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H. B. No. 2 As Reported by the House Education CommitteeAs Reported by the House Education Committee
127th General Assembly | Regular Session | 2007-2008 |
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Representatives Webster, Garrison, Luckie, Lundy, Dyer, Heard, Brady, Celeste, Adams, Williams, B., Sykes, Okey
A BILL
To amend sections 121.03, 3333.01, 3333.021, 3333.03, 3333.04, 3333.041, 3333.042, 3333.043, 3333.044, 3333.045, 3333.046, 3333.047, 3333.05, 3333.06, 3333.07, 3333.071, 3333.072, 3333.08, 3333.09, 3333.10, 3333.11, 3333.12, 3333.121, 3333.122, 3333.123, 3333.13, 3333.14, 3333.15, 3333.16, 3333.161, 3333.162, 3333.17, 3333.18, 3333.19, 3333.20, 3333.21, 3333.22, 3333.23, 3333.25, 3333.26, 3333.27, 3333.28, 3333.29, 3333.31, 3333.35, 3333.36, 3333.37, 3333.372, 3333.373, 3333.374, 3333.375, and 3333.38 and to enact section 3333.031 of the Revised Code to transfer appointment of the Chancellor of the Ohio Board of Regents to the Governor with the advice and consent of the Senate, to make the Board of Regents an advisory board to the Chancellor, and to transfer the Board's duties and powers to the Chancellor.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 121.03, 3333.01, 3333.021, 3333.03, 3333.04, 3333.041, 3333.042, 3333.043, 3333.044, 3333.045, 3333.046, 3333.047, 3333.05, 3333.06, 3333.07, 3333.071, 3333.072, 3333.08, 3333.09, 3333.10, 3333.11, 3333.12, 3333.121, 3333.122, 3333.123, 3333.13, 3333.14, 3333.15, 3333.16, 3333.161, 3333.162, 3333.17, 3333.18, 3333.19, 3333.20, 3333.21, 3333.22, 3333.23, 3333.25, 3333.26, 3333.27, 3333.28, 3333.29, 3333.31, 3333.35, 3333.36, 3333.37, 3333.372, 3333.373, 3333.374, 3333.375, and 3333.38 be amended and section 3333.031 of the Revised Code be enacted to read as follows:
Sec. 121.03. The following administrative department heads
shall be appointed by the governor, with the advice and consent
of the senate, and shall hold their offices during the term of
the appointing governor, and are subject to removal at the
pleasure of the governor. (A) The director of budget and management; (B) The director of commerce; (C) The director of transportation; (D) The director of agriculture; (E) The director of job and family services; (F) Until July 1, 1997, the director of liquor control; (G) The director of public safety; (H) The superintendent of insurance; (I) The director of development; (J) The tax commissioner; (K) The director of administrative services; (L) The director of natural resources; (M) The director of mental health; (N) The director of mental retardation and developmental
disabilities; (O) The director of health; (P) The director of youth services; (Q) The director of rehabilitation and correction; (R) The director of environmental protection; (S) The director of aging; (T) The director of alcohol and drug addiction services; (U) The administrator of workers' compensation who meets
the qualifications required under division (A) of section 4121.121 of the
Revised Code; (V) The chancellor of the Ohio board of regents.
Sec. 3333.01. There is hereby created the Ohio board of
regents consisting as an advisory board to the chancellor appointed under section 3333.03 of the Revised Code. The board shall consist of nine members to be appointed by the
governor with the advice and consent of the senate. The members
shall be residents of this state who possess an interest in and
knowledge of higher education. No member shall be a trustee,
officer, or employee of any Ohio public or private college or
university while serving as a member of the board. In addition
to the members appointed by the governor, the chairman
chairperson of the
education committee of the senate and the chairman chairperson
of the
education committee of the house of representatives shall, after
January 1, 1967, be ex officio members of the board without a
vote. Terms of office shall be for nine years, commencing on the
twenty-first day of September and ending on the twentieth day of
September. Each member shall hold office from the date of his
appointment until the end of the term for which he the member
was appointed.
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 member
shall continue in office subsequent to the expiration date of his
the member's
term until his a successor takes office, or until a period of
sixty
days has elapsed, whichever occurs first. No person who has served a full nine-year term shall be
eligible for reappointment. Board members shall serve without compensation, but shall
be reimbursed for necessary expenses incurred in the conduct of
board business.
Sec. 3333.021. As used in this section, "university" means
any college or university that receives a state appropriation. (A) This division does not apply to proposed rules,
amendments, or rescissions subject to review under division (I)
of
section 119.03 of the Revised Code. No action taken by the chancellor of the
Ohio
board of regents that could reasonably be expected to have
an
effect on the revenue or expenditures of any university shall
take
effect unless at least two weeks prior to the date on which
the
action is taken, the board chancellor has filed with the speaker of the
house
of representatives, the president of the senate,
the
legislative
budget office of the legislative service commission,
and the
director of budget and management a fiscal analysis of
the
proposed action. The analysis shall include an estimate of
the
amount by which, during the current and ensuing fiscal
biennium,
the action would increase or decrease the university's
revenues or
expenditures and increase or decrease any state
expenditures and
any other information the board chancellor considers
necessary to explain the
action's fiscal effect. (B) Within three days of the date the board of regents chancellor
files
with the clerk of the senate a proposed rule, amendment, or
rescission that is subject to review and invalidation under
division (I) of section 119.03 of the Revised Code, it the chancellor shall file
with the speaker of the house, the president of the senate,
the
legislative budget office of the legislative service commission,
and the director of budget and management a fiscal analysis of
the
proposed rule. The analysis shall include an estimate of the
amount by which, during the current and ensuing fiscal biennium,
the action would increase or decrease any university's revenues
or
expenditures and increase or decrease state revenues or
expenditures and any other information the board chancellor considers
necessary to explain the fiscal effect of the rule, amendment, or
rescission. No rule, amendment, or rescission shall take effect
unless the board chancellor has complied with this division.
Sec. 3333.03. (A) The Ohio board of regents governor, with the advice and consent of the senate, shall appoint
a the
chancellor to of the Ohio board of regents. The chancellor shall serve at its the pleasure of the governor, and the governor shall prescribe
the
chancellor's
duties in addition to the chancellor's duties prescribed by law. The board governor shall fix the compensation for the
chancellor. (B) The chancellor is the administrative officer of the
board, and is responsible for appointing
and fixing the
compensation of all
professional, administrative, and clerical
employees and staff
members
necessary to assist the board and the
chancellor in the
performance of their the chancellor's duties. All employees and
staff shall serve
at the chancellor's pleasure.
The chancellor
shall be a person
qualified by training and
experience to
understand the problems
and needs of the state in
the field of
higher education and to
devise programs, plans, and
methods of
solving the problems and
meeting the needs. (C) Neither the chancellor nor any staff member or
employee
of the board chancellor shall be a trustee, officer, or employee of
any
public or private college or university while serving on the
board as chancellor, staff member, or employee.
Sec. 3333.031. Whenever the term "Ohio board of regents" is used, referred to, or designated in any statute, rule, contract, grant, or other document, the use, reference, or designation shall be construed to mean the "chancellor of the Ohio board of regents," except in sections 3333.01, 3333.011, and 3333.02 of the Revised Code or unless the use, reference, or designation of the term "Ohio board of regents" relates to the board's duties to give advice to the chancellor of the Ohio board of regents or unless another section of law expressly provides otherwise.
Sec. 3333.04. The chancellor of the Ohio board of regents shall: (A) Make studies of state policy in the field of higher
education and formulate a master plan for higher education for
the
state, considering the needs of the people, the needs of the
state, and the role of individual public and private institutions
within the state in fulfilling these needs; (B)(1) Report annually to the governor and the general
assembly on the findings from its the chancellor's studies and the master plan for
higher education for the state; (2) Report at least semiannually to the general assembly and
the
governor the enrollment numbers at each state-assisted
institution of higher
education. (C) Approve or disapprove the establishment of new
branches
or academic centers of state colleges and universities; (D) Approve or disapprove the establishment of state
technical colleges or any other state institution of higher
education; (E) Recommend the nature of the programs, undergraduate,
graduate, professional, state-financed research, and public
services which should be offered by the state colleges,
universities, and other state-assisted institutions of higher
education in order to utilize to the best advantage their
facilities and personnel; (F) Recommend to the state colleges, universities, and
other
state-assisted institutions of higher education graduate or
professional programs, including, but not limited to, doctor of
philosophy, doctor of education, and juris doctor programs, that
could be eliminated because they constitute unnecessary
duplication, as shall be determined using the process developed
pursuant to this section, or for other good and sufficient cause.
For purposes of determining the amounts of any state
instructional
subsidies paid to these colleges, universities, and
institutions,
the board chancellor may exclude students enrolled in any
program that the
board chancellor has recommended for elimination pursuant
to this division
except that the board chancellor shall not exclude any such
student who
enrolled in the program prior to the date on which
the board chancellor
initially commences to exclude students under this
division. The
board of regents chancellor and these colleges, universities,
and
institutions shall jointly develop a process for determining
which
existing graduate or professional programs constitute
unnecessary
duplication. (G) Recommend to the state colleges, universities, and
other
state-assisted institutions of higher education programs
which
should be added to their present programs; (H) Conduct studies for the state colleges, universities,
and other state-assisted institutions of higher education to
assist them in making the best and most efficient use of their
existing facilities and personnel; (I) Make recommendations to the governor and general
assembly concerning the development of state-financed capital
plans for higher education; the establishment of new state
colleges, universities, and other state-assisted institutions of
higher education; and the establishment of new programs at the
existing state colleges, universities, and other institutions of
higher education; (J) Review the appropriation requests of the public
community colleges and the state colleges and universities and
submit to the office of budget and management and to the
chairpersons of the finance committees of the house of
representatives
and of the senate its the chancellor's recommendations in regard to
the biennial higher
education appropriation for the state,
including appropriations
for the individual state colleges and
universities and public
community colleges. For the purpose of
determining the amounts
of instructional subsidies to be paid to
state-assisted colleges
and universities, the board chancellor shall define
"full-time equivalent
student" by program per academic year. The
definition may take
into account the establishment of minimum
enrollment levels in
technical education programs below which
support allowances will
not be paid. Except as otherwise provided
in this section, the
board chancellor shall make no change in the definition
of "full-time
equivalent student" in effect on November 15, 1981,
which would
increase or decrease the number of subsidy-eligible
full-time
equivalent students, without first submitting a fiscal
impact
statement to the president of the senate, the speaker of
the
house of representatives,
the
legislative service commission, and the director of budget and
management. The board chancellor shall work in close cooperation with the
director of budget and management in this respect and in all
other
matters concerning the expenditures of appropriated funds
by state
colleges, universities, and other institutions of higher
education. (K) Seek the cooperation and advice of the officers and
trustees of both public and private colleges, universities, and
other institutions of higher education in the state in performing
its the chancellor's duties and making its the chancellor's plans, studies, and recommendations; (L) Appoint advisory committees consisting of persons
associated with public or private secondary schools, members of
the state board of education, or personnel of the state
department
of education; (M) Appoint advisory committees consisting of college and
university personnel, or other persons knowledgeable in the field
of higher education, or both, in order to obtain their advice and
assistance in defining and suggesting solutions for the problems
and needs of higher education in this state; (N) Approve or disapprove all new degrees and new degree
programs at all state colleges, universities, and other
state-assisted institutions of higher education; (O) Adopt such rules as are necessary to carry out its the chancellor's
duties and responsibilities; (P) Establish and submit to the governor and the general
assembly a clear and measurable set of goals and timetables for
their achievement for each program under the chancellor's supervision of the
board that is designed to accomplish any of the following: (1) Increased access to higher education; (5) Excellence in higher education; (6) Reduction in the number of graduate programs within
the
same subject area. In July of each odd-numbered year, the board of regents chancellor
shall
submit to the governor and the general assembly a report on
progress made toward these goals. (Q) Make recommendations to the governor and the general
assembly regarding the design and funding of the student
financial
aid programs specified in sections 3333.12, 3333.122, 3333.21 to
3333.27,
and 5910.02 of the Revised Code; (R) Participate in education-related state or federal
programs on behalf of the state and assume responsibility for the
administration of such programs in accordance with applicable
state or federal law; (S) Adopt rules for student financial
aid programs as
required by sections 3333.12, 3333.122, 3333.21 to
3333.27, 3333.28,
3333.29, and 5910.02 of the
Revised Code, and perform any other
administrative functions assigned to the board chancellor by those
sections; (T) Administer contracts
under sections 3702.74 and 3702.75
of the
Revised Code in accordance with rules
adopted by the
director of health under section 3702.79 of the
Revised Code; (U) Conduct enrollment audits of state-supported
institutions of
higher education; (V) Appoint consortiums of college and university personnel
to
participate in the development and operation of statewide
collaborative
efforts, including the Ohio supercomputer center,
the Ohio
academic resources network, OhioLink, and the
Ohio
learning network. For each consortium, the board chancellor shall designate
a
college
or university to serve as that consortium's fiscal
agent,
financial officer, and employer. Any funds appropriated to
the
board for the consortiums shall be distributed to the fiscal
agents
for the operation of the consortiums. A consortium shall
follow
the rules of the college or university that serves as its
fiscal
agent.
Sec. 3333.041. On or before the last day of December of
each year, the chancellor of the Ohio board of regents shall submit a report to the
general assembly, the state board of education, and the board of
education of each city, exempted village, and local school
district on the status of graduates of Ohio school districts at
state-assisted colleges or universities during the twelve-month
period ending on the thirtieth day of September of the current
calendar year. The report shall list, by school district, the
number of graduates of each school district who attended such a
college or university and the percentage of each district's
graduates enrolled in such a college or university during the
reporting period who were required during such period by the
college or university, as a prerequisite to enrolling in those
courses generally required for first-year students, to enroll in
a remedial course in English, including composition or reading,
mathematics, and any other area designated by the board. Each state-assisted college and university shall, by the
first day of November of each year, submit to the board chancellor in the
form specified by the board chancellor the information the board chancellor requires to
compile its the report. As used in this section, "state-assisted college or
university" means a state university or college as defined in
division (A)(1) of section 3345.12 of the Revised Code, community
colleges, state community colleges, university branches, and
technical colleges.
Sec. 3333.042. The chancellor of the Ohio board of regents may grant money
to
a nonprofit entity that provides a statewide resource for
aerospace research, education, and technology, so long as the
nonprofit entity makes its resources accessible to state colleges
and universities and to agencies of this and other states and the
United States. The board chancellor, by rule adopted in accordance with
Chapter 119. of the Revised Code, shall establish procedures and
forms whereby nonprofit entities may apply for grants; standards
and procedures for reviewing applications for and awarding
grants;
procedures for distributing grants to recipients;
procedures for
monitoring the use of grants by recipients;
requirements,
procedures, and forms whereby grant recipients
shall report upon
their use of grants; and standards and
procedures for terminating
and requiring repayment of grants in
the event of their improper
use. A state college or university
or a private institution exempt
from regulation under Chapter 3332. of the Revised Code as
prescribed in section 3333.046 of the Revised Code
and any agency
of state
government may provide assistance, in any
form, to any
nonprofit
entity that receives a grant under this
section. Such
assistance
shall be solely for the purpose of
assisting the
nonprofit entity
in making proper use of the grant. A nonprofit entity that expends a grant under this section
for a capital project is not thereby subject to Chapter 123. or
153. of the Revised Code. An officer or employee of, or a person
who serves on a governing or advisory board or committee of, a
nonprofit entity that receives a grant under this section is not
thereby an officer or employee of a state college or university
or
of the state. An officer or employee of a state college or
university or of the state who is assigned to assist a nonprofit
entity in making proper use of a grant does not, to the extent
the officer or employee
provides such assistance, thereby hold an
incompatible office or
employment, or have a direct or indirect
interest in a contract
or expenditure of the entity.
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
career
colleges and schools, and any
institution for which the chancellor of 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 chancellor of 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 chancellor 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 chancellor 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 chancellor 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. 3333.044. (A) The chancellor of the Ohio board of regents may
contract with any consultants that are necessary for the
discharge of the board's chancellor's duties under this chapter. (B) The Ohio board of regents chancellor may
purchase, upon the terms that the board chancellor determines to be
advisable, one or more policies of insurance from insurers
authorized to do business in this state that insure consultants
who have contracted with the board chancellor under division
(A) of this section or members
of an advisory committee appointed under section 3333.04 of the
Revised Code, with respect to the
activities of the consultants or advisory committee members in
the course of the performance of their responsibilities as
consultants or advisory committee members. (C) Subject to the approval of the
controlling board, the Ohio
board of regents chancellor may contract with any entities for the
discharge of the board's chancellor's duties and responsibilities under any
of the programs established pursuant to sections 3333.12, 3333.122,
3333.21 to 3333.28, 3702.71 to 3702.81, and 5120.55, and
Chapter 5910. of the
Revised Code. The board chancellor shall not
enter into a contract under this division unless the proposed
contractor demonstrates that its primary purpose is to promote
access to higher education by providing student financial
assistance through loans, grants, or scholarships, and by
providing high quality support services and information to
students and their families with regard to such financial
assistance. Chapter 125. of the Revised Code does not apply to
contracts entered into pursuant to this section. In awarding
contracts under this division, the board chancellor shall consider factors
such as the cost of the administration of the contract, the
experience of the contractor, and the contractor's ability to
properly execute the contract.
Sec. 3333.045. As used in this section, "state university
or college" means any state university listed in section
3345.011 of the Revised Code, the northeastern
Ohio universities college of medicine, any community college
under Chapter 3354. of the Revised Code, any university branch
district under Chapter 3355. of the Revised
Code, any technical college under Chapter 3357. of the
Revised Code, and any state community college under Chapter 3358. of the
Revised Code. The chancellor of the Ohio board of regents shall work with the attorney general,
the auditor of state, and the Ohio ethics commission to develop
a model for training members of the boards of trustees of all state
universities and colleges and members of the board of
regents regarding the authority and responsibilities of a board
of trustees or the board of regents. This model shall include a review of
fiduciary responsibilities, ethics, and fiscal management. Use of this model
by members of boards of trustees and the board of regents shall be voluntary. This section does not apply to the three members of the
board of trustees of the northeastern Ohio universities college of
medicine who are presidents of state universities.
Sec. 3333.046.
Any institution authorized to grant on
the
effective date of this section
February 20, 2002, baccalaureate
or
master's degrees,
for which the board of regents has issued certificates of
authorization have been issued under Chapter 1713. of the Revised Code;
that is
accredited by the appropriate regional
and, when appropriate,
professional accrediting associations
within whose jurisdiction it
falls; and that is operated by a
for-profit corporation shall
cease to be subject to any regulation under Chapter 3332. of the
Revised Code but shall continue to be subject to the provisions
for approval of degree programs set forth in Chapter 1713. of the
Revised Code, including approval of any additional associate,
baccalaureate, or master's degree programs offered by the
institution.
Sec. 3333.047. With regard to any state student financial aid program established in this chapter, Chapter 5910., or section 5919.34 of the Revised Code, the chancellor of the Ohio board of regents shall conduct audits to: (A) Determine the validity of information provided by students and parents regarding eligibility for state student financial aid. If the board chancellor determines that eligibility data has been reported incorrectly or inaccurately, and where the board chancellor determines an adjustment to be appropriate, the institution of higher education shall adjust the financial aid awarded to the student.
(B) Ensure that institutions of higher education are in compliance with the board's rules governing state student financial aid programs. An institution that fails to comply with the board's rules in the administration of any state student financial aid program shall be fully liable to reimburse the board state for the unauthorized use of student financial aid funds.
Sec. 3333.05. The chancellor of the Ohio board of regents shall approve or
disapprove proposed official plans of community college
districts, prepared and submitted pursuant to sections 3354.01 to
3354.18, inclusive, of the Revised Code, and issue or decline to
issue charters for operation of community colleges, pursuant to
section 3354.07 of the Revised Code. The board chancellor shall approve an official plan, and issue a
charter, only upon the following findings: (A) That the official plan and all past and proposed
actions of the community college district are in conformity to
law; (B) That the proposed community college will not
unreasonably and wastefully duplicate existing educational
services available to students and prospective students residing
in the community college district; (C) That there is reasonable prospect of adequate current
operating revenue for the proposed community college from its
proposed opening date of operation; (D) That the proposed lands and facilities of the
community colleges will be adequate and efficient for the
purposes of the proposed community college; (E) That the proposed curricular programs defined in
section 3354.01 of the Revised Code as "arts and sciences" and
"technical," or either, are the programs for which there is
substantial need in the territory of the district. The employment and separation of individual personnel in a
community college, and the establishing or abolishing of
individual courses of instruction, shall not be subject to the
specific and individual approval or disapproval of the Ohio board
of regents chancellor, but shall occur in the discretion of the local
management of such college within the limitations of law, the
official plan, and the charter of such college.
Sec. 3333.06. The chancellor of the Ohio board of regents shall prepare a
state plan and do all other things necessary for participation in
federal acts relative to the construction of higher educational
academic facilities. Such plan shall provide for objective standards and methods
of determining the relative priorities for eligible projects for
the construction of academic facilities submitted by institutions
of higher education within the state and for determining the
federal share of the development for each such project. The board chancellor shall provide for assigning priorities in
accordance with such criteria, standards, and methods to eligible
projects submitted to the board and approved by it the chancellor, shall
recommend to the United States secretary of education, in the
order of such priority, applications covering such eligible
projects, and shall certify to the secretary the federal share of
the development cost of such projects. The board chancellor shall provide a fair hearing to each institution
which has submitted a project as to the priority assigned to such
project by the board chancellor or as to any other determination of the
board chancellor adversely affecting such institution. The board chancellor shall receive federal grants for the proper and
efficient administration of the state plan, and shall provide for
such fiscal control and fund accounting procedures as may be
necessary to ensure proper disbursement of, and accounting for,
federal funds paid to the board chancellor. The board chancellor shall make such reports in such form and
containing such information as may be reasonably required by the
secretary in the performance of his the secretary's functions
under federal law
relating to grants for the construction of academic facilities. Each federal grant received by the board chancellor shall be paid into
the state treasury.
Sec. 3333.07. (A) Colleges, universities, and other institutions of higher
education which receive state assistance, but are not supported primarily by
the state, shall
submit to the chancellor of the Ohio board of regents such accounting of the expenditure of
state funds at such time and in such form as the board chancellor prescribes. (B) No state institution of higher education shall establish a new branch or
academic center without the approval of the board chancellor. (C) No state institution of higher education shall offer a new degree or
establish a new degree program without the approval of the board chancellor. No degree
approval shall be given for a technical education program unless such program
is offered by a state assisted university, a university branch, a technical
college, or a community college. (D) Any state college, university, or other state assisted institution of
higher education not complying with a recommendation of the board chancellor pursuant to
division (F) or (G) of section 3333.04 of the Revised Code shall so notify the
board chancellor in writing within one hundred twenty days after receipt of the
recommendation, stating the reasons why it cannot or should not comply. (E) The officers, trustees, and employees of all institutions of higher
education which are state supported or state assisted shall cooperate with the
board chancellor in supplying information regarding their institutions, and advising and
assisting the board chancellor on matters of higher education in this state in every way
possible when so requested by the board chancellor. (F) Persons associated with the public school systems in this state,
personnel of the state department of education, and members of the state board
of education shall provide such data about high school students as are
requested by the board of regents chancellor to aid in the development of state higher
education plans.
Sec. 3333.071. Notwithstanding section 3345.16 of the Revised Code, no
expenditure shall be made for land for higher education purposes by public
institutions of higher education or agents of such institutions from any fund
without the approval of the chancellor of the Ohio board of regents and the controlling board. No
state appropriation for capital improvements shall be released by the
controlling board for the purchase of land or buildings from any organization
or corporation which has been established to benefit or assist the
institution, except that such releases may be made if the land is to be used
for a currently state-financed improvement.
Sec. 3333.072. The chancellor of the Ohio board of regents, after consulting with the state colleges and universities and with the office of budget and management, shall adopt rules in accordance with Chapter 119. of the Revised Code to govern the allocation of state capital appropriations to state colleges and universities. In drafting the rules, the board chancellor shall incorporate the recommendations of the final report of the commission to study higher education debt service, issued June 28, 1994, as these recommendations have been utilized and modified in procedures developed by the board chancellor and the office of budget and management since the report was issued.
Sec. 3333.08. It is the declared policy of this state that
the availability of eminent domain on behalf of educational
institutions of higher education is in the public welfare. A
private college, university, or other institution of higher
education may therefore apply to the chancellor of the Ohio board of regents for
the right to appropriate property when such institution is unable
to agree with the owner or owners of the subject property upon
the price to be paid for the property. The institution shall be
one that any educationally qualified member of the public who
desires to attend has, or can acquire, a right to be admitted
upon equal terms without discrimination. The institution shall
certify to the board chancellor, in its application, that the use of the
property to be appropriated is to be for educational purposes,
including student housing and dining facilities, that reasonable
efforts have been made to purchase the property, and that it will
be used without discrimination against any person or group and be
equally available to all qualified persons. The institution also
shall submit to the board chancellor its plans for the use of the property
and such other information as the board chancellor may require. The board chancellor
may, thereafter, and upon a determination that the intended use
is in the public interest, approve the application by resolution.
Upon such approval, the institution may appropriate the property
in the same manner as is provided for the appropriation of
property in Chapter 163. of the Revised Code.
Sec. 3333.09. "Public university or college," as used in this section, means
any non-profit university or college situated within this state which is open
to the public on equal terms and which is not affiliated with or controlled by
an organization which is not primarily educational in nature. Any such
university or college shall be considered to be serving a public purpose. The chancellor of the Ohio board of regents may, upon a the chancellor's determination by it that such action
would serve the interests of higher education in this state, in terms of
expansion of educational opportunity in a major urban area and in terms of
expansion of educational service to a major urban community, accept
conveyances of land, situated within this state, from any public university or
college and enter
into an agreement before or after such conveyance to lease to such public
university or college, upon terms as may be prescribed by the board of
regents chancellor, such land together with buildings constructed thereon and furniture,
fixtures, and equipment therein for use as an educational facility. The lease
shall be for a period not to exceed fifty years, renewable for a like term,
and shall provide that such buildings be used solely for educational purposes
and that the Ohio board of regents chancellor may cancel such lease if such buildings are
used for other purposes. Such lease may contain provisions for the sale of
such property to the lessee, upon the consent of the Ohio board of regents chancellor,
for a purchase price not less than the actual cost to the Ohio board of
regents chancellor, less depreciation, computed at the rate customarily applied to
similar structures. The Ohio board of regents chancellor, through the department of
administrative services, may construct, equip, or remodel buildings on lands
accepted by it the chancellor in the name of the state pursuant to this section. Title to
lands acquired under this section shall be taken in the name of the state. Responsibility for the proper use, maintenance, and repair of leased buildings
shall rest upon the lessee.
Sec. 3333.10. (A) As used in this section: (1) "Qualified institution of higher education" or
"institution" means a nonprofit educational institution, holding
an effective certificate of authorization issued by the Ohio
board of regents under section 1713.02 of the Revised Code,
operating in the state an eligible program, and admitting
students without discrimination by reason of race, creed, color,
or national origin. (2) "School of dentistry" means an accredited dental
college as defined under section 4715.10 of the Revised Code. (3) "Eligible program" means a medical school accredited
by the liaison committee on medical education or an osteopathic
medical school accredited by the American osteopathic
association, or such a school together with a school of
dentistry. (B) In order to provide better for the public health and
the necessary enhancement of instruction in medicine and
dentistry in the state, and to encourage the means of such
instruction with the least economic cost to the people of the
state, the chancellor of the Ohio board of regents may enter into agreements with
qualified institutions of higher education providing for the
continued operation by the institution of eligible programs,
conditioned upon continued payments by the state to such
institution for the purposes of such eligible programs of amounts
determined in the manner provided for the state subsidy from time
to time afforded to state universities on the basis of comparable
programs. Before entering into such agreement, the Ohio board of
regents chancellor shall determine that the institution is a qualified
institution of higher education as defined in division (A) of
this section, and that the operation of such eligible programs as
provided for in such agreement and such payments will contribute
to the objectives stated in this section and to the objectives of
the master plan of higher education formulated under section
3333.04 of the Revised Code. (C) Agreements under this section shall contain provisions
to the effect that: (1) The institution shall submit to the Ohio board of
regents chancellor accountings for the expenditure of state payments in the
manner and at the times as are requested for state-assisted
institutions of higher education pursuant to division (A) of
section 3333.07 of the Revised Code. (2) The institution shall notify the Ohio board of regents chancellor
in the manner provided for state-assisted institutions under
division (D) of section 3333.07 of the Revised Code with regard
to program recommendations by the Ohio board of regents chancellor in the
nature of those provided for in divisions (F) and (G) of section
3333.04 of the Revised Code. (3) The agreement shall terminate if the institution
ceases to be a qualified institution of higher education as
determined by the Ohio board of regents chancellor in accordance with
Chapter 119. of the Revised Code. (D) Agreements under this section may make further
provision for any one or more of the following as the parties
determine: (1) The duration of any such agreement, or additional
provision for terminating the agreement; (2) Additional conditions for the effectiveness or
continued effectiveness of such agreement; (3) Procedures for the amendment or supplementation of the
agreement, including designation of the parties to approve or
execute such amendments or supplements; (4) Such other provisions as may be deemed necessary or
appropriate. (E) In case any provision or part of this section or any
provision, agreement, covenant, stipulation, obligation, act or
action, or part thereof, made, assumed, or taken under or
pursuant to this section, or any application thereof, is for any
reason held to be illegal or invalid, such illegality or
invalidity shall not affect the remainder thereof or any other
provision of this section or any other provision, agreement,
covenant, stipulation, obligation, action, or part thereof, made,
assumed, or taken under or pursuant to this section, which shall
be construed and enforced as if such illegal or invalid portion
were not contained therein, nor shall such illegality or
invalidity of any application thereof affect any legal and valid
application thereof, and each such provision, agreement,
covenant, stipulation, obligation, act, or action, or part
thereof, shall be deemed to be effective, operative, made, done,
or entered into in the manner and to the full extent permitted by
law to accomplish most nearly the intention thereof. (F) No agreement shall be entered into under this section
with any institution which is not in compliance with section
3333.11 of the Revised Code.
Sec. 3333.11. Each school or college of medicine supported in whole or in
part by the state shall create a curriculum for and maintain a department of
family practice, the purpose of which shall be to acquaint undergraduates with
and to train postgraduate physicians for the practice of family medicine. The
minimum requirements for the department shall include courses of study in
family care, including clinical experience, a program of preceptorships, and a
program of family practice residencies in university or other hospital
settings. Each program of family practice shall: (A) Be designated to advance the field of family practice; (B) Educate all medical students in family practice and encourage students to
enter it as a career; (C) Provide students an opportunity to study family practice in various
situations through preceptorships, seminars, model family practice units
within the medical school, classroom work, hospital programs, or other means; (D) Develop residency and other training programs for family practice in
public and private hospitals, including those in nonmetropolitan areas of the
state; (E) The department shall be a full department co-equal with all other major
clinical departments and headed by a qualified experienced family practitioner
serving as chairman chairperson of the department of family
practice and director of the
family practice residency program. Funds appropriated by the general assembly in support of family practice
programs shall not be disbursed until the chancellor of the Ohio board of regents has certified
that the intent and requirements of this section are being met.
Sec. 3333.12. (A) As used in this section: (1)
"Eligible student" means an undergraduate student who
is: (a) An Ohio resident enrolled in an undergraduate program before the 2006-2007 academic year; (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
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 chancellor of the Ohio board of regents. Gross income
may be verified to the
board chancellor 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 chancellor. (3)
"Resident,"
"full-time student,"
"dependent,"
"financially independent," and
"accredited" shall be defined by
rules adopted by the board chancellor. (B) The Ohio board of regents chancellor 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 chancellor 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 chancellor, 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 chancellor. 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 |
|
5,196 |
|
5,466 |
5,466 |
5,466 |
|
5,466 |
$5,801 - $6,300 |
3,828 |
|
4,914 |
|
5,196 |
5,466 |
5,466 |
|
5,466 |
$6,301 - $6,800 |
3,288 |
|
4,650 |
|
4,914 |
5,196 |
5,466 |
|
5,466 |
$6,801 - $7,300 |
2,736 |
|
4,380 |
|
4,650 |
4,914 |
5,196 |
|
5,466 |
$7,301 - $8,300 |
2,178 |
|
4,104 |
|
4,380 |
4,650 |
4,914 |
|
5,196 |
$8,301 - $9,300 |
1,626 |
|
3,822 |
|
4,104 |
4,380 |
4,650 |
|
4,914 |
$9,301 - $10,300 |
1,344 |
|
3,546 |
|
3,822 |
4,104 |
4,380 |
|
4,650 |
$10,301 - $11,800 |
1,080 |
|
3,408 |
|
3,546 |
3,822 |
4,104 |
|
4,380 |
$11,801 - $13,300 |
984 |
|
3,276 |
|
3,408 |
3,546 |
3,822 |
|
4,104 |
$13,301 - $14,800 |
888 |
|
3,228 |
|
3,276 |
3,408 |
3,546 |
|
3,822 |
$14,801 - $16,300 |
444 |
|
2,904 |
|
3,228 |
3,276 |
3,408 |
|
3,546 |
$16,301 - $19,300 |
-- |
|
2,136 |
|
2,628 |
2,952 |
3,276 |
|
3,408 |
$19,301 - $22,300 |
-- |
|
1,368 |
|
1,866 |
2,358 |
2,676 |
|
3,000 |
$22,301 - $25,300 |
-- |
|
1,092 |
|
1,368 |
1,866 |
2,358 |
|
2,676 |
$25,301 - $30,300 |
-- |
|
816 |
|
1,092 |
1,368 |
1,866 |
|
2,358 |
$30,301 - $35,300 |
-- |
|
492 |
|
540 |
672 |
816 |
|
1,314 |
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
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:
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
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:
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 |
|
4,410 |
|
4,632 |
4,632 |
4,632 |
|
4,632 |
$5,801 - $6,300 |
3,222 |
|
4,158 |
|
4,410 |
4,632 |
4,632 |
|
4,632 |
$6,301 - $6,800 |
2,790 |
|
3,930 |
|
4,158 |
4,410 |
4,632 |
|
4,632 |
$6,801 - $7,300 |
2,292 |
|
3,714 |
|
3,930 |
4,158 |
4,410 |
|
4,632 |
$7,301 - $8,300 |
1,854 |
|
3,462 |
|
3,714 |
3,930 |
4,158 |
|
4,410 |
$8,301 - $9,300 |
1,416 |
|
3,246 |
|
3,462 |
3,714 |
3,930 |
|
4,158 |
$9,301 - $10,300 |
1,134 |
|
3,024 |
|
3,246 |
3,462 |
3,714 |
|
3,930 |
$10,301 - $11,800 |
906 |
|
2,886 |
|
3,024 |
3,246 |
3,462 |
|
3,714 |
$11,801 - $13,300 |
852 |
|
2,772 |
|
2,886 |
3,024 |
3,246 |
|
3,462 |
$13,301 - $14,800 |
750 |
|
2,742 |
|
2,772 |
2,886 |
3,024 |
|
3,246 |
$14,801 - $16,300 |
372 |
|
2,466 |
|
2,742 |
2,772 |
2,886 |
|
3,024 |
$16,301 - $19,300 |
-- |
|
1,800 |
|
2,220 |
2,520 |
2,772 |
|
2,886 |
$19,301 - $22,300 |
-- |
|
1,146 |
|
1,584 |
1,986 |
2,268 |
|
2,544 |
$22,301 - $25,300 |
-- |
|
930 |
|
1,146 |
1,584 |
1,986 |
|
2,268 |
$25,301 - $30,300 |
-- |
|
708 |
|
930 |
1,146 |
1,584 |
|
1,986 |
$30,301 - $35,300 |
-- |
|
426 |
|
456 |
570 |
708 |
|
1,116 |
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 |
|
2,082 |
|
2,190 |
2,190 |
2,190 |
|
2,190 |
$5,801 - $6,300 |
|
1,542 |
|
1,968 |
|
2,082 |
2,190 |
2,190 |
|
2,190 |
$6,301 - $6,800 |
|
1,320 |
|
1,866 |
|
1,968 |
2,082 |
2,190 |
|
2,190 |
$6,801 - $7,300 |
|
1,080 |
|
1,758 |
|
1,866 |
1,968 |
2,082 |
|
2,190 |
$7,301 - $8,300 |
|
864 |
|
1,638 |
|
1,758 |
1,866 |
1,968 |
|
2,082 |
$8,301 - $9,300 |
|
648 |
|
1,530 |
|
1,638 |
1,758 |
1,866 |
|
1,968 |
$9,301 - $10,300 |
|
522 |
|
1,422 |
|
1,530 |
1,638 |
1,758 |
|
1,866 |
$10,301 - $11,800 |
|
420 |
|
1,356 |
|
1,422 |
1,530 |
1,638 |
|
1,758 |
$11,801 - $13,300 |
|
384 |
|
1,308 |
|
1,356 |
1,422 |
1,530 |
|
1,638 |
$13,301 - $14,800 |
|
354 |
|
1,290 |
|
1,308 |
1,356 |
1,422 |
|
1,530 |
$14,801 - $16,300 |
|
174 |
|
1,164 |
|
1,290 |
1,308 |
1,356 |
|
1,422 |
$16,301 - $19,300 |
|
-- |
|
858 |
|
1,050 |
1,182 |
1,308 |
|
1,356 |
$19,301 - $22,300 |
|
-- |
|
540 |
|
750 |
948 |
1,062 |
|
1,200 |
$22,301 - $25,300 |
|
-- |
|
432 |
|
540 |
750 |
948 |
|
1,062 |
$25,301 - $30,300 |
|
-- |
|
324 |
|
432 |
540 |
750 |
|
948 |
$30,301 - $35,300 |
|
-- |
|
192 |
|
210 |
264 |
324 |
|
522 |
(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 chancellor
shall adopt rules requiring institutions to provide
information
regarding an appeal to the board chancellor. (b) Any student who has previously received a grant under
this section who meets all other requirements of this section. (3) The board chancellor 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 chancellor 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 chancellor shall immediately
notify the office
of budget and management and
the
legislative service commission
of all
refunds so received.
Sec. 3333.121. There is hereby established in the state treasury the state need-based financial aid reconciliation fund, which shall consist of refunds of instructional grant payments made pursuant to section 3333.12 of the Revised Code and refunds of state need-based financial aid payments made pursuant to section 3333.122 of the Revised Code. Revenues credited to the fund shall be used by the chancellor of the Ohio board of regents to pay to higher education institutions any outstanding obligations from the prior year owed for the Ohio instructional grant program and the Ohio college opportunity grant program that are identified through the annual reconciliation and financial audit. Any amount in the fund that is in excess of the amount certified to the director of budget and management by the board of regents chancellor as necessary to reconcile prior year payments under the program shall be transferred to the general revenue fund.
Sec. 3333.122. (A) As used in this section: (1)
"Eligible student" means a student who
is: (a) An Ohio resident who first enrolls in an undergraduate program in the 2006-2007 academic year or thereafter; (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
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.
(2) A student who participated in either the early college high school program administered by the department of education or in the post-secondary enrollment options program pursuant to Chapter 3365. of the Revised Code before the 2006-2007 academic year shall not be excluded from eligibility for a need based needs-based financial aid grant under this section. (3)
"Resident," "expected family contribution" or "EFC," "full-time student," "three-quarters-time student," "half-time student," "one-quarter-time student," and
"accredited" shall be defined by
rules adopted by the chancellor of the Ohio board of regents. (B) The Ohio board of regents chancellor shall establish and
administer
a needs-based financial aid program based on the United States department of education's method of determining financial need and may adopt rules to
carry out
this section. The program shall be known as the Ohio college opportunity grant program. The general assembly shall support the
needs-based financial aid program by such sums and in such manner as it
may provide, but the board chancellor 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 expected family contribution, beginning with the lowest expected family contribution
category and proceeding upward by category to the
highest expected family contribution category. A needs-based financial aid grant shall be paid to an eligible student
through the institution in which the student is enrolled,
except
that no
needs-based financial aid grant shall be paid to any person serving a
term of
imprisonment. Applications for
such grants shall be made
as prescribed by the board chancellor, 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)(a) and (b)
of this section. Needs-based financial aid 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 chancellor. No student
shall receive more than one
grant on the basis of less than
full-time enrollment. A needs-based financial aid 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. As used in the tables in division (C) of this section:
(1) "Private institution" means an institution that is nonprofit and has a certificate of authorization from the Ohio board of regents pursuant to Chapter 1713. of the Revised Code.
(2) "Career college" means either an institution that holds a certificate of registration from the state board of 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.
Full-time students shall be eligible to receive awards according to the following table:
Full-Time Enrollment
|
If the EFC is equal to or greater than: |
|
And if the EFC is no more than: |
|
If the student attends a public institution, the annual award shall be: |
|
If the student attends a private institution, the annual award shall be: |
|
If the student attends a career college, the annual award shall be: |
|
$2,101 |
|
$2,190 |
|
$300 |
|
$600 |
|
$480 |
|
2,001 |
|
2,100 |
|
402 |
|
798 |
|
642 |
|
1,901 |
|
2,000 |
|
498 |
|
1,002 |
|
798 |
|
1,801 |
|
1,900 |
|
600 |
|
1,200 |
|
960 |
|
1,701 |
|
1,800 |
|
702 |
|
1,398 |
|
1,122 |
|
1,601 |
|
1,700 |
|
798 |
|
1,602 |
|
1,278 |
|
1,501 |
|
1,600 |
|
900 |
|
1,800 |
|
1,440 |
|
1,401 |
|
1,500 |
|
1,002 |
|
1,998 |
|
1,602 |
|
1,301 |
|
1,400 |
|
1,098 |
|
2,202 |
|
1,758 |
|
1,201 |
|
1,300 |
|
1,200 |
|
2,400 |
|
1,920 |
|
1,101 |
|
1,200 |
|
1,302 |
|
2,598 |
|
2,082 |
|
1,001 |
|
1,100 |
|
1,398 |
|
2,802 |
|
2,238 |
|
901 |
|
1,000 |
|
1,500 |
|
3,000 |
|
2,400 |
|
801 |
|
900 |
|
1,602 |
|
3,198 |
|
2,562 |
|
701 |
|
800 |
|
1,698 |
|
3,402 |
|
2,718 |
|
601 |
|
700 |
|
1,800 |
|
3,600 |
|
2,280 |
|
501 |
|
600 |
|
1,902 |
|
3,798 |
|
3,042 |
|
401 |
|
500 |
|
1,998 |
|
4,002 |
|
3,198 |
|
301 |
|
400 |
|
2,100 |
|
4,200 |
|
3,360 |
|
201 |
|
300 |
|
2,202 |
|
4,398 |
|
3,522 |
|
101 |
|
200 |
|
2,298 |
|
4,602 |
|
3,678 |
|
1 |
|
100 |
|
2,400 |
|
4,800 |
|
3,840 |
|
0 |
|
0 |
|
2,496 |
|
4,992 |
|
3,996 |
Three-quarters-time students shall be eligible to receive awards according to the following table:
Three-Quarters-Time Enrollment
|
If the EFC is equal to or greater than: |
|
And the EFC is no more than: |
|
If the student attends a public institution, the annual award shall be: |
|
If the student attends a private institution, the annual award shall be: |
|
If the student attends a career college, the annual award shall be: |
|
$2,101 |
|
$2,190 |
|
$228 |
|
$450 |
|
$360 |
|
2,001 |
|
2,100 |
|
300 |
|
600 |
|
480 |
|
1,901 |
|
2,000 |
|
372 |
|
750 |
|
600 |
|
1,801 |
|
1,900 |
|
450 |
|
900 |
|
720 |
|
1,701 |
|
1,800 |
|
528 |
|
1,050 |
|
840 |
|
1,601 |
|
1,700 |
|
600 |
|
1,200 |
|
960 |
|
1,501 |
|
1,600 |
|
678 |
|
1,350 |
|
1,080 |
|
1,401 |
|
1,500 |
|
750 |
|
1,500 |
|
1,200 |
|
1,301 |
|
1,400 |
|
822 |
|
1,650 |
|
1,320 |
|
1,201 |
|
1,300 |
|
900 |
|
1,800 |
|
1,440 |
|
1,101 |
|
1,200 |
|
978 |
|
1,950 |
|
1,560 |
|
1,001 |
|
1,100 |
|
1,050 |
|
2,100 |
|
1,680 |
|
901 |
|
1,000 |
|
1,128 |
|
2,250 |
|
1,800 |
|
801 |
|
900 |
|
1,200 |
|
2,400 |
|
1,920 |
|
701 |
|
800 |
|
1,272 |
|
2,550 |
|
2,040 |
|
601 |
|
700 |
|
1,350 |
|
2,700 |
|
2,160 |
|
501 |
|
600 |
|
1,428 |
|
2,850 |
|
2,280 |
|
401 |
|
500 |
|
1,500 |
|
3,000 |
|
2,400 |
|
301 |
|
400 |
|
1,578 |
|
3,150 |
|
2,520 |
|
201 |
|
300 |
|
1,650 |
|
3,300 |
|
2,640 |
|
101 |
|
200 |
|
1,722 |
|
3,450 |
|
2,760 |
|
1 |
|
100 |
|
1,800 |
|
3,600 |
|
2,880 |
|
0 |
|
0 |
|
1,872 |
|
3,744 |
|
3,000 |
Half-time students shall be eligible to receive awards according to the following table:
Half-Time Enrollment
|
If the EFC is equal to or greater than: |
|
And if the EFC is no more than: |
|
If the student attends a public institution, the annual award shall be: |
|
If the student attends a private institution, the annual award shall be: |
|
If the student attends a career college, the annual award shall be: |
|
$2,101 |
|
$2,190 |
|
$150 |
|
$300 |
|
$240 |
|
2,001 |
|
2,100 |
|
204 |
|
402 |
|
324 |
|
1,901 |
|
2,000 |
|
252 |
|
504 |
|
402 |
|
1,801 |
|
1,900 |
|
300 |
|
600 |
|
480 |
|
1,701 |
|
1,800 |
|
354 |
|
702 |
|
564 |
|
1,601 |
|
1,700 |
|
402 |
|
804 |
|
642 |
|
1,501 |
|
1,600 |
|
450 |
|
900 |
|
720 |
|
1,401 |
|
1,500 |
|
504 |
|
1,002 |
|
804 |
|
1,301 |
|
1,400 |
|
552 |
|
1,104 |
|
882 |
|
1,201 |
|
1,300 |
|
600 |
|
1,200 |
|
960 |
|
1,101 |
|
1,200 |
|
654 |
|
1,302 |
|
1,044 |
|
1,001 |
|
1,100 |
|
702 |
|
1,404 |
|
1,122 |
|
901 |
|
1,000 |
|
750 |
|
1,500 |
|
1,200 |
|
801 |
|
900 |
|
804 |
|
1,602 |
|
1,284 |
|
701 |
|
800 |
|
852 |
|
1,704 |
|
1,362 |
|
601 |
|
700 |
|
900 |
|
1,800 |
|
1,440 |
|
501 |
|
600 |
|
954 |
|
1,902 |
|
1,524 |
|
401 |
|
500 |
|
1,002 |
|
2,004 |
|
1,602 |
|
301 |
|
400 |
|
1,050 |
|
2,100 |
|
1,680 |
|
201 |
|
300 |
|
1,104 |
|
2,202 |
|
1,764 |
|
101 |
|
200 |
|
1,152 |
|
2,304 |
|
1,842 |
|
1 |
|
100 |
|
1,200 |
|
2,400 |
|
1,920 |
|
0 |
|
0 |
|
1,248 |
|
2,496 |
|
1,998 |
One-quarter-time students shall be eligible to receive awards according to the following table:
One-Quarter-Time Enrollment
|
If the EFC is equal to or greater than: |
|
And if the EFC is no more than: |
|
If the student attends a public institution, the annual award shall be: |
|
If the student attends a private institution, the annual award shall be: |
|
If the student attends a career college, the annual award shall be: |
|
$2,101 |
|
$2,190 |
|
$78 |
|
$150 |
|
$120 |
|
2,001 |
|
2,100 |
|
102 |
|
198 |
|
162 |
|
1,901 |
|
2,000 |
|
126 |
|
252 |
|
198 |
|
1,801 |
|
1,900 |
|
150 |
|
300 |
|
240 |
|
1,701 |
|
1,800 |
|
174 |
|
348 |
|
282 |
|
1,601 |
|
1,700 |
|
198 |
|
402 |
|
318 |
|
1,501 |
|
1,600 |
|
228 |
|
450 |
|
360 |
|
1,401 |
|
1,500 |
|
252 |
|
498 |
|
402 |
|
1,301 |
|
1,400 |
|
276 |
|
552 |
|
438 |
|
1,201 |
|
1,300 |
|
300 |
|
600 |
|
480 |
|
1,101 |
|
1,200 |
|
324 |
|
648 |
|
522 |
|
1,001 |
|
1,100 |
|
348 |
|
702 |
|
558 |
|
901 |
|
1,000 |
|
378 |
|
750 |
|
600 |
|
801 |
|
900 |
|
402 |
|
798 |
|
642 |
|
701 |
|
800 |
|
426 |
|
852 |
|
678 |
|
601 |
|
700 |
|
450 |
|
900 |
|
720 |
|
501 |
|
600 |
|
474 |
|
948 |
|
762 |
|
401 |
|
500 |
|
498 |
|
1,002 |
|
798 |
|
301 |
|
400 |
|
528 |
|
1,050 |
|
840 |
|
201 |
|
300 |
|
552 |
|
1,098 |
|
882 |
|
101 |
|
200 |
|
576 |
|
1,152 |
|
918 |
|
1 |
|
100 |
|
600 |
|
1,200 |
|
960 |
|
0 |
|
0 |
|
624 |
|
1,248 |
|
1,002 |
(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 chancellor
shall adopt rules requiring institutions to provide
information
regarding an appeal to the board chancellor. (b) Any student who has previously received a grant under
this section who meets all other requirements of this section. (3) The board chancellor 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 needs-based financial aid grants under this section shall report to
the board chancellor all students who have received needs-based financial aid
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 chancellor shall immediately
notify the office
of budget and management and
the
legislative service commission
of all
refunds so received.
Sec. 3333.123. (A) As used in this section:
(1) "The Ohio college opportunity grant program" means the program established under section 3333.122 of the Revised Code.
(2) "Rules for the Ohio college opportunity grant program" means the rules authorized in division (S) of section 3333.04 of the Revised Code for the implementation of the program.
(B) In adopting rules for the Ohio college opportunity grant program, the chancellor of the Ohio board of regents may include provisions that give preferential or priority funding to low-income students who in their primary and secondary school work participate in or complete rigorous academic coursework, attain passing scores on the tests prescribed in section 3301.0710 of the Revised Code, or meet other high academic performance standards determined by the board chancellor to reduce the need for remediation and ensure academic success at the postsecondary education level. Any such rules shall include a specification of procedures needed to certify student achievement of primary and secondary standards as well as the timeline for implementation of the provisions authorized by this section.
Sec. 3333.13. (A) Money appropriated
to the chancellor of the
Ohio
board of
regents for the purposes of this division shall be
paid
at the
times and in the amounts necessary to meet all
payments
required
to be made
by the
board chancellor to the
Ohio public facilities commission
pursuant
to leases
or agreements made
under
division
(B) of
section
154.21 of the Revised Code, as certified under
division
(C) of
this section, including supplements to such
certifications. (B)
The
board chancellor shall include in its the estimate of proposed
expenses
submitted
pursuant to section 126.02 of the Revised Code
the
estimated
amounts of all such payments to be made by it the chancellor. The
board chancellor shall
include the estimated amounts of all such payments to
be made
by it the chancellor in
recommendations for appropriation required by
division
(J) of
section 3333.04 of the Revised Code. The director
of
budget and
management shall include in the state budget
estimates
provided
for in section 126.02 of the Revised Code the
estimated
amount of
all such payments to be made during the next
biennium,
and this
amount shall be included in the state budget to
be
submitted by
the governor to the general assembly pursuant to
section 107.03 of
the Revised Code. (C) On the first day of July of each year, or as soon
thereafter as is practicable, the chancellor
or a vice-chancellor
of the board shall
certify to the director the payments contracted
to be made,
during the period of the then current appropriations
made for the
purposes of division (A) of this section, to the
commission
by the board chancellor pursuant
to leases and agreements made
under division (B) of section 154.21
of the Revised Code. The
certification shall state the amounts
and dates of payment
required therefor
and the amounts to be credited
pursuant to such
leases and agreements to the higher education
bond service trust
fund and other special funds established
pursuant to Chapter 154.
of the Revised Code.
If
the director
finds such certification to
be correct, the
director
shall
promptly add the
director's
certification thereto
and
submit
it to
the treasurer of state.
Such annual
certification
shall be
supplemented in similar manner
upon the
execution of
each new
lease or agreement, any supplement
to an
existing lease
or
agreement, or any amendment thereof,
affecting
the amounts of
those payments.
Sec. 3333.14. Effective July 1, 1971, all public post high school technical
education programs shall be operated by technical colleges, community
colleges, university branches, state colleges, state-affiliated universities
and state universities. Subject to rules and regulations adopted by the chancellor of the Ohio
board of regents, the board of trustees or directors of one of the above such
institutions shall adopt a plan of transition governing each public post high
school technical education program not specifically identified or included in
this section which is located in the geographic region of such institution as
defined by the board of regents chancellor. The plan of transition shall provide for the
dissolution of such technical education programs either by transfer of a
program's lands, buildings, and equipment to one of the above such
institutions or by complete termination of the technical education program.
Sec. 3333.15. If the board of trustees of a state
university fails to undertake appropriate action to establish a
university branch campus within one year from the enactment of a
capital improvement appropriation for the development of such
university branch facility, the chancellor of the Ohio board of regents may act as
it the chancellor deems necessary in place of the board of trustees, including
securing the release of construction planning and construction
contract funds from the state controlling board. If the board of
regents chancellor takes action to plan and construct a university branch in
accordance with this section, the officers and staff of such
university shall perform all necessary functions incident to the
planning and construction of such university branch as directed
by the board of regents chancellor.
Sec. 3333.16. As used in this section "state institution of higher education" means an institution of higher education as defined in section 3345.12 of the Revised Code.
(A) By April 15, 2005, The chancellor of the Ohio board of regents shall do all of the following:
(1) Establish policies and procedures applicable to all state institutions of higher education that ensure that students can begin higher education at any state institution of higher education and transfer coursework and degrees to any other state institution of higher education without unnecessary duplication or institutional barriers. The purpose of this requirement is to allow students to attain their highest educational aspirations in the most efficient and effective manner for the students and the state. These policies and procedures shall require state institutions of higher education to make changes or modifications, as needed, to strengthen course content so as to ensure equivalency for that course at any state institution of higher education.
(2) Develop and implement a universal course equivalency classification system for state institutions of higher education so that the transfer of students and the transfer and articulation of equivalent courses or specified learning modules or units completed by students are not inhibited by inconsistent judgment about the application of transfer credits. Coursework completed within such a system at one state institution of higher education and transferred to another institution shall be applied to the student's degree objective in the same manner as equivalent coursework completed at the receiving institution.
(3) Develop a system of transfer policies that ensure that graduates with associate degrees which include completion of approved transfer modules shall be admitted to a state institution of higher education, shall be able to compete for admission to specific programs on the same basis as students native to the institution, and shall have priority over out-of-state associate degree graduates and transfer students. To assist a student in advising and transferring, all state institutions of higher education shall fully implement the course applicability system. (4) Examine the feasibility of developing a transfer marketing agenda that includes materials and interactive technology to inform the citizens of Ohio about the availability of transfer options at state institutions of higher education and to encourage adults to return to colleges and universities for additional education;
(5) Study, in consultation with the state board of career colleges and schools, and in light of existing criteria and any other criteria developed by the articulation and transfer advisory council, the feasibility of credit recognition and transferability to state institutions of higher education for graduates who have received associate degrees from a career college or school with a certificate of registration from the state board of career colleges and schools under Chapter 3332. of the Revised Code. (B) By April 15, 2004, the board shall report to the general assembly on its progress in attaining completion of the actions prescribed in division (A) of this section. (C) All provisions of the existing articulation and transfer policy developed by the Ohio board of regents shall remain in effect except where amended by this act section.
Sec. 3333.161. (A) As used in this section: (1) "Articulation agreement" means an agreement between two or more state institutions of higher education to facilitate the transfer of students and credits between such institutions. (2) "State institution of higher education" and "state university" have the same meanings as in section 3345.011 of the Revised Code. (3) "Two year college" includes a community college, state community college, technical college, and university branch. (B) Not later than April 15, 2005, The chancellor of the Ohio board of regents shall adopt rules establishing a statewide system for articulation agreements among state institutions of higher education for transfer students pursuing teacher education programs. The rules shall require an articulation agreement between institutions to include all of the following: (1) The development of a transfer module for teacher education that includes introductory level courses that are evaluated as appropriate by faculty employed by the state institutions of higher education that are parties to the articulation agreement; (2) A foundation of general studies courses that have been identified as part of the transfer module for teacher education and have been evaluated as appropriate for the preparation of teachers and consistent with the academic content standards adopted under section 3301.079 of the Revised Code; (3) A clear identification of university faculty who are partnered with two year college faculty; (4) The publication of the articulation agreement that is available to all students, faculty, and staff.
Sec. 3333.162. (A) As used in this section, "state institution of higher education" means an institution of higher education as defined in section 3345.12 of the Revised Code.
(B) By April 15, 2007, the chancellor of the Ohio board of regents, in consultation with the department of education, public adult and secondary career-technical education institutions, and state institutions of higher education, shall establish criteria, policies, and procedures that enable students to transfer agreed upon technical courses completed through an adult career-technical education institution, a public secondary career-technical institution, or a state institution of higher education to a state institution of higher education without unnecessary duplication or institutional barriers. The courses to which the criteria, policies, and procedures apply shall be those that adhere to recognized industry standards and equivalent coursework common to the secondary career pathway and adult career-technical education system and regionally accredited state institutions of higher education. Where applicable, the policies and procedures shall build upon the articulation agreement and transfer initiative course equivalency system required by section 3333.16 of the Revised Code. (C) By April 15, 2006, the board shall report to the general assembly on its progress in establishing these policies and procedures.
Sec. 3333.17. The chancellor of the Ohio board of regents may enter into
contracts with the appropriate agency in a contiguous state
whereby the agency provides for charging Ohio residents enrolled
in state-assisted post-secondary educational institutions in the
contiguous state, tuition and fees at rates no higher than the
rates charged to students who are residents of that state, and
whereby the Ohio board of regents chancellor, as part of such contracts, may
provide that rates for tuition and fees charged to residents of
the contiguous state who are enrolled in state-assisted
post-secondary educational institutions in Ohio shall not exceed
those charged Ohio residents. State-assisted post-secondary educational institutions in
Ohio may enter into contracts with appropriate state-assisted
post-secondary educational institutions in a contiguous state
whereby the state-assisted post-secondary educational institution
provides for charging Ohio residents enrolled in the institution
in the contiguous state, tuition and fees at rates no higher than
the rates charged to students who are residents of that state, and
whereby the Ohio state-assisted post-secondary institution, as
part of such contracts, may provide that rates for tuition and
fees charged to residents of the contiguous state who are enrolled
in the state-assisted post-secondary educational institutions in
Ohio shall not exceed those charged Ohio residents. The contracts entered into by the board of regents chancellor or a
state-assisted post-secondary educational institution may limit
the type of academic program offered at the reciprocal rates.
Residents of contiguous states
enrolled in
for credit courses
taught at the main campus and identified off-campus sites at
state-assisted post-secondary educational
institutions in Ohio
under such contracts shall be included in
calculating the number
of full-time equivalent students for state
subsidy purposes.
The
board of regents chancellor and each state-assisted post-secondary
educational institution shall periodically assess the costs and
benefits of each such contract and the extent to which parity is
achieved between Ohio and the contiguous state with respect to
students benefiting from the contract. All Ohio state-assisted
post-secondary educational institutions participating in these
contracts shall report enrollments and other information annually
to the Ohio board of regents chancellor. No contract shall be entered into
under this
section without the approval of the
Ohio board of
regents chancellor. The Ohio board of regents chancellor shall report the
status of
these contracts to the controlling board annually.
Sec. 3333.18. The chancellor of the Ohio board of regents may enter into
contracts with the
appropriate agency in a contiguous state
whereby financial aids from the funds
of each state may be used by
qualified student recipients to attend approved
post-secondary
educational institutions in the other state. Approved
institutions in Ohio
are those that are state-assisted or are
nonprofit and have received
certificates of authorization from the
Ohio board of regents pursuant to
Chapter 1713. of the Revised
Code, or are private institutions exempt from regulation under
Chapter 3332. of the Revised Code as prescribed in section
3333.046 of the Revised Code. Eligible
post-secondary educational
institutions in the contiguous state
shall be similarly approved
by the
appropriate agency of that
state. In formulating and
executing such contracts
with a
contiguous state, the board chancellor shall
assure that
the total cost to
this state approximates the total
cost to the contiguous state.
Any contract
entered into under this
section shall be subject to
the periodic review of,
and approval
by, the controlling board.
Sec. 3333.19. The chancellor of the Ohio board of regents may enter into
agreements with the appropriate agency in a foreign country or
with an agency or organization sponsoring foreign student
exchanges under which the agency or organization ensures that
Ohio residents enrolled in post-secondary educational
institutions in the foreign country will pay tuition and fees at
rates no higher than the rates charged to students who are
residents of that country and under which the board of regents
chancellor provides that rates for tuition and fees charged to a comparable
number of students from the foreign country who are enrolled in
state-assisted institutions of higher education in Ohio are to be
no higher than the rates charged to students who are Ohio
residents. Notwithstanding that an Ohio resident is enrolled in
a post-secondary educational institution in a foreign country
under one of these agreements, any such student who was
previously enrolled in a state-assisted institution shall be
counted as enrolled in such institution for state subsidy
purposes in a manner prescribed by rules the board of regents
chancellor shall adopt.
Sec. 3333.20. (A) On or before September 1, 1993, The chancellor of the
Ohio board of regents shall adopt educational service standards
that shall apply to all community colleges, university branches,
technical colleges, and state community colleges established
under Chapters 3354., 3355., 3357., and 3358. of the Revised
Code, respectively. These standards shall provide for such
institutions to offer or demonstrate at least the following: (1) An appropriate range of career or technical programs
designed to prepare individuals for employment in specific
careers at the technical or paraprofessional level; (2) Commitment to an effective array of developmental
education services providing opportunities for academic skill
enhancement; (3) Partnerships with industry, business, government, and
labor for the retraining of the workforce and the economic
development of the community; (4) Noncredit continuing education opportunities; (5) College transfer programs or the initial two years
of a baccalaureate degree for students planning to transfer to
institutions offering baccalaureate programs; (6) Linkages with high schools to ensure that graduates
are adequately prepared for post-secondary instruction; (7) Student access provided according to a convenient
schedule and program quality provided at an affordable price; (8) That student fees charged by any institution are as low as possible,
especially if the institution is being supported by a local tax levy; (9) A high level of community involvement in the
decision-making process in such critical areas as course
delivery, range of services, fees and budgets, and administrative
personnel. (B) The board of regents chancellor shall consult with
representatives of state-assisted colleges and universities, as
defined in section 3333.041 of the Revised Code, in developing
appropriate methods for achieving or maintaining the standards
adopted pursuant to division (A) of this section. (C) In considering institutions that are co-located, the board of regents
chancellor shall apply the standards to them in two manners: (2) As separate entities, applying the standards separately to each. When distributing any state funds among institutions based on the degree to
which they meet the standards, the board of regents chancellor shall provide to
institutions that are co-located the higher amount produced by the two
judgments under divisions (C)(1) and (2) of this section.
Sec. 3333.21. As used in sections 3333.21 to 3333.23 of
the
Revised Code,
"term" and
"academic year" mean
"term" and
"academic
year" as defined by the chancellor of the Ohio board
of regents. The board chancellor shall establish and administer an academic
scholarship program. Under the program, a total of one thousand
new scholarships shall be awarded annually in the amount of
not
less than
two
thousand dollars per award. At least one such new
scholarship
shall be awarded annually to a student in each public
high school
and joint vocational school and each nonpublic high
school for
which the state board of education prescribes minimum
standards
in
accordance with section 3301.07 of the Revised Code. To be eligible for the award of a scholarship, a student
shall be a resident of Ohio and shall be enrolled as a full-time
undergraduate student in an Ohio institution of higher education
that meets the requirements of Title VI of the
"Civil Rights Act
of 1964" and is state-assisted, is nonprofit and holds a
certificate of authorization issued under section 1713.02 of the
Revised Code,
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 holds a certificate of
registration and program
authorization issued under section
3332.05 of the Revised Code
and
awards an associate or bachelor's
degree. Students who
attend an
institution holding 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 to offer
the program issued
under
section 3332.05 of the Revised Code. "Resident" and
"full-time student" shall be defined by
board
rule in rules adopted by the chancellor. The board chancellor shall award the scholarships on the basis
of a
formula designed by it the chancellor to identify students with the highest
capability for successful college study. The formula shall weigh
the factor of achievement, as measured by grade point average,
and
the factor of ability, as measured by performance on a
competitive
examination specified by the board chancellor. Students
receiving
scholarships shall be known as
"Ohio academic
scholars."
Annually,
not later than the thirty-first day of
July, the board
chancellor shall
report to the governor and the
general assembly on the
performance
of current Ohio academic scholars and
the
effectiveness of its the
formula.
Sec. 3333.22. Each Ohio academic scholarship shall be
awarded for an academic year and may be renewed for each of three
additional
academic years. The
scholarship amount awarded to a
scholar for an academic year shall be
not less than two
thousand
dollars. A
scholarship shall be renewed if the
scholar maintains
an
academic
record satisfactory to the chancellor of the Ohio
board of regents and
meets any of
the following conditions: (A) The scholar is enrolled as a full-time undergraduate; (B) The scholar was awarded an undergraduate degree in less
than
four academic years and is enrolled as a full-time graduate
or
professional student in an Ohio institution of higher education
that meets the requirements of Title VI of the
"Civil Rights Act
of 1964" and is state-assisted or is nonprofit and holds a
certificate of authorization issued under section 1713.02 of the
Revised Code; (C) The scholar is a full-time student concurrently enrolled
as an
undergraduate student and as a graduate or professional
student
in an Ohio institution of higher education that meets the
requirements of division (B) of this section. Each amount awarded shall be paid in equal installments to
the scholar at the time of enrollment for each term of the
academic year for which the scholarship is awarded or renewed. No
scholar is eligible to receive an Ohio academic scholarship
for
more than the equivalent of four academic years. If an Ohio academic scholar is temporarily unable to attend
school because of illness or other cause satisfactory to the
board chancellor, the board chancellor may grant a
leave of absence for a
designated
period of time. If a scholar discontinues full-time
attendance at
the scholar's school during a term because of illness
or other
cause satisfactory to the board chancellor, the scholar
may either claim a
prorated payment for the period of actual attendance or
waive
payment for that term. A term for which prorated payment is made
shall be considered a full term for which
a scholarship was
received. A
term for which payment is waived shall not be
considered a term
for which a scholarship was received. Receipt of an Ohio academic scholarship shall not affect a
scholar's eligibility for the Ohio instructional
grant program.
Sec. 3333.23. At the end of each term, each Ohio academic scholar shall
request the registrar of the school to send a copy of
the scholar's scholastic record to the chancellor of the Ohio board or of regents. If the
scholar's record fails to meet the
standards established by the board chancellor, further payments shall be suspended
until the scholar demonstrates promise of successful progress in the academic
program for which the award was made. The board chancellor may revoke the
scholarship if the scholar does not resume successful academic progress within
a reasonable time.
Sec. 3333.25. There is hereby created the Ohio academic
scholarship payment fund, which shall be in the custody of the
treasurer of state but shall not be a part of the state treasury.
The fund shall consist of all moneys appropriated for the fund by
the general assembly and other moneys otherwise made available to
the fund. The payment fund shall be used for the payment of Ohio
academic scholarships or for additional scholarships to recognize
outstanding academic achievement and ability. The chancellor of the Ohio board of regents
shall administer this section and establish rules for the distribution and
awarding of any additional scholarships. The board chancellor may direct the treasurer of state to invest
any moneys in the payment fund not currently needed for
scholarship payments, in any kinds of investments in which moneys
of the public employees retirement
system may be invested. The instruments of title of all investments shall be
delivered to the treasurer of state or to a qualified trustee
designated by the treasurer of state as provided in section
135.18 of the Revised Code. The treasurer of state shall collect both
principal and investment earnings on all investments as they become due and
pay them into the fund. All deposits to the fund shall be made in financial
institutions of this state secured as provided in section 135.18
of the Revised Code.
Sec. 3333.26. (A) Any citizen of this state who has
resided
within the state for one year, who was in the active
service of
the United States as a soldier, sailor, nurse, or
marine between
April 6, 1917, and November 11, 1918, and who has
been honorably
discharged from that service, shall be admitted to
any school,
college, or university that receives state funds in
support
thereof, without being required to pay any tuition or
matriculation fee, but is not relieved from the payment of
laboratory or similar fees. (B)(1) As used in this division: (a) "Volunteer
firefighter" has
the meaning
as in
division (B)(1) of section 146.01 of the
Revised Code. (b) "Public service officer" means an Ohio
firefighter,
volunteer
firefighter, police officer,
member of the state highway
patrol, employee
designated to exercise the
powers of police
officers pursuant to section
1545.13 of the
Revised Code, or other
peace officer as
defined by division (B) of
section 2935.01 of the
Revised
Code, or a person holding any
equivalent position in
another state. (c) "Qualified former spouse" means the former spouse of
a
public service officer, or of a member of the armed services of the United States,
who is the custodial parent of a
minor
child of that marriage pursuant to an order allocating the
parental rights and responsibilities for care of the child
issued
pursuant to section 3109.04 of the Revised
Code. (d) "Operation enduring freedom" means that period of conflict which began October 7, 2001, and ends on a date declared by the president of the United States or the congress.
(e) "Operation
Iraqi freedom" means that period of conflict which began March 20, 2003, and ends on a date declared by the president of the United States or the congress.
(f) "Combat zone" means an area that the president of the United States by executive order designates, for purposes of 26 U.S.C. 112, as an area in which armed forces of the United States are or have engaged in combat. (2) Any resident of this state who is under twenty-six years
of
age, or under thirty years of age if the resident has been
honorably
discharged from the armed services of the United States,
who
is the child of a public service
officer killed in
the
line of duty or of a member of the armed services of the United States killed in the line of duty during operation enduring freedom or operation Iraqi freedom, and who is admitted to any state university or
college as defined in division (A)(1) of section 3345.12 of the
Revised Code, community college, state community college,
university branch, or technical college shall not be required to
pay any tuition or any student fee for up to four academic years
of education, which shall be at the undergraduate level.
A child of a member of the armed services of the United States killed in the line of duty during operation enduring freedom or operation Iraqi freedom is eligible for a waiver of tuition and student fees under this division only if the student is not eligible for a war orphans scholarship authorized by Chapter 5910. of the Revised Code. In any year in which the war orphans scholarship board reduces the percentage of tuition covered by a war orphans scholarship below one hundred per cent pursuant to division (A) of section 5910.04 of the Revised Code, the waiver of tuition and student fees under this division for a child of a member of the armed services of the United States killed in the line of duty during operation enduring freedom or operation Iraqi freedom shall be reduced by the same percentage. (3) Any resident of this state who is the spouse or
qualified
former spouse of a public service officer killed in the
line of
duty, and who is admitted to any state university or
college as
defined in division (A)(1) of
section 3345.12 of the
Revised
Code, community college, state
community college,
university branch, or technical college,
shall not be required to
pay any tuition or any student fee for
up to four academic years
of education, which shall be at the
undergraduate level. (4) Any resident of this state who is the spouse or qualified former spouse of a member of the armed services of the United States killed in the line of duty while serving in a combat zone after May 7, 1975, and who is admitted to any state university or college as defined in division (A)(1) of section 3345.12 of the Revised Code, community college, state community college, university branch, or technical college, shall not be required to pay any tuition or any student fee for up to four years of academic education, which shall be at the undergraduate level. In order to qualify under division (B)(4) of this section, the spouse or qualified former spouse shall have been a resident of this state at the time the member was killed in the line of duty. (C) Any institution that is not subject to division (B) of
this section and that holds a valid certificate of registration
issued under Chapter 3332. of the Revised Code, a valid certificate issued under
Chapter 4709. of the Revised Code, or a valid license issued under Chapter 4713. of
the Revised Code, or that is nonprofit and has a certificate of
authorization issued under section 1713.02 of the Revised Code,
or
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, which reduces tuition
and student fees of a student
who is
eligible to attend an
institution of higher education under
the
provisions of division
(B) of this section by an amount
indicated
by the chancellor of the Ohio board of
regents shall be eligible to
receive a
grant in that amount from
the board chancellor. Each institution
that
enrolls students under division
(B) of this section shall
report
to the board chancellor, by the first day of
July of each year, the
number of students who were so enrolled and
the average amount of
all such tuition and student fees waived during the
preceding year. The
board chancellor shall determine the average amount of
all such tuition
and student
fees waived during the preceding year. The
average amount of the
tuition and student fees waived under division (B) of
this section during
the preceding year shall be the amount of
grants that
participating institutions shall receive under this
division
during the current year, but no grant under this division
shall
exceed the tuition and student fees due and payable by the
student
prior to the reduction referred to in this division.
The grants
shall be made for four years of undergraduate
education of
an
eligible student.
Sec. 3333.27. As used in this section: (A) "Eligible institution" means a nonprofit Ohio
institution of higher education that holds a certificate of
authorization issued under section 1713.02 of the Revised Code
and
meets the requirements of Title VI of the Civil Rights Act of
1964. (B) "Resident" and "full-time student" have the meanings
established for purposes of this section by rule of the chancellor of the Ohio
board
of regents. The board chancellor shall establish and administer a student
choice
grant program and shall adopt rules for the administration
of the
program. The board chancellor may make a grant to any resident of this
state who
is enrolled as a full-time student in a bachelor's
degree program
at an eligible institution and maintains an
academic record that
meets or exceeds the standard established
pursuant to this section
by rule of the board chancellor, except
that no grant shall be made to any
individual who was enrolled as a
student in an institution of
higher education on or before July
1, 1984, or is serving a term
of imprisonment. The grant shall
not exceed the lesser of the
total
instructional and general charges of the institution in
which the
student is enrolled, or an amount equal to one-fourth of
the
total of any state instructional subsidy amount distributed by
the board chancellor in the second fiscal year of the
preceding biennium for
all full-time students enrolled in
bachelor's degree programs at
four-year state-assisted
institutions of higher education divided
by the sum of the actual
number of full-time students enrolled in
bachelor's degree
programs at four-year state-assisted
institutions of higher
education reported to the board chancellor for such
year by the institutions
to which the subsidy was distributed. The board chancellor shall prescribe the form and manner of
application
for grants including the manner of certification by
eligible
institutions that each applicant from such institution
is enrolled
in a bachelor's degree program as a full-time student
and has an
academic record that meets or exceeds the standard
established by
the board chancellor. A grant awarded to an eligible student shall be paid to the
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 prorated
and
paid in equal installments at the time of enrollment for each
term
of the academic year for which the grant is awarded. No
student
shall be eligible to receive a grant for more than ten
semesters,
fifteen quarters, or the equivalent of five academic
years. The receipt of an Ohio student choice grant shall not
affect
a student's eligibility for assistance, or the amount of
such
assistance, granted under section 3315.33, 3333.12, 3333.122, 3333.22,
3333.26, 5910.03, 5910.032, or 5919.34 of the Revised Code. If a
student receives assistance under one or more of such sections,
the student choice grant made to the student shall not
exceed the
difference between the amount of assistance received under such
sections and the total instructional and general charges of the
institution in which the student is enrolled. The general assembly shall support the student choice grant
program by such sums and in such manner as it may provide, but
the
board chancellor may also receive funds from other sources
to support the
program. No grant shall be made to any student enrolled in a course
of
study leading to a degree in theology, religion, or other
field of
preparation for a religious profession unless the course of study
leads to an accredited bachelor of arts or bachelor of science
degree. Institutions of higher education that enroll students
receiving grants under this section shall report to the
board chancellor the
name of each student who has received such
a grant but who is no
longer eligible for all or part of such grant and
shall refund all
moneys due to the state within thirty days after
the beginning of
the term immediately following the term in which
the student was
no longer eligible to receive all or part of the
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
chancellor shall immediately notify the office of
budget and management and
the legislative
service
commission of all refunds received.
Sec. 3333.28. (A) The chancellor of the Ohio board of regents shall establish
the nurse education
assistance program, the purpose of which shall be to make loans to students
enrolled in prelicensure nurse education programs at institutions approved by
the board of
nursing under section 4723.06 of the Revised Code and
postlicensure nurse education programs approved by the board of
regents chancellor under section 3333.04 of the Revised Code or offered by
an institution holding a certificate of authorization issued by
the board of regents under Chapter 1713. of the Revised Code. The board of
nursing shall assist the board of
regents chancellor in administering the program. (B) There is hereby created in the state treasury the
nurse education assistance fund, which shall consist of all money
transferred to it pursuant to section 4743.05 of the Revised
Code. The fund shall be used by the board of
regents chancellor for loans made under division (A) of this section and for expenses
of
administering the loan program. (C) Between July 1, 2005, and January 1, 2012, the board of regents chancellor shall distribute money in the nurse education assistance fund in the following manner:
(1)(a) Fifty per cent of available funds shall be awarded as loans to registered nurses enrolled in postlicensure nurse education programs described in division (A) of this section. To be eligible for a loan, the applicant shall provide the board chancellor with a letter of intent to practice as a faculty member at a prelicensure or postlicensure program for nursing in this state upon completion of the applicant's academic program.
(b) If the borrower of a loan under division (C)(1)(a) of this section secures employment as a faculty member of an approved nursing education program in this state within six months following graduation from an approved nurse education program, the board chancellor may forgive the principal and interest of the student's loans received under division (C)(1)(a) of this section at a rate of twenty-five per cent per year, for a maximum of four years, for each year in which the borrower is so employed. A deferment of the service obligation, and other conditions regarding the forgiveness of loans may be granted as provided by the rules adopted under division (D)(7) of this section.
(c) Loans awarded under division (C)(1)(a) of this section shall be awarded on the basis of the student's expected family contribution, with preference given to those applicants with the lowest expected family contribution. However, the board of regents chancellor may consider other factors it the chancellor determines relevant in ranking the applications.
(d) Each loan awarded to a student under division (C)(1)(a) of this section shall be not less than five thousand dollars per year.
(2) Twenty-five per cent of available funds shall be awarded to students enrolled in prelicensure nurse education programs for registered nurses, as defined in section 4723.01 of the Revised Code.
(3) Twenty-five per cent of available funds shall be awarded to students enrolled in prelicensure professional nurse education programs for licensed practical nurses, as defined in section 4723.01 of the Revised Code.
After January 1, 2012, the board of regents chancellor shall determine the manner in which to distribute loans under this section.
(D) Subject to the requirements specified in division (C) of this section, the board of regents chancellor shall adopt
rules in accordance with Chapter 119. of the Revised Code establishing: (1) Eligibility criteria for receipt of a loan; (2) Loan application procedures; (3) The amounts in which loans may be made and the total
amount that may be loaned to an individual; (4) The total amount of loans that can be made each year; (5) The percentage of the money in the fund that must
remain in the fund at all times as a fund balance; (6) Interest and principal repayment schedules; (7) Conditions under which a portion of principal and
interest obligations incurred by an individual under the program
will be forgiven; (8) Ways that the program may be used to encourage
individuals who are members of minority groups to enter the
nursing profession; (9) Any other matters incidental to the operation of the
program. (E) The obligation to repay a portion of the principal and
interest on a loan made under this section shall be forgiven if
the recipient of the loan meets the criteria for forgiveness
established by division (C)(1)(b) of this section, in the case of loans awarded under division (C)(1)(a) of this section, or by the board of regents by chancellor under the
rule adopted under division (D)(7) of this section, in the case of other loans awarded under this section. (F) The receipt of a loan under this section shall not
affect a student's eligibility for assistance, or the amount of
that assistance, granted under section 3333.12, 3333.122, 3333.22, 3333.26,
3333.27, 5910.03, 5910.032, or 5919.34 of the Revised Code, but
the rules of the board of regents chancellor may
provide for taking assistance received under those sections into consideration
when
determining a student's eligibility for a loan under this
section.
Sec. 3333.29. (A) As used in this section: (1) "Resident" has the
meaning established for purposes of
this section by rule of the
chancellor 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)
The Ohio board of regents
chancellor 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 adopted under section 3333.27 of the Revised Code. (C) The Ohio board of regents chancellor 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
career colleges and
schools. The size of
an
annual
grant award shall be
determined by
the Ohio board of
regents chancellor 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 chancellor 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
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 chancellor 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 chancellor 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 chancellor in accordance with the
school's refund
policy. (I)
The state board of
career colleges and schools shall
report to the Ohio board of regents chancellor each
degree
granting
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. 3333.31. (A) For state subsidy and tuition surcharge
purposes, status as a resident of Ohio shall be defined by the chancellor of the
Ohio board of regents by rule promulgated pursuant to Chapter
119. of the Revised Code. No adjudication as to the status of
any person under such rule, however, shall be required to be made
pursuant to Chapter 119. of the Revised Code. The term
"resident" for these purposes shall not be equated with the
definition of that term as it is employed elsewhere under the
laws of this state and other states, and shall not carry with it
any of the legal connotations appurtenant thereto. Rather, for
such purposes, the rule promulgated by the Ohio board of regents under this section
shall have the objective of excluding from treatment as residents
those who are present in the state primarily for the purpose of
attending a state-supported or state-assisted institution of
higher education, and may prescribe presumptive rules, rebuttable
or conclusive, as to such purpose based upon the source or
sources of support of the student, residence prior to first
enrollment, evidence of intention to remain in the state after
completion of studies, or such other factors as the Ohio board of
regents may deem chancellor deems relevant. (B) The rules of the Ohio board of regents chancellor for determining
student residency shall not deny residency status to a student
who is either a dependent child of a parent, or the spouse of a
person who, as of the first day of a term of enrollment in an
institution of higher education, has accepted full-time
employment and established domicile in this state for reasons
other than gaining the benefit of favorable tuition rates. Documentation of full-time employment and domicile shall
include both of the following documents: (1) A sworn statement from the employer or the employer's
representative on the letterhead of the employer or the
employer's representative certifying that the parent or spouse of
the student is employed full-time in Ohio; (2) A copy of the lease under which the parent or spouse
is the lessee and occupant of rented residential property in the
state, a copy of the closing statement on residential real
property of which the parent or spouse is the owner and occupant
in this state or, if the parent or spouse is not the lessee or
owner of the residence in which he the parent or spouse has
established domicile, a
letter from the owner of the residence certifying that the parent
or spouse resides at that residence. Residency officers may also evaluate, in accordance with board
the chancellor's rule, requests for immediate residency status from dependent
students whose parents are not living and whose domicile follows
that of a legal guardian who has accepted full-time employment
and established domicile in the state for reasons other than
gaining the benefit of favorable tuition rates. (C) "Dependent," "domicile," "institution of higher
education," and "residency officer" have the meanings ascribed in
the board's chancellor's rules adopted under this section.
Sec. 3333.35. The state board of education and
the chancellor of the Ohio board of regents shall strive to reduce unnecessary student
remediation costs incurred by colleges and universities in this state,
increase overall access for students to higher education, enhance the
post-secondary enrollment options program in accordance with Chapter
3365. of the Revised Code, and enhance the alternative educator licensure
program in accordance with section 3319.26 of the Revised Code.
Sec. 3333.36. Provided that sufficient unencumbered and unexpended funds are available from general revenue fund appropriations made to the Ohio board of regents or to the chancellor of the Ohio board of regents, the chancellor of the Ohio board of regents shall allocate up to seventy thousand dollars in each fiscal year to make payments to the Columbus program in intergovernmental issues, an Ohio internship program at Kent state university, for scholarships of up to two thousand dollars for each student enrolled in the program. The chancellor may utilize any general revenue funds appropriated to the board of regents or to the chancellor that the chancellor determines to be available for purposes of this section.
Sec. 3333.37. As used in sections 3333.37 to 3333.375 of the
Revised Code, the following words and terms have the
following
meanings unless the context indicates a different
meaning or
intent: (A)
"Cost of attendance" means all costs of a student
incurred in
connection with a program of study at an eligible
institution, as determined
by the institution, including tuition;
instructional fees; room and board;
books, computers, and
supplies; and other related fees, charges, and expenses. (B)
"Eligible institution" means
one of the following: (1) A state-assisted post-secondary educational institution
within the
state; (2) A nonprofit institution of higher education within the
state that
holds a certificate of authorization from the Ohio
board of regents
pursuant to issued under Chapter 1713. of the Revised Code,
that
is accredited by the appropriate regional and, when
appropriate, professional
accrediting associations within whose
jurisdiction it falls, is authorized to
grant a bachelor's degree
or higher, and satisfies other conditions as set
forth in the
policy guidelines; (3) A private institution exempt from regulation under
Chapter 3332. of the Revised Code as prescribed in section
3333.046 of the Revised Code. (C)
"Eligible student" means either of the following: (1) An undergraduate student who meets all of the following: (a) Is a resident of this state; (b) Has graduated from any Ohio secondary school for
which
the state board of education prescribes minimum standards in
accordance
with section 3301.07 of the Revised Code; (c) Is attending and in good standing, or has been accepted
for
attendance, at any eligible institution as a full-time student
to pursue a
bachelor's degree. (2) A graduate student who
is a resident of this state, and
is attending and in good
standing, or has been accepted for
attendance, at any eligible institution. (D)
"Fellowship" or
"fellowship program" means the Ohio
priority needs fellowship created by sections 3333.37 to 3333.375
of the
Revised Code. (E)
"Full-time student" has the meaning as defined by rule
of
the chancellor of the
Ohio board of regents. (F)
"Ohio outstanding scholar" means a student who is the
recipient of a scholarship under sections 3333.37 to 3333.375 of
the
Revised Code. (G)
"Policy guidelines" means the rules adopted by the
Ohio
board of regents chancellor pursuant to section 3333.374 of the
Revised Code. (H)
"Priority needs fellow" means a student who is the
recipient
of a fellowship under sections 3333.37 to 3333.375 of
the Revised
Code. (I)
"Priority needs field of study" means those academic
majors
and disciplines as determined by the Ohio board of regents
chancellor that
support the purposes and intent of sections 3333.37 to
3333.375 of the
Revised Code as described in section 3333.371 of
the
Revised Code. (J)
"Scholarship" or
"scholarship program" means the
Ohio
outstanding scholarship created by sections 3333.37 to 3333.375
of
the Revised Code.
Sec. 3333.372. (A) There is are hereby authorized the "Ohio
outstanding scholarship" and the "Ohio priority needs fellowship"
programs, which shall be established and administered by the chancellor of the Ohio
board of regents for eligible students. The programs shall provide
scholarships to eligible
undergraduate students and fellowships to eligible graduate students, equal to
the annual cost of attendance at eligible institutions, to pursue
baccalaureate
degrees and post-baccalaureate degrees in priority needs field of study
consistent with section 3333.371 of the Revised Code. (B) The scholarship and fellowship programs created under
sections 3333.37 to 3333.375 of the Revised Code and any
necessary administrative expenses shall be funded solely from the
Ohio outstanding scholarship and the Ohio priority needs
fellowship programs payment funds established pursuant to section 3333.375 of
the Revised Code. (C) The scholarships shall be renewable for each of three
additional
years for undergraduate study, and the fellowships shall be renewable for each
of two additional years for graduate study, provided the Ohio
outstanding scholar or priority needs fellow remains an eligible student at an
eligible institution.
Sec. 3333.373. (A) The board of regents shall establish the scholarship
rules advisory committee, which is hereby established. The committee shall consist of the chancellor of
the
Ohio board of regents or the chancellor's designee, the
treasurer of
state or the treasurer of state's designee, the
director of development or the
director's designee, one state
senator appointed by the president of the
senate, one state
representative appointed by the speaker of the house of
representatives, and two public members appointed by the
chancellor
representing the interests of the state-assisted
eligible institutions and
private nonprofit eligible institutions,
respectively. (B) The committee, within one hundred twenty days after
June
8, 2000,
shall provide recommendations to the
Ohio board of
regents chancellor as to rules, criteria, and guidelines necessary and
appropriate to implement the scholarship and fellowship
programs
created by sections 3333.37 to 3333.375 of the Revised
Code. (C) The committee shall meet at least annually to review the
scholarship and fellowship programs guidelines; make
recommendations to amend,
rescind, or modify the policy
guidelines; and approve scholarship and
fellowship awards to
eligible students. (D) Sections 101.82 to 101.87 of the
Revised Code do not
apply to this section.
Sec. 3333.374. (A) After receipt of recommendations from the scholarship
rules advisory committee or if no recommendations are received, the
chancellor of the Ohio board of regents, not later than one hundred eighty days after
the effective date of this section and with the approval of the treasurer of
state, shall adopt rules, in accordance with Chapter 119. of the
Revised Code, establishing such policy guidelines as the
board considers necessary and appropriate to provide for the implementation of
the scholarship and fellowship programs. (B) Nothing in this section or section 3333.373 of the
Revised Code shall prevent the board chancellor, with the approval of
the treasurer of state, from amending or rescinding rules adopted pursuant to
division (A) of this section, or from adopting new rules, in
accordance with Chapter 119. of the Revised Code,
from time to time as are necessary to further the purposes of sections 3333.37
to 3333.375 of the Revised Code.
Sec. 3333.375. (A)(1) There is are hereby created the Ohio
outstanding scholarship and the Ohio priority needs fellowship
programs payment funds, which shall be in the custody of the treasurer of
state, but shall not be a part of the state treasury. (2) The payment funds shall consist solely of all moneys returned to the
treasurer of state, as issuer of certain tax-exempt student loan revenue
bonds, from all indentures of trust, both presently existing and future,
created as a result of tax-exempt student loan revenue bonds issued under
Chapter 3366. of the Revised Code, and any moneys
earned from allowable investments of the payment funds under division
(B) of this section. (3) The payment funds shall be used solely for scholarship and fellowships
awarded under sections 3333.37 to 3333.375 of the Revised
Code by the chancellor of the Ohio board of regents and for any necessary
administrative expenses incurred by the board chancellor in administering the scholarship
and fellowship programs. (B) The treasurer of state may invest any moneys in the payment
funds not currently needed for scholarship and fellowship payments in any kind
of investments in which moneys of the public employees retirement system may
be invested under Chapter 145. of the Revised Code. (C)(1) The instruments of title of all investments shall be
delivered to the treasurer of state or to a qualified trustee designated by
the treasurer of state as provided in section 135.18 of the Revised
Code. (2) The treasurer of state shall collect both principal and investment
earnings on all investments as they become due and pay them into the payment
funds. (3) All deposits to the payment funds shall be made in public depositories
of this state and secured as provided in section 135.18 of the
Revised Code. (D) On or before March 1, 2001, and on or before the
first day of March in each subsequent year, the treasurer of state
shall provide to the chancellor of the Ohio board of regents a
statement indicating the moneys in the Ohio outstanding scholarship
and the Ohio priority needs fellowship programs payment funds that
are available for the upcoming academic year to award scholarships and
fellowships under sections 3333.37 to 3333.375 of the Revised
Code.
Sec. 3333.38. (A) As used in this section:
(1) "Institution of higher education" includes all of the following:
(a) A state institution of higher education, as defined in section 3345.011 of the Revised Code;
(b) A nonprofit institution issued a certificate of authorization by the Ohio board of regents under Chapter 1713. of the Revised Code;
(c) A private institution exempt from regulation under Chapter 3332. of the Revised Code, as prescribed in section 3333.046 of the Revised Code;
(d) An institution of higher education with a certificate of registration from the state board of career colleges and schools under Chapter 3332. of the Revised Code.
(2) "Student financial assistance supported by state funds" includes assistance granted under sections 3315.33, 3333.12, 3333.122, 3333.21, 3333.26, 3333.27, 3333.28, 3333.29, 3333.372, 5910.03, 5910.032, and 5919.34 of the Revised Code and any other post-secondary student financial assistance supported by state funds.
(B) An individual who is convicted of, pleads guilty to, or is adjudicated a delinquent child for one of the following violations shall be ineligible to receive any student financial assistance supported by state funds at an institution of higher education for two calendar years from the time the individual applies for assistance of that nature:
(1) A violation of section 2917.02 or 2917.03 of the Revised Code;
(2) A violation of section 2917.04 of the Revised Code that is a misdemeanor of the fourth degree;
(3) A violation of section 2917.13 of the Revised Code that is a misdemeanor of the fourth or first degree and occurs within the proximate area where four or more others are acting in a course of conduct in violation of section 2917.11 of the Revised Code. (C) If an individual is convicted of, pleads guilty to, or is adjudicated a delinquent child for committing a violation of section 2917.02 or 2917.03 of the Revised Code, and if the individual is enrolled in a state-supported institution of higher education, the institution in which the individual is enrolled shall immediately dismiss the individual. No state-supported institution of higher education shall admit an individual of that nature for one academic year after the individual applies for admission to a state-supported institution of higher education. This division does not limit or affect the ability of a state-supported institution of higher education to suspend or otherwise discipline its students.
Section 2. That existing sections 121.03, 3333.01, 3333.021, 3333.03, 3333.04, 3333.041, 3333.042, 3333.043, 3333.044, 3333.045, 3333.046, 3333.047, 3333.05, 3333.06, 3333.07, 3333.071, 3333.072, 3333.08, 3333.09, 3333.10, 3333.11, 3333.12, 3333.121, 3333.122, 3333.123, 3333.13, 3333.14, 3333.15, 3333.16, 3333.161, 3333.162, 3333.17, 3333.18, 3333.19, 3333.20, 3333.21, 3333.22, 3333.23, 3333.25, 3333.26, 3333.27, 3333.28, 3333.29, 3333.31, 3333.35, 3333.36, 3333.37, 3333.372, 3333.373, 3333.374, 3333.375, and 3333.38 of the Revised Code are hereby repealed.
Section 3. (A) On and after the effective date of this section:
(1) The Ohio Board of Regents, as established by section 3333.01 of the Revised Code, shall be an advisory board charged with the duty to advise the Chancellor of the Ohio Board of Regents in carrying out the Chancellor's duties.
(2) The Chancellor of the Ohio Board of Regents shall have the powers and duties formerly prescribed as powers and duties of the Ohio Board of Regents and any other powers and duties granted to the Chancellor by law enacted after the effective date of this section.
(3) The Chancellor of the Ohio Board of Regents is thereupon and thereafter successor to, assumes the obligations of, and otherwise constitutes the continuation of the Ohio Board of Regents.
(4) Any business commenced but not completed by the Ohio Board of Regents shall be completed by the Chancellor of the Ohio Board of Regents in the same manner, and with the same effect, as if completed by the Board. No validation, cure, right, privilege, remedy, obligation, or liability is lost or impaired by reason of the change in powers and duties prescribed in the provisions amended and enacted in Sections 1 and 2 of this act.
(5) All of the rules of the Ohio Board of Regents continue in effect as rules of the Chancellor of the Ohio Board of Regents, until amended or rescinded by the Chancellor.
(6) Except as otherwise specified in section 3333.031 of the Revised Code or another provision of law on point enacted after the effective date of this section, when the Ohio Board of Regents is referred to in any statute, rule, contract, grant, or other document, the reference shall be construed to refer to the Chancellor of the Ohio Board of Regents.
(B) No judicial or administrative action or proceeding in which the Ohio Board of Regents is a party that is pending on the effective date of this section, is affected by the change in powers and duties prescribed in the provisions amended and enacted in Sections 1 and 2 of this act. Such action or proceeding shall be prosecuted or defended in the name of the Chancellor of the Ohio Board of Regents. On application to the court or other tribunal, the Chancellor of the Ohio Board of Regents shall be substituted for the Ohio Board of Regents as a party to such action or proceeding.
(C) As prescribed in division (B) of section 3333.03 of the Revised Code, professional, administrative, and clerical employees and staff of the Ohio Board of Regents remain subject to the appointment by and continue to serve at the pleasure of the Chancellor of the Ohio Board of Regents.
(D) On the effective date of this section, all books, records, documents, files, transcripts, equipment, furniture, supplies and other materials assigned to or in the possession of the Ohio Board of Regents shall be transferred to the Chancellor of the Ohio Board of Regents.
Section 4. Not later than September 28, 2007, the Chancellor of the Ohio Board of Regents shall report to the General Assembly, in accordance with division (B) of section 101.68 of the Revised Code, and to the Governor, recommendations to accomplish the following:
(A) Make college more affordable and accessible for all Ohioans;
(B) Encourage Ohio graduates to remain in Ohio after earning their degrees;
(C) Maximize higher education as a driver of the state's economy.
The report also shall include a plan as to how the Board of Regents should be fully utilized to enhance higher education in Ohio.
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