Chapter 348 — Student
Aid; Education Stability Fund; Planning
ORS sections in this chapter were
amended or repealed by the Legislative Assembly during its 2012 regular
session. See the table of ORS sections amended or repealed during the 2012
regular session: 2012 A&R Tables
New sections of law were adopted by the
Legislative Assembly during its 2012 regular session and are likely to be
compiled in this ORS chapter. See
sections in the following 2012 Oregon Laws chapters: 2012
Session Laws 0090; 2012
Session Laws 0094; 2012
Session Laws 0096; 2012
Session Laws 0104
2011 EDITION
STUDENT AID; STABILITY FUND; PLANNING
EDUCATION AND CULTURE
POLICY
348.005 Policy
on student financial aid
LOANS GENERALLY
348.010 Account
for student loans
348.040 Definitions
for ORS 348.040 to 348.070
348.050 Student
loans from Common School Fund; terms and conditions; exceptions
348.070 List
of suitable career schools
348.090 Loans
guaranteed by state agency; payment of interest
348.095 Reimbursement
by commission for default losses
348.105 Loan
obligations enforceable against minor
SCHOLARSHIPS AND GRANTS
348.180 Definitions
348.183 Legislative
intent
348.186 Oregon
Achievement Grant; qualifications; renewal
348.205 Oregon
Opportunity Grant program; rules
348.210 Scholarships
at Eastern Oregon University; scholarships for certain foreign students
348.230 Scholastic
grants at post-secondary institutions; qualified applicants; renewals
348.250 Procedure
for awarding grants under ORS 348.230 and 348.260
348.260 Oregon
Opportunity Grant; amount; renewal
348.265 Grants
for students of Oregon Health and Science University
348.270 Scholarships
for children of public safety officers and former foster children
348.280 Determination
of eligibility for scholarships under ORS 348.270; rules
348.282 Definitions
348.283 Oregon
Troops to Teachers program; rules
348.285 Oregon
Roadmap to Language Excellence Scholarships; rules
348.290 Financial
aid to study barbering, hairdressing, manicure and esthetics
RURAL MEDICAL EDUCATION LOANS
348.310 Loans
for medical study; rules
348.320 Eligibility
for loans; application; written agreement
348.330 Amount
of loans
348.340 Cost-sharing
community loan fund program; repayment; exception
348.350 Cost-sharing
hospital loan fund program; limitation; admission to family practice programs
348.360 Renewal
of loans
348.370 Repayment
of loans; interest; conditions; exemption
348.390 Rural
Medical Education Loan Fund; sources; use
SPEECH-LANGUAGE PATHOLOGIST GRANTS AND
STIPENDS
348.394 Definitions
for ORS 348.394 to 348.406
348.398 Department
of Education authority; grants; stipends; rules
348.401 Grant
eligibility; amount; employment requirement
348.403 Stipend
eligibility; amount
348.406 Speech-Language
Pathologist Training Fund
COMMUNITY SERVICE VOUCHER PROGRAM
348.427 Voucher
program established; amount; recipient eligibility
348.429 Voucher
amount limited; Oregon Student Access Commission duties; vouchers not personal
income; rules
348.431 Tracking
system
348.433 Limitation
on administrative expenditures
348.436 Community
Service Voucher Fund
NURSING FACULTY LOAN REPAYMENT PROGRAM
348.440 Definitions
for ORS 348.444 and 348.448
348.444 Nursing
Faculty Loan Repayment Program; rules
348.448 Program
eligibility; amount; eligibility period; adjustments to maximum amount
COOPERATION BETWEEN OREGON UNIVERSITY
SYSTEM AND COMMUNITY COLLEGES
348.470 Legislative
findings; cooperation between Oregon University System and community colleges
ASPIRE PROGRAMS
348.500 Purpose;
goals
OREGON STUDENT ACCESS COMMISSION
(Administration)
348.505 Definitions
for ORS 348.500 to 348.695
348.510 Oregon
Student Access Commission; term; vacancy; confirmation; qualifications
348.520 Duties
348.530 Powers;
rulemaking authority
348.540 Officers
of commission; quorum; meetings
348.550 Compensation
and expenses of commission members
348.560 Staff;
office space
348.563 Authority
of Oregon Student Access Commission to require fingerprints
348.570 Funds
and accounts created
348.580 Agreements
with community foundations
348.590 Continuous
appropriation of certain funds
348.592 Loan
cancellation insurance
(Degrees)
348.594 Definitions
for ORS 348.594 to 348.615
348.596 Purpose
of ORS 348.594 to 348.615
348.597 Applicability
of ORS 348.594 to 348.615
348.601 Degree
Authorization Account
348.603 Duties
of commission relating to degree authorization and nondegree programs; approval
of new post-secondary program or location; rules; fees
348.604 Exemption
from ORS 348.594 to 348.615
348.605 Restrictions
and duties of exempted schools
348.606 Conferring
or offering of degree before approval obtained prohibited; fees; rules
348.607 Fee
for exemption application; rules; prohibition on requirements for religious
exemption
348.608 Certification
by exempt school; suspension or revocation of exemption; appeal
348.609 Representation
of possession of academic degree; complaints; civil penalties; rules; fees
348.611 Career
pathways certificate of completion program; objections; approval from State
Board of Education
348.612 Revocation
of approval; hearing
348.615 Appeal
procedure
(Scholarship Program Tax Credit)
348.616 Minimum
criteria for certification of employer program; rules
348.618 Requirements
for program certification application; acceptance and rejection of application
348.621 Requirements
for tax credit certification application
(Alternative Student Loan Program)
348.625 Definitions
for ORS 348.570 and 348.625 to 348.695
348.630 Eligible
recipients; limitations; credit check
348.635 Establishment
of loan terms and conditions
348.640 Administration
of loans by private lenders; repayment to state; risk of loss
348.655 Issuance
of revenue bonds; amount; interest tax exempt
348.660 Determination
to issue revenue bonds; duties of State Treasurer; factors to consider
348.665 Laws
governing issuance of bonds; powers of State Treasurer
348.670 Administrative
expenses
348.675 Refunding
of bonds
348.680 Validity
of bonds
348.685 Covenants
in actions authorizing bonds; contents
348.690 Liability
of state for bonds
348.695 Rights
and remedies of bondholders and trustees
EDUCATION STABILITY FUND
(Generally)
348.696 Education
Stability Fund; investment; earnings
(Oregon Growth Account)
348.701 Definitions
for ORS 348.701 to 348.710
348.702 Oregon
Growth Account
348.703 Management
and investment of moneys in account; reporting requirement; contracts for
investment advice and other services
348.704 Allocation,
withdrawal and transfer of assets in account
348.706 Oregon
Resource and Technology Development Subaccount
348.707 Oregon
Growth Account Board; members; terms; compensation; powers and duties
348.710 Confidentiality
of records, communications and information
(Oregon Education Fund)
348.716 Oregon
Education Fund; use; payment of education lottery bonds
OREGON 529 COLLEGE SAVINGS NETWORK
348.841 Definitions
for ORS 348.841 to 348.873
348.844 Policy
on higher education qualified tuition savings program
348.849 Oregon
529 College Savings Board; membership
348.853 Board
powers and duties; establishment of network; rules
348.856 Oregon
529 College Savings Network Fund
348.857 Network
participation; contribution limitations; fees
348.860 Right
to direct investment of contributions or earnings; liability for loss
348.863 Prohibitions
and limitations on accounts
348.867 Designated
beneficiary of account; confidentiality of account information
348.869 State
interest in contributions and earnings
348.870 Account
withdrawals; rules; report
348.873 Report
to Governor and Legislative Assembly
COORDINATION OF STATE AGENCIES
348.890 Higher
Education Coordinating Commission policy direction for implementation of
agreements
348.900 Needs
assessment for health care occupations; evaluation of health care education
programs
348.910 Applied
baccalaureate degrees
EDUCATION COMMISSION OF THE STATES
348.950 Education
Commission of the States; members; dues
PENALTIES
348.992 Criminal
penalty
POLICY
348.005 Policy on student financial aid.
(1) The Legislative Assembly finds that:
(a)
The State of Oregon can achieve its full economic and social potential only if
all Oregonians have the opportunity to contribute to the full extent of their
capabilities and only when financial barriers to their educational goals are
removed;
(b)
All Oregonians who meet the appropriate admissions requirements should be able
to attend any community college, public university listed in ORS 352.002 or
independent not-for-profit institution of post-secondary education regardless
of individual economic or social circumstances;
(c)
The interests of this state are best served when public subsidies supporting
college students are distributed fairly, equitably and consciously to ensure maximum
access and choice for all Oregonians at the least cost to the taxpayers;
(d)
Need-based student financial aid is an effective, efficient and essential means
of assisting Oregonians who are unable to afford the full cost of higher
education;
(e)
Student financial aid allows Oregonians with limited resources to select
academic programs based on their interests, aptitudes and career goals;
(f)
Student financial aid encourages and permits capable and promising Oregonians
to persist in their education and training within this state; and
(g)
By assisting Oregonians in this manner, student financial aid contributes to
the quality of life of each Oregonian and to the social, cultural and economic
well-being of all Oregonians.
(2)
It is the intention of the Legislative Assembly to establish financial
assistance programs to enable qualified Oregonians who need student aid to
obtain post-secondary education in Oregon’s community colleges, public
universities or independent not-for-profit institutions of post-secondary
education. [1993 c.239 §1; 2005 c.22 §242; 2011 c.637 §134]
LOANS GENERALLY
348.010 Account for student loans.
(1) An account in the Oregon University System Fund established under ORS
351.506 is designated for the purpose of granting student loans under the terms
established by the National Defense Education Act of 1958, as amended, under
the terms of the Health Professions Educational Assistance Act of 1963, as
amended, and under the terms of the Nurses Training Act of 1964, as amended.
(2)
The account designated under this section consists of:
(a)
All moneys made available to the State Board of Higher Education for student
loan purposes by state appropriations and by the federal government under terms
of the National Defense Education Act of 1958, as amended, under the terms of
the Health Professions Educational Assistance Act of 1963, as amended, and
under the terms of the Nurses Training Act of 1964, as amended;
(b)
Repayments of loans identified in paragraph (a) of this subsection;
(c)
Interest earned on student loans identified in paragraph (a) of this
subsection; and
(d)
Earnings from investments of the account.
(3)
The repayment in whole or part of any student loan made under terms of the
National Defense Education Act of 1958, as amended, under the terms of the
Health Professions Educational Assistance Act of 1963, as amended, and under
the terms of the Nurses Training Act of 1964, as amended, shall be made
pursuant to the provisions of the applicable federal statutes and repayment to
the account designated under this section shall be made in accordance with
applicable federal statutes.
(4)
Income and interest derived from moneys in the account designated by this
section are credited to the account. [Formerly 351.570; 1987 c.102 §1; 1999
c.311 §4; 2005 c.22 §243; 2009 c.762 §5]
348.040 Definitions for ORS 348.040 to
348.070. As used in ORS 348.040 to 348.070,
unless the context requires otherwise:
(1)
“Eligible student” means a person who is a resident of this state, as determined
by the Oregon Student Access Commission, at the time of application for a loan
under ORS 348.040 to 348.070:
(a)
Who is enrolled in or has applied for enrollment in a qualified school;
(b)
Who has demonstrated a satisfactory level of achievement in the high school or
other school on the record of which the application for enrollment is based or
in which the applicant is enrolled; and
(c)
Who can show the necessity for financial assistance in order to continue the
applicant’s education.
(2)
“Qualified school” means a school within this state that is a:
(a)
Four-year, nonprofit, generally accredited institution of higher education;
(b)
Accredited public or private community college or education center, or one
recognized by a state educational agency;
(c)
Career school that is approved by the Superintendent of Public Instruction;
(d)
Medical or dental program offered by the Oregon Health and Science University;
(e)
Veterinary program offered by Oregon State University; or
(f)
Institution that is, in the opinion of the commission, comparable to such
institutions, colleges, centers or schools.
(3)
“Qualified school” may include an institution, college, center or school not
located in this state if the commission certifies that the course is not
available in this state. [1965 c.532 §1; 1977 c.762 §6; 1981 c.324 §2; 1995
c.343 §33; 1999 c.704 §9; 2011 c.637 §135]
348.050 Student loans from Common School
Fund; terms and conditions; exceptions. (1) Upon
approval of the loan application of an eligible student by the Oregon Student
Access Commission, the Department of State Lands may loan an amount from the
Common School Fund to the student in compliance with ORS 348.040 to 348.070.
The loan shall be evidenced by a written obligation but no additional security
shall be required. Notwithstanding any provision in this section, the
department may require cosigners on the loans.
(2)
Loans granted under ORS 348.040 to 348.070 to eligible students by the
department shall:
(a)
Not exceed $1,000 in a single academic year to an undergraduate student.
(b)
Not exceed $4,000 in a single academic year to a graduate or professional
student.
(c)
Not exceed $16,000 for all loans made to a student under ORS 348.040 to
348.070.
(3)
Payment of interest shall be as follows:
(a)
Medical and dental student borrowers at the Oregon Health and Science
University and veterinary student borrowers at Oregon State University shall be
assessed at least six percent interest per annum on the unpaid balance from the
date of the note. Interest payments by these borrowers shall be deferred until
they cease to be enrolled. During the interest deferment period, the Oregon
Student Access Commission shall pay the department the negotiated rate of
interest on an annual basis. The borrower shall reimburse the commission for
these interest payments as provided in subsection (4) of this section. These
borrowers shall commence direct payment of accruing interest to the department
at the time they cease to be enrolled.
(b)
All other borrowers are required to pay at least seven percent interest per
annum on the unpaid balance from the date of the loan as provided in subsection
(4) of this section.
(c)
The commission shall pay annually to the department a maximum of three percent
per annum on the unpaid balance of all medical, dental and veterinary student
borrower loans. The rate of this special payment may vary annually and will be
negotiated by the commission and the department.
(d)
The interest rates to be charged the borrower for the school year as stated in
paragraphs (a) and (b) of this subsection shall be negotiated by the department
and the commission.
(4)(a)
Repayment of the principal and accruing and deferred interest on loans shall be
commenced not later than 12 months after the student’s graduation or other
termination of the student’s education.
(b)
Notwithstanding any other provision of this section, medical, dental and
veterinary student borrowers who enter approved post-graduate study programs
shall commence repayment of the principal and the accruing and deferred
interest on loans no later than 12 months following the completion of the
post-graduate study program or 60 months from when the loan was originally
granted, whichever is sooner.
(c)
Repayment shall be completed in a maximum of 120 months from the time repayment
is commenced. However, nothing in this section is intended to prevent repayment
without penalty at an earlier date than provided in this section or to prohibit
the department, with the consent of the Oregon Student Access Commission, from
extending the repayment period to a date other than permitted by this
subsection.
(5)
Notwithstanding any other provision of this section, the department may loan an
amount from the Common School Fund to a student under guaranteed programs
authorized by the Higher Education Act of 1965, as amended, commonly known as
the Guaranteed Student Loan Program and the Parent’s Loans for Undergraduate
Students Program. Neither the limitations on amounts set forth in subsection
(2) of this section nor the subsidies authorized by subsection (3) of this
section apply to such loans. ORS 327.484 does not apply to such loans. [1965
c.532 §2; 1969 c.573 §3; 1977 c.725 §1; 1977 c.762 §7; 1981 c.324 §1; 1983
c.483 §1; 2011 c.637 §136]
348.060 [1965
c.532 §3; repealed by 1971 c.577 §3]
348.070 List of suitable career schools.
To assist the Oregon Student Access Commission and the Department of State
Lands in determining the qualification of schools, the Superintendent of Public
Instruction shall maintain a listing of career schools offering professional
and technical training that meets the occupational needs of the student. [1965
c.532 §4; 1995 c.343 §34; 2011 c.637 §137]
348.080 [1965
c.532 §10; repealed by 1967 c.477 §5]
348.090 Loans guaranteed by state agency;
payment of interest. In addition to and not in lieu
of student loans authorized pursuant to ORS 348.040 to 348.070, the Department
of State Lands may make loans to students who are Oregon residents if the loans
are guaranteed by a state agency. The terms, conditions and rates of interest
of such loans may be determined by the department so as to take advantage of
any federal statute providing for full or partial payment of interest on such
loans. [1967 c.477 §4]
348.095 Reimbursement by commission for
default losses. From funds available therefor,
the Oregon Student Access Commission shall reimburse the Department of State
Lands for any loss resulting from default of a student loan under ORS 348.040
to 348.070. Funds appropriated under ORS 348.050 to pay interest to the
department on loans to medical, dental and veterinary students shall also be
available to reimburse the department for any loss resulting from default of a
student loan under ORS 348.040 to 348.070. [1977 c.762 §10; 1987 c.130 §1; 2011
c.637 §138]
348.105 Loan obligations enforceable
against minor. (1) As used in this section:
(a)
“Educational institution” means any post-secondary educational institution that
is approved or accredited by the Northwest Association of Schools and Colleges,
by its regional equivalent or by the appropriate official, department or agency
of the state or nation in which the institution is located, and that is:
(A)
A four-year college or university;
(B)
A junior college or community college; or
(C)
A technical, professional or career school.
(b)
“Educational loan” means a loan or other aid or assistance for the purpose of
furthering the obligor’s education at an educational institution.
(c)
“Person” means an individual, corporation, government or governmental
subdivision or agency, business trust, estate, trust, partnership or
association, or any other legal entity.
(2)
Notwithstanding any other provision of law, any written obligation made by any
minor in consideration of an educational loan received by the minor from any
person shall be as valid and binding as if the minor had, at the time of making
and executing the obligation, attained the age of majority, but only if prior
to the making of the educational loan an educational institution has certified
in writing to the person making the educational loan that the minor is
enrolled, or has been accepted for enrollment, in the educational institution.
(3)
Any obligation mentioned in subsection (2) of this section may be enforced in
any action or proceeding against such person in the name of the person and
shall be valid, insofar as the issue of age is concerned, without the consent
thereto of the parent or guardian of such person. Such person may not disaffirm
the obligation because of age nor may such person interpose in any action or
proceeding arising out of the educational loan the defense that the borrower
is, or was, at the time of making or executing the obligation, a minor.
(4)
Any parent or legal guardian who did not consent to guarantee or otherwise
ensure performance of the obligation mentioned in subsection (2) of this
section shall not be liable for payment of such obligation. [Formerly 348.805;
1977 c.725 §2; 1995 c.343 §35; 2005 c.22 §244]
348.115 [1991
c.947 §16; 1993 c.765 §51; 1999 c.704 §10; 2001 c.599 §4; 2011 c.637 §139;
repealed by 2001 c.599 §8]
Note:
348.115 is repealed July 1, 2012. See section 8, chapter 599, Oregon Laws 2001.
348.115, including amendments by section 139, chapter 637, Oregon Laws 2011, is
set forth for the user’s convenience.
348.115 Student loans for nursing programs;
terms and conditions. (1) In addition to any other
financial aid provided by law, the Oregon Student Access Commission, pursuant
to rule, may award loans to a qualified resident of this state upon the
resident’s acceptance and entry into a baccalaureate or associate degree
nursing program at a post-secondary institution in Oregon. The loans may be
forgiven upon fulfillment of the requirements of subsection (4) of this
section.
(2)
The loans authorized by subsection (1) of this section:
(a)
Shall be made based on achievement, ability, need and motivation;
(b)
Shall be made on an annual basis subject to renewal upon satisfactory
performance for the duration of the nursing program; and
(c)
Shall be made in annual amounts not to exceed 50 percent of the sum of tuition,
fees and room and board for each participating student.
(3)
Priority in awarding loans shall be given to:
(a)
A resident employed in the health care field at the time of application; and
(b)
A resident who agrees to practice in an area where there is a critical shortage
of nurses, as determined annually by the Oregon State Board of Nursing in
consultation with the Office of Rural Health.
(4)
The resident receiving a loan under this section must agree to practice nursing
at least half-time in an area described in subsection (3)(b) of this section or
in an area of specialty that is underserved for one calendar year for each
academic year for which the loan is received. If the resident does not fulfill
the practice requirement within five years of graduation, the amount received
shall be considered a loan, repayable as provided in ORS 348.117, for each year
for which the practice requirement is not met.
348.117 [1991
c.947 §17; 2001 c.599 §5; 2010 c.42 §13; 2011 c.637 §140; repealed by 2001
c.599 §8]
Note:
348.117 is repealed July 1, 2012. See section 8, chapter 599, Oregon Laws 2001.
348.117, including amendments by section 13, chapter 42, Oregon Laws 2010, and
section 140, chapter 637, Oregon Laws 2011, is set forth for the user’s
convenience.
348.117 Repayment of loans for nursing program;
grounds for deferral. (1) Student borrowers under ORS
348.115 shall be required to pay at least seven percent interest per annum on the
unpaid balance from the date of the loan as provided in subsection (5) of this
section.
(2)
Repayment of the principal and accruing and deferred interest on loans shall be
commenced not later than 12 months after the student’s completion of the
nursing program or other termination of the student’s education.
(3)
Repayment of loans shall be deferred upon application therefor for up to three
years during which:
(a)
The student borrower is enrolled as at least a half-time student in a
subsequent nursing program leading to a nursing degree higher than that
attained in the initial program; or
(b)
The student borrower shows inability to locate suitable employment.
(4)
Repayment commences under the usual terms if the student borrower ceases to be
employed as a nurse in this state before completing the practice requirements
set forth in ORS 348.115 (4).
(5)
Repayment shall be completed in a maximum of 120 months from the time repayment
is commenced. However, nothing in this subsection is intended to prevent repayment
without penalty at an earlier date than provided in this subsection or to
prohibit the Oregon Student Access Commission from extending the repayment
period to a date other than specified by this subsection.
(6)
A student who borrows under ORS 348.115 shall have 100 percent of principal and
accrued interest on loans under this section, ORS 348.115, 353.450, 442.470,
442.520 and 656.256 canceled if it can be documented that, within five years of
graduation:
(a)
The student has completed one calendar year of full-time employment as a nurse
in the State of Oregon for each academic year in which a loan was received; or
(b)
The student has completed two calendar years of half-time employment as a nurse
in the State of Oregon for each academic year in which a loan was received.
(7)
A student who borrows under this section, ORS 348.115, 353.450, 442.470,
442.520 and 656.256 and completes at least one calendar year of the practice
obligation described in subsection (6) of this section shall have the amount of
principal and accrued interest on loans under this section, ORS 348.115,
353.450, 442.470, 442.520 and 656.256 canceled for each calendar year of
qualifying practice that is:
(a)
For full-time practice, equal to the principal and accrued interest on the loan
borrowed for the comparable academic year of award; or
(b)
For half-time practice, equal to half of the principal and accrued interest on
the loan borrowed for the comparable academic year of the award.
(8)
Repayment of any remaining principal and interest shall be waived upon the
death or total and permanent disability of the student borrower.
348.120 [1987
c.896 §§24, 28; 1993 c.45 §283; renumbered 329.757 in 1993]
348.125 [1987
c.896 §25; 1991 c.67 §89; 1993 c.45 §284; renumbered 329.765 in 1993]
348.130 [1987
c.896 §26; 1989 c.159 §1; renumbered 329.775 in 1993]
348.135 [1987
c.896 §27; 1993 c.45 §285; renumbered 329.780 in 1993]
SCHOLARSHIPS AND GRANTS
348.180 Definitions.
As used in this section and ORS 348.186, 348.205, 348.230, 348.250, 348.260 and
348.285:
(1)
“Cost of education” includes but is not limited to, tuition, fees and living
expenses.
(2)
“Eligible post-secondary institution” means:
(a)
A public university listed in ORS 352.002;
(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)
“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
Access Commission; and
(c)
Is making satisfactory academic progress as defined by rule of the commission. [1999
c.1070 §3; 2001 c.321 §1; 2007 c.802 §1; 2011 c.358 §2; 2011 c.637 §141]
348.183 Legislative intent.
The Legislative Assembly recognizes:
(1)
That an investment in educational opportunities for all Oregonians is an
investment in a strong and stable economy and greater personal opportunities;
(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;
(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, public universities and independent not-for-profit
institutions of higher education;
(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; and
(6)
That, in order to maintain affordable tuition at Oregon’s public universities
and community colleges, the Legislative Assembly, through the Joint Committee
on Ways and Means, should review tuition affordability on the basis of
standards, including the Higher Education Price Index, median family income,
enrollment growth and state appropriations made to public universities and
community colleges in this state. This review by the Legislative Assembly on tuition
and fee increases should occur biennially. [1999 c.1070 §2; 2007 c.802 §2; 2007
c.858 §38; 2011 c.637 §142]
348.186 Oregon Achievement Grant;
qualifications; renewal. (1) In addition to any other
form of student financial aid authorized by law, the Oregon Student Access
Commission shall award, to the extent funds are made available, an Oregon
Achievement Grant to any qualified student who:
(a)
Commences at least half-time study toward a degree at the eligible
post-secondary institution within three years of high school graduation; and
(b)
While a resident of Oregon, has scored at or above a level determined by the
commission on a nationally recognized college admissions test.
(2)
Any qualified student receiving an Oregon Achievement Grant under subsection
(1) of this section must use the grant for the purpose of study in an eligible
program, as defined by rule of the commission, at an eligible post-secondary
institution.
(3)
The commission may not award an Oregon Achievement Grant to a qualified student
who is enrolled in a course of study required for and leading to a degree in
theology, divinity or religious education.
(4)
Each Oregon Achievement Grant shall be renewed yearly provided that the
recipient has maintained satisfactory progress, as determined by the
commission, toward a first associate or baccalaureate degree.
(5)
Notwithstanding subsection (4) of this section, no Oregon Achievement Grant
shall be renewed after a qualified student has reached the number of credit
hours required to graduate with a baccalaureate degree at the institution the
student is attending. [1999 c.1070 §4; 2001 c.321 §2; 2007 c.858 §39; 2011
c.637 §143]
348.205 Oregon Opportunity Grant program;
rules. (1) The Oregon Opportunity Grant
program is established within the Oregon Student Access Commission.
(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 a public university under the direction of the State
Board of Higher Education, the average cost of education of attending a public
university 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 shall consider the
total amount available to award as grants to all qualified students. If the
commission must reduce the amount of the state share under this paragraph, the
commission may not reduce the amount of the state share awarded to students in
the low income range in a greater proportion than the amount that the state
share for students in other income ranges is reduced.
(8)(a)
The commission shall adopt rules that prioritize current foster children and
former foster children for receiving Oregon Opportunity Grants when the Oregon
Opportunity Grant program does not have sufficient funding to serve all
eligible Oregon students.
(b)
For the purposes of this subsection, “former foster child” has the meaning
given that term in ORS 351.293. [1971 c.735 §1; 1999 c.1070 §8; 2001 c.321 §8;
2007 c.802 §3; 2011 c.637 §144; 2011 c.642 §4]
Note: The
amendments to 348.205 by section 4, chapter 642, Oregon Laws 2011, first apply
to the 2012-2013 academic year. See section 5, chapter 642, Oregon Laws 2011.
The text that applies prior to the 2012-2013 academic year, including
amendments by section 144, chapter 637, Oregon Laws 2011, is set forth for the
user’s convenience.
348.205. (1)
The Oregon Opportunity Grant program is established within the Oregon Student
Access Commission.
(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 a public university under the direction of the State
Board of Higher Education, the average cost of education of attending a public
university 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 shall consider the
total amount available to award as grants to all qualified students. If the
commission must reduce the amount of the state share under this paragraph, the
commission may not reduce the amount of the state share awarded to students in
the low income range in a greater proportion than the amount that the state
share for students in other income ranges is reduced.
348.210 Scholarships at Eastern Oregon
University; scholarships for certain foreign students.
(1) In addition to any other scholarships provided by law, the Oregon Student
Access Commission may award scholarships at Eastern Oregon University to resident
undergraduate students applying for enrollment in the university or who are
pursuing courses therein. The number of students who receive scholarships under
this subsection may not exceed two and one-half percent of the number of
students who are enrolled at the university. The scholarships shall be awarded
upon the basis of a record of high intellectual standing and deportment in the
school or institution where the applicant has received or is receiving
preparatory training, the necessity for financial assistance and other
qualifications of such nature that the awarding of scholarships will operate
not only to the advantage of the applicant but to the people of Oregon. A
scholarship awarded under this subsection may not exceed in value the amount of
the tuition and other fees, including the fees that are levied against the
recipient of the scholarship by the State Board of Higher Education at the
university.
(2)
The commission may award tuition and fee-exempting scholarships to students
from foreign nations who are enrolled in public universities listed in ORS
352.002. A student may not receive a scholarship under this subsection that
exceeds the amount of tuition and fees owed by the student.
(3)
The value of scholarships awarded each year under subsection (2) of this
section may not exceed in aggregate an amount equal to 10 percent of the amount
of tuition and fees paid in the preceding year to the Oregon University System
by students enrolled in public universities listed in ORS 352.002 who were not
Oregon residents. [Formerly 351.120 and then 351.605; 1967 c.530 §6; 1971 c.735
§2; 1973 c.721 §1; 1997 c.11 §8; 2005 c.22 §245; 2009 c.762 §63; 2011 c.637 §145]
348.220
[Formerly 351.610; 1967 c.530 §7; repealed by 1971 c.735 §10]
348.230 Scholastic grants at
post-secondary institutions; qualified applicants; renewals.
(1) In addition to any other financial aid provided by law, the Oregon Student
Access Commission may award to qualified residents of this state scholastic
grants in any eligible post-secondary institution.
(2)
A qualified applicant is one who has an achievement of high intellectual
standing and deportment in the school or institution on the records of which
the application is based, and who demonstrates, to the satisfaction of the commission,
that the applicant has superior capacity to profit by post-high-school
education.
(3)
If the recipient of a grant under this section meets the standards for renewal
of that grant, the grant may be renewed, upon application of the recipient,
until the recipient has received a total of four undergraduate years under this
section or until the recipient has completed an undergraduate course of study,
whichever is less.
(4)
Nothing in subsection (3) of this section shall be construed to mean that the commission
may not increase or reduce the amount of the grant upon application for
renewal.
(5)
No grant shall be made to any student enrolled in a course of study required
for and leading to a degree in theology, divinity or religious education. [Formerly
351.620; 1971 c.735 §3; 1973 c.721 §2; 1977 c.725 §3; 1989 c.845 §1; 2001 c.321
§3; 2011 c.637 §146]
348.240
[Formerly 351.625; repealed by 1971 c.735 §10]
348.250 Procedure for awarding grants under
ORS 348.230 and 348.260. (1) Grants established under ORS
348.230 and 348.260 shall be awarded by the Oregon Student Access Commission in
the manner provided in this section.
(2)
Persons interested in obtaining a grant established under ORS 348.230 and
348.260 may apply to the commission for a grant.
(3)
The commission shall screen or cause to be screened the applications and shall
determine for each available grant the person best qualified to receive that
grant. A qualified applicant is eligible to receive a grant established under
ORS 348.230 and 348.260 if:
(a)
The applicant’s financial need is such that in the opinion of the commission
financial aid is warranted; and
(b)
The applicant plans to be a student at the eligible post-secondary institution
where the grant is to be used.
(4)
The commission shall not discriminate for or against any applicant for a grant.
(5)
Nothing in ORS 348.210 to 348.260, 348.505 to 348.615, 348.696 and 348.992
shall be construed to require any institution to admit a grant recipient or to
attempt to control or influence the policies of the institution.
(6)
Whenever funds are not available to award grants to all qualified students, the
commission may give priority to applicants who are or plan to be full-time
students at the eligible post-secondary institution where the grant is to be
used. A student shall be considered to be a full-time student if the
combination of credit hours at more than one eligible post-secondary
institution equals full-time attendance, according to the institution
disbursing the grant funds.
(7)
As used in this section, “discriminate” has the meaning given “discrimination”
in ORS 659.850. [Formerly 351.630; 1973 c.721 §3; 1977 c.725 §4; 1993 c.45 §286;
1997 c.203 §1; 1997 c.524 §4; 2001 c.321 §4; 2010 c.20 §1; 2011 c.637 §147]
348.260 Oregon Opportunity Grant; amount;
renewal. (1) In addition to any other form of
student financial aid authorized by law, the Oregon Student Access Commission
may award Oregon Opportunity Grants to qualified students.
(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.
(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 commission.
(4)
Grants may be awarded under this section to qualified students enrolled for any
term, including summer term. The commission may prescribe a specific date by
which a student must apply to the commission to qualify for a grant only if the
commission determines that the total amount available to award as the state
share to all qualified students is not sufficient to cover the total state
share amount scheduled to be awarded to all students.
(5)
If a qualified student receiving 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 equivalent of four full-time undergraduate
years of grant funding for an eligible program as defined by the commission.
(6)
A qualified student who receives a grant under this section must attend the
eligible post-secondary institution upon which the grant application is based
unless the commission authorizes the grant to be used at a different eligible
post-secondary institution. A qualified student who receives a grant under this
section may attend more than one eligible post-secondary institution if the
grant application was based on the qualified student attending more than one
eligible post-secondary institution.
(7)
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. [1971 c.735 §4; 1973 c.721 §4; 1977 c.725 §5; 1977 c.762 §8;
1987 c.175 §1; 1989 c.845 §2; 1993 c.820 §1; 1997 c.203 §2; 1999 c.1070 §11;
2001 c.321 §§5,6; 2007 c.802 §4; 2011 c.637 §148]
348.265 Grants for students of Oregon Health
and Science University. (1) In addition to any other
form of student financial aid authorized by law, the Oregon Student Access
Commission may award grants to qualified residents of this state who are
enrolled in the professional medical, nursing or dental programs at the Oregon
Health and Science University.
(2)
A qualified applicant for a grant under this section is one who plans to attend
the Oregon Health and Science University but whose financial capacity and that
of the applicant’s family to contribute to the educational costs are not
adequate to meet such costs, as determined by the commission.
(3)
Grants may be received by a student each year of attendance depending on the
continuing need of the student for such grant.
(4)
No grant awarded under this section shall exceed the amount of the difference
between the award year tuition and fees assessed and the tuition and fees
assessed for that program in the academic year 1976-1977. [1977 c.762 §9; 1989
c.845 §4; 2011 c.637 §149]
348.270 Scholarships for children of
public safety officers and former foster children.
(1) In addition to any other scholarships provided by law, the commission shall
award scholarships in any public university listed in ORS 352.002, in the
Oregon Health and Science University, in any community college operated under
ORS chapter 341, or in any Oregon-based regionally accredited independent
institution, to any student applying for enrollment or who is enrolled therein,
who is:
(a)
The natural child, adopted child or stepchild of any public safety officer who,
in the line of duty, was killed or so disabled, as determined by the
commission, that the income of the public safety officer is less than that
earned by public safety officers performing duties comparable to those
performed at the highest rank or grade attained by the public safety officer;
or
(b)
A current foster child or former foster child who enrolls in an institution of
higher education as an undergraduate student not later than three years from
the date the student was removed from the care of the Department of Human
Services, the date the student graduated from high school or the date the
student received the equivalent of a high school diploma, whichever date is
earliest.
(2)
Scholarships awarded under this section to students who are dependents of
public safety officers or who are current foster children or former foster
children shall equal the amount of tuition and all fees levied by the
institution against the recipient of the scholarship. However, scholarships
awarded to students who attend independent institutions shall not exceed the
amount of tuition and all fees levied by the University of Oregon.
(3)
If the student who is the dependent of a deceased public safety officer
continues to remain enrolled in a public university listed in ORS 352.002 or a
community college or an independent institution within the State of Oregon, the
student shall be entitled to renewal of the scholarship until the student has
received the equivalent of four years of undergraduate education and four years
of post-graduate education.
(4)
If the student who is a current foster child or former foster child or who is
the dependent of a public safety officer with a disability continues to remain
enrolled in a public university listed in ORS 352.002 or a community college or
an independent institution within the State of Oregon, the student shall be
entitled to renewal of the scholarship until the student has received the
equivalent of four years of undergraduate education.
(5)
The commission may require proof of the student’s relationship to a public
safety officer described in subsection (1) of this section or proof that the
student is a current foster child or former foster child.
(6)
As used in this section:
(a)
“Former foster child” means an individual who, for a total of 12 or more months
while between the ages of 16 and 21, was a ward of the court pursuant to ORS 419B.100
(1)(b) to (e) and in the legal custody of the Department of Human Services for
out-of-home placement.
(b)
“Public safety officer” means:
(A)
A firefighter or police officer as those terms are defined in ORS 237.610.
(B)
A member of the Oregon State Police.
(C)
A police officer commissioned by a university under ORS 352.383.
(D)
An authorized tribal police officer as defined in section 1, chapter 644,
Oregon Laws 2011. [1973 c.784 §1; 1977 c.725 §6; 1995 c.162 §70; 1997 c.515 §1;
2001 c.730 §1; 2007 c.70 §146; 2011 c.506 §36; 2011 c.637 §150; 2011 c.642 §2;
2011 c.644 §28]
Note 1: The
amendments to 348.270 by section 2, chapter 642, Oregon Laws 2011, first apply
to the 2012-2013 academic year. See section 5, chapter 642, Oregon Laws 2011.
The text that applies prior to the 2012-2013 academic year, including
amendments by section 36, chapter 506, Oregon Laws 2011, section 150, chapter
637, Oregon Laws 2011, and section 28, chapter 644, Oregon Laws 2011, is set
forth for the user’s convenience.
348.270. (1) In
addition to any other scholarships provided by law, the commission shall award
scholarships in any public university listed in ORS 352.002, in the Oregon
Health and Science University, in any community college operated under ORS
chapter 341, or in any Oregon-based regionally accredited independent
institution, to any student applying for enrollment or who is enrolled therein,
who is:
(a)
The natural child, adopted child or stepchild of any public safety officer who,
in the line of duty, was killed or so disabled, as determined by the
commission, that the income of the public safety officer is less than that
earned by public safety officers performing duties comparable to those
performed at the highest rank or grade attained by the public safety officer;
or
(b)
A former foster child who enrolls in an institution of higher education as an
undergraduate student not later than three years from the date the student was
removed from the care of the Department of Human Services, the date the student
graduated from high school or the date the student received the equivalent of a
high school diploma, whichever date is earliest.
(2)
Scholarships awarded under this section to students who are dependents of
public safety officers or who are former foster children shall equal the amount
of tuition and all fees levied by the institution against the recipient of the
scholarship. However, scholarships awarded to students who attend independent
institutions shall not exceed the amount of tuition and all fees levied by the
University of Oregon.
(3)
If the student who is the dependent of a deceased public safety officer
continues to remain enrolled in a public university listed in ORS 352.002 or a
community college or an independent institution within the State of Oregon, the
student shall be entitled to renewal of the scholarship until the student has
received the equivalent of four years of undergraduate education and four years
of post-graduate education.
(4)
If the student who is a former foster child or who is the dependent of a public
safety officer with a disability continues to remain enrolled in a public
university listed in ORS 352.002 or a community college or an independent
institution within the State of Oregon, the student shall be entitled to renewal
of the scholarship until the student has received the equivalent of four years
of undergraduate education.
(5)
The commission may require proof of the student’s relationship to a public
safety officer described in subsection (1) of this section or proof that the
student is a former foster child.
(6)
As used in this section:
(a)
“Former foster child” means an individual who, for a total of 12 or more months
while between the ages of 16 and 21, was a ward of the court pursuant to ORS
419B.100 (1)(b) to (e) and in the legal custody of the Department of Human
Services for out-of-home placement.
(b)
“Public safety officer” means:
(A)
A firefighter or police officer as those terms are defined in ORS 237.610.
(B)
A member of the Oregon State Police.
(C)
A police officer commissioned by a university under ORS 352.383.
(D)
An authorized tribal police officer as defined in section 1, chapter 644,
Oregon Laws 2011.
Note 2: The
amendments to 348.270 by section 51, chapter 644, Oregon Laws 2011, become
operative July 1, 2015. See section 58, chapter 644, Oregon Laws 2011, as
amended by section 77, chapter 644, Oregon Laws 2011. The text that is
operative on and after July 1, 2015, is set forth for the user’s convenience.
348.270. (1) In
addition to any other scholarships provided by law, the commission shall award
scholarships in any public university listed in ORS 352.002, in the Oregon
Health and Science University, in any community college operated under ORS
chapter 341, or in any Oregon-based regionally accredited independent
institution, to any student applying for enrollment or who is enrolled therein,
who is:
(a)
The natural child, adopted child or stepchild of any public safety officer who,
in the line of duty, was killed or so disabled, as determined by the
commission, that the income of the public safety officer is less than that
earned by public safety officers performing duties comparable to those
performed at the highest rank or grade attained by the public safety officer;
or
(b)
A current foster child or former foster child who enrolls in an institution of
higher education as an undergraduate student not later than three years from
the date the student was removed from the care of the Department of Human
Services, the date the student graduated from high school or the date the
student received the equivalent of a high school diploma, whichever date is
earliest.
(2)
Scholarships awarded under this section to students who are dependents of
public safety officers or who are current foster children or former foster
children shall equal the amount of tuition and all fees levied by the
institution against the recipient of the scholarship. However, scholarships
awarded to students who attend independent institutions shall not exceed the
amount of tuition and all fees levied by the University of Oregon.
(3)
If the student who is the dependent of a deceased public safety officer
continues to remain enrolled in a public university listed in ORS 352.002 or a
community college or an independent institution within the State of Oregon, the
student shall be entitled to renewal of the scholarship until the student has
received the equivalent of four years of undergraduate education and four years
of post-graduate education.
(4)
If the student who is a current foster child or former foster child or who is
the dependent of a public safety officer with a disability continues to remain
enrolled in a public university listed in ORS 352.002 or a community college or
an independent institution within the State of Oregon, the student shall be
entitled to renewal of the scholarship until the student has received the
equivalent of four years of undergraduate education.
(5)
The commission may require proof of the student’s relationship to a public
safety officer described in subsection (1) of this section or proof that the
student is a current foster child or former foster child.
(6)
As used in this section:
(a)
“Former foster child” means an individual who, for a total of 12 or more months
while between the ages of 16 and 21, was a ward of the court pursuant to ORS
419B.100 (1)(b) to (e) and in the legal custody of the Department of Human
Services for out-of-home placement.
(b)
“Public safety officer” means:
(A)
A firefighter or police officer as those terms are defined in ORS 237.610.
(B)
A member of the Oregon State Police.
(C)
A police officer commissioned by a university under ORS 352.383.
348.280 Determination of eligibility for
scholarships under ORS 348.270; rules. The Oregon
Student Access Commission shall:
(1)
Determine which students are eligible to receive scholarships under ORS
348.270.
(2)
Grant the appropriate scholarships under ORS 348.270.
(3)
Make necessary rules for application and distribution of the benefits available
under ORS 348.270 and this section.
(4)
Establish rules and procedures necessary to carry out the provisions of ORS
348.270 and this section, including but not limited to the usual and customary
rules for analyzing financial need.
(5)
In awarding scholarships pursuant to its authority under ORS 348.520, give
priority to students who are eligible to receive scholarships under ORS
348.270. [1973 c.784 §§2,3; 1997 c.515 §2; 2007 c.71 §95; 2011 c.637 §151]
348.282 Definitions.
As used in this section and ORS 348.283:
(1)
“Armed Forces of the United States” means:
(a)
The Army, Navy, Air Force, Marine Corps and Coast Guard of the United States;
(b)
The reserves of the Army, Navy, Air Force, Marine Corps and Coast Guard of the
United States; and
(c)
The Oregon National Guard and a National Guard of any other state or territory.
(2)
“Public post-secondary institution” means:
(a)
A public university under the direction of the State Board of Higher Education;
and
(b)
A community college operated under ORS chapter 341.
(3)
“Veteran” has the meaning given that term in ORS 408.225. [2005 c.831 §8; 2009
c.41 §17; 2011 c.637 §152]
Note:
348.282 and 348.283 were enacted into law by the Legislative Assembly but were
not added to or made a part of ORS chapter 348 or any series therein by legislative
action. See Preface to Oregon Revised Statutes for further explanation.
348.283 Oregon Troops to Teachers program;
rules. (1) There is established within the
Oregon Student Access Commission the Oregon Troops to Teachers program. Through
the program, the commission shall pay for all of the resident tuition charges
of a veteran imposed by a public post-secondary institution, provided the
veteran:
(a)
Was discharged from the Armed Forces of the United States;
(b)
Is a resident of Oregon; and
(c)
Agrees to teach:
(A)
In an Oregon school district or public charter school classified as serving a
high poverty area for not less than three years; or
(B)
In the area of mathematics, science or special education for not less than four
years.
(2)
An award under subsection (1) of this section shall be used for the purpose of
paying resident tuition. The commission may not award funds under subsection
(1) of this section for the purpose of paying for books, supplies, housing,
food or any other costs associated with attending a public post-secondary
institution.
(3)
The commission shall adopt rules necessary for the implementation and
administration of this section in consultation with the Department of Education
and the Oregon University System. [2005 c.831 §9; 2009 c.762 §64; 2011 c.637 §153]
Note: See
note under 348.282.
348.285 Oregon Roadmap to Language
Excellence Scholarships; rules. (1) In
addition to any other form of student financial aid authorized by law, the
Oregon Student Access Commission may award, to the extent funds are made
available, an Oregon Roadmap to Language Excellence Scholarship to a qualified
student.
(2)
The Oregon Student Access Commission may:
(a)
Award an initial Oregon Roadmap to Language Excellence Scholarship for up to $2,000
to a qualified student who:
(A)
Is a United States citizen or a noncitizen legally residing in the United
States;
(B)
Has received a diploma from a high school in this state or the equivalent;
(C)
Is attending an eligible post-secondary institution in this state;
(D)
Is pursuing an Associate of Arts or more advanced degree; and
(E)
Demonstrates proficiency in speaking, reading and writing in a natural,
human-based language other than English, excluding computer-based languages,
musical notation and Esperanto.
(b)
Award a subsequent Oregon Roadmap to Language Excellence Scholarship for up to
$2,000 to a student receiving a scholarship under paragraph (a) of this
subsection who has demonstrated a measurable gain of proficiency in speaking,
reading and writing skills in the same language for which the scholarship was
awarded during the previous academic year.
(c)
Award a reduced subsequent Oregon Roadmap to Language Excellence Scholarship to
a student receiving a scholarship under paragraph (a) of this subsection who
has not demonstrated a measurable gain of proficiency in speaking, reading and
writing skills in the same language for which the scholarship was awarded
during the previous academic year. The reduced scholarship is for $500 less
than the amount of the scholarship awarded the previous academic year. The
commission may not award a reduced subsequent scholarship for consecutive
academic years.
(3)
The maximum amount of scholarships awarded to a person under this section may
not exceed $8,000.
(4)
The commission may award scholarships under this section to a person for the
year of the initial scholarship and the next three consecutive years. The
commission shall adopt rules allowing a waiver of the requirement that the
scholarships be awarded in consecutive years for students with approved leaves
of absence for appropriate reasons such as illness, emergency, military service
and other appropriate reasons as determined by the commission.
(5)
The commission may not award scholarships under this section to a student who
is enrolled in a course of study required for and leading to a degree in
theology, divinity or religious education.
(6)
The commission shall adopt rules:
(a)
Establishing priority for Oregon Roadmap to Language Excellence Scholarships
when funds are not available to award scholarships to all qualified students.
(b)
Setting standards for appropriate levels of language proficiency and improved
language proficiency needed for eligible students to qualify for scholarships
under this section.
(c)
Choosing an assessment method for measuring language proficiency in speaking,
reading and writing for the purposes of paragraph (b) of this subsection. The
assessment method must comply with the American Council on the Teaching of
Foreign Languages proficiency guidelines, and must measure only
Intermediate-Mid level language skills and higher. [2011 c.358 §1]
Note:
348.285 was enacted into law by the Legislative Assembly but was not added to
or made a part of ORS chapter 348 or any series therein by legislative action.
See Preface to Oregon Revised Statutes for further explanation.
348.290 Financial aid to study barbering,
hairdressing, manicure and esthetics. The Oregon
Student Access Commission shall apply the interest on the amount transferred to
the Oregon Student Assistance Fund under section 4, chapter 377, Oregon Laws
1985, to provide financial aid, as defined in ORS 348.505, to students to study
barbering, hairdressing, manicure and esthetics at eligible post-secondary
schools. [1985 c.377 §3; 1987 c.31 §19; 2005 c.117 §13; 2011 c.637 §154]
348.300 [1973
c.791 §1; repealed by 1977 c.725 §8]
348.305 [1969
c.624 §1; repealed by 1971 c.735 §10]
RURAL MEDICAL EDUCATION LOANS
348.310 Loans for medical study; rules.
(1) The Oregon Student Access Commission is authorized to make loans to all
qualified applicants, from the fund created in ORS 348.390 (1), to assist in
financing the cost of a program of study leading to the degree of Doctor of
Medicine or to the degree of Doctor of Osteopathic Medicine.
(2)
The commission shall:
(a)
Develop criteria for the preparation of applications and procedures for the
submission, evaluation, priority selection and award of loans provided for in
ORS 348.310 to 348.390;
(b)
Determine the number and amount of loans and loan renewals; and
(c)
Adopt such rules as may be necessary to implement ORS 348.310 to 348.390. [1979
c.532 §2; 2011 c.637 §155]
348.315 [1969
c.624 §2; repealed by 1971 c.735 §10]
348.320 Eligibility for loans; application;
written agreement. (1) A person shall be eligible
for a loan under ORS 348.310 to 348.390 if the person is:
(a)
A bona fide resident of this state;
(b)
Accepted for enrollment, or is a student in good standing in the professional
medical program at an accredited medical school located in the United States or
in an accredited school of osteopathic medicine;
(c)
As a result of personal financial resources, unable to pursue a program of
study in the absence of a loan or would be unable to do so without great hardship;
and
(d)
Desirous of practicing medicine in a rural community in this state, and in an
area which meets the qualifications of a medical shortage area.
(2)
The person desiring consideration for a loan under ORS 348.310 to 348.390 shall
apply to the Oregon Student Access Commission.
(3)
The person desiring consideration for a loan under ORS 348.310 to 348.390 shall
agree in writing to practice medicine in a medical shortage area as defined by
the Oregon Health Authority, for a period equal to the period covered by the
loan, but no less than two years. [1979 c.532 §4; 1987 c.660 §17; 2009 c.595 §221;
2011 c.637 §156]
348.325 [1969
c.624 §3; repealed by 1971 c.735 §10]
348.330 Amount of loans.
In addition to any other financial aid provided by law, the Oregon Student
Access Commission may grant loans in the following amounts:
(1)
Persons in their first or second year of study, or the equivalent thereof, are
eligible for an amount not to exceed $5,000 per academic year.
(2)
Persons in their third or fourth year of study, or the equivalent thereof, are
eligible for an amount not to exceed $7,500 per academic year. [1979 c.532 §5;
2011 c.637 §157]
348.335 [1969
c.624 §4; repealed by 1971 c.735 §10]
348.340 Cost-sharing community loan fund
program; repayment; exception. (1) The
Oregon Student Access Commission is further authorized to establish and
administer cost-sharing loan fund programs which provide for assistance, in
conjunction with community agencies or organizations, selected and approved by
the commission in a rural community in the state having a population of fewer
than 7,500 persons. Participation in such a program shall be on a matching
funds basis between the Rural Medical Education Loan Fund and the approved
community agency and shall fund the educational costs, fees and charges of a
specific, eligible student, who shall be approved by the participating
community and the commission.
(2)
Funds provided from the Rural Medical Education Loan Fund under subsection (1)
of this section shall not exceed 75 percent of the total amount calculated to
be necessary to fund one person for one year, in an approved school as
determined by the commission.
(3)
The eligibility requirements for persons participating in the program
established in subsection (1) of this section shall be the same as the
requirements for eligibility in the loan program under ORS 348.320.
(4)
Upon completion of the program of study and training for licensure, the person
receiving funds under this section shall not be required to repay such funds if
the person practices medicine in the community providing the matching funds.
The person shall practice medicine one year for each year that funds were
provided, but in no event shall the person practice less than two years. [1979 c.532
§8; 2011 c.637 §158]
348.345 [1969
c.624 §5; repealed by 1971 c.735 §10]
348.350 Cost-sharing hospital loan fund
program; limitation; admission to family practice programs.
(1) The Oregon Student Access Commission is authorized to establish and administer
a cost-sharing program to train intern and residency physicians as may be
arranged by contract with an accredited training hospital within this state.
The cost sharing shall be limited to general practice internships and family
practice residencies. The commission may pay up to $18,000 to an institution
for each intern or resident position which is reserved for training students
who are planning to enter medical practice in rural areas.
(2)
Funds for programs established under subsection (1) of this section shall be
paid from the Rural Medical Education Loan Fund.
(3)
No money appropriated under this section shall be used for any program at the
Oregon Health and Science University. The center shall be required to give
priority admissions to recipients under ORS 348.310 to 348.390 in its family
practice residency programs. [1979 c.532 §10; 2011 c.637 §159]
348.355 [1969
c.624 §6; repealed by 1971 c.735 §10]
348.360 Renewal of loans.
Each loan granted under ORS 348.330 and 348.340 is renewable annually. The
Oregon Student Access Commission shall renew the loans upon application by the
recipient when the commission finds that the applicant has successfully
completed the required work for the preceding academic year and is a student in
good standing, is a resident of this state and is in a financial condition that
warrants the continuation of such aid. [1979 c.532 §6; 2011 c.637 §160]
348.365 [1969
c.624 §8; repealed by 1971 c.735 §10]
348.370 Repayment of loans; interest;
conditions; exemption. (1) Persons receiving funds
under ORS 348.310 to 348.390 shall not be required to repay the funds if the
person practices medicine in a rural community in this state having a
population of fewer than 7,500 persons and which meets the qualifications of a
medical shortage area.
(2)
The fund recipient shall practice medicine in the area designated under
subsection (1) of this section at the rate of one year for each year the funds
were provided to that recipient, but in no event shall any recipient practice medicine
in an area less than two years.
(3)
Any person receiving funds under ORS 348.310 to 348.390 who fails to complete
the course of study, shall be required to repay the amount received to the
Rural Medical Education Loan Fund. Ten percent interest shall be charged on the
unpaid balance, accrued from the date the loan was granted.
(4)
Any person receiving funds under ORS 348.310 to 348.390 who completes the
course of study and requirements for licensure but fails to fulfill the
obligations required by the loan, shall repay the amount received to the Rural
Medical Education Loan Fund. Ten percent interest shall be charged on the
unpaid balance, accrued from the date the loan was granted. Additionally, a
penalty fee, equal to 25 percent of the total amount of funds received shall be
assessed against the person. No interest shall accrue on the penalty.
(5)
Any funds received by the Rural Medical Education Loan Fund under subsections
(3) to (6) of this section shall be used by the Oregon Student Access Commission
for the purpose of carrying out the provisions of ORS 348.310 to 348.390.
(6)
The commission may waive any interest or penalty assessed under subsections (3)
to (6) of this section in case of undue hardship. [1979 c.532 §§7,9; 2011 c.637
§161]
348.375 [1969
c.624 §9; repealed by 1971 c.735 §10]
348.380 [1979
c.532 §3; 1987 c.660 §18; repealed by 1993 c.742 §34]
348.390 Rural Medical Education Loan Fund;
sources; use. (1) There is established in the State
Treasury a fund, separate and distinct from the General Fund, to be known as
the Rural Medical Education Loan Fund, which may be invested in the same manner
as the Oregon Student Assistance Fund. This fund may receive funds from state
and private sources for the purpose of making loans to student residents of
this state who are determined to be eligible to receive funds under ORS 348.310
to 348.390. Interest earned by the fund shall be credited to the fund.
(2)
All funds for and relating to loans received by the Oregon Student Access
Commission, including repayments, interest and penalties, for the Rural Medical
Education Loan Fund, except moneys appropriated from the State Treasury for a
specified period of time, are continuously appropriated to the Rural Medical
Education Loan Fund for the purposes for which the fund was created. [1979
c.532 §§1,12; 1989 c.966 §31; 2011 c.637 §162]
348.393 [1995
c.179 §2; repealed by 2007 c.426 §7]
SPEECH-LANGUAGE PATHOLOGIST GRANTS AND
STIPENDS
348.394 Definitions for ORS 348.394 to
348.406. As used in ORS 348.394 to 348.406:
(1)
“Eligible post-secondary institution” means:
(a)
A public university listed in ORS 352.002;
(b)
A community college as defined in ORS 341.005; or
(c)
A generally accredited, not-for-profit institution of higher education.
(2)
“Participant” means a student who receives a grant under ORS 348.401. [2007
c.839 §21; 2011 c.637 §163]
Note:
348.394 to 348.406 were enacted into law by the Legislative Assembly but were
not added to or made a part of ORS chapter 348 or any series therein by
legislative action. See Preface to Oregon Revised Statutes for further
explanation.
348.395 [1995
c.179 §4; repealed by 2007 c.426 §7]
348.397 [1995
c.179 §5; 1997 c.174 §1; repealed by 2007 c.426 §7]
348.398 Department of Education authority;
grants; stipends; rules. (1) The Department of Education
shall establish a program to increase the number of speech-language
pathologists and speech-language pathology assistants in Oregon.
(2)
Through the program the department may award:
(a)
Grants to students studying to become licensed speech-language pathologists or
certified speech-language pathology assistants as provided in ORS 348.401; and
(b)
Stipends to licensed speech-language pathologists who are employed by education
service districts or school districts and provide training to participants.
(3)
The State Board of Education may adopt any rules necessary for the
administration of ORS 348.394 to 348.406. [2007 c.839 §22]
Note: See
note under 348.394.
348.399 [1995
c.179 §7; 1997 c.174 §2; repealed by 2007 c.426 §7]
348.401 Grant eligibility; amount;
employment requirement. (1) To be eligible for
participation in the program under ORS 348.394 to 348.406, a student must:
(a)
Be registered as a student in an eligible post-secondary institution;
(b)
Agree to receive training as a student under the supervision of a staff person
employed by an education service district or a school district;
(c)
Agree to be employed in Oregon for a minimum of two years as a speech-language
pathologist or speech-language pathology assistant within the education service
district where the participant received training as a student;
(d)
Agree to pay back any amount received by the participant as a grant if the
participant does not meet the employment requirement of the program; and
(e)
Meet other requirements placed on the participant by the Department of
Education.
(2)
The Department of Education shall award to each participant selected by the
department for participation in the program:
(a)
A grant in an amount that is up to $2,000 per academic year for participants
who are registered in programs to become speech-language pathology assistants;
and
(b)
A grant in an amount that is up to $9,000 per academic year for participants
who are registered in programs to become speech-language pathologists.
(3)
Notwithstanding subsection (2) of this section, a participant may not receive a
grant under this section that is in an amount that is greater than the tuition
costs of the participant.
(4)
A participant shall complete the employment requirement specified under
subsection (1) of this section not later than three years after the date the
participant graduates from the program. The department may grant a participant
additional time to complete the employment requirement as follows:
(a)
For the period of enrollment if a participant returns to school on a full-time
basis in any course of study at an eligible post-secondary institution; and
(b)
For a period determined by the State Board of Education for other reasons
allowed by the board.
(5)
If a participant does not meet the employment requirement, the participant must
pay back any amount received by the participant as a grant under the program.
The department shall deposit any moneys received under this subsection in the
Speech-Language Pathologist Training Fund. [2007 c.839 §23]
Note: See
note under 348.394.
348.403 Stipend eligibility; amount.
(1) The Department of Education may award stipends to licensed speech-language
pathologists who are employed by education service districts or school
districts and who provide training to participants.
(2)
The department may award to a licensed speech-language pathologist:
(a)
A stipend in an amount that may be up to $400 per participant for providing
training to the participant to become a licensed speech-language pathologist.
(b)
A stipend in an amount that may be up to $200 per participant for providing
training to the participant to become a certified speech-language pathology
assistant. [2007 c.839 §24]
Note: See
note under 348.394.
348.405 [1989
c.227 §2; 1993 c.322 §1; 1999 c.704 §11; repealed by 2007 c.426 §7]
348.406 Speech-Language Pathologist
Training Fund.
(1) The Speech-Language Pathologist
Training Fund is established in the State Treasury, separate and distinct from
the General Fund. Interest earned by the Speech-Language Pathologist Training
Fund shall be credited to the fund. Moneys in the fund are continuously
appropriated to the Department of Education for the purpose of awarding grants
and stipends under ORS 348.394 to 348.406.
(2)
The department may seek grants and donations to provide funding for the
program. The department shall deposit any moneys received under this subsection
in the fund. [2007 c.839 §25]
Note: See
note under 348.394.
348.410 [1989
c.227 §1; 1993 c.322 §2; 1999 c.704 §12; repealed by 2007 c.426 §7]
348.415 [1989
c.227 §§3,4,8; 1993 c.322 §3; repealed by 2007 c.426 §7]
348.420 [1989
c.227 §§5,7,9; 1993 c.322 §4; repealed by 2007 c.426 §7]
348.425 [1989
c.227 §6; repealed by 2007 c.426 §7]
COMMUNITY SERVICE VOUCHER PROGRAM
348.427 Voucher program established; amount;
recipient eligibility. (1) To encourage community
service participation among students in institutions of higher education, there
is established a higher education community service voucher program within the
Oregon Student Access Commission. The commission shall allocate the amount
available to it for the purposes under ORS 348.427 to 348.436 by awarding the
institution’s share of the amount to each institution of higher education in
this state that is eligible for or whose students are eligible for financial
aid under Title IV, Part B, of the Higher Education Act of 1965 as amended. The
institution’s share shall be based on the proportion of its enrollment of
full-time students to the enrollment of full-time students in all institutions
of higher education in this state.
(2)
An institution of higher education in this state that receives an amount under
subsection (1) of this section shall award amounts from the institution’s share
to various academic departments in the institution. Vouchers awarded to
eligible voucher recipients shall be in $35 denominations for each eight hours
of eligible community service. Priority shall be given to otherwise eligible
applicants who have applied previously but not been awarded a place in the
voucher program.
(3)
In order to be eligible, a voucher recipient must perform approved services for
at least 20 hours per week in one term for a state or local government entity
or a nonprofit social service agency recognized as tax-exempt under section
501(c)(3) of the Internal Revenue Code of 1986. However, a voucher recipient
shall not be assigned duties that are performed by a public employee if the
assignment would displace the public employee. A voucher recipient may be
assigned within the institution to assist in maintaining the program authorized
by ORS 348.427 to 348.436.
(4)
A voucher recipient is eligible for the voucher awards for only one term as an
undergraduate student. In addition to the vouchers, the recipient shall receive
graded academic credit to be determined by the institution. However,
participation in the program does not replace any practicum or internship
required for a degree. [1993 c.765 §40; 1999 c.704 §13; 2011 c.637 §164]
348.429 Voucher amount limited; Oregon
Student Access Commission duties; vouchers not personal income; rules.
(1) In addition to any other student assistance provided by the law, the Oregon
Student Access Commission shall award vouchers to eligible students
participating in the program.
(2)
The total of all vouchers earned by a student under this section in one term
shall not exceed an amount equal to the average tuition and associated fees
charged annually to full-time resident undergraduate students by public
universities listed in ORS 352.002.
(3)
Vouchers shall be provided in $35 denominations for each eight hours of
eligible community service.
(4)
The commission shall:
(a)
Determine and approve which community service organizations and services within
the programs of such organizations are eligible for participation in the
program.
(b)
Accept the students that the institutions consider eligible for vouchers under
ORS 348.427 to 348.436.
(c)
Provide payment for vouchers presented by the program students at eligible
institutions.
(d)
Establish procedures necessary to carry out the provisions of ORS 348.427 to
348.436, including adopting necessary rules.
(5)
Funds received in redemption of the vouchers granted pursuant to ORS 348.427 to
348.436 shall not be considered personal income for the purposes of ORS
316.037.
(6)
The vouchers authorized by ORS 348.427 to 348.436 shall first become available
when funds are available therefor from sources other than the General Fund, as
determined by the commission. [1993 c.765 §41; 2011 c.637 §165]
348.431 Tracking system.
Each institution of higher education participating in this program shall
develop a tracking system for the program authorized under ORS 348.427 to
348.436. The tracking system shall include, but not be limited to:
(1)
The number of eligible students participating in the program;
(2)
The number of students applying for participation in the program;
(3)
The community service organizations and governmental agencies participating in
the program; and
(4)
The amount of funds allocated to each academic area under the program. [1993
c.765 §42(1)]
348.433 Limitation on administrative
expenditures. (1) No more than five percent of the
funds available for purposes of ORS 348.427 to 348.436 shall be used by the
state for the administrative expenditures of the program. Administrative
expenditures do not include premiums paid for workers’ compensation benefits.
(2)
An institution of higher education may use an amount not to exceed four percent
of the funds available under ORS 348.427 to 348.436 to meet its expenses in
administering the program. [1993 c.765 §43]
348.436 Community Service Voucher Fund.
There is established in the State Treasury a fund, separate and distinct from
the General Fund, to be known as the Community Service Voucher Fund, which may
be invested in the same manner as the Oregon Student Assistance Fund. This fund
may receive moneys from federal, state or private sources for the purpose of
providing payment for the redemption of vouchers authorized by ORS 348.427 to
348.436 and for the administration of the community service voucher program.
This fund, including the interest earnings thereon, if any, is continuously
appropriated to the Oregon Student Access Commission for those purposes for
which such funds were provided to or received or collected by the commission. [1999
c.243 §2; 2011 c.637 §166]
NURSING FACULTY LOAN REPAYMENT PROGRAM
348.440 Definitions for ORS 348.444 and
348.448. As used in ORS 348.444 and 348.448:
(1)
“Nurse” means any person who is licensed under ORS 678.010 to 678.410 as a
registered nurse.
(2)
“Qualifying loan” means any loan made to a nursing student under:
(a)
Programs under Title IV, parts B, D and E, of the Higher Education Act of 1965,
as amended; or
(b)
The Nursing Student Loan and Health Education Assistance Loan programs
administered by the United States Department of Health and Human Services. [2009
c.815 §1]
Note:
348.440 to 348.448 were enacted into law by the Legislative Assembly but were
not added to or made a part of ORS chapter 348 or any series therein by
legislative action. See Preface to Oregon Revised Statutes for further
explanation.
348.444 Nursing Faculty Loan Repayment
Program; rules. (1) There is created the Nursing
Faculty Loan Repayment Program, to be administered by the Oregon Student Access
Commission. The purpose of the program is to provide loan repayments on behalf
of nurse educators at nursing schools in Oregon who have earned a master’s or doctoral
degree from an accredited nursing education program.
(2)
The commission shall by rule adopt, in consultation with the Oregon State Board
of Nursing and the Oregon Center for Nursing, criteria for participation in the
Nursing Faculty Loan Repayment Program. [2009 c.815 §2; 2011 c.637 §167]
Note: See
note under 348.440.
348.448 Program eligibility; amount;
eligibility period; adjustments to maximum amount.
(1) To be eligible to participate in the Nursing Faculty Loan Repayment
Program, a nurse educator or prospective nurse educator shall submit a letter
of interest to the Oregon Student Access Commission.
(2)
At the end of each school year in which a nurse practices as a nurse educator
in Oregon, the commission shall pay an amount not to exceed the lesser of 20
percent of the total of the nurse’s outstanding qualifying loans or $10,000 as
adjusted under subsection (4) of this section.
(3)
The commission may make the annual payments under this section for up to:
(a)
Three years for a nurse educator who has earned a master’s degree; or
(b)
Five years for a nurse educator who has earned a doctoral degree.
(4)(a)
The commission shall adjust annually the maximum dollar amount allowed under
subsection (2) of this section by multiplying that amount by a cost-of-living
adjustment as specified in this subsection.
(b)
The cost-of-living adjustment applied to the maximum dollar amount allowed
under subsection (2) of this section shall be equal to the ratio of the
seasonally adjusted United States City Average Consumer Price Index for All
Urban Consumers as published by the Bureau of Labor Statistics of the United
States Department of Labor for April of that calendar year divided by the value
of the same index for April 2009.
(c)
If the value of the dollar amount determined under paragraph (a) of this
subsection is not a multiple of $100, the commission shall round the dollar
amount to the next lower multiple of $100. [2009 c.815 §3; 2011 c.637 §168]
Note: See
note under 348.440.
348.450 [1978
c.1 §1; 1995 c.343 §36; renumbered 344.257 in 1995]
348.460 [1978
c.1 §2; 1995 c.343 §37; renumbered 344.259 in 1995]
COOPERATION BETWEEN OREGON UNIVERSITY
SYSTEM AND COMMUNITY COLLEGES
348.470 Legislative findings; cooperation
between Oregon University System and community colleges.
The Legislative Assembly finds and declares that:
(1)
It is the policy of this state to encourage cooperation between the Oregon
University System and community colleges on issues affecting students who
transfer between the two segments; and
(2)
All unnecessary obstacles that restrict student transfer opportunities between
the two segments shall be eliminated. [1987 c.375 §1]
ASPIRE PROGRAMS
348.500 Purpose; goals.
(1) The Oregon Student Access Commission may establish Access to Student
Assistance Programs in Reach of Everyone (ASPIRE) to provide information about
financial aid and education and training options beyond high school to students
in Oregon secondary schools. The goals of the programs are to:
(a)
Provide mentoring and resources to help students access education and training
beyond high school;
(b)
Help high schools build a sustainable community of volunteer mentors; and
(c)
Educate students and families about the scholarship application process and
other options for paying for post-secondary education.
(2)
The programs shall bring together students, school staff, community volunteers
and parents to help students overcome obstacles to their continuing education.
The programs may provide training, technical assistance and other resources to
Oregon high schools on how to establish a volunteer-based program. Adult
volunteers who are trained through the program may provide mentoring, training
and encouragement to students about post-secondary options and financial aid. [2007
c.293 §2; 2011 c.637 §169]
OREGON STUDENT ACCESS COMMISSION
(Administration)
348.505 Definitions for ORS 348.500 to
348.695. As used in ORS 348.500 to 348.695:
(1)
“Commission” means the Oregon Student Access Commission.
(2)
“Financial aid” includes loans, grants, scholarships, work opportunities and
other forms of financial aid to assist students in completing their
post-high-school education. [1967 c.430 §2; 1997 c.652 §33; 1999 c.704 §14;
2007 c.426 §1; 2011 c.637 §170]
348.510 Oregon Student Access Commission;
term; vacancy; confirmation; qualifications. (1)
There is created an Oregon Student Access Commission consisting of seven
members, appointed by the Governor.
(2)
The term of office of a member of the commission is four years, except that the
term for a student member shall be two years, and, after confirmation of the
appointment by the Senate, the member shall serve at the pleasure of the
Governor. Before the expiration of the term of a member, the Governor shall
appoint a successor to succeed the member whose term is expiring. A successor
appointed for a full term shall assume commission member duties on July 1
following the appointment. A member is eligible for reappointment. A student
member is limited to reappointment to one two-year term. In case of a vacancy
on the commission for any cause, except where the vacancy is caused by the
normal expiration of a member’s term, the Governor shall make an appointment to
become immediately effective for the unexpired term.
(3)
The appointment of a member of the commission is subject to confirmation by the
Senate in the manner provided in ORS 171.562 and 171.565.
(4)
Two members of the commission shall be students at institutions of higher
education or community colleges in Oregon at the time of appointment, with the
duly organized and recognized entities of student government at each
institution of higher education or community college submitting the name of one
student to the Governor to assist the Governor in making the appointments. Other
members of the commission shall be residents of this state chosen for their
knowledge of and interest in education, but these other members shall not be
persons employed by any institution of higher education or community college
located in the state. [Formerly 351.635; 1967 c.430 §3; 1969 c.695 §5; 1975
c.151 §1; 1977 c.725 §7; 1985 c.565 §61; 1995 c.120 §1; 1999 c.704 §1; 2011
c.637 §170a]
348.520 Duties.
The Oregon Student Access 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 Higher Education Coordinating Commission and 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 Oregon Student Access Commission; and
(b)
To the methodology used to determine the student share, family share or state
share under ORS 348.205.
(7)
Encourage the establishment of financial aid programs by private agencies.
(8)
Collect and disseminate information pertaining to all types of available
financial aid.
(9)
Review the administrative practices and evaluate the effectiveness of all
public and private post-secondary financial aid programs in Oregon.
(10)
Disburse state appropriations for financial aid in such a manner as to maximize
its role in cooperative coordination of financial aid programs. [Formerly
351.640; 1967 c.430 §4; 1973 c.815 §4; 1997 c.652 §34; 2007 c.802 §5; 2011
c.637 §§171,171a]
Note: The
amendments to 348.520 by section 171a, 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 171,
chapter 637, Oregon Laws 2011, is set forth for the user’s convenience.
348.520. The
Oregon Student Access 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.
(7)
Encourage the establishment of financial aid programs by private agencies.
(8)
Collect and disseminate information pertaining to all types of available
financial aid.
(9)
Review the administrative practices and evaluate the effectiveness of all public
and private post-secondary financial aid programs in Oregon.
(10)
Disburse state appropriations for financial aid in such a manner as to maximize
its role in cooperative coordination of financial aid programs.
348.530 Powers; rulemaking authority.
The Oregon Student Access Commission may:
(1)
Negotiate for and contract with private and governmental agencies for the
establishment of financial aid programs.
(2)
Receive gifts of any type, including gifts of stock and real property, for the
purpose of establishing, continuing and increasing financial aid.
(3)
Administer any form of financial aid submitted to and accepted for
administration by the commission.
(4)
Authorize payment from funds appropriated therefor, of costs, commissions,
attorney fees and other reasonable expenses, including refund of overpayment of
fees, that are related to and necessary for making and protecting guaranteed
loans and recovering moneys and loans and management of property acquired in
connection with such loans.
(5)
Sue and be sued.
(6)
Pursuant to ORS chapter 183, adopt such rules as may be necessary to carry out
the provisions of ORS 348.040 to 348.280, 348.500 to 348.695 and 348.992.
(7)
Cooperatively coordinate all types of financial aid activities.
(8)
Establish a State of Oregon scholar program to recognize students with
outstanding academic achievement and other demonstrated attributes. The
students will not necessarily receive financial aid.
(9)
Guarantee loans by eligible lending institutions to student residents of the
State of Oregon who are enrolled or accepted for enrollment at any eligible
institution, nonresident students enrolled or accepted for enrollment in an
institution of higher education or community college in Oregon, and parents of
those students, under the provisions of the Higher Education Act of 1965 as
amended.
(10)
Deny financial aid to any student owing a refund or in default on financial aid
previously made available to that student.
(11)
Establish and implement any program permitted under federal law to guaranty
agencies, including administrative garnishment and wage withholding under
Public Law 102-164, section 605. [Formerly 351.645; 1967 c.430 §5; 1973 c.721 §5;
1977 c.725 §9; 1981 c.209 §1; 1987 c.48 §1; 1995 c.179 §8; 1997 c.652 §35; 2003
c.360 §§1,2; 2007 c.426 §§2,3; 2011 c.637 §172]
348.540 Officers of commission; quorum;
meetings. (1) The Oregon Student Access
Commission shall select one of its members as chairperson, and another as vice
chairperson, for such terms and with such powers and duties necessary for the
performance of the functions of such offices as the commission shall determine.
(2)
A majority of the commission constitutes a quorum for the transaction of
business.
(3)
The commission shall meet at the call of the chairperson or of a majority of
the members of the commission. [Formerly 351.650; 2011 c.637 §172a]
348.550 Compensation and expenses of
commission members. A member of the Oregon Student
Access Commission is entitled to compensation and expenses as provided in ORS
292.495. [Formerly 351.655; 1969 c.314 §24; 2011 c.637 §172b]
348.560 Staff; office space.
Subject to any applicable provisions of the State Personnel Relations Law, the
Oregon Student Access Commission may employ and fix the compensation of any
employees it deems necessary for the effective conduct of the work under its
charge. The commission may also arrange with the Oregon University System for
use of staff and office space under the jurisdiction of the Oregon University
System. [Formerly 351.660; 2011 c.637 §172c]
348.563 Authority of Oregon Student Access
Commission to require fingerprints. For the
purpose of requesting a state or nationwide criminal records check under ORS
181.534, the Oregon Student Access Commission may require the fingerprints of a
person who:
(1)(a)
Is employed or applying for employment by the commission; or
(b)
Provides services or seeks to provide services to the commission as a
contractor or volunteer; and
(2)
Is, or will be, working or providing services in a position:
(a)
In which the person has direct access to facilities where students reside or to
persons under 18 years of age, elderly persons or persons with disabilities;
(b)
In which the person is providing information technology services and has control
over, or access to, information technology systems that would allow the person
to harm the information technology systems or the information contained in the
systems;
(c)
In which the person has access to information, the disclosure of which is
prohibited by state or federal laws, rules or regulations or information that
is defined as confidential under state or federal laws, rules or regulations;
or
(d)
That has payroll functions or in which the person has responsibility for
receiving, receipting or depositing money or negotiable instruments, for
billing, collections or other financial transactions or for purchasing or
selling property or has access to property held in trust or to private property
in the temporary custody of the state. [2005 c.730 §70; 2011 c.637 §173]
Note:
348.563 was enacted into law by the Legislative Assembly but was not added to
or made a part of ORS chapter 348 or any series therein by legislative action.
See Preface to Oregon Revised Statutes for further explanation.
348.570 Funds and accounts created.
(1) There is established in the State Treasury a fund, separate and distinct
from the General Fund, to be known as the Oregon Student Assistance Fund for
investment as provided by ORS 293.701 to 293.820 and for the payment of the
expenses of the Oregon Student Access Commission in carrying out the purposes
of ORS 348.210 to 348.250, 348.285, 348.505 to 348.615, 348.696 and 348.992.
Interest earned by the fund shall be credited to the fund.
(2)
There is established in the State Treasury a fund, separate and distinct from
the General Fund, to be known as the Alternative Student Loan Program Fund for
investment as provided by ORS 293.701 to 293.820 and for the payment of
expenses of the commission in carrying out the purposes of ORS 348.625 to
348.695. This fund, including the interest earnings on the fund, if any, is
continuously appropriated to the commission for those purposes for which such
funds were provided to, received or collected by the commission.
(3)(a)
There is established in the General Fund an account to be known as the Nursing
Services Account. Funds in the account shall be used for the payment of
expenses of the Nursing Services Program created in ORS 442.540.
(b)
The account shall consist of:
(A)
Funds appropriated to the Oregon Student Access Commission for deposit into the
account;
(B)
Collections and penalties received by the commission under ORS 442.545; and
(C)
Any donations or grants received by the commission for purposes of the Nursing
Services Program.
(c)
Any funds in the account that are not expended in any biennium shall be
retained in the account and may be expended in subsequent biennia.
(4)
There is established in the State Treasury a fund, separate and distinct from
the General Fund, to be known as the Foster Youth Scholarship Fund. Moneys
received from appropriations, donations and grants shall be credited to the
fund. Moneys in the fund are continuously appropriated to the Oregon Student
Access Commission for the purposes of investment, as provided by ORS 293.701 to
293.820, and for carrying out the provisions of ORS 348.270 (1)(b). Interest
earned by the fund shall be credited to the fund.
(5)
There is established in the State Treasury a fund, separate and distinct from
the General Fund, to be known as the ASPIRE Program Fund. Moneys received from
donations and grants shall be credited to the ASPIRE Program Fund. Moneys in
the fund are continuously appropriated to the Oregon Student Access Commission
for the purposes of investment, as provided by ORS 293.701 to 293.820, and for
carrying out the provisions of ORS 348.500. Interest earned by the fund shall
be credited to the fund.
(6)(a)
There is established in the State Treasury the Nursing Faculty Loan Repayment
Fund, separate and distinct from the General Fund. Interest earned on the
Nursing Faculty Loan Repayment Fund shall be credited to the fund. Moneys in
the fund are continuously appropriated to the Oregon Student Access Commission
for carrying out ORS 348.440 to 348.448. The Nursing Faculty Loan Repayment
Fund consists of:
(A)
Moneys appropriated to the commission for the Nursing Faculty Loan Repayment
Program created in ORS 348.444; and
(B)
Grants, gifts or donations received by the commission for the program.
(b)
Any unexpended funds in the fund at the end of a biennium shall be retained in
the fund and may be expended in subsequent biennia. [Formerly 351.665; 1967
c.335 §41; 1967 c.430 §§6, 7; 1969 c.573 §4; 1975 c.520 §5; 1977 c.725 §10;
1981 c.209 §2; 1983 c.639 §1; 1987 c.48 §2; 1987 c.842 §18; 1989 c.966 §32;
1997 c.524 §5; 1999 c.704 §3; 2001 c.599 §6; 2001 c.730 §2; 2003 c.360 §§4,5;
2007 c.293 §§3,4; 2007 c.426 §§4,5; 2009 c.815 §4; 2011 c.358 §3; 2011 c.637 §174;
2011 c.642 §3]
348.575 [1969
c.573 §2; 1983 c.639 §2; 1985 c.565 §62; repealed by 2007 c.426 §7]
348.580 Agreements with community
foundations. (1) Subject to the terms of the
governing instruments and applicable law, the Oregon Student Access Commission
may enter into agreements with one or more community foundations in Oregon to
assume the management of the privately funded student aid programs of the
commission. The commission may transfer to the community foundation any or all
gifts or scholarship grants received by the commission from any private donor.
(2)
All gifts or scholarship grant funds received by the commission that are not
transferred to community foundations pursuant to subsection (1) of this section
shall be placed in the hands of the State Treasurer, who is designated as the
custodian thereof and who may hold, in the manner provided by law, the
principal and interest on the gifts and grants. Funds may be withdrawn
periodically by the commission to provide for administrative expenditures and
make payments upon scholarships awarded by the commission.
(3)
As used in this section, “community foundation” means an organization that is:
(a)
A community trust or foundation within the meaning of section 170 of the
Internal Revenue Code of 1986 and section 1.170A-9(e)(10) of the Treasury
Regulations thereunder;
(b)
Exempt from federal income tax under section 501(c)(3) of the Internal Revenue
Code of 1986; and
(c)
Not a private foundation within the meaning of section 509 of the Internal
Revenue Code of 1986. [Formerly 351.670; 1967 c.335 §42; 1987 c.394 §6; 1993
c.258 §1; 1995 c.12 §5; 1997 c.524 §1; 2011 c.637 §175]
348.590 Continuous appropriation of
certain funds. All funds for and relating to student
aid programs received by the Oregon Student Access Commission pursuant to
federal grant or from any other source, except moneys appropriated from the
State Treasury for a specified period of time, hereby are continuously
appropriated to the commission for the purposes for which such funds were
provided and received by the commission. [Formerly 351.672; 1987 c.394 §7; 2011
c.637 §176]
348.592 Loan cancellation insurance.
(1) The Oregon Student Access Commission may obtain loan cancellation insurance
for any person holding a loan under this section and ORS 348.505 to 348.530 and
348.570.
(2)
Such insurance shall insure the life of the student who borrows under this
section and ORS 348.505 to 348.530 and 348.570 for the amount of the principal
and interest due on the loan and the State of Oregon shall be named as the
beneficiary. If the borrower dies before repaying the loan, the insurance shall
be used to pay the balance of the loan and the commission shall issue a
satisfaction of the obligation.
(3)
The Oregon Department of Administrative Services shall procure bids for the
purchasing of insurance in compliance with the laws governing the purchase and
furnishing of services to state agencies. [Formerly 348.620; 2011 c.637 §177]
Note:
348.592 was added to and made a part of 348.500 to 348.695 by legislative
action but was not added to any smaller series therein. See Preface to Oregon
Revised Statutes for further explanation.
(Degrees)
348.594 Definitions for ORS 348.594 to
348.615. As used in ORS 348.594 to 348.615:
(1)(a)
“Diploma mill” means:
(A)
A school against which a court or public body, as defined in ORS 174.109, has
issued a ruling or finding, after due process procedures, that the school has
engaged in dishonest, fraudulent or deceptive practices related to the award of
degrees, academic standards or student learning requirements; or
(B)
An entity without legal authority as a school to issue degrees valid as
credentials in the jurisdiction that authorizes issuance of degrees.
(b)
“Diploma mill” does not include:
(A)
A school operating legally under ORS 348.604; or
(B)
A school that is actively seeking and able to show evidence of reasonable
progress toward regional accreditation with one of the regional post-secondary
accrediting bodies recognized by the United States Department of Education.
(2)
“School” means a person, organization, school or institution of learning that
confers or offers to confer an academic degree upon a person or to provide
academic credit applicable to a degree. [1997 c.652 §8; 1999 c.59 §93; 2005
c.546 §8; 2007 c.325 §1]
348.596 Purpose of ORS 348.594 to 348.615.
It is the purpose of ORS 348.594 to 348.615 to provide for the protection of
the citizens of Oregon and their post-secondary schools by ensuring the quality
of higher education and preserving the integrity of an academic degree as a
public credential. [1997 c.652 §9; 1999 c.59 §94]
348.597 Applicability of ORS 348.594 to
348.615. (1) Except as provided in subsection
(2) of this section, ORS 348.594 to 348.615 apply to all schools that operate
in this state.
(2)
ORS 348.594 to 348.615 do not apply to:
(a)
An Oregon community college;
(b)
A public university listed in ORS 352.002;
(c)
The Oregon Health and Science University;
(d)
A school, or a separately accredited campus of a school, if the school:
(A)
Is a nonprofit school that is exempt from federal income tax under section
501(c)(3) of the Internal Revenue Code;
(B)
Conferred degrees in this state under the same control for at least five
consecutive years; and
(C)
Is accredited by a regional accrediting association or its national successor;
(e)
A school that, on July 14, 2005, was a school that met the criteria and
followed procedures to obtain a religious exemption adopted by rule by the
Oregon Student Access Commission and that offered only degrees with approved
titles in theology or religious occupations; or
(f)
A school that is exempt from ORS 348.594 to 348.615 under ORS 348.604.
(3)
The Higher Education Coordinating Commission shall issue a separate license to
issue degrees to each school that meets the requirements for exemption from
evaluation by the office set forth in subsection (2)(d) of this section. The
license shall remain in effect if the school continues to meet the requirements
of subsection (2)(d) of this section. [2005 c.546 §1; 2007 c.325 §4; 2009 c.172
§1; 2011 c.353 §1; 2011 c.637 §178]
Note:
348.597, 348.604, 348.605, 348.607 and 348.608 were enacted into law by the
Legislative Assembly but were not added to or made a part of ORS chapter 348 or
any series therein by legislative action. See Preface to Oregon Revised Statutes
for further explanation.
348.599 [1997
c.652 §7; 1999 c.704 §15; repealed by 2011 c.637 §291a]
Note:
348.599 is repealed July 1, 2012. See sections 291a and 292, chapter 637,
Oregon Laws 2011. 348.599, as operative until July 1, 2012, is set forth for
the user’s convenience.
348.599 Office of Degree Authorization.
The Office of Degree Authorization is created within the Oregon Student Access
Commission. The commission shall appoint an administrator of the office.
348.600
[Formerly 351.675; repealed by 1977 c.725 §11]
348.601 Degree Authorization Account.
The Degree Authorization Account is established separate and distinct from the
General Fund. All moneys received by the Higher Education Coordinating
Commission under ORS 348.603, 348.606 and 348.609 shall be deposited into the
account and are continuously appropriated to the Higher Education Coordinating
Commission to carry out the duties, functions and powers of the commission
under ORS 348.594 to 348.615. [2003 c.674 §5; 2011 c.637 §179]
Note: The
amendments to 348.601 by section 179, 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, is set forth for the user’s
convenience.
348.601. The Office
of Degree Authorization Account is established separate and distinct from the
General Fund. All moneys received by the office, other than appropriations from
the General Fund, shall be deposited into the account and are continuously
appropriated to the Oregon Student Access Commission to carry out the duties,
functions and powers of the office.
348.603 Duties of commission relating to
degree authorization and nondegree programs; approval of new post-secondary
program or location; rules; fees. (1) The
Higher Education Coordinating Commission 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 ORS 348.611, 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 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. [1997 c.652 §10; 2001 c.454 §2; 2003 c.674 §1; 2007 c.325 §2;
2009 c.328 §3; 2011 c.637 §180]
Note: The
amendments to 348.603 by section 180, 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, is set forth for the user’s
convenience.
348.603. (1)
The Oregon Student Access 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 ORS 348.611, 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.
348.604 Exemption from ORS 348.594 to
348.615. Upon application from a school, as
defined in ORS 348.594, the Higher Education Coordinating Commission shall
grant an exemption from ORS 348.594 to 348.615 to the school if the school:
(1)
Is, or is operated by, a nonprofit corporation;
(2)
Offers only associate, bachelor’s or master’s degrees with titles in theology
or religious occupations, or, if the school also offers doctoral degrees,
offers doctoral degrees in theology or religious occupations that have been
approved by a federally recognized accrediting organization;
(3)
Teaches students with faculty members who:
(a)
Hold degrees:
(A)
From a school that, at the time of the conferral of the degrees, was accredited
by a federally recognized accrediting organization, held an exemption under
this section, or was a school that, on July 14, 2005, met the criteria and
followed procedures to obtain a religious exemption adopted by rule by the
Oregon Student Access Commission and that offered only degrees with approved
titles in theology or religious occupations;
(B)
That are at least one level above the degree level of the program in which the
faculty members teach or that are the terminal degrees in the field in which
the faculty members teach; and
(C)
That are not honorary degrees; or
(b)
Possess sufficient compensatory qualifications to substitute for academic
degrees in the fields in which the faculty members teach;
(4)
Offers a curriculum:
(a)
Of a duration and level that is comparable to the curriculums offered by
schools that are not exempt under this section; and
(b)
That, with higher degrees, increases the difficulty of the work expected of
students;
(5)
Requires students to complete academic assignments and to demonstrate learning
appropriate to the curriculum;
(6)
Awards credit toward degrees proportionate to the work done by students;
(7)
Offers admission:
(a)
To a student:
(A)
With a high school diploma or an equivalent credential; or
(B)
Who completed the equivalent of a high school education through home study; and
(b)
Based on evidence that the student can reasonably expect to complete a degree
and benefit from the education offered;
(8)
Provides or arranges for faculty members and students to have access to
information that supports instruction and stimulates research or independent
study in all areas of the curriculum;
(9)
Provides accurate and appropriate credit transcripts to students of the school
and accurate and appropriate diplomas to graduates of the school;
(10)
Charges tuition by the credit hour or other fixed rate for instruction during
an academic term and does not charge tuition or fees for the award of a degree
or charge a single fee for an entire degree program;
(11)
Provides the oversight required by the commission over a faculty member or
administrator who has:
(a)
Been convicted of a felony; or
(b)
Violated a state or federal law related to the operation of a school;
(12)
Provides facilities that permit private communication between faculty members
and students;
(13)
Provides a number of faculty members that is adequate for the number of
students enrolled;
(14)
Provides clear and accurate information to students about the school’s
expectations of students in the school’s courses;
(15)
Ensures that a student who is pursuing a degree is making continuous progress
toward the degree;
(16)
Before a student enrolls in the school, informs the student that a school to
which the student might transfer retains the discretion whether to accept the
transfer of credits earned at the school;
(17)
Provides official transcripts of faculty members to the commission; and
(18)
Pays the fee imposed by ORS 348.607. [2005 c.546 §2; 2011 c.353 §2; 2011 c.637 §181]
Note: The
amendments to 348.604 by section 181, 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 2,
chapter 353, Oregon Laws 2011, is set forth for the user’s convenience.
348.604. Upon
application from a school, as defined in ORS 348.594, the Oregon Student Access
Commission, through the Office of Degree Authorization, shall grant an
exemption from ORS 348.594 to 348.615 to the school if the school:
(1)
Is, or is operated by, a nonprofit corporation;
(2)
Offers only associate, bachelor’s or master’s degrees with titles in theology
or religious occupations, or, if the school also offers doctoral degrees,
offers doctoral degrees in theology or religious occupations that have been
approved by a federally recognized accrediting organization;
(3)
Teaches students with faculty members who:
(a)
Hold degrees:
(A)
From a school that, at the time of the conferral of the degrees, was accredited
by a federally recognized accrediting organization, held an exemption under
this section, or was a school that, on July 14, 2005, met the criteria and
followed procedures to obtain a religious exemption adopted by rule by the
Oregon Student Access Commission and that offered only degrees with approved
titles in theology or religious occupations;
(B)
That are at least one level above the degree level of the program in which the
faculty members teach or that are the terminal degrees in the field in which
the faculty members teach; and
(C)
That are not honorary degrees; or
(b)
Possess sufficient compensatory qualifications to substitute for academic
degrees in the fields in which the faculty members teach;
(4)
Offers a curriculum:
(a)
Of a duration and level that is comparable to the curriculums offered by
schools that are not exempt under this section; and
(b)
That, with higher degrees, increases the difficulty of the work expected of
students;
(5)
Requires students to complete academic assignments and to demonstrate learning
appropriate to the curriculum;
(6)
Awards credit toward degrees proportionate to the work done by students;
(7)
Offers admission:
(a)
To a student:
(A)
With a high school diploma or an equivalent credential; or
(B)
Who completed the equivalent of a high school education through home study; and
(b)
Based on evidence that the student can reasonably expect to complete a degree
and benefit from the education offered;
(8)
Provides or arranges for faculty members and students to have access to
information that supports instruction and stimulates research or independent
study in all areas of the curriculum;
(9)
Provides accurate and appropriate credit transcripts to students of the school
and accurate and appropriate diplomas to graduates of the school;
(10)
Charges tuition by the credit hour or other fixed rate for instruction during
an academic term and does not charge tuition or fees for the award of a degree
or charge a single fee for an entire degree program;
(11)
Provides the oversight required by the commission through the office over a
faculty member or administrator who has:
(a)
Been convicted of a felony; or
(b)
Violated a state or federal law related to the operation of a school;
(12)
Provides facilities that permit private communication between faculty members
and students;
(13)
Provides a number of faculty members that is adequate for the number of
students enrolled;
(14)
Provides clear and accurate information to students about the school’s
expectations of students in the school’s courses;
(15)
Ensures that a student who is pursuing a degree is making continuous progress
toward the degree;
(16)
Before a student enrolls in the school, informs the student that a school to
which the student might transfer retains the discretion whether to accept the
transfer of credits earned at the school;
(17)
Provides official transcripts of faculty members to the office; and
(18)
Pays the fee imposed by ORS 348.607.
Note: See
note under 348.597.
348.605 Restrictions and duties of
exempted schools. (1) A school that obtains an
exemption under ORS 348.604 or that, on July 14, 2005, met the criteria and
followed procedures to obtain a religious exemption adopted by rule by the
Oregon Student Access Commission and that offered only degrees with approved
titles in theology or religious occupations may not:
(a)
Award more than 25 percent of the credit toward a degree for noninstructional
activities, such as challenge examinations and professional or life
experiences;
(b)
Represent that the school is:
(A)
Approved by the State of Oregon; or
(B)
Accredited by an organization unless the organization is recognized as an
accreditor by the United States Department of Education; or
(c)
Pay a faculty member a commission or otherwise base a faculty member’s
compensation on the faculty member’s recruitment of students to the school.
(2)
A school that obtains an exemption under ORS 348.604 or that, on July 14, 2005,
met the criteria and followed procedures to obtain a religious exemption
adopted by rule by the Oregon Student Access Commission and that offered only
degrees with approved titles in theology or religious occupations shall:
(a)
Preserve official transcripts for all faculty members and students;
(b)
Notify the Higher Education Coordinating Commission if a faculty member or
administrator at the school has:
(A)
Been convicted of a felony; or
(B)
Violated a state or federal law related to the operation of a school;
(c)
Place in any course catalog that is available to students or to the public a
notice that states: “(Name of school) has been granted exempt status by the
State of Oregon to offer theological and/or religious occupations degrees.”;
(d)
If the school closes, return to students tuition payments for the current term
on a prorated basis;
(e)
If the school provides placement services to a student, describe the placement
services clearly and accurately to the student and avoid giving unrealistic
expectations of placement to the student; and
(f)
If an administrator claims to possess an academic degree:
(A)
Ensure that the administrator possesses the academic degree that the
administrator claims to possess; and
(B)
Require that the degree is from a school that, at the time of the conferral of
the degree, was accredited by a federally recognized accrediting organization,
held an exemption under this section, or was a school that, on July 14, 2005,
met the criteria and followed procedures to obtain a religious exemption
adopted by rule by the Oregon Student Access Commission and offered only
degrees with approved titles in theology or religious occupations. [2005 c.546 §3;
2011 c.353 §3; 2011 c.637 §182]
Note: The
amendments to 348.605 by section 182, 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 3, chapter 353,
Oregon Laws 2011, is set forth for the user’s convenience.
348.605. (1) A
school that obtains an exemption under ORS 348.604 or that, on July 14, 2005,
met the criteria and followed procedures to obtain a religious exemption
adopted by rule by the Oregon Student Access Commission and that offered only
degrees with approved titles in theology or religious occupations may not:
(a)
Award more than 25 percent of the credit toward a degree for noninstructional
activities, such as challenge examinations and professional or life
experiences;
(b)
Represent that the school is:
(A)
Approved by the State of Oregon; or
(B)
Accredited by an organization unless the organization is recognized as an
accreditor by the United States Department of Education; or
(c)
Pay a faculty member a commission or otherwise base a faculty member’s
compensation on the faculty member’s recruitment of students to the school.
(2)
A school that obtains an exemption under ORS 348.604 or that, on July 14, 2005,
met the criteria and followed procedures to obtain a religious exemption
adopted by rule by the Oregon Student Access Commission and that offered only
degrees with approved titles in theology or religious occupations shall:
(a)
Preserve official transcripts for all faculty members and students;
(b)
Notify the Office of Degree Authorization if a faculty member or administrator
at the school has:
(A)
Been convicted of a felony; or
(B)
Violated a state or federal law related to the operation of a school;
(c)
Place in any course catalog that is available to students or to the public a
notice that states: “(Name of school) has been granted exempt status by the
State of Oregon to offer theological and/or religious occupations degrees.”;
(d)
If the school closes, return to students tuition payments for the current term
on a prorated basis;
(e)
If the school provides placement services to a student, describe the placement
services clearly and accurately to the student and avoid giving unrealistic
expectations of placement to the student; and
(f)
If an administrator claims to possess an academic degree:
(A)
Ensure that the administrator possesses the academic degree that the
administrator claims to possess; and
(B)
Require that the degree is from a school that, at the time of the conferral of
the degree, was accredited by a federally recognized accrediting organization,
held an exemption under this section, or was a school that, on July 14, 2005,
met the criteria and followed procedures to obtain a religious exemption
adopted by rule by the Oregon Student Access Commission and offered only
degrees with approved titles in theology or religious occupations.
Note: See
note under 348.597.
348.606 Conferring or offering of degree
before approval obtained prohibited; fees; rules.
(1) A school may not confer or offer to confer any academic degree upon a
person, or provide services purporting to lead to a degree in whole or in part,
without first obtaining approval from the Higher Education Coordinating
Commission. The commission shall adopt by rule standards and procedures for the
approval of schools.
(2)(a)
The commission, by rule, may impose a fee on any school applying for approval
to confer or offer to confer a degree upon a person or to provide academic
credit applicable to a degree. The fee is nonrefundable.
(b)
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, and may not exceed the following amounts adjusted for inflation
annually, beginning on July 1, 2007, pursuant to the increase, if any, from the
preceding year in the U.S. City Average Consumer Price Index for All Urban
Consumers (All Items) as published by the Bureau of Labor Statistics of the
United States Department of Labor:
(A)
For a doctoral degree, $5,500.
(B)
For a master’s degree, $4,150.
(C)
For a bachelor’s degree, $4,150.
(D)
For an associate degree, $2,750.
(E)
For a certificate or for any partial degree program, $1,000.
(c)
In addition to the base fee described in paragraph (b) of this subsection, the
commission may assess the actual costs related to the use of experts to
evaluate programs leading to professional licensure by the state, if such costs
exceed 10 percent of the base fee.
(d)
Any fees collected under this subsection shall be deposited in the Degree
Authorization Account established under ORS 348.601. [1997 c.652 §11; 1999 c.59
§95; 2003 c.674 §2; 2005 c.546 §9; 2007 c.325 §3; 2011 c.637 §183]
Note: The
amendments to 348.606 by section 183, 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, is set forth for the user’s
convenience.
348.606. (1) A
school may not confer or offer to confer any academic degree upon a person, or
provide services purporting to lead to a degree in whole or in part, without
first obtaining approval from the Oregon Student Access Commission through the
Office of Degree Authorization. The commission shall adopt by rule standards
and procedures for the approval of schools.
(2)(a)
The commission, by rule, may impose a fee on any school applying for approval
to confer or offer to confer a degree upon a person or to provide academic
credit applicable to a degree. The fee is nonrefundable.
(b)
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, and may not exceed the following amounts adjusted for inflation
annually, beginning on July 1, 2007, pursuant to the increase, if any, from the
preceding year in the U.S. City Average Consumer Price Index for All Urban
Consumers (All Items) as published by the Bureau of Labor Statistics of the
United States Department of Labor:
(A)
For a doctoral degree, $5,500.
(B)
For a master’s degree, $4,150.
(C)
For a bachelor’s degree, $4,150.
(D)
For an associate degree, $2,750.
(E)
For a certificate or for any partial degree program, $1,000.
(c)
In addition to the base fee described in paragraph (b) of this subsection, the
commission may assess the actual costs related to the use of experts to
evaluate programs leading to professional licensure by the state, if such costs
exceed 10 percent of the base fee.
(d)
Any fees collected under this subsection shall be deposited in the Office of
Degree Authorization Account established under ORS 348.601.
348.607 Fee for exemption application;
rules; prohibition on requirements for religious exemption.
(1) The Higher Education Coordinating Commission may, by rule, impose a fee on
a school that applies for an exemption under ORS 348.604. The amount of the fee
may not exceed the lesser of:
(a)
The actual cost to the commission of determining the school’s compliance with
the requirements for an exemption under ORS 348.604; or
(b)
Fifty percent of the fee that the commission would impose on the school under
ORS 348.606 (2) if the school were applying for approval to offer a bachelor’s
degree.
(2)
Except as provided in ORS 348.604 or 348.608 or section 6, chapter 546, Oregon
Laws 2005, the commission may not impose requirements for a religious exemption
from ORS 348.594 to 348.615. [2005 c.546 §4; 2007 c.325 §5; 2011 c.637 §184]
Note: The
amendments to 348.607 by section 184, 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, is set forth for the user’s
convenience.
348.607. (1)
The Oregon Student Access Commission may, by rule, impose a fee on a school
that applies for an exemption under ORS 348.604. The amount of the fee may not
exceed the lesser of:
(a)
The actual cost to the commission of determining the school’s compliance with
the requirements for an exemption under ORS 348.604; or
(b)
Fifty percent of the fee that the commission would impose on the school under
ORS 348.606 (2) if the school were applying for approval to offer a bachelor’s
degree.
(2)
Except as provided in ORS 348.604 or 348.608 or section 6, chapter 546, Oregon
Laws 2005, the commission may not impose requirements for a religious exemption
from ORS 348.594 to 348.615.
Note: See
note under 348.597.
348.608 Certification by exempt school;
suspension or revocation of exemption; appeal.
(1) Each year, on a date prescribed by the Higher Education Coordinating
Commission, a school that obtains an exemption under ORS 348.604 or a school
that, on July 14, 2005, met the criteria and followed procedures to obtain a
religious exemption adopted by rule by the Oregon Student Access Commission and
that offered only degrees with approved titles in theology or religious
occupations, shall submit to the commission a statement that reads: “(Name of
School) hereby certifies that the school remains in compliance with all
conditions for a religious exemption from ORS 348.594 to 348.615.”
(2)
A school that obtains an exemption under ORS 348.604 or a school that, on the
July 14, 2005, met the criteria and followed procedures to obtain a religious
exemption adopted by rule by the Oregon Student Access Commission and that
offered only degrees with approved titles in theology or religious occupations
remains exempt unless the commission suspends or revokes the exemption.
(3)
The commission may suspend or revoke an exemption if:
(a)
After the notice and opportunity to cure provided in subsection (4) of this
section, a school fails to provide the statement required by subsection (1) of
this section;
(b)
The commission has received a complaint from a student or former student of the
school that the school is failing to comply with a condition for exemption
under ORS 348.604, the commission determines that the complaint is valid, the
school has been provided with notice and opportunity to cure as required by
subsection (4) of this section and the school fails to comply with the
condition listed in the notice; or
(c)
After the notice and opportunity to cure provided in subsection (4) of this
section, a school is in violation of ORS 348.605.
(4)
The commission shall provide notice of and 90 days to cure a school’s:
(a)
Failure to provide the statement required by subsection (1) of this section;
(b)
Failure to maintain compliance with a condition for exemption under ORS 348.604
if the commission has received a complaint from a student or former student of
the school that the school is failing to comply with a condition for exemption
under ORS 348.604 and the commission has determined the complaint is valid; or
(c)
Violation of ORS 348.605.
(5)
A school may appeal the denial, suspension or revocation of an exemption to the
commission.
(6)
A school may appeal the commission’s decision that a faculty member does not
possess sufficient compensatory qualifications to substitute for an academic
degree in the field in which the faculty member teaches.
(7)
The commission shall conduct an appeal under this section as a contested case
under ORS chapter 183.
(8)(a)
If a school appeals the denial, suspension or revocation of an exemption and
the commission upholds the denial, suspension or revocation, the commission
shall provide the school 90 days to cure the grounds for the denial, suspension
or revocation. If the school does not cure the grounds for the denial,
suspension or revocation within 90 days after the commission upholds the
denial, suspension or revocation, then the denial, suspension or revocation
becomes effective 90 days after the issuance of the decision on the appeal by
the commission.
(b)
If a school does not appeal the denial, suspension or revocation of an
exemption to the commission and the school does not cure the grounds for the
denial, suspension or revocation within the period of time to appeal the
decision to the commission, then the denial, suspension or revocation becomes
effective upon the expiration of the period of time to appeal. [2005 c.546 §5;
2011 c.353 §4; 2011 c.637 §185]
Note: The
amendments to 348.608 by section 185, 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 4,
chapter 353, Oregon Laws 2011, is set forth for the user’s convenience.
348.608. (1)
Each year, on a date prescribed by the Office of Degree Authorization, a school
that obtains an exemption under ORS 348.604 or a school that, on July 14, 2005,
met the criteria and followed procedures to obtain a religious exemption
adopted by rule by the Oregon Student Access Commission and that offered only
degrees with approved titles in theology or religious occupations, shall submit
to the office a statement that reads: “(Name of School) hereby certifies that the
school remains in compliance with all conditions for a religious exemption from
ORS 348.594 to 348.615.”
(2)
A school that obtains an exemption under ORS 348.604 or a school that, on July
14, 2005, met the criteria and followed procedures to obtain a religious
exemption adopted by rule by the Oregon Student Access Commission and that
offered only degrees with approved titles in theology or religious occupations
remains exempt unless the office suspends or revokes the exemption.
(3)
The office may suspend or revoke an exemption if:
(a)
After the notice and opportunity to cure provided in subsection (4) of this
section, a school fails to provide the statement required by subsection (1) of
this section;
(b)
The office has received a complaint from a student or former student of the
school that the school is failing to comply with a condition for exemption
under ORS 348.604, the office determines that the complaint is valid, the
school has been provided with notice and opportunity to cure as required by subsection
(4) of this section and the school fails to comply with the condition listed in
the notice; or
(c)
After the notice and opportunity to cure provided in subsection (4) of this
section, a school is in violation of ORS 348.605.
(4)
The Oregon Student Access Commission, through the office, shall provide notice
of and 90 days to cure a school’s:
(a)
Failure to provide the statement required by subsection (1) of this section;
(b)
Failure to maintain compliance with a condition for exemption under ORS 348.604
if the office has received a complaint from a student or former student of the
school that the school is failing to comply with a condition for exemption
under ORS 348.604 and the office has determined the complaint is valid; or
(c)
Violation of ORS 348.605.
(5)
A school may appeal the denial, suspension or revocation of an exemption to the
commission.
(6)
A school may appeal to the commission the office’s decision that a faculty
member does not possess sufficient compensatory qualifications to substitute
for an academic degree in the field in which the faculty member teaches.
(7)
The commission shall conduct an appeal under this section as a contested case
under ORS chapter 183.
(8)(a)
If a school appeals the denial, suspension or revocation of an exemption and
the commission upholds the denial, suspension or revocation, the commission
shall provide the school 90 days to cure the grounds for the denial, suspension
or revocation. If the school does not cure the grounds for the denial, suspension
or revocation within 90 days after the commission upholds the denial,
suspension or revocation, then the denial, suspension or revocation becomes
effective 90 days after the issuance of the decision on the appeal by the
commission.
(b)
If a school does not appeal the denial, suspension or revocation of an
exemption to the commission and the school does not cure the grounds for the
denial, suspension or revocation within the period of time to appeal the
decision to the commission, then the denial, suspension or revocation becomes
effective upon the expiration of the period of time to appeal.
Note: See
note under 348.597.
348.609 Representation of possession of
academic degree; complaints; civil penalties; rules; fees.
(1) A person may not claim or represent that the person possesses any academic
degree unless the degree has been awarded to or conferred upon the person by a
school that:
(a)
Has accreditation recognized by the United States Department of Education or
the foreign equivalent of such accreditation;
(b)
Has been approved by the Higher Education Coordinating Commission to offer and
confer degrees in Oregon;
(c)
Is described in ORS 348.597; or
(d)
Is located in the United States and has been found by the commission to meet
standards of academic quality comparable to those of an institution located in
the United States that has accreditation, recognized by the United States
Department of Education, to offer degrees of the type and level claimed by the
person.
(2)(a)
A person who has been awarded a degree from a school other than a school
described in subsection (1) of this section may claim or represent that the
person possesses an academic degree if:
(A)
The person has been awarded a degree from a school that has the legal authority
to issue degrees in the jurisdiction where the degree is issued; and
(B)
The claim or representation is accompanied by a disclaimer that states: “(Name
of school) does not have accreditation recognized by the United States
Department of Education and has not been approved by the Higher Education
Coordinating Commission.”
(b)
A disclaimer allowed under this subsection shall be made in any resume,
letterhead, business card, announcement or advertisement in which the person is
claiming or representing to have an academic degree from a school that does not
meet the requirements of subsection (1) of this section.
(c)
A person may not use a disclaimer described in this subsection for a degree
received from a diploma mill.
(d)
This subsection does not alter any requirement for obtaining a license,
admission into a school, teaching or employment or for other areas in which a
degree from an accredited school is required.
(3)
The commission shall adopt, by rule, standards and procedures for responding to
complaints about degree claims and for validation of degree claims. Failure of
a person to provide documentation of a claimed degree shall be prima facie
evidence that the claim of such person to such degree is a violation of this
section.
(4)
The commission, by rule, may impose a fee on any school or person requesting
validation of degree claims. 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 Degree Authorization Account established
under ORS 348.601.
(5)(a)
The commission may cause a civil suit to be instituted in the circuit court for
legal or equitable remedies, including injunctive relief, to ensure compliance
with this section. The commission may recover attorney fees and court costs for
any such action.
(b)
The commission shall adopt a schedule of civil penalties for violations of this
section. A civil penalty shall not exceed $1,000 per violation.
(c)
In addition to any action or penalty provided by law, any person who violates
this section shall incur a civil penalty in an amount prescribed by the
schedule adopted by the commission. Any civil penalty imposed under this
subsection shall be imposed in the manner provided in ORS 183.745. All
penalties recovered under this subsection shall be paid into the State Treasury
and credited to the General Fund.
(6)
The provisions of this section do not apply to a person who is a graduate of a
veterinary college, or a veterinary department of a university or college, of
good standing and repute, as determined by the Oregon State Veterinary Medical
Examining Board. [1997 c.652 §12; 2001 c.454 §1; 2003 c.674 §3; 2005 c.196 §4;
2005 c.546 §10a; 2009 c.173 §1; 2011 c.637 §186]
Note: The
amendments to 348.609 by section 186, 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, is set forth for the user’s
convenience.
348.609. (1) A
person may not claim or represent that the person possesses any academic degree
unless the degree has been awarded to or conferred upon the person by a school
that:
(a)
Has accreditation recognized by the United States Department of Education or
the foreign equivalent of such accreditation;
(b)
Has been approved by the Oregon Student Access Commission through the Office of
Degree Authorization to offer and confer degrees in Oregon;
(c)
Is described in ORS 348.597; or
(d)
Is located in the United States and has been found by the commission to meet
standards of academic quality comparable to those of an institution located in
the United States that has accreditation, recognized by the United States
Department of Education, to offer degrees of the type and level claimed by the
person.
(2)(a)
A person who has been awarded a degree from a school other than a school
described in subsection (1) of this section may claim or represent that the
person possesses an academic degree if:
(A)
The person has been awarded a degree from a school that has the legal authority
to issue degrees in the jurisdiction where the degree is issued; and
(B)
The claim or representation is accompanied by a disclaimer that states: “(Name
of school) does not have accreditation recognized by the United States
Department of Education and has not been approved by the Office of Degree
Authorization.”
(b)
A disclaimer allowed under this subsection shall be made in any resume,
letterhead, business card, announcement or advertisement in which the person is
claiming or representing to have an academic degree from a school that does not
meet the requirements of subsection (1) of this section.
(c)
A person may not use a disclaimer described in this subsection for a degree
received from a diploma mill.
(d)
This subsection does not alter any requirement for obtaining a license,
admission into a school, teaching or employment or for other areas in which a
degree from an accredited school is required.
(3)
The Oregon Student Access Commission shall adopt, by rule, standards and
procedures for responding to complaints about degree claims and for validation
of degree claims. Failure of a person to provide documentation of a claimed
degree shall be prima facie evidence that the claim of such person to such
degree is a violation of this section.
(4)
The Oregon Student Access Commission, by rule, may impose a fee on any school
or person requesting validation of degree claims. 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.
(5)(a)
The Oregon Student Access Commission, through the Office of Degree
Authorization, may cause a civil suit to be instituted in the circuit court for
legal or equitable remedies, including injunctive relief, to ensure compliance
with this section. The commission may recover attorney fees and court costs for
any such action.
(b)
The commission shall adopt a schedule of civil penalties for violations of this
section. A civil penalty shall not exceed $1,000 per violation.
(c)
In addition to any action or penalty provided by law, any person who violates
this section shall incur a civil penalty in an amount prescribed by the
schedule adopted by the commission. Any civil penalty imposed under this
subsection shall be imposed in the manner provided in ORS 183.745. All
penalties recovered under this subsection shall be paid into the State Treasury
and credited to the General Fund.
(6)
The provisions of this section do not apply to a person who is a graduate of a
veterinary college, or a veterinary department of a university or college, of
good standing and repute, as determined by the Oregon State Veterinary Medical
Examining Board.
348.610 [1967
c.430 §8; repealed by 1971 c.577 §3]
348.611 Career pathways certificate of
completion program; objections; approval from State Board of Education.
(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 Higher
Education Coordinating 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. [2009 c.328 §2; 2011 c.637 §187]
Note: The
amendments to 348.611 by section 187, 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, is set forth for the user’s
convenience.
348.611. (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
Access 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.
348.612 Revocation of approval; hearing.
The Higher Education Coordinating Commission may revoke or suspend any approval
given to a school under ORS 348.606 for proper cause after a hearing. Such
hearing shall be held only after the school has been given 20 days’ notice in
writing of the time and place of such hearing. Hearings shall be held in
accordance with the rules of the commission adopted under ORS 348.530. [1997
c.652 §13; 2011 c.637 §188]
Note: The
amendments to 348.612 by section 188, 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, is set forth for the user’s
convenience.
348.612. The
Oregon Student Access Commission may revoke or suspend any approval given to a
school under ORS 348.606 for proper cause after a hearing. Such hearing shall
be held only after the school has been given 20 days’ notice in writing of the
time and place of such hearing. Hearings shall be held in accordance with the
rules of the commission adopted under ORS 348.530.
348.615 Appeal procedure.
If the Higher Education Coordinating Commission refuses to grant approval to a
school to confer degrees or revokes the approval to confer degrees, the refusal
or revocation shall be subject to the right of review by an action brought in
the circuit court of the county in which the school is located. Such review
shall be tried as an action not triable by right to a jury. [1997 c.652 §14;
2011 c.637 §189]
Note: The
amendments to 348.615 by section 189, 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, is set forth for the user’s
convenience.
348.615. If the
Oregon Student Access Commission refuses to grant approval to a school to
confer degrees or revokes the approval to confer degrees, the refusal or
revocation shall be subject to the right of review by an action brought in the
circuit court of the county in which the school is located. Such review shall
be tried as an action not triable by right to a jury.
(Scholarship Program Tax Credit)
348.616 Minimum criteria for certification
of employer program; rules. (1) The Oregon Student Access
Commission shall develop and adopt rules that provide the minimum criteria that
an employer must meet in order for the employer’s scholarship program for
employees and dependents to be certified as eligible for the employee and
dependent scholarship program tax credit provided under ORS 348.621. The
commission shall adopt rules to determine:
(a)
The types of educational programs, institutions and expenses related to the
programs and institutions for which scholarships may be offered to employees
and dependents, and scholarship moneys expended on their behalf;
(b)
The types of employees and dependents to whom scholarships must be offered;
(c)
The minimum and maximum annual dollar amounts of a scholarship that would be a
qualified scholarship under ORS 315.237;
(d)
The minimum annual number of hours of instruction that a scholarship
beneficiary must commit to in order to be eligible for a scholarship; and
(e)
Such other requirements as the commission may provide.
(2)
An employer must employ at least four full-time equivalent employees but no
more than 250 employees in order to be certified as eligible for the employee
and dependent scholarship program tax credit under ORS 348.621.
(3)
An employer seeking to claim the tax credit provided under ORS 315.237 must
apply to the commission for both employee and dependent scholarship program
certification under ORS 348.618 and tax credit certification under ORS 348.621.
[2001 c.475 §§2,4; 2011 c.637 §190]
348.618 Requirements for program
certification application; acceptance and rejection of application.
(1) An application for employee and dependent scholarship program certification
shall be filed by the employer establishing the program. The application shall
be filed with the Oregon Student Access Commission at least three months prior
to the close of the first tax year for which a tax credit under ORS 315.237 will
be claimed.
(2)
The application shall be filed on a form prescribed by the commission and shall
contain the information required by the commission, including:
(a)
The date on which the proposed employee and dependent scholarship program will
first be available to the employer’s employees and their dependents;
(b)
The total number of employees of the employer;
(c)
The total number of employees who will be eligible, or whose dependents will be
eligible, to participate in the program;
(d)
The criteria to be used by the employer in determining the eligibility of an
employee or an employee’s dependent for a scholarship under the program; and
(e)
The annual limit, if any, on the amount of funds to be used for scholarships
under the program.
(3)
The commission shall certify an application that describes an employee and
dependent scholarship program that is in compliance with the rules adopted by
the commission under ORS 348.616 (1) and (2), if made by an employer that meets
the employment requirements of ORS 348.616 (1) and (2).
(4)
The commission shall certify or reject an application within 60 days of receipt
of the application and shall notify the employer of the commission’s
determination.
(5)
An employer whose application has been rejected by the commission shall be
afforded an opportunity to amend the application to address the commission’s
objections to the original application.
(6)
In the case of an employer whose proposed employee and dependent scholarship
program has been certified by the commission, the commission shall send a
letter of program certification to the employer. The letter of program
certification shall set forth or incorporate by reference the statements made
in the application being certified.
(7)
A letter of program certification issued under this section shall remain valid
until the employer changes the terms of eligibility for a scholarship under the
program, changes the minimum or maximum amount of a scholarship under the
program or ceases to be an employer. [2001 c.475 §5; 2011 c.637 §191]
348.620 [1967
c.430 §9; 1971 c.577 §2; renumbered 348.592 in 1997]
348.621 Requirements for tax credit certification
application. (1) An application for tax credit
certification shall be filed by an employer that has obtained program certification
under ORS 348.618 or that has applied for program certification and is awaiting
such certification by the Oregon Student Access Commission.
(2)
The application for tax credit certification shall be filed by the employer
with the commission. The application shall be filed at the time prescribed by
the commission, but no later than October 1 of the calendar year in which
begins the tax year for which a credit under ORS 315.237 will be claimed.
(3)
The application shall be filed on a form prescribed by the commission and shall
contain the information required by the commission, including the amount of
scholarship moneys the employer has provided or intends to provide to employees
or dependents during the calendar year for which tax credit certification is
being sought and the number of employees employed by the employer for the
calendar year.
(4)
The commission shall consider applications in the chronological order in which
the applications are received and shall approve applications to the extent the
amount set forth in the application, when added to the total amount already
certified by the commission for the calendar year under this section, does not
exceed $1 million.
(5)
An employer may not receive tax credit certification:
(a)
For an amount that is greater than $1 million;
(b)
If the employer employs fewer than four full-time equivalent employees for the
calendar year; or
(c)
If the employer employs more than 250 employees for the calendar year.
(6)
The commission shall send written notice of the amount of the tax credit
certification, or written notice that no amount is being certified, to the
employer and to the Department of Revenue within 60 days of the date an
application is filed under this section.
(7)
The employer shall keep the written certification in the employer’s records for
at least five years and shall furnish the certification to the Department of
Revenue if requested. [2001 c.475 §6; 2011 c.637 §192]
(Alternative Student Loan Program)
348.625 Definitions for ORS 348.570 and
348.625 to 348.695. As used in ORS 348.570 and
348.625 to 348.695:
(1)
“Alternative student loan program” means a program established by the Oregon
Student Access Commission to fund loans to eligible students, or to qualifying
parents of eligible students, to help meet expenses of eligible students of
attending post-secondary educational institutions; provided, however, that
alternative student loan program loans may be made only to students who have
applied for student financial aid under Title IV, Part B of the Higher
Education Act of 1965, as amended, and have received information on their
eligibility for programs under that Act, or the parents of students who have
made such application and received such information.
(2)
“Eligible student” means a student enrolled in an eligible post-secondary
educational institution located in Oregon or a student who is an Oregon
resident and who is enrolled in an eligible post-secondary educational
institution located outside of Oregon. The commission shall determine, among
other things, what constitutes enrollment and which post-secondary educational
institutions are eligible institutions under the alternative student loan
program.
(3)
“Lender” means an insured institution as defined in ORS 706.008 that is
authorized to do business in Oregon and which has entered into an agreement
with the commission to originate, service and administer alternative student
loans in the manner authorized by ORS 348.570 and 348.625 to 348.695. [1987
c.842 §2; 1989 c.131 §1; 1997 c.631 §464; 1999 c.59 §96; 1999 c.704 §16; 2011
c.637 §193]
348.630 Eligible recipients; limitations;
credit check. (1) Loans may be made under the
alternative student loan program to an eligible student or to a parent of an
eligible student.
(2)
Loans made under the alternative student loan program shall not exceed the
eligible costs of education as determined by the Oregon Student Access
Commission, minus other financial aid received, or $10,000, whichever is less,
for any eligible student during a single calendar year. Total loans made for
any eligible student under the alternative student loan program shall not
exceed $40,000.
(3)
Under the alternative student loan program, borrowers shall undergo a credit
check by the lender or by the commission and shall be creditworthy or provide a
creditworthy cosigner. [1987 c.842 §3; 2011 c.637 §194]
348.635 Establishment of loan terms and
conditions. In consultation with private sector
lenders, the Oregon Student Access Commission shall establish the terms and
conditions, including but not limited to maturities and repayment provisions,
of student loans for which the commission shall provide funding. The commission
may also set standards of academic achievement which borrowers must maintain to
receive loans. [1987 c.842 §4; 2011 c.637 §195]
348.640 Administration of loans by private
lenders; repayment to state; risk of loss. (1)
The Oregon Student Access Commission shall provide funding to lenders pursuant
to contracts which shall provide, among other things, the terms and conditions
under which private sector lenders, using funding made available by the
commission, shall originate, service and administer loans pursuant to the
alternative student loan program. Lenders shall receive and process loan
applications from borrowers, perform credit analysis, approve or deny loan
requests, and for loans which are approved, originate, document, administer and
service such loans. The commission shall make provision for payment to lenders
of the reasonable costs of origination, servicing and administration of loans.
Payment may be made directly by borrowers or by the commission, as the
commission may determine.
(2)
Loans shall be structured in such a manner that anticipated payments of
principal and interest shall permit timely repayment of the revenue bonds to be
issued by the State of Oregon pursuant to ORS 348.570 and 348.625 to 348.695.
As a condition of participation in the alternative student loan program by
private sector lenders, the commission shall procure from each such lender a
guarantee or letter of credit ensuring that the commission shall receive full
and timely repayment of principal of and interest due on loans originated,
serviced and administered by the lender. The commission shall provide by
contract for payment by the commission or by borrowers, as the commission may
determine, of the reasonable costs of such guarantees or letters of credit. It
is the intention of ORS 348.570 and 348.625 to 348.695 that participating
private sector lenders, not the commission, shall bear the entire risk of loss,
nontimely repayment or nonpayment of alternative student loan program loans. [1987
c.842 §5; 2011 c.637 §196]
348.645 [1987
c.842 §7; repealed by 2007 c.426 §7]
348.650 [1987
c.842 §6; repealed by 2007 c.426 §7]
348.655 Issuance of revenue bonds; amount;
interest tax exempt. In consultation with the Oregon
Student Access Commission, the State Treasurer may issue revenue bonds in an
amount not to exceed $30 million annually, the proceeds of which shall be used
to provide funding for loans to be made pursuant to the alternative student
loan program. Interest on the bonds shall be exempt from personal income
taxation by the State of Oregon. [1987 c.842 §8; 2011 c.637 §197]
348.660 Determination to issue revenue
bonds; duties of State Treasurer; factors to consider.
(1) If the State Treasurer, in consultation with the Oregon Student Access
Commission, determines that revenue bonds should be issued under ORS 348.570
and 348.625 to 348.695:
(a)
The State Treasurer, in consultation with the commission, may authorize and
issue in the name of the State of Oregon revenue bonds secured by revenues from
repayment of loans to finance or refinance in whole or part the costs of the
loan program. Refunding bonds may be issued to refinance such revenue bonds.
(b)
The State Treasurer, in consultation with the commission, shall designate the
underwriter, trustee and bond counsel and enter into appropriate agreements
with each to carry out the provisions of ORS 348.570 and 348.625 to 348.695.
(2)
Any trustee designated by the State Treasurer, in consultation with the
commission, must agree to furnish financial statements and audit reports for
each bond issue.
(3)
In determining whether to issue revenue bonds under ORS 348.570 and 348.625 to
348.695, the State Treasurer, in consultation with the commission, shall
consider:
(a)
The bond market for the types of bonds proposed for issuance.
(b)
The terms and conditions of the proposed issue.
(c)
Such other relevant factors as the State Treasurer, in consultation with the
commission, considers necessary to protect the financial integrity of the
state. [1987 c.842 §§9,10; 2011 c.637 §198]
348.665 Laws governing issuance of bonds; powers
of State Treasurer. Bonds authorized under ORS 348.570
and 348.625 to 348.695 shall be issued in accordance with the provisions of ORS
chapter 286A. The State Treasurer, in consultation with the Oregon Student
Access Commission, may establish special accounts or subaccounts in the
Alternative Student Loan Program Fund created by ORS 348.570 and may pledge the
assets or the revenues, or any portion thereof, of the alternative student loan
program. [1987 c.842 §11; 2007 c.783 §143; 2011 c.637 §199]
348.670 Administrative expenses.
The administrative expenses of the State Treasurer and the Oregon Student
Access Commission shall be charged against bond proceeds or repayment revenues.
[1987 c.842 §12; 2011 c.637 §200]
348.675 Refunding of bonds.
The State Treasurer, in consultation with the Oregon Student Access Commission,
shall have the power, whenever refunding is considered expedient, to refund any
bonds by the issuance of new bonds, whether the bonds to be refunded have or
have not matured. The refunding bonds may be exchanged for bonds to be refunded
and the proceeds applied to the purchase, redemption or payment of such bonds. [1987
c.842 §13; 2011 c.637 §201]
348.680 Validity of bonds.
The validity of bonds issued under ORS 348.570 and 348.625 to 348.695 shall not
be dependent on nor be affected by the validity or regularity of any proceeding
relating to the loans for which the bonds are issued. The official action
authorizing such bonds may provide that the bonds shall contain a recital that
they are issued pursuant to ORS 348.570 and 348.625 to 348.695 and such recital
shall be conclusive evidence of their validity and of the regularity of their
issuance. [1987 c.842 §14]
348.685 Covenants in actions authorizing
bonds; contents. The official action authorizing
the issuance of bonds under ORS 348.570 and 348.625 to 348.695 may contain
covenants, notwithstanding that such covenants may limit the exercises of
powers conferred by ORS 348.570 and 348.625 to 348.695 in the following
respects and in such other respects as the state, acting through the State
Treasurer, in consultation with the Oregon Student Access Commission, or the
designee thereof may decide:
(1)
The use and disposition of the revenues from repayment;
(2)
The creation and maintenance of special accounts or subaccounts in the
Alternative Student Loan Program Fund created by ORS 348.570 and the
regulation, use and disposition thereof;
(3)
The purpose or purposes to which the proceeds of sale of bonds may be applied
and the use and disposition of such proceeds;
(4)
The events of default and the rights and liabilities arising thereon and the
terms and conditions upon which the holders of any bonds may bring any suit or
action on such bonds or on any coupons appurtenant thereto;
(5)
The issuance of other or additional bonds or instruments payable from or
constituting a charge against the revenues from repayment;
(6)
The keeping of books of account and the inspection and audit thereof;
(7)
The terms and conditions upon which any or all of the bonds shall become or may
be declared due before maturity and the terms and conditions upon which such
declaration and its consequences may be waived;
(8)
The rights, liabilities, powers and duties arising upon the breach of any
covenants, conditions or obligations;
(9)
The appointing of and vesting in a trustee or trustees of the right to hold or
dispose of any funds, accounts, revenues or assets of the alternative student
loan program, to receive or assign any pledge thereof or to enforce any
covenants made to secure or to pay the bonds, the powers and duties of such
trustee or trustees, and the limitation of the liabilities of the trustee or
trustees;
(10)
The terms and conditions upon which the holder or holders of the bonds, or the
holders of any proportion or percentage of them, may enforce any covenants made
under ORS 348.570 and 348.625 to 348.695; and
(11)
A procedure by which the terms of any official action authorizing bonds or of
any other contract with bondholders, including but not limited to an indenture
of trust or similar instrument, may be amended or abrogated, and the amount of
bonds the holders of which may consent thereto, and the manner in which such
consent may be given. [1987 c.842 §15; 2011 c.637 §202]
348.690 Liability of state for bonds.
(1) Revenue bonds issued under ORS 348.570 and 348.625 to 348.695:
(a)
Shall not be payable from nor charged upon any funds other than the revenue
pledged to the payment thereof, except as provided in this section, nor shall
the state be subject to any liability thereon. No holder or holders of such
bonds shall ever have the right to compel any exercise of the taxing power of
the state to pay any such bonds or the interest thereon, nor to enforce payment
thereof against any property of the state.
(b)
Shall not constitute a charge, lien or encumbrance, legal or equitable, upon
any property of the state other than the Alternative Student Loan Program Fund
created by ORS 348.570, any account or subaccount thereof or student loans, if
any, owned or acquired by the Oregon Student Access Commission pursuant to the
alternative student loan program.
(2)
Each bond issued under ORS 348.570 and 348.625 to 348.695 shall recite in
substance that the bond, including interest thereon, is payable solely from the
revenue pledged to the payment thereof. No such bond shall constitute a debt of
the state or a lending of the credit of the state within the meaning of any
constitutional or statutory limitation. However, nothing in ORS 348.570 and
348.625 to 348.695 is intended to impair the rights of holders of bonds to
enforce covenants made for the security thereof as provided in ORS 348.685. [1987
c.842 §16; 2011 c.637 §203]
348.695 Rights and remedies of bondholders
and trustees. Subject to any contractual limitation
binding upon the holders of any issue of revenue bonds, or a trustee therefor,
including but not limited to the restriction of the exercise of any remedy to a
specified proportion or percentage of such holders, any holder of bonds, or any
trustee therefor, for the equal benefit and protection of all bondholders
similarly situated, may:
(1)
By action or proceeding for legal or equitable remedies, enforce their rights
against the state and any of its officers, agents and employees, and may
require and compel the state or any such officers, agents or employees to
perform and carry out duties and obligations under ORS 348.570 and 348.625 to
348.695 and covenants and agreements with bondholders;
(2)
By action, require the state to account as if it were the trustee of an express
trust;
(3)
By action, enjoin any acts or things which may be unlawful or in violation of
the right of the bondholders;
(4)
Bring action upon the bonds; and
(5)
Exercise any right or remedy conferred by ORS 348.570 and 348.625 to 348.695
without exhausting and without regard to any other right or remedy conferred by
ORS 348.570 and 348.625 to 348.695 or any other law of this state, none of
which rights and remedies is intended to be exclusive of any other, and each is
cumulative and in addition to every other right and remedy. [1987 c.842 §17]
EDUCATION STABILITY FUND
(Generally)
348.696 Education Stability Fund;
investment; earnings. Pursuant to section 4 (4)(d),
Article XV of the Oregon Constitution, the Education Stability Fund is
established separate and distinct from the General Fund. Moneys in the
Education Stability Fund shall be invested as provided in ORS 293.701 to
293.790. All declared earnings on moneys in the fund shall be transferred and
are appropriated continuously as follows:
(1)
75 percent to the Oregon Education Fund established by ORS 348.716; and
(2)
25 percent to the Oregon Student Access Commission for the Oregon Opportunity
Grant program under ORS 348.260. [1995 c.12 §2; 1997 c.524 §2; 1997 c.612 §11;
1999 c.44 §§26,27; 1999 c.704 §§17,18; 1999 c.1070 §§13,14; 2001 c.920 §12;
2001 c.922 §§27,28; 2002 s.s.3 c.6 §§2,3; 2005 c.22 §§246,247; 2005 c.748 §§19,20;
2009 c.805 §3; 2011 c.637 §204; 2011 c.699 §7]
348.699 [1995
c.12 §6; repealed by 1997 c.524 §6]
(Oregon Growth Account)
348.701 Definitions for ORS 348.701 to
348.710. As used in ORS 348.701 to 348.710:
(1)
“Board” means the Oregon Growth Account Board established in ORS 348.707.
(2)
“Emerging growth business” means an individual or group of individuals or a new
or small company, including but not limited to any new or small partnership,
limited liability company, corporation, firm, association or other entity, that
has the capacity, upon obtaining appropriate capital, to generate significant
high skill, high wage employment.
(3)
“Management company” includes an individual or group of individuals, firm,
association, limited partnership, partnership, corporation or other investment
company.
(4)
“Seed capital” means financing that is provided for the initial phases,
including the first phase, of development, refinement and commercialization of
a technology, product, process or innovation, including but not limited to
facilitating technology transfers related to academic research, discoveries or
developments for the purpose of commercialization of a technology, product,
process or innovation. [1995 c.811 §5(5); 1997 c.323 §1; 1999 c.42 §3; 1999
c.54 §1; 2001 c.52 §1; 2001 c.922 §1; 2005 c.835 §25; 2007 c.172 §1]
348.702 Oregon Growth Account.
(1) There is created within the Education Stability Fund the Oregon Growth
Account, to which shall be credited, in the manner provided in subsection (2)
of this section, five percent of the funds transferred under section 4, Article
XV of the Oregon Constitution, from the Administrative Services Economic Development
Fund to the Education Stability Fund. Separate records shall be maintained for
moneys in the Oregon Growth Account that are available for the purposes
specified in subsection (5) of this section. The account may be credited with
unrestricted appropriations, gifts, donations, grants or contract proceeds from
any source, with investments or funds from any source and with returns on
investments made from the account.
(2)
The Oregon Department of Administrative Services may credit to the Oregon
Growth Account from the first funds transferred in a fiscal year to the
Education Stability Fund under section 4, Article XV of the Oregon
Constitution, an amount up to the amount the department estimates to be five
percent of the funds required to be transferred to the Education Stability Fund
for that fiscal year.
(3)
If at the end of the fiscal year the amount credited to the Oregon Growth
Account under subsection (2) of this section is less than or greater than five
percent of the amount required to be transferred under section 4, Article XV of
the Oregon Constitution, to the Education Stability Fund, the amount credited
to the Oregon Growth Account shall be adjusted in one of the following ways:
(a)
The amount credited to the account in the following fiscal year may be
adjusted;
(b)
Any excess may be transferred from the Oregon Growth Account to the Education
Stability Fund; or
(c)
Any shortage may be transferred from the Education Stability Fund to the Oregon
Growth Account from funds available for that purpose.
(4)
Adjustments required by subsection (3) of this section shall be made without
consideration of any interest or other earnings that have accrued during the
fiscal year.
(5)
The purpose of the Oregon Growth Account is to earn returns for the Education
Stability Fund by making investments in or by providing seed capital for
emerging growth businesses.
(6)
The investment of funds in the Oregon Growth Account shall be governed by the
Oregon Growth Account Board. [1995 c.811 §§3,4; 1997 c.323 §2; 2001 c.922 §2;
2002 s.s.3 c.6 §4; 2003 c.14 §154; 2003 c.606 §6; 2005 c.835 §32; 2007 c.71 §96;
2007 c.172 §2; 2009 c.805 §1]
Note: The
amendments to 348.702 by section 2, chapter 805, Oregon Laws 2009, become
operative July 1, 2013. See section 7, chapter 805, Oregon Laws 2009. The text
that is operative on and after July 1, 2013, is set forth for the user’s
convenience.
348.702. (1)
There is created within the Education Stability Fund the Oregon Growth Account,
to which shall be credited, in the manner provided in subsection (2) of this
section, 10 percent of the funds transferred under section 4, Article XV of the
Oregon Constitution, from the Administrative Services Economic Development Fund
to the Education Stability Fund. Separate records shall be maintained for
moneys in the Oregon Growth Account that are available for the purposes
specified in subsection (5) of this section. The account may be credited with
unrestricted appropriations, gifts, donations, grants or contract proceeds from
any source, with investments or funds from any source and with returns on
investments made from the account.
(2)
The Oregon Department of Administrative Services may credit to the Oregon
Growth Account from the first funds transferred in a fiscal year to the
Education Stability Fund under section 4, Article XV of the Oregon
Constitution, an amount up to the amount the department estimates to be 10
percent of the funds required to be transferred to the Education Stability Fund
for that fiscal year.
(3)
If at the end of the fiscal year the amount credited to the Oregon Growth
Account under subsection (2) of this section is less than or greater than 10
percent of the amount required to be transferred under section 4, Article XV of
the Oregon Constitution, to the Education Stability Fund, the amount credited
to the Oregon Growth Account shall be adjusted in one of the following ways:
(a)
The amount credited to the account in the following fiscal year may be
adjusted;
(b)
Any excess may be transferred from the Oregon Growth Account to the Education
Stability Fund; or
(c)
Any shortage may be transferred from the Education Stability Fund to the Oregon
Growth Account from funds available for that purpose.
(4)
Adjustments required by subsection (3) of this section shall be made without
consideration of any interest or other earnings that have accrued during the
fiscal year.
(5)
The purpose of the Oregon Growth Account is to earn returns for the Education
Stability Fund by making investments in or by providing seed capital for emerging
growth businesses.
(6)
The investment of funds in the Oregon Growth Account shall be governed by the
Oregon Growth Account Board.
348.703 Management and investment of
moneys in account; reporting requirement; contracts for investment advice and
other services. (1) The Oregon Growth Account
Board shall contract with one or more management companies to manage and invest
the moneys in the Oregon Growth Account. For purposes of this subsection, a
contract with a management company may consist of:
(a)
A partnership agreement under which the Oregon Growth Account Board is the
limited partner and the management company is the general partner; or
(b)
Another form of payment or profit-sharing arrangement under which the Oregon
Growth Account Board may receive payment or another form of return in exchange
for its investment in an emerging growth business.
(2)
The provisions of ORS 293.726 do not apply to those assets of the Education
Stability Fund that are held in the Oregon Growth Account. The limitations of
ORS 293.726 (6) shall be calculated based only on the balance of the Education
Stability Fund that does not include the Oregon Growth Account.
(3)
A management company selected to manage the Oregon Growth Account shall manage
the moneys in the account, subject to investment policies established by the
State Treasurer and the investment directives or strategies of the Oregon
Growth Account Board, with the care, skill and diligence that a prudent
investor acting in a similar capacity and familiar with such investments would
use in managing and investing a similar account. The management company shall
invest in Oregon an amount that is at least equal to the amount of the
principal transferred from the Oregon Growth Account to the management company
for investment.
(4)
The contract between the board and a management company to manage the Oregon
Growth Account and the functions performed under the contract are not subject
to the State Personnel Relations Law or ORS 279.835 to 279.855 or ORS chapter
279A or 279B.
(5)
Notwithstanding ORS 348.702 (5), a management company selected to manage the
Oregon Growth Account may maintain a portion of the moneys allocated to the
account under ORS 348.702 (1) in short-term securities in investments other
than those specified in ORS 348.702 (5) during such times as a management
company is seeking investments that meet the requirements of ORS 348.702 (5).
(6)
The State Treasurer shall annually submit a report to the Governor and to the
Legislative Assembly on the investment of moneys in the Oregon Growth Account.
The report required by this subsection shall include a summary of the amount of
money invested by industrial sector or business classification, by region of
this state, by size of investment and by type of investment.
(7)
The State Treasurer shall provide to other state agencies any reports on the
investment of moneys in the Oregon Growth Account that are necessary to fulfill
audit, financial, investment or other reporting requirements to which the
Education Stability Fund is subject by law or standard accounting principles.
(8)
The office of the State Treasurer shall provide staff to the board.
(9)
There is continuously appropriated to the board from the Oregon Growth Account
those amounts necessary to meet the expenses of the board and the State
Treasurer in carrying out the operations of the Oregon Growth Account and the
duties of the board and the State Treasurer. The cost to the office of the
State Treasurer of providing staff to the board shall be deducted from those
amounts paid to the State Treasurer pursuant to ORS 293.718 as reimbursement
for expenses incurred as investment officer for the Education Stability Fund.
(10)
The board may enter into contracts for the provision of investment advice or
other services that the board deems reasonable and necessary to fulfill the
duties of the board. The State Treasurer may enter into contracts for the
provision of investment advice or other services that the State Treasurer deems
reasonable and necessary to fulfill the duties of the State Treasurer with
respect to the Oregon Growth Account. Such contracts are not subject to the
State Personnel Relations Law or ORS 279.835 to 279.855 or ORS chapter 279A or
279B. [1995 c.811 §5(1) to (4); 1997 c.323 §5; 1999 c.42 §4; 2001 c.52 §2; 2001
c.922 §3; 2002 s.s.3 c.6 §5; 2003 c.606 §7; 2003 c.794 §258; 2007 c.172 §3]
348.704 Allocation, withdrawal and transfer
of assets in account. The Oregon Growth Account Board
may allocate to, withdraw from or transfer from the Oregon Resource and
Technology Development Subaccount and the balance of the Oregon Growth Account
such moneys, investments, returns or other assets or amounts the board
determines necessary or desirable to further the purpose set forth in ORS
348.702. [2001 c.922 §8]
348.705
[Formerly 351.265; 1987 c.880 §1; repealed by 1997 c.652 §63]
348.706 Oregon Resource and Technology
Development Subaccount. (1) There is created within the
Oregon Growth Account the Oregon Resource and Technology Development
Subaccount. Separate records shall be maintained for moneys in the subaccount.
Subject to investment policies established by the State Treasurer and
investment directives or strategies of the Oregon Growth Account Board, moneys
in the subaccount shall be used to make seed capital investments in emerging
growth businesses.
(2)
The board may allocate such amounts from the subaccount as the board determines
appropriate for seed capital investments. [2001 c.922 §7; 2005 c.835 §33; 2007
c.172 §4]
348.707 Oregon Growth Account Board;
members; terms; compensation; powers and duties.
(1) There is established an Oregon Growth Account Board consisting of:
(a)
The State Treasurer or the treasurer’s designated representative, who shall be
the chairperson of the board.
(b)
Three members appointed by the Governor from a list of candidates recommended
by the State Treasurer who are qualified by training and experience in the
field of venture capital and emerging growth businesses in Oregon.
(c)
Three members from the general public appointed by the Governor from a list of
candidates recommended by the State Treasurer.
(2)
The term of office of each board member appointed by the Governor is three
years. However, each member, except the State Treasurer or the treasurer’s
designated representative, shall serve at the pleasure of the Governor. Before
the expiration of the term of a member, the Governor shall appoint a successor.
A member is eligible for reappointment. If there is a vacancy for any cause,
the Governor shall make an appointment to become immediately effective for the
unexpired term.
(3)
A member of the board may receive reimbursement of expenses under ORS 292.495
(2), but shall not receive compensation under ORS 292.495 (1) or otherwise for
participation as a board member.
(4)
The State Treasurer may establish investment policies for the Oregon Growth
Account. The investment policies may include, but are not limited to:
(a)
The reinvestment of the principal of the account after an original investment;
(b)
The reinvestment of returns from an original investment;
(c)
The retention of amounts for unfunded commitments owed to a management company;
(d)
The determination of when and how earnings are calculated and declared
available from the account on behalf of the Education Stability Fund; and
(e)
Other policies that the State Treasurer determines may increase the total
earnings of the account over time.
(5)
Subject to investment policies established for moneys in the account by the
State Treasurer, the board shall have authority to approve or direct specific
investments or strategies for the investment of moneys in the Oregon Growth
Account and to make investments directly, without the use of a management
company, in any form or manner that would be lawful for a private corporation
having similar intent. In addition, the board may:
(a)
Acquire, own, hold, dispose of and encumber real or personal property of any
nature, both tangible and intangible, or any interest in property, and exercise
or acquire any rights in property necessary or desirable to protect or secure
any investments in which the account has an interest;
(b)
Trade, buy or sell securities;
(c)
Own, possess, take license in and grant license to patents, copyrights,
proprietary processes and other intellectual property, and negotiate and enter
into contracts and establish charges for the use of such patents, copyrights,
proprietary processes and other intellectual property; and
(d)
Exercise any other powers necessary or desirable for the operation and
functioning of the account within the purposes authorized in ORS 348.702.
(6)
When performing the board’s duties, the board shall exercise the care, skill
and diligence that a prudent investor acting in a similar capacity and familiar
with such investments would use in managing and investing a similar account.
(7)
The State Treasurer shall report on the development of the policies described
in subsection (4) of this section to the legislative interim committees on
trade and economic development and government finance and tax policy. [1997
c.323 §3; 2001 c.52 §3; 2001 c.922 §4; 2002 s.s.3 c.6 §7]
348.710 Confidentiality of records, communications
and information. (1) The following records,
communications and information furnished under ORS 348.701 to 348.710 shall be
confidential and maintained as such, unless the person providing the
information expressly agrees in writing that such information may be disclosed:
(a)
Personal financial statements;
(b)
Financial statements of applicants;
(c)
Customer lists;
(d)
Information of an applicant pertaining to litigation to which the applicant is
a party if the complaint has been filed or, if the complaint has not been
filed, if the applicant shows that such litigation is reasonably likely to
occur;
(e)
Production, sales and cost data; and
(f)
Marketing strategy information that relates to an applicant’s plan to address
specific markets or the applicant’s strategy regarding specific competitors, or
both.
(2)
The confidentiality provided by subsection (1)(d) of this section does not
apply to concluded litigation. Nothing in subsection (1)(d) of this section
limits any right granted by discovery statutes to a party to litigation or
potential litigation. [1999 c.42 §6]
348.715
[Formerly 351.270; 1982 s.s.1 c.20 §4; 1985 c.555 §17; 1987 c.880 §2; 1991
c.667 §15; repealed by 1997 c.652 §63]
(Oregon Education Fund)
348.716 Oregon Education Fund; use;
payment of education lottery bonds. The Oregon
Education Fund is established in the State Treasury, separate and distinct from
the General Fund. Moneys in the Oregon Education Fund are continuously
appropriated to the Oregon Department of Administrative Services for public
education and education lottery bond debt service. Seventy-five percent of the
declared earnings of the Education Stability Fund as described in ORS 348.696
shall be transferred monthly to the Oregon Education Fund as directed by the
Director of the Oregon Department of Administrative Services. Investment
earnings on amounts in the Oregon Education Fund shall be credited to the
Oregon Education Fund. The Legislative Assembly may, but shall be under no
legal obligation to, allocate and appropriate amounts in the Oregon Education
Fund to pay education lottery bonds. The Director of the Oregon Department of
Administrative Services may specify when during any fiscal year amounts shall
be transferred from the Oregon Education Fund to be used for public education
or education lottery bonds. [1999 c.44 §8; 2001 c.536 §10; 2002 s.s.3 c.6 §§8,8a;
2009 c.805 §6]
Note: 348.716
was enacted into law by the Legislative Assembly but was not added to or made a
part of ORS chapter 348 or any series therein by legislative action. See
Preface to Oregon Revised Statutes for further explanation.
348.725 [1975
c.553 §3; 1987 c.880 §3; repealed by 1991 c.667 §17]
348.735
[Formerly 351.275; repealed by 1987 c.880 §19]
348.745
[Formerly 351.280; repealed by 1987 c.880 §19]
348.755
[Formerly 351.285; 1987 c.880 §4; repealed by 1997 c.652 §63]
348.765
[Amended by 1987 c.880 §5; repealed by 1997 c.652 §63]
348.785
[Formerly 351.297; 1987 c.880 §6; repealed by 1991 c.667 §17]
348.795
[Formerly 351.298; 1987 c.880 §7; repealed by 1991 c.667 §17]
348.805 [1969
c.182 §1; 1971 c.577 §1; renumbered 348.105]
348.815
[Formerly 351.301; repealed by 1991 c.667 §17]
348.825
[Formerly 351.302; 1987 c.880 §8; repealed by 1991 c.667 §17]
348.830 [1979
c.308 §2; 1987 c.880 §9; repealed by 1997 c.652 §63]
348.835
[Formerly 351.710; 1979 c.308 §3; 1981 c.167 §1; 1987 c.880 §10; 1995 c.119 §1;
repealed by 1997 c.652 §63]
348.840 [1982
s.s.1 c.20 §2; 1987 c.880 §11; repealed by 1997 c.652 §63]
OREGON 529 COLLEGE SAVINGS NETWORK
348.841 Definitions for ORS 348.841 to
348.873. As used in ORS 348.841 to 348.873:
(1)
“Account” means an individual account established in accordance with ORS
348.841 to 348.873.
(2)
“Account owner” means the person who has the right to withdraw funds from the
account. The account owner may also be the designated beneficiary of the
account.
(3)
“Board” means the Oregon 529 College Savings Board established under ORS
348.849.
(4)
“Designated beneficiary” means, except as provided in ORS 348.867, the
individual designated at the time the account is opened as having the right to
receive a qualified withdrawal for the payment of qualified higher education
expenses, or if the designated beneficiary is replaced in accordance with ORS
348.867, the replacement.
(5)
“Financial institution” means a bank, a commercial bank, a national bank, a
savings bank, a savings and loan, a thrift institution, a credit union, an
insurance company, a trust company, a mutual fund, an investment firm or other
similar entity authorized to do business in this state.
(6)
“Higher education institution” means an eligible education institution as
defined in section 529(e)(5) of the Internal Revenue Code.
(7)
“Internal Revenue Code” means the federal Internal Revenue Code.
(8)
“Member of the family” shall have the same meaning as contained in section
529(e) of the Internal Revenue Code.
(9)
“Network” means the Oregon 529 College Savings Network established under ORS
348.841 to 348.873.
(10)
“Nonqualified withdrawal” means a withdrawal from an account that is not a
qualified withdrawal.
(11)
“Qualified higher education expenses” means tuition and other permitted
expenses as set forth in section 529(e) of the Internal Revenue Code for the
enrollment or attendance of a designated beneficiary at a higher education
institution.
(12)
“Qualified withdrawal” means a withdrawal made as prescribed under ORS 348.870
and made:
(a)
From an account to pay the qualified higher education expenses of the
designated beneficiary;
(b)
As the result of the death or disability of the designated beneficiary;
(c)
As the result of a scholarship, allowance or payment described in section
135(d)(1)(A), (B) or (C) of the Internal Revenue Code that is received by the
designated beneficiary, but only to the extent of the amount of the
scholarship, allowance or payment; or
(d)
As a rollover or change in the designated beneficiary described in ORS 348.867.
[1999 c.746 §1; 2001 c.12 §1; 2003 c.280 §6; 2007 c.843 §12]
Note:
348.841 to 348.873 were enacted into law by the Legislative Assembly but were
not added to or made a part of ORS chapter 348 or any series therein by
legislative action. See Preface to Oregon Revised Statutes for further
explanation.
348.844 Policy on higher education
qualified tuition savings program. It is the
intent of the Legislative Assembly, in enacting ORS 348.841 to 348.873, to
create a higher education qualified tuition savings program called the Oregon
529 College Savings Network:
(1)
That increases the ability of families and individuals to save for higher
education.
(2)
In which the earnings on contributions of network participants are exempt from
state income taxation.
(3)
That utilizes the private sector to administer and invest the contributions to
the network under the guidance of the Oregon 529 College Savings Board.
(4)
In which the contributions and earnings are held by the network in trust for
the benefit of designated beneficiaries and account owners for the uses and
purposes set forth in ORS 348.841 to 348.873, and for no other benefit, use or
purpose. [1999 c.746 §2; 2001 c.12 §2; 2003 c.280 §7]
Note: See
note under 348.841.
348.845
[Formerly 351.720; 1987 c.880 §12; repealed by 1997 c.652 §63]
348.849 Oregon 529 College Savings Board;
membership. (1) There is established the Oregon 529
College Savings Board to administer ORS 348.841 to 348.873.
(2)
The board shall consist of:
(a)
The State Treasurer or a designee of the State Treasurer;
(b)
A member of the State Board of Higher Education, to be selected by the State
Board of Higher Education;
(c)
A representative of accredited private colleges and universities located in
this state, who shall be appointed by the State Treasurer; and
(d)
Two public members, who by reason of their education and experience are
qualified to serve, and who shall be appointed by the State Treasurer.
(3)
The State Treasurer shall designate the board chairperson from among the
members of the board. The chairperson shall serve at the pleasure of the State
Treasurer.
(4)(a)
The board member who is a member of the State Board of Higher Education shall
serve at the pleasure of the State Board of Higher Education but may not serve
on the board following the end of the member’s term on the State Board of
Higher Education.
(b)
The representative of private colleges and universities and the public members
of the board shall serve at the pleasure of the State Treasurer for a term of
office of three years. These members of the board may be reappointed to
subsequent terms.
(5)
The State Treasurer and the Oregon University System shall provide staff and
assistance to the board in the administration of the Oregon 529 College Savings
Network as directed by the board.
(6)
A member of the board is entitled to compensation and expenses as provided in
ORS 292.495.
(7)
A majority of the members of the board constitutes a quorum for the transaction
of business. [1999 c.746 §3; 2003 c.280 §8; 2009 c.762 §65; 2011 c.413 §1]
Note: See
note under 348.841.
348.853 Board powers and duties; establishment
of network; rules. The Oregon 529 College Savings
Board shall have the following powers, duties, and functions:
(1)
To establish, develop, implement and maintain the Oregon 529 College Savings
Network in a manner consistent with ORS 348.841 to 348.873 and section 529 of
the Internal Revenue Code and to obtain the benefits of section 529 of the
Internal Revenue Code for the network and its participants.
(2)
To adopt rules for the general administration of the network, to administer ORS
348.841 to 348.873 and to ensure the network’s compliance with section 529 of
the Internal Revenue Code.
(3)
To maintain, invest and reinvest the funds contributed into the network
consistent with the investment restrictions established by the board. The
investment restrictions shall be consistent with the objectives of the network,
and the board shall exercise the judgment and care then prevailing that persons
of prudence, discretion and intelligence exercise in the management of their
own affairs with due regard to the probable income and level of risk from
certain types of investments of money, in accordance with the policies established
by the board.
(4)
To make and enter into any and all contracts, agreements or arrangements, and
to retain, employ and contract for the services of private and public financial
institutions, depositories, consultants, investment advisors or managers and
third-party plan administrators and for research, technical and other services
necessary or desirable for carrying out the purposes of ORS 348.841 to 348.873.
(5)
To accept donations or receive funds for the purpose of providing scholarships,
grants and other incentives to account owners, potential account owners and
their designated beneficiaries or furthering any of the purposes of ORS 348.841
to 348.873.
(6)
To encourage increased participation in the network by awarding scholarships or
grants, providing or making available other incentives to account owners or
potential account owners and their designated beneficiaries, or entering into
promotional arrangements with third parties as the board deems desirable. [1999
c.746 §5; 2003 c.280 §9; 2005 c.297 §1]
Note: See
note under 348.841.
348.855
[Formerly 351.730; 1979 c.284 §139; 1987 c.880 §13; repealed by 1997 c.652 §63]
348.856 Oregon 529 College Savings Network
Fund. (1) The Oregon 529 College Savings
Network Fund is established in the State Treasury, separate and distinct from
the General Fund. Interest earned by the Oregon 529 College Savings Network
Fund shall be credited to the fund. All moneys credited to the Oregon 529
College Savings Network Fund are continuously appropriated to the Oregon 529
College Savings Board for the purposes of ORS 348.841 to 348.873.
(2)
The Oregon 529 College Savings Network Fund shall consist of:
(a)
Moneys appropriated to the fund by the Legislative Assembly;
(b)
Moneys transferred to the fund from the federal government, other state
agencies or local governments;
(c)
Moneys from the payment of fees and the payment of other moneys due the board;
(d)
Any gifts or donations made to the State of Oregon for deposit in the fund; and
(e)
Earnings on moneys in the fund.
(3)
The board may use the moneys in the fund to pay the administrative costs and
expenses of the board and the Oregon 529 College Savings Network, to provide or
make available scholarships, grants and other incentives to account owners, potential
account owners and their designated beneficiaries or to further any other
purpose of ORS 348.841 to 348.873. [2003 c.280 §22; 2005 c.297 §2]
Note: See
note under 348.841.
348.857 Network participation; contribution
limitations; fees. (1) An account owner may
establish an account by making an initial contribution to the Oregon 529
College Savings Network in the name of the designated beneficiary. Once a
contribution is made it becomes part of the network and subject to the
provisions of ORS 348.841 to 348.873.
(2)
Any person may make a contribution to an account once an account is opened.
(3)
Contributions to an account shall be made only in cash and may be deposited as
provided in ORS 305.796.
(4)
Total contributions to all accounts established on behalf of a particular
beneficiary may not exceed those reasonably necessary to provide for the
qualified higher education expenses of the designated beneficiary. The Oregon
529 College Savings Board shall establish maximum contribution limits applicable
to network accounts and shall require the provision of any information from the
account owner and the designated beneficiary that the board deems necessary to
establish these limits.
(5)
Separate records and accounting shall be required for each account and reports
shall be made no less frequently than annually to the account owner.
(6)
The board may collect application, account or administrative fees to defray the
costs of the network. [1999 c.746 §6; 2001 c.12 §5; 2003 c.280 §10; 2011 c.527 §3]
Note: See
note under 348.841.
348.860 Right to direct investment of
contributions or earnings; liability for loss.
(1) Except as permitted in section 529 of the Internal Revenue Code, no person
other than the Oregon 529 College Savings Board or a financial institution
in which Oregon 529 College Savings Network funds have been invested
shall have the right to direct the investment of any contributions to or
earnings from the network.
(2)
The network, the board, each board member and the State of Oregon may not
insure any account or guarantee any rate of return or any interest rate on any
contribution. The network, the board, each board member and the State of Oregon
may not be liable for any loss incurred by any person as a result of
participating in the network.
(3)
The board, in the exercise of its sole discretion and without liability, may
remove the network’s funds from any financial institution and reinvest the
funds in a similar or different investment alternative at another financial
institution pursuant to a contract, agreement or arrangement entered into under
ORS 348.853 (4). [1999 c.746 §7; 2003 c.280 §11]
Note: See
note under 348.841.
348.863 Prohibitions and limitations on
accounts. (1) An account and any interest in an
account may not be assignable or pledged or otherwise used to secure or obtain
a loan or other advancement.
(2)
The right of a designated beneficiary to the payment of qualified higher
education expenses or of an account owner to a withdrawal, payments and
withdrawals made in exercise of those rights and moneys or property held within
an account shall be exempt from garnishment and may not be subject to
execution, attachment or any other process or to the operation of any
bankruptcy or insolvency law.
(3)
A refund of a qualified educational expense payment may not be paid by a higher
education institution directly to the designated beneficiary or to the account
owner. Any refund of qualified tuition expenses owed by a higher education
institution on account of an overpayment of educational expenses must be
refunded to the Oregon 529 College Savings Network for credit to an account of
the designated beneficiary.
(4)
A qualified withdrawal that is used to pay for qualified higher education
expenses must be paid as prescribed by section 529 of the Internal Revenue Code
and rules adopted by the Oregon 529 College Savings Board. [1999 c.746 §8; 2001
c.12 §6; 2003 c.280 §12]
Note: See
note under 348.841.
348.865
[Formerly 351.740; repealed by 1997 c.652 §63]
348.867 Designated beneficiary of account;
confidentiality of account information. (1) An
account owner shall have the right at any time to change the designated
beneficiary of an account to another individual who is a member of the family
of the former designated beneficiary.
(2)
An account owner shall have the right at any time to direct that all or a
portion of an account be transferred to the account of another designated
beneficiary who is a member of the family of the former designated beneficiary.
(3)
The right to change the designated beneficiary or to transfer between accounts
contained in subsections (1) and (2) of this section may be denied if, under
rules adopted by the Oregon 529 College Savings Board, the exercise of the
right would result in either excess contributions to an account or the exercise
of impermissible investment direction by the account owner.
(4)
Individual account information, including but not limited to names, addresses,
telephone numbers, personal identification information, amounts contributed and
earnings on amounts contributed, is confidential and must be maintained as
confidential:
(a)
Except to the extent necessary to administer the Oregon 529 College Savings
Network in a manner consistent with ORS 348.841 to 348.873, Oregon tax laws and
the Internal Revenue Code; or
(b)
Unless the person who provides the information or is the subject of the
information expressly agrees in writing that the information may be disclosed. [1999
c.746 §9; 2001 c.12 §7; 2003 c.280 §13]
Note: See
note under 348.841.
348.869 State interest in contributions
and earnings. The State of Oregon has no proprietary
interest in the contributions or earnings of the Oregon 529 College Savings
Network. Except as otherwise provided by law, the Oregon 529 College Savings
Board is the trustee of the contributions and earnings. [2001 c.12 §4; 2003
c.280 §14]
Note: See
note under 348.841.
348.870 Account withdrawals; rules;
report. (1) Withdrawal from an account may be
made as prescribed by the rules adopted by the Oregon 529 College Savings
Board.
(2)
A financial institution shall report an account withdrawal during any calendar
year to the account owner and the federal Internal Revenue Service. The report
shall be made at the time and contain such information as required by law. [1999
c.746 §10; 2003 c.280 §15]
Note: See
note under 348.841.
348.873 Report to Governor and Legislative
Assembly. The Oregon 529 College Savings Board
shall publish an annual report to the Governor and the Legislative Assembly
detailing the board’s activities. The board shall submit the report to the
Governor and the Legislative Assembly on or before March 15 of each year. [1999
c.746 §11; 2003 c.280 §16; 2011 c.413 §2]
Note: See
note under 348.841.
348.875
[Formerly 351.750; 1979 c.308 §4; 1987 c.880 §14; repealed by 1997 c.652 §63]
348.885
[Formerly 351.760; 1979 c.308 §5; 1987 c.880 §15; repealed by 1997 c.652 §63]
COORDINATION OF STATE AGENCIES
348.890 Higher Education Coordinating
Commission policy direction for implementation of agreements.
(1) The Higher Education Coordinating Commission shall provide policy direction
to implement regional partnership proposals and any other joint program or
activity approved by the State Board of Education and the State Board of Higher
Education.
(2)
Notwithstanding ORS 351.063 (3), the Department of Community Colleges and
Workforce Development and the Oregon University System may use appropriations
from the General Fund to implement agreements approved by the Higher Education
Coordinating Commission that provide direct aid to a student, or other
incentives that encourage shared use of facilities, programs and other
resources of public universities listed in ORS 352.002 and community colleges. [1977
c.306 §3; 1987 c.880 §16; 1997 c.249 §109; 1999 c.450 §1; 2009 c.762 §66; 2011
c.637 §§205,205a]
Note: The
amendments to 348.890 by section 205a, 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 205,
chapter 637, Oregon Laws 2011, is set forth for the user’s convenience.
348.890. (1)
The State Board of Higher Education and the State Board of Education shall hold
at least one meeting annually as the Joint Boards of Education for the purpose
of coordinating their activities and reaching joint agreement on matters of
education policy and opportunities of mutual interest to the two boards and to
the populations served by the boards.
(2)
Bylaws to be adopted by the members shall determine procedures for setting
meeting dates, locations, chairperson rotation, agendas and staff support.
(3)
The Joint Boards of Education shall provide policy direction to implement
regional partnership proposals and any other joint program or activity approved
by both boards.
(4)
Notwithstanding ORS 351.063 (3), the Department of Community Colleges and
Workforce Development and the Oregon University System may use appropriations
from the General Fund to implement agreements approved by the Joint Boards of
Education that provide direct aid to a student, or other incentives that
encourage shared use of facilities, programs and other resources of public
universities listed in ORS 352.002 and community colleges.
348.900 Needs assessment for health care
occupations; evaluation of health care education programs.
(1) The Employment Department, in consultation with health care industry
employers, shall perform a statewide and regional needs assessment for health
care occupations to identify emerging occupations and occupations for which
there is high demand or a shortage of workers. The assessment shall be
performed as necessary on a periodic basis, as determined by the department, in
consultation with industry employers. To perform the needs assessment, the
department may consider any reliable data sources available to the department.
(2)
Based on the needs assessment, the Higher Education Coordinating Commission
shall inform the community colleges, public universities listed in ORS 352.002,
Oregon Health and Science University and health care industry employers of the
identified statewide needs and invite the development of health care education
programs that are responsive to those needs.
(3)
When approving health care education programs, the State Board of Education,
the State Board of Higher Education and the Oregon Health and Science
University Board of Directors shall use the statewide needs assessment to
evaluate whether a program fulfills statewide needs. If a board determines
there is a statewide need, the board shall facilitate the:
(a)
Coordination of new health care education programs and existing health care
education programs that are similar to the new health care education programs
to address the statewide need; and
(b)
Alignment of health care education programs relating to statewide access,
student transferability between programs, course articulation and common
student learning outcomes for health care education programs.
(4)
In the development and approval of health care education programs, community
colleges, public universities, Oregon Health and Science University, the State
Board of Education, the State Board of Higher Education and the Oregon Health
and Science University Board of Directors shall consider issues related to
statewide access, student transferability between programs, course articulation
and common student learning outcomes for health care education programs. The
community colleges, public universities, Oregon Health and Science University
and boards shall continue to provide and improve upon an effective articulation
and transfer framework for students in Oregon’s post-secondary sectors. [2005
c.202 §1; 2011 c.637 §§206,206a]
Note: The
amendments to 348.900 by section 206a, 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 206,
chapter 637, Oregon Laws 2011, is set forth for the user’s convenience.
348.900. (1)
The Employment Department, in consultation with health care industry employers,
shall perform a statewide and regional needs assessment for health care
occupations to identify emerging occupations and occupations for which there is
high demand or a shortage of workers. The assessment shall be performed as
necessary on a periodic basis, as determined by the department, in consultation
with industry employers. To perform the needs assessment, the department may
consider any reliable data sources available to the department.
(2)
Based on the needs assessment, the Joint Boards of Education shall inform the
community colleges, public universities listed in ORS 352.002, Oregon Health
and Science University and health care industry employers of the identified
statewide needs and invite the development of health care education programs
that are responsive to those needs.
(3)
When approving health care education programs, the State Board of Education,
the State Board of Higher Education and the Oregon Health and Science University
Board of Directors shall use the statewide needs assessment to evaluate whether
a program fulfills statewide needs. If a board determines there is a statewide
need, the board shall facilitate the:
(a)
Coordination of new health care education programs and existing health care
education programs that are similar to the new health care education programs
to address the statewide need; and
(b)
Alignment of health care education programs relating to statewide access,
student transferability between programs, course articulation and common
student learning outcomes for health care education programs.
(4)
In the development and approval of health care education programs, community
colleges, public universities, Oregon Health and Science University, the State
Board of Education, the State Board of Higher Education and the Oregon Health
and Science University Board of Directors shall consider issues related to
statewide access, student transferability between programs, course articulation
and common student learning outcomes for health care education programs. The
community colleges, public universities, Oregon Health and Science University
and boards shall continue to provide and improve upon an effective articulation
and transfer framework for students in Oregon’s post-secondary sectors.
Note:
348.900 was enacted into law by the Legislative Assembly but was not added to
or made a part of ORS chapter 348 or any series therein by legislative action.
See Preface to Oregon Revised Statutes for further explanation.
348.910 Applied baccalaureate degrees.
(1) As used in this section, “applied baccalaureate degree” means a bachelor’s
degree designed to incorporate applied associate courses and degrees with
additional coursework emphasizing higher-order thinking skills and advanced
technical knowledge and skills.
(2)
The Higher Education Coordinating Commission shall develop a plan for offering
applied baccalaureate degree programs at community colleges and public
universities listed in ORS 352.002. The commission shall consider the following
types of programs for the purpose of offering some of these types and the
possibility of combinations of these types:
(a)
A career ladder program that requires a substantial number of upper level
courses in the same technical area of study as the student’s applied associate
degree;
(b)
An inverse program that reverses the traditional curriculum sequence by adding
general education courses in the student’s third and fourth years to the
associate degree courses taken in the student’s first and second years;
(c)
A management ladder program that combines associate degree requirements with
applied management skills coursework; and
(d)
A work experience program that combines general education and technical
coursework with direct, supervised work experience in a relevant field.
(3)
The plan must include the following elements:
(a)
The method by which the applied baccalaureate degree programs will be created,
including any necessary accreditation by the relevant accrediting agency;
(b)
The criteria for approving the degree and course options offered by public
universities listed in ORS 352.002 and community colleges;
(c)
The articulation agreements between community colleges and public universities
listed in ORS 352.002 necessary to ensure that the applied baccalaureate degree
programs are as widely available as possible;
(d)
The resources required to implement the applied baccalaureate degree program;
(e)
The timeline necessary to implement the applied baccalaureate degree program;
and
(f)
A recommendation as to whether community colleges should be allowed to offer
applied baccalaureate degrees. [2009 c.779 §1; 2011 c.9 §36; 2011 c.637 §§207,207a]
Note: The
amendments to 348.910 by section 207a, 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 36,
chapter 9, Oregon Laws 2011, and section 207, chapter 637, Oregon Laws 2011, is
set forth for the user’s convenience.
348.910. (1) As
used in this section, “applied baccalaureate degree” means a bachelor’s degree
designed to incorporate applied associate courses and degrees with additional
coursework emphasizing higher-order thinking skills and advanced technical
knowledge and skills.
(2)
The Joint Boards of Education shall develop a plan for offering applied
baccalaureate degree programs at community colleges and public universities
listed in ORS 352.002. The boards shall consider the following types of
programs for the purpose of offering some of these types and the possibility of
combinations of these types:
(a)
A career ladder program that requires a substantial number of upper level
courses in the same technical area of study as the student’s applied associate
degree;
(b)
An inverse program that reverses the traditional curriculum sequence by adding
general education courses in the student’s third and fourth years to the
associate degree courses taken in the student’s first and second years;
(c)
A management ladder program that combines associate degree requirements with
applied management skills coursework; and
(d)
A work experience program that combines general education and technical
coursework with direct, supervised work experience in a relevant field.
(3)
The Joint Boards of Education plan must include the following elements:
(a)
The method by which the applied baccalaureate degree programs will be created,
including any necessary accreditation by the relevant accrediting agency;
(b)
The criteria for approving the degree and course options offered by public
universities listed in ORS 352.002 and community colleges;
(c)
The articulation agreements between community colleges and public universities
listed in ORS 352.002 necessary to ensure that the applied baccalaureate degree
programs are as widely available as possible;
(d)
The resources required to implement the applied baccalaureate degree program;
(e)
The timeline necessary to implement the applied baccalaureate degree program;
and
(f)
A recommendation as to whether community colleges should be allowed to offer
applied baccalaureate degrees.
Note:
348.910 was enacted into law by the Legislative Assembly but was not added to
or made a part of ORS chapter 348 or any series therein by legislative action.
See Preface to Oregon Revised Statutes for further explanation.
EDUCATION COMMISSION OF THE STATES
348.950 Education Commission of the
States; members; dues. (1) If the state decides to
participate in the activities of the Education Commission of the States, it may
pay the appropriate dues. Other costs of membership may be paid from funds
available therefor.
(2)
The persons appointed to represent the state in activities of the commission
shall be appointed as follows:
(a)
Three by the Governor, to serve at the pleasure of the Governor.
(b)
Two by the President of the Senate, who shall be members of the Senate, to
serve at the pleasure of the President of the Senate and until the convening of
the odd-numbered year regular session of the Legislative Assembly next
following the appointment. Members appointed under this paragraph are entitled
to payment of compensation and expense reimbursement under ORS 171.072, payable
from funds appropriated to the Legislative Assembly.
(c)
Two by the Speaker of the House of Representatives, who shall be members of the
House of Representatives, to serve at the pleasure of the Speaker of the House
and until the convening of the odd-numbered year regular session of the
Legislative Assembly next following the appointment. Members appointed under
this paragraph are entitled to payment of compensation and expense
reimbursement under ORS 171.072, payable from funds appropriated to the
Legislative Assembly. [Formerly 189.110; 1987 c.879 §13; 2011 c.545 §15]
PENALTIES
348.990
[Derived from 351.990; 1979 c.308 §6; repealed by 1997 c.652 §63]
348.992 Criminal penalty.
Violation of any of the provisions of ORS 348.594 to 348.615 by any person
individually or on behalf of an organization or group is a Class B misdemeanor.
[1997 c.652 §15; 1999 c.59 §97]
CHAPTERS 349
AND 350 [Reserved for expansion]
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