Chapter 321 Oregon Laws 2001

AN ACT

SB 330

Relating to student assistance; amending ORS 348.180, 348.186, 348.205, 348.230, 348.250 and 348.260 and section 12, chapter 1070, Oregon Laws 1999; and declaring an emergency.

Be It Enacted by the People of the State of Oregon:

SECTION 1. ORS 348.180 is amended to read:

348.180. As used in ORS 348.180 [to 348.186], 348.183, 348.186, 348.230, 348.250 and 348.260:

(1) “Cost of education” includes but is not limited to, tuition, fees and living expenses.

[(1)] (2) “Eligible post-secondary institution” means:

(a) A state institution under the direction of the State Board of Higher Education;

(b) A community college operated under ORS chapter 341; [or]

(c) The Oregon Health Sciences University; or

[(c)] (d) An Oregon-based, generally accredited, not-for-profit institution of higher education.

[(2)] (3) “Financial need” means that the financial capacity of both the student and the student’s family to contribute to the [costs] cost of the student’s education are not adequate to meet the total cost of education for any term, according to a system of need analysis approved by the Oregon Student Assistance Commission.

[(3)] (4) “Qualified student” means any resident student who plans to attend an eligible post-secondary institution and who:

(a) Has not achieved a baccalaureate or higher degree from any post-secondary institution;

(b) Is enrolled in an eligible program as defined by rule of the Oregon Student Assistance Commission; and

(c) Is making satisfactory academic progress as defined by rule of the Oregon Student Assistance Commission.

SECTION 2. ORS 348.186 is amended to read:

348.186. (1) In addition to any other form of student financial aid authorized by law, the Oregon Student Assistance Commission shall award, to the extent funds are made available, an Oregon Achievement Grant to any qualified student who:

[(a) Is accepted to an eligible post-secondary institution;]

[(b)] (a) Commences at least half-time study toward a degree at the eligible post-secondary institution within three years of high school graduation; and

[(c)] (b) Has received a Certificate of Initial Mastery or, while a resident of Oregon, has scored at or above a level on a nationally recognized college admissions test as determined by the Oregon Student Assistance Commission.

(2) Any qualified student receiving an Oregon Achievement Grant under subsection (1) of this section must use the grant for the purpose of [transcripted study in a nonsectarian] study in an eligible program, as defined by rule of the Oregon Student Assistance Commission, at an eligible post-secondary institution.

(3) The Oregon Student Assistance Commission may not award an Oregon Achievement Grant to a qualified student who is enrolled in a course of study required for and leading to a degree in theology, divinity or religious education.

[(3)] (4) Each Oregon Achievement Grant shall be renewed yearly provided that the recipient has maintained satisfactory progress toward a first associate or baccalaureate degree as determined by the Oregon Student Assistance Commission.

[(4)] (5) Notwithstanding subsection [(3)] (4) of this section, no Oregon Achievement Grant shall be renewed after a qualified student has reached the number of credit hours required to graduate with a baccalaureate degree at the institution the student is attending.

SECTION 3. ORS 348.230 is amended to read:

348.230. (1) In addition to any other financial aid provided by law, the Oregon Student Assistance Commission may award to qualified residents of this state scholastic grants in any [two-year or four-year, nonprofit, generally accredited institution of higher education located in this state, and in any community college located in this state] eligible post-secondary institution.

(2) A qualified applicant is one who has an achievement of high intellectual standing and deportment in the school or institution on the records of which the application is based, and who demonstrates, to the satisfaction of the commission, that the applicant has superior capacity to profit by post-high school education.

(3) If the recipient of a grant under this section meets the standards for renewal of that grant, the grant may be renewed, upon application of the recipient, until the recipient has received a total of four undergraduate years under this section or until the recipient has completed an undergraduate course of study, whichever is less.

(4) Nothing in subsection (3) of this section shall be construed to mean that the commission may not increase or reduce the amount of the grant upon application for renewal.

(5) No grant shall be made to any student enrolled in a course of study required for and leading to a degree in theology, divinity or religious education.

SECTION 4. ORS 348.250 is amended to read:

348.250. (1) Grants established under ORS 348.230 and 348.260 shall be awarded by the Oregon Student Assistance Commission in the manner provided in this section.

(2) Persons interested in obtaining a grant established under ORS 348.230 and 348.260 may apply to the commission for a grant.

(3) The commission shall screen or cause to be screened the applications and shall determine for each available grant the person best qualified to receive that grant. A qualified applicant is eligible to receive a grant established under ORS 348.230 and 348.260 if:

(a) The applicant’s financial [resources are] need is such that in the opinion of the commission financial aid is warranted; and

(b) The applicant plans to be a student at the eligible post-secondary institution [of higher education] where the grant is to be used.

(4) The commission shall not discriminate for or against any applicant for a grant.

(5) Nothing in ORS 348.210 to 348.260, 348.505 to 348.615, 348.696 and 348.992 shall be construed to require any institution to admit a grant recipient or to attempt to control or influence the policies of the institution.

(6) Whenever funds are not available to award grants to all qualified [persons] students, the commission shall give priority to applicants who are or plan to be full-time students at the eligible post-secondary institution where the grant is to be used. A student shall be considered to be a full-time student if the combination of credit hours at more than one eligible post-secondary institution equals full-time attendance, according to the institution disbursing the grant funds.

(7) As used in this section, “discriminate” has the meaning given “discrimination” in ORS 659.150.

SECTION 5. ORS 348.260 is amended to read:

348.260. (1) In addition to any other form of student financial aid authorized by law, the Oregon Student Assistance Commission may award grants to qualified residents of this state in any eligible post-secondary institution. [two-year or four-year, nonprofit, generally accredited institution of higher education located in this state, in any community college located in this state, and any student enrolled in any medical, nursing or dental program offered by the Oregon Health Sciences University.] Grant funds necessary to meet matching requirements for federal funds under the [State Student Incentive Grant program] Leveraging Educational Assistance Partnership Program and Special Leveraging Educational Assistance Partnership Program of the United States Department of Education may also be used to award grants to qualified residents of this state in any eligible post-secondary institution approved by the commission.

(2) A qualified applicant for a grant is one who meets the academic requirements for admission to the institution or college the applicant plans to attend [but whose financial capacity and that of the applicant’s family to contribute to the costs of the applicant’s education are not adequate to meet such costs, including tuition, fees and living expenses, at the institution or college the applicant plans to attend,] and has financial need as determined by the Oregon Student Assistance Commission.

(3) If [the] a qualified student who receives a grant under this section meets the standards for renewal of the grant, the grant may be renewed upon application until the student has received the total of four undergraduate years in the institution or has completed the course of study at the school of nursing.

(4) A qualified student who receives a grant under this section must attend the institution, college or school upon which the grant application is based unless the Oregon Student Assistance Commission authorizes the grant to be used at a different institution, college or school. A qualified student who receives a grant under this section may attend more than one institution, college or school if the grant application was based on the student attending more than one institution, college or school.

(5) No grant shall be made to any student enrolled in a course of study required for and leading to a degree in theology, divinity or religious education.

(6) No grant awarded under this section shall exceed 50 percent of the student’s financial need[,] as determined by the Oregon Student Assistance Commission.

SECTION 6. ORS 348.260, as amended by section 11, chapter 1070, Oregon Laws 1999, is amended to read:

348.260. [(1) As used in this section:]

[(a) “Costs” includes, but is not limited to, tuition, fees and living expenses.]

[(b) “Qualified student” means a resident of this state, as defined by the Oregon Student Assistance Commission:]

[(A) Who is enrolled or accepted for enrollment at an eligible post-secondary institution as defined in ORS 348.180;]

[(B) Who has not yet obtained a baccalaureate degree from any post-secondary institution; and]

[(C) Whose financial capacity, and that of the student’s family, to contribute to the cost of the student’s education is not adequate to meet such costs, as determined by the Oregon Student Assistance Commission.]

[(2)(a)] (1)(a) In addition to any other form of student financial aid authorized by law, the Oregon Student Assistance Commission may award Oregon Opportunity Grants, to the extent funds are made available, to qualified students who have financial need.

(b) Eligibility, financial need and the amount of an Oregon Opportunity Grant shall be determined annually by the Oregon Student Assistance Commission in consultation with representatives from the educational sectors. In determining these factors, the Oregon Student Assistance Commission shall take into consideration available state funds, available federal funds, the cost of education at the [participating] eligible post-secondary institutions and the family’s ability to contribute.

(c) Grant funds necessary to meet matching requirements for federal funds under the [State Student Incentive Grant program] Leveraging Educational Assistance Partnership Program and Special Leveraging Educational Assistance Partnership Program of the United States Department of Education may also be used to award grants to qualified students in any eligible post-secondary institution approved by the Oregon Student Assistance Commission.

[(3)] (2) Oregon Opportunity Grants may be awarded under this section to qualified students enrolled for any term, including summer term.

[(4)] (3) If a qualified student receiving an Oregon Opportunity Grant under this section meets the standards for renewal of the grant, the grant may be renewed upon application until the qualified student has received the total of four undergraduate years of [transcripted instruction in the institution or has completed the course of study at the school of nursing] study in an eligible program as defined by the Oregon Student Assistance Commission.

[(5)] (4) A qualified student who receives an Oregon Opportunity Grant under this section must attend the institution, college or school upon which the grant application is based unless the Oregon Student Assistance Commission authorizes the grant to be used at a different institution, college or school. A qualified student who receives a grant under this section may attend more than one institution, college or school if the grant application was based on the qualified student attending more than one institution, college or school.

[(6)] (5) No Oregon Opportunity Grant shall be made to any qualified student enrolled in a course of study required for and leading to a degree in theology, divinity or religious education.

[(7)] (6) No Oregon Opportunity Grant awarded under this section shall exceed 50 percent of the qualified student’s financial need[,] as determined by the Oregon Student Assistance Commission.

SECTION 7. Section 12, chapter 1070, Oregon Laws 1999, is amended to read:

Sec. 12. Notwithstanding ORS 348.260 [(2)(a) and (b)] (1)(a) and (b), for the 2001-2003 biennium, the amount of an Oregon Opportunity Grant award for each qualified student at [a participating] an eligible post-secondary [institutions] institution shall be no less than what a qualified student would have received at the [participating] eligible post-secondary institution during the 2000-2001 school year, adjusted for inflation.

SECTION 8. ORS 348.205, as amended by section 8, chapter 1070, Oregon Laws 1999, is amended to read:

348.205. It is the intention of the Legislative Assembly to establish the Oregon Opportunity Grant program. Oregon Opportunity Grants awarded under this program shall be a uniform percentage of the student’s financial need as determined in ORS 348.260 [(2)(b)] (1)(b).

SECTION 9. This 2001 Act being necessary for the immediate preservation of the public peace, health and safety, an emergency is declared to exist, and this 2001 Act takes effect July 1, 2001.

Approved by the Governor June 5, 2001

Filed in the office of Secretary of State June 5, 2001

Effective date July 1, 2001

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