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This website publishes administrative rules on their effective dates, as designated by the adopting state agencies, colleges, and universities.

Chapter 3333-1 | General Provisions

 
 
 
Rule
Rule 3333-1-02 | Definition of headcount enrollment and full-time equivalent enrollment, and requirements for higher education data reporting.
 

(A) Authority

This rule is adopted under authority conferred upon the chancellor of higher education by section 3333.04 of the Revised Code.

(B) Definitions

For purposes of this rule:

(1) "Enrolled student" means a student who takes coursework or participates in instructional activities offered by an institution. Such courses and activities must be under the direct academic control or approval of the institution, and delivered through the use of institutional resources. The chancellor may adopt guidelines that allow institutions to consider certain students as enrolled students in specific instances where courses are not delivered through the use of institutional resources.

(2) "Institution" means a state institution of higher education as defined by section 3345.011 of the Revised Code.

(3) "Credit instruction" means academic instruction in the context of a course or activity leading to the award of credit by a regionally or nationally accredited institution of higher education. Such credit is generally acknowledged as applicable toward the attainment of a degree or certification.

(4) "Developmental course" means a course which is below college level and cannot be applied toward the requirements for a certificate or degree program.

(5) "General studies course" means a course of credit instruction which is general, introductory, or core in nature. Courses which satisfy distributive requirements, the set of courses which provide students with a broad knowledge base, generally in the humanities, mathematics, natural sciences and social sciences, for a credit-bearing certificate, associate degree, or baccalaureate degree are considered to be general studies level courses.

(6) "Technical education course" means a course of credit instruction which is part of a credit-bearing certificate or associate degree program of technical education and is within the technical portion of a curriculum as defined by program approval standards established by the chancellor. Courses which are "basic" and "non-technical" within those standards are considered general studies level courses.

(7) "Baccalaureate course" means a course of credit instruction which is specialized within a discipline for the baccalaureate degree. The course is considered specialized when a specific set of knowledge or skills is required prior to enrollment. Typically these courses are reserved for students majoring in the field. Specialized courses designed to serve a related discipline are also considered baccalaureate courses.

(8) "Master's course" means a course of credit instruction which is designed for graduate instruction and is not specifically designed as a doctoral course. Courses which represent the graduate level component of advanced undergraduate courses (where a specific designation has been made that the course is creditable toward a graduate degree) are considered master's level courses, as is the master's level component of a graduate course designed to serve both this level and the doctoral level.

(9) "Doctoral course" means a course of credit instruction which is specifically designed for the instruction of students enrolled in programs of study in which enrollment is normally available only to students who have progressed beyond the level of at least a bachelor's degree, and which typically results in the attainment of a doctoral degree. The doctoral level component of a graduate course designed to serve both the doctoral level and the master's level is considered a doctoral level course.

(10) "Professional course" means a course of credit instruction which is part of a program of study leading to the first professional degree. Fields of professional study may include, but are not limited to, law, dentistry, medicine, veterinary medicine, optometry, osteopathy, and pharmacy.

(11) "Non-credit instruction" means instruction in the context of a course or activity for which a learner does not earn any academic credit.

(12) "Contract and grant funded course" means a course or course section that is offered pursuant to a grant or contract from a sponsor such as a government entity, school district, or private enterprise where the intent of the grant or contract is to compensate the college or university for some or all of the costs of delivering the instruction to enrolled students.

(13) "Semester credit hour" means a minimum of seven hundred fifty minutes of formalized instruction that typically requires students to work at out-of-class assignments an average of twice the amount of time as the amount of formalized instruction (one thousand five hundred minutes), or credit earned through competency-based education. It is acknowledged that formalized instruction may take place in a variety of modes.

While awarding semester credit hours typically occurs for instruction delivered in accordance with an institution's standard semester calendar, it may also occur for instruction that may not follow the typical pattern of an institution's standard semester calendar as long as the criteria for awarding such credit is met.

Credit hours may be calculated differently for certain types of instructional activities, including but not limited to: laboratory instruction, clinical laboratory instruction, directed practice experience, practicum experience, cooperative work experience, field experience, observation experience, seminar, miscellaneous and studio experience. The chancellor may adopt guidelines to specify these calculations.

(14) "Quarter credit hour" means a minimum of five hundred minutes of formalized instruction for an academic quarter that typically requires students to work at out-of-class assignments an average of twice the amount of time as the amount of formalized instruction (one thousand minutes).

While awarding quarter credit hours typically occurs for instruction delivered in accordance with an institution's standard quarter calendar, it may also occur for instruction that may not follow the typical pattern of an institution's standard quarter calendar as long as the criteria for awarding such credit is met.

(15) "Formalized instruction" means instruction for which the instructor, or instructors in a disaggregated faculty model, bears the primary responsibility for delivery, acknowledging that the delivery may take place in a variety of modes.

(16) "Student credit-hour enrollment" generally means the number of student credit hours of course registration for each quarter, semester, or term as of the end of business on the fifteenth calendar day of classes reflecting all withdrawals or changes of registration as of the end of business on that date and subsequently approved by that office. Students enrolled in courses offered on a flexible schedule may be included if student registration is completed by the end of business as of twenty per cent of the time taken to complete the course. The chancellor may prescribe the manner by which student credit hour enrollment is to be reported with regard to courses meeting fewer than seven consecutive days, and with regard to programs operated on a calendar which is different from the regular institutional calendar, and with regard to programs offered using a competency-based education approach.

(17) "Week of instructional time" means for purposes of the definition of academic semester, academic quarter and academic year, a week of instructional time is any period of seven consecutive days in which at least one day of regularly scheduled instruction, examination, or (after the last day of classes) at least one scheduled day of examinations occurs.

(18) "Academic year" means a period of time that is at least thirty weeks in length counting periods of time (terms) that begin on the first day of classes and end on the last day of classes or examinations. The thirty weeks are to be measured exclusive of compressed terms (e.g., summer term).

(19) "Full-time-equivalent enrollment" means the measure of enrollment determined by dividing total student credit hour enrollment for an entire academic year by thirty for institutions using a semester calendar and by forty-five for institutions using a quarter calendar.

For purposes of computing the full-time equivalent enrollment at the master's doctoral and professional levels, only students who have been admitted as master's, doctoral, or professional students and who have earned a bachelor's degree will be included.

(20) "Full-time-equivalent student in medical programs" means the headcount of students enrolled for the degrees doctor of medicine, doctor of osteopathy, doctor of veterinary medicine, and doctor of dental surgery.

(21) "Academic quarter" means a period of time that consists of no fewer than ten calendar weeks and no more than eleven calendar weeks of instructional time. The inclusion of breaks or holidays within any particular quarter is at the discretion of the institution so long as the institution is in compliance with the criteria that defines a week of instructional time, and is in compliance with the criteria for awarding quarter credit hours.

(22) "Academic semester" means a period of time that consists of no fewer than fifteen calendar weeks and no more than seventeen calendar weeks of instructional time. The inclusion of breaks or holidays within any particular semester is at the discretion of the institution so long as the institution is in compliance with the criteria for awarding semester credit hours.

(23) "Flexibly scheduled course" means a course section not meeting during the institution's regular academic term as well as a course section meeting during the regular academic term offered in a substantially different manner than a fixed number of meeting times per week for all weeks of the term.

(24) "Headcount enrollment" means a count of enrolled students in which each student, regardless of their level of instructional activity, counts as one student.

(25) "For audit purposes" describes enrollment by a student in a course section for which the student elects not to be awarded credit.

(26) "Competency-based education", or CBE, means a pedagogical approach in which academic credit is awarded based on competencies achieved rather than instructional time. Competency-based education does not include credit awarded for prior learning assessments, advanced placement, or international baccalaureate exams, or other similar activities.

(27) "Disaggregated instructor model" means a model in which the instructional responsibilities for the course are divided among a number of instructors, each performing specific tasks essential to instruction (e.g., curriculum design, content instruction, student assessment).

(C) Higher education data reporting

(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, and for purposes of computing full-time-equivalent enrollment, each institution is to prepare and submit data files to the chancellor which accurately reflect student enrollments during the periods reported and the specific location of the instructional offering.

(2) Each institution is to submit such additional data to the chancellor as the chancellor may determine to be necessary in order to report on higher education outcomes and guide program development and assessment, strategic planning, and budget development and implementation.

(3) The staff of the chancellor may review the data submitted by institutions for consistency and accuracy. Such review may include audits that compare selected data supplied through file submissions to source data provided by institutions. If the results of these reviews indicate that institutional data are inaccurate, the chancellor may direct that the data be corrected and may further direct that any payment made to the institution relying on such data be recomputed.

(D) Reporting of student characteristics

In the enrollment files submitted each term, each institution shall report for each enrolled student, in the manner prescribed by the chancellor, characteristics specified by the chancellor. In addition to reporting such characteristics, each institution will specifically indicate and identify the following:

(1) Male students who have failed to meet selective 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.

(2) Students who have not paid fees for a prior term by the fifteenth day of the present term, and students who have not paid fees for the present term, without an exception as determined by the chancellor's staff. Those exemptions may apply to:

(a) Instances in which the student's financial aid and/or third party payment for the present term is in progress (examples could include state or federal government grants or employer or union tuition reimbursements).

(b) Instances in which the student signed a note agreeing to pay all instructional fees according to the policies of the college or university for the present term.

(3) The residency status of each student. In determining whether or not an enrolled student is an Ohio resident for purposes of the payment of state subsidy, each state-assisted institution will rely on rule 3333-1-10 of the Administrative Code.

(4) Graduate students who, by the preceding term, have earned more than two hundred sixty quarter or one hundred seventy-four semester credit hours. For the purpose of calculating these credit hour values, a student should be credited with fifty-one quarter or thirty-four semester credit hours if that student has already earned a master's degree from another institution. Professional level credit hours are not included in this calculation.

(5) Medical students whose studies in professional level medical instruction will exceed thirteen quarters or nine semesters (four academic years and one summer) because the student was required by the institution to repeat a portion of the curriculum.

(6) Students who have earned more than one hundred thirty-five quarter hours or ninety semester hours of course credit while seeking a doctorate of audiology, physical therapy or occupational therapy.

(E) Reporting of course characteristics

In the course characteristics files submitted each term, each institution will specifically indicate and identify, in the manner prescribed by the chancellor, the following:

(1) The course level for each course as prescribed by guidelines issued by the chancellor. The course level will be one of the following:

(a) Developmental course.

(b) General studies course.

(c) Technical education course.

(d) Baccalaureate course.

(e) Master's course.

(f) Doctoral course.

(g) Professional course.

(2) Whether the course is a course of credit instruction or of non-credit instruction.

(3) Whether the course is eligible or not eligible for state support.

(F) Reporting of student course enrollment characteristics

In the student course enrollment files submitted each term, each institution will report the students enrolled in each course, in the manner prescribed by the chancellor. Additionally each institution will specifically indicate and identify the following:

(1) Course enrollments by students for audit purposes only.

(2) Student course outcomes in a manner prescribed by the chancellor.

Last updated January 17, 2024 at 8:38 AM

Supplemental Information

Authorized By: 3333.04
Amplifies: 3333.04
Five Year Review Date: 1/13/2029
Prior Effective Dates: 7/28/1977, 2/27/1984, 11/19/2010
Rule 3333-1-02.1 | Relationship of enrollment data to state funding of higher education.
 

(A) Authority

This rule is adopted under authority conferred upon the chancellor of higher education by section 3333.04 of the Revised Code.

(B) Considerations for state funding

State funding support of institutions may be determined by a variety of factors that include, but are not limited to, the characteristics of enrolled students, the characteristics of course and course sections, and course outcomes. The computations of state funding support will be computed pursuant to the manner prescribed by law.

(1) The following categories of students will not be factored into computations that results in payments to institutions of higher education:

(a) 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.

(b) Students who have not paid fees for a prior term by the fifteenth day of the present term.

(c) Students whose Ohio residency status under rule 3333-1-10 of the Administrative Code makes them ineligible for state funding support.

(d) Graduate students who, by the preceding term, have earned more than two hundred sixty quarter or one hundred seventy-four semester credit hours. For the purpose of calculating these credit hours if that student has already earned a master's degree from another institution. Professional level credit hours are not included in this calculation.

(e) Medical students whose studies in professional level medical instruction will exceed thirteen quarters or nine semesters (four academic years and one summer) because the student was required by the institution to repeat a portion of the curriculum.

(f) Students who have earned more than one hundred thirty-five quarter hours or ninety semester hours of course credit while seeking a doctorate of audiology, physical therapy or occupational therapy.

(2) The following course enrollments are factored into computations that result in payments to institutions of higher education as specified:

(a) Course enrollments reflecting students enrolled for audit purposes only will not be factored into payment computations.

(b) Course enrollments in contract and grant funded course sections offered pursuant to a grant or contract from a sponsor such as a government entity, school district, or private enterprise where the intent of the grant or contract is to compensate the college or university for some or all of the costs of delivering the instruction to enrolled students may receive differential funding treatment. In cases where the total costs of delivering the instruction are covered by the grant or contract, the course enrollments will not be eligible for any state funding. The chancellor may issue guidelines on the specific definition of total costs to be used. In cases of partial cost coverage, the course enrollments may be eligible for reduced state support, pursuant to guidelines issued by the chancellor.

(c) Course enrollments in credit and non-credit instruction will be separately factored into such payment computations as may be specified for each type of instruction.

Last updated January 17, 2024 at 8:38 AM

Supplemental Information

Authorized By: 3333.04
Amplifies: 3333.04
Five Year Review Date: 1/13/2029
Prior Effective Dates: 7/1/1976, 2/27/1984, 11/19/2010, 2/1/2018
Rule 3333-1-03 | Release of funds from appropriations for capital improvements.
 

(A) Authority

This rule is established by authority conferred upon the chancellor of higher education 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 chancellor 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 department of higher education; 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 rule 3333-1-24 or 3333-1-28 of the Administrative Code.

(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 chancellor of higher education.

(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 chancellor of higher education, 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 chancellor will advise the institution. In addition, the chancellor shall monitor the applicable projects in accordance with the provisions of rule 3333-1-30 of the Administrative Code pursuant to division (D) of section 3345.51 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 chancellor 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 twenty 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 twenty-year term, which reimbursement shall be calculated by dividing the funds contributed by the state of Ohio by twenty and multiplying that sum by twenty 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 chancellor of higher education.

Supplemental Information

Authorized By: 3333.04
Amplifies: 3345.50, 3345.51
Five Year Review Date: 5/25/2025
Prior Effective Dates: 5/7/1982, 12/30/1988, 2/6/2014, 7/16/2017
Rule 3333-1-04 | Standards and processes for consideration of new undergraduate degrees and new undergraduate programs of study.
 

(A) Authority

This rule is adopted under authority conferred upon the chancellor of higher education by division (N) of section 3333.04 of the Revised Code:

"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 undergraduate degree" means a recognition or award for completion of a prescribed course of study in an institution of higher education designated by the recognized titles of associate of arts, associate of science, associate of applied business, associate of applied science, associate of technical study, associate of individualized study, bachelor of arts, bachelor of science, bachelor of applied science or other baccalaureate degrees in professional and technical fields of study such as the bachelor of education, bachelor of fine arts, bachelor of science in nursing, bachelor of social work, and so on.

(2) A "new undergraduate program of study" means any prescribed course of study in an institution of higher education which constitutes a major, technical major, minor, concentration or certificate (one year technical, short term technical, undergraduate, post-baccalaureate) leading to a recognized degree or specific employment situation which was not in effect as of September 20, 1963, and which has not been previously approved by the chancellor higher education.

(3) A "state-assisted institution of higher education" has the same definition as set forth in section 3345.011 of the Revised Code.

(C) Procedure for consideration

(1) Any state college, university, and other state-assisted institution of higher education that intends to award a new undergraduate degree or new undergraduate program of study must demonstrate compliance with the chancellors standards for academic programs as outlined in the Ohio department of higher educations manual, titled "Guidelines and Procedures for Academic Program Review" and available on the chancellors website www.ohiohighered.org. Compliance with the standards ensures that each institution of higher education meets basic expectations for academic degrees or instruction creditable toward such degrees. Institutions are responsible for maintaining all academic programming in accordance with the standards and for notifying the chancellor, as outlined in "Guidelines and Procedures for Academic Program Review," of any substantive change.

(2) Any state college, university, and other state-assisted institution of higher education that requests approval to award a new undergraduate degree or new undergraduate program of study must submit information on the following items to the chancellor: accreditation status, institutional mission and governance, resources and facilities, academic policies, student support services, general education requirements, program operations, faculty credentials, faculty capacity, program curriculum, assessment, online learning (if applicable), prospective enrollment, projected financial needs to support the program and adequacy of expected subsidy and other income to meet program needs, alignment with Ohios transfer policy, evidence of workforce need and student interest, and collaboration, coordination and program duplication.

(3) A member of the chancellors staff will assist an institution in the development and review of a request to award a new undergraduate degree or undergraduate program of study according to the processes outlined in the "Guidelines and Procedures for Academic Program Review." The chancellor or a member of the chancellors staff may coordinate the submission of materials and review of a request with an institutional or specialized accrediting body in instances where the new undergraduate degree or undergraduate program of study will also be reviewed by such entities.

(4) The chancellor may, as part of the chancellors review, consider comments from the chancellors staff, peer review, public comment, or the outcome of an institutional or specialized accreditation review. The decision to approve or disapprove a request, and the conditions by which a request is approved or disapproved, lies solely with the chancellor.

(D) Review of new undergraduate degrees or new undergraduate programs of study that lead to educator preparation licenses and endorsements

(1) Any state college, university, and other state-assisted institution of higher education that intends to award a new undergraduate degree or new undergraduate program of study that leads to an educator preparation license or endorsement must be approved by the chancellor pursuant to this rule as well as section 3333.048 of the Revised Code and rule 3333-1-16 of the Administrative Code. A member of the chancellors staff will assist the institution in the coordination of such reviews.

(E) Changes to approved undergraduate degrees or undergraduate degree programs

(1) Any state college, university, and other state-assisted institution of higher education that has been approved by the chancellor to award an undergraduate degree or undergraduate program of study may request approval to make changes to the program according to this rule. The chancellor or a member of the chancellors staff will assist the institution in the coordination of such reviews.

(2) Any state college, university, and other state-assisted institution of higher education that has been approved by the chancellor to award an undergraduate degree or undergraduate program of study that leads to an educator preparation license or endorsement may request approval to make changes to the program pursuant to this rule as well as section 3333.048 of the Revised Code and rule 3333-1-16 of the Administrative Code. The chancellor or a member the chancellors staff will assist the institution in the coordination of such reviews.

(F) Periodic review

(1) The chancellor reserves the right to perform periodic reviews of undergraduate degrees and undergraduate programs of study to ensure that the programs remain in compliance with the standards set forth in the "Guidelines and Procedures for Academic Program Review." The chancellor or a member of the chancellors staff will assist the institution in the coordination of such reviews.

(2) The chancellor will perform periodic reviews of state colleges, universities, and other state-assisted institutions of higher education to ensure that each institution remains in compliance with the processes set forth in the "Guidelines and Procedures for Academic Program Review." Institutions should notify the chancellor at least twelve months before the institutions reaffirmation review with the higher learning commission and should communicate the results of the review to the chancellor at the conclusion of the review.

(3) An institution must inform the chancellor, according to the "Guidelines and Procedures for Academic Program Review," any time an institutional or specialized accrediting body, or state licensing agency, informs the institution of a finding that could place the institutions or programs accreditation, or state licensing approval, in jeopardy. The chancellor or a member of the chancellors staff will work with the institution to determine the steps needed to maintain approval and to coordinate activities with the appropriate accrediting body or state agency.

(G) Effective date

The procedures established by this rule shall become effective upon adoption of this rule, and shall be applicable to all new undergraduate degree and undergraduate programs of study pending as of the effective date or submitted thereafter.

Last updated October 24, 2022 at 9:16 AM

Supplemental Information

Authorized By: 3333.04
Amplifies: 3333.04
Five Year Review Date: 10/24/2027
Prior Effective Dates: 7/6/1972, 1/30/1975, 3/10/2016
Rule 3333-1-05 | Standards and processes for consideration of educator preparation programs of study.
 

(A) Authority

This rule is adopted under authority conferred upon the chancellor of higher education by sections 3333.048 and 3333.049 of the Revised Code.

(B) Definitions

(1) "Institution of higher education" means any state-assisted institution of higher education as defined by section 3345.011 of the Revised Code as well as any institution as defined by section 1713.01 of the Revised Code.

(C) General

(1) An institution of higher education desiring to prepare individuals for Ohio teacher and other school personnel licensure in grades prekindergarten through twelve shall request approval from the chancellor to offer a program leading to a specific type of license or licenses. This requirement includes programs leading to an endorsement to an Ohio educator license, as designated by the state board of education pursuant to section 3319.22 of the Revised Code. The determination of the chancellor to approve an institution of higher education to offer an educator preparation program will be based on the following:

(a) Evidence of meeting the standards of a national educator preparation accrediting agency recognized by the U.S. department of education and/or the council for higher education accreditation;

(b) Consideration of the performance of graduates as demonstrated by the statewide educator preparation program metrics as provided in paragraph (E) of this rule;

(c) Chancellor requirements for curriculum, clinical experiences, faculty qualifications, and faculty development as outlined in the Ohio department of higher educations manual, titled "Guidelines and Procedures for Academic Program Review" and dated August 2, 2016;

(d) The manual is available on the chancellors website.

(2) Evidence of faculty credentials, coursework, assessments and experiences designed to include the following:

(a) All requirements for licensure including the resident educator license established by the state board of education;

(b) The Ohio standards for the teaching profession, the Ohio standards for principals, or the Ohio standards for superintendents, and the Ohio standards for educator professional development adopted by the state board of education, as applicable;

(c) Specialized national professional association standards or state standards as determined by the chancellor and listed on the chancellors website;

(d) The Ohio learning standards and curriculum models adopted by the state board of education for prekindergarten through twelfth grade education;

(e) Minimum standards for elementary and secondary schools prescribed by the state board of education pursuant to section 3301.07 of the Revised Code, as applicable;

(f) Preparation in relating curriculum content for prekindergarten through grade twelve students to essential long-term skills and career fields;

(g) A minimum of one hundred clock hours of field experience prior to supervised student teaching and a minimum of twelve weeks of supervised student teaching for initial teacher licensure, with the field and clinical experiences split as evenly as possible for dual programs that lead to two licenses simultaneously;

(h) A minimum of fifty clock hours of field experiences for each endorsement and each additional licensure area beyond the candidates initial license;

(i) Training in the value-added progress dimension and student growth measures implemented by the Ohio department of education for elementary and secondary schools, and methods of interpreting such data;

(j) Coursework in the teaching of reading and phonics as required in section 3319.24 of the Revised Code;

(k) Training in all programs leading to primary (PK-5), middle childhood, adolescence/young adult, and intervention specialist licensure on effective methods of instruction for individuals with dyslexia.

(l) Instruction in opioid and other substance abuse prevention for all educator and other school personnel preparation programs for all content area and grade levels that includes the following:

(i) Information on the magnitude of opioid and other substance abuse;

(ii) The role educators and other school personnel can play in educating students about the adverse effects of opioid and other substance abuse;

(iii) Resources available to teach students about the consequences of opioid and substance abuse;

(iv) Resources available to help fight and treat opioid abuse.

(m) A semester course, or the equivalent to address positive behavior interventions, social emotional learning, and trauma informed instruction for programs leading to license to teach in any grades pre-kindergarten through five as required in section 3319.237 of the Revised Code;

(n) A requirement that each candidate for an educator license who enters the program in the 2022-2023 academic year, or any academic year thereafter, receive instruction in computer science and computational thinking, as applied to student learning and classroom instruction, as appropriate for the grade level and subject area of the candidate's prospective educator license as required by section 3333.049 of the Revised Code.

(3) Annually, the chancellor will report a licensure examination pass rate status to each institution of higher education that has been approved to prepare individuals for teacher licensure in grades prekindergarten through twelve. The status will be one of the following:

(a) "Effective"

(b) "At risk of low performing"

(c) "Low performing"

(i) The chancellor will determine that an educator preparation provider is "effective" if the overall institutional summary pass rate of candidates who have completed that institution's educator preparation programs on all requisite examinations is eighty per cent or greater.

(ii) The chancellor will determine that an educator preparation provider is "at risk of low-performing" if it has a licensure pass rate under eighty per cent on all requisite examinations.

(iii) The chancellor will determine that an educator preparation provider is "low performing" if it has a licensure pass rate under eighty per cent on all requisite examinations for more than three consecutive years.

(4) Any educator preparation provider at an Ohio institution of higher education with a status of "Low performing" may request technical assistance from the chancellor in formulating and implementing a continuous improvement plan.

(D) The chancellor will review program proposals at least twice a year and determine their approval status as approved or not approved.

(1) The chancellor will designate a new or continuing educator preparation program as approved for a maximum of seven years if the program meets applicable conditions of paragraph (E) of this rule to the satisfaction of the chancellor and if the institution maintains the chancellors authorization and recognized institutional accreditation.

(2) The chancellor may require annual progress reports as a condition of approval;

(3) The chancellor may designate a new or continuing educator preparation program as not approved if it fails to meet applicable requirements in paragraph (C) of this rule.

(a) Any student enrolled in an educator preparation program at the time of the determination of the programs status as not approved will be permitted to complete the program by a deadline established by the chancellor and upon completion of program requirements may be recommended by the institution as a candidate for licensure.

(b) A program designated as not approved shall not admit any new students until the program is granted approval by the chancellor. Any student enrolled in the program at the time of the denial may complete the program and be recommended by the institution as eligible for licensure. Within sixty days of the chancellors denial of approval, the institution must submit academic transition and/or graduation plans for currently enrolled students to the chancellor for review and approval.

(c) An institution of higher education may re-submit a proposal for a new program deemed not approved in a subsequent review period.

(E) Any institution offering an educator preparation program that leads to an Ohio license shall submit data to the chancellor for inclusion in an annual public report. The report will include aggregate measures of educator preparation programs based on key metrics, such as:

(1) Assurance indicators, including:

(a) Aggregate program completer pass rates on the state licensure test, identified by the state board of education;

(b) Program completer pass rates on teaching skills assessments;

(c) A growth metric identified by the Ohio department of education (ODE), reporting student growth data and linked to educator effectiveness; and

(d) Candidate academic and non-academic measures requisite for program admission.

(2) Continuous improvement indicators, including:

(a) National accreditation;

(b) Field and clinical experience descriptors;

(c) Teacher candidate satisfaction survey results;

(d) Alumni survey results;

(e) Mentor survey results;

(f) Employer survey results;

(g) Percent of candidates transitioning from residency to professional license;

(h) Other initiatives or measures determined by the chancellor.

(3) Excellence and innovation indicators, including:

(a) Partnerships with elementary and secondary schools;

(b) Placement in hard-to-staff schools;

(c) Use of innovative technologies for instruction;

(d) Quality of partnerships with prekindergarten through grade twelve schools;

(e) Other initiatives or measures determined by the chancellor.

(F) At any time, the chancellor may call for follow-up review of any educator preparation program leading to an Ohio license to ensure continued compliance. The following conditions may prompt an immediate inspection of an institution:

(1) A program that is designated further development required, recognized with conditions, recognized with probation, or not recognized status from a specialized professional association;

(2) Aggregate program pass rate on a teaching skills assessment that falls below the minimum benchmark established by the chancellor;

(3) Three years of aggregate program mean scores on the employer survey, alumni survey, and/or resident educator survey that indicate areas for improvement as determined by the chancellor;

(4) Changes in program requirements or standards in paragraph (C) of this rule;

(5) Changes in data or indicators required under paragraph (E) of this rule for the annual educator preparation program performance report;

(6) Ranking in the bottom quartile of assurance indicators in paragraph (E)(1) of this rule for three consecutive years, compared to peer programs;

(7) The chancellor does not approve the degree program responsible for the educator preparation program;

(8) Aggregate annual program pass rates on state licensure tests that fall below the minimum benchmark established by a national accreditor.

(G) The chancellor may revoke the approval of any educator preparation program leading to an Ohio license if the follow-up review reveals insufficient evidence that the program is meeting all state requirements.

(H) Institutions may place an approved educator license or endorsement program into dormancy and immediately stop admitting new students into the program by submitting the form provided by the chancellor for dormancy. Institutions will be able to reactivate the program and admit new students by submitting the form provided by the chancellor for reactivation so long as the reactivation occurs within the same chancellor approval period as the dormancy. Reactivations requested after the chancellor approval period has been renewed will have to go through the new program approval process as described in paragraph (D) of this rule.

(I) Any institution offering programs leading to an endorsement of a teacher license shall align with state board of education and national accrediting body standards and requirements as summarized by the chancellor at https://highered.ohio.gov/educators/academic-programs-policies/academic-program-approval/educator-preparation/ed-prep-institutions#requirements.

(J) While there is no time limit between completion of program requirements and recommendation for licensure or endorsement, programs must assure that the candidate meets all the current requirements of the credential for which she or he is recommended. This may require that the candidate complete additional coursework or current assessments.

(K) The chancellor may require fees, pursuant to rule 3333-1-13 of the Administrative Code to provide for the review of educator license and endorsement preparation programs at institutions as defined by section 1713.01 of the Revised Code.

Last updated May 30, 2023 at 8:30 AM

Supplemental Information

Authorized By: 3333.048, 3333.0414, 3333.049
Amplifies: 3333.048, 3333.0414, 3333.049, 3319.237
Five Year Review Date: 5/28/2028
Rule 3333-1-06 | Public notice of proposed rule adoption, amendment, or rescission.
 

(A) Authority

This rule is adopted pursuant to the requirements of section 119.03 of the Revised Code.

(B) Procedure

When the chancellor of the Ohio department of higher education is required by Chapter 119. of the Revised Code to conduct a public hearing prior to adopting, amending, or rescinding a rule, the chancellor of the Ohio department of higher education shall give public notice in the register of Ohio of its intention to consider adopting, amending, or rescinding such rule or rules. The content and timing of such public notice shall conform to the requirements of section 119.03 of the Revised Code. The chancellor of the Ohio department of higher education may give additional notice as deemed 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 chancellor of the Ohio department of higher education.

Supplemental Information

Authorized By: 3333.04
Amplifies: 3333.04
Five Year Review Date: 5/25/2025
Prior Effective Dates: 5/1/1075, 10/1/2014
Rule 3333-1-07 | Standards and processes for consideration of new graduate degrees and new graduate programs of study.
 

(A) Authority

This rule is adopted under authority conferred upon the chancellor of higher education by section 3333.04 of the Revised Code:

"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 graduate degree" is a recognition or award for the completion of a prescribed course of study beyond the baccalaureate degree in an institution of higher education designated by such recognized titles as "Doctor of Philosophy," "Doctor of Education," "doctor" of other specialized fields of professional education, "Master of Arts," "Master of Science," "Master of Education," or "master" of other specialized fields of professional education.

(2) A "new graduate program of study" means any proposed course of study in an institution of higher education which constitutes a major or post-baccalaureate or post-masters certificate (of twenty-one or more semester credit hours) leading to a recognized degree which was not in effect as of September 20, 1963, and which has not been previously approved by the chancellor of higher education.

(3) A "state-assisted institution of higher education" has the same definition as set forth in section 3345.011 of the Revised Code.

(C) Procedure for consideration

(1) Any state-assisted institution of higher education that intends to award a new graduate degree or new graduate program of study must demonstrate compliance with the chancellors standards for academic programs as outlined in the Ohio department of higher educations manual, titled "Guidelines and Procedures for Academic Program Review" which can be found at ohiohighered.org. Compliance with the standards ensures that each institution of higher education meets basic expectations for academic degrees or instruction creditable toward such degrees. Institutions are responsible for maintaining all academic programming in accordance with the standards and for notifying the chancellor, as outlined in "Guidelines and Procedures for Academic Program Review," of any substantive change.

(2) In planning and coordinating the development of new graduate degrees and new graduate programs of study, the chancellor will be assisted by an advisory council on graduate studies to consist of one representative designated by the president of each state-assisted institution of higher education. The chancellor may include representatives of private institutions at the request of the president of the institution.

(3) It is expected that new graduate degrees and graduate programs of study will be planned and developed over a period of time. It is desirable that the chancellor and the advisory council on graduate studies be informed and involved in such planning and development.

(4) Any state-assisted institution of higher education that requests approval to award a new graduate degree or new graduate program of study must submit, using the guidelines and processes outlined in "Chancellors Council on Graduate Studies Guidelines and Procedures for Review and Approval of Graduate Degree Programs," which can be found at ohiohighered.org, information on the following items to the chancellor and the advisory council on graduate studies: designation of the new degree program, a rationale for the designation, a description of the focus of the program and its disciplinary significance and purpose; a description of the curriculum; administrative arrangements for the program; evidence of need for the new program, including opportunities for employment of its graduates; a description of other similar programs in the state and a discussion of potential duplication; prospective enrollment, special efforts to enroll and retain underrepresented groups; adequacy of the existing faculty, staff and facilities; need for additional faculty, staff and facilities; projected additional costs associated with the program and evidence of institutional commitment and capacity to meet those costs.

(5) A member of the chancellors staff and the advisory council on graduate studies will assist an institution in the development and review of a request to award a new graduate degree or graduate program of study according to the processes outlined in the "Chancellors Council on Graduate Studies Guidelines and Procedures for Review and Approval of Graduate Degree Programs." The advisory council on graduate studies will make a recommendation of appropriate action on the proposal to the chancellor.

(6) The chancellor may, as part of his or her review, consider comments from the advisory council on graduate studies, his or her staff, the public, or the outcome of an institutional or specialized accreditation review. The decision to approve or disapprove a request, and the conditions by which a request is approved or disapproved, lies solely with the chancellor.

(D) Review of new graduate degrees or new graduate programs of study that lead to educator preparation licenses and endorsements

(1) Any state-assisted institution of higher education that intends to award a new graduate degree or graduate program of study that leads to an educator preparation license or endorsement will be evaluated by the chancellor pursuant to this rule as well as section 3333.048 of the Revised Code and rule 3333-1-05 of the Administrative Code. The chancellor or a member of his or her staff will assist the institution in the coordination of such review.

(E) Changes to approved graduate degrees or graduate degree programs

(1) Any state-assisted institution of higher education that has been approved by the chancellor to award a graduate degree or graduate program of study may request approval to make changes to the program according to this rule. The chancellor or a member of his or her staff will assist the institution in the coordination of such reviews with the advisory council on graduate studies.

(2) Any state college, university, and other state-assisted institution of higher education that has been approved by the chancellor to award a graduate degree or graduate program of study that leads to an educator preparation license or endorsement may request approval to make changes to the program pursuant to section 3333.048 of the Revised Code and this rule. The chancellor or a member of his or her staff will assist the institution in the coordination of such reviews.

(F) Periodic review

(1) The chancellor will be informed of the periodic reviews of graduate degrees and graduate programs of study at state-assisted institutions of higher education in accordance with the procedures set forth in the "Chancellors Council on Graduate Studies Guidelines and Procedures for Review and Approval of Graduate Programs."

(2) The chancellor reserves the right to perform additional reviews of graduate degrees and graduate programs of study to ensure that the programs remain in compliance with the standards set forth in the "Guidelines and Procedures for Academic Program Review." The chancellor or a member of his or her staff will assist the institution in the coordination of such reviews.

(3) Institutions must inform the chancellor, according to the "Guidelines and Procedures for Academic Program Review," any time an institutional or specialized accrediting body, or state licensing agency, informs an institution of a finding that could place an institutions or programs accreditation or state licensing approval in jeopardy. The chancellor or a member of his or her staff will work with an institution to determine the steps needed to maintain approval and to coordinate activities with the appropriate accrediting body or state agency.

(G) Effective date

The procedures established by this rule shall become effective upon adoption of this rule, and shall be applicable to all new graduate degree and graduate programs of study pending as of the effective date or submitted thereafter.

Last updated October 25, 2023 at 11:49 AM

Supplemental Information

Authorized By: 3333.04
Amplifies: 3333.04
Five Year Review Date: 4/16/2026
Prior Effective Dates: 7/1/1977
Rule 3333-1-08 | Standards and processes for issuance of certificate of authorization under section 1713.03 of the Revised Code.
 

(A) Authority

This rule is adopted under the authority conferred upon the chancellor of higher education by section 1713.03 of the Revised Code.

(B) General

(1) All institutions as defined in section 1713.01 of the Revised Code must demonstrate compliance with the chancellor of higher educations (chancellor) standards for academic programs as outlined in the Ohio department of higher education manual, titled "Guidelines and Procedures for Academic Program Review" and dated August 2, 2016 (herein after referred to as the "manual"). Compliance with the standards ensures that basic expectations for academic degrees or instruction creditable toward such degrees are met by each institution that operates in the state. Institutions are responsible for maintaining all academic programming in accordance with the standards and for notifying the chancellor, as outlined in the manual, of any substantive change. When compliance is demonstrated, the institution is granted a certificate of authorization.

(2) The manual is available on the chancellors website.

(C) Initial authorization

(1) Certificates of authorization may be issued by the chancellor to a non-profit or for-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 as required by Chapter 1713. of the Revised Code.

(2) Applicants for authorization 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 does not prohibit the chancellor from reviewing and authorizing degree programs by duly constituted religious bodies otherwise meeting the requirements of Chapter 1713. of the Revised Code and outlined in this rule.

(3) Applicants for authorization must demonstrate compliance with the chancellors standards for academic programs which cover institutional accreditation, mission and governance, institutional and program resources and facilities, academic policies, student support services, curriculum, faculty capacity and credentialing and assessment. The standards and their implementation are further described in the manual.

(4) An application for a certificate of authorization is to be submitted to the chancellor with the required fees provided in rule 3333-1-13 of the Administrative Code. The institutions programs will be evaluated using the standards and processes outlined in the manual.

(a) Proposals for the authorization of undergraduate degrees such as the associate of arts, associate of science, bachelor of arts and bachelor of science will be evaluated using the processes outlined in the manual and authorization will ordinarily be granted for the full range of individual programs of instruction commonly recognized by award of these general degrees. Individual approval for fields of specialization within such general degrees will ordinarily not be required and will not be separately listed on the certificates of authorization.

(b) Proposals for the authorization of specialized undergraduate technical and professional education programs, such as, but not limited to, the associate of applied business in accounting, associate of applied science in respiratory therapy, bachelor of music, bachelor of science in nursing, bachelor of fine arts, and so forth will be evaluated independently using the processes outlined in the manual and authorization of such will be separately listed on the certificates of authorization.

(c) Proposals for the authorization of programs at the masters and doctoral levels, whether resulting in award of the general degrees such as, but not limited to, the master of arts, master of science, and doctor of philosophy or in particular fields of specialization such as, but not limited to, the master of business administration, master of social work, master of fine arts, doctor of education or the doctor of business administration and so forth will be evaluated independently using the processes outlined in the manual and authorization of such will be listed separately on the certificates of authorization.

(d) Proposals for the authorization of programs that lead to educator preparation licenses and endorsements will be evaluated independently using the processes outlined in the manual and as specified in rule 3333-1-05 of the Administrative Code and authorization of such will be listed on the chancellors website.

(e) Proposals for the authorization of programs at off-campus sites or using online or flexibly scheduled course delivery will be evaluated using the processes outlined in the manual and authorization of such will be listed separately on the certificates of authorization.

(5) Following application, each institution seeking initial authorization will be examined by representatives of the chancellor for the purposes of assessing the institutions compliance with the standards outlined in the manual. The institution is responsible for bearing the costs of the examination as specified in rule 3333-1-13 of the Administrative Code.

(6) At the conclusion of the examination process, a recommendation regarding initial authorization shall be posted on the chancellors website for a ten-day public comment period. At the conclusion of the public comment period, the recommendation and public comments will be presented to the chancellor for final consideration and approval.

(7) Upon the chancellors determination that an applicant institution is entitled to a certificate of authorization, an appropriate certificate attesting this action by the chancellor will be issued to the applicant institution and the institution is entitled to indicate, where appropriate, "certificate of authorization received from the chancellor of higher education" in its official publications. If the institution is incorporated, the institution shall file a copy of the certificate of authorization with the secretary of state as required by section 1713.02 of the Revised Code.

(D) Expansion of the scope of authorization

(1) An institution seeking authorization to expand the array of degree programs listed on its current certificate of authorization will be evaluated using the standards and processes outlined in the manual and will be subject to fees and expenses for such evaluation as specified in rule 3333-1-13 of the Administrative Code.

(2) An institution seeking authorization to change the way that its educational programs are offered (i.e., at off-campus sites or using online or flexibly scheduled course delivery) shall submit change request materials using the processes outlined in the manual.

(3) Proposals for the authorization of programs that lead to educator preparation licenses and endorsements will be evaluated independently using the processes outlined in the manual and as specified in rule 3333-1-05 of the Administrative Code and authorization of such will be listed on the chancellors website.

(4) The chancellor may request additional material or conduct a site visit in reviewing any request for expansion of the scope of authorization if, in the chancellors determination, the information submitted requires additional consideration.

(5) If the institution is incorporated, the institution shall file a copy of the amended certificate of authorization with the secretary of state as required by section 1713.02 of the Revised Code.

(E) Institutional reauthorization

All institutions authorized to operate in the state of Ohio shall undergo periodic reauthorization to ensure that the institution is following the standards outlined in the manual. To avoid duplicative and burdensome review processes, reauthorization reviews are completed in conjunction with the institutions regional, national or institutional specialized accreditor.

Applicants for reauthorization will be evaluated using the standards and processes outlined in the manual and will be subject to fees and expenses for such evaluation as specified in rule 3333-1-13 of the Administrative Code.

(F) Authorized institutions undergoing a major change

Authorized institutions shall inform the chancellor whenever changes occur that might affect the institutions ability to deliver its academic programs in compliance with the standards outlined in the manual. Major changes include, but are not limited to, a change of status (public, private not-for-profit, private for-profit), a change of ownership, or a change in regional, national, or specialized institutional or professional accreditation status. Institutions shall notify the chancellor when such changes occur so that the appropriate steps can be taken to ensure continuing authorization of the institution and its programs, or if necessary, begin the initial authorization process.

The necessary steps may range from a formal letter to the chancellor explaining the change (for changes that are expected to have minimal impact on the institutions ability to deliver its programs) to a re-authorization of the institution and its programs, including a proposal, site visit and provisional authorization period (for changes that are expected to impact substantially the institutions ability to deliver its programs). The chancellors staff members will work with institutions on a case-by-case basis to determine the steps needed to maintain authorization, or if necessary, the steps needed for initial authorization, and will coordinate authorization activities with the appropriate accreditors and state agencies.

(G) Chancellor-initiated review of authorization

The chancellor reserves the right to review an institution holding a certificate of authorization if the chancellor has reasonable belief that state standards as set forth in the manual are not being met or that any major change listed in paragraph (E) of this rule has occurred.

The chancellors staff members will work with institutions on a case-by-case basis to determine the steps needed to maintain authorization, or if necessary, the steps needed for initial authorization, and will coordinate authorization activities with the appropriate accreditors and state agencies.

(H) Revocation of certificate of authorization

Pursuant to section 1713.04 of the Revised Code, a certificate of authorization is subject to revocation for cause, which includes but is not limited to, non-compliance with the standards set forth in this rule and the manual or failure of the institution to affirm that it follows such standards as is required by paragraph (A) of this rule.

Last updated May 30, 2023 at 8:30 AM

Supplemental Information

Authorized By: 1713.03
Amplifies: 1713.03
Five Year Review Date: 5/28/2028
Rule 3333-1-09 | Commercial truck driver student aid program.
 

(A) Authority

This rule is established by authority conferred upon the chancellor of the Ohio department of higher education, in consultation with the director of public safety, by section 3333.125 of the Revised Code.

(B) Policy and intent

The purpose of the commerical truck driver student aid program is to promote and encourage Ohio's workforce development and job growth through educational training and retraining in programs related to employment opportunities in the commercial truck driving industry.

(C) A commercial truck driving school approved by the department of public safety as satisfying all of the requirements under section 3333.125 of the Revised Code may seek awards from the chancellor of the department of higher education to distribute grants and loans to students eligible under section 3333.125 of the Revised Code.

(D) The necessary information for seeking an award under the program will be posted on the Ohio department of higher education web page, located at www.ohiohighered.org and may include the following information:

(1) Instructions for submitting a proposal, including the timelines for proposals, the required format and any specific forms to be used in the proposal;

(2) Eligibility requirements for submitting a proposal;

(3) A description of the criteria that will be used to evaluate submitted proposals, which may include, but is not limited to:

(a) The success rate of the commercial driving training program offered by the school;

(b) The rate that the students obtain employment in the field upon completion of the commercial driving training program;

(c) The extent to which the program has demonstrated support from business partners.

(4) Any award amount minimums and maximums for a school, a program or a loan to the participant in a commercial driving training program;

(5) A description of procedures that will be used to select the loan award recipients, which may include, but is not limited to, giving preference to certain criteria used to evaluate submitted proposals;

(6) Terms for the grant or promissory note and repayment by a student of a grant/loan from the fund, including the interest rate;

(7) Any special conditions or requirements that may accompany an award of funds, including but not limited to, the following:

(a) Entering into an agreement with the chancellor governing the use and disbursement of the award;

(b) Providing the chancellor with periodic program and fiscal reports as provided in the instructions for proposal and agreement;

(c) Maintaining financial and non-financial records documenting the activities of the funded program for inspection and review at the discretion of the chancellor to ensure fiscal accountability, operating progress, and desired outcomes;

(d) Repayment of an award for violating the terms of its agreement, plus interest calculated on any outstanding principal balance of that award, as described in the request for proposal and agreement;

(e) Common marketing or branding strategy as specified by the chancellor for fund awardees.

Last updated February 14, 2022 at 9:09 AM

Supplemental Information

Authorized By: 3333.125
Amplifies: 3333.125
Five Year Review Date: 2/14/2027
Rule 3333-1-09.1 | The "Ohio College Opportunity Grant" program.
 

(A) Authority

This rule adopted under authority conferred upon the chancellor of higher education by section 3333.122 of the Revised Code.

(B) Definitions

(1) "Ohio resident" as used in this rule has the same meaning as used in rule 3333-1-10 of the Administrative Code.

Each eligible participating institution is responsible for determining the residency status of students for Ohio college opportunity grant (OCOG) purposes in accordance with rule 3333-1-10 of the Administrative Code. Institutions of higher education participating in the OCOG program are to 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 for a full and complete determination under this rule.

(2) Enrollment status definitions

(a) 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.

(b) Three-quarters-time student

A "three-quarters-time student" is one who is enrolled in a degree granting curriculum at a participating institution for not less than nine and no more than eleven credit hours per semester, quarter, or term.

(c) Half-time student

A "half-time student" is one who is enrolled in a degree-granting curriculum at a participating institution for not less than six and no more than eight credit hours per semester, quarter, or term.

(d) One-quarter-time student

A "one-quarter-time student" is one who is enrolled in a degree-granting curriculum at a participating institution for not less than one and no more than five credit hours per semester, quarter, or term.

(3) Appropriate academic progress

"Appropriate academic progress" means 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 institution 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, three-quarters-time, half-time or one-quarter-time basis is considered to be making appropriate progress.

(4) State cost of attendance

"State cost of attendance" means the average cost to a student when attending an Ohio institution of higher education. In calculating the average cost to a student, the chancellor may include any or all of the following items:

(a) The average instructional and general fees charged at Ohio institutions of higher education. The chancellor may choose to calculate the average instructional and general fees for each sector, as defined by the chancellor.

(b) The average cost to a student in Ohio for any or all of the following items: books, transportation, housing costs or living expenses.

(5) Instructional and general charges

"Instructional and general charges" means the instructional and general fees charged to the student. A general fee is one that is uniformly assessed to all students.

(6) Expected family contribution (EFC)

As used to determine the eligibility of students for OCOG, "expected family contribution" is defined as the measure of a family's financial strength, and is used to determine eligibility for federal student aid during one academic year. An EFC is received based on the processing results of the student's free application for federal student aid (FAFSA). This value is calculated in the same manner as the federal methodology calculcation by using FAFSA fields that may include the income and/or asset figures reported, number in household, and state of legal residence in a formula written by congress.

(7) As used in this rule, "accredited" means approved by the chancellor.

(C) Eligibility

To be eligible for OCOG, a student must:

(1) Be an Ohio resident.

(2) Receive an EFC in the range of 0 to 2190 and not exceed a total household income of ninety-six thousand dollars on the student's FAFSA, except as described in this rule. The chancellor may choose to modify the total household income eligibility threshold, not to exceed a maximum income eligibility threshold of twice the median household income in Ohio, to maintain correlation with Ohios median household income. As used in this rule, "median household income" means as reported annually by the United States census bureau. It is the intention of the chancellor that the income eligibility threshold will be established and communicated to each eligible participating institution by October first for awards to be made beginning in the first term of the following academic year.

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

(4) Be enrolled in an eligible undergraduate program pursuant to section 3333.122 or 3333.18 of the Revised Code.

(D) Prohibited use of funds

(1) No funds are to be used if the student is:

(a) 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;

(b) Pursuing a second baccalaureate degree;

(c) Serving a term of imprisonment.

(2) Non-discrimination

It is the intent of the chancellor of higher education to provide OCOG awards to undergraduate students only if they enroll in participating 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.

(E) Award amounts

(1) Before the start of each new academic year the chancellor will post proposed award tables on the agency website that will include a definition of that academic year's state cost of attendance. Except as provided in this paragraph, a student's award amount will not exceed the state cost of attendance. The award amounts for students less than full time will be the following:

(a) The award amount x .75 of the for a three-quarters-time student;

(b) The award amount x .5 of the for a half-time student;

(c) The award amount x .25 of the for a one-quarter-time student.

A qualified foster youth as defined in section 3333.122 of the Revised Code attending a community college, state community college, or technical college in this state, may receive an amount greater than the state cost of attendance for housing costs or living expenses if the state cost of attendance does not include those items. Such expenses include reasonable costs for room and board and do not include costs for textbooks, supplies, transportation or other non-housing related items.

(2) The award amount will apply only to instructional and general charges at an eligible institution unless the state cost of attendance in any given academic year includes additional items.

(3) Consortium and study abroad agreements - OCOG may be used to pay the instructional charges of an eligible Ohio visiting institution or study abroad institution when a student is engaged in study outside of the student's home institution provided that the outside courses are an integral part of the academic program of the institution at which the student is pursuing the academic degree. Additionally, such an arrangement must be documented and meet federal standards. The student's enrollment status is based on the total credits attempted at both the home and eligible visiting institutions; however the award amount is based on the lower instructional and general fees. An OCOG award may need to be reduced or eliminated for a term if the adjusted instructional and general charges under a consortium or study abroad agreement are fully covered by a student's federal pell grant and EFC share for that given term. A calculator to assist institutions in such instances will be published on the agency website.

(4) OCOG awards for students enrolled in a dual degree program (which confers both an undergraduate and graduate degree) must be based on the enrollment status of the qualifying undergraduate courses only.

(5) Influence of other instructional and general fees specific awards

In any given academic year, if the state cost of attendance includes instructional and general fees only and if a student receives other awards, loans or scholarships which are instructional and general fees specific and meet the total instructional and general fees of the institution, then the student has no eligible expenses that would qualify for an OCOG award. If other awards, loans or scholarships are instructional and general fees specific and must be used to cover some part of the student's instructional and general fees, the OCOG award may need to be reduced accordingly. A calculator to assist institutions in such instances will be published on the agency website.

(6) Priority basis in awarding grants

If funds should not be available to make awards to all eligible applicants in a funded sector, the chancellor may prioritize granting awards in accordance with section 3333.122 of the Revised Code.

(F) Student application process

(1) Student responsibility:

(a) A student must first complete the free application for federal student aid (FAFSA). The higher education information (HEI) system will determine OCOG eligibility for any institutional student information record (ISIR) that is received.

(b) Deadline dates

All original FAFSA applications must be received by the United States department of education (USDE) central processor on or before October first of each year. All applicants should apply before this deadline, including those who do not intend to enroll until later in the academic year.

(2) Institutional responsibility:

(a) Financial aid offices at participating institutions will need to determine students eligible for OCOG by accessing the eligibility query available on the HEI system.

(b) An institution shall submit other information requested by the chancellor's staff to assist in determining eligibility.

(G) Post award guidance

(1) Transferring a grant

(a) Students may retain eligibility when transferring to another participating Ohio institution of higher education. Students should be counseled by the new institution as to the possible effects of transferring an OCOG award.

(b) If the student transfers to a participating institution in a sector with a smaller award, the grant amount will be reduced for that term in accordance with the award table. If a student transfers to a participating institution in a sector with a greater award, the grant amount may be increased for that term in accordance with the award table, provided that sufficient funds are available.

(2) Refunds

(a) If a student reduces his or her enrollment - either by dropping a class(es) or withdrawing altogether - to three-quarters time, one-half time, or less than half-time prior to an institution's census date, the OCOG award allotment for the term must be reduced to the corresponding enrollment level. Such a situation assumes a one hundred per cent instructional and general fees refund will be made to the student for the classes dropped.

(b) If a student reduces his or her enrollment - either by dropping a class(es) or withdrawing altogether after the institution's census date, but during the institution's refund period, the percentage of the OCOG award refund will be equivalent to the percentage refund of the student's actual instructional and general fees charges.

(c) If a student reduces his or her enrollment - either by dropping a class(es) or withdrawing altogether after the institution's freeze date, and after the institution's refund period, no OCOG award refund will be necessary.

(d) A calculator to assist institutions in such instances will be published on the agency website.

(3) Continuous enrollment

An OCOG award can be used for continuous enrollment. In addition to a student's annual award amount, the student can receive an additional term award amount (one-third for quarter terms or one-half for semester terms of the annual award amount) if continuously enrolled for the entire academic year.

(4) Duration of grants

An OCOG award is limited to ten semesters or fifteen quarters, the equivalent of five academic years of full-time undergraduate education. If a student received an award from the Ohio instructional grant (OIG) programs previously, those semesters or quarters of receipt of OIG will be counted toward the ten semester/fifteen quarter limit for the OCOG program. A grant made to an eligible student on the basis of less than full-time enrollment will be based on the number of credit hours for which the student is enrolled and will be computed in accordance with a formula adopted by the chancellor.

(H) Payment of opportunity grants

(1) Students: The student awarded an OCOG award who is enrolled in a participating institution shall agree to permit the Ohio department of higher education, on the student's behalf, to make payment of the grant to the institution. The remittance will be made payable to the institution in which the student is enrolled.

(2) Institutions

(a) Payment requests for the OCOG award will need to be made by accessing a payment file on the HEI system.

(b) The institution will apply the grant awarded to the student to the instructional and general fees of the institution for the requested term in that academic year after that student's federal pell grant and EFC allotment have been applied to the instructional and general fees charges.

(c) Payment and adjustment process

(i) During each term, an institution can submit a payment file to the chancellor through the OCOG certification and adjustment (OG) file, accessed through the HEI system. After the fifteenth day of each term files may be submitted as often as necessary, although the chancellor recommends submitting no more than one per term. The completed files are used to generate computer grant payment files which are sent to the institutions via electronic funds transfer (EFT) or with a warrant. The OG file contains a record for each student who is to receive the grant. An eligible application record from the student must be on file in order for a corresponding opportunity grant record to be accepted. Each institution must submit payment files before the corresponding term submission window closes. Extension requests for term submission of payment files will be denied unless they meet one of the published lists of exceptions.

(ii) The OG file contains the following data:

(a) The student identifier

(b) The student rank

(c) Enrollment status

(d) Term award amount

(e) Award type

(iii) At the conclusion of each term, the OG file is used by the institutions to make adjustments including reporting refunds and eligible students no longer enrolled. An updated file is provided to each institution for each subsequent term through the disbursement query accessed on the HEI system. When a refund adjustment is submitted in HEI during an academic year, the refund will be captured from the next OCOG disbursement. If no further disbursements will be made for the academic year, a refund check must be submitted to the Ohio department of higher education within thirty days of submitting the refund file. Checks and a refund manifest form from the unrecovered refund query accessed on the HEI system should be mailed to the Ohio department of higher education office of financial aid. Extension requests for term submission of payment files reflecting refunds will be approved indefinitely.

(d) Overrides

Any overrides for issues regarding residency, duplicate identifiers or foster youth eligibility at community colleges are at the discretion of the chancellor. Institutions may be required to submit additional documentation to the Ohio department of higher education office of financial aid in such situations.

Last updated May 30, 2023 at 8:31 AM

Supplemental Information

Authorized By: 3333.04, 3333.122
Amplifies: 3333.122
Five Year Review Date: 5/28/2028
Rule 3333-1-09.2 | The "Ohio College Opportunity Grant" program supplemental grant.
 

(A) Authority

This rule is adopted under authority conferred upon the chancellor of higher education by section 3333.126 of the Revised Code.

(B) "Eligible student" means a student to whom all of the following apply:

(1) The student receives an Ohio college opportunity grant under section 3333.122 of the Revised Code in the same term or academic year as the supplemental grant;

(2) The student has completed at least two years of a bachelor's degree program, which means acquiring sixty or more credit hours; and

(3) The student is making progress toward completing the student's bachelor's degree program consistent with the federal "Satisfactory Academic Progress" criteria, as verified by the institution.

(C) Supplemental grant

(1) If the chancellor determines that no sufficient funds remain to be able to award supplemental grants, no further action will be taken.

(2) If the chancellor determines that sufficient funds remain to award supplemental grants, the chancellor will allocate remaining funds in such a way as to provide a supplemental grant to all eligible students that is proportional to the Ohio college opportunity grant amount awarded in the sector in which the student is enrolled for the same academic year.

Last updated May 30, 2023 at 8:31 AM

Supplemental Information

Authorized By: 3333.126
Amplifies: 3333.126
Five Year Review Date: 5/28/2028
Rule 3333-1-10 | Ohio student residency for state subsidy and tuition surcharge purposes.
 

(A) Intent and authority

(1) It is the intent of the chancellor of the Ohio department of higher education 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 department of higher education 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 unless such grants, scholarships and awards require residency of another state or nation.

(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 as a dependent, as defined in 26 U.S. Code section 152, dated 2011 on the filers 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, "Teach for America," or any similar program as determined by the chancellor of the Ohio department of higher education; or

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

(8) "Alien" means a person who is not a United States citizen or a United States national.

(9) "Immigrant" means an alien who has been granted the right by the United States citizenship and immigration services to reside permanently in the United States and to work without restrictions in the United States.

(10) "Nonimmigrant" means an alien who has been granted the right by the United States citizenship and immigration services to reside temporarily in the United States.

(11) "Certificate of high school equivalence" means either of the following:

(a) A certificate of high school equivalence awarded by the department of education under division (A) of section 3301.80 of the Revised Code; or

(b) The equivalent of a certificate of high school equivalence awarded by the state board of education under former law, as defined in division (C)(1) of section 3301.80 of the Revised Code.

(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, has been declared to be missing in action or a prisoner of war, or is deceased after discharge, 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.

(5) A veteran who is the recipient of federal veterans' benefits under the "All-Volunteer Force Educational Assistance Program," 38 U.S.C. 3001 et seq., or "Post-9/11 Veterans Educational Assistance Program," 38 U.S.C. 3301 et seq., or any successor program, if the veteran meets all of the following criteria:

(a) The veteran served at least ninety days or active duty.

(b) The veteran enrolls in a state institution of higher education, as defined in section 3345.011 of the Revised code.

(c) The veteran lives in the state as of the first day of a term of enrollment in the state institution of higher education.

(6) A person who is the recipient of the federal "Marine Gunnery Sergeant John David Fry" scholarship or transferred federal veterans benefits under any of the programs listed in paragraph (C)(5) of this rule, if the person meets both of the following criteria:

(a) The person enrolls in a state institution of higher education.

(b) The person lives in the state as of the first day of a term of enrollment in the state institution of higher education

In order for a person using transferred federal veterans' benefits to qualify under paragraph (C)(6) of this rule, the veteran who transferred such benefits must have served at least ninety days on active duty or the servicemember who transferred such benefits is on active duty.

(7) A person who is using federal veterans' educational assistance under the "Vocational Rehabilitation and Employment," 38 U.S.C. 3101 et seq or under "Survivors' and Dependents' Educational Assistance," 38 U.S.C. 3510 if the person meets the following criteria:

(a) The person enrolls in a state institution of higher education.

(b) The person lives in the state as of the first day of a term of enrollment in the state institution of higher education.

(8) A person who, while a resident of this state for state subsidy and tuition surcharge purposes, graduated from a high school in this state or completed the final year of instruction at home as authorized under section 3321.04 of the Revised Code, if the person enrolls in an institution of higher education and establishes domicile in this state, regardless of the student's residence prior to that enrollment, unless the person is in the United States on a student visa and has not petitioned for a change in status.

(9) A person who enrolls in an institution of higher education and establishes domicile in this state, regardless of the student's residence prior to that enrollment, unless the person is in the United States on a student visa and has not petitioned for a change in status and the person meets all of the following criteria:

(a) The person officially withdrew from a school in this state while the person was a resident of this state for state subsidy and tuition surcharge purposes;

(b) The person has not received a high school diploma or honors diploma awarded under section 3313.61, 3313.611, 3313.612, or 3325.08 of the Revised Code or a high school diploma awarded by a school located in another state or country; and

(c) The person while a resident of this state for state subsidy and tuition surcharge purposes, both took a high school equivalency test and was awarded a certificate of high school equivalence.

(10) A service member who is on active duty and to the service member's spouse and any dependent of the service member while the service member is on active duty. In order to qualify under this paragraph, the student seeking in-state tuition rates must live in the state as of the first day of a term of enrollment in the state institution of higher education, but the student or the service member shall not be required, to establish domicile in this state as of the first day of a term of enrollment in an institution of higher education.

(11) A person, while not a resident of this state for state subsidy and tuition surcharge purposes, lives in this state and completes a bachelor's degree program at an institution of higher education in this state and, upon completing that bachelor's degree program, immediately enrolls in a graduate degree program offered at any state institution of higher education, provided the person, while enrolled in the graduate degree program, resides in this state.

For purposes of this paragraph, graduate degree program means any master's or doctoral program at a state institution of higher education, except that a board of trustees of a state institution of higher education may exclude post-baccalaureate professional programs, such as a juris doctorate, medical, dentistry, veterinary, optometry or pharmaceutical doctoral program or other similar post-baccalaureate professional programs, provided the eligible excluded programs are reported to the chancellor on an annual basis and listed as such on the state institution of higher education's website.

For purposes of this paragraph, immediate means the next semester in which the graduate degree program accepts students for admission.

(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), such as declaring to be in the United States/Ohio for the purposes of seeking an education.

(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. However, a student shall not be granted residency status if the alien is not also an immigrant or a nonimmigrant.

(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 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 department of higher education 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.

Last updated March 24, 2022 at 8:27 AM

Supplemental Information

Authorized By: 3333.31, 3333.04
Amplifies: 3333.31
Five Year Review Date: 7/29/2026
Prior Effective Dates: 10/3/2003, 7/2/2009
Rule 3333-1-11 | The "Ohio Academic Scholarship Program" procedures.
 

(A) Authority

This rule is adopted under authority conferred upon the chancellor of higher education 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 assessment 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 chancellor; or (c) a diploma school of nursing having a "Certificate of Authorization" issued by the chancellor; 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 chancellor 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 chancellor by means of a web-based data collection system developed and maintained by the chancellor (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 chancellor 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 chancellor 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 assessment 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 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 chancellor. Complete application data must be submitted to the chancellor 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 twenty-third deadline date.

Students who rank second, third, fourth and fifth in each high school will comprise a sate-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.

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 chancellor 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 chancellor's staff.

(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 chancellor 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 chancellor, 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 chancellor. 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 department of higher education.

(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 chancellor 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 chancellor, the chancellor 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.

Last updated October 2, 2023 at 8:15 AM

Supplemental Information

Authorized By: RC 3333.04 (R)
Amplifies: RC 3333.21 to 3333.25
Five Year Review Date: 10/27/2026
Prior Effective Dates: 3/2/1990
Rule 3333-1-12 | Rules of compliance for the development of family practice departments and guidelines for distribution.
 

(A) Authority

This rule is adopted under authority conferred upon the chancellor of higher education by section 3333.11 of the Revised Code, requiring all schools or colleges of medicine or medical universities which receive state assistance to establish and maintain departments of family practice.

(B) Institutional requirement

(1) Each school or college of medicine or medical university shall have a department of family practice which meets the requirements as set forth in section 3333.11 of the Revised Code.

(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 medicine.

(4) Each department shall have a qualified, experienced practitioner as the chair, who will direct the education and patient care programs for both medical students and family practice residents. The chair 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 practice. The chair should be either board eligible or board certified in family medicine according to the guidelines of the American board of family medicine.

(5) The chair 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 or medical university which has met the guidelines set forth in section 3333.11 of the Revised Code will be considered eligible for financial support.

(2) Each school or college of medicine or medical university enter into an agreement with the chancellor of higher education in order to receive funds. The agreement and funding are contingent upon funding from the general assembly.

Last updated October 24, 2022 at 9:16 AM

Supplemental Information

Authorized By: 3333.04
Amplifies: 3333.11
Five Year Review Date: 10/24/2027
Prior Effective Dates: 3/10/2016
Rule 3333-1-13 | Fees for issuance of certificates of authorization and related activity.
 

(A) Authority

This rule is adopted under authority conferred upon the chancellor of higher education by sections 1713.03 and 3333.048 of the Revised Code.

(B) Definitions

(1) Institution for purposes of this rule "institution" has the same definition as section 1713.01 of the Revised Code.

(2) Degree for purposes of this rule "degree" refers to a recognition or award for completion of a prescribed course of study at an institution of higher education. Degree levels are designated by the customary titles of associate, bachelor, master, specialist or doctor.

(3) Program for purposes of this rule "program" means the field of specialization within the degree and may be referred to as majors, concentrations or specializations.

(C) General

(1) Institutions should refer to rules 3333-1-08 and 3333-1-16 of the Administrative Code and the Ohio department of higher educations manual, titled "Guidelines and Procedures for Academic Program Review" dated August 2, 2016, for additional information;

(2) The fees set forth in and charged pursuant to this rule are for the purpose of reimbursing the Ohio department of higher education for staff time spent reviewing an institutions request for a certificate of authorization and other related activity.

(3) The chancellor may use consultants to assist in the review process for each type of review listed. The institution is responsible for any consultants fee and expenses. Such fees and expenses are in addition to the amounts listed throughout this rule.

(D) Fees

(1) The following fees will be charged when an institution first seeks to obtain a certificate of authorization from the chancellor or when an institution with a certificate of authorization seeks to offer programs at a new degree level:

DegreeBase Fee: charged in each instance when an institution seeks to offer its first program at each degree levelProgram Review Fee for In-State institution: 50% off this fee if the review is in conjunction with the Higher Learning Commission or Specialized Accreditor Program Review Fee for Out-of-State institution: 50% off this fee if the review is in conjunction with the Higher Learning Commission or Specialized Accreditor Program Review Fee: additional programs at the same degree level, provided the programs are submitted at the same time
Associate Degree $3,000$3,000$5,000$1,000
Bachelors Degree $3,000$3,000$5,000$1,000
Masters Degree $5,000$3,000$5,000$1,000
Doctoral Degree$5,000$3,000$5,000$1,000

Under this rule, in conjunction with the higher learning commission/specialized accreditor is only available for non-profit institutions that have been continuously authorized by the chancellor and accredited by the higher learning commission/specialized accreditor for twenty years or more. Additionally, availability is subject to the Ohio department of higher education reaching an agreement with the higher learning commission/specialized accreditor regarding the Ohio department of higher educations participation in the review process.

(2) The following fees are charged when an institutions seeks to change its certificate of authorization in the following ways:

Change RequestFeeFee for Additional Programs (if the programs are submitted at the same time)
Change in Degree/Program NamesNo ChargeNo Charge
Change to On-line model$500 or $250 if completed in conjunction with higher learning commission review $100
Approval to Offer Programs at New Campuses/Sites$500 or $250 if completed in conjunction with higher learning commission review $250
Curriculum Modification required when 50% or more is modified$250$100

(a) In addition to other applicable fees listed in this rule, a processing fee will be assessed if the institution requests a hard copy of their amended certificate authorization.

(b) There is no fee charged for "change to an online model" if the institution holds higher learning commission "approval for distance education courses and programs."

(3) The following fees are charged for continued authorization activities:

ActivityIn-StateOut-of-State
Progress Reports$1,000 per report $1,000 per report
Reauthorization for institutions continuously authorized by the higher learning commission for more than 20 years $500$1,000
Reauthorization for institutions continuously authorized by the higher learning commission for more than 20 years, but that have specific issues that require a more detailed review$1,500$2,000
Reauthorization for institutions not continuously authorized by the higher learning commission for more than 20 years$3,000$3,500
Full Reauthorization for institutions who have undergone major institutional changes$5,000$7,500

(4) The following fees will be charged for out-of-state institutions seeking approval for on-ground academic programming associated with distance education programs, including, but not limited to, student teaching, clinical practicum, or internships for credit:

DegreeBase FeeProgram Review Fee
Associate $3,000$1,000
Bachelors $3,000$1,000
Masters$5,000$1,000
Doctoral$5,000$1,000

Fees under this division will not be charged if the out-of-state institution has been approved by the national council for state authorization reciprocity agreements (NC-SARA).

(5) The following fee will be charged to for-profit institutions who intend to engage in advertising and/or recruitment activities in the state of Ohio for instruction at or above the baccalaureate level:

(a) One thousand dollars per program

(b) Fees under this rule will not be charged if the for-profit institution has been approved by NC-SARA.

(6) The following fees will be charged when an institution seeks approval of educator preparation programs the lead to Ohio licensure or endorsement:

(a) Institutions that offer programs that lead to Ohio licensure or endorsement will be charged an annual fee per program as described in table A in this rule , except those institutions that choose to participate in the program review process as described in paragraph (B) of this rule will be charged an annual fee per program as described in table B in this rule.

(b) Educator preparation providers with at least one faculty/staff member representing the institution serving on a faculty review panel will be considered as participating in the program review process.

Program TypeAnnual Fee Per Program
Teaching licensure program$140
Duplicate teaching licensure program, the same program offered at a different level and additional middle childhood concentrations and additional adolescent to young adult dual content areas$70
Endorsement program$30
Duplicate endorsement program, the same program offered at a different level and additional middle childhood concentrations$15
Non-teaching licensure program$60
Non-teaching licensure program, the same program offered at a different level and additional principal grade bands$30
Program TypeAnnual Fee Per Program
Teaching licensure program$70
Duplicate teaching licensure program, the same program offered at a different level and additional middle childhood concentrations and additional adolescent to young adult dual content areas$35
Endorsement program$15
Duplicate endorsement program, the same program offered at a different level and additional middle childhood concentrations$7.50
Non-teaching licensure program$30
Non-teaching licensure program, the same program offered at a different level and additional principal grade bands$15

(7) The following fees will be charged for activities related to continued approval to offer educator preparation programs:

ActivityFee
Ohio Department of Higher Education Staff Members Present During Education Accrediting Agency Review$750/per person/per day
State Continuing Program Audit$750/per person/per day
Change Request: Curriculum Modification to a Continuing Program Leading to Ohio Educator Licensure or Endorsement$250
Change Request: Add Delivery Sites to a Continuing Program Leading to Ohio Educator Licensure or Endorsement$250
Change Request: Delivery Mode, e.g. traditional, online, or hybrid, of a Continuing Program Leading to Ohio Educator Licensure or Endorsement$250
Change Request: Place Continuing Program Leading to Ohio Educator Licensure or Endorsement into Dormancy$0

Last updated May 30, 2023 at 8:31 AM

Supplemental Information

Authorized By: 1713.03
Amplifies: 1713.03
Five Year Review Date: 5/28/2028
Prior Effective Dates: 11/11/2016
Rule 3333-1-13.1 | Assessment of fees for approval and participation in SARA for Ohio institutions of higher education.
 

(A) Authority

This rule is adopted under authority conferred upon the chancellor of the Ohio department of higher education by division (B)(4) of section 3333.171 of the Revised Code: The chancellor may "assess and collect fees, pursuant to rules adopted by the chancellor under Chapter 119. of the Revised Code from participating institutions in Ohio."

(B) Background information

A state authorization reciprocity agreement (SARA) is an agreement among its member states, districts and U.S. territories that establishes comparable national standards for interstate offering of postsecondary distance-education courses and programs. It is intended to make it easier for students to take online courses offered by postsecondary institutions in a state other than the one where they reside. It is also intended to make it easier for institutions to offer courses and programs to students in other states. Eligible institutions in Ohio, as defined by division (F)(1) of section 3333.171 of the Revised Code that wish to become participating institutions as defined by division (F)(2) of section 3333.171 of the Revised Code must apply to the chancellor on forms provided by the chancellor. Additional information regarding the application process and SARA can be found in the Ohio department of higher education manual titled "Guidelines and Procedures for Academic Program Review" available online at www.ohiohighered.org/academic-program-approval.

(C) Definitions

Full-time equivalent ("FTE") enrollment means the institutions total full-time equivalent enrollment as shown in the "Integrated Postsecondary Education Data System" (IPEDS). IPEDS can be found online at http://nces.ed.gov/ipeds/

(D) The fees for the chancellors approval and participation in SARA are as follows:

ActivityLess than 2,500 FTE enrollment 2,500-9,900 FTE enrollment 10,000 or more FTE Enrollment
Annual Fee (12 months of participation) $2000.00 $4000.00$6000.00

(E) Renewal process

(1) National council for SARA (NC-SARA) will initiate the renewal process prior to the institutions renewal date and the institution must submit forms and payments as instructed by NC-SARA in order to maintain authorization under SARA.

(2) Institutions should note that there are fees that the institution will be required to pay to NC-SARA that are in addition to the fees listed above. The institution is responsible for submitting the appropriate fees when invoiced by NC-SARA.

Last updated May 18, 2023 at 8:49 AM

Supplemental Information

Authorized By: 3333.171
Amplifies: 3333.171
Five Year Review Date: 8/20/2025
Prior Effective Dates: 8/20/2015
Rule 3333-1-15 | Payment of bond service charges under the state credit enhancement program.
 

(A) As used in this rule:

(1) "Allocated state share of instruction" has the same meaning as is in section 3333.59 of the Revised Code.

(2) "Bond service charge payments" means payments from a college district to provide for the payment of bond service charges on obligations (including monthly or other periodic deposits required in connection with future bond service charges on obligations). Bond service charge payments shall be payable by a college district on the first day of a calendar month or, if such day is not a business day, the business day immediately preceding that date.

(3) "Bond service charges" has the same meaning as in sections 154.01 and 3345.12 of the Revised Code, as the context requires;

(4) "College district" means any of the following institutions of higher education that are state-supported or state-assisted:

(a) A community college district as defined in section 3354.01 of the Revised Code;

(b) A technical college district as defined in section 3357.01 of the Revised Code;

(c) A state community college district as defined in section 3358.01 of the Revised Code.

In addition, as the context requires or permits, "college district" also means the college operated by any of the foregoing districts.

(5) "Fiscal agent" means the primary paying agent or fiscal agent for the obligations in question, and includes any bank or trust company serving as paying agent for such obligations. The fiscal agent may not be an officer or employee of the college district.

(6) "Obligations" has the same meaning as in section 154.01 or 3345.12 of the Revised Code, as context requires.

(7) "State credit enhancement program" or "program" means the program authorized by section 3333.59 of the Revised Code and implemented by this rule.

(B) The board of trustees of any college district seeking approval from the chancellor of higher education for participation in the state credit enhancement program shall submit to the chancellor a copy of a board-approved resolution requesting participation in the program and determining whether the proposed obligations are to be issued under section 154.02 of the Revised Code, and any information requested by the chancellor, which may include, but is not limited to, the following information:

(1) Payment schedules and identification information for:

(a) Current outstanding obligations of the college district to which the college district's allocated state share of instruction is not pledged;

(b) Current outstanding obligations to which the college district's allocated state share of instruction is pledged;

(c) The obligations proposed to be secured under section 3333.59 of the Revised Code as then presently estimated;

(d) All the items in paragraph (B)(1) of this rule combined;

(2) The most recent college district quarterly financial report as required by rule 126:3-1-01 of the Administrative Code;

(3) The current year's board-approved budget for unrestricted current funds as reported pursuant to rule 126:3-1-01 of the Administrative Code;

(4) A statement as to how participation in the state credit enhancement program will enhance the marketability of the proposed obligations;

(5) A statement of the current and project allocated state share of instruction due to the college district per the most recent subsidy distribution schedule provided by the chancellor;

(6) The ratio of the projected amount of allocated state share of instruction to be distributed to the college district for the current fiscal year to the maximum annual bond service charges due in the current or any future fiscal year and the identification of the fiscal year in which the maximum annual bond service charges occur;

(7) The ratio of the projected amount of allocated state share of instruction remaining to be distributed to the college district for the current fiscal year to the bond service charge payments remaining to be paid in the fiscal year;

(8) A statement regarding the purpose of the obligations to be secured under section 3333.59 of the Revised Code (if the issue is for refunding purposes, explain what previous obligations are being refunded and whether they are secured under the state credit enhancement program);

(9) A statement indicating the estimated savings afforded to the college district through participation in the state credit enhancement program in connection with the proposed obligations;

(10) Contract information for the bond underwriter, bond counsel, and fiscal agent for the proposed obligations, if available;

(11) Estimated timeframe for the issuance and sale of the proposed obligations. Approval of the request for participation in the state credit enhancement program shall be valid only during the estimated timeframe for the issuance and sale of such obligations or up to twelve months from the receipt of the approval, and only if the aggregate of all bond service charges in each year does not exceed the amount shown for such year in the payment schedule required by paragraph (B)(1)(d) of this rule.

(C) Approval by the chancellor of the request for participation in the state credit enhancement program shall only be granted if all of the following are met:

(1) The chancellor finds that such approval will enhance the marketability of the obligations for which the request is made;

(2) The chancellor and the office of budget and management, and the treasurer of state in the case of obligations to be issued by the treasurer, have no reason to believe the requesting college district or the college it operates will be unable to pay when due the bond service charges on the obligations for which the request is made, and bond service charges on those obligations are therefore not anticipated to be paid pursuant to section 3333.59 of the Revised Code from the allocated state share of instruction for purposes of Section 17 of Article VIII, Ohio Constitution;

(3) The chancellor finds that the specific request to participate in the state credit enhancement program does not jeopardize the ability of the college district to maintain compliance with rule 126:3-1-01 of the Administrative Code;

(4) The projected amount to be distributed to the college district from allocated state share of instruction for the current fiscal year exceeds the maximum annual bond service charges due in the current or any future fiscal year as shown in the schedule required by paragraphs (B)(1)(b) and (B)(1)(c) of this rule by a ratio of not less than 2.5 to one and at any time during the current or any fiscal year, the projected amount of allocated state share of instruction remaining to be distributed in the fiscal year exceeds such bond service charges remaining to be paid in that fiscal year by a ratio of not less than 1.25 to one. For purposes of these calculations, bond service charges include outstanding and proposed obligations under the state credit enhancement program.

(D) If after the college district has been approved for the state credit enhancement program, the college district receives an advance of its allocated state share of instruction, (1) calculation of the ratios for paragraph (C)(4) of this rule shall not include the advance, and (2) the amount of the advance for any period shall not be an amount which would reduce the remaining allocated state share of instruction to be received for such period to an amount less than the aggregate bond service charge payments payable during such period.

(E) If the chancellor approves the request of a college district to withhold and deposit its allocated state share of instruction pursuant to section 3333.59 of the Revised Code and this rule, the college district shall identify a fiscal agent for the obligations to be issued. In addition, when it becomes available, the college district shall provide the chancellor and the director of budget and management with a finalized bond service charge payments schedule for the obligations to be secured under section 3333.59 of the Revised Code. The chancellor shall then enter into a written agreement with the college district and the fiscal agent, subject to the consent of the director of budget and management, and to the consent of the treasurer of state if the treasurer is the issuer of the proposed obligations, for the withholding of funds pursuant to section 3333.59 of the Revised Code and this rule for the payment of bond service charges on those obligations according to such bond service charge payments schedule. This agreement shall include the following provisions:

(1) The amount of allocated state share of instruction deposited by the chancellor shall not be greater than the next periodic distribution due to the college district regardless of the amount owed by the college district on the payment date in question;

(2) At least fifteen business days prior to the date on which a bond service charge payment is due, the college district shall certify to the chancellor and the fiscal agent the amount of any insufficiency in the amount of funds needed to pay in full the bond service charge payment when due, provided that (a) payment by the college district to the fiscal agent of less than the full amount of such payment when due shall be deemed to constitute the certification required by this paragraph, and (b) failure of the college district to make such certification shall not prevent payment by the chancellor of amounts described in paragraph (E)(3) of this rule; and

(3) On each date on which a bond service charge payment is due, the college district must make a deposit with the fiscal agent in an amount sufficient to pay in full the bond service charge payment due, and if the amount of such deposit is less than the bond service charge payment then due, the fiscal agent shall notify the chancellor of such insufficiency by the next business day following the due date and in any case, not later than the fifth day of the month in which such insufficiency occurs.

(F) Upon receipt of a notification of insufficiency from the fiscal agent, the chancellor shall immediately determine whether the college district is able to make the bond service charge payment to cover the insufficiency. If the chancellor confirms or determines that the college district will be unable to make such bond service charge payment, the chancellor shall deposit with the fiscal agent by two p.m. (Ohio time) on the regularly-scheduled date for periodic distribution of the college district's allocated state share of instruction, in immediately available funds, the amount of the deficiency (not exceeding the amount of allocated state share of instruction due to the college district for such periodic distribution). Bond service charge payments made under this provision shall be made prior to any advance payment of the college district's allocated state share of instruction. If any such insufficiency remains after any payments made pursuant to this paragraph, the college district shall request the chancellor for an advance of its allocated state share of instruction sufficient to pay such insufficiency, and if the chancellor approves such request, the chancellor shall deposit with the fiscal agent the amount of the remaining insufficiency from any amount so advanced. If the amounts deposited by the chancellor pursuant to this paragraph are insufficient to pay the amount of any remaining insufficiency in the amounts then due the fiscal agent for the payment of bond service charge payments, the chancellor shall continue to deposit with the fiscal agent from each successive periodic distribution of such college district's allocated state share of instruction, until the full amount due the agent for unpaid bond service charge payments is paid in full, the lesser of the remaining amount due the fiscal agent for bond service charge payments or the amount of the next periodic distribution scheduled to be made to the college district in respect of its allocated state share of instruction.

Receipt of a notification of insufficiency and a payment made under this paragraph are reportable events under rule 126:3-1-01 of the Administrative Code.

(G) If a transfer of allocated state share of instruction is required by paragraph (F) of this rule, the college district, in consultation with the chancellor, will evaluate its inability to pay the bond service charge payments and will develop and implement corrective actions to ensure full and timely bond service charge payments by the college district of future bond service charge payments. This plan for corrective action shall be presented by way of letter to the chancellor.

(H) The agreement required by paragraph (E) of this rule shall be irrevocable as long as any of the college district's obligations secured by the state credit enhancement program are outstanding.

(I) Any credit rating agency which has a current rating of this program will be notified of future material changes to this rule.

Last updated October 2, 2023 at 8:16 AM

Supplemental Information

Authorized By: 3333.59
Amplifies: 3333.59
Five Year Review Date: 10/5/2026
Prior Effective Dates: 4/29/2010
Rule 3333-1-16 | The STEM Public-Private Partnership Pilot Program.
 

(A) The rule is established by authority conferred upon the chancellor of higher education by section 733.13 of Amended Substitute House Bill 64 of the 131st General Assembly.

(B) Policy and intent

The purpose of the STEM public-private partnership pilot program is to encourage public-private partnerships between high schools, colleges, and the community to provide high school students the opportunity to receive education and training in a targeted industry, as defined by JobsOhio established under section 187.01 of the Revised Code, while simultaneously earning high school and college credit for the course.

(C) General

(1) Partnerships shall consist of one community college or state community college, one or more private companies, and one or more high schools, either public or private.

(2) For purposes of the program, the partnering community college or state community college shall pursue one targeted industry during the pilot period. However, the college may partner with multiple private companies within that industry.

(3) The chancellor shall develop an application and review process to select the five partnerships to receive grants under the program. The community college or state community college shall be responsible for submitting the application for the partnership to the chancellor. The application shall include a proposed budget for the program. Students that take courses offered under the program shall earn college credit for that class from the community or state community college.

(4) Students, high schools, and colleges that participate in this program shall do so under the college credit plus program established under Chapter 3365. of the Revised Code.

(5) The curriculum offered by the program shall be developed by and agreed upon by all members of the partnership.

(6) The private company or companies that are part of the partnership shall provide full- or part-time facilities to be used as classroom space.

(D) Application requirements

The chancellor shall issue a request for proposal that will be posted on the chancellors website ohiohighered.org. The request for proposal will set forth the eligible costs and other requirements. The chancellor will then select the five partnerships for the program based on the following considerations:

(1) Whether the partnership existed before the application was submitted;

(2) Whether the program is oriented toward a targeted industry;

(3) The likelihood of a student gaining employment upon graduating from high school or upon completing a two-year degree in the industry to which the program is oriented in relation to its geographic region;

(4) The number of students projected to be served;

(5) The program's cost-per-student;

(6) The sustainability of the program beyond the duration of the two-year pilot program;

(7) The level of investment made by the private company partner or partners in the program, including use of facilities, equipment, and staff and financially.

(8) Other criteria as determined by the chancellor.

(E) Application review and program awards

The chancellor shall review each application submitted in response to a request for proposals. Applications received from entities deemed to be ineligible to submit applications as defined in the request for proposals shall not be reviewed. Applications will be scored on a set rubric developed by the chancellor.

The chancellor shall notify each applicant of the decision concerning each respective application.

(F) Award agreement

(1) Any recipient of the STEM public-private partnership pilot program award by the chancellor shall enter into an agreement with the chancellor governing the use and disbursement of the award.

(2) Any recipient of an STEM public-private partnership pilot program award by the chancellor may be required to provide the chancellor with periodic program and fiscal reports as provided in the instructions for proposal and 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.

(4) The chancellor may require an award recipient that violates the terms of its agreement to repay the award plus interest calculated on any outstanding principal balance of that award of not more than four per cent per annum, as described in the request for proposal and agreement. A decision of the chancellor to require such repayment shall be final.

Last updated October 2, 2023 at 8:16 AM

Supplemental Information

Authorized By: 3333.04
Amplifies: Section 733.13 of Amended Substitute HB 64
Five Year Review Date: 4/8/2026
Rule 3333-1-17 | Rural Practice Incentive Program.
 

(A) Authority

This rule is adopted under authority conferred upon the chancellor of the Ohio department of higher education by section 3333.137 of the Revised Code.

(B) Policy and intent

The purpose of the program is to provide loan repayment on behalf of attorneys who agree to employment as service attorneys in areas designated as underserved communities by the chancellor pursuant to section 3333.132 of the Revised Code.

(C) An eligible applicant that satisfies all the criteria under section 3333.133 of the Revised Code may seek an award from the chancellor of the department of higher education for eligible expenses as defined section 3333.131 of the Revised Code. The chancellor may provide additional allowable educational expenses in the contract or as part of guidance for awards.

(D) The necessary information for seeking an award under the program will be posted on the Ohio department of higher education web page, located at highered.ohio.gov and will include the following information:

(1) Instructions for submitting an application, including the timelines for an application;

(2) Eligibility for submitting an application;

(3) A description of the information to be submitted;

(4) A list designating each county with a ratio of attorneys to the population in the county equal to or less than one to seven hundred as an "underserved community." Each biennium, the Ohio Access to Justice Foundation will assist the chancellor in determining the ratio and update, if necessary.

(E) The chancellor will review qualifying applicants with the intent to approve individuals for participation in a manner proportionate toward disbursing loan repayments equitably among each type:

(1) Attorneys employed by the prosecuting attorney of a county;

(2) Attorneys employed by the state public defender, a county public defender commission, or a joint county public defender commission to represent indigent persons;

(3) Attorneys described in division (B) of section 3333.13 of the Revised Code.

(F) Approved applicants will be contacted with information on the amount of the award and next steps related to submitting the letter of intent and signed contract, which includes the repayment terms, and any necessary information related to disbursing funds on behalf of the awarded applicant.

(G) Annual proof of qualifying employment is necessary and any failure to provide such proof of employment will result in the chancellor initiating repayment obligations. The attorney generals office may collect repayment on behalf of the chancellor.

(H) The repayment amount for an individual that fails to complete the agreed upon service obligation is ten thousand dollars for each year, or the repayment amount per year if less, plus interest at the rate set by the attorney general, not to exceed five per cent, when collecting the repayment.

Delinquent payment on any repayment may result in additional costs as set by the attorney general.

(I) The terms of repayment, including the length of the repayment period and the date on which the first payment is due, will be agreed upon by the borrower and the chancellor or the designated agency. The total repayment period will not exceed ten years. The minimum monthly repayment amount will be determined by the chancellor or the office of the Ohio attorney general or the designated agency, as applicable.

(J) Repayment of the outstanding principal amount of the loan plus interest will begin upon one or more of the following events:

(1) The applicant drops out of school without an approved deferment,

(2) The applicant fails to be licensed to practice law in Ohio, and does not have an approved deferment to extend the time by which to become licensed.

(3) The applicant fails to complete the total service obligation.

(K) Deferments

Deferments may be granted for any circumstances which constitute undue hardship, as judged by the chancellor. These circumstances may include serious illness, pregnancy, and disability. An initial deferment will be for a period of one year and may be extended at the discretion of the chancellor.

(L) Reassessment

The chancellor reserves the right to reassess a prior decision of completion of a year of service obligation if the chancellor learns an applicant had had an adjustment in hours below the minimum amount.

(M) Cancellation

The entire debt or service obligation will be canceled if:

(1) The applicant dies, or

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

Last updated January 8, 2024 at 8:36 AM

Supplemental Information

Authorized By: 3333.137
Amplifies: 3333.13, 3333.131, 3333.132, 3333.133, 3333.134, 3333.135, 3333.136, 3333.137
Five Year Review Date: 1/7/2029
Rule 3333-1-19 | The selective service registration rule.
 

(A) Authority

This rule is adopted under authority conferred upon the Ohio department of higher education 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 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 chancellor of higher education 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 chancellor of higher education 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 3315.33, 3333.12, 3333.122, 3333.21, 3333.22, 3333.26, 3333.391, 5910.03, 5910.032 or 5919.34 of the Revised Code, or for an award under the choose Ohio first scholarship program established under section 3333.61 of the Revised Code or under the Ohio co-op/internship program established under section 3333.72 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) of this rule, 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 chancellor of higher education payment requests for male students otherwise eligible under sections 3315.33, 3333.12, 3333.122, 3333.21, 3333.22, 3333.391, 5910.03, 5910.032, and 5919.34 of the Revised Code, and for an award under the choose Ohio first scholarship program established under section 3333.61 of the Revised Code or under the Ohio co-op/internship program established under section 3333.72 of the Revised Codes, 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.

Last updated October 25, 2023 at 11:49 AM

Supplemental Information

Authorized By: 3345.32
Amplifies: 3315.33, 3333.12, 3333.122, 3333.21, 3333.22, 3333.26, 3333.391, 5910.032, 5919.34
Five Year Review Date: 11/12/2026
Prior Effective Dates: 3/26/1987
Rule 3333-1-20 | Procedures to be followed in allocating state support to the Ohio aerospace institute.
 

(A) Authority

This rule is adopted pursuant to the requirement of section 3333.042 of the Revised Code.

(B) Preparation of budget requests

When distributing forms and instructions related to the preparation of operating and capital budget requests, the chancellor of higher education 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 chancellor 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 chancellor of higher education 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 chancellor for the purposes of the Ohio aerospace institute, the chancellor 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. If capital appropriations are made or transferred to a higher education institution for the purposes of the Ohio aerospace institute, all requirements of rule 3333-1-03 of the Administrative Code shall be met prior to the release of capital appropriations.

Last updated October 25, 2023 at 11:49 AM

Supplemental Information

Authorized By: 3333.042
Amplifies: 3333.042
Five Year Review Date: 10/5/2026
Prior Effective Dates: 12/18/2010
Rule 3333-1-21 | Action and investment funds.
 

(A) Authority

This rule is established by authority conferred upon the chancellor of higher education in section 3333.04 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 pledges 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 department of higher education 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 higher education to advise her/him on short and long-term programmatic options for improving the research and economic development activities of the Ohio department of higher education 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 Ohio department of higher education may request that the university research officers and two college representatives acting as an advisory council to the chancellor 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 are 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 Ohio department of higher education 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 is to appoint an officer as liaison to the Ohio department of higher education for all action and investment fund requests. Only requests received from this officer or from a designee will be considered. The Ohio department of higher education will 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 chancellor's staff will be able to make the best possible use of resources. The Ohio research officers' council will be charged with developing recommendations for the use of the funds to be presented to the Ohio department of higher education; and assisting the staff in conducting an annual review of the effectiveness of the funds to prepare recommendations for the Ohio department of higher education.

(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 utilize a competitive review process.

(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 paragraphs (F)(9)(a) to (F)(9)(e) of this rule.

A list of all agencies and/or programs considered to have national peer review will be available from the Ohio department of higher education.

(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 are to 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 are to 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 is to include the following: a letter from the institutional liaison(s); a summary or abstract of the most current draft of the proposal narrative and the proposal 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) Electronic proposal: The institutional liaison or designee is to clarify funding levels, use of funds, estimated date to purchase instrumentation, or for institutional requests to extend the estimated date of the external award period, for the proposal project request. The project title and principal investigator and/or project director's name, address, and telephone number(s) and email address is to be listed to enable the chancellor's staff to ask questions during the review period. The institution is to propose a time limit for the pledged support; typically this will coincide with the sponsor's stated award date.

A summary or abstract of the most recent version of the proposal narrative is to be provided in the electronic proposal submission by the institutional liaison or designee. The narrative is to 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 is to be available if requested by the chancellors staff. A copy of the proposal's budget is to be included.

(b) Budget: A budget defined in the electronic proposal submission request is to identify the contributions of the agency, institution, and action fund to the total project costs. The budget is to identify the major areas of expenditure.

(c) Narrative: A brief narrative defined in the electronic proposal submission request is to identify 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 is to be received by the Ohio department of higher education 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 for non-peer reviewed grants or those not requiring a match by the institution are to 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 will be reviewed by the staff with the advice of the Ohio department of higher education 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)(c) of this rule and meets the criteria of peer-reviewed and requiring a institutional match. The staff will forward a recommendation to the chancellor.

(c) A copy of the "Request for Proposals" or "Program Announcement" and description of the peer review procedures will be available for chancellor's 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)(9)(b) to (F)(9)(e) of this rule.

(e) A report of all applications for and awards made under these procedures will 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 will be distributed in one or more competitive rounds each year, with total funding limited to the amount currently allocated for that purpose by the Ohio department of higher education.

(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 are to be used principally for research and research-oriented instructional activities.

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

(c) Investment fund loans are interest-free.

(d) Loans will normally be repaid over a ten-year period from the time funds are available. Institutions have the option of delaying the initial payments for one to three years, although in such cases the yearly payment will be at a higher rate to permit repayment within the remaining portion of the ten-year period. A delayed payment schedule will 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 will 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 chancellor.

(g) Priority will 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 Ohio department of higher education may make investment grants to multi-campus research consortia. The conditions and limitations of paragraphs (F)(6)(a), (F)(6)(b), (F)(6)(f) and (F)(6)(g) of this rule apply. These grants will not require repayment.

(b) Priority will 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 is to be one that is legally constituted and that complies with all applicable Ohio law.

(8) Requests for investment funds

A request for investment funds is to 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 is to be signed by the chief research and fiscal officers of the institution and 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 is to be included in this letter.

Narrative report: The narrative report is to 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 department 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 is to be included.

(c) Budget: A separate budget is to 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 will be made in one or more competitive rounds each year. A request for proposals will be issued by the Ohio department of higher education before the review.

(b) All proposals will be reviewed by the chancellor's staff with the advice of the university research officers and two college representatives acting as an advisory council to the chancellor and, if necessary, statewide research advisory councils. The research Officers council are to advise the chancellor 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 chancellor'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 chancellor on questions of scientific merit; collaborative opportunities; and the level of support as described in paragraph (F)(9)(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 chancellor's staff will make recommendations for support, including funding levels, to the chancellor.

(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.

Last updated January 17, 2024 at 8:38 AM

Supplemental Information

Authorized By: 3333.04
Amplifies: n/a
Five Year Review Date: 1/13/2029
Prior Effective Dates: 2/1/1991, 2/1/1993
Rule 3333-1-22 | Nurse education assistance loan program.
 

(A) Intent and authority

(1) It is the intent of the chancellor of the department of higher education 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 chancellor by section 3333.28 of the Revised Code.

(B) Definitions

For purposes of this rule:

(1) A "loan" means the total principal amount of all nurse education assistance loan program funds awarded to a student plus interest assessed by the chancellor.

(2) An "approved nurse education program" means 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 chancellor under section 3333.04 of the Revised Code or offered by an institution holding a certificate of authorization issued by the chancellor under Chapter 1713. of the Revised Code.

(3) An "institution" means a hospital school of nursing, or a private college, university or vocational school which offers an approved nurse education program.

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

(5) "Half-time enrollment" means 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" means 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 as indicated in each students institutional cost of attendance.

(7) "Expected family contribution" means 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 is to be calculated by means of a federally approved need analysis formula designated by the chancellor. The chancellor may use any federally approved need analysis formula that is a successor to expected family contribution.

(8) The "direct clinical practice of nursing" means the equivalent of full-time employment in an Ohio board of nursing licensed occupation and in which the employee has 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 chancellor which authorizes the borrower to temporarily stop performance of the service obligation or repayment of the loan during specified periods of time. No interest will accrue during any deferment period.

(10) "Total service obligation" means a period of time--four consecutive years for those students completing a postlicensure program of study and five consecutive years for those students completing a prelicensure program of study--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" means a public agency or private firm which provides services to the department of higher education, under a contractual agreement, for the processing of loans which are in repayment, delinquent or in default.

(12) "Full-time employment" means employed at one or more employers for an average of thirty-two hours a week utilizing nursing degree.

(C) Eligibility requirements

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

(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 chancellor may request documentary evidence of compliance with this paragraph;

(4) Provide an expected family contribution value, or successor/equivalent, which has been determined in accordance with paragraph (B)(7) of this rule;

(5) Complete a promissory note stating an intention to engage in the direct clinical practice of nursing in the state of Ohio upon completion of her or his academic program; and

(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) Interested applicants are to complete the free application for federal student aid (FAFSA) prior to completing the NEALP application. The completion of the FAFSA provides an expected family contribution (EFC), or equivalent successor measurement, that may be used to determine NEALP eligibility.

(2) Applications are available electronically on the NEALP website annually during the application period, which will be posted on highered.ohio.gov/nealp.

(3) Each applicant is to submit by the stated close date the completed application, a signed promissory note, a signed statement of students rights, and a statement of intent if seeking a masters of nurse educators (MNE) degree.

(4) If an applicant is under the age of eighteen, the applicant will need to have a co-signer that is eighteen years or older on the promissory note.

(E) Maximum awards amounts

(1) The maximum annual loan amount will be the following:

(a) Ten thousand dollars for a student enrolled in an eligible postlicensure nurse education program and who has stated an intent to practice as a faculty member or an adjunct with the equivalent of full-time employment or a combination of teaching and direct clinical practice of nursing that is equivalent of full-time employment at a prelicensure or postlicensure program for nursing in the state.

(b) Three thousand dollars for a student enrolled in an eligible prelicensure nurse education program leading to a registered nurse license;

(c) Three thousand dollars for a student enrolled in an eligible postlicensure nurse education program;

(d) One thousand five hundred dollars for a student enrolled in an eligible prelicensure nurse education program leading to a license in practical nursing.

The listed award amounts are the maximum award a student may receive and each year the award amounts will be set by the chancellor as set forth in paragraph (F) of this rule.

(2) Loans may be awarded for a maximum of fifteen quarters or ten semesters or the equivalent and may not exceed the total aggregate loan amount of thirty thousand dollars.

(3) Fund balance: Annually, the chancellor will review the applications, the biennial appropriations and consult with the board of nursing to determine the percentage that will remain after awards for a particular year. However, the money remaining in the fund will not be less than five per cent of the annual appropriation.

(F) Awarding loans

(1) Each year the chancellor will review the states needs for nurse educators, registered nurses and practitioners, and practical nurses and review the total applications received in identified fields of need to determine the number of loans to be awarded. The chancellor may determine the number of loans which are available to be awarded based on available funds. Available loans may be apportioned by professional category. Prior to a final apportionment determination, the chancellor will consult with the board of nursing. For purposes of this rule, consultation with the board of nursing may include, but is not limited to, submission of recommendations, a report, or findings by the board of nursing.

(2) The total number of applications received and available funds determines the maximum award in each nursing degree category and is provided to the institutions electronically. The final eligibility number is finalized by the institutions in the verification process. Institutions are instructed to verify each applicants enrollment and eligibility. The institutions verification process includes but is not limited to; acceptance and/or enrollment in a nursing program that does not include pre-requisite courses; reporting the total cost of attendance for the year, the total estimated financial aid, and the EFC (or successor/equivalent); and verifying the applicant is not in student loan default with the U.S. department of education. The verification process and deadline date will be posted on the department of higher education website each year. Institutions submit this information in a HEI file which is recorded in the NEALP system of the student account. The institutions are electronically notified of the final per student award amount and EFC (or successor/equivalent) cutoff if applicable.

(3) If sufficient funds are available, as determined by the chancellor, loan assistance will be awarded to all eligible applicants in programs identified as fields of need.

(4) If available funds are not sufficient to award loans to all eligible applicants, as determined by the chancellor, the chancellor will allocate the available funds among the professional categories. 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 (or successor/equivalent), with preference given to the lowest expected family contribution (or successor/equivalent), in the awarding of loans. The chancellor may consider other factors in the ranking of applications.

(5) In determining the annual amount of each loan, the chancellor will consider the student's educational expenses, the expected family contribution (or successor/equivalent), and other financial aid awarded to the student.

(G) Loan disbursal

(1) The chancellor will disburse the funds to the verified borrower's institution to cover educational expenses in equal portions over two or three terms of the academic year provided the applicant is attending an approved nursing program.

(2) Loan benefits will 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 needs to bring her or his academic record up to the necessary standard within two academic terms or the loan will go into repayment.

(3) If a student reduces his or her enrollment - either by dropping a class(es) or withdrawing altogether after the institution's census date, but during the institution's refund period, the percentage of the NEALP award refund will be equivalent to the percentage refund of the student's actual educational expense charges. If a student reduces his or her enrollment - either by dropping a class(es) or withdrawing altogether after the institution's freeze date, and after the institution's refund period, no NEALP award refund will be necessary.

(H) Loan application

(1) Loans are not automatically renewed. Each year an applicant will have to reapply and be in good standing on all previous NEALP loans. To qualify for loan renewal, the borrower will need to continue to meet all eligibility requirements set forth in paragraph (C) of this rule and 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 necessary for each loan.

(I) Loan forgiveness

(1) After graduation from an approved nurse education program, the borrower may be eligible for debt cancellation as follows:

(a) At a rate of twenty-five per cent per year, for a maximum of four years, for students that completed a postlicensure program of study for each year in which the borrower is employed as a faculty member or an adjunct with the equivalent of full-time employment or a combination of teaching and direct clinical practice of nursing that is equivalent of full-time employment at a prelicensure or postlicensure program for nursing in the state of Ohio.

(b) At a rate of twenty per cent per year, for a maximum of five years, for students who completed a prelicensure program of study for each year in which the borrower is employed in the direct clinical practice of nursing in the state of Ohio for the equivalent of full-time employment.

(c) At a rate of twenty per cent per year, for a maximum of five years, for students who completed a postlicensure program of study without the intent to teach for each year in which the borrower is employed in the direct clinical practice of nursing in the state of Ohio for the equivalent of full-time employment.

(d) At a rate of twenty per cent per year, for a maximum of five years, for students who completed a prelicensure nurse education program leading to a license in practical nursing for each year in which the borrower is employed in the state of Ohio for the equivalent of full-time employment.

(2) To qualify for loan forgiveness the borrower needs to secure the equivalent of full-time employment as described in paragraph (B) of this rule within a period not to exceed six months following graduation from the approved nurse education program.

(3) While fulfilling the service obligation, the borrower is to provide periodic evidence of the equivalent of full-time employment as requested by the chancellor.

(J) Repayment

(1) The chancellor has 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 who may determine the interest rate and fees.

(2) Repayment of the principal amount of the loan and interest will 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 ends 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 will go into repayment immediately;

(e) During an authorized deferment as granted by the chancellor which may be granted for up to one year for any circumstances which constitute an undue hardship, as judged by the chancellor. These circumstances may include continued nursing education, serious illness, pregnancy, disability, inability to secure employment or involuntary termination of employment.

(f) While the borrower is deployed on active duty service outside the state.

(g) While the borrower joins a spouse deployed on active duty outside the state.

(3) Repayment of the outstanding principal amount of the loan plus interest will be made to the department of higher education or the designated agency and will 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.

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

(5) The total repayment period will not exceed ten years.

(6) The minimum monthly repayment amount will be determined by the chancellor or the office of the Ohio attorney general or the designated agency, as applicable.

(K) Delinquency and default

(1) A borrower is delinquent when a loan payment is a minimum of thirty days late. The chancellor or the designated agency will 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 will be declared due in full and the borrower will be disqualified from any debt cancellation benefits. The chancellor or the designated agency will 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 will 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 chancellor will 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 will be made to promote the program and the nursing profession among groups who have been historically underrepresented in nursing careers.

(N) Influence on other awards

The receipt of a nurse education assistance loan will not affect a student's eligibility for assistance, or the amount of that assistance, granted under section 3333.122, 3333.26, 5910.03, 5910.032 or 5919.34 of the Revised Code.

Last updated December 28, 2023 at 8:26 AM

Supplemental Information

Authorized By: 3333.28
Amplifies: 3333.28
Five Year Review Date: 12/28/2028
Prior Effective Dates: 12/22/2003, 12/18/2010
Rule 3333-1-23 | To approve or disapprove the creation of service districts in Ohio for two-year campuses.
 

(A) Intent and authority

(1) It is the intent of the chancellor of higher education 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 chancellor by section 3333.04 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 chancellor, 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 chancellor 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 chancellor 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 chancellor will consider the following:

(a) The evaluation by the chancellor's 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.

Last updated October 25, 2023 at 11:50 AM

Supplemental Information

Authorized By: RC 3333.04
Amplifies: RC 3354.02, 3357.02, 3358.02
Five Year Review Date: 10/29/2026
Prior Effective Dates: 4/5/1999
Rule 3333-1-24 | Local administration of capital projects receiving over four million dollars in state capital appropriations.
 

(A) Authority

This rule is established by authority conferred upon the chancellor of higher education 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 chancellor and the Ohio facilities construction commission 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 and the northeastern Ohio universities college of medicine.

(2) "Capital project" means a project which consists of construction, reconstruction, improvement, renovation, enlargement, or alteration, or other structural improvements, or the installation of mechanical, electrical, or telecommunication systems or other equipment or material supplied therefore.

(3) "Contract documents" means the state of Ohio standard requirements for public facility construction and the related agreements for professional design services for architects, engineers and construction managers.

(4) "Institutional Designee" means the one principal contact designated by the institution for all capital projects for which local administration has been granted. 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.

(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 higher education or designee and the Ohio facilities construction commission. If both do not concur, the institution will be notified of the reason. If approved, local administration will 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 will submit the following for the review and approval by the chancellor of higher education or designee and the Ohio facilities construction commission. If both do not concur, the institution will 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 is to 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.

(iv) A listing of projects for which local administration authority is requested. The list is to include the name of each project; a description of each project; total budget amount for each project; level of local funding contributed to each project; expected start date for each project and the project administration team for each project.

(v) Any other information requested by the chancellor of higher education or designee or the Ohio facilities construction commission.

(vi) If staffing or material conditions change once local administration authority has been granted, the institution will notify the chancellor of higher education or designee and the Ohio facilities construction commission.

(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 its capital projects and/or fails to comply with the requirements of this rule during the capital project.

(b) If the Ohio facilities construction commission with concurrence of the chancellor of higher education or designee determines that an institution has failed to demonstrate an ability to properly manage its capital projects and/or has failed to comply with the requirements of this rule then project administration will be assigned to the Ohio facilities construction commission.

(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 Ohio facilities construction commission has begun administration of a capital project the granting of local administration is at the discretion of the Ohio facilities construction commission and the chancellor of higher education or designee, subject to the criteria set forth in this rule.

(E) Requirements for the local administration of capital projects which exceed four million dollars in state capital appropriations

(1) An institution will use the contract documents developed by the Ohio facilities construction commission, as applicable, under Chapter 153. of the 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 Ohio facilities construction commission will be notified in advance of any modifications of the contract documents. The Ohio facilities construction commission may disapprove such modifications.

(2) An institution will 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.

(3) An institution will advertise for the selection of an architect, engineer, planner, or construction manager for a capital project on the Ohio facilities construction commission's website. The capital project may also be advertised in the local media.

(4) An institution will comply with sections 153.06 and 153.07 of the Revised Code regarding advertisement for construction. The institution will also list bids on the Ohio business gateway web site.

(5) An institution will 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 will use the alternative dispute resolution process established by the Ohio facilities construction commission for the resolution of construction disputes.

(F) Project scope and funding

(1) Expenditures are capital improvements as allowable by law.

(2) The project scope meets 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 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 will 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 will not imply that any additional state funding, either through transfers from outer appropriations or from future appropriations, is or will be supported by the chancellor.

(G) Authorization to levy fees by the Ohio facilities construction commission and the institution.

(1) The Ohio facilities construction commission, with the concurrence of the chancellor of higher education 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 Ohio facilities construction commission 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.

Last updated January 17, 2024 at 8:39 AM

Supplemental Information

Authorized By: 3345.50
Amplifies: 3345.50
Five Year Review Date: 1/13/2029
Rule 3333-1-27 | Membership and participation in OhioLink.
 

(A) Authority

This rule is adopted under authority conferred upon the chancellor of higher education by division (U) of section 3333.04 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 public and private colleges, universities, and other institutions of higher education, 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; and

(2) Other not-for-profit libraries upon invitation by OhioLink with the consent of the chancellor.

(D) OhioLink may recommend to the chancellor to 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. The chancellor may permit this participation if the chancellor determines that 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 financial contribution to the operations of OhioLink.

Last updated October 25, 2023 at 11:50 AM

Supplemental Information

Authorized By: 3333.04
Amplifies: 3333.04
Five Year Review Date: 10/18/2026
Prior Effective Dates: 12/14/2000
Rule 3333-1-28 | Criteria for local administration by institutions of higher education.
 

(A) Authority

This rule is established by authority conferred upon the chancellor of the Ohio department of higher education in division (B) of section 3345.51 of the Revised Code upon consultation with the Ohio facilities construction commission 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 sections 123.24 and 4115.51 of the Revised Code.

(B) Definitions

(1) "Institution" means a state university, a state community college, and the northeast Ohio medical university.

(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 Revised Code, shall comply with the following criteria:

(1) The institution has been certified in accordance with section 123.24 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 Ohio facilities construction commissoin 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 Ohio facilities construction commission and the Ohio attorney general, as applicable, under Chapter 153. of the 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 Ohio facilities construction commission shall be notified in advance of any modifications of the standard conditions of contract for construction documents. The Ohio facilities construction commission 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 9.335 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 chancellor 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 chancellor.

(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 provide 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 section 3345.51 of the Revised Code. The fee shall not exceed 1.5 per cent of actual construction costs.

Supplemental Information

Authorized By: 3333.04
Amplifies: 3345.51
Five Year Review Date: 5/25/2025
Prior Effective Dates: 2/6/2014
Rule 3333-1-29 | Biennial audits of capital projects.
 

(A) Authority

This rule is established by authority conferred upon the chancellor of the Ohio department of higher education in division (C) of section 3345.51 of the 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 sections 123.24 and 3345.51 of the Revised Code.

(B) Definitions

(1) "Institution" means a state university, a state community college, and the northeast Ohio medical university.

(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 division (C) of section 3345.51 of the Revised Code to determine whether the institution has used its certification issued under section 123.24 of the Revised Code appropriately.

(2) A minimum of ten per cent of all capital projects administered by the institution in a given biennium which are locally administered pursuant to sections 123.24 and 3345.51 of the Revised Code 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 department of higher education or designee and to the Ohio facilities construction commission or designee within thirty 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.

Supplemental Information

Authorized By: 3333.04
Amplifies: 3345.51
Five Year Review Date: 5/25/2025
Rule 3333-1-30 | Monitoring of capital projects.
 

(A) Authority

This rule is established by authority conferred upon the chancellor of the Ohio department of higher education in division (D) of section 3345.51 of the 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 sections 123.24 and 3345.51 of the Revised Code.

(B) Definitions

(1) "Institution" means a state university, a state community college, and the northeast Ohio medical university.

(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 department of higher education 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 rule 3333-1-28 of the Administrative Code, 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 123.24 of the Revised Code.

(d) Evidence that the institution's local administration certification granted under section 123.24 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 division (C) of section 3345.51 of the Revised Code and rule 3333-1-29 of the Administrative Code.

(3) Any other information requested by the chancellor of the department of higher education or designee.

(D) Basis for revocation

The chancellor of the department of higher education may revoke the authority of an institution of higher education to locally administer capital projects under the authority of section 3345.51 of the Revised Code if any of the following occur:

(1) The Ohio facilities construction commission has revoked the institution of higher education's local administration certification under section 123.24 of the Revised Code.

(2) The institution has not complied with rule 3333-1-28 of the Administrative Code; or

(3) The institution has not conducted the biennial audit in accordance with division (C) of section 3345.51 of the Revised Code and rule 3333-1-29 of the Administrative Code.

(E) Actions taken by the chancellor

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 chancellor 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 Ohio facilities construction commision or the chancellor, the institution shall do the following:

(1) Reapply to the department of administrative services under section 123.24 of the Revised Code; and

(2) Petition the chancellor 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.

Supplemental Information

Authorized By: 3333.04
Amplifies: 3345.51
Five Year Review Date: 5/25/2025
Rule 3333-1-32 | Definitions.
 

For purposes of the chancellor of higher education administrative rules promulgated in accordance with section 1347.15 of the Revised Code, the following definitions apply:

(A) "Access" as a noun means an instance of copying, viewing, or otherwise perceiving whereas "access" as a verb means to copy view, or otherwise perceive.

(B) "Acquisition of new computer system" means the purchase of a "computer system", as defined in this rule, that is not a computer system currently in place nor one for which the acquisition process has been initiated as of the effective date of the agency rule addressing requirements in section 1347.15 of the Revised Code.

(C) "Computer system" means a "system", as defined by section 1347.01 of the Revised Code, that stores, maintains, or retrieves personal information using electronic data processing equipment.

(D) "Confidential personal information" (CPI) has the meaning as defined by division (A)(1) of section 1347.15 of the Revised Code and identified by rules promulgated by the agency in accordance with division (B)(3) of section 1347.15 of the Revised Code that reference the federal or state statutes or administrative rules that make personal information maintained by the agency confidential.

(E) "Employee of the state agency" means each employee of a state agency regardless of whether he or she holds an elected or appointed office or position within the state agency. "Employee of the state agency" is limited to the specific employing state agency.

(F) "Incidental contact" means contact with the information that is secondary or tangential to the primary purpose of the activity that resulted in the contact.

(G) "Individual" means a natural person or the natural person's authorized representative, legal counsel, legal custodian or legal guardian.

(H) "Information owner" means the individual appointed in accordance with division (A) of section 1347.05 of the Revised Code to be directly responsible for a system.

(I) "Person" means a natural person.

(J) "Personal information" has the same meaning as defined in division (E) of section 1347.01 of the Revised Code.

(K) "Personal information system" means a "system" that "maintains" "personal information" as those terms are defined in section 1347.01 of the Revised Code. "System" includes manual and computer systems.

(L) "Research" means a methodical investigation into a subject.

(M) "Routine" means commonplace, regular, habitual, or ordinary.

(N) "Routine information that is maintained for the purpose of internal office administration, the use of which not adversely affect a person" as that phrase is used in division (F) of section 1347.01 of the Revised Code means personal information relating to employees and maintained by the agency for internal administrative and human resource purposes.

(O) "System" has the same meaning as defined by division (F) of section 1347.01 of the Revised Code.

(P) "Upgrade" means a substantial redesign of an existing system for the purpose of providing a substantial amount of new application functionality, or application modifications that would involve substantial administrative or fiscal resources to implement, but would not include maintenance, minor updates and patches, or modifications that entail a limited addition of functionality due to chances in business or legal requirements.

Last updated October 25, 2023 at 11:50 AM

Supplemental Information

Authorized By: 1347.15
Amplifies: 1347.15
Five Year Review Date: 11/16/2027
Prior Effective Dates: 3/7/2011
Rule 3333-1-32.1 | Procedures for accessing confidential personal information.
 

For personal information systems, whether manual or computer systems that contain confidential personal information, the agency shall do the following:

(A) Criteria for accessing confidential personal information. Personal information systems of the agency are managed on a "need-to-know" basis whereby the information owner determines the level of access required for an employee of the agency to fulfill his/her job duties. The determination of access to confidential personal information shall be approved by the employee's supervisor and the information owner prior to providing the employee with access to confidential personal information within a personal information system. The agency shall establish procedures for determining a revision to an employee's access to confidential personal information upon a change to that employee's job duties including, but not limited to, transfer or termination. Whenever an employee's job duties no longer require access to confidential personal information in a personal information system, the employee's access to confidential personal information shall be removed.

(B) Individual's request for a list of confidential personal information. Upon the signed written request of any individual for a list of confidential personal information about the individual maintained by the agency, the agency shall do all of the following:

(1) Verify the identity of the individual by a method that provides safeguards commensurate with the risk associated with the confidential personal information;

(2) Provide to the individuals the list of confidential personal information that does not relate to an investigation about the individual or is otherwise not excluded from the scope of Chapter 1347. of the Revised Code; and

(3) If all information relates to an investigation about the individual, inform the individual that the agency has no confidential personal information about the individual that is responsive to the individual's request.

(C) Notice of invalid access.

(1) Upon discovery or notification that confidential personal information of a person has been accessed by an employee for an invalid reason, the agency shall notify the person whose information was invalidly accessed as soon as practical and to the extent known at the time. However, the agency shall delay notification for a period of time necessary to ensure that the notification would not delay or impede an investigation or jeopardize homeland or national security. Additionally, the agency may delay the notification consistent with any measures necessary to determine the scope of the invalid access, including which individuals' confidential personal information invalidly was accessed, and to restore the reasonable integrity of the system.

"Investigation" as used in this paragraph means the investigation of the circumstances and involvement of an employee surrounding the invalid access of the confidential personal information. Once the agency determines that notification would not delay or impede an investigation, the agency shall disclose the access to confidential personal information made for an invalid reason to the person.

(2) Notification provided by the agency shall inform the person of the type of confidential personal information accessed and the date(s) of the invalid access.

(3) Notification may be made by any method reasonably designed to accurately inform the person of the invalid access, including written, electronic, or telephone notice.

(D) Appointment of a data privacy point of contact. The agency shall designate an employee of the agency to serve as the data privacy point of contact. The data privacy point of contact shall work with the chief privacy officer within the office of information technology to assist the agency with both the implementation of privacy protections for the confidential personal information that the agency maintains and compliance with section 1347.15 of the Revised Code and the rules adopted pursuant to the authority provided by that chapter.

(E) Completion of a privacy impact assessment. The agency shall designate an employee of the agency to serve as the data privacy point of contact who shall timely complete the privacy impact assessment form developed by the office of information technology.

Last updated October 25, 2023 at 11:50 AM

Supplemental Information

Authorized By: 1347.15
Amplifies: 1347.15
Five Year Review Date: 11/16/2027
Rule 3333-1-32.2 | Valid reasons for accessing confidential personal information.
 

Pursuant to the requirements of division (B)(2) of section 1347.15 of the Revised Code, this rule contains a list of valid reasons, directly related to the agency exercise of the agency's powers or duties, for which only employees of the agency may access confidential personal information (CPI) regardless of whether the personal information system is a manual system or computer system,

Performing the following functions constitute valid reasons for authorized employees of the agency to access confidential personal information:

(A) Responding to a public records request;

(B) Responding to a request from an individual for the list of CPI the agency maintains on that individual;

(C) Administering a constitutional provision or duty;

(D) Administering a statutory provision or duty;

(E) Administering an administrative rule provision or duty;

(F) Complying with any state or federal program requirements;

(G) Processing or payment of claims or otherwise administering a program with individual participants or beneficiaries;

(H) Auditing purposes;

(I) Licensure [or permit, eligibility, filing, etc.] processes;

(J) Investigation or law enforcement purposes;

(K) Administrative hearings;

(L) Litigation, complying with an order of the court, or subpoena;

(M) Human resource matters (e.g. hiring, promotion, demotion, discharge, salary/compensation issues, leave requests/issues, time card approvals/issues);

(N) Complying with an executive order or policy;

(O) Complying with a policy of the agency or a state administrative policy issued by the department of administrative services, the office of budget and management or other similar state agency; or

(P) Complying with a collective bargaining agreement provision.

Last updated October 25, 2023 at 11:50 AM

Supplemental Information

Authorized By: 1347.15
Amplifies: 1347.15
Five Year Review Date: 11/16/2027
Rule 3333-1-32.3 | Confidentiality Statutes.
 

The following federal statues or regulations or state statutes and administrative rules make personal information maintained by the agency confidential and identify the confidential personal information within the scope of rules promulgated by this agency in accordance with section 1347.15 of the Revised Code:

(A) Social security numbers: 5 U.S.C. 552a. unless the individual was told that the number would be disclosed.

(B) Records of the agency containing student education records: The Family Educational Rights and Privacy Act (FERPA), 20 U.S.C. 1232g; 34 CFR Part 99.

Last updated October 25, 2023 at 11:50 AM

Supplemental Information

Authorized By: 1347.15
Amplifies: 1347.15
Five Year Review Date: 11/16/2027
Rule 3333-1-32.4 | Restricting and logging access to confidential personal information in computerized personal information systems.
 

For personal information systems that are computer systems and contain confidential personal information, the agency shall do the following:

(A) Access restrictions. Access to confidential personal information that is kept electronically shall require a password or other authentication measure.

(B) Acquisition of a new computer system. When the agency acquires a new computer system that stores, manages or contains confidential personal information, the agency shall include a mechanism for recording specific access by employees of the agency to confidential personal information in the system.

(C) Upgrading existing computer systems. When the agency modifies an existing computer system that stores, manages or contains confidential personal information, the agency shall make a determination whether the modification constitutes an upgrade. Any upgrades to a computer system shall include a mechanism for recording specific access by employees of the agency to confidential personal information in the system.

(D) Logging requirements regarding confidential personal information in existing computer systems.

(1) The agency shall require employees of the agency who access confidential personal information within computer systems to maintain a log that records that access.

(2) Access to confidential information is not required to be entered into the log under the following circumstances:

(a) The employee of the agency is accessing confidential personal information for official agency purposes, including research, and the access is not specifically directed toward a specifically named individual or a group of specifically named individuals.

(b) The employee of the agency is accessing confidential personal information for routine office procedures and the access is not specifically directed toward a specifically named individual or a group of specifically named individuals.

(c) The employee of the agency comes into incidental contact with confidential personal information and the access of the information is not specifically directed toward a specifically named individual or a group of specifically named individuals.

(d) The employee of the agency accesses confidential personal information about an individual based upon a request made under either of the following circumstances:

(i) The individual requests confidential personal information about himself/herself.

(ii) The individual makes a request that the agency takes some action on that individual's behalf and accessing the confidential personal information is required in order to consider or process that request.

(3) For purposes of this paragraph, the agency may choose the form or forms of logging whether in electronic or paper formats.

(E) Log management. The agency shall issue a policy that specifies the following:

(1) Who shall maintain the log;

(2) What information shall be captured in the log;

(3) How the log is to be stored; and

(4) How long information kept in the log is to be retained.

Nothing in this rule limits the agency from requiring logging in any circumstance that it deems necessary.

Last updated October 25, 2023 at 11:51 AM

Supplemental Information

Authorized By: 1347.15
Amplifies: 1347.15
Five Year Review Date: 11/16/2027
Rule 3333-1-35 | "OhioMeansJobs Workforce Development Revolving Loan Fund".
 

(A) Authority

This rule is established by authority conferred upon the chancellor of the Ohio department of higher education by sections 3333.04 and 6301.14 of the Revised Code and Section 2 of Amended Substitute Senate Bill 1 of the 130th General Assembly.

(B) Policy and intent

The purpose of the "OhioMeansJobs" workforce development revolving loan program is to promote and encourage Ohio's workforce development and job growth through educational training and retraining in programs related to employment opportunities in areas that are in demand, including but not limited to, employment opportunities within the field of energy exploration.

(C) Definitions

(1) "Institution" means any of the following:

(a) A state institution of higher education, as defined in section 3345.011 of the Revised Code;

(b) A private career school, as defined in section 3332.01 of the Revised Code;

(c) A private, nonprofit institution in this state holding a certificate of authorization pursuant to Chapter 1713. of the Revised Code;

(d) A private institution exempt from regulation under Chapter 3332. of the Revised Code as prescribed in section 3333.046 of the Revised Code, if the program has a certificate of authorization pursuant to Chapter 1713. of the Revised Code;

(e) A career-technical center, joint vocational school district, comprehensive career-technical center, or compact career-technical center offering adult training.

(2) "Workforce training program" includes any of the following:

(a) Courses, programs, or a degree from an institution;

(b) Vocational education classes offered to adult learners;

(c) Any other training program designed to meet the special requirements of a particular employer.

(D) Applications

(1) The chancellor shall prescribe a process for making awards under this program to eligible institutions for the institutions to disburse to eligible participants as loans. The process shall include the periodic issuance of an application to all or any segment of the eligible institutions.

(2) The forms that will be used in the application process shall be prescribed by the chancellor and made available each time an application is issued. The application process shall be published on the Ohio department of higher education's web page, located at www.ohiohighered.org.

(3) Any applications for the "OhioMeansJobs" workforce development revolving loan program shall include:

(a) Instructions for submitting an application, including the timelines for proposals, the required format and any specific forms to be used in the proposal;

(b) Eligibility requirements for submitting an application;

(c) A description of the criteria that will be used to evaluate submitted applications, which may include, but is not limited to:

(i) The success rate of the workforce training program offered by the institution;

(ii) The cost of the workforce training program based upon a comparison of similar workforce training programs offered in this state;

(iii) The rate that the workforce training program participants obtain employment in the field in which they receive training under the program;

(iv) The willingness of the institution to assist a participant in paying for the costs of participating in the workforce training program;

(v) The extent to which the program has demonstrated support from business partners.

(d) Any award amount minimums and maximums for an institution, a program or a loan to the participant at the institution;

(e) A description of procedures that will be used to select the loan award recipients, which may include, but is not limited to, giving preference to certain criteria used to evaluate submitted applications;

(f) Terms for repayment of a loan from the fund;

(g) Any special conditions or requirements that may accompany an award of funds.

(E) Application review and program awards

The chancellor shall review each application submitted. Applications received by entities deemed to be ineligible to submit applications as defined in the request for proposals shall not be reviewed.

The chancellor shall notify each applicant of the decision concerning each respective application.

(F) Award requirements

(1) Any recipient of an "OhioMeansJobs" workforce development revolving loan program award by the chancellor shall enter into an agreement with the treasurer of state's office governing the use and disbursement of the award.

(2) Any recipient of an "OhioMeansJobs" workforce development revolving loan program award by the chancellor may be required to provide the chancellor with periodic program and fiscal reports as provided in the instructions for proposal and 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 calculated on any outstanding principal balance of that award of not more than four per cent per annum, as described in the request for proposal and agreement. 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 fund awardees.

Supplemental Information

Authorized By: Section 2 of Amended Substitute Senate Bill 1 of the 130th General Assembly
Amplifies: Section 2 of Amended Substitute Senate Bill 1 of the 130th General Assembly
Five Year Review Date: 5/25/2025
Prior Effective Dates: 2/6/2014
Rule 3333-1-40 | Designation for alternative or optional retirement programs.
 

(A) Authority

This rule is adopted under authority conferred upon the chancellor of the Ohio department of higher education by section 3305.032 of the Revised Code.

(B) Purpose

The purpose of this rule is to establish procedures and set objective standards for the designation and periodic review of entities seeking to provide or providing investment options under alternative retirement plans maintained by public institutions of higher education and to ensure that the entities remain in compliance with the requirements and purposes of Chapter 3305. of the Revised Code, and this rule.

(C) Definitions

Unless otherwise defined in the rule, terms used in this rule have the same meaning as defined in Chapter 3305. of the Revised Code.

(D) Procedure for applying for designation, or continued designation, as an entity eligible to provide investment options under alternative retirement plans maintained by public institutions of higher education by the chancellor:

(1) Each entity applying for designation shall provide the following documentation to the chancellor or the chancellors designee evidencing that the applicant meets the standards, qualifications, and requirements for designation:

(a) The entity is authorized to conduct business in this state with regard to the investment options to be offered under an alternative retirement plan maintained by a public institution of higher education.

(b) The entity must meet one of the following requirements:

(i) The entity must have provided investment options for not less than ten years under alternative retirement plans maintained by public institutions of higher education in this state; or

(ii) The entity must offer the same or similar investment options under alternative retirement plans, optional retirement plans, or similar types of plans with respect to which all of the following apply:

(a) The plans are defined contribution plans that are qualified plans under Internal Revenue Code 401(a) or 403(b).

(b) The plans are maintained by institutions of higher education in at least ten other states.

(c) The plans are established as primary retirement plans that are alternatives to, or a component of, the applicable state retirement system.

(2) Each entity applying for designation shall provide the following information in a format approved by the chancellor:

(a) The experience of the entity providing investment options in this state or other states under alternative retirement plans, optional retirement plans, or similar types of plans that meet the requirements of division (B)(2)(a) or (B)(2)(b) of section 3305.03 of the Revised Code;

(b) The potential effectiveness of the entity in recruiting eligible employees to select that entity for purposes of participating in an alternative retirement plan and in retaining those employees' accounts;

(c) Whether the entity intends to offer a broad range of investment options to the electing employees;

(d) The suitability of the investment options to the needs and interests of the electing employees and their beneficiaries;

(e) The capability of the entity to offer sufficient information to the electing employees and their beneficiaries to make informed decisions with regard to investment options offered by the entity;

(f) The capability of the entity to perform in a manner that is in the best interests of the electing employees and their beneficiaries;

(g) The fees and expenses associated with the entity's investment options and the manner in which the entity intends to disclose those fees and expenses;

(h) The rights and benefits to be provided under the investment options;

(i) The capability of the entity to provide the rights and benefits under the investment options;

(j) Any other information the chancellor, or consultant selected by the chancellor, deems relevant, which may include, but is not limited to:

(i) Whether the entity sells, services, supports, and otherwise represents the investment options solely with employees of the entity and its affiliates;

(ii) A response to a comment submitted by a college during the review and evaluation process.

(E) Evaluation and review of an entity applying for designation or continued designation.

(1) The chancellor, or consultant selected by the chancellor, shall review the submissions:

(a) To ensure the requirements of paragraph (D)(1) of this rule are met; and

(b) To identify, consider and evaluate the information provided under paragraph (D)(2) of this rule.

(2) The chancellor, or consultant selected by the chancellor, shall also consider as part of the evaluation of an entity comments submitted by a public institution of higher education.

(F) During the review and evaluation process conducted by, or on behalf of, the chancellor, the chancellor shall do all of the following:

(1) Provide written notice to each public institution of higher education that an entity has applied to be designated as a vendor under section 3305.03 of the Revised Code or is a designated entity scheduled for review and continued designation:

(a) The notice shall inform the public institution of higher education of the start and end date of the comment period, which shall be at least thirty days, and shall provide the address to which the public institution of higher education shall submit any comments;

(b) During the comment period a public institution of higher education may request a meeting with the chancellor concerning the application or review;

(2) If a meeting is requested by a public institution of higher education, the chancellor shall do all of the following:

(a) Notify each public institution of higher education of the meeting and its time and place;

(b) Hold the meeting not less than ten but not more than thirty days after the end of the comment period;

(c) Continue to accept comments concerning the application or review, as applicable, until five business days after the meeting is held.

(G) Not later than fourteen days after the chancellor makes a decision with respect to an application or review, including any rescission of a vendor's designation, provide written notice to each public institution of higher education of the chancellor's decision.

(H) Any notices provided to a public institution of higher education under this rule shall be mailed to the most recent address of record provided by the institution to the chancellor for purposes of receipt of such notices.

(I) Any entity that held a designation under section 3305.03 of the Revised Code on September 9, 2012 shall submit an application under this rule for review within sixty days after the effective date of this rule.

(1) The chancellor shall follow the process in paragraph (F) of this rule for those entities submitting an application within sixty days of the effective date of this rule.

(2) Any entity not submitting an application within sixty days of this rule has fifteen days to submit an application before the chancellor begins the process in paragraph (F) of this rule for rescission of designation.

(J) The chancellor shall conduct periodic reviews of entities designated to provide or providing investment options under alternative retirement plans maintained by public institutions of higher education. Such reviews shall occur not less frequently than once every three years. When a vendor is up for review, the chancellor shall send a notice of the review to the vendor. If the vendor desires to continue its designation, the vendor shall within three months of that notice of review, submit the continuation application. If a vendor fails to submit the application by the deadline or is found to not satisfactorily meet the requirements of this rule, the chancellor shall rescind the vendors designation.

(K) Fees

Any entity submitting an application for designation or for continued designation agrees upon submission to pay the amount necessary to cover the chancellors reasonable costs to review its submission, including but not limited to, the chancellors costs to administer the process and the actual costs of any consultant evaluating the submission.

Supplemental Information

Authorized By: 3305.032
Amplifies: 3305.03, 3305.031, 3305.032
Five Year Review Date: 5/25/2025
Prior Effective Dates: 7/15/2014
Rule 3333-1-61 | Choose Ohio first scholarship program.
 

(A) Authority

This rule is established by authority conferred upon the chancellor of higher education by section 3333.61 of the Revised Code.

(B) Policy

The choose Ohio first scholarship program makes awards to universities and colleges for programs that recruit students into the fields of science, including health professions, technology, engineering, mathematics (STEM), or in science, technology, engineering, or mathematics education in order to enhance regional educational and economic strengths and meet the needs of the states regional economies.

(C) Eligibility for the choose Ohio first scholarship program

State universities and colleges, as well as nonpublic four-year institutions of higher education are eligible to compete for state funds to implement novel, as well as well-proven, programs, strategies, and initiatives designed to recruit, or to ensure greater academic success for, and provide work-based learning opportunities through a co-op, internship, experience in a university, college or private laboratory, or other work-based learning experiences. Eligible programs of study will be identified with specific STEM "Classification of Instruction Program" (CIP) codes on the Ohio department of higher education's web page, www.highered.ohio.gov.

(D) Requests for proposals

The chancellor of higher education will prescribe a competitive process for making awards under this program to eligible institutions. The process will include the periodic issuance of a request for proposals to all or any segment of the eligible institutions. The chancellor may limit the number of proposals eligible institutions may submit based upon criteria the chancellor considers appropriate. The forms used in the proposal process will be prescribed by the chancellor and made available each time a request for proposal is issued. The request for proposals process shall be published on the Ohio department of higher education's web page, www.highered.ohio.gov. Any request for proposals for the choose Ohio first scholarship program is to include:

(1) Instructions for submitting a proposal, including the timelines, format and any specific forms to be used in the proposal; and

(2) Eligibility requirements for submitting a proposal;

(3) Student eligibility and scholarship amounts;

(4) Required cost share;

(5) Any minimum and maximum amount of award to be granted by the chancellor.

(E) Review process of proposals

(1) Administrative review of proposals

(a) Prior to review and evaluation, the chancellor's staff will review the proposals to ensure each proposal complies administratively with the general guidelines, requirements, and program objectives.

(b) If a proposal does not comply administratively, the chancellor may ask the applicant of the proposal clarifying questions and request additional information. The applicant of the proposal has ten days from notice of the defect to remedy the proposal.

(c) At the chancellors discretion, a proposal that fails to comply administratively may not be reviewed and evaluated.

(d) The applicant of a proposal not reviewed and evaluated will receive written notice within thirty days of the posted results of the administrative review.

(2) Review panel

(a) The chancellor, in the chancellor's discretion, may convene a panel, comprised of experts the chancellor appoints, to review and evaluate proposals.

(b) The review panel, if convened, will review and evaluate proposals in the following manner:

(i) Address the responsiveness of the proposal to the requirements of the request for proposals;

(ii) Determine which proposals best meet the evaluation criteria;

(iii) Determine which proposals should be recommended to the chancellor for funding consideration.

(c) The review panel will make recommendations directly to the chancellor. The chancellor will take into account the review panel evaluations and recommendations and will make the final funding decisions. A proposal may be accepted in part (with changes) as determined appropriate by the chancellor.

(3) Review of proposals in absence of panel

(a) If the chancellor does not convene a review panel to review and evaluate proposals, the chancellor, or the chancellor's designee(s), will review and evaluate the proposals in the following manner:

(i) Address the responsiveness of the proposal to the requirements of the request for proposals;

(ii) Determine which proposals best meet the evaluation criteria;

(iii) Determine which proposals should be considered for funding consideration, or, in the case of review and evaluation by the chancellor's designee(s), recommended to the chancellor for funding consideration.

(b) The chancellor will exercise independent judgment in making final funding decisions.

(F) Evaluation criteria

(1) The chancellor, or the chancellors designee(s) or review panel if convened, will 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 will not be reviewed. The review of proposals will include, but not be limited to, the consideration of one or more of the criteria specified in section 3333.62 of the Revised Code.

(2) Special consideration will be given to proposals that recruit underrepresented populations.

(3) The chancellor will endeavor to make awards under the choose Ohio first scholarship program as set forth in section 3333.64 of the Revised Code.

(4) Past performance for institutions that have previously been awarded "Choose Ohio First" scholarships may be considered in each competition that may include, but not limited to, meeting reporting requirements, retaining and graduating students, and serving as primary contact for student questions.

(G) Public meeting

Prior to final funding decisions by the chancellor, each proposal submitted for consideration will be summarized by the chancellor's staff at a public meeting. Each public university or college with a proposal pending for consideration will have the opportunity to review the summary and answer questions or respond to concerns about the proposal raised by the chancellor's staff.

(H) Selection and award agreement preparation

(1) Upon completion of the review and evaluation process, and, if applicable, after recommendations have been made, the chancellor will determine which proposals receive awards, in whole or in part. Applicants will be notified in writing of the outcome of their proposals.

(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 award agreement.

(3) At the request of the chancellor, an institution selected for funding and seeking approval from the state controlling board will attend the controlling board meeting.

(I) Award agreements

(1) The institution with an award approved by the controlling board will enter into an agreement with the Ohio department of higher education. The agreement will be based on the proposal as amended with the inclusion of a revised budget or other amended conditions set forth by the chancellor.

(2) Funding at the requested levels will be contingent upon performance against the stated goals and available funds.

(3) For three additional years following the completion of the project period, the institution will need to submit an annual report detailing the overall status of the project.

(4) Any institution that violates the terms of its award agreement may be instructed to repay the award plus interest at the rate specified in section 5703.47 of the Revised Code.

(J) Reporting and performance requirements

(1) Institutions will need to submit regular reports as specified in the award agreement, which includes at a minimum, performance reports, periodic success stories attributable to the state-funded program, and annual reports for three years following the project period are required. The institution will be responsible for submitting reports to the chancellors staff utilizing the specified mechanism.

(2) Each funded choose Ohio first scholarship program institution will need to implement a continuous assessment plan that evaluates the program at its campus. Institutions are expected to complete the project as described in the proposal as funded and as amended. The chancellors staff will assign a project administrator who will work with the institution throughout the duration of the project. The chancellors staff and institutions will develop a series of performance metrics that will be used to measure progress of the program. Institutions are to collect appropriately disaggregated baseline data, to measure progress through the collection and analysis of standardized data elements, and to submit progress reports that record the achievements of the plan within the context of the original goals.

(K) Funding

(1) Cost share

(a) The award agreement will set forth information regarding the program project budget and cost share. All reasonable institutional operational and capital costs, that are directly associated with delivering the project outcomes identified in the agreement may, in the chancellor's discretion, be counted as eligible cost-share. The value of institutional, public, or private industry cooperative work experiences and internships will count toward the statewide aggregate amount of other institutional, public, or private money.

(b) As set forth in the award agreement, participating institutions will 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.

(2) Allowable and nonallowable expenses

(a) The entire award should be used for scholarships, however, at the chancellors discretion, the award agreement may allow for some amounts of the choose Ohio first program to be used for administration.

(b) All costs incurred in preparation of a proposal are to be borne by the applicant, or applicants for a collaboration proposal, and are not recoverable under an award.

Last updated January 17, 2024 at 8:39 AM

Supplemental Information

Authorized By: 3333.61
Amplifies: 3333.61, 3333.62, 3333.63, 3333.64, 3333.65, 3333.65, 3333.67, 3333.68, 3333.69
Five Year Review Date: 1/13/2029
Prior Effective Dates: 11/12/2008
Rule 3333-1-63 | Co-op/internship program.
 

(A) Authority

This rule is established by authority conferred upon the chancellor of the Ohio department of higher education 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 performed;

(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; and

(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 department of higher education 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; and

(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 nonprofit university or college collaborating with a state institution of higher education.

(4) "Nonprofit 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 northeast Ohio medical university, 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 department of higher education.

(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 department of higher education website, located at www.ohiohighered.ohio.gov/omic.

(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; and

(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.

Supplemental Information

Authorized By: 3333.72
Amplifies: 3333.72, 3333.73, 3333.74, 3333.75
Five Year Review Date: 8/13/2025
Prior Effective Dates: 2/16/2009
Rule 3333-1-65 | Definitions.
 

For purposes of college credit plus rules:

(A) A "secondary school" includes both a public secondary school and a participating nonpublic secondary school.

(1) A "public secondary school" has the same meaning as defined in section 3365.01 of the Revised Code.

(2) A "nonpublic secondary school" has the same meaning as defined in section 3365.01 of the Revised Code.

(3) A "participating nonpublic secondary school" means any nonpublic secondary school that does any of the following:

(a) Enters into an agreement with an institution of higher education to offer courses to its students under the college credit plus program;

(b) Promotes to its students the option to participate under the college credit plus program;

(c) Enrolls a student that is receiving or is approved to receive funding under the college credit plus program.

(B) "Institution of higher education" includes both a public college as defined in section 3365.01 of the Revised Code and a participating private college, which has the same meaning as defined in section 3365.01 of the Revised Code.

(C) "Textbooks" include paper and electronic and other purchased coursework materials.

(D) "Fees" include, but are not limited to, costs or fees charged for postsecondary enrollment application, activities required by the postsecondary institution that may enhance a students likelihood of academic success, course-related or laboratory fees.

(E) A student shall be considered economically disadvantaged for the purpose of college credit plus participation if the student is any of the following:

(1) A member of a household that meets the income eligibility guidelines for free or reduced-price meals, less than or equal to one hundred eighty-five per cent of federal poverty guidelines under the provisions of the National School Lunch Act, 42 U.S.C. 1758, effective date January 7, 2011;

(2) A member of a household that participates in at least one of the following programs:

(a) Medicaid;

(b) Supplementary Nutrition Assistance Program (SNAP);

(c) Supplementary Security Income (SSI);

(d) Federal public housing assistance or Section 8 (a federal housing assistance program administered by the department of housing and urban development); or

(e) Low income home energy assistance program.

(3) A student whose siblings attend a school that has established that the student's family income is at or below the criteria described in this rule, shall be considered economically disadvantaged for purposes of this chapter without the student's secondary school or district collecting its own data on that family.

A school district's or building's designation of community eligibility options shall not be considered in determining if a student is economically disadvantaged for purposes of this rule.

Last updated October 6, 2023 at 1:56 PM

Supplemental Information

Authorized By: 3365.02
Amplifies: 3365.04, 3365.05
Five Year Review Date: 5/10/2026
Prior Effective Dates: 2/17/2015
Rule 3333-1-65.1 | Notice to students regarding program opportunities and program requirements.
 

(A) Secondary schools

(1) Annual notice to students

(a) Each secondary school shall issue a notice, prior to February first of each year, providing information about the college credit plus program to students and parents through multiple and easily accessible resources, including, but not limited to, the following:

(i) The schools website;

(ii) Written communications including those generally distributed to students e.g., course offerings;

(iii) Student assemblies;

(iv) Joint communication events with postsecondary institutions.

(b) The notice shall include the following information:

(i) Costs:

(a) Notice of college credit plus opportunities that have no cost to students, including the free option to attend public institutions of higher education;

(b) Clear references to the potential cost of participation with a nonpublic institution of higher education;

(c) The prohibition of charging economically disadvantaged students who choose to attend a nonpublic institution of higher education;

(d) Nonpublic secondary schools must include an explanation that funding and participation may be limited for its students.

(ii) Criteria for student participation, including, but not limited to, the following:

(a) The requirement for a counseling session prior to participation pursuant to division (B) of section 3365.04 of the Revised Code.

(b) A notice that states: "Students must submit a written notice of their intent to participate in the upcoming academic year, by April first, in accordance with section 3365.03 of the Revised Code, but may submit the written notice of intent to participate as early as February fifteenth. Students desiring to participate in college credit plus in the summer are strongly encouraged to submit letters of intent and begin the admissions process starting in February and prior to the April first notice of intent deadline in order to improve chances of meeting summer registration timelines."

Secondary schools must include the intent to participate form as part of the informational session pursuant to division (D) section 3365.04 of the Revised Code.

(iii) Student participation options:

(a) A statement that secondary schools cannot limit a students participation in the college credit plus program to only the courses offered in that school and that students may also participate on-line or at any other participating institution of higher education, or any combination thereof.

(b) A statement that participating students may be concurrently enrolled in multiple postsecondary institutions and may take postsecondary courses from more than one institution of higher education, concurrently.

(c) List of courses offered at the secondary school through an agreement with an institution of higher education.

(d) A statement that students should review the course catalog of an institution of higher education for a full listing of course offerings by the institution.

(e) Specific information regarding a students option to participate in the college credit plus program, at the high school-if applicable-, online, or at an institution of higher education, shall be made part of all communications developed by the secondary school to promote the college credit plus program.

(f) Specific information pertaining to the students opportunity to participate during the summer term and for any student participating in a summer term that transfers to a new secondary school, the responsibility of the student to notify the institution of higher education and the students prior and new secondary school of such transfer.

(g) Information communicated regarding a students option to participate in accordance with paragraphs (A)(1)(b)(i) and (A)(1)(b)(ii) of this rule, shall also include notice to the student of all deadlines pertinent to the students participation; including all deadlines associated with summer term participation.

(iv) The designated point of contact at the secondary school for its college credit plus program who can answer questions of students and parents and the community regarding the programs operation and who will act as a liaison to the state of Ohio to monitor future changes or amendments to the program.

If a nonpublic secondary school with a student receiving funding under the program was not able to comply with the annual notice requirement due to the timing of the election of the students participation in the program, it shall comply with the annual notice requirement the following academic year.

(2) Annual informational session scheduled between the first day of October and the fifteenth day of February.

In satisfying the required annual informational session with partnering colleges within thirty miles of the school, multiple high schools within a district and multiple districts may participate together in a combined event, as long as in each instance parents and students have an opportunity to interact with a representative of and receive information from each participating postsecondary and their secondary school, so they will understand their college credit plus opportunities.

A secondary school may incorporate the counseling session pursuant to division (B) section 3365.04 of the Revised Code into the annual informational session provided the secondary school makes alternate dates available for those unable to attend the annual informational session.

(B) Institutions of higher education

(1) Notice of the institutions participation in the college credit plus program and criteria for student participation in the program shall be posted on the institutions website and in all general material and other media the institution uses to advertise participation in postsecondary opportunities to secondary school students. The posting must include the following:

(a) The courses offered at secondary schools;

(b) A link to where students can get information regarding academic program requirements;

(c) The criteria for student admission;

(d) The timeline for student application submission; and

(e) The timeline for course registration for summer, fall and spring terms.

(2) A partnering college shall coordinate with each partnering secondary school within thirty miles of the institution or the nearest partnering school if there are no partnering schools within thirty miles to present an informational session for interested students and parents. The institution of higher education shall provide a staff representative who is able to answer questions regarding admission standards and procedures as well as program and degree requirements.

(3) Out of state institutions of higher education are exempt from the notice and informational session requirements of this rule.

(C) Participants

(1) Students will inform the secondary school of their intention to participate by completing the intent to participate form by April first annually.

(2) The student will inform the college of the election of division (A) or (B) of section 3365.04 of the Revised Code. If the student elects division (A) of that section, the student will inform the high school of the decision to choose high school credit and college credit or only college credit. The final date allowable to change the election of division (A) or (B) of that section is on or before the colleges census date.

Last updated October 6, 2023 at 1:56 PM

Supplemental Information

Authorized By: 3365.02
Amplifies: 3365.04, 3365.05
Five Year Review Date: 5/10/2026
Prior Effective Dates: 2/17/2015, 2/21/2016
Rule 3333-1-65.2 | Program requirements for secondary schools.
 

(A) Participating secondary schools

(1) Public secondary schools must offer eligible students the opportunity to participate in the college credit plus program and provide information on how to participate in the program, irrespective of other advanced standing opportunities offered by the school or the existence of specific college credit plus program offerings by the school.

(2) Nonpublic secondary schools may not deny eligible students from participating in the college credit plus program.

(B) Programs requirements

(1) College credit plus classrooms at the participating secondary school shall consist of students who all follow the same college course syllabus, use the same text book and materials, aspire to achieve the same learning outcomes and are assessed using the same methods as the college course delivered on the college campus.

(2) All students who have enrolled in an institution of higher education, under the college credit plus program, must be assessed with the same standard of achievement and held to the same grading standards, regardless of where the course is delivered.

(3) A secondary school student who is not enrolled in the institution of higher education but who is in the college credit plus class shall, along with the students parents, be provided written notice stating the student is not earning college credit and would likely be required to retake the course upon enrollment at an institution of higher education if college credit is desired.

(4) Each secondary school shall verify, upon receipt of a pre-term notice of admission received pursuant to rule 3333-1-65.3 of the Administrative Code, that a student electing to participate in the college credit plus program is not taking more than thirty credit hours during an academic year and not more than the equivalent of four academic years or one hundred and twenty credit hours total through the college credit plus program under division (B) of section 3365.06 of the Revised Code, including those students eligible to start participating in the program in seventh and eighth grade. If the pre-term notice indicates a student has exceeded his or her maximum credit hours for that academic year, the secondary school shall promptly notify the student of the issue and give the student the choice of adjusting his or her schedule to comply with the maximum thirty credit hours requirement or self-paying for those course credits outside of the college credit plus program. The notice shall be based upon a review of all the pre-term notices received for the student.

For purposes of informing a students choice to reduce college course selection or self-pay for course credits, the secondary school shall notify the student that if the number of credits conferred by a college course partially exceeds the students maximum allowable credits, then the whole course shall be considered to exceed the maximum allowable credits.

Notwithstanding any other provision in this rule, if the student chooses to enroll for more than the thirty credits and has been properly informed as noted in this rule then the student can elect division (A) of section 3365.06 of Revised Code, and can determine which credit (high school and college or college only) to be issued. The student will inform the college of the elected choice, and the college will collect the payment from the student or family using the colleges standard tuition and fees or chancellor approved tuition waiver amount. If the student is not properly informed of the students responsibility, as described in this paragraph, then the college or the secondary school (whichever is responsible for failing to inform) is financially responsible and the students course will fall under division (B) of section 3365.06 of Revised Code.

For purposes of calculating the limitation of thirty credit hours in one academic year, an academic year shall begin with summer term.

(a) To determine the number of college credits a student earned under division (B) of section 3365.06 of the Revised Code in an academic school year, take the number of secondary units scheduled by the secondary school for which the student receives only secondary school credit, then multiply that number by three and then subtract the result from thirty. The resulting number shall be the total number of college credits a student participant may earn under college credit plus in an academic year. Any policy adopted by a secondary school that will potentially cause the student to enroll in more than thirty credits in a year, the calculation of this formula will change to take into account the number of college credits subtracted from the thirty maximum instead of secondary units as described in this paragraph. A secondary school may not adopt a policy that purposely limits a students ability to fully participate in the college credit plus program.

(b) Prior to the student registering for a course or courses in a term of an institution of higher education, a school shall notify the student of the total number of college credits a student participant may earn under college credit plus in an academic year as calculated in this paragraph.

(c) Under the college credit plus program postsecondary quarter hours are equal to .67 semester hours rounded to the nearest whole number.

(5) A secondary school shall ensure that enrollment in a college credit plus course for which an end-of-course examination is required under section 3301.0712 of the Revised Code, does not circumvent the participating students obligation to take the required end-of-course examination, unless the end of course exam is substituted under division (B)(2) of section 3301.0712 of the Revised Code or under any policy adopted in accordance with law.

(6) Secondary schools shall use the following conversion for a postsecondary course completed by a student participant under college credit plus to determine the amount of high school credit earned through participation in the program:

(a) A college credit plus course transcripting three or more semester credit hours shall count as one full high school unit; and

(b) A college credit plus course transcripting less than three semester hours shall count as the proportional fraction of a high school unit.

(7) The policy for awarding of grades and the calculation of class standing for college credit plus courses adopted and implemented by a district or secondary school pursuant to division (E) of section 3365.04 of the Revised Code shall not disadvantage students who choose to participate in college credit plus rather than in other advanced standing programs, including advanced placement and international baccalaureate.

Established policies shall not provide higher value to any course provided through one advanced standing program as defined in section 3313.6013 of the Revised Code than to a course within the same academic subject area provided by another advanced standing program. A higher value shall also not be granted to honors courses.

(8) All secondary schools must develop a process to identify students who are economically disadvantaged in accordance with rule 3333-1-65 of the Administrative Code.

Last updated October 6, 2023 at 1:56 PM

Supplemental Information

Authorized By: 3365.02
Amplifies: 3365.03, 3365.031, 3365.033
Five Year Review Date: 5/10/2026
Rule 3333-1-65.3 | Program requirements for institutions of higher education.
 

(A) The following institutions of higher education are authorized to participate in the college credit plus program:

(1) State institutions of higher education, as defined by section 3345.011 of the Revised Code.

(2) Institutions of higher education that have been authorized by the chancellor of the Ohio department of higher education pursuant to Chapter 1713. of the Revised Code, provided the participation in the program aligns with such authorization. An institution of higher education is immediately unauthorized to participate in the college credit plus program upon a revocation of a certification of authorization under section 1713.04 of the Revised Code.

(3) An institution of higher education not otherwise required to seek authorization under Chapter 1713. of the Revised Code, or participating in a reciprocity agreement, does not qualify as an eligible entity to participate in the college credit plus program unless approved by the chancellor pursuant to Chapter 1713. of the Revised Code.

(B) Chapter 3365. of the Revised Code, and all regulations adopted pursuant to that chapter, shall apply to all participating institutions of higher education, public or nonpublic, in-state or out-of-state.

(1) Failure to comply with the requirements of the college credit plus program, including, but not limited to, reporting data, may result in the chancellor and the superintendent withholding payment to, demanding repayment from, sending a distribution amount that is in favor of the other participating party, suspending the ability to negotiate future alternative funding structure, or suspending the institution of higher educations eligibility to continue participating in the program; and

(2) The chancellor shall make available a current list of institutions that are suspended from participation due to noncompliance.

(C) The state share of instruction formula or the Ohio department of educations foundation formula are calculated independently from the college credit plus program and participation of an institution or secondary school is unrelated to such calculations.

(D) Admissions and enrollment standards

(1) A participating institution of higher education shall apply its established admission criteria for participation in the college credit plus program, which shall not do any of the following:

(a) Be set at a higher standard than the admission criteria established for other students attending the institution; and

(b) Require different standards among students participating in college credit plus based on secondary grade-level or student age.

(2) In conjunction with the institutions admission criteria and prior to making a final admission decision, a participating institution of higher education shall evaluate each student who is applying to the institution under college credit plus, against one of the standard assessment exams pursuant to section 3365.03 of the Revised Code. Information is available on the Ohio department of higher education's website, http://www.ohiohighered.org./college-readiness.

(a) Institutions shall use evaluation results as part of their assessment of students readiness to participate in postsecondary coursework. Institutions shall also review as part of their admissions process students high school GPA, end-of-course examination scores, a writing assessment, a review of previous college work, secondary teacher recommendations and other data as applicable.

(b) Classroom placement decisions shall be governed by the institutions policies and applicable state law, regulations and in accordance with section 3365.02 of the Revised Code.

(3) Students admitted by the institution to participate in the college credit plus program are not required to have priority over other students regarding enrollment into courses. However, once a college credit plus student is enrolled into a course, that student shall not be displaced from the course unless the student voluntarily drops the course or fails to meet student conduct rules established by the institution.

(E) Program requirements:

(1) Each institution of higher education admitting and enrolling a student under the college credit plus program shall issue the following:

(a) A pre-term notice of admission to the institution, including the specific course registrations, credit hours, and the student's election of division (A) or (B) of section 3365.06 of the Revised Code, to be sent not later than fourteen calendar days prior to the first day of classes for the term of enrollment if the students enrollment is within fourteen calendar days prior to the first day of classes of the term, then a pre-term notice of admission will be sent upon enrollment to all of the following:

(i) The participant;

(ii) The participants parent; and

(iii) The secondary school of the participant.

(b) A confirmation of course enrollment notice, listing the courses and hours of enrollment, and the option elected by the participant under division (A) or (B) of section 3365.06 of the Revised Code for each course not later than twenty-one calendar days after the first day of classes for a term of enrollment to all of the following:

(i) The participant; and

(ii) The secondary school of the participant.

(c) Information on how a student may participate in the postsecondary institutions course evaluation process upon completion of the college credit plus course.

(2) Each participating institution of higher education shall provide the following academic support services for the college credit plus program:

(a) Assign an academic advisor who is employed by the institution to each student enrolled in that institution under the college credit plus program and ensure the following occur:

(i) Prior to the first day of the term of enrollment at the institution, provide to each participating student the name and contact information of the academic advisor assigned to the student, along with the advisors office hours and meeting scheduling process.

(ii) Have a mandatory meeting between the assigned academic advisor and each student enrolled under the college credit plus program, which shall occur prior to the date on which a withdrawal from a course would negatively affect a participants grade point average. The mandatory meeting, shall include, but not be limited to, information regarding the following:

(a) Academic resources available to assist students;

(b) Availability of the college advisor to assist students after the meeting;

(c) Process for engaging faculty and other campus resources for academic assistance;

(d) Postsecondary institutions student handbook and codes of conduct; and

(e) Academic impact of dropping a course after the prescribed no-fault withdrawal date.

(b) Prior to the first day of the term of enrollment at the institution, each institution of higher education enrolling a student under the college credit plus program shall provide to each school counselor or other identified school staff designated to provide counseling services to students of the secondary school the following information:

(i) A roster of participants from that school who are enrolled in the institution and a list of course enrollment for each participant; and

(ii) The date signifying when withdrawal from a course would negatively affect a participant's grade.

Last updated October 6, 2023 at 1:56 PM

Supplemental Information

Authorized By: 3365.02
Amplifies: 3365.04, 3365.05
Five Year Review Date: 5/10/2026
Rule 3333-1-65.4 | Delivery methods by the institution of higher education for courses under the college credit plus program.
 

In addition to the traditional on-campus instruction offered by an institution of higher education for college level courses, under the college credit plus program an institution may do all of the following:

(A) Provide instruction in college level courses in the secondary school with a secondary teacher if the following are met:

(1) The teacher meets the qualification requirements to be the instructor that are set forth in the guidelines established by the chancellor of the Ohio department of higher education, which are available at ohiohighered.org;

(2) The college credit plus course offered in the secondary school shall follow the same course syllabus and learning outcomes, use the same text book and materials and assessments as the college course delivered on the campus;

(3) The institution of higher education provides all secondary teachers who are teaching at least one college credit plus course with at least one three-hour professional development session per academic year.

The institution of higher education may determine the format and delivery mechanism for each professional development session it provides. If the participating institution provides secondary teachers with professional development using technology, then there must be a manner in place to track secondary teachers participation and elicit teachers feedback, and for the institution to respond to teachers questions;

(4) The institution conducts at least one full-period classroom observation of each college credit plus course taught by each secondary teacher. The oberservation will occur during the first academic year that the secondary teacher instructs the college course, and then each academic year thereafter. The institution may determine its own classroom observation format and whether the observation is on-site at the location of the classroom, partially on-site or uses technology provided the following are met:

(a) The chief academic officer of the institution approves the classroom observation content expert and format;

(b) The higher education observer provides the secondary instructor with any feedback supporting the quality of the college-level course;

(c) The secondary school building administrator is notified at least twenty-four-hours in advance of when each observation is expected to occur; and

(d) If multiple sections of the same course are taught by the same instructor in the same or different secondary buildings, then only one observation is required. If multiple sections of the same course are taught by different instructors in the same or different secondary buildings, then each instructor must be observed in accordance with this rule.

(B) Provide on-line instruction in college level courses if all of the following are met:

(1) The faculty member, who is instructing the course, meets the qualification requirements of the chancellor;

(2) Each individual identified as the faculty member for an on-line course offered by an institution under the college credit plus program, shall do the following activities for the on-line course:

(a) Utilize course content and materials developed by higher education faculty;

(b) Provide course instruction;

(c) Develop course assessments;

(d) Develop course grading criteria; and

(e) Assign the students final grades.

(3) The faculty member instructing the course must be accessible to students and establish a mechanism for students to pose questions and interact with the faculty member in regards to course content and materials;

(4) The faculty member instructing the course may delegate tasks associated with the facilitation of the on-line course to an individual who has been approved by the chief academic officer in accordance with the postsecondary institutions policies, except that the activities listed in paragraph (B)(2) of this rule may not be delegated by the faculty member;

If tasks associated with facilitation of the on-line course are delegated to another individual, then the faculty member and the individual approved to provide facilitation shall interact regularly with regard to the manner and approach for implementing the facilitated activities.

Under no circumstances may facilitation be construed as responsibility for the course; the faculty member maintains responsibility for course instruction and student learning; and

(5) Each college credit plus course offered on-line must be included in the colleges course catalogue.

Last updated October 6, 2023 at 1:56 PM

Supplemental Information

Authorized By: 3365.02
Amplifies: 3365.05
Five Year Review Date: 5/10/2026
Rule 3333-1-65.5 | Data reporting requirements.
 

(A) Pursuant to section 3365.15 of the Revised Code, by July fifteenth of each year, each secondary school and institution of higher education with students enrolled under the college credit plus program shall submit the required data to the chancellor on the form and in the manner prescribed by the chancellor of the Ohio department of higher education and the superintendent of public instruction, jointly.

(1) The chancellor shall post the guidelines and any other pertinent information on the department of higher education's website.

(2) The superintendent shall post the guidelines and any other pertinent information on the department of education website.

(3) If any institution of higher education or secondary school fails to submit required data, the chancellor and the superintendent may: withhold payment to, demand repayment from, suspend the ability to negotiate future alternative funding structure agreements or suspend the institution of higher educations eligibility to continue participating in the program.

The chancellor or the superintendent, whichever is appropriate, shall do the following:

(a) If the decision is to suspend an institution or secondary schools privileges under college credit plus, prior to such suspension, send written notice of noncompliance with a date not less than thirty days in which the institution or secondary school has to submit the data before the suspension goes into effect; and

(b) If the decision is to withhold payment, send written notice of noncompliance stating that funding is being withheld until the school submits the required data.

(B) In addition to the required data submissions under paragraph A of this rule:

(1) Institutions of higher education shall comply with ordinary procedures for data submissions otherwise required by law and for receipt of funding. The chancellor will make efforts to avoid duplication of submission of data where possible; and

(2) Secondary schools shall comply with ordinary procedures for data submissions otherwise required by law and for receipt of funding.

Last updated October 6, 2023 at 1:56 PM

Supplemental Information

Authorized By: 3365.02
Amplifies: 3365.15
Five Year Review Date: 5/10/2026
Prior Effective Dates: 2/17/2015
Rule 3333-1-65.6 | Funding.
 

(A) Default

(1) If an alternative funding structure agreement has not been mutually executed between an institution of higher education and secondary school pursuant to division (A)(2) or (B)(2) of section 3365.07 of the Revised Code, the department of education shall pay an institution of higher education enrolling a student under the college credit plus program the per credit hour amount in accordance with division (A)(1) of section 3365.07 of the Revised Code.

(2) In addition to the per credit hour amount established in paragraph (A)(1) of this rule, the district or secondary school is responsible to provide course text books and materials, and the postsecondary institution must waive all fees related to college credit plus program participation and course enrollment.

(3) If a secondary school fails to submit information or data required for the department to calculate payments under an alternative payment structure, the department shall pay an institution of higher education in accordance with division (A)(1) of section 3365.07 of the Revised Code.

(B) Alternative payment structure agreements under division (A)(2) or (B)(2) of section 3365.07 of the Revised Code

(1) A secondary school and an institution of higher education may enter into an agreement for an alternative payment structure if all are the following are met:

(a) The agreement is executed and made available by the first day of February each year thereafter;

(b) The terms comply with applicable laws and rules;

(c) The terms and duration of an alternative funding structure agreement is for one academic year only and is to be reported during semester submission of enrollment data as specified in paragraph (C)(2) of rule 3333-1-65.7 of the Administrative Code. Provisions related to the charging of students pursuant to division (B)(2) of section 3365.07 of the Revised Code shall not be amended beyond July first of the academic year, unless the parties have agreed to lower or eliminate the participant charge, if any;

(d) The admission process at an institution of higher education, as well as the decision to admit students for purposes of participating in college credit plus, are not contingent on the completion of an alternative payment structure agreement between the secondary and institution;

(e) The terms include a provision that the agreement cannot be used by either party to limit participation of a student in enrolling in courses not part of the agreement;

(f) The per-credit hour rate, including one set below the floor, for each course delivery option identified under the agreement, is applied as a uniform rate to all students subject to the agreement, including summer term;

(g) The agreement includes an attached letter which indicates the institutions board of trustees or equivalent governing authority authorized the terms of the alternative payment structure agreement;

(h) Any amount negotiated by the parties resulting in an amount charged to students must include all costs associated with the program, including but not limited to, textbooks and associated course fees and must not exceed student cost caps pursuant to division (B) of section 3365.07 of the Revised Code; and

(i) If a secondary school student takes a summer course and attends a different secondary school that the student attended the previous spring, then the student becomes subject to the default funding structure, or the alternative funding structure established between the secondary school the student is attending in the fall and the postsecondary institution, for purposes of payment for the summer term credits pursuant to division (F) of section 3365.07 of the Revised Code.

(2) No student considered to be economically disadvantaged shall be charged for anything related to college credit plus participation.

(C) Approval for per credit hour payment below the floor

An institution of higher education may seek approval from the chancellor of the department of higher education to enter into an alternative funding agreement with a secondary school that establishes a per credit hour payment below the floor. An institution seeking approval may apply by the first day of February each year thereafter.

Such agreement must meet the following requirements:

(1) The requirements provided in paragraph (B) of this rule;

(2) Complete an application on the form provided by the chancellor, which will require, but not be limited to, the following information:

(a) Postsecondary institution seeking approval;

(b) The school district partnering with the postsecondary institution;

(c) The proposed amount of the payment below the floor;

(d) The duration of the proposed agreement;

(e) For nonpublic postsecondary institutions partnering with school districts, a signed acknowledgement that information regarding the terms of the funding arrangement have been made accessible to eligible students and parents; and

(f) A declaration of the list of assurances signed by the superintendent of the district or person of equal authority and the president of the institution of higher education, that the alternative payment structure agreement requesting below the default floor per credit hour funding adheres to all statutory and administrative requirements of this chapter. For each year thereafter the assurances required by this paragraph shall be authorized by the institutions board of trustees or equivalent governing authority.

The chancellor shall post the application form and any other pertinent information on the agency website http://www.ohiohighered.org/collegecreditplus.

(3) The chancellors approval of agreements resulting in payments below the default floor shall in no way be construed as limiting a student choice to participate in the college credit plus offerings from another postsecondary institution.

Last updated October 6, 2023 at 1:56 PM

Supplemental Information

Authorized By: 3365.071
Amplifies: 3365.07, 3365.071
Five Year Review Date: 5/10/2026
Prior Effective Dates: 2/17/2015
Rule 3333-1-65.7 | Procedures for an institution of higher education receiving payment from department of education.
 

(A) Except as provided in paragraph (F) of this rule, not later than two weeks after the fifteenth calendar day after the college credit plus course starts, an institution expecting payment on behalf of students enrolled in college credit plus under division (B) of section 3365.06 of the Revised Code, shall provide notice to the department of education with the following information:

(1) The full name of the institution;

(2) The full name of the school district in which the participating student is attending;

(3) The term and year the college credit plus course is being delivered;

(4) The roster date;

(5) The SSID number for each public school student, and the assigned student identification number (i.e., CCPID) for each nonpublic and home school student, enrolled in that institutions college credit plus course as of the fifteenth day of the course;

(6) The college credit plus course number as it appears in the postsecondary institutions published course catalogue;

(7) The number of college credit hours conferred for the course, specifying semester or quarter hours; and

(8) The cost per credit hour to be paid for secondary students enrolled in the institution and participating in the identified college credit plus course, based on:

(a) If the per credit hour rate is the default amount in accordance with division (B) of section 3365.01 of the Revised Code then disclose if:

(i) The course is delivered on the college campus, at another location operated by the college, or online;

(ii) The course is delivered at the secondary school and taught by postsecondary faculty member; or

(iii) The course is delivered at the secondary school and taught by a qualified adjunct instructor who may also be a secondary school teacher.

(b) If the secondary and postsecondary parties agreed to an alternative per credit hour payment structure in accordance with division (A)(2) of section 3365.07 of the Revised Code, then disclose that agreed cost per credit hour.

(B) The department of education shall promptly provide the college submission to the secondary school including summer enrollments in fall submissions.

(C) Not later than forty-five calendar days after the department of education received the college submission, the secondary school shall confirm the accuracy of the information provided by the institution under paragraphs (A)(1) to (A)(8) of this rule or dispute the submission to the department of education with accompanying documentation evidencing the districts or secondary schools position.

(1) The department of education shall promptly provide disputed supporting documents to college.

(2) The college shall respond within ten calendar days.

(3) The chancellor of the department of higher education and the superintendent of public instruction will resolve the matter if the parties cannot resolve the dispute.

(D) If a secondary school does not confirm the accuracy of the information provided by the institution or does not dispute the information within the time allotted, then the information shall be considered accurate as provided by the institution.

(E) The department of education shall make payments to colleges based on their submissions, except for items that are disputed, pursuant to section 3365.07 of the Revised Code.

(F) Not later than two weeks after the start of a summer term course, an institution expecting payment on behalf of students enrolling in a course offered during summer term shall provide to the department of education the information required under paragraph (A) of this rule.

Last updated October 6, 2023 at 1:56 PM

Supplemental Information

Authorized By: 3365.071
Amplifies: 3365.07 , 3365.071
Five Year Review Date: 5/10/2026
Prior Effective Dates: 2/21/2016
Rule 3333-1-65.8 | Allocation for nonpublics, chartered and nonchartered, home-schooled students.
 

(A) For purposes of this rule:

(1) "Allocation unit" shall be defined as no more than four credit hours.

(2) "Nonpublic school student" means a student attending a nonpublic secondary school or a nonchartered nonpublic secondary school.

(3) "Homeschooled student" means a student who has been excused from the compulsory attendance law for the purpose of home instruction under section 3321.04 of the Revised Code.

(B) Nonpublic school students and homeschooled students in grades seven through twelve may participate in the college credit plus program as provided in Chapter 3365. of the Revised Code, upon award of state funding to reimburse the postsecondary institution for college credits under this program.

(C) Each nonpublic school student and homeschooled student who wishes to become a participant in any school year shall send to the Ohio department of education a copy of the student's acceptance from a college and an application, in a form prescribed by the department, to participate in the program. Homeschooled students must also provide a copy of the notification provided by the district superintendent which excuses the student from compulsory attendance. Each year, homeschooled students must submit evidence of good academic standing in college credit plus courses to ensure compliance with paragraph (H) of rule 3333-1-65.13 of the Administrative Code.

(D) Multiple applications from a student shall not be accepted by the department. The application shall include information about the student's proposed participation, including, but not limited to, the following:

(1) The school year in which the student wishes to participate beginning with the summer term; and

(2) The number of total quarter or semester hours the student is requesting for the academic year, up to the maximum number the student is eligible for in accordance with rule 3333-1-65.2 of the Administrative Code, not to exceed thirty semester or forty-five quarter hours.

(E) The department will provide for the electronic submission of applications for the college credit plus program by students enrolled in nonpublic secondary schools and homeschooled during a period established by the department. The department shall mark each application with the date and time of receipt.

(F) The department will calculate the reimbursement amount owed the college as outlined in section 3365.07 of the Revised Code.

(G) The amount paid to each college for each participant enrolled in a participating nonpublic school and homeschooled shall be from money set aside by the general assembly for such purposes from funds appropriated for the purposes of this program.

(H) Applications will be processed in the following manner and order:

(1) All students in grade twelve shall be awarded one allocation unit;

(2) All students in grade eleven shall be awarded one allocation unit;

(3) All students in grade ten shall be awarded one allocation unit;

(4) All students in grade nine shall be awarded one allocation unit;

(5) All students in grade eight shall be awarded one allocation unit; and

(6) All students in grade seven shall be awarded one allocation unit.

(I) When all applicants have been awarded one allocation unit, the department shall make awards in the following manner:

(1) Two allocation units to all students in grade twelve;

(2) One allocation unit to all students in grade eleven; and

(3) One allocation in the order specified in paragraph (H) of this rule continuing until there is not sufficient appropriation to award all applicants in a grade level with one additional allocation unit.

(J) Should there be insufficient funds to award all applicants under paragraph (H)(1) of this rule one allocation unit, the department shall conduct a lottery to determine which students in grade twelve will receive one allocation unit. Under this provision, no student in grade twelve shall receive more than one allocation unit of participation.

(K) The department of education shall notify each applicant not later than five weeks after the close of period noted in paragraph (E) of this rule of the level of approved financial support for the applicant. Each notification shall include the number of semester or quarter hours the applicant was awarded through the process outlined in paragraph (H) of this rule.

(L) If the department determines an applicant is no longer eligible to participate in the program, the applicant's eligibility to participate and award shall be terminated at the conclusion of the applicant's current college grading period. The department shall notify the applicant and the college as soon as practicable that the applicant is not eligible to continue in the program for the remainder of the school year.

(M) In such an instance that a student chooses to enroll in additional courses, which exceed the number units of awarded state funding, then the student can elect option (A) of section 3365.06 of Revised Code. The provisions of division (A) of section 3365.06 of the Revised Code will apply.

(N) If the student chooses to self-pay for course credits beyond the units of awarded state funding available to the student, then the student must pay for the cost of entire course that exceeds the credits awarded at the colleges standard rate of tuition and fees.

Last updated October 6, 2023 at 1:56 PM

Supplemental Information

Authorized By: 3365.071
Amplifies: 3365.071
Five Year Review Date: 5/10/2026
Prior Effective Dates: 2/21/2016
Rule 3333-1-65.9 | JVSD allocation.
 

(A) A city, local, and exempted village district, community school, STEM school, or joint vocational school district (JVSD) must report each student who enrolls in college credit plus, along with other information required on that students enrollment, into the Ohio department of educations education management information system (EMIS).

(B) When a student is enrolled simultaneously in a JVSD and another secondary entity, and the student enrolls in a course governed by college credit plus, the entity that applies the college credit plus course credit toward the students high school graduation requirements or career technical education program of study shall report the students enrollment in the college credit plus course.

(C) The department shall deduct the payment to the college from the entity who reports the college credit plus course enrollment and credit.

Last updated October 6, 2023 at 1:56 PM

Supplemental Information

Authorized By: 3365.071
Amplifies: 3365.071
Five Year Review Date: 5/10/2026
Prior Effective Dates: 2/21/2016
Rule 3333-1-65.10 | Process for waiver.
 

(A) By November first each year, a public or participating nonpublic secondary school or any public or participating private college, including a secondary school and an associated college operating an early college high school program, may submit to the chancellor of the Ohio department of higher education and the superintendent of public instruction a request for a waiver of the requirements of the college credit plus program in accordance with section 3365.10 of the Revised Code. The request for waiver shall be submitted to the chancellor on the form and manner prescribed by the chancellor and superintendent, jointly.

(1) A request for waiver shall contain at a minimum the following information:

(a) Institutions seeking the waiver;

(b) An overview of the innovative programming seeking to be approved;

(c) The underrepresented student subgroup group that is the focus of the request;

(d) The goals of the program;

(e) An explanation of why a waiver is necessary to meet the goals of the innovative program;

(f) The qualifications and academic credentials of the individuals that would be administering and providing instruction in the program;

(g) The metrics that would be used to measure the progress and success of the program; and

(h) The chancellor and superintendent may request additional information from the parties seeking the waiver.

(2) The chancellor shall post additional guidelines and any other pertinent information on the department of higher education's website at http://www. ohiohighered.org.

(3) The superintendent shall post additional guidelines and any other pertinent information on the department of educations website.

(B) A request for waiver submitted after the prescribed deadlines shall not be considered.

(C) A request for waiver approved by the chancellor and superintendent of public instruction shall be in effect for one academic year unless specifically approved for a longer duration.

(D) Decisions to approve request for waiver are at the sole discretion of the chancellor and superintendent of public instruction and are final.

Last updated May 27, 2021 at 9:32 AM

Supplemental Information

Authorized By: 3365.071
Amplifies: 3365.071
Five Year Review Date: 5/14/2026
Rule 3333-1-65.11 | College credit plus summer term eligibility.
 

A student that is scheduled or anticipated to graduate from high school may not participate in the college credit plus program for any term that begins after the students scheduled or anticipated graduation date or any course offered during a summer term at an institution of higher education that begins during the students last quarter of high school. The secondary school enrolling in the fall a student that participated in college credit plus during a summer term shall include on the students high school transcript for that school year the college credit the student earned during the summer.

Last updated October 20, 2023 at 10:08 AM

Supplemental Information

Authorized By: 3365.02
Amplifies: 3365.04, 3365.05
Five Year Review Date: 5/10/2026
Rule 3333-1-65.12 | Course eligibility.
 

(A) This rule applies only to college courses taken under the option prescribed in division (B) of section 3365.06 of the Revised Code.

(B) As used in this rule:

(1) "Transferable course" means any course that is an approved Ohio transfer module (OTM), transfer assurance guide (TAG), or career-technical assurance guide (CTAG) course, or a course at a private institution of higher education that is equivalent to such a course based on the private institutions representation of the course.

(2) "Technical certificate course" means a course that is part of the organized program of study for a technical certificate that is offered by a public institution of higher education and has been designated by the chancellor of higher education as leading to an occupation or special employment opportunity.

(3) "Level I course" means a college course that is any of the following:

(a) A transferable course;

(b) A course in computer science, information technology, anatomy, physiology, or foreign language, including American sign language, that is not eligible to be a transferable course;

(c) A technical certificate course;

(d) A course included in a model pathway developed under section 3365.13 of the Revised Code that a student participating in the college credit plus program elects to pursue;

(e) A course designed to teach study skills and other skills for academic and career success to first-year college students;

(f) An internship course; or

(g) Another course approved by the chancellor under paragraph (H) of this rule.

(4) "Level II course" means a college course that is not a level I course.

(C) Student progression through program

(1) A student participating in the college credit plus program shall complete fifteen semester credit hours of level I courses that may be applied toward a certificate or degree prior to taking a level II course, except as follows:

(a) Upon successful completion of a level I course in a specific subject, a student may take a level II course in the same subject prior to completing the fifteen semester credit hours required by this paragraph;

(b) A student may take a level II course that has a level I course as a prerequisite if the student, in accordance with the course placement guidelines of the institution of higher education in which the student enrolls, has demonstrated by an assessment or other means that the student is academically prepared for the course; or

(c) A student may count an advanced placement or international baccalaureate diploma course completed at the students secondary school toward the fifteen semester credit hours of courses required by this paragraph with evidence that the student attained the required score on an examination covering the coursework. The required score shall be the passing score specified in the standards adopted under section 3333.163 of the Revised Code, in the case of an advanced placement course, or the score specified by the institution of higher education in which the student enrolls that the institution considers sufficient to award college credit for the course, in the case of an international baccalaureate diploma course.

(2) Upon successful completion of fifteen semester credit hours of courses under paragraph (C)(1) of this rule, a student may enroll in a level II course that may be applied toward a certificate or degree.

(D) Non-allowable courses

(1) Except as provided in paragraph (D)(2) of this rule, no payment shall be made to an institution of higher education under section 3365.07 of the Revised Code for a students enrollment in any of the following:

(a) An applied course that involves one-on-one private instruction, including, but not limited to, instruction in instrumental music, voice, or art;

(b) A course for which the fees, as defined in rule 3333-1-65 of the Administrative Code and reported in compliance with section 3345.39 of the Revised Code, exceed an amount established by the chancellor;

(c) A study abroad course or similar course;

(d) A physical education course;

(e) A course that is graded on a pass/fail or satisfactory/unsatisfactory basis rather than using letter grades, except for an internship course. Paragraph (D)(1)(e) of this rule does not apply to a transferable course, as defined in this rule, that is graded on a pass/fail basis for all students enrolled in the course, including students not participating in the college credit plus program.

(f) A remedial or non-college-level course, as prohibited by section 3365.02 of the Revised Code; or

(g) A sectarian course, as prohibited by section 3365.02 of the Revised Code.

(2) If a course described in paragraphs (D)(1)(a) to (D)(1)(e) of this rule is part of a predetermined pathway or required sequence of courses leading to a certificate or degree, an institution of higher education, on behalf of one or more students who are enrolled in the institution through the college credit plus program and have shown progress on that pathway or sequence of courses through their previous coursework, may request the chancellor to allow payment for the course under section 3365.07 of the Revised Code. The institution shall make the request at least six weeks prior to the first day of the term in which a student on whose behalf the request is made would take the course. Upon the request, the chancellor shall require the institution to submit documentation of the program of study for the certificate or degree and any other information determined relevant by the chancellor. Following review of the documentation, the chancellor shall approve or disapprove the course for payment. If the course is approved, the chancellor shall notify the department of education of the approval. Approval of the course for payment shall be valid for all future students showing progress on the applicable pathway or sequence of courses at the institution of higher education, unless the course is later found ineligible for payment under paragraph (G) of this rule.

(E) Student notifications

(1) Each institution of higher education participating in the college credit plus program shall prominently post on its website a list of level I courses in which students may enroll under the program.

(2) Each secondary school, upon receipt of a students pre-term notice of admission pursuant to rule 3333-1-65.3 of the Administrative Code, shall verify that the student is enrolled in an appropriate level of course under paragraph (C) of this rule. If the student is not enrolled in an appropriate level of course, the secondary school shall notify the student and the students parent that the student must either withdraw from the course prior to the institution of higher educations prescribed no-fault withdrawal date or pay all tuition, fees, and textbook costs for the course.

(3) Each secondary school shall include information about eligible college courses in the informational session and counseling services provided under section 3365.04 of the Revised Code. Each academic advisor at an institution of higher education shall include information about eligible college courses in the mandatory meeting with students required under rule 3333-1-65.3 of the Administrative Code.

(4) Each secondary school and institution of higher education in which the schools students are enrolled under the college credit plus program shall work in partnership to ensure that the notifications required by this paragraph are provided as prescribed and in a timely manner.

(F) A home school student participating in the college credit plus program shall be subject to this rule in the same manner as any other participating student, except that the parent of the home school student shall be responsible for verifying that the student is enrolled in an appropriate level of course under paragraph (C) of this rule and that the student is not enrolled in a non-allowable course under paragraph (D) of this rule.

(G) The chancellor may conduct an audit of the courses in which students participating in the college credit plus program are enrolled to ensure that the courses meet the requirements of this rule. The audit may include a review of the equivalency of courses offered by private institutions of higher education to courses approved as Ohio transfer module (OTM), transfer assurance guide (TAG), or career-technical assurance guide (CTAG) courses. If the chancellor finds that any course in which a student was enrolled and for which payment to an institution of higher education was made under section 3365.07 of the Revised Code did not meet the requirements of this rule, the chancellor shall notify the institution that the course is ineligible for payment and the following shall apply:

(1) If the course is ineligible for payment under paragraph (D)(1) of this rule, the institution shall repay the amount received for the students enrollment in the course to the department of education for reconciliation as appropriate;

(2) If the course is ineligible for payment under any part of this rule other than paragraph (D)(1) of this rule, the institution shall not be required to repay the amount received for the students enrollment in the course prior to the date of the chancellors notice. However, if any other student for whom the course is ineligible enrolls in the course after the date of the chancellors notice and the institution receives a payment for that students enrollment in the course, the institution shall repay the amount received to the department of education for reconciliation as appropriate; and

(3) Any student who successfully completed a course found to be ineligible shall be allowed to keep all high school and college credit awarded for the course.

(H) The chancellor annually may approve additional courses as level I courses if the chancellor determines that students participating in the college credit plus program would benefit from having access to those courses as level I courses. Any such approval shall take effect at the start of the following academic year.

Last updated October 6, 2023 at 1:56 PM

Supplemental Information

Authorized By: 3365.06
Amplifies: 3365.06
Five Year Review Date: 5/10/2026
Prior Effective Dates: 2/15/2018
Rule 3333-1-65.13 | Underperforming students.
 

(A) This rule applies only to students who participate in the college credit plus program under the option prescribed in division (B) of section 3365.06 of the Revised Code.

(B) As used in this rule:

(1) "Underperforming student" means a student who meets at least one of the following conditions:

(a) Has a cumulative grade point average of lower than 2.0 in the college courses taken through the college credit plus program; or

(b) Withdraws from, or receives no credit for, two or more courses in the same term.

(2) "Ineligible student" means a student who meets the definition of an underperforming student for two consecutive terms of enrollment.

(C) CCP probation

(1) Each secondary school shall be responsible for placing an underperforming student on CCP probation within the college credit plus program. The school shall promptly notify the student, the students parent, and each institution of higher education in which the student is enrolled of the students status. The school shall advise the student and the students parent on requirements for continuing in the program.

(2) While a student is on CCP probation, the following shall apply:

(a) The student shall enroll in no more than one college course in any term.

(b) The student shall not enroll in a college course in the same subject as a college course in which the student earned a grade of "D" or "F" or for which the student received no credit.

(3) If a student had registered for more than one college course for the next term prior to being placed on CCP probation, the student shall request each applicable institution of higher education to dis-enroll the student from courses as necessary to comply with paragraph (C)(2) of this rule. If the student elects to remain enrolled in one course for the next term, the student shall notify the applicable institution of the course in which the student would like to remain enrolled. The institution shall confirm the course enrollment and all course dis-enrollments in the pre-term notice of admission issued pursuant to rule 3333-1-65.3 of the Administrative Code. In the event the student fails to dis-enroll from courses as required by this division, the secondary school shall promptly notify the student and the students parent that the student shall be responsible for paying all tuition, fees, and textbook costs for courses from which the student was required to dis-enroll and that the student shall be declared an ineligible student and dismissed from the program for the next term under paragraph (D) of this rule.

(4) If a student takes a college course after being placed on CCP probation and the course grade raises the students cumulative grade point average in the students college courses to a 2.0 or higher, the student shall be removed from CCP probation and may participate in the college credit plus program without restrictions, unless the student again becomes subject to this rule. If the student takes a college course while on CCP probation and the course grade does not raise the students cumulative grade point average in the students college courses to a 2.0 or higher, the secondary school shall be responsible for dismissing the student from the program in accordance with paragraph (D) of this rule.

(D) CCP dismissal

(1) Each secondary school shall be responsible for dismissing an ineligible student from the college credit plus program. The school shall promptly notify the student, the students parent, and each institution of higher education in which the student is enrolled of the students dismissal.

(2) A student who has been dismissed from the college credit plus program shall not take any college courses through the program. If the student had registered for any college courses for the next term prior to being dismissed from the program, the student shall request each applicable institution of higher education to dis-enroll the student from those courses. The institution shall confirm all course dis-enrollments in the pre-term notice of admission issued pursuant to rule 3333-1-65.3 of the Administrative Code. In the event the student fails to dis-enroll from courses as required by this paragraph, the secondary school shall promptly notify the student and the students parent that the student shall be responsible for paying all tuition, fees, and textbook costs for courses from which the student was required to dis-enroll and that the students dismissal from the program shall continue for an additional term.

(3) Each secondary school, prior to the start of the summer term in 2018, shall develop a policy that defines the academic progress that a student must achieve to be reinstated to the college credit plus program on CCP probation or without restrictions. The policy shall state that failure to make academic progress as defined in the policy will result in an extension of CCP dismissal. The policy also shall include the procedures for a student to request an appeal of the students status under paragraph (E) of this rule.

(4) After one term of CCP dismissal, a student may request the secondary school to allow the student to participate in the college credit plus program. The school shall review the students full high school and college academic record to determine the students academic progress. The school shall continue the students dismissal, place the student on CCP probation, or allow the student to participate in the program without restrictions in accordance with the schools policy developed under paragraph (D)(3) of this rule. For purposes of this paragraph, summer shall count as a term of dismissal from the program only if the student is enrolled in one or more high school courses during the summer.

(E) Appeals

(1) A student who is dismissed from the college credit plus program, or is prohibited from taking a course in a subject under paragraph (C)(2)(b) of this rule, may appeal the decision to the governing entity of the school, except for a student who is enrolled in a school district, who may appeal the decision to the district superintendent. The governing entity or superintendent shall consider any extenuating circumstances separate from academic performance that may have affected the students CCP status and may do any of the following:

(a) Allow the student to participate in the program without restrictions;

(b) Allow the student to take a course otherwise prohibited by paragraph (C)(2)(b) of this rule;

(c) Allow the student to participate in the program on CCP probation; or

(d) Maintain the students dismissal from the program.

(2) The student shall request an appeal within five business days after being notified of the CCP dismissal or the CCP probation that prohibits the student from taking a course in a subject under paragraph (C)(2)(b) of this rule. The secondary school shall promptly notify any institution of higher education in which the student is enrolled that the student has requested an appeal. The governing entity of the school or the district superintendent, as applicable, shall issue a decision on the students appeal within ten business days after the date the appeal is made. The decision shall be final. The secondary school shall promptly notify any institution of higher education in which the student is enrolled of the decision.

(a) If the decision is to continue the students dismissal and the student is enrolled in an institution of higher education, the institution shall permit the student to withdraw from all courses in which the student is enrolled without penalty and the students secondary school shall not be required to pay for those courses.

(b) If the governing entity or district superintendent fails to issue a decision on the appeal within ten business days after the date the appeal is made and the student is enrolled in an institution of higher education, the institution shall permit the student to withdraw from all courses for which the student is not eligible under this rule without penalty and, if the decision on the appeal is made after the institutions prescribed no-fault withdrawal date, the students secondary school shall pay for those courses.

(F) Each secondary school shall include information about CCP probation and dismissal, including procedures for appeals, in the informational session and counseling services provided under section 3365.04 of the Revised Code.

(G) Each institution of higher education shall designate a staff member to monitor student performance and discuss available resources for assisting students at risk of CCP probation or dismissal.

(H) A home school student participating in the college credit plus program shall be subject to this rule in the same manner as any other participating student, except that the parent of the home school student shall notify each institution of higher education in which the student is enrolled when the student is on CCP probation or CCP dismissal under the program. When the parent submits any subsequent application for funding under the program, the parent shall include documentation specified by the department of education showing the steps the parent took to ensure the parent and the student complied with the requirements of paragraphs (C)(4), (D)(3), and (D)(4) of this rule for reinstatement from probation or dismissal and indicating the reasons for granting any appeal under paragraph (E) of this rule. If the parent does not provide the appropriate documentation, the application shall not be processed. In the event a home school student or the students parent fails to comply with this rule, the department of education shall have the authority to declare the student an ineligible student for purposes of the program or to require the student to pay all tuition, fees, and textbook costs for courses taken through the program during the period of noncompliance.

(I) Nothing in this rule shall alter, supersede, or otherwise be construed to affect any institution of higher educations policies or procedures on academic probation or dismissal. Each student participating in the college credit plus program shall be subject to the academic probation and dismissal policies and procedures of each institution of higher education in which the student is enrolled.

Last updated October 6, 2023 at 1:56 PM

Supplemental Information

Authorized By: 3365.091
Amplifies: 3365.091
Five Year Review Date: 5/10/2026
Prior Effective Dates: 2/15/2018
Rule 3333-1-65.14 | Student eligibility requirements.
 

As used in this rule, "relevant high school course" means a high school course that provides the appropriate academic foundation or career-technical education skills for the college course in which the student intends to enroll, as determined by the applicable institution of higher education.

(A) Criteria for student eligibility

(1) A student is eligible for the "College Credit Plus" program if the student meets any of the following criteria:

(a) Obtains a remediation-free score on one of the standard assessment exams as set forth in paragraph (D)(2) of rule 3333-1-65.3 of the Administrative Code; or

(b) Has a cumulative unweighted high school grade point average of at least 3.00; or

(c) Has a cumulative unweighted high school grade point average of at least 2.75 but less than 3.00 and received an "A" or "B" grade in a relevant high school course.

(2) If a student is seeking to participate under section 3365.033 of the Revised Code and a cumulative unweighted high school grade point average is not available to determine eligibility under paragraph (A)(1)(b) or (A)(1)(c) of this rule, the student is eligible if the student has received an "A" or "B" grade in a relevant high school course.

(B) If a student's grade point average is calculated beyond the hundredths decimal point, the grade point is rounded to the hundredths decimal point for the purpose of determining the student's eligibility to participate in the "College Credit Plus" program under this rule.

Last updated February 14, 2022 at 8:50 AM

Supplemental Information

Authorized By: 3365.02
Amplifies: 3365.03
Five Year Review Date: 2/13/2027
Rule 3333-1-90 | Course and program sharing network.
 

(A) Authority

This rule is adopted under the authority conferred upon the chancellor of higher education by section 3333.90 of the Revised Code

(B) Purpose

The purpose of the course and program sharing network is to increase the availability of courses and programs across the state and to improve the quality and access to education for students as an efficiency practice.

(C) Definitions

(1) "Course and program sharing" means the delivery and management of curriculum offered between two or more institutions of higher education.

(2) "Institution of higher education" means both of the following:

(a) "State institution of higher education" as that term is defined in section 3345.011 of the Revised Code;

(b) Career technical center.

(3) The "home institution" means the institution in which the student will be receiving the degree or certificate the student is pursuing, the articulation of credit, and financial aid.

(4) The "host institution" means the collaborating institution, other than the home institution, in which the student is taking a course or courses as defined in the agreement between the two institutions.

(D) The course and program sharing network consists of courses and programs that institutions are sharing via an agreement between such institutions.

(1) For the purposes of sharing courses and programs, a partnering institution is one that is accredited by an agency recognized by the US department of education or council for higher education accreditation;

(2) Agreements between institutions for the purpose of course and program sharing shall specify the following:

(a) The name of the course(s) or program(s) that are being shared;

(b) How the shared course(s) or program(s) will be governed and managed;

(c) Explanation of how the course(s) or program(s) will be delivered;

(d) How students will enroll into the course or program;

(e) How credit will be articulated between the multiple institutions;

(f) How revenue will be collected, managed and or distributed;

(g) The institution that will report student data to the Ohio department of higher education via the higher education information system.

(3) Institutions of higher education as defined in paragraph (C)(2) of this rule may only report student data once to the department of higher education through the higher education information system for state subsidy purposes.

(E) Institutions that participate in program sharing shall provide guidance to each participating student that includes, but is not limited to, the following:

(1) A point of contact for the program at each participating institution;

(2) A description of the program;

(3) A curriculum map outlining the courses needed to complete the program;

(4) Designation of which institutions will deliver the required courses;

(5) Detailed instructions advising students on the policy and procedures of the collaboration, including, but not limited to, how to enroll, registering for courses, and paying tuition and fees as per the agreement between the participating institutions;

(6) Explanation on how student grade reports will be shared and transcribed amongst the institutions.

(F) Institutions of higher education annually are to provide a list of courses and/or programs they share with other institutions to the department via a form provided by the chancellor.

(G) At the request of the chancellor, institutions of higher education are to provide any agreements for course and program sharing it has entered into with other institutions.

Upon receipt, the chancellor will review the agreements to ensure compliance with this chapter.

Additionally, the department will monitor the higher education information system to verify that a student engaged in sharing a course or program is reported only once for state subsidy purposes.

Last updated May 30, 2023 at 8:32 AM

Supplemental Information

Authorized By: 3333.90
Amplifies: 3333.90
Five Year Review Date: 5/28/2028