The online versions of legislation provided on this website are not official. Enrolled bills are the final version passed by the Ohio General Assembly and presented to the Governor for signature. The official version of acts signed by the Governor are available from the Secretary of State's Office in the Continental Plaza, 180 East Broad St., Columbus.
|
H. B. No. 423 As IntroducedAs Introduced
128th General Assembly | Regular Session | 2009-2010 |
| |
Representative Williams, S.
A BILL
To amend sections 3333.122, 3333.20, and 6301.02 and
to enact section 3333.91 of the Revised Code to
create the Industry Sector Strategy Training
Program, to require the awarding of academic
credit to individuals who complete the program,
and to require the Department of Job and Family
Services to streamline core services provided
under the federal Workforce Investment Act.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 3333.122, 3333.20, and 6301.02 be
amended and section 3333.91 of the Revised Code be enacted to read
as follows:
Sec. 3333.122. (A) The chancellor of the Ohio board of
regents
shall adopt
rules to carry out this section and as
authorized
under section
3333.123 of the Revised Code. The rules
shall
include definitions
of the terms "resident," "expected
family
contribution,"
"full-time student," "three-quarters-time
student," "half-time
student," "one-quarter-time student," "state
cost of attendance,"
and
"accredited" for the
purpose of those
sections.
(B) Only an Ohio resident who meets both of the following
is
eligible for a grant awarded under this section:
(1) The resident has an expected family contribution of two
thousand one hundred ninety dollars or less;
(2) The resident enrolls in one of the following:
(a) An undergraduate
program, or a
nursing diploma program
approved by the board of
nursing under
division (A)(5) of
section 4723.06 of the Revised
Code, at a
state-assisted state
institution of higher education,
as defined
in section 3345.12
of the Revised Code, that meets the
requirements of Title VI of
the Civil Rights Act of 1964;. For
purposes of division (B)(2)(a)
of this section, enrollment in an undergraduate program
shall
include enrollment in a training program approved under section
3333.91 of the Revised Code.
(b) An undergraduate program, or a nursing diploma program
approved by the board of nursing under division (A)(5) of section
4723.06 of the Revised Code, at a private, nonprofit institution
in this state holding a certificate of authorization pursuant to
Chapter 1713. of the Revised Code;
(c) An undergraduate program, or a nursing diploma program
approved by the board of nursing under division (A)(5) of section
4723.06 of the Revised Code, at a career college in this state
that holds a certificate of registration from the state board of
career colleges and schools under Chapter 3332. of the Revised
Code or at a private institution exempt from regulation under
Chapter 3332. of the Revised Code as prescribed in section
3333.046 of the Revised Code, if the program has a certificate of
authorization pursuant to Chapter 1713. of the Revised Code.
(C)(1) The chancellor shall establish and
administer
a
needs-based financial aid grants program based on the United
States
department of education's method of determining financial
need. 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 chancellor
also may receive
funds from other
sources to
support the program.
If, for any
academic year, the amounts
available for
support of the program
are inadequate
to provide
grants to all
eligible students, the
chancellor shall do one of
the following:
(a) Give preference in the
payment of grants based upon
expected family
contribution, beginning
with the lowest expected
family
contribution
category and
proceeding upward by category
to the
highest expected family
contribution category;
(b) Proportionately reduce the amount of each grant to be
awarded for the academic year under this section;
(c) Use an alternate formula for such grants that addresses
the shortage of available funds and has been submitted to and
approved by the controlling board.
(2) The needs-based financial aid grant shall be paid to
the
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
the grants shall be made
as prescribed by
the 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
division (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, or a regionally developed
industry-recognized credential under section 3333.91 of the
Revised Code. 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 rule issued by
the
chancellor. No student
shall
receive more than one
grant on
the
basis of less than
full-time
enrollment.
(D)(1) Except as provided in division (D)(4) of this
section, no grant awarded under this
section
shall exceed the
total state cost of attendance.
(2) Subject to divisions (D)(1), (3), and (4) of this
section,
the amount of a grant awarded to a student under this
section shall equal the student's remaining
state cost of
attendance after the student's Pell grant and
expected family
contribution are applied to the instructional and
general charges
for the undergraduate program. However, for
students enrolled in
a
state university or college as defined in
section 3345.12 of
the
Revised Code or a university branch, the
chancellor may
provide
that the grant amount shall equal the
student's
remaining
instructional and general charges for the
undergraduate program
after the student's Pell grant and expected
family contribution
have been applied to those charges, but, in
no case, shall the
grant amount for such a student exceed any
maximum that the
chancellor may set by rule.
(3) For a student enrolled for a semester or quarter in
addition to the portion
of
the
academic year covered by a grant
under this section, the
maximum grant amount shall be a
percentage
of the maximum
specified in
any table established in rules
adopted by the
chancellor as provided in division (A) of this
section. The
maximum grant for a fourth quarter shall be
one-third
of the
maximum amount so prescribed.
The maximum
grant for a
third semester shall be one-half of the
maximum
amount
so
prescribed.
(4) If a student is enrolled in a two-year institution of
higher education and is eligible for an education and training
voucher through the Ohio education and training voucher program
that receives federal funding under the John H. Chafee foster care
independence program, 42 U.S.C. 677, the amount of a grant awarded
under this section may exceed the total state cost
of attendance
to additionally cover housing costs.
(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 in
the
case of either of the
following:
(a) The institution
pursuant to
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 that the institution may
continue to
participate in
federal financial aid programs. The
chancellor
shall adopt rules
requiring any such
appellant to
provide
information
to the chancellor regarding an
appeal.
(b) Any student who has previously received a grant
pursuant
to any provision of this section, including prior to the
section's amendment by Am. Sub. H.B. 1 of the 128th general
assembly,
effective July 17, 2009,
and
who meets all other
eligibility
requirements of
this section.
(3) The 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 any institution whose
students
are ineligible for grants
due to
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 chancellor all
students who have received
such needs-based financial aid
grants
but
are no longer eligible
for
all or part of those 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 chancellor shall
immediately
notify the
office
of
budget and management and
the
legislative service
commission
of
all
refunds so received.
Sec. 3333.20. (A) 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;. The standards shall
require community colleges and state community colleges to award
credit for successful completion of a training program approved
under section 3333.91 of the Revised Code and to apply
that
credit toward an associate degree in a related field.
(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 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
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 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. 3333.91. (A) There is hereby created the industry
sector strategy training program. The chancellor of the Ohio board
of regents shall meet with each industry operating within this
state to develop regionally developed credentials for each
respective industry based on industry sector strategies for high
demand jobs or for employers who can demonstrate a defined need
for defined employment. The chancellor shall use statistics
produced by the bureau of labor market information within the
department of job and family services to determine which jobs are
considered high demand jobs.
(B) An employer who develops a training program based on the
sector strategies developed under division (A) of this section may
submit the training program to the chancellor for approval. The
chancellor shall approve the plan if all of the following are
satisfied:
(1) The training program submitted by the employer fits the
industry sector strategy program established under division (A) of
this section for the industry in which the employer is a member.
(2) The employer demonstrates either of the following:
(a) The training program will be used to train individuals in
a field that is in high demand as determined by the bureau of
labor market information within the department of job and family
services;
(b) The employer has a defined need for defined employment
that will result in individuals being employed by that employer
for that need.
(3) Upon successful completion of the training program, an
individual will have obtained the regionally developed credentials
the program is designed to impart.
(C) An individual who wishes to participate in an employer
training program approved under division (B) of this section may
use funding provided under the "Workforce Investment Act of 1998,"
112 Stat. 936, 29 U.S.C. 2801, as amended, or other financial aid
available to the individual. If the individual is unable to secure
financial aid, the individual may apply for and use funding
available under the Ohio college opportunity grant program created
in section 3333.122 of the Revised Code. To be eligible to receive
funding from the grant program, the individual shall demonstrate
that the individual was unable to secure funding from other
sources in addition to satisfying the requirements for eligibility
specified in division (B) of section 3333.122 of the Revised Code.
(D) An individual who successfully completes a training
program approved under division (B) of this section may apply for
credit toward an associate's degree available through a community
college or a state community college. If an individual applies for
such credit, the community college or state community college
shall award that credit in accordance with section 3333.20 of the
Revised Code.
Sec. 6301.02. The director of job and family services shall
administer the "Workforce Investment Act of 1998,"
112 Stat. 936,
29
U.S.C.A.
2801, as amended, the
"Wagner-Peyser
Act," 48
Stat.
113 (1933), 29
U.S.C.A.
49, as amended, and the funds received
pursuant to those acts. In
administering those acts and funds
received pursuant to those
acts, the director shall establish and
administer a workforce
development system that is designed to
provide leadership, support, and
oversight to locally designed
workforce development and family
services systems
and that
provides the
maximum amount of flexibility and authority to
counties and municipal
corporations, as permitted under the
"Workforce
Investment
Act of 1998," 112
Stat. 936, 29
U.S.C.A.
2801, as amended. To the extent possible and in accordance with
the "Workforce Investment Act of 1998," 112 Stat. 936, 29 U.S.C.
2801, as amended, the director shall streamline the provision of
core services regarding the sequence of providing those services.
The director
shall conduct investigations and hold hearings as
necessary for the
administration of this chapter.
To the extent permitted by state and federal law, the
director may adopt rules pursuant to Chapter 119. of the
Revised
Code to establish any program or pilot program for the purposes of
providing workforce development activities or family services to
individuals who do not meet eligibility criteria for those
activities or services under applicable federal law. Prior to the
initiation of any program of that nature, the director of budget
and management shall certify to the governor that sufficient funds
are available to administer a program of that nature.
Unless otherwise prohibited by state or federal law, every
state agency, board, or commission shall provide to the director
all
information and assistance requested by the director in
furtherance of workforce development activities.
Section 2. That existing sections 3333.122, 3333.20, and
6301.02 of the Revised Code are hereby repealed.
|
|