SENATORS Harris, Randy Gardner, Fedor, Prentiss

To amend sections 3333.26 and 5910.01 and

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contingently to amend section 3319.60 of the

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Revised Code to specify War Orphans Scholarship

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eligibility of children of deceased or disabled

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veterans who served during Operation Enduring

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Freedom or Operation Iraqi Freedom, to qualify

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children of members of the United States armed

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forces killed in the line of duty during Operation

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Enduring Freedom or Operation Iraqi Freedom for

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college tuition waivers or reductions if they do

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not receive War Orphans Scholarships, contingently

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to require the Educator Standards Board to create

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a standing subcommittee on higher education, and

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contingently to clarify the selection process for

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higher education representatives appointed to the

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Board.

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

Section 1. That sections 3333.26 and 5910.01 be amended and	17
section 3319.60 of the Revised Code contingently be amended to	18
read as follows:	19

Sec. 3319.60.  There is hereby established the educator	20
standards board. The board shall develop and recommend to the	21
state board of education standards for entering and continuing in	22
the teaching and principalship professions and standards for	23
educator professional development.	24

(A) The board shall consist of the following members	25
appointed by the state board of education within sixty days of the	26
effective date of this section:	27

(1) Eight persons employed as teachers in a school district.	28
Two persons appointed under this division shall be employed as	29
teachers in a secondary school, two persons shall be employed as	30
teachers in a middle school, two persons shall be employed as	31
teachers in an elementary school, one person shall be employed as	32
a teacher in a pre-kindergarten classroom, and one person shall be	33
a teacher who serves on a local professional development committee	34
pursuant to section 3319.22 of the Revised Code. At least one	35
person appointed under this division shall hold a teaching	36
certificate or license issued by the national board for	37
professional teaching standards. The Ohio education association	38
shall submit a list of twelve nominees for these appointments and	39
the state board shall appoint six members to the educator	40
standards board from that list. The Ohio federation of teachers	41
shall submit a list of four nominees for these appointments and	42
the state board shall appoint two members to the educator	43
standards board from that list. If there is an insufficient number	44
of nominees from both lists to satisfy the membership requirements	45
of this division, the state board shall request additional	46
nominees who satisfy those requirements.	47

(2) One person employed as a teacher in a chartered,	48
nonpublic school. Stakeholder groups selected by the state board	49
shall submit a list of two nominees for this appointment.	50

(3) Four persons employed as school administrators in a	51
school district. Of the four persons appointed under this	52
division, one person shall be employed as a secondary school	53
principal, one person shall be employed as a middle school	54
principal, one person shall be employed as an elementary school	55
principal, and one person shall be employed as a school district	56
superintendent. The buckeye association of school administrators	57
shall submit a list of two nominees for the school district	58
superintendent, the Ohio association of elementary school	59
administrators shall submit a list of two nominees for the	60
elementary school principal, and the Ohio association of secondary	61
school administrators shall submit a list of two nominees for the	62
middle school principal and a list of two nominees for the	63
secondary school principal.	64

(4) One person who is a member of a school district board of	65
education. The Ohio school boards association shall submit a list	66
of two nominees for this appointment.	67

(5) Three persons employed by institutions of higher	68
education that offer teacher preparation programs approved under	69
section 3319.23 of the Revised Code. One person appointed under	70
this division shall be employed by an institution of higher	71
education that has a certificate of authorization under Chapter	72
1713. of the Revised Code; one person shall be employed by a state	73
university, as defined in section 3345.011 of the Revised Code, or	74
a university branch; and one person shall be employed by a state	75
community college, community college, or technical college. Of the	76
two persons appointed under this division from an institution of	77
higher education that has a certificate of authorization under	78
Chapter 1713. of the Revised Code and from a state university or	79
university branch, one shall be employed in a college of education	80
and one shall be employed in a college of arts and sciences. The	81
chancellor of the Ohio board of regents shall submit a list of two	82
slates of nominees for each of these appointments and the state	83
board shall appoint one slate as members of the educator standards	84
board.	85

(6) The superintendent of public instruction or a designee of	86
the superintendent, the chancellor of the Ohio board of regents or	87
a designee of the chancellor, and the chairpersons of the	88
education committees of the senate and house of representatives	89
shall serve as nonvoting, ex officio members.	90

(B) Initial terms of office for nine members shall be for two	91
years and three years for eight members, beginning on the day all	92
members are appointed to the board. At the first meeting of the	93
board, members shall draw lots to determine the length of the term	94
each member shall serve. Thereafter terms of office shall be for	95
two years. Each member shall hold office from the date of the	96
member's appointment until the end of the term for which the	97
member was appointed. At the first meeting, appointed members	98
shall select a chairperson and a vice-chairperson. Vacancies on	99
the board shall be filled in the same manner as the original	100
appointments. Any member appointed to fill a vacancy occurring	101
prior to the expiration of the term for which the member's	102
predecessor was appointed shall hold office for the remainder of	103
such term. Any member shall continue in office subsequent to the	104
expiration date of the member's term until the member's successor	105
takes office, or until a period of sixty days has elapsed,	106
whichever occurs first. The terms of office of members are	107
renewable.	108

(C) Members shall receive no compensation for their services.

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(D) The board shall establish guidelines for its operation.	110
These guidelines shall require the creation of a standing	111
subcommittee on higher education, and shall permit the creation of	112
other standing subcommittees when necessary. The board shall	113
determine the membership of any subcommittee it creates. The board	114
may select persons who are not members of the board to participate	115
in the deliberations of any subcommittee as representatives of	116
stakeholder groups, but no such person shall vote on any issue	117
before the subcommittee.	118

Sec. 3333.26.  (A) Any citizen of this state who has resided	119
within the state for one year and who was in the active service of	120
the United States as a soldier, sailor, nurse, or marine between	121
April 6, 1917, and November 11, 1918, and who has been honorably	122
discharged from such service, shall be admitted to any school,	123
college, or university that receives state funds in support	124
thereof, without being required to pay any tuition or	125
matriculation fee, but is not relieved from the payment of	126
laboratory or similar fees.	127

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

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(a) "Volunteer firefighter" has the meaning given in division	129
(B)(1) of section 146.01 of the Revised Code;	130

(b) "Public service officer" means an Ohio firefighter,	131
volunteer firefighter, police officer, member of the highway	132
patrol, employee designated to exercise the powers of police	133
officers pursuant to section 1545.13 of the Revised Code, or other	134
peace officer as defined by division (B) of section 2935.01 of the	135
Revised Code, or a person holding any equivalent position in	136
another state;	137

(c) "Qualified former spouse" means the former spouse of a	138
public service officer who is the custodial parent of a minor	139
child of that marriage pursuant to an order allocating the	140
parental rights and responsibilities for care of the child issued	141
pursuant to section 3109.04 of the Revised Code.	142

(d) "Operation enduring freedom" means that period of	143
conflict which began October 7, 2001, and ends on a date declared	144
by the president of the United States or the congress.	145

(e) "Operation Iraqi freedom" means that period of conflict	146
which began March 20, 2003, and ends on a date declared by the	147
president of the United States or the congress.	148

(2) Any resident of this state who is under twenty-six years	149
of age, or under thirty years of age if the resident has been	150
honorably discharged from the armed services of the United States,	151
and who is the child of a public service officer killed in the	152
line of duty or of a member of the armed services of the United	153
States killed in the line of duty during operation enduring	154
freedom or operation Iraqi freedom, and who is admitted to any	155
state university or college as defined in division (A)(1) of	156
section 3345.12 of the Revised Code, community college, state	157
community college, university branch, or technical college, shall	158
not be required to pay any tuition or any student fee for up to	159
four academic years of education, which shall be at the	160
undergraduate level.	161

A child of a member of the armed services of the United	162
States killed in the line of duty during operation enduring	163
freedom or operation Iraqi freedom is eligible for a waiver of	164
tuition and student fees under this division only if the student	165
is not eligible for a war orphans scholarship authorized by	166
Chapter 5910. of the Revised Code. In any year in which the war	167
orphans scholarship board reduces the percentage of tuition	168
covered by a war orphans scholarship below one hundred per cent	169
pursuant to division (A) of section 5910.04 of the Revised Code,	170
the waiver of tuition and student fees under this division for a	171
child of a member of the armed services of the United States	172
killed in the line of duty during operation enduring freedom or	173
operation Iraqi freedom shall be reduced by the same percentage.	174

(3) Any resident of this state who is the spouse or qualified	175
former spouse of a public service officer killed in the line of	176
duty, and who is admitted to any state university or college as	177
defined in division (A)(1) of section 3345.12 of the Revised Code,	178
community college, state community college, university branch, or	179
technical college, shall not be required to pay any tuition or any	180
student fee for up to four academic years of education, which	181
shall be at the undergraduate level.	182

(C) Any institution that is not subject to division (B) of	183
this section and that holds a valid certificate of registration	184
issued under Chapter 3332., a valid certificate issued under	185
Chapter 4709., or a valid license issued under Chapter 4713. of	186
the Revised Code, or that is nonprofit and has a certificate of	187
authorization issued under section 1713.02 of the Revised Code or	188
that is a private institution exempt from regulation under Chapter	189
3332. of the Revised Code as prescribed in section 3333.046 of the	190
Revised Code that reduces tuition and student fees of a student	191
who is eligible to attend an institution of higher education under	192
the provisions of division (B) of this section by an amount	193
indicated by the Ohio board of regents shall be eligible to	194
receive a grant in that amount from the board. Each institution	195
that enrolls students under division (B) of this section shall	196
report to the board, by the first day of July of each year, the	197
number of students who were so enrolled and the average amount of	198
all such tuition and fees waived during the preceding year. The	199
board shall determine the average amount of all such tuition and	200
fees waived during the preceding year. The average amount of	201
tuition and fees waived under division (B) of this section during	202
the preceding year shall be the amount of grants that	203
participating institutions shall receive under this division	204
during the current year, but no grant under this division shall	205
exceed the tuition and student fees due and payable by the student	206
prior to the reduction referred to in this division. Such grants	207
shall be made for four years of undergraduate education of an	208
eligible student.	209

Sec. 5910.01.  As used in this chapter and section 5919.34 of	210
the Revised Code:	211

(A) "Child" includes natural and adopted children and	212
stepchildren who have not been legally adopted by the veteran	213
parent provided that the relationship between the stepchild and	214
the veteran parent meets the following criteria:	215

(1) The veteran parent is married to the child's natural or	216
adoptive parent at the time application for a scholarship granted	217
under this chapter is made; or if the veteran parent is deceased,	218
the child's natural or adoptive parent was married to the veteran	219
parent at the time of the veteran parent's death;	220

(2) The child resided with the veteran parent for a period of	221
not less than ten consecutive years immediately prior to making	222
application for the scholarship; or if the veteran parent is	223
deceased, the child resided with the veteran parent for a period	224
of not less than ten consecutive years immediately prior to the	225
veteran parent's death;	226

(3) The child received financial support from the veteran	227
parent for a period of not less than ten consecutive years	228
immediately prior to making application for the scholarship; or if	229
the veteran parent is deceased, the child received financial	230
support from the veteran parent for a period of not less than ten	231
consecutive years immediately prior to the veteran parent's death.	232

(B) "Veteran" includes either of the following:

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(1) Any person who was a member of the armed services of the	234
United States for a period of ninety days or more, or who was	235
discharged from the armed services due to a disability incurred	236
while a member with less than ninety days' service, or who died	237
while a member of the armed services; provided that such service,	238
disability, or death occurred during one of the following periods:	239
April 6, 1917, to November 11, 1918; December 7, 1941, to December	240
31, 1946; June 25, 1950, to January 31, 1955; January 1, 1960, to	241
May 7, 1975; August 2, 1990, to the end of operations conducted as	242
a result of the invasion of Kuwait by Iraq, including support for	243
operation desert shield and operation desert storm, as declared by	244
the president of the United States or the congress; October 7,	245
2001, to the end of operation enduring freedom as declared by the	246
president of the United States or the congress; March 20, 2003, to	247
the end of operation Iraqi freedom as declared by the president of	248
the United States or the congress; or any other period of conflict	249
established by the United States department of veterans affairs	250
for pension purposes;	251

(2) Any person who served as a member of the United States	252
merchant marine and to whom either of the following applies:	253

(a) The person has an honorable report of separation from the	254
active duty military service, form DD214 or DD215.	255

(b) The person served in the United States merchant marine	256
between December 7, 1941, and December 31, 1946, and died on	257
active duty while serving in a war zone during that period of	258
service.	259

(C) "Armed services of the United States" or "United States	260
armed forces" includes the army, air force, navy, marine corps,	261
coast guard, and such other military service branch as may be	262
designated by congress as a part of the armed forces of the United	263
States.	264

(D) "Board" means the Ohio war orphans scholarship board	265
created by section 5910.02 of the Revised Code.	266

(E) "Disabled" means having a sixty per cent or greater	267
service-connected disability or receiving benefits for permanent	268
and total nonservice-connected disability, as determined by the	269
United States department of veterans affairs.	270

(F) "United States merchant marine" includes the United	271
States army transport service and the United States naval	272
transport service.	273

Section 2. That existing sections 3333.26 and 5910.01 of the	274
Revised Code are hereby repealed, and existing section 3319.60 of	275
the Revised Code contingently is hereby repealed.	276

Section 3.  The amendment by this act of section 3319.60 of	277
the Revised Code is contingent upon the section becoming law in	278
the same form as it results from the report of the Committee of	279
Conference on Am. Sub. S.B. 2 of the 125th General Assembly as	280
first submitted to the House of Representatives on January 28,	281
2004.	282