Chapter 3333-1 General Provisions

(A) Organization

(1) The Ohio board of regents (OBR) shall organize for the conduct of business at the regular November meeting each year, or the next regular meeting if no regular meeting is held in November, by electing from its membership a chairman, vice chairman and secretary. The board may also elect additional officers from time to time, as are deemed necessary and appropriate, who may or may not be members of the board.

(2) The board of regents shall appoint a chancellor as its chief executive officer. The chancellor shall serve at the pleasure of the board. The duties of the chancellor shall be prescribed by resolution of the board. The chancellor shall appoint members of the administrative staff, to comply with section 3333.03 of the Revised Code.

(3) The headquarters of the board shall be located in Columbus, Ohio.

(B) Meetings

(1) Meetings of the Ohio board of regents shall be held on a regular basis with the board meeting at least four times annually and as the board may otherwise determine from time to time. Additional meetings may be fixed by action of the board or upon call by the chairman. Public notice of meetings shall be given in accordance with rule 3333-1-14 of the Administrative Code.

(2) Members shall be given at least one month’s advance notice of regular meetings.

(3) Meetings of the board may be held at any location in the state.

(4) Official business of the board shall be transacted only in meetings open to the public, except as executive sessions may be called for consideration of matters specified in division (G) of section 121.22 of the Revised Code.

(5) Members shall be given advance notice of the agenda of each meeting by the secretary or the chancellor.

(6) A majority of the entire membership of the board shall constitute a quorum, and official business shall be transacted only when a quorum is present.

(7) Except as otherwise provided by rule or other action of the board, all proceedings of the board shall be governed by parliamentary rules as set forth in “Robert’s Rules of Order.”

(C) Order of business

The order of business for regular meetings of the board shall be at the discretion of the chairman, but shall generally include the following:

(1) Call to order;

(2) Roll call;

(3) Certification of conformity with division (F) of section 121.22 of the Revised Code;

(4) Committee reports – including a summary of items agreed to by a majority vote of the committee, and items recommended for full board approval;

(5) Vote;

(6) Report of the chancellor;

(7) Consideration of new and amended administrative rules, distributions and releases of appropriated funds, certificates of authorization, new degrees and degree programs, controlling board requests, personnel actions, and other such items;

(8) Vote;

(9) Adjournment;

The order of business for special meetings shall be established by the chairman.

(D) Minutes

The board shall keep an official set of minutes of all official business transacted by the board. These minutes shall be authenticated by the chairman and secretary after approval by the board. Each member shall receive a copy of the minutes.

(E) Committees

(1) The board may authorize such standing or special committees as it may deem desirable from time to time. The chairman shall designate the members of such committees.

(2) The board may authorize the appointment of advisory committees from time to time. Such advisory committees will normally report to the board through the chancellor.

(F) Reports

The board shall also publish a master plan as required by law to be prepared by it, and may publish such other studies or reports from time to time as it may deem desirable. All published reports shall be made available to the governor and the general assembly, and to the general public via the OBR website.

(G) Compensation and expenses

(1) All members shall be reimbursed for necessary expenses incurred in the conduct of board business.

(2) The board shall adopt a budget annually in accordance with the state appropriations and other income received by the board. Said budget shall constitute authorization to the chancellor to incur obligations in accordance therewith.

(3) The compensation of all staff members who serve under the chancellor shall be determined by the chancellor.

(4) Staff members shall be paid travel expenses in accordance with the financial regulations of the state.

(5) All vouchers in payment of obligations of the board shall be signed by the chancellor or by the designated finance officer of the board.

(H) Amendment

These rules may be amended at any time by majority vote of the entire membership of the board.

Effective: 08/10/2006

R.C. 119.032 review dates: 05/10/2006 and 08/10/2011

Promulgated Under: 111.15

Statutory Authority: 3333.02, 3333.04

Rule Amplifies: 3333.02, 3333.04

Prior Effective Dates: 1-12-01

(A) Authority

This rule is adopted under authority conferred upon the Ohio board of regents by the General Appropriations Act as enacted by the general assembly of the state of Ohio.

(B) Definitions

As used in this rule:

(1) “Full-time-equivalent student” in all cases except medical programs means an enrollment unit determined by dividing total student credit units of course registration by fifteen for the autumn term, and by forty-five for the summer term of institutions on a quarter calendar and by thirty for the summer term of institutions of a semester calendar. In all cases, except for enrollments in special irregularly scheduled courses as defined below, enrollments shall be as of the end of business on the fourteenth calendar day after the first day of classes and shall reflect all withdrawals or changes of registration received in the registrar’s office or designated administrative office as of the end of business on that date and subsequently approved by that office. Enrollments in courses offered on a special irregular schedule may be included if student registration is completed by the end of business on the fourteenth calendar day of the summer term or the fall term even though instruction may be offered on a schedule different from the regular academic calendar. The special course under this provision must be scheduled to be completed prior to the start of the next regular academic term. Programs operated on a calendar which is different from the institutional calendar will be considered on an individual basis. Enrollments calculated for the autumn and summer period shall be added to each other to produce the total annual full-time-equivalent enrollment for a given institution. “Full-time-equivalent student in medical programs” means the autumn quarter headcount of students enrolled for the degrees doctor of medicine, doctor of osteopathy, doctor of veterinary medicine, doctor of dental surgery, doctor of optometry, and doctor of psychology, plus one-third of the summer headcount of students enrolled for such degrees. Recognizing minor variations in academic calendar planning, these procedures for determining full-time-equivalent student enrollment assume an academic year of thirty-three weeks including thirty weeks of regular course instruction, and a summer term equivalent of eleven weeks including ten weeks of regular course instruction.

(2) “Full-time-equivalent students – general studies” means an enrollment count based upon course credits of undergraduate enrollment by Ohio residents, Ohio residents studying abroad under a foreign exchange program authorized by section 3333.19 of the Revised Code, Ohio high school students authorized by Chapter 3365. of the Revised Code, and residents of contiguous states enrolled under a reciprocal contract authorized by section 3333.17 of the Revised Code at community colleges, technical colleges, and state community colleges in programs approved by the board of regents, at university branches approved by the board of regents, and on the central campus of state-assisted universities, except such enrollment as is defined as technical education enrollment, and baccalaureate enrollment. The course credits shall be those which are creditable toward an associate degree or baccalaureate degree except as provided for in paragraph (C)(2) of this rule. The course credits included for state-assisted universities on their central campus shall be those in courses identified as general studies courses.

General studies enrollment counts shall be classified as follows:

(a) Level I. At community colleges, the central campus of state universities, and in approved off-campus instruction programs conducted by community colleges and the central campus of state universities, course credits in the social and behavioral sciences, mathematics, business administration, computer science, education, home economics, and military science fields of study.

(b) Level II. At community colleges, the central campus of state universities, and in approved off-campus instruction programs conducted by community colleges and the central campus of state universities, course credits in the humanities, biological sciences, art, architecture, journalism, social work, library science, interdisciplinary, and general education fields of study, and all approved remedial education courses; and at university branches, technical colleges, state community colleges, and in approved off-campus instruction programs conducted by university branches, technical colleges, and state community colleges, all general studies level course credits.

(c) Level III. At community colleges, the central campus of state universities, and in approved off-campus instruction programs conducted by community colleges and the central campus of state universities, course credits in the physical sciences, physical education, engineering, drama and dance, and music fields of study.

(3) “Full-time-equivalent students – technical education” means an enrollment count based upon course credits of enrollment of all Ohio residents, Ohio residents studying abroad under a foreign exchange program authorized by section 3333.19 of the Revised Code, Ohio high school students authorized by Chapter 3365. of the Revised Code, and residents of contiguous states enrolled under a reciprocal contract authorized by section 3333.17 of the Revised Code in technical courses. Only such technical courses as are a part of an associate degree curriculum shall be identified as technical for purposes of this count. Only courses which fall within the “technical” portion of a curriculum as defined within rule 3333-1-04 of the Administrative Code, the board of regents’ standards for two-year associate degree technologies are to be identified as technical. Courses falling within the “basic” and “non-technical” categories within those standards will not be considered technical for purposes of this count.

Technical education enrollment counts shall be classified as follows:

(a) Level I. At university branches, technical colleges, community colleges, state community colleges, the central campus of state universities, and in approved off-campus instruction programs conducted by a two-year administrative unit, course credits in business technologies and public service technologies.

(b) Level III. At university branches, technical colleges, community colleges, state community colleges, the central campus of state universities, and in approved off-campus instruction programs conducted by a two-year administrative unit, course credits in health technologies, engineering technologies, and natural science technologies.

(4) “Full-time-equivalent students – baccalaureate” means an enrollment count based upon the course credits of enrollment of all Ohio residents, Ohio residents studying abroad under a foreign exchange program authorized by section 3333.19 of the Revised Code, Ohio high school students authorized by Chapter 3365. of the Revised Code, and residents of contiguous states enrolled under a reciprocal contract authorized by section 3333.17 of the Revised Code at community colleges, state community colleges, and university branches, in specialized courses within a college parallel curriculum; and on the central campus of state universities in specialized and advanced undergraduate courses which are creditable toward a baccalaureate degree. This enrollment count shall also include enrollment in junior and senior level service of off-campus instruction programs conducted by university central campuses.

Baccalaureate enrollment counts shall be classified as follows:

(a) Level I. At the central campus of state universities and in approved off-campus instruction programs conducted by university central campuses, course credits in the social and behavioral sciences, mathematics, business administration, computer science, education, home economics, military science, and physical education fields of study; and all course credits at community colleges, university branches, and state community colleges in advanced college parallel courses but not exceeding twenty per cent of non-technical enrollments.

(b) Level II. At the central campus of state universities and in approved off-campus instruction programs conducted by university central campuses, course credits in the humanities, art, architecture, agriculture, journalism, social work, library science, public administration, interdisciplinary, and general education fields of study, and medical service courses.

(c) Level III. At the central campus of state universities and in approved off-campus instruction programs conducted by university central campuses, course credits in the physical sciences, biological sciences, engineering, drama and dance, music, nursing, pharmacy, and allied medical fields of study.

(5) “Full-time-equivalent students – master’s and professional degree programs” means an enrollment count based upon university central campus enrollments in graduate courses of a student holding a baccalaureate degree, admitted to status as a graduate student, and not eligible to be counted as a doctoral degree student. This enrollment count includes enrollments in professional courses offered by a school or college of law toward the degree of juris doctor. This enrollment count shall also include enrollment in master’s level service of off-campus instruction programs conducted by university central campuses.

Master’s and professional enrollment counts shall be classified as follows:

(a) Level I. At the central campus of state universities and in approved off-campus instruction programs conducted by university central campuses, course credits in education, business administration, computer science, library science and law fields of study.

(b) Level II. At the central campus of state universities and in approved off-campus instruction programs conducted by university central campuses, course credits in the humanities, social and behavioral sciences, mathematics, physical education, home economics, architecture, art, journalism, interdisciplinary, general education, public administration, social work, music, drama and dance, nursing, medicine, dentistry, optometry, pharmacy, veterinary medicine, and allied medical fields of study.

(c) Level III. At the central campus of state universities and in approved off-campus programs of instruction conducted by university central campuses, course credits in the biological sciences, the physical sciences, agriculture, and engineering fields of study.

(6) “Full-time-equivalent students – doctoral degree programs” means an enrollment count based upon university central campus course enrollments in graduate courses of an approved doctoral degree program by students who have been admitted to status as a graduate student, and who have a master’s degree or have completed fifty-one or more course credits on a quarter calendar basis toward a graduate degree. No student course credit enrollment shall be included for any student who shall have already received two hundred sixty quarter credits beyond the baccalaureate, except that such limitation shall not apply to course credits earned toward a graduate professional degree or toward a medical degree.

Doctoral enrollment counts shall be classified as follows:

(a) Level I. At the central campus of state universities and in approved off-campus instruction programs conducted by university central campuses, course credits in the humanities, social and behavioral sciences, allied medical, architecture, business administration, computer science, education, home economics, journalism, physical education, public administration, social work, and interdisciplinary fields of study.

(b) Level II. At the central campus of state universities and in approved off-campus instruction programs conducted by university central campuses, course credits in biological sciences, the physical sciences, mathematics, agriculture, art, engineering, drama and dance, music, pharmacy, medicine, optometry, and veterinary medicine fields of study.

(7) “Full-time-equivalent student – medical programs” means a student who has been officially admitted to a school or college of medicine, of optometry, of dentistry, of veterinary medicine, or of professional psychology and who is pursuing course work toward the doctor of medicine, the doctor of optometry, the doctor of dental surgery, the doctor of veterinary medicine, the doctor of osteopathy, or the doctor of psychology degree. No four-year curriculum leading to the degrees D.D.S., D.V.M., O.D., D.O., M.D., or Psy.D. shall be eligible to be counted for state subsidy purposes beyond thirteen quarters of credited enrollment, or its equivalent. Repeating students may comprise up to five per cent of the total enrollment in the above medical programs.

Medical enrollment counts shall be classified as follows:

(a) Level I. At the Ohio state university, students enrolled in a school or college of dentistry, optometry, or veterinary medicine, and at the Wright state university, students enrolled in a school of professional psychology and pursuing the first professional degree.

(b) Level II. At the Ohio state university, the university of Cincinnati, the Ohio university, Wright state university, the medical college of Ohio at Toledo, and the northeastern Ohio universities college of medicine, students enrolled in the college of medicine and pursuing the first professional degree.

(C) Determination of enrollment

(1) Full-time student equivalent enrollment at each community college, technical college, state community college, university branch, off-campus location, and central campus of a state university shall be determined by the appropriate official in accordance with the definitions set forth above. For purposes of making enrollment determinations, a curricular basis of program management is assumed. A curricular basis requires that each course offering be evaluated in terms of its instructional objective and contribution to an approved degree program. The following program categories shall be used:

(a) General studies;

(b) Technical education;

(c) Baccalaureate;

(d) Master’s;

(e) Doctoral;

(f) Professional.

(2) Selected courses for remedial education in basic skills shall be included in the determination of full-time student equivalents upon prior approval of the board of regents. Enrollments in other remedial courses and special tutorial courses for which credit hours toward a degree are not awarded shall not be included in the determination of subsidy eligible full-time student equivalents, but shall be reported separately to the board of regents.

(3) Completed credits in courses of independent study through correspondence may be included in the determination of full-time student equivalents for Ohio residents at the Ohio university and in the fire and industrial safety technology program at the OMI college of applied science at the university of Cincinnati. Course credit enrollments for each academic term shall be considered in the determination of annual full-time equivalency according to procedures separately established by the board of regents.

(4) Enrollments in non-credit continuing education programs or post-degree programs of instruction shall not be included in the determination of subsidy-eligible full-time student equivalents, but shall be reported separately to the board of regents.

(5) Enrollments by students for audit purposes only (no credits to be awarded toward a degree) shall not be included in the determination of subsidy-eligible full-time student equivalents.

(6) Enrollment by students in courses offered under grants or contracts from the federal government or any other sponsor where the intent of the grant or contract is to compensate the college or university for the instructional cost of the students shall not be included in the determination of subsidy-eligible full-time student equivalents.

(7) Enrollments by students whose accounts have not been cleared by the finance office of the college or university shall not be included in the determination of subsidy-eligible full-time student equivalents, except as approved by the chancellor.

(8) The autumn term full-time equivalent enrollment at off-campus locations shall be adjusted to reflect major variations in the level of service planned for the winter and spring terms according to the “Off-Campus Instructional Plan Annual Annex” submitted by the institution and approved by the Ohio board of regents.

(9) Enrollments in selected off-campus courses provided via the television medium may be included in the determination of full-time student equivalents upon prior approval of the board of regents.

(10) Enrollments by male students who have failed to meet selective service registration requirements set forth in section 3345.32 of the Revised Code and rule 3333-1-19 of the Administrative Code, and who do not qualify for exemption of the registration requirement shall not be included in the determination of subsidy-eligible full-time student equivalents.

(D) Ohio residents

In determining whether or not an enrolled student is an Ohio resident for purposes of the appropriation subsidy, each state-assisted institution shall adhere to the provisions of rule 3333-1-10 of the Administrative Code.

(E) Enrollment records and other reports

(1) In accordance with the provisions of law, including, but not limited to, sections 3333.04 and 3333.07 of the Revised Code, requiring each institution to submit such information as is necessary in order to determine the appropriate subsidy payments, each institution shall prepare and submit an “Off-Campus Instructional Plan” including an “Annual Annex,” “Academic Enrollment Reports,” and “Inventories of Instructional Courses” which accurately reflect enrollments during the enrollment periods reported and the specific location of the instructional offering, for determining full-time-equivalent enrollments.

(2) Each institution shall submit such additional enrollment and physical facilities reports to the chancellor of the Ohio board of regents as the chancellor may determine to be necessary in order to advise the board about the calculation of appropriate subsidy payments.

(3) The staff of the Ohio board of regents will conduct a periodic audit of “Academic Enrollment Reports” and “Inventories of Instructional Courses.” The audit will include a complete review of the enrollment activity in special irregularly scheduled courses. Errors in reporting as determined on a sampling basis may be used to calculate the proper full-time-equivalent enrollment of the institution as a whole for a particular enrollment period, and the revised enrollment resulting therefrom may be used to determine the appropriate subsidy payment. If the incidence of errors as determined on a sampling basis exceeds five per cent, the board of regents may request the institution to have a complete enrollment audit conducted at the institution’s expense by a certified public accountant. Final determination of the subsidy payment shall depend upon results of such audit.

(F) Calculation and disbursement of subsidy payments

(1) The Ohio board of regents will calculate the appropriate subsidy payments to each institution upon the basis of the enrollment reports submitted by each institution and upon the basis of the rates specified in the General Appropriations Act.

(2) The Ohio board of regents will arrange the disbursement of subsidy payments in accordance with the provisions of the General Appropriations Act.

(G) Designation of residence credit centers

For the purpose of this rule, residence credit centers for subsidy purposes are hereby designated to be established at the branch campuses of all state universities and additionally at Shawnee state university for Ohio university.

(H) At Bowling Green state university, Kent state university, Miami university, the Ohio state university, and Ohio university, baccalaureate and graduate degree courses offered to part-time commuting students on a late afternoon and evening basis (after five p.m.) shall be excluded from the determination of full-time-equivalent enrollment subject to the enrollment limitations set forth in section 3345.19 of the Revised Code.

In the determination of the total subsidy to be paid to an institution listed in section 3345.19 of the Revised Code, which sets forth enrollment limitations for the autumn term, the board of regents will consider the total student credit hours of all students enrolled on the main campus divided by fifteen to be the full-time-equivalent enrollment identified by section 3345.19 of the Revised Code with the following exceptions:

(1) Late afternoon and evening part-time enrollments identified in this rule; and

(2) For the Ohio state university enrollments generated within courses taught by the professional departments and schools of agriculture and the medical complex, including allied medical, nursing, dentistry, medicine, optometry, and veterinary medicine.

Each institution whose enrollments are in excess of statutory ceilings shall submit an annual plan to the board of regents indicating what actions will be necessary to be in compliance with section 3345.19 of the Revised Code, including, but not limited to, freshman admissions, other newly admitted students, transfer/retention/attrition patterns, etc. When it is determined that the enrollment of an institution exceeds the limit, the board of regents shall make a determination of subsidy entitlement based on the magnitude of the over-enrollment, the impact on various subsidy levels of such over-enrollment including cumulative effects of persistent over-enrollment, and other items appropriate to the plan above, and shall deduct from state subsidy entitlement such enrollments as are required to approximate total entitlement consistent with the statutory limitation.

R.C. 119.032 review dates: 07/19/2005 and 07/19/2010

Promulgated Under: 119.03

Statutory Authority: 3333.

Rule Amplifies: 3333.21 to 3333.25

Prior Effective Dates: 7/28/77, 6/3/78, 11/2/78, 5/3/79, 5/3/81, 2/27/84, 3/26/87, 6/15/92

(A) Authority

This rule is established by authority conferred upon the Ohio board of regents in the appropriation and reappropriation acts for capital improvements adopted by the general assembly as well as sections 3345.50 and 3345.51 of the Revised Code.

(B) Policy

The Ohio board of regents will recommend to the office of budget and management and controlling board the release of capital appropriations if it finds that:

(1) The use of funds requested for release corresponds substantially to the use of funds described in a program plan which has been submitted to and approved by the chancellor of the board of regents; and

(2) The institution stipulates that its request for release of funds meets the pertinent provisions of law, rules, regulations, and procedures which govern the implementation of capital improvements projects.

(3) Where the improvement is locally administered, the institution is executing the authority for local administration of the project in accordance with either OAC 3333-1-24 or OAC 3333-1-28.

(C) Program plan

As a condition precedent to recommending the release of capital appropriations, a program plan for the project must be submitted to and approved by the chancellor, except when a bona fide emergency condition arises which makes the submission of a program plan impractical.

(1) The form and content of a program plan shall be established by the chancellor; the form and content may vary, depending upon the relative complexity of a particular project.

(2) Once a program plan has been approved, any significant modifications proposed must be submitted to and approved by the chancellor.

(3) The following criteria, when applicable to a project, shall be used to evaluate a program plan:

(a) Expenditures must be for capital improvements.

(b) The project scope must meet the intent and purpose of the appropriation.

(c) The location and positioning of the project should be in accord with a campus master plan or, in the absence of a master plan, should harmonize with the existing campus environment.

(d) The size, capacity and arrangement of the project should meet projected enrollment and programmatic needs.

(e) Project design should provide maximum flexibility to meet future facility requirements.

(f) Project design should give priority to development or renovation which yields the maximum amount of usable or net assignable space and a minimum amount of unusable or nonassignable space.

(g) Project design must be such that the project can and will be completed, including necessary equipment and furnishings, and ready for full occupancy without exceeding appropriated funds; should the project budget exceed appropriated funds, the institution must either supplement funding from its own resources or revise the scale or scope of the project to bring the budget into balance with appropriated funding. Project design should take into account the potential need to eliminate or defer project elements by establishing alternate construction packages which may be accepted or rejected, based on budgetary constraints. If a program plan is approved containing elements which could lead to costs exceeding appropriated funds, such approval shall not imply that any additional state funding, either through transfers from other appropriations or from future appropriations, is or will be supported by the Ohio board of regents.

(h) Design must give priority to meeting applicable building and safety codes.

(i) Design should seek ways to minimize increases in operating costs or, if possible, reduce operating costs.

(j) Design should maximize energy efficiency to provide for energy resource conservation.

(k) If not already accessible, renovated and new facilities should meet the requirements of the Americans with Disabilities Act.

(D) Compliance with law, rules, regulations, procedures

The Ohio board of regents, as a condition precedent to recommending the release of capital appropriations, will monitor institutional requests for funding releases to determine whether it appears that the institution has substantially met requirements of laws, rules and regulations related to the administration of a capital facilities project. Such monitoring will be performed primarily to see that necessary steps have been taken which can facilitate and expedite action by the director of budget and management and the controlling board in releasing the requested funds. Should it appear that provisions of a law or rule may not have been met, the Ohio board of regents will advise the institution. In addition, the Ohio board of regents shall monitor the applicable projects in accordance with the provisions of OAC 3333-1-30 pursuant to section 3345.51(D) of the Revised Code.

Monitoring will include, but not be limited to, applicable provisions of the capital appropriations or reappropriations acts and the Ohio Revised Code, and rules or procedures pertaining to capital improvements projects established by the Ohio public financing commission, controlling board, office of budget and management, and the department of administrative services, general services division.

(E) Capital projects – facilities not owned by state or institution

Prior to recommending release of capital funds to institutions for facilities which, because of their unique nature or location, will be owned or will be part of facilities owned by a separate nonprofit organization or public body, the institution shall submit and the board of regents shall approve a joint use agreement which shall include provisions that:

(1) Specify the extent and nature of the space to which the institution is to be granted rights for use in its educational programs and the terms and conditions governing such use.

(2) Specify that the term of the agreement shall be for at least fifteen years.

(3) Provide for reimbursement to the state should the institution’s right to use the facility be terminated by the nonprofit organization or public body prior to the expiration of the fifteen-year term, which reimbursement shall be calculated by dividing the funds contributed by the state of Ohio by fifteen and multiplying that sum by fifteen less the number of full years the facility is utilized by the institution.

(4) Provide that the nonprofit organization or public body comply with all pertinent federal, state and local laws as well as state administrative regulations.

(5) Specify that funds shall be used only for capital improvements as defined in the bill appropriating such funds.

(6) Identify the facility to be constructed, renovated or improved.

(7) Identify the ownership of the facility or the basic terms of the leasehold by the nonprofit corporation or public body.

(8) Specify that the nonprofit corporation or public body shall hold the institution harmless from all liability for the construction, operation and maintenance costs of the facility.

(9) Require the nonprofit corporation or public body to follow competitive bidding procedures which include, as a minimum, publishing advertisements to seek bids, receiving sealed bids, and awarding contracts to the lowest responsive and responsible bidders.

(10) Provide for reimbursement to the institution for administrative costs incurred as a result of the project, which sum shall equal one and one-half per cent of the appropriated amount.

(11) Provide that amendments to the agreement shall require approval by the Ohio board of regents.

Effective: 06/11/2007

R.C. 119.032 review dates: 06/08/2006 and 06/11/2012

Promulgated Under: 119.03

Statutory Authority: 3333.04

Rule Amplifies: 3345.50, 3345.51

Prior Effective Dates: 10/13/75, 6/3/78, 5/3/79, 5/7/82, 2/2/85, 12/30/88

(A) Authority

This rule is adopted under authority conferred upon the Ohio board of regents by section 3333.04 of the Revised Code.

(B) Definitions

The definitions developed by the Ohio board of regents to implement its legal charge are as follows:

(1) A “new degree” is any new appropriate recognition or award for completion of a prescribed degree program in a state-assisted institution of higher education designated by the customary titles of associate, bachelor, master, specialist, or doctor.

(2) A “new degree program” is any prescribed program of study in a state-assisted institution of higher education which constitutes an area of concentration or specialization leading to a designated degree.

(3) The two-year associate degrees which are authorized to be awarded by public institutions are defined as follows:

(a) The “associate of arts” and the “associate of science” are degrees awarded for successful completion of a planned program of study which is generally equivalent to the first two years of a baccalaureate degree program.

Baccalaureate programs in many disciplines require specific lower division coursework which must be completed in the freshman and sophomore years if the associate of arts degree is to signify a halfway point in the progression toward the baccalaureate degree. The above is in no way intended to relieve the student of the responsibility for completing the programmatic prerequisites and requirements of the baccalaureate program which he intends to follow at a particular four-year institution.

(b) The “associate of applied business” and the “associate of applied science” are degrees which are awarded for the successful completion of a planned program of instruction in a technology, the primary objective of which is the preparation of individuals for paid or unpaid employment in that technology, or for additional preparation for a career requiring other than a baccalaureate or advanced degree. Degree programs offered as technical education include two-year curricula in engineering and industrial technologies, business technologies, agricultural and natural resource technologies, health technologies, and public service technologies. The board of regents will develop and approve a standard taxonomy for all technical education offerings which should be used by all campuses in the titles of degree programs, and shall be contained in the Ohio board of regents’ two-year campus operating manual.

(c) The “associate of technical study” is a degree awarded for successful completion of an individually planned technical education program designed to respond to a student’s need for specialized technical education not currently available on a particular campus either through cooperative arrangements with public, private, or proprietary postsecondary institutions, vocational centers, or other educational enterprises, or through an intra-institutional, interdisciplinary combination of courses offered by the awarding institution.

(d) The “associate of individualized study” is a degree awarded for the successful completion of an individually planned degree program designed by a student with the assistance of a designated faculty advisor, generally containing an area of concentration formed either by an interdisciplinary combination of courses offered by the awarding institution, or through credits awarded by the awarding institution for educational experiences judged by the institution to be of college level.

(e) The “associate of labor studies” is a degree awarded for the successful completion of a program with a major emphasis in studies relating to the leadership of labor unions, designed to provide a broader understanding and perspective of economic, social, and political problems of our society and the role which labor unions and workers should play in it, and to equip members of labor organizations with skills needed to exercise their union and civic responsibilities.

(C) General standards for the approval of associate degree programs.

(1) Full-time faculty members and administrative personnel should be provided in numbers which will assure:

(a) Familiarity and identification with the goals of the field of concentration.

(b) The continuity of the program.

(c) Continuing interchange of ideas and experience within the faculty.

(d) Adequate attention to the needs of individual students in the program.

(2) A minimum of sixty per cent of the curriculum should be taught by faculty members who devote full time to the teaching and administrative responsibilities of the two-year campus.

(3) Persons holding top leadership responsibilities at the department level should hold either a master’s degree, or a bachelor’s degree with other advanced preparation, and have experience in the appropriate field of concentration.

(4) Faculty members whose assignments are primarily in the technical areas should evidence competency based upon:

(a) Formal education appropriate to the specialization, usually including the bachelor’s or master’s degrees or their equivalent as demonstrated by expertise, licensure, or certification; and

(b) Practical experience other than teaching in the appropriate specialization, as demonstrated by full-time employment for approximately five years in the career area, or a related field; and

(c) Evidence of professional development in the field of concentration as demonstrated by activity in professional associations, consultative practice, participation in seminars, workshops, and formal course work, and individual reading and research.

(5) Faculty members whose assignments are primarily in the teaching of the general studies curriculum should generally hold a master’s degree in the subject matter discipline, and should also show evidence of professional development as indicated in section (C)(4)(c) of this rule.

(6) For approval by the Ohio board of regents, associate degree programs must contain a minimum of ninety quarter credits or sixty semester credits and should not exceed a maximum of one hundred ten quarter credits or seventy-three semester credits, exclusive of physical education. Exceptions may be granted where licensing procedures require additional hours.

(a) The academic quarter should be of eleven weeks duration with not less than ten weeks devoted to instruction.

(b) The academic semester should be of sixteen weeks duration with not less than fifteen weeks devoted to instruction.

(c) Academic credit awarded for successful completion of courses should be expressed in conventional quarter or semester credit hours.

(d) Associate degree programs should not exceed seven quarters (four semesters) of full-time study.

(e) Institutions desiring to deviate from these standards, because of unique educational programs, should obtain the concurrence of the vice chancellor for two-year campuses.

(7) Procedures for seeking approval of the Ohio board of regents to initiate a new degree or degree program are contained in the Ohio board of regents’ two-year campus operating manual.

(D) Standards for approval of the associate of arts and the associate of science degrees.

(1) These degrees are awarded for the satisfactory completion of a minimum of ninety quarter credit hours of course enrollment (or equivalent semester hours).

(2) For maximum transferability to four-year institutions, the ninety credits should include as general education at least nine quarter credits in English composition and literature, fifteen quarter credits in the humanities, fifteen quarter credits in the social and behavioral sciences and fifteen quarter credits in the natural sciences (physical and biological) and/or mathematics (or equivalent semester credit hours).

(3) The associate of arts and the associate of science degrees may be authorized to be offered by community colleges, branch campuses of state universities, state community colleges, and by state universities offering a planned program leading to this degree for students who enroll in a unit of the university which serves the two-year mission.

(E) Standards for approval of the associate of applied business and associate of applied science degrees.

(1) Associate degree programs offered as technical education should provide as a minimum:

(a) Forty-five quarter credits or thirty semester credits of technical studies in courses clearly identifiable with the technical skills, proficiency, and knowledge required for career competency. Most courses classified as technical should include laboratory experience. Generally, technical courses should be distributed more or less evenly among the six or seven quarters of the degree program.

(b) Twenty-one quarter credits or fourteen semester credits in basic related studies. These courses should be carefully selected to serve as a base to the technical field and should be closely related to the technical specialty.

(c) Twenty-one quarter credits or fourteen semester credits of general or non-technical studies. These courses should include oral communication, written communication, social studies, and humanities. The general studies requirement may be a standard institutional requirement for all technical programs offered by the institution.

(2) To assure that the college’s technical educational programs remain relevant to the needs of the community, each two-year campus will maintain an advisory committee for each technical program offered.

(3) These degrees may be authorized to be offered by community colleges, branch campuses of state universities, technical colleges, and state community colleges in business, health, engineering and industrial, agricultural and natural resource, and public service technologies, and may — in particular circumstances of community need where duplication of existing programs will not occur — be authorized to be offered by main campuses of state universities.

(F) Standards for approval of the associate of technical study degree.

(1) This degree is awarded for the satisfactory completion of a minimum of ninety quarter credit hours in an individually-planned technical education program, which contains an area of concentration formed either by:

(a) An intra-institutional, interdisciplinary, but coherent combination of courses drawn from two or more technical programs offered by the awarding institution, designed to serve an occupational objective; or by

(b) Credits awarded by the institution for courses completed or training received by a student at other postsecondary institutions, vocational centers, and/or other educational enterprises judged by the institution to be of college level.

(2) Prior to completion of sixty quarter credit hours, each degree candidate must complete an associate of technical study application form outlining his or her intended area of concentration and designating course areas for further study to accommodate this plan. Each student’s individual curriculum must meet the minimum requirements of forty-five quarter credit hours in technical studies, twenty-one quarter credit hours in basic foundation courses and twenty-one quarter credit hours in general studies.

(3) Following approval of the application, each candidate will be required to complete no less than thirty quarter credit hours of coursework under the supervision of the institution granting the degree.

(4) A maximum of forty-five quarter credit hours can be recognized by the degree-granting institution for coursework completed in other public, private, or proprietary postsecondary institutions, vocational centers, and schools conducted by business and industry, prior to the declaration of candidacy for this degree.

(5) The degree awarded must contain the name of the student’s area of concentration.

(6) This degree may be authorized to be offered by universities, community colleges, university branches, technical colleges/institutes, state community colleges, and urban centers of state universities. In the communities having both a technical college and a university branch on the same campus, the associate of technical study degree may be authorized to be awarded by only the technical college.

(G) Standards for approval of the associate of individualized study degree.

(1) This degree is awarded for the satisfactory completion of a minimum of ninety quarter credit hours in an individually-planned educational program. The curriculum is to be designed largely by the student with the assistance of a designated faculty advisor, and should contain an area of concentration which is formed either by:

(a) An intra-institutional, interdisciplinary, but coherent combination of courses drawn from the curriculum of the awarding institution; or by

(b) Up to sixty quarter credit hours (or equivalent semester hours) awarded by the institution for documentable educational experiences or courses completed at other postsecondary institutions, or educational enterprises judged by the institution to be of college level; or by

(c) An unusual but academically coherent combination of technical and general studies courses.

(2) Prior to completion of sixty quarter credit hours, each degree candidate must complete an associate of individualized study application form outlining his or her intended area of concentration and designating course areas for further study to culminate this plan. This requirement should provide assurance that students are not simply avoiding required courses.

(3) Following approval of the application, each candidate will be required to complete a minimum of thirty quarter credit hours (or equivalent semester hours) of coursework under the supervision of the institution granting the degree.

(4) This degree may be authorized to be offered by universities, community colleges, university branches, technical colleges/institutes, state community colleges, and urban centers of state universities. In the communities having both a technical college and a university branch on the same campus, the associate of individualized study degree must be offered cooperatively.

(H) Standards for approval of the associate of labor studies degree.

(1) This degree is awarded for the satisfactory completion of a minimum of ninety quarter credit hours in a program with a major emphasis in studies relating to the leadership of labor unions.

(2) Approval of these degrees will be restricted to a very small number of two-year campuses in the state, in locations where the need for such programs has been established in cooperation with statewide representatives of labor organizations.

(I) Standards for approval of one-plus-one technical programs.

The Ohio board of regents accepts the premise that because of limited employment opportunities in some regions and the high cost of technical laboratories, not all technical programs can be delivered on every two-year campus. Some students desiring specialized technical programs will have to attend a campus away from their home area. Some two-year campuses, through cooperative planning, have developed a one-plus-one program wherein the first year of a two-year technical degree is offered by several campuses with students transferring to other two-year campuses at the end of the first year.

(1) The first half of a one-plus-one sequence should contain not less than forty-five and not more than fifty-five quarter credit hours (or equivalent semester hours), and generally refers to a program which a full-time student can complete in one year. Part-time students will spend a longer period of time completing these academic requirements.

(2) Technical courses should comprise approximately fifty per cent of the first year curriculum.

(3) The first year of the program should provide students with a specific employment possibility.

(4) One-plus-one programs will be approved only for a group of campuses geographically related which have made arrangements guaranteeing that one of these colleges will admit students at the second year level with no loss of credit for courses completed successfully the first year.

(J) Program review.

Unless otherwise stipulated at the time a program is approved, all technical degree programs are approved for a period not exceeding five years. The staff of the board of regents will conduct periodic reviews of all approved technical programs following procedures outlined in the Ohio board of regents’ two-year campus operating manual. Programs will be reviewed to assure continued adherence to the above standards, and to determine whether the board of regents should recommend to the state-assisted institutions the elimination of certain programs which constitute unnecessary duplication, are no longer needed in a particular area, or should be eliminated for other good and sufficient cause.

R.C. 119.032 review dates: 07/19/2005 and 07/19/2010

Promulgated Under: 111.15

Statutory Authority: 3333.04

Rule Amplifies: n/a

Prior Effective Dates: 11/16/79

(A) AUTHORITY

Under the terms of Section 3333.04, the Ohio Board of Regents is authorized to:

“(N) Approve or disapprove all new degrees and new degree programs at all state colleges, universities, and other state-assisted institutions of higher education;”

(B) DEFINITIONS

(1) A “new degree” means any new recognition or award for completion of a prescribed course of study in an institution of higher education evidenced by a diploma or certificate and designated by the customary form of Bachelor’s, Master’s, or Doctoral degree, other than a doctoral degree for graduate study beyond the baccalaureate, but including such degrees as Doctor of Medicine, Doctor of Dental Surgery, and Doctor of Jurisprudence.

(2) A “new degree program” means any prescribed course of study in an institution of higher education which constitutes an area of specialization or concentration leading to a recognized degree which was not in effect as of September 20, 1963, and which has not previously been approved by the Ohio Board of Regents.

(3) A “state-assisted institution of higher education” means any college or university receiving an appropriation subsidy for current operation of its instructional activity from an appropriation bill duly enacted into law by the State of Ohio.

(C) PROCEDURE FOR CONSIDERATION

(1) Any state-assisted institution of higher education desiring to introduce a new degree or new degree program shall discuss such plan with the staff of the Ohio Board of Regents. Such discussions should be undertaken approximately six months prior to formal application. A preliminary document should be prepared and indicate the reasons for the new degree or new degree program, an estimate of the number of students expected to enroll, and the availability of other such programs within a thirty-mile radius. The Board of Regents’ staff will make available to the college or university such information as they may have to assist in better evaluating this preliminary planning for a new degree or new degree program.

The new degree or new degree program shall be presented to the Ohio Board of Regents for approval or disapproval after all required internal clearances or approvals have been provided, including approval by the Board of Trustees or Board of Directors of the institution.

(2) The proposal for a new degree or new degree program shall be presented to the Chancellor of the Ohio Board of Regents in ten (10) copies. The proposal will provide the necessary information as outlined below.

(3) The proposal will be reviewed by the staff of the Board of Regents. If it is deemed desirable to do so, the Chancellor may refer the request to an advisory committee of the Board for evaluation in terms of need and in terms of standards of desired performance. Or the proposal may be referred by the Chancellor to a consultant for evaluation in terms of need and in terms of standards of desired performance.

(4) The Chancellor shall present a recommendation to the Board for approval or disapproval of each proposed new degree or each proposed new degree program received by the Board. The interested institution shall be given an opportunity to present a statement of position on the matter at the same time.

(5) The Ohio Board of Regents will vote approval or disapproval of each new degree request or each new degree program request at an official and regularly scheduled meeting of the Board.

(D) INFORMATION NEEDED

Each proposal for a new degree or new degree program shall provide the following information:

(1) Designation of the new degree or new degree program, with a brief description of its purpose.

(2) Description of proposed curriculum.

(3) Administrative arrangements for program: department and school or college involved.

(4) Evidence of need for new degree or new degree program.

(5) Prospective enrollment.

(6) Faculty and facilities available for program and their adequacy.

(7) Needs for additional facilities and staff and plans for meeting these needs.

(8) Projected financial needs to support program and adequacy of expected subsidy and other income to meet these needs.

(9) Information about use of consultants or advisory committees in development of degree proposal or degree program proposal, with copies of reports from such consultants or advisory committees.

R.C. 119.032 review dates: 07/19/2005 and 07/19/2010

Promulgated Under: 111.15

Statutory Authority: 3333.04

Rule Amplifies: n/a

Prior Effective Dates: 11/16/79

(A) Authority

This rule is adopted pursuant to the requirement of section 119.03(A)(3), Ohio Revised Code.

(B) Procedure

When the Ohio Board of Regents is required by Chapter 119 of the Ohio Revised Code to conduct a public hearing prior to adopting a rule, amendment, or rescission, or revision thereof, the Board of Regents shall give public notice in the register of Ohio of its intention to consider adopting, amending, or rescinding such rule or rules. The content of such public notice shall conform to the requirements of section 119.03 of the Revised Code. The Board of Regents may give additional notice as the agency deems necessary; however, the giving of such notice shall not be mandatory and failure to give notice by any means other than in the register of Ohio shall not in any way invalidate any action which may be taken by the Board of Regents.

Effective: 04/17/2006

R.C. 119.032 review dates: 01/20/2006 and 04/17/2011

Promulgated Under: 119.03

Statutory Authority: 119.03

Rule Amplifies: 119.03

Prior Effective Dates: 5/1/1975

(A) Authority

Under the terms of section 3333.04 of the Revised Code, the Ohio board of regents is authorized to:

“(N) Approve or disapprove all new degrees and new degree programs at all state colleges, universities, and other state-assisted institutions of higher education;”

(B) Definitions

(1) A “new doctoral degree” means any degree designation bearing the words “Doctor of Philosophy,” “Doctor of Education,” or “doctor” of other specialized field of professional education whose course and other requirements are based upon the prerequisite that the candidate already holds the baccalaureate, with the exception of the degrees Doctor of Medicine, Doctor of Dental Surgery, Doctor of Veterinary Medicine, Doctor of Optometry, and Doctor of Jurisprudence.

(2) A “new doctoral degree program” means any proposed course of study to result in award of a doctoral degree as defined above which was not offered by a state-assisted university as of September 20, 1963, and which has not previously been approved by formal action of the Ohio board of regents.

(3) A “state-assisted institution of higher education” means any university receiving an appropriation subsidy for current operation of its instructional activity from an appropriation bill duly enacted into law by the state of Ohio.

(C) General procedure for consideration

(1) The approval or disapproval of new doctoral degrees or new doctoral degree programs is a matter of particular importance to the state of Ohio and must necessarily be considered with special care.

(2) New doctoral degree programs submitted by state-assisted universities shall be planned and coordinated in terms of needs which cannot otherwise be met by existing doctoral degree programs.

(3) In planning and coordinating the development of new doctoral degree programs, the board of regents will be assisted by an advisory committee on graduate study to consist of one representative designated by the president of each state-assisted university and a representative of Case western reserve university and the university of Dayton, also designated by the presidents of those institutions.

(4) It is expected that new doctoral degree programs will be planned and developed over a period of time. It is desirable that the board of regents and the advisory committee on graduate study be informed and involved in such planning and development.

(D) Criteria for approval of new degree programs

(1) Doctoral degree programs are undertaken in the academic disciplines (humanities, social sciences, biological sciences, physical sciences, and mathematics) and in professional fields of study (business administration, teacher education, engineering, agricultural sciences, nursing, etc.) for two major purposes: (a) to prepare persons as teacher-scholars for staffing the instructional, research, and public service activities of colleges and universities; and (b) to prepare persons as professional practitioners for staffing the most exacting professional positions in private practice, business, government, and other agencies. The objectives to be achieved by a new doctoral degree program should be carefully specified.

(2) Doctoral degree students may be enrolled full time or part time. The enrollment objectives of a new doctoral degree program should be carefully specified.

(3) New doctoral degree programs have historically been needed for the following reasons:

(a) To meet a shortage of highly educated talent available to staff higher education programs and other professional positions.

(b) To augment existing programs at other institutions which are overcrowded or otherwise overburdened with doctoral degree students.

(c) To introduce new fields of study for which teacher-scholars or professional practitioners may be needed in the future.

(d) To provide opportunities for advanced scholarly and professional study which may not otherwise be available in a particular geographical area, especially a metropolitan area of five hundred thousand or more population.

The institution must make clear the purposes for which the program is proposed.

(4) In order to undertake a doctoral degree program, a state-assisted university must be able to demonstrate the following resources and circumstances:

(a) A qualified faculty group with appropriate breadth and depth of scholarly specialization and research experience.

(b) Necessary specialized facilities in library and laboratory resources.

(c) Reasonable prospect of enrolling a minimum number of qualified students.

(d) Availability of fellowship assistance or employment opportunities for doctoral degree students.

(E) Approval of doctoral degree programs for planning purposes

(1) At an appropriate time, a state-assisted university may formally submit to the Ohio board of regents a proposed new doctoral degree program for approval for planning purposes. Such a doctoral degree program proposal shall be submitted in fifteen copies.

(2) The doctoral degree program proposal shall provide the following information:

(a) The general nature of the proposed program, objectives to be accomplished, and the reasons why introduction of the program is desirable.

(b) The need for the program.

(c) The resources available or anticipated for operation of the program.

(d) Planned enrollment, desired student characteristics, and enrollment prospects.

(e) A description of the proposed curriculum.

(f) Organizational arrangements for operation of the program.

(g) Planned budget for first five years of program.

(3) It is anticipated that in evaluating new doctoral degree programs the Ohio board of regents will give special attention to evidence of local need for a program, to arrangements for interinstitutional cooperation in the conduct of a program, and to the innovative aspects of a program.

(4) Upon receipt of a new doctoral degree program proposal, the proposal will be distributed to the advisory committee on graduate study for review, comment, and recommended action. The chancellor may on his own volition or upon recommendation of the advisory committee retain the services of a consultant to review a new doctoral degree program proposal.

(5) The chancellor will submit his own recommendation and that of the advisory committee on graduate study to the board of regents for decision.

(F) University development

(1) When a state-assisted university has received approval for planning purposes of a proposed new doctoral degree program, the university will be expected to proceed with the execution of the plans for development of the program. The university will be expected to work closely with consultants from the appropriate accrediting body and with such other consultants as it may retain.

(2) It is also expected that the university will keep the advisory committee on graduate study and the chancellor informed on a regular six months’ basis of progress in development of the new program.

(G) Approval of new doctoral programs

(1) When a state-assisted university believes that it has completed the necessary planning preparations to begin a new doctoral degree program, a proposal for approval of the program will be submitted to the Ohio board of regents. The proposal will be submitted in fifteen copies. The proposal for approval should include the following information:

(a) The nature and objectives of the program.

(b) The current assessment of need for the program.

(c) The current status of available resources in personnel and facilities for the program.

(d) The prospective enrollment of the program.

(e) The financial resources needed, including prospective subsidy per full-time equivalent student, and other needs over and above such subsidy.

(f) Status of arrangements for accreditation of the program.

(2) The proposal for approval of a new degree program will be referred to the advisory committee on graduate study for review. A recommendation of appropriate action on the proposal will be submitted by the chancellor to the board of regents.

(3) When the board of regents gives formal approval to a new doctoral degree program, the university may proceed to implement the program plans and to seek appropriate accreditation. Approval of a program may be contingent upon receipt of preliminary accreditation.

(4) The chancellor will incorporate the financial requirements of new degree programs in the budget appropriation requests submitted to the governor and general assembly. Final action in offering new doctoral degree programs may be contingent upon appropriation of the necessary funds for support of the programs.

(H) Effective date

The procedure established by this rule shall become effective as of July 1, 1977, and shall be applicable to all new doctoral degree programs pending as of that date or submitted thereafter.

R.C. 119.032 review dates: 07/19/2005 and 07/19/2010

Promulgated Under: 111.15

Statutory Authority: 3333.04

Rule Amplifies: 3333.04

Prior Effective Dates: 7/3/69, 7/1/77

(A) Preamble

(1) The standards established herein for the award of academic degrees and the conduct of instruction creditable toward such degrees rest upon the fundamental conviction of the board of regents that teaching and scholarship are the basic building blocks of that learning which academic degrees attest. Accordingly, instruction leading to degree award necessarily requires an institutional setting which fosters both teaching and scholarship and in which faculty, financial, physical plant, and academic support resources are available in adequate measure to assure continuous nurture of both components of activity.

(2) The standards established herein further rest upon the fundamental conviction of the board of regents that the intellectual development and learning achievements of students to which academic degrees give testimony warrant and require the undivided dedication of institutions seeking identity as degree-granting colleges or universities. Accordingly, institutions seeking authority to award academic degrees or to conduct instruction creditable toward such degrees shall exist for the principal purposes of teaching and scholarship and shall be so organized and governed as to pursue freely such purposes.

(B) General standards

(1) Certificates of Authorization shall be issued by the Ohio board of regents to a non-profit university, college, academy, school, or other institution, incorporated or unincorporated, which offers instruction in one or more fields such as technical education, the arts and sciences, teacher education, business administration, engineering, philosophy, literature, fine arts, law, medicine, nursing, social work, theology, and other recognized academic and professional fields of study where there is the intention to award for successful completion of the equivalent of four semesters or six quarters of full-time study the associate degree in applied science, applied business, or in the arts, or credits applicable toward such degree; where there is the intention to award for successful completion of the equivalent of not less than eight semesters or twelve quarters of full-time study the baccalaureate degree of appropriate designation, or credits applicable toward such degree; where there is the intention to award for successful completion of the equivalent of not less than two semesters or three quarters of full-time study beyond the baccalaureate, the master’s degree or appropriate designation of a graduate-professional degree, or credits applicable toward such degrees; and where there is the intention to award for successful completion of the equivalent of not less than six semesters or nine quarters of full-time study and research beyond the baccalaureate, the doctor of philosophy or other doctoral degree, or credits applicable toward such degrees.

(2) Applications for a Certificate of Authorization shall be submitted to the chancellor of the Ohio board of regents in accordance with forms or an outline of specifications as prepared by him. The application shall include a sworn statement of authenticity and truthfulness signed by the appropriate officer of the institution or educational corporation.

(3) If the applicant is an educational corporation, the applicant shall provide the Ohio board of regents with an authenticated copy of its articles of incorporation as filed in the office of the secretary of state of Ohio. The applicant shall provide a list of the names and addresses of the current board of trustees and of the principal administrative officers, such as president or director, vice presidents, deans, and business manager.

(4) If the applicant is an unincorporated institution, the applicant shall provide the Ohio board of regents with the by-laws or other evidence of the operating rules of the institution and with the names and addresses of the principal officials of the institution.

(5) The applicant shall certify that the incorporated or unincorporated institution represents an organization established for the principal purposes of teaching and scholarship and that the institution is not, through its stated purposes, its financial resources, the make-up of its governing board or administrative staff, or otherwise, effectively subservient to any organization or group of persons principally dedicated to purposes other than teaching and scholarship. This provision shall not prohibit the support of degree programs by duly constituted religious bodies otherwise meeting the standards set out herein.

(6) The application shall clearly indicate the name of the institution or educational corporation and the designation of the degree or degrees which the applicant proposes to offer. The name of the institution shall clearly indicate the nature of the academic program offered, such as:

(a) Institute or college for a program of not less than the equivalent of four semesters or six quarters of course instruction and for award of the associate degree.

(b) College for a program of not less than the equivalent of eight semesters or twelve quarters of course instruction and for award of the baccalaureate in arts and sciences and in not more than two professional fields of study.

(c) University for a program of not less than the equivalent of eight semesters or twelve quarters of course instruction and for award of a baccalaureate in arts and sciences and in three or more professional fields of study, for a program of not less than the equivalent of two semesters or three quarters of course instruction and for award of the master’s degree, for a program of not less than the equivalent of four semesters or six quarters of course instruction and for award of the doctor’s degree, and for a program of not less than the equivalent of four semesters or six quarters of course instruction and for award of a graduate-professional degree.

(d) School, college, or seminary for a program of not less than four semesters or six quarters of course instruction and for award of a graduate-professional degree.

(7) As a general practice, it will be the intention of the board of regents to list on the face of Certificates of Authorization all degree titles authorized to be awarded.

(a) Authorization will ordinarily be granted for the general use of such undergraduate degrees as the associate of arts, bachelor of arts, and bachelor of science for a full range of individual programs of instruction commonly recognized by award of these general degrees. Individual approval of fields of specialization within such general degrees will ordinarily not be required. However, such approval of general degrees will not constitute authorization of technical education and professional programs of instruction for which an institution may seek to award special degrees descriptive of individual fields of specialization, such as the associate of applied business in data processing, associate of applied science in respiratory therapy, bachelor of music, bachelor of science in nursing, bachelor of fine arts, and so forth. Resources adequate for the support of such specialized degrees shall be demonstrated separately by applicant institutions and will be separately listed on the face of Certificates of Authorization. In contrast to these procedures, all degree proposals at the masters and doctoral levels, whether resulting in award of the general degrees master of arts, master of science, or doctor of philosophy in particular fields of specialization or of professional degrees such as the master of business administration, master of social work, master of fine arts, doctor of education or the doctor of business administration must be authorized and will be listed separately in the issuance of Certificates of Authorization.

(b) In all cases, however, the board of regents may in its own judgment determine that award of general degrees should be limited to specific areas of instruction in accordance with demonstrated institutional resources. In such cases, limitations will be noted on the face of Certificates of Authorization issued. Institutions seeking broader authority in the use of general degrees subsequently may apply for that authority by demonstrating the development of appropriate resources to support additional fields of instruction.

(c) Notwithstanding the provisions of items (B)(7)(a) and (b), above, all individual programs of instruction currently operating on the effective date of this rule leading to award of previously approved general degrees of institutions holding Certificates of Authorization shall be considered to have been approved for these purposes.

(d) Institutions holding Certificates of Authorization and seeking additional degrees, may submit abbreviated application materials responding appropriately to sections (B)(6), (8), (9), and the several standards within section (B)(10), as those items relate to the additional degrees proposed to be awarded.

(8) In order to be considered for the Certificate of Authorization an applicant shall indicate that a period of academic planning has preceded the filing of said application, that educational consultants with appropriate educational qualifications have been retained in the development and evaluation of academic plans, and that applicant has consulted with the North Central Association of Colleges and Secondary Schools and where appropriate with the professional accrediting agency appropriate to the fields of study to be offered.

(9) In order to be considered for the Certificate of Authorization an applicant shall indicate its intention to qualify for regional and where appropriate professional accreditation within a reasonable period of time, not more than six years after the proposed date of initial instruction, and shall offer evidence of its current status as regards accreditation and of its efforts, plans, and timetables for achieving final accreditation. An applicant already possessing such accreditation shall be deemed to have met this requirement. This requirement may be waived in the instance of a seminary of theology where an appropriate professional accrediting organization is not in existence.

(10) In order to be considered for the Certificate of Authorization an applicant shall offer evidence of academic, fiscal, and other qualifications to support instruction and scholarship in accordance with the following minimum standards of current operating endeavor:

(a) Purposes of the institution

The educational mission of the institution must be clearly stated, including the types of instructional programs likely to be undertaken, the need for such service perceived by the sponsors, the clientele intended to be served, such uniqueness of programming or educational philosophy as may be inherent in the proposed degree programs, and the educational and administrative procedures according to which instructional services will be available to students.

Implementing procedures:

(i) The sponsoring institution shall submit a copy of its general catalogue as a part of its application materials.

(ii) The sponsoring institution is urged to submit as a part of its application materials a copy of such self-study materials as may have been prepared for accreditation agencies from which approval has been sought or received.

(b) Academic control

The design, conduct and evaluation of all instructional activities must be carried out within carefully outlined faculty and administrative control procedures, and clear provision must have been made for assuring a high level of academic performance of faculty and students.

Implementing procedures:

(i) The sponsoring institution must describe the role of faculty members in the design, conduct and evaluation of instructional activities.

(ii) The sponsoring institution must describe the provisions which have been made and which are operative for control of:

(a ) Recruitment and counseling of students

(b ) Admission of students to courses and to the institution’s degree programs

(c ) Course content and the conduct of instruction

(d ) Evaluation of student performance

(e ) Academic recordkeeping

(f ) Appointment and evaluation of faculty

(c) Curriculum

The curriculum in whole and in its parts shall contain the essential components peculiar to the discipline it represents, as generally accepted by scholars in that discipline, and the courses taken together shall lead to a coherent and recognizable program goal.

Implementing procedures:

(i) The institution must demonstrate the relationship of each course offering to the degree programs for which it is creditable.

(ii) The institution must demonstrate that individual courses are clearly recognizable as appropriate to the level of education which they support (associate degree, baccalaureate, master’s level, etc.).

(iii) The institution must offer evidence that a reasonable prospect exists that credits will be accepted for transfer by other well-established institutions of higher education wherever such transfer would ordinarily occur within generally prevailing practice.

(iv) The institution must furnish to the board of regents a copy of its most recent bulletin describing academic programs and the content of individual courses of instruction.

(d) Faculty

Faculty persons must be fully competent to undertake the level of instruction to which assigned and shall possess academic preparation and experience, including professional practice, appropriate to the fields of knowledge taught. Faculty persons shall be available in numbers sufficient and individually shall dedicate portions of their professional energies appropriate to the level of instruction undertaken, to assure sufficient curricular oversight and student evaluation, and to sustain an on-going body of scholarship appropriate to the teaching services rendered.

Implementing procedures:

(i) The institution must demonstrate that the academic preparation and scholarly and professional practice experience of faculty members are appropriate to the fields of knowledge within which each faculty member teaches.

(ii) The institution must demonstrate that its standards of faculty preparation are appropriate to the level of instruction to which individual members are assigned (generally a doctoral degree or its equivalent for graduate-level teaching, a master’s degree or its equivalent for undergraduate teaching, a baccalaureate or its equivalent plus professional experience for technical education teaching, etc.).

(iii) The institution must demonstrate that faculty members have appropriate experience in teaching at the level of education to which they are assigned, and that they are engaged through scholarly and professional activities in a continuing refreshment of their academic competence.

(iv) The institution must demonstrate the presence of full-time faculty persons sufficient to cover the various fields of study encompassed within the proposed curricula, to assure an on-going dedication to scholarship underlying the instructional program, and to assure a collective faculty responsibility for continuing curricular review and assessment of overall student progress.

(v) The institution must demonstrate the adequacy of procedures by which the colleagueship of full- and part-time faculty members is assured in the sustaining of scholarship underlying the curricular program, in continuing curricular review, and in the assessment of overall student progress.

(vi) In regard to undergraduate degree offerings an instructional staff shall be provided in a ratio of not more than thirty full-time equivalent students to one full-time equivalent faculty member.

(e) Supporting services

Supporting resources and academic services shall be adequate to assuring a suitable learning environment for students and a stable institutional setting capable of continued satisfactory service to students.

Implementing procedures:

(i) The institution must demonstrate dependable sources and amounts of income adequate to fulfilling the planned purposes of the proposed degree programs over time, making possible the avoidance of undue reliance upon contributed services, and shall provide to the board of regents a general plan of expenditures capable within the confines of available income of conducting all programs on a full cost basis during a three year operational period.

(ii) The institution must provide physical plant resources adequate for classroom, laboratory, library, administrative, and student service programs appropriate to the conduct of all proposed degree instruction and scholarship.

(iii) The institution must demonstrate that satisfactory support in the form of library resources, laboratory and clinical experiences, and instructional supplies and equipment is at hand sufficient to sustain all degree programs. Arrangements shall be made for a library to provide not less than 5,000 volumes for a two-year program of study, of not less than 15,000 volumes for a four-year program of study, and of such size and quality as required by graduate programs of study.

(iv) The institution must demonstrate that satisfactory provision has been made for guidance and counseling services for students, for evaluation of student performance, for continuous monitoring of the progress of students toward their degree goals, and for appropriate academic recordkeeping.

(f) General operations

All institutional operations must be conducted in a manner consistent with high standards of ethical business practice.

(g) Accreditation

Evidence must be presented to the board of regents, and from time to time be updated, concerning the accreditation status of the institution.

(h) Visitation examination

Each institution seeking certification may be examined by representatives of the board of regents for the purpose of assessing the institution’s fulfillment of these standards. The sponsoring institution must bear the reasonable costs of such visitation for the purpose of examining its programming. Wherever practicable, the board of regents will attempt to rely upon reports and site examinations made by regional accrediting associations to avoid duplicative and burdensome review processes.

(11) In addition to meeting the above standards, institutions whose instructional activities will encompass substantial components of teaching at locations removed from their permanent campuses, including major reliance on clinical and work-study experience or reliance upon nontraditional learning methods and environments removed from their permanent campuses, shall provide such services in accordance with standards set out in section (C) below.

(12) In the event that a newly established institution is unable during a developmental period to meet a particular standard or other requirement set out herein or in section (C), the board of regents, upon request of the institution, may in its own judgment waive such requirement for certification, subject to agreement upon a specific time schedule for full compliance with such standard. In the event that an applicant perceives that some uniqueness of program design or purpose makes inappropriate a particular standard or other requirement set out herein or in section (C), the applicant may offer supplementary testimony concerning such contention, and the board of regents may in its own judgment waive such requirement if it determines that the essential purpose of the requirement has been met.

(13) In order to be considered for a Certificate of Authorization, an applicant shall agree, upon request of the board of regents, to submit an annual report each year within a reasonable length of time after June 30 indicating the extent of continued compliance with the standards set out herein and in section (C).

(14) In order to be considered for a Certificate of Authorization, an applicant shall agree to permit a representative of the Ohio board of regents to inspect the records of the institution or educational corporation to verify the data provided in the annual report.

(15) The Ohio board of regents reserves the right to institute proceedings for the revocation or modification of a Certificate of Authorization under one of the two following conditions:

(a) Failure of an institution or educational corporation to maintain the minimum standards specified in paragraph (B)(10) above, and, if applicable, section (C), below.

(b) Failure of an institution or educational corporation to obtain and retain regional accreditation and where appropriate accreditation by an appropriate professional accrediting agency within six years of initial offering of instruction or within three years after suspension or withdrawal of such accreditation.

(16) Upon determination by the Ohio board of regents that an applicant institution is entitled to a Certificate of Authorization, an appropriate certificate attesting this action by the board shall be issued to the applicant institution by the chancellor and a copy of said certificate shall be filed with the secretary of state of the state of Ohio.

(17) An institution of higher education receiving a Certificate of Authorization shall be entitled in its catalogue and other official publications to state: “Certificate of Authorization received from Ohio Board of Regents.”

(C) Standards for off-campus instructional activity

(1) In establishing instructional programs at locations removed from their permanent campuses, including major reliance on clinical and work-study experiences or reliance upon nontraditional learning methods and environments removed from their permanent campuses, colleges and universities properly should assume responsibility for added efforts to assure a high quality of educational experience for students served. Moving as they may do outside of long-established and home-campus based procedures for quality review and control, and in the absence at this point in time of specific accreditation review for off-campus activities, each sponsoring college and university must be prepared to bear the burden of demonstrating that sound quality control procedures are in effect. It is purpose of these standards to describe a pattern for such demonstration for use by colleges and universities seeking to sponsor off-campus instructional activities in Ohio.

(2) As used in these standards, “permanent campus” or “central campus” refers to the principal on-going physical campus traditionally recognized in American higher education as the permanent seat of an institution’s instructional program, including its substantial and varied staffs and supporting resources, and from which off-campus instruction is most often extended. Institutions which utilize geographically dispersed arrangements for teaching and learning and which have no clearly identifiable permanent campus must bear the added burden of demonstrating that the stability of academic control, of continuing validation of credits awarded, and of supporting resources ordinarily associated with a permanent campus are somehow assured through its less traditional arrangements.

(3) In seeking a Certificate of Authorization in which off-campus instruction will constitute an important mode of operation, the applicant college or university must offer general testimony that each standard established below has been and will continue to be met. Upon request of the board of regents an applicant college or university shall offer further evidence satisfactory to the board in response to the implementing procedures or such other procedures which may appropriately relate to compliance with the board’s standards.

(a) Purposes of off-campus activity

It must be clear that the overriding purpose of the off-campus instructional activity is to carry out an educational mission of the sponsoring college or university. Secondary or incidental purposes such as the generation of income beyond expenses incurred and the fostering of improved public relations must not predominate as purposes for off-campus programming.

Implementing procedures:

(i) The sponsoring institution must offer evidence that off-campus instruction in general is clearly related to the educational goals and objectives of the institution as they existed when the most recent accreditation review was made, or that established procedures for modification of such goals have been followed and that accreditation review has been sought.

(ii) The sponsoring institution must demonstrate the clear relationship of individual off-campus instructional offerings to the larger educational goals and objectives of the institution.

(b) Academic control

The design, conduct, and evaluation of all off-campus instructional activities must be under the direct and continuous control of the sponsoring institution’s established process for academic planning and quality maintenance.

Implementing procedures:

(i) The sponsoring institution must offer evidence that the off-campus programming operates in a clear and effective way under the continuous academic control of the central institution.

(ii) The sponsoring institution must clearly define the relationship of off-campus coordinators, supervisors, and administrative personnel, to the central academic control processes.

(iii) The sponsoring institution must clearly define the provisions which have been made and which are operative for control of off-campus activities involving:

(a ) Recruitment and counseling of students

(b ) Admission of students to courses and to the sponsoring institution’s degree programs

(c ) Course content and the conduct of instruction

(d ) Evaluation of student performance

(e ) Academic recordkeeping

(f ) Appointment and evaluation of faculty

(c) Curriculum

All off-campus teaching and the credits awarded in such instructional activity must bear a clear relationship to the degree programs of the sponsoring institution.

Implementing procedures:

(i) The sponsoring institution must demonstrate the relationship of each off-campus course offering to the degree programs for which it is creditable.

(ii) The sponsoring institution must demonstrate that well-developed course syllabi and instructional guides have been developed and reviewed by established academic control authorities.

(iii) The sponsoring institution must demonstrate that appropriate procedures have been developed and are operative for student examination and evaluation, and that systematic monitoring is conducted to protect the integrity of the grading process.

(iv) The sponsoring institution must demonstrate that an effective process is operative to validate the equivalency of off-campus instruction to the instruction conducted on the central campus.

(v) The sponsoring institution must offer evidence that course enrollments off-campus require a level of sophistication on the part of students consistent with the level of education undertaken.

(vi) The sponsoring institution must offer evidence that appropriate exit criteria have been established for determining successful completion of course work and degree programs organized off-campus.

(vii) The sponsoring institution must offer evidence that a reasonable prospect exists that credits earned in off-campus instructional programs will be accepted for transfer by other well-established institutions of higher education.

(d) Faculty

Faculty persons assigned to off-campus instruction must be fully competent to undertake the level of instruction offered and must be selected and evaluated according to standards compatible with central campus instructional expectations.

Implementing procedures:

(i) The sponsoring institution must demonstrate that off-campus faculty members are recruited and their credentials reviewed in a manner consistent with central campus academic controls.

(ii) The sponsoring institution must demonstrate that the standards of faculty preparation required of off-campus instructors are comparable to those enforced on the central campus.

(iii) The sponsoring institution must demonstrate arrangements which have been made for assuring productive relationships between on-campus and off-campus faculty persons, consistent with their need to strive for comparable results within the degree programs for which they are responsible.

(e) Supporting services

Special efforts must be made to assure that an adequate array of supporting services is at hand and operable to support a high quality of off-campus instruction.

Implementing procedures:

(i) Student services

The sponsoring institution must demonstrate that on-going provision has been made for guidance and counseling services for students, for assuring student participation sufficient to promote success on the part of individual students, and for continuous monitoring of the progress of students toward their degree goals.

(ii) Library and laboratories

The sponsoring institution must demonstrate that satisfactory support in the form of library resources, laboratory and clinical experiences, instructional supplies and equipment and classroom facilities is at hand sufficient to sustain the off-campus instructional program.

(f) General operations

The offering of off-campus programming must be carried out in a manner consistent with high standards of ethical business practice.

Implementing procedures:

(i) The sponsoring institution must offer evidence that clear statements about the institution itself and its proposed services are available to all students, including a clear statement of the extent of commitment to continuing service.

(ii) The sponsoring institution must demonstrate and maintain a policy of clear and truthful advertising about its services.

(iii) The sponsoring institution must demonstrate a clear, well-publicized, and reasonable policy of tuition charges and refunds.

(iv) The sponsoring institution must demonstrate consistently high standards of business ethics in all of its relations with students and the general public.

(g) Accreditation

It must be clear that the sponsoring institution has sought and achieved appropriate accreditation for its central campus programming and that it has sought such accreditation as may be available to it for the specific off-campus programming sought to be offered. All institutions are urged to seek and to secure full accreditation from appropriate regional and where appropriate professional accrediting associations within whose jurisdiction they fall before commencing off-campus services in Ohio. Institutions headquartered in states other than Ohio must receive such degree approvals or licenses as may be required by their home states prior to commencing services in Ohio.

Implementing procedures:

(i) The sponsoring institution must provide evidence of its current status so far as institutional accreditation and pertinent professional accreditation is concerned.

(ii) The sponsoring institution must provide evidence of its current accreditation status so far as its off-campus activities are concerned, including a report of its current efforts to achieve such accreditation.

(iii) The sponsoring institution must provide evidence of all required certifications by the state department of education for its programs in teacher education, including a status report of off-campus programming within such general approvals as have been received for central campus programs.

(iv) Institutions headquartered in states other than Ohio must provide evidence that they have secured all degree approvals and licenses required by their home states.

(h) Visitation examination

Each institution conducting off-campus instruction may be examined by a panel of visitors representing the board of regents for the purpose of assessing the institution’s fulfillment of these standards. Wherever practicable, the board of regents will attempt to rely upon the reports and site examinations made by regional accrediting associations to avoid duplicative and burdensome review processes.

Implementing procedures:

(i) The sponsoring institution must make appropriate preparation for such visitation as may be proposed by the Ohio board of regents, responding to specific requests from the chairman of the panel of visitors.

(ii) The sponsoring institution must bear the reasonable costs of such visitation for the purpose of examining its off-campus programming.

(i) Contracts with cooperating institutions and students

Wherever off-campus offerings involve cooperating public or private institutions, educational or otherwise, and wherever off-campus offerings involve well-identified pilot student groups, it is the sponsoring college or university’s responsibility to assure that all parties understand their rights and obligations within the off-campus program of instruction.

Implementing procedures:

(i) The sponsoring institution must assure that clear agreements exist with cooperating institutions and that the appropriate responsible officers of those institutions have entered into the agreements.

(ii) The sponsoring institution must demonstrate that clear understanding exists with cooperating institutions so far as services to be rendered and the cooperating institutions’ obligations of support are concerned. Clear agreement must exist on sharing of costs, availability of facilities, schedules of student charges, period and renewal of the agreement, etc.

(iii) The sponsoring institution must demonstrate that in all such agreements with cooperating institutions, clear academic control is retained by the credit-granting institution.

(iv) The sponsoring institution must demonstrate the extent of its commitment for continuing service to students and cooperating institutions, and must offer evidence of its notification to students of the extent of such continuing commitment.

HISTORY: Replaces rule 3333-1-08; Eff (Amended) 6-1-75; 4-28-77

Rule promulgated under: RC 111.15

Rule amplifies: RC 1713.03

(A) Authority

This rule is adopted under authority conferred upon the Ohio board of regents by section 3333.12 of the Revised Code.

(B) Ohio resident

Each eligible participating institution shall determine the residency status of students for “Ohio Instructional Grant” purposes in accordance with rule 3333-1-10 of the Administrative Code. Institutions of higher education participating in the “Ohio Instructional Grant” program shall provide individual students with a fair and adequate opportunity to present proof of their Ohio residency for purposes of this rule. Such institutions may require the submission of affidavits and other documentary evidence which it may deem necessary to a full and complete determination under this rule.

(C) Full-time student

A “full-time student” is one who is enrolled in a degree-granting curriculum at a participating institution for not less than twelve credit hours per semester, quarter, or term.

(D) Appropriate progress

In working toward an associate degree, bachelor’s degree or nursing diploma, the student must maintain a grade point average or other standards of achievement considered by the institutions as satisfactory progress toward receipt of the degree or diploma sought by the student. A student placed on academic probation and attending classes as prescribed by the institution on a full-time basis shall be considered to be making appropriate progress.

(E) Instructional charges

Such charges include the tuition fee of an Ohio or eligible Pennsylvania privately sponsored college or university or diploma school of nursing, the instructional fee and general fee of an Ohio or Pennsylvania state-assisted college or university, and any fee of an Ohio or eligible Pennsylvania privately sponsored college or university or school of nursing comparable in purpose to the general fee of a state-assisted institution. The “Ohio Instructional Grant” may be used to pay the instructional charges of an Ohio or eligible Pennsylvania institution when a student is engaged in study outside the Ohio or eligible Pennsylvania institution provided that the outside courses are in integral part of the academic program of the Ohio or eligible Pennsylvania institution at which the student is pursuing the academic degree.

(F) Eligible institutions

(1) An “eligible institution” is: (a) an accredited Ohio or Pennsylvania public-assisted institution of higher education; or (b) an accredited Ohio privately sponsored non-profit institution of higher education having a “Certificate of Authorization” issued by the Ohio board of regents and a Pennsylvania privately sponsored non-profit institution of higher education which is comparably authorized by the state of Pennsylvania; or (c) an accredited diploma school of nursing having a “Certificate of Authorization” issued by the board of regents and a Pennsylvania diploma school of nursing comparably approved by the state of Pennsylvania; or (d) an accredited proprietary school that has received a “Certificate of Registration” and program authorization from the state board of proprietary school registration to award an associate degree or has a “Certificate of Authorization” issued by the Ohio board of regents to award a bachelor’s degree and is eligible to participate in Title IV federal student aid programs and comparable Pennsylvania schools approved by the state of Pennsylvania.

(2) In order to be considered as an eligible institution for “Ohio Instructional Grant” purposes, the institution must seek and secure accreditation from appropriate regional, and where appropriate, professional accrediting associations within whose jurisdiction they fall. All institutions, if requested by the board of regents, must provide evidence of their current status so far as institutional accreditation and professional accreditation is concerned. “Approved accrediting associations” are those recognized by the “Council on Postsecondary Accreditation” and includes the accrediting commission of the “Association of Independent Colleges and Schools.”

(G) Supportive economic unit

For “Ohio Instructional Grant” purposes, the “supportive economic unit” is any person or entity, other than the applicant’s spouse, that has contributed materially to the economic support of the applicant during any part of the calendar year which immediately precedes the year in which the grant application is filed or that has or will contribute materially to the economic support of the applicant during the year in which the grant application is filed or the year immediately following the year in which the grant application is filed.

(H) Gross income

(1) As used to determine the eligibility of dependent applicants for the “Ohio Instructional Grant,” “gross income” shall be defined as the adjusted gross income of the parents, student and student’s spouse as reported on federal income tax return, “Form 1040,” which is filed for the calendar year which immediately precedes the year in which the grant application is filed or the “Short Form 1040A” which is filed for the calendar year which immediately precedes the year in which the grant application is filed, minus the summer earnings of the student applicant, plus all nontaxable income received in the calendar year which immediately precedes the year in which the grant application is filed. Nontaxable income includes, but is not limit to, unemployment benefits, retirement benefits, veterans’ benefits, welfare benefits, social security benefits, and all nontaxable income from government bonds, nontaxable annuities and nontaxable capital gains. If no “Form 1040” or “Form 1040A” is filed for the year which immediately precedes the year in which the grant application is filed, the parents, student and student’s spouse shall report total gross earnings for the year which immediately precedes the year in which the grant application is filed. Income earned by dependent students in the federal college work study program during terms enrolled shall not be considered. If reported gross income is zero dollars, minus or below minimum weighted welfare standards, the board shall determine gross income by means of a supplemental financial report on which the parents will report total maintenance and support costs for the base year. The total base year living expenses shall be translated into gross income for “Ohio Instructional Grant” purposes.

(2) As used to determine the eligibility of independent applicants for the “Ohio Instructional Grant,” “gross income” shall be defined as the adjusted gross income of the student and student”s spouse as reported on the federal income tax return, “Form 1040,” which is filed for the calendar year which immediately precedes the year in which the grant application is filed or the “Short Form 1040A” which is filed for the calendar year which immediately precedes the year in which the grant application is filed plus all nontaxable income received in the calendar year which immediately precedes the year in which the grant application is filed. Nontaxable income includes, but is not limited to, unemployment benefits, retirement benefits, veterans’ benefits, welfare benefits, social security benefits, and all other nontaxable income from government bonds, nontaxable annuities and nontaxable capital gains plus any other financial resources available to the applicant for room, board and personal expenses in the calendar year which immediately precedes the year in which the grant application is filed. If no “Form 1040” or “Form 1040A” is filed for the calendar year which immediately precedes the year in which the grant application is filed, the student and student’s spouse shall report total gross earnings for the year which immediately precedes the year in which the grant application is filed. If reported gross income is zero dollars, minus or below minimum weighted welfare standards, the board shall determine gross income by means of a supplemental financial report on which the applicant (and spouse) will report total maintenance and support costs for the base year. The total base year living expenses shall be translated into gross income for “Ohio Instructional Grant” purposes.

(I) Eligibility

To be eligible for an “Ohio Instructional Grant,” a student must:

(1) Be a resident of the state of Ohio.

(2) Be enrolled as a full-time student in an eligible Ohio or Pennsylvania institution of higher education or less than a full-time student in the final term of enrollment prior to receiving a degree. Eligibility as less than a full-time student is restricted to one term.

(3) Make appropriate progress toward an eligible associate degree, bachelor’s degree, or nursing diploma.

(4) Not be enrolled in a course of study leading to a degree in religion or theology, or other field of preparation for a religious profession, unless such course of study leads to an accredited bachelor of arts, bachelor of science or associate of arts degree.

(5) If incarcerated in a penal institution, the applicant must be eligible for parole within five years of making application for the grant.

(J) Influence of other awards

If a student receives other awards, loans or scholarships which are nonadjustable and meet the total instructional and general fees of the institution, and cannot be applied to other educational costs, the student is not eligible to receive an “Ohio Instructional Grant.” If other awards, loans or scholarships are nonadjustable and must be used to cover some part of the student’s instructional and general fees, the “Ohio Instructional Grant” shall be reduced accordingly.

(K) Priority basis in awarding grants

If funds should not be available to make awards to all eligible applicants, preference shall be given in terms of income beginning with the lowest category of gross income and proceeding upward by category to the highest gross income category.

(L) Deadline dates

(1) All applications must be postmarked to the Ohio board of regents on or before the last Friday in September of each year. All applicants should apply before this deadline, including those who do not intend to enroll for the entire academic year. Applications postmarked after the last Friday in September of each year but before Friday of the last week of November of each year may be considered for partial awards only, based upon the the availability of funds.

(2) Students shall be notified of their eligibility no later than sixty days after their applications have been received by the Ohio board of regents. If a student does not receive notice within sixty days, he or she should contact the Ohio board of regents.

(M) Transferring a grant

(1) A student who has received an instructional grant may transfer the grant from one participating institution to another. To transfer a grant, the student should obtain a transfer or “Remaining Funds Request Form” from the financial aid office of a participating institution. Upon completion, the request form is to be forwarded to the Ohio board of regents by the student no later than fifteen days before the end of the quarter, term or semester which precedes the quarter, term or semester in which the transfer will take place.

(2) If a student transfers from a public institution to a private institution, the grant amount may be increased provided that sufficient funds are available. If the student transfers from a private institution to a public institution, the grant amount shall be reduced in accordance with the table of grants. Students should be counseled as to the possible effects of transferring an “Ohio Instructional Grant.”

(N) Refunds

If a student withdraws or becomes ineligible during the period of enrollment, the institution shall refund to the Ohio board of regents the established prorated amounts as determined by the board. The refund shall not exceed the prorated amount of the grant awarded to the student.

(O) Duration of grants

A student is not eligible for an “Ohio Instructional Grant” for more than ten semesters of undergraduate education, or the equivalent in quarters or terms. An applicant must reapply yearly to renew a grant.

(P) Payment of instructional grants

The student enrolled in a participating institution shall agree to permit the Ohio board of regents, on the student’s behalf, to make payment of the grant to the institution. The remittance shall be made payable to the institution in which the student is enrolled. If the student is eligible to receive a grant payment as less than a full-time student, the payment shall be reduced on the basis of the credit hours enrolled as a per cent of the twelve credit hours required for full-time status.

(Q) Application of grant

(1) The institution shall apply the grant awarded to the student to the instructional and general fees of the institution. The grant shall be distributed in equal proportions for each semester or quarter or term during the academic year beginning in September and ending in June. The grant shall be proportionately distributed by thirds in the case of quarters or terms and by halves in the case of semesters.

(2) Students enrolled during the summer term shall have their grants applied proportionately by thirds in the case of quarters or terms and halves in the case of semesters with the summer term amount being applied retroactively.

(R) Family status

(1) “Ohio Instructional Grants” shall be awarded upon the basis of family income; that is, the income of the student and his or her supportive economic unit. The objective of the program is to provide a supplemental source of financial assistance to students from families with income below the prescribed maximum levels in the table of grants provided in the law. In this way, it will be possible to assist in eliminating the economic barrier which may have discouraged promising students in planning to seek a higher education. Accordingly, the “Ohio Instructional Grant” program requires information about family income as a basis for determining the grant available under the law.

(2) It is the purpose of the “Ohio Instructional Grant” program to encourage parents to assume the financial responsibility for the student’s undergraduate education. It is not the purpose of the “Ohio Instructional Grant” program to encourage students to separate themselves financially from their families for the purpose of higher education enrollment.

(3) If a student has been a part of any other supportive economic unit contributing materially to his or her support in the calendar year which immediately precedes the year in which the grant application is filed, such student shall be considered a member of such unit for the purpose of determining “Ohio Instructional Grant” eligibility for the academic year.

(4) In order to qualify for consideration as a separate family unit, i.e., an independent student, the student must meet the following conditions:

(a) The student must not have received any financial support from any other supportive economic unit, other than the applicant’s spouse, during the calendar year which immediately precedes the year in which the grant application is filed or receive support during the calendar year in which the grant application is filed or the calendar year which immediately follows the year in which the grant application is filed.

(b) The student must not have resided with any other supportive economic unit, other than the applicant’s spouse, during the calendar year which immediately precedes the year in which the grant application is filed and must not reside with such supportive economic unit during the calendar year in which the grant application is filed or the calendar year which immediately follows the year in which the grant application is filed.

(c) The student must not have been claimed as a tax exemption by any other supportive economic unit, other than the applicant’s spouse, for the calendar year which immediately precedes the year in which the grant application is filed and must not be claimed as a tax exemption by any other supportive economic unit in the calendar year in which the grant application is filed or the calendar year which immediately follows the year in which the grant application is filed.

(d) The student must demonstrate financial means of self-support.

(5) Certification of the student’s support status shall be required by affidavits submitted by the student and student’s last supportive economic unit.

(6) Married applicants, applicants who are orphans without legal guardians, wards of the state or inmates of penal institutions may apply to the “Ohio Instructional Grant” program as independent students.

(S) Leave of absence

Students who have received grants, but for emergency or extraordinary reasons (as determined by the institution, not including academic reasons) must leave the institution for a particular quarter or term during the academic year, may be considered for the application of their grant to the remaining quarter or term during the current academic year. The institution shall notify the Ohio board of regents of the student’s re-enrollment through the establishment procedure utilizing the “Grant Payment Form.”

(T) Classification

The following definitions shall be utilized in establishing the race of an applicant. The classifications for statistical purposes are:

(1) Black American;

(2) Spanish-surnamed American;

(3) Oriental American;

(4) American Indian;

(5) Other.

(U) Application and income forms

(1) The application form must be completed by the student. A student who completes the application form improperly may be denied a grant.

(2) The parents’ income statement must be completed by the dependent student’s parents, legal guardian or person representing the applicant’s supportive economic unit. All signatures on the income statement must be notarized.

(V) Non-discrimination

It is the intent of the Ohio board of regents to provide “Ohio Instructional Grants” to full-time undergraduate students only if they enroll in participating Ohio and Pennsylvania institutions of higher education in which there is not discrimination among students in admission, in institutional services, or in placement based upon race, sex, religion or national origin. Each participating institution is expected to have met the various requirements under the provisions of the Federal Civil Rights Act of 1964, as amended.

(W) Full-time undergraduate students pursuing a second baccalaureate degree

Students who have previously completed the requirements for a baccalaureate degree are not eligible for an “Ohio Instructional Grant.”

(X) Appeals

(1) A student may appeal the decision of the student assistance office of the board of regents. Appeals from students who are requesting reassessment of their full-year award status must be received on or before the fourth Friday in the month of October of each year. Appeals received after the fourth Friday in the month of October of each year but on or before the first Friday in the month of January of each year will be considered for the second and third quarters or terms or the second semester only. Any changes in eligibility made after the fourth Friday in the month of October of each year will be based on the availability of funds.

(2) If the appeal is on the basis of possible incorrect income information that may have been reported on the application, the student and parents may be required to submit a copy of their official internal revenue service “Form 1040” and all attached schedules for the calendar year which immediately precedes the year in which the grant application is filed.

(3) A student may also request the use of estimated income for the calendar year in which the grant application is filed rather than actual income for the calendar year which immediately precedes the year in which the grant application is filed to determine his or her income eligibility when such a request is based on one of the following circumstances:

(a) The death of a wage earner in the applicant’s family in the calendar year which immediately precedes the year in which the grant application is filed or the calendar year in which the grant application is filed.

(b) A divorce or legal separation in the applicant’s family in the calendar year which immediately precedes the year in which the grant application is filed or the calendar year in which the grant application is filed.

(c) Unemployment of a family wage earner for at least ten consecutive weeks in the calendar year in which the grant application is filed due to a layoff, disability, retirement, or an involuntary termination of employment. (Consideration will be given where very exceptional circumstances exist. A student should not submit a duplicate application.)

(4) To request the use of estimated income the student should use the appeal form from the “Ohio Instructional Grant” application or submit a written statement to the assistant director indicating the reason for requesting the exception to base-year income.

(Y) Justification for collection and distribution of data

(1) Application process.

(a) Any Ohio resident who wishes to apply for consideration of an “Ohio Instructional Grant” is required to submit an official application which contains the following data:

(i) The student applicant’s social security number.

(ii) The student applicant’s name and address.

(iii) Information concerning the student’s residence.

(iv) Information concerning the marital status of the student, and student’s parents.

(v) Information concerning the student applicant’s enrollment status.

(vi) Age, sex and race of the student applicant (race and sex are optional; the student is not required to provide this information).

(vii) Income data of the student applicant’s parents and the student.

(viii) A federal income tax release form for audit purposes.

(ix) Information to determine a student applicant’s status (dependent or independent).

(b) The application from which this data is obtained shall inform the applicant which items of information are required and which are optional.

(c) The information provided on the application is used to determine the student applicant’s eligibility for an “Ohio Instructional Grant” as provided under section 3333.12 of the Revised Code, as amended.

(d) The social security number is the record identifier. The student’s name and address are used for mailing purposes and to assist in determining the applicant’s state of residence.

(e) Questions concerning citizenship and residence are for the purpose of identifying the applicant as a United States citizen and a resident of the state as required by statute. The question concerning the student’s course of study is to determine, as required by statute, that the applicant is not studying for a religious degree or profession. Class status is used to determine that the applicant is an undergraduate as required by law and to assist in determining that the applicant has not exhausted his or her eligibility. College choice is used to identify the institution in which the student intends to enroll for the purpose of notifying the institution of the applicant’s eligibility. Such information is also necessary to determine estimates of total commitments of the program statewide. Classification is required to assist in determining if the applicant meets the full-time requirements of the statute. Parental and student marital status are required to determine the accuracy of income reported and which income data is to be used in determining eligibility. Support status is required to determine which income data is to be used in the system and keys the system to the appropriate formula. Sex and race are optional. This data is used for statistical purposes only. It will assist in determining that the civil rights laws are not being violated. Age is required in that it becomes a factor in determining the independent student’s eligibility as facilitated through the formula for such students. All income data is required in order to determine the applicant’s eligibility as required by statute. A federal income tax release is required in order to verify and audit income information provided in the application. The affidavits are required in order to verify a student’s status as an independent student.

(f) The information provided on the application shall be accessible only to and by the applicant, each member of the board of regents, the chancellor of the board of regents, the deputy chancellor of the board of regents, and the staff of the student assistance office of the board of regents, which is responsible for processing the applications and determining each applicant’s eligibility. In addition, the state division of computer services shall have access to the application for the purpose of data entry, and shall have access to information provided on the application for the purpose of computer programming, data storage and statistical reporting.

(2) Notification process.

(a) Each student applicant shall receive a computer printed notification of eligibility status. In addition, the student financial aid office of the institution that the student has so designated on the application shall receive notification of the student’s award status. The information for eligible students shall be as follows in the notification to the institution:

(i) The student’s name and address.

(ii) The student’s social security number.

(iii) The student’s award number.

(iv) The amount of the award.

(b) For students not eligible, the notification shall provide the following:

(i) The student’s name and address.

(ii) The student’s social security number.

(iii) The reason for denial of an award.

(c) The notification to both students and institutions are scheduled to be made once each month.

(3) Release of information to applicant:

Student applicants’ access to their individual records shall be facilitated as follows:

The student assistance office, upon request by a student who has submitted an application to the board of regents for consideration of an “Ohio Instructional Grant” or an attorney with written authorization from the student, shall within ten days of the request, provide the student with either a written statement of the personal data contained in the student’s records or provide the student with visual access to his or her records through computer microfiche files. The application document shall be accessible to the student only if it is still stored in office files. Arrangements shall be established with the state division of computer services to identify all and any records stored in computer tapes where a request for access to such records has been made by a person with an application on file. If a copy of the application is requested by the student or the student’s attorney, a reasonable fee may be assessed, not to exceed the actual cost of copying the application.

(4) Payment and refund process.

At the beginning of the academic year, each institution is required to submit award certificates to the student assistance office of the board of regents. The completed certificates are used to generate computer “Grant Payment Forms” which are sent to the institutions with a warrant. At the conclusion of each term, the “Grant Payment Form” is used by the institutions to report refunds and eligible students no longer enrolled. The completed form is submitted to the student assistance office of the Ohio board of regents with the appropriate refund. An updated “Grant Payment Form” is provided each institution for each subsequent term. These forms contain the following data:

(a) The eligible student’s name.

(b) Social security number.

(c) Grant award.

(d) Distribution of grant award for each quarter, term or semester enrolled.

R.C. 119.032 review dates: 07/19/2005 and 07/19/2010

Promulgated Under: 119.03

Statutory Authority: 119.03

Rule Amplifies: 3333.12

Prior Effective Dates: 8/3/78, 11/16/79, 10/3/80, 5/7/82, 2/27/84, 12/30/88, 3/2/90, 3/6/92

(A) Intent and authority

(1) It is the intent of the chancellor of the Ohio board of regents in promulgating this rule to exclude from treatment as residents, as that term is applied here, those persons who are present in the state of Ohio primarily for the purpose of receiving the benefit of a state-supported education.

(2) This rule is adopted pursuant to Chapter 119. of the Revised Code, and under the authority conferred upon the chancellor of the Ohio board of regents by section 3333.31 of the Revised Code.

(B) Definitions

For purposes of this rule:

(1) “Resident” shall mean any person who maintains a twelve-month place or places of residence in Ohio, who is qualified as a resident to vote in Ohio and receive state public assistance , and who may be subjected to tax liability under section 5747.02 of the Revised Code, provided such person has not, within the time prescribed by this rule, declared himself or herself to be or allowed himself or herself to remain a resident of any other state or nation for any of these or other purposes.

(2) “Financial support” as used in this rule, shall not include grants, scholarships and awards from persons or entities which are not related to the recipient.

(3) An “institution of higher education” shall have the same meaning as “state institution of higher education” as that term is defined in section 3345.011 of the Revised Code, and shall also include private medical and dental colleges which receive direct subsidy from the state of Ohio.

(4) “Domicile” as used in this rule is a person’s permanent place of abode, so long as the person has the legal ability under federal and state law to reside permanently at that abode. For the purpose of this rule, only one domicile may be maintained at a given time.

(5) “Dependent” shall mean a student who was claimed by at least one parent or guardian as a dependent on that person’s internal revenue service tax filing for the previous tax year.

(6) “Residency Officer” means the person or persons at an institution of higher education that has the responsibility for determining residency of students under this rule.

(7) “Community Service Position” shall mean a position volunteering or working for:

(a) VISTA, Americorps, city year, the peace corps, or any similar program as determined by the chancellor of the Ohio board of regents; or

(b) An elected or appointed public official for a period of time not exceeding twenty-four consecutive months.

(C) Residency for subsidy and tuition surcharge purposes

The following persons shall be classified as residents of the state of Ohio for subsidy and tuition surcharge purposes:

(1) A student whose spouse, or a dependent student, at least one of whose parents or legal guardian, has been a resident of the state of Ohio for all other legal purposes for twelve consecutive months or more immediately preceding the enrollment of such student in an institution of higher education.

(2) A person who has been a resident of Ohio for the purpose of this rule for at least twelve consecutive months immediately preceding his or her enrollment in an institution of higher education and who is not receiving, and has not directly or indirectly received in the preceding twelve consecutive months, financial support from persons or entities who are not residents of Ohio for all other legal purposes.

(3) A dependent student of a parent or legal guardian, or the spouse of a person who, as of the first day of a term of enrollment, has accepted full-time, self-sustaining employment and established domicile in the state of Ohio 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:

(a) 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, legal guardian or spouse of the student is employed full-time in Ohio.

(b) A copy of the lease under which the parent, legal guardian or spouse is the lessee and occupant of rented residential property in the state; a copy of the closing statement on residential real property located in Ohio of which the parent, legal guardian or spouse is the owner and occupant; or if the parent, legal guardian or spouse is not the lessee or owner of the residence in which he or she has established domicile, a letter from the owner of the residence certifying that the parent, legal guardian or spouse resides at that residence.

(4) A veteran, and the veteran’s spouse and any dependent of the veteran, who meets both of the following conditions:

(a) The veteran either (i) served one or more years on active military duty and was honorably discharged or received a medical discharge that was related to the military service or (ii) was killed while serving on active military duty or has been declared to be missing in action or a prisoner of war.

(b) If the veteran seeks residency status for tuition surcharge purposes, the veteran has established domicile in this state as of the first day of term of enrollment in an institution of higher education. If the spouse or a dependent of the veteran seeks residency status for tuition surcharge purposes, the veteran and the spouse or dependent seeking residency status have established domicile in this state as of the first day of a term of enrollment in an institution of higher education, except that if the veteran was killed while serving on active military duty or has been declared to be missing in action or a prisoner of war, only the spouse or dependent seeking residency status shall be required to have established domicile in accordance with this division.

Domicile as used in paragraph (C)(4)(b) of this rule shall have the same meaning as used in paragraph (C)(3)(b) of this rule.

(D) Additional criteria which may be considered in determining residency may include but are not limited to the following:

(1) Criteria evidencing residency:

(a) If a person is subject to tax liability under section 5747.02 of the Revised Code;

(b) If a person qualifies to vote in Ohio;

(c) If a person is eligible to receive Ohio public assistance ;

(d) If a person has an Ohio’s driver’s license and/or motor vehicle registration.

(2) Criteria evidencing lack of residency

(a) If a person is a resident of or intends to be a resident of another state or nation for the purpose of tax liability, voting, receipt of public assistance, or student loan benefits (if the student qualified for that loan program by being a resident of that state or nation);

(b) If a person is a resident or intends to be a resident of another state or nation for any purpose other than tax liability, voting, or receipt of public assistance (see paragraph (D)(2)(a) of this rule).

(3) For the purpose of determining residency for tuition surcharge purposes at Ohio’s state-assisted colleges and universities, an individual’s immigration status will not preclude an individual from obtaining resident status if that individual has the current legal status to remain permanently in the United States.

(E) Exceptions to the general rule of residency for subsidy and tuition surcharge purposes:

(1) A person who is living and is gainfully employed on a full-time or part-time and self-sustaining basis in Ohio and who is pursuing a part-time program of instruction at an institution of higher education shall be considered a resident of Ohio for these purposes.

(2) A person who enters and currently remains upon active duty status in the United States military service while a resident of Ohio for all other legal purposes and his or her dependents shall be considered residents of Ohio for these purposes as long as Ohio remains the state of such person’s domicile.

(3) A person on active duty status in the United States military service who is stationed and resides in Ohio and his or her dependents shall be considered residents of Ohio for these purposes.

(4) A person who is transferred by his employer beyond the territorial limits of the fifty states of the United States and the District of Columbia while a resident of Ohio for all other legal purposes and his or her dependents shall be considered residents of Ohio for these purposes as long as Ohio remains the state of such person’s domicile as long as such person has fulfilled his or her tax liability to the state of Ohio for at least the tax year preceding enrollment.

(5) A person who has been employed as a migrant worker in the state of Ohio and his or her dependents shall be considered a resident for these purposes provided such person has worked in Ohio at least four months during each of the three years preceding the proposed enrollment.

(6) A person who was considered a resident under this rule at the time the person started a community service position as defined under this rule, and his or her spouse and dependents, shall be considered a residents of Ohio while in service and upon completion of service in the community service position.

(7) A person who returns to the state of Ohio due to marital hardship, takes or has taken legal steps to end a marriage, and reestablishes financial dependence upon a parent or legal guardian (receives greater than fifty per cent of his or her support from the parent or legal guardian), and his or her dependents shall be considered residents of Ohio.

(8) A person who is a member of the Ohio national guard and who is domiciled in Ohio, and his or her spouse and dependents, shall be considered residents of Ohio while the person is in Ohio national guard service.

(F) Procedures

(1) A dependent person classified as a resident of Ohio for these purposes under the provisions of paragraph (C)(1) of this rule and who is enrolled in an institution of higher education when his or her parents or legal guardian removes their residency from the state of Ohio shall continue to be considered a resident during continuous full-time enrollment and until his or her completion of any one academic degree program.

(2) In considering residency, removal of the student or the student’s parents or legal guardian from Ohio shall not, during a period of twelve months following such removal, constitute relinquishment of Ohio residency status otherwise established under paragraph (C)(1) or (C)(2) of this rule.

(3) For students who qualify for residency status under paragraph (C)(3) of this rule, residency status is lost immediately if the employed person upon whom resident student status was based accepts employment and establishes domicile outside Ohio less than twelve months after accepting employment and establishing domicile in Ohio.

(4) Any person once classified as a nonresident, upon the completion of twelve consecutive months of residency, must apply to the institution he or she attends for reclassification as a resident of Ohio for these purposes if such person in fact wants to be reclassified as a resident. Should such person present clear and convincing proof that no part of his or her financial support is or in the preceding twelve consecutive months has been provided directly or indirectly by persons or entities who are not residents of Ohio for all other legal purposes, such person shall be reclassified as a resident.

Evidentiary determinations under this rule shall be made by the institution which may require, among other things, the submission of documentation regarding the sources of a student’s actual financial support.

(5) Any reclassification of a person who was once classified as a nonresident for these purposes shall have prospective application only from the date of such reclassification.

(6) Any institution of higher education charged with reporting student enrollment to the chancellor of the Ohio board of regents for state subsidy purposes and assessing the tuition surcharge shall provide individual students with a fair and adequate opportunity to present proof of his or her Ohio residency for purposes of this rule. Such an institution may require the submission of affidavits and other documentary evidence which it may deem necessary to a full and complete determination under this rule.

Effective: 07/02/2009

R.C. 119.032 review dates: 10/20/2013

Promulgated Under: 119.03

Statutory Authority: R.C. 3333.31, R.C. 3333.04

Rule Amplifies: R.C. 3333.31, R.C. 5747.02

Prior Effective Dates: 12/29/1977, 2/2/1985, 3/2/1990, 10/3/2003, 7/9/2008 (Emer.), 10/5/08

(A) Authority

This rule is adopted under authority conferred upon the Ohio board of regents by section 3333.21 of the Revised Code.

(B) Purpose of program

The “Ohio Academic Scholarship Program” was established to recognize and give financial assistance to the state’s academically outstanding students and to encourage these students to attend Ohio’s institutions of higher education.

(C) Eligibility requirements

(1) To be eligible to receive an “Ohio Academic Scholarship” a student must:

(a) Be a current graduate of an eligible Ohio high school.

(b) Be an Ohio resident.

(c) Be enrolled or intend to be enrolled as a full-time undergraduate student in an eligible Ohio institution of higher education.

(d) To be eligible the student must take the ACT ASSESMENT in the junior year or by the December test date of their senior year.

(2) To renew the scholarship a student must:

(a) Be an Ohio resident.

(b) Be enrolled as a full-time undergraduate student in an eligible Ohio institution of higher education, or be a full-time student concurrently enrolled as an undergraduate student and as a graduate or professional student in an eligible Ohio institution of higher education or be enrolled in an eligible Ohio institution of higher education as a full-time graduate or professional student who was awarded an undergraduate degree in less than four academic years.

(c) Make satisfactory academic progress toward a degree or diploma.

(D) Definitions

(1) Eligible Ohio high schools

Eligible high schools include all diploma-granting public and non-public high schools chartered by the state department of education and having three or more years of instruction. Students who are enrolled in joint-vocational school programs are also eligible to participate in the “Ohio Academic Scholarship” competition. Applicants who are enrolled in joint-vocational school programs on a regular basis shall be ranked with other students in their respective joint-vocational schools, rather than with students from their “home schools,” the schools from which they will graduate. Grade point averages reported for joint-vocational school students shall reflect performance in courses taken at the home school and joint-vocational school.

(2) Ohio resident

Each eligible participating institution shall determine the residency status of students for “Ohio Academic Scholarship” purposes in accordance with rule 3333-1-10 of the Administrative Code.

(3) Eligible Ohio institutions of higher education

An “eligible institution” is: (a) an Ohio public-assisted institution of higher education; or (b) an Ohio privately sponsored nonprofit institution of higher education having a “Certificate of Authorization” issued by the Ohio board of regents; or (c) a diploma school of nursing having a “Certificate of Authorization” issued by the board of regents; or (d) an Ohio proprietary institution which holds a “Certificate of Registration” issued under section 3332.05 of the Revised Code and program authorization issued by the state board of proprietary school registration to award an associate degree or holds a “Certificate Of Registration” issued under section 3332.05 of the Revised Code and a “Certificate of Authorization” issued by the board of regents to award a bachelor’s degree. Students who attend an institution holding a “Certificate of Registration” must be enrolled in a program leading to an eligible associate degree or an eligible program leading to a bachelor’s degree.

(4) Full-time student

A “Full-time student” is one who is enrolled in an eligible Ohio institution of higher education for at least twelve credit hours or the equivalent per term.

(5) Satisfactory academic progress

In working toward an associate degree, bachelor’s degree, nursing school diploma, graduate degree or professional degree, the student must maintain a grade point average or other standards of achievement considered by the institution of higher education as satisfactory progress toward receipt of the degree or nursing school diploma sought by the student.

(6) Academic year

An “academic year” is defined as an instructional period consisting of three quarters, or two semesters, or the equivalent, including the summer term. At semester-system schools, summer school is equivalent to a semester; at quarter-system schools, summer school is equivalent to a quarter. Summer term is considered the first term of the academic year.

(E) Application process

Application for the scholarship shall be made through a student’s high school. Required application data shall be submitted to the board of regents by means of a web-based data collection system developed and maintained by the board of regents (we have not made any provisions to accept paper and are working individually with each high school that does not have access to the internet to identify alternatives.)

(1) Verification of ACT scores

ACT assessment scores for each scholarship applicant shall be provided directly by the board of regents in the web-based application through a data exchange agreement with ACT. High school guidance counselors may send official ACT scores which do not match ACT scores provided to the board of regents for consideration.

(2) Computing the scholarship index

The scholarship index, which gives equal weight to the student’s fifth semester cumulative grade point average and the student’s ACT scores, will determine the ranking of applicants in the scholarship competition. A constant factor ensures that the grade point average and the ACT scores are given equal weight in the scholarship index formula.

The scholarship index formula is designed for a 4.0 grading system where “A+”, “A”, “A-” = 4, “B+”, “B”, “B-) = 3, “C+”, “C”, “C-) = 2 and “D+”, “D”, “D-) = 1. Other grading systems may not be used. The applicant’s fifth semester cumulative grade point average comprises grades from the tenth grade, eleventh grade and the first semester of the twelfth grade.

The applicant must take the ACT assessment in the junior year or by the December test date of their senior year to be considered for the scholarship. The applicant’s ACT scores may be reported from one assessment only. If the applicant has taken the ACT examination twice, the English, mathematics, reading and science reasoning scores may be reported from either assessment; however, scores from the two assessments may not be mixed.

Scholarship index formula ACT assessment score (fifty per cent); high school grade point average (fifty per cent). Scholarship index = (3E + 2M + R + SR) + (CF x HSA) Where: “E” = ACT English score; “M” = ACT mathematics score; “R” = ACT reading score; “SR” = ACT science reasoning score; “CF” = A constant factor by which the high school average is multiplied to ensure that the ACT component and the high school average each receive equal weight in determining the scholarship index; “HSA” = Fifth semester high school grade point average (tenth grade, eleventh grade and first semester of the twelfth grade).

(3) Submitting applications

A scholarship index may be calculated for any eligible applicant who has outstanding ACT examination assessment scores and an outstanding grade point average. Each high school shall submit application data on the web based system for no more than five (5) students with the highest scholarship index. These applications shall be ranked in scholarship index order from highest to lowest. In the case where two or more students have identical scholarship indexes, transcripts of the students’ grades may be required for verification by the board of regents. Complete application data must be submitted to the board of regents no later than February twenty-third of each year.

(F) Awarding scholarships

At least one thousand new scholarships of no less than two thousand dollars per year will be awarded each academic year. In cases where the highest scholarship index is held by two or more eligible students within a high school, each applicant will be designated to receive an “Ohio Academic Scholarship” for the upcoming academic year. At least one scholarship shall be awarded to a student from each eligible Ohio public, non-public, and joint-vocational high school that submits by the February 23rd deadline date.

Students who rank second, third, fourth and fifth in each high school will comprise a s[t]ate-wide pool of applicants who will be ranked again by scholarship index to compete for remaining scholarships which will be available after one scholarship has been awarded to the top-ranked student in each eligible high school.

(1) Notice of award

If the student with the highest scholarship index from a high school meets all eligibility requirements, that student will be designated to receive an “Ohio Academic Scholarship” in the amount of no less than two thousand dollars for the upcoming academic year. A scholarship certificate will be issued to the first-place candidate around April first. In addition to the scholarship certificate, the student will receive a confirmation form from their counselor on which he or she will indicate acceptance or refusal of the scholarship. This form will again ask for the name of the Ohio institution of higher education in which the student will be enrolled during the upcoming academic year and will ask whether or not the student will enroll in the summer term. The student must return the confirmation form to their counselor who will notify the board of regents via the web-based system before May first. Failure to respond to the scholarship offer by May first may result in reassignment of the scholarship.

If a student does not accept a scholarship, the scholarship will be offered to the number two student from the high school competition unless the high school already has more than one designated recipient. In that case, the scholarship will be offered to the next highest ranking student from the state-wide pool of high scores.

(G) Payment policies

(1) Duration of scholarship

A student may receive an “Ohio Academic Scholarship” for a maximum of four academic years, provided that the student is making satisfactory academic progress toward an associate degree, bachelor’s degree, nursing school diploma, graduate degree or professional degree. If the student is making satisfactory academic progress, the scholarship is automatically renewed. Total scholarship benefits shall not be less than eight thousand dollars.

Awards are contingent upon the availability of funds from the Ohio general assembly.

(2) Influence on other state awards

Receipt of an “Ohio Academic Scholarship” will not affect a student’s eligibility for an “Ohio Instructional Grant,” “War Orphans Scholarship,” or “National Guard Scholarship.”

(3) Payment of scholarship

Scholarship benefits shall be paid to the student’s institution of higher education. Each amount awarded will be paid in equal installments on a quarter or semester basis. Payments will be made each term after confirmation of the students continuing eligibility by the student’s institution of higher education. Confirmation of eligibility shall be made by means of a web-based data collection system developed and maintained by the board of regents.

(4) Transfer to another institution of higher education

A student who has received an “Ohio Academic Scholarship” may transfer to another eligible Ohio institution of higher education provided that the student notifies the board of regents in writing or by email about the transfer no later than fifteen days before the end of the academic term which precedes the term in which the transfer will be effective.

(5) Refund for withdrawal during a term

If an “Ohio Academic Scholarship” recipient discontinues full-time attendance during a term because of illness or other cause deemed satisfactory by the board of regents, the student 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 as a scholarship received for a full term. A term for which payment is waived shall not be considered a term for which a scholarship was received.

If a student withdraws or drops below full-time enrollment during a term after the scholarship payment has been made, the student will return the unused portion of the scholarship to the board of regents. The amount due will be prorated on a weekly basis. For example, if a student attending a ten-week quarter-system school withdraws from the school or drops below twelve credit hours of coursework in the seventh week of classes, the student will refund three-tenths of three hundred thirty-three dollars, or one hundred dollars to the board of regents.

(6) Cancellation of the scholarship

Students who discontinue full-time attendance during a term and cancel their scholarship will be assessed a refund due to the board of regents based upon the number of weeks in the term during which the student attended classes.

(7) Leave of absence for a quarter or semester

If an “Ohio Academic Scholarship” recipient is temporarily unable to attend school because of illness or other causes deemed satisfactory to the board of regents, the board of regents may grant a leave of absence for a period not to exceed one academic year. The student must make a request for a leave of absence in writing and will be notified in writing of the board’s decision. Following a leave of absence, scholarship payments will be resumed at the time of enrollment confirmation.

(8) Unsatisfactory academic progress

If a student’s academic record falls below the standard prescribed by the institution of higher education attended, the student must resume satisfactory academic progress within a period not exceeding two quarters or one semester of enrollment. For example: If a student’s academic record fails to meet the prescribed standard at the end of the fall quarter or semester of the academic year, the student must bring his or her academic record up to the standard by the end of the third quarter or second semester of the same academic year to avoid termination of the scholarship. In the interim period, scholarship payment will be withheld.

HISTORY: Eff (Amended) 6-3-78; (Amended) 5-3-79; (Amended) 5-7-82; (Amended) 2-27-84; (Amended) 7-30-84 (Emer.); (Amended) 2-2-85; (Amended) 12-30-88; 3-2-90; 3-22-04

Rule promulgated under: RC 119.03

Rule authorized by: RC 3333.04(o)

Rule amplifies: RC 3333.21 to 3333.25

RC 119.032 review dates: 12/22/03, 3/22/09

(A)Authority

This Rule is adopted under authority conferred upon the Ohio Board of Regents by Amended House Bill 474 of the 110th General Assembly, requiring all medical schools which receive state assistance to establish and maintain departments of family practice.

(B)Institutional Requirements

(1) Each school or college of medicine shall have a Department of Family Medicine (as defined in Section 3333.11 of the Revised Code) which will be administratively equal to the other major departments (i.e. Medicine, Pediatrics, Surgery, etc.).

(2) Each Department shall create and maintain a curriculum for medical student education in Family Practice.

(3) Each Department shall create and maintain a clinical Family Practice residency utilizing the guidelines for family practice by the American Board of Family Practice.

(4) Each Department shall have a qualified, experienced practitioner as the Chairman, who will direct the education and patient care programs for both medical students and family practice residents. The Chairman should have previously demonstrated involvement in family practice either as an active family practitioner, or by actively teaching family medicine to medical students or family medicine residents, or by actively supporting the development of educational programs in family medicine. The Chairman should be either Board eligible or Board certified in family practice according to the guidelines of the American Board of Family Practice.

In the development of new Departments of Family Practice, a medical school may elect to appoint an Acting Chairman to initiate program development while a search committee is actively seeking a new Chairman. Any questions concerning the interpretation of “a qualified, experienced practitioner” should be directed to the office of the Vice-Chancellor for Health Affairs, Ohio Board of Regents.

(5) The Chairman of the Department of Family Practice may utilize both university and community facilities for the academic programs in family medicine.

(C)Procedures for Release of Funds

(1) Each college or school of medicine which has met the guidelines established by the Board of Regents for Amended House Bill 474 will be considered eligible for financial support.

(2) Each department shall submit a budget for approval of the Ohio Board of Regents. No budget may exceed $250,000 for the period in which the appropriation is in force. Medical schools created by the 110th General Assembly shall not exceed $100,000 support during this period.

(3) The Board of Regents will receive budgets for approval and requests for release of funds after November 1, 1974.

R.C. 119.032 review dates: 07/19/2005 and 07/19/2010

Promulgated Under: 111.15

Statutory Authority: Am. Sub. H.B. 474 of the 110th General Assembly

Rule Amplifies: n/a

Prior Effective Dates: 11/2/74

(A) Each proposal submitted by an institution defined in Revised Code 1713.01, requesting a certificate of authorization in Ohio or a revision to a certificate of authorization, shall be assessed fees due upon submission of the proposal, as follows:

Initial Program Fees *

In-State Institution Out-of-State Institution

Associate $3,000 $3,000

Baccalaureate $3,000 $3,000

Master’s $5,000 $5,000

Doctoral/Professional $5,000 $5,000

*An Initial Program Fee is charged for the first program at a particular degree level.

Degree Review Fees will be charged in addition to this amount.

Degree Review Fees

Paper Review (if no site visit) In-State Institution with Site Visit Out-of-State Institution with Site Visit

Associate $1,000* $2,000 $4,000

Baccalaureate $1,000* $2,000 $4,000

Masters $1,000* $3,500 $5,500

Doctoral or Professional Not Applicable $7,500 $7,500

*Fees may be waived in cases where a new undergraduate major: 1) is an area closely related to an existing program; 2) all or nearly all needed resources are demonstrably in place; and 3) the institutional proposal is sufficiently clear that no substantial additional information or revision is required.

Institutional Reauthorization

TYPE OF REVIEW FEE

No concerns from regional accrediting agency and/or other appropriate accrediting bodies; completion of Regents information document to update list of programs and related activities. $300

Tracking Review Cost of External Consultant

Full reauthorization, including review and site visit. Institution will bear all other reasonable costs associated with such review (e.g. external consultant fees and related expenses). $7,500

Effective: 04/17/2006

R.C. 119.032 review dates: 04/17/2011

Promulgated Under: 119.03

Statutory Authority: 1713.03

Rule Amplifies: 1713.02

(A) Authority

This rule is adopted in compliance with, and under the authority of, section 121.22(F) of the Revised Code, as amended, effective November 28, 1975.

(B) Any person may determine the time and place of all regularly scheduled meetings and the time, place, and purpose of all special meetings by:

(1) Writing to the following address: “Ohio Board of Regents, 30 East Broad Street, Columbus, Ohio 43215.”

(2) Calling the following telephone number during normal business hours: 614-466-6000.

(3) Consulting the bulletin board located at the board of regents office at the address above.

(4) Consulting the Ohio board of regents website located at www.regents.state.oh.us.

(C) Any representative of the news media may obtain notice of all special meetings by requesting in writing that such notice be provided. A request for such notification shall be addressed to: “Board Secretary, Ohio Board of Regents, 30 East Broad Street, Columbus, Ohio 43215.”

The request shall provide the name of the individual media representative to be contacted, his mailing address and a maximum of two telephone numbers where he can be reached. The board secretary shall maintain a list of all representatives of the news media who have requested notice of special meetings pursuant to this section.

In the event of a special meeting not of an emergency nature, the board secretary shall notify all media representatives on the list of such meeting by doing at least one of the following:

(1) Sending written notice, which must be mailed no later than four calendar days prior to the day of the special meeting;

(2) Notifying such representatives by telephone no later than twenty-four hours prior to the special meeting; such telephone notice shall be complete if a message has been left for the representative, or if, after reasonable effort the board secretary has been unable to provide such telephone notice;

(3) Informing such representative personally no later than twenty-four hours prior to the special meeting.

(4) Posting such notice on the Ohio board of regents website located at www.regents.state.oh.us.

In the event of a special meeting of an emergency nature, the board secretary shall notify all media representatives on the list of such meeting by providing either the notice described in paragraph (C)(2) of this rule, or that described in paragraph (C)(3) of this rule. In such event, however, the notice need not be given twenty-four hours prior to the meeting, but shall be given as soon as possible.

In giving the notices required by paragraph (C) of this rule, the board secretary may rely on assistance provided by any member of the board of regents staff and any such notice is complete if given by such member in the manner provided in paragraph (C) of this rule.

(D) The board secretary shall maintain a list of all persons who have requested, orally or in writing, notice of all meetings of the board of regents at which specific subject matters designated by such persons are scheduled to be discussed. Any person may have his name placed on such a list. The board secretary shall, no later than seven days prior to each meeting, send by first class mail an agenda of the meeting to such persons.

(E) Upon proper notice given pursuant to this rule, an interactive video teleconference meeting may be held if a quorum is present.

These rules may be amended at any time by majority vote of the entire membership of the board.

HISTORY: Eff 11-28-75; 12-4-75; 1-6-76; 2-3-00; 10-25-03

Rule promulgated under: RC 119.03

Rule authorized by: RC 3333.04, 121.22

Rule amplifies: RC 121.22, 3333.02

R.C. 119.032 review dates: 08/08/2003 and 10/25/2008

(A) Authority. This rule is adopted under authority conferred upon the Ohio board of regents by section 3333.27 of the Revised Code.

(B) Ohio resident. Each eligible participating institution shall determine the residency status of students for choice grant purposes in accordance with rule 3333-1-10 of the Administrative Code.

(C) Full-time student. A “full-time student” is one who is enrolled in a bachelor’s degree program at an eligible institution for not less than twelve credit hours or the equivalent per semester, quarter or term.

(D) Eligible institutions

(1) An “eligible institution” is an accredited 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.

(2) In order to be considered as an eligible institution for student choice grant purposes, the institution must be accredited by appropriate regional, and where appropriate, professional accrediting associations within whose jurisdiction they fall. All institutions, if requested by the board of regents, must provide evidence of their current status so far as institutional accreditation and professional accreditation is concerned. “Approved accrediting associations” are those recognized by the “Council on Postsecondary Accreditation.”

(E) Academic standards. In working toward a bachelor’s degree, the student must maintain a gradepoint average or other standard of achievement considered by the institution in which the student is enrolled as satisfactory progress toward receipt of the degree. A student placed on academic probation, and attending classes as prescribed by the institution on a full-time basis shall be considered to be making appropriate progress.

(F) Benefits

(1) The grant shall not exceed the lesser of the total instructional and general fee charges of the institution in which the student is enrolled, or an amount equal to one-fourth of the total instructional subsidy amount distributed by the board of regents in the second fiscal year of the preceding biennium for all full-time equivalent students enrolled in bachelor’s degree programs divided by the sum of the number of full-time equivalent students enrolled in bachelor’s degree programs as reported to the board of regents for such year by the institution to which the subsidy was distributed.

(2) The receipt of a choice grant shall not affect a student’s eligibility for assistance received under section 3315.33, 3333.12, 3333.22, 3333.26, 5910.03, 5910.032, or 5910.07 of the Revised Code (“Teacher Training Assistance,” “Ohio Instructional Grant,” “Ohio Academic Scholarship,” “War Orphans Scholarship,” and “National Guard Scholarship”). If a student receives assistance under any of these sections, the choice grant award received by the student shall not exceed the difference between the amount of assistance received under such sections and the total instructional and general fee charges of the institution in which the student is enrolled.

(3) If funds are insufficient to meet the grant awards of students in accordance with paragraph (F)(1) of this rule, the grant amounts for all eligible students will be reduced proportionately.

(4) The institution shall reduce the student’s instructional and general fee charges by the amount of the choice grant.

(G) Payment

(1) The student choice grant shall be paid to the institution in which the eligible recipient is enrolled in equal proportions for each semester or quarter during the academic year beginning with the fall term or semester and ending with the spring term or semester. The grant shall be proportionately distributed by thirds in the case of quarter institutions and by halves in the case of semester institutions. Students enrolled during the summer term shall have their grants applied proportionately by thirds in the case of quarter institutions and halves in the case of semester institutions with the summer term amount being applied retroactively. The grant shall be applied to the student’s instructional and general fee charges only.

(2) Institutions enrolling students receiving choice grants shall report to the board of regents the name of each student who has received a grant but who is no longer eligible for all or part of such grant and shall refund all monies due to the state within thirty days after the beginning of the term immediately following the term for 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 monies due and payable after such thirty-day period. The board of regents shall immediately notify the office of budget and management and the legislative budget office of the legislative service commission of all refunds received.

(H) Refunds. If a student withdraws, drops below full-time status, or becomes ineligible during an academic term, the institution shall refund to the board of regents a prorated amount of the student choice grant for the term that is equal percentage-wise to the institution’s refund policy.

(I) Eligibility. To be eligible for an Ohio student choice grant, a student must:

(1) Be a resident of the state of Ohio.

(2) Be enrolled as a full-time student in an eligible Ohio institution.

(3) Be enrolled in a bachelor’s degree program.

(4) Maintain minimum academic standards as established by the institution in which the student is enrolled.

(5) Not be enrolled in a course of study leading to a degree in religion or theology, or other field of preparation for a religious profession.

(6) Not have enrolled as a full-time student in an institution of higher education on or prior to July 1, 1984.

The institution shall certify to the board of regents that students submitted for payment meet all eligibility requirements.

(J) Transfer. Student choice grant recipients who wish to transfer from one eligible institution to another eligible institution during the academic year must obtain a “Transfer of Remaining Funds Form” from the financial aid office of the institution in which they are currently enrolled. Students must submit the completed transfer form to the financial aid office of the institution to which they are transferring.

(K) Duration of grants. A student is not eligible for an Ohio student choice grant for more than ten semesters of undergraduate education or the equivalent in quarters or terms.

R.C. 119.032 review dates: 07/19/2005 and 07/19/2010

Promulgated Under: 119.03

Statutory Authority: 119.

Rule Amplifies: 3333.27

Prior Effective Dates: 2/27/84

(A) Authorization

With the enactment of Amended Substitute House Bill 238 of the 116th General Assembly, the Ohio general assembly gave authority to establish new scholarship programs that recognize outstanding student achievement and ability. The authorization of the regents graduate/professional fellowship program is codified in section 3333.25 of the Revised Code. The Ohio academic scholarship payment fund, as described in section 3333.25 of the Revised Code, shall be the source of funds to support regents graduate/professional fellowships.

(B) Purpose of program

The regents graduate/professional fellowship program was established to recognize and give financial assistance to the state’s academically outstanding college graduates and to encourage these students to pursue graduate or graduate professional programs in Ohio’s institutions of higher education. The purpose of this program is to attract and retain in Ohio the most outstanding baccalaureate graduates. Approximately eighty fellowships are available to be granted in each academic year. At least one fellowship will be awarded to a student from each eligible Ohio public and private college or university. An additional statewide fellowship pool will be established from which at least another ten of the highest ranking minority students will be selected. Each recipient shall receive three thousand five hundred dollars each year for two years (seven thousand dollars total). It is expected that this meritorious award will be used to supplement other awards or funds used to attract exceptional students to graduate or graduate professional study in Ohio.

(C) Eligibility requirements

To be eligible for consideration to receive a regents graduate/professional fellowship in any academic year, a student must:

(1) Be a baccalaureate degree graduate during the preceding academic year from an eligible Ohio public or private baccalaureate degree-granting college or university.

(2) Be a United States citizen (non-Ohio residents receiving this award will be granted Ohio residency for tuition surcharge purposes).

(3) Provide evidence of intention (completed application form) to be enrolled as a full-time graduate or graduate professional student in an eligible Ohio institution of higher education.

To retain the fellowship, a student must make satisfactory academic progress as determined by his or her institution.

Students in academic programs which lead to religious vocations are not eligible to participate in the regents graduate/provessional fellowship program.

(D) Definitions

(1) Eligible Ohio colleges

Eligible colleges include all bachelor of arts, bachelor of science, bachelor of music or fine arts degree-granting public and non-profit private colleges with permanent campuses in Ohio and which hold certificates of authorization issued by the Ohio board of regents. University branch campuses are not eligible to submit nominees.

(2) Eligible Ohio graduate or graduate professional colleges and universities

An “eligible graduate or graduate professional college or university” is: (a) an Ohio public-assisted institution of higher education, or (b) an Ohio privately sponsored non-profit institution of higher education with a permanent campus in Ohio and having a certificate of authorization issued by the Ohio board of regents as well as having graduate professional or graduate program(s) approved by the Ohio board of regents.

(3) Full-time student

Full-time graduate status is that as defined by each eligible Ohio institution of higher education for each instructional period.

(4) Satisfactory academic progress

In working toward a masters, doctoral, or graduate professional degree, the student must maintain a grade-point average or other standards of achievement considered by the institution of higher education as satisfactory progress toward receipt of the degree sought by the student.

(5) Academic year

An “academic year” is defined as a consecutive instructional period consisting of three quarters or two semesters, or their equivalent. Summer term is considered a term in the academic year and is a period equivalent to one quarter or one semester.

(6) Minority

For the purposes of this program, minority refers to students whose racial or ethnic group has been generally underrepresented in the higher education population.

(E) Fellowship awards

Each eligible Ohio public or private college or university may nominate three academically outstanding baccalaureate students who will have graduated within the academic year previous to the effective date of the regents graduate/professional fellowship award. At least one of these nominees must be a minority student. The nominees will be rank ordered as the college or university’s first, second and third choice.

The nominee ranked as the first choice of the college or university will be designated to receive a regents graduate/professional fellowship. All minority student nominees not ranked as the first choice by the college or university will be placed into statewide competition for the ten additional regents graduate/professional fellowships.

If for any reason the individual designated by the college or university to receive the regents graduate/professional fellowship is unable to accept the fellowship or fails to meet the eligibility criteria, the nominee ranked next by the college or university will become the designated recipient of the regents graduate/professional fellowship.

If for any reason all three nominees selected by each eligible Ohio public or private college or university are unable to accept the regents graduate/professional fellowship award, or fail to meet the eligibility criteria, the fellowship will be awarded to the first available alternate to the ten fellowships selected from the statewide minority applicant pool.

(F) Application process

Application for the fellowship shall be made through a student’s undergraduate college or university. Fellowship applications are provided to college or university academic advisors by the Ohio board of regents. Section A of the application must be completed and signed by the student applicant. Section B must be completed by a college official, preferably the academic advisor, and signed by the college or university provost or principal academic officer. Specific instructions are printed in the application.

(1) Nominating process

The president of each participating baccalaureate degree-granting college shall appoint a regents graduate/professional fellowship review committee. The role of this committee is to review the credentials and conduct interviews of fellowship candidates, and to submit to the Ohio board of regents via the office of the college president, the names of three fellowship candidates, ranked in order of first, second and third choice. At least one candidate must be a minority student. Each campus-based review committee shall submit their nominees’ names to the primary academic officer of the college or university for endorsement. The president shall then submit the recommendation to the Ohio board of regents by March first.

It shall be the responsibility of the campus-based review committee to submit fellowship applications for students who have clear intentions of enrolling in an Ohio institution of higher education. Students who have not expressed such intentions, either implicitly or explicitly, should not be submitted for consideration.

The fellowship nomination application must include a copy of the student’s actual application for admission to graduate or graduate professional study in Ohio, an official undergraduate transcript and official score report and percentile ranking on the appropriate standardized test, verification of the nominee’s rank in class, three letters of recommendation, and the required essay.

(2) Student eligibility

Eight factors shall be used in selecting nominees for the regents graduate/professional fellowships:

(a) Undergraduate grade-point average;

(b) Official score report and percentile ranking on the appropriate graduate or professional examination, such as GRE, MCAT, or LSAT;

(c) Interview by campus-based review committee;

(d) A written essay submitted to the campus-based review committee. The process for determining the length and current topic for the essay will be determined by the Ohio board of regents in consultation with the regents advisory committee on graduate study;

(e) Consideration of improvement in academic performance as found on the student transcript;

(f) Copy of actual application to graduate study in Ohio;

(g) Three letters of recommendation with at least one from a member of the academic faculty; and

(h) Rank in class.

In order to qualify for an interview, candidates must have a cumulative grade-point average that ranks them among the top of their class as of February first of the students’ senior year or at least a nintieth percentile placement on the appropriate graduate or professional examination. For students who have transferred universities, all previous transcripts must be used to calculate the total undergraduate grade-point average. A class is considered to be the students who are graduating in the same academic year.

Students’ grade-point averages are to be computed on a four-point grading system in which “A”=4, “B”=3, “C”=2, “D”=1, and “F”=0. Other grading systems may not be used. Any grades which reflect other grading systems must be converted before the applicant’s cumulative grade-point average is computed. The applicant’s cumulative grade-point average on February first shall include all previous quarter and semester terms from the freshman, sophomore, junior and senior years.

For graduate or professional examination scores to be considered, the applicant must take the appropriate examination in time for scores to be provided by February first. The applicant’s graduate record examination scores from one examination only are to be reported. If the applicant has taken the GRE examination twice, the most recent scores are to be reported. If a student takes more than one appropriate examination, the student may choose which of the test results to report.

The campus-based interview will serve as the final determining judgment for the naming and rank ordering of the regents graduate/professional fellowship nominees from each eligible college. In making its decisions, the campus-based review committee may use criteria such as past leadership activities, evidence of strength of character and motivation, and especially, intent to study in Ohio.

(3) Statewide fellowship pool

In addition to the approximately seventy fellowships which shall be granted to a nominee of each eligible Ohio public or private college or university, an additional fellowship pool will be available to another ten of the highest ranking minority students from across the state. Each minority nominee ranking below first choice of the eligible college or university will be placed into statewide competition for the additional ten fellowships.

The chancellor of the Ohio board of regents shall appoint the members of a state-level regents graduate/professional fellowship committee which is to be comprised of campus review committee representatives, representatives of the regents advisory committee on graduate study and minority representatives. This state-level committee will review the applications of minority nominees submitted for statewide competition. The committee shall rank order the applicants and may interview candidates before making their final recommendations to the chancellor.

If all three nominees for the regents graduate/professional fellowship award from an eligible Ohio college or university are deemed to be ineligible or for any reason cannot accept the fellowship award, the fellowship will be offered to the next highest ranking student from the state-wide pool of minority applicants.

(4) Notice of award

Each student to whom a fellowship is offered will receive a congratulatory letter in early April from the chancellor of the Ohio board of regents once their admission to graduate or graduate professional college has been officially confirmed by the prospective graduate program. These “designated fellows” will also receive a confirmation letter on which they will indicate acceptance or refusal of the fellowship. This confirmation letter will again ask for the name of the Ohio graduate or graduate professional institution of higher education in which the student will be enrolled and will ask if the student plans to enroll and receive a fellowship payment during the summer term. Confirmation letters must be completed and returned to the student assistance office of the Ohio board of regents no later than the deadline date which appears on the confirmation letter. Failure to return the confirmation letter within the prescribed deadline will result in reassignment of the fellowship. Confirmation letters declining the fellowship are final and may not be changed after they are received by the Ohio board of regents.

Fellowships which are not accepted by first place candidates will be offered to second-ranked students from the college competition.

(G) Payment policies

(1) Duration of fellowship

A student may receive a regents graduate/professional fellowship for a maximum of four semesters or six quarters, provided that the student is making satisfactory academic progress toward a graduate or graduate professional degree. If the student is making satisfactory academic progress, the scholarship is automatically renewed each year for two years. Scholarship benefits shall not exceed three thousand five hundred dollars per academic year or seven thousand dollars for four semesters or six quarters.

Awards are contingent upon the availability of funds from the Ohio general assembly.

(2) Influence on other state or private awards

Receipt of a regents graduate/professional fellowship award will not affect a student’s eligibility for any other source of fellowship or scholarship funds. It is expected that these awards will be added to individual awards from other sources in order to attract exceptional students.

(3) Payment of scholarship

Monetary awards shall be paid in the form of a check sent to the student. The check will be made jointly payable to the student and the student’s graduate institution of higher education. Each amount awarded will be paid in equal installments on a quarter or semester basis.

Students who enroll in institutions with quarter calendars shall receive payments of one thousand one hundred sixty-seven dollars, one thousand one hundred sixty-seven dollars and one thousand one hundred sixty-six dollars. Students who enroll in institutions with semester calendars shall receive two payments of one thousand seven hundred fifty dollars. Checks will be sent each term after the student’s full-time enrollment is confirmed by the institution of higher education attended.

(4) Transfer to another institution of higher education

A student who has received a regents graduate/professional fellowship may transfer to another eligible Ohio institution of higher education provided that the student assistance office of the Ohio board of regents is notified in writing about the transfer no later than fifteen days before the end of the academic term which precedes the term in which the transfer will be effective. Students who transfer between semester-system schools will receive payments of one thousand seven hundred fifty dollars each term. Students who transfer between quarter-system schools will receive payments of one thousand one hundred sixty-seven dollars, one thousand one hundred sixty-seven dollars and one thousand one hundred sixty-six dollars. Students who transfer from a quarter-system school to a semester-system school or vice versa will receive payments as noted in the following chart:

Transfer combinations: S = Semester enrollment Q = Quarter enrollment X = Not enrolled _ = Continuation of semester TERMS PAYMENTS Summer Fall Winter Spring 1. S Q Q X $1750 875 875 0 = $3500 2. X S Q Q $ 0 1750 875 875 = 3500 3. S X Q Q $1750 0 875 875 = 3500 4. S Q X Q $1750 875 0 875 = 3500 5. Q S Q X $1167 1166 1167 0 = 3500 6. X Q S – $ 0 1167 1750 = 2917 7. Q X S – $1167 0 1750 = 2917 8. X S X Q $ 0 1750 0 875 = 2625

Because students may not receive more than one thousand one hundred sixty seven dollars per quarter or one thousand seven hundred fifty dollars per semester, some transfer combinations may mean that students will receive less than three thousand five hundred dollars in an academic year. However, fractional fellowship benefits may be awarded in the last term of eligibility to ensure that total benefits received will equal seven thousand dollars.

(5) Refund for withdrawal during a term

If a regents graduate/professional fellowship recipient discontinues full-time attendance during a term because of illness or other cause deemed beyond the control of the student by the Ohio board of regents, the student 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 as a fellowship received for a full term. A term for which payment is waived shall not be considered a term for which a fellowship was received.

If a student withdraws or drops below full-time enrollment during a term after the fellowship payment has been made, the student will return the unused portion of the fellowship to the Ohio board of regents. The amount due will be prorated on a weekly basis. Students who discontinue full-time attendance during a term and cancel their fellowship will be assessed a refund due to the Ohio board of regents based upon the number of weeks in the term during which the student attended classes. For example, if a student attending a ten-week quarter-system school withdraws from the school or drops below full-time status as defined by the college in the seventh week of classes, the student will refund three-tenths of one thousand one hundred sixty-six dollars or three hundred forty-nine dollars and eighty cents to the Ohio board of regents.

(6) Leave of absence for a quarter or semester

Regents graduate/professional fellowship recipients are required to maintain continuous full-time enrollment for one academic year consisting of two semesters or three quarters each year. A leave of absence may be granted for one or more terms, but no more than three quarters or two semesters. The fellowship student must be re-enrolled the following year or face loss of fellowship funds.

(7) Unsatisfactory academic progress

If a student’s academic record falls below the expected level of performance, the student must resume satisfactory academic progress within a period not exceeding two quarters or one semester of enrollment. For example, if a student’s academic record fails to meet the prescribed standard at the end of the fall quarter or semester of an academic year, the student must bring his or her academic record up to the standard by the end of the third quarter or second semester of that academic year (if the student is enrolled during these terms) to avoid termination of the fellowship. In the interim period, fellowship payment will be withheld.

(H) Payment procedures

(1) Certificate of full-time enrollment and other eligibility requirements

After the start of each term, the Ohio board of regents shall verify each recipient’s enrollment status by means of a “payment roster” which is mailed to the regents graduate/professional fellowship program liaison in each college financial aid office for completion. The student’s institution of higher education also verifies that the student has maintained satisfactory academic progress as determined by the institution. These payment rosters are completed and returned to the Ohio board of regents within fifteen calendar days after the first day of classes in the current term.

Students who do not meet all eligibility requirements in the current term may not receive fellowship benefits in that term.

(2) Issuing scholarship checks

After receiving and processing payment rosters, the student assistance office forwards check requests to the Ohio board of regents’ accounting office where they are processed and forwarded to the office of the treasurer of state. Fellowship checks are written by the treasurer’s office and forwarded to the Ohio board of regents for mailing to fellowship recipients. Fellowship checks are mailed to students at the permanent home addresses which are reported on fellowship applications (unless the board has been notified in writing of an address change).

(I) Important deadlines for scholarship recipients

Students planning to transfer must notify the Ohio board of regents in writing no later than fifteen days before the end of the academic term which precedes the term in which the transfer will be effective.

Summer school enrollment: Students planning to receive the regents graduate/professional fellowship benefits in the summer term must notify the Ohio board of regents in writing no later than May first.

(J) Contact office

“Student Assistance Office Ohio Board of Regents 30 East Broad Street – 36th Floor Columbus, Ohio 43266-0417” 614-466-7420

Correspondence and inquiries: When corresponding with the Ohio board of regents, graduate/professional fellowship recipients must give their social security number, current telephone number and the name of their college or university.

Notice of change: When notifying the Ohio board of regents of name or address changes, college transfer, withdrawals from school, reductions in course load, or when requesting a leave of absence, fellowship recipients should use a “Notice of Change” form which is provided by the Ohio board of regents.

R.C. 119.032 review dates: 07/19/2005 and 07/19/2010

Promulgated Under: 119.03

Statutory Authority: 119.

Rule Amplifies: 3333.25

Prior Effective Dates: 3/26/87

(A) Authority

This rule is adopted under authority conferred upon the Ohio board or regents by section 3345.32 of the Revised Code.

(B) Definitions

(1) “Ohio resident.” Any student considered a resident by an eligible institution of education in accordance with Ohio board of regents residency rule, rule 3333-1-10 of the Administrative Code.

(2) “Institution of higher education.” An institution of higher education is: (a) an Ohio or Pennsylvania public-assisted college or university; or (b) an accredited Ohio privately sponsored non-profit college or university having a “Certificate of Authorization” issued by the Ohio board of regents and a Pennsylvania privately sponsored non-profit college or university which is comparably authorized by the state of Pennsylvania; or (c) an accredited diploma school of nursing having a “Certificate of Authorization” issued by the Ohio board of regents and a Pennsylvania diploma school of nursing comparably approved by the state of Pennsylvania; or (d) an accredited proprietary school that has received a “Certificate of Registration” from the state board of school and college registration and awards an associate degree, or as of February 24, 1983, awards a bachelors degree and comparable Pennsylvania schools approved by the state of Pennsylvania.

(C) Eligibility requirements

To qualify for benefits provided under section 3333.12, 3333.21, 3333.22, 3333.26, 3333.27, 5910.03 and 5910.032 of the Revised Code and be charged instate tuition by an Ohio public-assisted institution, any male Ohio resident attending an institution of higher education must be registered with or qualify for the exemptions to registration of the selective service system in accordance with the Military Selective Service Act, 62 Stat. 604, U.S.C.A.P.P. 453, as amended.

(D) Statement of selective service status

(1) Each institution of higher education shall prepare a “Statement of Selective Service Status” form and shall require each male student who is an Ohio resident to complete the form. The form shall include a statement to be signed by the student confirming that he has registered with the selective service system in accordance with the Military Selective Service Act, 62 Stat. 604, U.S.C.A.P.P. 453, as amended. A place shall be provided for the student to record his selective service registration number. The form shall also include a section to be completed by those male students not required to register with the selective service for one of the following reasons:

(a) He is under the age of eighteen or has at least attained the age of twenty-six;

(b) He is on active duty with the armed forces of the United States other than for training in a reserve or national guard unit;

(c) He is a non-immigrant alien lawfully in the United States in accordance with section 101(a)(15) of the Immigration and Nationality Act, U.S.C. 1101, as amended;

(d) He is not a citizen of the United States and is a permanent resident of the Trust Territory of the Pacific Islands or the Northern Mariana Islands.

(2) As an option of paragraph (D)(1) above, an institution may verify selective service registration of male students who are Ohio residents and required to be registered (not exempt as provided by paragraphs (D)(1)(a) to (D)(1)(d) of this rule) by obtaining each student’s selective service number from the selective service system. The institution will be required to implement paragraph (D)(1) of this rule for those students that do not have a registration number on file with the selective service system.

(3) Students who are exempt from selective service registration because they are under eighteen years of age shall be required to complete a new “Statement of Selective Service Status” form in each term of enrollment until such time that registration is certified.

(E) Institutional certification requirements

(1) Effective the winter term, quarter or semester of the 1986-87 academic year, and each term, quarter or semester thereafter, all institutions of higher education submitting to the board of regents payment requests for male students otherwise eligible under sections 3333.12, 3333.21, 3333.22, 3333.27, 5910.03 and 5910.032 of the Revised Code, shall certify that all such students have met the selective service registration requirement in accordance with the Military Selective Service Act, 62 Stat. 604, 50 U.S.C.A.P.P. 453, as amended. No payment shall be requested by the institution for any male student who has failed to meet the selective service registration requirements and does not qualify for exemption of the registration requirement.

(2) Effective the winter term, quarter or semester of the 1986-87 academic year, and each term, quarter or semester thereafter, male students who are Ohio residents attending a public-assisted institution of higher education shall be charged the tuition surcharge assessed students who are not residents of the state if such male students have failed to meet the selective service registration requirements and do not qualify for exemption of the registration requirements.

(3) Male students attending a public-assisted institution of higher education who are otherwise eligible to receive the tuition waiver benefits provided under section 3333.26 of the Revised Code shall be charged the instate tuition fees plus any tuition surcharge charged students who are not residents of the state if such students have failed to meet the selective service registration requirement.

R.C. 119.032 review dates: 07/19/2005 and 07/19/2010

Promulgated Under: 119.03

Statutory Authority: 119.

Rule Amplifies: 3345.32, 3333.12, 3333.21, 3333.22, 3333.26, 3333.27, 5910.03, 5910.032

Prior Effective Dates: 3/26/87

(A) Authority

This rule is adopted pursuant to the requirement of section 3333.042 of the Revised Code, as enacted in House Bill 111 of the 118th General Assembly.

(B) Preparation of budget requests

When distributing forms and instructions related to the preparation of operating and capital budget requests, the board of regents shall ensure that the Ohio aerospace institute receives copies and has the opportunity to forward requests for funding.

(C) Distribution of operating subsidies

If the state of Ohio appropriates funds to subsidize the operations of the Ohio aerospace institute, the board of regents shall release those funds only after the institute has provided a budget showing its sources and proposed uses of funds. The Ohio aerospace institute shall also provide to the Ohio board of regents audited financial statements within six months of the close of the institute’s fiscal year.

(D) Capital improvements

Prior to the release of capital appropriations made to the Ohio board of regents for the purposes of the Ohio aerospace institute, the board of regents shall enter into an agreement with the institute that specifies that the facilities funded by the state shall be used for the purposes of aerospace education and research. The agreement shall meet the requirements of rule 3333-1-03 of the Administrative Code regarding agreements between higher education institutions and separate nonprofit corporations; except the requirements of paragraph (E)(10) of rule 3333-1-03 of the Administrative Code which deals with reimbursement from capital appropriations to an institution for administrative costs.

R.C. 119.032 review dates: 07/19/2005 and 07/19/2010

Promulgated Under: 119.03

Statutory Authority: 3333.042

Rule Amplifies: 3333.042

Prior Effective Dates: 3/2/90

(A) Authority

This rule is established by authority conferred upon the Ohio board of regents in the appropriation acts for capital improvements adopted by the general assembly and pursuant to the requirements of Chapter 119. of the Revised Code.

(B) Definitions

As used in this rule:

(1) “Action funds” means a program that awards outright grants to projects initiated by eligible institutions which meet the criteria and conditions described in this rule.

(2) “Investment funds” means a program that provides interest-free loans to projects initiated by eligible institutions which meet the criteria and conditions described in this rule.

(3) “Required match” means the amount of money an institution must pledge as required by an external funding agency in support of a proposed project for which they are seeking funds. The match does not include in-kind contributions by the institution.

(4) “Institutional liaison” means an academic or fiscal officer of an eligible institution with full-time status as an employee and who has been identified by the president of the institution as the liaison to the Ohio board of regents for the purposes of the programs described in this rule.

(5) “Ohio council on research and economic development” means a volunteer council appointed by the chancellor of the Ohio board of regents to advise her/him on short and long-term programmatic options for improving the research and economic development activities of the Ohio board of regents and the state-assisted colleges and universities. The council serves at the invitation of the chancellor.

(6) “Major construction and/or renovation” means building and renovation projects, including instrumentation, for which the total project costs exceed two hundred fifty thousand dollars for action fund proposals, and two hundred thousand dollars for investment fund proposals.

(7) “Research facilities” means any building, or part of a building, structure, facility, site or other interest in real estate used in connection with the conduct or operation of an educational institution for research by faculty, students or staff of that institution.

(8) “Multi-campus research consortium” means two or more universities and/or colleges in mutual, collaborative planning and implementation of a research project. A multi-campus research consortium should demonstrate increased efficiency and effectiveness in the use of state resources and in the impact that can be achieved through collaboration. The board of regents may request that the university research officers and two college representatives acting as an advisory council to the board provide advice on the quality and authenticity of multi-campus research consortia.

(C) Scope and purpose

The “action and investment funds” provide grants and loans, in a timely manner, to eligible institutions of higher education for the construction and/or renovation of research facilities and/or instrumentation.

(D) Eligibility

Eligibility is limited to Ohio’s state-assisted colleges and universities and two independent graduate research universities (Case Western Reserve university and the university of Dayton). These schools shall be encouraged, through the consortial principle detailed in this paragraph, to link up with research strengths in other Ohio institutions to ensure that Ohio’s resources are fully and efficiently employed. As a general principle, the board of regents encourages research projects that exhibit a local, regional, or statewide consortia approach. This approach includes, but is not limited to: the cooperative use of instrumentation and facilities by researchers from other eligible institutions; collaborative research projects; the establishment of inter-university research institutes or centers; and programs that aid the articulation of students into and through higher education.

(E) Management of the funds

The college or university shall appoint an officer as liaison to the board of regents for all action and investment fund requests. Only requests received from this officer or from a designee shall be considered. The board of regents shall maintain an online database of the projects which have received action and investment fund support. The institutional liaison officers may be asked to assist in monitoring these commitments so that the board’s staff will be able to make the best possible use of resources. The Ohio council on research and economic development will be charged with developing recommendations for the use of the funds to be presented to the board of regents; and assisting the staff in conducting an annual review of the effectiveness of the funds to prepare recommendations for the board of regents.

(F) Procedures for application

(1) The action fund is a grant program which combines state support with institutional or other funds for capital projects in order to leverage major awards by federal and private agency programs, especially those that require a competitive review.

(2) Limits and conditions for action fund support:

(a) Categories of support are limited to new construction, expansion or renovation of existing research facilities, and/or the purchase of major research equipment and instrumentation to be used for research and research-oriented instructional programs.

(b) “Major awards” means total project costs of two hundred and fifty thousand dollars or more. The minimum action fund commitment is sixty thousand dollars and the maximum is three million dollars.

(c) For the purpose of review, there are three categories of proposals to the action fund: proposals that are peer reviewed and have a required institutional cost share; proposals that are peer reviewed but do not have a required level of institutional participation; and proposals that do not receive a peer review on the national level. The federal agencies whose programs are eligible for action fund leverage without further review at the state-level include those from the national science foundation, the national institutes of health, and a few other agencies that have a required match or participation from the institution. Those proposals not meeting the criteria for national peer review and/or a required level of participation by the institution described above will be considered according to the procedures for review established for the investment fund described in paragraph (F)(8)(b) to (F)(8)(f) of this rule.

A list of all agencies and/or programs considered to have national peer review will be available from the board of regents.

(d) Action fund commitments are conditional and pledged in support of a specific project proposal and for a limited period of time. If the designated sponsor does not support the proposal within the stipulated period of time, the pledge of support is canceled.

(e) The action fund is intended as an enhancement that strengthens a proposal that an institution would submit in any case; it is not a substitute for institutional commitment. Action funds shall be used only for capital expenditures and only to match institutional capital expenditures of an equal or greater amount; the sponsor’s funds may or may not be for capital costs. Action funds shall match only cash-cost sharing.

(i) The action fund contribution may be used to replace up to fifty per cent of the institution’s required match or participation.

(ii) If there is no required level of institutional participation or matching, action funds may be used to match up to fifty per cent of the institutional cost share.

(3) Request for action funds:

The request for an action fund commitment should include the following four components: a letter from the institutional liaison(s); a summary or abstract of the most current draft of the proposal narrative and the proposal budget; a separate budget showing the commitment of all parties including the action fund and the sponsor(s); and a brief narrative describing the consortia arrangements (if applicable), the project’s impact on the strategic needs of the state together with a description of the role that it will have in addressing the human resources needs of the discipline(s) involved described in the section on educational activities, paragraph (G) of this rule.

(a) Institutional letter: The letter shall be signed by the institutional liaison(s) to the action fund and must request a specific amount of money from the fund. The project title and principal investigator and/or project director’s name, address, and telephone number(s) shall be listed to enable the regents’ staff to ask questions during the review period. The institution shall propose a time limit for the pledged support; typically this will coincide with the sponsor’s stated award date.

(b) Proposal: A summary or abstract of the most recent version of the proposal narrative shall be attached to the request. The narrative shall include sufficient information for the staff to identify the nature of the research project or program being proposed and the work plan, etc. A copy of the full proposal shall be available if requested by the board’s staff. A copy of the proposal’s budget shall be included.

(c) Budget: A separate budget shall be prepared which identifies the contributions of the agency, institution, and action fund to the total project costs. The budget shall identify the major areas of expenditure.

(d) Narrative: A brief narrative shall be included which describes the project’s impact on the strategic needs of the state, including its quality of life; a description of the role of the project in addressing the human resources needs of the discipline(s) involved described in the section on educational activities, paragraph (G) of this rule; and any consortia arrangements or planning involved in the project’s activities.

(4) Action fund proposal review

(a) All requests for required-match peer-reviewed grants shall be received by the board of regents no later than three weeks before the sponsoring agency’s published deadline for receipt of proposals. Proposals will be accepted up to seven working days before the agencies’ deadlines in extraordinary circumstances. Requests received after that time shall not be considered. Requests for non-peer reviewed grants or those not requiring a match by the institution shall be received at least five weeks before the sponsoring agency’s published deadline.

(b) Required matching, peer-reviewed fund proposals: requests for action fund support for a portion of a required match shall be reviewed by the staff with the advice of the board of regents’ Academic and special programs committee and the university research officers and two college representatives to determine if the request follows the guidelines described in paragraphs (F)(3)(a) to (F)(3)(d) of this rule and meets the criteria of peer-reviewed and requiring a institutional match. The staff shall forward a recommendation to the chancellor.

(c) A copy of the “Request for Proposals” or “Program Announcement” and description of the peer review procedures shall be available for regents’ staff review.

(d) Non-required match or non-peer reviewed fund proposals: Requests for action fund support for proposals not requiring a match and/or not receiving a peer review shall be reviewed following the procedures outlined for investment fund requests and described in paragraphs (F)(8)(b) to (F)(8)(f) of this rule.

(e) A report of all applications for and awards made under these procedures shall be forwarded to the President of the Ohio senate and the speaker of the Ohio house of representatives on a regular basis.

(5) The investment fund is a loan program which assists, in a timely fashion, in major construction and/or renovation to campus research facilities. The funds shall be distributed in one or more competitive rounds each year, with total funding limited to the amount currently allocated for that purpose by the board of regents.

(6) Limits and conditions of support for investment fund proposals

(a) Categories of support are limited to major construction or renovation of campus research buildings or that portion of campus buildings which shall be used principally for research and research-oriented instructional activities.

(b) Minimum investment fund participation shall be two hundred thousand dollars; the maximum shall be three million dollars.

(c) Investment fund loans shall be interest-free.

(d) Loans shall normally be repaid over a ten-year period from the time funds are available. Institutions shall have the option of delaying the initial payments for one to three years, although in such cases the yearly payment must be at a higher rate to permit repayment within the remaining portion of the ten-year period. A delayed payment schedule shall be proposed at the time of the original request. In the case of very large loans (in excess of two million five hundred thousand dollars), a fifteen-year repayment schedule may be considered.

(e) Repayments of loans shall be deposited to the higher education improvement fund (fund 034).

(f) A maximum for any one institution’s share of the total investment fund may be set by the board.

(g) Priority shall be given to investment fund proposals for facilities and research groups which have attracted other, non-state funds and which clearly add to the competitiveness of the state’s institutions for future research funding.

(7) Investment fund grants for multi-campus research consortia

(A) In order that collaborative research projects may be encouraged, the board of regents may make investment grants to multi-campus research consortia. The conditions and limitations of paragraphs (F)(6)(a), (b), (f) and (g) of this rule apply. These grants will not require repayment.

(B) Priority shall be given to investment grant proposals from multi-campus research consortia that demonstrate a high probability of attracting future federal or other external funding and that combine state resources in a manner that increases the competitiveness of Ohio universities in external grant funding competitions.

(C) Projects from multi-campus research consortia should include an evaluation component to assess such cost-effectiveness.

(D) Any consortium must be one that is legally constituted and that complies with all applicable Ohio law.

(8) Requests for investment funds

A request for investment funds shall include at least three components: a letter and a narrative report from the institution describing the project; a copy of any feasibility or planning studies that outline the construction and/or renovation planned; and a total project budget.

(a) Institutional letter: The letter shall be signed by the chief research and fiscal officers of the institution and shall request a specific amount of money from the investment fund. The project name and a brief description of the nature and timetable for the project and for repayment shall be included in this letter.

Narrative report: The narrative report shall include a description of: the nature of the research activities to be housed in the facility; the scholarly merit of these activities; the project’s impact on the strategic needs of the state; the role of the project in addressing the human resource needs of the discipline(s) involved as described in the section on educational activities, paragraph (G) of this rule; the role of the investment in leveraging additional resources and attracting long-term economic development for Ohio; and the funding and research opportunities a positive board decision would provide the institution.

(b) Studies: Copies of any feasibility and/or planning studies that outline the construction and/or renovation planned for the specific facilities shall be included.

(c) Budget: A separate budget shall be prepared which identifies the costs for planning and construction/renovation of the facilities and the timetable for the project.

(9) Investment fund proposal review

(a) The distribution of monies from the investment fund shall be made in one or more competitive rounds each year. A request for proposals shall be issued by the board of regents before the review.

(b) All proposals shall be reviewed by the board of regents staff with the advice of the university research officers and two college representatives acting as an advisory council to the board and, if necessary, statewide research advisory councils. The research Officers shall advise the board on issues of:

(i) The level of support requested, which can include an analysis of the adequacy of the funds to support the proposed activities or facilities and the strength of institutional commitment;

(ii) The collaborative opportunities of the project, which can include an analysis of the project planning process, research-oriented instructional activities, or potential for cooperative use of the facilities and/or instrumentation;

(iii) The scientific merit of the activity which can include the value of the proposed activities to the discipline and/or the strengthen of Ohio’s research infrastructure.

(c) The board’s staff and the research officers’ council may seek a consultant to help determine scientific merit and/or the feasibility of plan.

(d) Research advisory councils may assist the board on questions of scientific merit; collaborative opportunities; and the level of support as described in paragraph (F)(8)(b) of this rule. The statewide research advisory councils may be convened in broadly defined disciplinary groups of faculty and researchers from the state-assisted colleges and universities which are eligible for action and investment funds.

(e) The board’s staff shall make recommendations for support, including funding levels, to the chancellor who shall forward recommendations to the board.

(f) A report of all applications for and awards made under these procedures shall be forwarded to the president of the Ohio senate and the speaker of the Ohio house of representatives on a regular basis.

(G) Educational activities

Colleges and universities proposing to use action and investment fund monies are required to describe the contribution the project makes to research-oriented instructional activities and development of human resources. This statement may include, but is not limited to, the role of research in student training, course preparation, and seminars. Special effectiveness or achievement in the area of producing professionals from groups presently under-represented in the discipline should be described. Finally, the descriptions must specify actions to be taken by the proposing program.

R.C. 119.032 review dates: 07/19/2005 and 07/19/2010

Promulgated Under: 119.03

Statutory Authority: 3333.04

Rule Amplifies: n/a

Prior Effective Dates: 2/1/91, 3/2/90

(A) Intent and authority

(1) It is the intent of the board of regents in promulgating this rule to establish and administer a nurse education assistance loan program which will provide financial assistance to eligible students while providing an incentive for these students to engage in the practice of nursing in the state of Ohio upon completion of their academic programs.

(2) This rule is adopted under the authority conferred upon the board of regents by section 3333.28 of the Revised Code.

(B) Definitions

For purposes of this rule:

(1) A “loan” shall mean the total principal amount of all nurse education assistance program funds awarded to a student plus interest assessed by the board of regents.

(2) An “approved nurse education program” shall mean a prelicensure nurse education program offered by an institution which is approved by the Ohio board of nursing under section 4723.06 of the Revised Code or a postlicensure nurse education program approved by the board of regents 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.

(3) An “institution” shall mean a hospital school of nursing, or a non-profit college, university or vocational school which offers an approved nurse education program.

(4) An “Ohio resident” shall mean any person who meets the requirements of Ohio board of regents’ rule 3333-1-10 of the Administrative Code. Verification of Ohio residency for these purposes shall be provided by the institution in which the student is enrolled. Institutions shall provide students with a fair and adequate opportunity to present proof of their Ohio residency.

(5) “Half-time enrollment” shall mean an academic course load which is at least one-half of the normal full-time course load as determined by the institution in which the student is enrolled.

(6) “Educational expenses” shall mean charges assessed by the student’s institution for instructional and general fees (“tuition”), laboratory fees, books and supplies, room and board, transportation, and other miscellaneous expenses.

(7) “Expected family contribution” shall mean the measure of a student’s or a family’s ability to contribute to the cost of education from the student’s or the family’s financial resources. An expected family contribution for these purposes shall be calculated by means of a federally approved need analysis formula designated by the board of regents.

(8) The “direct clinical practice of nursing” shall mean full-time employment in an occupation which requires licensure by the Ohio board of nursing and in which the employee is required to apply the knowledge and skills gained in her or his nurse education program.

(9) A “deferment” is an agreement between the borrower and the board of regents which authorizes the borrower to temporarily stop performance of the service obligation or repayment of the loan during specified periods of time. No interest shall accrue during any deferment period.

(10) “Total service obligation” shall mean a period of four consecutive years following completion of the approved nurse education program during which time the borrower is employed in the clinical practice of nursing in the state of Ohio.

(11) The “designated agency” shall mean a public agency or private firm which provides services to the board of regents, under a contractual agreement, for the processing of loans which are in repayment, delinquent or in default.

(C) Eligibility requirements

To be eligible to receive a nurse education assistance loan a student must:

(1) Be an Ohio resident.

(2) Be a citizen, a national, or a permanent resident of the United States; or be in the United States for other than a temporary purpose and intend to become a permanent resident; or be a permanent resident of the Trust Territory of the Pacific Islands or the Northern Mariana Islands.

(3) Be enrolled in or be accepted for enrollment in an approved nurse education program for at least half-time study. The board of regents may require documentary evidence of compliance with this requirement.

(4) Provide an expected family contribution value which has been determined in accordance with paragraph (B) (7) of this rule.

(5) Show evidence of an intention to engage in the direct clinical practice of nursing in the state of Ohio upon completion of her or his academic program.

(6) Not owe a refund to, or be in default on, any state educational loan program or any federal educational loan or grant program covered under Title iv of the Higher Education Act, as amended.

(D) Application procedures

(1) Application forms shall be developed and distributed by the board of regents. Completed application forms shall be submitted to the board of regents for processing.

(2) The board of regents shall establish and disseminate a timetable for application and loan processing.

(3) The applicant is responsible for completion of an application/promissory note. A statement of rights and responsibilities must also be signed prior to the disbursal of loan funds. By signing the application/promissory note, the borrower promises to repay the loan in accordance with conditions set forth in the document.

(4) If an applicant is under the age of eighteen or has not established a favorable credit record, the board of regents may ask that the applicant seek a comaker in the making of a loan. The inability to secure a comaker will not, however, preclude any applicant from consideration.

(5) Each applicant shall be required to report an expected family contribution on the application form. The calculation of a family contribution requires the completion of a federally approved need analysis application prior to completion of the nurse education assistance loan application. Documentation of the family contribution must be provided.

(E) Awarding loans

(1) Each year the board of regents shall determine the number of loans which are available to be awarded. Available loans shall be apportioned by professional category in the following manner:

(a) Fifty percent of available loan funds shall be awarded to prelicensure professional nursing students. This category does not include licensed practical nurses.

(b) Twenty-five percent of available loan funds shall be awarded to practical nursing students.

(c) Twenty-five percent of available loan funds shall be awarded to continuation students. This category includes LPNs enrolled in approved prelicensure professional nursing education programs, postlicensure RNs enrolled in approved baccalaureate nursing programs and postlicensure RNs enrolled in approved graduate programs.

(2) If sufficient applications are not received to fully meet the established categorical apportionment of available loan funds, remaining loan funds shall be awarded without regard to category on the basis of relative financial need as evidenced by the expected family contribution.

(3) If sufficient funds are available, as determined by the board of regents, loan assistance will be awarded to all eligible applicants. If available funds are not sufficient to award loans to all eligible applicants, as determined by the board of regents, all eligible applications received prior to the established deadline will be ranked within each category on the basis of relative financial need as evidenced by the expected family contribution with preference given to the lowest expected family contribution in the awarding of loans. The board of regents may consider other factors in the ranking of applications.

(4) The maximum annual loan amount for each student shall be determined by the board of regents and shall not exceed three thousand dollars. In determining the annual amount of each loan, the board shall consider the student’s educational expenses, the expected family contribution and other financial aid awarded to the student. Loans may be awarded for a maximum of twelve (12) quarters or eight semesters or the equivalent. The total aggregate loan amount shall not exceed twelve thousand dollars.

(F) Loan disbursal

(1) If the applicant has not been accepted into an approved nurse education program at the time of application for the loan, documentary evidence must be provided by the applicant of such acceptance before the loan is disbursed.

(2) After completion of the application / promissory note and statement of rights and responsibilities, and upon receipt of eligibility verification, the board of regents shall disburse the funds to the borrower’s institution to cover educational expenses. Disbursements are co-payable to the applicant and the institution.

(3) Loan benefits shall not be disbursed during any term in which the borrower is not in good academic standing as defined by her or his institution. A borrower who is not in good academic standing shall be required to bring her or his academic record up to the required standard within two academic terms or the loan shall go into repayment.

(4) The loan shall be disbursed in equal portions over two or three terms of the academic year.

(G) Influence on other awards

The receipt of a nurse education assistance loan shall not affect a student’s eligibility for assistance, or the amount of that assistance, granted under section 3333.12, 3333.26, 3333.27, 5910.03, 5910.032 or 5919.43 of the Revised Code.

(H) Loan renewal

(1) A loan may be renewed for a maximum of three years following the year in which the initial loan is made. To qualify for loan renewal, the borrower must continue to meet all eligibility requirements set forth in paragraph (D) of this rule and must maintain an academic record which places her or him in good academic standing as defined by the institution.

(2) Completion of an application/promissory note is required each year for loan renewal.

(3) The Ohio board of regents shall, in consultation with the Ohio board of nursing, determine a reasonable percentage of funds to be held in reserve in order to provide loan renewals for continuing students.

(I) Loan forgiveness

(1) After graduation from an approved nurse education program, the borrower may be eligible for debt cancellation at a rate of twenty percent per year, for a maximum of four years, for each year in which the borrower is employed full-time in the direct clinical practice of nursing in the state of Ohio.

(2) To qualify for loan forgiveness the borrower must secure full-time employment in the direct clinical practice of nursing in Ohio within a period not to exceed six months following graduation from the approved nurse education program.

(3) While fulfilling the service obligation, the borrower shall be required to provide periodic evidence of full-time employment as required by the board of regents.

(4) A deferment of the service obligation may be granted for up to one year for any circumstances which constitute an unusual hardship, as judged by the board of regents. These circumstances may include serious illness, pregnancy, disability, inability to secure employment or involuntary termination of employment.

(5) Borrowers who do not complete an approved nurse education program are not eligible for loan forgiveness and must repay the loan in full, plus interest.

(J) Repayment

(1) The board of regents shall have the authority to enter into a contractual agreement with a public or private agency for services needed to manage the repayment of nurse education assistance loans and the collection of delinquent or defaulted loans.

(2) The interest rate on the loan shall be set by the board of regents.

(3) Repayment of the principal amount of the loan and interest shall be deferred during the following periods:

(a) While the borrower is enrolled in an approved nurse education program, provided that the borrower continues to meet all eligibility requirements;

(b) While the borrower is seeking employment to fulfill the service obligation, during a period not to exceed six months;

(c) While the borrower is fulfilling the service obligation;

(d) During a period not to exceed one calendar year, after which time a borrower has failed the state nursing licensing examination for the first time. This deferment period shall end thirty days after the borrower passes the state nursing licensing examination on the second attempt. If the borrower fails to pass the state nursing licensing examination on the second attempt, the loan plus interest shall go into repayment immediately.

(e) During an authorized deferment.

(4) Repayment of the outstanding principal amount of the loan plus interest shall be made to the board of regents or the designated agency and shall begin on the occasion of one or more of the following events:

(a) The borrower drops out of school without an approved deferment;

(b) The borrower is not in good academic standing for more than two consecutive terms;

(c) The borrower drops out of the approved nurse education program;

(d) The borrower fails to complete the total service obligation.

(5) The terms of repayment, including the length of the repayment period and the date on which the first payment is due, shall be agreed upon by the borrower and the board of regents or the designated agency and shall be set forth in a disclosure statement. The disclosure statement shall also include the total amount of interest owed on the loan.

(6) The total repayment period shall not exceed ten years.

(7) The minimum monthly repayment amount shall be determined by the board of regents.

(K) Delinquency and default

(1) A borrower is delinquent when a loan payment is a minimum of thirty days late. The board of regents or the designated agency shall use diligent efforts to collect on a delinquent loan and may seek assistance from the office of the Ohio attorney general.

(2) A loan is considered to be in default when it is one hundred twenty days delinquent. A loan which is in default shall be declared due in full and the borrower shall be disqualified from any debt cancellation benefits. The board of regents or the designated agency shall use diligent efforts to collect on a loan which is in default and may seek assistance from the office of the Ohio attorney general.

(L) Cancellation

(1) The entire debt or service obligation shall be canceled if:

(a) The borrower dies, or

(b) The borrower becomes totally and permanently disabled and the borrower provides a statement from a licensed physician verifying this condition.

(M) Promoting the program

The board of regents shall promote public awareness of the nurse education assistance loan program by disseminating information to high school guidance offices, college financial aid offices and community service agencies. In addition, special efforts shall be made to promote the program and the nursing profession among groups who have been historically underrepresented in nursing careers.

R.C. 119.032 review dates: 07/19/2005 and 07/19/2010

Promulgated Under: 119.03

Statutory Authority: 3333.28

Rule Amplifies: 3333.28

Prior Effective Dates: 8/21/00, 8/21/05, 12/22/03

(A) Intent and authority

(1) It is the intent of the Ohio board of regents in promulgating this rule to establish standards for the approval or disapproval of service districts for two year colleges and university branches in Ohio as defined in sections 3333, 3354, 3357, and 3358 of the Revised Code.

(2) This rule is adopted under authority conferred upon the Ohio board of regents by section 3333.04 of the Revised Code pursuant to Chapter 119.03 of the Revised Code.

(B) Definitions

For purpose of this rule:

(1) “Service districts” shall be defined as the statutory districts for technical colleges, community colleges, state community colleges and university branch districts as defined in sections 3354.01, 3355.01, 3357.01 and 3358.01 of the Revised Code.

(2) The “nine service expectations” as used in this rule shall mean the nine education service standards for two-year colleges and campuses as set forth in divisions (A)(1) to (A)(9) of section 3333.20 of the Revised Code.

(3) “Distinct and non-overlapping” as used in this rule shall mean technical college, community college, state community college and university branch districts which are distinct in that they consist of one county, school district or educational service center or several contiguous counties, school districts or educational service centers and are not overlapping in that they are not part of another service district.

(4) “Absence of adequate service delivery” is defined as failure by a technical college, community college, state community college or university branch to meet the nine service expectations specified in divisions (A)(1) to (A)(9) of section 3333.20 of the Revised Code.

(5) “Failure to serve effectively” is defined as failure by a technical college, community college, state community college or university branch to meet, to the satisfaction of the Ohio board of regents, for two consecutive biennia all of the nine service expectations specified in divisions (A)(1) to (A)(9) of section 3333.20 of the Revised Code, in each of the four years.

(C) Approval or disapproval of the creation of service districts for two year campuses.

The board of regents will apply the following process and standards in deciding whether to approve or disapprove the creation of service districts for higher education:

(1) The college or university branch for which the new service district is proposed shall prepare a self study. The self study shall address the higher education needs of community residents, the higher education needs of the community at large and the higher education needs of the state. The self study shall clearly document the existence of unmet higher education needs, and demonstrate the capability of the proposed service provider to deliver the nine service expectations.

(2) The staff of the Ohio board of regents will review and evaluate the self study. The staff will consider in its review an evaluation of the academic quality and integrity of the program proposed for the new district; overall financial viability of the proposed district; the impact of the new district on other higher education institutions, both public and independent; and community and legislative support for the new district.

(3) In reaching a final decision on whether to approve or disapprove a service district. The Ohio board of regents will consider the following:

(a) The evaluation by the Ohio board of regents’ staff regarding the self-study;

(b) Whether the proposed service district is distinct and non-overlapping;

(c) An absence of adequate service delivery or failure to serve effectively by current providers;

(d) Ability to improve the delivery of higher education services;

(e) Evidence of adequate current operating revenue based on projected enrollment so as to assure access to a quality education at an affordable cost and that said revenues approximate revenues that would be available with a local tax levy;

(f) Whether the population of the proposed district meets the minimum statutory requirements;

(g) Present and potential student enrollment;

(h) Present and potential higher education facilities in the district;

(i) Such other factors as pertain to the higher education needs of the district.

R.C. 119.032 review dates: 07/19/2005 and 07/19/2010

Promulgated Under: 111.15

Statutory Authority: 3333.04

Rule Amplifies: 3354.02, 3357.02, 3358.02

Prior Effective Dates: 4/5/99

(A) Authority

(1) This rule is established by authority conferred upon the Ohio board of regents in section 3345.50 of the Revised Code.

(B) Background

(1) Section 3345.50 of the Revised Code allows institutions to locally administer any capital project for which the total amount of funds expected to be appropriated by the general assembly does not exceed four million dollars.

(2) Section 3345.50 of the Revised Code provides for the board of regents and department of administrative services to grant local administration authority for capital projects which will exceed four million dollars in state capital appropriations on a case by case basis, subject to the criteria established by this rule.

(C) Definitions

(1) “Institution” means a state university, a state community college, the northeastern Ohio universities college of medicine, and the medical college of Ohio at Toledo.

(2) “Capital project” means a project which consists of construction, reconstruction, improvement, renovation, enlargement, or alteration, or other structural improvements, or the installation of heating, cooling, or ventilating plant or other equipment or material supplied therefore.

(3) “Contract documents” means the standard conditions of contract for construction and the agreement for professional design services for design associates, engineers and construction managers.

(4) “Institutional Designee” means the individual designated by the institution as the principal contact for all capital projects for which local administration has been granted. The “Institutional Designee” may be either a university architect or director of capital facilities or community college vice president.

(D) Process and criteria for permitting local administration of capital projects which exceed four million dollars in state capital appropriations

(1) Biennial application

(a) Capital projects which receive or are expected to receive state capital appropriations over one or more bienniums in excess of four million dollars may be locally administered provided the following criteria are met as determined by the chancellor of the board of regents or designee and the director of administrative services or designee. If both do not concur, the institution shall be notified of the reason. If approved, local administration shall be granted for the life of the project, subject to paragraph D(2)(b) of this rule.

(b) Except as provided in paragraph (D)(3) of this rule, each biennium, an institution may request local administration of such capital projects.

(c) As part of the biennial process for granting local administration authority, the institution shall submit the following for the review and approval by the chancellor of the board of regents or designee and the director of administrative services or designee. If both do not concur, the institution shall be notified of the reason.

(i) The name and credentials supporting the individual serving as the “Institutional Designee” for both ongoing and new capital projects.

(ii) The anticipated staffing levels for both ongoing and new capital projects.

(iii) Evidence of the institution’s previous project management experience. The institution shall submit a list of locally administered projects; the project’s total budget amount; the square footage of the project (if applicable); the project schedule; the project management team; and the current status of the project, using the status levels defined by the board of regents.

(iv) A listing of projects for which local administration authority is requested. The list shall include the project name; project description; total project budget amount; level of local funding contributed to the project; expected start date and the project management team.

(v) Any other information requested by the chancellor of the board of regents or designee or the director of administrative services or designee.

(vi) If staffing or material conditions change once local administration authority has been granted, the institution shall notify the chancellor of the board of regents or designee and the director of administrative services or designee.

(2) Revocation of local administration

(a) Revocation of the approval to locally administer a capital project may occur if an institution fails to demonstrate an ability to properly manage their capital projects and/or fails to comply with the requirements of this rule during the capital project.

(b) If the director of the department of administrative services or designee with concurrence of the chancellor of the board of regents or designee determines that an institution has failed to demonstrate an ability to properly manage their capital projects and/or has failed to comply with the requirements of this rule then project administration shall be assigned to the office of the state architect in the department of administrative services.

(3) Mid cycle applications

(a) An institution may request local administration authority for projects not approved as part of the biennial process, either because the institution had not requested local administration authority or because the institution has responded to the problem(s) causing earlier denial.

(b) Once the office of the state architect in the department of administrative services has begun administration of a capital project the granting of local administration is at the discretion of the director of administrative services or designee and the chancellor of the board of regents or designee, subject to the requirements of this rule.

(E) Requirements for the local administration of capital projects which exceed four million dollars in state capital appropriations

(1) An institution shall use the contract documents for design associates and engineers, construction managers and contracts for construction developed by the department of administrative services, as amended periodically.

(a) An institution may modify the contract documents where necessary for the specific needs of a particular project and to identify the institution as the contracting entity.

(b) The department of administrative services shall be notified of any contract modification beyond changes to identify the institution as the contracting entity. The department of administrative services may disapprove such modifications.

(2) An institution shall comply with all applicable state laws governing public improvement (capital) projects, including, but not limited to, Chapter 153. of the Revised Code; sections 9.31 to 9.333 of the Revised Code.

(3) An institution shall advertise for the selection of a design associate for a capital project in the Ohio register. The capital project may also be advertised in the local media.

(4) An institution shall comply with sections 153.06 and 153.07 of the Revised Code regarding advertisement for construction.

(5) An institution shall comply with the statutory requirements for the establishment of lien escrow accounts and the processing of contractor payment requests subject to any outstanding liens.

(6) An institution shall use the alternative dispute resolution process established by the department of administrative services for the resolution of construction disputes.

(F) Authorization to levy fees by the department of administrative services and the institution.

(1) The director of the department of administrative services or designee, with the concurrence of the chancellor of the board of regents or designee, may assess an annual fee for general assistance applicable to all capital projects for which local authority has been granted.

(a) Upon request from the institution, additional services may be provided by the office of the state architect in the department of administrative services for an additional negotiated fee.

(2) Institutions may assess a local administration fee for a capital project for which local administration authority has been granted. The fee shall not exceed 1.5 per cent of actual construction costs.

R.C. 119.032 review dates: 07/19/2005 and 07/19/2010

Promulgated Under: 119.03

Statutory Authority: 3345.50

Rule Amplifies: 3345.50

Prior Effective Dates: 5/28/99, 7/22/99

(A) Intent and authority

(1) It is the intent of the Ohio board of regents in promulgating this rule to establish and administer the Ohio 12th grade proficiency tests scholarship program which will award scholarships to eligible students who pass all five sections of the Ohio 12th grade proficiency tests.

(2) This rule is adopted under authority conferred upon the Ohio board of regents by Section 3365.15 of the Ohio Revised Code.

(B) Definitions

(1) “Eligible institution of higher education” means an Ohio state-assisted college or university, an Ohio nonprofit institution holding a certificate of authorization pursuant to Chapter 1713. of the Revised Code, or an Ohio institution registered by the state board of proprietary school registration that has program authorization to award an associate or bachelor’s degree.

(2) “Scholarship” means the Ohio 12th grade proficiency tests scholarship.

(3) “Scholarship voucher” means an official document issued by the board of regents or its designated agent to high school senior students who pass all sections of the Ohio 12th grade proficiency tests in or after 1999.

(4) “Academic year” means the instructional period which begins with the summer term and ends with the spring term.

(5) “Board” means the Ohio board of regents.

(C) To be eligible to receive an Ohio 12th grade proficiency tests scholarship, a student must meet the following requirements:

(1) As a senior in high school, attain at least the applicable score designated under division (A)(3) of Section 3301.0710 of the Revised Code on all five tests prescribed under that division;

(2) Enroll for full-time or part-time study in a degree-granting or non-degree-granting program at an eligible institution of higher education in the academic year for which the scholarship voucher is issued. The board may consider appeals from students who are unable to use the scholarship in the academic year for which the scholarship voucher is issued.

(3) Submit a scholarship voucher to the eligible institution of higher education in which the student is enrolled or plans to enroll.

(D) Scholarship vouchers

(1) Any student who meets the provisions of section (C)(1) of this rule shall receive an official scholarship voucher.

(2) Scholarship vouchers shall be mailed to school district offices by the board or its designated agent and forwarded by the district offices to the respective high schools in each district.

(3) The scholarship voucher shall include at least the following information:

(a) The student’s name

(b) A unique number, series of numbers or other student-specific identifier as determined by the board.

(4) A scholarship voucher may not be issued or reproduced for payment purposes by any person or entity other than the board or its designated agent.

(E) Payment procedures

(1) The student must submit the scholarship voucher to the financial aid office of an eligible institution of higher education (or other office designated by the director of the financial aid office).

(2) The eligible institution of higher education will request payment of scholarship benefits for each eligible student in the following manner:

(a) Submit to the board, in a manner prescribed by the board, certification of each eligible student’s enrollment in the academic term for which scholarship benefits are requested.

(b) Submit to the board, in a manner prescribed by the board, certification that each eligible student’s educational expenses in the academic year for which scholarship benefits are requested are not less than the total value of the scholarship.

(c) Certification records submitted to the board by each eligible institution of higher education shall include the following information:

(i) The student’s name

(ii) The student’s social security number

(iii) The scholarship voucher identification number

(iv) The Ohio instructional grant code number for the eligible institution of higher education

(v) The term and calendar year in which scholarship benefits are requested

(3) Each term, following scholarship certification and validation of compliance with section (C)(1) of this rule, a one-time payment covering the full value of all scholarships certified in the term shall be issued by the board to the eligible institution of higher education on behalf of the student.

(F) Applying scholarship benefits to the student’s educational expenses

(1) Scholarship benefits may be used to defray any educational expense.

(2) The manner in which scholarship benefits are applied to the student’s educational expenses shall be determined by the student consistent with the requirements of tax-free scholarship regulations, internal revenue service publication 520, revised April 1998.

(3) The distribution of a student’s scholarship benefits over the terms of the academic year shall be determined by the student.

R.C. 119.032 review dates: 07/19/2005 and 07/19/2010

Promulgated Under: 119.03

Statutory Authority: 3365.15

Rule Amplifies: n/a

Prior Effective Dates: 9/20/99

(A) Intent and authority

(1) By promulgating this rule, the Ohio board of regents intends to establish and administer the student workforce development grant program which provides tuition assistance to students enrolled in Ohio private career schools (also known as proprietary schools).

(2) This rule is adopted under authority conferred upon the Ohio board of regents by section 3333.29 of the Revised Code.

(B) Definitions

(1) “Eligible institution” means an Ohio private career school registered in accordance with section 3332.05 of the Revised Code which offers an associate degree program authorized by the state board of proprietary school registration or a baccaulareate degree program authorized by the board of regents.

(2) “Grant,” means a student workforce development grant.

(3) “Ohio resident” means a student who meets the requirements of rule 3333-1-10 of the Administrative Code.

(4) A “full-time student” means a student who is enrolled in a bachelor’s degree or associate degree program at an eligible institution for not less than twelve credit hours or the equivalent per semester, quarter or term.

(5) “Academic year” means the instructional period which begins with the summer term and ends with the spring term.

(6) “Board” means the Ohio board of regents.

(C) To be eligible for a student workforce development grant, a student must:

(1) Be a resident of the state of Ohio.

(2) Be enrolled as a full-time student in an eligible institution.

(3) Be enrolled in a baccalaureate degree or associate degree program.

(4) Maintain an academic record which meets or exceeds a standard established by rule of the state board of proprietary school registration.

(5) Not be enrolled in a course of study leading to a degree in religion or theology, 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.

(6) Not have enrolled as a full-time student in a registered private career school prior to July 1, 2000.

(D) Benefits

(1) The amount of an annual grant shall be determined by the board based on the amount of funds available for the program.

(2) The grant shall be applied to the student’s instructional and general fee charges only.

(3) No student shall be eligible to receive grants for more than the equivalent of five academic years.

(4) The receipt of a grant shall not affect a student’s eligibility for assistance or the amount of such assistance granted under other provisions of state law. If a student receives assistance under one or more other provisions of state law, the grant shall not exceed the difference between the total instructional and general charges assessed to the student and the amount of total assistance the student receives under other provisions of state law.

(E) Payment of grant benefits

(1) Following the institution’s compliance with grant certification procedures established by the board, the grant shall be paid to the institution in which the eligible recipient is enrolled in equal proportions over three quarters or two semesters of the academic year beginning with the fall term or semester and ending with the spring term or semester.

(2) The grant shall be proportionately distributed by thirds in the case of quarter institutions and by halves in the case of semester institutions.

(3) Students enrolled during the summer term shall have their grants applied proportionately by thirds in the case of quarter institutions and halves in the case of semester institutions with the summer term amount being applied retroactively.

(4) Each grant awarded shall be paid to the eligible institution within thirty days after the start of each term of the academic year for which the grant is awarded contingent upon the institution’s compliance with grant certification procedures established by the board.

(F) Transfers

(1) A grant recipient who wishes to transfer from one eligible institution to another during the academic year must obtain a program transfer form from the financial aid office of the institution from which the grant recipient is transferring.

(2) The completed transfer form must be submitted by the grant recipient to the financial aid office of the institution to which the student is transferring.

(G) Refunds

(1) If a student withdraws, drops below full-time status, or becomes ineligible during an academic term, the institution shall refund to the board a prorated amount of the grant for the term. The refund amount shall be determined in accordance with a refund formula established by the board.

(2) Eligible institutions that enroll students receiving grants under this rule shall report to the board 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.

(H) Job placement rates

(1) Beginning July 1, 2000, the state board of proprietary school registration shall report to the board each degree granting proprietary school’s job placement rates for the immediately preceding academic year.

(2) No grant awarded to an eligible student shall be paid to a registered private career school if the school’s overall job placement rate for associate degree and baccalaureate degree programs was less than seventy-five percent for the preceding academic year.

R.C. 119.032 review dates: 07/19/2005 and 07/19/2010

Promulgated Under: 119.03

Statutory Authority: 3333.29

Rule Amplifies: 3333.29

Prior Effective Dates: 6/15/00

(A) Authority

This rule is adopted under authority conferred upon the Ohio board of regents by section 3333.04(O) of the Revised Code.

(B) Purpose of the program

OhioLink was established in order to support and enhance higher education library collections in the state of Ohio. OhioLink’s principal goals for its members are to enhance access and use of all materials held in not-for-profit library collections, enhance access to electronic library resources that serves the higher education community, and ensure reciprocity and sharing of library materials among the participating groups.

(C) Membership eligibility

(1) All Ohio public colleges and universities, the university of Dayton and Case Western Reserve university, and the state of Ohio library; or

(2) Other not-for-profit libraries upon invitation by the OhioLink governing board.

(D) The OhioLink governing board may permit Ohio libraries, institutions or organizations, other than those set forth in paragraph (C) of this rule, to benefit from OhioLink’s electronic library resources, but only if such a participatory relationship does not compromise or detract from the principal goals of OhioLink, is beneficial to the state of Ohio, and involves an appropriate contribution to the operations of OhioLink.

R.C. 119.032 review dates: 07/19/2005 and 07/19/2010

Promulgated Under: 119.03

Statutory Authority: 3333.04

Rule Amplifies: 3333.04

Prior Effective Dates: 12/14/00

(A) Authority

This rule is established by authority conferred upon the Ohio board of regents in section 3345.51 division (B) of the Ohio Revised Code upon consultation with the department of administrative services and representatives of institutions of higher education. This rule shall only apply to capital projects exceeding four million dollars in state capital appropriations dollars which are locally administered pursuant to R.C. 123.17 and R.C. 4115.51.

(B) Definitions

(1) “Institution” means a state university, a state community college, and the northeastern Ohio universities college of medicine.

(2) “Capital project” means a project exceeding four million dollars in state capital appropriations dollars which consists of construction, reconstruction, improvement, renovation, enlargement, or alteration, or other structural, mechanical, electrical, or telecommunication improvements, or the installation of heating, cooling, or ventilating plant or other equipment or material supplied therefore.

(3) “Contract documents” means the standard conditions of contract for construction and the agreements for professional services for design associates and construction managers.

(C) Institution Requirements

Institutions of higher education, when administering capital facility projects under the authority of Section 3345.51 of the Ohio Revised Code, shall comply with the following criteria:

(1) The institution has been certified in accordance with Section 123.17 of the Revised Code; and

(2) The board of trustees of the institution passes a resolution stating its intent to comply with Section 153.13 of the Revised Code and the guidelines established in accordance with section 153.16 of the Revised Code.

(3) The institution maintains adequate staffing levels and expertise consistent with the number of capital projects being administered by the institution. In the event staff vacancies occur in positions requiring training for initial certification, the staff replacement shall attend the certification program offered by the department of administrative services at the earliest reasonable opportunity. Institution staffing shall include the following:

(a) Institutional Designee. The institutional designee is the one principal contact designated by the Institution. The institutional designee may be the university architect or engineer, director of capital facilities, or an institution vice president empowered by the institution with a level of authority similar to the State Architect.

(b) Project Manager. The project manager is an individual responsible for the capital project from inception through construction completion, contract closeout and warranty. The project manager should be a licensed design professional, with a degree in architecture, engineering, planning or construction management, or have substantial field experience in managing public construction projects. Due to differing organizational structures, the project manager may also assume the role(s) of the project coordinator.

(c) Project Coordinator. The project coordinator is the individual responsible for executing and tracking capital funded contracts, preparation of Controlling Board criteria for and tracking of funding releases, verification of costs and approval of payments based on the project manager’s prior review, processing change orders, and supervision of the bidding process. Due to the differing organizational structures, the functions of project coordinator may be accomplished by the institutional designee, project manager, fiscal officer or the fiscal staff.

(d) Fiscal Officer and Staff. The fiscal staff is support staff responsible for capital projects accounting including the management of escrow accounts.

(4) An institution shall use the contract documents developed by the department of administrative services and the Ohio Attorney General, as applicable, under Chapter 153 of the Ohio Revised Code.

(a) An institution may modify the contract documents where necessary for the specific needs of a particular project and to identify the institution as the contracting entity.

(b) The department of administrative services shall be notified in advance of any modifications of the standard conditions of contract for construction documents. The department of administrative services may disapprove such modifications.

(5) An institution shall comply with all applicable state laws governing capital projects, including, but not limited to, Chapter 153. of the Revised Code; sections 9.31 to 9.333 of the Revised Code; and

(6) An institution shall advertise for the selection of a design associate for a capital project in the Ohio register. The capital project may also be advertised in the local media.

(7) An institution shall comply with sections 153.06 and 153.07 of the Revised Code regarding advertisement for construction; and

(8) An institution shall comply with the statutory requirements for the establishment of lien escrow accounts and the processing of contractor payment requests subject to any outstanding liens; and

(9) Within sixty days after the effective date of the section of an act in which the general assembly initially makes an appropriation for the project, the board of trustees of the institution, or the board’s designee shall notify the board of regents in writing of its request to administer the capital project.

(D) Project Scope and Funding

(1) Expenditures must be for capital improvements.

(2) The project scope must meet the intent and purpose of the appropriation.

(3) The location and positioning of the project should be in accord with a campus master plan or, in the absence of a master plan, should harmonize with the existing campus environment.

(4) The size, capacity and arrangement of the project should meet projected enrollment and programmatic needs.

(5) Project design should provide maximum flexibility to meet future facility requirements.

(6) Project design should give priority to development or renovation which yields the maximum amount of usable or net assignable space and a minimum amount of unusable or non-assignable space.

(7) Project design must be such that the project can and will be completed, including necessary equipment and furnishings, and ready for full occupancy without exceeding appropriated funds. Should the project budget exceed appropriated funds, the institution must either supplement funding from its own resources or revise the scale or scope of the project to bring the budget into balance with appropriated funding. Project design should take into account the potential need to eliminate or defer project elements by establishing alternate construction packages which may be accepted or rejected, based on budgetary constraints. If a program plan is approved containing elements which could lead to costs exceeding appropriated funds, such approval shall not imply that any additional state funding, either through transfers from outer appropriations or from future appropriations, is or will be supported by the Ohio board of regents.

(8) Design must comply with applicable building and safety codes.

(9) Design should seek ways to minimize increases in operating costs or, if possible, reduce operating costs.

(10) Design should maximize energy efficiency to proved for energy resource conservation.

(11) If not already accessible, renovated and new facilities should meet the requirements of the Americans with Disabilities Act.

(E) Authorization to levy fees by the institution

Institutions may assess a local administration fee for a capital project administered under the authority of 3345.51. The fee shall not exceed 1.5 per cent of actual construction costs.

Effective: 06/11/2007

R.C. 119.032 review dates: 06/11/2012

Promulgated Under: 119.03

Statutory Authority: 3333.04

Rule Amplifies: 3345.51

(A) Authority

This rule is established by authority conferred upon the Ohio board of regents in Section 3345.51(C) of the Ohio Revised Code upon consultation with representatives of institutions of higher education. This rule shall only apply to capital projects which are locally administered pursuant to R.C. 123.17 and R.C. 3345.51.

(B) Definitions

(1) “Institution” means a state university, a state community college, and the northeastern Ohio universities college of medicine.

(2) “Capital project” means a project exceeding four million dollars in state capital appropriations dollars which consists of construction, reconstruction, improvement, renovation, enlargement, or alteration, or other structural, mechanical, electrical or telecommunications improvements, or the installation of heating, cooling, or ventilating plant or other equipment or material supplied therefore.

(C) Audit Requirements

(1) Each institution shall engage an Auditor to perform a biennial audit pursuant to R.C. 3345.51(C) to determine whether the institution has used its certification issued under Section 123.17 of the Revised Code appropriately.

(2) A minimum of ten percent of all capital projects administered by the institution in a given biennium which are locally administered pursuant to R.C. 123.17 and R.C. 3345.51 shall be audited. The auditor shall determine which projects to audit, but the projects should vary in size and complexity.

(3) The institution shall provide to the auditor all project records for projects which are audited.

(4) The audit shall evaluate whether the institution complied with all project requirements set forth in Chapters 9, 123 and 153 of the Revised Code in administering its capital improvement projects.

(5) Upon completion of the audit, the final report shall be supplied to the chancellor of the board of regents or designee and to the state architect or designee within thirty (30) days of the time the final report is received by the institution. Along with submission of the audit report, the institution may submit a letter explaining or refuting findings contained in the audit report.

Effective: 06/11/2007

R.C. 119.032 review dates: 06/11/2012

Promulgated Under: 119.03

Statutory Authority: 3333.04

Rule Amplifies: 3345.51

(A) Authority

This rule is established by authority conferred upon the Ohio board of regents in Section 3345.51(D) of the Ohio Revised Code upon consultation with representatives of institutions of higher education. This rule shall only apply to capital projects exceeding four million dollars in state capital appropriations dollars which are locally administered pursuant to R.C. 123.17 and R.C. 3345.51.

(B) Definitions

(1) “Institution” means a state university, a state community college, and the northeaster Ohio universities college of medicine.

(2) “Capital project” means a project exceeding four million dollars in state capital appropriations dollars which consists of construction, reconstruction, improvement, renovation, enlargement, or alteration, or other structural, mechanical, electrical or telecommunication improvements, or the installation of heating, cooling, or ventilating plant or other equipment or material supplied therefore.

(3) “Contract documents” means the standard conditions of contract for construction and the agreements for professional services for design associates and construction managers.

(4) “Institutional Designee” means the individual designated by the institution as the one principal contact for all capital projects for which local administration has been granted. The “Institutional Designee” may be either a university architect or engineer, director of capital facilities, or institution vice president empowered by the institution with a level of authority similar to the State Architect.

(C) Monitoring of capital facilities projects administered by the institutions.

As part of the biennial process for monitoring local administration, the institution shall submit the following for review by the chancellor of the board of regents or designee:

(1) Within sixty days after the effective date of the section of an act in which the general assembly initially makes an appropriation for a capital project to be administered pursuant to OAC section 3333-1-28, or as requested by the chancellor of the board of regents or designee, the institution shall submit the following:

(a) The name and credentials of the individual serving as the “Institutional Designee” for both ongoing and new capital projects.

(b) The names and credentials of the staff for both ongoing and new capital projects.

(c) The names of institution staff who have received local administration certification training under section 123.17 of the Revised Code.

(d) Evidence that the institution’s local administration certification granted under section 123.17 of the Revised Code is still in effect.

(e) Evidence of the institution’s previous project management experience. The institution shall submit a list of locally administered projects; each project’s total budget amount; the square footage of each project (if applicable); each project’s schedule; each project’s administration team; and the current status of each project including any pending claims.

(2) The audit reports from biennial audits conducted by the institution pursuant to R.C. 3345.51(C) and OAC 3333-1-29.

(3) Any other information requested by the chancellor of the board of regents or designee.

(D) Basis for revocation

The board of regents may revoke the authority of an institution of higher education to locally administer capital projects under the authority of Section 3345.512 of the Ohio Revised Code if any of the following occur:

(1) The department of administrative services has revoked the institution of higher education’s local administration certification under section 123.17 of the Revised Code.

(2) The institution has not complied with OAC section 3333-1-28; or

(3) The institution has not conducted the biennial audit in accordance with Section 3345.51(C) of the Revised Code and OAC provision 333-01-29.

(E) Actions taken by the board of regents

In the event the biennial audit conducted by the institution reveals the institution has not materially complied with Chapters 9, 123, and 153 of the Revised Code in administering its capital projects, the board of regents may, at its discretion, take one of the following actions:

(1) Issue a written warning to the institution requesting correction of the problem within ninety days of receipt of the written warning; or

(2) Place the institution on probation for an appropriate period of time; or

(3) If the institution is already on probation, revoke the certification of the institution.

(F) Actions of an institution of higher education following revocation.

After an institution has had its certification revoked by either the department of administrative services or the board of regents, the institution shall do the following:

(1) Reapply to the department of administrative services under Section 123.17 of the Revised Code; and

(2) Petition the board of regents for reinstatement of its authority under Section 3345.51 of the Revised Code; and

(3) Have the board of trustees of the institution reissue its intent to be bound by the terms of section 153.13 of the Revised Code and the guidelines established pursuant to Section 153.16 of the Revised Code.

Effective: 06/11/2007

R.C. 119.032 review dates: 06/11/2012

Promulgated Under: 119.03

Statutory Authority: 3333.04

Rule Amplifies: 3345.51

(A) Intent and authority

(1) It is the intent o the Ohio Board of Regent in promulgating this rule to establish procedures to govern the allocation of state capital appropriations for higher education purposes.

(2) This rule is adopted under authority conferred upon the Ohio Board of Regents by section 3333.072 of the Revised Code pursusant to section 119.03 of the Revised Code.

(B) Definitions For purpose of this rule:

(1) “Eligible campus” shall be defined as a state university or college as defined in division (A)(1) of section 3345.12 of the Revised Code, a community college as defined in Chapter 3354. of the Revised Code, a state community college as defined in Chapter 3358. of the Revised Code, a technical college as defined in Chapter 3357. of the Revised Code and the regional campuses of a state college or university defined in division (A)(1) of section 3345.12 of the Revised Code.

(2) “Community project” shall be defined as a state capital appropriation for a facility that is owned by, or will be owned by, an entity which has a 501 (c)(3) designation from the internal revenue service or a public body established by the laws of Ohio for the exercise of any function of government. The community project must be made available for use by a higher education institution and the extent and nature of that use must be reasonably related to the amount of the appropriation.

(C) Determination of state capital recommendations for higher education purposes

(1) The office of budget and management will notify the board of regents of the total amount of state capital funds that will be available for higher education purposes and will provide general guidance for allocation of capital funds for statewide projects, institutional allocations, and basic renovations. The board of regents, in consultation with representatives of eligible campuses, and othe entities as determined b the Regents, shall:

(a) Determine the method of allocating state capital funds for special purposes.

(i) Special purposes may include buy not be limited to funding for consortial entities authorized in division (V) of section 3333.04 of the Revised Code, research equipment or facilities non -credit job training facilities, the acquisition of instructional technology, renovation projects of limited scope, and collaborative projects.

(ii) The method of allocation may include formula-based allocations, competitive proposals, requirements for collaboration by eligible campuses, requirements for matching funds, direct grants of funds, and/or any other method of allocation that the regents determines is necessary and proper.

(2) Major capital projects.

(a) The purpose of distributing funds under this paragraph is to provide each eligible campus with state resources to renovate or replace existing facilities or construct new facilities.

(b) The amount allocated to each eligible campus shall be expressed both in state appropriations and in the debt service equivalent of those same state appropriations. The debt service equivalent of the state capital appropriation shall be determined from the information supplied from the office of budget and management regarding the term and rate of current state bond sales.

(c) The amount allocated to each eligible campus shall be on a formula which includes each eligible campus’ relative share of the valued activities and the volume of aged space.

(i) The measure of eligible campus activity shall include consideration of the plant operation and maintenance cost of providing credit-hours of instruction, weighted by the volume of sponsored research expenditures and non-credit job-related training expenditures that occur on each campus.

(a) An adjustment may be included to provide campuses with low enrollments an additional increment as determined by the board of regents.

(b) The measure of aged space shall only include educational and general space at each eligible campus, and shall weight older facilities more heavily.

(c) Measures of eligible campus activity and aged space shall be equally weighted in determining each campus’ share of total resources available under this paragraph. The relative weights of these two factors may be changed by the board of regents, following consultation with representatives from eligible campuses and with the permission of the office of budget and management.

(d) Each eligible campus shall earn the debt service equivalent of state capital resources allocated through the formula described in this rule.

(3) Capital requests from eligible campuses.

(a) Requests from eligible campuses for state capital support shall be submitted to the Board of Regents according to the schedule and conditions determined by the Board of Regents.

(b) The Board of Regents shall calculate the debt service equivalent of each eligible campus capital request.

(c) Each eligible campus shall be responsible for the debt services equivalent associated with its state capital requests funded through the formula described in paragraph (C)(2) of this rule.

(i) If the debt service equivalent for an eligible campus exceeds the value of the debt service earnings, the Board of Regents shall deduct the difference from future general purpose state operating appropriations to the eligible campus.

(ii) If the debt service equivalent for an eligible campus is less than the value of the debt service earnings, the board of regents shall add the difference to the share of debt service earnings for the eligible campus. The eligible campus shall receive the debt service earnings through a specific purpose state operating appropriations line item.

(iii) No campus shall be responsible for the debt service equivalent for any project deemed to be a community project. The director of the office of budget and management shall determine the specific capital appropriations to eligible campuses that are community projects.

(iv) No campus shall be responsible for the debt service equivalent for any project or portion of a project funded to address space shortage conditions as determined by the board of regents. Such a determination may include but not limited to the following factors; enrollment levels, enrollment growth, the size and condition of existing facilities, facility utilization rates, and the existence of alternate methods of delivering instructions.

Effective: 09/30/2006

R.C. 119.032 review dates: 09/30/2011

Promulgated Under: 119.03

Statutory Authority: ORC 3333.072

Rule Amplifies: ORC 3333.072

(A) Authority

This rule is established by authority conferred upon the chancellor of the Ohio board of regents by section 3333.61 of the Revised Code.

(B) Policy

The Ohio innovation partnership, consisting of the choose Ohio first scholarship and the Ohio research scholars program, aims to strengthen the state and its citizens to compete in the fields of science, technology, engineering, and mathematics (STEM), as well as medical fields and STEM education. The choose Ohio first scholarship program will support undergraduate and graduate education of Ohio residents who are students in STEM fields and medicine.

(C) Eligibility for the “Choose Ohio” first scholarship program

(1) Eligible institutions

(a) All public universities and colleges, as well as all independent universities and colleges that are acting in collaboration with one or more public institutions, are eligible to compete for state funds as lead applicants to this program to implement novel, as well as well-proven, programs, strategies, and initiatives designed to recruit, or to ensure greater academic success for, students in the fields of science, technology, engineering, mathematics and medicine as well as STEM education. All branch campuses are considered to be a part of and integral to the parent university.

(b) All public universities and colleges, all independent universities and colleges, as well as other public, independent, for-profit, or non-profit Ohio entities are eligible to serve as collaborating partners to compete for state funds from this program in order to implement novel, as well as well-proven, programs, strategies, and initiatives designed to recruit, and/or to insure greater academic success for, higher education students in the fields of science, technology, engineering, mathematics and medicine as well as STEM education.

(2) Eligible subjects

All higher education STEM areas plus medical and STEM education are eligible for support under this program. The emphasis is on STEM areas most relevant to the Ohio economy, which would include all degree programs in the physical and biological sciences, engineering and mathematics, including programs such as two-year technical degrees and four-year technology degrees, as well as those areas covered under STEM education and a broad interpretation of medical degree programs, such as nursing and allied health fields.

(3) Letter of interest

(a) Prior to submitting a proposal, a potential applicant must first submit a letter of interest to the chancellor. The letter of interest shall:

(i) Be a maximum of four pages in length;

(ii) Identify all the partnering institutions and participating Ohio for-profit and non-profit entities;

(iii) Indicate the area of focus of the forthcoming proposal in sufficient detail to permit the chancellor to gauge the potential impact of the proposed plan of action;

(iv) Include estimates of the number of student scholarships to be awarded;

(v) Specify the student recruitment and selection processes to be employed;

(vi) Include how scholarship awards may be matched by the institution; and

(vii) Provide the anticipated educational impact of the overall project.

(b) The chancellor shall respond within forty-five days of the submission of the letter of interest with a summary reaction to the perceived impact of the proposed plan.

(D) Proposals

Subject to paragraph (E) of this rule, eligible institutions may submit one or more proposals for choose Ohio first scholarships to the chancellor of the Ohio board of regents.

(E) Limitations on number of proposal submissions

The chancellor may limit the number of proposals eligible institutions may submit based upon criteria the chancellor considers appropriate.

There will be no limit imposed on the number of collaborating partners contributing to each proposal nor will there be any limit imposed on the number of proposals that a given institution might contribute to as a collaborating partner.

(F) Dual applications

A single proposal may seek an award under one or both programs within the Ohio innovation partnership.

Effective: 11/12/2008

R.C. 119.032 review dates: 11/12/2013

Promulgated Under: 119.03

Statutory Authority: 3333.61

Rule Amplifies: 3333.61, 3333.62

Prior effective dates: 9/26/07 (Emer)

(A) General proposal submission requirements. Proposals must be submitted in the following manner:

(1) One original paper copy marked as “Original.”

(2) One additional paper copy marked as “Copy.”

(3) Eight copies of a CD-ROM containing one PDF and one Word-compatible file of the proposal. Do not include multiple PDF or Word-compatible files containing individual proposal sections. The proposal must be completely contained on the CD-ROM in one PDF and one Word-compatible file.

(4) Proposals may not be submitted via fax or email.

(5) Proposals (one original and one copy plus eight copies of the CD-ROM) must be received by the chancellor at the following address on or before the due date:

“Eric D. Fingerhut, Chancellor

Ohio Board of Regents

30 East Broad Street

36th floor

Columbus, OH 43215

Attention: Choose Ohio First Scholarship Program.”

(6) The narrative section of the proposal must not exceed fifteen pages.

(7) The non-narrative portions of the proposal must not exceed fifty pages.

(8) Original proposals are to be submitted on letter size paper.

(9) Margins must not be less than three-fourths of an inch on all sides.

(10) Font must be ten point or larger with no more than six lines per inch.

(11) All pages must be numbered consecutively using the format “page [number] of total number of pages” (e.g. page 2 of 10).

(12) The proposal title and lead applicant name must appear at the bottom of each page.

(13) Proposals should not include color figures that cannot be understood when photocopied in black and white.

(14) The first page of the proposal must be the standardized applicant information form and title page provided by the chancellor.

(15) Do not include a cover or cover letter other than the standardized applicant information form and title page.

(16) Proposals must be stapled or clipped once in the upper left hand corner and must not be bound.

(B) General proposal directions

Proposals must be completed in the following manner:

(1) The first page of the proposal must be the completed standardized applicant information form and title page provided by the chancellor.

(2) Prepare and include an abstract that is not more than one page that summarizes the anticipated academic outcomes of the project.

(3) The proposal narrative must not exceed fifteen pages in total length.

(4) The lead applicant must provide the following information:

(a) An itemized budget for each year of the proposed grant period that includes funding anticipated for collaborating partner institutions; and

(b) The projected number of student scholarships to be provided.

(5) All non-narrative sections of the proposal combined must not exceed fifty pages.

Effective: 11/12/2008

R.C. 119.032 review dates: 11/12/2013

Promulgated Under: 119.03

Statutory Authority: 3333.61

Rule Amplifies: 3333.62

Prior effective dates: 9/26/07 (Emer)

(A) All proposals shall reflect the primary objectives of the choose Ohio first scholarship program which are to support increased higher education participation and success of Ohio students majoring in STEM, STEM education, and medicine fields and, in so doing, to advance the economic growth of each region of the state.

By increasing the numbers of STEM and medical graduates, as well as the professional sophistication of Ohio’s technical workforce, it is anticipated that new technology-based business opportunities will be created and new technology-based companies will be attracted to Ohio, each of which will have beneficial economic impacts for the regions of the state. This program advances these purposes by providing direct scholarship support to current and future higher education students who are pursuing STEM, medical, and STEM education degrees. The “Choose Ohio First Scholarship Program” is complementary to the other program included in the “Ohio Innovation Partnership,” the “Ohio Research Scholars Program.” Both programs develop human talent and statewide capacity for sustained innovation, technology advancement, and the commercialization of new technologies.

(B) The entire grant must be used for scholarships, fellowships, grants, or other monetary or nonmonetary incentives to students, and not for administration.

Effective: 11/12/2008

R.C. 119.032 review dates: 11/12/2013

Promulgated Under: 119.03

Statutory Authority: 3333.61

Rule Amplifies: 3333.61

Prior effective dates: 9/26/07 (Emer)

(A) Administrative review of proposals

(1) The chancellor’s staff will review the proposals to ensure each proposal complies administratively with the general guidelines, requirements, and program objectives before referral for review and evaluation.

(2) If a proposal does not comply administratively, the chancellor may ask the lead applicant of the proposal clarifying questions and request additional information. The lead applicant of the proposal has ten days from notice of the defect to cure the proposal.

(3) A proposal that fails to comply administratively shall not be referred for review and evaluation.

(4) Proposals that are referred for review and evaluation will be posted on a web page on the Ohio board of regents’ web site.

(5) The lead applicant of a proposal not referred for review and evaluation shall receive written notice within thirty days of the posted results of the administrative review.

(B) Review panel

(1) The chancellor, in the chancellor’s discretion, may convene a panel, comprised of experts, to review and evaluate proposals.

(2) The chancellor may seek nominations for service on the panel from representatives of the colleges and universities intending to submit proposals. The chancellor, in the chancellor’s discretion, shall make appointments to the panel.

(3) The panel, if convened, shall review and evaluate proposals in the following manner:

(a) Address the responsiveness of the proposal to the requirements of the request for proposal;

(b) Determine which proposals best meet the evaluation criteria;

(c) Determine which proposals should be recommended to the chancellor for funding consideration.

(4) The panel will make recommendations directly to the chancellor. The chancellor shall take into account the evaluations and recommendations made by the panel and shall make the final funding decisions.

(C) Review of proposals in absence of panel

(1) If the chancellor does not convene a review panel to review and evaluate proposals, the chancellor, or the chancellor’s designee(s), shall review and evaluate the proposals in the following manner:

(a) Address the responsiveness of the proposal to the requirements of the request for proposal;

(b) Determine which proposals best meet the evaluation criteria;

(c) Determine which proposals should be considered by the chancellor for funding consideration, or in the case of review and evaluation by the chancellor’s designee(s), recommended to the chancellor for funding consideration.

(2) The chancellor shall exercise independent judgment in making final funding decisions.

(D) Evaluation criteria

(1) General evaluation criteria

(a) Required criteria Proposals must encompass both of the following criteria to be considered for evaluation:

(i) The proposed plan will result in significantly increased higher education participation and success of Ohio students in STEM fields, STEM education, or medical areas:

(ii) All funds being requested shall be used for scholarships, fellowships, grants, or other monetary or nonmonetary incentives to students, and not for administration.

(b) Additional evaluation criteria Proposals should encompass one or more of the following criteria to be considered for evaluation:

(i) The proposed plan incorporates student internships and/or cooperative education experiences.

(ii) The proposed plan develops mentoring experiences involving faculty, students, and industrial partners.

(iii) The plan will result in appropriate ethnic diversity among majors and graduates in STEM fields, STEM education, or medical areas with particular emphasis on first-generation, needs-based, and underrepresented groups of students.

(iv) The proposed plan specifically targets timely degree completion and the reduction of attrition rates among majors in STEM fields, STEM education or medical areas.

(v) The applicant will demonstrate specific successes by its STEM students and graduates in fields that match the high-technology economic strength of Ohio.

(vi) The proposed plan will increase the recruitment of Ohio residents back into the state in order to enter graduate study in a STEM field, STEM education, or medical discipline.

(2) Required proposal criteria

In accordance with section 3333.62 of the Revised Code, proposals will be evaluated based on one or more of the following criteria:

(a) The quality of the program that is the subject of the proposal and the extent to which additional resources will enhance its quality.

(b) The extent to which the proposal is integrated with the strengths of the regional economy.

(c) The extent to which the proposal is integrated with centers of research excellence within the private sector.

(d) The amount of other institutional, public, or private resources, whether monetary or nonmonetary, that the proposal pledges to leverage.

(e) The extent to which the proposal is collaborative with other public or nonpublic Ohio institutions of higher education.

(f) The extent to which the proposal is integrated with the university’s or college’s mission and does not displace existing resources already committed to the mission.

(g) The extent to which the proposal facilitates a more efficient utilization of existing faculty and programs.

(h) The extent to which the proposal meets a statewide educational need.

(i) The demonstrated productivity or future capacity of the students or scientists to be recruited.

(j) The extent to which the proposal will create additional capacity in educational or economic areas of need.

(k) The extent to which the proposal will encourage students who received degrees in STEM fields or medicine from two-year institutions to transfer to state universities or colleges to pursue baccalaureate degrees in STEM fields or medicine.

(l) The extent to which the proposal encourages students enrolled in state universities to transfer into STEM fields or medicine programs.

(m) The extent to which the proposal facilitates the completion of a baccalaureate degree in a cost-effective manner, for example, by facilitating students’ completing two years at a two-year institution and two years at a state university or college.

(n) The extent to which the proposal allows attendance at a state university or college of students who otherwise could not afford to attend.

(o) The extent to which other institutional, public, or private resources pledged to the proposal will be deployed to assist in sustaining students’ scholarships over their academic careers.

(p) The extent to which the proposal increases the likelihood that students will successfully complete their degree programs in STEM fields, or medicine or in STEM education.

(q) The extent to which the proposal ensures that a student who is awarded a scholarship is appropriately qualified and prepared to successfully complete a degree program in STEM fields, or medicine or in STEM education, or medical education.

(E) Public meeting

Prior to final funding decisions by the chancellor, each proposal submitted for consideration shall be summarized by the chancellor’s staff at a public meeting. Each public university or college with a proposal pending for consideration shall have the opportunity to review the summary and answer questions or respond to concerns about the proposal raised by the chancellor’s staff.

(F) Selection and grant agreement preparation

(1) Upon completion of the review and evaluation process, and, if applicable, after recommendations have been made, the chancellor shall determine which proposals receive awards, in whole or in part. Lead applicants will be notified in writing of the outcome of their applications within forty-five days after final funding decisions have been made by the chancellor.

(2) After a proposal has been selected for funding by the chancellor, the chancellor’s staff will seek approval from the state controlling board to prepare the final grant agreement.

(3) At the request of the chancellor, a lead applicant institution or a collaborating institution of a proposal selected for funding and seeking approval from the state controlling board shall attend the controlling board meeting.

Effective: 11/12/2008

R.C. 119.032 review dates: 11/12/2013

Promulgated Under: 119.03

Statutory Authority: 3333.61

Rule Amplifies: 3333.61, 3333.62, 3333.63, 3333.64, 3333.66

Prior effective dates: 9/26/07 (Emer)

(A) Awards

(1) A grant will be awarded by the chancellor and approved by the controlling board based on the proposal as amended with the inclusion of a revised budget or other amended conditions set forth by the panel or the chancellor. The grant will remain open for the duration of the project plus a three-year reporting period when annual reports are required. Funding at the requested levels will be contingent upon performance against the stated goals.

(2) Limitations on awards

(a) The minimum award amount to be granted by the chancellor will be one hundred thousand dollars.

(b) The maximum award amount to be granted by the chancellor will be ten million dollars.

(B) Agreements

(1) The university or college with an award approved by the controlling board shall enter into an agreement with the chancellor of the Ohio board of regents. The term of agreement under an award from this program will be from two to five years with three additional years of required reporting. The project period should be at least two years but may be as long as five years, during which the funding by the state must be expended. During the remaining years of the grant period, or at least for three additional years, the grantee will be required to submit an annual report detailing the overall status of the project.

(2) All agreements shall comply with the following regulatory requirements:

(a) As appropriate for student assessment purposes, the grantee organization’s human subject policies and procedures must be compliant with the Code of Federal Regulations Title 45, Part 46

(b) The grant agreement shall require the grantee to comply with all applicable federal, state, and local laws in the performance of the project.

(3) The grant agreement shall require the grantee to ensure that all student scholarships are within the allowable amount, as required by law.

(4) Grantees will be required to submit regular reports as specified in the grant agreement. At a minimum, semi-annual performance reports, periodic success stories attributable to the state-funded program, and annual reports for the final three years of the grant period. The lead applicant will be responsible for submitting reports to the chancellor’s staff utilizing the specified mechanism.

(5) Each newly funded choose Ohio first scholarship program institution will be required to implement a continuous assessment plan that evaluates the program at its campus. Grantees are expected to complete the project as described in the proposal as funded and as amended. The chancellor’s staff will assign a project administrator who will work with the grantee throughout the duration of the project. The chancellor’s staff and grantees will develop a series of performance metrics that will be used to measure progress on the grant. Grantees will be required to collect appropriately disaggregated baseline data, to measure progress through the collection and analysis of standardized data elements, and to submit required progress reports that record the achievements of the plan within the context of the original goals.

In addition to other items deemed appropriate by the reporting institution, the choose Ohio first scholarship program progress reports should include the following elements:

(a) Documentation that the proposed objectives are being met along with a description of the continuous assessment processes used to verify the stated outcomes.

(b) Demonstration of the significant achievements of the program in terms of the student success outcomes.

(c) Documentation of how and the manner in which the expertise developed within the program is being, or will be, shared with other institutions in Ohio through professional interactions or consortia agreements.

(6) Any university or college that violates the terms of its grant agreement may be required to repay the award plus interest at the rate specified in section 5703.47 of the Revised Code.

Effective: 11/12/2008

R.C. 119.032 review dates: 11/12/2013

Promulgated Under: 119.03

Statutory Authority: 3333.61

Rule Amplifies: 3333.62, 3333.65, 3333.66, 3333.68, 3333.69

Prior effective dates: 9/26/07 (Emer)

(A) Cost-share is required in the ratio of one to one for state funds to dedicated institutional funds. All reasonable institutional operational and capital costs, including previous investments, that are directly associated with delivering the project outcomes identified in the proposal may, in the chancellor’s discretion, be counted as eligible cost-share. The value of institutional, public, or private industry co-ops and internships shall count toward the statewide aggregate amount of other institutional, public, or private money.

Participating institutions must make regular cost-share investments in the funded choose Ohio first scholarship program project but will have until the end of the reporting period to meet the full cost-share obligation. The reporting period ends three years after the expiration of the grant agreement.

(B) The entire grant must be used for scholarships, fellowships, grants, or other monetary or nonmonetary incentives to students, and not for administration.

(C) All costs incurred in preparation of a letter of interest or a proposal shall be borne by the applicant, or applicants for a collaboration proposal, and are not recoverable under an award.

Effective: 11/12/2008

R.C. 119.032 review dates: 11/12/2013

Promulgated Under: 119.03

Statutory Authority: 3333.61

Rule Amplifies: 3333.61, 3333.64

Prior effective dates: 9/26/07 (Emer)

(A) Authority

This rule is established by authority conferred upon the chancellor of the Ohio board of regents by section 3333.61 of the Revised Code.

(B) Policy

The Ohio innovation partnership, consisting of the choose Ohio first scholarship and the Ohio research scholars program, aims to strengthen the state and its citizens to compete in the fields of science, technology, engineering, and mathematics (STEM), as well as medical fields and STEM education. The Ohio research scholars program will support an increase in highly-qualified research talent in critical STEM and medical areas with a focus on long-term regional economic development.

(C) Eligibility for the Ohio research scholars program

(1) Eligible institutions

(a) All four year public universities and colleges, as well as all independent universities and colleges that are acting in collaboration with one or more four year public institutions, are eligible to compete for state funds as lead applicants to this program.

The lead applicant’s human subject policies and procedures must be compliant with the Code of Federal Regulations Title 45, Part 46. The lead applicant’s animal subject policies and procedures must be compliant with US Code Title 7, Sections 2131-2156.

(b) All state-assisted universities and colleges, all independent universities and colleges and public, independent, for-profit, or non-profit Ohio entities are eligible to serve as collaborators.

A collaborator’s human subject policies and procedures must be compliant with the Code of Federal Regulations Title 45, Part 46. A collaborator’s animal subject policies and procedures must be compliant with US Code Title 7, Sections 2131-2156.

(2) Eligible subjects

To be eligible for support under the Ohio research scholars program, a proposal must be seeking to support a single technology or research focus area in one of the two following tracks:

(a) Accelerating the growth of existing clusters of research excellence

A well established research cluster that has a critical mass of distinguished and highly productive faculty and researchers, quality graduate students, and infrastructure supporting a defined technology or research focus area that has attained international prominence in research and commercialization. Ohio research scholars’ program funds are to be used to further enhance a competitive position or to move up in competitive rankings relative to benchmarked leaders.

(b) Capacity building to achieve clusters of research excellence

An existing promising area of research that has the potential to evolve into clusters of research excellence of importance to Ohio’s future economy. Ohio research scholars program funds are to be used to improve the capability in a defined technology or research focus area to conduct sustainable and internationally competitive research and commercialization, build a critical mass of human and technical resources, and establish beneficial relationships with existing centers of research excellence within Ohio.

(3) Letter of interest

(a) Prior to submitting a statement of intent and a proposal, the president of the potential applicant institution must first submit a letter of interest. The letter of interest shall include the following information:

(i) The prospective lead applicant’s name, address, phone number, contact person, e-mail address for the contact;

(ii) The proposed project title;

(iii) The estimated number of research scholars and dollars to be requested;

(iv) Known collaborators; and

(v) A summary of the proposed technology or research focus area and research cluster growth plan, in sufficient detail to allow a reviewer to gauge the purpose and impact of the potential proposal. The summary may not exceed five pages.

(b) Submitting a letter of interest does not bind the prospective lead applicant to submitting a statement of intent or proposal. However, no statement of intent will be accepted and no proposal will be reviewed unless a letter of interest has been submitted by the deadline.

(c) All prospective lead applicants submitting a letter of interest will be issued an identification number. The identification number must appear later on the statement of intent and on the application information page of the proposal.

(d) The lead applicant will receive a response to the letter of interest providing a summary reaction to the perceived applicability of the proposed project.

(4) Statement of intent

(a) Prior to submitting a proposal, a potential applicant must first submit a statement of intent. The statement of intent shall:

(i) Be submitted and signed by the president of the lead applicant;

(ii) Include the lead applicant’s name, address, phone number, contact person, e-mail address for the contact;

(iii) Include the prospective proposal title, estimated types of dollars and amounts to be requested;

(iv) Reference the corresponding letter of interest number assigned;

(v) Identify all the collaborators;

(vi) Provide a statement of intent from each collaborator signed by their respective presidents or chief executive officers;

(vii) Describe the area of focus of the forthcoming proposal in sufficient detail for the external reviewer to begin selecting peer review panelists. This description may not exceed five pages.

(b) Collaborators not identified in the statement of intent will not be permitted.

(c) The letter must affirm that the lead applicant and collaborators are committed to the project and the submittal of a proposal. Submitting a statement of intent does not bind the prospective lead applicant to submit a proposal. However, no proposal will be accepted which does not have all corresponding letters of interest and intent submitted by their respective deadlines.

(D) Proposals

Subject to paragraph (E) of this rule, eligible institutions may submit one or more proposals for support of a research cluster under the Ohio research scholars program. Each proposal must define the specific technology or research focus area of the research cluster and the areas of investigation to be pursued by the newly hired scholars. Eligible institutions must submit separate proposals for each cluster for which they are seeking support.

(E) Limitations on number of proposal submissions

The number of proposals an eligible institution may submit may be limited, however, there will be no limit imposed on the number of collaborating partners contributing to each proposal nor will there be any limit imposed on the number of proposals that a given institution might contribute to as a collaborating partner.

(F) Dual applications

A single proposal may seek an award under one or both programs within the Ohio innovation partnership.

(G) The chancellor may partner with other state departments or agencies in the development of requests for proposals under the Ohio research scholars program. The areas of collaboration will be further described in an interagency agreement or as reflected in a jointly-issued request for proposal.

Effective: 11/12/2008

R.C. 119.032 review dates: 11/12/2013

Promulgated Under: 119.03

Statutory Authority: 3333.61

Rule Amplifies: 3333.61, 3333.62

Prior effective dates: 10/30/07 (Emer)

(A) General instructions. Proposals must be submitted in the following manner:

(1) One original paper copy marked as “Original” and one additional paper copy marked “Copy” and two CDs each containing a single PDF and a single Word compatible file of the proposal.

(2) Proposals must be received at the location specified in the request for proposals before the deadline. Proposals may not be submitted by fax or e-mail.

(3) Proposals are to be submitted on letter size paper.

(4) Margins must not be less than three-fourths of an inch on all sides.

(5) Font must be ten point or larger with no more than six lines per inch.

(6) All pages must be numbered consecutively using the format “page [number] of total number of pages” (e.g. page 2 of 25).

(7) The proposal title, lead applicant name, and statement of intent number must appear at the bottom of each page.

(8) Proposals should not include color figures that cannot be understood when photocopied in black and white.

(9) The first page of the proposal must be the provided application information page form.

(10) Do not include a cover or cover letter other than the application information page.

(11) Proposals must be stapled once in the upper left hand corner and must not be bound.

(B) Special instructions for proposals

(1) Trade secret information

A lead applicant with a proposal containing trade secret information, as defined in division (D) of section 1333.61 of the Revised Code, must:

(a) Check the “Trade Secret Information Included” box on the applicant information page.

(b) Include a page that lists each page in the proposal that includes trade secret information and the number of occurrences of trade secret information on that page.

(c) Identify each and every occurrence of the information within the proposal with an asterisk before and after each line containing trade secret information and underline the trade secret information itself.

(2) Collaborator letter of commitment

A commitment letter must be provided for each collaborator identified in the proposal. The letters must:

(a) Be submitted on the letterhead of the collaborator;

(b) Include the name of the lead applicant, the title of the proposal, and the letter of interest number assigned;

(c) Briefly state the nature of the collaboration;

(d) State the duration of the collaboration;

(e) State the resources the collaborator is committing to the proposed project;

(f) State how the project will contribute to the strategy of the collaborator;

(g) State the specific amount of the commitment that matches the amount in the proposal;

(h) State the source of the commitment;

(i) State when the committed resources will be available to the lead applicant;

(j) Be dated and signed by an official with the authority to make the cost share commitment.

(3) Letters of support

Letters of support may be allowed from committed end users. Such letters must come from industrial or business representatives who have a commercial interest in and can anticipate commercial benefit from the results of the proposed project. These letters of support must describe the anticipated benefit and what advice the industrial representative will be providing in the way of market opportunities, knowledge of competing technologies or technological and commercial hurdles for the proposed project.

(C) Order and content of proposal sections

Proposals must be completed in the following manner and order:

(1) The first page of the proposal must be the completed standardized applicant information page;

(2) If the proposal includes trade secret information, the page immediately after the application information page must list each page in the proposal that includes trade secret information and the number of occurrences of trade secret information on that page;

(3) Complete and include the provided lead applicant contact information page form;

(4) Complete and include the collaborator information form for each collaborator. Collaborator letters of commitment must appear in the appendix to a proposal;

(5) Prepare an abstract, one page or five hundred words in length, summarizing the proposed project and its expected commercial and technical outcomes. This section should minimize use of jargon and technical language and be written so that a non-technical person can understand it. This section will be used in public documents including press releases and must be understandable to the general public. This section may not contain any trade secret information;

(6) Prepare a table of contents. The table of contents should also include a listing and page number for charts, figures, and tables;

(7) Provide a proposal narrative not exceeding twenty-five pages, excluding references;

(8) Complete and include the provided budget forms for lead applicants and collaborators;

(9) Provide a budget narrative, not to exceed five pages, covering an explanation of the costs for both the state funds requested and cost share committed. Specific sources of cost share committed at the time of the proposal submission must be identified in the proposal by amount, proposed use, source, and method of valuing if in-kind cost share is used. Cost share must be documented on the budget forms and in a letter from the organization contributing the cost share signed by an official authorized to commit the organization. Projections for cost share to be earned from specified sources must be identified by the general categories in the budget forms;

(10) Provide biographical information of up to ten individuals who the lead applicant considers key to the success of the project. These ten individuals should represent the project’s leadership from the technical, commercial, and managerial perspectives and include personnel of the lead applicant and collaborators. Biographical information may be no more than two pages in length for each individual identified. The biographical information should include the following information

(a) Relevant work history, including, but not limited to, technical experience, commercialization experience, and project management experience;

(b) Educational attainment, including, but not limited to, honors and recognitions and selected recent publications that relate directly to the subject matter of the proposed project.

Effective: 11/12/2008

R.C. 119.032 review dates: 11/12/2013

Promulgated Under: 119.03

Statutory Authority: 3333.61

Rule Amplifies: 3333.62

Prior effective dates: 10/30/07 (Emer)

(A) All proposals must reflect the primary objectives of the Ohio research scholars program to provide support for an increase in highly-qualified research talent in critical STEM and medical areas with a focus on long-term regional economic development.

The Ohio research scholars program will provide support to strengthen and increase the number of clusters of research excellence, led by Ohio’s academic institutions, to advance regional economic priorities. This will be achieved through (1) aggressive investment in the attraction of senior research talent and related facilities and equipment, and (2) promotion of unique collaborations needed to build and sustain the critical mass and scale of scientifically and commercially promising lines of research.

Clusters of research excellence are defined by a critical mass of distinguished and highly productive faculty and researchers, quality graduate students, infrastructure, and robust academics, business and government collaborations that have led or will lead to the attainment of international prominence in research and commercialization. The resources of a cluster must be aligned to pursue a specific technology or research focus area representing competitive differentiation that is a unique and sustainable signature which is difficult to imitate and overcome by others.

The Ohio research scholars program is complementary to the other program included in the Ohio innovation partnership, the choose Ohio first scholarship program. Both programs develop human talent and statewide capacity for sustained innovation, technology advancement, and the commercialization of new technologies.

Effective: 11/12/2008

R.C. 119.032 review dates: 11/12/2013

Promulgated Under: 119.03

Statutory Authority: 3333.61

Rule Amplifies: 3333.61

Prior effective dates: 10/30/07 (Emer)

(A) Administrative review of proposals

(1) Proposals will be reviewed to ensure each proposal complies administratively with the general guidelines, requirements, and program objectives before referral for review and evaluation. It is solely the responsibility of the lead applicant to ensure its proposal is complete, accurate, responsive to the requirements, and received on time. All lead applicants are advised that there will be no opportunity to correct mistakes or deficiencies in a proposal after the submission deadline.

(a) Proposals that are both complete and compliant with the requirements of the RFP will be forwarded for review.

(b) Proposals that are missing required forms and information, incomplete, or do not comply with the requirements will be excluded from evaluation. No supplementary or revised materials will be accepted after the scheduled date for submission. The chancellor reserves the right to request specific additional information.

(2) Except in the limited circumstance where the chancellor has requested specific additional information, decisions will be based solely on a proposal’s content.

(B) Review process

(1) Proposals will be read and evaluated based on the evaluation criteria stated in this rule.

(2) Interviews of potential awardees may be required.

(3) Based on the evaluation, the most competitive proposals along with a written report prepared by the reviewers, will be forwarded to the chancellor or chancellor’s designee. The final decision shall take into account the evaluations made during the review process, and staff recommendations. However, the chancellor or chancellor’s designee shall exercise independent judgment in making the final selections. All funding decisions are final.

(4) All lead applicants will be notified of the outcome of their application after final funding decisions have been made.

(C) Evaluation criteria

(1) All proposals submitted under the Ohio research scholars program will be evaluated in accordance with one or more of the following base criteria.

(a) The quality of the proposed program and the extent to which additional resources will enhance its quality;

(b) The extent to which the proposed program is connected to the strengths of the regional economy;

(c) The extent to which the proposed program is or will be integrated with centers of research excellence in the private sector;

(d) The amount of other institutional, public or private resources, whether monetary or non monetary, that the proposed program will leverage;

(e) The extent to which the proposed program brings together public or non public Ohio institutions of higher education, business and industry to strengthen or develop new clusters of research excellence;

(f) The extent to which the proposed program will build on or enhance a university or college’s mission and resources committed to an existing cluster of research excellence;

(g) The extent to which the proposed program will facilitate a more efficient utilization of existing faculty and programs in strengthening existing or developing new clusters of research excellence;

(h) The extent to which the proposed program will meet an existing statewide need for quality graduate students;

(i) The extent to which the proposed program will demonstrate productivity or future capacity for the recruitment of scientists and quality graduate students;

(j) The extent to which the proposed program will create additional capacity in education and enhance economic development;

(k) The extent to which the proposed program coordinates with and enhances the positive impact on choose Ohio first scholarships by encouraging students to complete undergraduate and graduate degrees in one or more STEM fields or medicine.

(2) Evaluation criteria in the case of a joint request for proposal will include those criteria set forth above as well as such other criteria as may be developed by the parties to the request for proposals. Detailed itemization of all evaluation criteria will be included in the request for proposals.

(D) Public meeting

Prior to final funding decisions by the chancellor or the chancellor’s designee, each proposal submitted for consideration shall be summarized by the chancellor’s staff at a public meeting. Each lead applicant with a proposal pending for consideration shall have the opportunity to review the summary and answer questions or respond to concerns about the proposal raised by the chancellor’s staff.

(E) Selection and grant agreement preparation

Upon completion of the review and evaluation process, and after recommendations have been made, the chancellor or chancellor’s designee shall determine which proposals receive awards, in whole or in part.

(1) An award may require changes to the proposal and budget due to evaluation findings, funding changes, or other reasons. Awardees are expected to complete the project as described in the proposal as funded and as amended.

(2) After a proposal has been selected for funding, approval from the state controlling board for the final grant agreement is required. A lead applicant institution or a collaborating institution of a proposal selected for funding and seeking approval from the state controlling board may be required to attend the controlling board meeting.

Effective: 11/12/2008

R.C. 119.032 review dates: 11/12/2013

Promulgated Under: 119.03

Statutory Authority: 3333.61

Rule Amplifies: 3333.61, 3333.62, 3333.63

Prior effective dates: 10/30/07 (Emer)

(A) Awards

(1) A grant will be awarded by the chancellor or chancellor’s designee and approved by the controlling board based on the proposal as amended with the inclusion of a revised budget or other amended conditions as needed. The grant will remain open for the duration of the project plus a three-year reporting period when annual reports are required. Funding at the requested levels will be contingent upon performance against the stated goals.

(2) Limitations on awards

Minimum and maximum award requests may be established.

(B) Agreements

(1) The university or college with an award approved by the controlling board shall enter into an agreement. The term of agreement under an award from this program will not exceed five years and mandate three additional years of required reporting after funding.

(a) The project period is the time during which the active work funded by the grant will take place.

(b) During the remaining three years, the grantee will be required to submit an annual report detailing the overall status of the research and commercialization activities, and economic impacts of the project.

(2) The chancellor reserves the right to take back state allocated funds not spent during the terms of the agreement.

(3) The grant agreement will specify the source of the funding, or, if applicable, sources of the funding.

(4) All agreements shall comply with the following state and federal requirements:

(a) The grantee is required to comply with all applicable federal, state, and local laws in the performance of the project.

(b) The grantee must affirmatively covenant that it does not owe:

(i) Any delinquent taxes to the state of Ohio or a political subdivision of the state;

(ii) Any moneys to the state or a state agency for the administration or enforcement of any environmental laws of the state; and

(iii) Any other moneys to the state, a state agency or a political subdivision of the state that are past due, whether the amounts owed are being contested in a court of law or not.

(c) The grantee must accept full responsibility for payments of all unemployment compensation, insurance premiums, workers’ compensation premiums, all income tax deductions, social security deductions, and any and all other taxes or payroll deductions required for all employees engaged by the grantee on the performance of the work authorized by this agreement.

(5) A program administrator will be assigned to work with the grantee throughout the duration of the project. The program administrator and the grantees will develop a series of performance metrics that will be used to measure progress on the grant. Grantees will be required to submit required quarterly progress and metrics reports as well as invoices and expenditures reports, document achievement of milestones, report success stories, and submit post-grant annual reports. The lead applicant on a proposal chosen for a grant will be required to submit reports and invoices through specified mechanisms.

(6) Any grantee that violates the terms of its grant agreement may be required to repay the award plus interest at the rate specified in section 5703.47 of the Revised Code.

Effective: 11/12/2008

R.C. 119.032 review dates: 11/12/2013

Promulgated Under: 119.03

Statutory Authority: 3333.61

Rule Amplifies: 3333.62, 3333.65, 3333.68, 3333.69

Prior effective dates: 10/30/07 (Emer)

(A) Award sources

An award, as specified in the grant agreement, may be funded from endowment funds, operating funds, capital funds, or a combination thereof.

It is expected that the mix of funds requested from the three categories will be reasonably balanced and directly support the required growth plan.

(B) Limitation on use of funds

(1) The use of endowment funds may be limited to certain desired levels of positions.

(2) Capital funds for facilities and equipment and operating funds must be directly tied to endowed recruitment packages associated with the endowments or for direct support of enhancements to the research cluster that will increase the attractiveness of the research cluster to the new hires being sought.

(3) Funding for indirect costs may be budgeted up to a level of twenty per cent of the operating funds requested.

(4) Indirect costs are not allowed against endowment or capital facilities or equipment funds.

(5) Unrecovered indirect costs are an allowable form of cost share.

(C) Cost share requirement

(1) One to one ratio

The monetary value of the cost share commitment must be at least a dollar for every dollar of the award. The cost share committed may exceed the requirement for a one to one cost share ratio. However, that cost share ratio becomes a requirement of the grant agreement, regardless of the award amount and may not, at any time later, be lowered back to the one to one level.

The one to one cost share must be fulfilled within the five year project period.

(2) Cost share funding sources and limitations

(a) The cost share must include a commitment to provide a cash contribution to the endowment principal and/or additional salary for the new hires in an amount equal to the interest earned on the endowment over the five year project period.

(b) Cost share must be for allowable costs that are verifiable and auditable and consistent guidelines provided in the request.

(c) Cost share must be directly in support of the program plan rather than coincidental or related/similar allocations.

(d) Cost share must be necessary and reasonable to the project objectives.

(e) If the organizations have a published indirect cost rate, un-recovered indirect costs (the difference between twenty percent and the published rate) can be used as cost share. Without a published rate, this program will allow duplication of the twenty percent rate that becomes an allowable expense used as cost share. Only indirect costs not fully recovered from the requested state operating funds are eligible to be used as cost share.

(f) The expense of the cost share must take place during the project period. The cash cost share must be charged to resources of the lead applicant or collaborator and documented within the financial books of the lead applicant or collaborator. In addition to the requirements that may be set forth in the request for proposal, contributed equipment or space committed as in-kind cost share must have as its fair rental value a documented forgone charge or fee that otherwise would have accrued to the contributor for its use. This charge or fee must have otherwise been assessed and paid in the normal course of business with any other transaction.

Effective: 11/12/2008

R.C. 119.032 review dates: 11/12/2013

Promulgated Under: 119.03

Statutory Authority: 3333.61

Rule Amplifies: 3333.61, 3333.64, 3333.67

Prior effective dates: 10/30/07 (Emer)

(A) Authority

This rule is established by authority conferred upon the chancellor of the Ohio board of regents by section 3333.72 of the Revised Code.

(B) Policy and intent

The purpose of the Ohio co-op/internship program is to promote and encourage cooperative education programs and internship programs at Ohio institutions of higher education for the purpose of recruiting Ohio students to stay in the state and attracting back to Ohio students who left to attend out-of-state institutions of higher education, to participate in high quality academic programs that use cooperative education programs or significant internship programs. Such participation supports the growth of Ohio’s business by providing them with talented students and an experienced potential workforce, and providing Ohio graduates with job opportunities with Ohio companies and organizations.

(C) Definitions

(1) “Cooperative education program” means a partnership between students, institutions of higher education, and employers that formally integrates students’ academic study with work experience in cooperating employer organizations and that meets all of the following conditions:

(a) Alternates or combines periods of academic study and work experience in appropriate fields as an integral part of student education;

(b) Provides students with compensation from the cooperative employer in the form of wages or salaries for work preformed;

(c) Evaluates each participating student’s performance in the cooperative position, both from the perspective of the student’s institution of higher education and the student’s cooperative employer;

(d) Provides participating students with academic credit from the institution of higher education upon successful completion of their cooperative education;

(e) Is part of an overall degree or certificate program for which a percentage of the total program acceptable to the chancellor of the Ohio board of regents involves cooperative education.

(2) “Internship program” means a partnership between students, institutions of higher education, and employers that formally integrates students’ academic study with work or community service experience and that does both of the following:

(a) Offers internships of specified and definite duration;

(b) Evaluates each participating student’s performance in the internship position, both from the perspective of the student’s institution of higher education and the student’s internship employer.

An internship program may provide participating students with academic credit upon successful completion of the internship, and may provide students with compensation in the form of wages or salaries, stipends, or scholarships.

(3) “Eligible institution” means a state institution of higher education or a nonpublic university or college collaborating with a state institution of higher education.

(4) “Nonpublic university or college” means a nonprofit institution holding a certificate of authorization issued under Chapter 1713. of the Revised Code.

(5) “State institution of higher education” means the university of Akron, Bowling Green state university, Central state university, university of Cincinnati, Cleveland state university, Kent state university, Miami university, Ohio university, Ohio state university, Shawnee state university, university of Toledo, Wright state university, Youngstown state university, the northeastern Ohio universities college of medicine, any community college, any state community college, any university branch established under Chapter 3355. of the Revised Code, or any technical college.

(6) “Advisory committee” means the co-op/internship advisory committee created pursuant to section 3333.731 of the Revised Code.

(7) “Chancellor” means the chancellor of the Ohio board of regents.

(8) “Controlling board” means the entity established pursuant to section 127.12 of the Revised Code.

(D) Requests for proposals

(1) The chancellor shall prescribe a competitive process for making awards under this program to eligible institutions. The process shall include the periodic issuance of a request for proposals to all or any segment of the eligible institutions. Prior to the issuance of any request for proposals, the chancellor shall seek the advice of the advisory committee.

(2) The forms that will be used in the proposal process shall be prescribed by the chancellor and made available each time a request for proposals is issued. The requests for proposals process shall be published on the Ohio board of regents web page, located at www.regents.ohio.gov.

(3) Any request for proposals for the Ohio co-op/internship program shall include:

(a) Instructions for submitting a proposal, including the timelines for proposals, the required format and any specific forms to be used in the proposal;

(b) Eligibility requirements for submitting a proposal;

(c) Instructions for submitting information demonstrating that the pledge of private funds required pursuant to section 3333.74 of the Revised Code will be met, or that the institution is requesting a waiver of the requirement. Section 3333.74 of the Revised Code requires a pledge of private funds equal to the following:

(i) In the case of a program, initiative, or scholarships for undergraduate students, at least one hundred per cent of the money awarded;

(ii) In the case of a program, initiative, or scholarships for graduate students, at least one hundred fifty per cent of the money award.

(d) A description of the criteria that will be used to evaluate submitted proposals;

(e) A description of procedures that will be used to select the award recipients;

(f) Any special conditions or requirements that may accompany an award of funds.

(E) Proposal review and program awards

The chancellor shall review each proposal submitted in response to each request for proposals. Proposals received by entities deemed to be ineligible to submit proposals as defined in the request for proposals shall not be reviewed. The review of proposals shall include, but not be limited to, the consideration of one or more of the criteria specified in section 3333.73 of the Revised Code.

The chancellor shall seek the advice of the advisory committee prior to deciding on awards to submit to the controlling board for approval. The chancellor shall also seek the advice of the advisory committee subsequent to deciding awards but prior to submitting them to the controlling board.

The chancellor shall notify each lead, or co-lead, applicant of the decision concerning each respective proposal.

(F) Waiver of pledge of private funds

Any request for a waiver of the pledge of private funds required pursuant to section 3333.74 of the Revised Code included in any proposal shall be reviewed by the chancellor with the advisory committee. After such review, if the chancellor determines that exceptional circumstances do not exist, the waiver request shall be denied. If the chancellor determines that exceptional circumstances do exist, the chancellor may waive, in whole or in part, the requirement and shall provide to the controlling board as part of the request for approval of the award, an explanation for the waiver.

(G) Award requirements

(1) Any recipient of an Ohio co-op/internship award granted by the chancellor and approved by the controlling board shall enter into a grant agreement with the chancellor governing the use of the award.

(2) Any recipient of an Ohio co-op/internship award granted by the chancellor and approved by the controlling board shall be required to provide the chancellor with periodic program and fiscal reports as provided in the grant agreement.

(3) Award recipients shall agree to maintain financial and non-financial records documenting the activities of the funded program. Such records shall be subject to inspection and review at the discretion of the chancellor to ensure fiscal accountability, operating progress, and desired outcomes. The chancellor may require an award recipient that violates the terms of its agreement to repay the award plus interest at the rate required by section 5703.47 of the Revised Code. A decision of the chancellor to require such repayment shall be final.

(4) Award recipients shall agree to participate in any common marketing or branding strategy that may be specified by the chancellor for program awardees.

Effective: 02/16/2009

R.C. 119.032 review dates: 02/16/2014

Promulgated Under: 119.03

Statutory Authority: 3333.72

Rule Amplifies: 3333.72, 3333.73, 3333.74, 3333.75