OHIO LEGISLATIVE SERVICE COMMISSION
Office of Research Legislative Budget
www.lsc.ohio.gov and Drafting Office
S.B. 135 Final Analysis
134th General Assembly
Click here for S.B. 135’s Fiscal Note
Primary Sponsor: Sen. Cirino
Effective date: July 21, 2022; appropriation effective April 20, 2022
Effective Date:
Mike Niemi Research Analyst
SUMMARY
HIGHER EDUCATION
Student tuition and fees
 Prohibits a state institution of higher education from charging an additional fee to a
student for academic activity associated with regular coursework, such as grading
student assignments.
 Prohibits a state institution from charging more in tuition and fees for an online course
than for a course taught in an in-person, classroom setting.
 Requires special fees for online courses at state institutions to be based on the actual
demonstrated cost incurred by the institution.
Student financial aid
 Establishes the permanent Second Chance Grant Program to provide a one-time grant of
up to $2,000 to eligible students returning to college enrollment after previously
disenrolling before earning a bachelor’s degree.
 Reappropriates for the program in FY 2023 the unexpended, unencumbered balance of
the $3 million appropriated for the Second Chance Pilot Program in FY 2022 by H.B. 110
of the 134th General Assembly.
 Establishes a supplemental grant for Ohio College Opportunity Grant recipients who
have completed at least two years of a bachelor’s degree program and are making
progress toward completing their programs.
Accommodations for students unable to enroll in a course
 Expands the law requiring state institutions to financially accommodate students who
are unable to register for a course needed for their bachelor’s degree by (1) applying the
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requirement during students’ final two academic years, instead of just the final year,
and (2) adding options by which an institution may accommodate the students.
Guaranteed pathways, joint programming, dual enrollment
 Establishes the Ohio Guaranteed Transfer Pathways Initiative to permit community
college students to transfer credits to state universities under the existing articulation
and transfer system.
 Requires state universities to enter into agreements with multiple two-year colleges to
establish joint academic programming and dual enrollment opportunities.
Free speech policies
 Requires each state institution to adopt a policy that affirms prescribed principles
regarding the regulation of free speech on campuses.
 Requires each state institution to establish a process under which a student, student
group, or faculty member may submit a complaint about an alleged violation by an
employee of its policy.
Additional reporting requirements
 Requires each state institution to issue an annual report about the institution’s tuition
and fees, average cost of attendance, and certain other post-graduation data.
 Requires the Chancellor of Higher Education to post each annual report online.
 Requires the Chancellor to issue a report about the mental health and wellness services
and initiatives of state institutions.
Degree programs
 Requires the Chancellor, when considering approval of a new degree for a state
institution, to take into account the extent to which it aligns with the state’s workforce
development priorities.
 Requires a state institution, upon request of the Chancellor, to conduct a viability
analysis of any program it offers that the Chancellor determines meets prescribed
criteria and submit its findings to the Chancellor.
 Changes from every five to every three years the frequency with which a state
institution must evaluate its programs based on enrollment and duplication with other
state institutions in the region.
Other higher education provisions
 Prescribes due process procedures with which a state university must comply with
regard to a student who is subject to disciplinary action.
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 Prohibits a state institution from entering into or renewing a contract with a company
for goods or services, unless the contract declares that the company is not boycotting
Israel or other jurisdictions with whom Ohio can enjoy open trade.
 Requires each state university to endeavor to avoid prioritizing admission of out-of-state
applicants over in-state applicants if both applicants apply in the same general
timeframe and have substantially similar qualifications.
 Requires each state institution to accept and provide credit for coursework in the same
manner across all instructional methods, unless a course requires in-person
observations and experiences.
 Authorizes the Director of Administrative Services to sell state-owned land that is held
for the benefit of a state institution and is appraised for not more than $10 million,
provided both the institution’s board and the Controlling Board approve the sale.
OTHER PROVISIONS
K-12 career advising policy
 Modifies the law on K-12 career advising policies.
Statewide apprenticeship program proposal
 Requires the Superintendent of Public Instruction, and other specified stakeholders, to
develop a proposal for a statewide apprenticeship program for high school students and
submit it to the Governor and General Assembly by June 1, 2023.
Renewable energy facility tax exemption
 Modifies the career training requirement that certain qualified renewable energy
facilities must meet to obtain continuing law’s property tax exemption for such facilities.
TABLE OF CONTENTS
Student tuition and fees ................................................................................................................. 5
Prohibit additional fees for academic activities .......................................................................... 5
Tuition and fees for online courses ............................................................................................. 5
Second Chance Grant Program ....................................................................................................... 5
Operations ................................................................................................................................... 5
Student eligibility......................................................................................................................... 6
Annual report .............................................................................................................................. 6
Second Chance Grant Program Fund ..................................................................................... 6
Appropriation ......................................................................................................................... 7
Supplemental OCOG awards........................................................................................................... 7
Accommodations for students unable to enroll in a course .......................................................... 7
Guaranteed pathways, joint programming, dual enrollment ........................................................ 8
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Ohio Guaranteed Transfer Pathways Initiative ........................................................................... 8
Joint academic programming, dual enrollment opportunities ................................................... 8
Annual reporting ......................................................................................................................... 8
Rules ............................................................................................................................................ 8
Free speech policies ........................................................................................................................ 9
Additional reporting requirements ............................................................................................... 11
Posting of cost and postgraduate data ..................................................................................... 11
Mental health and wellness report ........................................................................................... 11
Program approval and evaluation ................................................................................................ 12
Chancellor approval of degree programs.................................................................................. 12
Viability analysis of programs ................................................................................................... 12
Evaluation and report regarding courses and programs .......................................................... 12
Due process for disciplinary actions ............................................................................................. 12
Contracts without nonboycott declaration are prohibited .......................................................... 13
Admissions and Ohio residents..................................................................................................... 13
Credit for online coursework ........................................................................................................ 13
State institution – land sales ......................................................................................................... 13
K-12 career advising policies ......................................................................................................... 14
Statewide apprenticeship program proposal ............................................................................... 14
Renewable energy facility tax exemption qualifications .............................................................. 15
DETAILED ANALYSIS
HIGHER EDUCATION
The act revises several laws on the operation of state institutions of higher education,
including those regarding degree programs, tuition and fees, student financial aid, reporting
requirements, disciplinary due process, free speech on campus, and several other areas.
As used in this analysis, a state institution of higher education is any of the 14 state
universities, a community college, state community college, university branch, or technical
college. The 14 state universities are the University of Akron, Bowling Green State University,
Central State University, University of Cincinnati, Cleveland State University, Kent State
University, Miami University, Northeast Ohio Medical University, Ohio University, Ohio State
University, Shawnee State University, University of Toledo, Wright State University, and
Youngstown State University.1
1 R.C. 3345.011, not in the act.
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Student tuition and fees
Prohibit additional fees for academic activities
The act prohibits a state institution of higher education from charging an additional fee
to a student for an employee or an entity contracting with the institution to complete any
academic activity associated with regular coursework, including grading student assignments.2
Tuition and fees for online courses
The act prohibits a state institution from charging more in tuition and fees for an online
course than for a course taught in an in-person, classroom setting. It further requires that
special fees charged for an online course, if applicable, be based on the actual demonstrated
cost incurred by the state institution to provide it.3
Second Chance Grant Program
Operations
The act makes the Second Chance Grant Pilot Program created in H.B. 110 of the 134th
General Assembly a permanent one. Specifically, it requires the Chancellor of Higher Education
to establish and operate the Second Chance Grant Program and to adopt rules to administer it.
The program serves students who previously disenrolled from a public or private “qualifying
institution” in Ohio while in good standing and, after some time off, again enroll in a public or
private qualifying institution in Ohio.4 (See “Student eligibility,” below.)
The Chancellor must award a one-time grant of up to $2,000 to each approved eligible
student. To be approved, the student must enroll in a qualifying Ohio institution and have a
remaining cost of attendance, as defined under federal law, after all other financial aid for
which the applicant qualifies has been applied to the applicant’s account. The Chancellor must
approve applications in the order in which they are received.5
The Chancellor must pay grants to the institution in which a participating student is
enrolled in the academic year in which the student’s application is approved. The institution
must apply the grant to the participant’s cost of attendance for that year. If any amount of the
grant remains after it is applied to the student’s cost of attendance for that year, the institution
must apply the remainder to the student’s cost of attendance for any other academic year in
which the student is enrolled. The institution must return to the Chancellor any grant amount
remaining after the participant graduates or disenrolls.6
2 R.C. 3345.028.
3 R.C. 3345.461.
4 R.C. 3333.127(A)(2) and (G).
5R.C. 3333.127(A), (B), and (C); conforming changes in Section 381.480 of H.B. 110 of the 134 th General
Assembly, as amended in sections 4 and 5.
6 R.C. 3333.127(D).
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For purposes of the program, a “qualifying institution” is a state university or branch
campus, community college, state community college, or technical college, a private nonprofit
college or university, a private for-profit career college, or an Ohio Technical Center.7
Student eligibility
A student is eligible for the program if the student:
1. Is an Ohio resident;
2. Has not attained a bachelor’s degree;
3. Disenrolled from a “qualifying institution,” while being in good standing including with
respect to academics and the student’s disciplinary record, and did not transfer to a
“qualifying institution” or an institution of higher education in another state in the two
semesters immediately following disenrollment;
4. Enrolls in a “qualifying institution” within five years of disenrollment;
5. Is not enrolled in the College Credit Plus Program; and
6. Meets any other eligibility criteria determined necessary by the Chancellor.8
Annual report
In each academic year, the Chancellor must submit to the General Assembly a report
that contains:
1. The number of eligible students participating in the program who received a grant in
that academic year;
2. The “qualifying institutions” from which participants disenrolled;
3. The types of academic programs in which participants were enrolled prior to
disenrolling from “qualifying institutions”;
4. The types of academic programs in which participants were enrolled when they received
grants under the program;
5. Information regarding how the grants were used; and
6. If the participant completed a degree program with the grant.9
Second Chance Grant Program Fund
The act establishes the Second Chance Grant Program Fund in the state treasury to
consist of amounts designated for it by the General Assembly. The fund must be administered
7 R.C. 3333.127(A)(3).
8 R.C. 3333.127(A)(2).
9 R.C. 3333.127(E).
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