Chapter 350 — Statewide Coordination of Higher Education

 

ORS sections in this chapter were amended or repealed by the Legislative Assembly during its 2016 regular session. See the table of ORS sections amended or repealed during the 2016 regular session: 2016 A&R Tables

 

New sections of law were enacted by the Legislative Assembly during its 2016 regular session and pertain to or are likely to be compiled in this ORS chapter. See sections in the following 2016 Oregon Laws chapters: 2016 Session Laws 0017; 2016 Session Laws 0031; 2016 Session Laws 0032; 2016 Session Laws 0114

 

 

2015 EDITION

 

 

STATEWIDE COORDINATION OF HIGHER EDUCATION

 

EDUCATION AND CULTURE

 

POLICY ON HIGHER EDUCATION

 

350.001     Legislative findings

 

350.005     Additional findings

 

350.009     Fundamental goals of public higher education

 

350.014     Mission of education beyond high school

 

HIGHER EDUCATION COORDINATING COMMISSION

 

(Generally)

 

350.050     Higher Education Coordinating Commission; members; confirmation

 

350.055     Qualifications of members

 

350.060     Officers; quorum; official action; meetings

 

350.065     Executive director; subordinate officers and employees

 

350.070     Advisory and technical committees

 

350.075     Powers, duties and functions; rules

 

350.080     Ability of Higher Education Coordinating Commission to accept and deposit moneys or property and to apply for federal funds

 

350.085     Mission statements and academic programs of public universities

 

(Temporary provisions relating to pilot programs, work groups and the Affordable Baccalaureate Degree Act are compiled as notes following ORS 350.085)

 

350.090     Biennial funding request

 

350.095     Budgetary items in funding request; allocation of funds; certification of revenue sufficiency

 

350.100     Implementation of diverse educator recruitment plans

 

350.105     Report on capital construction projects

 

350.110     Coordination between Higher Education Coordinating Commission, public universities, community college districts and independent for-profit and not-for-profit institutions of higher education; common goals; advisory committee; annual reporting

 

350.115     Regional services institutes; general program; location

 

350.120     Program purpose and function

 

(Office of Community Colleges and Workforce Development)

 

350.150     Office to function under Higher Education Coordinating Commission; rules

 

350.155     Office of Community Colleges and Workforce Development Account

 

350.160     Director of the Office of Community Colleges and Workforce Development

 

350.165     Advanced Technology Education and Training Fund

 

350.170     Advanced technology education and training grants and loans; rules

 

350.175     General Educational Development (GED) certificates; rules; fees

 

STUDENT POLICIES

 

(Generally)

 

350.250     Students unable because of religious beliefs to attend classes on certain days

 

350.255     Written sexual assault protocol; content

 

350.260     Student journalists; student expression; civil action

 

350.265     Armed Forces recruitment on campuses; standards

 

350.270     Priority enrollment system for active or former member of Armed Forces or qualified dependent of former member; conditions

 

(Social Media)

 

350.272     Prohibited actions related to access to personal social media accounts

 

350.274     Cause of action for violation of ORS 350.272

 

(Disclosure of Social Security Numbers)

 

350.276     Definitions for ORS 350.278 and 350.280

 

350.278     Disclosure of Social Security number of student attending public university

 

350.280     Disclosure of Social Security number of community college student

 

350.282     Action for disclosure of Social Security number

 

(Tuition)

 

350.285     Waiver of tuition for family members of deceased or disabled veterans or children of Purple Heart recipients

 

350.290     Resident tuition and fees for nonresident students who served in Armed Forces or international position

 

350.295     Annual report on reduced tuition rate and tuition waiver recipients

 

350.300     Waiver of tuition and fees for foster child

 

EMPLOYMENT POLICIES

 

350.350     “Public institution of higher education” defined for ORS 350.355 and 350.360

 

350.355     Health care benefits for part-time faculty

 

350.360     Review of employees at public institutions of higher education; report to Legislative Assembly and Governor

 

350.365     Report on number of employees at public universities

 

FORESTRY EDUCATION

 

350.500     Forestry Education Council; members; term of office

 

Note          Terms of initial appointments to Forestry Education Council--2012 c.39 §3

 

350.505     Qualifications of members of Forestry Education Council

 

350.510     Administration of Forestry Education Council

 

350.515     Criteria and measurements for investments in professional forestry education; process; report

 

350.520     Public University Fund subaccount for professional forestry education

 

350.525     No obligation to fund subaccount

 

350.530     Review of allocations by President of Oregon State University

 

VENTURE GRANT PROGRAM

 

350.540     Venture grant program; applicant requirements

 

350.545     University venture development funds; use; fee

 

350.550     Purposes of funds; disbursement; assessment; report

 

POLICY ON INDEPENDENT INSTITUTIONS OF HIGHER EDUCATION

 

350.600     Legislative findings

 

350.605     Public purpose to encourage and increase opportunities in independent higher education

 

350.610     Policies and practices of state agencies and Higher Education Coordinating Commission

 

350.615     State financial aid for students

 

350.620     State policies to enhance and encourage independent higher education

 

AID TO INDEPENDENT INSTITUTIONS

 

350.630     Legislative findings

 

350.635     Definitions for ORS 350.630 to 350.655

 

350.640     Contracts with independent institutions for nonsectarian and nonreligious educational services

 

350.645     Computation of payments under contracts

 

350.650     Rules

 

350.655     Severability

 

FINANCE OF EDUCATION FACILITIES BY MUNICIPALITY

 

350.665     Definitions for ORS 350.665 to 350.695

 

350.670     Finance of education facilities by municipalities

 

350.675     Powers of municipality

 

350.680     Revenue bonds; issuance; trust funds; pledge; terms; legal effect

 

350.685     Revenue bonds secured by education facility revenues

 

350.690     Municipalities acting jointly

 

350.695     Investment of revenues

 

PROMOTION OF REGIONAL INTERSTATE AGREEMENTS

 

350.750     Nonresident tuition in post-secondary educational institutions

 

350.755     Interstate agreements

 

WESTERN REGIONAL HIGHER EDUCATION COMPACT

 

350.770     Western Regional Higher Education Compact ratified

 

350.775     Compact provisions

 

350.780     Effective time of compact

 

350.785     Commission members; appointment and removal

 

350.790     Authority to take action to achieve ends of compact

 

350.795     Contracts to furnish out-of-state educational service to Oregon students

 

350.800     Selection of Oregon residents to receive out-of-state educational service

 

350.805     Contracts to furnish educational service in Oregon public universities to out-of-state students

 

350.810     Effect of registering to vote on student eligibility to participate in Western Undergraduate Exchange

 

POLICY ON HIGHER EDUCATION

 

      350.001 Legislative findings. The Legislative Assembly finds that:

      (1) For its survival and political well-being, Oregon needs wise and effective leadership and an informed citizenry.

      (2) For its survival and economic well-being, Oregon needs able and imaginative men and women for the direction and operation of all its institutions, for the production of goods and services and for the management of its fiscal affairs. Oregon also needs alert and informed consumers.

      (3) For its cultural advancement, Oregon needs creative talent as well as appreciative and discriminating readers, viewers and listeners. Oregon also needs people who understand the diverse patterns of behavior, communication and belief that make up the common cultures of the various communities in which we all must function.

      (4) For its survival, Oregon needs citizens who understand the interdependence of human beings and our shared dependence on the resources provided by our natural environment.

      (5) Oregon needs people who, in the roles of parents and teachers and in other capacities, are able to transmit the state’s and the nation’s ideals and heritage to future generations.

      (6) For their personal well-being, individual Oregonians need to cultivate an advanced literacy essential to leading productive and rewarding lives. This includes the capacity to think logically and critically; to internalize and exemplify humane values; to write, speak and figure clearly and accurately; to understand, in some depth, a variety of psychological, historical, cultural, aesthetic and scientific concepts and theories; and to master a range of occupational, professional, avocational, social and personal skills. [Formerly 351.001]

 

      350.005 Additional findings. In addition to making the findings under ORS 350.001, the Legislative Assembly finds that:

      (1) Oregonians need access to educational opportunities beyond high school and throughout life.

      (2) To meet the societal and individual needs described under ORS 350.001, Oregonians have created and should sustain diverse institutions of higher education, both independent and state-assisted.

      (3) These institutions have developed the intellectual capacity of Oregonians and have prepared thousands of them for productive and fulfilling careers.

      (4) These institutions should provide educational access to all segments of Oregon’s diverse population.

      (5) These institutions provide research that generates knowledge value essential for Oregon’s economic growth.

      (6) These institutions engage the professional expertise of their faculties to solve social problems.

      (7) These institutions provide important cultural activities and services that add to Oregon’s quality of life. [Formerly 351.003]

 

      350.009 Fundamental goals of public higher education. The Legislative Assembly finds that public higher education is necessary to accomplish the findings in ORS 350.001 and recognizes the following as fundamental goals of public higher education in this state:

      (1) Creating an educated citizenry to support responsible roles in a democratic society and provide a globally competitive workforce to drive this state’s economy, while ensuring access for all qualified Oregonians to a high-quality post-secondary education;

      (2) Ensuring a high-quality learning environment that allows students to succeed;

      (3) Creating original knowledge and advancing innovation; and

      (4) Contributing positively to the economic, civic and cultural life of communities in all regions of Oregon. [Formerly 351.006]

 

      350.014 Mission of education beyond high school. (1) The Legislative Assembly declares that the mission of all education beyond high school in Oregon includes achievement of the following by 2025:

      (a) Ensure that at least 40 percent of adult Oregonians have earned a bachelor’s degree or higher;

      (b) Ensure that at least 40 percent of adult Oregonians have earned an associate’s degree or a post-secondary credential as their highest level of educational attainment; and

      (c) Ensure that the remaining 20 percent or less of all adult Oregonians have earned a high school diploma, an extended or modified high school diploma or the equivalent of a high school diploma as their highest level of educational attainment.

      (2) The earning of a post-secondary credential described in subsection (1)(b) of this section may be satisfied by adult Oregonians who have completed apprenticeship programs registered with the State Apprenticeship and Training Council. [Formerly 351.009]

 

HIGHER EDUCATION COORDINATING COMMISSION

 

(Generally)

 

      350.050 Higher Education Coordinating Commission; members; confirmation. (1) There is established a Higher Education Coordinating Commission, consisting of nine voting members appointed by the Governor.

      (2) The Governor shall appoint:

      (a) One member from each of the five congressional districts in this state; and

      (b) Four members of the general public.

      (3) The Governor shall also appoint five nonvoting members to the commission. The Governor shall elicit recommendations for appointments made under this subsection from official student, faculty and nonfaculty staff organizations at community colleges and public universities listed in ORS 352.002. The five nonvoting members of the commission shall consist of:

      (a) One student at a public university listed in ORS 352.002;

      (b) One faculty member at a public university listed in ORS 352.002;

      (c) One student at a community college in this state;

      (d) One faculty member at a community college in this state; and

      (e) One nonfaculty member of the staff from either a public university listed in ORS 352.002 or a community college.

      (4) The term of office of each voting member is four years and the term of office for each nonvoting member is two years. A member serves at the pleasure of the Governor. Before the expiration of the term of a member, the Governor shall appoint a successor whose term begins on July 1 next following. A member is eligible for reappointment. If there is a vacancy for any cause, the Governor shall make an appointment to become immediately effective for the unexpired term.

      (5) The Governor may at any time, for cause, remove any member of the board that the Governor has appointed, after notice and public hearing, but not more than three members shall be removed within a period of four years, unless it is for corrupt conduct in office.

      (6) The appointment of voting members of the commission is subject to confirmation by the Senate in the manner prescribed in ORS 171.562 and 171.565.

      (7) A member of the commission is entitled to compensation and expenses as provided in ORS 292.495. [Formerly 351.715]

 

      Note: Section 6, chapter 747, Oregon Laws 2013, provides:

      Sec. 6. Notwithstanding the term of office specified by ORS 351.715 [renumbered 350.050], of the voting members first appointed by the Governor after the effective date of this 2013 Act [August 14, 2013] to the Higher Education Coordinating Commission:

      (1) Three shall serve for a term ending June 30, 2015.

      (2) Three shall serve for a term ending June 30, 2016.

      (3) Three shall serve for a term ending June 30, 2017. [2013 c.747 §6]

 

      Note: Section 2, chapter 637, Oregon Laws 2011, provides:

      Sec. 2. Notwithstanding the term of office specified by ORS 351.715 [renumbered 350.050], of the members first appointed to the Higher Education Coordinating Commission:

      (1) Five, including the two student members, appointed for a term originally ending June 30, 2014, shall serve for a term ending on the date on which succeeding members are appointed pursuant to section 6 (1) of this 2013 Act [section 6 (1), chapter 747, Oregon Laws 2013].

      (2) Five appointed for a term originally ending June 30, 2015, shall serve for a term ending on the date on which succeeding members are appointed pursuant to section 6 (2) of this 2013 Act.

      (3) Five appointed for a term originally ending June 30, 2016, shall serve for a term ending on the date on which succeeding members are appointed pursuant to section 6 (3) of this 2013 Act. [2011 c.637 §2; 2013 c.747 §5]

 

      350.055 Qualifications of members. The members of the Higher Education Coordinating Commission must be residents of this state who are well informed on the principles of higher education. [Formerly 351.718]

 

      350.060 Officers; quorum; official action; meetings. (1) The Higher Education Coordinating Commission shall select one of its members as chairperson and another as vice chairperson, for such terms and with duties and powers necessary for the performance of the functions of such offices as the commission determines.

      (2) A majority of the members of the commission constitutes a quorum for the transaction of business.

      (3) Official action by the commission requires the approval of a majority of the members of the commission.

      (4) The commission shall meet at least once every three months at a place, day and hour determined by the chairperson. The commission may also meet at other times and places specified by the call of the chairperson or of a majority of the members of the commission. [Formerly 351.722]

 

      350.065 Executive director; subordinate officers and employees. (1) The Higher Education Coordinating Commission shall appoint an executive director to serve at the pleasure of the commission.

      (2) The appointment of the executive director must be by written order, filed with the Secretary of State.

      (3) Subject to any applicable provisions of ORS chapter 240, the executive director shall appoint all subordinate officers and employees of the commission, prescribe their duties and fix their compensation.

      (4) The executive director shall coordinate with the Chief Education Officer as provided by section 2, chapter 519, Oregon Laws 2011. [Formerly 351.725]

 

      Note: The amendments to 350.065 (formerly 351.725) by section 60, chapter 774, Oregon Laws 2015, become operative June 30, 2019. See section 72, chapter 774, Oregon Laws 2015, as amended by section 14, chapter 682, Oregon Laws 2015, and section 20, chapter 763, Oregon Laws 2015. The text that is operative on and after June 30, 2019, is set forth for the user’s convenience.

      350.065. (1) The Higher Education Coordinating Commission shall appoint an executive director to serve at the pleasure of the commission.

      (2) The appointment of the executive director must be by written order, filed with the Secretary of State.

      (3) Subject to any applicable provisions of ORS chapter 240, the executive director shall appoint all subordinate officers and employees of the commission, prescribe their duties and fix their compensation.

 

      350.070 Advisory and technical committees. (1) The Higher Education Coordinating Commission may establish such advisory and technical committees as it considers necessary to aid and advise the commission in the performance of its functions. These committees may be continuing or temporary committees. The commission shall determine the representation, membership, terms and organization of the committees and shall appoint their members.

      (2) Members of the committees are not entitled to compensation, but at the discretion of the commission may be reimbursed from funds available to the commission for actual and necessary travel and other expenses incurred by them in the performance of their official duties in the manner and amount provided in ORS 292.495. [Formerly 351.732]

 

      350.075 Powers, duties and functions; rules. (1) As used in this section, “student access programs” means scholarship, loan, grant and access programs described in ORS chapter 348.

      (2) The Higher Education Coordinating Commission shall be guided by the legislative findings in ORS 341.009, 350.001 and 350.005 and the goals and mission of post-secondary education set forth in ORS 350.009 and 350.014.

      (3) The Higher Education Coordinating Commission shall:

      (a) Develop state goals for the state post-secondary education system, including community colleges and public universities listed in ORS 352.002, and for student access programs.

      (b) Determine strategic investments in the state’s community colleges, public universities and student access programs necessary to achieve state post-secondary education goals.

      (c) Coordinate the post-secondary elements of data collection and structure, with the advice and recommendation of the state’s independent institutions, community colleges and public universities, as appropriate, in order to construct a state longitudinal data system.

      (d) Adopt a strategic plan for achieving state post-secondary education goals, taking into consideration the contributions of this state’s independent institutions, philanthropic organizations and other organizations dedicated to helping Oregonians reach state goals. State post-secondary education goals as described in this section should include, but need not be limited to:

      (A) Increasing the educational attainment of the population;

      (B) Increasing this state’s global economic competitiveness and the quality of life of its residents;

      (C) Ensuring affordable access for qualified Oregon students at each college or public university;

      (D) Removing barriers to on-time completion; and

      (E) Tracking progress toward meeting the state’s post-secondary education goals established in the strategic plan described in this paragraph.

      (e)(A) Each biennium, after receiving funding requests from the state’s community colleges and public universities as authorized by law, recommend to the Governor a consolidated higher education budget request aligned with the strategic plan described in paragraph (d) of this subsection, including appropriations for:

      (i) Student access programs;

      (ii) Public universities listed in ORS 352.002, including but not limited to education and general operations, statewide public services and state-funded debt service;

      (iii) Community colleges, including but not limited to education and general operations and state-funded debt service;

      (iv) New facilities or programs;

      (v) Capital improvements and deferred maintenance; and

      (vi) Special initiatives and investments.

      (B) In the development of the consolidated higher education budget request:

      (i) Determine the costs necessary to provide quality post-secondary education;

      (ii) Solicit input from educators, education policy experts, appropriate legislative committees, students and other persons interested in the development of the funding model; and

      (iii) Solicit public input regarding educational priorities.

      (f) Adopt rules governing the distribution of appropriations from the Legislative Assembly to community colleges, public universities listed in ORS 352.002 and student access programs. These rules must be based on allocation formulas developed in consultation with the state’s community colleges and public universities, as appropriate.

      (g) Approve or disapprove any significant change to the academic program of a community college or a public university listed in ORS 352.002. In reaching a decision under this paragraph, the commission shall consider the recommendation from the community college or public university seeking to make the change to an academic program that is issued pursuant to the obligation of the governing board of a community college or public university to review and approve academic programs. The commission shall ensure that approved programs:

      (A) Are consistent with the mission statement of the community college or public university;

      (B) Do not unnecessarily duplicate academic programs offered by Oregon’s other community colleges or public universities;

      (C) Are not located in a geographic area that will cause undue hardship to Oregon’s other community colleges or public universities; and

      (D) Are allocated among Oregon’s community colleges and public universities to maximize the achievement of statewide needs and requirements.

      (h) For public universities listed in ORS 352.002:

      (A) Approve the mission statement adopted by a governing board of a public university.

      (B) Review and determine whether a proposed annual increase of resident undergraduate enrollment fees of greater than five percent is appropriate.

      (C) Advise the Governor and the Legislative Assembly on issues of university governance.

      (D) Approve and authorize degrees.

      (E) Perform the evaluation and certification required by ORS 350.095.

      (i) Authorize degrees to be offered by independent post-secondary institutions in this state under ORS 348.594 to 348.615.

      (j) Oversee the licensing of career schools under ORS 345.010 to 345.450.

      (k) Have the authority to enter into and administer interstate agreements regarding the provision of post-secondary distance education. The participation by an educational institution that is not based in this state in distance learning courses or programs that are part of an interstate agreement entered into and administered under this paragraph does not constitute operating in this state for purposes of ORS 348.594 to 348.615. The commission, by rule, may impose a fee on any educational institution that seeks to operate under or participate in such interstate agreements. The fee amount shall be established to recover designated expenses incurred by the commission in participating in such agreements.

      (L) Coordinate and collaborate with the Chief Education Office as provided by section 1, chapter 519, Oregon Laws 2011.

      (4)(a) The Higher Education Coordinating Commission shall implement a process to resolve student complaints against any school operating in this state. As part of the process implemented under this subsection, the commission may:

      (A) Receive student complaints from students regarding a school;

      (B) Specify the type of information that must be included in a student complaint;

      (C) Investigate any student complaint filed against a school;

      (D) Establish a process to review and resolve student complaints against a school, including but not limited to reviewing school records, holding administrative hearings and issuing final orders;

      (E) Assess a fee to cover the costs of any proceeding brought under this subsection, including but not limited to the costs of an investigation or administrative hearing;

      (F) Require a school to make full or partial restitution to a student or to cease an act or practice that is challenged in a student complaint;

      (G) Adopt rules to implement the provisions of this subsection; and

      (H) Enter into agreements to implement the provisions of this subsection.

      (b) Any hearing held under this subsection is subject to the provisions of ORS chapter 183.

      (c) As used in this subsection:

      (A) “School” means a school that meets the requirements of ORS 348.597 (2)(d); and

      (B) “Student” means a person who is enrolled or accepted for enrollment at a school for the purpose of obtaining a degree, certificate or other recognized educational credential offered by that school.

      (5) In addition to the duties described in subsections (2) to (4) of this section, the Higher Education Coordinating Commission shall advise the Legislative Assembly, the Governor, community colleges, public universities and other state boards and commissions on policies in order to:

      (a) Ensure or improve access to higher education by diverse and underserved populations.

      (b) Encourage student success and completion initiatives.

      (c) Improve the coordination of the provision of educational services, including:

      (A) Transfers and coenrollment throughout the higher education system;

      (B) Accelerated college credit programs for high school students;

      (C) Applied baccalaureate and other transfer degrees;

      (D) Programs and grants that span multiple institutions; and

      (E) Reciprocity agreements with other states.

      (d) In coordination with the State Board of Education, enhance the use and quality of dual credit, career and technical pathways and efforts to create a culture of college attendance in this state.

      (e) In coordination with the State Workforce Investment Board, local workforce investment boards, the Oregon Health and Science University and independent institutions, ensure that the state’s colleges and universities offer programs in high-demand occupations that meet Oregon’s workforce needs.

      (f) Improve economies of scale by encouraging and facilitating the use of the shared services among post-secondary institutions in this state.

      (6) The Higher Education Coordinating Commission, in a manner consistent with ORS chapter 183, may adopt administrative rules.

      (7) With the exception of the rulemaking authority granted in subsection (6) of this section, the Higher Education Coordinating Commission may delegate any of its powers, duties or functions to a committee of the commission or to the executive director of the commission.

      (8) The Higher Education Coordinating Commission may establish technical or advisory committees to assist the commission in exercising its powers, duties and functions.

      (9) The Higher Education Coordinating Commission may exercise only powers, duties and functions expressly granted by the Legislative Assembly. Except as otherwise expressly provided by law, all other authorities reside at the institutional level with the respective boards of the post-secondary institutions. [Formerly 351.735]

 

      Note: The amendments to 350.075 (formerly 351.735) by section 61, chapter 774, Oregon Laws 2015, become operative June 30, 2019. See section 72, chapter 774, Oregon Laws 2015, as amended by section 14, chapter 682, Oregon Laws 2015, and section 20, chapter 763, Oregon Laws 2015. The text that is operative on and after June 30, 2019, is set forth for the user’s convenience.

      350.075. (1) As used in this section, “student access programs” means scholarship, loan, grant and access programs described in ORS chapter 348.

      (2) The Higher Education Coordinating Commission shall be guided by the legislative findings in ORS 341.009, 350.001 and 350.005 and the goals and mission of post-secondary education set forth in ORS 350.009 and 350.014.

      (3) The Higher Education Coordinating Commission shall:

      (a) Develop state goals for the state post-secondary education system, including community colleges and public universities listed in ORS 352.002, and for student access programs.

      (b) Determine strategic investments in the state’s community colleges, public universities and student access programs necessary to achieve state post-secondary education goals.

      (c) Coordinate the post-secondary elements of data collection and structure, with the advice and recommendation of the state’s independent institutions, community colleges and public universities, as appropriate, in order to construct a state longitudinal data system.

      (d) Adopt a strategic plan for achieving state post-secondary education goals, taking into consideration the contributions of this state’s independent institutions, philanthropic organizations and other organizations dedicated to helping Oregonians reach state goals. State post-secondary education goals as described in this section should include, but need not be limited to:

      (A) Increasing the educational attainment of the population;

      (B) Increasing this state’s global economic competitiveness and the quality of life of its residents;

      (C) Ensuring affordable access for qualified Oregon students at each college or public university;

      (D) Removing barriers to on-time completion; and

      (E) Tracking progress toward meeting the state’s post-secondary education goals established in the strategic plan described in this paragraph.

      (e)(A) Each biennium, after receiving funding requests from the state’s community colleges and public universities as authorized by law, recommend to the Governor a consolidated higher education budget request aligned with the strategic plan described in paragraph (d) of this subsection, including appropriations for:

      (i) Student access programs;

      (ii) Public universities listed in ORS 352.002, including but not limited to education and general operations, statewide public services and state-funded debt service;

      (iii) Community colleges, including but not limited to education and general operations and state-funded debt service;

      (iv) New facilities or programs;

      (v) Capital improvements and deferred maintenance; and

      (vi) Special initiatives and investments.

      (B) In the development of the consolidated higher education budget request:

      (i) Determine the costs necessary to provide quality post-secondary education;

      (ii) Solicit input from educators, education policy experts, appropriate legislative committees, students and other persons interested in the development of the funding model; and

      (iii) Solicit public input regarding educational priorities.

      (f) Adopt rules governing the distribution of appropriations from the Legislative Assembly to community colleges, public universities listed in ORS 352.002 and student access programs. These rules must be based on allocation formulas developed in consultation with the state’s community colleges and public universities, as appropriate.

      (g) Approve or disapprove any significant change to the academic program of a community college or a public university listed in ORS 352.002. In reaching a decision under this paragraph, the commission shall consider the recommendation from the community college or public university seeking to make the change to an academic program that is issued pursuant to the obligation of the governing board of a community college or public university to review and approve academic programs. The commission shall ensure that approved programs:

      (A) Are consistent with the mission statement of the community college or public university;

      (B) Do not unnecessarily duplicate academic programs offered by Oregon’s other community colleges or public universities;

      (C) Are not located in a geographic area that will cause undue hardship to Oregon’s other community colleges or public universities; and

      (D) Are allocated among Oregon’s community colleges and public universities to maximize the achievement of statewide needs and requirements.

      (h) For public universities listed in ORS 352.002:

      (A) Approve the mission statement adopted by a governing board of a public university.

      (B) Review and determine whether a proposed annual increase of resident undergraduate enrollment fees of greater than five percent is appropriate.

      (C) Advise the Governor and the Legislative Assembly on issues of university governance.

      (D) Approve and authorize degrees.

      (E) Perform the evaluation and certification required by ORS 350.095.

      (i) Authorize degrees to be offered by independent post-secondary institutions in this state under ORS 348.594 to 348.615.

      (j) Oversee the licensing of career schools under ORS 345.010 to 345.450.

      (k) Have the authority to enter into and administer interstate agreements regarding the provision of post-secondary distance education. The participation by an educational institution that is not based in this state in distance learning courses or programs that are part of an interstate agreement entered into and administered under this paragraph does not constitute operating in this state for purposes of ORS 348.594 to 348.615. The commission, by rule, may impose a fee on any educational institution that seeks to operate under or participate in such interstate agreements. The fee amount shall be established to recover designated expenses incurred by the commission in participating in such agreements.

      (4)(a) The Higher Education Coordinating Commission shall implement a process to resolve student complaints against any school operating in this state. As part of the process implemented under this subsection, the commission may:

      (A) Receive student complaints from students regarding a school;

      (B) Specify the type of information that must be included in a student complaint;

      (C) Investigate any student complaint filed against a school;

      (D) Establish a process to review and resolve student complaints against a school, including but not limited to reviewing school records, holding administrative hearings and issuing final orders;

      (E) Assess a fee to cover the costs of any proceeding brought under this subsection, including but not limited to the costs of an investigation or administrative hearing;

      (F) Require a school to make full or partial restitution to a student or to cease an act or practice that is challenged in a student complaint;

      (G) Adopt rules to implement the provisions of this subsection; and

      (H) Enter into agreements to implement the provisions of this subsection.

      (b) Any hearing held under this subsection is subject to the provisions of ORS chapter 183.

      (c) As used in this subsection:

      (A) “School” means a school that meets the requirements of ORS 348.597 (2)(d); and

      (B) “Student” means a person who is enrolled or accepted for enrollment at a school for the purpose of obtaining a degree, certificate or other recognized educational credential offered by that school.

      (5) In addition to the duties described in subsections (2) to (4) of this section, the Higher Education Coordinating Commission shall advise the Legislative Assembly, the Governor, community colleges, public universities and other state boards and commissions on policies in order to:

      (a) Ensure or improve access to higher education by diverse and underserved populations.

      (b) Encourage student success and completion initiatives.

      (c) Improve the coordination of the provision of educational services, including:

      (A) Transfers and coenrollment throughout the higher education system;

      (B) Accelerated college credit programs for high school students;

      (C) Applied baccalaureate and other transfer degrees;

      (D) Programs and grants that span multiple institutions; and

      (E) Reciprocity agreements with other states.

      (d) In coordination with the State Board of Education, enhance the use and quality of dual credit, career and technical pathways and efforts to create a culture of college attendance in this state.

      (e) In coordination with the State Workforce Investment Board, local workforce investment boards, the Oregon Health and Science University and independent institutions, ensure that the state’s colleges and universities offer programs in high-demand occupations that meet Oregon’s workforce needs.

      (f) Improve economies of scale by encouraging and facilitating the use of the shared services among post-secondary institutions in this state.

      (6) The Higher Education Coordinating Commission, in a manner consistent with ORS chapter 183, may adopt administrative rules.

      (7) With the exception of the rulemaking authority granted in subsection (6) of this section, the Higher Education Coordinating Commission may delegate any of its powers, duties or functions to a committee of the commission or to the executive director of the commission.

      (8) The Higher Education Coordinating Commission may establish technical or advisory committees to assist the commission in exercising its powers, duties and functions.

      (9) The Higher Education Coordinating Commission may exercise only powers, duties and functions expressly granted by the Legislative Assembly. Except as otherwise expressly provided by law, all other authorities reside at the institutional level with the respective boards of the post-secondary institutions.

 

      350.080 Ability of Higher Education Coordinating Commission to accept and deposit moneys or property and to apply for federal funds. The Higher Education Coordinating Commission may:

      (1) Consistent with the laws of this state, accept money or property not otherwise provided for under subsection (2) of this section that is donated for the use or benefit of community colleges and use such money or property for the purpose for which it was donated. Until it is used, the commission shall deposit any moneys received under this subsection in a special fund with the State Treasurer as provided in ORS 293.265 to 293.275.

      (2) Apply for federal funds and accept and enter into any contracts or agreements on behalf of this state for the receipt of such funds from the federal government or its agencies for:

      (a) Educational purposes;

      (b) Career and technical education programs at community colleges;

      (c) Adult education programs;

      (d) Workforce training programs; and

      (e) Any grants available to this state or its political subdivisions for general federal aid for community colleges and their auxiliary services, improvement of teacher preparation, teacher salaries, construction of school buildings, administration of the commission and any other educational activities under the jurisdiction of the commission. [Formerly 351.745]

 

      350.085 Mission statements and academic programs of public universities. The Higher Education Coordinating Commission shall:

      (1) Review all mission statements of the public universities listed in ORS 352.002; and

      (2) Approve all significant changes to academic programs offered at the public universities, and shall ensure that the changes:

      (a) Are consistent with the mission statement of the respective public university;

      (b) Do not unnecessarily duplicate academic programs offered by other public universities;

      (c) Are not located in a geographic area that will cause undue hardship to Oregon’s other public universities; and

      (d) Are allocated among the public universities to maximize the achievement of statewide needs and requirements. [Formerly 351.047]

 

(Temporary provisions relating to pilot programs, work groups and the Affordable Baccalaureate Degree Act)

 

      Note: Section 1, chapter 801, Oregon Laws 2015, provides:

      Sec. 1. (1)(a) The Higher Education Coordinating Commission shall solicit applications from public universities listed in ORS 352.002 to participate in a pilot program described in subsection (2) of this section.

      (b) From the public universities that submit an application under paragraph (a) of this subsection, the commission shall select one public university with less than 10,000 enrolled undergraduate students and one public university with 10,000 or more enrolled undergraduate students to participate in a pilot program described in subsection (2) of this section.

      (c) The commission shall select which public universities will participate in a pilot program based on the commission’s analysis of the following factors for each public university that submits an application under paragraph (a) of this subsection:

      (A) The cost-effectiveness of the proposal based on the proposed number of students expected to be served; and

      (B) The degree to which each university has demonstrated:

      (i) A commitment to providing career services as part of its student advising processes;

      (ii) The infrastructure necessary to effectively and efficiently fulfill the goals of the pilot program as set forth in subsection (2) of this section; and

      (iii) The ability to use the pilot program to assist students from traditionally underserved populations.

      (d) The commission shall select the two public universities that will participate in a pilot program by January 1, 2016.

      (2) Each university selected by the commission under subsection (1) of this section shall use moneys appropriated under section 2 of this 2015 Act to hire additional staff comprising one full-time equivalent. The staff hired under this subsection shall design and develop a pilot program for the university that:

      (a) Coordinates the opportunities for student career advising and mentorship available through the university’s:

      (A) Academic advising center;

      (B) Career services center; and

      (C) Alumni network or alumni foundations; and

      (b) Establishes a method for students who participate in the pilot program to engage in these opportunities for career advising and mentorship.

      (3) Each pilot program developed under subsection (2) of this section must be approved by the governing board of the university before it is implemented.

      (4) The commission and the public universities selected by the commission under subsection (1) of this section shall jointly:

      (a) Present a final program framework and implementation plan for the pilot programs in the manner provided by ORS 192.245 to the committees relating to higher education during the 2016 regular session of the Legislative Assembly; and

      (b) Present a progress report on the results of the pilot programs in the manner provided by ORS 192.245 to the committees relating to higher education during the 2017 regular session of the Legislative Assembly. [2015 c.801 §1]

 

      Note: Sections 1 and 2, chapter 743, Oregon Laws 2015, provide:

      Sec. 1. The Higher Education Coordinating Commission shall work with public universities listed in ORS 352.002 to develop effective solutions to address the problem of students who:

      (1) Enroll in a public university listed in ORS 352.002;

      (2) Successfully complete two or more years of coursework at the university; and

      (3) Leave the university without graduating and without any official recognition of their academic accomplishments. [2015 c.743 §1]

      Sec. 2. Section 1 of this 2015 Act is repealed on July 1, 2020. [2015 c.743 §2]

 

      Note: Sections 1 and 2, chapter 741, Oregon Laws 2015, provide:

      Sec. 1. (1) The Higher Education Coordinating Commission shall convene a work group to analyze and develop recommendations to address disparities in higher education within traditionally marginalized, underserved or underrepresented communities.

      (2) The work group established under subsection (1) of this section shall be composed of students, faculty, staff and administrators at public universities listed in ORS 352.002 and community colleges. The commission shall provide any staffing resources necessary for the work group to complete its analysis and recommendations.

      (3) The focus of the work group is on addressing through continuing education the disparities that currently exist in higher education for the following groups and subgroups:

      (a) People of color;

      (b) People with disabilities;

      (c) Individuals who are lesbian, gay, bisexual or transgender;

      (d) Nontraditional students;

      (e) First-generation college students;

      (f) Students who formerly served in the Armed Forces of the United States; and

      (g) People whose first language is not English.

      (4) The commission shall submit a report in the manner provided by ORS 192.245 detailing the analysis and recommendations required under this section to the interim legislative committees on higher education no later than June 30, 2016. [2015 c.741 §1]

      Sec. 2. Section 1 of this 2015 Act is repealed on December 31, 2017. [2015 c.741 §2]

 

      Note: Sections 2 and 3, chapter 132, Oregon Laws 2015, provide:

      Sec. 2. The Higher Education Coordinating Commission shall:

      (1) Convene a work group that includes representatives of students, community colleges and public universities listed in ORS 352.002 for the purposes of:

      (a) Assessing the information that is available to students to determine admission standards and identify the number of credits and the types of courses that fulfill baccalaureate degree requirements;

      (b) Determining the feasibility and cost to implement a transfer credit evaluation system that has data from all community colleges and public universities in this state and that may be used by students to determine which credits will transfer among the community colleges and public universities in this state; and

      (c) Determining how to implement best practices for providing students with the information described in paragraph (a) of this subsection and making students aware of the information available as described in paragraph (b) of this subsection.

      (2) Develop and initiate a research plan to analyze:

      (a) Which credits for an associate transfer degree are not applicable toward a baccalaureate degree;

      (b) Whether credits for an associate transfer degree that are not applicable toward a baccalaureate degree are considered to be elective credits; and

      (c) Why some credits for an associate transfer degree are not applicable toward a baccalaureate degree.

      (3) Submit a report no later than July 1, 2016, to the interim legislative committees on education that summarizes the results of the work group and the research plan and that may make recommendations for legislation. [2015 c.132 §2]

      Sec. 3. Section 2 of this 2015 Act is repealed on July 1, 2016. [2015 c.132 §3]

 

      Note: Sections 1 to 4, chapter 214, Oregon Laws 2015, provide:

      Sec. 1. Sections 2 and 3 of this 2015 Act shall be known as the Affordable Baccalaureate Degree Act. [2015 c.214 §1]

      Sec. 2. (1) Public universities listed in ORS 352.002 shall work toward developing and providing four-year baccalaureate degrees, or pathways to baccalaureate degrees, that are affordable and offered at a fixed cost that is significantly less than the cost of a traditional baccalaureate degree at the universities.

      (2) Community colleges shall assist public universities listed in ORS 352.002 in developing the fixed-cost baccalaureate degrees described in subsection (1) of this section by developing streamlined transfer and dual enrollment programs that have the potential to reduce the cost of higher education in this state.

      (3) Affordable four-year baccalaureate degree programs developed under this section must meet the same educational and accreditation standards as other baccalaureate degree programs offered by the universities and must be capable of being approved by the governing boards of the public universities and by the Higher Education Coordinating Commission under ORS 351.047. [2015 c.214 §2]

      Sec. 3. (1) The Higher Education Coordinating Commission shall conduct a detailed analysis of the options available to provide, and the feasibility of public universities listed in ORS 352.002 offering, affordable baccalaureate degrees as described in section 2 of this 2015 Act.

      (2) In addition to any other factors considered relevant by the commission, the analysis required under subsection (1) of this section must include an examination of:

      (a) The potential use of college credits earned by students while in high school;

      (b) The transfer of community college credits;

      (c) The potential use of courses offered through the Internet, including massive open online courses (MOOCs);

      (d) The potential use of state funds or other incentives that may ensure that affordable baccalaureate degrees are available; and

      (e) The ways in which Oregon’s post-secondary education institutions use accelerated college credits, community college transfer credits and courses offered through the Internet, including MOOCs, to reduce tuition costs, and the effectiveness of these practices.

      (3) The commission shall submit a report in the manner provided by ORS 192.245 describing the analysis conducted as required under this section, and the commission’s findings, to the legislative committees on higher education during the 2016 regular session of the Legislative Assembly. [2015 c.214 §3]

      Sec. 4. Sections 1, 2 and 3 of this 2015 Act are repealed on July 1, 2016. [2015 c.214 §4]

 

      350.090 Biennial funding request. (1)(a) On or before April 1 of each even-numbered year, each public university listed in ORS 352.002 must submit to an office designated by the Higher Education Coordinating Commission as being responsible for university coordination a funding request applicable to the biennium beginning on July 1 of the following year; and

      (b) On or before May 1 of each even-numbered year, the office designated under paragraph (a) of this subsection shall consolidate the funding requests from public universities listed in ORS 352.002 and submit the consolidated funding requests to the Higher Education Coordinating Commission.

      (2) On or before September 1 of each even-numbered year, the Higher Education Coordinating Commission shall submit a funding request to the Governor on behalf of all the public universities listed in ORS 352.002.

      (3) The Governor’s biennial budget submitted to the Legislative Assembly may include the Higher Education Coordinating Commission’s funding request for public universities listed in ORS 352.002. Any funding request approved by the Legislative Assembly must specify that the moneys be appropriated to the Higher Education Coordinating Commission for allocation to the public universities listed in ORS 352.002. [Formerly 351.052]

 

      350.095 Budgetary items in funding request; allocation of funds; certification of revenue sufficiency. (1) The Higher Education Coordinating Commission is authorized to:

      (a) Request, as part of the funding request under ORS 350.090, appropriations for budgetary items, including but not limited to education and general operations, statewide public services, state funded debt service, capital improvements, deferred maintenance, special initiatives and investments; and

      (b) Allocate moneys, from funds appropriated to the commission and other available moneys, to public universities listed in ORS 352.002.

      (2) The commission shall certify to the Legislative Assembly, in any funding request pursuant to subsection (1)(a) of this section for state bonds under Article XI-F(1) of the Oregon Constitution for the benefit of a public university listed in ORS 352.002, its evaluation of the revenue sufficiency, as defined in ORS 286A.830, of the public university that will receive the proceeds of any Article XI-F(1) bonds approved by the Legislative Assembly. [Formerly 351.054]

 

      350.100 Implementation of diverse educator recruitment plans. (1) The Higher Education Coordinating Commission and the Chief Education Office shall ensure the implementation of the plans developed under ORS 342.447 for recruitment of diverse educators.

      (2) The commission and the office shall report biennially to the Legislative Assembly on the implementation and results of the plans. The report may include recommendations on ways in which the Legislative Assembly can assist in increasing the number of diverse educators. [Formerly 351.077]

 

      Note: The amendments to 350.100 (formerly 351.077) by section 75a, chapter 774, Oregon Laws 2015, become operative June 30, 2019. See section 72, chapter 774, Oregon Laws 2015, as amended by section 14, chapter 682, Oregon Laws 2015, and section 20, chapter 763, Oregon Laws 2015. The text that is operative on and after June 30, 2019, is set forth for the user’s convenience.

      350.100. (1) The Higher Education Coordinating Commission shall ensure the implementation of the plans developed under ORS 342.447 for recruitment of diverse educators.

      (2) The commission shall report biennially to the Legislative Assembly on the implementation and results of the plans. The report may include recommendations on ways in which the Legislative Assembly can assist in increasing the number of diverse educators.

 

      350.105 Report on capital construction projects. No later than March 1 of each odd-numbered year, the Higher Education Coordinating Commission shall submit a report to the Legislative Assembly concerning the status of all previously approved capital construction projects that have not been completed or have been completed within the preceding 24-month period. The report shall include the project title, funding sources, the amount of the original appropriation or expenditure limitation, the amount of unexpected funds, the construction status and the anticipated completion date. [Formerly 351.165]

 

      350.110 Coordination between Higher Education Coordinating Commission, public universities, community college districts and independent for-profit and not-for-profit institutions of higher education; common goals; advisory committee; annual reporting. (1) The Higher Education Coordinating Commission shall work with public universities listed in ORS 352.002, community college districts and independent for-profit and not-for-profit institutions of higher education to carry out the following goals:

      (a) Increase the number of students who receive academic credit for prior learning and the number of students who receive academic credit for prior learning that counts toward their major or toward earning their degree, certificate or credential, while ensuring that credit is awarded only for high quality course-level competencies;

      (b) Increase the number and type of academic credits accepted for prior learning in institutions of higher education, while ensuring that credit is awarded only for high quality course-level competencies;

      (c) Develop transparent policies and practices in awarding academic credit for prior learning to be adopted by the governing boards of public universities, community colleges and independent institutions of higher education;

      (d) Improve prior learning assessment practices across all institutions of higher education;

      (e) Create tools to develop faculty and staff knowledge and expertise in awarding academic credit for prior learning and to share exemplary policies and practices among institutions of higher education;

      (f) Develop articulation agreements when patterns of academic credit for prior learning are identified for particular programs and pathways; and

      (g) Develop outcome measures to track progress on the goals outlined in this section.

      (2) The Higher Education Coordinating Commission shall appoint an advisory committee to coordinate implementation of the goals in subsection (1) of this section. The committee shall include:

      (a) A member representing public universities in this state.

      (b) A member representing community colleges in this state.

      (c) A member representing independent not-for-profit institutions of higher education located in this state.

      (d) A member representing for-profit institutions of higher education offering degree programs to students in this state.

      (e) A member representing the business community.

      (f) A member representing the labor community.

      (g) A member who is a student at a two-year or four-year institution of higher education located in this state.

      (h) Other members appointed by the Higher Education Coordinating Commission based upon a demonstrated interest in and knowledge of prior learning programs.

      (3) The Higher Education Coordinating Commission shall submit an annual report to the Legislative Assembly no later than December 31 of each calendar year, in the manner prescribed by ORS 192.245, reporting on progress toward meeting the goals set forth in subsection (1) of this section.

      (4) For the purposes of this section, “prior learning” means the knowledge and skills gained through work and life experience, through military training and experience and through formal and informal education and training from institutions of higher education in the United States and in other nations. [Formerly 351.751]

 

      350.115 Regional services institutes; general program; location. (1) The Higher Education Coordinating Commission shall cause to have prepared and submitted to the Legislative Assembly a program and time schedule for the establishment of regional services institutes at appropriate public universities. The program shall include academic curriculum and practical training appropriate to train students in various aspects of economic and community services planning, with particular emphasis on economic services planning for areas of the state that have common geographic, economic and social characteristics but that do not have sufficient population to qualify as metropolitan statistical areas.

      (2) In carrying out its duties under subsection (1) of this section, the commission shall consult with the Oregon Business Development Department and shall rely on the department for technical advice and, as necessary, technical services. The commission shall also consult with community colleges, the Oregon State University Extension Service, economic development districts and special districts providing community and economic development services in the region in order to prepare curriculum and programs with particular emphasis on streamlining existing programs, avoiding duplication and overlap of programs, better utilizing students and resources and identifying needs in the region that are currently unaddressed.

      (3) In preparing programs for establishing regional services institutes, the commission shall give priority to establishing institutes at Eastern Oregon University and Southern Oregon University. [Formerly 352.390]

 

      350.120 Program purpose and function. Programs prepared under ORS 350.115 shall include proposals for training students and utilizing resources in the following, using the region in which the institute is located as the training area:

      (1) Developing specific resources on the campus where the institute is to be located to assist with orderly and balanced economic and community services and for the development and implementation of training and assistance programs;

      (2) Providing technical and research assistance on request to political subdivisions, special districts, businesses located in the region and businesses which might prospectively locate in the region;

      (3) Locating markets for local manufacturers and processors and aiding local merchants in locating and contacting markets;

      (4) Investigating and studying conditions affecting local business, industry and commerce and collecting and disseminating information, and engaging in technical studies, scientific investigations, and statistical research and educational activities necessary or useful for the promoting and developing local business and industry upon request of local business and industry for such aid;

      (5) Assembling and coordinating information relative to the status, scope, cost and employment possibilities and the availability of materials, equipment and labor in connection with public works projects, state, county and municipal; recommending limitations on public works; gathering current progress information with respect to public works being conducted in the local area and report such information to the Oregon Business Development Commission where such sources in the region do not presently exist;

      (6) Gathering, compiling and making available statistical information relating to business, trade, commerce, industry, transportation, communication, natural resources and other related subjects in the region, with reliance on other agencies of the state and the region, whether public or private, for statistical data and results obtained by them;

      (7) Publishing, disseminating and distributing information and statistics acquired by the institute;

      (8) Aiding the communities in the region in getting businesses to locate therein by disseminating information as to natural resources, desirable locations and other advantages of the community upon request of the community for such aid;

      (9) Cooperating with municipal, county, regional and other planning agencies and planning groups within the state for the purpose of promoting coordination between the state and localities as to plans and development in order to maintain a high level of gainful employment in private profitable production and achieve commensurate advancement in social and cultural welfare; and

      (10) Aiding in coordinating the activities of statewide and local planning agencies, correlating information secured from them, assisting in problem solving and resolving state department concerns on a regional level if appropriate, securing and disseminating information and suggestions to such planning agencies; and encouraging and assisting in the organization and functioning of local planning agencies where none exist. [Formerly 352.400]

(Office of Community Colleges and Workforce Development)

 

      350.150 Office to function under Higher Education Coordinating Commission; rules. (1) The Office of Community Colleges and Workforce Development is established within the Higher Education Coordinating Commission. The office shall function under the direction and control of the commission, with the Director of the Office of Community Colleges and Workforce Development serving as an administrative officer for community college matters.

      (2) Except as provided in subsection (3) of this section, the commission may adopt any rules necessary for the effective and efficient administration of the office or for the administration of laws that the office is charged with administering.

      (3) The commission, in consultation with the office and the Education and Workforce Policy Advisor and pursuant to ORS chapter 183, may adopt any rules necessary for the administration of laws related to the federal Workforce Investment Act that the office is charged with administering. [Formerly 351.755]

 

      350.155 Office of Community Colleges and Workforce Development Account. (1) The Office of Community Colleges and Workforce Development Account is established in the State Treasury, separate and distinct from the General Fund. Except for moneys otherwise designated by statute, all fees, assessments and other moneys received by the Office of Community Colleges and Workforce Development shall be deposited into the State Treasury and credited to the account. All moneys in the account are continuously appropriated to the Higher Education Coordinating Commission for purposes authorized by law.

      (2) The office may accept gifts, grants and donations from any source to carry out the duties imposed upon the office. Moneys received under this subsection shall be paid into the account.

      (3) The office shall keep a record of all moneys deposited into the account. The record shall indicate by separate cumulative subaccounts the sources from which the moneys are derived and the individual activity or program against which each withdrawal is charged.

      (4) Disbursements from the account shall be made as directed by the Higher Education Coordinating Commission. [Formerly 351.758]

 

      350.160 Director of the Office of Community Colleges and Workforce Development. (1) The executive director of the Higher Education Coordinating Commission shall appoint a Director of the Office of Community Colleges and Workforce Development who shall serve at the pleasure of the executive director.

      (2) The director shall be a person who by training and experience is well qualified to perform the duties of the office and to assist in carrying out the functions of the Higher Education Coordinating Commission under this section and ORS 341.015, 341.440, 341.455, 341.626, 341.655 and 341.933.

      (3) The director shall:

      (a) Be the executive head of the Office of Community Colleges and Workforce Development.

      (b) Direct and supervise all activities of the Office of Community Colleges and Workforce Development.

      (c) Hire staff, as authorized by the executive director of the Higher Education Coordinating Commission to assist in carrying out the duties of the director. The staff shall be considered employees of the Office of Community Colleges and Workforce Development for purposes of ORS chapters 240 and 243.

      (d) Be responsible directly to the executive director of the Higher Education Coordinating Commission for those duties enumerated in ORS chapter 341.

      (4) The director, with approval of the executive director of the Higher Education Coordinating Commission, shall be responsible for the representation of community college interests to the Governor, the Legislative Assembly, state agencies and others.

      (5) The executive director of the Higher Education Coordinating Commission shall be responsible for submitting community college budget requests and budget reports for the Office of Community Colleges and Workforce Development to the Legislative Assembly. The Higher Education Coordinating Commission shall ensure that the budget request for community colleges and for the Office of Community Colleges and Workforce Development are separate and distinct from the commission’s other requests to the Legislative Assembly. [Formerly 351.762]

 

      350.165 Advanced Technology Education and Training Fund. The Advanced Technology Education and Training Fund is established in the State Treasury, separate and distinct from the General Fund. Moneys in the Advanced Technology Education and Training Fund are continuously appropriated to the Higher Education Coordinating Commission for the purpose of making grants and loans for the provision of advanced technology education and training opportunities under ORS 350.170. [Formerly 351.764]

 

      350.170 Advanced technology education and training grants and loans; rules. (1) The Higher Education Coordinating Commission shall establish by rule a process for making grants or loans to public-private partnerships to provide advanced technology education and training opportunities. The purpose of the grants and loans is to support the development and implementation of public-private partnerships to provide advanced technology education and training opportunities in all business and industry sectors for individuals in communities throughout Oregon. The partnerships shall be between public and private entities and may include joint ventures among business and industry, school districts, education service districts, eligible post-secondary institutions as defined in ORS 348.180 and public bodies as defined in ORS 174.109.

      (2) A public-private partnership that receives a grant or loan under this section must provide advanced technology education and training opportunities that:

      (a) Address current and future workforce development needs dictated by Oregon’s rapidly changing economy;

      (b) Facilitate sustainable and dynamic economic development in communities by creating flexible opportunities for workforce development;

      (c) Establish results oriented, collaborative investments of public and private resources in communities throughout Oregon;

      (d) Ensure that Oregon’s capacity for economic growth and vitality is not limited by a lack of opportunities for workforce development; and

      (e) Provide support to existing community efforts to establish innovative strategies for delivering advanced technology education and training.

      (3) The process established by the commission for making grants and loans shall ensure that:

      (a) Local communities are informed about the availability of the grants and loans;

      (b) Advanced technology education and training projects are geographically distributed throughout Oregon;

      (c) There is equal opportunity for urban and rural access to quality education and training opportunities;

      (d) Representatives of related, ongoing community efforts assist in the implementation of advanced technology education and training projects; and

      (e) Procedures and timelines are designed to minimize barriers to receiving funds.

      (4) When considering applications for grants and loans, the Office of Community Colleges and Workforce Development shall give priority to advanced technology education and training projects that:

      (a) Provide or increase access for individuals to advanced technology education and training through the efforts of local and regional career centers and partnerships and distance education technology available locally and regionally;

      (b) In combination with other projects receiving funds, contribute to advanced technology education and training opportunities in every part of the state;

      (c) Use federal funds;

      (d) Have widespread community support as evidenced by a memorandum of agreement or similar documentation;

      (e) Represent an effective sharing of resources through public-private partnerships among business and industry, school districts, education service districts, eligible post-secondary institutions as defined in ORS 348.180 and public bodies as defined in ORS 174.109;

      (f) Have a long-term strategic plan and lack only the necessary financial resources;

      (g) Provide state-of-the-art technology that meets current standards of business and industry and addresses local and regional economic development priorities;

      (h) Help individuals connect education and training with career planning and job opportunities through local and regional career centers as implemented under the federal Workforce Investment Act;

      (i) Provide articulated education programs that lead to a degree or an industry-specific skills certification; and

      (j) Establish short-term training programs that meet the immediate needs of local employers in their communities.

      (5)(a) A public-private partnership awarded a grant or loan under this section shall use the grant or loan for any of the following:

      (A) Infrastructure construction or reconstruction.

      (B) Equipment or technology purchases.

      (C) Curriculum development.

      (D) Expansion or revision of a current project to increase the capacity of the project, alter the project plan, change the members of the partnership or address education or employment deficiencies in the community served by the public-private partnership.

      (b) A grant or loan awarded under this section for the purpose described in paragraph (a)(D) of this subsection may not exceed $25,000.

      (6) The application for a grant or loan under this section shall include:

      (a) The names of the members of the public-private partnership;

      (b) A description of standards used to assess the performance of the project;

      (c) An estimate of the number of individuals who will be served by the project;

      (d) The name of the fiscal agent of the public-private partnership;

      (e) A project plan covering at least the first two years after receipt of a grant or loan; and

      (f) The name of the person who will be responsible for convening the public-private partnership on a regular basis.

      (7) The commission may accept contributions of funds and assistance from the United States Government or its agencies or from any other source, public or private, and agree to conditions placed on the funds not inconsistent with the purposes of this section.

      (8) Any moneys received by the commission through repayment of a loan awarded under this section, or received by the commission under subsection (7) of this section, shall be deposited by the commission in the Advanced Technology Education and Training Fund established under ORS 350.165. [Formerly 351.766]

 

      350.175 General Educational Development (GED) certificates; rules; fees. (1) The Director of the Office of Community Colleges and Workforce Development may issue General Educational Development (GED) certificates to persons who demonstrate satisfactory performance in tests prescribed under subsection (2) of this section or meet the requirements of any prescribed evaluative procedure.

      (2) The Higher Education Coordinating Commission by rule may prescribe tests and other appropriate evaluation procedures for the purposes of subsection (1) of this section and may establish age, residence and other relevant qualifications for applicants.

      (3) The Office of Community Colleges and Workforce Development may utilize its personnel and facilities for the administration of this section, and the commission may establish by rule a nonrefundable application fee. The fee may be waived by the commission in case of hardship.

      (4) Subject to prior approval of the Oregon Department of Administrative Services and a report to the Emergency Board prior to adopting the fee, the fee established under subsection (3) of this section shall not exceed the cost of administering the program, as authorized by the Legislative Assembly within the office’s budget, as the budget may be modified by the Emergency Board.

      (5) All moneys received under this section shall be deposited in the State Treasury to the credit of the Office of Community Colleges and Workforce Development and shall be used exclusively for administration of this section. The Office of Community Colleges and Workforce Development shall keep a record of all moneys deposited in such account. The record shall indicate by separate cumulative accounts the source from which the moneys are derived and the individual activity against which each withdrawal is charged.

      (6) The Director of the Office of Community Colleges and Workforce Development shall consult with the Superintendent of Public Instruction on all matters related to evaluation procedures used to measure equivalent achievement under this section. The superintendent is authorized to make independent recommendations on evaluation procedures to the office in those cases where the superintendent’s judgment differs from that of the director. [Formerly 351.768]

 

STUDENT POLICIES

 

(Generally)

 

      350.250 Students unable because of religious beliefs to attend classes on certain days. (1) As used in this section, “school of higher education” means:

      (a) Any public university listed in ORS 352.002.

      (b) Any community college as defined in ORS 341.005.

      (2) No student shall be refused admission to a school of higher education or be expelled from such a school for the sole reason that, because of religious beliefs, the student is unable to attend classes on a particular day.

      (3) Any student in a school of higher education who, because of religious beliefs, is unable to attend classes on a particular day shall be excused on that day from any examination, study requirement or work requirement. However, at the student’s own expense the student shall make up the examination, study requirement or work requirement missed because of the absence. [Formerly 352.370]

 

      350.255 Written sexual assault protocol; content. (1) Each public university listed in ORS 352.002, community college and Oregon-based private university or college shall adopt a written protocol to ensure that victims of sexual assault receive necessary services and assistance in situations where:

      (a) The alleged victim of the sexual assault is a student at the university or college and the alleged sexual assault occurred on the grounds or at the facilities of the university or college; or

      (b) The alleged perpetrator of the sexual assault is a student at the university or college, or a member of the faculty or staff of the university or college, regardless of where the alleged sexual assault occurred.

      (2) A written protocol adopted under subsection (1) of this section must ensure that each victim who reports a sexual assault is provided with a written notification setting forth:

      (a) The victim’s rights;

      (b) Information about what legal options are available to the victim, including but not limited to:

      (A) The various civil and criminal options the victim may pursue following an assault; and

      (B) Any campus-based disciplinary processes the victim may pursue;

      (c) Information about campus-based services available to the victim;

      (d) Information about the victim’s privacy rights, including but not limited to information about the limitations of privacy that exist if the victim visits a campus health or counseling center; and

      (e) Information about and contact information for state and community-based services and resources that are available to victims of sexual assault.

      (3) A written notification provided under subsection (2) of this section must:

      (a) Be written in plain language that is easy to understand;

      (b) Use print that is of a color, size and font that allow the notification to be easily read; and

      (c) Be made available to students:

      (A) When a sexual assault is reported;

      (B) During student orientation; and

      (C) On the Internet website of the university or college. [2015 c.398 §1]

 

      Note: 350.225 first applies to the 2016-2017 academic year. See section 2, chapter 398, Oregon Laws 2015.

 

      350.260 Student journalists; student expression; civil action. (1) For the purposes of this section:

      (a) “Public institution of higher education” means:

      (A) A community college;

      (B) A public university listed in ORS 352.002; and

      (C) The Oregon Health and Science University.

      (b) “School-sponsored media” means materials that are prepared, substantially written, published or broadcast by student journalists, that are distributed or generally made available, either free of charge or for a fee, to members of the student body and that are prepared under the direction of a student media adviser. “School-sponsored media” does not include media intended for distribution or transmission solely in the classrooms in which they are produced.

      (c) “Student journalist” means a student who gathers, compiles, writes, edits, photographs, records or prepares information for dissemination in school-sponsored media.

      (d) “Student media adviser” means a person who is employed, appointed or designated by a public institution of higher education to supervise, or provide instruction relating to, school-sponsored media.

      (2) Student journalists are responsible for determining the news, opinion, feature and advertising content of school-sponsored media. This subsection does not prevent a student media adviser from teaching professional standards of English and journalism to the student journalists.

      (3) Nothing in this section may be interpreted to authorize expression by students that:

      (a) Is libelous or slanderous;

      (b) Constitutes an unwarranted invasion of privacy;

      (c) Violates federal or state statutes, rules or regulations or state common law; or

      (d) So incites students as to create a clear and present danger of:

      (A) The commission of unlawful acts on or off school premises;

      (B) The violation of school policies; or

      (C) The material and substantial disruption of the orderly operation of the school. A school official must base a forecast of material and substantial disruption on specific facts, including past experience in the school and current events influencing student behavior, and not on undifferentiated fear or apprehension.

      (4) Any student enrolled in a public institution of higher education may commence a civil action to obtain damages under this subsection and appropriate injunctive or declaratory relief as determined by a court for a violation of subsection (2) of this section, the First Amendment to the United States Constitution or section 8, Article I of the Oregon Constitution. Upon a motion, a court may award $100 in damages and injunctive and declaratory relief to a prevailing plaintiff in a civil action brought under this subsection. [Formerly 351.649]

 

      350.265 Armed Forces recruitment on campuses; standards. (1) As used in this section, “institution of higher education” means:

      (a) A public university listed in ORS 352.002;

      (b) A community college operated under ORS chapter 341; or

      (c) The Oregon Health and Science University.

      (2) An institution of higher education shall allow members and agents of the Armed Forces of the United States to recruit on a public campus and shall set standards for such recruitment that are the same as for all other employment recruitment activities allowed on the campus. [Formerly 351.296]

 

      350.270 Priority enrollment system for active or former member of Armed Forces or qualified dependent of former member; conditions. (1) As used in this section:

      (a) “Active member of the Armed Forces of the United States” and “Armed Forces of the United States” have the meaning given those terms in ORS 352.313.

      (b) “Community college” has the meaning given that term in ORS 341.005.

      (c) “Qualified student” means a student who:

      (A) Is an active member of the Armed Forces of the United States or served in the Armed Forces of the United States;

      (B) If a former member of the Armed Forces of the United States, was relieved or discharged from that service with either an honorable discharge or a general discharge under honorable conditions; or

      (C) Is a student who receives veterans’ educational benefits as a federally qualified dependent of a person described in subparagraph (B) of this paragraph.

      (2) Subject to subsection (4) of this section, a public university listed in ORS 352.002 shall establish a priority enrollment system by which a qualified student is prioritized over nonqualified students for registration for enrollment at the public university.

      (3) A community college that has established a priority enrollment system is subject to subsection (4) of this section.

      (4) A priority enrollment system established pursuant to this section must, at a minimum, provide that a qualified student who has completed new student orientation requirements for enrollment has priority registration for enrollment over:

      (a) Qualified students who have not completed new student orientation requirements for enrollment; and

      (b) Persons who are not qualified students and who are registering for the first time for enrollment at a community college or public university listed in ORS 352.002. [2015 c.371 §1]

 

      Note: 350.270 applies only to qualified students applying as new or continuing students for enrollment at a community college or a public university on or after September 15, 2016. See section 2, chapter 371, Oregon Laws 2015.

 

(Social Media)

 

      350.272 Prohibited actions related to access to personal social media accounts. (1) A public or private educational institution may not:

      (a) Require, request or otherwise compel a student or prospective student to disclose or to provide access to a personal social media account through the student’s or prospective student’s user name and password, password or other means of authentication that provides access.

      (b) Require, request or otherwise compel a student or prospective student to access a personal social media account in the presence of an administrator or other employee of the educational institution in a manner that enables the administrator or employee to observe the contents of the personal social media account.

      (c) Take, or threaten to take, any action to discipline or to prohibit from participation in curricular or extracurricular activities a student or prospective student for refusal to disclose the information or take actions specified in paragraph (a) or (b) of this subsection.

      (d) Fail or refuse to admit a prospective student as a result of the refusal by the prospective student to disclose the information or take actions specified in paragraph (a) or (b) of this subsection.

      (2) Nothing in this section prohibits an educational institution from:

      (a) Conducting an investigation, for the purpose of ensuring compliance with applicable law, regulatory requirements or prohibitions against student misconduct, that is based on the receipt of specific information about activity associated with a personal social media account.

      (b) Conducting an investigation authorized under paragraph (a) of this subsection that requires the student to share specific content on a social media account with the educational institution in order for the educational institution to make a factual determination about that content. Student cooperation required under this paragraph does not include providing the student’s user name and password, password or other means of authentication that provides access to the student’s personal social media account to the educational institution.

      (c) Revoking a student’s access, in whole or in part, to equipment or computer networks owned or operated by the educational institution.

      (3) An educational institution is not liable for obtaining the user name and password, password or other means of authentication that provides access to a student’s social media account through the application of the educational institution’s policies governing the use of university equipment or computer networks owned or operated by the educational institution. However, the educational institution may not use the information obtained without the voluntary consent of the student.

      (4) Nothing in this section applies to social media accounts intended for use solely for educational purposes at an educational institution or to social media accounts that are created by the educational institution and provided to the student if the student has been provided advance notice that the account may be monitored at any time by the educational institution.

      (5) As used in this section:

      (a) “Educational institution” means an institution that offers participants, students or trainees an organized course of study or training that is academic, technical, trade-oriented or preparatory for gainful employment in a recognized occupation. “Educational institution” includes, but is not limited to, community colleges and the public universities listed in ORS 352.002 but does not include kindergarten, elementary or secondary schools.

      (b) “Social media” means an electronic medium that allows users to create, share and view user-generated content, including, but not limited to, uploading or downloading videos, still photographs, blogs, video blogs, podcasts, instant messages, electronic mail or Internet website profiles or locations. [Formerly 326.551]

 

      350.274 Cause of action for violation of ORS 350.272. (1) Any person claiming to be aggrieved by a violation of ORS 350.272 may file a civil action in circuit court for equitable relief or, subject to the terms and conditions of ORS 30.265 to 30.300, damages, or both. The court may order such other relief as may be appropriate. Damages shall be $200 or actual damages, whichever is greater.

      (2) The action authorized by this section shall be filed within one year of the filing of a grievance.

      (3) An action under this section may not be filed unless, within 180 days of the alleged violation, a grievance has been filed with the governing body of the educational institution against which the violation is alleged.

      (4) An action under this section may not be filed until 90 days after filing a grievance unless only injunctive relief is sought pursuant to ORCP 79. The right to temporary or preliminary injunctive relief shall be independent of the right to pursue any administrative remedy available to complainants.

      (5) An action under this section may not be filed if the governing body of the educational institution has obtained a conciliation agreement with the person filing the grievance or if a final determination of the grievance has been made except as provided in ORS 183.480.

      (6) Notwithstanding the filing of a grievance pursuant to subsection (3) of this section, a person seeking to maintain an action under this section against a public educational institution shall also file a notice of claim within 180 days of the alleged violation in the manner provided by ORS 30.275.

      (7) The court shall award reasonable attorney fees to a prevailing plaintiff in any action under this section. The court may award reasonable attorney fees and expert witness fees incurred by a defendant who prevails in the action if the court determines that the plaintiff had no objectively reasonable basis for asserting a claim or no objectively reasonable basis for appealing an adverse decision of a trial court. [Formerly 326.554]

 

(Disclosure of Social Security Numbers)

 

      350.276 Definitions for ORS 350.278 and 350.280. As used in ORS 350.278 and 350.280:

      (1) “Disclose” means to make available for review by another person.

      (2) “Law enforcement agency” has the meaning given that term in ORS 181A.010.

      (3) “Wages” has the meaning given that term in ORS 652.210. [Formerly 326.585]

 

      350.278 Disclosure of Social Security number of student attending public university. (1) A public university listed in ORS 352.002 may not disclose the Social Security number of a student who is attending the public university.

      (2) Subsection (1) of this section does not apply if the public university discloses the Social Security number:

      (a) At the request of a law enforcement agency or an agency providing support enforcement services under ORS 25.080;

      (b) After obtaining written permission for the disclosure from the student to whom the number refers;

      (c) In the payment of wages or benefits;

      (d) In the payment or collection of taxes or of a debt owed by the student to whom the number refers; or

      (e) For purposes of statistical analysis. [Formerly 326.587]

 

      350.280 Disclosure of Social Security number of community college student. (1) A community college as defined in ORS 341.005 may not disclose the Social Security number of a student who is attending the college.

      (2) Subsection (1) of this section does not apply if the college discloses the Social Security number:

      (a) At the request of a law enforcement agency or an agency providing support enforcement services under ORS 25.080;

      (b) After obtaining written permission for the disclosure from the student to whom the number refers;

      (c) In the payment of wages or benefits;

      (d) In the payment or collection of taxes or of a debt owed by the student to whom the number refers; or

      (e) For purposes of statistical analysis. [Formerly 326.589]

 

      350.282 Action for disclosure of Social Security number. (1) A student who suffers an ascertainable loss of money, personal property or real property as a result of a violation of ORS 350.278 or 350.280 may bring an action in a circuit court to recover the student’s actual damages.

      (2) The court may award reasonable attorney fees to the party that prevails in an action on a claim under this section. [Formerly 326.591]

 

(Tuition)

 

      350.285 Waiver of tuition for family members of deceased or disabled veterans or children of Purple Heart recipients. (1) As used in this section:

      (a) “Child” means a child, adopted child or stepchild of either a service member or a Purple Heart recipient.

      (b) “Eligible post-secondary institution” means:

      (A) A public university listed in ORS 352.002; and

      (B) The Oregon Health and Science University.

      (c) “Purple Heart recipient” means a person, alive or deceased, who:

      (A) Was relieved or discharged from service in the Armed Forces of the United States with either an honorable discharge or a general discharge under honorable conditions; and

      (B) Was awarded the Purple Heart in 2001 or thereafter for wounds received in combat.

      (d) “Qualified student” means a child, a spouse or an unremarried surviving spouse of a service member or a child of a Purple Heart recipient.

      (e) “Service member” means a person who:

      (A) As a member of the Armed Forces of the United States, died on active duty;

      (B) As a member of the Armed Forces of the United States, died as a result of a military service connected disability; or

      (C) Is 100 percent disabled as the result of a military service connected disability, as certified by the United States Department of Veterans Affairs or any branch of the Armed Forces of the United States.

      (2) Subject to subsections (3) to (7) of this section, an eligible post-secondary institution shall waive tuition for a qualified student for courses that may lead to a baccalaureate degree or a master’s degree. A qualified student who received a tuition waiver for a baccalaureate degree may also qualify for a tuition waiver for a master’s degree.

      (3)(a) The maximum waiver granted under this section shall be as follows:

      (A) For a baccalaureate degree, the total number of credit hours that equals four years of full-time attendance at an eligible post-secondary institution.

      (B) For a master’s degree, the total number of credit hours that equals two years of full-time attendance at an eligible post-secondary institution.

      (b) Notwithstanding paragraph (a) of this subsection, a waiver may not exceed the total number of credit hours the qualified student needs to graduate with a baccalaureate degree or a master’s degree.

      (4) A waiver may be granted under this section only for credit hours for courses that are offered by an eligible post-secondary institution and are available for enrollment.

      (5) A qualified student may receive a waiver under this section if the student:

      (a) At the time of application for a waiver, is considered a resident of this state for the purpose of determining tuition to be paid at an eligible post-secondary institution; and

      (b) Has been admitted to an eligible post-secondary institution for a baccalaureate degree program or has been admitted to a master’s degree program at an eligible post-secondary institution.

      (6)(a) A child who applies for a waiver under this section must be 23 years of age or younger at the time the child applies for a waiver.

      (b) Notwithstanding paragraph (a) of this subsection, a child who is older than 23 years of age is eligible for a waiver for a master’s degree if the child:

      (A) Applied for and received a waiver for a baccalaureate degree when the child was 23 years of age or younger; and

      (B) Applied for a waiver for a master’s degree within 12 months of receiving a baccalaureate degree.

      (7)(a) The amount of tuition waived under this section may be reduced by the amount of any federal aid scholarships or grants, awards from the Oregon Opportunity Grant program established under ORS 348.205, or any other aid from the eligible post-secondary institution, received by the qualified student.

      (b) The amount of tuition waived under this section may not be reduced by the amount of any Survivors’ and Dependents’ Educational Assistance under 38 U.S.C. chapter 35 paid to a qualified student. [Formerly 351.656]

 

      350.290 Resident tuition and fees for nonresident students who served in Armed Forces or international position. (1) A public university listed in ORS 352.002 or a community college shall charge an enrolled student who is not a resident of this state and who is attending classes as an undergraduate or graduate student on a public university or community college campus in this state tuition and fees no greater than the resident rate if the student:

      (a)(A) Served in the Armed Forces of the United States;

      (B) Was relieved or discharged from that service with either an honorable discharge or a general discharge under honorable conditions; and

      (C) Provides proof that the student has established a physical presence in Oregon within 12 months of being enrolled at the public university or community college;

      (b) Was a resident of Oregon who left the state within the previous five years in order to serve, and who subsequently served, in the Armed Forces of the United States or in an international position with the state, federal government or a humanitarian aid organization; or

      (c)(A) Was a resident of Oregon who left the state more than five years ago in order to serve, and who subsequently served, in the Armed Forces of the United States or in an international position with the state, federal government or a humanitarian aid organization; and

      (B) Since leaving the state in the manner provided in subparagraph (A) of this paragraph, has never established residence in another state.

      (2) A person who served in the Armed Forces of the United States or in an international position with the state, federal government or a humanitarian aid organization and who receives federal tuition benefits in excess of the tuition and fees the person is charged under subsection (1) of this section at a public university listed in ORS 352.002 or a community college where the person is enrolled shall pay tuition and fees equal to the federal tuition benefits received.

      (3) Distance education and self-support courses as identified by each public university listed in ORS 352.002 and community college are exempt from the tuition reduction provisions of this section.

      (4) If a nonresident student otherwise eligible for tuition benefits under this section is receiving federal vocational rehabilitation education benefits, that student shall pay full nonresident tuition and fees charged by a public university listed in ORS 352.002 or a community college. [Formerly 352.375]

 

      350.295 Annual report on reduced tuition rate and tuition waiver recipients. The Higher Education Coordinating Commission shall report annually on or before February 1 to committees of the Legislative Assembly related to veterans and military affairs and to higher education regarding students who have received tuition relief and assistance under ORS 350.285 and 350.290 including but not limited to the following:

      (1) The number of nonresident veterans who were assessed reduced tuition rates under ORS 350.290 and the amount of nonresident tuition moneys not assessed as a result of receiving the reduced tuition rates under ORS 350.290;

      (2) The number of former Oregon residents who were assessed reduced tuition rates under ORS 350.290 and the amount of nonresident tuition moneys not assessed as a result of receiving the reduced tuition rates under ORS 350.290;

      (3) The number of qualified students receiving tuition waivers under ORS 350.285, the amount of tuition waived and the relationship of the qualified student to a service member or Purple Heart recipient under ORS 350.285; and

      (4) Any other relevant information. [Formerly 351.657]

 

      350.300 Waiver of tuition and fees for foster child. (1) Notwithstanding ORS 341.290, 352.105 or 353.050, a current foster child or former foster child under 25 years of age who enrolls in an institution of higher education as an undergraduate student shall have the amount of tuition and all fees levied against the student waived if attending an institution of higher education for purposes of pursuing an initial undergraduate degree.

      (2) A student who is a current foster child or former foster child is entitled to waiver of tuition and all fees under subsection (1) of this section until the student has received the equivalent of four years of undergraduate education.

      (3) As a condition of receiving a tuition waiver for an academic year, a current foster child or former foster child must:

      (a) Complete and submit the Free Application for Federal Student Aid for that academic year; and

      (b) For years after the first academic year at an institution of higher education, have completed a minimum of 30 volunteer service hours in the previous academic year performing community service activities such as mentoring foster youth or assisting in the provision of peer support service activities, according to policies developed by the institution of higher education at which the current foster child or former foster child is enrolled.

      (4) A waiver of tuition and all fees under subsection (1) of this section may be reduced by the amount of any federal aid scholarships or grants, an award from the Oregon Opportunity Grant program established under ORS 348.205 and any other aid received from the institution of higher education. For the purposes of this subsection, “federal aid scholarships or grants” does not include Chafee Education and Training Grant vouchers (P.L. 107-133).

      (5) As used in this section:

      (a) “Former foster child” means an individual who, for a total of six or more months while between 14 and 21 years of age, was:

      (A) A ward of the court pursuant to ORS 419B.100 (1)(b) to (e), in the legal custody of the Department of Human Services for out-of-home placement and not dismissed from care before reaching 16 years of age; or

      (B) An Indian child subject to the Indian Child Welfare Act (25 U.S.C. 1901 et seq.), under the jurisdiction of a tribal court for out-of-home placement and not dismissed from care before reaching 16 years of age.

      (b) “Institution of higher education” means:

      (A) A public university listed in ORS 352.002;

      (B) A community college operated under ORS chapter 341; or

      (C) The Oregon Health and Science University. [Formerly 351.293]

 

EMPLOYMENT POLICIES

 

      350.350 “Public institution of higher education” defined for ORS 350.355 and 350.360. As used in ORS 350.355 and 350.360, “public institution of higher education” means:

      (1) A community college; or

      (2) A public university listed in ORS 352.002. [Formerly 351.700]

 

      350.355 Health care benefits for part-time faculty. (1) Subject to ORS 352.237 and any group health and welfare insurance benefit plan developed under ORS 352.237, a part-time faculty member at a public institution of higher education is eligible for the same health care benefits as full-time faculty members if the part-time faculty member is eligible for membership in the Public Employees Retirement System or another plan authorized under ORS chapter 238 or 238A by teaching either at a single public institution of higher education or in aggregate at multiple public institutions of higher education during the prior year.

      (2) A part-time faculty member at a public institution of higher education shall pay all insurance premiums for health care benefits unless otherwise provided for by the policy of the institution or by collective bargaining at the institution. [Formerly 351.704]

 

      350.360 Review of employees at public institutions of higher education; report to Legislative Assembly and Governor. (1) As used in this section, “employee group” means each category of employee employed by a public institution of higher education, including at least categories for:

      (a) Administrative or management employees;

      (b) Faculty employees; and

      (c) Classified or professional nonfaculty employees.

      (2) The Higher Education Coordinating Commission shall establish baselines and conduct an annual review of each public university listed in ORS 352.002 with respect to the employment of all employee groups. Each public university shall provide the necessary data for the commission’s report prior to September 1 of each year. The commission shall use data available from a national post-secondary data collection system within the United States Department of Education. The commission shall report the results of the reviews to the Legislative Assembly and the Governor’s office prior to December 1 of each year.

      (3) The Office of Community Colleges and Workforce Development shall determine definitions and data that will be used for annual reviews and conduct an annual review of each community college district with respect to the employment of all employee groups. The office shall use data available from a national post-secondary data collection system within the United States Department of Education. The office shall report the results of the reviews to the Legislative Assembly and the Governor before December 1 of each year.

      (4) An annual review under this section must include:

      (a) Examination of data related to the ratio of instruction provided by the following faculty categories:

      (A) Full-time faculty;

      (B) Part-time faculty; and

      (C) Graduate assistants.

      (b) The pay differential for the faculty categories.

      (c) The average contracted wages for each employee group.

      (d) The number of employees in each employee group within a public university or community college district, and a ratio of the number of employees in each employee group to the number of students enrolled in the university or district, both full-time and part-time.

      (e) The health care and other benefits provided for each faculty category.

      (f) A recommendation on whether a different method of data tracking would improve the ability of the Legislative Assembly to obtain the most precise and relevant data on staffing ratios without placing undue financial burdens on public universities and community colleges. [Formerly 351.708]

 

      350.365 Report on number of employees at public universities. Not later than July 1 of each year, the Higher Education Coordinating Commission shall report to the Legislative Assembly in the manner provided by ORS 192.245:

      (1) For each public university listed in ORS 352.002, the number of employees and the number of full-time equivalent employees of the university in the following categories:

      (a) Supervisory employees, as defined in ORS 243.650 (23), who supervise classified employees covered by a collective bargaining agreement;

      (b) Full-time faculty;

      (c) Part-time faculty; and

      (d) Classified employees.

      (2) A recommendation on whether a different method of data tracking would improve the ability of the Legislative Assembly to obtain the most precise and relevant data on staffing ratios without placing undue financial burdens on public universities. [Formerly 351.711]

 

      Note: Sections 1 and 2, chapter 768, Oregon Laws 2015, provide:

      Sec. 1. (1) The Higher Education Coordinating Commission shall convene a work group of stakeholders to determine the most appropriate method for public universities listed in ORS 352.002 and community colleges to report relevant employment data in a consistent and detailed manner for the following categories of employees:

      (a) Full-time faculty;

      (b) Part-time faculty;

      (c) Graduate faculty;

      (d) Full-time classified employees;

      (e) Part-time classified employees;

      (f) Full-time nonteaching professional staff;

      (g) Part-time nonteaching professional staff;

      (h) Full-time supervisory employees;

      (i) Part-time supervisory employees;

      (j) Full-time management staff; and

      (k) Part-time management staff.

      (2) The work group’s determinations under this section must include recommendations regarding when and how often the public universities listed in ORS 352.002 and community colleges should provide the relevant employment data to the commission, and when and how often the commission should provide the data to the Legislative Assembly.

      (3) The commission shall submit a report in the manner provided by ORS 192.245 detailing the determinations reached under this section to the interim legislative committees on higher education no later than December 1, 2016. [2015 c.768 §1]

      Sec. 2. Section 1 of this 2015 Act is repealed on December 15, 2016. [2015 c.768 §2]

 

FORESTRY EDUCATION

 

      350.500 Forestry Education Council; members; term of office. (1) There is established a Forestry Education Council, consisting of five members appointed by the President of Oregon State University. The president shall appoint to the council at least three members who are forestland owners in this state or representatives of forest products manufacturers operating in this state.

      (2) The term of office of each council member is four years, but a member serves at the pleasure of the president. Before the expiration of the term of a council member, the president shall appoint a successor whose term begins on January 1 next following. A council member is eligible for reappointment. If there is a vacancy for any cause, the president shall make an appointment to become immediately effective for the unexpired term.

      (3) A council member is entitled to compensation and expenses as provided in ORS 292.495 from any unrestricted moneys in a subaccount created as described in ORS 350.520. [Formerly 351.671]

 

      Note: Section 3, chapter 39, Oregon Laws 2012, provides:

      Sec. 3. Terms of initial appointments to Forestry Education Council. Notwithstanding the term of office specified by section 2 of this 2012 Act [350.500], of the members first appointed to the Forestry Education Council:

      (1) One shall serve for a term ending January 1, 2014.

      (2) One shall serve for a term ending January 1, 2015.

      (3) One shall serve for a term ending January 1, 2016.

      (4) Two shall serve for terms ending January 1, 2017. [2012 c.39 §3]

 

      350.505 Qualifications of members of Forestry Education Council. The members of the Forestry Education Council must be residents of this state who are well informed on the principles of providing educational opportunities for forestland owners, forest products manufacturers and persons wishing to train in forest-related occupations. [Formerly 351.674]

 

      350.510 Administration of Forestry Education Council. (1) The Forestry Education Council shall select one of its members as chairperson and another as vice chairperson, for such terms and with duties and powers necessary for the performance of the functions of such offices as the President of Oregon State University determines.

      (2) Except as provided in ORS 350.530, a majority of the members of the council constitutes a quorum for the transaction of business.

      (3) The council shall meet at times and places specified by the call of:

      (a) The chairperson;

      (b) A majority of the members of the council; or

      (c) The Dean of the College of Forestry at Oregon State University after consultation with the president. [Formerly 351.677]

 

      350.515 Criteria and measurements for investments in professional forestry education; process; report. (1) The Dean of the College of Forestry at Oregon State University shall solicit the advice of the Forestry Education Council when developing work plans or resource allocation plans affecting professional forestry education. The council shall provide advice to the dean regarding the development of work plans and resource allocation plans affecting professional forestry education upon request of the dean or the President of Oregon State University and at other times as the council deems reasonable or necessary.

      (2) The council, in consultation with the dean, shall establish criteria and measurements for Oregon State University to use in determining which investments in professional forestry education to make from any subaccount created as described in ORS 350.520.

      (3) The criteria and measurements established under this section shall include, but need not be limited to, standards designed to:

      (a) Respond to the professional forestry education needs of forestland owners and managers and forest products manufacturers in this state;

      (b) Meet the professional forestry education needs of employees working in the forest and wood products industry cluster in this state by increasing faculty and academic program capacity at the university;

      (c) Create additional opportunities for residents of this state to pursue professional education in forest engineering, forest management, forest operations management, renewable material and wood products innovation and other fields important to the advancement of the forest and wood products industry cluster in this state;

      (d) Maximize the leverage of any moneys that the university allocates under ORS 350.520;

      (e) Give priority to allocations for which financial resources of forest products manufacturers in this state, or of other persons interested in professional forestry education in this state, are available to augment the allocations; and

      (f) Ensure that any moneys the university allocates under ORS 350.520 are used to:

      (A) Give priority to addressing those educational needs of the forest and wood products industry cluster that are the most evident and urgent;

      (B) Produce the greatest amount of educational benefit for the least short-term and long-term costs to this state;

      (C) Avoid duplication of existing public or private resources; and

      (D) Leverage existing and future private resources for the public benefit.

      (4) The council shall review the performance of any investments made in professional forestry education as described in ORS 350.520. The performance reviews shall be designed to identify possible improvements in the criteria and measurements established by the council, identify possible improvements in the process for allocating moneys under ORS 350.520 and determine the effectiveness of the allocations and investments in addressing the objectives described in subsection (3) of this section. The council shall report the results of the performance reviews to the dean and the president. [Formerly 351.679]

 

      350.520 Public University Fund subaccount for professional forestry education. Oregon State University may establish in the Public University Fund established under ORS 352.450 a subaccount dedicated to funding investments in professional forestry education. A subaccount created as provided in this section shall consist of any moneys from harvest taxes, appropriations, gifts, grants or donations made available to the university for the specific purpose of making investments in professional forestry education under this section. The university shall make any allocations of moneys from the subaccount to investments in professional forestry education in accordance with the criteria and measurements established by the Forestry Education Council under ORS 350.515. [Formerly 351.681]

 

      350.525 No obligation to fund subaccount. ORS 350.500 to 350.530 do not establish any obligation or expectation for the appropriation of General Fund moneys to the subaccount described in ORS 350.520 or any obligation or expectation that moneys from forest products harvest taxes will be increased or reallocated for deposit to the subaccount described in ORS 350.520. [Formerly 351.682]

 

      Note: 350.525 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 350 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

 

      350.530 Review of allocations by President of Oregon State University. Prior to the beginning of an academic year, the Forestry Education Council may request that the President of Oregon State University review any allocations described in ORS 350.520 that are proposed for the academic year. A request under this section must be approved by a majority of the council members. Upon receiving a request from the council, the president shall determine during the academic year whether Oregon State University should allocate additional moneys or take other measures to address any concerns raised in the council’s request. [Formerly 351.684]

 

VENTURE GRANT PROGRAM

 

      350.540 Venture grant program; applicant requirements. The governing board of a public university listed in ORS 352.002 shall adopt a policy that prescribes the requirements for a venture grant program and the requirements that a grant applicant must meet in order to receive grant moneys from the university venture development fund operated by the university, including requirements:

      (1) That a grant recipient remain within this state for at least five years following the receipt of a grant or repay the grant plus interest;

      (2) That the university report amounts of tax credit certificates issued by the university and cease issuing certificates until the total amount owed by the public universities listed in ORS 352.002 to the General Fund at any one time under ORS 350.550 (6) does not exceed $6 million; and

      (3) That the university maintain records of income realized by the university as the result of grants made from the fund and records of amounts paid to the General Fund. [Formerly 351.692]

 

      350.545 University venture development funds; use; fee. (1) Notwithstanding ORS 350.550 (5), the State Treasurer, as payment for expenses, may deduct a fee pursuant to ORS 293.718 from a university venture development fund administered by a public university listed in ORS 352.002 or the Oregon Health and Science University.

      (2) A public university listed in ORS 352.002 or the Oregon Health and Science University may direct that moneys credited to its university venture development fund be held and invested by the university’s affiliated foundation. Any moneys held by an affiliated foundation under this section or ORS 350.550 are not subject to the provisions of ORS chapter 293 or 295 and may not be considered public or state funds for any purpose. Moneys transferred to an affiliated foundation under this section or ORS 350.550 may be used only as provided under ORS 350.540, 350.545, 350.550 and 353.445.

      (3) A public university listed in ORS 352.002 or the Oregon Health and Science University may retain or may elect to have its affiliated foundation retain some or all of the principal contributed to a university venture development fund for investment to perpetuate and increase the moneys available for expenditure. The balance of the fund and the earnings on that balance may be used as provided under ORS 350.540, 350.545, 350.550 and 353.445. [Formerly 351.695]

 

      350.550 Purposes of funds; disbursement; assessment; report. (1) Each public university listed in ORS 352.002 and Oregon Health and Science University may elect to establish a university venture development fund as provided in this section for the purpose of facilitating the commercialization of university research and development. A university shall direct that the university venture development fund be administered, in whole or in part, by the university or by the university’s affiliated foundation.

      (2) The purposes of a university venture development fund are to provide:

      (a) Capital for university entrepreneurial programs;

      (b) Opportunities for students to gain experience in applying research to commercial activities;

      (c) Proof-of-concept funding for transforming research and development concepts into commercially viable products and services;

      (d) Entrepreneurial opportunities for persons interested in transforming research into viable commercial ventures that create jobs in this state; and

      (e) Tax credits for contributors to university research commercialization activities.

      (3) Each university that elects to establish a university venture development fund shall:

      (a) Notify the Department of Revenue of the establishment of the fund;

      (b) Either directly or through its affiliated foundation, solicit contributions to the fund and receive, manage and disburse moneys contributed to the fund;

      (c) Subject to ORS 315.521 (1), 350.540 and 353.445 (3), issue tax credit certificates to contributors to the fund in the amount of the contributions;

      (d) Establish a grant program that meets the requirements for a venture grant program under policies adopted under ORS 350.540 by the governing board of a public university listed in ORS 352.002 or under policies adopted by the Oregon Health and Science University Board of Directors under ORS 353.445; and

      (e) Subject to available moneys from the fund, provide qualified grant applicants with moneys for the purpose of facilitating the commercialization of university research and development.

      (4) Except as provided in subsection (5) of this section, moneys in a university venture development fund shall be disbursed only as directed by a university.

      (5) A university or its affiliated foundation may charge its customary administrative assessment to manage its university venture development fund in an amount not to exceed three percent of the fund’s average balance during the fiscal year of the university or its affiliated foundation. The administrative assessment may be paid from the assets in the fund. Except as authorized by law, no other fees or indirect costs shall be charged against the university venture development fund or any associated grants or other disbursements from the fund.

      (6) A university that has established a university venture development fund shall monitor the use of grants made from the fund and identify the income realized by the university as the result of the use of the grants. Income consists of cash realized from royalties, milestone and license fee payments and cash from the sale of equity. The university shall cause the transfer of 20 percent of the income realized from the grants to the General Fund, but not to exceed the amount of the tax credits issued by the university as a result of contributions to its university venture development fund. Immediately upon deposit of the transferred amount into the General Fund, the university may issue new tax credits to equal the transferred amount.

      (7) A university that has established a university venture development fund shall report annually to the Legislative Assembly or, if the Legislative Assembly is not in session, to the interim legislative committees on revenue. The report shall be at the end of the fiscal year of the university or of its affiliated foundation and provide information for that fiscal year. The university shall include in the report the following information pertaining to its university venture development fund:

      (a) The amount of donations received for the fund;

      (b) The amount of income received from the fund;

      (c) The amount of disbursements and grants paid from the fund;

      (d) The amount of income and royalties received from disbursements from the fund; and

      (e) The amount of moneys transferred from the fund to the General Fund. [Formerly 351.697]

 

POLICY ON INDEPENDENT INSTITUTIONS OF HIGHER EDUCATION

 

      350.600 Legislative findings. The Legislative Assembly finds that:

      (1) The current and future need for higher education services in Oregon is too great and too diverse to be met by government-sponsored institutions alone.

      (2) From the early 1840s the citizens of Oregon, through private initiative, have created and sustained a variety of independent not-for-profit institutions of higher education, irrevocably organized as public benefit corporations in service to the people of Oregon. For the purposes of ORS 350.600 to 350.620, “independent institutions” or “independent higher education” refers to such institutions.

      (3) These independent institutions:

      (a) Conduct teaching, research and public service of high quality, contributing substantially to the preparation of a professional workforce, to the intellectual and cultural quality of life in Oregon and to the individual character of social responsibility so highly prized in this state and nation;

      (b) Provide a major share of all post-secondary education in Oregon, at the lowest cost to the taxpayer;

      (c) Add meaningful and valued diversity to the array of post-secondary educational opportunities available to Oregonians;

      (d) Are accessible to qualified students of all ethnic backgrounds and from all socioeconomic levels;

      (e) Annually attract thousands of talented people to Oregon from other regions of the country and the world;

      (f) Provide unique local opportunities in higher education that many Oregonians would otherwise leave the state to find;

      (g) Attract and sustain voluntary donations of private time, treasure and talent from thousands of citizens in public service toward fulfilling the educational needs of the larger community; and

      (h) Constitute a sizable economic enterprise.

      (4) The educational capital and services of these independent institutions are essential to meeting the current and future higher educational needs of Oregon’s citizens. [Formerly 352.665]

 

      350.605 Public purpose to encourage and increase opportunities in independent higher education. Based on the legislative findings described in ORS 350.600, the Legislative Assembly declares that it is an important public interest to encourage and increase opportunities in independent higher education for the people of Oregon. [Formerly 352.667]

 

      350.610 Policies and practices of state agencies and Higher Education Coordinating Commission. The Legislative Assembly declares that all state agencies and the Higher Education Coordinating Commission should pursue policies and engage in practices that enhance the vitality of independent higher education in Oregon and should cooperate with the state’s independent institutions. [Formerly 352.669]

 

      350.615 State financial aid for students. The Legislative Assembly declares that it is an important public interest, and an appropriate objective of the state, that Oregonians who need financial assistance to attend an independent institution in Oregon should have access to state financial aid. [Formerly 352.672]

 

      350.620 State policies to enhance and encourage independent higher education. The Legislative Assembly declares its ongoing interest in state policies that:

      (1) Enhance the ability of independent institutions to sustain and expand their services in Oregon;

      (2) Complement, assist and strengthen existing or planned programs and activities of independent institutions in Oregon while maintaining high academic and administrative standards;

      (3) Encourage broad public participation in independent higher education;

      (4) Promote coordination among independent and community colleges and state universities;

      (5) Stimulate and encourage private initiative and financial support in connection with the programs and activities of independent higher education;

      (6) Encourage recognition of the contributions made by independent higher education to the well-being of the state and to the development of the individual; and

      (7) Develop, maintain and provide the public with sufficient information concerning independent educational opportunities within the state. [Formerly 352.675]

 

AID TO INDEPENDENT INSTITUTIONS

 

      350.630 Legislative findings. It is hereby determined and declared as a matter of legislative finding that:

      (1) Independent institutions of higher education in the state educate a substantial share of all post-secondary students in Oregon and such nonpublic institutions make an important contribution to post-secondary education in Oregon.

      (2) The state’s duty to support the achieving of public welfare purposes in education may be, in part, fulfilled by the state’s support of those nonsectarian educational objectives achieved through nonpublic post-secondary institutions.

      (3) Many of Oregon’s private and independent institutions of higher learning face serious financial difficulties and, should any of these institutions be forced to close, many of their students would seek admission in public institutions creating an added financial burden to the state and an impairment of post-secondary education in Oregon. Such hazards may be substantially reduced and all education in the state improved through the purchase of nonsectarian educational services from Oregon’s private and independent institutions. [Formerly 352.710]

 

      350.635 Definitions for ORS 350.630 to 350.655. As used in ORS 350.630 to 350.655, unless the context requires otherwise:

      (1) “Private and independent institutions of higher education” or “institution” means any nonpublic and nonprofit college or university in the State of Oregon accredited by the Northwest Commission on Colleges and Universities or its successor, and any chiropractic college located in this state and accredited by the Council on Chiropractic Education or its successor.

      (2) “Nonsectarian educational services” means the provision of instruction in secular subjects.

      (3) “Secular subjects” means any course that is presented in the curriculum of a private and independent institution of higher education that is not hobby or recreational in nature or that does not advocate the religious teachings or the morals or forms of worship of any sect. [Formerly 352.720]

 

      350.640 Contracts with independent institutions for nonsectarian and nonreligious educational services. (1) The Higher Education Coordinating Commission may enter into contracts with private and independent institutions of higher education for the performance of nonsectarian educational services to assist the state in providing educational opportunities for Oregon students.

      (2) The commission may accept grants, gifts, bequests, and devises of real and personal property to carry out the purposes of ORS 350.630 to 350.655.

      (3) No funds disbursed pursuant to ORS 350.630 to 350.655 shall be used by any recipient for any religious purpose. [Formerly 352.730]

 

      350.645 Computation of payments under contracts. Payments to private and independent institutions of higher education under contracts entered into under ORS 350.640 shall be determined by the Executive Director of the Office of Student Access and Completion on a uniform rate for every 45 quarter hours, or equivalent, of approved and registered course work in nonsectarian subjects completed by undergraduate students enrolled in the institutions who are residents of Oregon, and shall not exceed the actual cost to the institution of providing such educational services. This uniform rate shall apply to the estimated 45-hour units for each institution upon which the legislative appropriation is based for that year, or the actual 45-hour units for each institution, whichever is the lesser. Any remaining funds shall be distributed among those institutions whose actual 45-hour units exceed the estimate. The distribution to each institution shall be according to the uniform rate established for the 45-hour units or an amount equal to the ratio that the excess units bear to 45. However, if insufficient funds are available for such a distribution, then the distribution shall be according to the ratio that the total number of 45-hour units in excess of the estimate bears to the total amount of funds remaining undistributed, multiplied by the number of excess 45-hour units, if any, at each institution. [Formerly 352.740]

 

      350.650 Rules. In accordance with any applicable provisions of ORS chapter 183, the Higher Education Coordinating Commission may make such reasonable rules and regulations as are necessary or proper to carry out ORS 350.630 to 350.655. [Formerly 352.750]

 

      350.655 Severability. If a part of ORS 350.630 to 350.655 is invalid, all valid parts that are severable from the invalid part remain in effect. If a part of ORS 350.630 to 350.655 is invalid in one or more of its applications, the part remains in effect in all valid applications that are severable from the invalid applications. [Formerly 352.760]

 

FINANCE OF EDUCATION FACILITIES BY MUNICIPALITY

 

      350.665 Definitions for ORS 350.665 to 350.695. As used in ORS 350.665 to 350.695, unless the context requires otherwise:

      (1) “Education facilities” means real or personal property owned or operated by an educational institution and used to provide post-secondary education. “Education facilities” includes administrative offices, student and staff parking and on-campus dormitories, but does not include property used for sectarian instruction nor used primarily as a place of religious worship or as a part of a program of a school or department of divinity for any religious denomination or for the religious training of ministers, priests, rabbis or other similar persons in the field of religion.

      (2) “Education facilities costs” means all costs of acquiring, constructing and improving education facilities, and capitalized interest, reserves, costs of credit enhancements and costs of issuing and paying revenue bonds.

      (3) “Education facility revenues” means repayments of loans authorized by ORS 350.675 (3), and any moneys derived from rights or property that are security for such a loan.

      (4) “Educational institution” means any nonprofit institution located in this state that grants post-secondary degrees and is accredited by the Northwest Commission on Colleges and Universities or its successor, or affiliated nonprofit foundations whose role is to further the mission of qualified institutions.

      (5) “Municipality” means any city or county.

      (6) “Revenue bond” means a revenue bond as defined in ORS 287A.001 that is issued by a municipality pursuant to ORS 350.665 to 350.695. [Formerly 352.790]

 

      350.670 Finance of education facilities by municipalities. In order to provide the people of this state with access to quality post-secondary education at a reasonable cost, and to provide an educated workforce which promotes economic development within this state, the Legislative Assembly authorizes municipalities to finance education facilities in accordance with ORS 350.665 to 350.695. [Formerly 352.795]

 

      350.675 Powers of municipality. Except as otherwise provided in ORS 350.685, a municipality shall have all powers necessary to finance education facilities in accordance with ORS 350.665 to 350.695, including the power:

      (1) To borrow money and to issue revenue bonds to finance education facilities costs or to refund revenue bonds pursuant to ORS 287A.150.

      (2) To pledge education facility revenues to pay revenue bonds.

      (3) To loan money to educational institutions to finance education facilities and to enter into loan contracts.

      (4) To enter into covenants with the owners of revenue bonds which are intended to protect the rights of such owners.

      (5) To contract with trustees to hold and administer education facility revenues and the proceeds of revenue bonds.

      (6) To take any other action necessary to carry out the powers granted by ORS 350.665 to 350.695. [Formerly 352.800]

 

      350.680 Revenue bonds; issuance; trust funds; pledge; terms; legal effect. (1) Revenue bonds shall be payable solely from that portion of education facility revenues which the municipality pledges therefor in the resolution authorizing issuance of revenue bonds.

      (2) A municipality may authorize the issuance of revenue bonds by resolution or nonemergency ordinance under the procedure described in ORS 287A.150.

      (3) The resolution may provide for the establishment of one or more special funds and may place such funds under the control of one or more trustees. The resolution may obligate the municipality to deposit and expend the proceeds of the revenue bonds only into and from such fund or funds, and to set aside and pay into such fund or funds specified education facility revenues.

      (4) Any pledge of education facility revenues made by a municipality shall be valid and binding, without physical delivery or additional action, from the time that the pledge is made against any parties having subsequent claims of any kind in tort, contract or otherwise against a municipality or an educational institution, irrespective of whether such parties have actual notice thereof. The pledge shall be noted in the resolution authorizing issuance of revenue bonds, which shall be constructive notice thereof to all parties and the resolution need not be recorded, nor shall the filing of any financing statement under the Uniform Commercial Code be required to perfect such pledge.

      (5) The municipality may establish the terms under which its revenue bonds shall be issued and sold.

      (6) All revenue bonds issued pursuant to ORS 350.665 to 350.695 shall be legal securities which may be used by any insured institution or trust company, as those terms are defined in ORS 706.008, for deposit with the State Treasurer or a county treasurer or city treasurer as security for deposits in lieu of a surety bond under any law relating to deposits of public moneys. The revenue bond shall constitute legal investments for public bodies, trustees and other fiduciaries, banks, savings and loan associations and insurance companies. All revenue bonds shall constitute negotiable instruments within the meaning of and for all purposes of the law of this state. [Formerly 352.805]

 

      350.685 Revenue bonds secured by education facility revenues. Revenue bonds shall not be a general bond of any municipality nor a charge upon the tax revenues of any municipality, and shall be secured solely by the education facility revenues pledged to their payment. [Formerly 352.810]

 

      350.690 Municipalities acting jointly. All powers and duties provided in ORS 350.665 to 350.695 may be exercised or discharged by two or more municipalities acting jointly. A municipality may issue revenue bonds to finance education facilities located within the boundaries of another municipality. [Formerly 352.815]

 

      350.695 Investment of revenues. Notwithstanding ORS chapter 294, education facility revenues and the proceeds of revenue bonds may be invested in any classes of security which are described in the resolution authorizing issuance of the revenue bonds or are otherwise approved by the municipality. [Formerly 352.820]

PROMOTION OF REGIONAL INTERSTATE AGREEMENTS

 

      350.750 Nonresident tuition in post-secondary educational institutions. The Legislative Assembly finds that:

      (1) It is in the interest of this state and its people that Oregon residents have access to the post-secondary institutions in the Northwest which best provide for the educational needs of those students;

      (2) The people of Oregon and their post-secondary institutions benefit through the provision of access to Oregon colleges and universities for students from the state of Washington and from the enhanced economic and cultural well-being of the northwest region;

      (3) The state should reduce or eliminate the nonresident tuition barriers that might exist between the states of Oregon and Washington to restrict or inhibit enrollment of residents of one of these states in a community college or public college or university in the other state;

      (4) The general policy statement on reduction of admission and tuition barriers between the states of Oregon and Washington shall not apply to students at the Oregon Health and Science University, where enrollment priority shall continue to be given to qualified Oregon residents; and

      (5) The Higher Education Coordinating Commission shall develop plans to carry out the intent of this policy within the appropriations available, and shall report to the appropriate legislative review agency before implementing the plan. [Formerly 351.647]

 

      350.755 Interstate agreements. (1) In addition to any interstate agreements entered into under ORS 350.750, the Governor shall encourage interstate agreements with Washington, Idaho and California. Such agreements shall be in accordance with ORS 190.410 to 190.440 and shall:

      (a) Provide for full-time equivalent reimbursement to this state for any students from another state who enroll in an Oregon public post-secondary institution pursuant to the agreement;

      (b) Provide that only students who reside in counties that share a common border with this state may participate in any program developed pursuant to such an agreement; and

      (c) Provide that the county government or other similar county-wide public organization of any county involved in the agreement shall provide or arrange to provide a portion of the costs of attendance for participating students.

      (2) Any public post-secondary institution entering into an interstate agreement under this section shall send a copy of the agreement to the Governor and the Higher Education Coordinating Commission.

      (3) The provisions of this section shall not apply to interstate agreements entered into pursuant to ORS 350.750. [Formerly 351.653]

 

WESTERN REGIONAL HIGHER EDUCATION COMPACT

 

      350.770 Western Regional Higher Education Compact ratified. The Western Regional Higher Education Compact is ratified and approved and the adherence of this state to its provisions, upon ratification and approval by any five or more of the states or territories therein named, is declared. [Formerly 351.770]

 

      350.775 Compact provisions. The terms and provisions of the compact referred to in ORS 350.770 are as follows:

______________________________________________________________________________

 

ARTICLE I

 

      Whereas the future of this nation and of the western states is dependent upon the quality of the education of its youth; and

      Whereas many of the western states individually do not have sufficient numbers of potential students to warrant the establishment and maintenance within their borders of adequate facilities in all of the essential fields of technical, professional and graduate training, nor do all of the states have the financial ability to furnish within their borders institutions capable of providing acceptable standards of training in all of the fields mentioned above; and

      Whereas it is believed that the western states, or groups of such states within the region, cooperatively can provide acceptable and efficient educational facilities to meet the needs of the region and of the students thereof:

      Now, therefore, the states of Arizona, California, Colorado, Idaho, Montana, Nevada, New Mexico, Oregon, Utah, Washington and Wyoming and the territories of Alaska and Hawaii do hereby covenant and agree as follows:

 

ARTICLE II

 

      Each of the compacting states and territories pledges to each of the other compacting states and territories faithful cooperation in carrying out all the purposes of this compact.

 

ARTICLE III

 

      The compacting states and territories hereby create the Western Interstate Commission for Higher Education, hereinafter called the commission. Said commission shall be a body corporate of each compacting state and territory and an agency thereof. The commission shall have all the powers and duties set forth herein, including the power to sue and be sued, and such additional powers as may be conferred upon it by subsequent action of the respective legislatures of the compacting states and territories.

 

ARTICLE IV

 

      The commission shall consist of three resident members from each compacting state or territory. At all times one commissioner from each compacting state or territory shall be an educator engaged in the field of higher education in the state or territory from which he is appointed.

      The commissioners from each state and territory shall be appointed by the Governor thereof as provided by law in such state or territory. Any commissioner may be removed or suspended from office as provided by the law of the state or territory from which he shall have been appointed.

      The terms of each commissioner shall be four years; provided, however, that the first three commissioners shall be appointed as follows: One for two years, one for three years, and one for four years. Each commissioner shall hold office until his successor shall be appointed and qualified. If any office becomes vacant for any reason, the Governor shall appoint a commissioner to fill the office for the remainder of the unexpired term.

 

ARTICLE V

 

      Any business transacted at any meeting of the commission must be by affirmative vote of a majority of the whole number of compacting states and territories.

      One or more commissioners from a majority of the compacting states and territories shall constitute a quorum for the transaction of business.

      Each compacting state and territory represented at any meeting of the commission is entitled to one vote.

 

ARTICLE VI

 

      The commission shall elect from its number a chairman and a vice chairman, and may appoint, and at its pleasure dismiss or remove, such officers, agents and employees as may be required to carry out the purpose of this compact; and shall fix and determine their duties, qualifications and compensation, having due regard for the importance of the responsibilities involved.

      The commissioners shall serve without compensation, but shall be reimbursed for their actual and necessary expenses from the funds of the commission.

 

ARTICLE VII

 

      The commission shall adopt a seal and bylaws and shall adopt and promulgate rules and regulations for its management and control.

      The commission may elect such committees as it deems necessary for the carrying out of its functions.

      The commission shall establish and maintain an office within one of the compacting states for the transaction of its business and may meet at any time, but in any event must meet at least once a year. The chairman may call upon such additional meetings and upon the request of a majority of the commissioners of three or more compacting states or territories shall call additional meetings.

      The commission shall submit a budget to the Governor of each compacting state and territory at such time and for such period as may be required.

      The commission shall, after negotiations with interested institutions, determine the cost of providing the facilities for graduate and professional education for use in its contractual agreements throughout the region.

      On or before the fifteenth day of January of each year the commission shall submit to the governors and legislatures of the compacting states and territories a report of its activities for the preceding calendar year.

      The commission shall keep accurate books of account, showing in full its receipts and disbursements, and said books of account shall be open at any reasonable time for inspection by the Governor of any compacting state or territory or his designated representative. The commission shall not be subject to the audit and accounting procedure of any of the compacting states or territories. The commission shall provide for an independent annual audit.

 

ARTICLE VIII

 

      It shall be the duty of the commission to enter into such contractual agreements with any institutions in the region offering graduate or professional education and with any of the compacting states or territories as may be required in the judgment of the commission to provide adequate services and facilities of graduate and professional education for the citizens of the respective compacting states or territories. The commission shall first endeavor to provide adequate services and facilities in the fields of dentistry, medicine, public health and veterinary medicine, and may undertake similar activities in other professional and graduate fields.

      For this purpose the commission may enter into contractual agreements:

      (a) With the governing authority of any educational institution in the region, or with any compacting state or territory, to provide such graduate or professional educational services upon terms and conditions to be agreed upon between contracting parties, and

      (b) With the governing authority of any educational institution in the region or with any compacting state or territory to assist in the placement of graduate or professional students in educational institutions in the region providing the desired services and facilities, upon such terms and conditions as the commission may prescribe.

      It shall be the duty of the commission to undertake studies of needs for professional and graduate educational facilities in the region, the resources for meeting such needs, and the long-range effects of the compact on higher education; and from time to time prepare comprehensive reports on such research for presentation to the Western Governors’ Conference and to the legislatures of the compacting states and territories. In conducting such studies, the commission may confer with any national or regional planning body which may be established. The commission shall draft and recommend to the Governors of the various compacting states and territories uniform legislation dealing with problems of higher education in the region.

      For the purposes of this compact the word “region” shall be construed to mean the geographical limits of the several compacting states and territories.

 

ARTICLE IX

 

      The operating costs of the commission shall be apportioned equally among the compacting states and territories.

 

ARTICLE X

 

      This compact shall become operative and binding immediately as to those states and territories adopting it whenever five or more of the states or territories of Arizona, California, Colorado, Idaho, Montana, Nevada, New Mexico, Oregon, Utah, Washington, Wyoming, Alaska and Hawaii have duly adopted it prior to July 1, 1953. This compact shall become effective as to any additional states or territories adopting thereafter at the time of such adoption.

 

ARTICLE XI

 

      This compact may be terminated at any time by consent of a majority of the compacting states or territories. Consent shall be manifested by passage and signature in the usual manner of legislation expressing such consent by the legislature and Governor of such terminating state. Any state or territory may at any time withdraw from this compact by means of appropriate legislation to that end. Such withdrawal shall not become effective until two years after written notice thereof by the Governor of the withdrawing state or territory, accompanied by a certified copy of the requisite legislative action, is received by the commission. Such withdrawal shall not relieve the withdrawing state or territory from its obligations hereunder accruing prior to the effective date of withdrawal. The withdrawing state or territory may rescind its action of withdrawal at any time within the two-year period. Thereafter, the withdrawing state or territory may be reinstated by application to and the approval by a majority vote of the commission.

 

ARTICLE XII

 

      If any compacting state or territory shall at any time default in the performance of any of its obligations assumed or imposed in accordance with the provisions of this compact, all rights, privileges and benefits conferred by this compact or agreements hereunder, shall be suspended from the effective date of such default as fixed by the commission.

      Unless such default shall be remedied within a period of two years following the effective date of such default, this compact may be terminated with respect to such defaulting state or territory by affirmative vote of three-fourths of the other member states or territories.

      Any such defaulting state may be reinstated by: (a) performing all acts and obligations upon which it has heretofore defaulted, and (b) application to and the approval by a majority vote of the commission.

______________________________________________________________________________ [Formerly 351.780]

 

      350.780 Effective time of compact. Upon ratification and approval of the Western Regional Higher Education Compact by any five or more of the specified states or territories, the Governor of this state shall execute the compact on behalf of this state and perform any other acts which may be deemed requisite to its formal ratification and promulgation. [Formerly 351.790]

 

      350.785 Commission members; appointment and removal. (1) The Governor shall appoint the Oregon members of the Western Interstate Commission for Higher Education.

      (2) The qualifications and terms of office of the members of the commission for this state shall conform with the provisions of Article IV of the compact.

      (3) The Governor may remove a member of the commission for cause after notice and public hearing. [Formerly 351.800]

 

      350.790 Authority to take action to achieve ends of compact. The Higher Education Coordinating Commission, public universities listed in ORS 352.002, the Oregon Health and Science University and the Oregon members of the Western Interstate Commission for Higher Education are authorized to take any action necessary to achieving the ends of the Western Regional Higher Education Compact. [Formerly 351.810]

 

      350.795 Contracts to furnish out-of-state educational service to Oregon students. (1) Prior to June 1 of each even-numbered year, the Oregon members of the Western Interstate Commission for Higher Education shall determine the quotas of Oregon students for whom various kinds of educational service should be purchased in out-of-state institutions during the next biennium and shall recommend to the Higher Education Coordinating Commission and the Oregon Health and Science University Board of Directors the amount to be included in its biennial budget to cover the cost of such educational service for students enrolled in their respective institutions.

      (2) The Higher Education Coordinating Commission and the Oregon Health and Science University Board of Directors shall negotiate contracts with the Western Interstate Commission for Higher Education for educational service of the kind and amount indicated by the quotas determined under subsection (1) of this section. The commission shall make payments required by such contracts out of the money appropriated to the commission for that purpose.

      (3) The Higher Education Coordinating Commission may also contract with higher education institutions, or others, which are not members of the Western Interstate Commission for Higher Education, to furnish educational services to students who are residents of the State of Oregon in those areas of higher education where the educational institutions of the State of Oregon are unable to provide the desired professional educational opportunities. [Formerly 351.820]

 

      350.800 Selection of Oregon residents to receive out-of-state educational service. (1) Any Oregon resident desiring to take advantage of the Western Regional Higher Education Compact may make application to the Higher Education Coordinating Commission for out-of-state educational service. From such applicants the commission shall select students to fill the quotas determined under ORS 350.795.

      (2) The commission and the Oregon members of the Western Interstate Commission for Higher Education shall jointly establish criteria to be observed by the commission in making such selections.

      (3) The commission shall certify the names of the students selected to the Western Interstate Commission for Higher Education and to the out-of-state institution to which each student desires admission. [Formerly 351.830]

 

      350.805 Contracts to furnish educational service in Oregon public universities to out-of-state students. (1) The governing boards of public universities listed in ORS 352.002 and the Oregon Health and Science University Board of Directors may contract with the Western Interstate Commission for Higher Education to furnish educational service in their respective Oregon public universities to out-of-state students.

      (2) The governing boards of public universities listed in ORS 352.002 and the Oregon Health and Science University Board of Directors shall determine the number of out-of-state students that should be accepted into their respective universities, and shall make final decisions on admission of individual applicants.

      (3) Payments made by the commission under such contracts shall be deposited with the public university attended by the student in the same manner that fees and tuition payments for resident students are deposited and credited. The estimated amount of the payments must be considered by the governing board of the public university in making its biennial budgetary requests. Payments made by the commission under such contracts must be deposited with the Oregon Health and Science University for students who enroll in that university under the terms of such contracts. [Formerly 351.840]

 

      350.810 Effect of registering to vote on student eligibility to participate in Western Undergraduate Exchange. The act of registering to vote by a student who is attending a post-secondary institution of education has no effect in determining that student’s eligibility to participate in the Western Undergraduate Exchange coordinated by the Western Interstate Commission for Higher Education established under ORS 350.775. [2014 c.113 §11]

 

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