H. B. No. 85 As Introduced

As Introduced

127th General Assembly

Regular Session

2007-2008

H. B. No. 85

Representative Webster

A BILL

To amend sections 3333.01, 3333.03, 3333.04, 3333.05, 1
3333.07, 3333.10, and 3333.99 and to enact 2
sections 3333.45, 3333.46, and 3345.02 of the 3
Revised Code to expand the authority of the Ohio 4
Board of Regents to regulate the programs and 5
tuition of state institutions of higher education, 6
to require the Governor's approval of the Board of 7
Regent's selection for Chancellor, to restructure 8
the terms of members of the Board of Regents, and 9
to establish the Ohio Higher Education Purchasing 10
Commission. 11

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

       Section 1. That sections 3333.01, 3333.03, 3333.04, 3333.05, 12
3333.07, 3333.10, and 3333.99 be amended and sections 3333.45, 13
3333.46, and 3345.02 of the Revised Code be enacted to read as 14
follows: 15

       Sec. 3333.01. (A) There is hereby created the Ohio board of 16
regents consisting of nine members to be appointed by the governor 17
with the advice and consent of the senate. The members shall be 18
residents of this state who possess an interest in and knowledge 19
of higher education. No member shall be a trustee, officer, or 20
employee of any Ohio public or private college or university while 21
serving as a member of the board. In addition to the members 22
appointed by the governor, the ~~chairman~~chairperson of the 23
education committee of the senate and the ~~chairman~~chairperson of 24
the education committee of the house of representatives shall, 25
after January 1, 1967, be ex officio members of the board without 26
a vote. 27

       ~~Terms~~(B) Prior to September 20, 2007, terms of office shall 28
be for nine years, commencing on the twenty-first day of September 29
and ending on the twentieth day of September. ~~Each~~ 30

       (C) Beginning on September 20, 2007, the terms of office for 31
the members of the board of regents shall be as follows: 32

       (1) Notwithstanding division (B) of this section, the terms 33
of office of the three members whose terms under division (B) of 34
this section otherwise are scheduled to expire on September 20, 35
2008, shall expire, and their successors shall be appointed, as 36
follows: 37

       (a) The term of one of those members shall expire on 38
September 20, 2007. The governor in office on that date shall 39
determine which member's term shall expire on that date. The 40
governor, with the advice and consent of the senate, shall appoint 41
a successor for a term beginning on September 21, 2007, and ending 42
on February 29, 2016. 43

       (b) The term of another of those members shall expire on 44
February 29, 2008. The governor in office on that date shall 45
determine which member's term shall expire on that date. The 46
governor, with the advice and consent of the senate, shall appoint 47
a successor for a term beginning on March 1, 2008, and ending on 48
February 28, 2017. 49

       (c) The term of the third of those members shall expire on 50
February 28, 2009. The governor, with the advice and consent of 51
the senate, shall appoint a successor for a term beginning on 52
March 1, 2009, and ending on February 28, 2018. 53

       (2) Notwithstanding division (B) of this section, the terms 54
of office of the three members whose terms under division (B) of 55
this section otherwise are scheduled to expire on September 20, 56
2011, shall expire, and their successors shall be appointed, as 57
follows: 58

       (a) The term of one of those members shall expire on February 59
28, 2010. The governor in office on that date shall determine 60
which member's term shall expire on that date. The governor, with 61
the advice and consent of the senate, shall appoint a successor 62
for a term beginning on March 1, 2010, and ending on February 28, 63
2019. 64

       (b) The term of another of those members shall expire on 65
February 28, 2011. The governor in office on that date shall 66
determine which member's term shall expire on that date. The 67
governor, with the advice and consent of the senate, shall appoint 68
a successor for a term beginning on March 1, 2011, and ending on 69
February 29, 2020. 70

       (c) The term of the third of those members shall expire on 71
February 29, 2012. The governor, with the advice and consent of 72
the senate, shall appoint a successor for a term beginning on 73
March 1, 2012, and ending on February 28, 2021. 74

       (3) Notwithstanding division (B) of this section, the terms 75
of office of the three members whose terms under division (B) of 76
this section otherwise are scheduled to expire on September 20, 77
2014, shall expire, and their successors shall be appointed, as 78
follows: 79

       (a) The term of one of those members shall expire on February 80
28, 2013. The governor in office on that date shall determine 81
which member's term shall expire on that date. The governor, with 82
the advice and consent of the senate, shall appoint a successor 83
for a term beginning on March 1, 2013, and ending on February 28, 84
2022. 85

       (b) The term of another of those members shall expire on 86
February 28, 2014. The governor in office on that date shall 87
determine which member's term shall expire on that date. The 88
governor, with the advice and consent of the senate, shall appoint 89
a successor for a term beginning on March 1, 2014, and ending on 90
February 28, 2023. 91

       (c) The term of the third of those members shall expire on 92
February 28, 2015. The governor, with the advice and consent of 93
the senate, shall appoint a successor for a term beginning on 94
March 1, 2015, and ending on February 29, 2024. 95

       Thereafter, the terms of office of all subsequent members of 96
the board of regents shall be for nine years beginning on the 97
first day of March and ending on the last day of February. 98

       (D) Except as provided in division (C) of this section, each 99
member shall hold office from the date of ~~his~~ appointment until 100
the end of the term for which hethe member was appointed. Any 101
member appointed to fill a vacancy occurring prior to the 102
expiration of the term for which ~~his~~the member's predecessor was 103
appointed shall hold office for the remainder of ~~such~~that term. 104
Any member shall continue in office subsequent to the expiration 105
date of ~~his~~the member's term until ~~his~~a successor takes office, 106
or until a period of sixty days has elapsed, whichever occurs 107
first. 108

       No person who has served a full nine-year term shall be 109
eligible for reappointment. 110

       (E) Board members shall serve without compensation, but shall 111
be reimbursed for necessary expenses incurred in the conduct of 112
board business. 113

       Sec. 3333.03. (A) The Ohio board of regents shall appoint a 114
chancellor, subject to approval of the governor, to serve at ~~its~~ 115
the pleasure ~~and~~of the board. The board of regents shall 116
prescribe the chancellor's duties~~. The board~~and shall fix the 117
compensation for the chancellor. 118

       (B) The chancellor shall be a member of the governor's 119
cabinet. 120

       (C) The chancellor is the administrative officer of the 121
board, and is responsible for appointing and fixing the 122
compensation of all professional, administrative, and clerical 123
employees and staff members necessary to assist the board and the 124
chancellor in the performance of their duties. All employees and 125
staff shall serve at the chancellor's pleasure. The chancellor 126
shall be a person qualified by training and experience to 127
understand the problems and needs of the state in the field of 128
higher education and to devise programs, plans, and methods of 129
solving the problems and meeting the needs. 130

       ~~(C)~~(D) Neither the chancellor nor any staff member or 131
employee of the board shall be a trustee, officer, or employee of 132
any public or private college or university while serving on the 133
board. 134

       Sec. 3333.04. The Ohio board of regents shall: 135

       (A) Make studies of and assess state policy in the field of 136
higher education and formulate a master plan ~~for~~to improve higher 137
education for the state, considering the needs of the people, the 138
needs of the state, and the role of individual public and private 139
institutions within the state in fulfilling these needs;. The 140
master plan, which the board of regents shall review and update at 141
least every two years, shall include goals for higher education in 142
the state in at least the following areas: 143

       (1) Seamless access to affordable, high-quality higher 144
education for all Ohioans, including rigorous academic preparation 145
in high school and ease of credit transfer regardless of where or 146
when a student initially enrolls in an institution of higher 147
education; 148

       (2) Student success and degree attainment relative to the 149
needs of the state; 150

       (3) Identification and evaluation of emerging and existing 151
academic programs of distinction and excellence; 152

       (4) Elimination of unnecessary duplication in programs, 153
services, and facilities both statewide and regionally; 154

       (5) Achievement of Ohioans' scientific and technical 155
competence to meet the workforce needs of the twenty-first century 156
economy; 157

       (6) Research and workforce development programs to create 158
economic opportunities. 159

       (B)(1) Report annually to the governor and the general 160
assembly on the findings from its studies ~~and~~, implementation of 161
the master plan for higher education for the state and progress 162
toward the goals included in the plan, and the impact of the 163
master plan on state funding for higher education; 164

       (2) Report at least semiannually to the general assembly and 165
the governor the enrollment numbers at each state-assisted 166
institution of higher education and the impact of those numbers on 167
state funding for each institution. 168

       (C) Approve or disapprove the establishment, dissolution, or 169
consolidation of ~~new~~ branches or academic centers of state 170
colleges and universities; 171

       (D) Approve or disapprove the establishment of community 172
colleges, state community colleges, technical colleges, or any 173
other state institution of higher education; 174

       (E) ~~Recommend~~Determine the nature of the programs, 175
undergraduate, graduate, professional, workforce training, 176
state-financed research, and public services ~~which should be~~ 177
offered by the state colleges, universities, and other 178
state-assisted institutions of higher education ~~in order~~. The 179
board shall review the programs and services offered annually. In 180
making its determinations, the board shall consider the following: 181

       (1) How to utilize to the best advantage ~~their~~the combined 182
facilities, subject-matter expertise, and personnel of the 183
institutions; 184

       (2) Appropriate opportunities for campuses to collaborate in 185
the provision of programs or services and to share faculty, 186
facilities, and administrative support; 187

       (3) Ways to provide a cost-effective system of higher 188
education for the state. 189

       (F) ~~Recommend to~~After consultation with the state colleges, 190
universities, and other state-assisted institutions of higher 191
education ~~graduate or professional programs, including, but not~~ 192
~~limited to, doctor of philosophy, doctor of education, and juris~~ 193
~~doctor programs, that could be eliminated because they constitute~~ 194
~~unnecessary duplication, as shall be determined using the process~~ 195
~~developed pursuant to this section, or for other good and~~ 196
~~sufficient cause. For purposes of determining the amounts of any~~ 197
~~state instructional subsidies paid to these colleges,~~ 198
~~universities, and institutions, the board may exclude students~~ 199
~~enrolled in any program that the board has recommended for~~ 200
~~elimination pursuant to this division except that the board shall~~ 201
~~not exclude any such student who enrolled in the program prior to~~ 202
~~the date on which the board initially commences to exclude~~ 203
~~students under this division. The board of regents and these~~ 204
~~colleges, universities, and institutions shall jointly develop a~~ 205
~~process for determining which existing graduate or professional~~ 206
~~programs~~and their boards of trustees, eliminate degrees and 207
programs that constitute unnecessary duplication or do not meet 208
the state's current needs. After the board's initial decision to 209
eliminate a degree or program offered by an institution, any 210
payment of state operational support to the institution for that 211
degree or program shall include only those students who were 212
enrolled in the degree or program on the date of the board's 213
decision and shall continue only until a date specified by the 214
board for withdrawal of all state operational support for the 215
degree or program. In specifying a date for withdrawal of all 216
state operational support for the degree or program, the board 217
shall provide a reasonable amount of time, as determined by the 218
board, for students enrolled in the degree or program at the time 219
of the board's initial elimination decision to complete the degree 220
or program. 221

       (G) ~~Recommend to~~Determine, in consultation with the state 222
colleges, universities, and other state-assisted institutions of 223
higher education and their boards of trustees, programs ~~which~~ 224
~~should be added~~to add to ~~their~~the institutions' present 225
programs;. The board's determinations shall focus on increasing 226
enrollments, degrees, and programs in the fields of science, 227
technology, engineering, and mathematics. 228

       (H) Conduct studies for the state colleges, universities, and 229
other state-assisted institutions of higher education and their 230
boards of trustees to assist them in making the best and most 231
efficient use of their existing facilities and personnel; 232

       (I) Make recommendations to the governor and general assembly 233
concerning the development of state-financed capital plans for 234
higher education, including the allocation of state capital 235
support for individual institutions and for needed maintenance; 236
the establishment of new state colleges, universities, and other 237
state-assisted institutions of higher education; and the 238
establishment of new programs at the existing state colleges, 239
universities, and other institutions of higher education; 240

       (J) Review the appropriation requests of the public community 241
colleges and the state colleges and universities and submit to the 242
office of budget and management and to the chairpersons of the 243
finance committees of the house of representatives and of the 244
senate its recommendations in regard to the biennial higher 245
education appropriation for the state, including appropriations 246
for the individual state colleges and universities and public 247
community colleges. For the purpose of determining the amounts of 248
instructional subsidies to be paid to state-assisted colleges and 249
universities, the board shall define "full-time equivalent 250
student" by program per academic year. The definition may take 251
into account the establishment of minimum enrollment levels in 252
technical education programs below which support allowances will 253
not be paid. Except as otherwise provided in this section, the 254
board shall make no change in the definition of "full-time 255
equivalent student" in effect on November 15, 1981, which would 256
increase or decrease the number of subsidy-eligible full-time 257
equivalent students, without first submitting a fiscal impact 258
statement to the president of the senate, the speaker of the house 259
of representatives, the legislative service commission, and the 260
director of budget and management. The board shall work in close 261
cooperation with the director of budget and management in this 262
respect and in all other matters concerning the expenditures of 263
appropriated funds by state colleges, universities, and other 264
institutions of higher education. 265

       (K) Seek the cooperation and advice of the officers and 266
trustees of both public and private colleges, universities, and 267
other institutions of higher education in the state in ~~performing~~ 268
~~its duties and making its~~establishing statewide plans,and goals 269
and conducting studies~~, and recommendations~~; 270

       (L) Appoint advisory committees consisting of persons 271
associated with public or private secondary schools, members of 272
the state board of education, or personnel of the state department 273
of education; 274

       (M) Appoint advisory committees consisting of college and 275
university personnel, or other persons knowledgeable in the field 276
of higher education, or both, in order to obtain their advice and 277
assistance in defining and suggesting solutions for the problems 278
and needs of higher education in this state; 279

       (N) Approve or disapprove all new degrees and new degree 280
programs at all state colleges, universities, and other 281
state-assisted institutions of higher education; 282

       (O) Adopt such rules as are necessary to carry out its duties 283
and responsibilities; 284

       (P) ~~Establish and submit to the governor and the general~~ 285
~~assembly a clear and measurable set of goals and timetables for~~ 286
~~their achievement for each program under the supervision of the~~ 287
~~board that is designed to accomplish any of the following:~~ 288

       ~~(1) Increased access to higher education;~~ 289

       ~~(2) Job training;~~ 290

       ~~(3) Adult literacy;~~ 291

       ~~(4) Research;~~ 292

       ~~(5) Excellence in higher education;~~ 293

       ~~(6) Reduction in the number of graduate programs within the~~ 294
~~same subject area.~~ 295

       ~~In July of each odd-numbered year, the board of regents shall~~ 296
~~submit to the governor and the general assembly a report on~~ 297
~~progress made toward these goals~~Create a standardized statewide 298
community college system to provide Ohioans with low-cost access 299
to the first two years of college. The system shall enable all 300
Ohioans, regardless of the area of the state in which they reside, 301
to have access to similar postsecondary coursework at comparable 302
instructional rates, as determined by the board. In creating the 303
system, the board shall make use of the facilities of existing 304
technical colleges and university branches and of the services, 305
including distance learning, provided by existing state-assisted 306
institutions of higher education. 307

       (Q) Make recommendations to the governor and the general 308
assembly regarding the design and funding of the student financial 309
aid programs specified in sections 3333.12, 3333.122, 3333.21 to 310
3333.27, and 5910.02 of the Revised Code; 311

       (R) Participate in education-related state or federal 312
programs on behalf of the state and assume responsibility for the 313
administration of such programs in accordance with applicable 314
state or federal law; 315

       (S) Adopt rules for student financial aid programs as 316
required by sections 3333.12, 3333.122, 3333.21 to 3333.27, 317
3333.28, 3333.29, and 5910.02 of the Revised Code, and perform any 318
other administrative functions assigned to the board by those 319
sections; 320

       (T) Administer contracts under sections 3702.74 and 3702.75 321
of the Revised Code in accordance with rules adopted by the 322
director of health under section 3702.79 of the Revised Code; 323

       (U) Conduct enrollment audits of state-supported institutions 324
of higher education; 325

       (V) Appoint consortiums of college and university personnel 326
to participate in the development and operation of statewide 327
collaborative efforts, including the Ohio supercomputer center, 328
the Ohio academic resources network, OhioLink, and the Ohio 329
learning network. For each consortium, the board shall designate a 330
college or university to serve as that consortium's fiscal agent, 331
financial officer, and employer. Any funds appropriated to the 332
board for consortiums shall be distributed to the fiscal agents 333
for the operation of the consortiums. A consortium shall follow 334
the rules of the college or university that serves as its fiscal 335
agent. 336

       (W) Expand programs dedicated to increasing access to 337
postsecondary education with the goal of increasing college access 338
for all counties in the state and improving the availability of 339
affordable postsecondary opportunities for traditional and 340
non-traditional students. The board shall work with the student 341
access and success coordinating council of Ohio to convene 342
representatives of all access programs to increase communication 343
and collaboration. 344

       (X) Administer contracts to execute the duties of the board 345
and the chancellor of the board as prescribed by this chapter; 346

       (Y) Consult with representatives of institutions of higher 347
education, business, and government and with community leaders as 348
necessary to develop plans for carrying out the duties of the 349
board. 350

       Sec. 3333.05. The Ohio board of regents shall approve or 351
disapprove proposed official plans of community college districts, 352
prepared and submitted pursuant to sections 3354.01 to 3354.18, 353
inclusive, of the Revised Code, and issue or decline to issue 354
charters for operation of community colleges, pursuant to section 355
3354.07 of the Revised Code. 356

       The board shall approve an official plan, and issue a 357
charter, only upon the following findings: 358

       (A) That the official plan and all past and proposed actions 359
of the community college district are in conformity to law; 360

       (B) That the proposed community college will not unreasonably 361
and wastefully duplicate existing educational services available 362
to students and prospective students residing in the community 363
college district; 364

       (C) That there is reasonable prospect of adequate current 365
operating revenue for the proposed community college from its 366
proposed opening date of operation; 367

       (D) That the proposed lands and facilities of the community 368
colleges will be adequate and efficient for the purposes of the 369
proposed community college; 370

       (E) That the proposed curricular programs defined in section 371
3354.01 of the Revised Code as "arts and sciences" and 372
"technical," or either, are the programs for which there is 373
substantial need in the territory of the district. 374

       The employment and separation of individual personnel in a 375
community college~~, and the establishing or abolishing of~~ 376
~~individual courses of instruction,~~ shall not be subject to the 377
specific and individual approval or disapproval of the Ohio board 378
of regents, but shall occur in the discretion of the local 379
management of such college within the limitations of law, the 380
official plan, and the charter of such college. 381

       Sec. 3333.07. (A) Colleges, universities, and other 382
institutions of higher education which receive state assistance, 383
but are not supported primarily by the state, shall submit to the 384
Ohio board of regents such accounting of the expenditure of state 385
funds at such time and in such form as the board prescribes. 386

       (B) No state institution of higher education shall establish 387
a new branch or academic center without the approval of the board. 388

       (C) No state institution of higher education shall offer a 389
new degree or establish a new degree program without the approval 390
of the board. No degree approval shall be given for a technical 391
education program unless such program is offered by a state 392
assisted university, a university branch, a technical college, or 393
a community college. 394

       (D) ~~Any state college, university, or other state assisted~~ 395
~~institution of higher education not complying with a~~ 396
~~recommendation of the board pursuant to division (F) or (G) of~~ 397
~~section 3333.04 of the Revised Code shall so notify the board in~~ 398
~~writing within one hundred twenty days after receipt of the~~ 399
~~recommendation, stating the reasons why it cannot or should not~~ 400
~~comply.~~ 401

       ~~(E)~~ The officers, trustees, and employees of all institutions 402
of higher education which are state supported or state assisted 403
shall cooperate with the board in supplying information regarding 404
their institutions, and advising and assisting the board on 405
matters of higher education in this state in every way possible 406
when so requested by the board. 407

       ~~(F)~~(E) Persons associated with the public school systems in 408
this state, personnel of the state department of education, and 409
members of the state board of education shall provide such data 410
about high school students as are requested by the board of 411
regents to aid in the development of state higher education plans. 412

       Sec. 3333.10. (A) As used in this section: 413

       (1) "Qualified institution of higher education" or 414
"institution" means a nonprofit educational institution, holding 415
an effective certificate of authorization issued by the Ohio board 416
of regents under section 1713.02 of the Revised Code, operating in 417
the state an eligible program, and admitting students without 418
discrimination by reason of race, creed, color, or national 419
origin. 420

       (2) "School of dentistry" means an accredited dental college 421
as defined under section 4715.10 of the Revised Code. 422

       (3) "Eligible program" means a medical school accredited by 423
the liaison committee on medical education or an osteopathic 424
medical school accredited by the American osteopathic association, 425
or such a school together with a school of dentistry. 426

       (B) In order to provide better for the public health and the 427
necessary enhancement of instruction in medicine and dentistry in 428
the state, and to encourage the means of such instruction with the 429
least economic cost to the people of the state, the Ohio board of 430
regents may enter into agreements with qualified institutions of 431
higher education providing for the continued operation by the 432
institution of eligible programs, conditioned upon continued 433
payments by the state to such institution for the purposes of such 434
eligible programs of amounts determined in the manner provided for 435
the state subsidy from time to time afforded to state universities 436
on the basis of comparable programs. Before entering into such 437
agreement, the Ohio board of regents shall determine that the 438
institution is a qualified institution of higher education as 439
defined in division (A) of this section, and that the operation of 440
such eligible programs as provided for in such agreement and such 441
payments will contribute to the objectives stated in this section 442
and to the objectives of the master plan of higher education 443
formulated under section 3333.04 of the Revised Code. 444

       (C) Agreements under this section shall contain provisions to 445
the effect that: 446

       (1) The institution shall submit to the Ohio board of regents 447
accountings for the expenditure of state payments in the manner 448
and at the times as are requested for state-assisted institutions 449
of higher education pursuant to division (A) of section 3333.07 of 450
the Revised Code. 451

       (2) ~~The institution shall notify the Ohio board of regents in~~ 452
~~the manner provided for state-assisted institutions under division~~ 453
~~(D) of section 3333.07 of the Revised Code with regard to program~~ 454
~~recommendations by the Ohio board of regents in the nature of~~ 455
~~those provided for in divisions (F) and (G) of section 3333.04 of~~ 456
~~the Revised Code.~~ 457

       ~~(3)~~ The agreement shall terminate if the institution ceases 458
to be a qualified institution of higher education as determined by 459
the Ohio board of regents in accordance with Chapter 119. of the 460
Revised Code. 461

       (D) Agreements under this section may make further provision 462
for any one or more of the following as the parties determine: 463

       (1) The duration of any such agreement, or additional 464
provision for terminating the agreement; 465

       (2) Additional conditions for the effectiveness or continued 466
effectiveness of such agreement; 467

       (3) Procedures for the amendment or supplementation of the 468
agreement, including designation of the parties to approve or 469
execute such amendments or supplements; 470

       (4) Such other provisions as may be deemed necessary or 471
appropriate. 472

       (E) In case any provision or part of this section or any 473
provision, agreement, covenant, stipulation, obligation, act or 474
action, or part thereof, made, assumed, or taken under or pursuant 475
to this section, or any application thereof, is for any reason 476
held to be illegal or invalid, such illegality or invalidity shall 477
not affect the remainder thereof or any other provision of this 478
section or any other provision, agreement, covenant, stipulation, 479
obligation, action, or part thereof, made, assumed, or taken under 480
or pursuant to this section, which shall be construed and enforced 481
as if such illegal or invalid portion were not contained therein, 482
nor shall such illegality or invalidity of any application thereof 483
affect any legal and valid application thereof, and each such 484
provision, agreement, covenant, stipulation, obligation, act, or 485
action, or part thereof, shall be deemed to be effective, 486
operative, made, done, or entered into in the manner and to the 487
full extent permitted by law to accomplish most nearly the 488
intention thereof. 489

       (F) No agreement shall be entered into under this section 490
with any institution which is not in compliance with section 491
3333.11 of the Revised Code. 492

       Sec. 3333.45. (A) Not later than the fifteenth day of July 493
each year, the Ohio board of regents shall do both of the 494
following: 495

       (1) Establish a minimum and maximum amount of combined 496
in-state undergraduate instructional and general fees to be 497
charged by community colleges, state community colleges, technical 498
colleges, and university branches in the subsequent academic year. 499
The board of regents shall establish separate amounts for each 500
type of institution. 501

       (2) Establish a minimum and maximum amount of combined 502
in-state undergraduate instructional and general fees to be 503
charged by each of the state universities listed in section 504
3345.011 of the Revised Code and the northeastern Ohio 505
universities college of medicine in the subsequent academic year. 506
The board of regents shall establish separate amounts for each 507
individual institution. 508

       (B) The board of trustees or managing authority of each state 509
institution of higher education shall determine an amount within 510
the range established for the institution under this section that 511
the institution will charge for combined in-state undergraduate 512
instructional and general fees in the applicable academic year. 513
With the approval of the board of regents, the board of trustees 514
or managing authority may set different amounts of combined 515
in-state undergraduate instructional and general fees for 516
different programs, provided that each amount is within the range 517
established for the institution. No state institution of higher 518
education shall charge combined in-state undergraduate 519
instructional and general fees that are outside of the range 520
established for the institution under this section. 521

       (C) In establishing a range for combined in-state 522
undergraduate instructional and general fees charged by a state 523
institution of higher education under this section, the board of 524
regents shall consider the total amount of state operational 525
support per full-time-equivalent student the institution is 526
estimated to receive in the academic year for which the range is 527
being established and any other financial factors affecting the 528
institution. 529

       (D) The board of regents shall define "academic year" for 530
purposes of this section. 531

       Sec. 3333.46. As used in this section, "state institution of 532
higher education" has the same meaning as in section 3345.011 of 533
the Revised Code. 534

       (A) The Ohio higher education purchasing commission is hereby 535
established. The commission shall include the following members: 536

       (1) Representatives of state institutions of higher 537
education, appointed by the Ohio board of regents; 538

       (2) Employees of the board of regents, appointed by the 539
board; 540

       (3) Representatives of the department of administrative 541
services, appointed by the director of administrative services. 542

       (B) The commission shall identify areas in which joint 543
purchasing on a statewide or regional basis may result in cost 544
savings for state institutions of higher education. The commission 545
shall consider the feasibility of joint purchasing of supplies, 546
health insurance, and any services other than instructional 547
services. 548

       (C) If the commission determines that supplies or services 549
should be jointly purchased, the commission shall direct the 550
department of administrative services or a state institution of 551
higher education to enter into a joint purchasing contract for the 552
supplies or services. The commission shall advise the department 553
or institution in the negotiation of the contract and shall 554
designate state institutions of higher education to be covered by 555
the contract. Except as provided in division (D) of this section, 556
each state institution of higher education designated by the 557
commission shall comply with all terms of the contract. 558

       (D) Prior to the negotiation of any joint purchasing contract 559
under this section, the commission shall notify each state 560
institution of higher education that it designates to be covered 561
by the contract. The board of trustees or managing authority of 562
any state institution of higher education designated by the 563
commission may seek a waiver from the contract by appealing the 564
designation to the commission. The commission shall grant a waiver 565
to the institution only if the commission determines that the 566
board of trustees or managing authority has provided sufficient 567
evidence that the institution is able to procure similar supplies 568
or services on its own at a lower cost. 569

       (E) The commission shall provide model contracts for state 570
institutions of higher education to use when negotiating joint 571
purchasing contracts under this section. The commission may use 572
contracts negotiated by the department of administrative services, 573
the inter-university council purchasing group of Ohio, or the 574
midwestern higher education commission for this purpose. 575

       Sec. 3333.99. Except as expressly provided in ~~Chapter 3333.~~ 576
this chapter and section 3345.02 of the Revised Code, nothing in 577
~~such Chapter~~this chapter shall be construed to deprive the 578
governing boards of the state colleges and universities of the 579
duties and powers conferred upon them by law in the government of 580
the institutions under their control. 581

       The Ohio board of regents shall not have the authority to 582
eliminate a program that a governing board is specifically 583
required to establish and maintain under any other section of the 584
Revised Code. 585

       Sec. 3345.02. (A) As used in this section, "state 586
institution of higher education" has the same meaning as in 587
section 3345.011 of the Revised Code. 588

       (B) The board of trustees or managing authority of each state 589
institution of higher education shall comply with all of the 590
following: 591

       (1) A decision of the Ohio board of regents, under division 592
(F) of section 3333.04 of the Revised Code, to eliminate a 593
particular degree or program offered by the institution. After the 594
date of the board of regents' initial decision to eliminate the 595
degree or program, the institution shall cease enrolling new 596
students in the degree or program. Beginning on the date specified 597
by the board of regents for withdrawal of all state operational 598
support for the degree or program, the institution shall cease to 599
offer the degree or program. In no case shall the institution use 600
other funds to support continuation of the eliminated degree or 601
program. 602

       (2) A determination of the board of regents, under division 603
(G) of section 3333.04 of the Revised Code, that the institution 604
add a particular program to its present offerings; 605

       (3) Any directive of the board of regents relative to the 606
creation of a standardized statewide community college system 607
under division (P) of section 3333.04 of the Revised Code, 608
provided compliance with the directive does not violate any other 609
provision of the Revised Code; 610

       (4) Any directive of the Ohio higher education purchasing 611
commission issued under section 3333.46 of the Revised Code, 612
unless the commission grants the institution a waiver pursuant to 613
that section. 614

       (C) The board of regents may withhold state operational 615
support from any state institution of higher education that fails 616
to comply with this section. 617

       Section 2. That existing sections 3333.01, 3333.03, 3333.04, 618
3333.05, 3333.07, 3333.10, and 3333.99 of the Revised Code are 619
hereby repealed. 620

Section 1. That sections 3333.01, 3333.03, 3333.04, 3333.05,	12
3333.07, 3333.10, and 3333.99 be amended and sections 3333.45,	13
3333.46, and 3345.02 of the Revised Code be enacted to read as	14
follows:	15

Sec. 3333.01. (A) There is hereby created the Ohio board of	16
regents consisting of nine members to be appointed by the governor	17
with the advice and consent of the senate. The members shall be	18
residents of this state who possess an interest in and knowledge	19
of higher education. No member shall be a trustee, officer, or	20
employee of any Ohio public or private college or university while	21
serving as a member of the board. In addition to the members	22
appointed by the governor, the ~~chairman~~chairperson of the	23
education committee of the senate and the ~~chairman~~chairperson of	24
the education committee of the house of representatives shall,	25
after January 1, 1967, be ex officio members of the board without	26
a vote.	27

~~Terms~~(B) Prior to September 20, 2007, terms of office shall	28
be for nine years, commencing on the twenty-first day of September	29
and ending on the twentieth day of September. ~~Each~~	30

(C) Beginning on September 20, 2007, the terms of office for	31
the members of the board of regents shall be as follows:	32

(1) Notwithstanding division (B) of this section, the terms	33
of office of the three members whose terms under division (B) of	34
this section otherwise are scheduled to expire on September 20,	35
2008, shall expire, and their successors shall be appointed, as	36
follows:	37

(a) The term of one of those members shall expire on	38
September 20, 2007. The governor in office on that date shall	39
determine which member's term shall expire on that date. The	40
governor, with the advice and consent of the senate, shall appoint	41
a successor for a term beginning on September 21, 2007, and ending	42
on February 29, 2016.	43

(b) The term of another of those members shall expire on	44
February 29, 2008. The governor in office on that date shall	45
determine which member's term shall expire on that date. The	46
governor, with the advice and consent of the senate, shall appoint	47
a successor for a term beginning on March 1, 2008, and ending on	48
February 28, 2017.	49

(c) The term of the third of those members shall expire on	50
February 28, 2009. The governor, with the advice and consent of	51
the senate, shall appoint a successor for a term beginning on	52
March 1, 2009, and ending on February 28, 2018.	53

(2) Notwithstanding division (B) of this section, the terms	54
of office of the three members whose terms under division (B) of	55
this section otherwise are scheduled to expire on September 20,	56
2011, shall expire, and their successors shall be appointed, as	57
follows:	58

(a) The term of one of those members shall expire on February	59
28, 2010. The governor in office on that date shall determine	60
which member's term shall expire on that date. The governor, with	61
the advice and consent of the senate, shall appoint a successor	62
for a term beginning on March 1, 2010, and ending on February 28,	63
2019.	64

(b) The term of another of those members shall expire on	65
February 28, 2011. The governor in office on that date shall	66
determine which member's term shall expire on that date. The	67
governor, with the advice and consent of the senate, shall appoint	68
a successor for a term beginning on March 1, 2011, and ending on	69
February 29, 2020.	70

(c) The term of the third of those members shall expire on	71
February 29, 2012. The governor, with the advice and consent of	72
the senate, shall appoint a successor for a term beginning on	73
March 1, 2012, and ending on February 28, 2021.	74

(3) Notwithstanding division (B) of this section, the terms	75
of office of the three members whose terms under division (B) of	76
this section otherwise are scheduled to expire on September 20,	77
2014, shall expire, and their successors shall be appointed, as	78
follows:	79

(a) The term of one of those members shall expire on February	80
28, 2013. The governor in office on that date shall determine	81
which member's term shall expire on that date. The governor, with	82
the advice and consent of the senate, shall appoint a successor	83
for a term beginning on March 1, 2013, and ending on February 28,	84
2022.	85

(b) The term of another of those members shall expire on	86
February 28, 2014. The governor in office on that date shall	87
determine which member's term shall expire on that date. The	88
governor, with the advice and consent of the senate, shall appoint	89
a successor for a term beginning on March 1, 2014, and ending on	90
February 28, 2023.	91

(c) The term of the third of those members shall expire on	92
February 28, 2015. The governor, with the advice and consent of	93
the senate, shall appoint a successor for a term beginning on	94
March 1, 2015, and ending on February 29, 2024.	95

Thereafter, the terms of office of all subsequent members of	96
the board of regents shall be for nine years beginning on the	97
first day of March and ending on the last day of February.	98

(D) Except as provided in division (C) of this section, each	99
member shall hold office from the date of ~~his~~ appointment until	100
the end of the term for which hethe member was appointed. Any	101
member appointed to fill a vacancy occurring prior to the	102
expiration of the term for which ~~his~~the member's predecessor was	103
appointed shall hold office for the remainder of ~~such~~that term.	104
Any member shall continue in office subsequent to the expiration	105
date of ~~his~~the member's term until ~~his~~a successor takes office,	106
or until a period of sixty days has elapsed, whichever occurs	107
first.	108

No person who has served a full nine-year term shall be	109
eligible for reappointment.	110

(E) Board members shall serve without compensation, but shall	111
be reimbursed for necessary expenses incurred in the conduct of	112
board business.	113

Sec. 3333.03. (A) The Ohio board of regents shall appoint a	114
chancellor, subject to approval of the governor, to serve at ~~its~~	115
the pleasure ~~and~~of the board. The board of regents shall	116
prescribe the chancellor's duties~~. The board~~and shall fix the	117
compensation for the chancellor.	118

(B) The chancellor shall be a member of the governor's	119
cabinet.	120

(C) The chancellor is the administrative officer of the	121
board, and is responsible for appointing and fixing the	122
compensation of all professional, administrative, and clerical	123
employees and staff members necessary to assist the board and the	124
chancellor in the performance of their duties. All employees and	125
staff shall serve at the chancellor's pleasure. The chancellor	126
shall be a person qualified by training and experience to	127
understand the problems and needs of the state in the field of	128
higher education and to devise programs, plans, and methods of	129
solving the problems and meeting the needs.	130

~~(C)~~(D) Neither the chancellor nor any staff member or	131
employee of the board shall be a trustee, officer, or employee of	132
any public or private college or university while serving on the	133
board.	134

(A) Make studies of and assess state policy in the field of	136
higher education and formulate a master plan ~~for~~to improve higher	137
education for the state, considering the needs of the people, the	138
needs of the state, and the role of individual public and private	139
institutions within the state in fulfilling these needs;. The	140
master plan, which the board of regents shall review and update at	141
least every two years, shall include goals for higher education in	142
the state in at least the following areas:	143

(1) Seamless access to affordable, high-quality higher	144
education for all Ohioans, including rigorous academic preparation	145
in high school and ease of credit transfer regardless of where or	146
when a student initially enrolls in an institution of higher	147
education;	148

(2) Student success and degree attainment relative to the	149
needs of the state;	150

(3) Identification and evaluation of emerging and existing	151
academic programs of distinction and excellence;	152

(4) Elimination of unnecessary duplication in programs,	153
services, and facilities both statewide and regionally;	154

(5) Achievement of Ohioans' scientific and technical	155
competence to meet the workforce needs of the twenty-first century	156
economy;	157