours necessary to complete the requirements of the program in	1173
which the student is enrolled.	1174

(2) "Gross income" includes all taxable and nontaxable income	1175
of the parents, the student, and the student's spouse, except	1176
income derived from an Ohio academic scholarship, income earned by	1177
the student between the last day of the spring term and the first	1178
day of the fall term, and other income exclusions designated by	1179
the board. Gross income may be verified to the board by the	1180
institution in which the student is enrolled using the federal	1181
financial aid eligibility verification process or by other means	1182
satisfactory to the board.	1183

(3) "Resident," "full-time student," "dependent,"	1184
"financially independent," and "accredited" shall be defined by	1185
rules adopted by the board.	1186

(B) The Ohio board of regents shall establish and administer	1187
an instructional grant program and may adopt rules to carry out	1188
this section. The general assembly shall support the	1189
instructional grant program by such sums and in such manner as it	1190
may provide, but the board may also receive funds from other	1191
sources to support the program. If the amounts available for	1192
support of the program are inadequate to provide grants to all	1193
eligible students, preference in the payment of grants shall be	1194
given in terms of income, beginning with the lowest income	1195
category of gross income and proceeding upward by category to the	1196
highest gross income category.	1197

An instructional grant shall be paid to an eligible student	1198
through the institution in which the student is enrolled, except	1199
that no instructional grant shall be paid to any person serving a	1200
term of imprisonment. Applications for such grants shall be made	1201
as prescribed by the board, and such applications may be made in	1202
conjunction with and upon the basis of information provided in	1203
conjunction with student assistance programs funded by agencies of	1204
the United States government or from financial resources of the	1205
institution of higher education. The institution shall certify	1206
that the student applicant meets the requirements set forth in	1207
divisions (A)(1)(b) and (c) of this section. Instructional grants	1208
shall be provided to an eligible student only as long as the	1209
student is making appropriate progress toward a nursing diploma or	1210
an associate or bachelor's degree. No student shall be eligible	1211
to receive a grant for more than ten semesters, fifteen quarters,	1212
or the equivalent of five academic years. A grant made to an	1213
eligible student on the basis of less than full-time enrollment	1214
shall be based on the number of credit hours for which the student	1215
is enrolled and shall be computed in accordance with a formula	1216
adopted by the board. No student shall receive more than one	1217
grant on the basis of less than full-time enrollment.	1218

An instructional grant shall not exceed the total	1219
instructional and general charges of the institution.	1220

(C) The tables in this division prescribe the maximum grant	1221
amounts covering two semesters, three quarters, or a comparable	1222
portion of one academic year. Grant amounts for additional terms	1223
in the same academic year shall be determined under division (D)	1224
of this section.	1225

For a full-time student who is a dependent and enrolled in a	1226
nonprofit educational institution that is not a state-assisted	1227
institution and that has a certificate of authorization issued	1228
pursuant to Chapter 1713. of the Revised Code, the amount of the	1229
instructional grant for two semesters, three quarters, or a	1230
comparable portion of the academic year shall be determined in	1231
accordance with the following table:	1232

Private Institution

1234

Table of Grants

1235

For a full-time student who is financially independent and	1256
enrolled in a nonprofit educational institution that is not a	1257
state-assisted institution and that has a certificate of	1258
authorization issued pursuant to Chapter 1713. of the Revised	1259
Code, the amount of the instructional grant for two semesters,	1260
three quarters, or a comparable portion of the academic year shall	1261
be determined in accordance with the following table:	1262

Private Institution

1264

Table of Grants

1265

For a full-time student who is a dependent and enrolled in an	1287
educational institution that holds a certificate of registration	1288
from the state board of proprietary school registrationcareer	1289
colleges and schools or a private institution exempt from	1290
regulation under Chapter 3332. of the Revised Code as prescribed	1291
in section 3333.046 of the Revised Code, the amount of the	1292
instructional grant for two semesters, three quarters, or a	1293
comparable portion of the academic year shall be determined in	1294
accordance with the following table:	1295

Proprietary Career Institution

1296

Table of Grants

1297

For a full-time student who is financially independent and	1318
enrolled in an educational institution that holds a certificate of	1319
registration from the state board of proprietary school	1320
registrationcareer colleges and schools or a private institution	1321
exempt from regulation under Chapter 3332. of the Revised Code as	1322
prescribed in section 3333.046 of the Revised Code, the amount of	1323
the instructional grant for two semesters, three quarters, or a	1324
comparable portion of the academic year shall be determined in	1325
accordance with the following table:	1326

Proprietary Career Institution

1327

Table of Grants

1328

For a full-time student who is a dependent and enrolled in a	1350
state-assisted educational institution, the amount of the	1351
instructional grant for two semesters, three quarters, or a	1352
comparable portion of the academic year shall be determined in	1353
accordance with the following table:	1354

Public Institution

1355

Table of Grants

1356

For a full-time student who is financially independent and	1377
enrolled in a state-assisted educational institution, the amount	1378
of the instructional grant for two semesters, three quarters, or a	1379
comparable portion of the academic year shall be determined in	1380
accordance with the following table:	1381

Public Institution

1382

Table of Grants

1383

(D) For a full-time student enrolled in an eligible	1405
institution for a semester or quarter in addition to the portion	1406
of the academic year covered by a grant determined under division	1407
(C) of this section, the maximum grant amount shall be a	1408
percentage of the maximum prescribed in the applicable table of	1409
that division. The maximum grant for a fourth quarter shall be	1410
one-third of the maximum amount prescribed under that division.	1411
The maximum grant for a third semester shall be one-half of the	1412
maximum amount prescribed under that division.	1413

(E) No grant shall be made to any student in a course of	1414
study in theology, religion, or other field of preparation for a	1415
religious profession unless such course of study leads to an	1416
accredited bachelor of arts, bachelor of science, associate of	1417
arts, or associate of science degree.	1418

(F)(1) Except as provided in division (F)(2) of this	1419
section, no grant shall be made to any student for enrollment	1420
during a fiscal year in an institution with a cohort default rate	1421
determined by the United States secretary of education pursuant to	1422
the "Higher Education Amendments of 1986," 100 Stat. 1278, 1408,	1423
20 U.S.C.A. 1085, as amended, as of the fifteenth day of June	1424
preceding the fiscal year, equal to or greater than thirty per	1425
cent for each of the preceding two fiscal years.	1426

(2) Division (F)(1) of this section does not apply to the	1427
following:	1428

(a) Any student enrolled in an institution that under the	1429
federal law appeals its loss of eligibility for federal financial	1430
aid and the United States secretary of education determines its	1431
cohort default rate after recalculation is lower than the rate	1432
specified in division (F)(1) of this section or the secretary	1433
determines due to mitigating circumstances the institution may	1434
continue to participate in federal financial aid programs. The	1435
board shall adopt rules requiring institutions to provide	1436
information regarding an appeal to the board.	1437

(b) Any student who has previously received a grant under	1438
this section who meets all other requirements of this section.	1439

(3) The board shall adopt rules for the notification of all	1440
institutions whose students will be ineligible to participate in	1441
the grant program pursuant to division (F)(1) of this section.	1442

(4) A student's attendance at an institution whose students	1443
lose eligibility for grants under division (F)(1) of this section	1444
shall not affect that student's eligibility to receive a grant	1445
when enrolled in another institution.	1446

(G) Institutions of higher education that enroll students	1447
receiving instructional grants under this section shall report to	1448
the board all students who have received instructional grants but	1449
are no longer eligible for all or part of such grants and shall	1450
refund any moneys due the state within thirty days after the	1451
beginning of the quarter or term immediately following the quarter	1452
or term in which the student was no longer eligible to receive all	1453
or part of the student's grant. There shall be an interest charge	1454
of one per cent per month on all moneys due and payable after such	1455
thirty-day period. The board shall immediately notify the office	1456
of budget and management and the legislative service commission	1457
of all refunds so received.	1458

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

1459

(1) "Resident" has the meaning established for purposes of	1460
this section by rule of the Ohio board of regents.	1461

(2) "Eligible institution" means either:

1462

(a) A private career school registered in accordance with	1463
section 3332.05 of the Revised Code;	1464

(b) A private institution exempt from regulation under	1465
Chapter 3332. of the Revised Code as prescribed in section	1466
3333.046 of the Revised Code.	1467

(B) Beginning July 1, 2000, theThe Ohio board of regents	1468
shall establish and administer the student workforce development	1469
grant program and shall adopt rules for the administration of the	1470
program. Such rules shall be similar to the rules the Ohio board	1471
of regents adopts under section 3333.27 of the Revised Code.	1472

(C) The Ohio board of regents may make a grant to any	1473
resident of this state who is enrolled as a full-time student in	1474
an authorized baccalaureate degree or associate degree program at	1475
an eligible institution and who maintains an academic record that	1476
meets or exceeds a standard established by rule of the state board	1477
of proprietary school registration, except that no grant shall be	1478
made to any individual who was enrolled as a student in an	1479
eligible institution before July 1, 2000career colleges and	1480
schools. The size of an annual grant award shall be determined by	1481
the Ohio board of regents based on the amount of funds available	1482
for the program. The grant shall be prorated and paid in equal	1483
installments per academic term in accordance with division (E) of	1484
this section.	1485

(D) The Ohio board of regents shall prescribe the form and	1486
manner of application for grants and shall provide a method for	1487
eligible institutions to certify applicants who are enrolled in	1488
authorized baccalaureate degree or associate degree programs and	1489
have academic records meeting or exceeding the standard	1490
established by the state board of proprietary school registration	1491
career colleges and schools.	1492

(E) A grant awarded to an eligible student shall be paid to	1493
the eligible institution in which the student is enrolled, and	1494
the institution shall reduce the student's instructional and	1495
general charges by the amount of the grant. Each grant awarded	1496
shall be paid in accordance with division (C) of this section	1497
within thirty days after the start of each term of the academic	1498
year for which the grant is awarded. No student shall be eligible	1499
to receive grants for more than the equivalent of five academic	1500
years.	1501

(F) The receipt of a workforce development grant shall not	1502
affect a student's eligibility for assistance or the amount of	1503
such assistance granted under any other provision of state law. If	1504
a student receives assistance under one or more other provisions	1505
of state law, the grant made to the student under this section	1506
shall not exceed the difference between the total instructional	1507
and general charges assessed to the student by the eligible	1508
institution and the amount of total assistance the student	1509
receives under other provisions of state law.	1510

(G) The general assembly shall support the workforce	1511
development grant program with such appropriations as the general	1512
assembly sees fit. The Ohio board of regents may also receive	1513
funds from other sources to support the program.	1514

(H) Eligible institutions that enroll students receiving	1515
grants under this section shall report to the Ohio board of	1516
regents the name of each student who has received such a grant but	1517
who is no longer eligible for such a grant. In the event that an	1518
eligible student who has been awarded a grant under this section	1519
withdraws from enrollment at an institution during any term, the	1520
institution shall refund a prorated amount of the student's grant	1521
for that term to the Ohio board of regents in accordance with the	1522
school's refund policy.	1523

(I) Beginning July 1, 2000, theThe state board of	1524
proprietary school registrationcareer colleges and schools shall	1525
report to the Ohio board of regents each degree granting	1526
proprietaryprivate career school's job placement rate for the	1527
immediately preceding academic year. No grant awarded to an	1528
eligible student under this section shall be paid to a registered	1529
private career school if the school's job placement rate for	1530
baccalaureate degree and associate degree programs for the	1531
preceding academic year was less than seventy-five per cent.	1532

Sec. 3334.01.  As used in this chapter:

1533

(A) "Aggregate original principal amount" means the	1534
aggregate of the initial offering prices to the public of college	1535
savings bonds, exclusive of accrued interest, if any. "Aggregate	1536
original principal amount" does not mean the aggregate accreted	1537
amount payable at maturity or redemption of such bonds.	1538

(B) "Beneficiary" means:

1539

(1) An individual designated by the purchaser under a	1540
tuition payment contract or through a scholarship program as the	1541
individual on whose behalf tuition credits purchased under the	1542
contract or awarded through the scholarship program will be	1543
applied toward the payment of undergraduate, graduate, or	1544
professional tuition; or	1545

(2) An individual designated by the contributor under a	1546
variable college savings program contract as the individual whose	1547
tuition and other higher education expenses will be paid from a	1548
variable college savings program account.	1549

(C) "Capital appreciation bond" means a bond for which the	1550
following is true:	1551

(1) The principal amount is less than the amount payable at	1552
maturity or early redemption; and	1553

(2) No interest is payable on a current basis.

1554

(D) "Tuition credit" means a credit of the Ohio tuition	1555
trust authority purchased under section 3334.09 of the Revised	1556
Code.	1557

(E) "College savings bonds" means revenue and other	1558
obligations issued on behalf of the state or any agency or issuing	1559
authority thereof as a zero-coupon or capital appreciation bond,	1560
and designated as college savings bonds as provided in this	1561
chapter. "College savings bond issue" means any issue of bonds of	1562
which any part has been designated as college savings bonds.	1563

(F) "Institution of higher education" means a state	1564
institution of higher education, a private college, university, or	1565
other postsecondary institution located in this state that	1566
possesses a certificate of authorization issued by the Ohio board	1567
of regents pursuant to Chapter 1713. of the Revised Code or a	1568
certificate of registration issued by the state board of	1569
proprietary school registrationcareer colleges and schools under	1570
Chapter 3332. of the Revised Code, or an accredited college,	1571
university, or other postsecondary institution located outside	1572
this state that is accredited by an accrediting organization or	1573
professional association recognized by the authority. To be	1574
considered an institution of higher education, an institution	1575
shall meet the definition of an eligible educational institution	1576
under section 529 of the Internal Revenue Code.	1577

(G) "Issuing authority" means any authority, commission,	1578
body, agency, or individual empowered by the Ohio Constitution or	1579
the Revised Code to issue bonds or any other debt obligation of	1580
the state or any agency or department thereof. "Issuer" means the	1581
issuing authority or, if so designated under division (B) of	1582
section 3334.04 of the Revised Code, the treasurer of state.	1583

(H) "Tuition" means the charges imposed to attend an	1584
institution of higher education as an undergraduate, graduate, or	1585
professional student and all fees required as a condition of	1586
enrollment, as determined by the Ohio tuition trust authority.	1587
"Tuition" does not include laboratory fees, room and board, or	1588
other similar fees and charges.	1589

(I) "Weighted average tuition" means the tuition cost	1590
resulting from the following calculation:	1591

(1) Add the products of the annual undergraduate tuition	1592
charged to Ohio residents at each four-year state university	1593
multiplied by that institution's total number of undergraduate	1594
fiscal year equated students; and	1595

(2) Divide the gross total of the products from division	1596
(I)(1) of this section by the total number of undergraduate fiscal	1597
year equated students attending four-year state universities.	1598

(J) "Zero-coupon bond" means a bond which has a stated	1599
interest rate of zero per cent and on which no interest is payable	1600
until the maturity or early redemption of the bond, and is offered	1601
at a substantial discount from its original stated principal	1602
amount.	1603

(K) "State institution of higher education" includes the	1604
state universities listed in section 3345.011 of the Revised Code,	1605
community colleges created pursuant to Chapter 3354. of the	1606
Revised Code, university branches created pursuant to Chapter	1607
3355. of the Revised Code, technical colleges created pursuant to	1608
Chapter 3357. of the Revised Code, state community colleges	1609
created pursuant to Chapter 3358. of the Revised Code, the medical	1610
college of Ohio at Toledo, and the northeastern Ohio universities	1611
college of medicine.	1612

(L) "Four-year state university" means those state	1613
universities listed in section 3345.011 of the Revised Code.	1614

(M) "Principal amount" refers to the initial offering price	1615
to the public of an obligation, exclusive of the accrued interest,	1616
if any. "Principal amount" does not refer to the aggregate	1617
accreted amount payable at maturity or redemption of an	1618
obligation.	1619

(N) "Scholarship program" means a program registered with	1620
the Ohio tuition trust authority pursuant to section 3334.17 of	1621
the Revised Code.	1622

(O) "Internal Revenue Code" means the "Internal Revenue Code	1623
of 1986," 100 Stat. 2085, 26 U.S.C.A. 1 et seq., as amended.	1624

(P) "Other higher education expenses" means room and board	1625
and books, supplies, equipment, and nontuition-related fees	1626
associated with the cost of attendance of a beneficiary at an	1627
institution of higher education, but only to the extent that such	1628
expenses meet the definition of "qualified higher education	1629
expenses" under section 529 of the Internal Revenue Code. "Other	1630
higher education expenses" does not include tuition as defined in	1631
division (H) of this section.	1632

(Q) "Purchaser" means the person signing the tuition payment	1633
contract, who controls the account and acquires tuition credits	1634
for an account under the terms and conditions of the contract.	1635

(R) "Contributor" means a person who signs a variable	1636
college savings program contract with the Ohio tuition trust	1637
authority and contributes to and owns the account created under	1638
the contract.	1639

Sec. 3365.01.  As used in sections 3365.01 to 3365.10 of the	1640
Revised Code:	1641

(A) "College" means any state-assisted college or university	1642
described in section 3333.041 of the Revised Code, any nonprofit	1643
institution holding a certificate of authorization pursuant to	1644
Chapter 1713. of the Revised Code, any private institution exempt	1645
from regulation under Chapter 3332. of the Revised Code as	1646
prescribed in section 3333.046 of the Revised Code, and any	1647
institution holding a certificate of registration from the state	1648
board of proprietary school registrationcareer colleges and	1649
schools and program authorization for an associate or bachelor's	1650
degree program issued under section 3332.05 of the Revised Code.	1651

(B) "School district," except as specified in division (G)	1652
of this section, means any school district to which a student is	1653
admitted under section 3313.64, 3313.65, 3313.98, or 3317.08 of	1654
the Revised Code and does not include a joint vocational or	1655
cooperative education school district.	1656

(C) "Parent" has the same meaning as in section 3313.64 of	1657
the Revised Code.	1658

(D) "Participant" means a student enrolled in a college	1659
under the post-secondary enrollment options program established by	1660
this chapter.	1661

(E) "Secondary grade" means the ninth through twelfth	1662
grades.	1663

(F) "School foundation payments" means the amount required	1664
to be paid to a school district for a fiscal year under Chapter	1665
3317. of the Revised Code.	1666

(G) "Tuition base" means, with respect to a participant's	1667
school district, the formula amount defined in division (B) of	1668
section 3317.02 of the Revised Code multiplied by the district's	1669
cost-of-doing-business factor defined in division (N) of section	1670
3317.02 of the Revised Code. The participant's "school district"	1671
in the case of a participant enrolled in a community school shall	1672
be the school district in which the student is entitled to attend	1673
school under section 3313.64 or 3313.65 of the Revised Code.	1674

(H) "Educational program" means enrollment in one or more	1675
school districts, in a nonpublic school, or in a college under	1676
division (B) of section 3365.04 of the Revised Code.	1677

(I) "Nonpublic school" means a chartered or nonchartered	1678
school for which minimum standards are prescribed by the state	1679
board of education pursuant to division (D) of section 3301.07 of	1680
the Revised Code.	1681

(J) "School year" means the year beginning on the first day	1682
of July and ending on the thirtieth day of June.	1683

(K) "Community school" means any school established pursuant	1684
to Chapter 3314. of the Revised Code that includes secondary	1685
grades.	1686

(L) "Community school payments" means payments made by the	1687
department of education to a community school pursuant to division	1688
(D) of section 3314.08 of the Revised Code.	1689

Sec. 3365.15.  This section does not apply to students	1690
enrolled in twelfth grade after July 1, 2001.	1691

No later than July 1, 1999, the board of regents shall adopt	1692
rules under which it shall award at least a five-hundred dollar	1693
scholarship to each student who both:	1694

(A) After July 1, 1998, and while the student attends	1695
twelfth grade, attains on all five tests at least the scores	1696
designated under former division (A)(3) of section 3301.0710 of	1697
the Revised Code;	1698

(B) Submits to the board of regents, in the form and manner	1699
and by any deadline prescribed by the rules, evidence of having	1700
enrolled in a state-assisted college or university, a nonprofit	1701
institution holding a certificate of authorization pursuant to	1702
Chapter 1713. of the Revised Code, or an institution registered by	1703
the state board of proprietary school registrationcareer colleges	1704
and schools that has program authorization to award an associate	1705
or bachelor's degree.	1706

The board of regents shall pay each scholarship awarded under	1707
this section to the student. It may be used to defray any	1708
educational expenses.	1709

Sec. 4742.05.  (A) A proprietarycareer school that holds a	1710
valid certificate of registration from the state board of	1711
proprietary school registrationcareer colleges and schools may	1712
apply to the state board of education for certification of a basic	1713
course of emergency service telecommunicator training or of	1714
continuing education coursework in emergency service	1715
telecommunicator training. The state board of education shall	1716
prescribe the form of the application.	1717

(B) Upon receipt of an application, the state board of	1718
education shall review it and consider whether the proposed course	1719
or coursework meets the requirements of division (A) or (B) of	1720
section 4742.03 of the Revised Code concerning course length and	1721
content. If the proposed course or coursework meets those	1722
requirements, the state board of education shall issue a	1723
certification of that fact to the proprietarycareer school.	1724
Inclusion of on-site verifiable electronic training as part of a	1725
proposed basic or continuing education course shall not be a	1726
reason for the state board to deny certification.	1727

(C) If, after receiving a certification from the state board	1728
of education under this section, the proprietarycareer school	1729
changes the approved course or coursework, the prior certification	1730
is canceled and the proprietarycareer school shall apply to the	1731
state board of education for certification of the changed course	1732
or coursework.	1733

Sec. 4742.06.  (A) A person may obtain certification as an	1734
emergency service telecommunicator by successfully completing a	1735
basic course of emergency service telecommunicator training that	1736
is conducted by a proprietarycareer school that has obtained	1737
certification of that course from the state board of education	1738
under section 4742.05 of the Revised Code. If a person	1739
successfully completes the course, the proprietarycareer school	1740
shall certify the person's successful completion.	1741

(B) A person may maintain certification as an emergency	1742
service telecommunicator by successfully completing continuing	1743
education coursework in emergency service telecommunicator	1744
training that is conducted by a proprietarycareer school that has	1745
obtained certification of that coursework from the state board of	1746
education under section 4742.05 of the Revised Code. If a person	1747
successfully completes the coursework, the proprietarycareer	1748
school shall certify the person's successful completion.	1749

(C) Upon certification of a person's successful completion	1750
under division (A) or (B) of this section, the proprietarycareer	1751
school shall send a copy of the certification to the person and to	1752
the emergency service provider that employs the person.	1753

(D) Tuition and materials costs for a person enrolled in a	1754
certified basic or continuing education course conducted by a	1755
proprietarycareer school shall be paid by the person, an	1756
emergency service provider, or any other entity on behalf of the	1757
person or an emergency service provider.	1758

Sec. 4743.03.  No board, commission, or agency created under	1759
or by virtue of Title 47 of the Revised Code shall restrict entry	1760
into any occupation, profession, or trade under its supervision or	1761
regulation by:	1762

(A) Unreasonably restricting the number of schools or other	1763
institutions it certifies or accredits for the purpose of	1764
fulfilling educational or training requirements for such	1765
occupation, profession, or trade;	1766

(B) Denying certification or accreditation for the purpose	1767
of fulfilling such educational or training requirements to any	1768
school, college, or other educational institution that has been	1769
certified by the Ohio board of regents or the state board of	1770
proprietary school registrationcareer colleges and schools or to	1771
a high school for which the state board of education prescribes	1772
minimum standards under division (D) of section 3301.07 of the	1773
Revised Code, unless the educational or training program offered	1774
by such school, college, or institution is not in substantial	1775
compliance with applicable standards of the occupation,	1776
profession, or trade.	1777

(C) Rules of state regulatory boards relevant to age and	1778
level of education required for admission to courses of study	1779
leading to examination and licensing in professions or occupations	1780
controlled by regulatory boards not requiring a technical,	1781
associate, or baccalaureate degree shall not apply to vocational	1782
education programs conducted in the public schools where such	1783
vocational education programs in all other respects meet the	1784
minimum standards and requirements of any regulatory board and	1785
students completing such programs are of the minimum age required	1786
for examination and licensing for the purpose of practicing	1787
professions or occupations controlled by regulatory boards.	1788

Nothing in this section shall prohibit a board, commission,	1789
or agency from prescribing and enforcing educational and training	1790
requirements and standards for certification and accreditation of	1791
schools and other institutions that constitute reasonable bases	1792
for maintaining necessary standards of performance in any	1793
occupation, profession, or trade.	1794

Sec. 4762.02.  (A) Except as provided in division (B) of	1795
this section, no person shall engage in the practice of	1796
acupuncture unless the person holds a valid certificate of	1797
registration as an acupuncturist issued by the state medical board	1798
under this chapter.	1799

(B) Division (A) of this section does not apply to a	1800
physician or to a person who performs acupuncture as part of a	1801
training program in acupuncture operated by an educational	1802
institution that holds an effective certificate of authorization	1803
issued by the Ohio board of regents under section 1713.02 of the	1804
Revised Code or a school that holds an effective certificate of	1805
registration issued by the state board of proprietary school	1806
registrationcareer colleges and schools under section 3332.05 of	1807
the Revised Code.	1808

Sec. 4763.05.  (A)(1) A person shall make application for an	1809
initial state-certified general real estate appraiser certificate,	1810
an initial state-certified residential real estate appraiser	1811
certificate, an initial state-licensed residential real estate	1812
appraiser license, or an initial state-registered real estate	1813
appraiser assistant registration in writing to the superintendent	1814
of real estate on a form the superintendent prescribes. The	1815
application shall include the address of the applicant's principal	1816
place of business and all other addresses at which the applicant	1817
currently engages in the business of preparing real estate	1818
appraisals and the address of the applicant's current residence.	1819
The superintendent shall retain the applicant's current residence	1820
address in a separate record which shall not constitute a public	1821
record for purposes of section 149.03 of the Revised Code. The	1822
application shall indicate whether the applicant seeks	1823
certification as a general real estate appraiser or as a	1824
residential real estate appraiser, licensure as a residential real	1825
estate appraiser, or registration as a real estate appraiser	1826
assistant and be accompanied by the prescribed examination and	1827
certification, registration, or licensure fees set forth in	1828
section 4763.09 of the Revised Code. The application also shall	1829
include a pledge, signed by the applicant, that the applicant will	1830
comply with the standards set forth in this chapter and a	1831
statement that the applicant understands the types of misconduct	1832
for which disciplinary proceedings may be initiated against the	1833
applicant pursuant to this chapter.	1834

(2) For purposes of providing funding for the real estate	1835
appraiser recovery fund established by section 4763.16 of the	1836
Revised Code, the real estate appraiser board shall levy an	1837
assessment against each person issued an initial certificate,	1838
registration, or license and against current licensees,	1839
registrants, and certificate holders, as required by board rule.	1840
The assessment is in addition to the application and examination	1841
fees for initial applicants required by division (A)(1) of this	1842
section and the renewal fees required for current certificate	1843
holders, registrants, and licensees. The superintendent shall	1844
deposit the assessment into the state treasury to the credit of	1845
the real estate appraiser recovery fund. The assessment for	1846
initial certificate holders, registrants, and licensees shall be	1847
paid prior to the issuance of a certificate, registration, or	1848
license, and for current certificate holders, registrants, and	1849
licensees, at the time of renewal.	1850

(B) An applicant for an initial general real estate	1851
appraiser certificate shall possess at least thirty months of	1852
experience in real estate appraisal, or any equivalent experience	1853
the board prescribes. An applicant for a residential real estate	1854
appraiser certificate or residential real estate appraiser license	1855
shall possess at least two years of experience in real estate	1856
appraisal, or any equivalent experience the board prescribes. In	1857
addition to any other information required by the board, the	1858
applicant shall furnish, under oath, a detailed listing of the	1859
appraisal reports or file memoranda for each year for which	1860
experience is claimed and, upon request of the superintendent or	1861
the board, shall make available for examination a sample of the	1862
appraisal reports prepared by the applicant in the course of the	1863
applicant's practice.	1864

(C)(1) Except as provided in division (C)(2) of this	1865
section, an applicant for an initial certificate, registration, or	1866
license shall be at least eighteen years of age, honest, truthful,	1867
and of good reputation and shall present satisfactory evidence to	1868
the superintendent of the following, as appropriate:	1869

(a) If the applicant is seeking a state-certified general	1870
real estate appraiser certificate, that the applicant has	1871
successfully completed at least one hundred sixty-five classroom	1872
hours of courses in subjects related to real estate appraisal,	1873
including at least one course devoted exclusively to federal,	1874
state, and municipal fair housing law, presented by a nationally	1875
recognized appraisal organization, an institution of higher	1876
education, a proprietarycareer school registered by the state	1877
board of proprietary school registrationcareer colleges and	1878
schools, a state or federal commission or agency, or any other	1879
organization that represents the interests of financial	1880
institutions or real estate brokers, appraisers, or agents and	1881
that provides appraisal education, plus fifteen classroom hours	1882
related to standards of professional practice and the provisions	1883
of this chapter;	1884

(b) If the applicant is seeking a state-certified	1885
residential real estate appraiser certificate, that the applicant	1886
has successfully completed at least one hundred five classroom	1887
hours of courses in subjects related to real estate appraisal,	1888
including at least one course devoted exclusively to federal,	1889
state, and municipal fair housing law, presented by a nationally	1890
recognized appraisal organization, an institution of higher	1891
education, a proprietarycareer school registered by the state	1892
board of proprietary school registrationcareer colleges and	1893
schools, or any other organization that represents the interests	1894
of financial institutions or real estate brokers, appraisers, or	1895
agents and that provides appraisal education, plus fifteen	1896
classroom hours related to standards of professional practice and	1897
the provisions of this chapter;	1898

(c) If the applicant is seeking a state-licensed residential	1899
real estate appraiser license, that the applicant has successfully	1900
completed at least seventy-five classroom hours of courses in	1901
subjects related to real estate appraisal, including at least one	1902
course devoted exclusively to federal, state, and municipal fair	1903
housing law, presented by a nationally recognized appraisal	1904
organization, an institution of higher education, a proprietary	1905
career school registered by the state board of proprietary school	1906
registrationcareer colleges and schools, a state or federal	1907
commission or agency, or any other organization that represents	1908
the interests of financial institutions or real estate brokers,	1909
appraisers, or agents and that provides appraisal education, plus	1910
fifteen classroom hours related to standards of professional	1911
practice and the provisions of this chapter;	1912

(d) If the applicant is seeking a state-registered real	1913
estate appraiser assistant registration, that the applicant has	1914
successfully completed at least seventy-five classroom hours of	1915
courses in subjects related to real estate appraisal, including at	1916
least one course devoted exclusively to federal, state, and	1917
municipal fair housing law, presented by a nationally recognized	1918
appraisal organization, an institution of higher education, a	1919
proprietarycareer school registered by the state board of	1920
proprietary school registrationcareer colleges and schools, or	1921
any other organization that represents the interests of financial	1922
institutions or real estate brokers, appraisers, or agents, and	1923
that provides appraisal education that included at least fifteen	1924
classroom hours of instruction related to standards of	1925
professional practice and the requirements of this chapter and the	1926
rules adopted under this chapter.	1927

(2) Each person who files an application for an initial	1928
certificate or license within one year of the date established by	1929
the board as the first date on which applications will be accepted	1930
under this section, which date shall be no later than September 1,	1931
1990, and who, at the time of filing that application, does not	1932
satisfy the educational requirements for the certification or	1933
licensure sought of either division (C)(1)(a) or (b) of this	1934
section is exempt from those educational requirements for the term	1935
of the initial certification or licensure. In applying for a	1936
renewal certificate or license pursuant to section 4763.06 of the	1937
Revised Code, a certificate holder or licensee who was exempted	1938
from the educational requirements of division (C)(1)(a) or (b) of	1939
this section when applying for the initial certificate or license	1940
shall present satisfactory evidence to the superintendent that the	1941
certificate holder or licensee has completed the educational	1942
requirements for the certification or licensure to be renewed of	1943
one of those divisions before the renewal certificate or license	1944
may be issued.	1945

(D) An applicant for an initial general real estate	1946
appraiser or residential real estate appraiser certificate or	1947
residential real estate appraiser license shall take and	1948
successfully complete a written examination in order to qualify	1949
for the certificate or license. The examination shall require the	1950
applicant to demonstrate all of the following:	1951

(1) Appropriate knowledge of technical terms commonly used	1952
in or related to real estate appraising, appraisal report writing,	1953
and the economic concepts applicable to real estate;	1954

(2) Understanding of the principles of land economics, real	1955
estate appraisal processes, and problems likely to be encountered	1956
in gathering, interpreting, and processing of data in carrying out	1957
appraisal disciplines;	1958

(3) Understanding of the standards for the development and	1959
communication of real estate appraisals as provided in this	1960
chapter and the rules adopted thereunder;	1961

(4) Knowledge of theories of depreciation, cost estimating,	1962
methods of capitalization, direct sales comparison, and the	1963
mathematics of real estate appraisal that are appropriate for the	1964
certification or licensure for which the applicant has applied;	1965

(5) Knowledge of other principles and procedures as	1966
appropriate for the certification or license;	1967

(6) Basic understanding of real estate law;

1968

(7) Understanding of the types of misconduct for which	1969
disciplinary proceedings may be initiated against a certificate	1970
holder and licensee.	1971

(E)(1) A nonresident, natural person of this state who has	1972
complied with this section may obtain a certificate, registration,	1973
or license. The board shall adopt rules relating to the	1974
certification, registration, and licensure of a nonresident	1975
applicant whose state of residence the board determines to have	1976
certification, registration, or licensure requirements that are	1977
substantially similar to those set forth in this chapter and the	1978
rules adopted thereunder.	1979

(2) A nonresident appraiser may apply for, and the board may	1980
issue, a temporary certificate or license if the board determines	1981
that the state in which the nonresident appraiser is licensed or	1982
certified has licensing or certification requirements that are	1983
substantially similar to the certification or licensure	1984
requirements set forth in this chapter and the rules adopted	1985
thereunder.	1986

The board shall adopt rules relating to the temporary	1987
certification and licensure of nonresident appraisers. Each	1988
temporary certificate and license issued by the board shall	1989
identify the location of the real estate property to be appraised	1990
and shall not authorize appraisal of more than one real estate	1991
property located in this state. The board shall not issue more	1992
than two temporary certificates or licenses in any one calendar	1993
year to any one applicant.	1994

(3) In addition to any other information required to be	1995
submitted with the nonresident applicant's or appraiser's	1996
application for a certificate, registration, license, or temporary	1997
certificate or license, each nonresident applicant or appraiser	1998
shall submit a statement consenting to the service of process upon	1999
the nonresident applicant or appraiser by means of delivering that	2000
process to the secretary of state if, in an action against the	2001
applicant, certificate holder, registrant, or licensee arising	2002
from the applicant's, certificate holder's, registrant's, or	2003
licensee's activities as a certificate holder, registrant, or	2004
licensee, the plaintiff, in the exercise of due diligence, cannot	2005
effect personal service upon the applicant, certificate holder,	2006
registrant, or licensee.	2007

(F) The superintendent shall not issue a certificate,	2008
registration, temporary certificate or license, or license to a	2009
corporation, partnership, or association. This prohibition shall	2010
not be construed to prevent a certificate holder or licensee from	2011
signing an appraisal report on behalf of a corporation,	2012
partnership, or association.	2013

(G) Every person licensed, registered, or certified under	2014
this chapter shall notify the superintendent, on a form provided	2015
by the superintendent, of a change in the address of the	2016
licensee's, registrant's, or certificate holder's principal place	2017
of business or residence within thirty days of the change. If a	2018
licensee's, registrant's, or certificate holder's license,	2019
registration, or certificate is revoked or not renewed, the	2020
licensee, registrant, or certificate holder immediately shall	2021
return the annual and any renewal certificate, registration, or	2022
license to the superintendent.	2023

(H) The superintendent shall not issue a certificate,	2024
registration, temporary certificate or license, or license to any	2025
person who does not meet applicable minimum criteria for state	2026
certification, registration, or licensure prescribed by federal	2027
law or rule.	2028

Sec. 5107.58.  In accordance with a federal waiver granted by	2029
the United States secretary of health and human services pursuant	2030
to a request made under former section 5101.09 of the Revised	2031
Code, county departments of job and family services may establish	2032
and administer as a work activity for minor heads of households	2033
and adults participating in Ohio works first an education program	2034
under which the participant is enrolled full-time in	2035
post-secondary education leading to vocation at a state	2036
institution of higher education, as defined in section 3345.031 of	2037
the Revised Code; a private nonprofit college or university that	2038
possesses a certificate of authorization issued by the Ohio board	2039
of regents pursuant to Chapter 1713. of the Revised Code, or is	2040
exempted by division (E) of section 1713.02 of the Revised Code	2041
from the requirement of a certificate; a school that holds a	2042
certificate of registration and program authorization issued by	2043
the state board of proprietary school registrationcareer colleges	2044
and schools under Chapter 3332. of the Revised Code; a private	2045
institution exempt from regulation under Chapter 3332. of the	2046
Revised Code as prescribed in section 3333.046 of the Revised	2047
Code; or a school that has entered into a contract with the county	2048
department of job and family services. The participant shall make	2049
reasonable efforts, as determined by the county department, to	2050
obtain a loan, scholarship, grant, or other assistance to pay for	2051
the tuition, including a federal Pell grant under 20 U.S.C.A.	2052
1070a and an Ohio instructional grant under section 3333.12 of the	2053
Revised Code. If the participant has made reasonable efforts but	2054
is unable to obtain sufficient assistance to pay the tuition the	2055
program may pay the tuition. On or after October 1, 1998, the	2056
county department may enter into a loan agreement with the	2057
participant to pay the tuition. The total period for which	2058
tuition is paid and loans made shall not exceed two years. If	2059
the participant, pursuant to division (B)(3) of section 5107.43 of	2060
the Revised Code, volunteers to participate in the education	2061
program for more hours each week than the participant is assigned	2062
to the program, the program may pay or the county department may	2063
loan the cost of the tuition for the additional voluntary hours as	2064
well as the cost of the tuition for the assigned number of hours.	2065
The participant may receive, for not more than three years,	2066
support services, including publicly funded child day-care under	2067
Chapter 5104. of the Revised Code and transportation, that the	2068
participant needs to participate in the program. To receive	2069
support services in the third year, the participant must be, as	2070
determined by the educational institution in which the participant	2071
is enrolled, in good standing with the institution.	2072

A county department that provides loans under this section	2073
shall establish procedures governing loan application for and	2074
approval and administration of loans granted pursuant to this	2075
section.	2076

Sec. 5747.01.  Except as otherwise expressly provided or	2077
clearly appearing from the context, any term used in this chapter	2078
has the same meaning as when used in a comparable context in the	2079
Internal Revenue Code, and all other statutes of the United States	2080
relating to federal income taxes.	2081

As used in this chapter:

2082

(A) "Adjusted gross income" or "Ohio adjusted gross income"	2083
means adjusted gross income as defined and used in the Internal	2084
Revenue Code, adjusted as provided in this section:	2085

(1) Add interest or dividends on obligations or securities	2086
of any state or of any political subdivision or authority of any	2087
state, other than this state and its subdivisions and authorities.	2088

(2) Add interest or dividends on obligations of any	2089
authority, commission, instrumentality, territory, or possession	2090
of the United States that are exempt from federal income taxes but	2091
not from state income taxes.	2092

(3) Deduct interest or dividends on obligations of the	2093
United States and its territories and possessions or of any	2094
authority, commission, or instrumentality of the United States to	2095
the extent included in federal adjusted gross income but exempt	2096
from state income taxes under the laws of the United States.	2097

(4) Deduct disability and survivor's benefits to the extent	2098
included in federal adjusted gross income.	2099

(5) Deduct benefits under Title II of the Social Security	2100
Act and tier 1 railroad retirement benefits to the extent included	2101
in federal adjusted gross income under section 86 of the Internal	2102
Revenue Code.	2103

(6) In the case of a taxpayer who is a beneficiary of a	2104
trust that makes an accumulation distribution as defined in	2105
section 665 of the Internal Revenue Code, add, for the	2106
beneficiary's taxable years beginning before 2002 or after 2004,	2107
the portion, if any, of such distribution that does not exceed the	2108
undistributed net income of the trust for the three taxable years	2109
preceding the taxable year in which the distribution is made to	2110
the extent that the portion was not included in the trust's	2111
taxable income for any of the trust's taxable years beginning in	2112
2002, 2003, or 2004. "Undistributed net income of a trust" means	2113
the taxable income of the trust increased by (a)(i) the additions	2114
to adjusted gross income required under division (A) of this	2115
section and (ii) the personal exemptions allowed to the trust	2116
pursuant to section 642(b) of the Internal Revenue Code, and	2117
decreased by (b)(i) the deductions to adjusted gross income	2118
required under division (A) of this section, (ii) the amount of	2119
federal income taxes attributable to such income, and (iii) the	2120
amount of taxable income that has been included in the adjusted	2121
gross income of a beneficiary by reason of a prior accumulation	2122
distribution. Any undistributed net income included in the	2123
adjusted gross income of a beneficiary shall reduce the	2124
undistributed net income of the trust commencing with the earliest	2125
years of the accumulation period.	2126

(7) Deduct the amount of wages and salaries, if any, not	2127
otherwise allowable as a deduction but that would have been	2128
allowable as a deduction in computing federal adjusted gross	2129
income for the taxable year, had the targeted jobs credit allowed	2130
and determined under sections 38, 51, and 52 of the Internal	2131
Revenue Code not been in effect.	2132

(8) Deduct any interest or interest equivalent on public	2133
obligations and purchase obligations to the extent included in	2134
federal adjusted gross income.	2135

(9) Add any loss or deduct any gain resulting from the sale,	2136
exchange, or other disposition of public obligations to the extent	2137
included in federal adjusted gross income.	2138

(10) Deduct or add amounts, as provided under section	2139
5747.70 of the Revised Code, related to contributions to variable	2140
college savings program accounts made or tuition credits purchased	2141
pursuant to Chapter 3334. of the Revised Code.	2142

(11)(a) Deduct, to the extent not otherwise allowable as a	2143
deduction or exclusion in computing federal or Ohio adjusted gross	2144
income for the taxable year, the amount the taxpayer paid during	2145
the taxable year for medical care insurance and qualified	2146
long-term care insurance for the taxpayer, the taxpayer's spouse,	2147
and dependents. No deduction for medical care insurance under	2148
division (A)(11) of this section shall be allowed either to any	2149
taxpayer who is eligible to participate in any subsidized health	2150
plan maintained by any employer of the taxpayer or of the	2151
taxpayer's spouse, or to any taxpayer who is entitled to, or on	2152
application would be entitled to, benefits under part A of Title	2153
XVIII of the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.	2154
301, as amended. For the purposes of division (A)(11)(a) of this	2155
section, "subsidized health plan" means a health plan for which	2156
the employer pays any portion of the plan's cost. The deduction	2157
allowed under division (A)(11)(a) of this section shall be the net	2158
of any related premium refunds, related premium reimbursements, or	2159
related insurance premium dividends received during the taxable	2160
year.	2161

(b) Deduct, to the extent not otherwise deducted or excluded	2162
in computing federal or Ohio adjusted gross income during the	2163
taxable year, the amount the taxpayer paid during the taxable	2164
year, not compensated for by any insurance or otherwise, for	2165
medical care of the taxpayer, the taxpayer's spouse, and	2166
dependents, to the extent the expenses exceed seven and one-half	2167
per cent of the taxpayer's federal adjusted gross income.	2168

(c) For purposes of division (A)(11) of this section,	2169
"medical care" has the meaning given in section 213 of the	2170
Internal Revenue Code, subject to the special rules, limitations,	2171
and exclusions set forth therein, and "qualified long-term care"	2172
has the same meaning given in section 7702(B)(b) of the Internal	2173
Revenue Code.	2174

(12)(a) Deduct any amount included in federal adjusted gross	2175
income solely because the amount represents a reimbursement or	2176
refund of expenses that in any year the taxpayer had deducted as	2177
an itemized deduction pursuant to section 63 of the Internal	2178
Revenue Code and applicable United States department of the	2179
treasury regulations. The deduction otherwise allowed under	2180
division (A)(12)(a) of this section shall be reduced to the extent	2181
the reimbursement is attributable to an amount the taxpayer	2182
deducted under this section in any taxable year.	2183

(b) Add any amount not otherwise included in Ohio adjusted	2184
gross income for any taxable year to the extent that the amount is	2185
attributable to the recovery during the taxable year of any amount	2186
deducted or excluded in computing federal or Ohio adjusted gross	2187
income in any taxable year.	2188

(13) Deduct any portion of the deduction described in	2189
section 1341(a)(2) of the Internal Revenue Code, for repaying	2190
previously reported income received under a claim of right, that	2191
meets both of the following requirements:	2192

(a) It is allowable for repayment of an item that was	2193
included in the taxpayer's adjusted gross income for a prior	2194
taxable year and did not qualify for a credit under division (A)	2195
or (B) of section 5747.05 of the Revised Code for that year;	2196

(b) It does not otherwise reduce the taxpayer's adjusted	2197
gross income for the current or any other taxable year.	2198

(14) Deduct an amount equal to the deposits made to, and net	2199
investment earnings of, a medical savings account during the	2200
taxable year, in accordance with section 3924.66 of the Revised	2201
Code. The deduction allowed by division (A)(14) of this section	2202
does not apply to medical savings account deposits and earnings	2203
otherwise deducted or excluded for the current or any other	2204
taxable year from the taxpayer's federal adjusted gross income.	2205

(15)(a) Add an amount equal to the funds withdrawn from a	2206
medical savings account during the taxable year, and the net	2207
investment earnings on those funds, when the funds withdrawn were	2208
used for any purpose other than to reimburse an account holder	2209
for, or to pay, eligible medical expenses, in accordance with	2210
section 3924.66 of the Revised Code;	2211

(b) Add the amounts distributed from a medical savings	2212
account under division (A)(2) of section 3924.68 of the Revised	2213
Code during the taxable year.	2214

(16) Add any amount claimed as a credit under section	2215
5747.059 of the Revised Code to the extent that such amount	2216
satisfies either of the following:	2217

(a) The amount was deducted or excluded from the computation	2218
of the taxpayer's federal adjusted gross income as required to be	2219
reported for the taxpayer's taxable year under the Internal	2220
Revenue Code;	2221

(b) The amount resulted in a reduction of the taxpayer's	2222
federal adjusted gross income as required to be reported for any	2223
of the taxpayer's taxable years under the Internal Revenue Code.	2224

(17) Deduct the amount contributed by the taxpayer to an	2225
individual development account program established by a county	2226
department of job and family services pursuant to sections 329.11	2227
to 329.14 of the Revised Code for the purpose of matching funds	2228
deposited by program participants. On request of the tax	2229
commissioner, the taxpayer shall provide any information that, in	2230
the tax commissioner's opinion, is necessary to establish the	2231
amount deducted under division (A)(17) of this section.	2232

(18) Beginning in taxable year 2001, if the taxpayer is	2233
married and files a joint return and the combined federal adjusted	2234
gross income of the taxpayer and the taxpayer's spouse for the	2235
taxable year does not exceed one hundred thousand dollars, or if	2236
the taxpayer is single and has a federal adjusted gross income for	2237
the taxable year not exceeding fifty thousand dollars, deduct	2238
amounts paid during the taxable year for qualified tuition and	2239
fees paid to an eligible institution for the taxpayer, the	2240
taxpayer's spouse, or any dependent of the taxpayer, who is a	2241
resident of this state and is enrolled in or attending a program	2242
that culminates in a degree or diploma at an eligible institution.	2243
The deduction may be claimed only to the extent that qualified	2244
tuition and fees are not otherwise deducted or excluded for any	2245
taxable year from federal or Ohio adjusted gross income. The	2246
deduction may not be claimed for educational expenses for which	2247
the taxpayer claims a credit under section 5747.27 of the Revised	2248
Code.	2249

(19) Add any reimbursement received during the taxable year	2250
of any amount the taxpayer deducted under division (A)(18) of this	2251
section in any previous taxable year to the extent the amount is	2252
not otherwise included in Ohio adjusted gross income.	2253

(20)(a) Add five-sixths of the amount of depreciation	2254
expense allowed by subsection (k) of section 168 of the Internal	2255
Revenue Code, including the taxpayer's proportionate or	2256
distributive share of the amount of depreciation expense allowed	2257
by that subsection to a pass-through entity in which the taxpayer	2258
has a direct or indirect ownership interest. The tax	2259
commissioner, under procedures established by the commissioner,	2260
may waive the add-back related to a pass-through entity if the	2261
taxpayer owns, directly or indirectly, less than five per cent of	2262
the pass-through entity.	2263

(b) Nothing in division (A)(20) of this section shall be	2264
construed to adjust or modify the adjusted basis of any asset.	2265

(c) To the extent the add-back required under division	2266
(A)(20)(a) of this section is attributable to property generating	2267
nonbusiness income or loss allocated under section 5747.20 of the	2268
Revised Code, the add-back shall be sitused to the same location	2269
as the nonbusiness income or loss generated by the property for	2270
the purpose of determining the credit under division (A) of	2271
section 5747.05 of the Revised Code. Otherwise, the add-back	2272
shall be apportioned, subject to one or more of the four	2273
alternative methods of apportionment enumerated in section 5747.21	2274
of the Revised Code.	2275

(21)(a) If the taxpayer was required to add an amount under	2276
division (A)(20)(a) of this section for a taxable year, deduct	2277
one-fifth of the amount so added for each of the five succeeding	2278
taxable years.	2279

(b) If the amount deducted under division (A)(21)(a) of this	2280
section is attributable to an add-back allocated under division	2281
(A)(20)(c) of this section, the amount deducted shall be sitused	2282
to the same location. Otherwise, the add-back shall be	2283
apportioned using the apportionment factors for the taxable year	2284
in which the deduction is taken, subject to one or more of the	2285
four alternative methods of apportionment enumerated in section	2286
5747.21 of the Revised Code.	2287

(B) "Business income" means income arising from	2288
transactions, activities, and sources in the regular course of a	2289
trade or business and includes income from real property, tangible	2290
property, and intangible property if the acquisition, rental,	2291
management, and disposition of the property constitute integral	2292
parts of the regular course of a trade or business operation.	2293
"Business income" includes income, including gain or loss, from a	2294
partial or complete liquidation of a business, including, but not	2295
limited to, gain or loss from the sale or other disposition of	2296
goodwill.	2297

(C) "Nonbusiness income" means all income other than	2298
business income and may include, but is not limited to,	2299
compensation, rents and royalties from real or tangible personal	2300
property, capital gains, interest, dividends and distributions,	2301
patent or copyright royalties, or lottery winnings, prizes, and	2302
awards.	2303

(D) "Compensation" means any form of remuneration paid to an	2304
employee for personal services.	2305

(E) "Fiduciary" means a guardian, trustee, executor,	2306
administrator, receiver, conservator, or any other person acting	2307
in any fiduciary capacity for any individual, trust, or estate.	2308

(F) "Fiscal year" means an accounting period of twelve	2309
months ending on the last day of any month other than December.	2310

(G) "Individual" means any natural person.

2311

(H) "Internal Revenue Code" means the "Internal Revenue Code	2312
of 1986," 100 Stat. 2085, 26 U.S.C.A. 1, as amended.	2313

(I) "Resident" means:

2314

(1) An individual who is domiciled in this state, subject to	2315
section 5747.24 of the Revised Code;	2316

(2) The estate of a decedent who at the time of death was	2317
domiciled in this state. The domicile tests of section 5747.24 of	2318
the Revised Code and any election under section 5747.25 of the	2319
Revised Code are not controlling for purposes of division (I)(2)	2320
of this section.	2321

(3) Division (I)(3) of this section applies only to taxable	2322
years of a trust beginning in 2002, 2003, or 2004.	2323

A trust that, in whole or part, resides in this state. If	2324
only part of a trust resides in this state, the trust is a	2325
resident only with respect to that part. For the purposes of	2326
division (I)(3) of this section, a trust resides in this state to	2327
the extent that it consists, directly or indirectly, in whole or	2328
in part, of the net current value, adjusted for any profits,	2329
gains, or losses, of assets or liabilities that were transferred	2330
to the trust by any of the following:	2331

(a) The will of a decedent who was domiciled in this state	2332
at the time of the decedent's death;	2333

(b) A person who is domiciled in this state if the trust or	2334
part of the trust is not irrevocable;	2335

(c) A person who was domiciled in this state when the trust	2336
or part of the trust became irrevocable, but only if, for all or	2337
some portion of the current taxable year of the trust, at least	2338
one beneficiary of the trust is a resident for the purposes of	2339
this chapter.	2340

For the purpose of divisions (I)(3)(b) and (c) of this	2341
section, the transfer of net assets to a trust is irrevocable to	2342
the extent that the transferor is not considered to be the owner	2343
of the net assets of the trust under sections 671 to 678 of the	2344
Internal Revenue Code.	2345

The tax commissioner may adopt rules to ascertain the part of	2346
a trust residing in this state under this division.	2347

(J) "Nonresident" means an individual or estate that is not	2348
a resident. An individual who is a resident for only part of a	2349
taxable year is a nonresident for the remainder of that taxable	2350
year.	2351

(K) "Pass-through entity" has the same meaning as in section	2352
5733.04 of the Revised Code.	2353

(L) "Return" means the notifications and reports required to	2354
be filed pursuant to this chapter for the purpose of reporting the	2355
tax due and includes declarations of estimated tax when so	2356
required.	2357

(M) "Taxable year" means the calendar year or the taxpayer's	2358
fiscal year ending during the calendar year, or fractional part	2359
thereof, upon which the adjusted gross income is calculated	2360
pursuant to this chapter.	2361

(N) "Taxpayer" means any person subject to the tax imposed	2362
by section 5747.02 of the Revised Code or any pass-through entity	2363
that makes the election under division (D) of section 5747.08 of	2364
the Revised Code.	2365

(O) "Dependents" means dependents as defined in the Internal	2366
Revenue Code and as claimed in the taxpayer's federal income tax	2367
return for the taxable year or which the taxpayer would have been	2368
permitted to claim had the taxpayer filed a federal income tax	2369
return.	2370

(P) "Principal county of employment" means, in the case of a	2371
nonresident, the county within the state in which a taxpayer	2372
performs services for an employer or, if those services are	2373
performed in more than one county, the county in which the major	2374
portion of the services are performed.	2375

(Q) As used in sections 5747.50 to 5747.55 of the Revised	2376
Code:	2377

(1) "Subdivision" means any county, municipal corporation,	2378
park district, or township.	2379

(2) "Essential local government purposes" includes all	2380
functions that any subdivision is required by general law to	2381
exercise, including like functions that are exercised under a	2382
charter adopted pursuant to the Ohio Constitution.	2383

(R) "Overpayment" means any amount already paid that exceeds	2384
the figure determined to be the correct amount of the tax.	2385

(S) "Taxable income" applies only to estates and trusts,	2386
and means taxable income as defined and used in the Internal	2387
Revenue Code adjusted as follows:	2388

(1) Add interest or dividends on obligations or securities	2389
of any state or of any political subdivision or authority of any	2390
state, other than this state and its subdivisions and authorities;	2391

(2) Add interest or dividends on obligations of any	2392
authority, commission, instrumentality, territory, or possession	2393
of the United States that are exempt from federal income taxes but	2394
not from state income taxes;	2395

(3) Add the amount of personal exemption allowed to the	2396
estate pursuant to section 642(b) of the Internal Revenue Code;	2397

(4) Deduct interest or dividends on obligations of the	2398
United States and its territories and possessions or of any	2399
authority, commission, or instrumentality of the United States	2400
that are exempt from state taxes under the laws of the United	2401
States;	2402

(5) Deduct the amount of wages and salaries, if any, not	2403
otherwise allowable as a deduction but that would have been	2404
allowable as a deduction in computing federal taxable income for	2405
the taxable year, had the targeted jobs credit allowed under	2406
sections 38, 51, and 52 of the Internal Revenue Code not been in	2407
effect;	2408

(6) Deduct any interest or interest equivalent on public	2409
obligations and purchase obligations to the extent included in	2410
federal taxable income;	2411

(7) Add any loss or deduct any gain resulting from sale,	2412
exchange, or other disposition of public obligations to the extent	2413
included in federal taxable income;	2414

(8) Except in the case of the final return of an estate, add	2415
any amount deducted by the taxpayer on both its Ohio estate tax	2416
return pursuant to section 5731.14 of the Revised Code, and on its	2417
federal income tax return in determining either federal adjusted	2418
gross income or federal taxable income;	2419

(9)(a) Deduct any amount included in federal taxable income	2420
solely because the amount represents a reimbursement or refund of	2421
expenses that in a previous year the decedent had deducted as an	2422
itemized deduction pursuant to section 63 of the Internal Revenue	2423
Code and applicable treasury regulations. The deduction otherwise	2424
allowed under division (S)(9)(a) of this section shall be reduced	2425
to the extent the reimbursement is attributable to an amount the	2426
taxpayer or decedent deducted under this section in any taxable	2427
year.	2428

(b) Add any amount not otherwise included in Ohio taxable	2429
income for any taxable year to the extent that the amount is	2430
attributable to the recovery during the taxable year of any amount	2431
deducted or excluded in computing federal or Ohio taxable income	2432
in any taxable year.	2433

(10) Deduct any portion of the deduction described in	2434
section 1341(a)(2) of the Internal Revenue Code, for repaying	2435
previously reported income received under a claim of right, that	2436
meets both of the following requirements:	2437

(a) It is allowable for repayment of an item that was	2438
included in the taxpayer's taxable income or the decedent's	2439
adjusted gross income for a prior taxable year and did not qualify	2440
for a credit under division (A) or (B) of section 5747.05 of the	2441
Revised Code for that year.	2442

(b) It does not otherwise reduce the taxpayer's taxable	2443
income or the decedent's adjusted gross income for the current or	2444
any other taxable year.	2445

(11) Add any amount claimed as a credit under section	2446
5747.059 of the Revised Code to the extent that the amount	2447
satisfies either of the following:	2448

(a) The amount was deducted or excluded from the computation	2449
of the taxpayer's federal taxable income as required to be	2450
reported for the taxpayer's taxable year under the Internal	2451
Revenue Code;	2452

(b) The amount resulted in a reduction in the taxpayer's	2453
federal taxable income as required to be reported for any of the	2454
taxpayer's taxable years under the Internal Revenue Code.	2455

(12) Deduct any amount that a trust is required to report as	2456
farm income on its federal income tax return, but only if the	2457
assets of the trust include at least ten acres of land satisfying	2458
the definition of "land devoted exclusively to agricultural use"	2459
under section 5713.30 of the Revised Code, regardless of whether	2460
the land is valued for tax purposes as such land under sections	2461
5713.30 to 5713.38 of the Revised Code. Division (S)(12) of this	2462
section applies only to taxable years of a trust beginning in	2463
2002, 2003, or 2004.	2464

(13) Add the net amount of income described in section 641(c)	2465
of the Internal Revenue Code to the extent that amount is not	2466
included in federal taxable income.	2467

(14) Add or deduct the amount the taxpayer would be required	2468
to add or deduct under division (A)(20) or (21) of this section if	2469
the taxpayer's taxable income were computed in the same manner as	2470
an individual's adjusted gross income is computed under this	2471
section. In the case of a trust, division (S)(14) of this section	2472
applies only to any of the trust's taxable years beginning in	2473
2002, 2003, or 2004.	2474

(T) "School district income" and "school district income	2475
tax" have the same meanings as in section 5748.01 of the Revised	2476
Code.	2477

(U) As used in divisions (A)(8), (A)(9), (S)(6), and (S)(7)	2478
of this section, "public obligations," "purchase obligations," and	2479
"interest or interest equivalent" have the same meanings as in	2480
section 5709.76 of the Revised Code.	2481

(V) "Limited liability company" means any limited liability	2482
company formed under Chapter 1705. of the Revised Code or under	2483
the laws of any other state.	2484

(W) "Pass-through entity investor" means any person who,	2485
during any portion of a taxable year of a pass-through entity, is	2486
a partner, member, shareholder, or investor in that pass-through	2487
entity.	2488

(X) "Banking day" has the same meaning as in section 1304.01	2489
of the Revised Code.	2490

(Y) "Month" means a calendar month.

2491

(Z) "Quarter" means the first three months, the second three	2492
months, the third three months, or the last three months of the	2493
taxpayer's taxable year.	2494

(AA)(1) "Eligible institution" means a state university or	2495
state institution of higher education as defined in section	2496
3345.011 of the Revised Code, or a private, nonprofit college,	2497
university, or other post-secondary institution located in this	2498
state that possesses a certificate of authorization issued by the	2499
Ohio board of regents pursuant to Chapter 1713. of the Revised	2500
Code or a certificate of registration issued by the state board of	2501
proprietary school registrationcareer colleges and schools under	2502
Chapter 3332. of the Revised Code.	2503

(2) "Qualified tuition and fees" means tuition and fees	2504
imposed by an eligible institution as a condition of enrollment or	2505
attendance, not exceeding two thousand five hundred dollars in	2506
each of the individual's first two years of post-secondary	2507
education. If the individual is a part-time student, "qualified	2508
tuition and fees" includes tuition and fees paid for the academic	2509
equivalent of the first two years of post-secondary education	2510
during a maximum of five taxable years, not exceeding a total of	2511
five thousand dollars. "Qualified tuition and fees" does not	2512
include:	2513

(a) Expenses for any course or activity involving sports,	2514
games, or hobbies unless the course or activity is part of the	2515
individual's degree or diploma program;	2516

(b) The cost of books, room and board, student activity	2517
fees, athletic fees, insurance expenses, or other expenses	2518
unrelated to the individual's academic course of instruction;	2519

(c) Tuition, fees, or other expenses paid or reimbursed	2520
through an employer, scholarship, grant in aid, or other	2521
educational benefit program.	2522

(BB)(1) "Modified business income" means the business income	2523
included in a trust's taxable income after such taxable income is	2524
first reduced by the qualifying amount, if any.	2525

(2) "Qualifying amount" of a trust means capital gains and	2526
losses from the sale, exchange, or other disposition of equity or	2527
ownership interest in, or debt obligations of, a qualifying	2528
investee to the extent included in the trust's taxable income, but	2529
only if the location of the physical assets of the qualifying	2530
investee is available to the trust.	2531

(3) "Modified nonbusiness income" means a trust's taxable	2532
income other than modified business income and other than the	2533
qualifying amount.	2534

(4) "Modified taxable income" applies only to trusts and	2535
means the sum of the following:	2536

(a) Modified business income multiplied by the fraction	2537
calculated under division (B)(2) of section 5733.05, and applying	2538
section 5733.057 of the Revised Code, as if the trust were a	2539
corporation subject to the tax imposed by section 5733.06 of the	2540
Revised Code;	2541

(b) The qualifying amount multiplied by the ratio of the	2542
book value of the physical assets in this state of the qualifying	2543
investee to the book value of the total physical assets everywhere	2544
of the qualifying investee. If, for a taxable year, the trust	2545
recognizes a qualifying amount with respect to more than one	2546
qualifying investee, the amount described in division (BB)(4)(b)	2547
of this section shall equal the sum of the products so computed	2548
for each such qualifying investee.	2549

(c) Modified nonbusiness income to the extent produced by	2550
assets held by a trust or portion of a trust that is a resident	2551
for the purposes of this chapter.	2552

If the allocation and apportionment of a trust's income under	2553
divisions (BB)(4)(a) and (c) of this section do not fairly	2554
represent the modified taxable income of the trust in this state,	2555
the alternative methods described in division (C) of section	2556
5747.21 of the Revised Code may be applied in the manner and to	2557
the same extent provided in that section.	2558

(5) "Qualifying investee" means a person in which a trust	2559
has an equity or ownership interest, or a person or unit of	2560
government the debt obligations of either of which are owned by a	2561
trust.	2562

(CC) Any term used in this chapter that is not otherwise	2563
defined in this section and that is not used in a comparable	2564
context in the Internal Revenue Code and other statutes of the	2565
United States relating to federal income taxes has the same	2566
meaning as in section 5733.40 of the Revised Code.	2567

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

2568

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

2569

(a) Fall term, which consists of fall semester or fall	2570
quarter, as appropriate;	2571

(b) Winter term, which consists of winter semester, winter	2572
quarter, or spring semester, as appropriate;	2573

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

2574

(d) Summer term, which consists of summer semester or summer	2575
quarter, as appropriate.	2576

(2) "Eligible applicant" means any individual to whom all of	2577
the following apply:	2578

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

2579

(b) The individual has enlisted, re-enlisted, or extended	2580
current enlistment in the Ohio national guard or is an individual	2581
to which division (F) of this section applies.	2582

(c) The individual is actively enrolled as a full-time or	2583
part-time student for at least six credit hours of course work in	2584
a semester or quarter in a two-year or four-year degree-granting	2585
program at an institution of higher education or in a	2586
diploma-granting program at an institution of higher education	2587
that is a school of nursing.	2588

(d) The individual has not accumulated ninety-six	2589
eligibility units under division (E) of this section.	2590

(3) "Institution of higher education" means an Ohio	2591
institution of higher education that is state-assisted, that is	2592
nonprofit and has received a certificate of authorization from the	2593
Ohio board of regents pursuant to Chapter 1713. of the Revised	2594
Code, that is a private institution exempt from regulation under	2595
Chapter 3332. of the Revised Code as prescribed in section	2596
3333.046 of the Revised Code, or that holds a certificate of	2597
registration and program authorization issued by the state board	2598
of proprietary school registrationcareer colleges and schools	2599
pursuant to section 3332.05 of the Revised Code.	2600

(4) "State university" has the same meaning as in section	2601
3345.011 of the Revised Code.	2602

(B)(1) There is hereby created a scholarship program to be	2603
known as the Ohio national guard scholarship program. For the	2604
fiscal year 2000, the number of participants in the program for	2605
the fall term is limited to the equivalent of two thousand five	2606
hundred full-time participants; the number of participants in the	2607
program for the winter term is limited to the equivalent of two	2608
thousand five hundred full-time participants; the number of	2609
participants in the program for the spring term is limited to the	2610
equivalent of one thousand six hundred seventy-five full-time	2611
participants; and the number of participants in the program for	2612
the summer term is limited to the equivalent of six hundred	2613
full-time participants. Except as provided in division (B)(2) of	2614
this section for the fiscal year 2001 and succeeding fiscal years,	2615
the number of participants in the program for the fall term is	2616
limited to the equivalent of three thousand five hundred full-time	2617
participants; the number of participants in the program for the	2618
winter term is limited to the equivalent of three thousand five	2619
hundred full-time participants; the number of participants in the	2620
program for the spring term is limited to the equivalent of two	2621
thousand three hundred forty-five full-time participants; and the	2622
number of participants in the program for the summer term is	2623
limited to the equivalent of eight hundred full-time participants.	2624

(2) After the application deadline for any academic term in	2625
fiscal year 2001, the adjutant general may request the controlling	2626
board, if sufficient appropriated funds are available, to approve	2627
the following number of additional participants for that term:	2628

(a) For the fall or winter academic term, up to the	2629
equivalent of five hundred additional full-time participants;	2630

(b) For the spring academic term, up to the equivalent of	2631
three hundred seventy-five additional full-time participants;	2632

(c) For the summer academic term, up to the equivalent of	2633
one hundred twenty-five additional full-time participants.	2634

(C) If the adjutant general estimates that appropriations	2635
for all scholarships applied for under this section and likely to	2636
be used during an academic term are inadequate for all eligible	2637
applicants for that academic term to receive scholarships, the	2638
adjutant general shall promptly inform all applicants not	2639
receiving scholarships for that academic term of the next academic	2640
term that appropriations will be adequate for the scholarships.	2641
Any such eligible applicant may again apply for a scholarship	2642
beginning that academic term if the applicant is in compliance	2643
with all requirements established by this section and the adjutant	2644
general for the program. The adjutant general shall process all	2645
applications for scholarships for each academic term in the order	2646
in which they are received. The scholarships shall be made	2647
without regard to financial need. At no time shall one person be	2648
placed in priority over another because of sex, race, or religion.	2649

(D)(1) Except as provided in division (I) of this section,	2650
for each academic term that an eligible applicant is approved for	2651
a scholarship under this section and either remains a current	2652
member in good standing of the Ohio national guard or is eligible	2653
for a scholarship under division (F)(1) of this section, the	2654
institution of higher education in which the applicant is enrolled	2655
shall, if the applicant's enlistment obligation extends beyond the	2656
end of that academic term or if division (F)(1) of this section	2657
applies, be paid on the applicant's behalf the applicable one of	2658
the following amounts:	2659

(a) If the institution is state-assisted, an amount equal to	2660
one hundred per cent of the institution's tuition charges;	2661

(b) If the institution is a nonprofit private institution or	2662
a private institution exempt from regulation under Chapter 3332.	2663
of the Revised Code as prescribed in section 3333.046 of the	2664
Revised Code, an amount equal to one hundred per cent of the	2665
average tuition charges of all state universities;	2666

(c) If the institution is an institution that holds a	2667
certificate of registration from the state board of proprietary	2668
school registrationcareer colleges and schools, the lesser of the	2669
following:	2670

(i) An amount equal to one hundred per cent of the total	2671
instructional and general charges of the institution;	2672

(ii) An amount equal to one hundred per cent of the average	2673
tuition charges of all state universities.	2674

(2) An eligible applicant's scholarship shall not be reduced	2675
by the amount of that applicant's benefits under "the Montgomery	2676
G.I. Bill Act of 1984," Pub. L. No. 98-525, 98 Stat. 2553 (1984).	2677

(E) A scholarship recipient under this section shall be	2678
entitled to receive scholarships under this section for the number	2679
of quarters or semesters it takes the recipient to accumulate	2680
ninety-six eligibility units as determined under divisions (E)(1)	2681
to (3) of this section.	2682

(1) To determine the maximum number of semesters or quarters	2683
for which a recipient is entitled to a scholarship under this	2684
section, the adjutant general shall convert a recipient's credit	2685
hours of enrollment for each academic term into eligibility units	2686
in accordance with the following table:	2687

(2) A scholarship recipient under this section may continue	2698
to apply for scholarships under this section until the recipient	2699
has accumulated ninety-six eligibility units.	2700

(3) If a scholarship recipient withdraws from courses prior	2701
to the end of an academic term so that the recipient's enrollment	2702
for that academic term is less than six credit hours, no	2703
scholarship shall be paid on behalf of that person for that	2704
academic term. Except as provided in division (F)(3) of this	2705
section, if a scholarship has already been paid on behalf of the	2706
person for that academic term, the adjutant general shall add to	2707
that person's accumulated eligibility units the number of	2708
eligibility units for which the scholarship was paid.	2709

(F) This division applies to any eligible applicant called	2710
into active duty on or after September 11, 2001. As used in this	2711
division, "active duty" means active duty pursuant to an executive	2712
order of the president of the United States, an act of the	2713
congress of the United States, or section 5919.29 or 5923.21 of	2714
the Revised Code.	2715

(1) An individual to whom this division applies is eligible	2716
for scholarships under this section for those academic terms that	2717
were missed or could have been missed as a result of the	2718
individual's call into active duty. Scholarships shall not be	2719
paid for the academic term in which an eligible applicant's	2720
enlistment obligation ends unless an applicant is eligible under	2721
this division for a scholarship for such academic term due to	2722
previous active duty.	2723

(2) When an individual to whom this division applies	2724
withdraws or otherwise fails to complete courses, for which	2725
scholarships have been awarded under this section, because the	2726
individual was called into active duty, the institution of higher	2727
education shall grant the individual a leave of absence from the	2728
individual's education program and shall not impose any academic	2729
penalty for such withdrawal or failure to complete courses.	2730
Division (F)(2) of this section applies regardless of whether or	2731
not the scholarship amount was paid to the institution of higher	2732
education.	2733

(3) If an individual to whom this division applies withdraws	2734
or otherwise fails to complete courses because the individual was	2735
called into active duty, and if scholarships for those courses	2736
have already been paid, either:	2737

(a) The adjutant general shall not add to that person's	2738
accumulated eligibility units calculated under division (E) of	2739
this section the number of eligibility units for the academic	2740
courses or term for which the scholarship was paid and the	2741
institution of higher education shall repay the scholarship amount	2742
to the state.	2743

(b) The adjutant general shall add to that individual's	2744
accumulated eligibility units calculated under division (E) of	2745
this section the number of eligibility units for the academic	2746
courses or term for which the scholarship was paid if the	2747
institution of higher education agrees to permit the individual to	2748
complete the remainder of the academic courses in which the	2749
individual was enrolled at the time the individual was called into	2750
active duty.	2751

(G) A scholarship recipient under this section who fails to	2752
complete the term of enlistment, re-enlistment, or extension of	2753
current enlistment the recipient was serving at the time a	2754
scholarship was paid on behalf of the recipient under this section	2755
is liable to the state for repayment of a percentage of all Ohio	2756
national guard scholarships paid on behalf of the recipient under	2757
this section, plus interest at the rate of ten per cent per annum	2758
calculated from the dates the scholarships were paid. This	2759
percentage shall equal the percentage of the current term of	2760
enlistment, re-enlistment, or extension of enlistment a recipient	2761
has not completed as of the date the recipient is discharged from	2762
the Ohio national guard.	2763

The attorney general may commence a civil action on behalf of	2764
the adjutant general to recover the amount of the scholarships and	2765
the interest provided for in this division and the expenses	2766
incurred in prosecuting the action, including court costs and	2767
reasonable attorney's fees. A scholarship recipient is not liable	2768
under this division if the recipient's failure to complete the	2769
term of enlistment being served at the time a scholarship was paid	2770
on behalf of the recipient under this section is due to the	2771
recipient's death; discharge from the national guard due to	2772
disability; or the recipient's enlistment, for a term not less	2773
than the recipient's remaining term in the national guard, in the	2774
active component of the United States armed forces or the active	2775
reserve component of the United States armed forces.	2776

(H) On or before the first day of each academic term, the	2777
adjutant general shall provide an eligibility roster to each	2778
institution of higher education at which one or more scholarship	2779
recipients have applied for enrollment. The institution shall use	2780
the roster to certify the actual full-time or part-time enrollment	2781
of each scholarship recipient listed as enrolled at the	2782
institution and return the roster to the adjutant general within	2783
thirty days after the first day of the academic term. The	2784
adjutant general shall report to the Ohio board of regents the	2785
number of students in the Ohio national guard scholarship program	2786
at each institution of higher education. The Ohio board of	2787
regents shall provide for payment of the appropriate number and	2788
amount of scholarships to each institution of higher education	2789
pursuant to division (D) of this section. The adjutant general	2790
shall report on a quarterly basis to the director of budget and	2791
management, the speaker of the house of representatives, and the	2792
president of the senate the number of Ohio national guard	2793
scholarship recipients and a projection of the cost of the program	2794
for the remainder of the biennium.	2795

(I) The chancellor of the Ohio board of regents and the	2796
adjutant general may adopt rules pursuant to Chapter 119. of the	2797
Revised Code governing the administration and fiscal management of	2798
the Ohio national guard scholarship program and the procedure by	2799
which the Ohio board of regents and the department of the adjutant	2800
general may modify the amount of scholarships a member receives	2801
based on the amount of other state financial aid a member	2802
receives.	2803

(J) Notwithstanding division (A) of section 127.14 of the	2804
Revised Code, the controlling board shall not transfer all or part	2805
of any appropriation for the Ohio national guard scholarship	2806
program.	2807

Section 2. That existing sections 955.43, 1713.02, 1713.03,	2808
1713.25, 2741.01, 3332.01, 3332.02, 3332.03, 3332.031, 3332.04,	2809
3332.05, 3332.051, 3332.06, 3332.07, 3332.08, 3332.081, 3332.082,	2810
3332.083, 3332.085, 3332.09, 3332.091, 3332.092, 3332.10, 3332.11,	2811
3332.12, 3332.13, 3332.18, 3333.043, 3333.12, 3333.29, 3334.01,	2812
3365.01, 3365.15, 4742.05, 4742.06, 4743.03, 4762.02, 4763.05,	2813
5107.58, 5747.01, and 5919.34 of the Revised Code are hereby	2814
repealed.	2815

Section 3. That sections 3332.04, 3332.08, 3332.082, and	2816
3332.084 of the Revised Code be amended to read as follows:	2817

Sec. 3332.04.  The state board of career colleges and schools	2818
may appoint an executive director and such other staff as may be	2819
required for the performance of the board's duties and provide	2820
necessary facilities. In selecting an executive director, the	2821
board shall appoint an individual with a background or experience	2822
in the regulation of commerce, business, or education. The board	2823
may also arrange for services and facilities to be provided by the	2824
state board of education and the Ohio board of regents. All	2825
receipts of the board shall be deposited in the career colleges	2826
and schools operating fund, which is hereby created in the state	2827
treasury to the credit of the general revenue fund. Moneys in the	2828
fund shall be used solely for the administration and enforcement	2829
of Chapter 3332. of the Revised Code. All investment earnings on	2830
the fund shall be credited to the fund.	2831

Sec. 3332.08.  The application for a certificate of	2832
registration for a school located within Ohio shall be accompanied	2833
by a surety bond in thea penal sum of ten thousand dollars	2834
established by rule of the state board of career colleges and	2835
schools pursuant to Chapter 119. of the Revised Code with	2836
conditions and in a form prescribed by the state board of career	2837
colleges and schools with at least one corporate bonding company	2838
approved by the department of insurance as surety thereon. Bond	2839
shall be maintained in effect for a period specified by rule of	2840
the board. The board may permit a school to cancel its bond if the	2841
school has been approved to participate in any federal student	2842
financial assistance program authorized under Title IV of the	2843
"Higher Education Act of 1965," 20 U.S.C.A. 1070 et seq., as	2844
amended, or if the school meets standards of financial	2845
responsibility otherwise established by the board. The bond shall	2846
provide for the indemnification of any person suffering prepaid	2847
tuition loss as the result of any fraud or misrepresentation used	2848
in behalf of the principal in procuring such person's enrollment	2849
in a program, including repayment of tuition paid in advance by	2850
any studenta school closure in accordance with section 3332.082	2851
of the Revised Code.	2852

The liability of the surety on such bond for the school	2853
covered shall not exceed the sum of ten thousand dollarsthe bond	2854
as an aggregate for all students for all breaches of the	2855
conditions of the bond by the school. The term of the bond shall	2856
be continuous, but it shall be subject to cancellation by the	2857
surety in the manner described in this section. The bond shall	2858
provide blanket coverage for the acts of all persons engaged as	2859
agents of the school without naming them and without regard to the	2860
time they are engaged during the term of the bond.	2861

The surety may terminate the bond upon giving a sixty-day	2862
written notice to the principal and to the state board of career	2863
colleges and schools, but the liability of the surety for acts of	2864
the principal and its agents continues during the sixty days of	2865
cancellation notice. The notice does not absolve the surety from	2866
liability which accrues before the cancellation becomes final but	2867
which is discovered after that date and which may have arisen at	2868
any time during the term of the bond. Unless the bond is replaced	2869
by that of another surety before the expiration of the sixty days	2870
notice of cancellation, the certificate of registration shall be	2871
suspended. Any person subject to this section required to file a	2872
bond with an application for a certificate of registration may	2873
file, in lieu thereof, cash, a certificate of deposit, letter of	2874
credit, or government bonds in the amount of ten thousand dollars	2875
established by the board. The deposit is subject to the same	2876
terms and conditions as are provided for in the surety bond	2877
required herein. Any interest or earnings on such deposits are	2878
payable to the depositor.	2879

Sec. 3332.082.  The state board of career colleges and	2880
schools may pursue any lawful means of assuring that students of	2881
any school registered by the state board do not suffer prepaid	2882
tuition loss as a result of the closure of a school. This may	2883
include lawsuits against a school or any individual who may	2884
reasonably have liability as a result of the default, in which the	2885
attorney general shall advise and represent the board. Any student	2886
seeking reimbursement for a prepaid tuition loss shall submit a	2887
claim for reimbursement to the board not later than one year	2888
following the school's closure.	2889

Any reimbursement for a prepaid tuition loss or advance	2890
against a possible prepaid tuition loss of a student, and any	2891
expenses reasonably incurred by the board in its pursuit of any	2892
remedy, shall be paid by the surety on the bond provided by the	2893
school pursuant to section 3332.08 of the Revised Code. If	2894
proceeds from the surety bond are not sufficient to cover such	2895
payments, any additional payments shall be paid from the student	2896
tuition recovery fund created by section 3332.083 of the Revised	2897
Code. Tuition loss does not include moneys held by a school in	2898
escrow accounts for tuition or fees for future terms, as	2899
uncommitted grants, loans, or Pell grant money. If the fund is	2900
not of sufficient size to pay the students the full amount of	2901
their prepaid fee, the student tuition recovery authority shall	2902
determine the percentage of the amount that will be paid.	2903

Any money recovered from the defaulting school,or any	2904
individual with liability for the default, or from the surety	2905
under a bond provided under section 3332.08 of the Revised Code in	2906
excess of any payments made under this section shall be deposited	2907
into the fund.	2908

Sec. 3332.084.  The student tuition recovery authority may:

2909

(A) Adopt bylaws for the regulation of its affairs and the	2910
conduct of its business;	2911

(B) Maintain a principal office at such place within the	2912
state as is designated by the authority;	2913

(C) DistributeDirect moneys fromto be paid by the surety on	2914
the bond required by section 3332.08 of the Revised Code and	2915
distribute moneys from the student tuition recovery fund to or on	2916
behalf of students who are determined eligible by the authority;	2917

(D) Reduce contributions to or utilize excess money in the	2918
fund, as provided in division (C) of section 3332.085 of the	2919
Revised Code.	2920

Section 4. That existing sections 3332.04, 3332.08, 3332.082,	2921
and 3332.084 of the Revised Code are hereby repealed.	2922

Section 5. That Section 94.10 of Am. Sub. H.B. 94 of the	2923
124th General Assembly be amended to read as follows:	2924

Sec. 94.10.  SEA GRANTS

2925

The foregoing appropriation item 235-402, Sea Grants, shall	2926
be disbursed to The Ohio State University and shall be used to	2927
conduct research on fish in Lake Erie.	2928

INFORMATION SYSTEM

2929

The foregoing appropriation item 235-409, Information System,	2930
shall be used by the Board of Regents to operate the higher	2931
education information data system known as the Higher Education	2932
Information System.	2933

STUDENT SUPPORT SERVICES

2934

The foregoing appropriation item 235-502, Student Support	2935
Services, shall be distributed by the Board of Regents to Ohio's	2936
state-assisted colleges and universities that incur	2937
disproportionate costs in the provision of support services to	2938
disabled students.	2939

CENTRAL STATE SUPPLEMENT

2940

The foregoing appropriation item 235-514, Central State	2941
Supplement, shall be used by Central State University to keep	2942
undergraduate fees below the statewide average, consistent with	2943
its mission of service to many first-generation college students	2944
from groups historically underrepresented in higher education and	2945
from families with limited incomes.	2946

SHAWNEE STATE SUPPLEMENT

2947

The foregoing appropriation item 235-520, Shawnee State	2948
Supplement, shall be used by Shawnee State University as detailed	2949
by both of the following:	2950

(A) To allow Shawnee State University to keep its	2951
undergraduate fees below the statewide average, consistent with	2952
its mission of service to an economically depressed Appalachian	2953
region;	2954

(B) To allow Shawnee State University to employ new faculty	2955
to develop and teach in new degree programs that meet the needs of	2956
Appalachians.	2957

POLICE AND FIRE PROTECTION

2958

The foregoing appropriation item 235-524, Police and Fire	2959
Protection, shall be used for police and fire services in the	2960
municipalities of Kent, Athens, Oxford, Fairborn, Bowling Green,	2961
Portsmouth, Xenia Township (Greene County), and Rootstown	2962
Township, which may be used to assist these local governments in	2963
providing police and fire protection for the central campus of the	2964
state-affiliated university located therein. Each participating	2965
municipality and township shall receive at least five thousand	2966
dollars per year. Funds shall be distributed by the Board of	2967
Regents.	2968

SCHOOL OF INTERNATIONAL BUSINESS

2969

Of the foregoing appropriation item 235-547, School of	2970
International Business, $1,218,764 in each fiscal year shall be	2971
used for the continued development and support of the School of	2972
International Business of the state universities of northeast	2973
Ohio. The money shall go to the University of Akron. These funds	2974
shall be used by the university to establish a School of	2975
International Business located at the University of Akron. It may	2976
confer with Kent State University, Youngstown State University,	2977
and Cleveland State University as to the curriculum and other	2978
matters regarding the school.	2979

Of the foregoing appropriation item 235-547, School of	2980
International Business, $245,000 in each fiscal year shall be used	2981
by the University of Toledo College of Business for expansion of	2982
its international business programs.	2983

Of the foregoing appropriation item 235-547, School of	2984
International Business, $245,000 in each fiscal year shall be used	2985
by to support the Ohio State University BioMEMS program.	2986

CAPITAL COMPONENT

2987

The foregoing appropriation item 235-552, Capital Component,	2988
shall be used by the Board of Regents to implement the capital	2989
funding policy for state-assisted colleges and universities	2990
established in Am. H.B. No. 748 of the 121st General Assembly.	2991
Appropriations from this item shall be distributed to all campuses	2992
for which the estimated campus debt service attributable to new	2993
qualifying capital projects is less than the campus's	2994
formula-determined capital component allocation. Campus	2995
allocations shall be determined by subtracting the estimated	2996
campus debt service attributable to new qualifying capital	2997
projects from the campus formula-determined capital component	2998
allocation. Moneys distributed from this appropriation item shall	2999
be restricted to capital-related purposes.	3000

DAYTON AREA GRADUATE STUDIES INSTITUTE

3001

The foregoing appropriation item 235-553, Dayton Area	3002
Graduate Studies Institute, shall be used by the Board of Regents	3003
to support the Dayton Area Graduate Studies Institute, an	3004
engineering graduate consortium of three universities in the	3005
Dayton area: Wright State University, the University of Dayton,	3006
and the Air Force Institute of Technology, with the participation	3007
of the University of Cincinnati and The Ohio State University.	3008

LONG-TERM CARE RESEARCH

3009

The foregoing appropriation item 235-558, Long-term Care	3010
Research, shall be disbursed to Miami University for long-term	3011
care research.	3012

BOWLING GREEN STATE UNIVERSITY CANADIAN STUDIES CENTER

3013

The foregoing appropriation item 235-561, Bowling Green State	3014
University Canadian Studies Center, shall be used by the Canadian	3015
Studies Center at Bowling Green State University to study	3016
opportunities for Ohio and Ohio businesses to benefit from the	3017
Free Trade Agreement between the United States and Canada.	3018

URBAN UNIVERSITY PROGRAMS

3019

Of the foregoing appropriation item 235-583, Urban University	3020
Programs, universities receiving funds that are used to support an	3021
ongoing university unit shall certify periodically in a manner	3022
approved by the Board of Regents that program funds are being	3023
matched on a one-to-one basis with equivalent resources. Overhead	3024
support may not be used to meet this requirement. Where Urban	3025
University Program funds are being used to support an ongoing	3026
university unit, matching funds must come from continuing rather	3027
than one-time sources. At each participating state-assisted	3028
institution of higher education, matching funds must be within the	3029
substantial control of the individual designated by the	3030
institution's president as the Urban University Program	3031
representative.	3032

Of the foregoing appropriation item 235-583, Urban University	3033
Programs, $372,400 in each fiscal year shall be used to support a	3034
public communication outreach program (WCPN). The primary purpose	3035
of the program shall be to develop a relationship between	3036
Cleveland State University and nonprofit communications entities.	3037

Of the foregoing appropriation item 235-583, Urban University	3038
Programs, $176,400 in each fiscal year shall be used to support	3039
the Center for the Interdisciplinary Study of Education and the	3040
Urban Child at Cleveland State University. These funds shall be	3041
distributed according to rules adopted by the Board of Regents and	3042
shall be used by the center for interdisciplinary activities	3043
targeted toward increasing the chance of lifetime success of the	3044
urban child, including interventions beginning with the prenatal	3045
period. The primary purpose of the center is to study issues in	3046
urban education and to systematically map directions for new	3047
approaches and new solutions by bringing together a cadre of	3048
researchers, scholars, and professionals representing the social,	3049
behavioral, education, and health disciplines.	3050

Of the foregoing appropriation item 235-583, Urban University	3051
Programs, $254,800 in each fiscal year shall be used to support	3052
the Kent State University Learning and Technology Project. This	3053
project is a kindergarten through university collaboration between	3054
schools surrounding Kent's eight campuses in northeast Ohio, and	3055
corporate partners who will assist in development and delivery.	3056

The Kent State University Project shall provide a faculty	3057
member who has a full-time role in the development of	3058
collaborative activities and teacher instructional programming	3059
between Kent and the K-12th grade schools that surround its eight	3060
campuses; appropriate student support staff to facilitate these	3061
programs and joint activities; and hardware and software to	3062
schools that will make possible the delivery of instruction to	3063
pre-service and in-service teachers, and their students, in their	3064
own classrooms or school buildings. This shall involve the	3065
delivery of low-bandwidth streaming video and web-based	3066
technologies in a distributed instructional model.	3067

Of the foregoing appropriation item 235-583, Urban University	3068
Programs, $98,000 in each fiscal year shall be used to support the	3069
Ameritech Classroom/Center for Research at Kent State University.	3070

Of the foregoing appropriation item 235-583, Urban University	3071
Programs, $980,000 in each fiscal year shall be used to support	3072
the Polymer Distance Learning Project at the University of Akron.	3073

Of the foregoing appropriation item 235-583, Urban University	3074
Programs, $49,000 in each fiscal year shall be distributed to the	3075
Kent State University/Cleveland Design Center program.	3076

Of the foregoing appropriation item 235-583, Urban University	3077
Programs, $245,000 in each fiscal year shall be used to support	3078
the Bliss Institute of Applied Politics at the University of	3079
Akron.	3080

Of the foregoing appropriation item 235-583, Urban University	3081
Programs, $14,700 in each fiscal year shall be used for the	3082
Advancing-Up Program at the University of Akron.	3083

Of the foregoing appropriation item 235-583, Urban University	3084
Programs, in each fiscal year $2,156,629 shall be distributed by	3085
the Board of Regents to Cleveland State University in support of	3086
the Maxine Goodman Levin College of Urban Affairs.	3087

Of the foregoing appropriation item 235-583, Urban University	3088
Programs, in each fiscal year $2,156,630 shall be distributed to	3089
the Northeast Ohio Research Consortium, the Urban Linkages	3090
Program, and the Urban Research Technical Assistance Grant	3091
Program. The distribution among the three programs shall be	3092
determined by the chair of the Urban University Program.	3093

INTERNATIONAL CENTER FOR WATER RESOURCES DEVELOPMENT

3094

The foregoing appropriation item 235-595, International	3095
Center for Water Resources Development, shall be used to support	3096
the International Center for Water Resources Development at	3097
Central State University. The center shall develop methods to	3098
improve the management of water resources for Ohio and for	3099
emerging nations.	3100

RURAL UNIVERSITY PROJECTS

3101

Of the foregoing appropriation item 235-587, Rural University	3102
Projects, Bowling Green State University shall receive $212,072 in	3103
each fiscal year, Miami University shall receive $324,503 in each	3104
fiscal year, and Ohio University shall receive $740,977 in each	3105
fiscal year. These funds shall be used to support the Institute	3106
for Local Government Administration and Rural Development at Ohio	3107
University, the Center for Public Management and Regional Affairs	3108
at Miami University, and the Center for Policy Analysis and Public	3109
Service at Bowling Green State University.	3110

Of the foregoing appropriation item 235-587, Rural University	3111
Projects, $24,500 in each fiscal year shall be used to support the	3112
Washington State Community College day care center.	3113

Of the foregoing appropriation item 235-587, Rural University	3114
Projects, $73,500 in each fiscal year shall be used to support	3115
the COAD/ILGARD/GOA Appalachian Leadership Initiative.	3116

A small portion of the funds provided to Ohio University	3117
shall also be used for the Institute for Local Government	3118
Administration and Rural Development State and Rural Policy	3119
Partnership with the Governor's Office of Appalachia and the	3120
Appalachian delegation of the General Assembly.	3121

OHIO RESOURCE CENTER FOR MATHEMATICS, SCIENCE, AND READING

3122

The foregoing appropriation item 235-588, Ohio Resource	3123
Center for Mathematics, Science, and Reading, shall be used to	3124
support a resource center for mathematics, science, and reading to	3125
be located at a state-assisted university for the purpose of	3126
identifying best educational practices in primary and secondary	3127
schools and establishing methods for communicating them to	3128
colleges of education and school districts.	3129

HAZARDOUS MATERIALS PROGRAM

3130

The foregoing appropriation item 235-596, Hazardous Materials	3131
Program, shall be disbursed to Cleveland State University for the	3132
operation of a program to certify firefighters for the handling of	3133
hazardous materials. Training shall be available to all Ohio	3134
firefighters.	3135

Of the foregoing appropriation item 235-596, Hazardous	3136
Materials Program, $150,000 in each fiscal year shall be used to	3137
support the Center for the Interdisciplinary Study of Education	3138
and Leadership in Public Service at Cleveland State University.	3139
These funds shall be distributed by the Board of Regents and shall	3140
be used by the center targeted toward increasing the role of	3141
special populations in public service and not-for-profit	3142
organizations. The primary purpose of the center is to study	3143
issues in public service and to guide strategies for attracting	3144
new communities into public service occupations by bringing	3145
together a cadre of researchers, scholars and professionals	3146
representing the public administration, social behavioral, and	3147
education disciplines.	3148

NATIONAL GUARD SCHOLARSHIP PROGRAM

3149

The Board of Regents shall disburse funds from appropriation	3150
item 235-599, National Guard Scholarship Program, at the direction	3151
of the Adjutant General.	3152

OHIO HIGHER EDUCATIONAL FACILITY COMMISSION SUPPORT

3153

The foregoing appropriation item 235-602, HEFC	3154
Administration, shall be used by the Board of Regents for	3155
operating expenses related to the Board of Regents' support of the	3156
activities of the Ohio Higher Educational Facility Commission.	3157
Upon the request of the chancellor, the Director of Budget and	3158
Management shall transfer up to $12,000 cash from Fund 461 to Fund	3159
4E8 in each fiscal year of the biennium.	3160

CAPITAL SCHOLARSHIP PROGRAMS

3161

The Chancellor of the Board of Regents may, for the purpose	3162
of providing up to one hundred twenty-five scholarships in each	3163
fiscal year in the amount of $2,000 each for students enrolled in	3164
Ohio's public and private institutions of higher education to	3165
participate in either the Washington Center Internship Program or	3166
the Kent State University Columbus Program in Intergovernmental	3167
Issues, utilize any funds from any appropriation within the budget	3168
of the Board of Regents that the Chancellor determines to be	3169
available, not to exceed $250,000 in any fiscal year. The	3170
scholarships to students participating in the Kent State	3171
University Columbus Program in Intergovernmental Issues shall be	3172
made only in fiscal year 2003 and only if adequate funds are	3173
available. The scholarships to students participating in the	3174
Washington Center Internship shall be matched by the Washington	3175
Center's scholarship funds.	3176

Section 6. That existing Section 94.10 of Am. Sub. H.B. 94 of	3177
the 124th General Assembly is hereby repealed.	3178

Section 7. Sections 3 and 4 of this act shall take effect	3179
July 1, 2003.	3180

Section 8. Within sixty days after the effective date of this	3181
act, the Governor shall appoint an additional member who has been	3182
engaged for at least the immediately preceding five years in an	3183
executive or managerial position at a career school to the State	3184
Board of Career Colleges and Schools pursuant to section 3332.03	3185
of the Revised Code, as amended by this act. Such member shall	3186
hold office until the twentieth day of November following the	3187
member's appointment and shall be eligible for reappointment to a	3188
full five-year term under that section.	3189