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
 
                         House Bill 3117
 
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 as
introduced.
 
  Exempts certain programs from mediation and negotiated
resolution requirements for proposed publicly funded
post-secondary programs that would have significant adverse
impact.
 
                        A BILL FOR AN ACT
Relating to post-secondary education programs; amending ORS
  348.603.
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;
  (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, 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) The requirement for resolution and mediation as a
result of a significant adverse impact, as described in paragraph
(a)(B) of this subsection, does not apply to:
  (A) A program offered by a community college to provide a
certificate for a contained grouping of credits within an
associate degree program or a similar certification program; or
 
  (B) A program that provides skills or training for an
occupation that the Employment Department has identified as
having greater than the median number of total openings for the
state or a region. + }
    { - (b) - }   { + (c) + } 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) - }   { + (d) + } 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) - }   { + (e) + } 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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