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

(2) This rule is adopted under authority conferred upon the 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.

Effective: 12/18/2010
R.C. 119.032 review dates: 07/20/2010 and 12/18/2015
Promulgated Under: 111.15
Statutory Authority: 3333.04
Rule Amplifies: 3354.02 , 3357.02 , 3358.02
Prior Effective Dates: 4/5/1999