Oregon Revised Statutes
Chapter 348 — Student Aid; Education Stability Fund; Planning
199 sections
The Legislative Assembly finds that:
The State of Oregon can achieve its full economic and social potential only if all Oregonians have the opportunity to contribute to the full extent of their capabilities and only when financial barriers to their educational goals are removed;
All Oregonians who meet the appropriate admissions requirements should be able…
A student who receives a modified diploma or extended diploma under ORS 329.451 may not be denied eligibility for financial aid to obtain post-secondary education in a public university listed in ORS 352.002, community college or independent not-for-profit institution of higher education that operates in this state for the sole reason that the student did no…
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As used in this section and ORS 348.017:
“Account” means an account that is managed or operated by a third party financial firm and that is opened to facilitate the financial aid refund disbursement process.
“Financial aid funds” means financial aid funds under Title IV, Part B, of the Higher Education Act of 1965, as amended, including credit balances.
“…
When contracting with third party financial firms for disbursement and management services of financial aid funds, or for management of financial accounts, the governing board or governing entity of a public or private post-secondary institution of education that enrolls one or more students who receive state or federal financial aid shall review and approve…
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As used in this section, “institution of higher education” has the meaning given that term in ORS 348.582.
Each institution of higher education shall provide the following information to each student enrolled at the institution for whom the institution receives federal education loan information:
An estimate of the total amount of federal education loans t…
As used in this section:
“Educational institution” means any post-secondary educational institution that is approved or accredited by the Northwest Commission on Colleges and Universities or its successor, by its regional equivalent or by the appropriate official, department or agency of the state or nation in which the institution is located, and that is:
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As used in this section and ORS 348.205, 348.250, 348.260 and 348.263:
“Cost of education” includes but is not limited to, tuition, fees and living expenses.
“Eligible post-secondary institution” means:
A public university listed in ORS 352.002;
A community college operated under ORS chapter 341;
The Oregon Health and Science University; or
An Oregon-b…
The Legislative Assembly recognizes:
That an investment in educational opportunities for all Oregonians is an investment in a strong and stable economy and greater personal opportunities;
That the single largest barrier to attending an institution of higher education is lack of finances;
That keeping higher education affordable requires a shared effort an…
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The Oregon Tribal Student Grant program is established within the Higher Education Coordinating Commission.
The commission shall award an initial grant under the Oregon Tribal Student Grant program established under subsection (1) of this section to offset the cost of education while enrolled in an eligible program at an eligible post-secondary institution …
The Oregon Opportunity Grant program is established within the Higher Education Coordinating Commission.
Under the program, the commission shall award grants to qualified students for the purpose of assisting those students with the cost of education as determined under subsection (3) or (4) of this section.
The commission shall determine the cost of educa…
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Grants established under ORS 348.260 shall be awarded by the Higher Education Coordinating Commission in the manner provided in this section.
Persons interested in obtaining a grant established under ORS 348.260 may apply to the commission for a grant.
The commission shall screen or cause to be screened the applications and shall determine for each availab…
In addition to any other form of student financial aid authorized by law, the Higher Education Coordinating Commission may award Oregon Opportunity Grants to qualified students.
The amount of a grant shall equal the amount of a grant as determined by the commission under ORS 348.205 and comply with applicable rules and procedures described in ORS 348.205.
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In addition to any other form of student financial aid authorized by law, the Higher Education Coordinating Commission may award moneys from the Oregon Opportunity Grant program to qualified students to reward student persistence and encourage completion of degree programs at eligible post-secondary institutions.
Awards made under this section are not subje…
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The Opportunity Grant Fund is established in the State Treasury, separate and distinct from the General Fund. Interest earned by the Opportunity Grant Fund shall be credited to the fund.
Moneys in the Opportunity Grant Fund shall consist of:
Amounts donated to the fund;
Amounts appropriated or otherwise transferred to the fund by the Legislative Assembly;…
The Higher Education Coordinating Commission may hire or contract with a marketer to market the tax credits described in ORS 315.643 to taxpayers.
Note: See note under 348.266.
As used in this section:
“Community college” means a community college operated under ORS chapter 341.
“Good standing” means the qualified student has a cumulative grade point average of 2.0 or higher at Oregon Health and Science University or the community college, public university listed in ORS 352.002 or qualifying private institution at which the stud…
In addition to any other scholarships provided by law, the Higher Education Coordinating Commission shall award scholarships to any qualified student who is a child of a public safety officer who has suffered a qualifying death or disability.
A student who wishes to receive a scholarship under this section shall submit an application in accordance with rule…
As used in this section:
“Former foster child” has the meaning given that term in ORS 350.300.
“Institution of higher education” means a public university listed in ORS 352.002, the Oregon Health and Science University, a community college operated under ORS chapter 341 or an Oregon-based, regionally accredited independent institution.
In addition to any …
The Higher Education Coordinating Commission shall:
Determine which students are eligible to receive scholarships under ORS 348.270 and 348.272.
Grant the appropriate scholarships under ORS 348.270 and 348.272.
Make necessary rules for application and distribution of the benefits available under ORS 348.270 and 348.272 and this section.
In awarding schol…
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The Director of the Office of Student Access and Completion shall apply the interest on the amount transferred to the Oregon Student Assistance Fund under section 4, chapter 377, Oregon Laws 1985, to provide financial aid, as defined in ORS 348.505, to students to study barbering, hairdressing, manicure and esthetics at eligible post-secondary schools.
In addition to any other form of student financial aid authorized by law, the Higher Education Coordinating Commission may award scholarships to teacher candidates who have experience with diverse populations to use at approved educator preparation providers, as defined in ORS 342.120.
Scholarships awarded under this section shall be in amounts of $12,000 e…
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As used in this section:
“Designated service site” means a rural health clinic as defined in 42 U.S.C. 1395x(aa)(2), a rural critical access hospital as defined in ORS 442.470, a federally qualified health center as defined in 42 U.S.C. 1396d(l)(2) or any geographic area, population group or facility that is located in Oregon and has been designated by the …
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The Department of Education shall establish a program to increase the number of licensed speech-language pathologists and certified speech-language pathology assistants employed in the education service districts and school districts of this state.
Through the program, the department shall distribute moneys to education service districts and school district…
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The Speech-Language Pathologist Training Fund is established in the State Treasury, separate and distinct from the General Fund. Interest earned by the Speech-Language Pathologist Training Fund shall be credited to the fund. Moneys in the fund are continuously appropriated to the Department of Education for the purpose of distributing moneys to school distri…
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As used in ORS 348.444 and 348.448:
“Nurse” means any person who is licensed under ORS 678.010 to 678.415 as a registered nurse.
“Qualifying loan” means any loan made to a nursing student under:
Programs under Title IV, parts B, D and E, of the Higher Education Act of 1965, as amended; or
The Nursing Student Loan and Health Education Assistance Loan prog…
There is created the Nursing Faculty Loan Repayment Program, to be administered by the Higher Education Coordinating Commission. The purpose of the program is to provide loan repayments on behalf of nurse educators at nursing schools in Oregon who have earned a master’s or doctoral degree from an accredited nursing education program.
The Higher Education Co…
To be eligible to participate in the Nursing Faculty Loan Repayment Program, a nurse educator or prospective nurse educator shall submit a letter of interest to the Director of the Office of Student Access and Completion.
At the end of each school year in which a nurse practices as a nurse educator in Oregon, the director shall pay an amount not to exceed t…
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The Legislative Assembly finds and declares that:
It is the policy of this state to encourage cooperation between public universities listed in ORS 352.002 and community colleges on issues affecting students who transfer between the two segments; and
All unnecessary obstacles that restrict student transfer opportunities between the two segments shall be el…
The Higher Education Coordinating Commission may establish Access to Student Assistance Programs in Reach of Everyone (ASPIRE) to provide information about financial aid, education, training and career pathway options beyond high school to students in Oregon schools and colleges. The goals of the programs are to:
Provide mentoring and resources to help stud…
As used in ORS 348.500 to 348.621, “financial aid” includes loans, grants, scholarships, work opportunities and other forms of financial aid to assist students in completing their post-high-school education.
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The Office of Student Access and Completion is established and shall operate under the direction and control of the Higher Education Coordinating Commission.
The executive director of the Higher Education Coordinating Commission shall appoint the Director of the Office of Student Access and Completion.
The Director of the Office of Student Access and Compl…
The Higher Education Coordinating Commission shall:
Make available to qualified persons financial aid from financial sources available to the commission.
Determine qualifications of persons to receive financial aid.
Maintain reports and records on persons applying for and receiving financial aid from the commission.
Withhold any financial aid if the reci…
The Higher Education Coordinating Commission may:
Negotiate for and contract with private and governmental agencies for the establishment of financial aid programs.
Receive gifts of any type, including gifts of stock and real property, for the purpose of establishing, continuing and increasing financial aid.
Administer any form of financial aid submitted …
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Subject to any applicable provisions of the State Personnel Relations Law, the Higher Education Coordinating Commission may employ and fix the compensation of any employees it deems necessary for the effective conduct of the work under its charge. The commission may also arrange with a public university listed in ORS 352.002 or a community college for use of…
For the purpose of requesting a state or nationwide criminal records check under ORS 181A.195, the Higher Education Coordinating Commission may require the fingerprints of a person who is, or will be, working or providing services in a position:
In which the person has direct access to facilities where students reside or to persons under 18 years of age, el…
There is established in the State Treasury a fund, separate and distinct from the General Fund, to be known as the Oregon Student Assistance Fund. Interest earned by the fund shall be credited to the fund.
The fund shall consist of moneys appropriated to the Higher Education Coordinating Commission for deposit into the fund, collections and penalties receiv…
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The STEM Fund is established in the State Treasury, separate and distinct from the General Fund. Interest earned by the STEM Fund shall be credited to the fund. Moneys in the STEM Fund are continuously appropriated to the Higher Education Coordinating Commission for the purpose of providing scholarships to students to encourage study in science, technology, …
Subject to the terms of the governing instruments and applicable law, the Higher Education Coordinating Commission may enter into agreements with one or more community foundations in Oregon to assume the management of the privately funded student aid programs of the commission. The commission may transfer to the community foundation any or all gifts or schol…
As used in ORS 348.584 and 348.586, “institution of higher education” means:
A public university listed in ORS 352.002;
A community college as defined in ORS 341.005;
The Oregon Health and Science University;
A career school as defined in ORS 345.010;
A private post-secondary institution authorized to confer academic degrees under ORS 348.594 to 348.615…
Each year, the Higher Education Coordinating Commission shall identify the federal or national entity that best provides information about the affordability and value of institutions of higher education in Oregon.
An institution of higher education that operates in this state shall, at the time of application, provide the institution’s students with:
A lin…
An institution of higher education that operates in this state may not:
Promise or guarantee employment, or overstate the availability of jobs, upon completion of an educational program or degree from the institution.
Advertise inaccurately regarding length of time required to learn a trade or skill.
Omit from an advertisement, or from promotional materia…
All funds for and relating to student aid programs received by the Higher Education Coordinating Commission pursuant to federal grant or from any other source, except moneys appropriated from the State Treasury for a specified period of time, hereby are continuously appropriated to the commission for the purposes for which such funds were provided and receiv…
The Director of the Office of Student Access and Completion may obtain loan cancellation insurance for any person holding a loan under this section and ORS 348.505 to 348.530 and 348.570.
The insurance shall insure the life of the student who borrows under this section and ORS 348.505 to 348.530 and 348.570 for the amount of the principal and interest due o…
As used in ORS 348.594 to 348.615:
“Diploma mill” means:
A school against which a court or public body, as defined in ORS 174.109, has issued a ruling or finding, after due process procedures, that the school has engaged in dishonest, fraudulent or deceptive practices related to the award of degrees, academic standards or student learning requirements;
An…
It is the purpose of ORS 348.594 to 348.615 to provide for the protection of the citizens of Oregon and their post-secondary schools by ensuring the quality of higher education and preserving the integrity of an academic degree as a public credential.
Except as provided in subsection (2) of this section, ORS 348.594 to 348.615 apply to all schools that operate in this state.
ORS 348.594 to 348.615 do not apply to:
A school, or a separately accredited campus of a school, if the school:
Is a nonprofit school that is exempt from federal income tax under section 501(c)(3) of the Internal Revenue Code;
Pri…
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The Degree Authorization Account is established separate and distinct from the General Fund. All moneys received by the Higher Education Coordinating Commission under ORS 348.603, 348.606 and 348.609 shall be deposited into the account and are continuously appropriated to the commission to carry out the duties, functions and powers of the commission under OR…
The Higher Education Coordinating Commission shall:
Authorize approved schools to offer academic degree programs;
Authorize approved degree-granting schools to offer nondegree programs leading to a certificate or diploma;
Validate claims of degree possession;
Terminate substandard or fraudulent degree activities;
Terminate activities, including the enro…
Upon application from a school, as defined in ORS 348.594, the Higher Education Coordinating Commission shall grant an exemption from ORS 348.594 to 348.615 to the school if the school:
Is, or is operated by, a nonprofit corporation;
Offers only associate, bachelor’s or master’s degrees leading to occupations in theology or religious occupations, or, if th…
A school that obtains an exemption under ORS 348.604 or that, on July 14, 2005, met the criteria and followed procedures to obtain a religious exemption adopted by rule by the Oregon Student Access Commission and that offered only degrees leading to occupations in theology or religious occupations may not:
Award more than 25 percent of the credit toward a d…
A school may not confer or offer to confer any academic degree upon a person, or provide services purporting to lead to a degree in whole or in part, without first obtaining approval from the Higher Education Coordinating Commission. The commission shall adopt by rule standards and procedures for the approval of schools.
A school based outside of Oregon may…
The Higher Education Coordinating Commission may by rule impose a fee on a school that applies for an exemption under ORS 348.604.
The amount of the fee the commission may impose by rule under this section may not exceed the actual cost to the commission of determining the school’s compliance with the requirements for an exemption under ORS 348.604.
Except…
Each year, on a date prescribed by the Higher Education Coordinating Commission, a school that obtains an exemption under ORS 348.604 or a school that, on July 14, 2005, met the criteria and followed procedures to obtain a religious exemption adopted by rule by the Oregon Student Access Commission and that offered only degrees leading to occupations in theol…
A person may not claim or represent that the person possesses any academic degree unless the degree has been awarded to or conferred upon the person by a school that:
Has accreditation recognized by the United States Department of Education or the foreign equivalent of such accreditation;
Has been approved by the Higher Education Coordinating Commission to…
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The Higher Education Coordinating Commission may place a school, or a program within a school, on probation, or suspend or revoke any approval given to a school under ORS 348.606, for proper cause after a hearing.
The commission shall by rule establish criteria for placing a school or program on probation or for suspending or revoking approval given to a sc…
A school approved by the Higher Education Coordinating Commission to confer any academic degree under ORS 348.606 shall annually obtain a bond or letter of credit demonstrating that the school is financially sound and capable of fulfilling its commitments to students. A bond or letter of credit must be purchased and maintained by the school for the entire pe…
If the Higher Education Coordinating Commission refuses to grant approval to a school to confer degrees or revokes the approval to confer degrees, the refusal or revocation shall be subject to the right of review by an action brought in the circuit court of the county in which the school is located. Such review shall be tried as an action not triable by righ…
The Higher Education Coordinating Commission shall develop and adopt rules that provide the minimum criteria that an employer must meet in order for the employer’s scholarship program for employees and dependents to be certified as eligible for the employee and dependent scholarship program tax credit provided under ORS 348.621. The commission shall adopt ru…
An application for employee and dependent scholarship program certification shall be filed by the employer establishing the program. The application shall be filed with the Director of the Office of Student Access and Completion at least three months prior to the close of the first tax year for which a tax credit under ORS 315.237 will be claimed.
The appli…
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An application for tax credit certification shall be filed by an employer that has obtained program certification under ORS 348.618 or that has applied for program certification and is awaiting program certification by the Director of the Office of Student Access and Completion.
The application for tax credit certification shall be filed by the employer wit…
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Pursuant to Article XV, section 4 (4)(d), of the Oregon Constitution, the Education Stability Fund is established separate and distinct from the General Fund. Moneys in the Education Stability Fund shall be invested as provided in ORS 293.701 to 293.790. Except as provided in subsection (2) of this section, all declared earnings on moneys in the fund, includ…
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There is created within the Education Stability Fund the Oregon Growth Account, to which shall be credited, in the manner provided in subsection (2) of this section, 10 percent of the funds transferred under Article XV, section 4, of the Oregon Constitution, from the Administrative Services Economic Development Fund to the Education Stability Fund. Separate …
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The Oregon Education Fund is established in the State Treasury, separate and distinct from the General Fund. Moneys in the Oregon Education Fund are continuously appropriated to the Oregon Department of Administrative Services for public education and education lottery bond debt service. Seventy-five percent of the declared earnings of the Education Stabilit…
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ORS 348.748 to 348.757 shall be known and may be cited as Oregon’s Open Educational Resources (OER) Program.
Note: 348.748 to 348.757 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 348 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
As used in ORS 348.748 to 348.757, “open educational resources” means teaching, learning and research resources that:
Reside in the public domain or that have been released under an intellectual property license that permits their free use and repurposing by others; and
Conform to the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.) and to…
Each community college and public university listed in ORS 352.002 shall establish a textbook affordability plan. Each plan established under this section shall:
Contain measurable goals for increasing textbook affordability, such as:
Establishing a target amount of student savings that will result from adoption of the plan; or
Requiring that a certain nu…
The Higher Education Coordinating Commission shall regularly convene faculty, staff and librarians from public universities listed in ORS 352.002 and community colleges for the purpose of coordinating Oregon’s Open Educational Resources (OER) Program by:
Assisting and advising faculty at public universities and community colleges on the adoption, implementa…
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The Higher Education Coordinating Commission shall provide a report on Oregon’s Open Educational Resources (OER) Program to the committees of the Legislative Assembly relating to higher education during each regular session of the Legislative Assembly held during an odd-numbered year. The report shall include:
A summary of the current status of Oregon’s Ope…
Each public university listed in ORS 352.002 and community college shall prominently designate courses whose course materials exclusively consist of open or free textbooks or other low-cost or no-cost course materials. The course designation required by this section must appear in the published course descriptions that are on the Internet or are otherwise pr…
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The Employment Department, in consultation with health care industry employers, shall perform a statewide and regional needs assessment for health care occupations to identify emerging occupations and occupations for which there is high demand or a shortage of workers. The assessment shall be performed as necessary on a periodic basis, as determined by the d…
As used in this section, “applied baccalaureate degree” means a bachelor’s degree designed to incorporate applied associate courses and degrees with additional coursework emphasizing higher-order thinking skills and advanced technical knowledge and skills.
The Higher Education Coordinating Commission shall develop a plan for offering applied baccalaureate d…
If the state decides to participate in the activities of the Education Commission of the States, it may pay the appropriate dues. Other costs of membership may be paid from funds available therefor.
The persons appointed to represent the state in activities of the commission shall be appointed as follows:
Three by the Governor, to serve at the pleasure of …
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Violation of any of the provisions of ORS 348.594 to 348.615 by any person individually or on behalf of an organization or group is a Class B misdemeanor.
CHAPTER 349 [Reserved for expansion]
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