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(122nd General Assembly)(Substitute House Bill Number 147)
AN ACT
To amend sections 3301.08, 3301.80, 3334.03, 3334.07, 3334.12, and
3345.27 of the
Revised
Code
and to amend
Section 50.43 of Am. Sub. H.B. 215 of the 122nd General
Assembly, as subsequently amended,
to allow certain senior citizens
to receive tuition-free college credit,
to add two gubernatorial
appointees to the Ohio Tuition Trust Authority, to permit mid-year adjustments
in the price of tuition credits when the Authority determines necessary to
ensure the actuarial soundness of the Ohio Tuition Trust Fund, to permit
the executive director of the Authority to provide for mid-year actuarial
evaluations of the Fund,
to remove the limitation
on
the pay of the Superintendent of Public Instruction,
to change the
name of the "Information, Learning, and Technology Authority" to
the "Ohio SchoolNet Commission," to extend the deadline for the
Ohio Schools Technology Implementation Task Force report, and to
continue the membership of that task force until the report is
issued.
Be it enacted by the General Assembly of the State of Ohio:
SECTION 1 . That sections 3301.08, 3301.80, 3334.03, 3334.07, 3334.12, and
3345.27 of the Revised
Code be amended to read as follows:
Sec. 3301.08. The state board of education shall appoint
the superintendent of public instruction, who shall serve at the
pleasure of the board. The board shall fix the compensation for
the position of superintendent of public instruction which shall
not exceed the compensation fixed for the chancellor of the Ohio
board of regents. The superintendent of public instruction, while holding
such office, shall not hold any other office or position of
employment, or be an officer or employee of any public or private
school, or a public or private college, university, or other
institution of higher education. He The superintendent may, in
the conduct of his the superintendent's official duties, travel
within or without the state, and his the superintendent's
necessary and actual expenses therefor when properly verified
shall be paid by the state. No one who is interested financially in any book publishing
or book selling company, firm, or corporation, shall be eligible
to appointment as superintendent of public instruction. If a
superintendent becomes interested financially in any book
publishing or book selling company, firm, or corporation, said
superintendent shall forthwith be removed from office by the
state board. The interest of a person as author of a book shall
not be improper, provided such book is not one offered for use by
pupils in the public schools of Ohio. Sec. 3301.80. (A) There is hereby created the information,
learning, and technology authority Ohio
SchoolNet
commission
consisting of eleven members, seven of
whom are voting members. Of the
voting members, one shall be appointed by the speaker of
the house of representatives and one shall be appointed by the president of
the senate. The members appointed by the speaker of the house and the
president of the senate shall not be members of the general assembly. The
state superintendent of public instruction or a designee of the
superintendent, the director of the office of budget and management
or a designee of the director, the
director of administrative services or a designee of the
director, the chairperson of the public utilities commission or a designee of
the chairperson, and the director of the Ohio educational telecommunications
network commission or a designee of the director shall serve on the
committee commission
as ex officio voting members. Of the nonvoting members, two shall be members
of the house of representatives appointed by the speaker of the house of
representatives and two shall be members of the senate appointed by the
president of the senate. The members appointed from each house shall not be
members of the same political party. The terms of office for the members appointed by the speaker of the house and
the president of the senate shall be for two
years, with each term ending on the same day of the same
month as did the term that it succeeds. The members appointed by the
speaker of the house and the president of the senate may be reappointed.
Any member appointed from the house of representatives or senate who ceases to
be a member of the legislative house from which the member was appointed shall
cease to be a member of the committee. Vacancies among appointed members
shall be filled in the manner provided for original appointments. Any member
appointed to fill a vacancy occurring prior to the expiration date of the term
for which a predecessor was appointed shall hold office as a member for the
remainder of that term. The members appointed by the
speaker of the house and the president of the senate
shall continue in office subsequent to the expiration date of that member's
term until a successor takes office or until a period of sixty days has
elapsed, whichever occurs first. (2) The information, learning, and technology authority
Ohio SchoolNet commission shall
monitor and oversee the
operations of, and programs administered by, the Ohio
SchoolNet office of information,
learning, and technology services established under division (B) of this
section. In addition, the authority commission may develop and
issue policies and
directives to be followed by the Ohio
SchoolNet office of
information, learning, and
technology services in implementing the programs under its jurisdiction.
(B) The Ohio SchoolNet office of
information, learning,
and technology services is hereby
established as an independent agency. The office shall be under the
supervision of a director who
shall be appointed by the information, learning, and technology
authority Ohio SchoolNet commission.
The director shall
serve at the pleasure of the authority commission and shall
direct the
office in the
administration of all programs for the provision of financial and other
assistance to school districts and other educational institutions for the
acquisition and utilization of educational technology. The Ohio
SchoolNet office of
information, learning, and technology services shall do all of the
following: (1) Make grants to institutions and other organizations as prescribed by the
general assembly for the provision of technical assistance, professional
development, and other support services to enable school districts and other
educational institutions to utilize educational technology; (2) Contract with the department of education, state institutions of
higher education, private nonprofit institutions of higher education holding
certificates of authorization under section 1713.02 of the Revised Code, and
such other public or private entities, and employ such persons as the director
of the office deems necessary for the administration and implementation of the
programs under the office's jurisdiction; (3) Establish a reporting system to which school districts and other
educational institutions receiving financial assistance pursuant to this
section for the acquisition of educational technology report information as to
the manner in which such assistance was expended, the manner in which the
equipment or services purchased with the assistance is being utilized, the
results or outcome of this utilization, and other information as may be
required by the office; (4) Establish necessary guidelines governing purchasing and procurement by
participants in programs administered by the office that facilitate the timely
and effective implementation of such programs; (5) Implement policies and directives issued by the information, learning,
and technology authority Ohio SchoolNet
commission
established under division (A) of this section. The Ohio SchoolNet office of information,
learning, and
technology services may establish a
systems support network to facilitate the timely implementation of the
programs, projects, or activities for which it provides assistance. Chapters 123., 124., 125., and 153., and sections 9.331, 9.332,
and 9.333 of the Revised Code do not apply to contracts, programs, projects,
or activities of the information, learning, and technology authority
Ohio SchoolNet commission or
the Ohio SchoolNet office of
information, learning,
and technology services. For purposes of exercising collective bargaining rights
under Chapter 4117. of the
Revised Code, the employees of the Ohio
SchoolNet
office of information, learning, and technology services shall
be placed in a bargaining unit separate from any other
unit containing employees of the state. Sec. 3334.03. (A) There is hereby created the Ohio
tuition trust authority, which shall have the powers enumerated
in this chapter and which shall operate as a qualified state tuition
program within the meaning of section 529 of the Internal
Revenue Code. The exercise by the authority of its
powers shall be and is hereby declared an essential state governmental
function. The authority is subject to all provisions of law
generally applicable to state agencies which do not conflict with
the provisions of this chapter. (B) The Ohio tuition trust authority shall consist of nine
eleven
members, no more than five six of whom shall be of the same
political
party. Four Six members shall be appointed by the governor with
the
advice and consent of the senate as follows: one shall represent
state institutions of higher education, one shall represent
private nonprofit colleges and universities located in Ohio, one shall have
experience in the field of marketing or public relations, one shall have
experience in the field of information systems design or
management, and
two shall have experience in the field of banking, investment
banking, marketing, insurance, or law. Four members shall be
appointed by the speaker of the house of representatives and the
president of the senate as follows: the speaker of the house of
representatives shall appoint one member of the house from each
political party and the president of the senate shall appoint one
member of the senate from each political party. The chancellor
of the board of regents shall be an ex officio voting member;
provided, however, that the chancellor may designate a
vice-chancellor of the board of regents to serve as the
chancellor's
representative. The political party of the chancellor shall be
deemed the political party of the designee for purposes of
determining that no more than five six members are of the same
political party. Initial gubernatorial appointees to the authority shall
serve staggered terms, with two terms expiring on January 31,
1991, one term expiring on January 31, 1992, and one term
expiring on January 31, 1993. The governor shall appoint two additional
members to the authority no later than thirty days after the effective date of
this amendment, and their initial terms shall expire January 31,
2002. Thereafter, terms of office for
gubernatorial appointees shall be for four years. The initial
terms of the four legislative members shall expire on January 31,
1991. Thereafter legislative members shall serve two-year terms,
provided that legislative members may continue to serve on the
authority only if they remain members of the general assembly.
Any vacancy on the authority shall be filled in the same manner
as the original appointment, except that any person appointed to
fill a vacancy shall be appointed to the remainder of the
unexpired term. Any member is eligible for reappointment. (C) Any member may be removed by the appointing authority
for misfeasance, malfeasance, or willful neglect of duty or for
other cause after notice and a public hearing, unless the notice
and hearing are waived in writing by the member. Members shall
serve without compensation but shall receive their reasonable and
necessary expenses incurred in the conduct of authority business. (D) The speaker of the house of representatives and the
president of the senate shall each designate a member of the
authority to serve as co-chairpersons. The four six
gubernatorial
appointees and the chancellor of the board of regents or
the chancellor's
designee shall serve as the executive committee of the authority,
and shall elect an executive chairperson from among the
executive
committee members. The authority and the executive committee may
elect such other officers as determined by the authority or the
executive committee respectively. The authority shall meet at
least annually at the call of either co-chairperson
and at such other times as either co-chairperson or the
authority determines necessary. In the absence of both co-chairpersons,
the executive chairperson shall serve as the presiding officer of the
authority. The executive committee shall meet at the call of the executive
chairperson or as the executive committee determines
necessary. The authority may delegate to the executive committee such duties
and responsibilities as the authority determines appropriate, except
that the authority may not delegate to the executive committee
the final determination of the annual price of a tuition credit,
the final designation of bonds as college savings bonds, or the
employment of an executive director of the authority. Upon such
delegation, the executive committee shall have the authority to
act pursuant to such delegation without further approval or
action by the authority. A majority of the authority shall
constitute a quorum of the authority, and the affirmative vote of
a majority of the members present shall be necessary for any action taken by
the authority. A majority of the executive committee shall constitute a
quorum of the executive committee, and the affirmative vote of a majority of
the members present shall
be necessary for any action taken by the executive committee. No
vacancy in the membership of the authority or the executive
committee shall impair the rights of a quorum to exercise all
rights and perform all duties of the authority or the executive
committee respectively. Sec. 3334.07. (A)(1) The Ohio tuition trust authority
shall develop a plan for the sale of tuition credits.
The Ohio board of regents shall
cooperate with the authority and provide technical assistance
upon request. (B) Annually, the authority shall determine the weighted
average tuition of four-year state universities in the academic
year that begins on or after the first day of August of the
current calendar year, and shall establish the price of a tuition
credit in the ensuing sales period. Such price shall be based on
sound actuarial principles, and shall, to the extent actuarially
possible, reasonably approximate one per cent of the weighted
average tuition for that academic year plus the costs of
administering the tuition credit program that are in excess of
general revenue fund appropriations for administrative costs. The sales
period to which such price applies shall consist of
twelve months, and the authority by rule shall establish the date
on which the sales period begins. If circumstances arise during a sales
period that the authority
determines causes the price of tuition credits to be insufficient to ensure
the
actuarial soundness of the Ohio tuition trust
fund, the authority may adjust the price of tuition credits purchased during
the remainder of the sales period. To promote the purchase of
tuition credits and in accordance with actuarially sound
principles, the authority may adjust the sales price as part of
incentive programs, such as discounting for lump-sum purchases
and multi-year installment plans at a fixed rate of purchase. Sec. 3334.12. Notwithstanding anything to the contrary in
sections 3334.07 and 3334.09 of the Revised Code: (A) Annually, the Ohio tuition trust authority shall have
the actuarial soundness of the Ohio tuition trust fund evaluated
by a nationally recognized actuary and shall determine whether
additional assets are necessary to defray the obligations of the
authority. If, after the authority sets the price for tuition credits,
circumstances
arise that the executive director determines necessitate an additional
evaluation of the actuarial soundness of the fund, the executive director
shall
have a nationally recognized actuary conduct the necessary
evaluation. If the assets of the fund are insufficient to ensure
the actuarial soundness of the fund, the authority shall adjust
the price of subsequent purchases of tuition credits. (B) Upon termination of the program or liquidation of the
Ohio tuition trust fund, the Ohio tuition trust reserve fund, and
the Ohio tuition trust operating fund, any remaining assets of
the funds after all obligations of the funds have been satisfied
pursuant to division (B) of section 3334.11 of the Revised Code
shall be transferred to the general revenue fund of the state. (C) The authority shall prepare and cause to have audited
an annual financial report on all financial activity of the Ohio
tuition trust authority within ninety days of the end of the
fiscal year. The authority shall transmit a copy of the audited
financial report to the governor, the president of the senate,
the speaker of the house of representatives, and the minority
leaders of the senate and the house of representatives. Copies
of the audited financial report also shall be made available,
upon request, to the persons entering into contracts with the
authority and to prospective purchasers of tuition credits. Sec. 3345.27. (A) Each state university or college shall
permit any person who is sixty years of age or older and who has
resided in the state for at least one year to attend its courses
and classes without charging such a that person a tuition or
matriculation fee, provided such the attendance is on a
noncredit
basis, is in courses where classroom space is available, and is
approved by the instructors of the courses involved.
The
university or college may require payment of special fees,
including any laboratory fees, if such the fees are required of
all
students taking a course. Each university or college shall issue
rules for determining the availability of classroom space and may
issue such other rules as it considers necessary to implement
this section, including rules exempting from the requirements of
this section courses or classes for which special course or
training prerequisites apply, in which physical demands upon
students are inappropriate for imposition upon persons sixty
years of age or older, or in which the number of participating
regular students is insufficient to cover the university's or
college's course-related expenses. A university or college also
may extend to persons attending its courses and classes under
this section any other student rights or privileges it considers
appropriate. (B) A state
university or college may permit a person to attend its courses and classes
and to receive credit for a
course taken under the conditions set forth in division (A) of this
section if that person's family income is less than
two hundred per cent of the federal poverty guideline, as revised annually by
the United States secretary of health and human services in
accordance with section 673 of the "Community Services
Block Grant Act," 95 Stat. 511 (1981) 42
U.S.C.A. 9902, as amended, for a family
size equal to the size of the family of the person whose income is being
determined. However, a person receiving credit for attending courses or
classes under this division may be charged a tuition or matriculation fee in
an amount no greater than the amount of any part-time student instructional
grant awarded to that person by the state university or college in its
discretion. (C) For the purposes of this section, "state university or
college" means any of the following: (A)(1) State universities referred to in section 3345.011 of
the Revised Code;
(B)(2) Community colleges created pursuant to Chapter 3354.
of the Revised Code;
(C)(3) University branches created pursuant to Chapter 3355.
of the Revised Code;
(D)(4) Technical colleges created pursuant to Chapter 3357.
of the Revised Code;
(E)(5) State community colleges created pursuant to Chapter
3358. of the Revised Code;
(F)(6) Municipal educational institutions serving as
affiliated units pursuant to section 3349.31 of the Revised Code.
SECTION 2 . That existing sections 3301.08, 3301.80, 3334.03, 3334.07, 3334.12,
and 3345.27 of
the Revised Code are hereby repealed.
SECTION 3 . That Section 50.43 of Am. Sub. H.B. 215 of the 122nd General
Assembly, as amended by Am. Sub. H.B. 650 and Am. Sub. H.B. 770 of the 122nd
General Assembly, be amended to read as follows:
"Sec. 50.43. There is hereby created the Ohio Schools
Technology Implementation Task Force composed of six voting
members, three of whom shall be members of the Senate appointed
by the President of the Senate and three of whom shall be
members of the House of Representatives appointed by the Speaker
of the House of Representatives. Not more than two members from
each house shall be members of the same political party. From among these
six voting members, the President of the Senate and the Speaker of the House
of Representatives jointly shall appoint a chair of the
Task Force. The Task Force shall include as ex officio nonvoting members the
Superintendent of Public Instruction or the Superintendent's
designee; the Directors of Budget and Management, Administrative
Services, and the Ohio SchoolNet Office
of Information, Learning, and
Technology Services or their designees; a representative
designated by the head of the Ohio Education Computer Network; a
representative designated by the Chairperson of the Public
Utilities Commission of Ohio; and a representative appointed by
the Chairperson of the Ohio Education Broadcasting Network
Commission. The voting members may, by majority vote, elect to
include any number of additional nonvoting members on the Task
Force. The Legislative Service Commission and the Legislative Budget
Office of the Legislative Service Commission shall provide any
staffing assistance requested by the Task Force. The Task Force shall develop recommendations for a comprehensive
framework for coordinating the planning and implementation of
technology in Ohio schools and issue a report not later than
January 1 31, 1999. The persons serving as members of the
Task Force on January 1, 1999, shall continue to
serve on the Task Force until the report is issued unless
appointments are made to fill vacancies or unless the Speaker of the
House of Representatives or the President of the
Senate makes changes in the legislative members. Upon
issuing its report, the Task Force shall cease to
operate." SECTION 4 . That existing Section 50.43 of Am. Sub. H.B. 215 of
the 122nd General Assembly, as amended by Am. Sub. H.B. 650 and Am. Sub.
H.B. 770 of the 122nd General Assembly, is hereby repealed.
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