REPRESENTATIVES Callender, Calvert, Hartnett, Distel, Carano, Fedor

To amend sections 955.43, 1713.02, 1713.03, 1713.25,

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2741.01, 3332.01, 3332.02, 3332.03, 3332.031,

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3332.04, 3332.05, 3332.051, 3332.06, 3332.07,

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3332.08, 3332.081, 3332.082, 3332.083, 3332.085,

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3332.09, 3332.091, 3332.092, 3332.10 to 3332.13,

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3332.18, 3333.043, 3333.12, 3333.29, 3334.01,

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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

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

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

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changes to the oversight of career schools by

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changing the name of the State Board of Proprietary

12

School Registration to the State Board of Career

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Colleges and Schools, directing the Board to

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establish the period of time that a career school

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must maintain a surety bond, eliminating the

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requirement that agents for career schools maintain

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surety bonds, altering the structure of the Board

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by adding an additional member with a background in

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career school management and by making the student

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representative a nonvoting member, establishing a

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fixed rate of compensation for Board members,

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eliminating the requirement that the Ohio Board of

23

Regents recommend whether to approve applications

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for the issuance or renewal of program

25

authorizations for associate degree programs at

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career schools, making the legislative members of

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the Student Tuition Recovery Authority nonvoting ex

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officio members, specifying that students are

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eligible for reimbursement of prepaid tuition

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losses only in the event of a school closure,

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paying reimbursements for prepaid tuition losses

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from the career school's surety bond beginning July

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1, 2003, and by making other revisions to the

34

oversight of career schools; to enable students

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enrolled in eligible institutions prior to July 1,

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2000, to receive student workforce development

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grants; to permit the Chancellor of the Ohio Board

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of Regents to grant Capital Scholarships to

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students enrolled in public and private

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institutions of higher education for their

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participation in Kent State University's Columbus

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Program in Intergovernmental Issues; and to amend

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sections 3332.04, 3332.08, 3332.082, and 3332.084

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of the Revised Code effective July 1, 2003.

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

Section 1. That sections 955.43, 1713.02, 1713.03, 1713.25,	46
2741.01, 3332.01, 3332.02, 3332.03, 3332.031, 3332.04, 3332.05,	47
3332.051, 3332.06, 3332.07, 3332.08, 3332.081, 3332.082, 3332.083,	48
3332.085, 3332.09, 3332.091, 3332.092, 3332.10, 3332.11, 3332.12,	49
3332.13, 3332.18, 3333.043, 3333.12, 3333.29, 3334.01, 3365.01,	50
3365.15, 4742.05, 4742.06, 4743.03, 4762.02, 4763.05, 5107.58,	51
5747.01, and 5919.34 of the Revised Code be amended to read as	52
follows:	53

Sec. 955.43.  (A) When a blind, deaf, or mobility impaired	54
person is accompanied by a dog that serves as or is in training to	55
become a guide, leader, listener, or support dog for himthe	56
person, and hethe person can show proof by certificate or other	57
means that the dog leading himthe person, listening for himthe	58
person, or providing support or assistance for himthe person has	59
been or is being trained for that purpose by a nonprofit special	60
agency engaged in such work, the person is entitled to the full	61
and equal accommodations, advantages, facilities, and privileges	62
of all public conveyances, hotels, lodging places, all places of	63
public accommodation, amusement, or resort, all institutions of	64
education, and other places to which the general public is	65
invited, and may take the dog into such conveyances and places,	66
subject only to the conditions and limitations applicable to all	67
persons not so accompanied, except that:	68

(1) The dog shall not occupy a seat in any public	69
conveyance.	70

(2) The dog shall be upon a leash while using the facilities	71
of a common carrier.	72

(3) Any dog in training to become a guide, leader, listener,	73
or support dog shall be covered by a liability insurance policy	74
provided by the nonprofit special agency engaged in such work	75
protecting members of the public against personal injury or	76
property damage caused by the dog.	77

(B) No person shall deprive a blind, deaf, or mobility	78
impaired person of any of the advantages, facilities, or	79
privileges provided in division (A) of this section, nor charge	80
the blind, deaf, or mobility impaired person a fee or charge for	81
the dog.	82

(C) As used in this section, "institutions of education"	83
means:	84

(1) Any state university or college as defined in section	85
3345.32 of the Revised Code;	86

(2) Any private college or university that holds a	87
certificate of authorization issued by the Ohio board of regents	88
pursuant to Chapter 1713. of the Revised Code;	89

(3) Any elementary or secondary school operated by a board	90
of education;	91

(4) Any chartered or nonchartered nonpublic elementary or	92
secondary school;	93

(5) Any school issued a certificate of registration by the	94
state board of proprietary school registrationcareer colleges and	95
schools.	96

Sec. 1713.02.  (A) Any institution described in division (A)	97
of section 1713.01 of the Revised Code may become incorporated	98
under sections 1702.01 to 1702.58 of the Revised Code.	99

(B) Except as provided in division (E) of this section, no	100
nonprofit institution or corporation of the type described in	101
division (A) of section 1713.01 of the Revised Code that is	102
established after October 13, 1967, may confer degrees, diplomas,	103
or other written evidences of proficiency or achievement, until it	104
has received a certificate of authorization issued by the Ohio	105
board of regents, nor shall any such institution or corporation	106
identify itself as a "college" or "university" unless it has	107
received a certificate of authorization from the board.	108

(C) Except as provided in division (E) of this section, no	109
institution of the type described in division (A)(3) or (B) of	110
section 1713.01 of the Revised Code that intends to offer or	111
offers a course or courses within this state, but that did not	112
offer a course or courses within this state on or before October	113
13, 1967, may confer degrees, diplomas, or other written evidences	114
of proficiency or achievement or offer any course or courses	115
within this state until it has received a certificate of	116
authorization from the Ohio board of regents, nor shall the	117
institution identify itself as a "college" or "university" unless	118
it has received such a certificate from the board.	119

(D) Each certificate of authorization shall specify the	120
diplomas or degrees authorized to be given, courses authorized to	121
be offered, and the sites at which courses are to be conducted. A	122
copy of such certificate shall be filed with the secretary of	123
state if the institution is incorporated. Any institution or	124
corporation established or that offered a course or courses of	125
instruction in this state prior to October 13, 1967, may apply to	126
the board for a certificate of authorization, and the board shall	127
issue a certificate if it finds that such institution or	128
corporation meets the requirements established pursuant to	129
sections 1713.01, 1713.02, 1713.03, 1713.04, 1713.06, 1713.09, and	130
1713.25 of the Revised Code.	131

(E) An institution that clearly identifies itself in its	132
name with the phrase "bible college" or "bible institute" and has	133
not received a certificate of authorization may confer diplomas	134
and other written evidences of proficiency or achievement other	135
than associate, baccalaureate, master's, and doctoral degrees or	136
any other type of degree and may identify itself as a "bible	137
college" if such institution:	138

(1) Prominently discloses on any transcripts, diplomas, or	139
other written evidences of proficiency or achievement, and	140
includes with any promotional material or other literature	141
intended for the public, the statement: "this institution is not	142
certified by the board of regents or the state of Ohio."	143

(2) Limits its course of instruction to religion, theology,	144
or preparation for a religious vocation, or is operated by a	145
church or religious organization and limits its instruction to	146
preparation for service to churches or other religious	147
organizations.	148

(3) Confers only diplomas and other written evidences of	149
proficiency or achievement that bear titles clearly signifying the	150
religious nature of the instruction offered by the institution.	151

(F) Except as otherwise provided in section 3333.046 of the	152
Revised Code, no school of the type described in division (E) of	153
section 3332.01 of the Revised Code that intends to offer or	154
offers a degree program within this state or solicits students	155
within this state may confer a baccalaureate, master's, or	156
doctoral degree or solicit students for such degree programs until	157
it has received both a certificate of authorization from the board	158
of regents under this chapter and program authorization from the	159
state board of proprietary school registrationcareer colleges and	160
schools for such degree program under section 3332.05 of the	161
Revised Code.	162

Sec. 1713.03.  The Ohio board of regents shall establish	163
standards for certificates of authorization to be issued to	164
institutions as defined in section 1713.01 of the Revised Code, to	165
private institutions exempt from regulation under Chapter 3332. of	166
the Revised Code as prescribed in section 3333.046 of the Revised	167
Code, and to schools holding certificates of registration issued	168
by the state board of proprietary school registrationcareer	169
colleges and schools pursuant to division (C) of section 3332.05	170
of the Revised Code. A certificate of authorization may permit an	171
institution or school to award one or more types of degrees.	172

The standards for a certificate of authorization may include,	173
for various types of institutions, schools, or degrees, minimum	174
qualifications for faculty, library, laboratories, and other	175
facilities as adopted and published by the Ohio board of regents.	176
The standards shall be adopted by the board pursuant to Chapter	177
119. of the Revised Code.	178

An institution or school shall apply to the board for a	179
certificate of authorization on forms containing such information	180
as is prescribed by the board. Each institution or school with a	181
certificate of authorization shall file an annual report with the	182
board in such form and containing such information as the board	183
prescribes.	184

Sec. 1713.25.  The board of trustees of an institution of	185
learning incorporated under the authority of this state for the	186
sole purpose of promoting education, religion and morality, or the	187
fine arts, at a regular or special meeting of such board called	188
for that purpose, after thirty days' actual notice to each	189
trustee, may change the name and enlarge the purposes and objects	190
of such institution of learning, by amendment to its charter,	191
approved by a majority of the board.	192

No institution as defined in section 1713.01 of the Revised	193
Code or school that holds a certificate of registration issued by	194
the state board of proprietary school registrationcareer colleges	195
and schools pursuant to division (C) of section 3332.05 (C) of the	196
Revised Code, that has been issued a certificate of authorization	197
by the Ohio board of regents shall change the purposes of the	198
institution without giving written notice to the Ohio board of	199
regents, which shall issue an amended certificate of authorization	200
to the institution or school upon receipt of such notice.	201

Sec. 2741.01.  As used in this chapter:

202

(A) "Persona" means an individual's name, voice, signature,	203
photograph, image, likeness, or distinctive appearance, if any of	204
these aspects have commercial value.	205

(B) "Commercial purpose" means the use of or reference to an	206
aspect of an individual's persona in any of the following manners:	207

(1) On or in connection with a place, product, merchandise,	208
goods, services, or other commercial activities not expressly	209
exempted under this chapter;	210

(2) For advertising or soliciting the purchase of products,	211
merchandise, goods, services, or other commercial activities not	212
expressly exempted under this chapter;	213

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

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(4) For the purpose of fundraising.

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(C) "Name" means the actual, assumed, or clearly	216
identifiable name of or reference to a living or deceased	217
individual that identifies the individual.	218

(D) "Right of publicity" means the property right in an	219
individual's persona to use the individual's persona for a	220
commercial purpose.	221

(E) "Trier of fact" means the jury or, in a nonjury action,	222
the court.	223

(F) "Written consent" includes written, electronic, digital,	224
or any other verifiable means of authorization.	225

(G) "Institution of higher education" means a state	226
institution of higher education as defined in section 3345.011 of	227
the Revised Code, a private nonprofit college or university	228
located in this state that possesses a certificate of	229
authorization issued by the Ohio board of regents pursuant to	230
Chapter 1713. of the Revised Code, or a school located in this	231
state that possesses a certificate of registration and one or more	232
program authorizations issued by the state board of proprietary	233
school registrationcareer colleges and schools under Chapter	234
3332. of the Revised Code.	235

Sec. 3332.01.  As used in this section and sections 3332.03	236
to 3332.99 of the Revised Code:	237

(A) "Agent" means any individual whose primary duties,	238
performed while on or off school premises, include distribution of	239
literature or information on behalf of a person offering a	240
program, and the solicitation of prospective students in Ohio to	241
enroll for a fee in a program.	242

(B) "Certificate of registration" means a certificate issued	243
by the state board of proprietary school registrationcareer	244
colleges and schools to the owner or operator of a for profit or	245
nonprofit private career school located within or without the	246
state of Ohio, that permits the school to solicit students and	247
offer and maintain a program in Ohio.	248

(C) "Program" means the completea course of study, whether	249
offered in a specific place, by correspondence using the mails, or	250
by any other means of communication, designed to prepare students	251
for potential employment in a recognized vocation, occupation, or	252
profession and lead to aat the certificate, diploma, or degree	253
level.	254

(D) "Program authorization" means written notification by	255
the board to a private career school granting approval for	256
offering programs and awarding certificates, diplomas, or degrees.	257

(E) "Private career school" or "school" means a person	258
possessing a certificate of registration and one or more program	259
authorizations.	260

Sec. 3332.02.  This chapter does not apply to the following	261
categories of courses, schools, or colleges:	262

(A) Tuition-free courses or schools conducted by employers	263
exclusively for their own employees;	264

(B) Nonprofit institutions with certificates of	265
authorization issued pursuant to section 1713.02 of the Revised	266
Code or that are nonprofit institutions exempted from the	267
requirement to obtain a certificate by division (E) of that	268
section;	269

(C) Schools, colleges, technical colleges, or universities	270
established by law or chartered by the Ohio board of regents;	271

(D) Courses of instruction required by law to be approved or	272
licensed, or given by institutions approved or licensed, by a	273
state board or agency other than the state board of school and	274
college registrationcareer colleges and schools, except that a	275
school so approved or licensed may apply to the state board of	276
proprietary school registrationcareer colleges and schools for a	277
certificate of registration to be issued in accordance with this	278
chapter;	279

(E) Schools for which minimum standards are prescribed by	280
the state board of education pursuant to division (D) of section	281
3301.07 of the Revised Code;	282

(F) Courses of instruction conducted by a public school	283
district or a combination of public school districts;	284

(G) Courses of instruction conducted outside the United	285
States;	286

(H) Private institutions exempt from regulation under this	287
chapter as prescribed in section 3333.046 of the Revised Code;	288

(I) Training courses for employees paid for by their	289
employers and conducted by outside service providers.	290

Sec. 3332.03.  There is hereby created the state board of	291
proprietary school registrationcareer colleges and schools to	292
consist of the state superintendent of public instruction or an	293
assistant superintendent designated by the superintendent, the	294
chancellor of the Ohio board of regents or a vice chancellor	295
designated by the chancellor, and fivesix members appointed by	296
the governor, with the advice and consent of the senate. Members'	297
terms of office shall be for five years, commencing on the	298
twenty-first day of November and ending on the twentieth day of	299
November. Each member shall hold office from the date of his	300
appointment until the end of the term for which hethe member was	301
appointed.	302

TwoThree of the members appointed by the governor shall have	303
been engaged for a period of not less than five years immediately	304
preceding appointment in an executive or managerial position in a	305
private, trade, technical, or other school subject to this	306
chapter. One member appointed by the governor shall be a	307
representative of students and shall have graduated with an	308
associate or baccalaureate degree, within five years prior to his	309
appointment, from a school subject to this chapter. Two members	310
appointed by the governor shall be representatives of the general	311
public and shall have had no affiliation with, or direct or	312
indirect interest in, schools subject to this chapter for at least	313
two years prior to appointment. In selecting the representatives	314
of the general public, the governor shall make an effort to find	315
individuals with background or experience in the regulation of	316
commerce, business, or education. The two members of the board	317
who are representatives of the general public shall not be	318
affiliated in any way with or have any direct or indirect interest	319
in any schools subject to this chapter during their terms. Except	320
for enrollment in a school subject to this chapter, the member	321
representing students shall have had no affiliation in any way	322
with, or have any direct or indirect interest in any school	323
subject to this chapter for at least two years prior to his	324
appointment or during histhe member's term.	325

Any vacancy shall be filled in the manner provided for	326
original appointment. Any member appointed to fill a vacancy	327
occurring prior to the expiration of the term for which histhe	328
member's predecessor was appointed shall hold office for the	329
remainder of such term. Any appointed member shall continue in	330
office subsequent to the expiration date of histhe member's term	331
until histhe member's successor takes office, or until a period	332
of sixty days has elapsed, whichever occurs first.	333

All seven membersMembers of the board have full voting	334
rights. The members shall not be paid for their services, but the,	335
except for the member representing students who shall be a	336
nonvoting member. Each member of the board appointed by the	337
governor shall be compensated at the rate established pursuant to	338
division (J) of section 124.15 of the Revised Code, but shall not	339
receive step advancements, for those days the member is engaged in	340
the discharge of official duties. In addition, members appointed	341
by the governor may be compensated for the expenses necessarily	342
incurred in the attendance at meetings or in performing other	343
services for the board. The chairmanchairperson of the board	344
shall annually be elected or determined as follows:	345

(A) If both members of the board representing the general	346
public have served on the board for at least one year, the members	347
shall elect one of these two members as chairmanchairperson. If	348
one of these members declines to be elected or serve, the other	349
member representing the general public shall be chairman	350
chairperson. If both members representing the general public	351
decline to be elected or serve, division (C) of this section shall	352
apply.	353

(B) If only one member of the board representing the general	354
public has served on the board for at least one year, this member	355
shall be chairmanchairperson. If this member declines to serve,	356
division (C) of this section shall apply.	357

(C) If neither member of the board representing the general	358
public has served on the board for at least one year or if this	359
division applies pursuant to division (A) or (B) of this section,	360
the members of the board shall elect a chairmanchairperson from	361
among any of the voting members of the board who have served on	362
the board for at least one year.	363

Sec. 3332.031.  The state board of proprietary school	364
registrationcareer colleges and schools shall:	365

(A) Adopt rules under Chapter 119. of the Revised Code	366
necessary to carry out its duties and responsibilities under this	367
chapter;	368

(B) Establish minimum standards for the registration and	369
operation of private career schools including but not necessarily	370
limited to standards to ensure school financial stability;	371

(C) Issue certificates of registration to private career	372
schools pursuant to division (A) of section 3332.05 of the Revised	373
Code;	374

(D) Suspend or revoke the certificate of registration of	375
schools pursuant to sections 3332.09 and 3332.091 of the Revised	376
Code;	377

(E) Establish minimum standards for certificate, diploma,	378
and degree programs offered by schools;	379

(F) Issue program authorization pursuant to divisions (B)	380
and (C) of section 3332.05 of the Revised Code;	381

(G) Suspend or revoke program authorization for schools	382
pursuant to sections 3332.09 and 3332.091 of the Revised Code;	383

(H) Establish minimum standards, including but not	384
necessarily limited to a code of ethics, for agents employed by	385
schools registered under this chapter to reasonably ensure that	386
such agents provide adequate, ethical, and accurate information to	387
prospective students;	388

(I) Grant permits to agents pursuant to sections 3332.10 and	389
3332.11 of the Revised Code;	390

(J) Suspend or revoke an agent's permit pursuant to section	391
3123.47 or 3332.12 of the Revised Code;	392

(K) Monitor recruitment and admissions practices of schools	393
holding certificates of registration to ensure compliance with	394
this chapter and the rules of the board;	395

(L)(1) Adopt rules requiring all schools to provide all	396
applicant students, prior to their signing enrollment agreements,	397
written information concerning the school's graduation and	398
placement rates for each of the preceding three years and any	399
other information the board deems pertinent.	400

(2) Adopt rules requiring all schools to provide any student	401
or applicant student, prior to the signing of any financial aid,	402
grant, or loan application, written information concerning the	403
obligations of a student obtaining such financial aid, grant, or	404
loan.	405

(3) Upon request, a school shall furnish the board with a	406
copy of all information required by this division. The board	407
shall monitor schools to ensure their compliance with this	408
division.	409

(M) Adopt a rule requiring all schools to include, in the	410
enrollment agreement, notice that any problems the student is	411
having with the school, or complaints the student has about the	412
school, may be directed to the board, which notice shall include	413
the telephone number of the executive director of the board;	414

(N) Report annually to the governor and the general assembly	415
on the activities of the board and private career schools, and	416
make legislative recommendations when necessary to enable the	417
board to better serve the student population and the schools	418
registered under this chapter;	419

(O) Adopt a rule requiring a uniform tuition refund policy	420
for all schools subject to this chapter. In adopting the rule,	421
the board shall consider the tuition refund policies effectuated	422
by state-supported colleges and universities. Each school subject	423
to this chapter shall furnish to each prospective student, prior	424
to the signing of an enrollment agreement, a copy of the tuition	425
refund policy.	426

(P) Adopt a rule establishing minimum standards for all	427
faculty and instructional staff in all instructional programs at a	428
school. In the case of full-time faculty members employed for	429
degree programs, such standards shall include all of the	430
following:	431

(1) A prohibition against employing on or after July 1,	432
1993, any new full-time faculty member to teach the general study	433
portion of any degree program, unless the person holds a master's	434
degree in the subject matter discipline or holds a master's degree	435
in education with proficiency in the subject matter discipline	436
demonstrated in accordance with the standards adopted by the	437
board.	438

(2) Except as provided under the standards adopted pursuant	439
to division (P)(3) of this section, a prohibition against	440
employing or reemploying on or after July 1, 1998, any full-time	441
faculty member to teach the general study portion of any degree	442
program, unless the person holds a master's degree in the subject	443
matter discipline or holds a master's degree in education with	444
proficiency in the subject matter discipline demonstrated in	445
accordance with the standards adopted by the board.	446

(3) Standards under which the board, upon written request	447
submitted to the board prior to July 1, 1994, by any school, may	448
exempt the school from the prohibition adopted pursuant to	449
division (P)(2) of this section with regard to any individual	450
full-time faculty member employed by the school who has	451
demonstrated outstanding teaching performance in the general study	452
portion of any degree program at the school for a period of at	453
least six years prior to July 1, 1993.	454

(4) Definitions of "full-time faculty member," "new faculty	455
member," and any other term the board considers necessary to	456
define.	457

(Q) Adopt a rule prohibiting a school or branch campus	458
thereof from claiming accreditation from an accrediting agency in	459
any of its advertising, recruiting, or promotional materials	460
unless the agency is recognized as an accrediting agency by the	461
United States department of education.	462

Sec. 3332.04.  The state board of proprietary school	463
registrationcareer colleges and schools may appoint an executive	464
director and such other staff as may be required for the	465
performance of the board's duties and provide necessary	466
facilities. In selecting an executive director, the board shall	467
appoint an individual with a background or experience in the	468
regulation of commerce, business, or education. The board may	469
also arrange for services and facilities to be provided by the	470
state board of education and the Ohio board of regents. All	471
receipts of the board shall be deposited in the state treasury to	472
the credit of the general revenue fund.	473

Sec. 3332.05.  (A) The state board of proprietary school	474
registrationcareer colleges and schools shall issue a certificate	475
of registration to an applicant of good reputation seeking to	476
offer one or more programs upon receipt of the fee established in	477
accordance with section 3332.07 of the Revised Code and upon	478
determining the applicant has the facilities, resources, and	479
faculty to provide students with the kind of instruction that it	480
proposes to offer and meets the minimum standards of the board. A	481
certificate of registration shall be granted or denied within one	482
hundred twenty days of the receipt of the application therefor by	483
the board. A person shall obtain a separate certificate for each	484
location at which the person offers programs. The first	485
certificate of registration issued on or after the effective date	486
of this amendmentJune 29, 1999, for each new location is valid	487
for one year, unless earlier revoked for cause by the board under	488
section 3332.09 of the Revised Code. Any other certificate of	489
registration is valid for two years, unless earlier revoked for	490
cause by the board under that section.	491

(B) The board shall issue program authorization for an	492
associate degree, certificate, or diploma program to an applicant	493
holding a certificate of registration issued pursuant to division	494
(A) of this section upon receipt of the fee established in	495
accordance with section 3332.07 of the Revised Code and upon	496
determining the applicant has the facilities, resources, and	497
faculty to provide students the kind of program it proposes to	498
offer and meets the minimum standards of the state board.	499

The state board shall promptly furnish the Ohio board of	500
regents a copy of all applications for issuance or renewal of	501
program authorization to offer any associate degree program. Prior	502
to the issuance or renewal of such program authorization the state	503
board shall conduct an on-site visit of the school proposing the	504
program. A representative of the board of regents shall	505
participate in the visit. Within twenty-one days of the on-site	506
visit the representative of the board of regents shall provide the	507
state board with a written statement recommending approval or	508
disapproval of the application.	509

Any program authorization issued by the board under this	510
division is valid only for the specified program at the location	511
for which it is issued and does not cover any other program	512
offered at the school or at other schools operated by the owner.	513
Program authorization is valid for the period of time specified by	514
the board, unless earlier suspended or revoked for cause by the	515
board under section 3332.09 of the Revised Code.	516

(C)(1) The state board shall accept and review applications	517
for program authorization for baccalaureate, master's, and	518
doctoral degree programs only from the following:	519

(a) Any school holding a certificate of registration issued	520
by the board that has held such certificate for the ten previous	521
consecutive years;	522

(b) Any school holding a certificate of registration issued	523
by the board that also holds an equivalent certificate issued by	524
another state and has held the equivalent certificate for the ten	525
previous consecutive years.	526

(2) After review the board shall refer any application it	527
finds valid to the Ohio board of regents for approval. The board	528
of regents shall review, and approve or disapprove, such degree	529
programs and if so approved, issue certificates of authorization	530
to such schools to offer such degree programs pursuant to Chapter	531
1713. of the Revised Code. The board of regents shall notify the	532
state board of proprietary school registrationcareer colleges and	533
schools of each school registered with the state board that	534
receives a certificate of authorization and the approval to offer	535
any degree program. Upon receipt of such notification and the fee	536
established in accordance with section 3332.07 of the Revised	537
Code, the state board shall review, and may issue program	538
authorization to offer, such a degree program. Any program	539
authorization issued by the board under this division is valid	540
only for the specified program at the location for which it is	541
issued and does not cover any other program offered at the school	542
or at other schools operated by the owner. Program authorization	543
is valid for the period of time specified by the board, unless	544
earlier suspended or revoked for cause by the board under section	545
3332.09 of the Revised Code. The state board shall not issue such	546
program authorization unless the degree program has been approved	547
by the board of regents.	548

(D) The board may cause an investigation to be made into the	549
correctness of the information submitted in any application	550
received under this section. If the board believes that false,	551
misleading, or incomplete information has been submitted to it in	552
connection with any application, the board shall conduct a hearing	553
on the matter pursuant to Chapter 119. of the Revised Code, and	554
may withhold a certificate of registration or program	555
authorization upon finding that the applicant has failed to meet	556
the standards for such certificate or program authorization or has	557
submitted false, misleading, or incomplete information to the	558
board. Application for a certificate of registration or program	559
authorization shall be made in writing to the board on forms	560
furnished by the board. A certificate of registration or program	561
authorization is not transferable and shall be prominently	562
displayed on the premises of an institution.	563

The board shall assign registration numbers to all schools	564
registered with it. Schools shall display their registration	565
numbers on all school publications and on all advertisements	566
bearing the name of the school.	567

Notwithstanding the requirements of this section for issuance	568
of certificates of registration and program authorization, the	569
board may, in accordance with rules adopted by it, grant	570
certificates of registration and program authorization to schools,	571
colleges, institutes, or universities that have been approved by	572
the state department of education pursuant to the "Act of March 3,	573
1966," 80 Stat. 20, 38 U.S.C.A. 1771.	574

Sec. 3332.051.  The state board of proprietary school	575
registrationcareer colleges and schools shall direct that a	576
written survey be obtained by schools subject to this chapter,	577
which shall be used to solicit comments from students enrolled at	578
such schools. The board shall establish the guidelines for the	579
survey by rule. The survey shall be designed to determine student	580
satisfaction with the quality of instruction, facilities, school	581
personnel, and business operations, including recruitment and	582
recruitment agents. The board shall adopt rules for the	583
administration of surveys and shall include provisions to ensure	584
student anonymity. Surveys shall be administered prior to the end	585
of each school year. Completed surveys shall be collected by the	586
holder of the certificate of registration or the director or	587
administrator of the school and shall be compiled by the school.	588
Each school shall retain the surveys and the compiled results on	589
file for at least three years and shall make them available to the	590
state board for examination upon request. The holder of a	591
certificate of registration shall be responsible for ensuring that	592
completed surveys are in no way altered.	593

Sec. 3332.06.  (A)(1) No program shall be established,	594
offered, or given for a charge, fee, or other contribution; no	595
certificate, diploma, degree, or other written evidence of	596
proficiency or achievement shall be offered whether in a specified	597
place, by correspondence, or any other means of communication, or	598
awarded; and no student enrollment in such program shall be	599
solicited through advertising, agents, mail circulars, or other	600
means, until the person planning to offer or offering such	601
program, certificate, diploma, or degree has obtained a	602
certificate of registration and appropriate program authorization	603
in accordance with section 3332.05 of the Revised Code. No school	604
shall offer a baccalaureate, master's, or doctoral degree program	605
unless it has received a certificate of authorization from the	606
Ohio board of regents and program authorization from the state	607
board of proprietary school registrationcareer colleges and	608
schools.	609

(2) No institution receiving a certificate of registration	610
after July 28, 1989, shall call itself a "university" unless it	611
meets all of the following conditions:	612

(a) It also holds an equivalent certificate issued by	613
another state;	614

(b) It calls itself a "university" in that other state, as	615
permitted under the terms of the other state's certificate;	616

(c) It has been issued degree program authorization under	617
division (C) of section 3332.05 of the Revised Code.	618

(B) The board shall petition the court of common pleas of	619
the county in which a person or agent, as defined in section	620
3332.01 of the Revised Code, offers one or more programs subject	621
to this chapter or advertises for the offering of such programs	622
without a certificate of registration and program authorization,	623
for an order enjoining such offering or advertising. The court	624
may grant such injunctive relief upon a showing that the	625
respondent named in the petition is offering or advertising one or	626
more programs without a certificate of registration and program	627
authorization.	628

Sec. 3332.07.  (A) Each application for issuance and renewal	629
of a certificate of registration, for the issuance and renewal of	630
program authorization, for issuance and renewal of agent's	631
permits, and for any other service specified by the state board of	632
proprietary school registrationcareer colleges and schools shall	633
be accompanied by the required fee. Fees submitted under this	634
section are not returnable even if approval or renewal is denied.	635

(B) Fee schedules for the issuance and renewal of	636
certificates of registration, for the issuance and renewal of	637
program authorization, for issuance and renewal of agent's	638
permits, and for any other service specified by the board shall be	639
established by rule adopted by the state board. The fee for a	640
one-year certificate of registration shall be one-half the fee for	641
a two-year certificate.	642

(C) If in any fiscal year the amount received in fees under	643
this section does not equal or exceed fifty per cent of board	644
expenditures for the fiscal year, the board shall increase fees	645
for the ensuing fiscal year by an amount estimated to be	646
sufficient to produce revenues equal to fifty per cent of	647
estimated expenditures for that ensuing fiscal year.	648

Sec. 3332.08.  The application for a certificate of	649
registration shall be accompanied by a surety bond in the penal	650
sum of ten thousand dollars with conditions and in a form	651
prescribed by the state board of proprietary school registration	652
career colleges and schools with at least one corporate bonding	653
company approved by the department of insurance as surety thereon.	654
Bond shall be maintained in effect for three years by any school	655
that has existed under the same ownership for five years	656
immediately before the effective date of this amendment, for five	657
years after the effective date of this amendment, or its later	658
original registration, for any other school; and for five years	659
after the approval of a change of ownership of any schoola period	660
specified by rule of the board. The board may permit a school to	661
cancel its bond if the school has been approved to participate in	662
any federal student financial assistance program authorized under	663
Title IV of the "Higher Education Act of 1965," 20 U.S.C.A. 1070	664
et seq., as amended, or if the school meets standards of financial	665
responsibility otherwise established by the board. The bond shall	666
provide for the indemnification of any person suffering loss as	667
the result of any fraud or misrepresentation used in behalf of the	668
principal in procuring such person's enrollment in a program,	669
including repayment of tuition paid in advance by any student.	670

The liability of the surety on such bond for the school	671
covered shall not exceed the sum of ten thousand dollars as an	672
aggregate for all students for all breaches of the conditions of	673
the bond by the school. The term of the bond shall be continuous,	674
but it shall be subject to cancellation by the surety in the	675
manner described in this section. The bond shall provide blanket	676
coverage for the acts of all persons engaged as agents of the	677
school without naming them and without regard to the time they are	678
engaged during the term of the bond.	679

The surety may terminate the bond upon giving a sixty-day	680
written notice to the principal and to the state board of	681
proprietary school registrationcareer colleges and schools, but	682
the liability of the surety for acts of the principal and its	683
agents continues during the sixty days of cancellation notice. The	684
notice does not absolve the surety from liability which accrues	685
before the cancellation becomes final but which is discovered	686
after that date and which may have arisen at any time during the	687
term of the bond. Unless the bond is replaced by that of another	688
surety before the expiration of the sixty days notice of	689
cancellation, the certificate of registration shall be suspended.	690
Any person subject to this section required to file a bond with an	691
application for a certificate of registration may file, in lieu	692
thereof, cash, a certificate of deposit, letter of credit, or	693
government bonds in the amount of ten thousand dollars. The	694
deposit is subject to the same terms and conditions as are	695
provided for in the surety bond required herein. Any interest or	696
earnings on such deposits are payable to the depositor.	697

Sec. 3332.081.  The student tuition recovery authority is	698
created as a body corporate and politic of this state. The	699
purpose of the authority is to protect students of any school	700
registered by the state board of proprietary school registration	701
career colleges and schools from prepaid tuition loss for the	702
academic term, whether due to business failure or any other reason	703
for which the student is not legally responsiblea school closure.	704

The authority shall consist of five members as follows: the	705
executive director of the state board of proprietary school	706
registrationcareer colleges and schools, the executive director	707
of the Ohio council of privateassociation of career colleges and	708
schools, the treasurer of state or histhe treasurer of state's	709
designee, the chairmanchairperson of the senate committee that	710
primarily deals with education, and the chairmanchairperson of	711
the committee of the house of representatives that primarily deals	712
with education. The chairpersons of the legislative committees	713
that primarily deal with education shall be nonvoting ex officio	714
members. Each voting member of the authority, before entering	715
upon histhe member's official duties, shall take an oath as	716
provided by Section 7 of Article XV, Ohio Constitution. The	717
authority shall elect one of its voting members as chairman	718
chairperson and another as vice-chairmanvice-chairperson, and	719
shall appoint a secretary-treasurer who need not be a member of	720
the authority.	721

All meetings of the authority shall be public. All final	722
actions of the authority shall be journalized and such journal and	723
the records of the authority shall be open to public inspection at	724
all reasonable times.	725

Sec. 3332.082.  The state board of proprietary school	726
registrationcareer colleges and schools may pursue any lawful	727
means of assuring that students of any school registered by the	728
state board do not suffer prepaid tuition loss as a result of a	729
business failure or other defaultthe closure of a school. This	730
may include lawsuits against a school or any individual who may	731
reasonably have liability as a result of the default, in which the	732
attorney general shall advise and represent the board. Any student	733
seeking reimbursement for a prepaid tuition loss shall submit a	734
claim for reimbursement to the board not later than one year	735
following the school's closure.	736

On and after January 1, 1991, anyAny reimbursement for a	737
prepaid tuition loss or advance against a possible prepaid tuition	738
loss of a student, and any expenses reasonably incurred by the	739
board in its pursuit of any remedy, shall be paid from the student	740
tuition recovery fund created by section 3332.083 of the Revised	741
Code. ThisTuition loss does not include moneys held by a school	742
in escrow accounts for tuition or fees for future terms, as	743
uncommitted grants, loans, or Pell grant money. If the fund is	744
not of sufficient size to pay the students the full amount of	745
their prepaid fee, the studentsstudent tuition recovery authority	746
shall determine the percentage of the amount that will be paid.	747

Any money recovered from the defaulting school, any	748
individual with liability for the default, or the surety under a	749
bond provided under section 3332.08 of the Revised Code shall be	750
deposited into the fund.	751

Sec. 3332.083.  The student tuition recovery fund is created	752
in the custody of the treasurer of state, but not as a part of the	753
state treasury. All revenues received from payments recieved	754
received under section 3332.085 of the Revised Code from schools	755
registered by the state board of proprietary school registration	756
career colleges and schools and any other sources shall be	757
deposited into the fund. The treasurer of state shall invest any	758
portion of the fund not needed for immediate use in the same	759
manner as in the investment of state funds. All investment	760
earnings of the fund shall be credited to the fund. The treasurer	761
of state shall disburse money from the fund on order of the	762
chairmanchairperson of the student tuition recovery authority or	763
histhe chairperson's designee.	764

All moneys and other assets acquired by the authority shall	765
be held in trust to carry out its powers and duties and shall be	766
used and reused to provide for the services described in this	767
chapter.	768

Sec. 3332.085.  (A) Not later than the thirty-first day of	769
August in each year, each school registered by the state board of	770
proprietary school registrationcareer colleges and schools shall	771
pay into the student tuition recovery fund in the following	772
amounts:	773

(1) Schools initially registered or sold on or after July	774
28, 1989, for the first five payments $500;	775

(2) Any other school, according to its prior year's tuition	776
receipts:	777

Checks shall be made payable to the student tuition recovery	782
fund and sent to the executive director of the state board, who	783
shall promptly forward all such receipts to the treasurer of	784
state. Failure of a school to make a payment is cause for	785
cancellation of its certificate of registration.	786

(B) The student tuition recovery authority may impose a	787
special assessment on the schools in an amount up to the amount of	788
an annual contribution if the draw on the money exceeds the money	789
on hand.	790

(C) Once the fund has assets in excess of liabilities of	791
approximately one million dollars, the authority may:	792

(1) Reduce or eliminate the annual contributions, except on	793
institutions that are required to contribute to the fund for at	794
least a five-year period. The reduction in contributions to the	795
fund will be at the discretion of the authority but they will be	796
guided by the objective to maintain assets in excess of	797
liabilities of approximately one million dollars.	798

(2) Utilize moneys in excess of the assets required to be	799
maintained in the fund by division (C)(1) of this section for the	800
purposes of disseminating consumer information about proprietary	801
private career schools and maintaining student records from closed	802
schools.	803

Sec. 3332.09.  The state board of proprietary school	804
registrationcareer colleges and schools may limit, suspend,	805
revoke, or refuse to issue or renew a certificate of registration	806
or program authorization or may impose a penalty pursuant to	807
section 3332.091 of the Revised Code for any one or combination of	808
the following causes:	809

(A) Violation of any provision of sections 3332.01 to	810
3332.09 of the Revised Code, the board's minimum standards, or any	811
rule made by the board;	812

(B) Furnishing of false, misleading, deceptive, altered, or	813
incomplete information or documents to the board;	814

(C) The signing of an application or the holding of a	815
certificate of registration by a person who has pleaded guilty or	816
has been found guilty of a felony or has pleaded guilty or been	817
found guilty of a crime involving moral turpitude;	818

(D) The signing of an application or the holding of a	819
certificate of registration by a person who is addicted to the use	820
of any controlled substance, or who is found to be mentally	821
incompetent;	822

(E) Violation of any commitment made in an application for a	823
certificate of registration or program authorization;	824

(F) Presenting to prospective students, either at the time	825
of solicitation or enrollment, or through advertising, mail	826
circulars, or phone solicitation, misleading, deceptive, false, or	827
fraudulent information relating to any program, employment	828
opportunity, or opportunities for enrollment in accredited	829
institutions of higher education after entering or completing	830
programs offered by the holder of a certificate of registration;	831

(G) Failure to provide or maintain premises or equipment for	832
offering programs in a safe and sanitary condition;	833

(H) Refusal by an agent to display the agent's permit upon	834
demand of a prospective student or other interested person;	835

(I) Failure to maintain financial resources adequate for the	836
satisfactory conduct of programs as presented in the plan of	837
operation or to retain a sufficient number and qualified staff of	838
instruction, except that nothing in this chapter requires an	839
instructor to be licensed by the state board of education or to	840
hold any type of post-high school degree;	841

(J) Offering training or programs other than those presented	842
in the application, except that schools may offer special courses	843
adapted to the needs of individual students when the special	844
courses are in the subject field specified in the application;	845

(K) Discrimination in the acceptance of students upon the	846
basis of race, color, religion, sex, or national origin;	847

(L) Accepting the services of an agent not holding a valid	848
permit issued under section 3332.10 or 3332.11 of the Revised	849
Code;	850

(M) The use of monetary or other valuable consideration by	851
the school's agents or representatives to induce prospective	852
students to enroll in the school, or the practice of awarding	853
monetary or other valuable considerations without board approval	854
to students in exchange for procuring the enrollment of others;	855

(N) Failure to provide at the request of the board, any	856
information, records, or files pertaining to the operation of the	857
school or recruitment and enrollment of students.	858

If the board modifies or adopts additional minimum standards	859
or rules pursuant to section 3332.031 of the Revised Code, all	860
schools and agents shall have sixty days from the effective date	861
of the modifications or additional standards or rules to comply	862
with such modifications or additions.	863

Sec. 3332.091.  (A)(1) Any person adversely affected by the	864
actions of a certificate holder may file a complaint with the	865
state board of proprietary school registrationcareer colleges and	866
schools alleging that any school registered with the board has	867
violated any provision of section 3332.09 of the Revised Code. The	868
complaint shall be in writing and signed by the complainant and	869
shall be filed with the board within six months after the	870
violations allegedly were committed. Upon receiving a complaint,	871
the board shall initiate a preliminary investigation to determine	872
whether it is probable that violations were committed. If the	873
board determines after preliminary investigation that it is not	874
probable that any violations were committed, it shall notify the	875
person who filed the complaint that it has so determined and that	876
it will not issue a formal complaint in the matter.	877

If the board determines after a preliminary investigation	878
that it is probable that violations were committed, it may issue a	879
formal complaint under division (A)(2) of this section or it may	880
endeavor to eliminate such practices by informal methods of	881
conference, conciliation, and persuasion. Nothing said or done	882
during these endeavors shall be disclosed by any member of the	883
board or its staff or be used as evidence in any subsequent	884
proceedings. If, after such investigation and conference, the	885
board is satisfied that such violations will be eliminated, it may	886
treat the complaint as conciliated, and entry of such disposition	887
shall be made in the records of the board.	888

(2) If as a result of any informal methods utilized under	889
division (A)(1) of this section, the board fails to effect the	890
elimination of violations or fails to obtain voluntary compliance	891
with this chapter, the board shall issue a formal complaint to the	892
holder of a certificate of registration of the school under	893
investigation. The formal complaint shall state the charges	894
against the school and requiregrant the certificate holder the	895
opportunity to appear before the board at a public hearing	896
pursuant to Chapter 119. of the Revised Code. The board shall	897
hold the public hearing not sooner than thirty days after issuance	898
of the formal complaint. Any formal complaint issued pursuant to	899
this section must be issued within one year after the state	900
board's receipt of a complaint from a person adversely affected by	901
the actions of a certificate holder.	902

If at the time of issuing a formal complaint, the board has	903
reasonable cause to believe that the violations that are the	904
subject of the complaint will continue and constitute an immediate	905
threat to the welfare of current and prospective students, the	906
board, for a period not to exceed the lesser of ninety days or the	907
period of time until a final adjudication order dismissing the	908
complaint or imposing a penalty is issued under this section, may:	909

(a) Issue an order prohibiting the school's agents from	910
personally contacting students;	911

(b) Issue an order prohibiting the school from using any	912
advertising, recruiting, or promotional materials unless such	913
materials have been approved by the board. The board must approve	914
or disapprove any materials submitted to it under such an order	915
within thirty days of their receipt.	916

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

917

If, after a public hearing, the board determines that the	918
holder of a certificate of registration has violated any provision	919
of section 3332.09 of the Revised Code, the board shall issue a	920
final adjudication order levying a civil penalty pursuant to	921
division (B) of this section or limiting, suspending, or revoking	922
the certificate of registration or program authorization or any	923
combination thereof. The board may impose additional penalties	924
including but not necessarily limited to curtailment of	925
advertising, and discontinuation of enrollment of students in	926
specific programs. Upon suspension or revocation, the board	927
immediately shall also issue an order pursuant to Chapter 119. of	928
the Revised Code requiring such person immediately to cease all	929
sales, advertising, and enrollment activities.	930

(B) Pursuant to division (A) of this section, the board may	931
impose a civil penalty of not less than one thousand nor more than	932
three thousand five hundred dollars for each violation of section	933
3332.09 of the Revised Code, but not to exceed an aggregate	934
penalty of thirty-five thousand dollars in any six-month period.	935

(C) The board shall prepare an annual report that documents	936
the disposition of all complaints, their status, board action, and	937
the elapsed time from the initial filing of the complaint until	938
final resolution. The report shall be made available to anyone	939
upon request.	940

(D) The board may, upon its own initiative and independent	941
of the filing of any complaints, conduct a preliminary	942
investigation relating to any possible violations of section	943
3332.09 of the Revised Code.	944

At any time while a school is in session, the board or its	945
designee may conduct on-site inspections and reviews of a school	946
and its courses of instruction. The board shall conduct such	947
visits and reviews, including visits without prior notice to the	948
schools, as necessary to ensure compliance with this chapter.	949

All books, records, and files of a school shall be open for	950
inspection by the board, its designees, or staff during on-site	951
inspections, or whenever requested by the board for the purpose of	952
ensuring compliance with the provisions of this chapter.	953

For the purpose of conducting any investigation, inspection,	954
or review, the board may administer oaths, take the testimony of	955
any person under oath, issue subpoenas, compel the attendance of	956
witnesses, or require the production for examination of any books	957
and papers relating to any matter under investigation or in	958
question before the board.	959

(E) During the course of any investigation under division	960
(A) or (D) of this section, the board shall refer all possible	961
violations of Chapter 1345. of the Revised Code to the attorney	962
general.	963

Sec. 3332.092.  Any school subject to this chapter receiving	964
money under section 3333.12 of the Revised Code on behalf of a	965
student who is determined by the state board of proprietary school	966
registrationcareer colleges and schools to be ineligible under	967
such section because the program in which hethe student is	968
enrolled does not lead to an associate or baccalaureate degree,	969
shall be liable to the state for the amount specified in section	970
3333.12 of the Revised Code. The state board of proprietary	971
school registrationcareer colleges and schools shall suspend the	972
certificate of registration of a school receiving money under	973
section 3333.12 of the Revised Code for such ineligible student	974
until such time as the money is repaid to the Ohio board of	975
regents.	976

Sec. 3332.10.  (A) No individual shall sell any program or	977
solicit students therefor in this state unless hethe individual	978
is an employee of the school. Any individual whose primary duty,	979
whether on or off school premises, is to solicit prospective	980
students shall first secure a permit as an agent from the state	981
board of proprietary school registrationcareer colleges and	982
schools. If the agent represents more than one school, a separate	983
permit shall be obtained for each school represented by himthe	984
agent. An agent who represents a person that operates more than	985
one school in the same geographical area, as determined by the	986
board, need not obtain a separate permit for each such school.	987
Upon approval for a permit, the board shall issue a pocket card to	988
the individual, giving histhe individual's name, address, permit	989
number, and the name and address of histhe employing school, and	990
certifying that the individual whose name appears on the card is	991
an authorized agent of the school.	992

(B) The application for a permit shall be made on forms to	993
be furnished by the board and accompanied by the fee established	994
in accordance with section 3332.07 of the Revised Code and a	995
surety bond acceptable to the board in the penal sum of one	996
thousand dollars. A permit shall be renewed every twelve months	997
and shall be valid for up to thirty days after its expiration	998
date. The surety bond may be continuous and shall be conditioned	999
to provide indemnification to any student suffering loss as a	1000
result of any fraud or misrepresentation used in procuring his	1001
enrollment, and may be supplied by an agent of a school or by the	1002
school itself as a blanket bond covering all of its agents in the	1003
amount of one thousand dollars for each agent. The liability of	1004
the surety on such bond for each agent covered shall not exceed	1005
the sum of one thousand dollars as an aggregate for all students	1006
for all breaches of the conditions of the bond by such agents. The	1007
surety of any such bond may cancel the same upon giving thirty	1008
days' notice in writing to the board and is relieved of liability	1009
for any breach of condition occurring after the effective date of	1010
the cancellation. An application for renewal shall be accompanied	1011
by the fee established in accordance with section 3332.07 of the	1012
Revised Code and a surety bond as provided in this section, if a	1013
continuous bond has not been furnished.	1014

(C) Each school subject to this chapter shall assume full	1015
responsibility for the actions, statements, and conduct of its	1016
agents, and shall provide them with adequate training and arrange	1017
for proper supervision of their work. The board shall hold	1018
schools liable for the actions, statements, and conduct of agents	1019
that violate any provision of this chapter, unless an agent's acts	1020
or omissions were manifestly outside the scope of histhe agent's	1021
employment or official responsibilities.	1022

Sec. 3332.11.  Any agent's permit applied for pursuant to	1023
section 3332.10 of the Revised Code shall be granted or denied	1024
within thirty days of the receipt of the application by the state	1025
board of proprietary school registrationcareer colleges and	1026
schools. If the board has not completed its determination with	1027
respect to the issuance of a permit within such thirty-day period,	1028
it shall issue a temporary permit to the applicant, which permit	1029
is sufficient to meet the requirements of section 3332.10 of the	1030
Revised Code until such time as such determination is made.	1031

No permit shall be issued to any person found by the board	1032
not to be of good moral character.	1033

Sec. 3332.12.  Any agent's permit issued may be suspended or	1034
revoked by the state board of proprietary school registration	1035
career colleges and schools if the holder of the permit solicits	1036
or enrolls students through fraud, deception, or	1037
misrepresentation, upon a finding that the permit holder has	1038
violated any provision enumerated in division (A), (B), (F), (H),	1039
(J), (K), or (M) of section 3332.09 of the Revised Code, or upon	1040
finding that the permit holder is not of good moral character.	1041

Upon receipt of any written complaint from any person, the	1042
board shall conduct a preliminary investigation. If after such	1043
investigation or if as a result of any investigation conducted	1044
under division (A) or (D) of section 3332.091 of the Revised Code,	1045
the board determines it is probable violations were committed, the	1046
board shall hold informal conferences in the same manner as	1047
provided in section 3332.091 of the Revised Code with an agent	1048
believed to be in violation of one or more of the above	1049
conditions. If after sixty days these conferences fail to	1050
eliminate the agent's objectionable practices or procedures, the	1051
board shall issue a formal complaint to the agent and the school	1052
that employs the agent. The formal complaint shall state the	1053
charges against the agent and the holder of the certificate	1054
certificate of registration of the school and shall require them	1055
to appear before the board at a public hearing pursuant to Chapter	1056
119. of the Revised Code. If, after the public hearing, the board	1057
determines that an agent has violated one or more of the	1058
provisions described above, the board shall suspend or revoke the	1059
agent's permit.	1060

If after such hearing the board also determines that the	1061
school at which the agent was employed was negligent in its	1062
supervision of the agent or encouraged or caused the commission of	1063
the violations, the board shall levy penalties against such school	1064
in accordance with division (A) of section 3332.091 of the Revised	1065
Code. Nothing said or done in the informal conferences shall be	1066
disclosed by the board or any member of its staff nor be used as	1067
evidence in any subsequent proceedings.	1068

Sec. 3332.13.  The fact that a bond is in force pursuant to	1069
section 3332.103332.08 of the Revised Code does not limit nor	1070
impair any right of recovery otherwise available pursuant to law,	1071
nor is the amount of such bond relevant in determining the amount	1072
of damages or other relief to which any plaintiff may be entitled.	1073

Sec. 3332.18.  On receipt of a notice pursuant to section	1074
3123.43 of the Revised Code, the state board of proprietary school	1075
registrationcareer colleges and schools shall comply with	1076
sections 3123.41 to 3123.50 of the Revised Code and any applicable	1077
rules adopted under section 3123.63 of the Revised Code with	1078
respect to a permit issued pursuant to this chapter.	1079

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

1080

(1) "Institution of higher education" means the state	1081
universities listed in section 3345.011 of the Revised Code,	1082
municipal educational institutions established under Chapter 3349.	1083
of the Revised Code, community colleges established under Chapter	1084
3354. of the Revised Code, university branches established under	1085
Chapter 3355. of the Revised Code, technical colleges established	1086
under Chapter 3357. of the Revised Code, state community colleges	1087
established under Chapter 3358. of the Revised Code, any	1088
institution of higher education with a certificate of registration	1089
from the state board of proprietary school registrationcareer	1090
colleges and schools, and any institution for which the Ohio board	1091
of regents receives a notice pursuant to division (C) of this	1092
section.	1093

(2) "Community service" has the same meaning as in section	1094
3313.605 of the Revised Code.	1095

(B)(1) The board of trustees or other governing entity of	1096
each institution of higher education shall encourage and promote	1097
participation of students in community service through a program	1098
appropriate to the mission, student population, and environment of	1099
each institution. The program may include, but not be limited to,	1100
providing information about community service opportunities during	1101
student orientation or in student publications; providing awards	1102
for exemplary community service; encouraging faculty members to	1103
incorporate community service into students' academic experiences	1104
wherever appropriate to the curriculum; encouraging recognized	1105
student organizations to undertake community service projects as	1106
part of their purposes; and establishing advisory committees of	1107
students, faculty members, and community and business leaders to	1108
develop cooperative programs that benefit the community and	1109
enhance student experience. The program shall be flexible in	1110
design so as to permit participation by the greatest possible	1111
number of students, including part-time students and students for	1112
whom participation may be difficult due to financial, academic,	1113
personal, or other considerations. The program shall emphasize	1114
community service opportunities that can most effectively use the	1115
skills of students, such as tutoring or literacy programs. The	1116
programs shall encourage students to perform services that will	1117
not supplant the hiring of, result in the displacement of, or	1118
impair any existing employment contracts of any particular	1119
employee of any private or governmental entity for which services	1120
are performed.	1121

(2) The Ohio board of regents shall encourage all	1122
institutions of higher education in the development of community	1123
service programs. With the assistance of the Ohio community	1124
service council created in section 121.40 of the Revised Code,	1125
the board of regents shall make available information about higher	1126
education community service programs to institutions of higher	1127
education and to statewide organizations involved with or	1128
promoting volunteerism, including information about model	1129
community service programs, teacher training courses, and	1130
community service curricula and teaching materials for possible	1131
use by institutions of higher education in their programs. The	1132
board shall encourage institutions of higher education to jointly	1133
coordinate higher education community service programs through	1134
consortia of institutions or other appropriate means of	1135
coordination.	1136

(C) The board of trustees of any nonprofit institution with	1137
a certificate of authorization issued by the Ohio board of regents	1138
pursuant to Chapter 1713. of the Revised Code or the governing	1139
authority of a private institution exempt from regulation under	1140
Chapter 3332. of the Revised Code as prescribed in section	1141
3333.046 of the Revised Code may notify the board of regents that	1142
it is making itself subject to divisions (A) and (B) of this	1143
section. Upon receipt of such a notice, these divisions shall	1144
apply to that institution.	1145

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

1146

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

1147

(a) An Ohio resident;

1148

(b) Enrolled in either of the following:

1149

(i) An accredited institution of higher education in this	1150
state that meets the requirements of Title VI of the Civil Rights	1151
Act of 1964 and is state-assisted, is nonprofit and has a	1152
certificate of authorization from the Ohio board of regents	1153
pursuant to Chapter 1713. of the Revised Code, has a certificate	1154
of registration from the state board of proprietary school	1155
registrationcareer colleges and schools and program authorization	1156
to award an associate or bachelor's degree, or is a private	1157
institution exempt from regulation under Chapter 3332. of the	1158
Revised Code as prescribed in section 3333.046 of the Revised	1159
Code. Students who attend an institution that holds a certificate	1160
of registration shall be enrolled in a program leading to an	1161
associate or bachelor's degree for which associate or bachelor's	1162
degree program the institution has program authorization issued	1163
under section 3332.05 of the Revised Code.	1164

(ii) A technical education program of at least two years	1165
duration sponsored by a private institution of higher education in	1166
this state that meets the requirements of Title VI of the Civil	1167
Rights Act of 1964.	1168

(c) Enrolled as a full-time student or enrolled as a less	1169
than full-time student for the term expected to be the student's	1170
final term of enrollment and is enrolled for the number of credit	1171
hours necessary to complete the requirements of the program in	1172
which the student is enrolled.	1173

(2) "Gross income" includes all taxable and nontaxable income	1174
of the parents, the student, and the student's spouse, except	1175
income derived from an Ohio academic scholarship, income earned by	1176
the student between the last day of the spring term and the first	1177
day of the fall term, and other income exclusions designated by	1178
the board. Gross income may be verified to the board by the	1179
institution in which the student is enrolled using the federal	1180
financial aid eligibility verification process or by other means	1181
satisfactory to the board.	1182

(3) "Resident," "full-time student," "dependent,"	1183
"financially independent," and "accredited" shall be defined by	1184
rules adopted by the board.	1185

(B) The Ohio board of regents shall establish and administer	1186
an instructional grant program and may adopt rules to carry out	1187
this section. The general assembly shall support the	1188
instructional grant program by such sums and in such manner as it	1189
may provide, but the board may also receive funds from other	1190
sources to support the program. If the amounts available for	1191
support of the program are inadequate to provide grants to all	1192
eligible students, preference in the payment of grants shall be	1193
given in terms of income, beginning with the lowest income	1194
category of gross income and proceeding upward by category to the	1195
highest gross income category.	1196

An instructional grant shall be paid to an eligible student	1197
through the institution in which the student is enrolled, except	1198
that no instructional grant shall be paid to any person serving a	1199
term of imprisonment. Applications for such grants shall be made	1200
as prescribed by the board, and such applications may be made in	1201
conjunction with and upon the basis of information provided in	1202
conjunction with student assistance programs funded by agencies of	1203
the United States government or from financial resources of the	1204
institution of higher education. The institution shall certify	1205
that the student applicant meets the requirements set forth in	1206
divisions (A)(1)(b) and (c) of this section. Instructional grants	1207
shall be provided to an eligible student only as long as the	1208
student is making appropriate progress toward a nursing diploma or	1209
an associate or bachelor's degree. No student shall be eligible	1210
to receive a grant for more than ten semesters, fifteen quarters,	1211
or the equivalent of five academic years. A grant made to an	1212
eligible student on the basis of less than full-time enrollment	1213
shall be based on the number of credit hours for which the student	1214
is enrolled and shall be computed in accordance with a formula	1215
adopted by the board. No student shall receive more than one	1216
grant on the basis of less than full-time enrollment.	1217

An instructional grant shall not exceed the total	1218
instructional and general charges of the institution.	1219

(C) The tables in this division prescribe the maximum grant	1220
amounts covering two semesters, three quarters, or a comparable	1221
portion of one academic year. Grant amounts for additional terms	1222
in the same academic year shall be determined under division (D)	1223
of this section.	1224

For a full-time student who is a dependent and enrolled in a	1225
nonprofit educational institution that is not a state-assisted	1226
institution and that has a certificate of authorization issued	1227
pursuant to Chapter 1713. of the Revised Code, the amount of the	1228
instructional grant for two semesters, three quarters, or a	1229
comparable portion of the academic year shall be determined in	1230
accordance with the following table:	1231

Private Institution

1233

Table of Grants

1234

For a full-time student who is financially independent and	1255
enrolled in a nonprofit educational institution that is not a	1256
state-assisted institution and that has a certificate of	1257
authorization issued pursuant to Chapter 1713. of the Revised	1258
Code, the amount of the instructional grant for two semesters,	1259
three quarters, or a comparable portion of the academic year shall	1260
be determined in accordance with the following table:	1261

Private Institution

1263

Table of Grants

1264

For a full-time student who is a dependent and enrolled in an	1286
educational institution that holds a certificate of registration	1287
from the state board of proprietary school registrationcareer	1288
colleges and schools or a private institution exempt from	1289
regulation under Chapter 3332. of the Revised Code as prescribed	1290
in section 3333.046 of the Revised Code, the amount of the	1291
instructional grant for two semesters, three quarters, or a	1292
comparable portion of the academic year shall be determined in	1293
accordance with the following table:	1294

Proprietary Career Institution

1295

Table of Grants

1296

For a full-time student who is financially independent and	1317
enrolled in an educational institution that holds a certificate of	1318
registration from the state board of proprietary school	1319
registrationcareer colleges and schools or a private institution	1320
exempt from regulation under Chapter 3332. of the Revised Code as	1321
prescribed in section 3333.046 of the Revised Code, the amount of	1322
the instructional grant for two semesters, three quarters, or a	1323
comparable portion of the academic year shall be determined in	1324
accordance with the following table:	1325

Proprietary Career Institution

1326

Table of Grants

1327

For a full-time student who is a dependent and enrolled in a	1349
state-assisted educational institution, the amount of the	1350
instructional grant for two semesters, three quarters, or a	1351
comparable portion of the academic year shall be determined in	1352
accordance with the following table:	1353

Public Institution

1354

Table of Grants

1355

For a full-time student who is financially independent and	1376
enrolled in a state-assisted educational institution, the amount	1377
of the instructional grant for two semesters, three quarters, or a	1378
comparable portion of the academic year shall be determined in	1379
accordance with the following table:	1380

Public Institution

1381

Table of Grants

1382

(D) For a full-time student enrolled in an eligible	1404
institution for a semester or quarter in addition to the portion	1405
of the academic year covered by a grant determined under division	1406
(C) of this section, the maximum grant amount shall be a	1407
percentage of the maximum prescribed in the applicable table of	1408
that division. The maximum grant for a fourth quarter shall be	1409
one-third of the maximum amount prescribed under that division.	1410
The maximum grant for a third semester shall be one-half of the	1411
maximum amount prescribed under that division.	1412

(E) No grant shall be made to any student in a course of	1413
study in theology, religion, or other field of preparation for a	1414
religious profession unless such course of study leads to an	1415
accredited bachelor of arts, bachelor of science, associate of	1416
arts, or associate of science degree.	1417

(F)(1) Except as provided in division (F)(2) of this	1418
section, no grant shall be made to any student for enrollment	1419
during a fiscal year in an institution with a cohort default rate	1420
determined by the United States secretary of education pursuant to	1421
the "Higher Education Amendments of 1986," 100 Stat. 1278, 1408,	1422
20 U.S.C.A. 1085, as amended, as of the fifteenth day of June	1423
preceding the fiscal year, equal to or greater than thirty per	1424
cent for each of the preceding two fiscal years.	1425

(2) Division (F)(1) of this section does not apply to the	1426
following:	1427

(a) Any student enrolled in an institution that under the	1428
federal law appeals its loss of eligibility for federal financial	1429
aid and the United States secretary of education determines its	1430
cohort default rate after recalculation is lower than the rate	1431
specified in division (F)(1) of this section or the secretary	1432
determines due to mitigating circumstances the institution may	1433
continue to participate in federal financial aid programs. The	1434
board shall adopt rules requiring institutions to provide	1435
information regarding an appeal to the board.	1436

(b) Any student who has previously received a grant under	1437
this section who meets all other requirements of this section.	1438

(3) The board shall adopt rules for the notification of all	1439
institutions whose students will be ineligible to participate in	1440
the grant program pursuant to division (F)(1) of this section.	1441

(4) A student's attendance at an institution whose students	1442
lose eligibility for grants under division (F)(1) of this section	1443
shall not affect that student's eligibility to receive a grant	1444
when enrolled in another institution.	1445

(G) Institutions of higher education that enroll students	1446
receiving instructional grants under this section shall report to	1447
the board all students who have received instructional grants but	1448
are no longer eligible for all or part of such grants and shall	1449
refund any moneys due the state within thirty days after the	1450
beginning of the quarter or term immediately following the quarter	1451
or term in which the student was no longer eligible to receive all	1452
or part of the student's grant. There shall be an interest charge	1453
of one per cent per month on all moneys due and payable after such	1454
thirty-day period. The board shall immediately notify the office	1455
of budget and management and the legislative service commission	1456
of all refunds so received.	1457

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

1458

(1) "Resident" has the meaning established for purposes of	1459
this section by rule of the Ohio board of regents.	1460

(2) "Eligible institution" means either:

1461

(a) A private career school registered in accordance with	1462
section 3332.05 of the Revised Code;	1463

(b) A private institution exempt from regulation under	1464
Chapter 3332. of the Revised Code as prescribed in section	1465
3333.046 of the Revised Code.	1466

(B) Beginning July 1, 2000, theThe Ohio board of regents	1467
shall establish and administer the student workforce development	1468
grant program and shall adopt rules for the administration of the	1469
program. Such rules shall be similar to the rules the Ohio board	1470
of regents adopts under section 3333.27 of the Revised Code.	1471

(C) The Ohio board of regents may make a grant to any	1472
resident of this state who is enrolled as a full-time student in	1473
an authorized baccalaureate degree or associate degree program at	1474
an eligible institution and who maintains an academic record that	1475
meets or exceeds a standard established by rule of the state board	1476
of proprietary school registration, except that no grant shall be	1477
made to any individual who was enrolled as a student in an	1478
eligible institution before July 1, 2000career colleges and	1479
schools. The size of an annual grant award shall be determined by	1480
the Ohio board of regents based on the amount of funds available	1481
for the program. The grant shall be prorated and paid in equal	1482
installments per academic term in accordance with division (E) of	1483
this section.	1484

(D) The Ohio board of regents shall prescribe the form and	1485
manner of application for grants and shall provide a method for	1486
eligible institutions to certify applicants who are enrolled in	1487
authorized baccalaureate degree or associate degree programs and	1488
have academic records meeting or exceeding the standard	1489
established by the state board of proprietary school registration	1490
career colleges and schools.	1491

(E) A grant awarded to an eligible student shall be paid to	1492
the eligible institution in which the student is enrolled, and	1493
the institution shall reduce the student's instructional and	1494
general charges by the amount of the grant. Each grant awarded	1495
shall be paid in accordance with division (C) of this section	1496
within thirty days after the start of each term of the academic	1497
year for which the grant is awarded. No student shall be eligible	1498
to receive grants for more than the equivalent of five academic	1499
years.	1500

(F) The receipt of a workforce development grant shall not	1501
affect a student's eligibility for assistance or the amount of	1502
such assistance granted under any other provision of state law. If	1503
a student receives assistance under one or more other provisions	1504
of state law, the grant made to the student under this section	1505
shall not exceed the difference between the total instructional	1506
and general charges assessed to the student by the eligible	1507
institution and the amount of total assistance the student	1508
receives under other provisions of state law.	1509

(G) The general assembly shall support the workforce	1510
development grant program with such appropriations as the general	1511
assembly sees fit. The Ohio board of regents may also receive	1512
funds from other sources to support the program.	1513

(H) Eligible institutions that enroll students receiving	1514
grants under this section shall report to the Ohio board of	1515
regents the name of each student who has received such a grant but	1516
who is no longer eligible for such a grant. In the event that an	1517
eligible student who has been awarded a grant under this section	1518
withdraws from enrollment at an institution during any term, the	1519
institution shall refund a prorated amount of the student's grant	1520
for that term to the Ohio board of regents in accordance with the	1521
school's refund policy.	1522

(I) Beginning July 1, 2000, theThe state board of	1523
proprietary school registrationcareer colleges and schools shall	1524
report to the Ohio board of regents each degree granting	1525
proprietaryprivate career school's job placement rate for the	1526
immediately preceding academic year. No grant awarded to an	1527
eligible student under this section shall be paid to a registered	1528
private career school if the school's job placement rate for	1529
baccalaureate degree and associate degree programs for the	1530
preceding academic year was less than seventy-five per cent.	1531

Sec. 3334.01.  As used in this chapter:

1532

(A) "Aggregate original principal amount" means the	1533
aggregate of the initial offering prices to the public of college	1534
savings bonds, exclusive of accrued interest, if any. "Aggregate	1535
original principal amount" does not mean the aggregate accreted	1536
amount payable at maturity or redemption of such bonds.	1537

(B) "Beneficiary" means:

1538

(1) An individual designated by the purchaser under a	1539
tuition payment contract or through a scholarship program as the	1540
individual on whose behalf tuition credits purchased under the	1541
contract or awarded through the scholarship program will be	1542
applied toward the payment of undergraduate, graduate, or	1543
professional tuition; or	1544

(2) An individual designated by the contributor under a	1545
variable college savings program contract as the individual whose	1546
tuition and other higher education expenses will be paid from a	1547
variable college savings program account.	1548

(C) "Capital appreciation bond" means a bond for which the	1549
following is true:	1550

(1) The principal amount is less than the amount payable at	1551
maturity or early redemption; and	1552

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

1553

(D) "Tuition credit" means a credit of the Ohio tuition	1554
trust authority purchased under section 3334.09 of the Revised	1555
Code.	1556

(E) "College savings bonds" means revenue and other	1557
obligations issued on behalf of the state or any agency or issuing	1558
authority thereof as a zero-coupon or capital appreciation bond,	1559
and designated as college savings bonds as provided in this	1560
chapter. "College savings bond issue" means any issue of bonds of	1561
which any part has been designated as college savings bonds.	1562

(F) "Institution of higher education" means a state	1563
institution of higher education, a private college, university, or	1564
other postsecondary institution located in this state that	1565
possesses a certificate of authorization issued by the Ohio board	1566
of regents pursuant to Chapter 1713. of the Revised Code or a	1567
certificate of registration issued by the state board of	1568
proprietary school registrationcareer colleges and schools under	1569
Chapter 3332. of the Revised Code, or an accredited college,	1570
university, or other postsecondary institution located outside	1571
this state that is accredited by an accrediting organization or	1572
professional association recognized by the authority. To be	1573
considered an institution of higher education, an institution	1574
shall meet the definition of an eligible educational institution	1575
under section 529 of the Internal Revenue Code.	1576

(G) "Issuing authority" means any authority, commission,	1577
body, agency, or individual empowered by the Ohio Constitution or	1578
the Revised Code to issue bonds or any other debt obligation of	1579
the state or any agency or department thereof. "Issuer" means the	1580
issuing authority or, if so designated under division (B) of	1581
section 3334.04 of the Revised Code, the treasurer of state.	1582

(H) "Tuition" means the charges imposed to attend an	1583
institution of higher education as an undergraduate, graduate, or	1584
professional student and all fees required as a condition of	1585
enrollment, as determined by the Ohio tuition trust authority.	1586
"Tuition" does not include laboratory fees, room and board, or	1587
other similar fees and charges.	1588

(I) "Weighted average tuition" means the tuition cost	1589
resulting from the following calculation:	1590

(1) Add the products of the annual undergraduate tuition	1591
charged to Ohio residents at each four-year state university	1592
multiplied by that institution's total number of undergraduate	1593
fiscal year equated students; and	1594

(2) Divide the gross total of the products from division	1595
(I)(1) of this section by the total number of undergraduate fiscal	1596
year equated students attending four-year state universities.	1597

(J) "Zero-coupon bond" means a bond which has a stated	1598
interest rate of zero per cent and on which no interest is payable	1599
until the maturity or early redemption of the bond, and is offered	1600
at a substantial discount from its original stated principal	1601
amount.	1602

(K) "State institution of higher education" includes the	1603
state universities listed in section 3345.011 of the Revised Code,	1604
community colleges created pursuant to Chapter 3354. of the	1605
Revised Code, university branches created pursuant to Chapter	1606
3355. of the Revised Code, technical colleges created pursuant to	1607
Chapter 3357. of the Revised Code, state community colleges	1608
created pursuant to Chapter 3358. of the Revised Code, the medical	1609
college of Ohio at Toledo, and the northeastern Ohio universities	1610
college of medicine.	1611

(L) "Four-year state university" means those state	1612
universities listed in section 3345.011 of the Revised Code.	1613

(M) "Principal amount" refers to the initial offering price	1614
to the public of an obligation, exclusive of the accrued interest,	1615
if any. "Principal amount" does not refer to the aggregate	1616
accreted amount payable at maturity or redemption of an	1617
obligation.	1618

(N) "Scholarship program" means a program registered with	1619
the Ohio tuition trust authority pursuant to section 3334.17 of	1620
the Revised Code.	1621

(O) "Internal Revenue Code" means the "Internal Revenue Code	1622
of 1986," 100 Stat. 2085, 26 U.S.C.A. 1 et seq., as amended.	1623

(P) "Other higher education expenses" means room and board	1624
and books, supplies, equipment, and nontuition-related fees	1625
associated with the cost of attendance of a beneficiary at an	1626
institution of higher education, but only to the extent that such	1627
expenses meet the definition of "qualified higher education	1628
expenses" under section 529 of the Internal Revenue Code. "Other	1629
higher education expenses" does not include tuition as defined in	1630
division (H) of this section.	1631

(Q) "Purchaser" means the person signing the tuition payment	1632
contract, who controls the account and acquires tuition credits	1633
for an account under the terms and conditions of the contract.	1634

(R) "Contributor" means a person who signs a variable	1635
college savings program contract with the Ohio tuition trust	1636
authority and contributes to and owns the account created under	1637
the contract.	1638

Sec. 3365.01.  As used in sections 3365.01 to 3365.10 of the	1639
Revised Code:	1640

(A) "College" means any state-assisted college or university	1641
described in section 3333.041 of the Revised Code, any nonprofit	1642
institution holding a certificate of authorization pursuant to	1643
Chapter 1713. of the Revised Code, any private institution exempt	1644
from regulation under Chapter 3332. of the Revised Code as	1645
prescribed in section 3333.046 of the Revised Code, and any	1646
institution holding a certificate of registration from the state	1647
board of proprietary school registrationcareer colleges and	1648
schools and program authorization for an associate or bachelor's	1649
degree program issued under section 3332.05 of the Revised Code.	1650

(B) "School district," except as specified in division (G)	1651
of this section, means any school district to which a student is	1652
admitted under section 3313.64, 3313.65, 3313.98, or 3317.08 of	1653
the Revised Code and does not include a joint vocational or	1654
cooperative education school district.	1655

(C) "Parent" has the same meaning as in section 3313.64 of	1656
the Revised Code.	1657

(D) "Participant" means a student enrolled in a college	1658
under the post-secondary enrollment options program established by	1659
this chapter.	1660

(E) "Secondary grade" means the ninth through twelfth	1661
grades.	1662

(F) "School foundation payments" means the amount required	1663
to be paid to a school district for a fiscal year under Chapter	1664
3317. of the Revised Code.	1665

(G) "Tuition base" means, with respect to a participant's	1666
school district, the formula amount defined in division (B) of	1667
section 3317.02 of the Revised Code multiplied by the district's	1668
cost-of-doing-business factor defined in division (N) of section	1669
3317.02 of the Revised Code. The participant's "school district"	1670
in the case of a participant enrolled in a community school shall	1671
be the school district in which the student is entitled to attend	1672
school under section 3313.64 or 3313.65 of the Revised Code.	1673

(H) "Educational program" means enrollment in one or more	1674
school districts, in a nonpublic school, or in a college under	1675
division (B) of section 3365.04 of the Revised Code.	1676

(I) "Nonpublic school" means a chartered or nonchartered	1677
school for which minimum standards are prescribed by the state	1678
board of education pursuant to division (D) of section 3301.07 of	1679
the Revised Code.	1680

(J) "School year" means the year beginning on the first day	1681
of July and ending on the thirtieth day of June.	1682

(K) "Community school" means any school established pursuant	1683
to Chapter 3314. of the Revised Code that includes secondary	1684
grades.	1685

(L) "Community school payments" means payments made by the	1686
department of education to a community school pursuant to division	1687
(D) of section 3314.08 of the Revised Code.	1688

Sec. 3365.15.  This section does not apply to students	1689
enrolled in twelfth grade after July 1, 2001.	1690

No later than July 1, 1999, the board of regents shall adopt	1691
rules under which it shall award at least a five-hundred dollar	1692
scholarship to each student who both:	1693

(A) After July 1, 1998, and while the student attends	1694
twelfth grade, attains on all five tests at least the scores	1695
designated under former division (A)(3) of section 3301.0710 of	1696
the Revised Code;	1697

(B) Submits to the board of regents, in the form and manner	1698
and by any deadline prescribed by the rules, evidence of having	1699
enrolled in a state-assisted college or university, a nonprofit	1700
institution holding a certificate of authorization pursuant to	1701
Chapter 1713. of the Revised Code, or an institution registered by	1702
the state board of proprietary school registrationcareer colleges	1703
and schools that has program authorization to award an associate	1704
or bachelor's degree.	1705

The board of regents shall pay each scholarship awarded under	1706
this section to the student. It may be used to defray any	1707
educational expenses.	1708

Sec. 4742.05.  (A) A proprietarycareer school that holds a	1709
valid certificate of registration from the state board of	1710
proprietary school registrationcareer colleges and schools may	1711
apply to the state board of education for certification of a basic	1712
course of emergency service telecommunicator training or of	1713
continuing education coursework in emergency service	1714
telecommunicator training. The state board of education shall	1715
prescribe the form of the application.	1716

(B) Upon receipt of an application, the state board of	1717
education shall review it and consider whether the proposed course	1718
or coursework meets the requirements of division (A) or (B) of	1719
section 4742.03 of the Revised Code concerning course length and	1720
content. If the proposed course or coursework meets those	1721
requirements, the state board of education shall issue a	1722
certification of that fact to the proprietarycareer school.	1723
Inclusion of on-site verifiable electronic training as part of a	1724
proposed basic or continuing education course shall not be a	1725
reason for the state board to deny certification.	1726

(C) If, after receiving a certification from the state board	1727
of education under this section, the proprietarycareer school	1728
changes the approved course or coursework, the prior certification	1729
is canceled and the proprietarycareer school shall apply to the	1730
state board of education for certification of the changed course	1731
or coursework.	1732

Sec. 4742.06.  (A) A person may obtain certification as an	1733
emergency service telecommunicator by successfully completing a	1734
basic course of emergency service telecommunicator training that	1735
is conducted by a proprietarycareer school that has obtained	1736
certification of that course from the state board of education	1737
under section 4742.05 of the Revised Code. If a person	1738
successfully completes the course, the proprietarycareer school	1739
shall certify the person's successful completion.	1740

(B) A person may maintain certification as an emergency	1741
service telecommunicator by successfully completing continuing	1742
education coursework in emergency service telecommunicator	1743
training that is conducted by a proprietarycareer school that has	1744
obtained certification of that coursework from the state board of	1745
education under section 4742.05 of the Revised Code. If a person	1746
successfully completes the coursework, the proprietarycareer	1747
school shall certify the person's successful completion.	1748

(C) Upon certification of a person's successful completion	1749
under division (A) or (B) of this section, the proprietarycareer	1750
school shall send a copy of the certification to the person and to	1751
the emergency service provider that employs the person.	1752

(D) Tuition and materials costs for a person enrolled in a	1753
certified basic or continuing education course conducted by a	1754
proprietarycareer school shall be paid by the person, an	1755
emergency service provider, or any other entity on behalf of the	1756
person or an emergency service provider.	1757

Sec. 4743.03.  No board, commission, or agency created under	1758
or by virtue of Title 47 of the Revised Code shall restrict entry	1759
into any occupation, profession, or trade under its supervision or	1760
regulation by:	1761

(A) Unreasonably restricting the number of schools or other	1762
institutions it certifies or accredits for the purpose of	1763
fulfilling educational or training requirements for such	1764
occupation, profession, or trade;	1765

(B) Denying certification or accreditation for the purpose	1766
of fulfilling such educational or training requirements to any	1767
school, college, or other educational institution that has been	1768
certified by the Ohio board of regents or the state board of	1769
proprietary school registrationcareer colleges and schools or to	1770
a high school for which the state board of education prescribes	1771
minimum standards under division (D) of section 3301.07 of the	1772
Revised Code, unless the educational or training program offered	1773
by such school, college, or institution is not in substantial	1774
compliance with applicable standards of the occupation,	1775
profession, or trade.	1776

(C) Rules of state regulatory boards relevant to age and	1777
level of education required for admission to courses of study	1778
leading to examination and licensing in professions or occupations	1779
controlled by regulatory boards not requiring a technical,	1780
associate, or baccalaureate degree shall not apply to vocational	1781
education programs conducted in the public schools where such	1782
vocational education programs in all other respects meet the	1783
minimum standards and requirements of any regulatory board and	1784
students completing such programs are of the minimum age required	1785
for examination and licensing for the purpose of practicing	1786
professions or occupations controlled by regulatory boards.	1787

Nothing in this section shall prohibit a board, commission,	1788
or agency from prescribing and enforcing educational and training	1789
requirements and standards for certification and accreditation of	1790
schools and other institutions that constitute reasonable bases	1791
for maintaining necessary standards of performance in any	1792
occupation, profession, or trade.	1793

Sec. 4762.02.  (A) Except as provided in division (B) of	1794
this section, no person shall engage in the practice of	1795
acupuncture unless the person holds a valid certificate of	1796
registration as an acupuncturist issued by the state medical board	1797
under this chapter.	1798

(B) Division (A) of this section does not apply to a	1799
physician or to a person who performs acupuncture as part of a	1800
training program in acupuncture operated by an educational	1801
institution that holds an effective certificate of authorization	1802
issued by the Ohio board of regents under section 1713.02 of the	1803
Revised Code or a school that holds an effective certificate of	1804
registration issued by the state board of proprietary school	1805
registrationcareer colleges and schools under section 3332.05 of	1806
the Revised Code.	1807

Sec. 4763.05.  (A)(1) A person shall make application for an	1808
initial state-certified general real estate appraiser certificate,	1809
an initial state-certified residential real estate appraiser	1810
certificate, an initial state-licensed residential real estate	1811
appraiser license, or an initial state-registered real estate	1812
appraiser assistant registration in writing to the superintendent	1813
of real estate on a form the superintendent prescribes. The	1814
application shall include the address of the applicant's principal	1815
place of business and all other addresses at which the applicant	1816
currently engages in the business of preparing real estate	1817
appraisals and the address of the applicant's current residence.	1818
The superintendent shall retain the applicant's current residence	1819
address in a separate record which shall not constitute a public	1820
record for purposes of section 149.03 of the Revised Code. The	1821
application shall indicate whether the applicant seeks	1822
certification as a general real estate appraiser or as a	1823
residential real estate appraiser, licensure as a residential real	1824
estate appraiser, or registration as a real estate appraiser	1825
assistant and be accompanied by the prescribed examination and	1826
certification, registration, or licensure fees set forth in	1827
section 4763.09 of the Revised Code. The application also shall	1828
include a pledge, signed by the applicant, that the applicant will	1829
comply with the standards set forth in this chapter and a	1830
statement that the applicant understands the types of misconduct	1831
for which disciplinary proceedings may be initiated against the	1832
applicant pursuant to this chapter.	1833

(2) For purposes of providing funding for the real estate	1834
appraiser recovery fund established by section 4763.16 of the	1835
Revised Code, the real estate appraiser board shall levy an	1836
assessment against each person issued an initial certificate,	1837
registration, or license and against current licensees,	1838
registrants, and certificate holders, as required by board rule.	1839
The assessment is in addition to the application and examination	1840
fees for initial applicants required by division (A)(1) of this	1841
section and the renewal fees required for current certificate	1842
holders, registrants, and licensees. The superintendent shall	1843
deposit the assessment into the state treasury to the credit of	1844
the real estate appraiser recovery fund. The assessment for	1845
initial certificate holders, registrants, and licensees shall be	1846
paid prior to the issuance of a certificate, registration, or	1847
license, and for current certificate holders, registrants, and	1848
licensees, at the time of renewal.	1849

(B) An applicant for an initial general real estate	1850
appraiser certificate shall possess at least thirty months of	1851
experience in real estate appraisal, or any equivalent experience	1852
the board prescribes. An applicant for a residential real estate	1853
appraiser certificate or residential real estate appraiser license	1854
shall possess at least two years of experience in real estate	1855
appraisal, or any equivalent experience the board prescribes. In	1856
addition to any other information required by the board, the	1857
applicant shall furnish, under oath, a detailed listing of the	1858
appraisal reports or file memoranda for each year for which	1859
experience is claimed and, upon request of the superintendent or	1860
the board, shall make available for examination a sample of the	1861
appraisal reports prepared by the applicant in the course of the	1862
applicant's practice.	1863

(C)(1) Except as provided in division (C)(2) of this	1864
section, an applicant for an initial certificate, registration, or	1865
license shall be at least eighteen years of age, honest, truthful,	1866
and of good reputation and shall present satisfactory evidence to	1867
the superintendent of the following, as appropriate:	1868

(a) If the applicant is seeking a state-certified general	1869
real estate appraiser certificate, that the applicant has	1870
successfully completed at least one hundred sixty-five classroom	1871
hours of courses in subjects related to real estate appraisal,	1872
including at least one course devoted exclusively to federal,	1873
state, and municipal fair housing law, presented by a nationally	1874
recognized appraisal organization, an institution of higher	1875
education, a proprietarycareer school registered by the state	1876
board of proprietary school registrationcareer colleges and	1877
schools, a state or federal commission or agency, or any other	1878
organization that represents the interests of financial	1879
institutions or real estate brokers, appraisers, or agents and	1880
that provides appraisal education, plus fifteen classroom hours	1881
related to standards of professional practice and the provisions	1882
of this chapter;	1883

(b) If the applicant is seeking a state-certified	1884
residential real estate appraiser certificate, that the applicant	1885
has successfully completed at least one hundred five classroom	1886
hours of courses in subjects related to real estate appraisal,	1887
including at least one course devoted exclusively to federal,	1888
state, and municipal fair housing law, presented by a nationally	1889
recognized appraisal organization, an institution of higher	1890
education, a proprietarycareer school registered by the state	1891
board of proprietary school registrationcareer colleges and	1892
schools, or any other organization that represents the interests	1893
of financial institutions or real estate brokers, appraisers, or	1894
agents and that provides appraisal education, plus fifteen	1895
classroom hours related to standards of professional practice and	1896
the provisions of this chapter;	1897

(c) If the applicant is seeking a state-licensed residential	1898
real estate appraiser license, that the applicant has successfully	1899
completed at least seventy-five classroom hours of courses in	1900
subjects related to real estate appraisal, including at least one	1901
course devoted exclusively to federal, state, and municipal fair	1902
housing law, presented by a nationally recognized appraisal	1903
organization, an institution of higher education, a proprietary	1904
career school registered by the state board of proprietary school	1905
registrationcareer colleges and schools, a state or federal	1906
commission or agency, or any other organization that represents	1907
the interests of financial institutions or real estate brokers,	1908
appraisers, or agents and that provides appraisal education, plus	1909
fifteen classroom hours related to standards of professional	1910
practice and the provisions of this chapter;	1911

(d) If the applicant is seeking a state-registered real	1912
estate appraiser assistant registration, that the applicant has	1913
successfully completed at least seventy-five classroom hours of	1914
courses in subjects related to real estate appraisal, including at	1915
least one course devoted exclusively to federal, state, and	1916
municipal fair housing law, presented by a nationally recognized	1917
appraisal organization, an institution of higher education, a	1918
proprietarycareer school registered by the state board of	1919
proprietary school registrationcareer colleges and schools, or	1920
any other organization that represents the interests of financial	1921
institutions or real estate brokers, appraisers, or agents, and	1922
that provides appraisal education that included at least fifteen	1923
classroom hours of instruction related to standards of	1924
professional practice and the requirements of this chapter and the	1925
rules adopted under this chapter.	1926

(2) Each person who files an application for an initial	1927
certificate or license within one year of the date established by	1928
the board as the first date on which applications will be accepted	1929
under this section, which date shall be no later than September 1,	1930
1990, and who, at the time of filing that application, does not	1931
satisfy the educational requirements for the certification or	1932
licensure sought of either division (C)(1)(a) or (b) of this	1933
section is exempt from those educational requirements for the term	1934
of the initial certification or licensure. In applying for a	1935
renewal certificate or license pursuant to section 4763.06 of the	1936
Revised Code, a certificate holder or licensee who was exempted	1937
from the educational requirements of division (C)(1)(a) or (b) of	1938
this section when applying for the initial certificate or license	1939
shall present satisfactory evidence to the superintendent that the	1940
certificate holder or licensee has completed the educational	1941
requirements for the certification or licensure to be renewed of	1942
one of those divisions before the renewal certificate or license	1943
may be issued.	1944

(D) An applicant for an initial general real estate	1945
appraiser or residential real estate appraiser certificate or	1946
residential real estate appraiser license shall take and	1947
successfully complete a written examination in order to qualify	1948
for the certificate or license. The examination shall require the	1949
applicant to demonstrate all of the following:	1950

(1) Appropriate knowledge of technical terms commonly used	1951
in or related to real estate appraising, appraisal report writing,	1952
and the economic concepts applicable to real estate;	1953

(2) Understanding of the principles of land economics, real	1954
estate appraisal processes, and problems likely to be encountered	1955
in gathering, interpreting, and processing of data in carrying out	1956
appraisal disciplines;	1957

(3) Understanding of the standards for the development and	1958
communication of real estate appraisals as provided in this	1959
chapter and the rules adopted thereunder;	1960

(4) Knowledge of theories of depreciation, cost estimating,	1961
methods of capitalization, direct sales comparison, and the	1962
mathematics of real estate appraisal that are appropriate for the	1963
certification or licensure for which the applicant has applied;	1964

(5) Knowledge of other principles and procedures as	1965
appropriate for the certification or license;	1966

(6) Basic understanding of real estate law;

1967

(7) Understanding of the types of misconduct for which	1968
disciplinary proceedings may be initiated against a certificate	1969
holder and licensee.	1970

(E)(1) A nonresident, natural person of this state who has	1971
complied with this section may obtain a certificate, registration,	1972
or license. The board shall adopt rules relating to the	1973
certification, registration, and licensure of a nonresident	1974
applicant whose state of residence the board determines to have	1975
certification, registration, or licensure requirements that are	1976
substantially similar to those set forth in this chapter and the	1977
rules adopted thereunder.	1978

(2) A nonresident appraiser may apply for, and the board may	1979
issue, a temporary certificate or license if the board determines	1980
that the state in which the nonresident appraiser is licensed or	1981
certified has licensing or certification requirements that are	1982
substantially similar to the certification or licensure	1983
requirements set forth in this chapter and the rules adopted	1984
thereunder.	1985

The board shall adopt rules relating to the temporary	1986
certification and licensure of nonresident appraisers. Each	1987
temporary certificate and license issued by the board shall	1988
identify the location of the real estate property to be appraised	1989
and shall not authorize appraisal of more than one real estate	1990
property located in this state. The board shall not issue more	1991
than two temporary certificates or licenses in any one calendar	1992
year to any one applicant.	1993

(3) In addition to any other information required to be	1994
submitted with the nonresident applicant's or appraiser's	1995
application for a certificate, registration, license, or temporary	1996
certificate or license, each nonresident applicant or appraiser	1997
shall submit a statement consenting to the service of process upon	1998
the nonresident applicant or appraiser by means of delivering that	1999
process to the secretary of state if, in an action against the	2000
applicant, certificate holder, registrant, or licensee arising	2001
from the applicant's, certificate holder's, registrant's, or	2002
licensee's activities as a certificate holder, registrant, or	2003
licensee, the plaintiff, in the exercise of due diligence, cannot	2004
effect personal service upon the applicant, certificate holder,	2005
registrant, or licensee.	2006

(F) The superintendent shall not issue a certificate,	2007
registration, temporary certificate or license, or license to a	2008
corporation, partnership, or association. This prohibition shall	2009
not be construed to prevent a certificate holder or licensee from	2010
signing an appraisal report on behalf of a corporation,	2011
partnership, or association.	2012

(G) Every person licensed, registered, or certified under	2013
this chapter shall notify the superintendent, on a form provided	2014
by the superintendent, of a change in the address of the	2015
licensee's, registrant's, or certificate holder's principal place	2016
of business or residence within thirty days of the change. If a	2017
licensee's, registrant's, or certificate holder's license,	2018
registration, or certificate is revoked or not renewed, the	2019
licensee, registrant, or certificate holder immediately shall	2020
return the annual and any renewal certificate, registration, or	2021
license to the superintendent.	2022

(H) The superintendent shall not issue a certificate,	2023
registration, temporary certificate or license, or license to any	2024
person who does not meet applicable minimum criteria for state	2025
certification, registration, or licensure prescribed by federal	2026
law or rule.	2027

Sec. 5107.58.  In accordance with a federal waiver granted by	2028
the United States secretary of health and human services pursuant	2029
to a request made under former section 5101.09 of the Revised	2030
Code, county departments of job and family services may establish	2031
and administer as a work activity for minor heads of households	2032
and adults participating in Ohio works first an education program	2033
under which the participant is enrolled full-time in	2034
post-secondary education leading to vocation at a state	2035
institution of higher education, as defined in section 3345.031 of	2036
the Revised Code; a private nonprofit college or university that	2037
possesses a certificate of authorization issued by the Ohio board	2038
of regents pursuant to Chapter 1713. of the Revised Code, or is	2039
exempted by division (E) of section 1713.02 of the Revised Code	2040
from the requirement of a certificate; a school that holds a	2041
certificate of registration and program authorization issued by	2042
the state board of proprietary school registrationcareer colleges	2043
and schools under Chapter 3332. of the Revised Code; a private	2044
institution exempt from regulation under Chapter 3332. of the	2045
Revised Code as prescribed in section 3333.046 of the Revised	2046
Code; or a school that has entered into a contract with the county	2047
department of job and family services. The participant shall make	2048
reasonable efforts, as determined by the county department, to	2049
obtain a loan, scholarship, grant, or other assistance to pay for	2050
the tuition, including a federal Pell grant under 20 U.S.C.A.	2051
1070a and an Ohio instructional grant under section 3333.12 of the	2052
Revised Code. If the participant has made reasonable efforts but	2053
is unable to obtain sufficient assistance to pay the tuition the	2054
program may pay the tuition. On or after October 1, 1998, the	2055
county department may enter into a loan agreement with the	2056
participant to pay the tuition. The total period for which	2057
tuition is paid and loans made shall not exceed two years. If	2058
the participant, pursuant to division (B)(3) of section 5107.43 of	2059
the Revised Code, volunteers to participate in the education	2060
program for more hours each week than the participant is assigned	2061
to the program, the program may pay or the county department may	2062
loan the cost of the tuition for the additional voluntary hours as	2063
well as the cost of the tuition for the assigned number of hours.	2064
The participant may receive, for not more than three years,	2065
support services, including publicly funded child day-care under	2066
Chapter 5104. of the Revised Code and transportation, that the	2067
participant needs to participate in the program. To receive	2068
support services in the third year, the participant must be, as	2069
determined by the educational institution in which the participant	2070
is enrolled, in good standing with the institution.	2071

A county department that provides loans under this section	2072
shall establish procedures governing loan application for and	2073
approval and administration of loans granted pursuant to this	2074
section.	2075

Sec. 5747.01.  Except as otherwise expressly provided or	2076
clearly appearing from the context, any term used in this chapter	2077
has the same meaning as when used in a comparable context in the	2078
Internal Revenue Code, and all other statutes of the United States	2079
relating to federal income taxes.	2080

As used in this chapter:

2081

(A) "Adjusted gross income" or "Ohio adjusted gross income"	2082
means adjusted gross income as defined and used in the Internal	2083
Revenue Code, adjusted as provided in this section:	2084

(1) Add interest or dividends on obligations or securities	2085
of any state or of any political subdivision or authority of any	2086
state, other than this state and its subdivisions and authorities.	2087

(2) Add interest or dividends on obligations of any	2088
authority, commission, instrumentality, territory, or possession	2089
of the United States that are exempt from federal income taxes but	2090
not from state income taxes.	2091

(3) Deduct interest or dividends on obligations of the	2092
United States and its territories and possessions or of any	2093
authority, commission, or instrumentality of the United States to	2094
the extent included in federal adjusted gross income but exempt	2095
from state income taxes under the laws of the United States.	2096

(4) Deduct disability and survivor's benefits to the extent	2097
included in federal adjusted gross income.	2098

(5) Deduct benefits under Title II of the Social Security	2099
Act and tier 1 railroad retirement benefits to the extent included	2100
in federal adjusted gross income under section 86 of the Internal	2101
Revenue Code.	2102

(6) In the case of a taxpayer who is a beneficiary of a	2103
trust that makes an accumulation distribution as defined in	2104
section 665 of the Internal Revenue Code, add, for the	2105
beneficiary's taxable years beginning before 2002 or after 2004,	2106
the portion, if any, of such distribution that does not exceed the	2107
undistributed net income of the trust for the three taxable years	2108
preceding the taxable year in which the distribution is made to	2109
the extent that the portion was not included in the trust's	2110
taxable income for any of the trust's taxable years beginning in	2111
2002, 2003, or 2004. "Undistributed net income of a trust" means	2112
the taxable income of the trust increased by (a)(i) the additions	2113
to adjusted gross income required under division (A) of this	2114
section and (ii) the personal exemptions allowed to the trust	2115
pursuant to section 642(b) of the Internal Revenue Code, and	2116
decreased by (b)(i) the deductions to adjusted gross income	2117
required under division (A) of this section, (ii) the amount of	2118
federal income taxes attributable to such income, and (iii) the	2119
amount of taxable income that has been included in the adjusted	2120
gross income of a beneficiary by reason of a prior accumulation	2121
distribution. Any undistributed net income included in the	2122
adjusted gross income of a beneficiary shall reduce the	2123
undistributed net income of the trust commencing with the earliest	2124
years of the accumulation period.	2125

(7) Deduct the amount of wages and salaries, if any, not	2126
otherwise allowable as a deduction but that would have been	2127
allowable as a deduction in computing federal adjusted gross	2128
income for the taxable year, had the targeted jobs credit allowed	2129
and determined under sections 38, 51, and 52 of the Internal	2130
Revenue Code not been in effect.	2131

(8) Deduct any interest or interest equivalent on public	2132
obligations and purchase obligations to the extent included in	2133
federal adjusted gross income.	2134

(9) Add any loss or deduct any gain resulting from the sale,	2135
exchange, or other disposition of public obligations to the extent	2136
included in federal adjusted gross income.	2137

(10) Deduct or add amounts, as provided under section	2138
5747.70 of the Revised Code, related to contributions to variable	2139
college savings program accounts made or tuition credits purchased	2140
pursuant to Chapter 3334. of the Revised Code.	2141

(11)(a) Deduct, to the extent not otherwise allowable as a	2142
deduction or exclusion in computing federal or Ohio adjusted gross	2143
income for the taxable year, the amount the taxpayer paid during	2144
the taxable year for medical care insurance and qualified	2145
long-term care insurance for the taxpayer, the taxpayer's spouse,	2146
and dependents. No deduction for medical care insurance under	2147
division (A)(11) of this section shall be allowed either to any	2148
taxpayer who is eligible to participate in any subsidized health	2149
plan maintained by any employer of the taxpayer or of the	2150
taxpayer's spouse, or to any taxpayer who is entitled to, or on	2151
application would be entitled to, benefits under part A of Title	2152
XVIII of the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.	2153
301, as amended. For the purposes of division (A)(11)(a) of this	2154
section, "subsidized health plan" means a health plan for which	2155
the employer pays any portion of the plan's cost. The deduction	2156
allowed under division (A)(11)(a) of this section shall be the net	2157
of any related premium refunds, related premium reimbursements, or	2158
related insurance premium dividends received during the taxable	2159
year.	2160

(b) Deduct, to the extent not otherwise deducted or excluded	2161
in computing federal or Ohio adjusted gross income during the	2162
taxable year, the amount the taxpayer paid during the taxable	2163
year, not compensated for by any insurance or otherwise, for	2164
medical care of the taxpayer, the taxpayer's spouse, and	2165
dependents, to the extent the expenses exceed seven and one-half	2166
per cent of the taxpayer's federal adjusted gross income.	2167

(c) For purposes of division (A)(11) of this section,	2168
"medical care" has the meaning given in section 213 of the	2169
Internal Revenue Code, subject to the special rules, limitations,	2170
and exclusions set forth therein, and "qualified long-term care"	2171
has the same meaning given in section 7702(B)(b) of the Internal	2172
Revenue Code.	2173

(12)(a) Deduct any amount included in federal adjusted gross	2174
income solely because the amount represents a reimbursement or	2175
refund of expenses that in any year the taxpayer had deducted as	2176
an itemized deduction pursuant to section 63 of the Internal	2177
Revenue Code and applicable United States department of the	2178
treasury regulations. The deduction otherwise allowed under	2179
division (A)(12)(a) of this section shall be reduced to the extent	2180
the reimbursement is attributable to an amount the taxpayer	2181
deducted under this section in any taxable year.	2182

(b) Add any amount not otherwise included in Ohio adjusted	2183
gross income for any taxable year to the extent that the amount is	2184
attributable to the recovery during the taxable year of any amount	2185
deducted or excluded in computing federal or Ohio adjusted gross	2186
income in any taxable year.	2187

(13) Deduct any portion of the deduction described in	2188
section 1341(a)(2) of the Internal Revenue Code, for repaying	2189
previously reported income received under a claim of right, that	2190
meets both of the following requirements:	2191

(a) It is allowable for repayment of an item that was	2192
included in the taxpayer's adjusted gross income for a prior	2193
taxable year and did not qualify for a credit under division (A)	2194
or (B) of section 5747.05 of the Revised Code for that year;	2195

(b) It does not otherwise reduce the taxpayer's adjusted	2196
gross income for the current or any other taxable year.	2197

(14) Deduct an amount equal to the deposits made to, and net	2198
investment earnings of, a medical savings account during the	2199
taxable year, in accordance with section 3924.66 of the Revised	2200
Code. The deduction allowed by division (A)(14) of this section	2201
does not apply to medical savings account deposits and earnings	2202
otherwise deducted or excluded for the current or any other	2203
taxable year from the taxpayer's federal adjusted gross income.	2204

(15)(a) Add an amount equal to the funds withdrawn from a	2205
medical savings account during the taxable year, and the net	2206
investment earnings on those funds, when the funds withdrawn were	2207
used for any purpose other than to reimburse an account holder	2208
for, or to pay, eligible medical expenses, in accordance with	2209
section 3924.66 of the Revised Code;	2210

(b) Add the amounts distributed from a medical savings	2211
account under division (A)(2) of section 3924.68 of the Revised	2212
Code during the taxable year.	2213

(16) Add any amount claimed as a credit under section	2214
5747.059 of the Revised Code to the extent that such amount	2215
satisfies either of the following:	2216

(a) The amount was deducted or excluded from the computation	2217
of the taxpayer's federal adjusted gross income as required to be	2218
reported for the taxpayer's taxable year under the Internal	2219
Revenue Code;	2220

(b) The amount resulted in a reduction of the taxpayer's	2221
federal adjusted gross income as required to be reported for any	2222
of the taxpayer's taxable years under the Internal Revenue Code.	2223

(17) Deduct the amount contributed by the taxpayer to an	2224
individual development account program established by a county	2225
department of job and family services pursuant to sections 329.11	2226
to 329.14 of the Revised Code for the purpose of matching funds	2227
deposited by program participants. On request of the tax	2228
commissioner, the taxpayer shall provide any information that, in	2229
the tax commissioner's opinion, is necessary to establish the	2230
amount deducted under division (A)(17) of this section.	2231

(18) Beginning in taxable year 2001, if the taxpayer is	2232
married and files a joint return and the combined federal adjusted	2233
gross income of the taxpayer and the taxpayer's spouse for the	2234
taxable year does not exceed one hundred thousand dollars, or if	2235
the taxpayer is single and has a federal adjusted gross income for	2236
the taxable year not exceeding fifty thousand dollars, deduct	2237
amounts paid during the taxable year for qualified tuition and	2238
fees paid to an eligible institution for the taxpayer, the	2239
taxpayer's spouse, or any dependent of the taxpayer, who is a	2240
resident of this state and is enrolled in or attending a program	2241
that culminates in a degree or diploma at an eligible institution.	2242
The deduction may be claimed only to the extent that qualified	2243
tuition and fees are not otherwise deducted or excluded for any	2244
taxable year from federal or Ohio adjusted gross income. The	2245
deduction may not be claimed for educational expenses for which	2246
the taxpayer claims a credit under section 5747.27 of the Revised	2247
Code.	2248

(19) Add any reimbursement received during the taxable year	2249
of any amount the taxpayer deducted under division (A)(18) of this	2250
section in any previous taxable year to the extent the amount is	2251
not otherwise included in Ohio adjusted gross income.	2252

(20)(a) Add five-sixths of the amount of depreciation	2253
expense allowed by subsection (k) of section 168 of the Internal	2254
Revenue Code, including the taxpayer's proportionate or	2255
distributive share of the amount of depreciation expense allowed	2256
by that subsection to a pass-through entity in which the taxpayer	2257
has a direct or indirect ownership interest. The tax	2258
commissioner, under procedures established by the commissioner,	2259
may waive the add-back related to a pass-through entity if the	2260
taxpayer owns, directly or indirectly, less than five per cent of	2261
the pass-through entity.	2262

(b) Nothing in division (A)(20) of this section shall be	2263
construed to adjust or modify the adjusted basis of any asset.	2264

(c) To the extent the add-back required under division	2265
(A)(20)(a) of this section is attributable to property generating	2266
nonbusiness income or loss allocated under section 5747.20 of the	2267
Revised Code, the add-back shall be sitused to the same location	2268
as the nonbusiness income or loss generated by the property for	2269
the purpose of determining the credit under division (A) of	2270
section 5747.05 of the Revised Code. Otherwise, the add-back	2271
shall be apportioned, subject to one or more of the four	2272
alternative methods of apportionment enumerated in section 5747.21	2273
of the Revised Code.	2274

(21)(a) If the taxpayer was required to add an amount under	2275
division (A)(20)(a) of this section for a taxable year, deduct	2276
one-fifth of the amount so added for each of the five succeeding	2277
taxable years.	2278

(b) If the amount deducted under division (A)(21)(a) of this	2279
section is attributable to an add-back allocated under division	2280
(A)(20)(c) of this section, the amount deducted shall be sitused	2281
to the same location. Otherwise, the add-back shall be	2282
apportioned using the apportionment factors for the taxable year	2283
in which the deduction is taken, subject to one or more of the	2284
four alternative methods of apportionment enumerated in section	2285
5747.21 of the Revised Code.	2286

(B) "Business income" means income arising from	2287
transactions, activities, and sources in the regular course of a	2288
trade or business and includes income from real property, tangible	2289
property, and intangible property if the acquisition, rental,	2290
management, and disposition of the property constitute integral	2291
parts of the regular course of a trade or business operation.	2292
"Business income" includes income, including gain or loss, from a	2293
partial or complete liquidation of a business, including, but not	2294
limited to, gain or loss from the sale or other disposition of	2295
goodwill.	2296

(C) "Nonbusiness income" means all income other than	2297
business income and may include, but is not limited to,	2298
compensation, rents and royalties from real or tangible personal	2299
property, capital gains, interest, dividends and distributions,	2300
patent or copyright royalties, or lottery winnings, prizes, and	2301
awards.	2302

(D) "Compensation" means any form of remuneration paid to an	2303
employee for personal services.	2304

(E) "Fiduciary" means a guardian, trustee, executor,	2305
administrator, receiver, conservator, or any other person acting	2306
in any fiduciary capacity for any individual, trust, or estate.	2307

(F) "Fiscal year" means an accounting period of twelve	2308
months ending on the last day of any month other than December.	2309

(G) "Individual" means any natural person.

2310

(H) "Internal Revenue Code" means the "Internal Revenue Code	2311
of 1986," 100 Stat. 2085, 26 U.S.C.A. 1, as amended.	2312

(I) "Resident" means:

2313

(1) An individual who is domiciled in this state, subject to	2314
section 5747.24 of the Revised Code;	2315

(2) The estate of a decedent who at the time of death was	2316
domiciled in this state. The domicile tests of section 5747.24 of	2317
the Revised Code and any election under section 5747.25 of the	2318
Revised Code are not controlling for purposes of division (I)(2)	2319
of this section.	2320

(3) Division (I)(3) of this section applies only to taxable	2321
years of a trust beginning in 2002, 2003, or 2004.	2322

A trust that, in whole or part, resides in this state. If	2323
only part of a trust resides in this state, the trust is a	2324
resident only with respect to that part. For the purposes of	2325
division (I)(3) of this section, a trust resides in this state to	2326
the extent that it consists, directly or indirectly, in whole or	2327
in part, of the net current value, adjusted for any profits,	2328
gains, or losses, of assets or liabilities that were transferred	2329
to the trust by any of the following:	2330

(a) The will of a decedent who was domiciled in this state	2331
at the time of the decedent's death;	2332

(b) A person who is domiciled in this state if the trust or	2333
part of the trust is not irrevocable;	2334

(c) A person who was domiciled in this state when the trust	2335
or part of the trust became irrevocable, but only if, for all or	2336
some portion of the current taxable year of the trust, at least	2337
one beneficiary of the trust is a resident for the purposes of	2338
this chapter.	2339

For the purpose of divisions (I)(3)(b) and (c) of this	2340
section, the transfer of net assets to a trust is irrevocable to	2341
the extent that the transferor is not considered to be the owner	2342
of the net assets of the trust under sections 671 to 678 of the	2343
Internal Revenue Code.	2344

The tax commissioner may adopt rules to ascertain the part of	2345
a trust residing in this state under this division.	2346

(J) "Nonresident" means an individual or estate that is not	2347
a resident. An individual who is a resident for only part of a	2348
taxable year is a nonresident for the remainder of that taxable	2349
year.	2350

(K) "Pass-through entity" has the same meaning as in section	2351
5733.04 of the Revised Code.	2352

(L) "Return" means the notifications and reports required to	2353
be filed pursuant to this chapter for the purpose of reporting the	2354
tax due and includes declarations of estimated tax when so	2355
required.	2356

(M) "Taxable year" means the calendar year or the taxpayer's	2357
fiscal year ending during the calendar year, or fractional part	2358
thereof, upon which the adjusted gross income is calculated	2359
pursuant to this chapter.	2360

(N) "Taxpayer" means any person subject to the tax imposed	2361
by section 5747.02 of the Revised Code or any pass-through entity	2362
that makes the election under division (D) of section 5747.08 of	2363
the Revised Code.	2364

(O) "Dependents" means dependents as defined in the Internal	2365
Revenue Code and as claimed in the taxpayer's federal income tax	2366
return for the taxable year or which the taxpayer would have been	2367
permitted to claim had the taxpayer filed a federal income tax	2368
return.	2369

(P) "Principal county of employment" means, in the case of a	2370
nonresident, the county within the state in which a taxpayer	2371
performs services for an employer or, if those services are	2372
performed in more than one county, the county in which the major	2373
portion of the services are performed.	2374

(Q) As used in sections 5747.50 to 5747.55 of the Revised	2375
Code:	2376

(1) "Subdivision" means any county, municipal corporation,	2377
park district, or township.	2378

(2) "Essential local government purposes" includes all	2379
functions that any subdivision is required by general law to	2380
exercise, including like functions that are exercised under a	2381
charter adopted pursuant to the Ohio Constitution.	2382

(R) "Overpayment" means any amount already paid that exceeds	2383
the figure determined to be the correct amount of the tax.	2384

(S) "Taxable income" applies only to estates and trusts,	2385
and means taxable income as defined and used in the Internal	2386
Revenue Code adjusted as follows:	2387

(1) Add interest or dividends on obligations or securities	2388
of any state or of any political subdivision or authority of any	2389
state, other than this state and its subdivisions and authorities;	2390

(2) Add interest or dividends on obligations of any	2391
authority, commission, instrumentality, territory, or possession	2392
of the United States that are exempt from federal income taxes but	2393
not from state income taxes;	2394

(3) Add the amount of personal exemption allowed to the	2395
estate pursuant to section 642(b) of the Internal Revenue Code;	2396

(4) Deduct interest or dividends on obligations of the	2397
United States and its territories and possessions or of any	2398
authority, commission, or instrumentality of the United States	2399
that are exempt from state taxes under the laws of the United	2400
States;	2401

(5) Deduct the amount of wages and salaries, if any, not	2402
otherwise allowable as a deduction but that would have been	2403
allowable as a deduction in computing federal taxable income for	2404
the taxable year, had the targeted jobs credit allowed under	2405
sections 38, 51, and 52 of the Internal Revenue Code not been in	2406
effect;	2407

(6) Deduct any interest or interest equivalent on public	2408
obligations and purchase obligations to the extent included in	2409
federal taxable income;	2410

(7) Add any loss or deduct any gain resulting from sale,	2411
exchange, or other disposition of public obligations to the extent	2412
included in federal taxable income;	2413

(8) Except in the case of the final return of an estate, add	2414
any amount deducted by the taxpayer on both its Ohio estate tax	2415
return pursuant to section 5731.14 of the Revised Code, and on its	2416
federal income tax return in determining either federal adjusted	2417
gross income or federal taxable income;	2418

(9)(a) Deduct any amount included in federal taxable income	2419
solely because the amount represents a reimbursement or refund of	2420
expenses that in a previous year the decedent had deducted as an	2421
itemized deduction pursuant to section 63 of the Internal Revenue	2422
Code and applicable treasury regulations. The deduction otherwise	2423
allowed under division (S)(9)(a) of this section shall be reduced	2424
to the extent the reimbursement is attributable to an amount the	2425
taxpayer or decedent deducted under this section in any taxable	2426
year.	2427

(b) Add any amount not otherwise included in Ohio taxable	2428
income for any taxable year to the extent that the amount is	2429
attributable to the recovery during the taxable year of any amount	2430
deducted or excluded in computing federal or Ohio taxable income	2431
in any taxable year.	2432

(10) Deduct any portion of the deduction described in	2433
section 1341(a)(2) of the Internal Revenue Code, for repaying	2434
previously reported income received under a claim of right, that	2435
meets both of the following requirements:	2436

(a) It is allowable for repayment of an item that was	2437
included in the taxpayer's taxable income or the decedent's	2438
adjusted gross income for a prior taxable year and did not qualify	2439
for a credit under division (A) or (B) of section 5747.05 of the	2440
Revised Code for that year.	2441

(b) It does not otherwise reduce the taxpayer's taxable	2442
income or the decedent's adjusted gross income for the current or	2443
any other taxable year.	2444

(11) Add any amount claimed as a credit under section	2445
5747.059 of the Revised Code to the extent that the amount	2446
satisfies either of the following:	2447

(a) The amount was deducted or excluded from the computation	2448
of the taxpayer's federal taxable income as required to be	2449
reported for the taxpayer's taxable year under the Internal	2450
Revenue Code;	2451

(b) The amount resulted in a reduction in the taxpayer's	2452
federal taxable income as required to be reported for any of the	2453
taxpayer's taxable years under the Internal Revenue Code.	2454

(12) Deduct any amount that a trust is required to report as	2455
farm income on its federal income tax return, but only if the	2456
assets of the trust include at least ten acres of land satisfying	2457
the definition of "land devoted exclusively to agricultural use"	2458
under section 5713.30 of the Revised Code, regardless of whether	2459
the land is valued for tax purposes as such land under sections	2460
5713.30 to 5713.38 of the Revised Code. Division (S)(12) of this	2461
section applies only to taxable years of a trust beginning in	2462
2002, 2003, or 2004.	2463

(13) Add the net amount of income described in section 641(c)	2464
of the Internal Revenue Code to the extent that amount is not	2465
included in federal taxable income.	2466

(14) Add or deduct the amount the taxpayer would be required	2467
to add or deduct under division (A)(20) or (21) of this section if	2468
the taxpayer's taxable income were computed in the same manner as	2469
an individual's adjusted gross income is computed under this	2470
section. In the case of a trust, division (S)(14) of this section	2471
applies only to any of the trust's taxable years beginning in	2472
2002, 2003, or 2004.	2473

(T) "School district income" and "school district income	2474
tax" have the same meanings as in section 5748.01 of the Revised	2475
Code.	2476

(U) As used in divisions (A)(8), (A)(9), (S)(6), and (S)(7)	2477
of this section, "public obligations," "purchase obligations," and	2478
"interest or interest equivalent" have the same meanings as in	2479
section 5709.76 of the Revised Code.	2480

(V) "Limited liability company" means any limited liability	2481
company formed under Chapter 1705. of the Revised Code or under	2482
the laws of any other state.	2483

(W) "Pass-through entity investor" means any person who,	2484
during any portion of a taxable year of a pass-through entity, is	2485
a partner, member, shareholder, or investor in that pass-through	2486
entity.	2487

(X) "Banking day" has the same meaning as in section 1304.01	2488
of the Revised Code.	2489

(Y) "Month" means a calendar month.

2490

(Z) "Quarter" means the first three months, the second three	2491
months, the third three months, or the last three months of the	2492
taxpayer's taxable year.	2493

(AA)(1) "Eligible institution" means a state university or	2494
state institution of higher education as defined in section	2495
3345.011 of the Revised Code, or a private, nonprofit college,	2496
university, or other post-secondary institution located in this	2497
state that possesses a certificate of authorization issued by the	2498
Ohio board of regents pursuant to Chapter 1713. of the Revised	2499
Code or a certificate of registration issued by the state board of	2500
proprietary school registrationcareer colleges and schools under	2501
Chapter 3332. of the Revised Code.	2502

(2) "Qualified tuition and fees" means tuition and fees	2503
imposed by an eligible institution as a condition of enrollment or	2504
attendance, not exceeding two thousand five hundred dollars in	2505
each of the individual's first two years of post-secondary	2506
education. If the individual is a part-time student, "qualified	2507
tuition and fees" includes tuition and fees paid for the academic	2508
equivalent of the first two years of post-secondary education	2509
during a maximum of five taxable years, not exceeding a total of	2510
five thousand dollars. "Qualified tuition and fees" does not	2511
include:	2512

(a) Expenses for any course or activity involving sports,	2513
games, or hobbies unless the course or activity is part of the	2514
individual's degree or diploma program;	2515

(b) The cost of books, room and board, student activity	2516
fees, athletic fees, insurance expenses, or other expenses	2517
unrelated to the individual's academic course of instruction;	2518

(c) Tuition, fees, or other expenses paid or reimbursed	2519
through an employer, scholarship, grant in aid, or other	2520
educational benefit program.	2521

(BB)(1) "Modified business income" means the business income	2522
included in a trust's taxable income after such taxable income is	2523
first reduced by the qualifying amount, if any.	2524

(2) "Qualifying amount" of a trust means capital gains and	2525
losses from the sale, exchange, or other disposition of equity or	2526
ownership interest in, or debt obligations of, a qualifying	2527
investee to the extent included in the trust's taxable income, but	2528
only if the location of the physical assets of the qualifying	2529
investee is available to the trust.	2530

(3) "Modified nonbusiness income" means a trust's taxable	2531
income other than modified business income and other than the	2532
qualifying amount.	2533

(4) "Modified taxable income" applies only to trusts and	2534
means the sum of the following:	2535

(a) Modified business income multiplied by the fraction	2536
calculated under division (B)(2) of section 5733.05, and applying	2537
section 5733.057 of the Revised Code, as if the trust were a	2538
corporation subject to the tax imposed by section 5733.06 of the	2539
Revised Code;	2540

(b) The qualifying amount multiplied by the ratio of the	2541
book value of the physical assets in this state of the qualifying	2542
investee to the book value of the total physical assets everywhere	2543
of the qualifying investee. If, for a taxable year, the trust	2544
recognizes a qualifying amount with respect to more than one	2545
qualifying investee, the amount described in division (BB)(4)(b)	2546
of this section shall equal the sum of the products so computed	2547
for each such qualifying investee.	2548

(c) Modified nonbusiness income to the extent produced by	2549
assets held by a trust or portion of a trust that is a resident	2550
for the purposes of this chapter.	2551

If the allocation and apportionment of a trust's income under	2552
divisions (BB)(4)(a) and (c) of this section do not fairly	2553
represent the modified taxable income of the trust in this state,	2554
the alternative methods described in division (C) of section	2555
5747.21 of the Revised Code may be applied in the manner and to	2556
the same extent provided in that section.	2557

(5) "Qualifying investee" means a person in which a trust	2558
has an equity or ownership interest, or a person or unit of	2559
government the debt obligations of either of which are owned by a	2560
trust.	2561

(CC) Any term used in this chapter that is not otherwise	2562
defined in this section and that is not used in a comparable	2563
context in the Internal Revenue Code and other statutes of the	2564
United States relating to federal income taxes has the same	2565
meaning as in section 5733.40 of the Revised Code.	2566

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

2567

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

2568

(a) Fall term, which consists of fall semester or fall	2569
quarter, as appropriate;	2570

(b) Winter term, which consists of winter semester, winter	2571
quarter, or spring semester, as appropriate;	2572

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

2573

(d) Summer term, which consists of summer semester or summer	2574
quarter, as appropriate.	2575

(2) "Eligible applicant" means any individual to whom all of	2576
the following apply:	2577

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

2578

(b) The individual has enlisted, re-enlisted, or extended	2579
current enlistment in the Ohio national guard or is an individual	2580
to which division (F) of this section applies.	2581

(c) The individual is actively enrolled as a full-time or	2582
part-time student for at least six credit hours of course work in	2583
a semester or quarter in a two-year or four-year degree-granting	2584
program at an institution of higher education or in a	2585
diploma-granting program at an institution of higher education	2586
that is a school of nursing.	2587

(d) The individual has not accumulated ninety-six	2588
eligibility units under division (E) of this section.	2589

(3) "Institution of higher education" means an Ohio	2590
institution of higher education that is state-assisted, that is	2591
nonprofit and has received a certificate of authorization from the	2592
Ohio board of regents pursuant to Chapter 1713. of the Revised	2593
Code, that is a private institution exempt from regulation under	2594
Chapter 3332. of the Revised Code as prescribed in section	2595
3333.046 of the Revised Code, or that holds a certificate of	2596
registration and program authorization issued by the state board	2597
of proprietary school registrationcareer colleges and schools	2598
pursuant to section 3332.05 of the Revised Code.	2599

(4) "State university" has the same meaning as in section	2600
3345.011 of the Revised Code.	2601

(B)(1) There is hereby created a scholarship program to be	2602
known as the Ohio national guard scholarship program. For the	2603
fiscal year 2000, the number of participants in the program for	2604
the fall term is limited to the equivalent of two thousand five	2605
hundred full-time participants; the number of participants in the	2606
program for the winter term is limited to the equivalent of two	2607
thousand five hundred full-time participants; the number of	2608
participants in the program for the spring term is limited to the	2609
equivalent of one thousand six hundred seventy-five full-time	2610
participants; and the number of participants in the program for	2611
the summer term is limited to the equivalent of six hundred	2612
full-time participants. Except as provided in division (B)(2) of	2613
this section for the fiscal year 2001 and succeeding fiscal years,	2614
the number of participants in the program for the fall term is	2615
limited to the equivalent of three thousand five hundred full-time	2616
participants; the number of participants in the program for the	2617
winter term is limited to the equivalent of three thousand five	2618
hundred full-time participants; the number of participants in the	2619
program for the spring term is limited to the equivalent of two	2620
thousand three hundred forty-five full-time participants; and the	2621
number of participants in the program for the summer term is	2622
limited to the equivalent of eight hundred full-time participants.	2623

(2) After the application deadline for any academic term in	2624
fiscal year 2001, the adjutant general may request the controlling	2625
board, if sufficient appropriated funds are available, to approve	2626
the following number of additional participants for that term:	2627

(a) For the fall or winter academic term, up to the	2628
equivalent of five hundred additional full-time participants;	2629

(b) For the spring academic term, up to the equivalent of	2630
three hundred seventy-five additional full-time participants;	2631

(c) For the summer academic term, up to the equivalent of	2632
one hundred twenty-five additional full-time participants.	2633

(C) If the adjutant general estimates that appropriations	2634
for all scholarships applied for under this section and likely to	2635
be used during an academic term are inadequate for all eligible	2636
applicants for that academic term to receive scholarships, the	2637
adjutant general shall promptly inform all applicants not	2638
receiving scholarships for that academic term of the next academic	2639
term that appropriations will be adequate for the scholarships.	2640
Any such eligible applicant may again apply for a scholarship	2641
beginning that academic term if the applicant is in compliance	2642
with all requirements established by this section and the adjutant	2643
general for the program. The adjutant general shall process all	2644
applications for scholarships for each academic term in the order	2645
in which they are received. The scholarships shall be made	2646
without regard to financial need. At no time shall one person be	2647
placed in priority over another because of sex, race, or religion.	2648

(D)(1) Except as provided in division (I) of this section,	2649
for each academic term that an eligible applicant is approved for	2650
a scholarship under this section and either remains a current	2651
member in good standing of the Ohio national guard or is eligible	2652
for a scholarship under division (F)(1) of this section, the	2653
institution of higher education in which the applicant is enrolled	2654
shall, if the applicant's enlistment obligation extends beyond the	2655
end of that academic term or if division (F)(1) of this section	2656
applies, be paid on the applicant's behalf the applicable one of	2657
the following amounts:	2658

(a) If the institution is state-assisted, an amount equal to	2659
one hundred per cent of the institution's tuition charges;	2660

(b) If the institution is a nonprofit private institution or	2661
a private institution exempt from regulation under Chapter 3332.	2662
of the Revised Code as prescribed in section 3333.046 of the	2663
Revised Code, an amount equal to one hundred per cent of the	2664
average tuition charges of all state universities;	2665

(c) If the institution is an institution that holds a	2666
certificate of registration from the state board of proprietary	2667
school registrationcareer colleges and schools, the lesser of the	2668
following:	2669

(i) An amount equal to one hundred per cent of the total	2670
instructional and general charges of the institution;	2671

(ii) An amount equal to one hundred per cent of the average	2672
tuition charges of all state universities.	2673

(2) An eligible applicant's scholarship shall not be reduced	2674
by the amount of that applicant's benefits under "the Montgomery	2675
G.I. Bill Act of 1984," Pub. L. No. 98-525, 98 Stat. 2553 (1984).	2676

(E) A scholarship recipient under this section shall be	2677
entitled to receive scholarships under this section for the number	2678
of quarters or semesters it takes the recipient to accumulate	2679
ninety-six eligibility units as determined under divisions (E)(1)	2680
to (3) of this section.	2681

(1) To determine the maximum number of semesters or quarters	2682
for which a recipient is entitled to a scholarship under this	2683
section, the adjutant general shall convert a recipient's credit	2684
hours of enrollment for each academic term into eligibility units	2685
in accordance with the following table:	2686

(2) A scholarship recipient under this section may continue	2697
to apply for scholarships under this section until the recipient	2698
has accumulated ninety-six eligibility units.	2699

(3) If a scholarship recipient withdraws from courses prior	2700
to the end of an academic term so that the recipient's enrollment	2701
for that academic term is less than six credit hours, no	2702
scholarship shall be paid on behalf of that person for that	2703
academic term. Except as provided in division (F)(3) of this	2704
section, if a scholarship has already been paid on behalf of the	2705
person for that academic term, the adjutant general shall add to	2706
that person's accumulated eligibility units the number of	2707
eligibility units for which the scholarship was paid.	2708

(F) This division applies to any eligible applicant called	2709
into active duty on or after September 11, 2001. As used in this	2710
division, "active duty" means active duty pursuant to an executive	2711
order of the president of the United States, an act of the	2712
congress of the United States, or section 5919.29 or 5923.21 of	2713
the Revised Code.	2714

(1) An individual to whom this division applies is eligible	2715
for scholarships under this section for those academic terms that	2716
were missed or could have been missed as a result of the	2717
individual's call into active duty. Scholarships shall not be	2718
paid for the academic term in which an eligible applicant's	2719
enlistment obligation ends unless an applicant is eligible under	2720
this division for a scholarship for such academic term due to	2721
previous active duty.	2722

(2) When an individual to whom this division applies	2723
withdraws or otherwise fails to complete courses, for which	2724
scholarships have been awarded under this section, because the	2725
individual was called into active duty, the institution of higher	2726
education shall grant the individual a leave of absence from the	2727
individual's education program and shall not impose any academic	2728
penalty for such withdrawal or failure to complete courses.	2729
Division (F)(2) of this section applies regardless of whether or	2730
not the scholarship amount was paid to the institution of higher	2731
education.	2732

(3) If an individual to whom this division applies withdraws	2733
or otherwise fails to complete courses because the individual was	2734
called into active duty, and if scholarships for those courses	2735
have already been paid, either:	2736

(a) The adjutant general shall not add to that person's	2737
accumulated eligibility units calculated under division (E) of	2738
this section the number of eligibility units for the academic	2739
courses or term for which the scholarship was paid and the	2740
institution of higher education shall repay the scholarship amount	2741
to the state.	2742

(b) The adjutant general shall add to that individual's	2743
accumulated eligibility units calculated under division (E) of	2744
this section the number of eligibility units for the academic	2745
courses or term for which the scholarship was paid if the	2746
institution of higher education agrees to permit the individual to	2747
complete the remainder of the academic courses in which the	2748
individual was enrolled at the time the individual was called into	2749
active duty.	2750

(G) A scholarship recipient under this section who fails to	2751
complete the term of enlistment, re-enlistment, or extension of	2752
current enlistment the recipient was serving at the time a	2753
scholarship was paid on behalf of the recipient under this section	2754
is liable to the state for repayment of a percentage of all Ohio	2755
national guard scholarships paid on behalf of the recipient under	2756
this section, plus interest at the rate of ten per cent per annum	2757
calculated from the dates the scholarships were paid. This	2758
percentage shall equal the percentage of the current term of	2759
enlistment, re-enlistment, or extension of enlistment a recipient	2760
has not completed as of the date the recipient is discharged from	2761
the Ohio national guard.	2762

The attorney general may commence a civil action on behalf of	2763
the adjutant general to recover the amount of the scholarships and	2764
the interest provided for in this division and the expenses	2765
incurred in prosecuting the action, including court costs and	2766
reasonable attorney's fees. A scholarship recipient is not liable	2767
under this division if the recipient's failure to complete the	2768
term of enlistment being served at the time a scholarship was paid	2769
on behalf of the recipient under this section is due to the	2770
recipient's death; discharge from the national guard due to	2771
disability; or the recipient's enlistment, for a term not less	2772
than the recipient's remaining term in the national guard, in the	2773
active component of the United States armed forces or the active	2774
reserve component of the United States armed forces.	2775

(H) On or before the first day of each academic term, the	2776
adjutant general shall provide an eligibility roster to each	2777
institution of higher education at which one or more scholarship	2778
recipients have applied for enrollment. The institution shall use	2779
the roster to certify the actual full-time or part-time enrollment	2780
of each scholarship recipient listed as enrolled at the	2781
institution and return the roster to the adjutant general within	2782
thirty days after the first day of the academic term. The	2783
adjutant general shall report to the Ohio board of regents the	2784
number of students in the Ohio national guard scholarship program	2785
at each institution of higher education. The Ohio board of	2786
regents shall provide for payment of the appropriate number and	2787
amount of scholarships to each institution of higher education	2788
pursuant to division (D) of this section. The adjutant general	2789
shall report on a quarterly basis to the director of budget and	2790
management, the speaker of the house of representatives, and the	2791
president of the senate the number of Ohio national guard	2792
scholarship recipients and a projection of the cost of the program	2793
for the remainder of the biennium.	2794

(I) The chancellor of the Ohio board of regents and the	2795
adjutant general may adopt rules pursuant to Chapter 119. of the	2796
Revised Code governing the administration and fiscal management of	2797
the Ohio national guard scholarship program and the procedure by	2798
which the Ohio board of regents and the department of the adjutant	2799
general may modify the amount of scholarships a member receives	2800
based on the amount of other state financial aid a member	2801
receives.	2802

(J) Notwithstanding division (A) of section 127.14 of the	2803
Revised Code, the controlling board shall not transfer all or part	2804
of any appropriation for the Ohio national guard scholarship	2805
program.	2806

Section 2. That existing sections 955.43, 1713.02, 1713.03,	2807
1713.25, 2741.01, 3332.01, 3332.02, 3332.03, 3332.031, 3332.04,	2808
3332.05, 3332.051, 3332.06, 3332.07, 3332.08, 3332.081, 3332.082,	2809
3332.083, 3332.085, 3332.09, 3332.091, 3332.092, 3332.10, 3332.11,	2810
3332.12, 3332.13, 3332.18, 3333.043, 3333.12, 3333.29, 3334.01,	2811
3365.01, 3365.15, 4742.05, 4742.06, 4743.03, 4762.02, 4763.05,	2812
5107.58, 5747.01, and 5919.34 of the Revised Code are hereby	2813
repealed.	2814

Section 3. That sections 3332.04, 3332.08, 3332.082, and	2815
3332.084 of the Revised Code be amended to read as follows:	2816

Sec. 3332.04.  The state board of career colleges and schools	2817
may appoint an executive director and such other staff as may be	2818
required for the performance of the board's duties and provide	2819
necessary facilities. In selecting an executive director, the	2820
board shall appoint an individual with a background or experience	2821
in the regulation of commerce, business, or education. The board	2822
may also arrange for services and facilities to be provided by the	2823
state board of education and the Ohio board of regents. All	2824
receipts of the board shall be deposited in the career colleges	2825
and schools operating fund, which is hereby created in the state	2826
treasury to the credit of the general revenue fund. Moneys in the	2827
fund shall be used solely for the administration and enforcement	2828
of Chapter 3332. of the Revised Code. All investment earnings on	2829
the fund shall be credited to the fund.	2830

Sec. 3332.08.  The application for a certificate of	2831
registration for a school located within Ohio shall be accompanied	2832
by a surety bond in thea penal sum of ten thousand dollars	2833
established by rule of the state board of career colleges and	2834
schools pursuant to Chapter 119. of the Revised Code with	2835
conditions and in a form prescribed by the state board of career	2836
colleges and schools with at least one corporate bonding company	2837
approved by the department of insurance as surety thereon. Bond	2838
shall be maintained in effect for a period specified by rule of	2839
the board. The board may permit a school to cancel its bond if the	2840
school has been approved to participate in any federal student	2841
financial assistance program authorized under Title IV of the	2842
"Higher Education Act of 1965," 20 U.S.C.A. 1070 et seq., as	2843
amended, or if the school meets standards of financial	2844
responsibility otherwise established by the board. The bond shall	2845
provide for the indemnification of any person suffering prepaid	2846
tuition loss as the result of any fraud or misrepresentation used	2847
in behalf of the principal in procuring such person's enrollment	2848
in a program, including repayment of tuition paid in advance by	2849
any studenta school closure in accordance with section 3332.082	2850
of the Revised Code.	2851

The liability of the surety on such bond for the school	2852
covered shall not exceed the sum of ten thousand dollarsthe bond	2853
as an aggregate for all students for all breaches of the	2854
conditions of the bond by the school. The term of the bond shall	2855
be continuous, but it shall be subject to cancellation by the	2856
surety in the manner described in this section. The bond shall	2857
provide blanket coverage for the acts of all persons engaged as	2858
agents of the school without naming them and without regard to the	2859
time they are engaged during the term of the bond.	2860

The surety may terminate the bond upon giving a sixty-day	2861
written notice to the principal and to the state board of career	2862
colleges and schools, but the liability of the surety for acts of	2863
the principal and its agents continues during the sixty days of	2864
cancellation notice. The notice does not absolve the surety from	2865
liability which accrues before the cancellation becomes final but	2866
which is discovered after that date and which may have arisen at	2867
any time during the term of the bond. Unless the bond is replaced	2868
by that of another surety before the expiration of the sixty days	2869
notice of cancellation, the certificate of registration shall be	2870
suspended. Any person subject to this section required to file a	2871
bond with an application for a certificate of registration may	2872
file, in lieu thereof, cash, a certificate of deposit, letter of	2873
credit, or government bonds in the amount of ten thousand dollars	2874
established by the board. The deposit is subject to the same	2875
terms and conditions as are provided for in the surety bond	2876
required herein. Any interest or earnings on such deposits are	2877
payable to the depositor.	2878

Sec. 3332.082.  The state board of career colleges and	2879
schools may pursue any lawful means of assuring that students of	2880
any school registered by the state board do not suffer prepaid	2881
tuition loss as a result of the closure of a school. This may	2882
include lawsuits against a school or any individual who may	2883
reasonably have liability as a result of the default, in which the	2884
attorney general shall advise and represent the board. Any student	2885
seeking reimbursement for a prepaid tuition loss shall submit a	2886
claim for reimbursement to the board not later than one year	2887
following the school's closure.	2888

Any reimbursement for a prepaid tuition loss or advance	2889
against a possible prepaid tuition loss of a student, and any	2890
expenses reasonably incurred by the board in its pursuit of any	2891
remedy, shall be paid by the surety on the bond provided by the	2892
school pursuant to section 3332.08 of the Revised Code. If	2893
proceeds from the surety bond are not sufficient to cover such	2894
payments, any additional payments shall be paid from the student	2895
tuition recovery fund created by section 3332.083 of the Revised	2896
Code. Tuition loss does not include moneys held by a school in	2897
escrow accounts for tuition or fees for future terms, as	2898
uncommitted grants, loans, or Pell grant money. If the fund is	2899
not of sufficient size to pay the students the full amount of	2900
their prepaid fee, the student tuition recovery authority shall	2901
determine the percentage of the amount that will be paid.	2902

Any money recovered from the defaulting school,or any	2903
individual with liability for the default, or from the surety	2904
under a bond provided under section 3332.08 of the Revised Code in	2905
excess of any payments made under this section shall be deposited	2906
into the fund.	2907

Sec. 3332.084.  The student tuition recovery authority may:

2908

(A) Adopt bylaws for the regulation of its affairs and the	2909
conduct of its business;	2910

(B) Maintain a principal office at such place within the	2911
state as is designated by the authority;	2912

(C) DistributeDirect moneys fromto be paid by the surety on	2913
the bond required by section 3332.08 of the Revised Code and	2914
distribute moneys from the student tuition recovery fund to or on	2915
behalf of students who are determined eligible by the authority;	2916

(D) Reduce contributions to or utilize excess money in the	2917
fund, as provided in division (C) of section 3332.085 of the	2918
Revised Code.	2919

Section 4. That existing sections 3332.04, 3332.08, 3332.082,	2920
and 3332.084 of the Revised Code are hereby repealed.	2921

Section 5. That Section 94.10 of Am. Sub. H.B. 94 of the	2922
124th General Assembly be amended to read as follows:	2923

Sec. 94.10.  SEA GRANTS

2924

The foregoing appropriation item 235-402, Sea Grants, shall	2925
be disbursed to The Ohio State University and shall be used to	2926
conduct research on fish in Lake Erie.	2927

INFORMATION SYSTEM

2928

The foregoing appropriation item 235-409, Information System,	2929
shall be used by the Board of Regents to operate the higher	2930
education information data system known as the Higher Education	2931
Information System.	2932

STUDENT SUPPORT SERVICES

2933

The foregoing appropriation item 235-502, Student Support	2934
Services, shall be distributed by the Board of Regents to Ohio's	2935
state-assisted colleges and universities that incur	2936
disproportionate costs in the provision of support services to	2937
disabled students.	2938

CENTRAL STATE SUPPLEMENT

2939

The foregoing appropriation item 235-514, Central State	2940
Supplement, shall be used by Central State University to keep	2941
undergraduate fees below the statewide average, consistent with	2942
its mission of service to many first-generation college students	2943
from groups historically underrepresented in higher education and	2944
from families with limited incomes.	2945

SHAWNEE STATE SUPPLEMENT

2946

The foregoing appropriation item 235-520, Shawnee State	2947
Supplement, shall be used by Shawnee State University as detailed	2948
by both of the following:	2949

(A) To allow Shawnee State University to keep its	2950
undergraduate fees below the statewide average, consistent with	2951
its mission of service to an economically depressed Appalachian	2952
region;	2953

(B) To allow Shawnee State University to employ new faculty	2954
to develop and teach in new degree programs that meet the needs of	2955
Appalachians.	2956

POLICE AND FIRE PROTECTION

2957

The foregoing appropriation item 235-524, Police and Fire	2958
Protection, shall be used for police and fire services in the	2959
municipalities of Kent, Athens, Oxford, Fairborn, Bowling Green,	2960
Portsmouth, Xenia Township (Greene County), and Rootstown	2961
Township, which may be used to assist these local governments in	2962
providing police and fire protection for the central campus of the	2963
state-affiliated university located therein. Each participating	2964
municipality and township shall receive at least five thousand	2965
dollars per year. Funds shall be distributed by the Board of	2966
Regents.	2967

SCHOOL OF INTERNATIONAL BUSINESS

2968

Of the foregoing appropriation item 235-547, School of	2969
International Business, $1,218,764 in each fiscal year shall be	2970
used for the continued development and support of the School of	2971
International Business of the state universities of northeast	2972
Ohio. The money shall go to the University of Akron. These funds	2973
shall be used by the university to establish a School of	2974
International Business located at the University of Akron. It may	2975
confer with Kent State University, Youngstown State University,	2976
and Cleveland State University as to the curriculum and other	2977
matters regarding the school.	2978

Of the foregoing appropriation item 235-547, School of	2979
International Business, $245,000 in each fiscal year shall be used	2980
by the University of Toledo College of Business for expansion of	2981
its international business programs.	2982

Of the foregoing appropriation item 235-547, School of	2983
International Business, $245,000 in each fiscal year shall be used	2984
by to support the Ohio State University BioMEMS program.	2985

CAPITAL COMPONENT

2986

The foregoing appropriation item 235-552, Capital Component,	2987
shall be used by the Board of Regents to implement the capital	2988
funding policy for state-assisted colleges and universities	2989
established in Am. H.B. No. 748 of the 121st General Assembly.	2990
Appropriations from this item shall be distributed to all campuses	2991
for which the estimated campus debt service attributable to new	2992
qualifying capital projects is less than the campus's	2993
formula-determined capital component allocation. Campus	2994
allocations shall be determined by subtracting the estimated	2995
campus debt service attributable to new qualifying capital	2996
projects from the campus formula-determined capital component	2997
allocation. Moneys distributed from this appropriation item shall	2998
be restricted to capital-related purposes.	2999

DAYTON AREA GRADUATE STUDIES INSTITUTE

3000

The foregoing appropriation item 235-553, Dayton Area	3001
Graduate Studies Institute, shall be used by the Board of Regents	3002
to support the Dayton Area Graduate Studies Institute, an	3003
engineering graduate consortium of three universities in the	3004
Dayton area: Wright State University, the University of Dayton,	3005
and the Air Force Institute of Technology, with the participation	3006
of the University of Cincinnati and The Ohio State University.	3007

LONG-TERM CARE RESEARCH

3008

The foregoing appropriation item 235-558, Long-term Care	3009
Research, shall be disbursed to Miami University for long-term	3010
care research.	3011

BOWLING GREEN STATE UNIVERSITY CANADIAN STUDIES CENTER

3012

The foregoing appropriation item 235-561, Bowling Green State	3013
University Canadian Studies Center, shall be used by the Canadian	3014
Studies Center at Bowling Green State University to study	3015
opportunities for Ohio and Ohio businesses to benefit from the	3016
Free Trade Agreement between the United States and Canada.	3017

URBAN UNIVERSITY PROGRAMS

3018

Of the foregoing appropriation item 235-583, Urban University	3019
Programs, universities receiving funds that are used to support an	3020
ongoing university unit shall certify periodically in a manner	3021
approved by the Board of Regents that program funds are being	3022
matched on a one-to-one basis with equivalent resources. Overhead	3023
support may not be used to meet this requirement. Where Urban	3024
University Program funds are being used to support an ongoing	3025
university unit, matching funds must come from continuing rather	3026
than one-time sources. At each participating state-assisted	3027
institution of higher education, matching funds must be within the	3028
substantial control of the individual designated by the	3029
institution's president as the Urban University Program	3030
representative.	3031

Of the foregoing appropriation item 235-583, Urban University	3032
Programs, $372,400 in each fiscal year shall be used to support a	3033
public communication outreach program (WCPN). The primary purpose	3034
of the program shall be to develop a relationship between	3035
Cleveland State University and nonprofit communications entities.	3036

Of the foregoing appropriation item 235-583, Urban University	3037
Programs, $176,400 in each fiscal year shall be used to support	3038
the Center for the Interdisciplinary Study of Education and the	3039
Urban Child at Cleveland State University. These funds shall be	3040
distributed according to rules adopted by the Board of Regents and	3041
shall be used by the center for interdisciplinary activities	3042
targeted toward increasing the chance of lifetime success of the	3043
urban child, including interventions beginning with the prenatal	3044
period. The primary purpose of the center is to study issues in	3045
urban education and to systematically map directions for new	3046
approaches and new solutions by bringing together a cadre of	3047
researchers, scholars, and professionals representing the social,	3048
behavioral, education, and health disciplines.	3049

Of the foregoing appropriation item 235-583, Urban University	3050
Programs, $254,800 in each fiscal year shall be used to support	3051
the Kent State University Learning and Technology Project. This	3052
project is a kindergarten through university collaboration between	3053
schools surrounding Kent's eight campuses in northeast Ohio, and	3054
corporate partners who will assist in development and delivery.	3055

The Kent State University Project shall provide a faculty	3056
member who has a full-time role in the development of	3057
collaborative activities and teacher instructional programming	3058
between Kent and the K-12th grade schools that surround its eight	3059
campuses; appropriate student support staff to facilitate these	3060
programs and joint activities; and hardware and software to	3061
schools that will make possible the delivery of instruction to	3062
pre-service and in-service teachers, and their students, in their	3063
own classrooms or school buildings. This shall involve the	3064
delivery of low-bandwidth streaming video and web-based	3065
technologies in a distributed instructional model.	3066

Of the foregoing appropriation item 235-583, Urban University	3067
Programs, $98,000 in each fiscal year shall be used to support the	3068
Ameritech Classroom/Center for Research at Kent State University.	3069

Of the foregoing appropriation item 235-583, Urban University	3070
Programs, $980,000 in each fiscal year shall be used to support	3071
the Polymer Distance Learning Project at the University of Akron.	3072

Of the foregoing appropriation item 235-583, Urban University	3073
Programs, $49,000 in each fiscal year shall be distributed to the	3074
Kent State University/Cleveland Design Center program.	3075

Of the foregoing appropriation item 235-583, Urban University	3076
Programs, $245,000 in each fiscal year shall be used to support	3077
the Bliss Institute of Applied Politics at the University of	3078
Akron.	3079

Of the foregoing appropriation item 235-583, Urban University	3080
Programs, $14,700 in each fiscal year shall be used for the	3081
Advancing-Up Program at the University of Akron.	3082

Of the foregoing appropriation item 235-583, Urban University	3083
Programs, in each fiscal year $2,156,629 shall be distributed by	3084
the Board of Regents to Cleveland State University in support of	3085
the Maxine Goodman Levin College of Urban Affairs.	3086

Of the foregoing appropriation item 235-583, Urban University	3087
Programs, in each fiscal year $2,156,630 shall be distributed to	3088
the Northeast Ohio Research Consortium, the Urban Linkages	3089
Program, and the Urban Research Technical Assistance Grant	3090
Program. The distribution among the three programs shall be	3091
determined by the chair of the Urban University Program.	3092

INTERNATIONAL CENTER FOR WATER RESOURCES DEVELOPMENT

3093

The foregoing appropriation item 235-595, International	3094
Center for Water Resources Development, shall be used to support	3095
the International Center for Water Resources Development at	3096
Central State University. The center shall develop methods to	3097
improve the management of water resources for Ohio and for	3098
emerging nations.	3099

RURAL UNIVERSITY PROJECTS

3100

Of the foregoing appropriation item 235-587, Rural University	3101
Projects, Bowling Green State University shall receive $212,072 in	3102
each fiscal year, Miami University shall receive $324,503 in each	3103
fiscal year, and Ohio University shall receive $740,977 in each	3104
fiscal year. These funds shall be used to support the Institute	3105
for Local Government Administration and Rural Development at Ohio	3106
University, the Center for Public Management and Regional Affairs	3107
at Miami University, and the Center for Policy Analysis and Public	3108
Service at Bowling Green State University.	3109

Of the foregoing appropriation item 235-587, Rural University	3110
Projects, $24,500 in each fiscal year shall be used to support the	3111
Washington State Community College day care center.	3112

Of the foregoing appropriation item 235-587, Rural University	3113
Projects, $73,500 in each fiscal year shall be used to support	3114
the COAD/ILGARD/GOA Appalachian Leadership Initiative.	3115

A small portion of the funds provided to Ohio University	3116
shall also be used for the Institute for Local Government	3117
Administration and Rural Development State and Rural Policy	3118
Partnership with the Governor's Office of Appalachia and the	3119
Appalachian delegation of the General Assembly.	3120

OHIO RESOURCE CENTER FOR MATHEMATICS, SCIENCE, AND READING

3121

The foregoing appropriation item 235-588, Ohio Resource	3122
Center for Mathematics, Science, and Reading, shall be used to	3123
support a resource center for mathematics, science, and reading to	3124
be located at a state-assisted university for the purpose of	3125
identifying best educational practices in primary and secondary	3126
schools and establishing methods for communicating them to	3127
colleges of education and school districts.	3128

HAZARDOUS MATERIALS PROGRAM

3129

The foregoing appropriation item 235-596, Hazardous Materials	3130
Program, shall be disbursed to Cleveland State University for the	3131
operation of a program to certify firefighters for the handling of	3132
hazardous materials. Training shall be available to all Ohio	3133
firefighters.	3134

Of the foregoing appropriation item 235-596, Hazardous	3135
Materials Program, $150,000 in each fiscal year shall be used to	3136
support the Center for the Interdisciplinary Study of Education	3137
and Leadership in Public Service at Cleveland State University.	3138
These funds shall be distributed by the Board of Regents and shall	3139
be used by the center targeted toward increasing the role of	3140
special populations in public service and not-for-profit	3141
organizations. The primary purpose of the center is to study	3142
issues in public service and to guide strategies for attracting	3143
new communities into public service occupations by bringing	3144
together a cadre of researchers, scholars and professionals	3145
representing the public administration, social behavioral, and	3146
education disciplines.	3147

NATIONAL GUARD SCHOLARSHIP PROGRAM

3148

The Board of Regents shall disburse funds from appropriation	3149
item 235-599, National Guard Scholarship Program, at the direction	3150
of the Adjutant General.	3151

OHIO HIGHER EDUCATIONAL FACILITY COMMISSION SUPPORT

3152

The foregoing appropriation item 235-602, HEFC	3153
Administration, shall be used by the Board of Regents for	3154
operating expenses related to the Board of Regents' support of the	3155
activities of the Ohio Higher Educational Facility Commission.	3156
Upon the request of the chancellor, the Director of Budget and	3157
Management shall transfer up to $12,000 cash from Fund 461 to Fund	3158
4E8 in each fiscal year of the biennium.	3159

CAPITAL SCHOLARSHIP PROGRAMS

3160

The Chancellor of the Board of Regents may, for the purpose	3161
of providing up to one hundred twenty-five scholarships in each	3162
fiscal year in the amount of $2,000 each for students enrolled in	3163
Ohio's public and private institutions of higher education to	3164
participate in either the Washington Center Internship Program or	3165
the Kent State University Columbus Program in Intergovernmental	3166
Issues, utilize any funds from any appropriation within the budget	3167
of the Board of Regents that the Chancellor determines to be	3168
available, not to exceed $250,000 in any fiscal year. The	3169
scholarships to students participating in the Kent State	3170
University Columbus Program in Intergovernmental Issues shall be	3171
made only in fiscal year 2003 and only if adequate funds are	3172
available. The scholarships to students participating in the	3173
Washington Center Internship shall be matched by the Washington	3174
Center's scholarship funds.	3175

Section 6. That existing Section 94.10 of Am. Sub. H.B. 94 of	3176
the 124th General Assembly is hereby repealed.	3177

Section 7. Sections 3 and 4 of this act shall take effect	3178
July 1, 2003.	3179

Section 8. Within sixty days after the effective date of this	3180
act, the Governor shall appoint an additional member who has been	3181
engaged for at least the immediately preceding five years in an	3182
executive or managerial position at a career school to the State	3183
Board of Career Colleges and Schools pursuant to section 3332.03	3184
of the Revised Code, as amended by this act. Such member shall	3185
hold office until the twentieth day of November following the	3186
member's appointment and shall be eligible for reappointment to a	3187
full five-year term under that section.	3188