H.B.
2
127th General Assembly
(As Passed by the House)
Reps. Webster, Garrison, Luckie, Lundy, Dyer, Heard, Brady, Celeste, Adams, B. Williams, Sykes, Okey, Bacon, Beatty, Blessing, Bolon, Book, Boyd, Brown, Budish, Carano, Combs, DeBose, DeGeeter, Distel, Domenick, Driehaus, Fende, Flowers, Foley, Gibbs, R. Hagan, Harwood, Hughes, Koziura, Letson, Mallory, J. McGregor, Miller, Oelslager, Otterman, Sayre, Schindel, D. Stewart, Uecker, Ujvagi, White, S. Williams, Wolpert, Yates, Yuko
BILL SUMMARY
· Makes the Chancellor of the Ohio Board of Regents an appointee of the Governor with the advice and consent of the Senate, instead of an appointee of the Board of Regents.
· Transfers the current powers and duties of the Board of Regents to the Chancellor.
· Makes the Board of Regents an advisory board to the Chancellor.
· Requires the Chancellor to make recommendations to the General Assembly and the Governor for improvements in higher education.
CONTENT AND OPERATION
The bill makes the Chancellor of the Ohio Board of Regents no longer subject to appointment by the Board. Instead, under the bill, the Chancellor is appointed by the Governor, with the advice and consent of the Senate, and is added to the statutory list of state officers so appointed who are members of the Governor's cabinet.[1] The bill further specifies that the Chancellor serves at the pleasure of the Governor, who prescribes the Chancellor's duties in addition to the Chancellor's duties prescribed by law, and fixes the Chancellor's compensation.[2]
The bill transfers the current powers and duties prescribed by statute for the Board of Regents to the Chancellor. While it does not affect the appointment, terms, or organization of the Board, the bill specifies that the Board is an advisory board to the Chancellor.[3] Thus, unless a separate statute prescribes a specific duty for the Board of Regents, its only duty under the bill is to provide advice to the Chancellor, presumably upon request of the Chancellor. Accordingly, the Chancellor, rather than the Board of Regents, would be responsible for deciding how to guide and coordinate higher education policy within the parameters set by law.
The bill amends several sections in R.C. Chapter 3333. that pertain to the current powers of the Board. It also states that "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'" unless it relates to the Board's advisory duties or unless another section of law expressly provides otherwise.[4] See APPENDIX 1 for a list of many of the current statutory powers and duties of the Board of Regents.
The bill does not affect the current powers and duties prescribed by separate statutes for the Chancellor. See APPENDIX 2 for a list of many of the current statutory powers and duties of the Chancellor.
The bill also requires the Chancellor, by September 28, 2007, to report to the General Assembly and the Governor with recommendations for improvements in higher education. Specifically, the Chancellor's recommendations must address (1) making college more affordable and accessible, (2) encouraging graduates to remain in the state after earning their degrees, and (3) maximizing higher education as a driver of the state's economy. In addition, the report must include a plan as to how the Board of Regents may be "fully utilized to enhance higher education in Ohio."[5]
The Board of Regents consists of nine members appointed to nine-year terms by the Governor with the advice and consent of the Senate. In addition, the chairpersons of the House and Senate Education committees serve as ex officio, nonvoting members of the Board.[6] Currently, the Board guides the development of higher education policy and coordinates policy implementation, but it does not exercise direct managerial control over institutions of higher education. Management of the institutions is left to their separate boards of trustees, which generally have the power to make all decisions necessary to carry out their respective educational missions.
Among the Board's primary responsibilities are making policy recommendations, collecting data, providing fiscal oversight of public institutions of higher education, approving changes to institutional programs, and administering student financial aid programs. In distributing state funds to institutions of higher education, the Board of Regents establishes procedures for calculating the key components of the State Share of Instruction, based on a formula that is enacted by the General Assembly in each biennial budget act. See APPENDIX 1 for a list of many of the current statutory powers and duties of the Board of Regents.
The Board of Regents currently is required to appoint and prescribe the duties for a Chancellor who, as the administrative officer of the Board, serves at the Board's pleasure.[7] Current law also states that the Chancellor is responsible for hiring and fixing the compensation of all professional, administrative, and clerical employees and staff necessary to assist the Board and the Chancellor in the performance of their duties.[8] Law not changed by the bill specifies that the Chancellor must 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. It also specifies that neither the Chancellor nor any staff member or employee simultaneously may be a trustee, officer, or employee of any public or private college or university.[9]
See APPENDIX 2 for a list of many of the current statutory powers and duties of the Chancellor.
HISTORY
ACTION |
DATE |
|
|
Introduced |
02-20-07 |
Reported, H. Education |
03-21-07 |
Passed House (96-2) |
03-21-07 |
APPENDICES
APPENDIX 1
CURRENT POWERS AND DUTIES
OF THE OHIO BOARD OF REGENTS |
|
Citation |
Power or Duty |
R.C. 122.33 |
Operate (in conjunction
with the Director of Development) the Industrial Technology and Enterprise
Resources Program |
R.C. 154.21 |
Lease capital facilities
from the Ohio Public Facilities Commission for the use of institutions of
higher education and make agreements for the use, sale, or sublease of those
facilities |
R.C. 307.091 |
Approve the lease, sale,
or transfer of a county health care facility to a state-supported medical
school |
R.C. 1713.02, 1713.03, and
1713.04 |
Establish standards for,
issue, and revoke certificates of authorization for private, nonprofit
institutions of higher education specifying the degrees, diplomas, and
courses that the institutions are allowed to offer |
R.C. 2950.11 |
Maintain list of contact
information for institutions of higher education for county sheriffs to use
in providing notice of sexual offender residing in area |
R.C. 3301.42 |
(1) Consult in developing the Partnership for
Continued Learning's recommended legislative changes to improve the
Post-Secondary Enrollment Options program and other dual enrollment programs (2) Consult in developing the Partnership's
recommendations for waivers of the requirement to complete the Ohio Core
curriculum to be admitted to a state university without further coursework |
R.C. 3301.43 |
Collaborate with the State
Board of Education and the Partnership for Continued Learning in recommending
a means of assessing high school students' college and work readiness |
R.C. 3301.46 |
Propose, in cooperation
with the Department of Education, by April 30, 2009, a standard method and
form for documenting high school credit on high school transcripts |
R.C. 3302.032 |
Consult with the State
Board of Education in the State Board's selection of a measure, to be placed
on school district report cards, of high school graduates' preparedness for
higher education and the workforce |
R.C. 3313.603 |
(1) Develop policies, in cooperation with the
State Board of Education and the Partnership for Continued Learning, to
ensure that only in rare instances will students who complete the Ohio Core
curriculum require academic remediation after high school; (2) Collaborate with the Partnership for
Continued Learning and the State Board of Education in analyzing data to
determine if mitigating circumstances warrant extending the Ohio Core opt-out
procedure beyond the Class of 2017; and (3) Consult with the State Board and the
Partnership to develop a statewide plan for awarding high school credit based
on demonstrations of subject area competencies instead of or in combination
with hours of classroom instruction |
R.C. 3319.112 |
Consult with the State
Board of Education in establishing guidelines for the evaluation of
elementary and secondary teachers and principals |
R.C. 3319.233 |
Consult in the State Board
of Education's annual report on the quality of colleges and universities that
prepare teachers |
R.C. 3319.61 |
Consult with the Educator
Standards Board in developing standards for educator licensure and
professional development |
R.C. 3333.04 |
(1) Make studies of state
policy in higher education; (2) Formulate a master
plan for higher education for the state; (3) Report annually to the
Governor and General Assembly on study findings and the master plan; (4) Report semiannually to
the Governor and General Assembly on enrollment figures at state-assisted
institutions of higher education; (5) Approve the
establishment of state institutions of higher education; (6) Approve the
establishment of new branches or academic centers of state colleges and universities; (7) Approve new degrees
and degree programs at state-assisted institutions of higher education; (8) Recommend programs,
research, and public services to be offered by state-assisted institutions of
higher education in order to best utilize their facilities and personnel; (9) Recommend to
state-assisted institutions of higher education graduate or professional
programs that could be eliminated because of duplication or other cause and
recommend programs that should be added to existing offerings; (10) Exclude students
enrolled in programs recommended for elimination when determining
instructional subsidies for state-assisted institutions of higher education; (11) Conduct studies for
state-assisted institutions of higher education to assist them in making
efficient use of their facilities and personnel; (12) Make recommendations
to the Governor and General Assembly about (a) the development of
state-funded capital plans for higher education, (b) the establishment of new
state-assisted institutions of higher education and new programs at existing
institutions, and (c) the design and funding of student financial aid
programs; (13) Review appropriation
requests of state colleges and universities, community colleges, and
technical colleges and submit budget recommendations to the Office of Budget
and Management; (14) Define
"full-time equivalent student" for state subsidy purposes; (15) Appoint advisory
committees to assist the Board in its duties; (16) Establish goals and
timetables for programs under the Board's supervision that deal with
increased access to higher education, job training, adult literacy, research,
excellence in higher education, or reductions in similar graduate programs
and submit the goals, timetables, and regular progress reports to the
Governor and General Assembly; (17) Administer student
financial aid programs; (18) Conduct enrollment
audits of state-assisted institutions of higher education; and (19) Appoint consortiums
of higher education personnel to participate in the development and operation
of statewide collaborative efforts and appoint a fiscal agent for each
consortium |
R.C. 3333.041 |
Report annually to the
General Assembly, State Board of Education, and school districts on the
status of district graduates at state-assisted institutions of higher
education, including the number who take remedial courses |
R.C. 3333.042 |
Operate a grant program for aerospace research, education, and
technology |
R.C. 3333.043 |
Encourage the development of community service programs at
institutions of higher education |
R.C. 3333.044 |
Contract with consultants
and purchase liability insurance for consultants or advisory committee
members |
R.C. 3333.045 |
Work with specified state
officials to develop a model for training boards of trustees of public institutions
of higher education and members of the Board regarding their duties, fiscal
issues, and ethics |
R.C. 3333.047 |
Conduct audits of student
financial aid programs |
R.C. 3333.05, 3354.07,
3357.021, 3357.07, 3357.18, 3358.02, and 3358.07 |
(1) Approve plans drawn up
by the board of trustees for the establishment of a community college,
technical college, or state community college; and (2) Issue a charter for
the institution's operation and approve charter amendments |
R.C. 3333.06 |
Prepare a state plan for
participation in federal programs that provide funds for higher education
capital facilities and prioritize eligible projects |
R.C. 3333.07 |
Prescribe procedures for
institutions of higher education to account for their expenditure of state
funds |
R.C. 3333.071 |
Approve (in conjunction
with the Controlling Board) expenditures for land by public institutions of
higher education |
R.C. 3333.072 |
Adopt rules governing
allocation of state capital appropriations to state colleges and universities |
R.C. 3333.08 |
Approve applications from
private institutions of higher education to appropriate property for
educational purposes through eminent domain |
R.C. 3333.09 |
(1) Accept land
conveyances from a public college or university and lease the land and its
buildings to the college or university for use as an educational facility; (2) Construct, equip, or
remodel buildings on the land; and (3) Consent to the sale of
the land to the lessee |
R.C. 3333.10 |
Enter into agreements with
private colleges or universities for the operation of state-subsidized
medical or dental schools |
R.C. 3333.15 |
Undertake construction of
a university branch if the board of trustees of a state university fails to
do so within one year after a state appropriation for the construction |
R.C. 3333.16 |
Develop an articulation
and transfer policy and a universal course equivalency classification system
for state colleges and universities |
R.C. 3333.161 |
Establish a statewide
system for articulation agreements among state institutions of higher
education for transfer students pursuing teacher education programs |
R.C. 3333.162 |
Develop an articulation
and transfer policy for technical courses |
R.C. 3333.163 |
Adopt standard scores on
Advanced Placement exams that qualify for college credit from all public
institutions of higher education |
R.C. 3333.17, 3333.18, and
3333.19 |
Enter into reciprocity
contracts with states/countries to permit students to attend state-assisted
institutions of higher education in either state/country at in-state/country
tuition rates and approve similar contracts entered into by individual
institutions |
R.C. 3333.20 |
Adopt educational service
standards that address range of programs, course delivery, fees, and student
access for state community colleges, community colleges, technical colleges,
and university branches |
R.C. 3333.31 |
Define Ohio residency for
state subsidy and tuition purposes |
R.C. 3333.33 |
Publish, in collaboration
with the State Board, an annual report describing dual enrollment programs
offered by school districts, community schools, and chartered nonpublic
schools.[10] |
R.C. 3333.34 |
Create, in cooperation
with the State Board of Education, a system of pre-college stackable
certificates to provide clear and accessible paths for adults seeking to
advance their education.[11] |
R.C. 3345.32 |
Specify the form of
statements of selective service status |
R.C. 3345.45 |
Develop standards for
instructional workloads for faculty |
R.C. 3345.50 and 3345.51 |
Adopt rules establishing
criteria for the local administration by a state university or state community
college of a capital facilities project requiring state funds and approve
requests to locally administer projects |
R.C. 3345.72 and 3345.74 |
(1) Establish a financial
tracking system to monitor public institutions of higher education; (2) Declare an institution
to be in a state of fiscal watch and terminate a fiscal watch upon
satisfactory performance; and (3) Determine when the
fiscal problems of an institution in fiscal watch warrant appointing a
conservator |
R.C. 3349.29 |
Approve agreements
transferring educational functions and/or assets of a municipal university to
a state university |
R.C. 3354.02, 3357.02, and
3357.18 |
Undertake or contract for
studies relative to the establishment of a community college or technical
college |
R.C. 3354.18 |
Determine whether a
municipal university is eligible for state aid because it offers
instructional programs equivalent to those of a community college |
R.C. 3354.23 |
Evaluate pilot programs
for displaced homemakers |
R.C. 3355.091 |
Approve a resolution of a
university branch board of trustees providing for borrowing money and issuing
bonds for auxiliary or education facilities |
R.C. 3357.09 |
Approve the offering of
technical college programs outside of the technical college district |
R.C. 3357.19 |
(1) Adopt rules regarding
instructional content and the qualifications of teaching personnel at
technical colleges; and (2) Revoke or suspend the
charter of a technical college for violations of law or its approved plan |
R.C. 3702.74,
3702.75, 3702.85, and 3702.91 |
Repay student loans for
physicians and dentists that practice in shortage areas under the Physician
Loan Repayment Program and the Dentist Loan Repayment Program |
R.C. 4757.01, 4758.01,
4760.031, and 4763.01 |
Recognize accrediting
organizations for purposes of state licensing boards |
Section 3 of Am. Sub. S.B.
311 of the 126th General Assembly |
Consult with the State
Board of Education in the State Board's appointments to the Foreign Language
Advisory Council |
APPENDIX 2
CURRENT POWERS AND DUTIES
OF |
||
Citation |
Power or Duty |
|
R.C. 121.40 |
Serve, or appoint a
designee, as a member of the Community Service Council |
|
R.C. 184.01 |
Serve as a member of the
Third Frontier Commission |
|
R.C. 3301.41 |
Serve as a member of the
Partnership for Continued Learning |
|
R.C. 3319.60 |
(1) Submit two slates of nominees for
appointments to the Educator Standards Board of representatives of colleges
and universities that prepare teachers; and (2) Serve as a nonvoting member of the
Educator Standards Board |
|
R.C. 3332.03 |
Serve, or appoint a
vice-chancellor, as a member of the State Board of Career Colleges and
Schools |
|
R.C. 3333.03 |
Serve as administrative
officer of the Ohio Board of Regents; appoint and fix the compensation of all
employees necessary to assist the Board |
|
R.C. 3333.36 |
Allocate up to $70,000
each fiscal year to make payments to the Columbus Program in
Intergovernmental Issues (an Ohio internship program at Kent State
University) for scholarships |
|
R.C. 3333.373 |
Serve, or appoint a
designee, as a member of the Rules Advisory Committee (for the Outstanding
Scholarship and Priority Needs Fellowship programs) |
|
R.C. 3334.03 |
Serve as a member of the
Ohio Tuition Trust Authority |
|
R.C. 3345.28 |
Report to the chairpersons
of the Education committees of the House and Senate on the status of faculty
improvement programs |
|
R.C. 3353.02 |
Serve, or appoint a
designee, as a member of the eTech Ohio Commission |
|
R.C. 3354.16, 3355.12, and
3357.16 |
Biennially adjust the
dollar threshold in excess of which contracts for capital improvements at
community colleges, university branches, and technical colleges must be
competitively bid |
|
R.C. 3377.03 |
Serve, or appoint a
designee, as a member of the Ohio Higher Educational Facility Commission |
|
R.C. 4112.12 |
Serve, or appoint a designee,
as a member of the Commission on African-American Males |
|
R.C. 5910.02 |
Serve, or appoint a
designee, as a member of the War Orphans Scholarship Board |
|
R.C. 5919.34 |
Adopt rules, along with
the Adjutant General, governing the administration and fiscal management of
the Ohio National Guard Scholarship Program |
|
h0002-ph-127.doc/kl
[1] R.C. 121.03. This list, while not statutorily named the
"Governor's cabinet," is the group of officers that by tradition
functions as the Governor's cabinet.
The list does not contain constitutional officers; however, a separate
statute specifies that the Lieutenant Governor is "a member of the
Governor's cabinet" and presides at its meetings in absence of the
Governor (R.C. 108.05, not in the bill).
There does not appear to be any law that prevents the Governor from
including other officers in the cabinet.
[2] R.C. 3333.03.
[3] R.C. 3333.01.
[4] R.C. 3333.031. See also Section 3, where the bill
prescribes transferring to the Chancellor the assets and liabilities currently
held in the name of the Board of Regents.
[5] Section 4 of the bill.
[6] R.C. 3333.01.
[7] The bill removes
statutory language that currently designates the Chancellor as the
administrative officer of the Board of Regents.
[8] Under the bill, the
Chancellor continues to be responsible for hiring and fixing the compensation
of all necessary employees and staff.
[9] R.C. 3333.03.
[10] This provision was
enacted as R.C. 3333.34 by Am. Sub. S.B. 311 of the 126th General Assembly, and
was recodified as R.C. 3333.33 by the Director of LSC pursuant to the
Director's authority under R.C. 103.131.
[11] This provision was
enacted by Am. Sub. H.B. 699 of the 126th General Assembly.