Chapter 348 — Student
Aid; Education Stability Fund; Planning
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 wi