Chapter 802
AN ACT
SB 334
Relating to student assistance; creating new provisions; amending ORS
348.180, 348.183, 348.205, 348.260, 348.520 and 411.894; and declaring an
emergency.
Whereas current
recipients of Oregon Opportunity Grants should not be harmed by the
implementation of the changes by this 2007 Act to the methodology of
calculating the grants; and
Whereas those students
with the greatest financial need should be the highest priority for receiving
an Oregon Opportunity Grant; and
Whereas the number of
students who receive Oregon Opportunity Grants should be expanded to reach more
students in families in the low-middle income range; and
Whereas there should not
be a cut-off date for applying to the Oregon Student Assistance Commission for
an Oregon Opportunity Grant; now, therefore,
Be It Enacted by the People of
the State of
SECTION 1. ORS 348.180 is amended to read:
348.180. As used in this
section and ORS 348.183, 348.186, 348.205, 348.230, 348.250 and 348.260:
(1) “Cost of education”
includes but is not limited to, tuition, fees and living expenses.
(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;
(c) The
(d) An Oregon-based,
generally accredited, not-for-profit institution of higher education.
[(3) “Financial need” means that the financial capacity of both the
student and the student’s family to contribute to the cost of the student’s
education is 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.]
[(4)] (3) “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 348.183 is amended to read:
348.183. [(1)] The Legislative Assembly
recognizes:
[(a)] (1) That an investment in
educational opportunities for all Oregonians is an investment in a strong and
stable economy and greater personal opportunities;
[(b)] (2) That the single largest
barrier to attending an institution of higher education is lack of finances;
(3) That keeping
higher education affordable requires a shared effort and partnership by
students, family, the federal government, state government and private
philanthropy;
[(c)] (4) The broad and diverse range of quality
post-secondary educational services provided by Oregon’s institutions of higher
education, including Oregon’s community colleges, state institutions and
independent not-for-profit institutions of higher education; and
[(d)] (5) The positive effects on
[(2) It is the intent of the Legislative Assembly to:]
[(a) Empower students who have achieved a Certificate of Initial Mastery
with the ability to attend an
[(b) Reward all Oregon students who have achieved a Certificate of
Initial Mastery or a comparable level of academic merit in Oregon schools with
the opportunity and the necessary funding to attend an Oregon institution of
higher education.]
SECTION 3. ORS 348.205 is amended to read:
348.205. (1) [It is the intention of the Legislative
Assembly to establish] The Oregon Opportunity Grant program is
established within the
(2) Under the
program, the cost of education of a qualified student shall be shared by the
student, the family of the student, the federal government and the state.
(3) The commission shall
determine the cost of education of a qualified student based on the type of
eligible post-secondary institution the student is attending. The cost of
education equals:
(a) For a student
attending a community college, the average cost of education of attending a
community college in this state;
(b) For a student
attending an institution under the direction of the State Board of Higher Education,
the average cost of education of attending an institution under the direction
of the board;
(c) For a student
attending a two-year Oregon-based, generally accredited, not-for-profit
institution of higher education, the average cost of education of attending a
community college in this state; and
(d) For a student
attending the Oregon Health and Science University or a four-year Oregon-based,
generally accredited, not-for-profit institution of higher education, the
average cost of education of attending an institution under the direction of
the board.
(4)(a) The commission
shall determine the amount of the student share. The student share shall be
based on:
(A) The type of eligible
post-secondary institution the student is attending;
(B) The number of hours
of work that the commission determines may be reasonably expected from the
student; and
(C) The amount of loans
that the commission determines would constitute a manageable debt burden for
the student.
(b) The student shall
determine how to cover the student share through income from work, loans,
savings and scholarships.
(c) The student share
for a student who attends a community college may not exceed the amount that
the commission determines a student may earn based on the number of hours of
work reasonably expected from the student under paragraph (a) of this
subsection.
(d) The student share
for a student who attends an eligible post-secondary institution that is not a
community college may not exceed the sum of the amount that the commission
determines a student may receive as loans plus the amount a student may earn
based on the number of hours of work reasonably expected from the student under
paragraph (a) of this subsection.
(5) The commission shall
determine the amount of the family share. The family share shall be based on
the resources of the family.
(6) The commission shall
determine the amount of the federal share based on how much the student or the
student’s family is expected to receive from the federal government as grants,
loans, tax credits or other student assistance.
(7)(a) The commission
shall determine the amount of the state share. The state share shall be equal
to the cost of education reduced by the student share, family share and amount
received by the student from the federal government.
(b) The commission shall
establish a minimum amount that a student may receive as a state share. If the
commission determines that the amount of the state share of a student is below
the minimum amount, the student may not receive the state share.
(c) In determining the
amount of the state share, the commission shall consider the total amount
available to award as grants to all qualified students. If the commission must
reduce the amount of the state share under this paragraph, the commission may
not reduce the amount of the state share awarded to students in the low income
range in a greater proportion than the amount that the state share for students
in other income ranges is reduced.
SECTION 4. ORS 348.260 is amended to read:
348.260. [(1)(a)] (1) 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
(2) The amount of a
grant shall equal the state share of a qualified student’s cost of education as
determined by the commission under ORS 348.205.
[(c)] (3) Grant funds necessary to meet matching requirements
for federal funds under the 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.
[(2)] (4) [Oregon
Opportunity] Grants may be awarded under this section to qualified students
enrolled for any term, including summer term. The commission may prescribe a
specific date by which a student must apply to the commission to qualify for a
grant only if the commission determines that the total amount available to
award as the state share to all qualified students is not sufficient to cover
the total state share amount scheduled to be awarded to all students.
[(3)] (5) If a qualified student receiving [an Oregon Opportunity] a 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 study in]
equivalent of four full-time undergraduate years of grant funding for an
eligible program as defined by the [Oregon
Student Assistance] commission.
[(4)] (6) A qualified student who receives [an Oregon Opportunity] a grant
under this section must attend the eligible post-secondary 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 eligible post-secondary institution[, college or school]. A qualified student who receives a grant
under this section may attend more than one eligible post-secondary institution[, college
or school] if the grant application was based on the qualified student
attending more than one eligible post-secondary institution[, college or school].
[(5)] (7) [No Oregon
Opportunity Grant shall be made] The commission may not make a grant
to any qualified student enrolled in a course of study required for and leading
to a degree in theology, divinity or religious education.
[(6) No
SECTION 5. ORS 348.520 is amended to read:
348.520. The Oregon
Student Assistance Commission shall:
(1) Make available to
qualified persons financial aid from financial sources available to the
commission.
(2) Determine
qualifications of persons to receive financial aid.
(3) Maintain reports and
records on persons applying for and receiving financial aid from the
commission.
(4) Withhold any
financial aid if the recipient thereof fails to maintain the standards
established for receipt of that aid.
(5) Recommend to the
Legislative Assembly not less than once every biennium matters relating to the
establishment, administration, modification, transfer, reduction or
cancellation of financial aid.
(6) Prior to
implementing changes to the
(a) That increases or
decreases the total amount awarded as Oregon Opportunity Grants that was
approved as part of the budget enacted by the Legislative Assembly for the
commission; and
(b) To the methodology
used to determine the student share, family share or state share under ORS
348.205.
[(6)] (7) Encourage the establishment of financial aid
programs by private agencies.
[(7)] (8) Collect and disseminate information pertaining to
all types of available financial aid.
[(8)] (9) Review the administrative practices and evaluate
the effectiveness of all public and private post-secondary financial aid
programs in
[(9)] (10) Disburse state appropriations for financial aid in
such a manner as to maximize its role in cooperative coordination of financial
aid programs.
SECTION 6. ORS 411.894 is amended to read:
411.894. (1) The
(2)(a) After the
participant has participated in the JOBS Plus Program for 30 days, the employer
shall pay, in addition to the participant wage, one dollar for each participant
hour worked into the participant’s individual education account. Contributions
to such an account shall be tax deferred or tax-exempt to the extent permitted
by federal and state law.
(b) Any participant for
whom an Oregon JOBS Individual Education Account contribution is made shall be
eligible for access to education benefits from that participant’s individual
education account for up to five years after the participant has left the JOBS
Plus Program and has held a full-time, unsubsidized job for at least 30 days.
(c) When any participant
has qualified for use of that participant’s individual education account, an
amount equal to that participant’s individual education account balance shall
be transferred to the Oregon Student Assistance Commission for that participant’s
use. Only one individual education account shall be created for any
participant. Each account shall be administered by the [Oregon Student Assistance] commission and shall be used for
continuing education and training for the participant and the participant’s
immediate family.
(3)(a) The [Oregon Student Assistance] commission
may use any interest earned by an individual education account transferred to
the commission under this section for payment of expenses incurred by the
commission in carrying out its duties under this section.
(b) The Department of
Human Services shall transfer any interest earned by the Oregon JOBS Individual
Education Account to the General Fund for general governmental purposes. The
department shall transfer the interest no later than the close of each fiscal
year in which the interest is earned.
(4) Any unexpended or
unobligated moneys remaining in an individual education account five years
after the participant has left the JOBS Plus Program are appropriated and
transferred to the commission for the Oregon Opportunity Grant [Fund] program on that date.
SECTION 7. (1) The amendments to ORS 348.180, 348.183,
348.205 and 348.260 by sections 1 to 4 of this 2007 Act apply to qualified
students who:
(a) Attend an eligible
post-secondary institution for the first time on or after July 1, 2008.
(b) Did not continuously
attend an eligible post-secondary institution prior to the 2008-2009 academic year.
(c) Attend an eligible
post-secondary institution on or after July 1, 2011.
(2)(a) A qualified
student who continuously attends an eligible post-secondary institution as at
least a half-time student and attended that eligible post-secondary institution
during the 2007-2008 academic year shall receive student assistance for the
2008-2009, 2009-2010 and 2010-2011 academic years based on whichever of the
following would grant the student the greater amount of student assistance:
(A) ORS 348.180, 348.205
and 348.260 as set forth in the 2005 Edition of
(B) ORS 348.180,
348.183, 348.205 and 348.260, as amended by sections 1 to 4 of this 2007 Act.
(b) A qualified student
who continuously attends one or more eligible post-secondary institutions as at
least a half-time student and attended more than one of those eligible
post-secondary institutions during the 2007-2008 academic year shall receive
student assistance for the 2008-2009, 2009-2010 and 2010-2011 academic years
based on whichever of the following would grant the student the greater amount
of student assistance:
(A) ORS 348.180, 348.205
and 348.260, as set forth in the 2005 Edition of
(B) ORS 348.180,
348.183, 348.205 and 348.260, as amended by sections 1 to 4 of this 2007 Act.
(c) This subsection
applies only to students who remain qualified as defined by rule of the
SECTION 8. (1) The Oregon Student Assistance Commission
shall establish a Shared Responsibility Steering Committee to provide advice to
the commission on the implementation of the changes to the Oregon Opportunity
Grant program by the amendments to ORS 348.180, 348.183, 348.205 and 348.260 by
sections 1 to 4 of this 2007 Act. The committee shall consist of 12 members
appointed as follows:
(a) The President of the
Senate shall appoint one member from among the members of the Senate.
(b) The Speaker of the
House of Representatives shall appoint one member from among the members of the
House of Representatives.
(c) The commission shall
appoint representatives of the following:
(A) Oregon Independent
Colleges Association;
(B)
(C) A financial aid
professional who is employed by a state institution of higher education within
the
(D) A financial aid
professional who is employed by a community college; and
(E) A financial aid
professional who is employed by a private institution of higher education.
(d) The Governor shall
appoint a representative of the Office of the Governor.
(e) The Director of the
Oregon Department of Administrative Services shall appoint a representative of
the Budget and Management Division.
(f) The Chancellor of the
(g) The Commissioner for
Community College Services shall appoint a representative of the Department of
Community Colleges and Workforce Development.
(h) The president of the
(2) The committee shall:
(a) Analyze the risks
involved in implementing the amendments to ORS 348.180, 348.183, 348.205 and
348.260 by sections 1 to 4 of this 2007 Act;
(b) Make recommendations
to the commission on strategies for prevention and mitigation of those risks;
(c) Make recommendations
to the commission on the management of moneys available to be awarded as
(d) Review and make
recommendations on the implementation methodology and timetable for:
(A) The system for
awarding grants;
(B) The adoption of
rules necessary for implementation of the changes; and
(C) Communication
outreach about changes to the grant program.
(3) A majority of the
members of the committee constitutes a quorum for the transaction of business.
(4) Official action by
the committee requires the approval of a majority of the members of the
committee.
(5) The committee shall
elect one of its members to serve as chairperson.
(6) The term of office
of each member is four years, but a member serves at the pleasure of the
appointing authority. Before the expiration of the term of a member, the
appointing authority shall appoint a successor whose term begins on July 1 next
following. A member is eligible for reappointment. If there is a vacancy for
any cause, the appointing authority shall make an appointment to become
immediately effective for the unexpired term.
(7) The committee shall
meet at times and places specified by the call of the chairperson or of a
majority of the members of the task force.
(8) The committee may
adopt rules necessary for the operation of the task force.
(9) The commission shall
provide staff support to the committee.
(10) Members of the
committee who are not members of the Legislative Assembly are not entitled to
compensation or reimbursement for actual and necessary travel and other
expenses from the commission.
(11) All agencies of
state government, as defined in ORS 174.111, and the Oregon Health and Science
University are directed to assist the committee in the performance of its
duties and, to the extent permitted by laws relating to confidentiality, to
furnish such information and advice as the members of the committee consider
necessary to perform their duties.
SECTION 9. Section 8 of this 2007 Act is repealed on
January 2, 2012.
SECTION 10. This 2007 Act being necessary for the
immediate preservation of the public peace, health and safety, an emergency is
declared to exist, and this 2007 Act takes effect July 1, 2007.
Approved by the Governor July 17, 2007
Filed in the office of Secretary of State July 19, 2007
Effective date July 17, 2007
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