71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
NOTE: Matter within { + braces and plus signs + } in an
amended section is new. Matter within { - braces and minus
signs - } is existing law to be omitted. New sections are within
{ + braces and plus signs + } .
LC 1080
Senate Bill 330
Printed pursuant to Senate Interim Rule 213.28 by order of the
President of the Senate in conformance with presession filing
rules, indicating neither advocacy nor opposition on the part
of the President (at the request of Governor John A. Kitzhaber,
M.D., for Oregon Student Assistance Commission)
SUMMARY
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.
Modifies provisions relating to Oregon Achievement Grant and
Oregon Opportunity Grant.
Declares emergency, effective July 1, 2001.
A BILL FOR AN ACT
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. + }
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