H. B. No. 2 As Passed by the House

As Passed by the House

127th General Assembly

Regular Session

2007-2008

H. B. No. 2

Representative Webster

Cosponsors: Representatives Garrison, Luckie, Lundy, Dyer, Heard, Brady, Celeste, Adams, Williams, B., Sykes, Okey, Bacon, Beatty, Blessing, Bolon, Book, Boyd, Brown, Budish, Carano, Combs, DeBose, DeGeeter, Distel, Domenick, Driehaus, Fende, Flowers, Foley, Gibbs, Hagan, R., Harwood, Hughes, Koziura, Letson, Mallory, McGregor, J., Miller, Oelslager, Otterman, Sayre, Schindel, Stewart, D., Uecker, Ujvagi, White, Williams, S., Wolpert, Yates, Yuko

A BILL

To amend sections 121.03, 3333.01, 3333.021, 3333.03, 1
3333.04, 3333.041, 3333.042, 3333.043, 3333.044, 2
3333.045, 3333.046, 3333.047, 3333.05, 3333.06, 3
3333.07, 3333.071, 3333.072, 3333.08, 3333.09, 4
3333.10, 3333.11, 3333.12, 3333.121, 3333.122, 5
3333.123, 3333.13, 3333.14, 3333.15, 3333.16, 6
3333.161, 3333.162, 3333.17, 3333.18, 3333.19, 7
3333.20, 3333.21, 3333.22, 3333.23, 3333.25, 8
3333.26, 3333.27, 3333.28, 3333.29, 3333.31, 9
3333.35, 3333.36, 3333.37, 3333.372, 3333.373, 10
3333.374, 3333.375, and 3333.38 and to enact 11
section 3333.031 of the Revised Code to transfer 12
appointment of the Chancellor of the Ohio Board of 13
Regents to the Governor with the advice and 14
consent of the Senate, to make the Board of 15
Regents an advisory board to the Chancellor, and 16
to transfer the Board's duties and powers to the 17
Chancellor. 18

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

       Section 1. That sections 121.03, 3333.01, 3333.021, 3333.03, 19
3333.04, 3333.041, 3333.042, 3333.043, 3333.044, 3333.045, 20
3333.046, 3333.047, 3333.05, 3333.06, 3333.07, 3333.071, 3333.072, 21
3333.08, 3333.09, 3333.10, 3333.11, 3333.12, 3333.121, 3333.122, 22
3333.123, 3333.13, 3333.14, 3333.15, 3333.16, 3333.161, 3333.162, 23
3333.17, 3333.18, 3333.19, 3333.20, 3333.21, 3333.22, 3333.23, 24
3333.25, 3333.26, 3333.27, 3333.28, 3333.29, 3333.31, 3333.35, 25
3333.36, 3333.37, 3333.372, 3333.373, 3333.374, 3333.375, and 26
3333.38 be amended and section 3333.031 of the Revised Code be 27
enacted to read as follows: 28

       Sec. 121.03. The following administrative department heads 29
shall be appointed by the governor, with the advice and consent of 30
the senate, and shall hold their offices during the term of the 31
appointing governor, and are subject to removal at the pleasure of 32
the governor. 33

       (A) The director of budget and management; 34

       (B) The director of commerce; 35

       (C) The director of transportation; 36

       (D) The director of agriculture; 37

       (E) The director of job and family services; 38

       (F) Until July 1, 1997, the director of liquor control; 39

       (G) The director of public safety; 40

       (H) The superintendent of insurance; 41

       (I) The director of development; 42

       (J) The tax commissioner; 43

       (K) The director of administrative services; 44

       (L) The director of natural resources; 45

       (M) The director of mental health; 46

       (N) The director of mental retardation and developmental 47
disabilities; 48

       (O) The director of health; 49

       (P) The director of youth services; 50

       (Q) The director of rehabilitation and correction; 51

       (R) The director of environmental protection; 52

       (S) The director of aging; 53

       (T) The director of alcohol and drug addiction services; 54

       (U) The administrator of workers' compensation who meets the 55
qualifications required under division (A) of section 4121.121 of 56
the Revised Code; 57

       (V) The chancellor of the Ohio board of regents. 58

       Sec. 3333.01. There is hereby created the Ohio board of 59
regents ~~consisting~~as an advisory board to the chancellor 60
appointed under section 3333.03 of the Revised Code. The board 61
shall consist of nine members to be appointed by the governor with 62
the advice and consent of the senate. The members shall be 63
residents of this state who possess an interest in and knowledge 64
of higher education. No member shall be a trustee, officer, or 65
employee of any Ohio public or private college or university while 66
serving as a member of the board. In addition to the members 67
appointed by the governor, the ~~chairman~~chairperson of the 68
education committee of the senate and the ~~chairman~~chairperson of 69
the education committee of the house of representatives shall, 70
after January 1, 1967, be ex officio members of the board without 71
a vote. 72

       Terms of office shall be for nine years, commencing on the 73
twenty-first day of September and ending on the twentieth day of 74
September. Each member shall hold office from the date of ~~his~~ 75
appointment until the end of the term for which hethe member was 76
appointed. Any member appointed to fill a vacancy occurring prior 77
to the expiration of the term for which ~~his~~the member's 78
predecessor was appointed shall hold office for the remainder of 79
such term. Any member shall continue in office subsequent to the 80
expiration date of ~~his~~the member's term until ~~his~~a successor 81
takes office, or until a period of sixty days has elapsed, 82
whichever occurs first. 83

       No person who has served a full nine-year term shall be 84
eligible for reappointment. 85

       Board members shall serve without compensation, but shall be 86
reimbursed for necessary expenses incurred in the conduct of board 87
business. 88

       Sec. 3333.021. As used in this section, "university" means 89
any college or university that receives a state appropriation. 90

       (A) This division does not apply to proposed rules, 91
amendments, or rescissions subject to review under division (I) of 92
section 119.03 of the Revised Code. No action taken by the 93
chancellor of the Ohio board of regents that could reasonably be 94
expected to have an effect on the revenue or expenditures of any 95
university shall take effect unless at least two weeks prior to 96
the date on which the action is taken, the ~~board~~chancellor has 97
filed with the speaker of the house of representatives, the 98
president of the senate, the legislative budget office of the 99
legislative service commission, and the director of budget and 100
management a fiscal analysis of the proposed action. The analysis 101
shall include an estimate of the amount by which, during the 102
current and ensuing fiscal biennium, the action would increase or 103
decrease the university's revenues or expenditures and increase or 104
decrease any state expenditures and any other information the 105
~~board~~chancellor considers necessary to explain the action's 106
fiscal effect. 107

       (B) Within three days of the date the ~~board of regents~~ 108
chancellor files with the clerk of the senate a proposed rule, 109
amendment, or rescission that is subject to review and 110
invalidation under division (I) of section 119.03 of the Revised 111
Code, itthe chancellor shall file with the speaker of the house, 112
the president of the senate, the legislative budget office of the 113
legislative service commission, and the director of budget and 114
management a fiscal analysis of the proposed rule. The analysis 115
shall include an estimate of the amount by which, during the 116
current and ensuing fiscal biennium, the action would increase or 117
decrease any university's revenues or expenditures and increase or 118
decrease state revenues or expenditures and any other information 119
the ~~board~~chancellor considers necessary to explain the fiscal 120
effect of the rule, amendment, or rescission. No rule, amendment, 121
or rescission shall take effect unless the ~~board~~chancellor has 122
complied with this division. 123

       Sec. 3333.03. (A) The ~~Ohio board of regents~~governor, with 124
the advice and consent of the senate, shall appoint athe 125
chancellor toof the Ohio board of regents. The chancellor shall 126
serve at ~~its~~the pleasure of the governor, and the governor shall 127
prescribe the chancellor's duties in addition to the chancellor's 128
duties prescribed by law. The ~~board~~governor shall fix the 129
compensation for the chancellor. 130

       (B) The chancellor ~~is the administrative officer of the~~ 131
~~board, and~~ is responsible for appointing and fixing the 132
compensation of all professional, administrative, and clerical 133
employees and staff members necessary to assist ~~the board and the~~ 134
~~chancellor~~ in the performance of ~~their~~the chancellor's duties. 135
All employees and staff shall serve at the chancellor's pleasure. 136
The chancellor shall be a person qualified by training and 137
experience to understand the problems and needs of the state in 138
the field of higher education and to devise programs, plans, and 139
methods of solving the problems and meeting the needs. 140

       (C) Neither the chancellor nor any staff member or employee 141
of the ~~board~~chancellor shall be a trustee, officer, or employee 142
of any public or private college or university while serving on 143
~~the board~~as chancellor, staff member, or employee. 144

       Sec. 3333.031. Whenever the term "Ohio board of regents" is 145
used, referred to, or designated in any statute, rule, contract, 146
grant, or other document, the use, reference, or designation shall 147
be construed to mean the "chancellor of the Ohio board of 148
regents," except in sections 3333.01, 3333.011, and 3333.02 of the 149
Revised Code or unless the use, reference, or designation of the 150
term "Ohio board of regents" relates to the board's duties to give 151
advice to the chancellor of the Ohio board of regents or unless 152
another section of law expressly provides otherwise. 153

       Sec. 3333.04. The chancellor of the Ohio board of regents 154
shall: 155

       (A) Make studies of state policy in the field of higher 156
education and formulate a master plan for higher education for the 157
state, considering the needs of the people, the needs of the 158
state, and the role of individual public and private institutions 159
within the state in fulfilling these needs; 160

       (B)(1) Report annually to the governor and the general 161
assembly on the findings from ~~its~~the chancellor's studies and the 162
master plan for higher education for the state; 163

       (2) Report at least semiannually to the general assembly and 164
the governor the enrollment numbers at each state-assisted 165
institution of higher education. 166

       (C) Approve or disapprove the establishment of new branches 167
or academic centers of state colleges and universities; 168

       (D) Approve or disapprove the establishment of state 169
technical colleges or any other state institution of higher 170
education; 171

       (E) Recommend the nature of the programs, undergraduate, 172
graduate, professional, state-financed research, and public 173
services which should be offered by the state colleges, 174
universities, and other state-assisted institutions of higher 175
education in order to utilize to the best advantage their 176
facilities and personnel; 177

       (F) Recommend to the state colleges, universities, and other 178
state-assisted institutions of higher education graduate or 179
professional programs, including, but not limited to, doctor of 180
philosophy, doctor of education, and juris doctor programs, that 181
could be eliminated because they constitute unnecessary 182
duplication, as shall be determined using the process developed 183
pursuant to this section, or for other good and sufficient cause. 184
For purposes of determining the amounts of any state instructional 185
subsidies paid to these colleges, universities, and institutions, 186
the ~~board~~chancellor may exclude students enrolled in any program 187
that the ~~board~~chancellor has recommended for elimination pursuant 188
to this division except that the ~~board~~chancellor shall not 189
exclude any such student who enrolled in the program prior to the 190
date on which the ~~board~~chancellor initially commences to exclude 191
students under this division. The ~~board of regents~~chancellor and 192
these colleges, universities, and institutions shall jointly 193
develop a process for determining which existing graduate or 194
professional programs constitute unnecessary duplication. 195

       (G) Recommend to the state colleges, universities, and other 196
state-assisted institutions of higher education programs which 197
should be added to their present programs; 198

       (H) Conduct studies for the state colleges, universities, and 199
other state-assisted institutions of higher education to assist 200
them in making the best and most efficient use of their existing 201
facilities and personnel; 202

       (I) Make recommendations to the governor and general assembly 203
concerning the development of state-financed capital plans for 204
higher education; the establishment of new state colleges, 205
universities, and other state-assisted institutions of higher 206
education; and the establishment of new programs at the existing 207
state colleges, universities, and other institutions of higher 208
education; 209

       (J) Review the appropriation requests of the public community 210
colleges and the state colleges and universities and submit to the 211
office of budget and management and to the chairpersons of the 212
finance committees of the house of representatives and of the 213
senate ~~its~~the chancellor's recommendations in regard to the 214
biennial higher education appropriation for the state, including 215
appropriations for the individual state colleges and universities 216
and public community colleges. For the purpose of determining the 217
amounts of instructional subsidies to be paid to state-assisted 218
colleges and universities, the ~~board~~chancellor shall define 219
"full-time equivalent student" by program per academic year. The 220
definition may take into account the establishment of minimum 221
enrollment levels in technical education programs below which 222
support allowances will not be paid. Except as otherwise provided 223
in this section, the ~~board~~chancellor shall make no change in the 224
definition of "full-time equivalent student" in effect on November 225
15, 1981, which would increase or decrease the number of 226
subsidy-eligible full-time equivalent students, without first 227
submitting a fiscal impact statement to the president of the 228
senate, the speaker of the house of representatives, the 229
legislative service commission, and the director of budget and 230
management. The ~~board~~chancellor shall work in close cooperation 231
with the director of budget and management in this respect and in 232
all other matters concerning the expenditures of appropriated 233
funds by state colleges, universities, and other institutions of 234
higher education. 235

       (K) Seek the cooperation and advice of the officers and 236
trustees of both public and private colleges, universities, and 237
other institutions of higher education in the state in performing 238
~~its~~the chancellor's duties and making ~~its~~the chancellor's plans, 239
studies, and recommendations; 240

       (L) Appoint advisory committees consisting of persons 241
associated with public or private secondary schools, members of 242
the state board of education, or personnel of the state department 243
of education; 244

       (M) Appoint advisory committees consisting of college and 245
university personnel, or other persons knowledgeable in the field 246
of higher education, or both, in order to obtain their advice and 247
assistance in defining and suggesting solutions for the problems 248
and needs of higher education in this state; 249

       (N) Approve or disapprove all new degrees and new degree 250
programs at all state colleges, universities, and other 251
state-assisted institutions of higher education; 252

       (O) Adopt such rules as are necessary to carry out ~~its~~the 253
chancellor's duties and responsibilities; 254

       (P) Establish and submit to the governor and the general 255
assembly a clear and measurable set of goals and timetables for 256
their achievement for each program under the chancellor's 257
supervision ~~of the board~~ that is designed to accomplish any of the 258
following: 259

       (1) Increased access to higher education; 260

       (2) Job training; 261

       (3) Adult literacy; 262

       (4) Research; 263

       (5) Excellence in higher education; 264

       (6) Reduction in the number of graduate programs within the 265
same subject area. 266

       In July of each odd-numbered year, the ~~board of regents~~ 267
chancellor shall submit to the governor and the general assembly a 268
report on progress made toward these goals. 269

       (Q) Make recommendations to the governor and the general 270
assembly regarding the design and funding of the student financial 271
aid programs specified in sections 3333.12, 3333.122, 3333.21 to 272
3333.27, and 5910.02 of the Revised Code; 273

       (R) Participate in education-related state or federal 274
programs on behalf of the state and assume responsibility for the 275
administration of such programs in accordance with applicable 276
state or federal law; 277

       (S) Adopt rules for student financial aid programs as 278
required by sections 3333.12, 3333.122, 3333.21 to 3333.27, 279
3333.28, 3333.29, and 5910.02 of the Revised Code, and perform any 280
other administrative functions assigned to the ~~board~~chancellor by 281
those sections; 282

       (T) Administer contracts under sections 3702.74 and 3702.75 283
of the Revised Code in accordance with rules adopted by the 284
director of health under section 3702.79 of the Revised Code; 285

       (U) Conduct enrollment audits of state-supported institutions 286
of higher education; 287

       (V) Appoint consortiums of college and university personnel 288
to participate in the development and operation of statewide 289
collaborative efforts, including the Ohio supercomputer center, 290
the Ohio academic resources network, OhioLink, and the Ohio 291
learning network. For each consortium, the ~~board~~chancellor shall 292
designate a college or university to serve as that consortium's 293
fiscal agent, financial officer, and employer. Any funds 294
appropriated ~~to the board~~ for the consortiums shall be distributed 295
to the fiscal agents for the operation of the consortiums. A 296
consortium shall follow the rules of the college or university 297
that serves as its fiscal agent. 298

       Sec. 3333.041. On or before the last day of December of each 299
year, the chancellor of the Ohio board of regents shall submit a 300
report to the general assembly, the state board of education, and 301
the board of education of each city, exempted village, and local 302
school district on the status of graduates of Ohio school 303
districts at state-assisted colleges or universities during the 304
twelve-month period ending on the thirtieth day of September of 305
the current calendar year. The report shall list, by school 306
district, the number of graduates of each school district who 307
attended such a college or university and the percentage of each 308
district's graduates enrolled in such a college or university 309
during the reporting period who were required during such period 310
by the college or university, as a prerequisite to enrolling in 311
those courses generally required for first-year students, to 312
enroll in a remedial course in English, including composition or 313
reading, mathematics, and any other area designated by the board. 314

       Each state-assisted college and university shall, by the 315
first day of November of each year, submit to the ~~board~~chancellor 316
in the form specified by the ~~board~~chancellor the information the 317
~~board~~chancellor requires to compile ~~its~~the report. 318

       As used in this section, "state-assisted college or 319
university" means a state university or college as defined in 320
division (A)(1) of section 3345.12 of the Revised Code, community 321
colleges, state community colleges, university branches, and 322
technical colleges. 323

       Sec. 3333.042. The chancellor of the Ohio board of regents 324
may grant money to a nonprofit entity that provides a statewide 325
resource for aerospace research, education, and technology, so 326
long as the nonprofit entity makes its resources accessible to 327
state colleges and universities and to agencies of this and other 328
states and the United States. The ~~board~~chancellor, by rule 329
adopted in accordance with Chapter 119. of the Revised Code, shall 330
establish procedures and forms whereby nonprofit entities may 331
apply for grants; standards and procedures for reviewing 332
applications for and awarding grants; procedures for distributing 333
grants to recipients; procedures for monitoring the use of grants 334
by recipients; requirements, procedures, and forms whereby grant 335
recipients shall report upon their use of grants; and standards 336
and procedures for terminating and requiring repayment of grants 337
in the event of their improper use. 338

       A state college or university or a private institution exempt 339
from regulation under Chapter 3332. of the Revised Code as 340
prescribed in section 3333.046 of the Revised Code and any agency 341
of state government may provide assistance, in any form, to any 342
nonprofit entity that receives a grant under this section. Such 343
assistance shall be solely for the purpose of assisting the 344
nonprofit entity in making proper use of the grant. 345

       A nonprofit entity that expends a grant under this section 346
for a capital project is not thereby subject to Chapter 123. or 347
153. of the Revised Code. An officer or employee of, or a person 348
who serves on a governing or advisory board or committee of, a 349
nonprofit entity that receives a grant under this section is not 350
thereby an officer or employee of a state college or university or 351
of the state. An officer or employee of a state college or 352
university or of the state who is assigned to assist a nonprofit 353
entity in making proper use of a grant does not, to the extent the 354
officer or employee provides such assistance, thereby hold an 355
incompatible office or employment, or have a direct or indirect 356
interest in a contract or expenditure of the entity. 357

       Sec. 3333.043. (A) As used in this section: 358

       (1) "Institution of higher education" means the state 359
universities listed in section 3345.011 of the Revised Code, 360
municipal educational institutions established under Chapter 3349. 361
of the Revised Code, community colleges established under Chapter 362
3354. of the Revised Code, university branches established under 363
Chapter 3355. of the Revised Code, technical colleges established 364
under Chapter 3357. of the Revised Code, state community colleges 365
established under Chapter 3358. of the Revised Code, any 366
institution of higher education with a certificate of registration 367
from the state board of career colleges and schools, and any 368
institution for which the chancellor of the Ohio board of regents 369
receives a notice pursuant to division (C) of this section. 370

       (2) "Community service" has the same meaning as in section 371
3313.605 of the Revised Code. 372

       (B)(1) The board of trustees or other governing entity of 373
each institution of higher education shall encourage and promote 374
participation of students in community service through a program 375
appropriate to the mission, student population, and environment of 376
each institution. The program may include, but not be limited to, 377
providing information about community service opportunities during 378
student orientation or in student publications; providing awards 379
for exemplary community service; encouraging faculty members to 380
incorporate community service into students' academic experiences 381
wherever appropriate to the curriculum; encouraging recognized 382
student organizations to undertake community service projects as 383
part of their purposes; and establishing advisory committees of 384
students, faculty members, and community and business leaders to 385
develop cooperative programs that benefit the community and 386
enhance student experience. The program shall be flexible in 387
design so as to permit participation by the greatest possible 388
number of students, including part-time students and students for 389
whom participation may be difficult due to financial, academic, 390
personal, or other considerations. The program shall emphasize 391
community service opportunities that can most effectively use the 392
skills of students, such as tutoring or literacy programs. The 393
programs shall encourage students to perform services that will 394
not supplant the hiring of, result in the displacement of, or 395
impair any existing employment contracts of any particular 396
employee of any private or governmental entity for which services 397
are performed. 398

       (2) The chancellor of the Ohio board of regents shall 399
encourage all institutions of higher education in the development 400
of community service programs. With the assistance of the Ohio 401
community service council created in section 121.40 of the Revised 402
Code, the ~~board of regents~~chancellor shall make available 403
information about higher education community service programs to 404
institutions of higher education and to statewide organizations 405
involved with or promoting volunteerism, including information 406
about model community service programs, teacher training courses, 407
and community service curricula and teaching materials for 408
possible use by institutions of higher education in their 409
programs. The ~~board~~chancellor shall encourage institutions of 410
higher education to jointly coordinate higher education community 411
service programs through consortia of institutions or other 412
appropriate means of coordination. 413

       (C) The board of trustees of any nonprofit institution with a 414
certificate of authorization issued ~~by the Ohio board of regents~~ 415
pursuant to Chapter 1713. of the Revised Code or the governing 416
authority of a private institution exempt from regulation under 417
Chapter 3332. of the Revised Code as prescribed in section 418
3333.046 of the Revised Code may notify the ~~board of regents~~ 419
chancellor that it is making itself subject to divisions (A) and 420
(B) of this section. Upon receipt of such a notice, these 421
divisions shall apply to that institution. 422

       Sec. 3333.044. (A) The chancellor of the Ohio board of 423
regents may contract with any consultants that are necessary for 424
the discharge of the ~~board's~~chancellor's duties under this 425
chapter. 426

       (B) The ~~Ohio board of regents~~chancellor may purchase, upon 427
the terms that the ~~board~~chancellor determines to be advisable, 428
one or more policies of insurance from insurers authorized to do 429
business in this state that insure consultants who have contracted 430
with the ~~board~~chancellor under division (A) of this section or 431
members of an advisory committee appointed under section 3333.04 432
of the Revised Code, with respect to the activities of the 433
consultants or advisory committee members in the course of the 434
performance of their responsibilities as consultants or advisory 435
committee members. 436

       (C) Subject to the approval of the controlling board, the 437
~~Ohio board of regents~~chancellor may contract with any entities 438
for the discharge of the ~~board's~~chancellor's duties and 439
responsibilities under any of the programs established pursuant to 440
sections 3333.12, 3333.122, 3333.21 to 3333.28, 3702.71 to 441
3702.81, and 5120.55, and Chapter 5910. of the Revised Code. The 442
~~board~~chancellor shall not enter into a contract under this 443
division unless the proposed contractor demonstrates that its 444
primary purpose is to promote access to higher education by 445
providing student financial assistance through loans, grants, or 446
scholarships, and by providing high quality support services and 447
information to students and their families with regard to such 448
financial assistance. 449

       Chapter 125. of the Revised Code does not apply to contracts 450
entered into pursuant to this section. In awarding contracts under 451
this division, the ~~board~~chancellor shall consider factors such as 452
the cost of the administration of the contract, the experience of 453
the contractor, and the contractor's ability to properly execute 454
the contract. 455

       Sec. 3333.045. As used in this section, "state university or 456
college" means any state university listed in section 3345.011 of 457
the Revised Code, the northeastern Ohio universities college of 458
medicine, any community college under Chapter 3354. of the Revised 459
Code, any university branch district under Chapter 3355. of the 460
Revised Code, any technical college under Chapter 3357. of the 461
Revised Code, and any state community college under Chapter 3358. 462
of the Revised Code. 463

       The chancellor of the Ohio board of regents shall work with 464
the attorney general, the auditor of state, and the Ohio ethics 465
commission to develop a model for training members of the boards 466
of trustees of all state universities and colleges and members of 467
the board of regents regarding the authority and responsibilities 468
of a board of trustees or the board of regents. This model shall 469
include a review of fiduciary responsibilities, ethics, and fiscal 470
management. Use of this model by members of boards of trustees and 471
the board of regents shall be voluntary. 472

       This section does not apply to the three members of the board 473
of trustees of the northeastern Ohio universities college of 474
medicine who are presidents of state universities. 475

       Sec. 3333.046. Any institution authorized to grant on ~~the~~ 476
~~effective date of this section~~February 20, 2002, baccalaureate or 477
master's degrees, for which ~~the board of regents has issued~~ 478
certificates of authorization have been issued under Chapter 1713. 479
of the Revised Code; that is accredited by the appropriate 480
regional and, when appropriate, professional accrediting 481
associations within whose jurisdiction it falls; and that is 482
operated by a for-profit corporation shall cease to be subject to 483
any regulation under Chapter 3332. of the Revised Code but shall 484
continue to be subject to the provisions for approval of degree 485
programs set forth in Chapter 1713. of the Revised Code, including 486
approval of any additional associate, baccalaureate, or master's 487
degree programs offered by the institution. 488

       Sec. 3333.047. With regard to any state student financial aid 489
program established in this chapter, Chapter 5910., or section 490
5919.34 of the Revised Code, the chancellor of the Ohio board of 491
regents shall conduct audits to: 492

       (A) Determine the validity of information provided by 493
students and parents regarding eligibility for state student 494
financial aid. If the ~~board~~chancellor determines that eligibility 495
data has been reported incorrectly or inaccurately, and where the 496
~~board~~chancellor determines an adjustment to be appropriate, the 497
institution of higher education shall adjust the financial aid 498
awarded to the student. 499

        (B) Ensure that institutions of higher education are in 500
compliance with the ~~board's~~ rules governing state student 501
financial aid programs. An institution that fails to comply with 502
the ~~board's~~ rules in the administration of any state student 503
financial aid program shall be fully liable to reimburse the ~~board~~ 504
state for the unauthorized use of student financial aid funds. 505

       Sec. 3333.05. The chancellor of the Ohio board of regents 506
shall approve or disapprove proposed official plans of community 507
college districts, prepared and submitted pursuant to sections 508
3354.01 to 3354.18~~, inclusive,~~ of the Revised Code, and issue or 509
decline to issue charters for operation of community colleges, 510
pursuant to section 3354.07 of the Revised Code. 511

       The ~~board~~chancellor shall approve an official plan, and 512
issue a charter, only upon the following findings: 513

       (A) That the official plan and all past and proposed actions 514
of the community college district are in conformity to law; 515

       (B) That the proposed community college will not unreasonably 516
and wastefully duplicate existing educational services available 517
to students and prospective students residing in the community 518
college district; 519

       (C) That there is reasonable prospect of adequate current 520
operating revenue for the proposed community college from its 521
proposed opening date of operation; 522

       (D) That the proposed lands and facilities of the community 523
colleges will be adequate and efficient for the purposes of the 524
proposed community college; 525

       (E) That the proposed curricular programs defined in section 526
3354.01 of the Revised Code as "arts and sciences" and 527
"technical," or either, are the programs for which there is 528
substantial need in the territory of the district. 529

       The employment and separation of individual personnel in a 530
community college, and the establishing or abolishing of 531
individual courses of instruction, shall not be subject to the 532
specific and individual approval or disapproval of the ~~Ohio board~~ 533
~~of regents~~chancellor, but shall occur in the discretion of the 534
local management of such college within the limitations of law, 535
the official plan, and the charter of such college. 536

       Sec. 3333.06. The chancellor of the Ohio board of regents 537
shall prepare a state plan and do all other things necessary for 538
participation in federal acts relative to the construction of 539
higher educational academic facilities. 540

       Such plan shall provide for objective standards and methods 541
of determining the relative priorities for eligible projects for 542
the construction of academic facilities submitted by institutions 543
of higher education within the state and for determining the 544
federal share of the development for each such project. 545

       The ~~board~~chancellor shall provide for assigning priorities 546
in accordance with such criteria, standards, and methods to 547
eligible projects submitted to ~~the board~~ and approved by itthe 548
chancellor, shall recommend to the United States secretary of 549
education, in the order of such priority, applications covering 550
such eligible projects, and shall certify to the secretary the 551
federal share of the development cost of such projects. 552

       The ~~board~~chancellor shall provide a fair hearing to each 553
institution which has submitted a project as to the priority 554
assigned to such project by the ~~board~~chancellor or as to any 555
other determination of the ~~board~~chancellor adversely affecting 556
such institution. 557

       The ~~board~~chancellor shall receive federal grants for the 558
proper and efficient administration of the state plan, and shall 559
provide for such fiscal control and fund accounting procedures as 560
may be necessary to ensure proper disbursement of, and accounting 561
for, federal funds paid to the ~~board~~chancellor. 562

       The ~~board~~chancellor shall make such reports in such form and 563
containing such information as may be reasonably required by the 564
secretary in the performance of ~~his~~the secretary's functions 565
under federal law relating to grants for the construction of 566
academic facilities. 567

       Each federal grant received by the ~~board~~chancellor shall be 568
paid into the state treasury. 569

       Sec. 3333.07. (A) Colleges, universities, and other 570
institutions of higher education which receive state assistance, 571
but are not supported primarily by the state, shall submit to the 572
chancellor of the Ohio board of regents such accounting of the 573
expenditure of state funds at such time and in such form as the 574
~~board~~chancellor prescribes. 575

       (B) No state institution of higher education shall establish 576
a new branch or academic center without the approval of the ~~board~~ 577
chancellor. 578

       (C) No state institution of higher education shall offer a 579
new degree or establish a new degree program without the approval 580
of the ~~board~~chancellor. No degree approval shall be given for a 581
technical education program unless such program is offered by a 582
state assisted university, a university branch, a technical 583
college, or a community college. 584

       (D) Any state college, university, or other state assisted 585
institution of higher education not complying with a 586
recommendation of the ~~board~~chancellor pursuant to division (F) or 587
(G) of section 3333.04 of the Revised Code shall so notify the 588
~~board~~chancellor in writing within one hundred twenty days after 589
receipt of the recommendation, stating the reasons why it cannot 590
or should not comply. 591

       (E) The officers, trustees, and employees of all institutions 592
of higher education which are state supported or state assisted 593
shall cooperate with the ~~board~~chancellor in supplying information 594
regarding their institutions, and advising and assisting the ~~board~~ 595
chancellor on matters of higher education in this state in every 596
way possible when so requested by the ~~board~~chancellor. 597

       (F) Persons associated with the public school systems in this 598
state, personnel of the state department of education, and members 599
of the state board of education shall provide such data about high 600
school students as are requested by the ~~board of regents~~ 601
chancellor to aid in the development of state higher education 602
plans. 603

       Sec. 3333.071. Notwithstanding section 3345.16 of the 604
Revised Code, no expenditure shall be made for land for higher 605
education purposes by public institutions of higher education or 606
agents of such institutions from any fund without the approval of 607
the chancellor of the Ohio board of regents and the controlling 608
board. No state appropriation for capital improvements shall be 609
released by the controlling board for the purchase of land or 610
buildings from any organization or corporation which has been 611
established to benefit or assist the institution, except that such 612
releases may be made if the land is to be used for a currently 613
state-financed improvement. 614

       Sec. 3333.072. The chancellor of the Ohio board of regents, 615
after consulting with the state colleges and universities and with 616
the office of budget and management, shall adopt rules in 617
accordance with Chapter 119. of the Revised Code to govern the 618
allocation of state capital appropriations to state colleges and 619
universities. In drafting the rules, the ~~board~~chancellor shall 620
incorporate the recommendations of the final report of the 621
commission to study higher education debt service, issued June 28, 622
1994, as these recommendations have been utilized and modified in 623
procedures developed by the ~~board~~chancellor and the office of 624
budget and management since the report was issued. 625

       Sec. 3333.08. It is the declared policy of this state that 626
the availability of eminent domain on behalf of educational 627
institutions of higher education is in the public welfare. A 628
private college, university, or other institution of higher 629
education may therefore apply to the chancellor of the Ohio board 630
of regents for the right to appropriate property when such 631
institution is unable to agree with the owner or owners of the 632
subject property upon the price to be paid for the property. The 633
institution shall be one that any educationally qualified member 634
of the public who desires to attend has, or can acquire, a right 635
to be admitted upon equal terms without discrimination. The 636
institution shall certify to the ~~board~~chancellor, in its 637
application, that the use of the property to be appropriated is to 638
be for educational purposes, including student housing and dining 639
facilities, that reasonable efforts have been made to purchase the 640
property, and that it will be used without discrimination against 641
any person or group and be equally available to all qualified 642
persons. The institution also shall submit to the ~~board~~chancellor 643
its plans for the use of the property and such other information 644
as the ~~board~~chancellor may require. The ~~board~~chancellor may, 645
thereafter, and upon a determination that the intended use is in 646
the public interest, approve the application by resolution. Upon 647
such approval, the institution may appropriate the property in the 648
same manner as is provided for the appropriation of property in 649
Chapter 163. of the Revised Code. 650

       Sec. 3333.09. "Public university or college," as used in 651
this section, means any non-profit university or college situated 652
within this state which is open to the public on equal terms and 653
which is not affiliated with or controlled by an organization 654
which is not primarily educational in nature. Any such university 655
or college shall be considered to be serving a public purpose. 656

       The chancellor of the Ohio board of regents may, upon athe 657
chancellor's determination ~~by it~~ that such action would serve the 658
interests of higher education in this state, in terms of expansion 659
of educational opportunity in a major urban area and in terms of 660
expansion of educational service to a major urban community, 661
accept conveyances of land, situated within this state, from any 662
public university or college and enter into an agreement before or 663
after such conveyance to lease to such public university or 664
college, upon terms as may be prescribed by the ~~board of regents~~ 665
chancellor, such land together with buildings constructed thereon 666
and furniture, fixtures, and equipment therein for use as an 667
educational facility. The lease shall be for a period not to 668
exceed fifty years, renewable for a like term, and shall provide 669
that such buildings be used solely for educational purposes and 670
that the ~~Ohio board of regents~~chancellor may cancel such lease if 671
such buildings are used for other purposes. Such lease may contain 672
provisions for the sale of such property to the lessee, upon the 673
consent of the ~~Ohio board of regents~~chancellor, for a purchase 674
price not less than the actual cost to the ~~Ohio board of regents~~ 675
chancellor, less depreciation, computed at the rate customarily 676
applied to similar structures. The ~~Ohio board of regents~~ 677
chancellor, through the department of administrative services, may 678
construct, equip, or remodel buildings on lands accepted by itthe 679
chancellor in the name of the state pursuant to this section. 680
Title to lands acquired under this section shall be taken in the 681
name of the state. 682

       Responsibility for the proper use, maintenance, and repair of 683
leased buildings shall rest upon the lessee. 684

       Sec. 3333.10. (A) As used in this section: 685

       (1) "Qualified institution of higher education" or 686
"institution" means a nonprofit educational institution, holding 687
an effective certificate of authorization issued ~~by the Ohio board~~ 688
~~of regents~~ under section 1713.02 of the Revised Code, operating in 689
the state an eligible program, and admitting students without 690
discrimination by reason of race, creed, color, or national 691
origin. 692

       (2) "School of dentistry" means an accredited dental college 693
as defined under section 4715.10 of the Revised Code. 694

       (3) "Eligible program" means a medical school accredited by 695
the liaison committee on medical education or an osteopathic 696
medical school accredited by the American osteopathic association, 697
or such a school together with a school of dentistry. 698

       (B) In order to provide better for the public health and the 699
necessary enhancement of instruction in medicine and dentistry in 700
the state, and to encourage the means of such instruction with the 701
least economic cost to the people of the state, the chancellor of 702
the Ohio board of regents may enter into agreements with qualified 703
institutions of higher education providing for the continued 704
operation by the institution of eligible programs, conditioned 705
upon continued payments by the state to such institution for the 706
purposes of such eligible programs of amounts determined in the 707
manner provided for the state subsidy from time to time afforded 708
to state universities on the basis of comparable programs. Before 709
entering into such agreement, the ~~Ohio board of regents~~chancellor 710
shall determine that the institution is a qualified institution of 711
higher education as defined in division (A) of this section, and 712
that the operation of such eligible programs as provided for in 713
such agreement and such payments will contribute to the objectives 714
stated in this section and to the objectives of the master plan of 715
higher education formulated under section 3333.04 of the Revised 716
Code. 717

       (C) Agreements under this section shall contain provisions to 718
the effect that: 719

       (1) The institution shall submit to the ~~Ohio board of regents~~ 720
chancellor accountings for the expenditure of state payments in 721
the manner and at the times as are requested for state-assisted 722
institutions of higher education pursuant to division (A) of 723
section 3333.07 of the Revised Code. 724

       (2) The institution shall notify the ~~Ohio board of regents~~ 725
chancellor in the manner provided for state-assisted institutions 726
under division (D) of section 3333.07 of the Revised Code with 727
regard to program recommendations by the ~~Ohio board of regents~~ 728
chancellor in the nature of those provided for in divisions (F) 729
and (G) of section 3333.04 of the Revised Code. 730

       (3) The agreement shall terminate if the institution ceases 731
to be a qualified institution of higher education as determined by 732
the ~~Ohio board of regents~~chancellor in accordance with Chapter 733
119. of the Revised Code. 734

       (D) Agreements under this section may make further provision 735
for any one or more of the following as the parties determine: 736

       (1) The duration of any such agreement, or additional 737
provision for terminating the agreement; 738

       (2) Additional conditions for the effectiveness or continued 739
effectiveness of such agreement; 740

       (3) Procedures for the amendment or supplementation of the 741
agreement, including designation of the parties to approve or 742
execute such amendments or supplements; 743

       (4) Such other provisions as may be deemed necessary or 744
appropriate. 745

       (E) In case any provision or part of this section or any 746
provision, agreement, covenant, stipulation, obligation, act or 747
action, or part thereof, made, assumed, or taken under or pursuant 748
to this section, or any application thereof, is for any reason 749
held to be illegal or invalid, such illegality or invalidity shall 750
not affect the remainder thereof or any other provision of this 751
section or any other provision, agreement, covenant, stipulation, 752
obligation, action, or part thereof, made, assumed, or taken under 753
or pursuant to this section, which shall be construed and enforced 754
as if such illegal or invalid portion were not contained therein, 755
nor shall such illegality or invalidity of any application thereof 756
affect any legal and valid application thereof, and each such 757
provision, agreement, covenant, stipulation, obligation, act, or 758
action, or part thereof, shall be deemed to be effective, 759
operative, made, done, or entered into in the manner and to the 760
full extent permitted by law to accomplish most nearly the 761
intention thereof. 762

       (F) No agreement shall be entered into under this section 763
with any institution which is not in compliance with section 764
3333.11 of the Revised Code. 765

       Sec. 3333.11. Each school or college of medicine supported 766
in whole or in part by the state shall create a curriculum for and 767
maintain a department of family practice, the purpose of which 768
shall be to acquaint undergraduates with and to train postgraduate 769
physicians for the practice of family medicine. The minimum 770
requirements for the department shall include courses of study in 771
family care, including clinical experience, a program of 772
preceptorships, and a program of family practice residencies in 773
university or other hospital settings. 774

       Each program of family practice shall: 775

       (A) Be designated to advance the field of family practice; 776

       (B) Educate all medical students in family practice and 777
encourage students to enter it as a career; 778

       (C) Provide students an opportunity to study family practice 779
in various situations through preceptorships, seminars, model 780
family practice units within the medical school, classroom work, 781
hospital programs, or other means; 782

       (D) Develop residency and other training programs for family 783
practice in public and private hospitals, including those in 784
nonmetropolitan areas of the state; 785

       (E) The department shall be a full department co-equal with 786
all other major clinical departments and headed by a qualified 787
experienced family practitioner serving as ~~chairman~~chairperson of 788
the department of family practice and director of the family 789
practice residency program. 790

       Funds appropriated by the general assembly in support of 791
family practice programs shall not be disbursed until the 792
chancellor of the Ohio board of regents has certified that the 793
intent and requirements of this section are being met. 794

       Sec. 3333.12. (A) As used in this section: 795

       (1) "Eligible student" means an undergraduate student who is: 796

       (a) An Ohio resident enrolled in an undergraduate program 797
before the 2006-2007 academic year; 798

       (b) Enrolled in either of the following: 799

       (i) An accredited institution of higher education in this 800
state that meets the requirements of Title VI of the Civil Rights 801
Act of 1964 and is state-assisted, is nonprofit and has a 802
certificate of authorization ~~from the Ohio board of regents~~ 803
pursuant to Chapter 1713. of the Revised Code, has a certificate 804
of registration from the state board of career colleges and 805
schools and program authorization to award an associate or 806
bachelor's degree, or is a private institution exempt from 807
regulation under Chapter 3332. of the Revised Code as prescribed 808
in section 3333.046 of the Revised Code. Students who attend an 809
institution that holds a certificate of registration shall be 810
enrolled in a program leading to an associate or bachelor's degree 811
for which associate or bachelor's degree program the institution 812
has program authorization issued under section 3332.05 of the 813
Revised Code. 814

       (ii) A technical education program of at least two years 815
duration sponsored by a private institution of higher education in 816
this state that meets the requirements of Title VI of the Civil 817
Rights Act of 1964. 818

       (c) Enrolled as a full-time student or enrolled as a less 819
than full-time student for the term expected to be the student's 820
final term of enrollment and is enrolled for the number of credit 821
hours necessary to complete the requirements of the program in 822
which the student is enrolled. 823

       (2) "Gross income" includes all taxable and nontaxable income 824
of the parents, the student, and the student's spouse, except 825
income derived from an Ohio academic scholarship, income earned by 826
the student between the last day of the spring term and the first 827
day of the fall term, and other income exclusions designated by 828
the chancellor of the Ohio board of regents. Gross income may be 829
verified to the ~~board~~chancellor by the institution in which the 830
student is enrolled using the federal financial aid eligibility 831
verification process or by other means satisfactory to the ~~board~~ 832
chancellor. 833

       (3) "Resident," "full-time student," "dependent," 834
"financially independent," and "accredited" shall be defined by 835
rules adopted by the ~~board~~chancellor. 836

       (B) The ~~Ohio board of regents~~chancellor shall establish and 837
administer an instructional grant program and may adopt rules to 838
carry out this section. The general assembly shall support the 839
instructional grant program by such sums and in such manner as it 840
may provide, but the ~~board~~chancellor may also receive funds from 841
other sources to support the program. If the amounts available for 842
support of the program are inadequate to provide grants to all 843
eligible students, preference in the payment of grants shall be 844
given in terms of income, beginning with the lowest income 845
category of gross income and proceeding upward by category to the 846
highest gross income category. 847

       An instructional grant shall be paid to an eligible student 848
through the institution in which the student is enrolled, except 849
that no instructional grant shall be paid to any person serving a 850
term of imprisonment. Applications for such grants shall be made 851
as prescribed by the ~~board~~chancellor, and such applications may 852
be made in conjunction with and upon the basis of information 853
provided in conjunction with student assistance programs funded by 854
agencies of the United States government or from financial 855
resources of the institution of higher education. The institution 856
shall certify that the student applicant meets the requirements 857
set forth in divisions (A)(1)(b) and (c) of this section. 858
Instructional grants shall be provided to an eligible student only 859
as long as the student is making appropriate progress toward a 860
nursing diploma or an associate or bachelor's degree. No student 861
shall be eligible to receive a grant for more than ten semesters, 862
fifteen quarters, or the equivalent of five academic years. A 863
grant made to an eligible student on the basis of less than 864
full-time enrollment shall be based on the number of credit hours 865
for which the student is enrolled and shall be computed in 866
accordance with a formula adopted by the ~~board~~chancellor. No 867
student shall receive more than one grant on the basis of less 868
than full-time enrollment. 869

       An instructional grant shall not exceed the total 870
instructional and general charges of the institution. 871

       (C) The tables in this division prescribe the maximum grant 872
amounts covering two semesters, three quarters, or a comparable 873
portion of one academic year. Grant amounts for additional terms 874
in the same academic year shall be determined under division (D) 875
of this section. 876

       For a full-time student who is a dependent and enrolled in a 877
nonprofit educational institution that is not a state-assisted 878
institution and that has a certificate of authorization issued 879
pursuant to Chapter 1713. of the Revised Code, the amount of the 880
instructional grant for two semesters, three quarters, or a 881
comparable portion of the academic year shall be determined in 882
accordance with the following table: 883

Private Institution 884

Table of Grants 885

Maximum Grant $5,466 886

Gross Income Number of Dependents 887

1 2 3 4 5 or more 888

$0 - $15,000 $5,466 $5,466 $5,466 $5,466 $5,466 889

$15,001 - $16,000 4,920 5,466 5,466 5,466 5,466 890

$16,001 - $17,000 4,362 4,920 5,466 5,466 5,466 891

$17,001 - $18,000 3,828 4,362 4,920 5,466 5,466 892

$18,001 - $19,000 3,288 3,828 4,362 4,920 5,466 893

$19,001 - $22,000 2,736 3,288 3,828 4,362 4,920 894

$22,001 - $25,000 2,178 2,736 3,288 3,828 4,362 895

$25,001 - $28,000 1,626 2,178 2,736 3,288 3,828 896

$28,001 - $31,000 1,344 1,626 2,178 2,736 3,288 897

$31,001 - $32,000 1,080 1,344 1,626 2,178 2,736 898

$32,001 - $33,000 984 1,080 1,344 1,626 2,178 899

$33,001 - $34,000 888 984 1,080 1,344 1,626 900

$34,001 - $35,000 444 888 984 1,080 1,344 901

$35,001 - $36,000 -- 444 888 984 1,080 902

$36,001 - $37,000 -- -- 444 888 984 903

$37,001 - $38,000 -- -- -- 444 888 904
$38,001 - $39,000 -- -- -- -- 444 905

       For a full-time student who is financially independent and 906
enrolled in a nonprofit educational institution that is not a 907
state-assisted institution and that has a certificate of 908
authorization issued pursuant to Chapter 1713. of the Revised 909
Code, the amount of the instructional grant for two semesters, 910
three quarters, or a comparable portion of the academic year shall 911
be determined in accordance with the following table: 912

Private Institution 913

Table of Grants 914

Maximum Grant $5,466 915

Gross Income Number of Dependents 916

0 1 2 3 4 5 or more 917

$0 - $4,800 $5,466 $5,466 $5,466 $5,466 $5,466 $5,466 918

$4,801 - $5,300 4,920 5,466 5,466 5,466 5,466 5,466 919

$5,301 - $5,800 4,362 5,196 5,466 5,466 5,466 5,466 920

$5,801 - $6,300 3,828 4,914 5,196 5,466 5,466 5,466 921

$6,301 - $6,800 3,288 4,650 4,914 5,196 5,466 5,466 922

$6,801 - $7,300 2,736 4,380 4,650 4,914 5,196 5,466 923

$7,301 - $8,300 2,178 4,104 4,380 4,650 4,914 5,196 924

$8,301 - $9,300 1,626 3,822 4,104 4,380 4,650 4,914 925

$9,301 - $10,300 1,344 3,546 3,822 4,104 4,380 4,650 926

$10,301 - $11,800 1,080 3,408 3,546 3,822 4,104 4,380 927

$11,801 - $13,300 984 3,276 3,408 3,546 3,822 4,104 928

$13,301 - $14,800 888 3,228 3,276 3,408 3,546 3,822 929

$14,801 - $16,300 444 2,904 3,228 3,276 3,408 3,546 930

$16,301 - $19,300 -- 2,136 2,628 2,952 3,276 3,408 931

$19,301 - $22,300 -- 1,368 1,866 2,358 2,676 3,000 932

$22,301 - $25,300 -- 1,092 1,368 1,866 2,358 2,676 933

$25,301 - $30,300 -- 816 1,092 1,368 1,866 2,358 934

$30,301 - $35,300 -- 492 540 672 816 1,314 935

       For a full-time student who is a dependent and enrolled in an 936
educational institution that holds a certificate of registration 937
from the state board of career colleges and schools or a private 938
institution exempt from regulation under Chapter 3332. of the 939
Revised Code as prescribed in section 3333.046 of the Revised 940
Code, the amount of the instructional grant for two semesters, 941
three quarters, or a comparable portion of the academic year shall 942
be determined in accordance with the following table: 943

Career Institution 944

Table of Grants 945

Maximum Grant $4,632 946

Gross Income Number of Dependents 947

1 2 3 4 5 or more 948

$0 - $15,000 $4,632 $4,632 $4,632 $4,632 $4,632 949

$15,001 - $16,000 4,182 4,632 4,632 4,632 4,632 950

$16,001 - $17,000 3,684 4,182 4,632 4,632 4,632 951

$17,001 - $18,000 3,222 3,684 4,182 4,632 4,632 952

$18,001 - $19,000 2,790 3,222 3,684 4,182 4,632 953

$19,001 - $22,000 2,292 2,790 3,222 3,684 4,182 954

$22,001 - $25,000 1,854 2,292 2,790 3,222 3,684 955

$25,001 - $28,000 1,416 1,854 2,292 2,790 3,222 956

$28,001 - $31,000 1,134 1,416 1,854 2,292 2,790 957

$31,001 - $32,000 906 1,134 1,416 1,854 2,292 958

$32,001 - $33,000 852 906 1,134 1,416 1,854 959

$33,001 - $34,000 750 852 906 1,134 1,416 960

$34,001 - $35,000 372 750 852 906 1,134 961

$35,001 - $36,000 -- 372 750 852 906 962

$36,001 - $37,000 -- -- 372 750 852 963

$37,001 - $38,000 -- -- -- 372 750 964

$38,001 - $39,000 -- -- -- -- 372 965

       For a full-time student who is financially independent and 966
enrolled in an educational institution that holds a certificate of 967
registration from the state board of career colleges and schools 968
or a private institution exempt from regulation under Chapter 969
3332. of the Revised Code as prescribed in section 3333.046 of the 970
Revised Code, the amount of the instructional grant for two 971
semesters, three quarters, or a comparable portion of the academic 972
year shall be determined in accordance with the following table: 973

Career Institution 974

Table of Grants 975

Maximum Grant $4,632 976

Gross Income Number of Dependents 977

0 1 2 3 4 5 or more 978

$0 - $4,800 $4,632 $4,632 $4,632 $4,632 $4,632 $4,632 979

$4,801 - $5,300 4,182 4,632 4,632 4,632 4,632 4,632 980

$5,301 - $5,800 3,684 4,410 4,632 4,632 4,632 4,632 981

$5,801 - $6,300 3,222 4,158 4,410 4,632 4,632 4,632 982

$6,301 - $6,800 2,790 3,930 4,158 4,410 4,632 4,632 983

$6,801 - $7,300 2,292 3,714 3,930 4,158 4,410 4,632 984

$7,301 - $8,300 1,854 3,462 3,714 3,930 4,158 4,410 985

$8,301 - $9,300 1,416 3,246 3,462 3,714 3,930 4,158 986

$9,301 - $10,300 1,134 3,024 3,246 3,462 3,714 3,930 987

$10,301 - $11,800 906 2,886 3,024 3,246 3,462 3,714 988

$11,801 - $13,300 852 2,772 2,886 3,024 3,246 3,462 989

$13,301 - $14,800 750 2,742 2,772 2,886 3,024 3,246 990

$14,801 - $16,300 372 2,466 2,742 2,772 2,886 3,024 991

$16,301 - $19,300 -- 1,800 2,220 2,520 2,772 2,886 992

$19,301 - $22,300 -- 1,146 1,584 1,986 2,268 2,544 993

$22,301 - $25,300 -- 930 1,146 1,584 1,986 2,268 994

$25,301 - $30,300 -- 708 930 1,146 1,584 1,986 995

$30,301 - $35,300 -- 426 456 570 708 1,116 996

       For a full-time student who is a dependent and enrolled in a 997
state-assisted educational institution, the amount of the 998
instructional grant for two semesters, three quarters, or a 999
comparable portion of the academic year shall be determined in 1000
accordance with the following table: 1001

Public Institution 1002

Table of Grants 1003

Maximum Grant $2,190 1004

Gross Income Number of Dependents 1005

1 2 3 4 5 or more 1006

$0 - $15,000 $2,190 $2,190 $2,190 $2,190 $2,190 1007

$15,001 - $16,000 1,974 2,190 2,190 2,190 2,190 1008

$16,001 - $17,000 1,740 1,974 2,190 2,190 2,190 1009

$17,001 - $18,000 1,542 1,740 1,974 2,190 2,190 1010

$18,001 - $19,000 1,320 1,542 1,740 1,974 2,190 1011

$19,001 - $22,000 1,080 1,320 1,542 1,740 1,974 1012

$22,001 - $25,000 864 1,080 1,320 1,542 1,740 1013

$25,001 - $28,000 648 864 1,080 1,320 1,542 1014

$28,001 - $31,000 522 648 864 1,080 1,320 1015

$31,001 - $32,000 420 522 648 864 1,080 1016

$32,001 - $33,000 384 420 522 648 864 1017

$33,001 - $34,000 354 384 420 522 648 1018

$34,001 - $35,000 174 354 384 420 522 1019

$35,001 - $36,000 -- 174 354 384 420 1020

$36,001 - $37,000 -- -- 174 354 384 1021

$37,001 - $38,000 -- -- -- 174 354 1022

$38,001 - $39,000 -- -- -- -- 174 1023

       For a full-time student who is financially independent and 1024
enrolled in a state-assisted educational institution, the amount 1025
of the instructional grant for two semesters, three quarters, or a 1026
comparable portion of the academic year shall be determined in 1027
accordance with the following table: 1028

Public Institution 1029

Table of Grants 1030

Maximum Grant $2,190 1031

Gross Income Number of Dependents 1032

0 1 2 3 4 5 or more 1033

$0 - $4,800 $2,190 $2,190 $2,190 $2,190 $2,190 $2,190 1034
$4,801 - $5,300 1,974 2,190 2,190 2,190 2,190 2,190 1035
$5,301 - $5,800 1,740 2,082 2,190 2,190 2,190 2,190 1036
$5,801 - $6,300 1,542 1,968 2,082 2,190 2,190 2,190 1037
$6,301 - $6,800 1,320 1,866 1,968 2,082 2,190 2,190 1038
$6,801 - $7,300 1,080 1,758 1,866 1,968 2,082 2,190 1039
$7,301 - $8,300 864 1,638 1,758 1,866 1,968 2,082 1040
$8,301 - $9,300 648 1,530 1,638 1,758 1,866 1,968 1041
$9,301 - $10,300 522 1,422 1,530 1,638 1,758 1,866 1042
$10,301 - $11,800 420 1,356 1,422 1,530 1,638 1,758 1043
$11,801 - $13,300 384 1,308 1,356 1,422 1,530 1,638 1044
$13,301 - $14,800 354 1,290 1,308 1,356 1,422 1,530 1045
$14,801 - $16,300 174 1,164 1,290 1,308 1,356 1,422 1046
$16,301 - $19,300 -- 858 1,050 1,182 1,308 1,356 1047
$19,301 - $22,300 -- 540 750 948 1,062 1,200 1048
$22,301 - $25,300 -- 432 540 750 948 1,062 1049
$25,301 - $30,300 -- 324 432 540 750 948 1050
$30,301 - $35,300 -- 192 210 264 324 522 1051

       (D) For a full-time student enrolled in an eligible 1052
institution for a semester or quarter in addition to the portion 1053
of the academic year covered by a grant determined under division 1054
(C) of this section, the maximum grant amount shall be a 1055
percentage of the maximum prescribed in the applicable table of 1056
that division. The maximum grant for a fourth quarter shall be 1057
one-third of the maximum amount prescribed under that division. 1058
The maximum grant for a third semester shall be one-half of the 1059
maximum amount prescribed under that division. 1060

       (E) No grant shall be made to any student in a course of 1061
study in theology, religion, or other field of preparation for a 1062
religious profession unless such course of study leads to an 1063
accredited bachelor of arts, bachelor of science, associate of 1064
arts, or associate of science degree. 1065

       (F)(1) Except as provided in division (F)(2) of this section, 1066
no grant shall be made to any student for enrollment during a 1067
fiscal year in an institution with a cohort default rate 1068
determined by the United States secretary of education pursuant to 1069
the "Higher Education Amendments of 1986," 100 Stat. 1278, 1408, 1070
20 U.S.C.A. 1085, as amended, as of the fifteenth day of June 1071
preceding the fiscal year, equal to or greater than thirty per 1072
cent for each of the preceding two fiscal years. 1073

       (2) Division (F)(1) of this section does not apply to the 1074
following: 1075

       (a) Any student enrolled in an institution that under the 1076
federal law appeals its loss of eligibility for federal financial 1077
aid and the United States secretary of education determines its 1078
cohort default rate after recalculation is lower than the rate 1079
specified in division (F)(1) of this section or the secretary 1080
determines due to mitigating circumstances the institution may 1081
continue to participate in federal financial aid programs. The 1082
~~board~~chancellor shall adopt rules requiring institutions to 1083
provide information regarding an appeal to the ~~board~~chancellor. 1084

       (b) Any student who has previously received a grant under 1085
this section who meets all other requirements of this section. 1086

       (3) The ~~board~~chancellor shall adopt rules for the 1087
notification of all institutions whose students will be ineligible 1088
to participate in the grant program pursuant to division (F)(1) of 1089
this section. 1090

       (4) A student's attendance at an institution whose students 1091
lose eligibility for grants under division (F)(1) of this section 1092
shall not affect that student's eligibility to receive a grant 1093
when enrolled in another institution. 1094

       (G) Institutions of higher education that enroll students 1095
receiving instructional grants under this section shall report to 1096
the ~~board~~chancellor all students who have received instructional 1097
grants but are no longer eligible for all or part of such grants 1098
and shall refund any moneys due the state within thirty days after 1099
the beginning of the quarter or term immediately following the 1100
quarter or term in which the student was no longer eligible to 1101
receive all or part of the student's grant. There shall be an 1102
interest charge of one per cent per month on all moneys due and 1103
payable after such thirty-day period. The ~~board~~chancellor shall 1104
immediately notify the office of budget and management and the 1105
legislative service commission of all refunds so received. 1106

       Sec. 3333.121. There is hereby established in the state 1107
treasury the state need-based financial aid reconciliation fund, 1108
which shall consist of refunds of instructional grant payments 1109
made pursuant to section 3333.12 of the Revised Code and refunds 1110
of state need-based financial aid payments made pursuant to 1111
section 3333.122 of the Revised Code. Revenues credited to the 1112
fund shall be used by the chancellor of the Ohio board of regents 1113
to pay to higher education institutions any outstanding 1114
obligations from the prior year owed for the Ohio instructional 1115
grant program and the Ohio college opportunity grant program that 1116
are identified through the annual reconciliation and financial 1117
audit. Any amount in the fund that is in excess of the amount 1118
certified to the director of budget and management by the ~~board of~~ 1119
~~regents~~chancellor as necessary to reconcile prior year payments 1120
under the program shall be transferred to the general revenue 1121
fund. 1122

       Sec. 3333.122. (A) As used in this section: 1123

       (1) "Eligible student" means a student who is: 1124

       (a) An Ohio resident who first enrolls in an undergraduate 1125
program in the 2006-2007 academic year or thereafter; 1126

       (b) Enrolled in either of the following: 1127

       (i) An accredited institution of higher education in this 1128
state that meets the requirements of Title VI of the Civil Rights 1129
Act of 1964 and is state-assisted, is nonprofit and has a 1130
certificate of authorization ~~from the Ohio board of regents~~ 1131
pursuant to Chapter 1713. of the Revised Code, has a certificate 1132
of registration from the state board of career colleges and 1133
schools and program authorization to award an associate or 1134
bachelor's degree, or is a private institution exempt from 1135
regulation under Chapter 3332. of the Revised Code as prescribed 1136
in section 3333.046 of the Revised Code. Students who attend an 1137
institution that holds a certificate of registration shall be 1138
enrolled in a program leading to an associate or bachelor's degree 1139
for which associate or bachelor's degree program the institution 1140
has program authorization issued under section 3332.05 of the 1141
Revised Code. 1142

       (ii) A technical education program of at least two years 1143
duration sponsored by a private institution of higher education in 1144
this state that meets the requirements of Title VI of the Civil 1145
Rights Act of 1964. 1146

       (2) A student who participated in either the early college 1147
high school program administered by the department of education or 1148
in the post-secondary enrollment options program pursuant to 1149
Chapter 3365. of the Revised Code before the 2006-2007 academic 1150
year shall not be excluded from eligibility for a ~~need based~~ 1151
needs-based financial aid grant under this section. 1152

       (3) "Resident," "expected family contribution" or "EFC," 1153
"full-time student," "three-quarters-time student," "half-time 1154
student," "one-quarter-time student," and "accredited" shall be 1155
defined by rules adopted by the chancellor of the Ohio board of 1156
regents. 1157

       (B) The ~~Ohio board of regents~~chancellor shall establish and 1158
administer a needs-based financial aid program based on the United 1159
States department of education's method of determining financial 1160
need and may adopt rules to carry out this section. The program 1161
shall be known as the Ohio college opportunity grant program. The 1162
general assembly shall support the needs-based financial aid 1163
program by such sums and in such manner as it may provide, but the 1164
~~board~~chancellor may also receive funds from other sources to 1165
support the program. If the amounts available for support of the 1166
program are inadequate to provide grants to all eligible students, 1167
preference in the payment of grants shall be given in terms of 1168
expected family contribution, beginning with the lowest expected 1169
family contribution category and proceeding upward by category to 1170
the highest expected family contribution category. 1171

       A needs-based financial aid grant shall be paid to an 1172
eligible student through the institution in which the student is 1173
enrolled, except that no needs-based financial aid grant shall be 1174
paid to any person serving a term of imprisonment. Applications 1175
for such grants shall be made as prescribed by the ~~board~~ 1176
chancellor, and such applications may be made in conjunction with 1177
and upon the basis of information provided in conjunction with 1178
student assistance programs funded by agencies of the United 1179
States government or from financial resources of the institution 1180
of higher education. The institution shall certify that the 1181
student applicant meets the requirements set forth in divisions 1182
(A)(1)(a) and (b) of this section. Needs-based financial aid 1183
grants shall be provided to an eligible student only as long as 1184
the student is making appropriate progress toward a nursing 1185
diploma or an associate or bachelor's degree. No student shall be 1186
eligible to receive a grant for more than ten semesters, fifteen 1187
quarters, or the equivalent of five academic years. A grant made 1188
to an eligible student on the basis of less than full-time 1189
enrollment shall be based on the number of credit hours for which 1190
the student is enrolled and shall be computed in accordance with a 1191
formula adopted by the ~~board~~chancellor. No student shall receive 1192
more than one grant on the basis of less than full-time 1193
enrollment. 1194

       A needs-based financial aid grant shall not exceed the total 1195
instructional and general charges of the institution. 1196

       (C) The tables in this division prescribe the maximum grant 1197
amounts covering two semesters, three quarters, or a comparable 1198
portion of one academic year. Grant amounts for additional terms 1199
in the same academic year shall be determined under division (D) 1200
of this section. 1201

       As used in the tables in division (C) of this section: 1202

        (1) "Private institution" means an institution that is 1203
nonprofit and has a certificate of authorization ~~from the Ohio~~ 1204
~~board of regents~~ pursuant to Chapter 1713. of the Revised Code. 1205

        (2) "Career college" means either an institution that holds a 1206
certificate of registration from the state board of career 1207
colleges and schools or a private institution exempt from 1208
regulation under Chapter 3332. of the Revised Code as prescribed 1209
in section 3333.046 of the Revised Code. 1210

       Full-time students shall be eligible to receive awards 1211
according to the following table: 1212

Full-Time Enrollment 1213

If the EFC is equal to or greater than: And if the EFC is no more than: If the student attends a public institution, the annual award shall be: If the student attends a private institution, the annual award shall be: If the student attends a career college, the annual award shall be: 1214

$2,101 $2,190 $300 $600 $480 1215

2,001 2,100 402 798 642 1216

1,901 2,000 498 1,002 798 1217

1,801 1,900 600 1,200 960 1218

1,701 1,800 702 1,398 1,122 1219

1,601 1,700 798 1,602 1,278 1220

1,501 1,600 900 1,800 1,440 1221

1,401 1,500 1,002 1,998 1,602 1222

1,301 1,400 1,098 2,202 1,758 1223

1,201 1,300 1,200 2,400 1,920 1224

1,101 1,200 1,302 2,598 2,082 1225

1,001 1,100 1,398 2,802 2,238 1226

901 1,000 1,500 3,000 2,400 1227

801 900 1,602 3,198 2,562 1228

701 800 1,698 3,402 2,718 1229

601 700 1,800 3,600 2,280 1230
501 600 1,902 3,798 3,042 1231
401 500 1,998 4,002 3,198 1232
301 400 2,100 4,200 3,360 1233
201 300 2,202 4,398 3,522 1234
101 200 2,298 4,602 3,678 1235
1 100 2,400 4,800 3,840 1236
0 0 2,496 4,992 3,996 1237

       Three-quarters-time students shall be eligible to receive 1238
awards according to the following table: 1239

Three-Quarters-Time Enrollment 1240

If the EFC is equal to or greater than: And the EFC is no more than: If the student attends a public institution, the annual award shall be: If the student attends a private institution, the annual award shall be: If the student attends a career college, the annual award shall be: 1241

$2,101 $2,190 $228 $450 $360 1242

2,001 2,100 300 600 480 1243

1,901 2,000 372 750 600 1244

1,801 1,900 450 900 720 1245

1,701 1,800 528 1,050 840 1246

1,601 1,700 600 1,200 960 1247

1,501 1,600 678 1,350 1,080 1248

1,401 1,500 750 1,500 1,200 1249

1,301 1,400 822 1,650 1,320 1250

1,201 1,300 900 1,800 1,440 1251

1,101 1,200 978 1,950 1,560 1252

1,001 1,100 1,050 2,100 1,680 1253

901 1,000 1,128 2,250 1,800 1254

801 900 1,200 2,400 1,920 1255

701 800 1,272 2,550 2,040 1256

601 700 1,350 2,700 2,160 1257
501 600 1,428 2,850 2,280 1258
401 500 1,500 3,000 2,400 1259
301 400 1,578 3,150 2,520 1260
201 300 1,650 3,300 2,640 1261
101 200 1,722 3,450 2,760 1262
1 100 1,800 3,600 2,880 1263
0 0 1,872 3,744 3,000 1264

       Half-time students shall be eligible to receive awards 1265
according to the following table: 1266

Half-Time Enrollment 1267

If the EFC is equal to or greater than: And if the EFC is no more than: If the student attends a public institution, the annual award shall be: If the student attends a private institution, the annual award shall be: If the student attends a career college, the annual award shall be: 1268

$2,101 $2,190 $150 $300 $240 1269

2,001 2,100 204 402 324 1270

1,901 2,000 252 504 402 1271

1,801 1,900 300 600 480 1272

1,701 1,800 354 702 564 1273

1,601 1,700 402 804 642 1274

1,501 1,600 450 900 720 1275

1,401 1,500 504 1,002 804 1276

1,301 1,400 552 1,104 882 1277

1,201 1,300 600 1,200 960 1278

1,101 1,200 654 1,302 1,044 1279

1,001 1,100 702 1,404 1,122 1280

901 1,000 750 1,500 1,200 1281

801 900 804 1,602 1,284 1282

701 800 852 1,704 1,362 1283

601 700 900 1,800 1,440 1284
501 600 954 1,902 1,524 1285
401 500 1,002 2,004 1,602 1286
301 400 1,050 2,100 1,680 1287
201 300 1,104 2,202 1,764 1288
101 200 1,152 2,304 1,842 1289
1 100 1,200 2,400 1,920 1290
0 0 1,248 2,496 1,998 1291

       One-quarter-time students shall be eligible to receive awards 1292
according to the following table: 1293

One-Quarter-Time Enrollment 1294

If the EFC is equal to or greater than: And if the EFC is no more than: If the student attends a public institution, the annual award shall be: If the student attends a private institution, the annual award shall be: If the student attends a career college, the annual award shall be: 1295

$2,101 $2,190 $78 $150 $120 1296

2,001 2,100 102 198 162 1297

1,901 2,000 126 252 198 1298

1,801 1,900 150 300 240 1299

1,701 1,800 174 348 282 1300

1,601 1,700 198 402 318 1301

1,501 1,600 228 450 360 1302

1,401 1,500 252 498 402 1303

1,301 1,400 276 552 438 1304

1,201 1,300 300 600 480 1305

1,101 1,200 324 648 522 1306

1,001 1,100 348 702 558 1307

901 1,000 378 750 600 1308

801 900 402 798 642 1309

701 800 426 852 678 1310

601 700 450 900 720 1311
501 600 474 948 762 1312
401 500 498 1,002 798 1313
301 400 528 1,050 840 1314
201 300 552 1,098 882 1315
101 200 576 1,152 918 1316
1 100 600 1,200 960 1317
0 0 624 1,248 1,002 1318

       (D) For a full-time student enrolled in an eligible 1319
institution for a semester or quarter in addition to the portion 1320
of the academic year covered by a grant determined under division 1321
(C) of this section, the maximum grant amount shall be a 1322
percentage of the maximum prescribed in the applicable table of 1323
that division. The maximum grant for a fourth quarter shall be 1324
one-third of the maximum amount prescribed under that division. 1325
The maximum grant for a third semester shall be one-half of the 1326
maximum amount prescribed under that division. 1327

       (E) No grant shall be made to any student in a course of 1328
study in theology, religion, or other field of preparation for a 1329
religious profession unless such course of study leads to an 1330
accredited bachelor of arts, bachelor of science, associate of 1331
arts, or associate of science degree. 1332

       (F)(1) Except as provided in division (F)(2) of this section, 1333
no grant shall be made to any student for enrollment during a 1334
fiscal year in an institution with a cohort default rate 1335
determined by the United States secretary of education pursuant to 1336
the "Higher Education Amendments of 1986," 100 Stat. 1278, 1408, 1337
20 U.S.C.A. 1085, as amended, as of the fifteenth day of June 1338
preceding the fiscal year, equal to or greater than thirty per 1339
cent for each of the preceding two fiscal years. 1340

       (2) Division (F)(1) of this section does not apply to the 1341
following: 1342

       (a) Any student enrolled in an institution that under the 1343
federal law appeals its loss of eligibility for federal financial 1344
aid and the United States secretary of education determines its 1345
cohort default rate after recalculation is lower than the rate 1346
specified in division (F)(1) of this section or the secretary 1347
determines due to mitigating circumstances the institution may 1348
continue to participate in federal financial aid programs. The 1349
~~board~~chancellor shall adopt rules requiring institutions to 1350
provide information regarding an appeal to the ~~board~~chancellor. 1351

       (b) Any student who has previously received a grant under 1352
this section who meets all other requirements of this section. 1353

       (3) The ~~board~~chancellor shall adopt rules for the 1354
notification of all institutions whose students will be ineligible 1355
to participate in the grant program pursuant to division (F)(1) of 1356
this section. 1357

       (4) A student's attendance at an institution whose students 1358
lose eligibility for grants under division (F)(1) of this section 1359
shall not affect that student's eligibility to receive a grant 1360
when enrolled in another institution. 1361

       (G) Institutions of higher education that enroll students 1362
receiving needs-based financial aid grants under this section 1363
shall report to the ~~board~~chancellor all students who have 1364
received needs-based financial aid grants but are no longer 1365
eligible for all or part of such grants and shall refund any 1366
moneys due the state within thirty days after the beginning of the 1367
quarter or term immediately following the quarter or term in which 1368
the student was no longer eligible to receive all or part of the 1369
student's grant. There shall be an interest charge of one per cent 1370
per month on all moneys due and payable after such thirty-day 1371
period. The ~~board~~chancellor shall immediately notify the office 1372
of budget and management and the legislative service commission of 1373
all refunds so received. 1374

       Sec. 3333.123. (A) As used in this section: 1375

        (1) "The Ohio college opportunity grant program" means the 1376
program established under section 3333.122 of the Revised Code. 1377

        (2) "Rules for the Ohio college opportunity grant program" 1378
means the rules authorized in division (S) of section 3333.04 of 1379
the Revised Code for the implementation of the program. 1380

        (B) In adopting rules for the Ohio college opportunity grant 1381
program, the chancellor of the Ohio board of regents may include 1382
provisions that give preferential or priority funding to 1383
low-income students who in their primary and secondary school work 1384
participate in or complete rigorous academic coursework, attain 1385
passing scores on the tests prescribed in section 3301.0710 of the 1386
Revised Code, or meet other high academic performance standards 1387
determined by the ~~board~~chancellor to reduce the need for 1388
remediation and ensure academic success at the postsecondary 1389
education level. Any such rules shall include a specification of 1390
procedures needed to certify student achievement of primary and 1391
secondary standards as well as the timeline for implementation of 1392
the provisions authorized by this section. 1393

       Sec. 3333.13. (A) Money appropriated to the chancellor of 1394
the Ohio board of regents for the purposes of this division shall 1395
be paid at the times and in the amounts necessary to meet all 1396
payments required to be made by the ~~board~~chancellor to the Ohio 1397
public facilities commission pursuant to leases or agreements made 1398
under division (B) of section 154.21 of the Revised Code, as 1399
certified under division (C) of this section, including 1400
supplements to such certifications. 1401

       (B) The ~~board~~chancellor shall include in ~~its~~the estimate of 1402
proposed expenses submitted pursuant to section 126.02 of the 1403
Revised Code the estimated amounts of all such payments to be made 1404
by itthe chancellor. The ~~board~~chancellor shall include the 1405
estimated amounts of all such payments to be made by itthe 1406
chancellor in recommendations for appropriation required by 1407
division (J) of section 3333.04 of the Revised Code. The director 1408
of budget and management shall include in the state budget 1409
estimates provided for in section 126.02 of the Revised Code the 1410
estimated amount of all such payments to be made during the next 1411
biennium, and this amount shall be included in the state budget to 1412
be submitted by the governor to the general assembly pursuant to 1413
section 107.03 of the Revised Code. 1414

       (C) On the first day of July of each year, or as soon 1415
thereafter as is practicable, the chancellor or a vice-chancellor 1416
~~of the board~~ shall certify to the director the payments contracted 1417
to be made, during the period of the then current appropriations 1418
made for the purposes of division (A) of this section, to the 1419
commission by the ~~board~~chancellor pursuant to leases and 1420
agreements made under division (B) of section 154.21 of the 1421
Revised Code. The certification shall state the amounts and dates 1422
of payment required therefor and the amounts to be credited 1423
pursuant to such leases and agreements to the higher education 1424
bond service trust fund and other special funds established 1425
pursuant to Chapter 154. of the Revised Code. If the director 1426
finds such certification to be correct, the director shall 1427
promptly add the director's certification thereto and submit it to 1428
the treasurer of state. Such annual certification shall be 1429
supplemented in similar manner upon the execution of each new 1430
lease or agreement, any supplement to an existing lease or 1431
agreement, or any amendment thereof, affecting the amounts of 1432
those payments. 1433

       Sec. 3333.14. Effective July 1, 1971, all public post high 1434
school technical education programs shall be operated by technical 1435
colleges, community colleges, university branches, state colleges, 1436
state-affiliated universities and state universities. Subject to 1437
rules and regulations adopted by the chancellor of the Ohio board 1438
of regents, the board of trustees or directors of one of the above 1439
such institutions shall adopt a plan of transition governing each 1440
public post high school technical education program not 1441
specifically identified or included in this section which is 1442
located in the geographic region of such institution as defined by 1443
the ~~board of regents~~chancellor. The plan of transition shall 1444
provide for the dissolution of such technical education programs 1445
either by transfer of a program's lands, buildings, and equipment 1446
to one of the above such institutions or by complete termination 1447
of the technical education program. 1448

       Sec. 3333.15. If the board of trustees of a state university 1449
fails to undertake appropriate action to establish a university 1450
branch campus within one year from the enactment of a capital 1451
improvement appropriation for the development of such university 1452
branch facility, the chancellor of the Ohio board of regents may 1453
act as itthe chancellor deems necessary in place of the board of 1454
trustees, including securing the release of construction planning 1455
and construction contract funds from the state controlling board. 1456
If the ~~board of regents~~chancellor takes action to plan and 1457
construct a university branch in accordance with this section, the 1458
officers and staff of such university shall perform all necessary 1459
functions incident to the planning and construction of such 1460
university branch as directed by the ~~board of regents~~chancellor. 1461

       Sec. 3333.16. As used in this section "state institution of 1462
higher education" means an institution of higher education as 1463
defined in section 3345.12 of the Revised Code. 1464

       (A) ~~By April 15, 2005,~~The chancellor of the Ohio board of 1465
regents shall do all of the following: 1466

       (1) Establish policies and procedures applicable to all state 1467
institutions of higher education that ensure that students can 1468
begin higher education at any state institution of higher 1469
education and transfer coursework and degrees to any other state 1470
institution of higher education without unnecessary duplication or 1471
institutional barriers. The purpose of this requirement is to 1472
allow students to attain their highest educational aspirations in 1473
the most efficient and effective manner for the students and the 1474
state. These policies and procedures shall require state 1475
institutions of higher education to make changes or modifications, 1476
as needed, to strengthen course content so as to ensure 1477
equivalency for that course at any state institution of higher 1478
education. 1479

       (2) Develop and implement a universal course equivalency 1480
classification system for state institutions of higher education 1481
so that the transfer of students and the transfer and articulation 1482
of equivalent courses or specified learning modules or units 1483
completed by students are not inhibited by inconsistent judgment 1484
about the application of transfer credits. Coursework completed 1485
within such a system at one state institution of higher education 1486
and transferred to another institution shall be applied to the 1487
student's degree objective in the same manner as equivalent 1488
coursework completed at the receiving institution. 1489

       (3) Develop a system of transfer policies that ensure that 1490
graduates with associate degrees which include completion of 1491
approved transfer modules shall be admitted to a state institution 1492
of higher education, shall be able to compete for admission to 1493
specific programs on the same basis as students native to the 1494
institution, and shall have priority over out-of-state associate 1495
degree graduates and transfer students. To assist a student in 1496
advising and transferring, all state institutions of higher 1497
education shall fully implement the course applicability system. 1498

       (4) Examine the feasibility of developing a transfer 1499
marketing agenda that includes materials and interactive 1500
technology to inform the citizens of Ohio about the availability 1501
of transfer options at state institutions of higher education and 1502
to encourage adults to return to colleges and universities for 1503
additional education; 1504

        (5) Study, in consultation with the state board of career 1505
colleges and schools, and in light of existing criteria and any 1506
other criteria developed by the articulation and transfer advisory 1507
council, the feasibility of credit recognition and transferability 1508
to state institutions of higher education for graduates who have 1509
received associate degrees from a career college or school with a 1510
certificate of registration from the state board of career 1511
colleges and schools under Chapter 3332. of the Revised Code. 1512

       (B) ~~By April 15, 2004, the board shall report to the general~~ 1513
~~assembly on its progress in attaining completion of the actions~~ 1514
~~prescribed in division (A) of this section.~~ 1515

       ~~(C)~~ All provisions of the existing articulation and transfer 1516
policy developed by the Ohio board of regents shall remain in 1517
effect except where amended by this ~~act~~section. 1518

       Sec. 3333.161. (A) As used in this section: 1519

       (1) "Articulation agreement" means an agreement between two 1520
or more state institutions of higher education to facilitate the 1521
transfer of students and credits between such institutions. 1522

       (2) "State institution of higher education" and "state 1523
university" have the same meanings as in section 3345.011 of the 1524
Revised Code. 1525

       (3) "Two year college" includes a community college, state 1526
community college, technical college, and university branch. 1527

       (B) ~~Not later than April 15, 2005,~~The chancellor of the Ohio 1528
board of regents shall adopt rules establishing a statewide system 1529
for articulation agreements among state institutions of higher 1530
education for transfer students pursuing teacher education 1531
programs. The rules shall require an articulation agreement 1532
between institutions to include all of the following: 1533

       (1) The development of a transfer module for teacher 1534
education that includes introductory level courses that are 1535
evaluated as appropriate by faculty employed by the state 1536
institutions of higher education that are parties to the 1537
articulation agreement; 1538

       (2) A foundation of general studies courses that have been 1539
identified as part of the transfer module for teacher education 1540
and have been evaluated as appropriate for the preparation of 1541
teachers and consistent with the academic content standards 1542
adopted under section 3301.079 of the Revised Code; 1543

       (3) A clear identification of university faculty who are 1544
partnered with two year college faculty; 1545

       (4) The publication of the articulation agreement that is 1546
available to all students, faculty, and staff. 1547

       Sec. 3333.162. (A) As used in this section, "state 1548
institution of higher education" means an institution of higher 1549
education as defined in section 3345.12 of the Revised Code. 1550

        (B) By April 15, 2007, the chancellor of the Ohio board of 1551
regents, in consultation with the department of education, public 1552
adult and secondary career-technical education institutions, and 1553
state institutions of higher education, shall establish criteria, 1554
policies, and procedures that enable students to transfer agreed 1555
upon technical courses completed through an adult career-technical 1556
education institution, a public secondary career-technical 1557
institution, or a state institution of higher education to a state 1558
institution of higher education without unnecessary duplication or 1559
institutional barriers. The courses to which the criteria, 1560
policies, and procedures apply shall be those that adhere to 1561
recognized industry standards and equivalent coursework common to 1562
the secondary career pathway and adult career-technical education 1563
system and regionally accredited state institutions of higher 1564
education. Where applicable, the policies and procedures shall 1565
build upon the articulation agreement and transfer initiative 1566
course equivalency system required by section 3333.16 of the 1567
Revised Code. 1568

       ~~(C) By April 15, 2006, the board shall report to the general~~ 1569
~~assembly on its progress in establishing these policies and~~ 1570
~~procedures.~~ 1571

       Sec. 3333.17. The chancellor of the Ohio board of regents 1572
may enter into contracts with the appropriate agency in a 1573
contiguous state whereby the agency provides for charging Ohio 1574
residents enrolled in state-assisted post-secondary educational 1575
institutions in the contiguous state, tuition and fees at rates no 1576
higher than the rates charged to students who are residents of 1577
that state, and whereby the ~~Ohio board of regents~~chancellor, as 1578
part of such contracts, may provide that rates for tuition and 1579
fees charged to residents of the contiguous state who are enrolled 1580
in state-assisted post-secondary educational institutions in Ohio 1581
shall not exceed those charged Ohio residents. 1582

       State-assisted post-secondary educational institutions in 1583
Ohio may enter into contracts with appropriate state-assisted 1584
post-secondary educational institutions in a contiguous state 1585
whereby the state-assisted post-secondary educational institution 1586
provides for charging Ohio residents enrolled in the institution 1587
in the contiguous state, tuition and fees at rates no higher than 1588
the rates charged to students who are residents of that state, and 1589
whereby the Ohio state-assisted post-secondary institution, as 1590
part of such contracts, may provide that rates for tuition and 1591
fees charged to residents of the contiguous state who are enrolled 1592
in the state-assisted post-secondary educational institutions in 1593
Ohio shall not exceed those charged Ohio residents. 1594

       The contracts entered into by the ~~board of regents~~chancellor 1595
or a state-assisted post-secondary educational institution may 1596
limit the type of academic program offered at the reciprocal 1597
rates. Residents of contiguous states enrolled in for credit 1598
courses taught at the main campus and identified off-campus sites 1599
at state-assisted post-secondary educational institutions in Ohio 1600
under such contracts shall be included in calculating the number 1601
of full-time equivalent students for state subsidy purposes. The 1602
~~board of regents~~chancellor and each state-assisted post-secondary 1603
educational institution shall periodically assess the costs and 1604
benefits of each such contract and the extent to which parity is 1605
achieved between Ohio and the contiguous state with respect to 1606
students benefiting from the contract. All Ohio state-assisted 1607
post-secondary educational institutions participating in these 1608
contracts shall report enrollments and other information annually 1609
to the ~~Ohio board of regents~~chancellor. No contract shall be 1610
entered into under this section without the approval of the ~~Ohio~~ 1611
~~board of regents~~chancellor. The ~~Ohio board of regents~~chancellor 1612
shall report the status of these contracts to the controlling 1613
board annually. 1614

       Sec. 3333.18. The chancellor of the Ohio board of regents 1615
may enter into contracts with the appropriate agency in a 1616
contiguous state whereby financial aids from the funds of each 1617
state may be used by qualified student recipients to attend 1618
approved post-secondary educational institutions in the other 1619
state. Approved institutions in Ohio are those that are 1620
state-assisted or are nonprofit and have received certificates of 1621
authorization ~~from the Ohio board of regents~~ pursuant to Chapter 1622
1713. of the Revised Code, or are private institutions exempt from 1623
regulation under Chapter 3332. of the Revised Code as prescribed 1624
in section 3333.046 of the Revised Code. Eligible post-secondary 1625
educational institutions in the contiguous state shall be 1626
similarly approved by the appropriate agency of that state. In 1627
formulating and executing such contracts with a contiguous state, 1628
the ~~board~~chancellor shall assure that the total cost to this 1629
state approximates the total cost to the contiguous state. Any 1630
contract entered into under this section shall be subject to the 1631
periodic review of, and approval by, the controlling board. 1632

       Sec. 3333.19. The chancellor of the Ohio board of regents 1633
may enter into agreements with the appropriate agency in a foreign 1634
country or with an agency or organization sponsoring foreign 1635
student exchanges under which the agency or organization ensures 1636
that Ohio residents enrolled in post-secondary educational 1637
institutions in the foreign country will pay tuition and fees at 1638
rates no higher than the rates charged to students who are 1639
residents of that country and under which the ~~board of regents~~ 1640
chancellor provides that rates for tuition and fees charged to a 1641
comparable number of students from the foreign country who are 1642
enrolled in state-assisted institutions of higher education in 1643
Ohio are to be no higher than the rates charged to students who 1644
are Ohio residents. Notwithstanding that an Ohio resident is 1645
enrolled in a post-secondary educational institution in a foreign 1646
country under one of these agreements, any such student who was 1647
previously enrolled in a state-assisted institution shall be 1648
counted as enrolled in such institution for state subsidy purposes 1649
in a manner prescribed by rules the ~~board of regents~~chancellor 1650
shall adopt. 1651

       Sec. 3333.20. (A) ~~On or before September 1, 1993,~~The 1652
chancellor of the Ohio board of regents shall adopt educational 1653
service standards that shall apply to all community colleges, 1654
university branches, technical colleges, and state community 1655
colleges established under Chapters 3354., 3355., 3357., and 3358. 1656
of the Revised Code, respectively. These standards shall provide 1657
for such institutions to offer or demonstrate at least the 1658
following: 1659

       (1) An appropriate range of career or technical programs 1660
designed to prepare individuals for employment in specific careers 1661
at the technical or paraprofessional level; 1662

       (2) Commitment to an effective array of developmental 1663
education services providing opportunities for academic skill 1664
enhancement; 1665

       (3) Partnerships with industry, business, government, and 1666
labor for the retraining of the workforce and the economic 1667
development of the community; 1668

       (4) Noncredit continuing education opportunities; 1669

       (5) College transfer programs or the initial two years of a 1670
baccalaureate degree for students planning to transfer to 1671
institutions offering baccalaureate programs; 1672

       (6) Linkages with high schools to ensure that graduates are 1673
adequately prepared for post-secondary instruction; 1674

       (7) Student access provided according to a convenient 1675
schedule and program quality provided at an affordable price; 1676

       (8) That student fees charged by any institution are as low 1677
as possible, especially if the institution is being supported by a 1678
local tax levy; 1679

       (9) A high level of community involvement in the 1680
decision-making process in such critical areas as course delivery, 1681
range of services, fees and budgets, and administrative personnel. 1682

       (B) The ~~board of regents~~chancellor shall consult with 1683
representatives of state-assisted colleges and universities, as 1684
defined in section 3333.041 of the Revised Code, in developing 1685
appropriate methods for achieving or maintaining the standards 1686
adopted pursuant to division (A) of this section. 1687

       (C) In considering institutions that are co-located, the 1688
~~board of regents~~chancellor shall apply the standards to them in 1689
two manners: 1690

       (1) As a whole entity; 1691

       (2) As separate entities, applying the standards separately 1692
to each. 1693

       When distributing any state funds among institutions based on 1694
the degree to which they meet the standards, the ~~board of regents~~ 1695
chancellor shall provide to institutions that are co-located the 1696
higher amount produced by the two judgments under divisions (C)(1) 1697
and (2) of this section. 1698

       Sec. 3333.21. As used in sections 3333.21 to 3333.23 of the 1699
Revised Code, "term" and "academic year" mean "term" and "academic 1700
year" as defined by the chancellor of the Ohio board of regents. 1701

       The ~~board~~chancellor shall establish and administer an 1702
academic scholarship program. Under the program, a total of one 1703
thousand new scholarships shall be awarded annually in the amount 1704
of not less than two thousand dollars per award. At least one such 1705
new scholarship shall be awarded annually to a student in each 1706
public high school and joint vocational school and each nonpublic 1707
high school for which the state board of education prescribes 1708
minimum standards in accordance with section 3301.07 of the 1709
Revised Code. 1710

       To be eligible for the award of a scholarship, a student 1711
shall be a resident of Ohio and shall be enrolled as a full-time 1712
undergraduate student in an Ohio institution of higher education 1713
that meets the requirements of Title VI of the "Civil Rights Act 1714
of 1964" and is state-assisted, is nonprofit and holds a 1715
certificate of authorization issued under section 1713.02 of the 1716
Revised Code, is a private institution exempt from regulation 1717
under Chapter 3332. of the Revised Code as prescribed in section 1718
3333.046 of the Revised Code, or holds a certificate of 1719
registration and program authorization issued under section 1720
3332.05 of the Revised Code and awards an associate or bachelor's 1721
degree. Students who attend an institution holding a certificate 1722
of registration shall be enrolled in a program leading to an 1723
associate or bachelor's degree for which associate or bachelor's 1724
degree program the institution has program authorization to offer 1725
the program issued under section 3332.05 of the Revised Code. 1726

       "Resident" and "full-time student" shall be defined ~~by board~~ 1727
~~rule~~in rules adopted by the chancellor. 1728

       The ~~board~~chancellor shall award the scholarships on the 1729
basis of a formula designed by itthe chancellor to identify 1730
students with the highest capability for successful college study. 1731
The formula shall weigh the factor of achievement, as measured by 1732
grade point average, and the factor of ability, as measured by 1733
performance on a competitive examination specified by the ~~board~~ 1734
chancellor. Students receiving scholarships shall be known as 1735
"Ohio academic scholars." Annually, not later than the 1736
thirty-first day of July, the ~~board~~chancellor shall report to the 1737
governor and the general assembly on the performance of current 1738
Ohio academic scholars and the effectiveness of ~~its~~the formula. 1739

       Sec. 3333.22. Each Ohio academic scholarship shall be 1740
awarded for an academic year and may be renewed for each of three 1741
additional academic years. The scholarship amount awarded to a 1742
scholar for an academic year shall be not less than two thousand 1743
dollars. A scholarship shall be renewed if the scholar maintains 1744
an academic record satisfactory to the chancellor of the Ohio 1745
board of regents and meets any of the following conditions: 1746

       (A) The scholar is enrolled as a full-time undergraduate; 1747

       (B) The scholar was awarded an undergraduate degree in less 1748
than four academic years and is enrolled as a full-time graduate 1749
or professional student in an Ohio institution of higher education 1750
that meets the requirements of Title VI of the "Civil Rights Act 1751
of 1964" and is state-assisted or is nonprofit and holds a 1752
certificate of authorization issued under section 1713.02 of the 1753
Revised Code; 1754

       (C) The scholar is a full-time student concurrently enrolled 1755
as an undergraduate student and as a graduate or professional 1756
student in an Ohio institution of higher education that meets the 1757
requirements of division (B) of this section. 1758

       Each amount awarded shall be paid in equal installments to 1759
the scholar at the time of enrollment for each term of the 1760
academic year for which the scholarship is awarded or renewed. No 1761
scholar is eligible to receive an Ohio academic scholarship for 1762
more than the equivalent of four academic years. 1763

       If an Ohio academic scholar is temporarily unable to attend 1764
school because of illness or other cause satisfactory to the ~~board~~ 1765
chancellor, the ~~board~~chancellor may grant a leave of absence for 1766
a designated period of time. If a scholar discontinues full-time 1767
attendance at the scholar's school during a term because of 1768
illness or other cause satisfactory to the ~~board~~chancellor, the 1769
scholar may either claim a prorated payment for the period of 1770
actual attendance or waive payment for that term. A term for which 1771
prorated payment is made shall be considered a full term for which 1772
a scholarship was received. A term for which payment is waived 1773
shall not be considered a term for which a scholarship was 1774
received. 1775

       Receipt of an Ohio academic scholarship shall not affect a 1776
scholar's eligibility for the Ohio instructional grant program. 1777

       Sec. 3333.23. At the end of each term, each Ohio academic 1778
scholar shall request the registrar of the school to send a copy 1779
of the scholar's scholastic record to the chancellor of the Ohio 1780
board orof regents. If the scholar's record fails to meet the 1781
standards established by the ~~board~~chancellor, further payments 1782
shall be suspended until the scholar demonstrates promise of 1783
successful progress in the academic program for which the award 1784
was made. The ~~board~~chancellor may revoke the scholarship if the 1785
scholar does not resume successful academic progress within a 1786
reasonable time. 1787

       Sec. 3333.25. There is hereby created the Ohio academic 1788
scholarship payment fund, which shall be in the custody of the 1789
treasurer of state but shall not be a part of the state treasury. 1790
The fund shall consist of all moneys appropriated for the fund by 1791
the general assembly and other moneys otherwise made available to 1792
the fund. The payment fund shall be used for the payment of Ohio 1793
academic scholarships or for additional scholarships to recognize 1794
outstanding academic achievement and ability. The chancellor of 1795
the Ohio board of regents shall administer this section and 1796
establish rules for the distribution and awarding of any 1797
additional scholarships. 1798

       The ~~board~~chancellor may direct the treasurer of state to 1799
invest any moneys in the payment fund not currently needed for 1800
scholarship payments, in any kinds of investments in which moneys 1801
of the public employees retirement system may be invested. 1802

       The instruments of title of all investments shall be 1803
delivered to the treasurer of state or to a qualified trustee 1804
designated by the treasurer of state as provided in section 135.18 1805
of the Revised Code. The treasurer of state shall collect both 1806
principal and investment earnings on all investments as they 1807
become due and pay them into the fund. 1808

       All deposits to the fund shall be made in financial 1809
institutions of this state secured as provided in section 135.18 1810
of the Revised Code. 1811

       Sec. 3333.26. (A) Any citizen of this state who has resided 1812
within the state for one year, who was in the active service of 1813
the United States as a soldier, sailor, nurse, or marine between 1814
April 6, 1917, and November 11, 1918, and who has been honorably 1815
discharged from that service, shall be admitted to any school, 1816
college, or university that receives state funds in support 1817
thereof, without being required to pay any tuition or 1818
matriculation fee, but is not relieved from the payment of 1819
laboratory or similar fees. 1820

       (B)(1) As used in this division: 1821

       (a) "Volunteer firefighter" has the meaning as in division 1822
(B)(1) of section 146.01 of the Revised Code. 1823

       (b) "Public service officer" means an Ohio firefighter, 1824
volunteer firefighter, police officer, member of the state highway 1825
patrol, employee designated to exercise the powers of police 1826
officers pursuant to section 1545.13 of the Revised Code, or other 1827
peace officer as defined by division (B) of section 2935.01 of the 1828
Revised Code, or a person holding any equivalent position in 1829
another state. 1830

       (c) "Qualified former spouse" means the former spouse of a 1831
public service officer, or of a member of the armed services of 1832
the United States, who is the custodial parent of a minor child of 1833
that marriage pursuant to an order allocating the parental rights 1834
and responsibilities for care of the child issued pursuant to 1835
section 3109.04 of the Revised Code. 1836

       (d) "Operation enduring freedom" means that period of 1837
conflict which began October 7, 2001, and ends on a date declared 1838
by the president of the United States or the congress. 1839

        (e) "Operation Iraqi freedom" means that period of conflict 1840
which began March 20, 2003, and ends on a date declared by the 1841
president of the United States or the congress. 1842

       (f) "Combat zone" means an area that the president of the 1843
United States by executive order designates, for purposes of 26 1844
U.S.C. 112, as an area in which armed forces of the United States 1845
are or have engaged in combat. 1846

       (2) Any resident of this state who is under twenty-six years 1847
of age, or under thirty years of age if the resident has been 1848
honorably discharged from the armed services of the United States, 1849
who is the child of a public service officer killed in the line of 1850
duty or of a member of the armed services of the United States 1851
killed in the line of duty during operation enduring freedom or 1852
operation Iraqi freedom, and who is admitted to any state 1853
university or college as defined in division (A)(1) of section 1854
3345.12 of the Revised Code, community college, state community 1855
college, university branch, or technical college shall not be 1856
required to pay any tuition or any student fee for up to four 1857
academic years of education, which shall be at the undergraduate 1858
level. 1859

       A child of a member of the armed services of the United 1860
States killed in the line of duty during operation enduring 1861
freedom or operation Iraqi freedom is eligible for a waiver of 1862
tuition and student fees under this division only if the student 1863
is not eligible for a war orphans scholarship authorized by 1864
Chapter 5910. of the Revised Code. In any year in which the war 1865
orphans scholarship board reduces the percentage of tuition 1866
covered by a war orphans scholarship below one hundred per cent 1867
pursuant to division (A) of section 5910.04 of the Revised Code, 1868
the waiver of tuition and student fees under this division for a 1869
child of a member of the armed services of the United States 1870
killed in the line of duty during operation enduring freedom or 1871
operation Iraqi freedom shall be reduced by the same percentage. 1872

       (3) Any resident of this state who is the spouse or qualified 1873
former spouse of a public service officer killed in the line of 1874
duty, and who is admitted to any state university or college as 1875
defined in division (A)(1) of section 3345.12 of the Revised Code, 1876
community college, state community college, university branch, or 1877
technical college, shall not be required to pay any tuition or any 1878
student fee for up to four academic years of education, which 1879
shall be at the undergraduate level. 1880

       (4) Any resident of this state who is the spouse or qualified 1881
former spouse of a member of the armed services of the United 1882
States killed in the line of duty while serving in a combat zone 1883
after May 7, 1975, and who is admitted to any state university or 1884
college as defined in division (A)(1) of section 3345.12 of the 1885
Revised Code, community college, state community college, 1886
university branch, or technical college, shall not be required to 1887
pay any tuition or any student fee for up to four years of 1888
academic education, which shall be at the undergraduate level. In 1889
order to qualify under division (B)(4) of this section, the spouse 1890
or qualified former spouse shall have been a resident of this 1891
state at the time the member was killed in the line of duty. 1892

       (C) Any institution that is not subject to division (B) of 1893
this section and that holds a valid certificate of registration 1894
issued under Chapter 3332. of the Revised Code, a valid 1895
certificate issued under Chapter 4709. of the Revised Code, or a 1896
valid license issued under Chapter 4713. of the Revised Code, or 1897
that is nonprofit and has a certificate of authorization issued 1898
under section 1713.02 of the Revised Code, or that is a private 1899
institution exempt from regulation under Chapter 3332. of the 1900
Revised Code as prescribed in section 3333.046 of the Revised 1901
Code, which reduces tuition and student fees of a student who is 1902
eligible to attend an institution of higher education under the 1903
provisions of division (B) of this section by an amount indicated 1904
by the chancellor of the Ohio board of regents shall be eligible 1905
to receive a grant in that amount from the ~~board~~chancellor. 1906

       Each institution that enrolls students under division (B) of 1907
this section shall report to the ~~board~~chancellor, by the first 1908
day of July of each year, the number of students who were so 1909
enrolled and the average amount of all such tuition and student 1910
fees waived during the preceding year. The ~~board~~chancellor shall 1911
determine the average amount of all such tuition and student fees 1912
waived during the preceding year. The average amount of the 1913
tuition and student fees waived under division (B) of this section 1914
during the preceding year shall be the amount of grants that 1915
participating institutions shall receive under this division 1916
during the current year, but no grant under this division shall 1917
exceed the tuition and student fees due and payable by the student 1918
prior to the reduction referred to in this division. The grants 1919
shall be made for four years of undergraduate education of an 1920
eligible student. 1921

       Sec. 3333.27. As used in this section: 1922

       (A) "Eligible institution" means a nonprofit Ohio institution 1923
of higher education that holds a certificate of authorization 1924
issued under section 1713.02 of the Revised Code and meets the 1925
requirements of Title VI of the Civil Rights Act of 1964. 1926

       (B) "Resident" and "full-time student" have the meanings 1927
established for purposes of this section by rule of the chancellor 1928
of the Ohio board of regents. 1929

       The ~~board~~chancellor shall establish and administer a student 1930
choice grant program and shall adopt rules for the administration 1931
of the program. 1932

       The ~~board~~chancellor may make a grant to any resident of this 1933
state who is enrolled as a full-time student in a bachelor's 1934
degree program at an eligible institution and maintains an 1935
academic record that meets or exceeds the standard established 1936
pursuant to this section by rule of the ~~board~~chancellor, except 1937
that no grant shall be made to any individual who was enrolled as 1938
a student in an institution of higher education on or before July 1939
1, 1984, or is serving a term of imprisonment. The grant shall not 1940
exceed the lesser of the total instructional and general charges 1941
of the institution in which the student is enrolled, or an amount 1942
equal to one-fourth of the total of any state instructional 1943
subsidy amount distributed by the ~~board~~chancellor in the second 1944
fiscal year of the preceding biennium for all full-time students 1945
enrolled in bachelor's degree programs at four-year state-assisted 1946
institutions of higher education divided by the sum of the actual 1947
number of full-time students enrolled in bachelor's degree 1948
programs at four-year state-assisted institutions of higher 1949
education reported to the ~~board~~chancellor for such year by the 1950
institutions to which the subsidy was distributed. 1951

       The ~~board~~chancellor shall prescribe the form and manner of 1952
application for grants including the manner of certification by 1953
eligible institutions that each applicant from such institution is 1954
enrolled in a bachelor's degree program as a full-time student and 1955
has an academic record that meets or exceeds the standard 1956
established by the ~~board~~chancellor. 1957

       A grant awarded to an eligible student shall be paid to the 1958
institution in which the student is enrolled, and the institution 1959
shall reduce the student's instructional and general charges by 1960
the amount of the grant. Each grant awarded shall be prorated and 1961
paid in equal installments at the time of enrollment for each term 1962
of the academic year for which the grant is awarded. No student 1963
shall be eligible to receive a grant for more than ten semesters, 1964
fifteen quarters, or the equivalent of five academic years. 1965

       The receipt of an Ohio student choice grant shall not affect 1966
a student's eligibility for assistance, or the amount of such 1967
assistance, granted under section 3315.33, 3333.12, 3333.122, 1968
3333.22, 3333.26, 5910.03, 5910.032, or 5919.34 of the Revised 1969
Code. If a student receives assistance under one or more of such 1970
sections, the student choice grant made to the student shall not 1971
exceed the difference between the amount of assistance received 1972
under such sections and the total instructional and general 1973
charges of the institution in which the student is enrolled. 1974

       The general assembly shall support the student choice grant 1975
program by such sums and in such manner as it may provide, but the 1976
~~board~~chancellor may also receive funds from other sources to 1977
support the program. 1978

       No grant shall be made to any student enrolled in a course of 1979
study leading to a degree in theology, religion, or other field of 1980
preparation for a religious profession unless the course of study 1981
leads to an accredited bachelor of arts or bachelor of science 1982
degree. 1983

       Institutions of higher education that enroll students 1984
receiving grants under this section shall report to the ~~board~~ 1985
chancellor the name of each student who has received such a grant 1986
but who is no longer eligible for all or part of such grant and 1987
shall refund all moneys due to the state within thirty days after 1988
the beginning of the term immediately following the term in which 1989
the student was no longer eligible to receive all or part of the 1990
grant. There shall be an interest charge of one per cent per month 1991
on all moneys due and payable after such thirty-day period. The 1992
~~board~~chancellor shall immediately notify the office of budget and 1993
management and the legislative service commission of all refunds 1994
received. 1995

       Sec. 3333.28. (A) The chancellor of the Ohio board of 1996
regents shall establish the nurse education assistance program, 1997
the purpose of which shall be to make loans to students enrolled 1998
in prelicensure nurse education programs at institutions approved 1999
by the board of nursing under section 4723.06 of the Revised Code 2000
and postlicensure nurse education programs approved by the ~~board~~ 2001
~~of regents~~chancellor under section 3333.04 of the Revised Code or 2002
offered by an institution holding a certificate of authorization 2003
issued ~~by the board of regents~~ under Chapter 1713. of the Revised 2004
Code. The board of nursing shall assist the ~~board of regents~~ 2005
chancellor in administering the program. 2006

       (B) There is hereby created in the state treasury the nurse 2007
education assistance fund, which shall consist of all money 2008
transferred to it pursuant to section 4743.05 of the Revised Code. 2009
The fund shall be used by the ~~board of regents~~chancellor for 2010
loans made under division (A) of this section and for expenses of 2011
administering the loan program. 2012

       (C) Between July 1, 2005, and January 1, 2012, the ~~board of~~ 2013
~~regents~~chancellor shall distribute money in the nurse education 2014
assistance fund in the following manner: 2015

       (1)(a) Fifty per cent of available funds shall be awarded as 2016
loans to registered nurses enrolled in postlicensure nurse 2017
education programs described in division (A) of this section. To 2018
be eligible for a loan, the applicant shall provide the ~~board~~ 2019
chancellor with a letter of intent to practice as a faculty member 2020
at a prelicensure or postlicensure program for nursing in this 2021
state upon completion of the applicant's academic program. 2022

       (b) If the borrower of a loan under division (C)(1)(a) of 2023
this section secures employment as a faculty member of an approved 2024
nursing education program in this state within six months 2025
following graduation from an approved nurse education program, the 2026
~~board~~chancellor may forgive the principal and interest of the 2027
student's loans received under division (C)(1)(a) of this section 2028
at a rate of twenty-five per cent per year, for a maximum of four 2029
years, for each year in which the borrower is so employed. A 2030
deferment of the service obligation, and other conditions 2031
regarding the forgiveness of loans may be granted as provided by 2032
the rules adopted under division (D)(7) of this section. 2033

       (c) Loans awarded under division (C)(1)(a) of this section 2034
shall be awarded on the basis of the student's expected family 2035
contribution, with preference given to those applicants with the 2036
lowest expected family contribution. However, the ~~board of regents~~ 2037
chancellor may consider other factors itthe chancellor determines 2038
relevant in ranking the applications. 2039

       (d) Each loan awarded to a student under division (C)(1)(a) 2040
of this section shall be not less than five thousand dollars per 2041
year. 2042

       (2) Twenty-five per cent of available funds shall be awarded 2043
to students enrolled in prelicensure nurse education programs for 2044
registered nurses, as defined in section 4723.01 of the Revised 2045
Code. 2046

       (3) Twenty-five per cent of available funds shall be awarded 2047
to students enrolled in prelicensure professional nurse education 2048
programs for licensed practical nurses, as defined in section 2049
4723.01 of the Revised Code. 2050

       After January 1, 2012, the ~~board of regents~~chancellor shall 2051
determine the manner in which to distribute loans under this 2052
section. 2053

       (D) Subject to the requirements specified in division (C) of 2054
this section, the ~~board of regents~~chancellor shall adopt rules in 2055
accordance with Chapter 119. of the Revised Code establishing: 2056

       (1) Eligibility criteria for receipt of a loan; 2057

       (2) Loan application procedures; 2058

       (3) The amounts in which loans may be made and the total 2059
amount that may be loaned to an individual; 2060

       (4) The total amount of loans that can be made each year; 2061

       (5) The percentage of the money in the fund that must remain 2062
in the fund at all times as a fund balance; 2063

       (6) Interest and principal repayment schedules; 2064

       (7) Conditions under which a portion of principal and 2065
interest obligations incurred by an individual under the program 2066
will be forgiven; 2067

       (8) Ways that the program may be used to encourage 2068
individuals who are members of minority groups to enter the 2069
nursing profession; 2070

       (9) Any other matters incidental to the operation of the 2071
program. 2072

       (E) The obligation to repay a portion of the principal and 2073
interest on a loan made under this section shall be forgiven if 2074
the recipient of the loan meets the criteria for forgiveness 2075
established by division (C)(1)(b) of this section, in the case of 2076
loans awarded under division (C)(1)(a) of this section, or by the 2077
~~board of regents by~~chancellor under the rule adopted under 2078
division (D)(7) of this section, in the case of other loans 2079
awarded under this section. 2080

       (F) The receipt of a loan under this section shall not affect 2081
a student's eligibility for assistance, or the amount of that 2082
assistance, granted under section 3333.12, 3333.122, 3333.22, 2083
3333.26, 3333.27, 5910.03, 5910.032, or 5919.34 of the Revised 2084
Code, but the rules of the ~~board of regents~~chancellor may provide 2085
for taking assistance received under those sections into 2086
consideration when determining a student's eligibility for a loan 2087
under this section. 2088

       Sec. 3333.29. (A) As used in this section: 2089

       (1) "Resident" has the meaning established for purposes of 2090
this section by rule of the chancellor of the Ohio board of 2091
regents. 2092

       (2) "Eligible institution" means either: 2093

       (a) A private career school registered in accordance with 2094
section 3332.05 of the Revised Code; 2095

       (b) A private institution exempt from regulation under 2096
Chapter 3332. of the Revised Code as prescribed in section 2097
3333.046 of the Revised Code. 2098

       (B) The ~~Ohio board of regents~~chancellor shall establish and 2099
administer the student workforce development grant program and 2100
shall adopt rules for the administration of the program. Such 2101
rules shall be similar to the rules ~~the Ohio board of regents~~ 2102
~~adopts~~adopted under section 3333.27 of the Revised Code. 2103

       (C) The ~~Ohio board of regents~~chancellor may make a grant to 2104
any resident of this state who is enrolled as a full-time student 2105
in an authorized baccalaureate degree or associate degree program 2106
at an eligible institution and who maintains an academic record 2107
that meets or exceeds a standard established by rule of the state 2108
board of career colleges and schools. The size of an annual grant 2109
award shall be determined by the ~~Ohio board of regents~~chancellor 2110
based on the amount of funds available for the program. The grant 2111
shall be prorated and paid in equal installments per academic term 2112
in accordance with division (E) of this section. 2113

       (D) The ~~Ohio board of regents~~chancellor shall prescribe the 2114
form and manner of application for grants and shall provide a 2115
method for eligible institutions to certify applicants who are 2116
enrolled in authorized baccalaureate degree or associate degree 2117
programs and have academic records meeting or exceeding the 2118
standard established by the state board of career colleges and 2119
schools. 2120

       (E) A grant awarded to an eligible student shall be paid to 2121
the eligible institution in which the student is enrolled, and the 2122
institution shall reduce the student's instructional and general 2123
charges by the amount of the grant. Each grant awarded shall be 2124
paid in accordance with division (C) of this section within thirty 2125
days after the start of each term of the academic year for which 2126
the grant is awarded. No student shall be eligible to receive 2127
grants for more than the equivalent of five academic years. 2128

       (F) The receipt of a workforce development grant shall not 2129
affect a student's eligibility for assistance or the amount of 2130
such assistance granted under any other provision of state law. If 2131
a student receives assistance under one or more other provisions 2132
of state law, the grant made to the student under this section 2133
shall not exceed the difference between the total instructional 2134
and general charges assessed to the student by the eligible 2135
institution and the amount of total assistance the student 2136
receives under other provisions of state law. 2137

       (G) The general assembly shall support the workforce 2138
development grant program with such appropriations as the general 2139
assembly sees fit. The ~~Ohio board of regents~~chancellor may also 2140
receive funds from other sources to support the program. 2141

       (H) Eligible institutions that enroll students receiving 2142
grants under this section shall report to the ~~Ohio board of~~ 2143
~~regents~~chancellor the name of each student who has received such 2144
a grant but who is no longer eligible for such a grant. In the 2145
event that an eligible student who has been awarded a grant under 2146
this section withdraws from enrollment at an institution during 2147
any term, the institution shall refund a prorated amount of the 2148
student's grant for that term to the ~~Ohio board of regents~~ 2149
chancellor in accordance with the school's refund policy. 2150

       (I) The state board of career colleges and schools shall 2151
report to the ~~Ohio board of regents~~chancellor each degree 2152
granting private career school's job placement rate for the 2153
immediately preceding academic year. No grant awarded to an 2154
eligible student under this section shall be paid to a registered 2155
private career school if the school's job placement rate for 2156
baccalaureate degree and associate degree programs for the 2157
preceding academic year was less than seventy-five per cent. 2158

       Sec. 3333.31. (A) For state subsidy and tuition surcharge 2159
purposes, status as a resident of Ohio shall be defined by the 2160
chancellor of the Ohio board of regents by rule promulgated 2161
pursuant to Chapter 119. of the Revised Code. No adjudication as 2162
to the status of any person under such rule, however, shall be 2163
required to be made pursuant to Chapter 119. of the Revised Code. 2164
The term "resident" for these purposes shall not be equated with 2165
the definition of that term as it is employed elsewhere under the 2166
laws of this state and other states, and shall not carry with it 2167
any of the legal connotations appurtenant thereto. Rather, for 2168
such purposes, the rule promulgated ~~by the Ohio board of regents~~ 2169
under this section shall have the objective of excluding from 2170
treatment as residents those who are present in the state 2171
primarily for the purpose of attending a state-supported or 2172
state-assisted institution of higher education, and may prescribe 2173
presumptive rules, rebuttable or conclusive, as to such purpose 2174
based upon the source or sources of support of the student, 2175
residence prior to first enrollment, evidence of intention to 2176
remain in the state after completion of studies, or such other 2177
factors as the ~~Ohio board of regents may deem~~chancellor deems 2178
relevant. 2179

       (B) The rules of the ~~Ohio board of regents~~chancellor for 2180
determining student residency shall not deny residency status to a 2181
student who is either a dependent child of a parent, or the spouse 2182
of a person who, as of the first day of a term of enrollment in an 2183
institution of higher education, has accepted full-time employment 2184
and established domicile in this state for reasons other than 2185
gaining the benefit of favorable tuition rates. 2186

       Documentation of full-time employment and domicile shall 2187
include both of the following documents: 2188

       (1) A sworn statement from the employer or the employer's 2189
representative on the letterhead of the employer or the employer's 2190
representative certifying that the parent or spouse of the student 2191
is employed full-time in Ohio; 2192

       (2) A copy of the lease under which the parent or spouse is 2193
the lessee and occupant of rented residential property in the 2194
state, a copy of the closing statement on residential real 2195
property of which the parent or spouse is the owner and occupant 2196
in this state or, if the parent or spouse is not the lessee or 2197
owner of the residence in which hethe parent or spouse has 2198
established domicile, a letter from the owner of the residence 2199
certifying that the parent or spouse resides at that residence. 2200

Residency officers may also evaluate, in accordance with ~~board~~ the 2201
chancellor's rule, requests for immediate residency status from 2202
dependent students whose parents are not living and whose domicile 2203
follows that of a legal guardian who has accepted full-time 2204
employment and established domicile in the state for reasons other 2205
than gaining the benefit of favorable tuition rates. 2206

       (C) "Dependent," "domicile," "institution of higher 2207
education," and "residency officer" have the meanings ascribed in 2208
the ~~board's~~chancellor's rules adopted under this section. 2209

       Sec. 3333.35. The state board of education and the 2210
chancellor of the Ohio board of regents shall strive to reduce 2211
unnecessary student remediation costs incurred by colleges and 2212
universities in this state, increase overall access for students 2213
to higher education, enhance the post-secondary enrollment options 2214
program in accordance with Chapter 3365. of the Revised Code, and 2215
enhance the alternative educator licensure program in accordance 2216
with section 3319.26 of the Revised Code. 2217

       Sec. 3333.36. Provided that sufficient unencumbered and 2218
unexpended funds are available from general revenue fund 2219
appropriations made to the Ohio board of regents or to the 2220
chancellor of the Ohio board of regents, the chancellor ~~of the~~ 2221
~~Ohio board of regents~~ shall allocate up to seventy thousand 2222
dollars in each fiscal year to make payments to the Columbus 2223
program in intergovernmental issues, an Ohio internship program at 2224
Kent state university, for scholarships of up to two thousand 2225
dollars for each student enrolled in the program. The chancellor 2226
may utilize any general revenue funds appropriated to the board of 2227
regents or to the chancellor that the chancellor determines to be 2228
available for purposes of this section. 2229

       Sec. 3333.37. As used in sections 3333.37 to 3333.375 of the 2230
Revised Code, the following words and terms have the following 2231
meanings unless the context indicates a different meaning or 2232
intent: 2233

       (A) "Cost of attendance" means all costs of a student 2234
incurred in connection with a program of study at an eligible 2235
institution, as determined by the institution, including tuition; 2236
instructional fees; room and board; books, computers, and 2237
supplies; and other related fees, charges, and expenses. 2238

       (B) "Eligible institution" means one of the following: 2239

       (1) A state-assisted post-secondary educational institution 2240
within the state; 2241

       (2) A nonprofit institution of higher education within the 2242
state that holds a certificate of authorization ~~from the Ohio~~ 2243
~~board of regents pursuant to~~issued under Chapter 1713. of the 2244
Revised Code, that is accredited by the appropriate regional and, 2245
when appropriate, professional accrediting associations within 2246
whose jurisdiction it falls, is authorized to grant a bachelor's 2247
degree or higher, and satisfies other conditions as set forth in 2248
the policy guidelines; 2249

       (3) A private institution exempt from regulation under 2250
Chapter 3332. of the Revised Code as prescribed in section 2251
3333.046 of the Revised Code. 2252

       (C) "Eligible student" means either of the following: 2253

       (1) An undergraduate student who meets all of the following: 2254

       (a) Is a resident of this state; 2255

       (b) Has graduated from any Ohio secondary school for which 2256
the state board of education prescribes minimum standards in 2257
accordance with section 3301.07 of the Revised Code; 2258

       (c) Is attending and in good standing, or has been accepted 2259
for attendance, at any eligible institution as a full-time student 2260
to pursue a bachelor's degree. 2261

       (2) A graduate student who is a resident of this state, and 2262
is attending and in good standing, or has been accepted for 2263
attendance, at any eligible institution. 2264

       (D) "Fellowship" or "fellowship program" means the Ohio 2265
priority needs fellowship created by sections 3333.37 to 3333.375 2266
of the Revised Code. 2267

       (E) "Full-time student" has the meaning as defined by rule of 2268
the chancellor of the Ohio board of regents. 2269

       (F) "Ohio outstanding scholar" means a student who is the 2270
recipient of a scholarship under sections 3333.37 to 3333.375 of 2271
the Revised Code. 2272

       (G) "Policy guidelines" means the rules adopted by the ~~Ohio~~ 2273
~~board of regents~~chancellor pursuant to section 3333.374 of the 2274
Revised Code. 2275

       (H) "Priority needs fellow" means a student who is the 2276
recipient of a fellowship under sections 3333.37 to 3333.375 of 2277
the Revised Code. 2278

       (I) "Priority needs field of study" means those academic 2279
majors and disciplines as determined by the ~~Ohio board of regents~~ 2280
chancellor that support the purposes and intent of sections 2281
3333.37 to 3333.375 of the Revised Code as described in section 2282
3333.371 of the Revised Code. 2283

       (J) "Scholarship" or "scholarship program" means the Ohio 2284
outstanding scholarship created by sections 3333.37 to 3333.375 of 2285
the Revised Code. 2286

       Sec. 3333.372. (A) There isare hereby authorized the "Ohio 2287
outstanding scholarship" and the "Ohio priority needs fellowship" 2288
programs, which shall be established and administered by the 2289
chancellor of the Ohio board of regents for eligible students. The 2290
programs shall provide scholarships to eligible undergraduate 2291
students and fellowships to eligible graduate students, equal to 2292
the annual cost of attendance at eligible institutions, to pursue 2293
baccalaureate degrees and post-baccalaureate degrees in priority 2294
needs field of study consistent with section 3333.371 of the 2295
Revised Code. 2296

       (B) The scholarship and fellowship programs created under 2297
sections 3333.37 to 3333.375 of the Revised Code and any necessary 2298
administrative expenses shall be funded solely from the Ohio 2299
outstanding scholarship and the Ohio priority needs fellowship 2300
programs payment funds established pursuant to section 3333.375 of 2301
the Revised Code. 2302

       (C) The scholarships shall be renewable for each of three 2303
additional years for undergraduate study, and the fellowships 2304
shall be renewable for each of two additional years for graduate 2305
study, provided the Ohio outstanding scholar or priority needs 2306
fellow remains an eligible student at an eligible institution. 2307

       Sec. 3333.373. (A) The ~~board of regents shall establish the~~ 2308
scholarship rules advisory committee~~, which~~is hereby established. 2309
The committee shall consist of the chancellor of the Ohio board of 2310
regents or the chancellor's designee, the treasurer of state or 2311
the treasurer of state's designee, the director of development or 2312
the director's designee, one state senator appointed by the 2313
president of the senate, one state representative appointed by the 2314
speaker of the house of representatives, and two public members 2315
appointed by the chancellor representing the interests of the 2316
state-assisted eligible institutions and private nonprofit 2317
eligible institutions, respectively. 2318

       (B) The committee~~, within one hundred twenty days after June~~ 2319
~~8, 2000,~~ shall provide recommendations to the ~~Ohio board of~~ 2320
~~regents~~chancellor as to rules, criteria, and guidelines necessary 2321
and appropriate to implement the scholarship and fellowship 2322
programs created by sections 3333.37 to 3333.375 of the Revised 2323
Code. 2324

       (C) The committee shall meet at least annually to review the 2325
scholarship and fellowship programs guidelines; make 2326
recommendations to amend, rescind, or modify the policy 2327
guidelines; and approve scholarship and fellowship awards to 2328
eligible students. 2329

       (D) Sections 101.82 to 101.87 of the Revised Code do not 2330
apply to this section. 2331

       Sec. 3333.374. (A) After receipt of recommendations from the 2332
scholarship rules advisory committee or if no recommendations are 2333
received, the chancellor of the Ohio board of regents, ~~not later~~ 2334
~~than one hundred eighty days after the effective date of this~~ 2335
~~section and~~ with the approval of the treasurer of state, shall 2336
adopt rules, in accordance with Chapter 119. of the Revised Code, 2337
establishing ~~such~~ policy guidelines ~~as the board considers~~ 2338
~~necessary and appropriate to provide~~ for the implementation of the 2339
scholarship and fellowship programs. 2340

       (B) Nothing in this section or section 3333.373 of the 2341
Revised Code shall prevent the ~~board~~chancellor, with the approval 2342
of the treasurer of state, from amending or rescinding rules 2343
adopted pursuant to division (A) of this section, or from adopting 2344
new rules, in accordance with Chapter 119. of the Revised Code, 2345
from time to time as are necessary to further the purposes of 2346
sections 3333.37 to 3333.375 of the Revised Code. 2347

       Sec. 3333.375. (A)(1) There isare hereby created the Ohio 2348
outstanding scholarship and the Ohio priority needs fellowship 2349
programs payment funds, which shall be in the custody of the 2350
treasurer of state, but shall not be a part of the state treasury. 2351

       (2) The payment funds shall consist solely of all moneys 2352
returned to the treasurer of state, as issuer of certain 2353
tax-exempt student loan revenue bonds, from all indentures of 2354
trust, both presently existing and future, created as a result of 2355
tax-exempt student loan revenue bonds issued under Chapter 3366. 2356
of the Revised Code, and any moneys earned from allowable 2357
investments of the payment funds under division (B) of this 2358
section. 2359

       (3) The payment funds shall be used solely for scholarship 2360
and fellowships awarded under sections 3333.37 to 3333.375 of the 2361
Revised Code by the chancellor of the Ohio board of regents and 2362
for any necessary administrative expenses incurred by the ~~board~~ 2363
chancellor in administering the scholarship and fellowship 2364
programs. 2365

       (B) The treasurer of state may invest any moneys in the 2366
payment funds not currently needed for scholarship and fellowship 2367
payments in any kind of investments in which moneys of the public 2368
employees retirement system may be invested under Chapter 145. of 2369
the Revised Code. 2370

       (C)(1) The instruments of title of all investments shall be 2371
delivered to the treasurer of state or to a qualified trustee 2372
designated by the treasurer of state as provided in section 135.18 2373
of the Revised Code. 2374

       (2) The treasurer of state shall collect both principal and 2375
investment earnings on all investments as they become due and pay 2376
them into the payment funds. 2377

       (3) All deposits to the payment funds shall be made in public 2378
depositories of this state and secured as provided in section 2379
135.18 of the Revised Code. 2380

       (D) On or before March 1, 2001, and on or before the first 2381
day of March in each subsequent year, the treasurer of state shall 2382
provide to the chancellor of the Ohio board of regents a statement 2383
indicating the moneys in the Ohio outstanding scholarship and the 2384
Ohio priority needs fellowship programs payment funds that are 2385
available for the upcoming academic year to award scholarships and 2386
fellowships under sections 3333.37 to 3333.375 of the Revised 2387
Code. 2388

       Sec. 3333.38. (A) As used in this section: 2389

       (1) "Institution of higher education" includes all of the 2390
following: 2391

       (a) A state institution of higher education, as defined in 2392
section 3345.011 of the Revised Code; 2393

       (b) A nonprofit institution issued a certificate of 2394
authorization ~~by the Ohio board of regents~~ under Chapter 1713. of 2395
the Revised Code; 2396

       (c) A private institution exempt from regulation under 2397
Chapter 3332. of the Revised Code, as prescribed in section 2398
3333.046 of the Revised Code; 2399

       (d) An institution of higher education with a certificate of 2400
registration from the state board of career colleges and schools 2401
under Chapter 3332. of the Revised Code. 2402

       (2) "Student financial assistance supported by state funds" 2403
includes assistance granted under sections 3315.33, 3333.12, 2404
3333.122, 3333.21, 3333.26, 3333.27, 3333.28, 3333.29, 3333.372, 2405
5910.03, 5910.032, and 5919.34 of the Revised Code and any other 2406
post-secondary student financial assistance supported by state 2407
funds. 2408

       (B) An individual who is convicted of, pleads guilty to, or 2409
is adjudicated a delinquent child for one of the following 2410
violations shall be ineligible to receive any student financial 2411
assistance supported by state funds at an institution of higher 2412
education for two calendar years from the time the individual 2413
applies for assistance of that nature: 2414

       (1) A violation of section 2917.02 or 2917.03 of the Revised 2415
Code; 2416

       (2) A violation of section 2917.04 of the Revised Code that 2417
is a misdemeanor of the fourth degree; 2418

       (3) A violation of section 2917.13 of the Revised Code that 2419
is a misdemeanor of the fourth or first degree and occurs within 2420
the proximate area where four or more others are acting in a 2421
course of conduct in violation of section 2917.11 of the Revised 2422
Code. 2423

       (C) If an individual is convicted of, pleads guilty to, or is 2424
adjudicated a delinquent child for committing a violation of 2425
section 2917.02 or 2917.03 of the Revised Code, and if the 2426
individual is enrolled in a state-supported institution of higher 2427
education, the institution in which the individual is enrolled 2428
shall immediately dismiss the individual. No state-supported 2429
institution of higher education shall admit an individual of that 2430
nature for one academic year after the individual applies for 2431
admission to a state-supported institution of higher education. 2432
This division does not limit or affect the ability of a 2433
state-supported institution of higher education to suspend or 2434
otherwise discipline its students. 2435

       Section 2. That existing sections 121.03, 3333.01, 3333.021, 2436
3333.03, 3333.04, 3333.041, 3333.042, 3333.043, 3333.044, 2437
3333.045, 3333.046, 3333.047, 3333.05, 3333.06, 3333.07, 3333.071, 2438
3333.072, 3333.08, 3333.09, 3333.10, 3333.11, 3333.12, 3333.121, 2439
3333.122, 3333.123, 3333.13, 3333.14, 3333.15, 3333.16, 3333.161, 2440
3333.162, 3333.17, 3333.18, 3333.19, 3333.20, 3333.21, 3333.22, 2441
3333.23, 3333.25, 3333.26, 3333.27, 3333.28, 3333.29, 3333.31, 2442
3333.35, 3333.36, 3333.37, 3333.372, 3333.373, 3333.374, 3333.375, 2443
and 3333.38 of the Revised Code are hereby repealed. 2444

       Section 3. (A) On and after the effective date of this 2445
section: 2446

       (1) The Ohio Board of Regents, as established by section 2447
3333.01 of the Revised Code, shall be an advisory board charged 2448
with the duty to advise the Chancellor of the Ohio Board of 2449
Regents in carrying out the Chancellor's duties. 2450

       (2) The Chancellor of the Ohio Board of Regents shall have 2451
the powers and duties formerly prescribed as powers and duties of 2452
the Ohio Board of Regents and any other powers and duties granted 2453
to the Chancellor by law enacted after the effective date of this 2454
section. 2455

       (3) The Chancellor of the Ohio Board of Regents is thereupon 2456
and thereafter successor to, assumes the obligations of, and 2457
otherwise constitutes the continuation of the Ohio Board of 2458
Regents. 2459

       (4) Any business commenced but not completed by the Ohio 2460
Board of Regents shall be completed by the Chancellor of the Ohio 2461
Board of Regents in the same manner, and with the same effect, as 2462
if completed by the Board. No validation, cure, right, privilege, 2463
remedy, obligation, or liability is lost or impaired by reason of 2464
the change in powers and duties prescribed in the provisions 2465
amended and enacted in Sections 1 and 2 of this act. 2466

       (5) All of the rules of the Ohio Board of Regents continue in 2467
effect as rules of the Chancellor of the Ohio Board of Regents, 2468
until amended or rescinded by the Chancellor. 2469

       (6) Except as otherwise specified in section 3333.031 of the 2470
Revised Code or another provision of law on point enacted after 2471
the effective date of this section, when the Ohio Board of Regents 2472
is referred to in any statute, rule, contract, grant, or other 2473
document, the reference shall be construed to refer to the 2474
Chancellor of the Ohio Board of Regents. 2475

       (B) No judicial or administrative action or proceeding in 2476
which the Ohio Board of Regents is a party that is pending on the 2477
effective date of this section, is affected by the change in 2478
powers and duties prescribed in the provisions amended and enacted 2479
in Sections 1 and 2 of this act. Such action or proceeding shall 2480
be prosecuted or defended in the name of the Chancellor of the 2481
Ohio Board of Regents. On application to the court or other 2482
tribunal, the Chancellor of the Ohio Board of Regents shall be 2483
substituted for the Ohio Board of Regents as a party to such 2484
action or proceeding. 2485

       (C) As prescribed in division (B) of section 3333.03 of the 2486
Revised Code, professional, administrative, and clerical employees 2487
and staff of the Ohio Board of Regents remain subject to the 2488
appointment by and continue to serve at the pleasure of the 2489
Chancellor of the Ohio Board of Regents. 2490

       (D) On the effective date of this section, all books, 2491
records, documents, files, transcripts, equipment, furniture, 2492
supplies and other materials assigned to or in the possession of 2493
the Ohio Board of Regents shall be transferred to the Chancellor 2494
of the Ohio Board of Regents. 2495

       Section 4. Not later than September 28, 2007, the Chancellor 2496
of the Ohio Board of Regents shall report to the General Assembly, 2497
in accordance with division (B) of section 101.68 of the Revised 2498
Code, and to the Governor, recommendations to accomplish the 2499
following: 2500

        (A) Make college more affordable and accessible for all 2501
Ohioans; 2502

        (B) Encourage Ohio graduates to remain in Ohio after earning 2503
their degrees; 2504

        (C) Maximize higher education as a driver of the state's 2505
economy. 2506

        The report also shall include a plan as to how the Board of 2507
Regents should be fully utilized to enhance higher education in 2508
Ohio. 2509

Section 1. That sections 121.03, 3333.01, 3333.021, 3333.03,	19
3333.04, 3333.041, 3333.042, 3333.043, 3333.044, 3333.045,	20
3333.046, 3333.047, 3333.05, 3333.06, 3333.07, 3333.071, 3333.072,	21
3333.08, 3333.09, 3333.10, 3333.11, 3333.12, 3333.121, 3333.122,	22
3333.123, 3333.13, 3333.14, 3333.15, 3333.16, 3333.161, 3333.162,	23
3333.17, 3333.18, 3333.19, 3333.20, 3333.21, 3333.22, 3333.23,	24
3333.25, 3333.26, 3333.27, 3333.28, 3333.29, 3333.31, 3333.35,	25
3333.36, 3333.37, 3333.372, 3333.373, 3333.374, 3333.375, and	26
3333.38 be amended and section 3333.031 of the Revised Code be	27
enacted to read as follows:	28

Sec. 121.03. The following administrative department heads	29
shall be appointed by the governor, with the advice and consent of	30
the senate, and shall hold their offices during the term of the	31
appointing governor, and are subject to removal at the pleasure of	32
the governor.	33

(N) The director of mental retardation and developmental	47
disabilities;	48

(U) The administrator of workers' compensation who meets the	55
qualifications required under division (A) of section 4121.121 of	56
the Revised Code;	57

Sec. 3333.01. There is hereby created the Ohio board of	59
regents ~~consisting~~as an advisory board to the chancellor	60
appointed under section 3333.03 of the Revised Code. The board	61
shall consist of nine members to be appointed by the governor with	62
the advice and consent of the senate. The members shall be	63
residents of this state who possess an interest in and knowledge	64
of higher education. No member shall be a trustee, officer, or	65
employee of any Ohio public or private college or university while	66
serving as a member of the board. In addition to the members	67
appointed by the governor, the ~~chairman~~chairperson of the	68
education committee of the senate and the ~~chairman~~chairperson of	69
the education committee of the house of representatives shall,	70
after January 1, 1967, be ex officio members of the board without	71
a vote.	72

Terms of office shall be for nine years, commencing on the	73
twenty-first day of September and ending on the twentieth day of	74
September. Each member shall hold office from the date of ~~his~~	75
appointment until the end of the term for which hethe member was	76
appointed. Any member appointed to fill a vacancy occurring prior	77
to the expiration of the term for which ~~his~~the member's	78
predecessor was appointed shall hold office for the remainder of	79
such term. Any member shall continue in office subsequent to the	80
expiration date of ~~his~~the member's term until ~~his~~a successor	81
takes office, or until a period of sixty days has elapsed,	82
whichever occurs first.	83

No person who has served a full nine-year term shall be	84
eligible for reappointment.	85

Board members shall serve without compensation, but shall be	86
reimbursed for necessary expenses incurred in the conduct of board	87
business.	88

Sec. 3333.021. As used in this section, "university" means	89
any college or university that receives a state appropriation.	90

(A) This division does not apply to proposed rules,	91
amendments, or rescissions subject to review under division (I) of	92
section 119.03 of the Revised Code. No action taken by the	93
chancellor of the Ohio board of regents that could reasonably be	94
expected to have an effect on the revenue or expenditures of any	95
university shall take effect unless at least two weeks prior to	96
the date on which the action is taken, the ~~board~~chancellor has	97
filed with the speaker of the house of representatives, the	98
president of the senate, the legislative budget office of the	99
legislative service commission, and the director of budget and	100
management a fiscal analysis of the proposed action. The analysis	101
shall include an estimate of the amount by which, during the	102
current and ensuing fiscal biennium, the action would increase or	103
decrease the university's revenues or expenditures and increase or	104
decrease any state expenditures and any other information the	105
~~board~~chancellor considers necessary to explain the action's	106
fiscal effect.	107

(B) Within three days of the date the ~~board of regents~~	108
chancellor files with the clerk of the senate a proposed rule,	109
amendment, or rescission that is subject to review and	110
invalidation under division (I) of section 119.03 of the Revised	111
Code, itthe chancellor shall file with the speaker of the house,	112
the president of the senate, the legislative budget office of the	113
legislative service commission, and the director of budget and	114
management a fiscal analysis of the proposed rule. The analysis	115
shall include an estimate of the amount by which, during the	116
current and ensuing fiscal biennium, the action would increase or	117
decrease any university's revenues or expenditures and increase or	118
decrease state revenues or expenditures and any other information	119
the ~~board~~chancellor considers necessary to explain the fiscal	120
effect of the rule, amendment, or rescission. No rule, amendment,	121
or rescission shall take effect unless the ~~board~~chancellor has	122
complied with this division.	123

Sec. 3333.03. (A) The ~~Ohio board of regents~~governor, with	124
the advice and consent of the senate, shall appoint athe	125
chancellor toof the Ohio board of regents. The chancellor shall	126
serve at ~~its~~the pleasure of the governor, and the governor shall	127
prescribe the chancellor's duties in addition to the chancellor's	128
duties prescribed by law. The ~~board~~governor shall fix the	129
compensation for the chancellor.	130

(B) The chancellor ~~is the administrative officer of the~~	131
~~board, and~~ is responsible for appointing and fixing the	132
compensation of all professional, administrative, and clerical	133
employees and staff members necessary to assist ~~the board and the~~	134
~~chancellor~~ in the performance of ~~their~~the chancellor's duties.	135
All employees and staff shall serve at the chancellor's pleasure.	136
The chancellor shall be a person qualified by training and	137
experience to understand the problems and needs of the state in	138
the field of higher education and to devise programs, plans, and	139
methods of solving the problems and meeting the needs.	140

(C) Neither the chancellor nor any staff member or employee	141
of the ~~board~~chancellor shall be a trustee, officer, or employee	142
of any public or private college or university while serving on	143
~~the board~~as chancellor, staff member, or employee.	144

Sec. 3333.031. Whenever the term "Ohio board of regents" is	145
used, referred to, or designated in any statute, rule, contract,	146
grant, or other document, the use, reference, or designation shall	147
be construed to mean the "chancellor of the Ohio board of	148
regents," except in sections 3333.01, 3333.011, and 3333.02 of the	149
Revised Code or unless the use, reference, or designation of the	150
term "Ohio board of regents" relates to the board's duties to give	151
advice to the chancellor of the Ohio board of regents or unless	152
another section of law expressly provides otherwise.	153

Sec. 3333.04. The chancellor of the Ohio board of regents	154
shall:	155

(A) Make studies of state policy in the field of higher	156
education and formulate a master plan for higher education for the	157
state, considering the needs of the people, the needs of the	158
state, and the role of individual public and private institutions	159
within the state in fulfilling these needs;	160

(B)(1) Report annually to the governor and the general	161
assembly on the findings from ~~its~~the chancellor's studies and the	162
master plan for higher education for the state;	163

(2) Report at least semiannually to the general assembly and	164
the governor the enrollment numbers at each state-assisted	165
institution of higher education.	166

(C) Approve or disapprove the establishment of new branches	167
or academic centers of state colleges and universities;	168

(D) Approve or disapprove the establishment of state	169
technical colleges or any other state institution of higher	170
education;	171

(E) Recommend the nature of the programs, undergraduate,	172
graduate, professional, state-financed research, and public	173
services which should be offered by the state colleges,	174
universities, and other state-assisted institutions of higher	175
education in order to utilize to the best advantage their	176
facilities and personnel;	177

(F) Recommend to the state colleges, universities, and other	178
state-assisted institutions of higher education graduate or	179
professional programs, including, but not limited to, doctor of	180
philosophy, doctor of education, and juris doctor programs, that	181
could be eliminated because they constitute unnecessary	182
duplication, as shall be determined using the process developed	183
pursuant to this section, or for other good and sufficient cause.	184
For purposes of determining the amounts of any state instructional	185
subsidies paid to these colleges, universities, and institutions,	186
the ~~board~~chancellor may exclude students enrolled in any program	187
that the ~~board~~chancellor has recommended for elimination pursuant	188
to this division except that the ~~board~~chancellor shall not	189
exclude any such student who enrolled in the program prior to the	190
date on which the ~~board~~chancellor initially commences to exclude	191
students under this division. The ~~board of regents~~chancellor and	192
these colleges, universities, and institutions shall jointly	193
develop a process for determining which existing graduate or	194
professional programs constitute unnecessary duplication.	195

(G) Recommend to the state colleges, universities, and other	196
state-assisted institutions of higher education programs which	197
should be added to their present programs;	198

(H) Conduct studies for the state colleges, universities, and	199
other state-assisted institutions of higher education to assist	200
them in making the best and most efficient use of their existing	201
facilities and personnel;	202

(I) Make recommendations to the governor and general assembly	203
concerning the development of state-financed capital plans for	204
higher education; the establishment of new state colleges,	205
universities, and other state-assisted institutions of higher	206
education; and the establishment of new programs at the existing	207
state colleges, universities, and other institutions of higher	208
education;	209

(J) Review the appropriation requests of the public community	210
colleges and the state colleges and universities and submit to the	211
office of budget and management and to the chairpersons of the	212
finance committees of the house of representatives and of the	213
senate ~~its~~the chancellor's recommendations in regard to the	214
biennial higher education appropriation for the state, including	215
appropriations for the individual state colleges and universities	216
and public community colleges. For the purpose of determining the	217
amounts of instructional subsidies to be paid to state-assisted	218
colleges and universities, the ~~board~~chancellor shall define	219
"full-time equivalent student" by program per academic year. The	220
definition may take into account the establishment of minimum	221
enrollment levels in technical education programs below which	222
support allowances will not be paid. Except as otherwise provided	223
in this section, the ~~board~~chancellor shall make no change in the	224
definition of "full-time equivalent student" in effect on November	225
15, 1981, which would increase or decrease the number of	226
subsidy-eligible full-time equivalent students, without first	227
submitting a fiscal impact statement to the president of the	228
senate, the speaker of the house of representatives, the	229
legislative service commission, and the director of budget and	230
management. The ~~board~~chancellor shall work in close cooperation	231
with the director of budget and management in this respect and in	232
all other matters concerning the expenditures of appropriated	233
funds by state colleges, universities, and other institutions of	234
higher education.	235

(K) Seek the cooperation and advice of the officers and	236
trustees of both public and private colleges, universities, and	237
other institutions of higher education in the state in performing	238
~~its~~the chancellor's duties and making ~~its~~the chancellor's plans,	239
studies, and recommendations;	240

(L) Appoint advisory committees consisting of persons	241
associated with public or private secondary schools, members of	242
the state board of education, or personnel of the state department	243
of education;	244

(M) Appoint advisory committees consisting of college and	245
university personnel, or other persons knowledgeable in the field	246
of higher education, or both, in order to obtain their advice and	247
assistance in defining and suggesting solutions for the problems	248
and needs of higher education in this state;	249