Bill Text: OH HB424 | 2009-2010 | 128th General Assembly | Introduced

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Bill Title: To qualify students in non-credit community college programs for Ohio College Opportunity Grants and to require the awarding of academic credit for community colleges' career certification programs.

Sponsorship: Partisan Bill (Democrat 1)

Status: (Introduced - Dead) 2010-01-27 - To Education [HB424 Detail]

Download: Ohio-2009-HB424-Introduced.html

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As Introduced

128th General Assembly Regular Session 2009-2010

H. B. No. 424

Representative Williams, S. 

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A BILL

To amend sections 3333.122 and 3333.20 and to enact

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section 3333.164 of the Revised Code to qualify

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students in non-credit community college programs

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for Ohio College Opportunity Grants and to

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require the awarding of academic credit for

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community colleges' career certification programs.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section 1.  That sections 3333.122 and 3333.20 be amended and	7
section 3333.164 of the Revised Code be enacted to read as	8
follows:	9

Sec. 3333.122.  (A) The chancellor of the Ohio board of	10
regents shall adopt rules to carry out this section and as	11
authorized under section 3333.123 of the Revised Code. The rules	12
shall include definitions of the terms "resident," "expected	13
family contribution," "full-time student," "three-quarters-time	14
student," "half-time student," "one-quarter-time student," "state	15
cost of attendance," and "accredited" for the purpose of those	16
sections.	17

(B) Only an Ohio resident who meets both of the following is	18
eligible for a grant awarded under this section:	19

(1) The resident has an expected family contribution of two	20
thousand one hundred ninety dollars or less;	21

(2) The resident enrolls in one of the following:

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(a) An undergraduate program, or a nursing diploma program	23
approved by the board of nursing under division (A)(5) of	24
section 4723.06 of the Revised Code, at a state-assisted state	25
institution of higher education, as defined in section 3345.12	26
of the Revised Code, that meets the requirements of Title VI of	27
the Civil Rights Act of 1964;. For purposes of division (B)(2)(a)	28
of this section, enrollment in an undergraduate program shall	29
include enrollment in a community college or state community	30
college in a program for which credit is not awarded.	31

(b) An undergraduate program, or a nursing diploma program	32
approved by the board of nursing under division (A)(5) of section	33
4723.06 of the Revised Code, at a private, nonprofit institution	34
in this state holding a certificate of authorization pursuant to	35
Chapter 1713. of the Revised Code;	36

(c) An undergraduate program, or a nursing diploma program	37
approved by the board of nursing under division (A)(5) of section	38
4723.06 of the Revised Code, at a career college in this state	39
that holds a certificate of registration from the state board of	40
career colleges and schools under Chapter 3332. of the Revised	41
Code or at a private institution exempt from regulation under	42
Chapter 3332. of the Revised Code as prescribed in section	43
3333.046 of the Revised Code, if the program has a certificate of	44
authorization pursuant to Chapter 1713. of the Revised Code.	45

(C)(1) The chancellor shall establish and administer a	46
needs-based financial aid grants program based on the United	47
States department of education's method of determining financial	48
need. The program shall be known as the Ohio college	49
opportunity grant program. The general assembly shall support	50
the needs-based financial aid program by such sums and in such	51
manner as it may provide, but the chancellor also may receive	52
funds from other sources to support the program. If, for any	53
academic year, the amounts available for support of the program	54
are inadequate to provide grants to all eligible students, the	55
chancellor shall do one of the following:	56

(a) Give preference in the payment of grants based upon	57
expected family contribution, beginning with the lowest expected	58
family contribution category and proceeding upward by category	59
to the highest expected family contribution category;	60

(b) Proportionately reduce the amount of each grant to be	61
awarded for the academic year under this section;	62

(c) Use an alternate formula for such grants that addresses	63
the shortage of available funds and has been submitted to and	64
approved by the controlling board.	65

(2) The needs-based financial aid grant shall be paid to the	66
eligible student through the institution in which the student is	67
enrolled, except that no needs-based financial aid grant shall be	68
paid to any person serving a term of imprisonment. Applications	69
for the grants shall be made as prescribed by the chancellor, and	70
such applications may be made in conjunction with and upon the	71
basis of information provided in conjunction with student	72
assistance programs funded by agencies of the United States	73
government or from financial resources of the institution of	74
higher education. The institution shall certify that the student	75
applicant meets the requirements set forth in division (B) of this	76
section. Needs-based financial aid grants shall be provided to	77
an eligible student only as long as the student is making	78
appropriate progress toward a nursing diploma or an associate	79
or bachelor's degree or, if the student is enrolled in a program	80
for which credit is not awarded, is meeting progress standards	81
adopted by the chancellor. No student shall be eligible to	82
receive a grant for more than ten semesters, fifteen quarters,	83
or the equivalent of five academic years. A grant made to an	84
eligible student on the basis of less than full-time enrollment	85
shall be based on the number of credit hours for which the	86
student is enrolled and shall be computed in accordance with a	87
formula adopted by rule issued by the chancellor. No student	88
shall receive more than one grant on the basis of less than	89
full-time enrollment.	90

(D)(1) Except as provided in division (D)(4) of this	91
section, no grant awarded under this section shall exceed the	92
total state cost of attendance.	93

(2) Subject to divisions (D)(1), (3), and (4) of this	94
section, the amount of a grant awarded to a student under this	95
section shall equal the student's remaining state cost of	96
attendance after the student's Pell grant and expected family	97
contribution are applied to the instructional and general charges	98
for the undergraduate program. However, for students enrolled in	99
a state university or college as defined in section 3345.12 of	100
the Revised Code or a university branch, the chancellor may	101
provide that the grant amount shall equal the student's	102
remaining instructional and general charges for the	103
undergraduate program after the student's Pell grant and expected	104
family contribution have been applied to those charges, but, in	105
no case, shall the grant amount for such a student exceed any	106
maximum that the chancellor may set by rule.	107

(3) For a student enrolled for a semester or quarter in	108
addition to the portion of the academic year covered by a grant	109
under this section, the maximum grant amount shall be a percentage	110
of the maximum specified in any table established in rules	111
adopted by the chancellor as provided in division (A) of this	112
section. The maximum grant for a fourth quarter shall be one-third	113
of the maximum amount so prescribed. The maximum grant for a	114
third semester shall be one-half of the maximum amount so	115
prescribed.	116

(4) If a student is enrolled in a two-year institution of	117
higher education and is eligible for an education and training	118
voucher through the Ohio education and training voucher program	119
that receives federal funding under the John H. Chafee foster care	120
independence program, 42 U.S.C. 677, the amount of a grant awarded	121
under this section may exceed the total state cost of attendance	122
to additionally cover housing costs.	123

(E) No grant shall be made to any student in a course of	124
study in theology, religion, or other field of preparation for a	125
religious profession unless such course of study leads to an	126
accredited bachelor of arts, bachelor of science, associate of	127
arts, or associate of science degree.	128

(F)(1) Except as provided in division (F)(2) of this section,	129
no grant shall be made to any student for enrollment during a	130
fiscal year in an institution with a cohort default rate	131
determined by the United States secretary of education pursuant	132
to the "Higher Education Amendments of 1986," 100 Stat. 1278,	133
1408, 20 U.S.C.A. 1085, as amended, as of the fifteenth day of	134
June preceding the fiscal year, equal to or greater than thirty	135
per cent for each of the preceding two fiscal years.	136

(2) Division (F)(1) of this section does not apply in the	137
case of either of the following:	138

(a) The institution pursuant to federal law appeals its	139
loss of eligibility for federal financial aid and the United	140
States secretary of education determines its cohort default rate	141
after recalculation is lower than the rate specified in division	142
(F)(1) of this section or the secretary determines due to	143
mitigating circumstances that the institution may continue to	144
participate in federal financial aid programs. The chancellor	145
shall adopt rules requiring any such appellant to provide	146
information to the chancellor regarding an appeal.	147

(b) Any student who has previously received a grant pursuant	148
to any provision of this section, including prior to the	149
section's amendment by Am. Sub. H.B. 1 of the 128th general	150
assembly, effective July 17, 2009, and who meets all other	151
eligibility requirements of this section.	152

(3) The chancellor shall adopt rules for the notification of	153
all institutions whose students will be ineligible to participate	154
in the grant program pursuant to division (F)(1) of this	155
section.	156

(4) A student's attendance at any institution whose students	157
are ineligible for grants due to division (F)(1) of this section	158
shall not affect that student's eligibility to receive a grant	159
when enrolled in another institution.	160

(G) Institutions of higher education that enroll students	161
receiving needs-based financial aid grants under this section	162
shall report to the chancellor all students who have received	163
such needs-based financial aid grants but are no longer eligible	164
for all or part of those grants and shall refund any moneys due	165
the state within thirty days after the beginning of the quarter	166
or term immediately following the quarter or term in which the	167
student was no longer eligible to receive all or part of the	168
student's grant. There shall be an interest charge of one per	169
cent per month on all moneys due and payable after such	170
thirty-day period. The chancellor shall immediately notify the	171
office of budget and management and the legislative service	172
commission of all refunds so received.	173

Sec. 3333.164. The chancellor of the Ohio board of regents	174
shall establish policies and procedures for awarding credit for	175
career or technical certification programs offered by community	176
colleges and state community colleges and for applying that credit	177
toward an associate degree in a related field.	178

Sec. 3333.20.  (A) The chancellor of the Ohio board of	179
regents shall adopt educational service standards that shall apply	180
to all community colleges, university branches, technical	181
colleges, and state community colleges established under Chapters	182
3354., 3355., 3357., and 3358. of the Revised Code, respectively.	183
These standards shall provide for such institutions to offer or	184
demonstrate at least the following:	185

(1) An appropriate range of career or technical programs	186
designed to prepare individuals for employment in specific careers	187
at the technical or paraprofessional level;. The standards shall	188
require community colleges and state community colleges to award	189
credit for career or technical certification programs and to apply	190
that credit toward an associate degree in a related field in	191
accordance with the policies and procedures established under	192
section 3333.164 of the Revised Code.	193

(2) Commitment to an effective array of developmental	194
education services providing opportunities for academic skill	195
enhancement;	196

(3) Partnerships with industry, business, government, and	197
labor for the retraining of the workforce and the economic	198
development of the community;	199

(4) Noncredit continuing education opportunities;

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(5) College transfer programs or the initial two years of a	201
baccalaureate degree for students planning to transfer to	202
institutions offering baccalaureate programs;	203

(6) Linkages with high schools to ensure that graduates are	204
adequately prepared for post-secondary instruction;	205

(7) Student access provided according to a convenient	206
schedule and program quality provided at an affordable price;	207

(8) That student fees charged by any institution are as low	208
as possible, especially if the institution is being supported by a	209
local tax levy;	210

(9) A high level of community involvement in the	211
decision-making process in such critical areas as course delivery,	212
range of services, fees and budgets, and administrative personnel.	213

(B) The chancellor shall consult with representatives of	214
state-assisted colleges and universities, as defined in section	215
3333.041 of the Revised Code, in developing appropriate methods	216
for achieving or maintaining the standards adopted pursuant to	217
division (A) of this section.	218

(C) In considering institutions that are co-located, the	219
chancellor shall apply the standards to them in two manners:	220

(1) As a whole entity;

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(2) As separate entities, applying the standards separately	222
to each.	223

When distributing any state funds among institutions based on	224
the degree to which they meet the standards, the chancellor shall	225
provide to institutions that are co-located the higher amount	226
produced by the two judgments under divisions (C)(1) and (2) of	227
this section.	228

Section 2.  That existing sections 3333.122 and 3333.20 of	229
the Revised Code are hereby repealed.	230