Chapter 328 Oregon Laws 2009

AN ACT

HB 3117

Relating to post-secondary education programs; creating new provisions; and amending ORS 348.603.

Be It Enacted by the People of the State of Oregon:

SECTION 1. Section 2 of this 2009 Act is added to and made a part of ORS 348.594 to 348.615.

SECTION 2. (1) As used in this section:

(a) “Career pathways certificate of completion program” means a certification program that:

(A) Is offered at a community college;

(B) Provides a specified proficiency in specific skills to meet an identified employment need;

(C) Is provided in a grouping of 12 to 44 quarter credits, or an equivalent number of credits;

(D) Is wholly contained within an associate degree program or a similar certification program of 45 or more quarter credits, or an equivalent number of credits, that was reviewed and approved as provided by ORS 348.603 (2); and

(E) Satisfies the requirements for a career pathways certificate of completion program, as prescribed by the Department of Community Colleges and Workforce Development.

(b) “Program authority” means:

(A) The governing body of a community college; or

(B) The designee of the governing body of a community college that has authority related to the offering of a career pathways certificate of completion program at the community college.

(2)(a) At least 30 business days prior to a community college seeking final approval from the State Board of Education to offer a new career pathways certificate of completion program, the program authority shall provide notice of intent to offer the program to the Department of Community Colleges and Workforce Development. The notice of intent must be in the form required by the department and may be provided electronically.

(b) Upon receiving a notice of intent described in paragraph (a) of this subsection, the department shall immediately provide electronic notice to any private institution that may be affected by the offering of a new career pathways certificate of completion program.

(3) A private institution that objects to the offering of a career pathways certificate of completion program must provide a notice of objection to the program authority within 12 business days of receiving the notice of intent under subsection (2) of this section.

(4) If a program authority receives a notice of objection as provided by subsection (3) of this section, the program authority must:

(a) Within three business days after the last date by which a private institution may provide a notice of objection, offer all private institutions that provided a notice of objection the opportunity to participate in a meeting described in subsection (5) of this section; and

(b) Postpone the seeking of final approval from the State Board of Education for the career pathways certificate of completion program until the requirements of subsection (6) of this section have been satisfied.

(5)(a) A community college that provided a notice of intent under subsection (2) of this section and a private institution that provided a notice of objection under subsection (3) of this section shall participate in a meeting for the purpose of avoiding detrimental duplication or a significantly adverse impact by:

(A) Identifying opportunities for collaboration in programs;

(B) Forming agreements or partnerships for offering programs; or

(C) Developing ideas for modifying programs.

(b) The program authority or the private institution may invite the Oregon Student Assistance Commission or any other third party to join a meeting or to act as a mediator of a meeting.

(6) A program authority may seek final approval from the State Board of Education for a program following a postponement described in subsection (4) of this section if:

(a) An agreement is reached between the program authority and all of the private institutions that participated in the meeting described in subsection (5) of this section; or

(b) The program authority and the private institutions that participated in the meeting described in subsection (5) of this section are unable to reach an agreement within 15 business days.

(7) Notwithstanding the timelines prescribed by subsections (3), (4) and (6) of this section, the program authority and the private institutions may mutually agree to adjust the timelines.

SECTION 3. 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;

(d) Terminate substandard or fraudulent degree activities;

(e) Terminate activities of diploma mills operating in or from Oregon;

(f) Except as provided in subsection (4) of this section, terminate the operation in or from Oregon of post-secondary accrediting bodies that are not recognized by the United States Department of Education or by the commission; and

(g) 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 that is not a career pathways certificate of completion program described in section 2 of this 2009 Act, 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 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 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 program or location. If the boards do not resolve the issue, the commission shall approve or disapprove the program or 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 program or 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.

(4) Subsection (1)(f) of this section does not apply to a body the role of which is to accredit schools that offer only associate, bachelor’s or master’s degrees with titles in theology or religious occupations or, if the schools also offer doctoral degrees, offer doctoral degrees only in theology or religious occupations that have been approved by a federally recognized accrediting organization.

Approved by the Governor June 17, 2009

Filed in the office of Secretary of State June 17, 2009

Effective date January 1, 2010

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