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S. B. No. 266As IntroducedAs Introduced
124th General Assembly | Regular Session | 2001-2002 |
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SENATOR Robert Gardner
A BILL
To amend sections 955.43, 1713.02, 1713.03, 1713.25,
2741.01, 3332.01, 3332.02, 3332.03, 3332.031,
3332.04, 3332.05, 3332.051, 3332.06, 3332.07,
3332.08, 3332.081, 3332.082, 3332.083, 3332.085,
3332.09, 3332.091, 3332.092, 3332.10 to 3332.13,
3332.18, 3333.043, 3333.12, 3333.29, 3334.01,
3365.01, 3365.15, 4742.05, 4742.06, 4743.03,
4762.02, 4763.05, 5107.58, 5747.01, and 5919.34 of
the Revised Code to make changes to the oversight
of career schools by changing the name of the State
Board of Proprietary School Registration to the
State Board of Career Colleges and Schools,
directing the Board to establish the period of time
that a career school must maintain a surety bond,
requiring the corporate bonding company acting as
surety to have a specified credit quality rating,
eliminating the requirement that agents for career
schools maintain surety bonds, altering the
structure of the Board by adding an additional
member with a background in career school
management and by making the student representative
a nonvoting member, establishing a fixed rate of
compensation for Board members, eliminating the
requirement that the Ohio Board of Regents
recommend whether to approve applications for the
issuance or renewal of program authorizations for
associate degree programs at career schools,
specifying that students are eligible for
reimbursement of prepaid tuition losses only in the
event of a school closure, paying reimbursements
for prepaid tuition losses from the career school's
surety bond beginning July 1, 2003, and by making
other revisions to the oversight of career schools,
and to enable students enrolled in eligible
institutions prior to July 1, 2000, to receive
student workforce development grants, and to amend
sections 3332.04, 3332.08, 3332.082, and 3332.084
of the Revised Code effective July 1, 2003.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 955.43, 1713.02, 1713.03, 1713.25,
2741.01, 3332.01, 3332.02, 3332.03, 3332.031, 3332.04, 3332.05,
3332.051, 3332.06, 3332.07, 3332.08, 3332.081, 3332.082, 3332.083,
3332.085, 3332.09, 3332.091, 3332.092, 3332.10, 3332.11, 3332.12,
3332.13, 3332.18, 3333.043, 3333.12, 3333.29, 3334.01, 3365.01,
3365.15, 4742.05, 4742.06, 4743.03, 4762.02, 4763.05, 5107.58,
5747.01, and 5919.34 of the Revised Code be amended to read as
follows:
Sec. 955.43. (A) When a blind, deaf, or mobility impaired
person is accompanied by a dog that serves as or is in training
to
become a guide, leader, listener, or support dog for
him
the
person, and
he
the person can show proof by certificate or other
means that
the dog
leading
him
the person, listening for
him
the
person, or providing support or
assistance for
him
the person has
been or is being trained for
that purpose
by a nonprofit special
agency engaged in such work, the person is
entitled to the full
and equal accommodations, advantages,
facilities, and privileges
of all public conveyances, hotels,
lodging places, all places of
public accommodation, amusement, or
resort, all institutions of
education, and other places to which
the general public is
invited, and may take the dog into such
conveyances and places,
subject only to the conditions and
limitations applicable to all
persons not so accompanied, except
that: (1) The dog shall not occupy a seat in any public
conveyance. (2) The dog shall be upon a leash while using the
facilities
of a common carrier. (3) Any dog in training to become a guide, leader,
listener,
or support dog shall be covered by a liability
insurance policy
provided by the nonprofit special agency engaged
in such work
protecting members of the public against personal
injury or
property damage caused by the dog. (B) No person shall deprive a blind, deaf, or mobility
impaired person of any of the advantages, facilities, or
privileges provided in division (A) of this section, nor charge
the blind, deaf, or mobility impaired person a fee or charge for
the dog. (C) As used in this section, "institutions of education"
means: (1) Any state university or college as defined in section
3345.32 of the Revised Code; (2) Any private college or university that holds a
certificate of authorization issued by the Ohio board of regents
pursuant to Chapter 1713. of the Revised Code; (3) Any elementary or secondary school operated by a board
of education; (4) Any chartered or nonchartered nonpublic elementary or
secondary school; (5) Any school issued a certificate of registration by the
state board of
proprietary school registration
career colleges and
schools.
Sec. 1713.02. (A) Any institution described in division
(A)
of section 1713.01 of the Revised Code may become
incorporated
under sections 1702.01 to 1702.58 of the Revised
Code. (B) Except as provided in division (E) of this section, no
nonprofit institution or corporation of the type described in
division (A) of section 1713.01 of the Revised Code that is
established after October 13, 1967, may confer degrees, diplomas,
or other written evidences of proficiency or achievement, until
it
has received a certificate of authorization issued by the Ohio
board of regents, nor shall any such institution or corporation
identify itself as a "college" or "university" unless it has
received a certificate of authorization from the board. (C) Except as provided in division (E) of this section, no
institution of the type described in division (A)(3) or (B) of
section 1713.01 of the Revised Code that intends to offer or
offers a course or courses within this state, but that did not
offer a course or courses within this state on or before October
13, 1967, may confer degrees, diplomas, or other written
evidences
of proficiency or achievement or offer any course or
courses
within this state until it has received a certificate of
authorization from the Ohio board of regents, nor shall the
institution identify itself as a "college" or "university" unless
it has received such a certificate from the board. (D) Each certificate of authorization shall specify the
diplomas or degrees authorized to be given, courses authorized to
be offered, and the sites at which courses are to be conducted.
A
copy of such certificate shall be filed with the secretary of
state if the institution is incorporated. Any institution or
corporation established or that offered a course or courses of
instruction in this state prior to October 13, 1967, may apply to
the board for a certificate of authorization, and the board shall
issue a certificate if it finds that such institution or
corporation meets the requirements established pursuant to
sections 1713.01, 1713.02, 1713.03, 1713.04, 1713.06, 1713.09,
and
1713.25 of the Revised Code. (E) An institution that clearly identifies itself in its
name with the phrase "bible college" or "bible institute" and has
not received a certificate of authorization may confer diplomas
and other written evidences of proficiency or achievement other
than associate, baccalaureate, master's, and doctoral degrees or
any other type of degree and may identify itself as a "bible
college" if such institution: (1) Prominently discloses on any transcripts, diplomas, or
other written evidences of proficiency or achievement, and
includes with any promotional material or other literature
intended for the public, the statement: "this institution is not
certified by the board of regents or the state of Ohio." (2) Limits its course of instruction to religion,
theology,
or preparation for a religious vocation, or is operated
by a
church or religious organization and limits its instruction
to
preparation for service to churches or other religious
organizations. (3) Confers only diplomas and other written evidences of
proficiency or achievement that bear titles clearly signifying
the
religious nature of the instruction offered by the
institution. (F)
Except as otherwise provided in section 3333.046 of
the
Revised Code, no school of the type described in division (E)
of
section 3332.01 of the Revised Code that intends to offer or
offers a degree program within this state or solicits students
within this state may confer a baccalaureate, master's, or
doctoral degree or solicit students for such degree programs
until
it has received both a certificate of authorization from
the board
of regents under this chapter and program authorization
from the
state board of
proprietary school registration
career colleges and
schools for such
degree
program under section 3332.05 of the
Revised Code.
Sec. 1713.03. The Ohio board of regents shall establish
standards for certificates of authorization to be issued to
institutions as defined in section 1713.01 of the Revised Code, to
private institutions exempt from regulation under Chapter 3332. of
the Revised Code as prescribed in
section 3333.046 of the Revised
Code,
and to schools holding
certificates of registration issued
by the
state board of
proprietary school registration
career
colleges and schools pursuant to
division (C) of
section 3332.05
of the
Revised Code. A
certificate of
authorization may permit an
institution or school
to award one or
more types of degrees. The standards for a certificate of authorization may
include,
for various types of institutions, schools, or degrees,
minimum
qualifications for faculty, library, laboratories, and
other
facilities as adopted and published by the Ohio board of
regents.
The standards shall be adopted by the board pursuant to
Chapter
119. of the Revised Code. An institution or school shall apply to the board for a
certificate of authorization on forms containing such information
as is prescribed by the board. Each institution or school with a
certificate of authorization shall file an annual report with the
board in such form and containing such information as the board
prescribes.
Sec. 1713.25. The board of trustees of an institution of
learning incorporated under the authority of this state for the
sole purpose of promoting education, religion and morality, or
the
fine arts, at a regular or special meeting of such board
called
for that purpose, after thirty days' actual notice to each
trustee, may change the name and enlarge the purposes and objects
of such institution of learning, by amendment to its charter,
approved by a majority of the board. No institution as defined in section 1713.01 of the Revised
Code or school that holds a certificate of registration issued by
the state board of
proprietary school registration
career colleges
and schools pursuant to
division (C) of section 3332.05
(C) of the
Revised Code, that has been issued a certificate of authorization
by the Ohio board of regents shall change the purposes of the
institution without giving written notice to the Ohio board of
regents, which shall issue an amended certificate of
authorization
to the institution or school upon receipt of such
notice.
Sec. 2741.01. As used in this chapter: (A) "Persona" means an individual's name, voice, signature,
photograph, image, likeness, or distinctive appearance, if any of
these
aspects have commercial value. (B) "Commercial purpose"
means the use of or reference to an
aspect of an individual's persona in any
of the following manners: (1) On or in connection with a place, product, merchandise,
goods, services, or other commercial activities not expressly
exempted under
this chapter; (2) For advertising or soliciting the purchase of
products,
merchandise, goods, services, or other commercial
activities not
expressly exempted under this chapter; (3) For the purpose of promoting travel to a place; (4) For the purpose of fundraising. (C) "Name" means the
actual, assumed, or clearly
identifiable name of or reference to a living or
deceased
individual that identifies the individual. (D) "Right of publicity"
means the property right in an
individual's persona to use the
individual's persona for a
commercial purpose. (E) "Trier of fact"
means the jury or, in a nonjury action,
the court. (F) "Written consent" includes written, electronic, digital,
or
any other verifiable means of authorization. (G) "Institution of higher education" means a state
institution
of higher education as defined in section 3345.011 of
the Revised
Code, a private nonprofit college or university
located in this state that possesses a certificate of
authorization
issued by the Ohio board of regents pursuant to
Chapter
1713. of the Revised Code, or a school located in this
state
that
possesses a certificate of registration and one or more
program authorizations
issued by the state board of
proprietary
school
registration
career colleges and schools under Chapter
3332. of the Revised
Code.
Sec. 3332.01. As used in this section and sections 3332.03
to 3332.99 of the Revised Code: (A) "Agent" means any individual whose primary duties,
performed while on or off school premises, include distribution
of
literature or information on behalf of a person offering a
program, and the solicitation of prospective students in Ohio to
enroll for a fee in a program. (B) "Certificate of registration" means a certificate
issued
by the state board of
proprietary school registration
career
colleges and schools to
the owner or operator of a for profit or
nonprofit private career
school located within or without the
state of Ohio, that permits
the school to solicit students and
offer and maintain a program
in Ohio. (C) "Program" means
the complete
a course of study, whether
offered in a specific place, by correspondence using the mails,
or
by any other means of communication, designed to prepare
students
for potential employment in a recognized vocation,
occupation, or
profession
and lead to a
at the certificate, diploma, or
degree
level. (D) "Program authorization" means written notification by
the board to a private career school granting approval for
offering programs and awarding certificates, diplomas, or
degrees. (E) "Private career school" or "school" means a person
possessing a certificate of registration and one or more program
authorizations.
Sec. 3332.02. This chapter does not apply to the following
categories of courses, schools, or colleges: (A) Tuition-free courses or schools conducted by employers
exclusively for their own employees; (B) Nonprofit institutions with certificates of
authorization issued pursuant to section 1713.02 of the Revised
Code or that are nonprofit institutions exempted from the
requirement to obtain a certificate by division (E) of that
section; (C) Schools, colleges, technical colleges, or universities
established by law or chartered by the Ohio board of regents; (D) Courses of instruction required by law to be approved
or
licensed, or given by institutions approved or licensed, by a
state board or agency other than the state board of
school and
college registration
career colleges and schools, except that a
school so approved or
licensed
may apply to the state board of
proprietary school
registration
career colleges and schools
for a
certificate of registration to be issued in
accordance with
this
chapter; (E) Schools for which minimum standards are prescribed by
the state board of education pursuant to division (D) of section
3301.07 of the Revised Code; (F) Courses of instruction conducted by a public school
district or a combination of public school districts; (G) Courses of instruction conducted outside the United
States;
(H) Private institutions exempt from regulation under this
chapter as prescribed in section 3333.046 of the Revised Code; (I) Training courses for employees paid for by their
employers and conducted by outside service providers.
Sec. 3332.03. There is hereby created the state board of
proprietary school registration
career colleges and schools to
consist of the state
superintendent of public instruction or an
assistant
superintendent designated by the superintendent, the
chancellor
of the Ohio board of regents or a vice chancellor
designated by
the chancellor, and
five
six members appointed by
the governor, with
the advice and consent of the senate. Members'
terms of office
shall be for five years, commencing on the
twenty-first day of
November and ending on the twentieth day of
November. Each
member shall hold office from the date of
his
appointment until
the end of the term for which
he
the member was
appointed. Two
Three of the members appointed by the governor shall have
been engaged for a period of not less than five years immediately
preceding appointment in an executive or managerial position in a
private, trade, technical, or other school subject to this
chapter. One member appointed by the governor shall be a
representative of students and shall have graduated with an
associate or baccalaureate degree, within five years prior to
his
appointment, from a school subject to this chapter. Two members
appointed by the governor shall be representatives of the general
public and shall have had no affiliation with, or direct or
indirect interest in, schools subject to this chapter for at
least
two years prior to appointment. In selecting the
representatives
of the general public, the governor shall make an
effort to find
individuals with background or experience in the
regulation of
commerce, business, or education. The two members
of the board
who are representatives of the general public shall
not be
affiliated in any way with or have any direct or indirect
interest
in any schools subject to this chapter during their
terms. Except
for enrollment in a school subject to this
chapter, the member
representing students shall have had no
affiliation in any way
with, or have any direct or indirect
interest in any school
subject to this chapter for at least two
years prior to
his
appointment or during
his
the member's
term.
Any vacancy shall be filled in the manner provided for
original appointment. Any member appointed to fill a vacancy
occurring prior to the expiration of the term for which
his
the
member's
predecessor was appointed shall hold office for the
remainder of
such term. Any appointed member shall continue in
office
subsequent to the expiration date of
his
the member's term
until
his
the member's successor
takes office, or until a period
of sixty days has elapsed,
whichever occurs first. All seven members
Members of the board have full voting
rights.
The members shall not be paid for their services, but the,
except for the member representing students who shall be a
nonvoting member. Each member of the board appointed by the
governor shall be compensated at the rate established pursuant to
division (J) of section 124.15 of the Revised Code, but shall not
receive step advancements, for those days the member is engaged in
the discharge of official duties. In addition, members
appointed
by the governor may be compensated for the expenses
necessarily
incurred in the attendance at meetings or in
performing other
services for the board. The
chairman
chairperson of the
board
shall annually be elected or determined as follows:
(A) If both members of the board representing the general
public have served on the board for at least one year, the
members
shall elect one of these two members as
chairman
chairperson. If
one
of these members declines to be elected or serve, the other
member representing the general public shall be
chairman
chairperson. If
both members representing the general public
decline to be
elected or serve, division (C) of this section shall
apply. (B) If only one member of the board representing the
general
public has served on the board for at least one year,
this member
shall be
chairman
chairperson. If this member
declines to serve,
division (C) of this section shall apply. (C) If neither member of the board representing the
general
public has served on the board for at least one year or
if this
division applies pursuant to division (A) or (B) of this
section,
the members of the board shall elect a
chairman
chairperson from
among any of the
voting members of the board who have served on
the
board for at least one year.
Sec. 3332.031. The state board of
proprietary school
registration
career colleges and schools shall: (A) Adopt rules under Chapter 119. of the Revised Code
necessary to carry out its duties and responsibilities under this
chapter; (B) Establish minimum standards for the registration and
operation of private career schools including but not necessarily
limited to standards to ensure school financial stability; (C) Issue certificates of registration to private career
schools pursuant to division (A) of section 3332.05 of the
Revised
Code; (D) Suspend or revoke the certificate of registration of
schools pursuant to sections 3332.09 and 3332.091 of the Revised
Code; (E) Establish minimum standards for certificate, diploma,
and degree programs offered by schools; (F) Issue program authorization pursuant to divisions (B)
and (C) of section 3332.05 of the Revised Code; (G) Suspend or revoke program authorization for schools
pursuant to sections 3332.09 and 3332.091 of the Revised Code; (H) Establish minimum standards, including but not
necessarily limited to a code of ethics, for agents employed by
schools registered under this chapter to reasonably ensure that
such agents provide adequate, ethical, and accurate information
to
prospective students; (I) Grant permits to agents pursuant to sections 3332.10
and
3332.11 of the Revised Code; (J) Suspend or revoke an agent's permit pursuant to
section
3123.47 or 3332.12 of the Revised Code; (K) Monitor recruitment and admissions practices of
schools
holding certificates of registration to ensure compliance
with
this chapter and the rules of the board; (L)(1) Adopt rules requiring all schools to provide all
applicant students, prior to their signing enrollment agreements,
written information concerning the school's graduation and
placement rates for each of the preceding three years and any
other information the board deems pertinent. (2) Adopt rules requiring all schools to provide any
student
or applicant student, prior to the signing of any
financial aid,
grant, or loan application, written information
concerning the
obligations of a student obtaining such financial
aid, grant, or
loan. (3) Upon request, a school shall furnish the board with a
copy of all information required by this division. The board
shall monitor schools to ensure their compliance with this
division. (M) Adopt a rule requiring all schools to include, in the
enrollment agreement, notice that any
problems the student is
having with the school, or complaints
the student has about the
school, may be directed to
the board, which notice shall include
the
telephone number of the executive director of the board; (N) Report annually to the governor and the general
assembly
on the activities of the board and private career
schools, and
make legislative recommendations when necessary to
enable the
board to better serve the student population and the
schools
registered under this chapter; (O) Adopt a rule requiring a uniform tuition refund policy
for all schools subject to this chapter. In adopting the rule,
the board shall consider the tuition refund policies effectuated
by state-supported colleges and universities. Each school
subject
to this chapter shall furnish to each prospective
student, prior
to the signing of an enrollment
agreement, a copy of
the tuition
refund policy. (P) Adopt a rule establishing minimum standards for all
faculty and instructional staff in all instructional programs at
a
school. In the case of full-time faculty members employed for
degree programs, such standards shall include all of the
following: (1) A prohibition against employing on or after July 1,
1993, any new full-time faculty member to teach the general study
portion of any degree program, unless the person holds a master's
degree in the subject matter discipline or holds a master's
degree
in education with proficiency in the subject matter
discipline
demonstrated in accordance with the standards adopted
by the
board. (2) Except as provided under the standards adopted
pursuant
to division (P)(3) of this section, a prohibition
against
employing or reemploying on or after July 1, 1998, any
full-time
faculty member to teach the general study portion of
any degree
program, unless the person holds a master's degree in
the subject
matter discipline or holds a master's degree in
education with
proficiency in the subject matter discipline
demonstrated in
accordance with the standards adopted by the
board. (3) Standards under which the board, upon written request
submitted to the board prior to July 1, 1994, by any school, may
exempt the school from the prohibition adopted pursuant to
division (P)(2) of this section with regard to any individual
full-time faculty member employed by the school who has
demonstrated outstanding teaching performance in the general
study
portion of any degree program at the school for a period of
at
least six years prior to July 1, 1993. (4) Definitions of "full-time faculty member," "new
faculty
member," and any other term the board considers necessary
to
define. (Q) Adopt a rule prohibiting a school or branch campus
thereof from claiming accreditation from an accrediting agency in
any of its advertising, recruiting, or promotional materials
unless the agency is recognized as an accrediting agency by the
United States department of education.
Sec. 3332.04. The state board of
proprietary school
registration
career colleges and schools may appoint
an executive
director and such other staff as may be required for the
performance of the board's duties and provide necessary
facilities. In
selecting an executive director, the board shall
appoint an individual with a
background or experience in the
regulation of commerce, business, or
education. The board may
also arrange for services and facilities to be
provided by the
state board of education and the Ohio board of regents. All
receipts of the board shall be deposited in the state treasury to
the credit
of the general revenue fund.
Sec. 3332.05. (A) The state board of
proprietary school
registration
career colleges and schools shall issue a certificate
of registration to an
applicant of good reputation seeking to
offer one or more
programs upon receipt of the fee established in
accordance with
section 3332.07 of the Revised Code and upon
determining the
applicant has the facilities, resources, and
faculty to provide
students with the kind of instruction that it
proposes to offer
and meets the minimum standards of the board. A
certificate of
registration shall be granted or denied within one
hundred twenty
days of the receipt of the application therefor by
the board. A
person shall obtain a separate certificate for each
location at
which the person offers programs. The first
certificate of
registration issued on or after
the effective date
of this amendment
June 29, 1999, for
each new location is valid
for one year, unless earlier revoked for cause by
the board under
section 3332.09 of the Revised Code. Any other certificate of
registration is valid
for two years, unless earlier revoked for
cause by the board under that
section. (B) The board shall issue program authorization for an
associate degree, certificate, or diploma program to an applicant
holding a certificate of registration issued pursuant to division
(A) of this section upon receipt of the fee established in
accordance with section 3332.07 of the Revised Code and upon
determining the applicant has the facilities, resources, and
faculty to provide students the kind of program it proposes to
offer and meets the minimum standards of the state board. The state board shall promptly furnish the Ohio board of
regents a copy of all applications for issuance or renewal of
program authorization to offer any associate degree program.
Prior
to the issuance or renewal of such program authorization
the state
board shall conduct an on-site visit of the school
proposing the
program. A representative of the board of regents
shall
participate in the visit. Within twenty-one days of the
on-site
visit the representative of the board of regents shall
provide the
state board with a written statement recommending
approval or
disapproval of the application.
Any program authorization issued by the board under this
division is valid only for the specified program at the location
for which it is issued and does not cover any other program
offered at the school or at other schools operated by the owner.
Program authorization is valid for the period of time specified
by
the board, unless earlier suspended or revoked for cause by
the
board under section 3332.09 of the Revised Code. (C)(1) The state board shall accept and review
applications
for program authorization for baccalaureate,
master's, and
doctoral degree programs only from the
following: (a) Any school holding a
certificate of registration issued
by the board that
has held
such certificate for the ten previous
consecutive
years; (b) Any school holding a certificate of registration issued
by
the board that also holds an equivalent certificate issued by
another state
and has held the equivalent certificate for the ten
previous consecutive
years.
(2) After review the board shall refer any application it
finds valid to
the Ohio board of regents for approval. The board
of regents
shall review, and approve or disapprove, such degree
programs and
if so approved, issue certificates of authorization
to such
schools to offer such degree programs pursuant to Chapter
1713.
of the Revised Code. The board of regents shall notify the
state
board of
proprietary school registration
career colleges and
schools of each school
registered with the state board that
receives a certificate of
authorization and the approval to offer
any degree program. Upon
receipt of such notification and the fee
established in
accordance with section 3332.07 of the Revised
Code, the state
board shall review, and may issue program
authorization to offer,
such a degree program. Any program
authorization issued by the
board under this division is valid
only for the specified program
at the location for which it is
issued and does not cover any
other program offered at the school
or at other schools operated
by the owner. Program authorization
is valid for the period of
time specified by the board, unless
earlier suspended or revoked
for cause by the board under section
3332.09 of the Revised Code. The state board
shall not issue such
program authorization unless the degree program has been approved
by the board of regents. (D) The board may cause an investigation to be made into
the
correctness of the information submitted in any application
received under this section. If the board believes that false,
misleading, or incomplete information has been submitted to it in
connection with any application, the board shall conduct a
hearing
on the matter pursuant to Chapter 119. of the Revised
Code, and
may withhold a certificate of registration or program
authorization upon finding that the applicant has failed to meet
the standards for such certificate or program authorization or
has
submitted false, misleading, or incomplete information to the
board. Application for a certificate of registration or program
authorization shall be made in writing to the board on forms
furnished by the board. A certificate of registration or
program
authorization is not transferable and shall be
prominently
displayed on the premises of an institution. The board shall assign registration numbers to all schools
registered with it. Schools shall display their registration
numbers on all school publications and on all advertisements
bearing the name of the school. Notwithstanding the requirements of this section for
issuance
of certificates of registration and program
authorization, the
board may, in accordance with rules adopted by
it, grant
certificates of registration and program authorization
to schools,
colleges, institutes, or universities that have been
approved by
the state department of education pursuant to the
"Act of March 3,
1966," 80 Stat. 20, 38 U.S.C.A. 1771.
Sec. 3332.051. The state board of
proprietary school
registration
career colleges and schools shall direct that a
written survey be obtained by
schools subject to this chapter,
which shall be used to solicit
comments from students enrolled at
such schools. The board shall
establish the guidelines for the
survey by rule. The survey
shall be designed to determine student
satisfaction with the
quality of instruction, facilities, school
personnel, and
business operations, including recruitment and
recruitment
agents. The board shall adopt rules for the
administration of
surveys and shall include provisions to ensure
student anonymity.
Surveys shall be administered prior to the end
of each school
year. Completed surveys shall be collected by the
holder of the
certificate of registration or the director or
administrator of
the school and shall be compiled by the school.
Each school
shall retain the surveys and the compiled results on
file for at
least three years and shall make them available to the
state
board for examination upon request. The holder of a
certificate
of registration shall be responsible for ensuring that
completed
surveys are in no way altered.
Sec. 3332.06. (A)(1) No program shall be established,
offered, or given for a charge, fee, or other contribution; no
certificate, diploma, degree, or other written evidence of
proficiency or achievement shall be offered whether in a
specified
place, by correspondence, or any other means of
communication, or
awarded; and no student enrollment in such
program shall be
solicited through advertising, agents, mail
circulars, or other
means, until the person planning to offer or
offering such
program, certificate, diploma, or degree has
obtained a
certificate of registration and appropriate program
authorization
in accordance with section 3332.05 of the Revised
Code. No school
shall offer a baccalaureate, master's, or
doctoral degree program
unless it has received a certificate of
authorization from the
Ohio board of regents and program
authorization from the state
board of
proprietary school
registration
career colleges and
schools. (2) No institution receiving a certificate of registration
after July 28,
1989, shall call itself a "university" unless it
meets all of
the following conditions: (a) It also holds an equivalent certificate issued by
another
state; (b) It calls itself a "university" in that other state, as
permitted under the terms of the other state's certificate; (c) It has been issued degree program authorization under
division (C) of section 3332.05 of the Revised Code. (B) The board shall petition the court of common pleas of
the county in which a person or agent, as defined in section
3332.01 of the Revised Code, offers one or more programs subject
to this chapter or advertises for the offering of such programs
without a certificate of registration and program authorization,
for an order enjoining such offering or advertising. The court
may grant such injunctive relief upon a showing that the
respondent named in the petition is offering or advertising one
or
more programs without a certificate of registration and
program
authorization.
Sec. 3332.07. (A) Each application for issuance and
renewal
of a certificate of registration, for the issuance and
renewal of
program authorization, for issuance and renewal of
agent's
permits, and for any other service specified by the state
board of
proprietary school registration
career colleges and schools shall
be accompanied by
the required fee. Fees submitted under this
section are not
returnable even if approval or renewal is denied. (B) Fee schedules for the issuance and renewal of
certificates of registration, for the issuance and renewal of
program authorization, for issuance and renewal of agent's
permits, and for any other service specified by the board shall
be
established by rule adopted by the state board. The fee for a
one-year
certificate of registration shall be one-half the fee for
a two-year
certificate. (C) If in any fiscal year the amount received in fees
under
this section does not equal or exceed fifty per cent of board
expenditures for the fiscal year, the board shall increase fees
for the
ensuing fiscal year by an amount estimated to be
sufficient to
produce revenues equal to fifty per cent of
estimated expenditures for
that ensuing fiscal year.
Sec. 3332.08. The application for a certificate of
registration shall be accompanied by a surety bond in the penal
sum of ten thousand dollars with conditions and in a form
prescribed by the state board of
proprietary school registration
career colleges and schools
with at least one corporate bonding
company
that has a AAA or AA rating from either Moody's investors
service or Standard
& Poor's and that is approved by the
department of insurance as surety thereon. Bond shall be
maintained in effect for
three years by any school that has
existed under the same ownership for five years immediately
before
the effective date of this amendment, for five years after the
effective date of this amendment, or its later original
registration, for any
other school; and for five years after the
approval of a change of ownership
of any
school
a period specified
by rule of the board. The board may permit a school to cancel its
bond if the school has been approved to participate in any federal
student financial assistance program authorized under Title IV of
the "Higher Education Act of 1965," 20 U.S.C.A. 1070 et seq., as
amended, or if the school meets standards of financial
responsibility otherwise established by the board. The bond shall
provide for the indemnification of any
person suffering loss as
the result of any fraud or
misrepresentation used in behalf of the
principal in procuring
such person's enrollment in a program,
including repayment of
tuition paid in advance by any student. The liability of the surety on such bond for the school
covered shall not exceed the sum of ten thousand dollars as an
aggregate for all students for all breaches of the conditions of
the bond by the school. The term of the bond shall be
continuous,
but it shall be subject to cancellation by the surety
in the
manner described in this section. The bond shall provide
blanket
coverage for the acts of all persons engaged as agents of
the
school without naming them and without regard to the time
they are
engaged during the term of the bond. The surety may terminate the bond upon giving a sixty-day
written notice to the principal and to the state board of
proprietary school registration
career colleges and schools, but
the liability of the surety
for acts of the principal and its
agents continues during the
sixty days of cancellation notice.
The
notice does not absolve
the surety from liability which
accrues
before the cancellation
becomes final but which is
discovered
after that date and which
may have arisen at any time
during the
term of the bond. Unless
the bond is replaced by that
of another
surety before the
expiration of the sixty days notice
of
cancellation, the
certificate of registration shall be
suspended.
Any person
subject to this section required to file a
bond with an
application for a certificate of registration may
file, in lieu
thereof, cash, a certificate of deposit, letter of
credit, or
government bonds in the amount of ten thousand dollars.
The
deposit is subject to the same terms and conditions as are
provided for in the surety bond required herein. Any interest or
earnings on such deposits are payable to the depositor.
Sec. 3332.081. The student tuition recovery authority is
created as a body corporate and politic of this state. The
purpose of the authority is to protect students of any school
registered by the state board of
proprietary school registration
career colleges and schools
from
prepaid tuition loss for the
academic term, whether due to
business failure
or any other reason
for which the student is not legally
responsible
a school closure. The authority shall consist of five members as follows:
the
executive director of the state board of
proprietary school
registration
career colleges and schools, the executive director
of the Ohio
council of
private
association of career colleges and
schools, the treasurer of state or
his
the treasurer of state's
designee, the
chairman
chairperson of the senate committee that
primarily
deals with education, and the
chairman
chairperson of
the
committee of the
house of representatives that primarily deals
with education. Each member of
the authority, before entering
upon
his
the member's official
duties, shall
take an oath as
provided by Section 7 of Article XV, Ohio Constitution. The
authority shall elect one of its members as
chairman
chairperson
and another as
vice-chairman
vice-chairperson, and shall appoint
a
secretary-treasurer who need not be a member of the authority. All meetings of the authority shall be public. All final
actions of the authority shall be journalized and such journal
and
the records of the authority shall be open to public
inspection at
all reasonable times.
Sec. 3332.082. The state board of
proprietary school
registration
career colleges and schools may pursue any lawful
means of assuring that
students of any school registered by the
state board do not
suffer
prepaid tuition loss as a result of
a
business failure or other
default
the closure of a school. This
may include lawsuits against a school
or any individual who may
reasonably have liability as a result
of the default, in which the
attorney general shall advise and
represent the board.
Any student
seeking reimbursement for a prepaid tuition loss shall submit a
claim for reimbursement to the board not later than one year
following the school's closure. On and after January 1, 1991, any
Any reimbursement for a
prepaid
tuition loss or advance against a possible
prepaid tuition
loss of a
student, and any expenses reasonably incurred by the
board in its
pursuit of any remedy, shall be paid from the student
tuition
recovery fund created by section 3332.083 of the Revised
Code.
This
Tuition loss does not include moneys held by a school
in escrow accounts
for tuition or fees for future terms, as
uncommitted grants,
loans, or Pell grant money. If the fund is
not of sufficient
size to pay the students the full amount of
their prepaid fee,
the
students
student tuition recovery authority
shall determine
the
percentage of the amount that will be paid.
Any money recovered from the defaulting school, any
individual with liability for the default, or the surety under a
bond provided under section 3332.08 of the Revised Code shall be
deposited into the fund.
Sec. 3332.083. The student tuition recovery fund is
created
in the custody of the treasurer of state, but not as a
part of the
state treasury. All revenues received from payments
recieved
received under section 3332.085 of the Revised Code from
schools
registered by the state board of
proprietary school
registration
career colleges and schools and any other sources shall be
deposited into the
fund. The treasurer of state shall invest any
portion of the
fund not needed for immediate use in the same
manner as in the
investment of state funds. All investment
earnings of the fund
shall be credited to the fund. The treasurer
of state shall
disburse money from the fund on order of the
chairman
chairperson of the student tuition recovery authority or
his
the chairperson's designee. All moneys and other assets acquired by the authority shall
be held in trust to carry out its powers and duties and shall be
used and reused to provide for the services described in this
chapter.
Sec. 3332.085. (A) Not later than the thirty-first day
of
August in each year, each school registered by the
state board of
proprietary school registration
career colleges and schools shall
pay into the
student tuition recovery fund in the following
amounts: (1) Schools initially registered or sold on or after July
28,
1989, for the first five payments $500; (2) Any other school, according to its prior year's
tuition
receipts:
|
Up to $400,000 |
$ |
200 |
|
|
$400,001 to $700,000 |
|
400 |
|
|
$700,001 to $1,000,000 |
|
800 |
|
|
Over $1,000,000 |
|
1,000 |
|
Checks shall be made payable to the student tuition recovery
fund
and sent to the executive director of the state board, who
shall
promptly forward all such receipts to the treasurer of
state.
Failure of a school to make a payment is cause for
cancellation
of its certificate of registration. (B) The student tuition recovery authority may impose a
special assessment on the schools in an amount up to the amount
of
an annual contribution if the draw on the money exceeds the
money
on hand. (C) Once the fund has assets in excess of liabilities of
approximately one million dollars, the authority may: (1) Reduce or
eliminate the annual contributions, except on
institutions that
are required to contribute to the fund for at
least a five-year
period. The reduction in contributions to the
fund will be at
the discretion of the authority but they will be
guided by the
objective to maintain assets in excess of
liabilities of
approximately one million dollars. (2) Utilize moneys in excess of the assets required to be
maintained in the fund by division (C)(1) of this section for the
purposes of disseminating consumer information about
proprietary
private career schools and
maintaining student records from closed
schools.
Sec. 3332.09. The state board of
proprietary school
registration
career colleges and schools may limit, suspend,
revoke, or refuse to issue or
renew a certificate of registration
or program authorization or
may impose a penalty pursuant to
section 3332.091 of the Revised
Code for any one or combination of
the following causes: (A) Violation of any provision of sections 3332.01 to
3332.09 of the Revised Code, the board's minimum standards, or
any
rule made by the board; (B) Furnishing of false, misleading, deceptive, altered,
or
incomplete information or documents to the board; (C) The signing of an application or the holding of a
certificate of registration by a person who has pleaded guilty or
has been found guilty of a felony or has pleaded guilty or been
found guilty of a crime involving moral turpitude; (D) The signing of an application or the holding of a
certificate of registration by a person who is addicted to the
use
of any controlled substance, or who is found to be mentally
incompetent; (E) Violation of any commitment made in an application for
a
certificate of registration or program authorization; (F) Presenting to prospective students, either at the time
of solicitation or enrollment, or through advertising, mail
circulars, or phone solicitation, misleading, deceptive, false,
or
fraudulent information relating to any program, employment
opportunity, or opportunities for enrollment in accredited
institutions of higher education after entering or completing
programs offered by the holder of a certificate of registration; (G) Failure to provide or maintain premises or equipment
for
offering programs in a safe and sanitary condition; (H) Refusal by an agent to display the agent's permit upon
demand of a prospective student or other interested person; (I) Failure to maintain financial resources adequate for
the
satisfactory conduct of programs as presented in the plan of
operation or to retain a sufficient number and qualified staff of
instruction, except that nothing in this chapter requires an
instructor to be licensed by the state
board of education or
to
hold any type of post-high school degree; (J) Offering training or programs other than those
presented
in the application, except that schools may offer
special courses
adapted to the needs of individual students when
the special
courses are in the subject field specified in the
application; (K) Discrimination in the acceptance of students upon the
basis of race, color, religion, sex, or national origin; (L) Accepting the services of an agent not holding a valid
permit issued under section 3332.10 or 3332.11 of the Revised
Code; (M) The use of monetary or other valuable consideration by
the school's agents or representatives to induce prospective
students to enroll in the school, or the practice of awarding
monetary or other valuable considerations
without board approval
to students in exchange
for procuring the enrollment of others; (N) Failure to provide at the request of the board, any
information, records, or files pertaining to the operation of the
school or recruitment and enrollment of students. If the board modifies or adopts additional minimum
standards
or rules pursuant to section 3332.031 of the Revised
Code, all
schools and agents shall have sixty days from the
effective date
of the modifications or additional standards or
rules to comply
with such modifications or additions.
Sec. 3332.091. (A)(1) Any person adversely affected by
the
actions of a certificate holder may file a complaint with the
state board of
proprietary school registration
career colleges and
schools alleging that any
school registered with the board has
violated any provision of
section 3332.09 of the Revised Code.
The
complaint shall be in
writing and signed by the complainant
and
shall be filed with the
board within six months after the
violations allegedly were
committed. Upon receiving a complaint,
the board shall initiate
a preliminary investigation to determine
whether it is probable
that violations were committed. If the
board determines after
preliminary investigation that it is not
probable that any
violations were committed, it shall notify the
person who filed
the complaint that it has so determined and that
it will not
issue a formal complaint in the matter. If the board determines after a preliminary investigation
that it is probable that violations were committed, it may issue
a
formal complaint under division (A)(2) of this section or it
may
endeavor to eliminate such practices by informal methods of
conference, conciliation, and persuasion. Nothing said or done
during these endeavors shall be disclosed by any member of the
board or its staff or be used as evidence in any subsequent
proceedings. If, after such investigation and conference, the
board is satisfied that such violations will be eliminated, it
may
treat the complaint as conciliated, and entry of such
disposition
shall be made in the records of the board. (2) If as a result of any informal methods utilized under
division (A)(1) of this section, the board fails to effect the
elimination of violations or fails to obtain voluntary compliance
with this chapter, the board shall issue a formal complaint to
the
holder of a certificate of registration of the school under
investigation. The formal complaint shall state the charges
against the school and
require
grant the certificate holder
the
opportunity to appear
before the board at a public hearing
pursuant to Chapter 119. of
the Revised Code. The board shall
hold the public hearing not
sooner than thirty days after issuance
of the formal complaint.
Any formal complaint issued pursuant to
this section must be
issued within one year after the state
board's receipt of a
complaint from a person adversely affected by
the actions of a
certificate holder. If at the time of issuing a formal complaint, the board has
reasonable cause to believe that the violations that are the
subject of the complaint will continue and constitute an
immediate
threat to the welfare of current and prospective
students, the
board, for a period not to exceed the lesser of
ninety days or the
period of time until a final adjudication
order dismissing the
complaint or imposing a penalty is issued
under this section, may: (a) Issue an order prohibiting the school's agents from
personally contacting students; (b) Issue an order prohibiting the school from using any
advertising, recruiting, or promotional materials unless such
materials have been approved by the board. The board must
approve
or disapprove any materials submitted to it under such an
order
within thirty days of their receipt. (c) Issue an order prohibiting the operation of a school. If, after a public hearing, the board determines that the
holder of a certificate of registration has violated any
provision
of section 3332.09 of the Revised Code, the board shall
issue a
final adjudication order levying a civil penalty pursuant
to
division (B) of this section or limiting, suspending, or
revoking
the certificate of registration or program authorization
or any
combination thereof. The board may impose additional
penalties
including but not necessarily limited to curtailment of
advertising, and discontinuation of enrollment of students in
specific programs. Upon suspension or revocation, the board
immediately shall also issue an order pursuant to Chapter 119. of
the Revised Code requiring such person immediately to cease all
sales, advertising, and enrollment activities. (B) Pursuant to division (A) of this section, the board
may
impose a civil penalty of not less than one thousand nor more
than
three thousand five hundred dollars for each violation of
section
3332.09 of the Revised Code, but not to exceed an
aggregate
penalty of thirty-five thousand dollars in any
six-month period. (C) The board shall prepare an annual report that
documents
the disposition of all complaints, their status, board
action, and
the elapsed time from the initial filing of the
complaint until
final resolution. The report shall be made
available to anyone
upon request. (D) The board may, upon its own initiative and independent
of the filing of any complaints, conduct a preliminary
investigation relating to any possible violations of section
3332.09 of the Revised Code. At any time while a school is in session, the board or its
designee may conduct on-site inspections and reviews of a school
and its courses of instruction. The board shall conduct such
visits and reviews, including visits without prior notice to the
schools, as necessary to ensure compliance with this chapter. All books, records, and files of a school shall be open for
inspection by the board, its designees, or staff during on-site
inspections, or whenever requested by the board for the purpose
of
ensuring compliance with the provisions of this chapter. For the purpose of conducting any investigation,
inspection,
or review, the board may administer oaths, take the
testimony of
any person under oath, issue subpoenas, compel the
attendance of
witnesses, or require the production for
examination of any books
and papers relating to any matter under
investigation or in
question before the board. (E) During the course of any investigation under division
(A) or (D) of this section, the board shall refer all possible
violations of Chapter 1345. of the Revised Code to the attorney
general.
Sec. 3332.092. Any school subject to this chapter receiving
money under
section 3333.12 of the Revised Code on behalf of a
student who is determined
by the state board of
proprietary school
registration
career colleges and schools to be ineligible under
such section because the program in which
he
the student is
enrolled does not lead to an associate or baccalaureate degree,
shall be
liable to the state for the amount
specified in section
3333.12 of the Revised Code. The state board of
proprietary
school registration
career colleges and schools shall suspend the
certificate of registration
of a school receiving money under
section 3333.12 of the Revised Code for such
ineligible student
until such time as the money is repaid to the
Ohio board of
regents.
Sec. 3332.10. (A) No individual shall sell any program or
solicit students therefor in this state unless
he
the individual
is an employee of the school. Any individual whose primary duty,
whether on
or off school premises, is to solicit prospective
students shall
first secure a permit as an agent from the state
board of
proprietary school registration
career colleges and
schools. If the agent represents more
than one school, a separate
permit shall be obtained for each
school represented by
him
the
agent. An agent who represents a
person that
operates more than
one school in the same geographical area, as
determined by the
board, need not obtain a separate permit for
each such school.
Upon approval for a permit, the board shall
issue a pocket card to
the individual, giving
his
the
individual's name, address, permit
number, and the name and address of
his
the employing school, and
certifying that the individual
whose name appears on the card
is
an authorized agent of the school. (B) The application for a permit shall be made on forms to
be furnished by the board and accompanied by the fee established
in accordance with section 3332.07 of the Revised Code
and a
surety bond acceptable to the board in the penal sum of one
thousand dollars. A permit shall be renewed every twelve months
and shall be valid for up to thirty days after its expiration
date.
The surety bond may be continuous and shall be conditioned
to provide indemnification to any student suffering loss as a
result of any fraud or misrepresentation used in procuring his
enrollment, and may be supplied by an agent of a school or by
the
school itself as a blanket bond covering all of its agents in the
amount of one thousand dollars for each agent. The liability of
the surety on such bond for each agent covered shall not exceed
the sum of one thousand dollars as an aggregate for all students
for all breaches of the conditions of the bond by such agents.
The
surety of any such bond may cancel the same upon giving
thirty
days' notice in writing to the board and is relieved of
liability
for any breach of condition occurring after the
effective date of
the cancellation. An application for renewal
shall be accompanied
by the fee established in accordance with
section 3332.07 of the
Revised Code
and a surety bond as provided
in this section, if a
continuous bond has not been furnished. (C) Each school subject to this chapter shall assume full
responsibility for the actions, statements, and conduct of its
agents, and shall provide them with adequate training and arrange
for proper supervision of their work. The board shall hold
schools liable for the actions, statements, and conduct of agents
that violate any provision of this chapter, unless an agent's
acts
or omissions were manifestly outside the scope of
his
the
agent's
employment or official responsibilities.
Sec. 3332.11. Any agent's permit applied for pursuant to
section 3332.10 of
the Revised Code shall be granted or denied
within thirty days of the receipt
of the application by the state
board of
proprietary school registration
career colleges and
schools. If
the board has not completed its determination with
respect to the issuance of
a permit within such thirty-day period,
it shall issue a temporary permit to
the applicant, which permit
is sufficient to meet the requirements of section
3332.10 of the
Revised Code until such time as such determination is made. No permit shall be issued to any person found by the board
not to be of good
moral character.
Sec. 3332.12. Any agent's permit issued may be suspended
or
revoked by the state board of
proprietary school registration
career colleges and schools
if the holder of the permit solicits
or enrolls students through
fraud, deception, or
misrepresentation, upon a finding that the
permit holder has
violated any provision enumerated in division
(A), (B), (F), (H),
(J), (K), or (M) of section 3332.09 of the
Revised Code, or upon
finding that the permit holder is not of
good moral character. Upon receipt of any written complaint from any person, the
board shall conduct a preliminary investigation. If after such
investigation or if as a result of any investigation conducted
under division (A) or (D) of section 3332.091 of the Revised
Code,
the board determines it is probable violations were
committed, the
board shall hold informal conferences in the same
manner as
provided in section 3332.091 of the Revised Code with
an agent
believed to be in violation of one or more of the above
conditions. If after sixty days these conferences fail to
eliminate the agent's objectionable practices or procedures, the
board shall issue a formal complaint to the agent and the school
that employs the agent. The formal complaint shall state the
charges against the agent and the holder of the
certificate
certificate of registration of the school and shall require them
to appear before the board at a public hearing pursuant to
Chapter
119. of the Revised Code. If, after the public hearing,
the board
determines that an agent has violated one or more of
the
provisions described above, the board shall suspend or revoke
the
agent's permit. If after such hearing the board also determines that the
school at which the agent was employed was negligent in its
supervision of the agent or encouraged or caused the commission
of
the violations, the board shall levy penalties against such
school
in accordance with division (A) of section 3332.091 of the
Revised
Code. Nothing said or done in the informal conferences
shall be
disclosed by the board or any member of its staff nor be
used as
evidence in any subsequent proceedings.
Sec. 3332.13. The fact that a bond is in force pursuant to
section
3332.10
3332.08 of
the Revised Code does not limit nor
impair any right of recovery otherwise
available pursuant to law,
nor is the amount of such bond relevant in
determining the amount
of damages or other relief to which any plaintiff may
be entitled.
Sec. 3332.18. On receipt of a notice pursuant to
section
3123.43 of the Revised Code, the state board
of
proprietary school
registration
career colleges and schools shall comply with
sections 3123.41 to 3123.50 of the
Revised Code and any applicable
rules adopted under
section
3123.63 of the Revised Code
with
respect to a permit issued
pursuant to this chapter.
Sec. 3333.043. (A) As used in this section: (1)
"Institution of higher education" means the state
universities listed in section 3345.011 of the Revised Code,
municipal educational institutions established under Chapter
3349.
of the Revised Code, community colleges established under
Chapter
3354. of the Revised Code, university branches
established under
Chapter 3355. of the Revised Code, technical
colleges established
under Chapter 3357. of the Revised Code,
state community colleges
established under Chapter 3358. of the
Revised Code, any
institution of higher education with a
certificate of registration
from the state board of
proprietary
school registration
career
colleges and schools, and any
institution for which the Ohio board
of regents receives a notice
pursuant to division (C) of this
section. (2)
"Community service" has the same meaning as in section
3313.605 of the Revised Code. (B)(1) The board of trustees or other governing entity of
each institution of higher education shall encourage and promote
participation of students in community service through a program
appropriate to the mission, student population, and environment
of
each institution. The program may include, but not be limited
to,
providing information about community service opportunities
during
student orientation or in student publications; providing
awards
for exemplary community service; encouraging faculty
members to
incorporate community service into students' academic
experiences
wherever appropriate to the curriculum; encouraging
recognized
student organizations to undertake community service
projects as
part of their purposes;
and establishing advisory
committees of
students, faculty members, and community and
business leaders to
develop cooperative programs that benefit the
community and
enhance student experience. The program shall be
flexible in
design so as to permit participation by the greatest
possible
number of students, including part-time students and
students for
whom participation may be difficult due to
financial, academic,
personal, or other considerations. The
program shall emphasize
community service opportunities that can
most effectively use the
skills of students, such as tutoring or
literacy programs. The
programs shall encourage students to
perform services that will
not supplant the hiring of, result in
the displacement of, or
impair any existing employment contracts
of any particular
employee of any private or governmental entity
for which services
are performed. (2) The Ohio board of regents shall encourage all
institutions of higher education in the development of community
service programs. With the assistance of the
Ohio community
service
council created in section 121.40 of
the
Revised Code,
the board of regents shall make available
information about higher
education community service programs to
institutions of higher
education and to statewide organizations
involved with or
promoting volunteerism, including information
about model
community service programs, teacher training courses,
and
community service curricula and teaching materials for
possible
use by institutions of higher education in their
programs. The
board shall encourage institutions of higher
education to jointly
coordinate higher education community
service
programs through
consortia of institutions or other
appropriate
means of
coordination. (C) The board of trustees of any nonprofit institution
with
a certificate of authorization issued by the Ohio board of
regents
pursuant to Chapter 1713. of the Revised Code
or the governing
authority of a private institution exempt from regulation under
Chapter 3332. of the Revised Code as prescribed in section
3333.046 of the Revised Code may notify
the board
of regents that
it is making itself subject to
divisions (A) and
(B) of this
section. Upon receipt of such a
notice, these
divisions shall
apply to that institution.
Sec. 3333.12. (A) As used in this section: (1)
"Eligible student" means an undergraduate student who
is: (b) Enrolled in either of the following: (i) An accredited institution of higher education in this
state that meets the requirements of Title VI of the Civil Rights
Act of 1964 and is state-assisted, is nonprofit and has a
certificate of authorization from the Ohio board of regents
pursuant to Chapter 1713. of the Revised Code,
has a
certificate
of registration from the state board of
proprietary
school
registration
career colleges and schools and program authorization
to award an
associate or
bachelor's degree, or is a private
institution exempt
from
regulation under Chapter 3332. of the
Revised Code as
prescribed
in section 3333.046 of the Revised
Code. Students who
attend an
institution that holds a certificate
of registration
shall be
enrolled in a program leading to an
associate or
bachelor's
degree
for which associate or bachelor's
degree program
the
institution
has program authorization issued
under section
3332.05 of the
Revised Code. (ii) A technical education program of at least two years
duration sponsored by a private institution of higher education
in
this state that meets the requirements of Title VI of the
Civil
Rights Act of 1964. (c) Enrolled as a full-time student or enrolled as a less
than full-time student for the term expected to be the
student's
final term
of enrollment and is enrolled for the number of credit
hours
necessary to complete the requirements of the program in
which
the student is enrolled. (2)
"Gross income" includes all taxable and nontaxable
income
of the parents, the student, and the student's spouse,
except
income derived from an Ohio academic scholarship,
income
earned by
the student between the last day of the spring
term and
the first
day of the fall term,
and other income exclusions
designated by
the board. Gross income
may be verified to the
board by the
institution in which the student is
enrolled using
the federal
financial aid eligibility verification
process
or by
other means
satisfactory to the board. (3)
"Resident,"
"full-time student,"
"dependent,"
"financially independent," and
"accredited" shall be defined by
rules adopted by the board. (B) The Ohio board of regents shall establish and
administer
an instructional grant program and may adopt rules to
carry out
this section. The general assembly shall support the
instructional grant program by such sums and in such manner as it
may provide, but the board may also receive funds from other
sources to support the program. If the amounts available for
support of the program are inadequate to provide grants to all
eligible students, preference in the payment of grants shall be
given in terms of income, beginning with the lowest income
category of gross income and proceeding upward by category to the
highest gross income category. An instructional grant shall be paid to an eligible student
through the institution in which the student is enrolled,
except
that no
instructional grant shall be paid to any person serving a
term of
imprisonment. Applications for
such grants shall be made
as prescribed by the board, and
such applications may be made in
conjunction with and upon the
basis of information provided in
conjunction with student
assistance programs funded by agencies of
the United States
government or from financial resources of the
institution of
higher education. The institution shall certify
that the student
applicant meets the requirements set forth in
divisions (A)(1)(b)
and (c) of this section. Instructional grants
shall be provided
to an eligible student only as long as the
student is making
appropriate progress toward a nursing diploma or
an associate or
bachelor's degree. No
student shall be eligible
to receive a grant for more than ten
semesters, fifteen quarters,
or the equivalent of five academic
years. A grant made to an
eligible student on the basis of less
than full-time enrollment
shall be based on the number of credit
hours for which the student
is enrolled and shall be computed in
accordance with a formula
adopted by the board. No student
shall receive more than one
grant on the basis of less than
full-time enrollment. An instructional grant shall not exceed the total
instructional and general charges of the institution. (C) The tables in this division prescribe the maximum grant
amounts covering two semesters, three quarters, or a comparable
portion of one academic year. Grant amounts for additional
terms
in the same academic year shall be determined under
division (D)
of this section. For a full-time student who is a dependent and
enrolled in a
nonprofit educational institution that is not a
state-assisted
institution and that has a certificate of
authorization issued
pursuant to Chapter 1713. of the Revised
Code, the amount of the
instructional grant for
two semesters, three quarters, or a
comparable portion of
the academic year
shall be determined in
accordance with the following table:
Private InstitutionTable of Grants
|
Maximum Grant $5,466 |
Gross Income |
Number of Dependents |
$0 - $15,000 |
|
$5,466 |
|
$5,466 |
|
$5,466 |
|
$5,466 |
|
$5,466 |
$15,001 - $16,000 |
|
4,920 |
|
5,466 |
|
5,466 |
|
5,466 |
|
5,466 |
$16,001 - $17,000 |
|
4,362 |
|
4,920 |
|
5,466 |
|
5,466 |
|
5,466 |
$17,001 - $18,000 |
|
3,828 |
|
4,362 |
|
4,920 |
|
5,466 |
|
5,466 |
$18,001 - $19,000 |
|
3,288 |
|
3,828 |
|
4,362 |
|
4,920 |
|
5,466 |
$19,001 - $22,000 |
|
2,736 |
|
3,288 |
|
3,828 |
|
4,362 |
|
4,920 |
$22,001 - $25,000 |
|
2,178 |
|
2,736 |
|
3,288 |
|
3,828 |
|
4,362 |
$25,001 - $28,000 |
|
1,626 |
|
2,178 |
|
2,736 |
|
3,288 |
|
3,828 |
$28,001 - $31,000 |
|
1,344 |
|
1,626 |
|
2,178 |
|
2,736 |
|
3,288 |
$31,001 - $32,000 |
|
1,080 |
|
1,344 |
|
1,626 |
|
2,178 |
|
2,736 |
$32,001 - $33,000 |
|
984 |
|
1,080 |
|
1,344 |
|
1,626 |
|
2,178 |
$33,001 - $34,000 |
|
888 |
|
984 |
|
1,080 |
|
1,344 |
|
1,626 |
$34,001 - $35,000 |
|
444 |
|
888 |
|
984 |
|
1,080 |
|
1,344 |
$35,001 - $36,000 |
|
-- |
|
444 |
|
888 |
|
984 |
|
1,080 |
$36,001 - $37,000 |
|
-- |
|
-- |
|
444 |
|
888 |
|
984 |
$37,001 - $38,000 |
|
-- |
|
-- |
|
-- |
|
444 |
|
888 |
$38,001 - $39,000 |
|
-- |
|
-- |
|
-- |
|
-- |
|
444 |
For a full-time student who is financially independent and
enrolled in a nonprofit educational institution that is not a
state-assisted institution and that has a certificate of
authorization issued pursuant to Chapter 1713. of the Revised
Code, the amount of the instructional grant for
two semesters,
three quarters, or a comparable portion of
the academic year
shall
be determined in accordance with the following table:
Private InstitutionTable of Grants
|
Maximum Grant $5,466 |
Gross Income |
Number of Dependents |
$0 - $4,800 |
$5,466 |
|
$5,466 |
|
$5,466 |
$5,466 |
$5,466 |
|
$5,466 |
$4,801 - $5,300 |
4,920 |
|
5,466 |
|
5,466 |
5,466 |
5,466 |
|
5,466 |
$5,301 - $5,800 |
4,362 |
|
4,920 |
|
5,466 |
5,466 |
5,466 |
|
5,466 |
$5,801 - $6,300 |
3,828 |
|
4,362 |
|
4,920 |
5,466 |
5,466 |
|
5,466 |
$6,301 - $6,800 |
3,288 |
|
3,828 |
|
4,362 |
4,920 |
5,466 |
|
5,466 |
$6,801 - $7,300 |
2,736 |
|
3,288 |
|
3,828 |
4,362 |
4,920 |
|
5,466 |
$7,301 - $8,300 |
2,178 |
|
2,736 |
|
3,288 |
3,828 |
4,362 |
|
4,920 |
$8,301 - $9,300 |
1,626 |
|
2,178 |
|
2,736 |
3,288 |
3,828 |
|
4,362 |
$9,301 - $10,300 |
1,344 |
|
1,626 |
|
2,178 |
2,736 |
3,288 |
|
3,828 |
$10,301 - $11,800 |
1,080 |
|
1,344 |
|
1,626 |
2,178 |
2,736 |
|
3,288 |
$11,801 - $13,300 |
984 |
|
1,080 |
|
1,344 |
1,626 |
2,178 |
|
2,736 |
$13,301 - $14,800 |
888 |
|
984 |
|
1,080 |
1,344 |
1,626 |
|
2,178 |
$14,801 - $16,300 |
444 |
|
888 |
|
984 |
1,080 |
1,344 |
|
1,626 |
$16,301 - $19,300 |
-- |
|
444 |
|
888 |
984 |
1,080 |
|
1,344 |
$19,301 - $22,300 |
-- |
|
-- |
|
444 |
888 |
984 |
|
1,080 |
$22,301 - $25,300 |
-- |
|
-- |
|
-- |
444 |
888 |
|
984 |
$25,301 - $30,300 |
-- |
|
-- |
|
-- |
-- |
444 |
|
888 |
$30,301 - $35,300 |
-- |
|
-- |
|
-- |
-- |
-- |
|
444 |
For a full-time student who is a dependent and enrolled in
an
educational institution that holds a certificate of
registration
from the state board of
proprietary school
registration
career
colleges and schools
or a
private institution exempt from
regulation under Chapter 3332. of
the Revised Code as prescribed
in section 3333.046 of the Revised
Code, the
amount of the
instructional grant for
two semesters,
three
quarters, or a
comparable portion of
the academic year shall
be
determined in
accordance with the
following table:
Proprietary
Career InstitutionTable of Grants
|
Maximum Grant $4,632 |
Gross Income |
Number of Dependents |
$0 - $15,000 |
|
$4,632 |
|
$4,632 |
|
$4,632 |
|
$4,632 |
|
$4,632 |
$15,001 - $16,000 |
|
4,182 |
|
4,632 |
|
4,632 |
|
4,632 |
|
4,632 |
$16,001 - $17,000 |
|
3,684 |
|
4,182 |
|
4,632 |
|
4,632 |
|
4,632 |
$17,001 - $18,000 |
|
3,222 |
|
3,684 |
|
4,182 |
|
4,632 |
|
4,632 |
$18,001 - $19,000 |
|
2,790 |
|
3,222 |
|
3,684 |
|
4,182 |
|
4,632 |
$19,001 - $22,000 |
|
2,292 |
|
2,790 |
|
3,222 |
|
3,684 |
|
4,182 |
$22,001 - $25,000 |
|
1,854 |
|
2,292 |
|
2,790 |
|
3,222 |
|
3,684 |
$25,001 - $28,000 |
|
1,416 |
|
1,854 |
|
2,292 |
|
2,790 |
|
3,222 |
$28,001 - $31,000 |
|
1,134 |
|
1,416 |
|
1,854 |
|
2,292 |
|
2,790 |
$31,001 - $32,000 |
|
906 |
|
1,134 |
|
1,416 |
|
1,854 |
|
2,292 |
$32,001 - $33,000 |
|
852 |
|
906 |
|
1,134 |
|
1,416 |
|
1,854 |
$33,001 - $34,000 |
|
750 |
|
852 |
|
906 |
|
1,134 |
|
1,416 |
$34,001 - $35,000 |
|
372 |
|
750 |
|
852 |
|
906 |
|
1,134 |
$35,001 - $36,000 |
|
-- |
|
372 |
|
750 |
|
852 |
|
906 |
$36,001 - $37,000 |
|
-- |
|
-- |
|
372 |
|
750 |
|
852 |
$37,001 - $38,000 |
|
-- |
|
-- |
|
-- |
|
372 |
|
750 |
$38,001 - $39,000 |
|
-- |
|
-- |
|
-- |
|
-- |
|
372 |
For a full-time student who is financially independent and
enrolled in an educational institution that holds a certificate
of
registration from the state board of
proprietary school
registration
career colleges and schools
or a private institution
exempt from regulation under
Chapter 3332. of the Revised Code as
prescribed in section
3333.046 of the Revised Code, the amount of
the instructional
grant for
two
semesters, three quarters, or a
comparable portion
of
the academic
year shall be determined in
accordance with the
following table:
Proprietary
Career InstitutionTable of Grants
|
Maximum Grant $4,632 |
Gross Income |
Number of Dependents |
$0 - $4,800 |
$4,632 |
|
$4,632 |
|
$4,632 |
$4,632 |
$4,632 |
|
$4,632 |
$4,801 - $5,300 |
4,182 |
|
4,632 |
|
4,632 |
4,632 |
4,632 |
|
4,632 |
$5,301 - $5,800 |
3,684 |
|
4,182 |
|
4,632 |
4,632 |
4,632 |
|
4,632 |
$5,801 - $6,300 |
3,222 |
|
3,684 |
|
4,182 |
4,632 |
4,632 |
|
4,632 |
$6,301 - $6,800 |
2,790 |
|
3,222 |
|
3,684 |
4,182 |
4,632 |
|
4,632 |
$6,801 - $7,300 |
2,292 |
|
2,790 |
|
3,222 |
3,684 |
4,182 |
|
4,632 |
$7,301 - $8,300 |
1,854 |
|
2,292 |
|
2,790 |
3,222 |
3,684 |
|
4,182 |
$8,301 - $9,300 |
1,416 |
|
1,854 |
|
2,292 |
2,790 |
3,222 |
|
3,684 |
$9,301 - $10,300 |
1,134 |
|
1,416 |
|
1,854 |
2,292 |
2,790 |
|
3,222 |
$10,301 - $11,800 |
906 |
|
1,134 |
|
1,416 |
1,854 |
2,292 |
|
2,790 |
$11,801 - $13,300 |
852 |
|
906 |
|
1,134 |
1,416 |
1,854 |
|
2,292 |
$13,301 - $14,800 |
750 |
|
852 |
|
906 |
1,134 |
1,416 |
|
1,854 |
$14,801 - $16,300 |
372 |
|
750 |
|
852 |
906 |
1,134 |
|
1,416 |
$16,301 - $19,300 |
-- |
|
372 |
|
750 |
852 |
906 |
|
1,134 |
$19,301 - $22,300 |
-- |
|
-- |
|
372 |
750 |
852 |
|
906 |
$22,301 - $25,300 |
-- |
|
-- |
|
-- |
372 |
750 |
|
852 |
$25,301 - $30,300 |
-- |
|
-- |
|
-- |
-- |
372 |
|
750 |
$30,301 - $35,300 |
-- |
|
-- |
|
-- |
-- |
-- |
|
372 |
For a full-time student who is a dependent and enrolled in
a
state-assisted educational institution, the amount of the
instructional grant for
two semesters, three quarters, or a
comparable portion of
the academic year shall be determined in
accordance with the following table:
Public InstitutionTable of Grants
|
Maximum Grant $2,190 |
Gross Income |
Number of Dependents |
$0 - $15,000 |
|
$2,190 |
|
$2,190 |
|
$2,190 |
|
$2,190 |
|
$2,190 |
$15,001 - $16,000 |
|
1,974 |
|
2,190 |
|
2,190 |
|
2,190 |
|
2,190 |
$16,001 - $17,000 |
|
1,740 |
|
1,974 |
|
2,190 |
|
2,190 |
|
2,190 |
$17,001 - $18,000 |
|
1,542 |
|
1,740 |
|
1,974 |
|
2,190 |
|
2,190 |
$18,001 - $19,000 |
|
1,320 |
|
1,542 |
|
1,740 |
|
1,974 |
|
2,190 |
$19,001 - $22,000 |
|
1,080 |
|
1,320 |
|
1,542 |
|
1,740 |
|
1,974 |
$22,001 - $25,000 |
|
864 |
|
1,080 |
|
1,320 |
|
1,542 |
|
1,740 |
$25,001 - $28,000 |
|
648 |
|
864 |
|
1,080 |
|
1,320 |
|
1,542 |
$28,001 - $31,000 |
|
522 |
|
648 |
|
864 |
|
1,080 |
|
1,320 |
$31,001 - $32,000 |
|
420 |
|
522 |
|
648 |
|
864 |
|
1,080 |
$32,001 - $33,000 |
|
384 |
|
420 |
|
522 |
|
648 |
|
864 |
$33,001 - $34,000 |
|
354 |
|
384 |
|
420 |
|
522 |
|
648 |
$34,001 - $35,000 |
|
174 |
|
354 |
|
384 |
|
420 |
|
522 |
$35,001 - $36,000 |
|
-- |
|
174 |
|
354 |
|
384 |
|
420 |
$36,001 - $37,000 |
|
-- |
|
-- |
|
174 |
|
354 |
|
384 |
$37,001 - $38,000 |
|
-- |
|
-- |
|
-- |
|
174 |
|
354 |
$38,001 - $39,000 |
|
-- |
|
-- |
|
-- |
|
-- |
|
174 |
For a full-time student who is financially independent and
enrolled in a state-assisted educational institution, the amount
of the instructional grant for
two semesters, three quarters, or a
comparable portion of
the academic year shall be
determined in
accordance with the following table:
Public InstitutionTable of Grants
|
Maximum Grant $2,190 |
Gross Income |
Number of Dependents |
$0 - $4,800 |
|
$2,190 |
|
$2,190 |
|
$2,190 |
$2,190 |
$2,190 |
|
$2,190 |
$4,801 - $5,300 |
|
1,974 |
|
2,190 |
|
2,190 |
2,190 |
2,190 |
|
2,190 |
$5,301 - $5,800 |
|
1,740 |
|
1,974 |
|
2,190 |
2,190 |
2,190 |
|
2,190 |
$5,801 - $6,300 |
|
1,542 |
|
1,740 |
|
1,974 |
2,190 |
2,190 |
|
2,190 |
$6,301 - $6,800 |
|
1,320 |
|
1,542 |
|
1,740 |
1,974 |
2,190 |
|
2,190 |
$6,801 - $7,300 |
|
1,080 |
|
1,320 |
|
1,542 |
1,740 |
1,974 |
|
2,190 |
$7,301 - $8,300 |
|
864 |
|
1,080 |
|
1,320 |
1,542 |
1,740 |
|
1,974 |
$8,301 - $9,300 |
|
648 |
|
864 |
|
1,080 |
1,320 |
1,542 |
|
1,740 |
$9,301 - $10,300 |
|
522 |
|
648 |
|
864 |
1,080 |
1,320 |
|
1,542 |
$10,301 - $11,800 |
|
420 |
|
522 |
|
648 |
864 |
1,080 |
|
1,320 |
$11,801 - $13,300 |
|
384 |
|
420 |
|
522 |
648 |
864 |
|
1,080 |
$13,301 - $14,800 |
|
354 |
|
384 |
|
420 |
522 |
648 |
|
864 |
$14,801 - $16,300 |
|
174 |
|
354 |
|
384 |
420 |
522 |
|
648 |
$16,301 - $19,300 |
|
-- |
|
174 |
|
354 |
384 |
420 |
|
522 |
$19,301 - $22,300 |
|
-- |
|
-- |
|
174 |
354 |
384 |
|
420 |
$22,301 - $25,300 |
|
-- |
|
-- |
|
-- |
174 |
354 |
|
384 |
$25,301 - $30,300 |
|
-- |
|
-- |
|
-- |
-- |
174 |
|
354 |
$30,301 - $35,300 |
|
-- |
|
-- |
|
-- |
-- |
-- |
|
174 |
(D) For a full-time student enrolled in an eligible
institution for a semester or quarter in addition to the portion
of the
academic year covered by a grant determined under division
(C) of this section, the
maximum grant amount shall be a
percentage of the maximum
prescribed in the applicable table of
that division. The
maximum grant for a fourth quarter shall be
one-third of the
maximum amount prescribed under that division.
The maximum
grant for a third semester shall be one-half of the
maximum
amount prescribed under that division.
(E) No grant shall be made to any student in a course of
study in theology, religion, or other field of preparation for a
religious profession unless such course of study leads to an
accredited bachelor of arts, bachelor of science, associate of
arts, or associate of science degree. (F)(1) Except as provided in division (F)(2) of this
section, no grant shall be made to any student for enrollment
during a fiscal year in an institution with a
cohort default rate
determined by the United
States secretary of education
pursuant to
the
"Higher Education
Amendments of 1986," 100
Stat. 1278, 1408,
20
U.S.C.A. 1085, as amended, as of
the fifteenth day of June
preceding the fiscal year,
equal to or greater than thirty per
cent for each of the preceding two
fiscal years. (2) Division (F)(1) of this section does not apply to the
following: (a) Any student enrolled in an institution that under the
federal law appeals its loss of eligibility for federal financial
aid and the United States secretary of education determines its
cohort default rate after recalculation is lower than the rate
specified
in division (F)(1) of this section or the secretary
determines due to mitigating circumstances the institution may
continue to
participate in federal financial aid programs. The
board
shall adopt rules requiring institutions to provide
information
regarding an appeal to the board. (b) Any student who has previously received a grant under
this section who meets all other requirements of this section. (3) The board shall adopt rules for the notification
of all
institutions whose students will be ineligible to
participate in
the grant program pursuant to division
(F)(1) of this section. (4) A student's attendance at an institution whose
students
lose eligibility for grants under division (F)(1)
of this section
shall not affect that student's eligibility to
receive a grant
when enrolled in another institution. (G) Institutions of higher education that enroll students
receiving instructional grants under this section shall report to
the board all students who have received instructional
grants but
are no longer eligible for all or part of such grants
and shall
refund any moneys due the state within thirty days
after the
beginning of the quarter or term immediately following
the quarter
or term in which the student was no longer eligible
to receive all
or part of the student's grant. There shall
be an interest
charge
of one per cent per month on all moneys due and payable
after such
thirty-day period. The board shall immediately
notify the office
of budget and management and
the
legislative service commission
of all
refunds so received.
Sec. 3333.29. (A) As used in this section: (1) "Resident" has the
meaning established for purposes of
this section by rule of the
Ohio board of regents. (2) "Eligible institution" means either: (a) A private career school registered in accordance with
section 3332.05 of the Revised Code; (b) A private institution exempt from regulation under
Chapter 3332. of the Revised Code as prescribed in section
3333.046 of the Revised Code. (B)
Beginning July 1, 2000, the
The Ohio board of regents
shall
establish and administer the student workforce development
grant
program
and shall adopt rules for the administration of the
program. Such rules
shall be similar to the rules the Ohio board
of regents
adopts under section 3333.27 of the Revised Code.
(C) The Ohio board of regents may make a grant to any
resident of
this state who is enrolled as a full-time student in
an authorized
baccalaureate degree or associate degree program at
an eligible institution and who
maintains an academic record that
meets or exceeds a standard
established by
rule of the state board
of
proprietary school
registration, except that no grant shall be
made to any individual
who was enrolled as a student in
an
eligible institution before July 1, 2000
career colleges and
schools. The size of
an
annual
grant award shall be
determined by
the Ohio board of
regents based
on the amount of
funds available
for the program.
The grant shall
be prorated and paid in
equal
installments per
academic term in
accordance with division (E) of
this section.
(D) The Ohio board of regents shall prescribe the form and
manner
of application for grants and shall provide a method for
eligible institutions to certify
applicants who are
enrolled in
authorized baccalaureate degree or
associate degree
programs and
have academic records meeting or
exceeding the
standard
established by the state board of
proprietary school
registration
career colleges and schools.
(E) A grant awarded to an eligible student shall be paid to
the
eligible institution in which
the student is enrolled, and
the
institution shall reduce
the student's instructional and
general charges by the amount of
the grant. Each grant awarded
shall be paid in accordance with
division (C) of this section
within thirty days after the start of
each term of the academic
year for which
the grant is
awarded. No
student shall be eligible
to receive grants for more than the
equivalent of five
academic
years. (F) The receipt of a workforce development grant shall not
affect
a student's eligibility for assistance or the amount of
such assistance
granted under any other provision of state law.
If
a
student receives assistance under one or more other
provisions
of
state law, the grant made to the student under this
section
shall
not exceed the difference between the total
instructional
and
general charges assessed to the student by the
eligible
institution and the amount of total
assistance the
student
receives
under other provisions of state
law.
(G) The general assembly shall support the workforce
development
grant program with such appropriations as the general
assembly sees fit.
The Ohio board of regents may also receive
funds from other
sources to support the program.
(H)
Eligible institutions that enroll
students receiving
grants
under this section shall report to the
Ohio board of
regents the
name of each student who has received
such a grant but
who is no longer
eligible for such a grant.
In
the event that an
eligible student who has been awarded a grant
under this section
withdraws
from enrollment at
an
institution during any term, the
institution shall
refund a
prorated amount of the student's grant
for that term to
the Ohio
board of regents in accordance with the
school's refund
policy.
(I)
Beginning July 1, 2000, the
The state board of
proprietary
school
registration
career colleges and schools shall
report to the Ohio board of regents each
degree
granting
proprietary
private career school's job placement rate for the
immediately preceding
academic year. No
grant awarded to an
eligible student under this section shall be paid to a
registered
private
career school if the school's job placement rate for
baccalaureate degree
and associate degree
programs for the
preceding academic year was less than seventy-five per cent.
Sec. 3334.01. As used in this chapter: (A) "Aggregate original principal amount" means the
aggregate of the initial offering prices to the public of college
savings bonds, exclusive of accrued interest, if any. "Aggregate
original principal amount" does not mean the aggregate accreted
amount payable at maturity or redemption of such bonds. (1) An individual designated by the purchaser under a
tuition payment contract or through a scholarship program
as the
individual on whose behalf tuition credits purchased
under the
contract or awarded through the scholarship program will be
applied
toward the payment of undergraduate, graduate, or
professional tuition;
or (2) An individual designated by the contributor under a
variable
college savings program contract as the individual whose
tuition and other
higher education expenses will be paid from a
variable college savings program
account. (C) "Capital appreciation bond" means a bond for which the
following is true: (1) The principal amount is less than the amount payable
at
maturity or early redemption; and (2) No interest is payable on a current basis. (D) "Tuition credit" means a credit of the Ohio tuition
trust authority
purchased under section 3334.09 of the Revised
Code. (E) "College savings bonds" means revenue and other
obligations issued on behalf of the state or any agency or
issuing
authority thereof as a zero-coupon or capital
appreciation bond,
and designated as college savings bonds as
provided in this
chapter. "College savings bond issue" means any
issue of bonds of
which any part has been designated as college
savings bonds. (F) "Institution of higher education" means a state
institution of higher education, a private college,
university, or
other postsecondary institution located in this state that
possesses a certificate of authorization issued by the Ohio board
of regents
pursuant to Chapter 1713. of the Revised Code or a
certificate of registration
issued by the state board of
proprietary school registration
career colleges and schools under
Chapter
3332. of the Revised Code, or an accredited college,
university, or other postsecondary institution located outside
this state that
is accredited by an
accrediting organization or
professional association recognized
by the authority. To be
considered an institution of higher education, an
institution
shall meet the definition of an eligible educational institution
under section 529 of the Internal Revenue Code. (G) "Issuing authority" means any authority, commission,
body, agency, or individual empowered by the Ohio
Constitution or
the Revised Code to issue bonds or any other debt obligation
of
the state or any agency or department thereof. "Issuer" means
the
issuing authority or, if so designated under division (B) of
section 3334.04 of the Revised Code, the treasurer of state. (H) "Tuition" means the charges imposed to attend an
institution of higher education as an undergraduate, graduate, or
professional
student and all fees required as a condition of
enrollment, as determined by
the Ohio tuition trust authority.
"Tuition" does not include laboratory fees,
room and board, or
other similar fees
and charges. (I) "Weighted average tuition" means the tuition cost
resulting from the
following calculation: (1) Add the products of the annual undergraduate tuition
charged to Ohio residents
at each four-year state university
multiplied by that
institution's total number of undergraduate
fiscal year equated
students; and (2) Divide the gross total of the products from division
(I)(1) of this section by the total number of undergraduate
fiscal
year equated students attending four-year state
universities. (J) "Zero-coupon bond" means a bond which has a stated
interest rate of zero per cent and on which no interest is
payable
until the maturity or early redemption of the bond, and
is offered
at a substantial discount from its original stated
principal
amount. (K) "State institution of higher education" includes the
state universities listed in section 3345.011 of the Revised
Code,
community colleges created pursuant to Chapter 3354. of the
Revised Code, university branches created pursuant to Chapter
3355. of the Revised Code, technical colleges created pursuant to
Chapter 3357. of the Revised Code, state community colleges
created pursuant to Chapter 3358. of the Revised Code, the medical
college of
Ohio at Toledo, and the northeastern Ohio universities
college of medicine. (L) "Four-year state university" means those state
universities listed in section 3345.011 of the Revised Code. (M) "Principal amount" refers to the initial offering
price
to the public of an obligation, exclusive of the accrued
interest,
if any. "Principal amount" does not refer to the
aggregate
accreted amount payable at maturity or redemption of an
obligation. (N) "Scholarship program" means a program registered with
the Ohio tuition
trust authority pursuant to section 3334.17 of
the
Revised Code. (O) "Internal Revenue Code" means the
"Internal Revenue Code
of 1986," 100 Stat.
2085, 26 U.S.C.A. 1 et seq., as amended. (P) "Other higher education expenses" means
room and board
and books, supplies, equipment, and
nontuition-related fees
associated with the cost of attendance
of a beneficiary at an
institution of higher education, but only
to the extent that such
expenses meet the definition of
"qualified higher education
expenses" under section 529 of the
Internal Revenue Code. "Other
higher education
expenses" does not include tuition as defined in
division
(H) of this section. (Q) "Purchaser" means
the person signing the tuition payment
contract, who controls
the account and acquires tuition credits
for an account under
the terms and conditions of the contract. (R) "Contributor" means a person who signs a variable
college
savings program contract with the Ohio tuition trust
authority and
contributes to and owns the account created under
the contract.
Sec. 3365.01. As used in sections 3365.01 to 3365.10 of
the
Revised Code: (A) "College" means any state-assisted college or
university
described in section 3333.041 of the Revised Code, any
nonprofit
institution holding a certificate of authorization
pursuant to
Chapter 1713. of the Revised Code,
any private institution exempt
from regulation under Chapter 3332. of the Revised Code as
prescribed in section 3333.046 of the
Revised Code, and any
institution holding a certificate of
registration from the state
board of
proprietary school
registration
career colleges and
schools and program
authorization
for an associate or
bachelor's
degree program
issued under section
3332.05 of the
Revised Code. (B) "School district," except as specified in division (G)
of this section, means any school district to which a
student is
admitted under section 3313.64, 3313.65, 3313.98, or
3317.08 of
the Revised Code and does not include a joint
vocational or
cooperative education school district. (C) "Parent" has the same meaning as in section 3313.64 of
the Revised Code. (D) "Participant" means a student enrolled in a college
under the post-secondary enrollment options program established
by
this chapter. (E) "Secondary grade" means the ninth through twelfth
grades. (F) "School foundation payments" means the amount required
to be paid to a school district for a fiscal year under Chapter
3317. of the Revised Code. (G) "Tuition base" means, with respect to a participant's
school district, the formula amount defined in
division (B) of
section 3317.02 of
the Revised Code multiplied by the district's
cost-of-doing-business factor defined in division
(N) of section
3317.02 of the Revised Code. The participant's "school
district"
in the case of a participant enrolled in a community school shall
be
the school district in which the student is entitled to attend
school under
section 3313.64 or 3313.65 of the Revised Code. (H) "Educational program" means enrollment in one or more
school districts, in a nonpublic school, or in a college under
division (B) of section 3365.04 of the Revised Code. (I) "Nonpublic school" means a chartered or nonchartered
school for
which
minimum standards are prescribed by the state
board of education
pursuant to division (D) of section 3301.07 of
the Revised Code. (J) "School year" means the year beginning on the first
day
of July and ending on the thirtieth day of June. (K) "Community school" means any school established pursuant
to
Chapter 3314. of the Revised Code that includes secondary
grades. (L) "Community school payments" means payments made by the
department of education to a community school pursuant to division
(D) of section 3314.08 of the Revised Code.
Sec. 3365.15.
This section does not apply to students
enrolled in twelfth grade after July 1, 2001.
No later than July 1,
1999, the board of regents shall adopt
rules under which it shall award
at least a five-hundred dollar
scholarship to each student who both: (A) After July 1, 1998, and while the student attends
twelfth grade, attains
on all five tests at least the
scores
designated under
former division (A)(3) of section
3301.0710 of
the Revised Code; (B) Submits to the board of regents, in the
form and manner
and by any deadline prescribed by the rules, evidence of
having
enrolled in a state-assisted college or university, a nonprofit
institution holding a certificate of authorization pursuant to
Chapter 1713.
of the Revised Code,
or an institution registered by
the state board of
proprietary school
registration
career colleges
and schools that has
program authorization to award an associate
or
bachelor's degree. The board of regents shall pay each scholarship awarded under
this section
to the student. It may be used to defray any
educational expenses.
Sec. 4742.05. (A) A
proprietary
career
school that holds a
valid certificate of registration from the state board of
proprietary school registration
career colleges and schools may
apply to the state board of education for
certification of a basic
course of emergency service telecommunicator training
or of
continuing education coursework in emergency service
telecommunicator
training. The state board of education shall
prescribe the form of the
application. (B) Upon receipt of an application, the
state board of
education shall review it and consider whether the proposed
course
or coursework meets the requirements of division
(A) or (B) of
section 4742.03 of the Revised
Code concerning course length and
content. If
the proposed course or coursework meets those
requirements, the state board of
education shall issue a
certification of that fact to the
proprietary
career school.
Inclusion of on-site verifiable electronic training as part of a
proposed
basic
or continuing education course shall not be a
reason for the state board to
deny certification. (C) If, after receiving a certification
from the state board
of education under this section, the
proprietary
career school
changes the approved course or coursework, the prior certification
is canceled
and the
proprietary
career school shall apply to the
state board of education for
certification of the changed course
or coursework.
Sec. 4742.06. (A) A person may obtain
certification as an
emergency service telecommunicator by successfully
completing a
basic course of emergency service telecommunicator training that
is conducted by a
proprietary
career school that has obtained
certification of that
course from the state board of education
under section 4742.05 of the
Revised Code.
If a person
successfully completes the course, the
proprietary
career school
shall
certify the person's successful completion. (B) A person may maintain certification
as an emergency
service telecommunicator by successfully completing continuing
education coursework in emergency service telecommunicator
training that is
conducted by a
proprietary
career school that has
obtained certification of that
coursework from the state board of
education under section 4742.05 of the
Revised Code.
If a person
successfully completes the coursework, the
proprietary
career
school
shall certify the person's successful completion. (C) Upon certification of a person's
successful completion
under division (A) or
(B) of this section, the
proprietary
career
school
shall send a copy of the certification to the person and to
the emergency
service provider that employs the person. (D) Tuition and materials costs for a person enrolled in a
certified basic or continuing education course conducted by a
proprietary
career
school shall be paid by the person, an
emergency service provider, or any
other
entity on behalf of the
person or an emergency service provider.
Sec. 4743.03. No board, commission, or agency created
under
or by virtue of Title 47 of the Revised Code shall restrict
entry
into any occupation, profession, or trade under its
supervision or
regulation by: (A) Unreasonably restricting the number of schools or
other
institutions it certifies or accredits for the purpose of
fulfilling educational or training requirements for such
occupation, profession, or trade; (B) Denying certification or accreditation for the purpose
of fulfilling such educational or training requirements to any
school, college, or other educational institution that has been
certified by the Ohio board of regents or the state board of
proprietary school registration
career colleges and schools or to
a high school for which the
state board of education prescribes
minimum standards under
division (D) of section 3301.07 of the
Revised Code, unless the
educational or training program offered
by such school, college,
or institution is not in substantial
compliance with applicable
standards of the occupation,
profession, or trade. (C) Rules of state regulatory boards relevant to age and
level of education required for admission to courses of study
leading to examination and licensing in professions or
occupations
controlled by regulatory boards not requiring a
technical,
associate, or baccalaureate degree shall not apply to
vocational
education programs conducted in the public schools
where such
vocational education programs in all other respects
meet the
minimum standards and requirements of any regulatory
board and
students completing such programs are of the minimum
age required
for examination and licensing for the purpose of
practicing
professions or occupations controlled by regulatory
boards. Nothing in this section shall prohibit a board, commission,
or agency from prescribing and enforcing educational and training
requirements and standards for certification and accreditation of
schools and other institutions that constitute reasonable bases
for maintaining necessary standards of performance in any
occupation, profession, or trade.
Sec. 4762.02. (A) Except as provided in division (B) of
this section, no person shall engage in the practice of
acupuncture
unless the person holds a valid certificate of
registration as an
acupuncturist issued by the
state
medical board
under this chapter. (B) Division (A) of this
section does
not apply to a
physician or to a person who performs acupuncture as part of a
training program in
acupuncture operated by an educational
institution that holds an
effective certificate of authorization
issued by the Ohio board of
regents under section 1713.02 of the
Revised Code or a
school that
holds an effective certificate of
registration issued by the state board of
proprietary school
registration
career colleges and schools under section 3332.05 of
the
Revised Code.
Sec. 4763.05. (A)(1) A person shall make application for
an
initial state-certified general real estate appraiser
certificate,
an initial state-certified residential
real estate appraiser
certificate, an initial state-licensed
residential real estate
appraiser license, or an initial state-registered real estate
appraiser assistant registration in writing to the superintendent
of real
estate
on a form the superintendent prescribes. The
application shall
include the address of the applicant's principal
place of
business and all other addresses at which the applicant
currently engages in
the business of preparing real estate
appraisals and the address
of the applicant's current residence.
The superintendent shall
retain the applicant's current residence
address in a separate
record which shall not constitute a public
record for purposes of
section 149.03 of the Revised Code. The
application shall
indicate whether the applicant seeks
certification as a general
real estate appraiser or as a
residential real estate appraiser,
licensure as a residential real
estate
appraiser, or registration as a real estate appraiser
assistant
and be accompanied by the prescribed examination and
certification, registration, or licensure fees set forth in
section 4763.09 of
the Revised Code. The application also shall
include a pledge,
signed by the applicant, that the applicant will
comply with the
standards
set forth in this chapter and a
statement that the applicant
understands the
types of misconduct
for which disciplinary proceedings may be
initiated against the
applicant pursuant to this chapter. (2) For purposes of providing funding for the real estate
appraiser recovery fund established by section 4763.16 of the
Revised Code, the real estate appraiser board shall levy an
assessment against each person issued an initial certificate,
registration, or
license and against current licensees,
registrants, and
certificate holders, as
required by board rule.
The assessment is in addition to the
application and examination
fees for initial applicants required
by division (A)(1) of this
section and the renewal fees required
for current certificate
holders, registrants, and licensees.
The
superintendent shall
deposit the assessment into the state
treasury to the credit of
the real estate appraiser recovery
fund. The assessment for
initial certificate holders,
registrants, and
licensees shall be
paid prior to the issuance of a certificate,
registration, or
license, and for current certificate holders,
registrants, and
licensees, at
the time of renewal. (B) An applicant for an initial general real estate
appraiser
certificate shall possess at least thirty months of
experience in real
estate appraisal, or any equivalent experience
the board prescribes. An
applicant for a
residential real estate
appraiser certificate or residential real
estate appraiser license
shall possess at least two years of experience in real estate
appraisal, or any equivalent experience the board prescribes. In
addition to any other information required by the board, the
applicant shall furnish, under oath, a detailed listing of the
appraisal reports or file memoranda for each year for which
experience is claimed and, upon request of the superintendent or
the board, shall make available for examination a sample of the
appraisal reports prepared by the applicant in the course of
the
applicant's practice. (C)(1) Except as provided in division (C)(2) of this
section, an applicant for an initial certificate, registration,
or
license shall
be at least eighteen years of age, honest, truthful,
and of good
reputation and shall present satisfactory evidence to
the
superintendent of the following, as
appropriate: (a) If the applicant is seeking a state-certified general
real estate appraiser certificate, that the applicant has
successfully
completed at least one hundred sixty-five classroom
hours
of courses
in subjects related to real estate appraisal,
including at least one
course devoted exclusively to federal,
state, and municipal fair housing
law, presented by a
nationally
recognized appraisal organization, an institution of
higher
education, a
proprietary
career school registered by the state
board of
proprietary school registration
career colleges and
schools, a state or federal
commission or agency, or any other
organization that represents
the interests of financial
institutions or real estate brokers,
appraisers, or agents and
that provides appraisal education, plus
fifteen classroom hours
related to standards of professional
practice and the provisions
of this chapter; (b) If the applicant is seeking a state-certified
residential real estate
appraiser certificate, that the applicant
has successfully completed at least
one hundred
five classroom
hours of courses in subjects related to real estate
appraisal,
including at least one course devoted exclusively to
federal,
state, and municipal fair housing law,
presented by a nationally
recognized appraisal organization, an institution of
higher
education, a
proprietary
career school registered by the state
board of
proprietary school registration
career colleges and
schools, or any other organization that represents the
interests
of financial institutions or real estate brokers, appraisers, or
agents and that provides appraisal education, plus fifteen
classroom hours
related to standards of professional practice and
the provisions of this
chapter; (c) If the applicant is seeking a state-licensed
residential
real estate appraiser license, that the applicant has
successfully
completed at least seventy-five classroom
hours of courses
in
subjects related to real estate appraisal, including at least one
course devoted exclusively to federal,
state, and municipal fair
housing law,
presented by a
nationally recognized appraisal
organization, an institution of
higher education, a
proprietary
career school registered by the state
board of
proprietary school
registration
career colleges and schools, a state or federal
commission or agency, or any other organization that represents
the interests of financial institutions or real estate brokers,
appraisers, or agents and that provides appraisal education, plus
fifteen classroom hours related to standards of professional
practice and the provisions of this chapter; (d) If the applicant is seeking a state-registered real
estate
appraiser assistant registration, that the applicant has
successfully
completed at least seventy-five classroom
hours of
courses in subjects related to real estate appraisal,
including at
least one course devoted exclusively to federal,
state, and
municipal fair housing law,
presented by a nationally recognized
appraisal
organization, an institution of higher education, a
proprietary
career school
registered by the state board of
proprietary school registration
career colleges and schools, or
any other
organization that represents the interests of financial
institutions or real
estate brokers, appraisers, or agents, and
that provides appraisal education
that included at least fifteen
classroom hours of
instruction related to standards of
professional practice and the requirements of this chapter and the
rules
adopted under this chapter. (2) Each person who files an application for an initial
certificate or license within one year of the date established by
the board as the first date on which applications will be
accepted
under this section, which date shall be no later than
September 1,
1990, and who, at the time of filing that
application, does not
satisfy the educational requirements for
the certification or
licensure sought of either division
(C)(1)(a) or (b) of this
section is exempt from those educational
requirements for the term
of the initial certification or
licensure. In applying for a
renewal certificate or license
pursuant to section 4763.06 of the
Revised Code, a certificate
holder or licensee who was exempted
from the educational
requirements of division (C)(1)(a) or (b) of
this section when
applying for the initial certificate or license
shall
present
satisfactory evidence to the superintendent that the
certificate
holder or licensee has completed
the educational
requirements for the certification or licensure
to be renewed of
one of those divisions before the renewal
certificate or license
may be issued. (D) An applicant for an initial general real estate
appraiser or
residential real estate appraiser certificate or
residential real
estate appraiser license
shall take and
successfully complete a written examination in
order to qualify
for the certificate or license. The examination
shall require the
applicant to demonstrate all of the following: (1) Appropriate knowledge of technical terms commonly used
in or related to real estate appraising, appraisal report
writing,
and the economic concepts applicable to real estate; (2) Understanding of the principles of land economics,
real
estate appraisal processes, and problems likely to be
encountered
in gathering, interpreting, and processing of data in
carrying out
appraisal disciplines; (3) Understanding of the standards for the development and
communication of real estate appraisals as provided in this
chapter and the rules adopted thereunder; (4) Knowledge of theories of depreciation, cost
estimating,
methods of capitalization, direct sales comparison,
and the
mathematics of real estate appraisal that are appropriate
for the
certification or licensure for which the applicant has
applied; (5) Knowledge of other principles and procedures as
appropriate for the certification or license; (6) Basic understanding of real estate law; (7) Understanding of the types of misconduct for which
disciplinary proceedings may be initiated against a certificate
holder and licensee. (E)(1) A nonresident, natural person of this state who
has
complied with this section may obtain a certificate,
registration,
or
license. The board shall adopt rules relating to the
certification, registration, and licensure of a nonresident
applicant whose
state of residence the board determines to have
certification,
registration, or
licensure requirements that are
substantially similar to those
set forth in this chapter and the
rules adopted thereunder. (2) A nonresident appraiser may apply for, and the board
may
issue, a temporary certificate or license if the board
determines
that the state in which the nonresident appraiser is
licensed or
certified has licensing or certification requirements
that are
substantially similar to the certification or licensure
requirements set forth in this chapter and the rules adopted
thereunder. The board shall adopt rules relating to the temporary
certification and licensure of nonresident appraisers. Each
temporary certificate and license issued by the board shall
identify the location of the real estate property to be appraised
and shall not authorize appraisal of more than one real estate
property located in this state. The board shall not issue more
than two temporary certificates or licenses in any one calendar
year to any one applicant. (3) In addition to any other information required to be
submitted with the nonresident applicant's or appraiser's
application for a certificate, registration,
license, or
temporary
certificate or license, each nonresident applicant or
appraiser
shall submit a statement consenting to the service of
process upon
the nonresident applicant or appraiser by means
of delivering that
process to the
secretary of state if, in an action against the
applicant,
certificate holder, registrant, or licensee arising
from the
applicant's,
certificate holder's, registrant's, or
licensee's activities as a
certificate
holder, registrant, or
licensee, the plaintiff, in the exercise
of due
diligence, cannot
effect personal service upon the applicant,
certificate holder,
registrant, or licensee. (F) The superintendent shall not issue a certificate,
registration,
temporary certificate or license, or license to a
corporation,
partnership, or association. This prohibition shall
not be
construed to prevent a certificate holder or licensee from
signing an appraisal report on behalf of a corporation,
partnership, or association. (G) Every person licensed, registered, or certified under
this
chapter
shall notify the superintendent, on a form provided
by the
superintendent, of a change in the address of the
licensee's,
registrant's, or certificate holder's principal place
of business or
residence within thirty days of the change. If a
licensee's, registrant's, or
certificate holder's
license,
registration, or certificate is
revoked or not renewed, the
licensee, registrant, or
certificate holder
immediately shall
return the annual and any renewal
certificate,
registration, or
license to the superintendent. (H) The superintendent shall not issue a certificate,
registration,
temporary certificate or license, or license to any
person who
does not meet applicable minimum criteria for state
certification,
registration, or licensure prescribed by federal
law or rule.
Sec. 5107.58. In
accordance with a federal waiver granted by
the United
States secretary of health and human services pursuant
to a request
made under former section 5101.09 of the Revised
Code, county departments of
job and family services may establish
and administer as a
work activity for minor heads
of households
and adults participating in
Ohio works first an education program
under which the participant is enrolled full-time in
post-secondary education
leading to vocation
at a state
institution of higher education, as defined in section
3345.031 of
the Revised
Code; a private nonprofit college or
university that
possesses a certificate of authorization issued by the
Ohio board
of regents pursuant to
Chapter 1713. of the
Revised Code,
or is
exempted by division (E) of section
1713.02 of the Revised
Code
from the requirement of a certificate; a
school that holds a
certificate of registration and program authorization
issued by
the state board of
proprietary school registration
career colleges
and schools under
Chapter
3332. of the
Revised Code;
a private
institution exempt from
regulation under Chapter 3332. of the
Revised Code as prescribed
in section 3333.046 of the Revised
Code; or a
school that has
entered into a contract with the county
department
of
job and
family services.
The participant shall make
reasonable
efforts,
as
determined by the county department, to
obtain a loan,
scholarship, grant, or
other assistance to pay for
the
tuition,
including a federal Pell grant
under 20
U.S.C.A.
1070a and an
Ohio
instructional grant under
section 3333.12 of the
Revised Code. If
the participant has made reasonable efforts but
is
unable to
obtain sufficient assistance to pay the tuition the
program may
pay the tuition. On or after October 1, 1998, the
county
department
may enter into a
loan agreement with the
participant to
pay the tuition. The total period for
which
tuition is paid and
loans made shall not exceed two years.
If
the participant,
pursuant to division
(B)(3) of section 5107.43 of
the Revised
Code, volunteers to participate
in the education
program for more
hours each week than the
participant is assigned
to the program,
the program may pay or the county
department may
loan the
cost of
the tuition for the additional voluntary hours as
well
as the cost
of the tuition for the assigned number of hours.
The participant
may receive, for not more than
three years,
support services,
including publicly funded child
day-care under
Chapter 5104. of
the Revised Code and transportation, that
the
participant needs to
participate in the program. To receive
support services in the
third year, the participant must be, as
determined by the
educational institution in which the participant
is enrolled, in
good standing with the institution.
A county department that provides loans under this section
shall establish
procedures governing loan application for and
approval and administration of
loans granted pursuant to this
section.
Sec. 5747.01. Except as otherwise expressly provided or
clearly appearing from the context, any term used in this chapter
has the same meaning as when used in a comparable context in the
Internal Revenue Code, and all other statutes of the United
States
relating to federal income taxes. (A) "Adjusted gross income" or "Ohio adjusted gross
income"
means adjusted gross income as defined and used in the
Internal
Revenue Code, adjusted as provided in this section: (1) Add interest or dividends on obligations or securities
of any state or of any political subdivision or authority of any
state, other than this state and its subdivisions and authorities. (2) Add interest or dividends on obligations of any
authority, commission, instrumentality, territory, or possession
of the United States that are exempt from federal income taxes
but
not from state income taxes. (3) Deduct interest or dividends on obligations of the
United States and its territories and possessions or of any
authority, commission, or instrumentality of the United States to
the extent included in federal adjusted gross income but exempt
from state income taxes under the laws of the United States. (4) Deduct disability and survivor's benefits to the
extent
included in federal adjusted gross income. (5) Deduct benefits under Title II of the Social Security
Act and tier 1 railroad retirement benefits to the extent
included
in federal adjusted gross income under section 86 of the
Internal
Revenue Code. (6) Add, in the case of a taxpayer who is a beneficiary of
a
trust that makes an accumulation distribution as defined in
section 665 of the Internal Revenue Code, the portion, if any, of
such distribution that does not exceed the undistributed net
income of the trust for the three taxable years preceding the
taxable year in which the distribution is made. "Undistributed
net income of a trust" means the taxable income of the trust
increased by (a)(i) the additions to adjusted gross income
required under division (A) of this section and (ii) the personal
exemptions allowed to the trust pursuant to section 642(b) of the
Internal Revenue Code, and decreased by (b)(i) the deductions to
adjusted gross income required under division (A) of this
section,
(ii) the amount of federal income taxes attributable to
such
income, and (iii) the amount of taxable income that has been
included in the adjusted gross income of a beneficiary by reason
of a prior accumulation distribution. Any undistributed net
income included in the adjusted gross income of a beneficiary
shall reduce the undistributed net income of the trust commencing
with the earliest years of the accumulation period. (7) Deduct the amount of wages and salaries, if any, not
otherwise allowable as a deduction but that would have been
allowable as a deduction in computing federal adjusted gross
income for the taxable year, had the targeted jobs credit allowed
and determined under sections 38, 51, and 52 of the Internal
Revenue Code not been in effect. (8) Deduct any interest or interest equivalent on public
obligations and purchase obligations to the extent included in
federal adjusted gross income. (9) Add any loss or deduct any gain resulting from the
sale,
exchange, or other disposition of public obligations to the
extent
included in federal adjusted gross income. (10)
Deduct or add amounts, as provided under section
5747.70 of the
Revised
Code, related to contributions to variable
college savings program
accounts made or tuition credits purchased
pursuant to Chapter
3334. of the Revised Code. (11)(a) Deduct, to the extent not otherwise allowable as a
deduction or
exclusion in computing federal or Ohio adjusted gross
income for the taxable
year, the amount the taxpayer paid during
the taxable year for medical care
insurance and qualified
long-term care insurance for the taxpayer, the
taxpayer's spouse,
and dependents. No deduction for medical care insurance
under
division (A)(11) of this section shall be allowed either to any
taxpayer
who is eligible to participate in any subsidized health
plan maintained by any
employer of the taxpayer or of the
taxpayer's spouse, or to any taxpayer who
is entitled to, or on
application would be entitled to, benefits under part A of Title
XVIII of the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.
301, as amended. For the purposes of division (A)(11)(a) of this
section, "subsidized health plan" means a health plan for which
the employer pays any portion of the plan's cost. The deduction
allowed under division (A)(11)(a) of this section shall be the net
of any related premium refunds, related premium reimbursements, or
related insurance premium dividends received during the taxable
year. (b) Deduct, to the extent not otherwise deducted or excluded
in
computing federal or Ohio adjusted gross income during the
taxable
year, the amount the taxpayer paid during the taxable
year, not
compensated for by any insurance or otherwise, for
medical care of
the taxpayer, the taxpayer's spouse, and
dependents, to the extent
the expenses exceed seven and one-half
per cent of the taxpayer's
federal adjusted gross income. (c) For purposes of division (A)(11) of this section,
"medical
care" has the meaning given in section 213 of the
Internal Revenue
Code, subject to the special rules, limitations,
and exclusions
set forth therein, and "qualified long-term care"
has the same
meaning given in section 7702(B)(b) of the Internal
Revenue Code. (12)(a) Deduct any amount included in federal adjusted gross
income solely because the amount represents a reimbursement or
refund of expenses that in any year the taxpayer had
deducted as
an itemized deduction pursuant to section 63 of the
Internal
Revenue Code and applicable United States
department of the
treasury regulations.
The deduction otherwise allowed under
division (A)(12)(a) of this section shall be reduced to the extent
the reimbursement is attributable to an amount the taxpayer
deducted under this section in any taxable year. (b) Add any amount not otherwise included in Ohio adjusted
gross
income for any taxable year to the extent that the amount is
attributable to the recovery during the taxable year of any amount
deducted or excluded in computing federal or Ohio adjusted gross
income in any taxable year. (13) Deduct any portion of the deduction described in
section 1341(a)(2) of the Internal Revenue Code, for repaying
previously reported income received under a claim of right, that
meets both of the following requirements: (a) It is allowable for repayment of an item that was
included in the taxpayer's adjusted gross income for a prior
taxable year and did not qualify for a credit under division (A)
or (B) of section 5747.05 of the Revised Code for that year; (b) It does not otherwise reduce the taxpayer's adjusted
gross income for the current or any other taxable year. (14) Deduct an amount equal to the deposits made to, and
net
investment earnings of, a medical savings account during the
taxable year,
in accordance with section 3924.66 of the Revised
Code. The deduction
allowed by division (A)(14) of this section
does not apply to medical
savings account deposits and earnings
otherwise deducted or excluded for the
current or any other
taxable year from the taxpayer's federal adjusted gross
income. (15)(a) Add an amount equal to the funds withdrawn from a
medical
savings account during the taxable year, and the net
investment earnings on
those funds, when the funds withdrawn were
used for any purpose other than to
reimburse an account holder
for, or to pay, eligible medical expenses, in
accordance with
section 3924.66 of the Revised Code; (b) Add the amounts distributed from a medical savings
account
under division (A)(2) of section 3924.68 of the Revised
Code during the
taxable year. (16) Add any amount claimed as a credit under section
5747.059 of the Revised
Code to the extent that such amount
satisfies either of the following: (a) The amount was deducted or excluded from the computation
of the
taxpayer's federal adjusted gross income as required to be
reported for the
taxpayer's taxable year under the Internal
Revenue Code; (b) The amount resulted in a reduction of the taxpayer's
federal adjusted
gross income as required to be reported for any
of the taxpayer's taxable
years under the Internal Revenue Code. (17) Deduct the amount contributed by the taxpayer to an
individual development account program established by a county
department of
job and family services pursuant to sections 329.11
to
329.14 of the Revised Code for
the purpose of matching funds
deposited by program participants. On request
of
the tax
commissioner, the taxpayer shall provide any information that, in
the
tax commissioner's opinion, is necessary to establish the
amount deducted
under
division (A)(17) of this section. (18) Beginning in taxable year 2001, if the taxpayer is
married
and files a joint return and the
combined federal adjusted
gross income of the taxpayer and the taxpayer's
spouse for the
taxable year does not exceed one hundred thousand dollars, or
if
the taxpayer is single and has a federal adjusted gross income for
the
taxable
year not exceeding fifty thousand dollars, deduct
amounts paid during the
taxable year for qualified tuition and
fees paid to an eligible institution
for the taxpayer, the
taxpayer's spouse, or any dependent of the taxpayer, who
is a
resident of this state and is enrolled in or attending a program
that
culminates in a degree or diploma at an eligible institution.
The deduction
may be claimed only to the extent that qualified
tuition and fees are not
otherwise deducted or excluded for any
taxable year from federal or
Ohio adjusted gross income. The
deduction
may not be claimed for educational expenses for which
the taxpayer claims a
credit under section 5747.27 of the Revised
Code. (19) Add any reimbursement received during the taxable year
of any amount
the taxpayer deducted under division (A)(18) of this
section in any
previous taxable year to the extent the amount is
not otherwise included in
Ohio adjusted gross income. (B) "Business income" means income arising from
transactions, activities, and sources in the regular course of a
trade or business and includes income from tangible and
intangible
property if the acquisition, rental, management, and
disposition
of the property constitute integral parts of the
regular course of
a trade or business operation. (C) "Nonbusiness income" means all income other than
business income and may include, but is not limited to,
compensation, rents and royalties from real or tangible personal
property, capital gains, interest, dividends and distributions,
patent or copyright royalties, or lottery winnings, prizes, and
awards. (D) "Compensation" means any form of remuneration paid to
an
employee for personal services. (E) "Fiduciary" means a guardian, trustee, executor,
administrator, receiver, conservator, or any other person acting
in any fiduciary capacity for any individual, trust, or estate. (F) "Fiscal year" means an accounting period of twelve
months ending on the last day of any month other than December. (G) "Individual" means any natural person. (H) "Internal Revenue Code" means the "Internal Revenue
Code
of 1986," 100 Stat. 2085, 26 U.S.C.A. 1, as amended. (1) An individual who is domiciled in this state, subject
to
section 5747.24 of the Revised Code; (2) The estate of a decedent who at the time of death
was
domiciled in this state. The domicile tests of section
5747.24 of
the Revised Code and any election under section
5747.25 of the
Revised Code are not controlling for purposes of
division (I)(2)
of this section. (J) "Nonresident" means an individual or estate that is
not
a resident. An individual who is a resident for only part of
a
taxable year is a nonresident for the remainder of that taxable
year. (K) "Pass-through entity" has the same meaning as in section
5733.04 of the
Revised Code. (L) "Return" means the notifications and reports required
to
be filed pursuant to this chapter for the purpose of reporting
the
tax due and includes declarations of estimated tax when so
required. (M) "Taxable year" means the calendar year or the
taxpayer's
fiscal year ending during the calendar year, or
fractional part
thereof, upon which the adjusted gross income is
calculated
pursuant to this chapter. (N) "Taxpayer" means any person subject to the tax imposed
by section 5747.02 of the Revised Code or any pass-through entity
that
makes the election under division (D) of section 5747.08 of
the Revised Code. (O) "Dependents" means dependents as defined in the
Internal
Revenue Code and as claimed in the taxpayer's federal
income tax
return for the taxable year or which the taxpayer
would have been
permitted to claim had the taxpayer filed a
federal income
tax
return. (P) "Principal county of employment" means, in the case of
a
nonresident, the county within the state in which a taxpayer
performs services for an employer or, if those services are
performed in more than one county, the county in which the major
portion of the services are performed. (Q) As used in sections 5747.50 to 5747.55 of the Revised
Code: (1) "Subdivision" means any county, municipal corporation,
park district, or township. (2) "Essential local government purposes" includes all
functions that any subdivision is required by general law to
exercise, including like functions that are exercised under a
charter adopted pursuant to the Ohio Constitution. (R) "Overpayment" means any amount already paid that
exceeds
the figure determined to be the correct amount of the
tax. (S) "Taxable income" applies to estates only and means
taxable income as defined and used in the Internal Revenue Code
adjusted as follows: (1) Add interest or dividends on obligations or securities
of any state or of any political subdivision or authority of any
state, other than this state and its subdivisions and
authorities; (2) Add interest or dividends on obligations of any
authority, commission, instrumentality, territory, or possession
of the United States that are exempt from federal income taxes
but
not from state income taxes; (3) Add the amount of personal exemption allowed to the
estate pursuant to section 642(b) of the Internal Revenue Code; (4) Deduct interest or dividends on obligations of the
United States and its territories and possessions or of any
authority, commission, or instrumentality of the United States
that are exempt from state taxes under the laws of the United
States; (5) Deduct the amount of wages and salaries, if any, not
otherwise allowable as a deduction but that would have been
allowable as a deduction in computing federal taxable income for
the taxable year, had the targeted jobs credit allowed under
sections 38, 51, and 52 of the Internal Revenue Code not been in
effect; (6) Deduct any interest or interest equivalent on public
obligations and purchase obligations to the extent included in
federal taxable income; (7) Add any loss or deduct any gain resulting from sale,
exchange, or other disposition of public obligations to the
extent
included in federal taxable income; (8) Except in the case of the final return of an estate,
add
any amount deducted by the taxpayer on both its Ohio estate
tax
return pursuant to section 5731.14 of the Revised Code, and
on its
federal income tax return in determining either federal
adjusted
gross income or federal taxable income; (9)(a) Deduct any amount included in federal taxable income
solely because the amount represents a reimbursement or refund of
expenses that in a previous year the decedent had deducted as an
itemized deduction pursuant to section 63 of the Internal Revenue
Code and applicable treasury regulations.
The deduction otherwise
allowed under division (S)(9)(a) of this section shall be reduced
to the extent the reimbursement is attributable to an amount the
taxpayer or decedent deducted under this section in any taxable
year. (b) Add any amount not otherwise included in Ohio taxable
income
for any taxable year to the extent that the amount is
attributable
to the recovery during the taxable year of any amount
deducted or
excluded in computing federal or Ohio taxable income
in any
taxable year. (10) Deduct any portion of the deduction described in
section 1341(a)(2) of the Internal Revenue Code, for repaying
previously reported income received under a claim of right, that
meets both of the following requirements: (a) It is allowable for repayment of an item that was
included in the taxpayer's taxable income or the decedent's
adjusted gross income for a prior taxable year and did not
qualify
for a credit under division (A) or (B) of section 5747.05
of the
Revised Code for that year. (b) It does not otherwise reduce the taxpayer's taxable
income or the decedent's adjusted gross income for the current or
any other taxable year. (11) Add any amount claimed as a credit under section
5747.059
of the Revised Code to the extent that the amount
satisfies
either of the following: (a) The amount was deducted or excluded from the computation
of the
taxpayer's federal taxable income as required to be
reported for the
taxpayer's taxable year under the Internal
Revenue Code; (b) The amount resulted in a reduction in the taxpayer's
federal taxable
income as required to be reported for any of the
taxpayer's taxable years
under the Internal Revenue Code. (T) "School district income" and "school district income
tax" have the same meanings as in section 5748.01 of the Revised
Code. (U) As used in divisions (A)(8), (A)(9), (S)(6), and
(S)(7)
of this section, "public obligations," "purchase
obligations," and
"interest or interest equivalent" have the same
meanings as in
section 5709.76 of the Revised Code. (V) "Limited liability company" means any limited
liability
company formed under Chapter 1705. of the Revised Code
or under
the laws of any other state. (W) "Pass-through entity investor" means any person who,
during any portion
of a taxable year of a pass-through entity, is
a partner, member, shareholder,
or investor in that pass-through
entity. (X) "Banking day" has the same meaning as in section 1304.01
of the Revised
Code. (Y) "Month" means a calendar month. (Z) "Quarter" means the first three months, the second three
months, the
third three months, or the last three months of the
taxpayer's taxable year. (AA)(1) "Eligible institution" means a state university or
state
institution of higher education as defined in section
3345.011 of the Revised Code, or a
private, nonprofit college,
university, or other post-secondary institution
located in this
state that possesses a certificate of authorization issued by
the
Ohio board of regents pursuant to Chapter 1713. of the Revised
Code or a
certificate of registration issued by the state board of
proprietary school
registration
career colleges and schools under
Chapter 3332. of the Revised Code. (2) "Qualified tuition and fees" means tuition and fees
imposed by an
eligible institution as a condition of enrollment or
attendance, not exceeding
two thousand five hundred dollars in
each of the individual's first two years
of post-secondary
education. If the individual is a part-time student,
"qualified
tuition and fees" includes tuition and fees paid for the academic
equivalent of the first two years of post-secondary education
during a maximum
of five taxable years, not exceeding a total of
five thousand dollars.
"Qualified tuition and fees" does not
include: (a) Expenses for any course or activity involving sports,
games,
or hobbies unless the course or activity is part of the
individual's degree or
diploma program; (b) The cost of books, room and board, student activity
fees,
athletic fees, insurance expenses, or other expenses
unrelated to the
individual's academic course of instruction; (c) Tuition, fees, or other expenses paid or reimbursed
through
an employer, scholarship, grant in aid, or other
educational benefit program. (BB) Any term used in this chapter that is not otherwise
defined in
this section and that is not used in a comparable
context in the
Internal Revenue Code and other statutes of the
United States relating to federal income taxes has the same
meaning as in section 5733.40 of the Revised Code.
Sec. 5919.34. (A) As used in this section: (1) "Academic term" means any one of the following: (a) Fall term, which consists of fall semester or fall
quarter,
as appropriate; (b) Winter term, which consists of winter semester, winter
quarter, or spring semester, as appropriate; (c) Spring term, which consists of spring quarter; (d) Summer term, which consists of summer semester or summer
quarter, as appropriate. (2) "Eligible applicant" means any individual to whom all of
the following apply: (a) The individual does not possess a baccalaureate degree. (b) The individual has enlisted, re-enlisted, or
extended
current enlistment in the Ohio national guard. (c) The individual
is actively enrolled as a full-time or
part-time student for at least six
credit hours of course work in
a semester or quarter in a two-year or
four-year degree-granting
program at an institution of higher education or in a
diploma-granting
program at an institution of higher education
that is a school of
nursing. (d) The individual has not accumulated ninety-six
eligibility
units under division (E) of this section. (3) "Institution of higher education"
means an Ohio
institution of
higher education that is state-assisted, that is
nonprofit and
has received a certificate of authorization from the
Ohio board of regents pursuant
to Chapter 1713. of the
Revised
Code,
that is a private institution exempt from regulation under
Chapter 3332. of the Revised Code as prescribed in section
3333.046 of the Revised Code, or that holds
a
certificate of
registration and program authorization issued by
the state board
of
proprietary school registration
career colleges and schools
pursuant to
section 3332.05 of
the Revised
Code. (4) "State university" has the same meaning as in section
3345.011 of the Revised
Code. (B)(1) There is hereby
created a scholarship program to be
known
as the
Ohio national guard scholarship program. For the
fiscal
year 2000,
the number of
participants in the
program
for
the fall
term is limited to the equivalent of two thousand five
hundred full-time
participants; the number of participants in
the
program for the winter term
is limited to the equivalent of two
thousand five hundred full-time
participants; the number of
participants in the
program for the spring term is
limited to the
equivalent of one thousand six hundred seventy-five
full-time
participants; and the number
of participants in the program for
the summer term is limited to
the equivalent of six hundred
full-time participants. Except as provided in
division (B)(2) of
this section for
the fiscal year 2001 and succeeding fiscal
years,
the number of participants in the program for the fall term
is
limited to the equivalent of three thousand five hundred full-time
participants; the number of participants in the program for the
winter term is
limited to the equivalent of three thousand five
hundred full-time
participants; the number of participants
in the
program for the spring term is limited to the equivalent of two
thousand three
hundred forty-five full-time participants; and the
number of participants in
the program
for the summer term
is
limited to the equivalent of eight hundred full-time
participants.
(2) After the application deadline for any academic term in
fiscal
year 2001, the adjutant general may request the controlling
board, if
sufficient appropriated funds are available, to approve
the following
number of additional participants for that term:
(a) For the fall or winter academic term, up to the
equivalent of
five hundred additional full-time participants; (b) For the spring academic term, up to the equivalent of
three
hundred seventy-five additional full-time participants; (c) For the summer academic term, up to the equivalent of
one hundred twenty-five additional full-time participants. (C) If the adjutant general estimates that appropriations
for all scholarships applied for under this
section and
likely to
be used during an academic term are inadequate for
all
eligible
applicants for that academic term to receive
scholarships, the
adjutant
general shall
promptly inform all applicants not
receiving scholarships
for
that academic term of the next academic
term that
appropriations will be adequate for the scholarships.
Any such eligible applicant may again apply for a
scholarship
beginning that academic term if the applicant is in
compliance
with all requirements established by
this section and the adjutant
general for the program. The adjutant general
shall
process all
applications for scholarships
for each
academic term in the order
in
which they are
received. The scholarships shall be made
without regard
to financial need. At no
time shall one person be
placed in priority over another because
of sex, race, or religion. (D) Except as provided in division (H) of this
section, for
each academic term that an eligible applicant is
approved
for a
scholarship under this section and remains a
current member
in
good standing of the Ohio national guard, the
institution of
higher education in which the applicant is enrolled shall, if
the
applicant's
enlistment obligation extends beyond the end of that
academic term, be
paid on the applicant's behalf the applicable
one
of the following amounts: (1) If the institution is state-assisted, an amount equal to
one hundred
per cent
of the institution's tuition
charges; (2) If the institution is a nonprofit private institution
or
a private institution exempt from regulation under Chapter 3332.
of the Revised Code as prescribed in
section 3333.046 of the
Revised Code, an amount equal to
one
hundred per cent of the
average
tuition charges of all state
universities; (3) If the institution is an institution that holds a
certificate of
registration from the state board of
proprietary
school
registration
career colleges and schools, the lesser of the
following: (a) An amount equal to one hundred per cent
of the total
instructional and general charges of the institution; (b) An amount equal to one hundred per cent of the
average
tuition charges of all state universities.
(4) An eligible applicant's scholarship shall not be reduced
by
the amount of that applicant's benefits under "the Montgomery
G.I.
Bill
Act of 1984,"
Pub.
L.
No. 98-525, 98 Stat. 2553
(1984). (E) A scholarship recipient under this section shall be
entitled to receive scholarships under this
section for the number
of
quarters or semesters it takes the recipient to accumulate
ninety-six
eligibility units
as determined under divisions (E)(1)
to (3) of this section. (1) To determine the maximum number
of semesters or quarters
for which a recipient is entitled to
a scholarship under this
section, the adjutant general
shall convert
a recipient's credit
hours of enrollment for each academic term into
eligibility units
in accordance with the following table:
Number of |
|
The following |
|
The following |
credit hours |
|
number of |
|
number of |
of enrollment |
|
eligibility
|
|
eligibility |
in an academic |
|
units if a |
|
units if a |
term |
equals |
semester |
or |
quarter |
12 or more hours |
|
12
units |
|
8 units |
9 but less than 12 |
|
9 units |
|
6 units |
6 but less than 9 |
|
6 units |
|
4 units |
(2) A scholarship recipient under this section may
continue
to
apply for scholarships under this section until the
recipient
has
accumulated ninety-six eligibility units. (3) If a scholarship recipient withdraws from courses
prior
to
the end of an academic term so that the recipient's enrollment
for that academic
term is less than six credit hours, no
scholarship shall
be paid on
behalf of that person for that
academic term except that, if a
scholarship has
already been paid
on behalf of the person for that academic term, the
adjutant
general shall add to that person's accumulated
eligibility units
the number of eligibility units for which the
scholarship was
paid. (F) A scholarship
recipient under this section who fails to
complete the term of enlistment, re-enlistment, or
extension of
current enlistment the recipient was serving at the time a
scholarship was paid on behalf of the
recipient under this section
is
liable to the state for repayment of a percentage of all
Ohio
national guard scholarships
paid
on behalf of the recipient under
this section, plus interest at the
rate of
ten per cent per annum
calculated from the dates the
scholarships were paid.
This
percentage shall equal
the percentage of the current term of
enlistment, re-enlistment, or extension of enlistment a recipient
has not completed as of the date the recipient is discharged from
the
Ohio national guard. The attorney general may commence a civil action on behalf of
the adjutant general to recover the amount of the
scholarships and
the
interest provided for in this division and the expenses
incurred
in prosecuting the action, including court costs and
reasonable
attorney's fees. A
scholarship recipient is not liable
under this division if the recipient's failure to complete the
term
of
enlistment being served at the time a scholarship was
paid
on behalf of the recipient under this section is due to
the
recipient's death;
discharge from the national guard due to
disability;
or the recipient's
enlistment, for a term not less
than the recipient's remaining term
in the
national guard, in the
active component of the United
States armed forces or the active
reserve
component of the United States armed forces. (G) On or before the first day of each academic term, the
adjutant
general shall provide an eligibility roster to each
institution of higher education at which one or more
scholarship
recipients have applied for
enrollment. The institution
shall use
the roster to certify the actual full-time or
part-time
enrollment
of each scholarship recipient
listed as
enrolled
at the
institution and return the roster to the adjutant general
within
thirty days after the first day of the academic term.
The
adjutant general shall report to the Ohio board of
regents the
number of students in the Ohio national guard
scholarship program
at each institution of higher education. The
Ohio board of
regents shall provide for payment of
the appropriate number and
amount of scholarships to each institution of
higher education
pursuant to division (D) of this section.
The adjutant general
shall report on a quarterly basis to the
director of budget and
management, the
speaker of the house of representatives, and the
president of the
senate the number of
Ohio national guard
scholarship recipients and a projection of
the cost of the program
for the remainder of
the biennium. (H) The chancellor of the Ohio board of regents and
the
adjutant general may adopt rules pursuant to Chapter 119. of the
Revised
Code governing the administration and fiscal management of
the Ohio
national
guard scholarship program and the
procedure by
which the
Ohio board of regents and the department of
the adjutant
general may
modify the amount of scholarships a
member receives
based on the
amount other state financial aid a
member
receives. (I) Notwithstanding division (A) of section 127.14
of the
Revised Code, the controlling board shall not transfer all or part
of
any appropriation for the Ohio national guard scholarship
program.
Section 2. That existing sections 955.43, 1713.02, 1713.03,
1713.25, 2741.01, 3332.01, 3332.02, 3332.03, 3332.031, 3332.04,
3332.05, 3332.051, 3332.06, 3332.07, 3332.08, 3332.081, 3332.082,
3332.083, 3332.085, 3332.09, 3332.091, 3332.092, 3332.10, 3332.11,
3332.12, 3332.13, 3332.18, 3333.043, 3333.12, 3333.29, 3334.01,
3365.01, 3365.15, 4742.05, 4742.06, 4743.03, 4762.02, 4763.05,
5107.58, 5747.01, and 5919.34 of the Revised Code are hereby
repealed.
Section 3. That sections 3332.04, 3332.08, 3332.082, and
3332.084 of the Revised Code be amended to read as follows:
Sec. 3332.04. The state board of career colleges and schools
may appoint
an executive director and such other staff as may be
required for the
performance of the board's duties and provide
necessary facilities. In
selecting an executive director, the
board shall appoint an individual with a
background or experience
in the regulation of commerce, business, or
education. The board
may also arrange for services and facilities to be
provided by the
state board of education and the Ohio board of regents. All
receipts of the board shall be deposited in the
career colleges
and schools operating fund, which is hereby created in the state
treasury
to the credit
of the general revenue fund.
Moneys in the
fund shall be used solely for the administration and enforcement
of Chapter 3332. of the Revised Code. All investment earnings on
the fund shall be credited to the fund.
Sec. 3332.08. The application for a certificate of
registration
for a school located within Ohio shall be accompanied
by a surety bond in
the
a penal
sum
of ten thousand dollars
established by rule of the state board of career colleges and
schools with conditions and in a form
prescribed by the
state
board
of career colleges and schools
with at least one corporate
bonding company that has a AAA or AA rating from either Moody's
investors service or Standard
& Poor's and that is approved by
the
department of insurance as surety thereon. Bond shall be
maintained in effect for a period specified by rule of the board.
The board may permit a school to cancel its bond if the school has
been approved to participate in any federal student financial
assistance program authorized under Title IV of the "Higher
Education Act of 1965," 20 U.S.C.A. 1070 et seq., as amended, or
if the school meets standards of financial responsibility
otherwise established by the board. The bond shall provide for
the indemnification of any
person suffering
prepaid tuition loss
as the result of
any fraud or
misrepresentation used in behalf of
the principal in procuring
such person's enrollment in a program,
including repayment of
tuition paid in advance by any student
a
school closure in accordance with section 3332.082 of the Revised
Code. The liability of the surety on such bond for the school
covered shall not exceed the sum of
ten thousand dollars
the bond
as an
aggregate for all students for all breaches of the
conditions of
the bond by the school. The term of the bond shall
be
continuous, but it shall be subject to cancellation by the
surety
in the manner described in this section. The bond shall
provide
blanket coverage for the acts of all persons engaged as
agents of
the school without naming them and without regard to the
time
they are engaged during the term of the bond. The surety may terminate the bond upon giving a sixty-day
written notice to the principal and to the state board of
career
colleges and schools, but the liability of the surety
for acts of
the principal and its agents continues during the
sixty days of
cancellation notice. The notice does not absolve
the surety from
liability which accrues before the cancellation
becomes final but
which is discovered after that date and which
may have arisen at
any time during the term of the bond. Unless
the bond is replaced
by that of another surety before the
expiration of the sixty days
notice of cancellation, the
certificate of registration shall be
suspended. Any person
subject to this section required to file a
bond with an
application for a certificate of registration may
file, in lieu
thereof, cash, a certificate of deposit, letter of
credit, or
government bonds in the amount
of ten thousand dollars
established by the board. The
deposit is subject to the same
terms and conditions as are
provided for in the surety bond
required herein. Any interest or
earnings on such deposits are
payable to the depositor.
Sec. 3332.082. The state board of career colleges and
schools may pursue any lawful means of assuring that
students of
any school registered by the state board do not
suffer prepaid
tuition loss as a result of the closure of a school. This may
include lawsuits against a school
or any individual who may
reasonably have liability as a result
of the default, in which the
attorney general shall advise and
represent the board. Any student
seeking reimbursement for a prepaid tuition loss shall submit a
claim for reimbursement to the board not later than one year
following the school's closure. Any reimbursement for a prepaid
tuition loss or advance
against a possible prepaid tuition loss of a
student, and any
expenses reasonably incurred by the board in its
pursuit of any
remedy,
shall be paid from the surety bond provided by the school
pursuant to section 3332.08 of the Revised Code. If proceeds from
the surety bond are not sufficient to cover such payments, any
additional payments shall be paid from the student tuition
recovery fund created by section 3332.083 of the Revised Code.
Tuition loss does not include moneys held by a school in escrow
accounts
for tuition or fees for future terms, as uncommitted
grants,
loans, or Pell grant money. If the fund is not of
sufficient
size to pay the students the full amount of their
prepaid fee,
the student tuition recovery authority shall
determine
the
percentage of the amount that will be paid. Any money recovered from the defaulting school,
or any
individual with liability for the default, or
from the surety
under a
bond provided under section 3332.08 of the Revised Code
in
excess of any payments made under this section shall be
deposited
into the fund.
Sec. 3332.084. The student tuition recovery authority may: (A) Adopt bylaws for the regulation of its affairs and the
conduct of its
business; (B) Maintain a principal office at such place within the
state as is
designated by the authority; (C) Distribute moneys from
the surety bond required by
section 3332.08 of the Revised Code and the student tuition
recovery fund to or on
behalf of students who are
determined
eligible by the authority; (D) Reduce contributions to or utilize excess money in the
fund,
as provided in division (C) of section 3332.085 of the
Revised Code.
Section 4. That existing sections 3332.04, 3332.08, 3332.082,
and 3332.084 of the Revised Code are hereby repealed.
Section 5. Sections 3 and 4 of this act shall take effect
July 1, 2003.
Section 6. Within sixty days after the effective date of this
act, the Governor shall appoint an additional member who has been
engaged for at least the immediately preceding five years in an
executive or managerial position at a career school to the State
Board of Career Colleges and Schools pursuant to section 3332.03
of the Revised Code, as amended by this act. Such member shall
hold office until the twentieth day of November following the
member's appointment and shall be eligible for reappointment to a
full five-year term under that section.
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