This website publishes administrative rules on their effective dates, as designated by the adopting state agencies, colleges, and
universities.
| Rule |
Rule 3333-1-02 | Definition of headcount enrollment and full-time equivalent enrollment, and requirements for higher education data reporting.
Effective:
January 13, 2024
(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
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Rule 3333-1-02.1 | Relationship of enrollment data to state funding of higher education.
Effective:
January 13, 2024
(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
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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.
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Rule 3333-1-04 | Standards and processes for consideration of new undergraduate degrees and new undergraduate programs of study.
Effective:
October 24, 2022
(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 chancellor's standards for
academic programs as outlined in the Ohio department of higher
education's manual, titled "Guidelines and Procedures for Academic
Program Review" and available on the chancellor's 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 Ohio's transfer policy, evidence of workforce need and student
interest, and collaboration, coordination and program duplication. (3) A member of the
chancellor's 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 chancellor's 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 chancellor's review, consider comments from the
chancellor's 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
chancellor's 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
chancellor's 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 chancellor's
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
chancellor's 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 institution's 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 institution's or program's
accreditation, or state licensing approval, in jeopardy. The chancellor or a
member of the chancellor's 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
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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 education's manual, titled "Guidelines and
Procedures for Academic Program Review" and dated August 2,
2016; (d) The manual is available on the chancellor's
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
chancellor's 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 candidate's
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 chancellor's 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 program's 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 chancellor's 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
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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.
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Rule 3333-1-07 | Standards and processes for consideration of new graduate degrees and new graduate programs of study.
Effective:
March 10, 2016
(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 chancellor's standards for
academic programs as outlined in the Ohio department of higher
education's 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
"Chancellor's 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 chancellor's 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
"Chancellor's 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 "Chancellor's 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
institution's or program's 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
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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 education's (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 chancellor's 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 chancellor's 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
institution's 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
chancellor's 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
institution's 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 chancellor's 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
chancellor's 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 chancellor's
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 chancellor's
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 institution's 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 institution's
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 institution's 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 institution's ability to deliver
its programs). The chancellor's 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 chancellor's 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
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Rule 3333-1-09 | Commercial truck driver student aid program.
Effective:
February 14, 2022
(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
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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 Ohio's
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
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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
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Rule 3333-1-10 | Ohio student residency for state subsidy and tuition surcharge purposes.
Effective:
March 24, 2022
(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 filer's internal revenue service tax
filing for the previous tax year. (6) "Residency
Officer" means the person or persons at an institution of higher education
that has the responsibility for determining residency of students under this
rule. (7) "Community
Service Position" shall mean a position volunteering or working
for: (a) VISTA, Americorps, city year, the peace corps, "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
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Rule 3333-1-11 | The "Ohio Academic Scholarship Program" procedures.
Effective:
August 15, 2016
(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
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Rule 3333-1-12 | Rules of compliance for the development of family practice departments and guidelines for distribution.
Effective:
October 24, 2022
(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
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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 education's 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 institution's 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 consultant's 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: | Degree | Base Fee: charged in each instance when an institution seeks to offer its first program at each degree level | Program 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 | | Bachelor's Degree | $3,000 | $3,000 | $5,000 | $1,000 | | Master's 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 education's 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 Request | Fee | Fee for Additional Programs (if the programs are submitted at the same time) | | Change in Degree/Program Names | No Charge | No 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: | Activity | In-State | Out-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: | Degree | Base Fee | Program Review Fee | | Associate | $3,000 | $1,000 | | Bachelor's | $3,000 | $1,000 | | Master's | $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 Type | Annual 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 Type | Annual 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: | Activity | Fee | | 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
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Rule 3333-1-13.1 | Assessment of fees for approval and participation in SARA for Ohio institutions of higher education.
Effective:
December 25, 2020
(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 institution's 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 chancellor's approval and participation in SARA are as follows: | Activity | Less 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 institution's 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 August 27, 2024 at 10:59 AM
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Rule 3333-1-15 | Payment of bond service charges under the state credit enhancement program.
Effective:
August 15, 2016
(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
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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 chancellor's 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
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Rule 3333-1-17 | Rural Practice Incentive Program.
Effective:
January 7, 2024
(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 general's
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
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Rule 3333-1-19 | The selective service registration rule.
Effective:
August 15, 2016
(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
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Rule 3333-1-20 | Procedures to be followed in allocating state support to the Ohio aerospace institute.
Effective:
August 15, 2016
(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
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Rule 3333-1-21 | Action and investment funds.
Effective:
January 13, 2024
(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 chancellor's
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
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Rule 3333-1-22 | Nurse education assistance loan program.
Effective:
December 28, 2023
(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 student's 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 master's of nurse educator's (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 state's 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 applicant's
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
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Rule 3333-1-23 | To approve or disapprove the creation of service districts in Ohio for two-year campuses.
Effective:
August 15, 2016
(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
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Rule 3333-1-24 | Local administration of capital projects receiving over four million dollars in state capital appropriations.
Effective:
January 13, 2024
(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
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Rule 3333-1-27 | Membership and participation in OhioLink.
Effective:
August 15, 2016
(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
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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.
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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.
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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.
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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
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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
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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
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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
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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
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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
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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 chancellor's 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 vendor's 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 chancellor's reasonable costs to review its
submission, including but not limited to, the chancellor's costs to
administer the process and the actual costs of any consultant evaluating the
submission.
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Rule 3333-1-61 | Choose Ohio first scholarship program.
Effective:
January 13, 2024
(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 state's 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 chancellor's 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 chancellor's 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 chancellor's 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 chancellor's staff will assign a project administrator who
will work with the institution throughout the duration of the project. The
chancellor's 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 chancellor's 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
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Rule 3333-1-63 | Co-op/internship program.
Effective:
August 13, 2020
(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.
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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
student's 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
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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 school's
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 student's 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 student's 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 student's 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 student's prior and new secondary school of
such transfer. (g) Information
communicated regarding a student's 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 student's
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
program's 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
student's 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
institution's participation in the college credit plus program and
criteria for student participation in the program shall be posted on the
institution's 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
college's census date.
Last updated October 6, 2023 at 1:56 PM
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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 student's 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 student's
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 student's 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 college's standard tuition and fees
or chancellor approved tuition waiver amount. If the student is not properly
informed of the student's 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 student's 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 student's 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 student's 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.
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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 education's 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 education's 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 institution's 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
institution's 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 student's 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
participant's 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 institution's 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 advisor's 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 participant's 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
institution's 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.
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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 institution's 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 college's course
catalogue.
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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 education's 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 school's 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.
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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
institution's 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
institution's 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
chancellor's 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.
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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
institution's 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 institution's
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 district's or secondary school's
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.
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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 college's standard rate of tuition and
fees.
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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 student's enrollment, into the Ohio
department of education's 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 student's high school
graduation requirements or career technical education program of study shall
report the student's 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.
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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 education's 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
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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 student's scheduled or
anticipated graduation date or any course offered during a summer term at an
institution of higher education that begins during the student's 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 student's 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
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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 institution's
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 student's 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
student's 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 student's 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 student's parent that the student
must either withdraw from the course prior to the institution of higher
education's 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 school's 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 student's 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 student's enrollment in the course prior to the date of
the chancellor's notice. However, if any other student for whom the
course is ineligible enrolls in the course after the date of the
chancellor's notice and the institution receives a payment for that
student's 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
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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 student's parent, and each institution of higher education
in which the student is enrolled of the student's status. The school
shall advise the student and the student's 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 student's 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 student's cumulative grade point average in the student's
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 student's cumulative grade point average in the
student's 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
student's parent, and each institution of higher education in which the
student is enrolled of the student's 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 student's 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's 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
student's 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
student's full high school and college academic record to determine the
student's academic progress. The school shall continue the
student's dismissal, place the student on CCP probation, or allow the
student to participate in the program without restrictions in accordance with
the school's 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 student's 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 student's 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 student's 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 student's 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 student's 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 institution's
prescribed no-fault withdrawal date, the student's 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
student's 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
education's 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
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Rule 3333-1-65.14 | Student eligibility requirements.
Effective:
February 13, 2022
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
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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
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