SENATORS Robert Gardner, Spada, Mumper, Hottinger, Furney, Wachtmann, Harris, Prentiss, Amstutz, White, Fingerhut, Blessing, Shoemaker, DiDonato

To amend sections 1713.02, 1713.03, 3332.02,

1

3333.042, 3333.043, 3333.12, 3333.18, 3333.21,

2

3333.26, 3333.37, 3365.01, 3366.01, 5107.58,

3

5910.04, and 5919.34 and to enact section 3333.046

4

of the Revised Code to permit institutions that

5

grant baccalaureate degrees approved by the board

6

of regents under section 3332.05 of the Revised

7

Code on the effective date of this act, are

8

operated by a for- profit corporation, and are not

9

state-assisted to be regulated exclusively by the

10

board of regents.

11

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

Section 1. That sections 1713.02, 1713.03, 3332.02, 3333.042,	12
3333.043, 3333.12, 3333.18, 3333.21, 3333.26, 3333.37, 3365.01,	13
3366.01, 5107.58, 5910.04, and 5919.34 be amended and that section	14
3333.046 of the Revised Code be enacted to read as follows:	15

Sec. 1713.02.  (A) Any institution described in division (A)	16
of section 1713.01 of the Revised Code may become incorporated	17
under sections 1702.01 to 1702.58 of the Revised Code.	18

(B) Except as provided in division (E) of this section, no	19
nonprofit institution or corporation of the type described in	20
division (A) of section 1713.01 of the Revised Code that is	21
established after October 13, 1967, may confer degrees, diplomas,	22
or other written evidences of proficiency or achievement, until it	23
has received a certificate of authorization issued by the Ohio	24
board of regents, nor shall any such institution or corporation	25
identify itself as a "college" or "university" unless it has	26
received a certificate of authorization from the board.	27

(C) Except as provided in division (E) of this section, no	28
institution of the type described in division (A)(3) or (B) of	29
section 1713.01 of the Revised Code that intends to offer or	30
offers a course or courses within this state, but that did not	31
offer a course or courses within this state on or before October	32
13, 1967, may confer degrees, diplomas, or other written evidences	33
of proficiency or achievement or offer any course or courses	34
within this state until it has received a certificate of	35
authorization from the Ohio board of regents, nor shall the	36
institution identify itself as a "college" or "university" unless	37
it has received such a certificate from the board.	38

(D) Each certificate of authorization shall specify the	39
diplomas or degrees authorized to be given, courses authorized to	40
be offered, and the sites at which courses are to be conducted. A	41
copy of such certificate shall be filed with the secretary of	42
state if the institution is incorporated. Any institution or	43
corporation established or that offered a course or courses of	44
instruction in this state prior to October 13, 1967, may apply to	45
the board for a certificate of authorization, and the board shall	46
issue a certificate if it finds that such institution or	47
corporation meets the requirements established pursuant to	48
sections 1713.01, 1713.02, 1713.03, 1713.04, 1713.06, 1713.09, and	49
1713.25 of the Revised Code.	50

(E) An institution that clearly identifies itself in its	51
name with the phrase "bible college" or "bible institute" and has	52
not received a certificate of authorization may confer diplomas	53
and other written evidences of proficiency or achievement other	54
than associate, baccalaureate, master's, and doctoral degrees or	55
any other type of degree and may identify itself as a "bible	56
college" if such institution:	57

(1) Prominently discloses on any transcripts, diplomas, or	58
other written evidences of proficiency or achievement, and	59
includes with any promotional material or other literature	60
intended for the public, the statement: "this institution is not	61
certified by the board of regents or the state of Ohio."	62

(2) Limits its course of instruction to religion, theology,	63
or preparation for a religious vocation, or is operated by a	64
church or religious organization and limits its instruction to	65
preparation for service to churches or other religious	66
organizations.	67

(3) Confers only diplomas and other written evidences of	68
proficiency or achievement that bear titles clearly signifying the	69
religious nature of the instruction offered by the institution.	70

(F) No Except as otherwise provided in section 3333.046 of	71
the Revised Code, no school of the type described in division (E)	72
of section 3332.01 of the Revised Code that intends to offer or	73
offers a degree program within this state or solicits students	74
within this state may confer a baccalaureate, master's, or	75
doctoral degree or solicit students for such degree programs until	76
it has received both a certificate of authorization from the board	77
of regents under this chapter and program authorization from the	78
state board of proprietary school registration for such degree	79
program under section 3332.05 of the Revised Code.	80

Sec. 1713.03.  The Ohio board of regents shall establish	81
standards for certificates of authorization to be issued to	82
institutions as defined in section 1713.01 of the Revised Code, to	83
private institutions governed by the board of regents under	84
section 3333.046 of the Revised Code, and to schools holding	85
certificates of registration issued by the state board of	86
proprietary school registration pursuant to division (C) of	87
section 3332.05 (C) of the Revised Code. A certificate of	88
authorization may permit an institution or school to award one or	89
more types of degrees.	90

The standards for a certificate of authorization may include,	91
for various types of institutions, schools, or degrees, minimum	92
qualifications for faculty, library, laboratories, and other	93
facilities as adopted and published by the Ohio board of regents.	94
The standards shall be adopted by the board pursuant to Chapter	95
119. of the Revised Code.	96

An institution or school shall apply to the board for a	97
certificate of authorization on forms containing such information	98
as is prescribed by the board. Each institution or school with a	99
certificate of authorization shall file an annual report with the	100
board in such form and containing such information as the board	101
prescribes.	102

Sec. 3332.02.  This chapter does not apply to the following	103
categories of courses, schools, or colleges:	104

(A) Tuition-free courses or schools conducted by employers	105
exclusively for their own employees;	106

(B) Nonprofit institutions with certificates of	107
authorization issued pursuant to section 1713.02 of the Revised	108
Code or that are nonprofit institutions exempted from the	109
requirement to obtain a certificate by division (E) of that	110
section;	111

(C) Schools, colleges, technical colleges, or universities	112
established by law or chartered by the Ohio board of regents;	113

(D) Courses of instruction required by law to be approved or	114
licensed, or given by institutions approved or licensed, by a	115
state board or agency other than the state board of school and	116
college registration, except that a school so approved or licensed	117
may apply to the state board of proprietary school registration	118
for a certificate of registration to be issued in accordance with	119
this chapter;	120

(E) Schools for which minimum standards are prescribed by	121
the state board of education pursuant to division (D) of section	122
3301.07 of the Revised Code;	123

(F) Courses of instruction conducted by a public school	124
district or a combination of public school districts;	125

(G) Courses of instruction conducted outside the United	126
States;	127

(H) Private institutions governed by the board of regents	128
under section 3333.046 of the Revised Code.	129

Sec. 3333.042.  The Ohio board of regents may grant money to	130
a nonprofit entity that provides a statewide resource for	131
aerospace research, education, and technology, so long as the	132
nonprofit entity makes its resources accessible to state colleges	133
and universities and to agencies of this and other states and the	134
United States. The board, by rule adopted in accordance with	135
Chapter 119. of the Revised Code, shall establish procedures and	136
forms whereby nonprofit entities may apply for grants; standards	137
and procedures for reviewing applications for and awarding grants;	138
procedures for distributing grants to recipients; procedures for	139
monitoring the use of grants by recipients; requirements,	140
procedures, and forms whereby grant recipients shall report upon	141
their use of grants; and standards and procedures for terminating	142
and requiring repayment of grants in the event of their improper	143
use.	144

A state college or university or private institution governed	145
by the board of regents under section 3333.046 of the Revised Code	146
and any agency of state government may provide assistance, in any	147
form, to any nonprofit entity that receives a grant under this	148
section. Such assistance shall be solely for the purpose of	149
assisting the nonprofit entity in making proper use of the grant.	150

A nonprofit entity that expends a grant under this section	151
for a capital project is not thereby subject to Chapter 123. or	152
153. of the Revised Code. An officer or employee of, or a person	153
who serves on a governing or advisory board or committee of, a	154
nonprofit entity that receives a grant under this section is not	155
thereby an officer or employee of a state college or university or	156
of the state. An officer or employee of a state college or	157
university or of the state who is assigned to assist a nonprofit	158
entity in making proper use of a grant does not, to the extent he	159
the officer or employee provides such assistance, thereby hold an	160
incompatible office or employment, or have a direct or indirect	161
interest in a contract or expenditure of the entity.	162

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

163

(1) "Institution of higher education" means the state	164
universities listed in section 3345.011 of the Revised Code,	165
municipal educational institutions established under Chapter 3349.	166
of the Revised Code, community colleges established under Chapter	167
3354. of the Revised Code, university branches established under	168
Chapter 3355. of the Revised Code, technical colleges established	169
under Chapter 3357. of the Revised Code, state community colleges	170
established under Chapter 3358. of the Revised Code, any	171
institution of higher education with a certificate of registration	172
from the state board of proprietary school registration, and any	173
institution for which the Ohio board of regents receives a notice	174
pursuant to division (C) of this section.	175

(2) "Community service" has the same meaning as in section	176
3313.605 of the Revised Code.	177

(B)(1) The board of trustees or other governing entity of	178
each institution of higher education shall encourage and promote	179
participation of students in community service through a program	180
appropriate to the mission, student population, and environment of	181
each institution. The program may include, but not be limited to,	182
providing information about community service opportunities during	183
student orientation or in student publications; providing awards	184
for exemplary community service; encouraging faculty members to	185
incorporate community service into students' academic experiences	186
wherever appropriate to the curriculum; encouraging recognized	187
student organizations to undertake community service projects as	188
part of their purposes; establishing advisory committees of	189
students, faculty members, and community and business leaders to	190
develop cooperative programs that benefit the community and	191
enhance student experience. The program shall be flexible in	192
design so as to permit participation by the greatest possible	193
number of students, including part-time students and students for	194
whom participation may be difficult due to financial, academic,	195
personal, or other considerations. The program shall emphasize	196
community service opportunities that can most effectively use the	197
skills of students, such as tutoring or literacy programs. The	198
programs shall encourage students to perform services that will	199
not supplant the hiring of, result in the displacement of, or	200
impair any existing employment contracts of any particular	201
employee of any private or governmental entity for which services	202
are performed.	203

(2) The Ohio board of regents shall encourage all	204
institutions of higher education in the development of community	205
service programs. With the assistance of the state community	206
service advisory committee created in section 121.40 of the	207
Revised Code, the board of regents shall make available	208
information about higher education community service programs to	209
institutions of higher education and to statewide organizations	210
involved with or promoting volunteerism, including information	211
about model community service programs, teacher training courses,	212
and community service curricula and teaching materials for	213
possible use by institutions of higher education in their	214
programs. The board shall encourage institutions of higher	215
education to jointly coordinate higher education community service	216
programs through consortia of institutions or other appropriate	217
means of coordination.	218

(C) The board of trustees of any nonprofit institution with	219
a certificate of authorization issued by the Ohio board of regents	220
pursuant to Chapter 1713. of the Revised Code or the governing	221
authority of a private institution governed by the board of	222
regents under section 3333.046 of the Revised Code may notify the	223
board of regents that it is making itself subject to divisions (A)	224
and (B) of this section. Upon receipt of such a notice, these	225
divisions shall apply to that institution.	226

Sec. 3333.046.  Any institution that grants baccalaureate or	227
master's degrees approved by the board of regents under division	228
(C) of section 3332.05 of the Revised Code on the effective date	229
of this section, that is accredited by the appropriate regional	230
and, when appropriate, professional accrediting associations	231
within whose jurisdiction it falls, and that is operated by a	232
for-profit corporation may apply to be governed exclusively by the	233
Ohio board of regents. The board shall determine the applicable	234
accreditations that each applicant institution is required to	235
possess under this section.	236

Application shall be made in writing to the board of regents	237
by the highest ranking officer of the corporation whose office is	238
in this state. The board may accept or reject the application. If	239
the board decides to accept the application, the board shall	240
assume regulation of all the programs of the institution in	241
accordance with Chapter 1713. of the Revised Code and the	242
institution ceases to be subject to any regulation under Chapter	243
3332 of the Revised Code.	244

Upon acceptance of the application, the board of regents	245
shall notify the officer of the corporation and the state board of	246
proprietary school registration of the effective date of the	247
institution's governance exclusively by the board of regents.	248

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

249

(1) "Eligible student" means an undergraduate student who	250
is:	251

(a) An Ohio resident;

252

(b) Enrolled in either of the following:

253

(i) An accredited institution of higher education in this	254
state that meets the requirements of Title VI of the Civil Rights	255
Act of 1964 and is state-assisted, is nonprofit and has a	256
certificate of authorization from the Ohio board of regents	257
pursuant to Chapter 1713. of the Revised Code, or has a	258
certificate of registration from the state board of proprietary	259
school registration and program authorization to award an	260
associate or bachelor's degree, or is a private institution	261
governed by the board of regents under section 3333.046 of the	262
Revised Code. Students who attend an institution that holds a	263
certificate of registration shall be enrolled in a program leading	264
to an associate or bachelor's degree for which associate or	265
bachelor's degree program the institution has program	266
authorization issued under section 3332.05 of the Revised Code.	267

(ii) A technical education program of at least two years'	268
duration sponsored by a private institution of higher education in	269
this state that meets the requirements of Title VI of the Civil	270
Rights Act of 1964.	271

(c) Enrolled as a full-time student or enrolled as a less	272
than full-time student for the term expected to be the student's	273
final term of enrollment and is enrolled for the number of credit	274
hours necessary to complete the requirements of the program in	275
which the student is enrolled.	276

(2) "Gross income" includes all taxable and nontaxable	277
income of the parents, the student, and the student's spouse,	278
except income derived from an Ohio academic scholarship, income	279
earned by the student between the last day of the spring term and	280
the first day of the fall term, and other income exclusions	281
designated by the board. Gross income may be verified to the	282
board by the institution in which the student is enrolled using	283
the federal financial aid eligibility verification process or by	284
other means satisfactory to the board.	285

(3) "Resident," "full-time student," "dependent,"	286
"financially independent," and "accredited" shall be defined by	287
rules adopted by the board.	288

(B) The Ohio board of regents shall establish and administer	289
an instructional grant program and may adopt rules to carry out	290
this section. The general assembly shall support the	291
instructional grant program by such sums and in such manner as it	292
may provide, but the board may also receive funds from other	293
sources to support the program. If the amounts available for	294
support of the program are inadequate to provide grants to all	295
eligible students, preference in the payment of grants shall be	296
given in terms of income, beginning with the lowest income	297
category of gross income and proceeding upward by category to the	298
highest gross income category.	299

An instructional grant shall be paid to an eligible student	300
through the institution in which the student is enrolled, except	301
that no instructional grant shall be paid to any person serving a	302
term of imprisonment. Applications for such grants shall be made	303
as prescribed by the board, and such applications may be made in	304
conjunction with and upon the basis of information provided in	305
conjunction with student assistance programs funded by agencies of	306
the United States government or from financial resources of the	307
institution of higher education. The institution shall certify	308
that the student applicant meets the requirements set forth in	309
divisions (A)(1)(b) and (c) of this section. Instructional grants	310
shall be provided to an eligible student only as long as the	311
student is making appropriate progress toward a nursing diploma or	312
an associate or bachelor's degree. No student shall be eligible	313
to receive a grant for more than ten semesters, fifteen quarters,	314
or the equivalent of five academic years. A grant made to an	315
eligible student on the basis of less than full-time enrollment	316
shall be based on the number of credit hours for which the student	317
is enrolled and shall be computed in accordance with a formula	318
adopted by the board. No student shall receive more than one	319
grant on the basis of less than full-time enrollment.	320

An instructional grant shall not exceed the total	321
instructional and general charges of the institution.	322

(C) The tables in this division prescribe the maximum grant	323
amounts covering two semesters, three quarters, or a comparable	324
portion of one academic year. Grant amounts for additional terms	325
in the same academic year shall be determined under division (D)	326
of this section.	327

For a full-time student who is a dependent and enrolled in a	328
nonprofit educational institution that is not a state-assisted	329
institution and that has a certificate of authorization issued	330
pursuant to Chapter 1713. of the Revised Code, the amount of the	331
instructional grant for two semesters, three quarters, or a	332
comparable portion of the academic year shall be determined in	333
accordance with the following table:	334

Table of Grants

335

For a full-time student who is financially independent and	357
enrolled in a nonprofit educational institution that is not a	358
state-assisted institution and that has a certificate of	359
authorization issued pursuant to Chapter 1713. of the Revised	360
Code, the amount of the instructional grant for two semesters,	361
three quarters, or a comparable portion of the academic year shall	362
be determined in accordance with the following table:	363

Table of Grants

364

For a full-time student who is a dependent and enrolled in an	387
educational institution that holds a certificate of registration	388
from the state board of proprietary school registration or a	389
private institution governed by the board of regents under section	390
3333.046 of the Revised Code, the amount of the instructional	391
grant for two semesters, three quarters, or a comparable portion	392
of the academic year shall be determined in accordance with the	393
following table:	394

Table of Grants

395

For a full-time student who is financially independent and	417
enrolled in an educational institution that holds a certificate of	418
registration from the state board of proprietary school	419
registration or a private institution governed by the board of	420
regents under section 3333.046 of the Revised Code, the amount of	421
the instructional grant for two semesters, three quarters, or a	422
comparable portion of the academic year shall be determined in	423
accordance with the following table:	424

Table of Grants

425

For a full-time student who is a dependent and enrolled in a	448
state-assisted educational institution, the amount of the	449
instructional grant for two semesters, three quarters, or a	450
comparable portion of the academic year shall be determined in	451
accordance with the following table:	452

Table of Grants

453

For a full-time student who is financially independent and	475
enrolled in a state-assisted educational institution, the amount	476
of the instructional grant for two semesters, three quarters, or a	477
comparable portion of the academic year shall be determined in	478
accordance with the following table:	479

Table of Grants

480

(D) For a full-time student enrolled in an eligible	503
institution for a semester or quarter in addition to the portion	504
of the academic year covered by a grant determined under division	505
(C) of this section, the maximum grant amount shall be a	506
percentage of the maximum prescribed in the applicable table of	507
that division. The maximum grant for a fourth quarter shall be	508
one-third of the maximum amount prescribed under that division.	509
The maximum grant for a third semester shall be one-half of the	510
maximum amount prescribed under that division.	511

(E) No grant shall be made to any student in a course of	512
study in theology, religion, or other field of preparation for a	513
religious profession unless such course of study leads to an	514
accredited bachelor of arts, bachelor of science, associate of	515
arts, or associate of science degree.	516

(F)(1) Except as provided in division (F)(2) of this	517
section, no grant shall be made to any student for enrollment	518
during a fiscal year in an institution with a cohort default rate	519
determined by the United States secretary of education pursuant to	520
the "Higher Education Amendments of 1986," 100 Stat. 1278, 1408,	521
20 U.S.C.A. 1085, as amended, as of the fifteenth day of June	522
preceding the fiscal year, equal to or greater than thirty per	523
cent for each of the preceding two fiscal years.	524

(2) Division (F)(1) of this section does not apply to the	525
following:	526

(a) Any student enrolled in an institution that under the	527
federal law appeals its loss of eligibility for federal financial	528
aid and the United States secretary of education determines its	529
cohort default rate after recalculation is lower than the rate	530
specified in division (F)(1) of this section or the secretary	531
determines due to mitigating circumstances the institution may	532
continue to participate in federal financial aid programs. The	533
board shall adopt rules requiring institutions to provide	534
information regarding an appeal to the board.	535

(b) Any student who has previously received a grant under	536
this section who meets all other requirements of this section.	537

(3) The board shall adopt rules for the notification of all	538
institutions whose students will be ineligible to participate in	539
the grant program pursuant to division (F)(1) of this section.	540

(4) A student's attendance at an institution whose students	541
lose eligibility for grants under division (F)(1) of this section	542
shall not affect that student's eligibility to receive a grant	543
when enrolled in another institution.	544

(G) Institutions of higher education that enroll students	545
receiving instructional grants under this section shall report to	546
the board all students who have received instructional grants but	547
are no longer eligible for all or part of such grants and shall	548
refund any moneys due the state within thirty days after the	549
beginning of the quarter or term immediately following the quarter	550
or term in which the student was no longer eligible to receive all	551
or part of the student's grant. There shall be an interest charge	552
of one per cent per month on all moneys due and payable after such	553
thirty-day period. The board shall immediately notify the office	554
of budget and management and the legislative budget office of the	555
legislative service commission of all refunds so received.	556

Sec. 3333.18.  The Ohio board of regents may enter into	557
contracts with the appropriate agency in a contiguous state	558
whereby financial aids from the funds of each state may be used by	559
qualified student recipients to attend approved post-secondary	560
educational institutions in the other state. Approved	561
institutions in Ohio are those that are state-assisted or are	562
nonprofit and have received certificates of authorization from the	563
Ohio board of regents pursuant to Chapter 1713. of the Revised	564
Code, or are private institutions governed by the board of regents	565
under section 3333.046 of the Revised Code. Eligible	566
post-secondary educational institutions in the contiguous state	567
shall be similarly approved by the appropriate agency of that	568
state. In formulating and executing such contracts with a	569
contiguous state, the board shall assure that the total cost to	570
this state approximates the total cost to the contiguous state.	571
Any contract entered into under this section shall be subject to	572
the periodic review of, and approval by, the controlling board.	573

Sec. 3333.21.  As used in sections 3333.21 to 3333.23 of the	574
Revised Code, "term" and "academic year" mean "term" and "academic	575
year" as defined by the Ohio board of regents.	576

The board shall establish and administer an academic	577
scholarship program. Under the program, a total of one thousand	578
new scholarships shall be awarded annually in the amount of two	579
thousand dollars per award. At least one such new scholarship	580
shall be awarded annually to a student in each public high school	581
and joint vocational school and each nonpublic high school for	582
which the state board of education prescribes minimum standards in	583
accordance with section 3301.07 of the Revised Code.	584

To be eligible for the award of a scholarship, a student	585
shall be a resident of Ohio and shall be enrolled as a full-time	586
undergraduate student in an Ohio institution of higher education	587
that meets the requirements of Title VI of the "Civil Rights Act	588
of 1964" and is state-assisted, is nonprofit and holds a	589
certificate of authorization issued under section 1713.02 of the	590
Revised Code, is a private institution governed by the board of	591
regents under section 3333.046 of the Revised Code, or holds a	592
certificate of registration and program authorization issued under	593
section 3332.05 of the Revised Code and awards an associate or	594
bachelor's degree. Students who attend an institution holding a	595
certificate of registration shall be enrolled in a program leading	596
to an associate or bachelor's degree for which associate or	597
bachelor's degree program the institution has program	598
authorization to offer the program issued under section 3332.05 of	599
the Revised Code.	600

"Resident" and "full-time student" shall be defined by board	601
rule.	602

The board shall award the scholarships on the basis of a	603
formula designed by it to identify students with the highest	604
capability for successful college study. The formula shall weigh	605
the factor of achievement, as measured by grade point average, and	606
the factor of ability, as measured by performance on a competitive	607
examination specified by the board. Students receiving	608
scholarships shall be known as "Ohio academic scholars." Annually,	609
not later than the thirty-first day of July, the board shall	610
report to the governor and the general assembly on the performance	611
of current Ohio academic scholars and the effectiveness of its	612
formula.	613

Sec. 3333.26.  (A) Any citizen of this state who has resided	614
within the state for one year and who was in the active service of	615
the United States as a soldier, sailor, nurse, or marine between	616
April 6, 1917, and November 11, 1918, and who has been honorably	617
discharged from such service, shall be admitted to any school,	618
college, or university that receives state funds in support	619
thereof, without being required to pay any tuition or	620
matriculation fee, but is not relieved from the payment of	621
laboratory or similar fees.	622

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

623

(a) "Volunteer fire fighter firefighter" has the meaning	624
given in division (B)(1) of section 146.01 of the Revised Code;	625

(b) "Public service officer" means an Ohio fire fighter	626
firefighter, volunteer fire fighter firefighter, police officer,	627
member of the highway patrol, employee designated to exercise the	628
powers of police officers pursuant to section 1545.13 of the	629
Revised Code, or other peace officer as defined by division (B) of	630
section 2935.01 of the Revised Code, or a person holding any	631
equivalent position in another state;	632

(c) "Qualified former spouse" means the former spouse of a	633
public service officer who is the custodial parent of a minor	634
child of that marriage pursuant to an order allocating the	635
parental rights and responsibilities for care of the child issued	636
pursuant to section 3109.04 of the Revised Code.	637

(2) Any resident of this state who is under twenty-six years	638
of age, or under thirty years of age if the resident has been	639
honorably discharged from the armed services of the United States,	640
and who is the child of a public service officer killed in the	641
line of duty, and who is admitted to any state university or	642
college as defined in division (A)(1) of section 3345.12 of the	643
Revised Code, community college, state community college,	644
university branch, or technical college, shall not be required to	645
pay any tuition or any student fee for up to four academic years	646
of education, which shall be at the undergraduate level.	647

(3) Any resident of this state who is the spouse or	648
qualified former spouse of a public service officer killed in the	649
line of duty, and who is admitted to any state university or	650
college as defined in division (A)(1) of section 3345.12 of the	651
Revised Code, community college, state community college,	652
university branch, or technical college, shall not be required to	653
pay any tuition or any student fee for up to four academic years	654
of education, which shall be at the undergraduate level.	655

(C) Any institution that is not subject to division (B) of	656
this section and that holds a valid certificate of registration	657
issued under Chapter 3332., a valid certificate issued under	658
Chapter 4709., or a valid license issued under Chapter 4713. of	659
the Revised Code, or that is nonprofit and has a certificate of	660
authorization issued under section 1713.02 of the Revised Code or	661
that is a private institution governed by the board of regents	662
under section 3333.046 of the Revised Code that reduces tuition	663
and student fees of a student who is eligible to attend an	664
institution of higher education under the provisions of division	665
(B) of this section by an amount indicated by the Ohio board of	666
regents shall be eligible to receive a grant in that amount from	667
the board. Each institution that enrolls students under division	668
(B) of this section shall report to the board, by the first day of	669
July of each year, the number of students who were so enrolled and	670
the average amount of all such tuition and fees waived during the	671
preceding year. The board shall determine the average amount of	672
all such tuition and fees waived during the preceding year. The	673
average amount of tuition and fees waived under division (B) of	674
this section during the preceding year shall be the amount of	675
grants that participating institutions shall receive under this	676
division during the current year, but no grant under this division	677
shall exceed the tuition and student fees due and payable by the	678
student prior to the reduction referred to in this division. Such	679
grants shall be made for four years of undergraduate education of	680
an eligible student.	681

Sec. 3333.37.  As used in sections 3333.37 to 3333.375 of the	682
Revised Code, the following words and terms have the following	683
meanings unless the context indicates a different meaning or	684
intent:	685

(A) "Cost of attendance" means all costs of a student	686
incurred in connection with a program of study at an eligible	687
institution, as determined by the institution, including tuition;	688
instructional fees; room and board; books, computers, and	689
supplies; and other related fees, charges, and expenses.	690

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

691

(1) A state-assisted post-secondary educational institution	692
within the state;	693

(2) A nonprofit institution of higher education within the	694
state that holds a certificate of authorization from the Ohio	695
board of regents pursuant to Chapter 1713. of the Revised Code,	696
that is accredited by the appropriate regional and, when	697
appropriate, professional accrediting associations within whose	698
jurisdiction it falls, is authorized to grant a bachelor's degree	699
or higher, and satisfies other conditions as set forth in the	700
policy guidelines;	701

(3) A private institution governed by the board of regents	702
under section 3333.046 of the Revised Code.	703

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

704

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

705

(a) Is a resident of this state;

706

(b) Has graduated from any Ohio secondary school for which	707
the state board of education prescribes minimum standards in	708
accordance with section 3301.07 of the Revised Code;	709

(c) Is attending and in good standing, or has been accepted	710
for attendance, at any eligible institution as a full-time student	711
to pursue a bachelor's degree.	712

(2) A graduate student who is a resident of this state, and	713
is attending and in good standing, or has been accepted for	714
attendance, at any eligible institution.	715

(D) "Fellowship" or "fellowship program" means the Ohio	716
priority needs fellowship created by sections 3333.37 to 3333.375	717
of the Revised Code.	718

(E) "Full-time student" has the meaning as defined by rule of	719
the Ohio board of regents.	720

(F) "Ohio outstanding scholar" means a student who is the	721
recipient of a scholarship under sections 3333.37 to 3333.375 of	722
the Revised Code.	723

(G) "Policy guidelines" means the rules adopted by the Ohio	724
board of regents pursuant to section 3333.374 of the Revised Code.	725

(H) "Priority needs fellow" means a student who is the	726
recipient of a fellowship under sections 3333.37 to 3333.375 of	727
the Revised Code.	728

(I) "Priority needs field of study" means those academic	729
majors and disciplines as determined by the Ohio board of regents	730
that support the purposes and intent of sections 3333.37 to	731
3333.375 of the Revised Code as described in section 3333.371 of	732
the Revised Code.	733

(J) "Scholarship" or "scholarship program" means the Ohio	734
outstanding scholarship created by sections 3333.37 to 3333.375 of	735
the Revised Code.	736

Sec. 3365.01.  As used in sections 3365.01 to 3365.10 of the	737
Revised Code:	738

(A) "College" means any state-assisted college or university	739
described in section 3333.041 of the Revised Code, any nonprofit	740
institution holding a certificate of authorization pursuant to	741
Chapter 1713. of the Revised Code, any private institution	742
governed by the board of regents under section 3333.046 of the	743
Revised Code, and any institution holding a certificate of	744
registration from the state board of proprietary school	745
registration and program authorization for an associate or	746
bachelor's degree program issued under section 3332.05 of the	747
Revised Code.	748

(B) "School district,", except as specified in division (G)	749
of this section, means any school district to which a student is	750
admitted under section 3313.64, 3313.65, 3313.98, or 3317.08 of	751
the Revised Code and does not include a joint vocational or	752
cooperative education school district.	753

(C) "Parent" has the same meaning as in section 3313.64 of	754
the Revised Code.	755

(D) "Participant" means a student enrolled in a college	756
under the post-secondary enrollment options program established by	757
this chapter.	758

(E) "Secondary grade" means the ninth through twelfth	759
grades.	760

(F) "School foundation payments" means the amount required	761
to be paid to a school district for a fiscal year under Chapter	762
3317. of the Revised Code.	763

(G) "Tuition base" means, with respect to a participant's	764
school district, the formula amount defined in division (B) of	765
section 3317.02 of the Revised Code multiplied by the district's	766
cost-of-doing-business factor defined in division (N) of section	767
3317.02 of the Revised Code. The participant's "school district"	768
in the case of a participant enrolled in a community school shall	769
be the school district in which the student is entitled to attend	770
school under section 3313.64 or 3313.65 of the Revised Code.	771

(H) "Educational program" means enrollment in one or more	772
school districts, in a nonpublic school, or in a college under	773
division (B) of section 3365.04 of the Revised Code.	774

(I) "Nonpublic school" means a chartered or nonchartered	775
school for which minimum standards are prescribed by the state	776
board of education pursuant to division (D) of section 3301.07 of	777
the Revised Code.	778

(J) "School year" means the year beginning on the first day	779
of July and ending on the thirtieth day of June.	780

(K) "Community school" means any school established pursuant	781
to Chapter 3314. of the Revised Code that includes secondary	782
grades.	783

(L) "Community school payments" means payments made by the	784
department of education to a community school pursuant to division	785
(D) of section 3314.08 of the Revised Code.	786

Sec. 3366.01.  As used in this chapter, the following words	787
and terms have the following meanings unless the context indicates	788
a different meaning or intent:	789

(A) "Bond proceedings" means the order, trust, agreement,	790
indenture and other agreements, or amendments and supplements to	791
the foregoing, or any one or more or combination thereof,	792
authorizing or providing for the terms and conditions applicable	793
to, or providing for the issuance, security, or liquidity of,	794
obligations and the provisions contained in such obligations.	795

(B) "Bond service charges" means principal, including	796
mandatory sinking fund requirements for retirement of obligations,	797
and interest, and redemption premium, if any, required to be paid	798
on obligations.	799

(C) "Bond service fund" means the applicable fund and	800
accounts therein created in the bond proceedings for and pledged	801
to the payment of bond service charges, including all moneys and	802
investments, and earnings from investments, credited and to be	803
credited thereto.	804

(D) "Costs of attendance" means all costs of a student	805
incurred in connection with a program of study at an eligible	806
institution, as determined by the institution, including tuition;	807
instructional fees; room and board; books, computers, and	808
supplies; and other related fees, charges, and expenses.	809

(E) "Designated administrator" means, with respect to all	810
obligations issued prior to September 1, 1999, and to all	811
nonfederal education loans, the nonprofit corporation designated	812
on November 10, 1992, under division (D) of section 3351.07 of the	813
Revised Code to operate exclusively for charitable and educational	814
purposes by expanding access to higher education financing	815
programs for students and families in need of student financial	816
aid. For all other purposes, "designated administrator" means the	817
Ohio corporation that is a subsidiary of the nonprofit corporation	818
designated under division (D) of section 3351.07 of the Revised	819
Code and that has agreed to enter into an administration agreement	820
with the issuing authority and the director of development, or any	821
other person that enters into an administration agreement with the	822
issuing authority and the director of development.	823

(F) "Education loan" means a loan made by an eligible lender	824
pursuant to the policy guidelines to or for the benefit of a	825
student for the purpose of financing part or all of the student's	826
costs of attendance.	827

(G) "Eligible borrower" means any of the following:

828

(1) Individuals who are residents of the state, and who are	829
attending and are in good standing in, or who have been accepted	830
for attendance at, any eligible institution located in this state	831
or elsewhere, on a part-time or full-time basis, to pursue an	832
associate, baccalaureate, or advanced degree or a nursing diploma;	833

(2) Individuals who reside outside the state and who have	834
been accepted for attendance at, or who are attending and are in	835
good standing in, any eligible institution located in this state,	836
on a part-time or full-time basis, to pursue an associate,	837
baccalaureate, or advanced degree or a nursing diploma;	838

(3) Individuals who are parents or legal guardians of, or	839
other persons, as set forth in the policy guidelines, borrowing	840
under an education loan for the benefit of individuals meeting	841
requirements set forth in division (G)(1) or (2) of this section,	842
in order to assist them in paying costs of attendance.	843

(H)(1) "Eligible institution" means an institution described	844
in any of divisions (H)(1)(a), (b), or (c), or (d) of this section	845
that satisfies all of the requirements set forth in divisions	846
(H)(2), (3), and (4) of this section.	847

(a) The institution is a state-assisted post-secondary	848
educational institution within this state.	849

(b) The institution is a nonprofit institution within this	850
state having a certificate of authorization from the Ohio board of	851
regents pursuant to Chapter 1713. of the Revised Code.	852

(c) The institution is a post-secondary educational	853
institution similar to one described in division (H)(1)(a) or (b)	854
of this section that is located outside this state and that is	855
similarly approved by the appropriate agency of that state.	856

(d) The institution is a private institution governed by the	857
board of regents under section 3333.046 of the Revised Code.	858

(2) The institution is accredited by the appropriate	859
regional and, when appropriate, professional accrediting	860
associations within whose jurisdiction it falls.	861

(3) The institution satisfies the eligibility requirements	862
for participation in the federal family education loan program	863
authorized under Title IV, Part B, of the "Higher Education Act of	864
1965," 20 U.S.C.A. 1071 et seq., as amended, as long as that	865
program remains in existence.	866

(4) The institution satisfies the other conditions set forth	867
in the policy guidelines.	868

(I) "Eligible lender" means, with respect to lenders making	869
nonfederal education loans, a bank, national banking association,	870
savings bank, savings and loan association, or credit union having	871
an office in this state that satisfies the criteria for eligible	872
lenders established pursuant to the policy guidelines. With	873
respect to lenders making federal education loans, "eligible	874
lender" means any person that is permitted to make loans under the	875
federal family education loan program authorized under Title IV,	876
Part B, of the "Higher Education Act of 1965," 20 U.S.C.A. 1071 et	877
seq., as amended; that has an office in this state; and that	878
satisfies the criteria for eligible lenders established pursuant	879
to the policy guidelines.	880

(J) "Federal education loan" means an education loan that is	881
originated in compliance with the federal family education loan	882
program authorized under Title IV, Part B, of the "Higher	883
Education Act of 1965," 20 U.S.C.A. 1071 et seq., as amended.	884

(K) "Governmental agency" means the state and any state	885
department, division, commission, institution, or authority; the	886
United States or any agency thereof; or any agency, commission, or	887
authority established pursuant to an interstate compact or	888
agreement; or any combination of the foregoing.	889

(L) "Issuing authority" means the treasurer of state, or the	890
officer who by law performs the functions of the treasurer of	891
state.	892

(M) "Nonfederal education loan" means any education loan	893
that is not a federal education loan.	894

(N) "Obligations" means the bonds, notes, or securities of	895
this state issued by the issuing authority pursuant to this	896
chapter.	897

(O) "Person" means any individual, corporation, business	898
trust, estate, trust, partnership, or association, any federal,	899
state, interstate, regional, or local governmental agency, any	900
subdivision of the state, or any combination of these.	901

(P) "Pledged receipts" means, to the extent the following	902
are pledged by the bond proceedings for the payment of bond	903
service charges: all receipts representing moneys accruing from	904
or in connection with the repayment of education loans, including	905
interest and payments from any guarantee or insurance in respect	906
to such education loans; accrued interest received from the sale	907
of obligations; the balances in the special funds; income from the	908
investment of the special funds; all right, title, and interest of	909
the state and the designated administrator in the education loans	910
and any guarantees or insurance in respect thereof, and any money	911
representing the proceeds of obligations or any income from or	912
interest on those proceeds; or any other gifts, grants, donations,	913
and pledges and any income and receipts therefrom, available and	914
pledged for the payment of bond service charges.	915

(Q) "Policy guidelines" means the rules adopted pursuant to	916
division (A) of section 3366.03 of the Revised Code.	917

(R) "Proceeds loan" means the transfer, pursuant to a loan	918
agreement or agency agreement, of the proceeds of the obligations,	919
or the deposit of the proceeds of the obligations with a trustee	920
in trust under a trust agreement, indenture, or other trust	921
document under the bond proceedings pending their disbursement for	922
the purposes authorized by this chapter.	923

(S) "Resident" means any student who would qualify as a	924
resident of this state for state subsidy and tuition surcharge	925
purposes under rules adopted by the Ohio board of regents under	926
section 3333.31 of the Revised Code.	927

(T) "Special funds" or "funds" means the bond service fund	928
and any other funds, including reserve funds, created under the	929
bond proceedings, including all moneys and investments, and	930
earnings from investment, credited and to be credited thereto.	931

(U) "Student" means an individual described in division	932
(G)(1) or (2) of this section who meets requirements established	933
under the policy guidelines. "Student" includes dependent and	934
independent undergraduate, graduate, and professional students.	935

(V) "Subdivision" has the same meaning as in division (MM)	936
of section 133.01 of the Revised Code.	937

Sec. 5107.58.  In accordance with a federal waiver granted by	938
the United States secretary of health and human services pursuant	939
to a request made under former section 5101.09 of the Revised	940
Code, county departments of job and family services may establish	941
and administer as a work activity for minor heads of households	942
and adults participating in Ohio works first an education program	943
under which the participant is enrolled full-time in	944
post-secondary education leading to vocation at a state	945
institution of higher education, as defined in section 3345.031 of	946
the Revised Code; a private nonprofit college or university that	947
possesses a certificate of authorization issued by the Ohio board	948
of regents pursuant to Chapter 1713. of the Revised Code, or is	949
exempted by division (E) of section 1713.02 of the Revised Code	950
from the requirement of a certificate; a school that holds a	951
certificate of registration and program authorization issued by	952
the state board of proprietary school registration under Chapter	953
3332. of the Revised Code; a private institution governed by the	954
board of regents under section 3333.046 of the Revised Code; or a	955
school that has entered into a contract with the county department	956
of job and family services. The participant shall make reasonable	957
efforts, as determined by the county department, to obtain a loan,	958
scholarship, grant, or other assistance to pay for the tuition,	959
including a federal Pell grant under 20 U.S.C.A. 1070a and an Ohio	960
instructional grant under section 3333.12 of the Revised Code. If	961
the participant has made reasonable efforts but is unable to	962
obtain sufficient assistance to pay the tuition the program may	963
pay the tuition. On or after October 1, 1998, the county	964
department may enter into a loan agreement with the participant to	965
pay the tuition. The total period for which tuition is paid and	966
loans made shall not exceed two years. If the participant,	967
pursuant to division (B)(3) of section 5107.43 of the Revised	968
Code, volunteers to participate in the education program for more	969
hours each week than the participant is assigned to the program,	970
the program may pay or the county department may loan the cost of	971
the tuition for the additional voluntary hours as well as the cost	972
of the tuition for the assigned number of hours. The participant	973
may receive, for not more than three years, support services,	974
including publicly funded child day-care under Chapter 5104. of	975
the Revised Code and transportation, that the participant needs to	976
participate in the program. To receive support services in the	977
third year, the participant must be, as determined by the	978
educational institution in which the participant is enrolled, in	979
good standing with the institution.	980

A county department that provides loans under this section	981
shall establish procedures governing loan application for and	982
approval and administration of loans granted pursuant to this	983
section.	984

Sec. 5910.04.  Scholarships granted under sections 5910.01 to	985
5910.06 of the Revised Code shall consist of either of the	986
following:	987

(A) An exemption from the payment of one hundred per cent of	988
the general and instructional fees at colleges and universities	989
which receive support from the state of Ohio and are approved by	990
the chancellor of the board of regents, except that the percentage	991
may be reduced by the war orphans scholarship board in any year	992
that insufficient funds are appropriated to fully fund	993
scholarships for all eligible students;	994

(B) A grant to an eligible child who is enrolled in an	995
institution that has received a certificate of authorization from	996
the board of regents under Chapter 1713. of the Revised Code, or a	997
private institution governed by the board of regents under section	998
3333.046 of the Revised Code, or is enrolled in an institution	999
that has received a certificate of registration from the state	1000
board of proprietary school and college registration. Students	1001
who attend an institution that holds a certificate of registration	1002
shall be enrolled in either a program leading to an associate	1003
degree or a program leading to a bachelor's degree for which	1004
associate or bachelor's degree program the institution has	1005
received program authorization issued under section 3332.05 of the	1006
Revised Code to offer such degree program. The grant shall be paid	1007
to the child through the institution in which the child is	1008
enrolled, and shall equal one hundred per cent of the average	1009
value of all scholarships granted under division (A) of this	1010
section during the preceding year, except that the percentage may	1011
be reduced by the war orphans scholarship board in any year that	1012
insufficient funds are appropriated to fully fund scholarships for	1013
all eligible students. In no case shall the grant exceed the	1014
total general and instructional charges of the institution.	1015

The board shall not reduce the percentage to be paid for	1016
scholarships awarded pursuant to section 5910.032 of the Revised	1017
Code below one hundred per cent.	1018

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

1019

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

1020

(a) Fall term, which consists of fall semester or fall	1021
quarter, as appropriate;	1022

(b) Winter term, which consists of winter semester, winter	1023
quarter, or spring semester, as appropriate;	1024

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

1025

(d) Summer term, which consists of summer semester or summer	1026
quarter, as appropriate.	1027

(2) "Eligible applicant" means any individual to whom all of	1028
the following apply:	1029

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

1030

(b) The individual has enlisted, re-enlisted, or extended	1031
current enlistment in the Ohio national guard.	1032

(c) The individual is actively enrolled as a full-time or	1033
part-time student for at least six credit hours of course work in	1034
a semester or quarter in a two-year or four-year degree-granting	1035
program at an institution of higher education or in a	1036
diploma-granting program at an institution of higher education	1037
that is a school of nursing.	1038

(d) The individual has not accumulated ninety-six	1039
eligibility units under division (E) of this section.	1040

(3) "Institution of higher education" means an Ohio	1041
institution of higher education that is state-assisted, that is	1042
nonprofit and has received a certificate of authorization from the	1043
Ohio board of regents pursuant to Chapter 1713. of the Revised	1044
Code, that is a private institution governed by the board of	1045
regents under section 3333.046 of the Revised Code, or that holds	1046
a certificate of registration and program authorization issued by	1047
the state board of proprietary school registration pursuant to	1048
section 3332.05 of the Revised Code.	1049

(4) "State university" has the same meaning as in section	1050
3345.011 of the Revised Code.	1051

(B)(1) There is hereby created a scholarship program to be	1052
known as the Ohio national guard scholarship program. For the	1053
fiscal year 2000, the number of participants in the program for	1054
the fall term is limited to the equivalent of two thousand five	1055
hundred full-time participants; the number of participants in the	1056
program for the winter term is limited to the equivalent of two	1057
thousand five hundred full-time participants; the number of	1058
participants in the program for the spring term is limited to the	1059
equivalent of one thousand six hundred seventy-five full-time	1060
participants; and the number of participants in the program for	1061
the summer term is limited to the equivalent of six hundred	1062
full-time participants. Except as provided in division (B)(2) of	1063
this section for the fiscal year 2001 and succeeding fiscal years,	1064
the number of participants in the program for the fall term is	1065
limited to the equivalent of three thousand five hundred full-time	1066
participants; the number of participants in the program for the	1067
winter term is limited to the equivalent of three thousand five	1068
hundred full-time participants; the number of participants in the	1069
program for the spring term is limited to the equivalent of two	1070
thousand three hundred forty-five full-time participants; and the	1071
number of participants in the program for the summer term is	1072
limited to the equivalent of eight hundred full-time participants.	1073

(2) After the application deadline for any academic term in	1074
fiscal year 2001, the adjutant general may request the controlling	1075
board, if sufficient appropriated funds are available, to approve	1076
the following number of additional participants for that term:	1077

(a) For the fall or winter academic term, up to the	1078
equivalent of five hundred additional full-time participants;	1079

(b) For the spring academic term, up to the equivalent of	1080
three hundred seventy-five additional full-time participants;	1081

(c) For the summer academic term, up to the equivalent of	1082
one hundred twenty-five additional full-time participants.	1083

(C) If the adjutant general estimates that appropriations	1084
for all scholarships applied for under this section and likely to	1085
be used during an academic term are inadequate for all eligible	1086
applicants for that academic term to receive scholarships, the	1087
adjutant general shall promptly inform all applicants not	1088
receiving scholarships for that academic term of the next academic	1089
term that appropriations will be adequate for the scholarships.	1090
Any such eligible applicant may again apply for a scholarship	1091
beginning that academic term if the applicant is in compliance	1092
with all requirements established by this section and the adjutant	1093
general for the program. The adjutant general shall process all	1094
applications for scholarships for each academic term in the order	1095
in which they are received. The scholarships shall be made	1096
without regard to financial need. At no time shall one person be	1097
placed in priority over another because of sex, race, or religion.	1098

(D) Except as provided in division (H) of this section, for	1099
each academic term that an eligible applicant is approved for a	1100
scholarship under this section and remains a current member in	1101
good standing of the Ohio national guard, the institution of	1102
higher education in which the applicant is enrolled shall, if the	1103
applicant's enlistment obligation extends beyond the end of that	1104
academic term, be paid on the applicant's behalf the applicable	1105
one of the following amounts:	1106

(1) If the institution is state-assisted, an amount equal to	1107
one hundred per cent of the institution's tuition charges;	1108

(2) If the institution is a nonprofit private institution or	1109
a private institution governed by the board of regents under	1110
section 3333.046 of the Revised Code, an amount equal to one	1111
hundred per cent of the average tuition charges of all state	1112
universities;	1113

(3) If the institution is an institution that holds a	1114
certificate of registration from the state board of proprietary	1115
school registration, the lesser of the following:	1116

(a) An amount equal to one hundred per cent of the total	1117
instructional and general charges of the institution;	1118

(b) An amount equal to one hundred per cent of the average	1119
tuition charges of all state universities.	1120

(4) An eligible applicant's scholarship shall not be reduced	1121
by the amount of that applicant's benefits under "the Montgomery	1122
G.I. Bill Act of 1984," Pub. L. No. 98-525, 98 Stat. 2553 (1984).	1123

(E) A scholarship recipient under this section shall be	1124
entitled to receive scholarships under this section for the number	1125
of quarters or semesters it takes the recipient to accumulate	1126
ninety-six eligibility units as determined under divisions (E)(1)	1127
to (3) of this section.	1128

(1) To determine the maximum number of semesters or quarters	1129
for which a recipient is entitled to a scholarship under this	1130
section, the adjutant general shall convert a recipient's credit	1131
hours of enrollment for each academic term into eligibility units	1132
in accordance with the following table:	1133

(2) A scholarship recipient under this section may continue	1142
to apply for scholarships under this section until the recipient	1143
has accumulated ninety-six eligibility units.	1144

(3) If a scholarship recipient withdraws from courses prior	1145
to the end of an academic term so that the recipient's enrollment	1146
for that academic term is less than six credit hours, no	1147
scholarship shall be paid on behalf of that person for that	1148
academic term except that, if a scholarship has already been paid	1149
on behalf of the person for that academic term, the adjutant	1150
general shall add to that person's accumulated eligibility units	1151
the number of eligibility units for which the scholarship was	1152
paid.	1153

(F) A scholarship recipient under this section who fails to	1154
complete the term of enlistment, re-enlistment, or extension of	1155
current enlistment the recipient was serving at the time a	1156
scholarship was paid on behalf of the recipient under this section	1157
is liable to the state for repayment of a percentage of all Ohio	1158
national guard scholarships paid on behalf of the recipient under	1159
this section, plus interest at the rate of ten per cent per annum	1160
calculated from the dates the scholarships were paid. This	1161
percentage shall equal the percentage of the current term of	1162
enlistment, re-enlistment, or extension of enlistment a recipient	1163
has not completed as of the date the recipient is discharged from	1164
the Ohio national guard.	1165

The attorney general may commence a civil action on behalf of	1166
the adjutant general to recover the amount of the scholarships and	1167
the interest provided for in this division and the expenses	1168
incurred in prosecuting the action, including court costs and	1169
reasonable attorney's fees. A scholarship recipient is not liable	1170
under this division if the recipient's failure to complete the	1171
term of enlistment being served at the time a scholarship was paid	1172
on behalf of the recipient under this section is due to the	1173
recipient's death; discharge from the national guard due to	1174
disability; or the recipient's enlistment, for a term not less	1175
than the recipient's remaining term in the national guard, in the	1176
active component of the United States armed forces or the active	1177
reserve component of the United States armed forces.	1178

(G) On or before the first day of each academic term, the	1179
adjutant general shall provide an eligibility roster to each	1180
institution of higher education at which one or more scholarship	1181
recipients have applied for enrollment. The institution shall use	1182
the roster to certify the actual full-time or part-time enrollment	1183
of each scholarship recipient listed as enrolled at the	1184
institution and return the roster to the adjutant general within	1185
thirty days after the first day of the academic term. The	1186
adjutant general shall report to the Ohio board of regents the	1187
number of students in the Ohio national guard scholarship program	1188
at each institution of higher education. The Ohio board of	1189
regents shall provide for payment of the appropriate number and	1190
amount of scholarships to each institution of higher education	1191
pursuant to division (D) of this section. The adjutant general	1192
shall report on a quarterly basis to the director of budget and	1193
management, the speaker of the house of representatives, and the	1194
president of the senate the number of Ohio national guard	1195
scholarship recipients and a projection of the cost of the program	1196
for the remainder of the biennium.	1197

(H) The chancellor of the Ohio board of regents and the	1198
adjutant general may adopt rules pursuant to Chapter 119. of the	1199
Revised Code governing the administration and fiscal management of	1200
the Ohio national gaurd scholarship program and the procedure by	1201
which the Ohio board of regents and the department of the adjutant	1202
general may modify the amount of scholarships a member receives	1203
based on the amount other state financial aid a member recives.	1204

(I) Notwithstanding division (A) of section 127.14 of the	1205
Revised Code, the controlling board shall not transfer all or part	1206
of any appropriation for the Ohio national guard scholarship	1207
program.	1208

Section 2. That existing sections 1713.02, 1713.03, 3332.02,	1209
3333.042, 3333.043, 3333.12, 3333.18, 3333.21, 3333.26, 3333.37,	1210
3365.01, 3366.01, 5107.58, 5910.04, and 5919.34 of the Revised	1211
Code are hereby repealed.	1212