130th Ohio General Assembly
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 Introduced
As Introduced

128th General Assembly
Regular Session
2009-2010
H. B. No. 423


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:
(1) As a whole entity;
(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.
Please send questions and comments to the Webmaster.
© 2024 Legislative Information Systems | Disclaimer