75th OREGON LEGISLATIVE ASSEMBLY--2009 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 2446
A-Engrossed
House Bill 3117
Ordered by the House April 30
Including House Amendments dated April 30
Sponsored by Representative DEMBROW; Representatives BOONE, CLEM,
KOTEK, ROBLAN, J SMITH, Senator ROSENBAUM
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.
{ - Exempts certain programs from mediation and negotiated
resolution requirements for proposed publicly funded
post-secondary programs that would have significant adverse
impact. - }
{ + Requires community college seeking approval from State
Board of Education to offer new career pathways certificate of
completion program to give notice to Department of Community
Colleges and Workforce Development of intent to offer program.
Requires private institution that objects to implementation of
program to give notice of objection to community college. Creates
procedures by which community colleges and private institutions
may give notice and meet to discuss program. + }
A BILL FOR AN ACT
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 notice of intent.
(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;
(c) Validate claims of degree possession;
(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.
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