74th OREGON LEGISLATIVE ASSEMBLY--2007 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 429
 
                         House Bill 2262
 
Ordered printed by the Speaker pursuant to House Rule 12.00A (5).
  Presession filed (at the request of Governor Theodore R.
  Kulongoski for Department of Community Colleges and Workforce
  Development)
 
 
                             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 authority of Office of Degree Authorization to review
of proposed publicly funded post-secondary degree programs and
degree locations and resolution of disputes relating to degree
programs and degree locations.
 
                        A BILL FOR AN ACT
Relating to higher education degrees; amending ORS 326.075,
  348.603 and 351.203.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. 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;
  (c) Validate claims of degree possession;
  (d) Terminate substandard or fraudulent degree activities; and
  (e) Review proposed new publicly funded post-secondary
 { + degree + } programs and  { + degree + } locations.
  (2)(a) Following review of a proposed new publicly funded
post-secondary  { + degree + } program or  { + degree + }
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 detrimental duplication of  { + degree + }
programs; or
  (B) The  { + degree + } program or  { + degree + } location
would have a significantly adverse impact on one or more other
segments of education.
  (b) If the boards do not resolve the issue raised under
paragraph (a) of this subsection within 90 days of the date when
the issue was recommended to the boards for mediation, the
commission shall have final authority for approval or disapproval
of the  { + degree + } program or  { + degree + } location. If
the boards do not resolve the issue, the commission shall approve
or disapprove the  { +  degree + } program or  { + degree + }
location within 180 days of the date when the review began.
  (c) If the boards do not resolve the issue, the commission
shall approve the  { + degree + } program or  { + degree + }
location if the commission finds that the program or location
meets an unmet workforce need in the state.
  (d) 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.
  (3) The commission, by rule, may impose a fee on any school or
person requesting information from the commission. The amount of
the fee shall be established to recover designated expenses
incurred by the commission in carrying out the administration of
ORS 348.594 to 348.615. Any fees collected under this subsection
shall be deposited in the Office of Degree Authorization Account
established under ORS 348.601.
  SECTION 2. ORS 326.075 is amended to read:
  326.075. (1) The State Board of Education shall cooperate with
the Education and Workforce Policy Advisor in the development of
a state comprehensive education plan including elementary,
secondary and community college education and in review of the
board's programs and budget. The board shall submit in timely
fashion to the advisor such data as is appropriate in a form
prescribed by the advisor.
  (2) The board shall cooperate with the mediation process
administered by the Oregon Student Assistance Commission pursuant
to ORS 348.603 and, if a negotiated resolution cannot be reached
by mediation, comply with the decisions of the commission
regarding proposed new post-secondary  { + degree + } programs
and proposed new post-secondary  { + degree + } locations.
  SECTION 3. ORS 351.203 is amended to read:
  351.203. (1) The State Board of Higher Education shall
cooperate with the Education and Workforce Policy Advisor in the
development of a state comprehensive education plan including
post-secondary education and in review of the board's programs
and budget. The board shall submit in timely fashion to the
advisor such data as is appropriate in a form prescribed by the
advisor.
  (2) The board shall cooperate with the mediation process
administered by the Oregon Student Assistance Commission pursuant
to ORS 348.603 and, if a negotiated resolution cannot be reached
by mediation, comply with the decisions of the commission
regarding proposed new post-secondary  { + degree  + }programs
and proposed new post-secondary  { + degree + } locations,
including those proposed by Oregon Health and Science University
in cooperation with the board under ORS 353.440.
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