3333.12 Instructional grant program.

(A) As used in this section:

(1) "Eligible student" means an undergraduate student who is:

(a) An Ohio resident enrolled in an undergraduate program before the 2006-2007 academic year;

(b) Enrolled in either of the following:

(i) An accredited institution of higher education in this state that meets the requirements of Title VI of the Civil Rights Act of 1964 and is state-assisted, is nonprofit and has a certificate of authorization pursuant to Chapter 1713. of the Revised Code, has a certificate of registration from the state board of career colleges and schools and program authorization to award an associate or bachelor's degree, or is a private institution exempt from regulation under Chapter 3332. of the Revised Code as prescribed in section 3333.046 of the Revised Code. Students who attend an institution that holds a certificate of registration shall be enrolled in a program leading to an associate or bachelor's degree for which associate or bachelor's degree program the institution has program authorization issued under section 3332.05 of the Revised Code.

(ii) A technical education program of at least two years duration sponsored by a private institution of higher education in this state that meets the requirements of Title VI of the Civil Rights Act of 1964.

(c) Enrolled as a full-time student or enrolled as a less than full-time student for the term expected to be the student's final term of enrollment and is enrolled for the number of credit hours necessary to complete the requirements of the program in which the student is enrolled.

(2) "Gross income" includes all taxable and nontaxable income of the parents, the student, and the student's spouse, except income derived from an Ohio academic scholarship, income earned by the student between the last day of the spring term and the first day of the fall term, and other income exclusions designated by the chancellor of the Ohio board of regents. Gross income may be verified to the chancellor by the institution in which the student is enrolled using the federal financial aid eligibility verification process or by other means satisfactory to the chancellor.

(3) "Resident," "full-time student," "dependent," "financially independent," and "accredited" shall be defined by rules adopted by the chancellor.

(B) The chancellor shall establish and administer an instructional grant program and may adopt rules to carry out this section. The general assembly shall support the instructional grant program by such sums and in such manner as it may provide, but the chancellor may also receive funds from other sources to support the program. If the amounts available for support of the program are inadequate to provide grants to all eligible students, preference in the payment of grants shall be given in terms of income, beginning with the lowest income category of gross income and proceeding upward by category to the highest gross income category. An instructional grant shall be paid to an eligible student through the institution in which the student is enrolled, except that no instructional grant shall be paid to any person serving a term of imprisonment. Applications for such grants shall be made as prescribed by the chancellor, and such applications may be made in conjunction with and upon the basis of information provided in conjunction with student assistance programs funded by agencies of the United States government or from financial resources of the institution of higher education. The institution shall certify that the student applicant meets the requirements set forth in divisions (A)(1)(b) and (c) of this section. Instructional grants shall be provided to an eligible student only as long as the student is making appropriate progress toward a nursing diploma or an associate or bachelor's degree. No student shall be eligible to receive a grant for more than ten semesters, fifteen quarters, or the equivalent of five academic years. A grant made to an eligible student on the basis of less than full-time enrollment shall be based on the number of credit hours for which the student is enrolled and shall be computed in accordance with a formula adopted by the chancellor. No student shall receive more than one grant on the basis of less than full-time enrollment. An instructional grant shall not exceed the total instructional and general charges of the institution.

(C) The tables in this division prescribe the maximum grant amounts covering two semesters, three quarters, or a comparable portion of one academic year. Grant amounts for additional terms in the same academic year shall be determined under division (D) of this section. For a full-time student who is a dependent and enrolled in a nonprofit educational institution that is not a state-assisted institution and that has a certificate of authorization issued pursuant to Chapter 1713. of the Revised Code, the amount of the instructional grant for two semesters, three quarters, or a comparable portion of the academic year shall be determined in accordance with the following table: Private Institution Table of Grants Maximum Grant $5,466

Gross Income Number of Dependents 1 2 3 4 5 or more

$0 - $15,000 $5,466 $5,466 $5,466 $5,466 $5,466

$15,001 - $16,000 4,920 5,466 5,466 5,466 5,466

$16,001 - $17,000 4,362 4,920 5,466 5,466 5,466

$17,001 - $18,000 3,828 4,362 4,920 5,466 5,466

$18,001 - $19,000 3,288 3,828 4,362 4,920 5,466

$19,001 - $22,000 2,736 3,288 3,828 4,362 4,920

$22,001 - $25,000 2,178 2,736 3,288 3,828 4,362

$25,001 - $28,000 1,626 2,178 2,736 3,288 3,828

$28,001 - $31,000 1,344 1,626 2,178 2,736 3,288

$31,001 - $32,000 1,080 1,344 1,626 2,178 2,736

$32,001 - $33,000 984 1,080 1,344 1,626 2,178

$33,001 - $34,000 888 984 1,080 1,344 1,626

$34,001 - $35,000 444 888 984 1,080 1,344

$35,001 - $36,000 -- 444 888 984 1,080

$36,001 - $37,000 -- -- 444 888 984

$37,001 - $38,000 -- -- -- 444 888

$38,001 - $39,000 -- -- -- -- 444 For a full-time student who is financially independent and enrolled in a nonprofit educational institution that is not a state-assisted institution and that has a certificate of authorization issued pursuant to Chapter 1713. of the Revised Code, the amount of the instructional grant for two semesters, three quarters, or a comparable portion of the academic year shall be determined in accordance with the following table: Private Institution Table of Grants Maximum Grant $5,466

Gross Income Number of Dependents 0 1 2 3 4 5 or more

$0 - $4,800 $5,466 $5,466 $5,466 $5,466 $5,466 $5,466

$4,801 - $5,300 4,920 5,466 5,466 5,466 5,466 5,466

$5,301 - $5,800 4,362 5,196 5,466 5,466 5,466 5,466

$5,801 - $6,300 3,828 4,914 5,196 5,466 5,466 5,466

$6,301 - $6,800 3,288 4,650 4,914 5,196 5,466 5,466

$6,801 - $7,300 2,736 4,380 4,650 4,914 5,196 5,466

$7,301 - $8,300 2,178 4,104 4,380 4,650 4,914 5,196

$8,301 - $9,300 1,626 3,822 4,104 4,380 4,650 4,914

$9,301 - $10,300 1,344 3,546 3,822 4,104 4,380 4,650

$10,301 - $11,8001,080 3,408 3,546 3,822 4,104 4,380

$11,801 - $13,300984 3,276 3,408 3,546 3,822 4,104

$13,301 - $14,800888 3,228 3,276 3,408 3,546 3,822

$14,801 - $16,300444 2,904 3,228 3,276 3,408 3,546

$16,301 - $19,300-- 2,136 2,628 2,952 3,276 3,408

$19,301 - $22,300-- 1,368 1,866 2,358 2,676 3,000

$22,301 - $25,300-- 1,092 1,368 1,866 2,358 2,676

$25,301 - $30,300-- 816 1,092 1,368 1,866 2,358

$30,301 - $35,300-- 492 540 672 816 1,314 For a full-time student who is a dependent and enrolled in an educational institution that holds a certificate of registration from the state board of career colleges and schools or a private institution exempt from regulation under Chapter 3332. of the Revised Code as prescribed in section 3333.046 of the Revised Code, the amount of the instructional grant for two semesters, three quarters, or a comparable portion of the academic year shall be determined in accordance with the following table: Career Institution Table of Grants Maximum Grant $4,632

Gross Income Number of Dependents 1 2 3 4 5 or more

$0 - $15,000 $4,632 $4,632 $4,632 $4,632 $4,632

$15,001 - $16,000 4,182 4,632 4,632 4,632 4,632

$16,001 - $17,000 3,684 4,182 4,632 4,632 4,632

$17,001 - $18,000 3,222 3,684 4,182 4,632 4,632

$18,001 - $19,000 2,790 3,222 3,684 4,182 4,632

$19,001 - $22,000 2,292 2,790 3,222 3,684 4,182

$22,001 - $25,000 1,854 2,292 2,790 3,222 3,684

$25,001 - $28,000 1,416 1,854 2,292 2,790 3,222

$28,001 - $31,000 1,134 1,416 1,854 2,292 2,790

$31,001 - $32,000 906 1,134 1,416 1,854 2,292

$32,001 - $33,000 852 906 1,134 1,416 1,854

$33,001 - $34,000 750 852 906 1,134 1,416

$34,001 - $35,000 372 750 852 906 1,134

$35,001 - $36,000 -- 372 750 852 906

$36,001 - $37,000 -- -- 372 750 852

$37,001 - $38,000 -- -- -- 372 750

$38,001 - $39,000 -- -- -- -- 372 For a full-time student who is financially independent and enrolled in an educational institution that holds a certificate of registration from the state board of career colleges and schools or a private institution exempt from regulation under Chapter 3332. of the Revised Code as prescribed in section 3333.046 of the Revised Code, the amount of the instructional grant for two semesters, three quarters, or a comparable portion of the academic year shall be determined in accordance with the following table: Career Institution Table of Grants Maximum Grant $4,632

Gross Income Number of Dependents 0 1 2 3 4 5 or more

$0 - $4,800 $4,632 $4,632 $4,632 $4,632 $4,632 $4,632

$4,801 - $5,300 4,182 4,632 4,632 4,632 4,632 4,632

$5,301 - $5,800 3,684 4,410 4,632 4,632 4,632 4,632

$5,801 - $6,300 3,222 4,158 4,410 4,632 4,632 4,632

$6,301 - $6,800 2,790 3,930 4,158 4,410 4,632 4,632

$6,801 - $7,300 2,292 3,714 3,930 4,158 4,410 4,632

$7,301 - $8,300 1,854 3,462 3,714 3,930 4,158 4,410

$8,301 - $9,300 1,416 3,246 3,462 3,714 3,930 4,158

$9,301 - $10,300 1,134 3,024 3,246 3,462 3,714 3,930

$10,301 - $11,800906 2,886 3,024 3,246 3,462 3,714

$11,801 - $13,300852 2,772 2,886 3,024 3,246 3,462

$13,301 - $14,800750 2,742 2,772 2,886 3,024 3,246

$14,801 - $16,300372 2,466 2,742 2,772 2,886 3,024

$16,301 - $19,300-- 1,800 2,220 2,520 2,772 2,886

$19,301 - $22,300-- 1,146 1,584 1,986 2,268 2,544

$22,301 - $25,300-- 930 1,146 1,584 1,986 2,268

$25,301 - $30,300-- 708 930 1,146 1,584 1,986

$30,301 - $35,300-- 426 456 570 708 1,116 For a full-time student who is a dependent and enrolled in a state-assisted educational institution, the amount of the instructional grant for two semesters, three quarters, or a comparable portion of the academic year shall be determined in accordance with the following table: Public Institution Table of Grants Maximum Grant $2,190

Gross Income Number of Dependents 1 2 3 4 5 or more

$0 - $15,000 $2,190 $2,190 $2,190 $2,190 $2,190

$15,001 - $16,000 1,974 2,190 2,190 2,190 2,190

$16,001 - $17,000 1,740 1,974 2,190 2,190 2,190

$17,001 - $18,000 1,542 1,740 1,974 2,190 2,190

$18,001 - $19,000 1,320 1,542 1,740 1,974 2,190

$19,001 - $22,000 1,080 1,320 1,542 1,740 1,974

$22,001 - $25,000 864 1,080 1,320 1,542 1,740

$25,001 - $28,000 648 864 1,080 1,320 1,542

$28,001 - $31,000 522 648 864 1,080 1,320

$31,001 - $32,000 420 522 648 864 1,080

$32,001 - $33,000 384 420 522 648 864

$33,001 - $34,000 354 384 420 522 648

$34,001 - $35,000 174 354 384 420 522

$35,001 - $36,000 -- 174 354 384 420

$36,001 - $37,000 -- -- 174 354 384

$37,001 - $38,000 -- -- -- 174 354

$38,001 - $39,000 -- -- -- -- 174 For a full-time student who is financially independent and enrolled in a state-assisted educational institution, the amount of the instructional grant for two semesters, three quarters, or a comparable portion of the academic year shall be determined in accordance with the following table: Public Institution Table of Grants Maximum Grant $2,190

Gross Income Number of Dependents 0 1 2 3 4 5 or more

$0 - $4,800 $2,190 $2,190 $2,190 $2,190 $2,190 $2,190

$4,801 - $5,300 1,974 2,190 2,190 2,190 2,190 2,190

$5,301 - $5,800 1,740 2,082 2,190 2,190 2,190 2,190

$5,801 - $6,300 1,542 1,968 2,082 2,190 2,190 2,190

$6,301 - $6,800 1,320 1,866 1,968 2,082 2,190 2,190

$6,801 - $7,300 1,080 1,758 1,866 1,968 2,082 2,190

$7,301 - $8,300 864 1,638 1,758 1,866 1,968 2,082

$8,301 - $9,300 648 1,530 1,638 1,758 1,866 1,968

$9,301 - $10,300 522 1,422 1,530 1,638 1,758 1,866

$10,301 - $11,800 420 1,356 1,422 1,530 1,638 1,758

$11,801 - $13,300 384 1,308 1,356 1,422 1,530 1,638

$13,301 - $14,800 354 1,290 1,308 1,356 1,422 1,530

$14,801 - $16,300 174 1,164 1,290 1,308 1,356 1,422

$16,301 - $19,300 -- 858 1,050 1,182 1,308 1,356

$19,301 - $22,300 -- 540 750 948 1,062 1,200

$22,301 - $25,300 -- 432 540 750 948 1,062

$25,301 - $30,300 -- 324 432 540 750 948

$30,301 - $35,300 -- 192 210 264 324 522

(D) For a full-time student enrolled in an eligible institution for a semester or quarter in addition to the portion of the academic year covered by a grant determined under division (C) of this section, the maximum grant amount shall be a percentage of the maximum prescribed in the applicable table of that division. The maximum grant for a fourth quarter shall be one-third of the maximum amount prescribed under that division. The maximum grant for a third semester shall be one-half of the maximum amount prescribed under that division.

(E) No grant shall be made to any student in a course of study in theology, religion, 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.

(F)

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

(2) Division (F)(1) of this section does not apply to the following:

(a) Any student enrolled in an institution that under the federal law appeals its loss of eligibility for federal financial aid and the United States secretary of education determines its cohort default rate after recalculation is lower than the rate specified in division (F)(1) of this section or the secretary determines due to mitigating circumstances the institution may continue to participate in federal financial aid programs. The chancellor shall adopt rules requiring institutions to provide information regarding an appeal to the chancellor.

(b) Any student who has previously received a grant under this section who meets all other requirements of this section.

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

(4) A student's attendance at an institution whose students lose eligibility for grants under division (F)(1) of this section shall not affect that student's eligibility to receive a grant when enrolled in another institution.

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

Effective Date: 09-26-2003; 09-29-2005; 2007 HB2 05-15-2007