Ohio § 5919.34

§ 5919.34.

(A) As used in this section: (1) “ Academic term ” means any one of the following: (a) Fall term, which consists of fall semester or fall quarter, as appropriate; (b) Winter term, which consists of winter semester, winter quarter, or spring semester,

as appropriate; (c) Spring term, which consists of spring quarter; (d) Summer term, which consists of summer semester or summer quarter, as appropriate. (2) “ Eligible applicant ” means any individual to whom all of the following apply: (a) The individual does not possess a baccalaureate degree. (b) The individual has enlisted, re-enlisted, or extended current enlistment in the Ohio

national guard or is an individual to which division (F) of this section applies. (c) The individual is actively enrolled as a full-time or part-time student for at least

three credit hours of course work in a semester or quarter in a two-year or four-year

degree-granting program at a state institution of higher education or a private institution

of higher education, in a diploma-granting program at a state or private institution

of higher education that is a school of nursing, or in a credential-certifying program,

licensing program, trade certification program, or apprenticeship program for an in-demand

occupation as identified by the adjutant general and the chancellor of higher education,

in consultation with the governor's office of workforce transformation. (d) The individual has not accumulated ninety-six eligibility units under division (E)

of this section. (3) “ State institution of higher education ” means any state university or college as defined in division (A)(1) of section 3345.12 of the Revised Code , community college established under Chapter 3354. of the Revised Code, state community

college established under Chapter 3358. of the Revised Code, university branch established

under Chapter 3355. of the Revised Code, or technical college established under Chapter

3357. of the Revised Code. (4) “ Private institution of higher education ” means an Ohio institution of higher education that is nonprofit and has received

a certificate of authorization pursuant to Chapter 1713. of the Revised Code, that

is a private institution exempt from regulation under Chapter 3332. of the Revised

Code as prescribed in section 3333.046 of the Revised Code , or that holds a certificate of registration and program authorization issued by

the state board of career colleges and schools pursuant to section 3332.05 of the Revised Code . (5) “ Tuition ” means the charges imposed to attend an institution of higher education and includes

general and instructional fees.  “Tuition” does not include laboratory fees, room and board, or other similar fees

and charges. (B) There is hereby created a scholarship program to be known as the Ohio national guard

scholarship program. (C)(1) The adjutant general shall approve scholarships for all eligible applicants.  The adjutant general shall process all applications for scholarships for each academic

term in the order in which they are received.  The scholarships shall be made without regard to financial need.  At no time shall one person be placed in priority over another because of sex, race,

or religion. (2) The adjutant general shall develop and provide a written explanation that informs

all eligible scholarship recipients that the recipient may become ineligible and liable

for repayment for an amount of scholarship payments received in accordance with division

(G) of this section.  The written explanation shall be reviewed by the scholarship recipient before acceptance

of the scholarship and before acceptance of an enlistment, warrant, commission, or

appointment for a term not less than the recipient's remaining term in the national

guard or in the active duty component of the United States armed forces. (D)(1) Except as provided in divisions (I) and (J) of this section, for each academic term

that an eligible applicant is approved for a scholarship under this section and either

remains a current member in good standing of the Ohio national guard or is eligible

for a scholarship under division (F)(1) of this section, the institution of higher

education in which the applicant is enrolled shall, if the applicant's enlistment

obligation extends beyond the end of that academic term or if division (F)(1) of this

section applies, be paid on the applicant's behalf the applicable one of the following

amounts: (a) If the institution is a state institution of higher education, an amount equal to

one hundred per cent of the institution's tuition charges; (b) If the institution is a nonprofit private institution or a private institution exempt

from regulation under Chapter 3332. of the Revised Code as prescribed in section 3333.046 of the Revised Code , an amount equal to one hundred per cent of the average tuition charges of all state

universities; (c) If the institution is an institution that holds a certificate of registration from

the state board of career colleges and schools, the lesser of the following: (i) An amount equal to one hundred per cent of the institution's tuition; (ii) An amount equal to one hundred per cent of the average tuition charges of all state

universities, as that term is defined in section 3345.011 of the Revised Code . (2) The adjutant general and the chancellor may jointly adopt rules to require the use

of other federal educational financial assistance programs, including such programs

offered by the United States department of defense, for which an applicant is eligible

based on the applicant's military service.  If such rules are adopted, the rules shall require that financial assistance received

by a scholarship recipient under those programs be applied to all eligible expenses

prior to the use of scholarship funds awarded under this section.  Scholarship funds awarded under this section shall then be applied to the recipient's

remaining eligible expenses. (3) An eligible applicant's scholarship shall not be reduced by the amount of that applicant's

benefits under “the Montgomery G.I. Bill Act of 1984,” Pub. L. No. 98-525, 98 Stat. 2553 (1984). (E) A scholarship recipient under this section shall be entitled to receive scholarships

under this section for the number of quarters or semesters it takes the recipient

to accumulate ninety-six eligibility units as determined under divisions (E)(1) to

(3) of this section. (1) To determine the maximum number of semesters or quarters for which a recipient is

entitled to a scholarship under this section, the adjutant general shall convert a

recipient's credit hours of enrollment for each academic term into eligibility units

in accordance with the following table: Number of credit hours of enrollment in an academic term equals The following number of eligibility units if a semester or The following number of eligibility units if a quarter 12 or more hours 12 units 8 units 9 but less than 12 9 units 6 units 6 but less than 9 6 units 4 units 3 but less than 6 3 units 2 units (2) A scholarship recipient under this section may continue to apply for scholarships

under this section until the recipient has accumulated ninety-six eligibility units. (3) If a scholarship recipient withdraws from courses prior to the end of an academic

term so that the recipient's enrollment for that academic term is less than three

credit hours, no scholarship shall be paid on behalf of that person for that academic

term.  Except as provided in division (F)(3) of this section, if a scholarship has already

been paid on behalf of the person for that academic term, the adjutant general shall

add to that person's accumulated eligibility units the number of eligibility units

for which the scholarship was paid. (F) This division applies to any eligible applicant called into active duty on or after

September 11, 2001.  As used in this division, “ active duty ” means active duty pursuant to an executive order of the president of the United

States, an act of the congress of the United States, or section 5919.29 or 5923.21 of the Revised Code . (1) For a period of up to five years from when an individual's enlistment obligation

in the Ohio national guard ends, an individual to whom this division applies is eligible

for scholarships under this section for those academic terms that were missed or could

have been missed as a result of the individual's call into active duty.  Scholarships shall not be paid for the academic term in which an eligible applicant's

enlistment obligation ends unless an applicant is eligible under this division for

a scholarship for such academic term due to previous active duty. (2) When an individual to whom this division applies withdraws or otherwise fails to

complete courses, for which scholarships have been awarded under this section, because

the individual was called into active duty, the institution of higher education shall

grant the individual a leave of absence from the individual's education program and

shall not impose any academic penalty for such withdrawal or failure to complete courses.  Division (F)(2) of this section applies regardless of whether or not the scholarship

amount was paid to the institution of higher education. (3) If an individual to whom this division applies withdraws or otherwise fails to complete

courses because the individual was called into active duty, and if scholarships for

those courses have already been paid, either: (a) The adjutant general shall not add to that person's accumulated eligibility units

calculated under division (E) of this section the number of eligibility units for

the academic courses or term for which the scholarship was paid and the institution

of higher education shall repay the scholarship amount to the state. (b) The adjutant general shall add to that individual's accumulated eligibility units

calculated under division (E) of this section the number of eligibility units for

the academic courses or term for which the scholarship was paid if the institution

of higher education agrees to permit the individual to complete the remainder of the

academic courses in which the individual was enrolled at the time the individual was

called into active duty. (4) No individual who is discharged from the Ohio national guard under other than honorable

conditions shall be eligible for scholarships under this division. (G) A scholarship recipient under this section who fails to complete the term of enlistment,

re-enlistment, or extension of current enlistment the recipient was serving at the

time a scholarship was paid on behalf of the recipient under this section is liable

to the state for repayment of a percentage of all Ohio national guard scholarships

paid on behalf of the recipient under this section.  Such a scholarship recipient is also liable for interest at the rate of ten per

cent per annum calculated from the dates the scholarships were paid, unless the reason

the recipient failed to complete the term of enlistment, re-enlistment, or extension

of enlistment was due to enlistment, warrant, commission, or appointment to an active

duty or reserve component of the armed forces of the United States.  As used in this division, “armed forces” has the same meaning as in section 5903.01 of the Revised Code .  This repayment percentage shall equal the percentage of the current term of enlistment,

re-enlistment, or extension of enlistment a recipient has not completed as of the

date the recipient is discharged from the Ohio national guard. The attorney general may commence a civil action on behalf of the chancellor to recover

the amount of the scholarships and the interest provided for in this division and

the expenses incurred in prosecuting the action, including court costs and reasonable

attorney's fees.  A scholarship recipient is not liable under this division if the recipient's failure

to complete the term of enlistment being served at the time a scholarship was paid

on behalf of the recipient under this section is due to the recipient's death or discharge

from the national guard due to disability. (H) On or before the first day of each academic term, the adjutant general shall provide

an eligibility roster to the chancellor and to each institution of higher education

at which one or more scholarship recipients have applied for enrollment.  The institution shall use the roster to certify the actual full-time or part-time

enrollment of each scholarship recipient listed as enrolled at the institution and

return the roster to the adjutant general and the chancellor.  Except as provided in division (J) of this section, the chancellor shall provide

for payment of the appropriate number and amount of scholarships to each institution

of higher education pursuant to division (D) of this section.  If an institution of higher education fails to certify the actual enrollment of

a scholarship recipient listed as enrolled at the institution within thirty days of

the end of an academic term, the institution shall not be eligible to receive payment

from the Ohio national guard scholarship program or from the individual enrollee.  The adjutant general shall report on a semiannual basis to the director of budget

and management, the speaker of the house of representatives, the president of the

senate, and the chancellor the number of Ohio national guard scholarship recipients,

the size of the scholarship-eligible population, and a projection of the cost of the

program for the remainder of the biennium. (I) The chancellor and the adjutant general may adopt rules pursuant to Chapter 119.

of the Revised Code governing the administration and fiscal management of the Ohio

national guard scholarship program and the procedure by which the chancellor and the

department of the adjutant general may modify the amount of scholarships a member

receives based on the amount of other state financial aid a member receives. (J) The adjutant general, the chancellor, and the director, or their designees, shall

jointly estimate the costs of the Ohio national guard scholarship program for each

upcoming fiscal biennium, and shall report that estimate prior to the beginning of

the fiscal biennium to the chairpersons of the finance committees in the general assembly.  During each fiscal year of the biennium, the adjutant general, the chancellor, and

the director, or their designees, shall meet regularly to monitor the actual costs

of the Ohio national guard scholarship program and update cost projections for the

remainder of the biennium as necessary.  If the amounts appropriated for the Ohio national guard scholarship program and

any funds in the Ohio national guard scholarship reserve fund and the Ohio national

guard scholarship donation fund are not adequate to provide scholarships in the amounts

specified in division (D)(1) of this section for all eligible applicants, the chancellor

shall do all of the following: (1) Notify each private institution of higher education, where a scholarship recipient

is enrolled, that, by accepting the Ohio national guard scholarship program as payment

for all or part of the institution's tuition, the institution agrees that if the chancellor

reduces the amount of each scholarship, the institution shall provide each scholarship

recipient a grant or tuition waiver in an amount equal to the amount the recipient's

scholarship was reduced by the chancellor. (2) Reduce the amount of each scholarship under division (D)(1)(a) of this section proportionally

based on the amount of remaining available funds.  Each state institution of higher education shall provide each scholarship recipient

under division (D)(1)(a) of this section a grant or tuition waiver in an amount equal

to the amount the recipient's scholarship was reduced by the chancellor. (K) Notwithstanding division (A) of section 127.14 of the Revised Code , the controlling board shall not transfer all or part of any appropriation for the

Ohio national guard scholarship program. (L) The chancellor and the adjutant general may apply for, and may receive and accept

grants, and may receive and accept gifts, bequests, and contributions, from public

and private sources, including agencies and instrumentalities of the United States

and this state, and shall deposit the grants, gifts, bequests, or contributions into

the national guard scholarship donation fund.