Chapter 344 — Career and Technical Education; Rehabilitation; Adult Literacy

2011 EDITION

CAREER EDUCATION; REHABILITATION; ADULT LITERACY

EDUCATION AND CULTURE

CAREER AND TECHNICAL EDUCATION

344.055 Policy on career and technical education and employment training

344.058 Frontier Learning Network program; grant

344.070 Revolving accounts for federally sponsored education or training; advances; uses; rules

344.075 Career and Technical Education Revitalization Grant Program; rules

344.080 Reimbursement vouchers; accounts and records; bond

344.090 Procedure when training and educational programs are no longer needed, or when advances are improperly handled or accounted for

344.100 Acceptance of provisions of federal Act

344.120 Payment of claims approved by board

344.125 Collaboration by state agencies on issues related to career and technical education; joint report

344.130 Cooperation by district school boards to establish career and technical education

COORDINATION OF CONTINUING EDUCATION

344.257 Definition of “continuing education”

344.259 Coordination of continuing education

VOCATIONAL REHABILITATION AND TRAINING

344.511 Definitions for ORS 344.511 to 344.690 and 344.710 to 344.730

344.530 Department of Human Services rehabilitation duties; rules

344.540 Federal cooperation

344.550 Eligibility for and extent of rehabilitation services

344.555 Training under apprenticeship program

344.557 Eligible vocational training schools and programs

344.560 Application; form

344.570 Action upon application

344.580 Payments exempt from process

344.590 Appeal and hearing

344.600 Unauthorized use of official rehabilitation data

344.620 State Vocational Rehabilitation Account; federal funds; custody and disbursement; records

344.630 Gifts for rehabilitation purposes

344.685 Vocational Rehabilitation Revolving Fund

344.690 Advances to fund from account; repayment

REHABILITATION FACILITIES

344.710 Rehabilitation facility defined

344.720 Establishment of rehabilitation facilities; application; approval

344.730 Financial report

344.735 State advisory committee; members; duties

YOUTH APPRENTICESHIP, TRAINING AND WORK BASED LEARNING PROGRAMS

344.745 Youth apprenticeship, training and work based learning programs; number of participants; qualifications; guidelines; credit

344.750 Ratios of apprentices or trainees; rules; workers’ compensation coverage required; wages; hours; removal

344.753 Employers eligible for reimbursement for costs of training programs; education service credits

344.755 Loss of eligibility for tax credit and for program participation

344.757 Gifts and grants

ADULT LITERACY

344.760 Legislative findings on adult literacy

344.765 Establishment of literacy coalitions by community colleges

344.770 Short title

REHABILITATION OF WORKERS

344.840 Career and technical instruction in public schools; reimbursement

344.850 Reimbursements to Department of Human Services

344.010 [Repealed by 1959 c.641 §38]

344.020 [Repealed by 1959 c.641 §38]

344.030 [Repealed by 1959 c.641 §38]

344.040 [Repealed by 1959 c.641 §38]

344.050 [Repealed by 1959 c.641 §38]

CAREER AND TECHNICAL EDUCATION

344.055 Policy on career and technical education and employment training. It shall be the policy on career and technical education and employment training in this state that:

(1) Accessibility to career and technical education programs should be facilitated. Individuals should have a choice of training opportunities for which they are qualified and from which they can benefit. Such opportunities should be available from school districts, community colleges, federal and state workforce training programs, private career and technical education schools, apprenticeship programs and institutions of higher education. The student should have easy access to training with the flexibility to move in and out of programs as needs indicate. Opportunities should be available for all individuals to obtain the skills and knowledge needed for initial employment as well as for occupational upgrading and job changes.

(2) State and local planning and program operations should be coordinated to provide the most efficient use of federal, state, local and private resources.

(3) A comprehensive system of education and employment training should be developed. Secondary schools should provide an educational program that balances the educational skills of reading, writing, speaking, computation and reasoning ability, occupational skills including technical knowledge, manipulative ability and other skills required to perform job tasks and employment skills such as job seeking, work attitude, work adjustment and job-coping abilities. Community colleges should provide comprehensive programs in both academic and career and technical education subjects. In addition, community colleges should provide short-term training designed for specific occupations, related training for apprenticeships and opportunities for employed persons to improve their skills. Other providers of employment training should compliment this effort with programs aimed at specific job training.

(4) Full working partnerships among education, business, industry, labor, government and agriculture should be developed to meet employer needs for a skilled workforce and to promote employee job satisfaction. Such partnerships should be fostered by promoting efforts such as work site training stations, lending or donating of equipment to training programs, employee-teacher exchange programs, advisory committees and cooperative work experience programs. All segments of the community should be encouraged to assist in career and technical education.

(5) Federal, state, local and private funding resources should be combined to ensure the development and implementation of quality programs. Both the governmental and private sectors should make a commitment to career and technical education as an investment that will help bring about economic development and stability as well as high social and financial returns. Improvement of existing training programs, as opposed to development of duplicative or parallel efforts, should be utilized to promote flexibility and economy in the design and delivery of career and technical education.

(6) High quality career and technical education requires an adequate supply of well prepared teachers and support personnel. Provisions should be made for the formal preparation of teachers and for the recruitment of teachers from business and industry. Programs should be designed and implemented to ensure that teachers remain current in their areas of expertise, and instructors should be encouraged to return to business and industry to gain additional experience in their fields. To promote retention of qualified personnel, institutions preparing and licensing teachers and agencies employing teachers should allow credit for relevant career and technical education experiences.

(7) Career and technical education programs and other employment training programs should be developed, operated and evaluated jointly with representatives of the career and technical education instructional areas included in the programs. Evaluation of efforts should consider the cost effectiveness of the program both for society and the state.

(8) Each student’s academic, career and technical education and employment skills should be assessed upon entering so that proper placement in the educational program can occur. Credit should be given for prior education, work experience and community service. Assessments to determine progress, competency attainment and needed corrective action should be made on a periodic basis. Assistance in obtaining employment and follow-through services to help students succeed on the job should be provided.

(9) Provisions should be made to meet the needs of women, minorities, disadvantaged or persons with disabilities and others who have special training needs. Special curricula, facilities, equipment, counseling and instruction should be provided as necessary. The agencies and institutions serving these groups should coordinate use of the available resources to provide cost effective services.

(10) Career and technical education provides the learning experience needed to make effective career choices and to develop the attitudes, knowledge and skills that enable persons to perform successfully in the producer role and to assist them in other related life roles. It progresses through the steps of awareness and exploration of work, preparation for a broad range of occupations and specialization in a specific occupation.

(11) Career and technical education is taught at the secondary school level, in post-secondary career and technical education institutions, community colleges and apprenticeship programs and may continue through skill upgrading or retraining for a new career. [1981 c.756 §1; 1993 c.45 §243; 2005 c.22 §238; 2009 c.94 §16]

344.058 Frontier Learning Network program; grant. Each biennium, in addition to and not in lieu of any other moneys, the Department of Education shall award a grant to the Frontier Learning Network career and technical education program. The grant may be used for:

(1) Mobile classrooms;

(2) Developing information and technical systems;

(3) Creating and implementing curricula;

(4) Capital improvements;

(5) Teachers and technical staff;

(6) Distance learning communications expenses; and

(7) Special project materials. [1999 c.1028 §1; 2005 c.22 §239; 2009 c.94 §17]

344.060 [Amended by 1959 c.641 §35; repealed by 1965 c.100 §456]

344.070 Revolving accounts for federally sponsored education or training; advances; uses; rules. (1) The Oregon Department of Administrative Services may draw warrants upon any state fund to which federal funds for training or education have been credited, in payment of vouchers approved by the Superintendent of Public Instruction or the Commissioner for Community College Services pursuant to rules of the State Board of Education, in favor of school districts, education service districts and community college districts, for such sums, not exceeding $100,000 for a single district in the aggregate, as the state board, by rule, shall determine. The warrants, upon delivery thereof to the districts, shall constitute advances from state funds to enable the districts more readily to effectuate the purposes set forth in any federal law or regulation pertaining to career and technical education or other education or training sponsored by the federal government.

(2) The districts to which moneys are advanced shall be responsible for the full repayment to the state of all sums advanced. The advances are not within any limitation upon indebtedness prescribed by law for districts. The moneys advanced to districts may not exceed in the aggregate the moneys to the credit of the state fund from which they are paid, and shall constitute advances to the recipient district in anticipation of verified vouchers to be supplied therefor. The advances are to be used as revolving funds for the payment of the costs of career and technical education programs. The advances shall be made only in those cases in which the federal government defrays all or part of the cost of such programs. [Amended by 1965 c.100 §435; 1965 c.102 §1; 1983 c.740 §109; 1989 c.491 §48; 1993 c.45 §244; 2009 c.94 §18]

344.075 Career and Technical Education Revitalization Grant Program; rules. (1) The Career and Technical Education Revitalization Grant Program is established within the Department of Education.

(2) Subject to the availability of funds, the department shall award grants each biennium to school districts, education service districts, public schools or public charter schools, or any combination thereof, for the uses described in subsection (3) of this section.

(3) Grants received under this section must be used to enhance the collaboration between education providers and employers by:

(a) Developing or enhancing career and technical education programs of study;

(b) Expanding the professional growth of and career opportunities for students through career and technical education programs;

(c) Assessing the ability of each career and technical education program to meet workforce needs and give students the skills required for jobs in this state that provide high wages and are in high demand; and

(d) Supporting the achievement of the high school diploma requirements established under ORS 329.451.

(4) Any school district, education service district, public school or public charter school, or any combination thereof, may apply for a grant under this section.

(5)(a) The department shall award grants based on the ability of the applicant to use a grant as described in subsection (3) of this section.

(b) In addition to the requirement of paragraph (a) of this subsection, the department shall give priority to:

(A) Awarding grants to applicants so that the grants awarded represent a diverse number of students served and a diverse selection of geographic locations; and

(B) Applicants that have received commitments from business, industry, labor or education providers to enhance collaboration and to provide resources for any collaborative efforts.

(c) For the purpose of awarding grants, the department shall jointly convene with the Bureau of Labor and Industries a committee that represents business, industry, labor and education providers for the purpose of reviewing applications for grants and recommending determinations on the applications.

(6) The State Board of Education may adopt any rules necessary for the implementation of this section.

(7) The department may pay the expenses incurred by the department in administering this section out of moneys that are available to the department for purposes of awarding grants under this section. For each biennium, the department may spend on administrative expenses an amount that does not exceed five percent of the total amount of moneys available to the department during the biennium for purposes of awarding grants under this section. [2011 c.682 §7]

344.080 Reimbursement vouchers; accounts and records; bond. (1) All reimbursement vouchers for claims paid from the revolving funds mentioned in ORS 344.070 shall be approved by the Superintendent of Public Instruction or the Commissioner for Community College Services pursuant to rules of the State Board of Education. When vouchers are so approved, warrants covering the same shall be drawn by the Oregon Department of Administrative Services, payable from the appropriate fund, and be used to reimburse the revolving funds.

(2) The districts receiving such advances shall maintain their accounts and records so as to disclose at all times the true status of the unpaid vouchers issued for the reimbursement of the funds, the district warrants drawn against the funds advanced and the balances to the credit thereof.

(3) The revolving funds and accounts shall be subject to examination and audit by the state in the manner provided by law for other state funds and accounts. The State Board of Education may require an audit of the revolving accounts and shall take proper precautions as to the safety of, and accountability for, all funds advanced.

(4) The State Board of Education may require the filing with it of a bond of a corporate surety duly licensed to transact business in this state to insure the proper handling of and responsibility for any funds advanced. The bond shall be cumulative and supplemental to fidelity insurance coverage already held by the district concerned. The state may have recourse to any and all fidelity bonds of clerks or other financial officers of the district to protect such advances. [Amended by 1983 c.740 §110; 1989 c.491 §49; 1993 c.45 §245]

344.090 Procedure when training and educational programs are no longer needed, or when advances are improperly handled or accounted for. When it appears to the Superintendent of Public Instruction or the Commissioner for Community College Services that the training and educational programs for which funds are advanced under ORS 344.070 have been completed, or that the need for such advances or revolving funds no longer exists, or that the sums advanced are not being properly handled or accounted for, the superintendent or commissioner may require that all or part of the amounts advanced to any district shall be returned, with any interest earned, to the state funds or accounts from which the amounts originally were withdrawn. Upon receipt of notification from the superintendent or commissioner that funds advanced are to be returned, the district concerned shall immediately repay the same to the State Treasurer, for credit to the proper fund or account. To the extent that funds advanced are so repaid, security or protection theretofore required by the State Board of Education under ORS 344.080 (4) to insure the safety of such funds may be released. [Amended by 1989 c.491 §50; 1993 c.45 §246]

344.100 Acceptance of provisions of federal Act. The State of Oregon hereby accepts all provisions and benefits of an Act of Congress with the stated purpose: “To make the United States more competitive in the world economy by developing more fully the academic and occupational skills of all segments of the population. This purpose will principally be achieved through concentrating resources on improving educational programs leading to academic and occupational skill competencies needed to work in a technologically advanced society.” [Amended by 1993 c.45 §247]

344.110 [Amended by 1989 c.491 §51; repealed by 1993 c.45 §248]

344.120 Payment of claims approved by board. All lawfully incurred claims duly approved pursuant to rules of the State Board of Education, including all claims to be paid from the moneys received by the state from the federal government for career and technical education purposes and for which the State Treasurer is custodian shall be paid as provided in ORS 293.295 to 293.462. The Oregon Department of Administrative Services shall draw warrants on the State Treasurer in payment thereof out of the proper appropriations or funds. [Amended by 1983 c.740 §111; 1989 c.491 §52; 1993 c.45 §249; 2009 c.94 §19]

344.125 Collaboration by state agencies on issues related to career and technical education; joint report. (1) Representatives from the Department of Education, the Department of Community Colleges and Workforce Development and the Bureau of Labor and Industries shall meet at least four times each year for the purpose of promoting collaboration between the agencies on issues related to career and technical education.

(2) Issues to be addressed by the agencies shall include the development and implementation of long-term goals that:

(a) Ensure that career and technical education programs are available at the public schools of this state, are founded on partnerships with business and industry and receive appropriate investments of time, money and other resources.

(b) Develop regional centers of partnerships between public schools, community colleges, state institutions of higher education, businesses, unions and other entities and ensure that every student of this state has access to a regional center in person or online.

(c) Implement accelerated college credit programs that allow students to move seamlessly from public schools to post-secondary education or training to the workforce.

(d) Increase professional development opportunities for teachers and learning opportunities for students through industry mentorships, internships, summer programs, after-school programs and career-based student leadership opportunities.

(e) Establish partnerships between public and private entities for the purpose of educating students, parents, teachers, school advisors, policymakers and the general public about the benefits and opportunities related to career and technical education.

(3) The agencies identified in subsection (1) of this section shall make a joint report each year to the appropriate legislative committees concerning progress on the development and implementation of the goals described in subsection (2) of this section and may submit recommendations for legislation that will promote opportunities related to career and technical education. [2011 c.682 §6]

344.130 Cooperation by district school boards to establish career and technical education. Any district school board may cooperate with the State Board of Education in establishment of career and technical education schools or classes giving instruction in agricultural subjects, the trade or industrial subjects, or in home economics subjects, and may use any moneys raised by public taxation in the same manner as moneys for other school purposes are used for the maintenance and support of public schools. [Amended by 1993 c.45 §250; 2009 c.94 §20]

344.140 [Repealed by 1979 c.570 §4]

344.150 [1955 c.632 §2; 1959 c.641 §36; repealed by 1961 c.596 §7]

344.205 [1975 c.637 §1; 1977 c.227 §1; 1993 c.45 §251; repealed by 1997 c.652 §63]

344.215 [1975 c.637 §8; repealed by 1993 c.45 §252]

344.225 [1975 c.637 §2; 1977 c.227 §2; 1993 c.45 §253; repealed by 1997 c.652 §63]

344.235 [1975 c.637 §3; 1977 c.227 §3; 1993 c.45 §254; repealed by 1997 c.652 §63]

344.245 [1975 c.637 §5; 1977 c.227 §4; 1993 c.45 §255; repealed by 1997 c.652 §63]

344.255 [1975 c.637 §6; 1977 c.227 §5; repealed by 1993 c.45 §256]

COORDINATION OF CONTINUING EDUCATION

344.257 Definition of “continuing education.” (1) For the purposes of ORS 344.259, “continuing education” means organized instruction to serve the needs of post-secondary students, including but not limited to:

(a) Courses as offered to the regular full-time resident post-secondary student consisting of professional preparatory courses and professional supplementary, technical, academic and professional courses;

(b) Developmental education, consisting of adult basic education, high school completion courses for a high school diploma, instruction to pass the General Educational Development (GED) tests, English as a second language instruction, and remedial instruction;

(d) Hobby and recreation activities.

(2) “Continuing education” for a community college is limited to instruction within district boundaries and instruction outside district boundaries offered under contract. [Formerly 348.450; 1997 c.11 §7; 1997 c.230 §1; 1997 c.249 §107]

344.259 Coordination of continuing education. (1) The State Board of Education shall coordinate continuing education in lower division, developmental, adult self-improvement, professional and technical education for agencies under its regulatory authority. The State Board of Higher Education shall coordinate continuing education in upper division and graduate education for public universities under its jurisdiction.

(2) When significantly adverse impact is alleged by one or more of the agencies listed in this subsection, the affected parties jointly shall provide for written agreements. These agreements shall allocate responsibility for planning and providing continuing education or off-campus instruction in specific areas or by specific types. The agencies are:

(a) The State Board of Education.

(b) The State Board of Higher Education.

(d) Independent colleges.

(e) Proprietary schools.

(3) In the event the affected parties fail to reach a written agreement within 120 days following receipt of written notice of the allegation, either party may request the Education and Workforce Policy Advisor to review and to recommend resolution.

(4) Nothing in this section prohibits the offering of upper division or graduate programs within 30 miles of the campus of the Oregon University System university offering the program, or the offering of lower division programs within 30 miles of the campus offering the program in areas outside a community college district. Such programs are entitled to the same college credit and financial support as programs offered on the campus of the university. [Formerly 348.460; 1997 c.652 §31; 2003 c.14 §152; 2009 c.762 §62; 2011 c.637 §130]

344.305 [1989 c.961 §1; renumbered 285.200 (1) to (3) in 1991]

344.309 [1989 c.961 §2; 1991 c.668 §5; renumbered 285.243 in 1991]

344.310 [Amended by 1957 c.389 §1; subsection (2) of 1957 Replacement Part enacted as 1957 c.389 §2; repealed by 1959 c.566 §8]

344.314 [1957 c.389 §3; repealed by 1959 c.566 §8]

344.315 [1989 c.961 §3; repealed by 1991 c.667 §17 and 1991 c.668 §17]

344.316 [1957 c.389 §3; repealed by 1959 c.566 §8]

344.318 [1957 c.389 §15; repealed by 1959 c.566 §8]

344.319 [1989 c.961 §4; renumbered 285.205 in 1991]

344.320 [Repealed by 1957 c.389 §17]

344.322 [1957 c.389 §8; repealed by 1959 c.566 §8]

344.323 [1989 c.961 §5; renumbered 285.223 in 1991]

344.324 [1957 c.389 §§4,5; repealed by 1959 c.566 §8]

344.325 [1989 c.961 §6; renumbered 285.225 in 1991]

344.326 [1957 c.389 §6; repealed by 1959 c.566 §8]

344.328 [1957 c.389 §10; repealed by 1959 c.566 §8]

344.329 [1989 c.961 §7; renumbered 285.227 in 1991]

344.330 [Repealed by 1959 c.566 §8]

344.335 [1989 c.961 §8; renumbered 285.230 in 1991]

344.339 [1989 c.961 §9; renumbered 285.233 in 1991]

344.340 [Repealed by 1959 c.566 §8]

344.343 [1989 c.961 §10; renumbered 285.235 in 1991]

344.345 [1953 c.722 §1; repealed by 1959 c.566 §8]

344.347 [1989 c.961 §11; renumbered 285.237 in 1991]

344.350 [Repealed by 1959 c.566 §8]

344.355 [1989 c.961 §12; renumbered 285.240 in 1991]

344.360 [Repealed by 1959 c.566 §8]

344.370 [1957 c.389 §11; repealed by 1959 c.566 §8]

344.375 [1957 c.389 §12; repealed by 1959 c.566 §8]

344.380 [1957 c.389 §13; repealed by 1959 c.566 §8]

344.390 [1957 c.389 §9; repealed by 1959 c.566 §8]

344.400 [1957 c.389 §14; repealed by 1959 c.566 §8]

344.410 [1957 c.389 §7; repealed by 1959 c.566 §8]

VOCATIONAL REHABILITATION AND TRAINING

344.510 [Amended by 1963 c.522 §1; repealed by 1965 c.100 §436 (344.511 enacted in lieu of 344.510)]

344.511 Definitions for ORS 344.511 to 344.690 and 344.710 to 344.730. As used in ORS 344.511 to 344.690 and 344.710 to 344.730:

(1) “Department” means the Department of Human Services.

(2) “Director” means the Director of Human Services.

(3) “Individual with a disability” means an individual who has a substantial occupational handicap due to a physical or mental condition except blindness.

(4) “Individual with a severe disability” means an individual with a disability who, because of the nature of disabilities, is not able to participate fully in competitive employment, and for whom specialized employment opportunities must be provided.

(5) “Maintenance” means money payments, during vocational rehabilitation, to individuals with occupational handicaps found to require financial assistance with respect thereto in order to effectuate the vocational rehabilitation of such individuals.

(6) “Occupational handicap” means a physical or mental condition other than blindness which, regardless of its origin, constitutes, contributes to, or, if not corrected, will probably result in, an obstruction to occupational performance or the condition of being an untrained individual.

(7) “Occupational licenses” means any license, permit or other written authority required by any governmental unit to be obtained in order to engage in any occupation.

(8) “Occupational tools, equipment and supplies” means such customary implements, appliances, apparatus, fixtures and materials as are necessary for the successful prosecution of the employment objective of an individual with an occupational handicap.

(9) “Physical restoration” means any medical, surgical or therapeutic treatment necessary to correct or substantially modify an individual’s occupational handicap within a reasonable length of time. The term includes but is not limited to medical, psychiatric, dental and surgical treatment, nursing services, hospital and convalescent home care, medical and surgical drugs and supplies, and prosthetic appliances, excluding curative treatment for acute or transitory conditions.

(10) “Prosthetic appliance” means any artificial appliance designed to support or take the place of a part of the body or to increase the acuity of a sense organ.

(11) “Rehabilitation training” means all training provided, directly or through public or private instrumentalities, to an individual to compensate for the occupational handicap of the individual. The term includes but is not limited to manual, preconditioning, prevocational, vocational, vocational rehabilitation and supplementary training and training provided for the purpose of achieving broader and more remunerative skills and capacities.

(12) “Untrained individual” means any person without mental or physical disability who has a substantial occupational handicap due to lack of occupational training, experience, skills or other factors and who is receiving and, in the opinion of the Department of Human Services, probably will continue to receive public assistance because of the occupational handicap of the individual.

(13) “Vocational rehabilitation” and “vocational rehabilitation services” mean any services necessary to enable an individual with an occupational handicap to engage in a remunerative occupation and include, but are not limited to, medical and vocational diagnoses, vocational guidance, counseling and placement, rehabilitation training, physical restoration, transportation, occupational licenses, occupational tools, equipment and supplies, maintenance and training books, supplies and materials.

(14) “Vocational rehabilitation training” means skill training in which the basis and focus of the training are individualized or customized. “Vocational rehabilitation training” may include a focus on disability-related issues as those issues impact the skill training.

(15) “Vocational training” means occupational or skill training. [1965 c.100 §437 (enacted in lieu of 344.510); 1967 c.552 §1; 1969 c.597 §160; 1969 c.614 §1; 2001 c.900 §56; 2007 c.70 §108; 2007 c.209 §3]

344.520 [Amended by 1967 c.552 §2; 1969 c.597 §161; 1999 c.59 §90; repealed by 2001 c.900 §261]

344.525 [1967 c.552 §11; 1969 c.597 §162; 1983 c.740 §112; 2001 c.104 §119; repealed by 2001 c.900 §261]

344.527 [1969 c.597 §164; repealed by 2001 c.900 §261]

344.530 Department of Human Services rehabilitation duties; rules. Notwithstanding any other provisions of the law, the Department of Human Services shall perform the following vocational rehabilitation functions:

(1) Establish and enforce such rules as may be necessary to:

(a) Carry out ORS 344.511 to 344.690 and 344.710 to 344.730; and

(b) Safeguard the confidential character of vocational rehabilitation information and records.

(2) Cooperate with public and private departments, agencies and institutions in:

(a) Providing for the vocational rehabilitation of individuals with occupational handicaps;

(b) Studying the problems involved therein; and

(c) Establishing, developing and providing, in conformity with ORS 344.511 to 344.690 and 344.710 to 344.730, such programs, facilities and services as may be necessary.

(3) Enter into reciprocal agreements with other states relative to the provision of vocational rehabilitation to residents of the states concerned.

(4) Conduct research and compile statistics relating to the vocational rehabilitation of individuals with occupational handicaps.

(5) Encourage and assist individuals with severe disabilities in the establishment, maintenance and conduct of appropriate home industries within their capacities and in the promotion of the sale and distribution of the products of such home industries. All funds collected or received from such activities shall be deposited in a permanent special fund in the State Treasury and shall be used for the operation of such home industries as determined by the department.

(6) For rehabilitation facilities:

(a) Establish, conduct and maintain facilities necessary for the sheltered employment of individuals with severe disabilities;

(b) Pay the individuals employed in the facilities suitable wages;

(d) Devise a subsidy program, and include a plan for its funding in each biennial budget submitted to the Legislative Assembly; and

(e) Take such other action as may be necessary to ensure the successful operation of the facilities established.

(7) Deposit in the State Vocational Rehabilitation Account all funds collected or received from activities described in subsection (6) of this section, which shall be used for the operation of facilities necessary for the sheltered employment of individuals with severe disabilities as determined by the department.

(8) Take such other action as may be necessary to carry out ORS 344.511 to 344.690 and 344.710 to 344.730. [Amended by 1963 c.522 §2; 1965 c.100 §438; 1967 c.552 §3; 1969 c.597 §165; 1971 c.617 §1; 1989 c.224 §55; 1991 c.93 §5; 1991 c.122 §10; 2001 c.900 §57; 2005 c.755 §21; 2007 c.70 §109]

344.540 Federal cooperation. The Department of Human Services:

(1) Shall cooperate with the federal government in carrying out the purposes of any federal Act pertaining to vocational rehabilitation, and in related matters of mutual concern, including the adoption of methods of administration found by the federal government to be necessary for the efficient operation of plans for vocational rehabilitation.

(2) May apply for federal funds and accept and enter into any contracts or agreements in behalf of the state for the receipt of such funds from the federal government or its agencies for vocational rehabilitation purposes. [Amended by 1965 c.100 §439; 1967 c.552 §4; 1969 c.597 §166]

344.550 Eligibility for and extent of rehabilitation services. (1) Vocational rehabilitation services shall be provided to any individual with a disability:

(a) Who is in the state and files an application therefor and who is not in the state for the sole purpose of receiving vocational rehabilitation services.

(b) Who is eligible for vocational rehabilitation service under the terms of an agreement with another state or with the federal government.

(2) Except as otherwise provided by law or as specified in any agreement with the federal government with respect to classes of individuals certified by the Department of Human Services, the following rehabilitation services shall be provided at public cost only to individuals with disabilities found to require financial assistance with respect thereto:

(a) Physical restoration.

(b) Transportation not provided to determine the eligibility of the individual for vocational rehabilitation services and the nature and extent of the services necessary.

(d) Customary occupational tools and equipment.

(e) Maintenance.

(f) Training books and materials. [Amended by 1965 c.100 §440; 1967 c.552 §5; 1969 c.614 §2; 2005 c.22 §240; 2007 c.70 §110]

344.555 Training under apprenticeship program. (1) When an individual with an occupational handicap is to be trained as an apprentice as defined in ORS 660.010, or in a trade or craft for which training standards are established under ORS 660.002 to 660.210, the training is subject to the provisions of ORS 660.002 to 660.210, and shall be under the jurisdiction of the State Apprenticeship and Training Council in cooperation with the Department of Human Services.

(2) This section is not intended to limit any necessary financial assistance to which or for which an individual with an occupational handicap would otherwise be entitled under ORS 344.550. [1963 c.522 §9; 2009 c.11 §43]

344.557 Eligible vocational training schools and programs. (1) The Department of Human Services may refer a person for vocational training only to the following schools or programs:

(a) A school that has accreditation recognized by the United States Department of Education.

(b) A school that has been approved by the Higher Education Coordinating Commission to offer and confer degrees in Oregon.

(d) A public university listed in ORS 352.002.

(e) The Oregon Health and Science University.

(f) A career school licensed under ORS 345.010 to 345.450.

(g) An apprenticeship program that is registered with the State Apprenticeship and Training Council.

(2) This section does not apply to vocational rehabilitation training. [2007 c.209 §2; 2011 c.637 §§131,131a]

Note: The amendments to 344.557 by section 131a, chapter 637, Oregon Laws 2011, become operative July 1, 2012. See section 292, chapter 637, Oregon Laws 2011. The text that is operative until July 1, 2012, including amendments by section 131, chapter 637, Oregon Laws 2011, is set forth for the user’s convenience.

344.557. (1) The Department of Human Services may refer a person for vocational training only to the following schools or programs:

(a) A school that has accreditation recognized by the United States Department of Education.

(b) A school that has been approved by the Oregon Student Access Commission through the Office of Degree Authorization to offer and confer degrees in Oregon.

(d) A public university listed in ORS 352.002.

(e) The Oregon Health and Science University.

(f) A career school licensed under ORS 345.010 to 345.450.

(g) An apprenticeship program that is registered with the State Apprenticeship and Training Council.

(2) This section does not apply to vocational rehabilitation training.

344.560 Application; form. Applications for vocational rehabilitation under ORS 344.550 shall be made in such manner and form and contain such information as the Director of Human Services may require.

344.570 Action upon application. Whenever the Department of Human Services receives an application for vocational rehabilitation under ORS 344.560, it shall promptly cause to be obtained and recorded, with respect to such applicant, all essential, pertinent information concerning the circumstances, health condition, vocational aptitudes and experience of the applicant, and such other information as may be necessary for the determination of the eligibility of the applicant and of the nature and amount of vocational rehabilitation services needed.

344.573 [1963 c.522 §7; 1971 c.779 §5; repealed by 2001 c.900 §261]

344.575 [1963 c.522 §3a; repealed by 2001 c.900 §261]

344.577 [1963 c.522 §8; 1971 c.779 §6; repealed by 2001 c.900 §261]

344.580 Payments exempt from process. Any payments made to an individual with an occupational handicap as maintenance under ORS 344.511 to 344.690 and 344.710 to 344.730 shall not be transferable or assignable at law or in equity. None of the money payable under ORS 344.511 to 344.690 and 344.710 to 344.730 shall be subject to execution, levy, attachment, garnishment or other legal process or to the operation of any bankruptcy or insolvency law. [Amended by 1963 c.522 §4]

344.590 Appeal and hearing. Any individual applying for or receiving vocational rehabilitation who is aggrieved because of the Department of Human Services’ decision or delay in making a decision shall be entitled to appeal to the department, and opportunity for hearing as a contested case shall be accorded as provided in ORS chapter 183 and chapter 734, Oregon Laws 1971. [Amended by 1967 c.552 §6; 1971 c.734 §38]

Note: Legislative Counsel has substituted “chapter 734, Oregon Laws 1971,” for the words “this 1971 Act” in section 38, chapter 734, Oregon Laws 1971, compiled as 344.590. Specific ORS references have not been substituted, pursuant to 173.160. The sections for which substitution otherwise would be made may be determined by referring to the 1971 Comparative Section Table located in Volume 20 of ORS.

344.600 Unauthorized use of official rehabilitation data. Except for purposes directly connected with the administration of vocational rehabilitation, and in accordance with the rules and regulations of the Department of Human Services, no person shall solicit, disclose, receive, make use of or authorize, knowingly permit, participate in or acquiesce in the use of, any list of or names of, or any information concerning persons applying for or receiving vocational rehabilitation directly or indirectly derived from the records, papers, files or communications of the state or subdivisions or agencies thereof, or acquired in the course of the performance of official duties. [Amended by 1967 c.552 §7]

344.610 [Amended by 1963 c.522 §5; repealed by 1965 c.100 §456]

344.620 State Vocational Rehabilitation Account; federal funds; custody and disbursement; records. (1) There is established in the General Fund of the State Treasury a State Vocational Rehabilitation Account. The account shall consist of all moneys made available to the Department of Human Services for rehabilitation purposes. All moneys in the account are continuously appropriated for the purposes of the administration of ORS 344.511 to 344.690, 344.710 to 344.730 and 344.850.

(2) The State Treasurer is designated custodian of all funds received from the federal government for the purpose of carrying out any federal Act pertaining to vocational rehabilitation. The State Treasurer shall receive such funds and provide for their custody.

(3) Disbursements from the State Vocational Rehabilitation Account shall be made as directed by the department. The department shall keep a record of all moneys deposited in such account. The record shall indicate by separate cumulative accounts the source from which the moneys are derived and the departmental activity against which each withdrawal is charged. [Amended by 1967 c.552 §8; 1969 c.597 §167; 1983 c.297 §1; 2001 c.900 §58; 2005 c.755 §22]

344.630 Gifts for rehabilitation purposes. The Department of Human Services may receive and accept such gifts, donations and other funds from either public or private sources as may be offered unconditionally or under such conditions as in the judgment of the department are proper and consistent with the provisions of ORS 344.511 to 344.690 and 344.710 to 344.730. Gifts so accepted shall be held in trust for investment, reinvestment and use in accordance with the conditions of the gift. Such moneys shall be deposited in the State Treasury to the credit of the State Vocational Rehabilitation Account. [Amended by 1967 c.552 §9]

344.640 [Amended by 1953 c.674 §13; 1957 c.574 §1; renumbered 344.810]

344.650 [Renumbered 344.820]

344.660 [Amended by 1953 c.674 §13; renumbered 344.830]

344.670 [Renumbered 344.840]

344.680 [1955 c.762 §3; renumbered 344.850]

344.685 Vocational Rehabilitation Revolving Fund. (1) There is established the Vocational Rehabilitation Revolving Fund, not to exceed the sum of $750,000, for the use of the Department of Human Services. The revolving fund shall be deposited with the State Treasurer to be held in a special account against which the department may draw checks for the purposes of paying expenses of vocational rehabilitation services when it is appropriate to make immediate payments for such services, including advance payments to applicants for vocational rehabilitation.

(2) Disbursements from the revolving fund may be made by the department and all vouchers for payments made from the fund shall be approved by the Director of Human Services. When payments are so approved, reimbursements shall be made to the department revolving fund upon order of the director out of funds in the State Vocational Rehabilitation Account. [1967 c.483 §§2,4; 1969 c.597 §168; 1969 c.614 §§3,3a; 2001 c.900 §59]

344.690 Advances to fund from account; repayment. (1) The warrants shall be drawn as provided by law in favor of the Department of Human Services on funds in the State Vocational Rehabilitation Account in the State Treasury. The funds so advanced shall be used by the department for the revolving fund set forth in ORS 344.685 (1).

(2) At any time during the biennium for which the advances mentioned in subsection (1) of this section were made, upon written request together with a check drawn on the Vocational Rehabilitation Revolving Fund by the department, the Secretary of State shall return such advances to the State Vocational Rehabilitation Account.

(3)(a) The State Treasurer shall, from time to time, advance from funds in the hands of the treasurer not required to meet current demands, to the Vocational Rehabilitation Revolving Fund established by ORS 344.685 (1), an amount not to exceed $40,000.

(b) The amounts so advanced shall be returned without interest by the department to the State Treasurer at times and in amounts agreed upon between the State Treasurer and the department. [1967 c.483 §3; 1969 c.597 §170; 2001 c.900 §231]

REHABILITATION FACILITIES

344.710 Rehabilitation facility defined. As used in ORS 344.720 and 344.730, “rehabilitation facility” means a nonprofit sheltered or community-based service established and operated by a public or private organization to provide two or more of the following services for individuals with disabilities:

(1) Vocational assessment.

(2) Community integration.

(3) Training.

(4) Employment. [1963 c.506 §2; 1989 c.224 §56; 1991 c.93 §6; 2003 c.14 §153]

344.720 Establishment of rehabilitation facilities; application; approval. (1) Upon approval of the rehabilitation facility and within the limits of available funds, the Department of Human Services may make grants to assist rehabilitation facilities.

(2) Applications for grants under subsection (1) of this section shall be made in the manner and form and contain the information required by the department.

(3) The approval of the department required by subsection (1) of this section shall be based on reasonable and satisfactory assurance of:

(a) Provision for vocational training and employment experience to enable individuals with disabilities or severe disabilities to participate in competitive employment when the physical condition of the individual warrants such employment; and

(b) Compliance with the rules of the department applicable to rehabilitation facilities. [1963 c.506 §3; 1965 c.100 §441; 1967 c.552 §10; 1989 c.224 §57; 1991 c.93 §7; 2007 c.70 §111]

344.730 Financial report. All rehabilitation facilities which receive state aid under the provisions of ORS 344.710 to 344.730, on or before January 15, shall file with the Department of Human Services a financial report on the preceding year in the form prescribed by the department. [1963 c.506 §4; 1991 c.93 §8]

344.735 State advisory committee; members; duties. (1) There is established a state advisory committee that shall function solely in an advisory capacity to the Director of Human Services on vocational rehabilitation services. The director shall appoint members to the advisory committee. A majority of the advisory committee shall be persons with disabilities.

(2) The director shall include advisory committee recommendations in the Department of Human Services’ decision-making process. The advisory committee shall:

(a) Collect and study data and other information and offer advice concerning specialized needs of specific client groups;

(b) Provide liaison between the department and the rehabilitation community;

(c) Review and suggest new and revised legislation affecting the provision of vocational rehabilitation services to Oregonians with disabilities;

(d) Study, collect data and offer advice regarding high priority issues identified by the department;

(e) Consider items of statewide concern relayed from regional advisory committees; and

(f) Utilize regional committees as a resource for gathering information as it relates to the individual areas.

(3) Through the advisory committee, the department shall take into account views of individuals and groups who are recipients of vocational rehabilitation services, providers of vocational rehabilitation services and others who are active in the vocational rehabilitation field, in connection with matters of general policy, program development and implementation. [1989 c.225 §1; 1999 c.59 §91; 2001 c.900 §60; 2007 c.70 §112]

344.740 [1969 c.100 §1; 1973 c.517 §1; repealed by 1981 c.126 §6]

YOUTH APPRENTICESHIP, TRAINING AND WORK BASED LEARNING PROGRAMS

344.745 Youth apprenticeship, training and work based learning programs; number of participants; qualifications; guidelines; credit. (1) The State Apprenticeship and Training Council and the Department of Education shall establish youth apprenticeship and training and work based learning programs to provide occupational skill training for up to 2,000 individual high school students in each biennium. Notwithstanding the limitation on the number of program participants, the department and the Bureau of Labor and Industries may increase the number of participants if federal funds become available for such an increase. In the building and construction trades industries, there shall be a maximum of 100 youth apprentices or trainees per biennium. However, the council has the authority to increase the number of youth apprentices in building and construction trades on the basis of demonstrated industry need.

(2) Participating students must be 16 years of age or older and must be enrolled in a high school career and technical education program that is applicable to the specific youth apprenticeship and training or work based learning program for which they are applying. Students must demonstrate mastery of the essential competencies contained in an approved career exploration curriculum prior to being registered as a youth apprentice or trainee. In licensed trades for building and construction and for the operation of equipment and machinery defined as hazardous, on-the-job training for students 16 or 17 years of age may be simulated cooperatively at a training site.

(3) Participating schools shall develop and maintain a list of students eligible for youth apprenticeship and training programs. In a cooperative effort, school districts, education service districts and local apprenticeship and training committee members shall review and select students for participation from the list of eligible students established under this subsection.

(4) Employers under ORS 660.002 to 660.210 shall cooperate with the State Director of Apprenticeship and Training through the applicable apprenticeship committee to develop training guidelines consistent with youth apprenticeship and training standards for a specific trade. The guidelines shall provide listing of work processes and related training to be done that will permit the student to acquire necessary skills. The employer, school and youth apprentice shall evaluate monthly the student’s progress in high school curriculum, related training and on-the-job training.

(5) No registered youth apprentice or trainee shall displace a regular employee of an approved employer. [1991 c.859 §1; 1993 c.45 §257; 1993 c.765 §27; 2009 c.94 §21]

344.747 [1993 c.765 §31; 1995 c.298 §2; repealed by 1997 c.652 §63]

344.750 Ratios of apprentices or trainees; rules; workers’ compensation coverage required; wages; hours; removal. In addition to the provisions of ORS 344.745, in each program:

(1) The State Apprenticeship and Training Council shall establish by rule appropriate youth apprentice or trainee ratios.

(2) The employer shall provide workers’ compensation coverage for the youth apprentices and trainees as required by ORS 656.033.

(3) The youth apprentice or trainee shall begin at a wage that is not less than the state minimum wage.

(4) Youth apprentices and trainees shall be evaluated for wage increases consistent with the policies established by the participating local apprenticeship or training committee.

(5) Youth apprentices and trainees shall not be employed on projects subject to the federal Davis-Bacon Act or on projects subject to ORS 279C.800 to 279C.870, except ORS 279C.820, 279C.825, 279C.865 and 279C.870.

(6) The youth apprentice’s or trainee’s combined in-school coursework and related training, as well as on-the-job training and other training experiences, shall not exceed 44 hours per week.

(7) Employment with the employer shall not exceed 20 hours per week while the student is enrolled in school classes. All or a portion of the on-the-job training shall be used to meet graduation requirements.

(8) Participating students who fail to regularly attend and make satisfactory progress in in-school courses and required related training or who leave high school prior to graduation or completion of their high school requirements shall automatically be removed from the youth apprenticeship program. [1991 c.859 §2; 1993 c.45 §258; 1993 c.765 §28; 1995 c.298 §1; 2003 c.794 §257]

344.753 Employers eligible for reimbursement for costs of training programs; education service credits. (1) Employers who enter into written agreements with educational institutions and who are providing training to participants in youth apprenticeship and training or work based learning programs are eligible for reimbursement of expenses incurred in the training process. These expenses may include wages paid to the student, training costs for mentors and supervisors, equipment costs to set up youth training capacity, curriculum development costs, costs of establishing interfirm training centers or other costs necessitated by the training agreement.

(2) The amount of reimbursement shall be 50 percent of the actual cost of the investment, such reimbursement not to exceed $2,500 per student who completes the agreed upon course of study. In the event that a student drops out of the program through no fault of the employer, the Department of Education may reimburse the employer for costs incurred to that point.

(3) Eligible employers may elect to receive education service credits in lieu of the reimbursement provided in this section. The amount of the education service credit shall equal the value of the potential reimbursement on a dollar-for-dollar basis. Education service credits may be used to purchase educational services provided to the employer by school districts, education service districts, community colleges, the Oregon University System or private providers approved by the Department of Education.

(4) Employers who terminate students without the concurrence of the school forfeit all claim to reimbursements or education service credits earned under this section.

(5) The total amount of employer reimbursement allowable under this section to all employers shall not exceed the amount allocated therefor biennially from the Administrative Services Economic Development Fund.

(6) Reimbursements allowed under this section must first be certified with regard to eligibility and availability of funds pursuant to a method established by the Department of Education in consultation with the Bureau of Labor and Industries. [1993 c.765 §32]

344.755 Loss of eligibility for tax credit and for program participation. Training agents who terminate youth apprentices without cause as determined by the appropriate apprenticeship committee prior to completion of training or who violate ORS 344.745 or 344.750 or rules adopted pursuant thereto by the State Apprenticeship and Training Council or the Department of Education, upon notice to the Department of Revenue, may lose their eligibility for tax credits pursuant to ORS 318.031 and their eligibility to train and employ youth apprentices under ORS 344.745 to 344.757 for a period of one year. [1991 c.859 §8; 1993 c.45 §259; 2009 c.33 §34]

344.757 Gifts and grants. The Department of Education and the Bureau of Labor and Industries may apply for and obtain gifts and grants of money from any public or private source for the use and benefit of youth apprenticeship and training or work based learning programs and shall expend funds received in accordance with the terms of such gifts or grants. [1993 c.765 §33]

ADULT LITERACY

344.760 Legislative findings on adult literacy. The Legislative Assembly finds that:

(1) It is in the state’s interest to ensure coordination of the various groups providing adult literacy services within communities.

(2) The demands created by new technologies and foreign competition have intensified the need for a literate workforce.

(3) Community colleges are the major providers of adult literacy to Oregon communities through adult basic education, General Educational Development (GED) and reading, tutoring and pre-employment skills classes.

(4) Community colleges present the opportunity of a statewide network able to link libraries, providers of workforce development services, community schools, volunteer literacy groups and other providers of literacy services and resources. [1987 c.190 §2; 1997 c.249 §108; 2001 c.684 §26]

344.765 Establishment of literacy coalitions by community colleges. (1) Community colleges may establish local literacy coalitions in the community college districts and in unserved areas in order to enhance educational services to undereducated adults.

(2) A literacy coalition in each district shall inform community members as to the extent of literacy services available in their area. The coalition shall endeavor to insure that community resources are used effectively and try to make more services available to undereducated adults through community efforts. [1987 c.190 §3]

344.770 Short title. ORS 344.760 to 344.770 may be cited as the “Adult Literacy Act.” [1987 c.190 §1]

344.810 [Formerly 344.640; 1965 c.285 §67b; renumbered 656.616]

344.820 [Formerly 344.650; 1965 c.285 §67c; renumbered 656.728(1)]

344.830 [Formerly 344.660; 1965 c.285 §67d; renumbered 656.728(2)]

REHABILITATION OF WORKERS

344.840 Career and technical instruction in public schools; reimbursement. Upon application of the Director of the Department of Consumer and Business Services, the district school board of a school district that employs career and technical education instructors or maintains a career and technical education training program shall furnish to any person designated by the director such career and technical education instruction as is provided for district pupils when the facilities of the district permit. The director shall cause to be paid to the district the actual cost of such instruction as nearly as may be estimated by the district school board. [Formerly 344.670; 1965 c.100 §442; 1993 c.45 §260; 2009 c.94 §22]

344.850 Reimbursements to Department of Human Services. All reimbursements to the Department of Human Services made by the Department of Consumer and Business Services in connection with rehabilitation services shall be deposited in the State Vocational Rehabilitation Account and be included in the biennial budget of the Department of Human Services. [Formerly 344.680; 1965 c.100 §443; 1983 c.297 §2]

344.990 [Repealed by 1965 c.100 §456]

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