OHIO LEGISLATIVE SERVICE COMMISSION
Office of Research Legislative Budget
www.lsc.ohio.gov and Drafting Office
H.B. 9* Bill Analysis
133rd General Assembly
Click here for H.B. 9’s Fiscal Note
Version: As Reported by Senate Higher Education
Primary Sponsors: Reps. Jones and Sweeney
Effective Date:
Mike Niemi, Research Analyst
SUMMARY
Degree completion at state institutions of higher education
 Requires the Chancellor of Higher Education to develop an electronic equivalency
management tool to assist in the transfer of coursework and degrees between state
institutions of higher education.
 Requires each state university to inform a student about the university’s transfer
appeals process and the Department of Higher Education’s student complaint portal,
when the university refuses to accept and grant credit for certain general education
coursework completed by the student at another state institution of higher education.
 Requires the Ohio Articulation and Transfer Network Oversight Board to conduct a study
of, and prepare a report about, rules regarding the transfer of college credit, and submit
the report to the General Assembly.
 Requires each state university to review its student records every two years to
determine if certain disenrolled students who did not complete a bachelor’s degree are
eligible, or close to being eligible, for an associate degree.
 Specifies that a state university must inform any eligible students of their potential
eligibility for an associate degree and that each university must report the findings of
each review to the Chancellor.
* This analysis was prepared before the report of the Senate Higher Education Committee appeared in
the Senate Journal. Note that the legislative history may be incomplete.
January 28, 2020
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 Requires a state institution of higher education, under certain circumstances, to waive
an eligible student’s tuition and general fees for a course that is necessary to complete a
bachelor’s degree.
 Requires each state institution of higher education to include in its strategic completion
plan required under continuing law a report about its collaboration through an initiative
of the Chancellor to assist students who have some college experience, but no degree,
in earning an associate degree, certificate, or credential.
Educational Choice Scholarship Program
 Revises the eligilbity criteria for the Educational Choice Scholarship (Ed Choice) Program.
 Earmarks $20 million to reimburse school districts for deductions of state foundation aid
for that fiscal year associated with students who receive a first-time Ed Choice
Scholarship because they would be assigned to a district school building that meets
certain criteria under continuing law and the student completed eighth grade while
homeschooled or enrolled in private school in the prior school year.
Academic distress commission
 Dissolves any academic distress commission established for a school district on or
before the bill’s effective date if it receives an overall “D” or higher on the 2018-2019
state report card.
DETAILED ANALYSIS
Transfer of credits between state institutions
The bill requires that the Chancellor of Higher Education develop an electronic
equivalency management tool to assist in the transfer of coursework and degrees between
state institutions of higher education. The tool also must help minimize inconsistent judgement
about the application of transfer credits and assist in allowing transfer credits to be applied in
the same manner at each institution. Similarly, the tool must include the universal
documentation of course and program equivalencies statewide and must be incorporated into
a website.1
The bill also specifies that a state university must inform a student about how to utilize
the university’s transfer appeal process, and the Department of Higher Education’s student
complaint portal, if the university refuses to accept or grant credit for general education
coursework completed by the student at another state institution of higher education.
However, that applies only if the coursework is subject to policies, procedures, and systems
regarding the transfer of credit under continuing law.2
1 R.C. 3333.16(B)(3).
2 R.C. 3333.16(E).
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Additionally, the bill requires the Ohio Articulation and Transfer Network Oversight
Board to conduct a study of current rules regarding the transfer of college credit between state
institutions of higher education and, within a year after the bill’s effective date, submit to the
General Assembly a report that includes the study’s findings and any recommended changes to
the rules.3
Review of student records for associate degree eligibility
The bill requires that, beginning two years after the bill’s effective date, each state
university must review its student records every two years to identify students who meet all of
the following criteria:
1. The student disenrolled within the five years prior to the first review and within the
prior two years for each subsequent review;
2. The student has been disenrolled for four or more semesters, including summer
sessions;
3. The student did not complete a bachelor’s degree;
4. The student has a 2.0 or higher grade point average on a 4.0 scale; and
5. The student completed at least 45 credit hours.
Each state university then must determine whether an identified student is eligible, or
close to being eligible, for an associate degree from that university and, if so, notify the student
of that fact using the most recent contact information the university has on file. Additionally,
each state university must report to the Chancellor the findings of each review.
The Chancellor must adopt rules as necessary to implement this provision.4
Waiver of tuition and general fees for final course
The bill requires a state institution of higher education to waive an undergraduate
student’s tuition and general fees for a final course that is necessary to complete a bachelor’s
degree if the student meets certain eligibility criteria.
A student’s eligibility for a waiver of tuition and general fees for a final course is
connected to the student’s actions in the student’s “final year” at the state institution and the
next academic year in which the course is offered. Under the bill, a “final year” is the last
academic year of full-time study that a bachelor’s degree program is typically designed to
require, as determined by the Chancellor. A student must receive a waiver of tuition and
general fees if all of the following apply to the student:
1. The student was enrolled full-time, as defined by the Chancellor, in the student’s final
year;
3 R.C. 3333.16(F).
4 R.C. 3345.351.
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2. The student was unable to enroll in the final course in the student’s final year due to a
lack of course availability or other circumstances beyond the student’s control, as
determined by the Chancellor;
3. The student paid all tuition and general fees and did not receive a refund for the courses
in which the student enrolled in the student’s final year at the beginning of that year;
4. The student registers for the final course in the next academic year in which the course
is offered;
5. The student did not enroll in the maximum amount of credit hours in the student’s final
year, as determined by the state institution of higher education.
However, the bill specifies that the final course cannot be a general elective, and that
qualifying for a waiver of tuition and general fees does not grant the student guaranteed or
priority registration for the final course.
Additionally, the bill requires the Chancellor to adopt rules to implement this provision. 5
Approved bachelor’s degree programs
Under continuing law, the Chancellor must approve or disapprove all new degrees and
degree programs at state institutions of higher education, and state institutions are expressly
prohibited from offering new degrees or programs without the Chancellor’s approval.6
Generally, community colleges, state community colleges, and technical colleges offer
two-year degrees or shorter programs. But, recently, the Chancellor was authorized to establish
a program under which community colleges, technical colleges, and state community colleges
may offer “applied bachelor’s degree” programs.7
An “applied bachelor’s degree” under continuing law is a bachelor’s degree that is
(1) based on a curriculum that incorporates theoretical and applied knowledge and skills in a
specific technical field and (2) designed for an individual with an applied science associate
degree to maximize the application of technical course credits toward the bachelor’s degree.8
Since an “applied bachelor’s degree” is a type of bachelor’s degree, presumably the
requirement to waive tuition and general fees for a final course applies to “applied bachelor’s
degree” programs in the same manner as other bachelor’s degree programs.
Report on institutional collaboration
The bill requires each state institution of higher education to include in its strategic
completion plan required under continuing law a report about its collaboration with other
5 R.C. 3345.481.
6 R.C. 3333.04(N) and 3333.07(C), neither in the bill.
7 R.C. 3333.051(A), not in the bill.
8 R.C. 3333.051(C)(1), not in the bill.
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institutions through an initiative of the Chancellor to assist students who have some college
experience, but no degree, in earning an associate degree, certificate, or credential. The report
must include information about the state institution’s efforts to assist students in attaining an
associate degree, certificate, or credential while earning a bachelor’s degree or using college
credit transferred between state institutions.9
Under continuing law, each state institution must adopt an institution-specific strategic
completion plan designed to increase the number of degrees and certificates awarded to
students. Each state institution must update its plan at least once every two years and provide
a copy of the updated plan to the Chancellor.10
According to the Chancellor’s website, the Chancellor created a “Credit When It’s Due”
initiative in 2013 to assist eligible students who have some college experience, but no degree,
with obtaining an associate degree through collaboration among state institutions of higher
education. All of Ohio’s community colleges, state community colleges, technical colleges, and
state universities participate in the initiative.11
Educational Choice scholarships
Eligibility
The bill makes several changes to the Educational Choice (Ed Choice) Scholarship
Program eligibility.
First, it specifies that a student who would be assigned to a district school building that
meets certain criteria under continuing law is eligible for a first-time Ed Choice scholarship if
the student completed eighth grade while homeschooled or enrolled in a public or private
school in the prior school year, rather than completing any of grades 8 through 11 as under
current law.12
Second, for the 2020-2021, 2021-2022, or 2022-2023 school year, it disqualifies a
student for a first-time Ed Choice scholarship if the student’s resident school district is not
subject to an academic distress commission and the school to which the student would
otherwise be assigned either:
1. Receives an overall grade of “A,” “B,” or “C” on the most recent state report card;
2. Receives an overall grade of “D” on the most recent state report card and was not
ranked in two of the three most recent years in the lowest 20% of school buildings
according to performance index ranking.13
9 R.C. 3345.81(D).
10 R.C. 3345.81(B) and (C).
11 https://www.ohiohighered.org/CWID.
12 R.C. 3310.03.
13 R.C. 3310.033.
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Third, it increases the base family income eligibility criteria of the income-based
Educational Choice Expansion Program to 300% of the federal poverty line (FPL), rather than
200% of FPL as under current law.14
Finally, it specifies that a student receiving a scholarship whose family income
subsequently rises above the base family income must receive a 75% pro-rated scholarship
amount if that income is between 300% and 350%; and a 50% pro-rated amount if that income
is between 350% and 400% (rather than as under current law under which a student receives a
75% pro-rated amount for an income between 200% and 300% and a 50% pro-rated amount for
an income between 300% and 400%).15
The bill makes those provisions effective immediately.16
Reimbursements
The bill earmarks $20 million to reimburse school districts for deductions of state
foundation aid for FY 2021 associated with students who receive a first-time Ed Choice
Scholarship because they would be assigned to a district school building that meets certain
criteria under continuing law and the student completed eighth grade while homeschooled or
enrolled in private school in the prior school year. It also requires the Department of Education
to prorate the payments if the amount earmarked for that purpose is insufficient.17
Background
The Ed Choice Scholarship Program operates statewide in every school district except
Cleveland to provide scholarships for students who (1) are assigned or would be assigned to
district school buildings that have persistently low academic achievement (“traditional Ed
Choice”) or (2) are from low-income families (“Ed Choice Expansion”). Under current law the
income-based portion of the program, a student qualifies if the student’s family income is 200%
of poverty or below, but a student can continue to receive a reduced scholarship as family
income increases up to 400% of poverty. Students may use their scholarships to enroll in
participating chartered nonpublic schools. The amount awarded under the program is the
lesser of the tuition charged by the school, minus certain qualifying discounts not related to the
student’s family income, athletic ability, or academic ability, or the maximum scholarship
award.
The maximum scholarship award is $4,650 for students in grades K-8 and $6,000 for
students in grades 9-12. For students who qualify based on the performance of their resident
districts’ schools, the scholarships are deducted from the districts’ state aid accounts. For
14 R.C. 3310.032.
15 R.C. 3310.032.
16 Section 5.
17 Section 3.
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students who qualify based on family income, the scholarships are paid from a specific
appropriation of the General Assembly.
Academic distress commission
The bill dissolves any academic distress commission (ADC) established for a school
district on or before to the bill’s effective date if that district received an overall grade of “D” or
higher on the school report card for the 2018-2019 school year.
The bill also requires each district affected by the bill’s provision to continue operating
under its ADC as prescribed by current law until June 30, 2020, during which time the ADC and
the chief executive officer for the ADC must work with the district board to transition control
back to the district board.
Finally, the bill requires the Department of Education to pay the remainder of each chief
executive officer’s contract upon dissolution of the ADC.18
For a detailed description of current law on academic distress commissions, see pp.
10 to 23 of the LSC Final Analysis of H.B. 70 of the 131st General Assembly at:
https://www.legislature.ohio.gov/download?key=2653&format=pdf.
HISTORY
Action