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 792
B-Engrossed
Senate Bill 334
Ordered by the House May 15
Including Senate Amendments dated April 5 and House Amendments
dated May 15
Sponsored by Senator SCHRADER; Senators DEVLIN, WALKER (at the
request of Governor Theodore R. Kulongoski) (Presession filed.)
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.
{ - Changes Oregon Opportunity Grant to Oregon Shared
Responsibility Opportunity Grant. - } Directs Oregon Student
Assistance Commission to base method of determining state share
of education costs on student share, family share and amount
expected from federal government. Changes method of determining
cost of education for purposes of determining amount of
{ + Oregon Opportunity + } grants.
Applies to students who first attend eligible post-secondary
institution on or after July 1, 2008.
A BILL FOR AN ACT
Relating to student assistance; creating new provisions; and
amending ORS 348.180, 348.183, 348.205, 348.260, 348.520 and
411.894.
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 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 Oregon Health and Science University; or
(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 Oregon's
citizens, families and economy of encouraging talented and
hardworking students to stay in Oregon to pursue a post-secondary
education.
{ - (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 Oregon institution
of higher education; and - }
{ - (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 Oregon Student
Assistance Commission + }. { - Oregon Opportunity Grants
awarded under this program shall be a uniform percentage of the
student's financial need as determined in ORS 348.260 (1)(b). - }
{ + (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 may consider the total amount available to award as
grants to all qualified students. + }
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
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 eligible post-secondary
institutions and the family's ability to contribute. - }
{ + (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.
{ - (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 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 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 Oregon
Opportunity Grant program, report to the Legislative Assembly or
the Emergency Board any proposed change:
(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 Oregon.
{ - (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 Oregon JOBS Individual Education Account is
established to improve the position of JOBS Plus participants in
the workforce by increasing their access to continuing education.
Employer contributions to the account under this section shall be
used to pay for education expenses for the individual as provided
in subsection (2) of this section.
(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 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 Oregon Revised Statutes; or
(B) ORS 348.180, 348.183, 348.205 and 348.260 as amended by
sections 1 to 4 of this 2007 Act.
(b) This subsection applies only to those students who remain
qualified as defined by rule of the Oregon Student Assistance
Commission. + }
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