Bill Text: OH HB423 | 2009-2010 | 128th General Assembly | Introduced

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Bill Title: To create the Industry Sector Strategy Training Program, to require the awarding of academic credit to individuals who complete the program, and to require the Department of Job and Family Services to streamline core services provided under the federal Workforce Investment Act.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2010-01-27 - To Economic Development [HB423 Detail]

Download: Ohio-2009-HB423-Introduced.html

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As Introduced

128th General Assembly Regular Session 2009-2010

H. B. No. 423

Representative Williams, S. 

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A BILL

To amend sections 3333.122, 3333.20, and 6301.02 and

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to enact section 3333.91 of the Revised Code to

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create the Industry Sector Strategy Training

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Program, to require the awarding of academic

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credit to individuals who complete the program,

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and to require the Department of Job and Family

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Services to streamline core services provided

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under the federal Workforce Investment Act.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section 1. That sections 3333.122, 3333.20, and 6301.02 be	9
amended and section 3333.91 of the Revised Code be enacted to read	10
as follows:	11

Sec. 3333.122.  (A) The chancellor of the Ohio board of	12
regents shall adopt rules to carry out this section and as	13
authorized under section 3333.123 of the Revised Code. The rules	14
shall include definitions of the terms "resident," "expected	15
family contribution," "full-time student," "three-quarters-time	16
student," "half-time student," "one-quarter-time student," "state	17
cost of attendance," and "accredited" for the purpose of those	18
sections.	19

(B) Only an Ohio resident who meets both of the following is	20
eligible for a grant awarded under this section:	21

(1) The resident has an expected family contribution of two	22
thousand one hundred ninety dollars or less;	23

(2) The resident enrolls in one of the following:

24

(a) An undergraduate program, or a nursing diploma program	25
approved by the board of nursing under division (A)(5) of	26
section 4723.06 of the Revised Code, at a state-assisted state	27
institution of higher education, as defined in section 3345.12	28
of the Revised Code, that meets the requirements of Title VI of	29
the Civil Rights Act of 1964;. For purposes of division (B)(2)(a)	30
of this section, enrollment in an undergraduate program shall	31
include enrollment in a training program approved under section	32
3333.91 of the Revised Code.	33

(b) An undergraduate program, or a nursing diploma program	34
approved by the board of nursing under division (A)(5) of section	35
4723.06 of the Revised Code, at a private, nonprofit institution	36
in this state holding a certificate of authorization pursuant to	37
Chapter 1713. of the Revised Code;	38

(c) An undergraduate program, or a nursing diploma program	39
approved by the board of nursing under division (A)(5) of section	40
4723.06 of the Revised Code, at a career college in this state	41
that holds a certificate of registration from the state board of	42
career colleges and schools under Chapter 3332. of the Revised	43
Code or at a private institution exempt from regulation under	44
Chapter 3332. of the Revised Code as prescribed in section	45
3333.046 of the Revised Code, if the program has a certificate of	46
authorization pursuant to Chapter 1713. of the Revised Code.	47

(C)(1) The chancellor shall establish and administer a	48
needs-based financial aid grants program based on the United	49
States department of education's method of determining financial	50
need. The program shall be known as the Ohio college	51
opportunity grant program. The general assembly shall support	52
the needs-based financial aid program by such sums and in such	53
manner as it may provide, but the chancellor also may receive	54
funds from other sources to support the program. If, for any	55
academic year, the amounts available for support of the program	56
are inadequate to provide grants to all eligible students, the	57
chancellor shall do one of the following:	58

(a) Give preference in the payment of grants based upon	59
expected family contribution, beginning with the lowest expected	60
family contribution category and proceeding upward by category	61
to the highest expected family contribution category;	62

(b) Proportionately reduce the amount of each grant to be	63
awarded for the academic year under this section;	64

(c) Use an alternate formula for such grants that addresses	65
the shortage of available funds and has been submitted to and	66
approved by the controlling board.	67

(2) The needs-based financial aid grant shall be paid to the	68
eligible student through the institution in which the student is	69
enrolled, except that no needs-based financial aid grant shall be	70
paid to any person serving a term of imprisonment. Applications	71
for the grants shall be made as prescribed by the chancellor, and	72
such applications may be made in conjunction with and upon the	73
basis of information provided in conjunction with student	74
assistance programs funded by agencies of the United States	75
government or from financial resources of the institution of	76
higher education. The institution shall certify that the student	77
applicant meets the requirements set forth in division (B) of this	78
section. Needs-based financial aid grants shall be provided to	79
an eligible student only as long as the student is making	80
appropriate progress toward a nursing diploma or, an associate	81
or bachelor's degree, or a regionally developed	82
industry-recognized credential under section 3333.91 of the	83
Revised Code. No student shall be eligible to receive a grant	84
for more than ten semesters, fifteen quarters, or the	85
equivalent of five academic years. A grant made to an eligible	86
student on the basis of less than full-time enrollment shall be	87
based on the number of credit hours for which the student is	88
enrolled and shall be computed in accordance with a formula	89
adopted by rule issued by the chancellor. No student shall	90
receive more than one grant on the basis of less than full-time	91
enrollment.	92

(D)(1) Except as provided in division (D)(4) of this	93
section, no grant awarded under this section shall exceed the	94
total state cost of attendance.	95

(2) Subject to divisions (D)(1), (3), and (4) of this	96
section, the amount of a grant awarded to a student under this	97
section shall equal the student's remaining state cost of	98
attendance after the student's Pell grant and expected family	99
contribution are applied to the instructional and general charges	100
for the undergraduate program. However, for students enrolled in	101
a state university or college as defined in section 3345.12 of	102
the Revised Code or a university branch, the chancellor may	103
provide that the grant amount shall equal the student's	104
remaining instructional and general charges for the	105
undergraduate program after the student's Pell grant and expected	106
family contribution have been applied to those charges, but, in	107
no case, shall the grant amount for such a student exceed any	108
maximum that the chancellor may set by rule.	109

(3) For a student enrolled for a semester or quarter in	110
addition to the portion of the academic year covered by a grant	111
under this section, the maximum grant amount shall be a percentage	112
of the maximum specified in any table established in rules	113
adopted by the chancellor as provided in division (A) of this	114
section. The maximum grant for a fourth quarter shall be one-third	115
of the maximum amount so prescribed. The maximum grant for a	116
third semester shall be one-half of the maximum amount so	117
prescribed.	118

(4) If a student is enrolled in a two-year institution of	119
higher education and is eligible for an education and training	120
voucher through the Ohio education and training voucher program	121
that receives federal funding under the John H. Chafee foster care	122
independence program, 42 U.S.C. 677, the amount of a grant awarded	123
under this section may exceed the total state cost of attendance	124
to additionally cover housing costs.	125

(E) No grant shall be made to any student in a course of	126
study in theology, religion, or other field of preparation for a	127
religious profession unless such course of study leads to an	128
accredited bachelor of arts, bachelor of science, associate of	129
arts, or associate of science degree.	130

(F)(1) Except as provided in division (F)(2) of this section,	131
no grant shall be made to any student for enrollment during a	132
fiscal year in an institution with a cohort default rate	133
determined by the United States secretary of education pursuant	134
to the "Higher Education Amendments of 1986," 100 Stat. 1278,	135
1408, 20 U.S.C.A. 1085, as amended, as of the fifteenth day of	136
June preceding the fiscal year, equal to or greater than thirty	137
per cent for each of the preceding two fiscal years.	138

(2) Division (F)(1) of this section does not apply in the	139
case of either of the following:	140

(a) The institution pursuant to federal law appeals its	141
loss of eligibility for federal financial aid and the United	142
States secretary of education determines its cohort default rate	143
after recalculation is lower than the rate specified in division	144
(F)(1) of this section or the secretary determines due to	145
mitigating circumstances that the institution may continue to	146
participate in federal financial aid programs. The chancellor	147
shall adopt rules requiring any such appellant to provide	148
information to the chancellor regarding an appeal.	149

(b) Any student who has previously received a grant pursuant	150
to any provision of this section, including prior to the	151
section's amendment by Am. Sub. H.B. 1 of the 128th general	152
assembly, effective July 17, 2009, and who meets all other	153
eligibility requirements of this section.	154

(3) The chancellor shall adopt rules for the notification of	155
all institutions whose students will be ineligible to participate	156
in the grant program pursuant to division (F)(1) of this	157
section.	158

(4) A student's attendance at any institution whose students	159
are ineligible for grants due to division (F)(1) of this section	160
shall not affect that student's eligibility to receive a grant	161
when enrolled in another institution.	162

(G) Institutions of higher education that enroll students	163
receiving needs-based financial aid grants under this section	164
shall report to the chancellor all students who have received	165
such needs-based financial aid grants but are no longer eligible	166
for all or part of those grants and shall refund any moneys due	167
the state within thirty days after the beginning of the quarter	168
or term immediately following the quarter or term in which the	169
student was no longer eligible to receive all or part of the	170
student's grant. There shall be an interest charge of one per	171
cent per month on all moneys due and payable after such	172
thirty-day period. The chancellor shall immediately notify the	173
office of budget and management and the legislative service	174
commission of all refunds so received.	175

Sec. 3333.20.  (A) The chancellor of the Ohio board of	176
regents shall adopt educational service standards that shall apply	177
to all community colleges, university branches, technical	178
colleges, and state community colleges established under Chapters	179
3354., 3355., 3357., and 3358. of the Revised Code, respectively.	180
These standards shall provide for such institutions to offer or	181
demonstrate at least the following:	182

(1) An appropriate range of career or technical programs	183
designed to prepare individuals for employment in specific careers	184
at the technical or paraprofessional level;. The standards shall	185
require community colleges and state community colleges to award	186
credit for successful completion of a training program approved	187
under section 3333.91 of the Revised Code and to apply that	188
credit toward an associate degree in a related field.	189

(2) Commitment to an effective array of developmental	190
education services providing opportunities for academic skill	191
enhancement;	192

(3) Partnerships with industry, business, government, and	193
labor for the retraining of the workforce and the economic	194
development of the community;	195

(4) Noncredit continuing education opportunities;

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(5) College transfer programs or the initial two years of a	197
baccalaureate degree for students planning to transfer to	198
institutions offering baccalaureate programs;	199

(6) Linkages with high schools to ensure that graduates are	200
adequately prepared for post-secondary instruction;	201

(7) Student access provided according to a convenient	202
schedule and program quality provided at an affordable price;	203

(8) That student fees charged by any institution are as low	204
as possible, especially if the institution is being supported by a	205
local tax levy;	206

(9) A high level of community involvement in the	207
decision-making process in such critical areas as course delivery,	208
range of services, fees and budgets, and administrative personnel.	209

(B) The chancellor shall consult with representatives of	210
state-assisted colleges and universities, as defined in section	211
3333.041 of the Revised Code, in developing appropriate methods	212
for achieving or maintaining the standards adopted pursuant to	213
division (A) of this section.	214

(C) In considering institutions that are co-located, the	215
chancellor shall apply the standards to them in two manners:	216

(1) As a whole entity;

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(2) As separate entities, applying the standards separately	218
to each.	219

When distributing any state funds among institutions based on	220
the degree to which they meet the standards, the chancellor shall	221
provide to institutions that are co-located the higher amount	222
produced by the two judgments under divisions (C)(1) and (2) of	223
this section.	224

Sec. 3333.91.  (A) There is hereby created the industry	225
sector strategy training program. The chancellor of the Ohio board	226
of regents shall meet with each industry operating within this	227
state to develop regionally developed credentials for each	228
respective industry based on industry sector strategies for high	229
demand jobs or for employers who can demonstrate a defined need	230
for defined employment. The chancellor shall use statistics	231
produced by the bureau of labor market information within the	232
department of job and family services to determine which jobs are	233
considered high demand jobs.	234

(B) An employer who develops a training program based on the	235
sector strategies developed under division (A) of this section may	236
submit the training program to the chancellor for approval. The	237
chancellor shall approve the plan if all of the following are	238
satisfied:	239

(1) The training program submitted by the employer fits the	240
industry sector strategy program established under division (A) of	241
this section for the industry in which the employer is a member.	242

(2) The employer demonstrates either of the following:

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(a) The training program will be used to train individuals in	244
a field that is in high demand as determined by the bureau of	245
labor market information within the department of job and family	246
services;	247

(b) The employer has a defined need for defined employment	248
that will result in individuals being employed by that employer	249
for that need.	250

(3) Upon successful completion of the training program, an	251
individual will have obtained the regionally developed credentials	252
the program is designed to impart.	253

(C) An individual who wishes to participate in an employer	254
training program approved under division (B) of this section may	255
use funding provided under the "Workforce Investment Act of 1998,"	256
112 Stat. 936, 29 U.S.C. 2801, as amended, or other financial aid	257
available to the individual. If the individual is unable to secure	258
financial aid, the individual may apply for and use funding	259
available under the Ohio college opportunity grant program created	260
in section 3333.122 of the Revised Code. To be eligible to receive	261
funding from the grant program, the individual shall demonstrate	262
that the individual was unable to secure funding from other	263
sources in addition to satisfying the requirements for eligibility	264
specified in division (B) of section 3333.122 of the Revised Code.	265

(D) An individual who successfully completes a training	266
program approved under division (B) of this section may apply for	267
credit toward an associate's degree available through a community	268
college or a state community college. If an individual applies for	269
such credit, the community college or state community college	270
shall award that credit in accordance with section 3333.20 of the	271
Revised Code.	272

Sec. 6301.02.  The director of job and family services shall	273
administer the "Workforce Investment Act of 1998," 112 Stat. 936,	274
29 U.S.C.A. 2801, as amended, the "Wagner-Peyser Act," 48 Stat.	275
113 (1933), 29 U.S.C.A. 49, as amended, and the funds received	276
pursuant to those acts. In administering those acts and funds	277
received pursuant to those acts, the director shall establish and	278
administer a workforce development system that is designed to	279
provide leadership, support, and oversight to locally designed	280
workforce development and family services systems and that	281
provides the maximum amount of flexibility and authority to	282
counties and municipal corporations, as permitted under the	283
"Workforce Investment Act of 1998," 112 Stat. 936, 29 U.S.C.A.	284
2801, as amended. To the extent possible and in accordance with	285
the "Workforce Investment Act of 1998," 112 Stat. 936, 29 U.S.C.	286
2801, as amended, the director shall streamline the provision of	287
core services regarding the sequence of providing those services.	288
The director shall conduct investigations and hold hearings as	289
necessary for the administration of this chapter.	290

To the extent permitted by state and federal law, the	291
director may adopt rules pursuant to Chapter 119. of the Revised	292
Code to establish any program or pilot program for the purposes of	293
providing workforce development activities or family services to	294
individuals who do not meet eligibility criteria for those	295
activities or services under applicable federal law. Prior to the	296
initiation of any program of that nature, the director of budget	297
and management shall certify to the governor that sufficient funds	298
are available to administer a program of that nature.	299

Unless otherwise prohibited by state or federal law, every	300
state agency, board, or commission shall provide to the director	301
all information and assistance requested by the director in	302
furtherance of workforce development activities.	303

Section 2.  That existing sections 3333.122, 3333.20, and	304
6301.02 of the Revised Code are hereby repealed.	305