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 1085
 
                           A-Engrossed
 
                         Senate Bill 332
                 Ordered by the Senate April 10
           Including Senate Amendments dated April 10
 
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.
 
  Allows Oregon Student Assistance Commission, through Office of
Degree Authorization, to seek injunctive relief against person
who makes invalid academic degree claim or representation. Allows
commission to impose civil penalty, not to exceed $1,000 per
violation, on person who makes invalid academic degree claim or
representation.
   { +  Allows person who has degree from certain unaccredited
schools to represent that person possesses academic degree under
certain circumstances. Clarifies that commission, through Office
of Degree Authorization, may authorize approved degree-granting
schools to offer nondegree programs leading to certificate or
diploma.
  Declares emergency, effective on passage. + }
 
                        A BILL FOR AN ACT
Relating to academic degrees; amending ORS 348.603 and 348.609;
  and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 348.609 is amended to read:
  348.609. (1) No person who has been warned by the Oregon
Student Assistance Commission { + , + } through the Office of
Degree Authorization { + , + } to cease and desist shall claim or
represent that the person possesses any academic degree unless
the degree has been awarded to or conferred upon the person by a
school that:
  (a) Has accreditation recognized by the United States
Department of Education or the foreign equivalent of such
accreditation;
  (b) Has been approved by the Oregon Student Assistance
Commission through the Office of Degree Authorization to offer
and confer degrees in Oregon;   { - or - }
  (c) Is described in ORS 348.594 (2)  { - . - }  { + ; or
  (d) Is located in the United States and has been found by the
commission to meet standards of academic quality comparable to
those of an institution located in the United States that has
accreditation, recognized by the United States Department of
Education, to offer degrees of the type and level claimed by the
person. + }
  (2) The Oregon Student Assistance Commission shall adopt, by
rule, standards and procedures for responding to complaints about
degree claims and for validation of degree claims. Failure of a
person to provide documentation of a claimed degree shall be
prima facie evidence that the claim of such person to such degree
is a violation of this section.
   { +  (3)(a) The Oregon Student Assistance Commission, through
the Office of Degree Authorization, may cause a civil suit to be
instituted in the circuit court for legal or equitable remedies,
including injunctive relief, to ensure compliance with this
section. The commission may recover attorney fees and court costs
for any such action.
  (b) The commission shall adopt a schedule of civil penalties
for violations of this section. A civil penalty shall not exceed
$1,000 per violation.
  (c) In addition to any action or penalty provided by law, any
person who violates this section shall incur a civil penalty in
an amount prescribed by the schedule adopted by the commission.
Any civil penalty imposed under this subsection shall be imposed
in the manner provided in ORS 183.090. All penalties recovered
under this subsection shall be paid into the State Treasury and
credited to the General Fund. + }
  SECTION 2. ORS 348.603 is amended to read:
  348.603. (1) The Oregon Student Assistance Commission, through
the Office of Degree Authorization, shall:
  (a) Authorize approved schools to offer academic degree
programs;
   { +  (b) Authorize approved degree-granting schools to offer
nondegree programs leading to a certificate or diploma; + }
    { - (b) - }  { +  (c) + } Validate claims of degree
possession;
    { - (c) - }  { +  (d) + } Terminate substandard or fraudulent
degree activities; and
    { - (d) - }  { +  (e) + } Review proposed new publicly funded
post-secondary programs and locations.
  (2)(a) Following review of a proposed new publicly funded
post-secondary program or location, the commission shall
recommend resolution to the appropriate governing boards and
mediate between the boards to seek a negotiated resolution if:
  (A) There is a seemingly detrimental duplication of programs;
or
  (B) The program or location would have a significantly adverse
impact on one or more other segments of education.
  (b) If the boards cannot resolve the issue raised under
paragraph (a) of this subsection, the commission shall have final
authority for approval or disapproval of the program or location.
  (c) The commission shall establish by rule a fair and neutral
decision-making process in consultation with representatives
designated by the State Board of Education, the State Board of
Higher Education, associations representing Oregon independent
colleges, associations representing Oregon career colleges, and
the governing boards of otherwise unrepresented post-secondary
schools.
  SECTION 3.  { + 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 on its
passage. + }
                         ----------