Oregon Statute | Act | Code |Title 30 Education And Culture| US Code - US Statute

A community college may give credit for education and training obtained
by a person while serving in the Armed Forces of the United States, as
defined in ORS 341.529. The education and training for which credit may
be given must meet the standards adopted by the board of education of the
community college district. [2005 c.518 §2]Note: Section 6, chapter 518, Oregon Laws 2005, provides:

Sec. 6. Sections 1 to 5 of this 2005 Act [341.533, 351.646,
353.205] first apply to the 2006-2007 academic year. [2005 c.518 §6](Employees) (1) Community college
faculty shall not be required to have teaching licenses.

(2) Notwithstanding ORS 342.173, community college faculty who
provide instruction in cooperation with a school district for academic
professional technical, school-to-work or other work-related programs
under ORS chapter 329 shall not be required to have teaching licenses. If
the faculty member is not a regular full-time employee of the community
college, the school district shall follow the instructor appraisal
committee procedures adopted by the Teacher Standards and Practices
Commission.

(3) Until a community college becomes accredited by the Northwest
Association of Schools and Colleges or its successor, the board shall
obtain the approval of the accredited community college with which it
contracts for curriculum and instructional services before employing any
person to teach transfer courses. [Formerly 341.600; 1971 c.513 §92; 1983
c.187 §2; 1995 c.67 §24]Each community college shall consider and maintain
affirmative action plans and goals when reductions in faculty and staff
are required as a result of:

(1) Reductions in revenue that necessitate discontinuance of its
educational program at its anticipated level;

(2) Elimination of classes due to decreased student enrollment; or

(3) Reduction in courses due to administrative decisions. [1981
c.814 §3](1) Each community college board shall
give an individual, written notice of reasonable assurance of continued
employment to all employees who are to perform services in the same or a
similar capacity during a subsequent academic year or term or in the
period immediately following a recess period. Such notice shall be given
by May 30 of each year for employees employed as of that date and as of
the date of hire for employees employed subsequent to May 30.

(2) No liability shall accrue from failure to give the notice
required by subsection (1) of this section or from the timing or contents
thereof on the part of the community college board. However, the State
Board of Education shall enforce the provisions of subsection (1) of this
section.

(3) Faculty members on annual or indefinite tenure, classified
staff members on regular status and management service employees are
considered to have been given notice for the purposes of this section.
[1985 c.585 §4; 1995 c.67 §25] (1)
Notwithstanding any provision of ORS chapter 238 or 238A, the Department
of Community Colleges and Workforce Development may establish and
administer an optional retirement plan for administrative employees of
community college districts who are eligible for membership in the Public
Employees Retirement System. Any community college district may
participate in the plan by giving written notice to the department.

(2) An administrative employee may make an election to participate
in the optional retirement plan if the community college district that
employs the employee is participating in the plan. The election must be
made in the following manner:

(a) An administrative employee who is an active member of the
Public Employees Retirement System may make an election to participate in
the plan within 180 days after the community college district commences
participation in the plan, effective on the first day of the month
following the election.

(b) An administrative employee who is hired after the community
college district commences participation in the plan may make an election
to participate in the plan within the first six months of employment,
effective on the first day of the month following six full months of
employment.

(3) An administrative employee who does not elect to participate in
the optional retirement plan remains or becomes a member of the Public
Employees Retirement System in accordance with ORS chapters 238 and 238A.

(4) An administrative employee may elect to participate in the
optional retirement plan only if at the time the election becomes
effective the employee is not concurrently employed in a position with
any participating public employer other than the community college
district in a position that entitles the employee to membership in the
Public Employees Retirement System. Except as provided in subsection (9)
of this section, employees who elect to participate in the optional
retirement plan are ineligible for active membership in the Public
Employees Retirement System for as long as those employees are employed
by a community college district that participates in the plan, whether by
reason of employment by the district or any other participating public
employer.

(5)(a) An administrative employee who elects to participate in the
optional retirement plan, who has creditable service under ORS chapter
238 as defined by ORS 238.005 and who is not vested shall be considered
by the Public Employees Retirement Board to be a terminated member under
the provisions of ORS 238.095 as of the effective date of the election,
and the amount credited to the member account of the member shall be
transferred directly to the optional retirement plan by the Public
Employees Retirement Board in the manner provided by subsection (6) of
this section.

(b) An administrative employee who elects to participate in the
optional retirement plan, who has creditable service under ORS chapter
238 as defined by ORS 238.005 and who is vested shall be considered to be
an inactive member by the Public Employees Retirement Board and shall
retain all the rights, privileges and options under ORS chapter 238
unless the employee makes a written request to the Public Employees
Retirement Board for a transfer of the amounts credited to the member
account of the member to the optional retirement plan. A request for a
transfer must be made at the time the member elects to participate in the
optional retirement plan. Upon receiving the request, the Public
Employees Retirement Board shall transfer all amounts credited to the
member account of the member directly to the optional retirement plan and
shall terminate all rights, privileges and options of the employee under
ORS chapter 238.

(c) An administrative employee who elects to participate in the
optional retirement plan and who is not a vested member of the pension
program of the Oregon Public Service Retirement Plan as described in ORS
238A.115 on the date that the election becomes effective shall be
considered to be a terminated member of the pension program by the Public
Employees Retirement Board as of the effective date of the election.

(d) An administrative employee who elects to participate in the
optional retirement plan and who is a vested member of the pension
program of the Oregon Public Service Retirement Plan as described in ORS
238A.115 on the date that the election becomes effective shall be
considered an inactive member of the pension program by the Public
Employees Retirement Board as of the effective date of the election. An
employee who is subject to the provisions of this paragraph retains all
the rights, privileges and options of an inactive member of the pension
program. If the actuarial equivalent of the employee’s benefit under the
pension program at the time that the election becomes effective is $5,000
or less, the employee may make a written request to the Public Employees
Retirement Board for a transfer of the employee’s interest under the
pension program to the optional retirement plan. The request must be made
at the time the member elects to participate in the optional retirement
plan. Upon receiving the request, the Public Employees Retirement Board
shall transfer the amount determined to be the actuarial equivalent of
the employee’s benefit under the pension program directly to the optional
retirement plan and shall terminate the membership of the employee in the
pension program.

(e) An administrative employee who elects to participate in the
optional retirement plan and who is a vested member of the individual
account program of the Oregon Public Service Retirement Plan as described
in ORS 238A.320 on the date that the election becomes effective shall be
considered an inactive member of the individual account program by the
Public Employees Retirement Board as of the effective date of the
election. An employee who is subject to the provisions of this paragraph
retains all the rights, privileges and options of an inactive member of
the individual account program. An administrative employee who elects to
participate in the optional retirement plan and who is a member of the
individual account program of the Oregon Public Service Retirement Plan
may make a written request to the Public Employees Retirement Board that
all amounts in the member’s employee account, rollover account and
employer account, to the extent the member is vested in those accounts
under ORS 238A.320, be transferred to the optional retirement plan. The
request must be made at the time the member elects to participate in the
optional retirement plan. Upon receiving the request, the Public
Employees Retirement Board shall transfer the amounts directly to the
optional retirement plan and shall terminate the membership of the
employee in the individual account program.

(f) Notwithstanding paragraphs (b), (d) and (e) of this subsection,
the Public Employees Retirement Board shall not treat any employee as an
inactive member under the provisions of this subsection for the purpose
of receiving any benefit under ORS chapter 238 or 238A that requires that
the employee be separated from all service with participating public
employers and with employers who are treated as part of a participating
public employer’s controlled group under the federal laws and rules
governing the status of the Public Employees Retirement System and the
Public Employees Retirement Fund as a qualified governmental retirement
plan and trust.

(6) Any amounts transferred from the Public Employees Retirement
Fund under subsection (5) of this section shall be transferred directly
to the optional retirement plan by the Public Employees Retirement Board
and shall not be made available to the employee.

(7) An employee participating in the optional retirement plan shall
contribute monthly an amount equal to the percentage of the employee’s
salary that the employee would otherwise have contributed as an employee
contribution to the Public Employees Retirement System if the employee
had not elected to participate in the optional retirement plan.

(8) A participating community college district shall contribute
monthly to the optional retirement plan the percentage of salary for each
employee participating in the plan that is equal to the percentage of
salary that is required to be made as the employer contribution under ORS
238A.220, less any contributions made by reason of unfunded liabilities.
The district may make contributions under this subsection only during
periods of time in which the employee would be eligible for membership in
the Public Employees Retirement System if the employee had not elected to
participate in the optional retirement plan.

(9) An administrative employee who elects to participate in the
optional retirement plan may make an election to withdraw from the plan.
An employee may make an election under this subsection only once. Upon
withdrawing from the plan:

(a) All contributions made to the plan before the effective date of
the withdrawal remain credited to the employee;

(b) The employee becomes a member of the Public Employees
Retirement System under ORS chapter 238A if the member meets all
requirements for membership under ORS chapter 238A; and

(c) The employee is barred from ever again electing to participate
in the optional retirement plan.

(10) For the purposes of this section, “administrative employee”
means a president, vice president or dean, or a person holding a position
that is the equivalent of a president, vice president or dean. [2005
c.728 §2]BOUNDARY CHANGES(1) The State Board of Education shall constitute the boundary
board for making any changes in the boundaries of community college
districts. The state board on its own motion or on petition from a
petitioning territory may propose changes in the boundaries of a
community college district. The state board must find that the proposed
change will have no substantially adverse effect upon the ability of the
affected districts to provide and continue their programs and is not made
solely for tax advantages to property owners in the district or area
affected by the proposed change. The state board may submit the question
of a boundary change to a vote of the electors of the territories
affected by the boundary change. The election must be held on the same
day in both of the affected territories.

(2) A petition shall be in a form prescribed by the state board and
must contain such information as the state board may require. The
petition shall contain a minimum number of signatures as fixed by the
state board.

(3) Before any order changing boundaries of an existing district is
entered, the state board shall set dates for a public hearing in the area
to be included in the district or excluded from the district by the
proposed boundary change and in the case of annexation of new territory
in the principal town of the existing district and shall give notice in
the manner required in ORS 341.357. At the time set in the notice, the
state board or its authorized representative shall conduct a public
hearing on the motion or petition and may adjourn the hearing from time
to time.

(4) If, upon final hearing, the state board approves the motion or
petition or affirms the vote of the electors of the affected territories,
the state board shall make an order describing the revised boundaries of
the district. The order becomes final when the order is approved by the
Legislative Assembly. If the order is not approved, the state board may
revise the order and resubmit the order to the Legislative Assembly but
not sooner than 60 days after the action of disapproval was taken.

(5) Any division of assets and liabilities required by a change in
the boundaries of a district shall be made pursuant to ORS 341.573.

(6) When the boundaries of a district are changed, if the final
order of the state board or an election held under ORS 341.569:

(a) Occurs between July 1 and March 31, inclusive, the change takes
effect on the June 30 following the final order or election favoring the
change.

(b) Occurs between April 1 and June 30, inclusive, the change takes
effect on the June 30 of the following year.

(7) For purposes of ad valorem taxation, a boundary change must be
filed in final approved form with the county assessor and the Department
of Revenue as provided in ORS 308.225. [1971 c.513 §83; 1977 c.827 §2;
1995 c.67 §26; 2001 c.138 §16; 2003 c.574 §3] (1) The State Board of
Education shall submit the question of a proposed boundary change to a
vote if:

(a) The state board enters the order to revise the boundaries of a
community college district;

(b) A remonstrance is filed with the state board within 20 days
after the date on which the hearing under ORS 341.565 is adjourned
finally;

(c) The remonstrance is signed by at least five percent of the
electors or at least 500 of the electors, whichever is less, in:

(A) An area to be included in the district or excluded from the
district by the proposed boundary change; or

(B) The existing community college district; and

(d) The area to be included in the district is not surrounded by
the territory of a single community college district.

(2) When necessary under subsection (1) of this section, the
question shall be submitted to the electors of the area or district
filing a remonstrance or in both if remonstrances meeting the
requirements of subsection (1) of this section are filed from both.

(3) If the proposed boundary change is defeated, the same or a
substantially similar change may not be considered until at least 12
months have elapsed from the date of the election at which the change was
defeated. If the vote is favorable in the area or district from which a
remonstrance was filed, the state board shall declare the change
effective on the date determined under ORS 341.565. [1971 c.513 §84; 1983
c.350 §210; 1983 c.740 §107; 2003 c.574 §4] (1) When changes in
district boundaries are made by the detachment of territory or an
annexation of territory and another community college district is
affected, the boards of the districts shall make an equitable division of
the then existing assets and liabilities between the districts affected
by such change and provide the manner of consummating the division.

(2) In case of failure to agree within 20 days from the time of
such change, the matter shall be decided by a board of arbitrators. The
board of arbitrators shall consist of one member appointed by each of the
boards of the affected districts and an additional member appointed by
the other appointees.

(3) In the event any such board fails to appoint an arbitrator
within 30 days, the State Board of Education shall appoint such
arbitrator. In the event the arbitrators selected fail to appoint the
additional arbitrator within 30 days after the appointment of the
arbitrator last appointed, the State Board of Education shall notify the
judge senior in service of the circuit court of the principal county.
Within 10 days after receiving such notice, the judge shall appoint one
additional arbitrator.

(4) Each member of the board of arbitrators shall be entitled to
the sum of $100 per day for each day’s service, and necessary expenses,
while serving in the official capacity of the member. Expenses thus
incurred shall be equally apportioned among the districts concerned.

(5) A party to an arbitration under this section may seek
confirmation, vacation, modification or correction of the arbitrator’s
decision as provided in ORS 36.700, 36.705 and 36.710. A court may vacate
an award only if there is a basis to vacate the award described in ORS
36.705 (1)(a) to (d). The court may modify or correct an award only for
the grounds given in ORS 36.710.

(6) Assets include all property and moneys belonging to the
district at the time of division. Liabilities include all debts for which
the respective districts in their corporate capacities are liable at the
time of division. In determining the assets, property shall be estimated
at its fair value. The assets and liabilities shall be divided between
the districts in proportion to the last assessed value of the real and
personal property. The district retaining the real property shall pay the
other districts concerned such sums as are determined in accordance with
the provisions of this section. All funds to be apportioned during the
current fiscal year, after such division, shall be made in proportion to
the number of persons in each district according to the latest federal
census. [1971 c.513 §85; 1979 c.772 §22; 2003 c.598 §40] When territory is
annexed to or merged with a community college district, the new territory
shall become liable for its share of the existing debt of the community
college district. [1971 c.513 §95](1) Notwithstanding any
other provision of this chapter, when the new territory annexed to an
existing community college district is greater in population than the
original territory, based upon the latest federal census, the provisions
of this section shall govern the community college district for a period
of not less than 10 years after the effective date of the boundary change.

(2) Program access and facilities for students shall be maintained
in the original territory for a period of not less than 20 years while
programs and facilities for students are developed in the new territory.

(3)(a) After the approval by the electors of both the original
territory and the new territory of the boundary change, the mode of
election of board members shall be changed as provided in this
subsection. The term of office of a board member shall be four years.
Electors of each of the seven zones shall elect a board member.

(b) No later than the 90th day after the boundary change election
under ORS 341.579 (1), five zones for the new territory shall be
established by the State Board of Education.

(c) No later than June 30, two zones for the original territory
shall be established by the State Board of Education before the election
of the first director to either zone as provided in this subsection.

(d) Zones shall be established with the boundaries exclusively
within the original territory or exclusively within the new territory,
and with the zones as nearly equal in population as is feasible according
to the latest federal census.

(e) An elector may sign a petition of nomination and may vote only
for a candidate from the zone in which the elector resides.

(f) The four-year terms of office pertaining to the five numbered
zones of the original territory shall continue until the regularly
scheduled June 30 termination date of each expires. A board member shall
be nominated and elected in the same numbered zone in the new territory
at the regular district election immediately preceding the June 30 date,
and the director from that zone shall take office on the July 1 following
the date of election.

(g) Board members nominated and elected to office by zone in the
original territory, and any person elected or appointed to fill any
vacancy in such office, shall continue to hold office until the
expiration of the board member’s term.

(h)(A) The two at-large board positions in the original territory
shall become the two zoned positions of the original territory after that
June 30 on which the last zone of the original territory no longer is in
effect.

(B) At that time, the directors in office in the two at-large board
positions in the original territory shall each be assigned that zone in
which each resides, if both reside in separate zones.

(C) If the two directors reside in the same zone, then that
director elected by the greater number of votes between the two directors
at large shall hold the board position for the territory of the zone in
which the director resided at the date of election, and the other
director shall hold the board position of the other zone.

(D) Such board members shall continue in office until their
respective terms of at-large election expire, provided any vacancy
occurring in a board member’s office before the expiration of such term
shall be filled until expiration by appointment by the board of a
resident of the board member’s zone.

(4) The board shall appoint an advisory committee of seven members,
including three from the original territory and three from the new
territory. The board shall appoint a seventh, at-large member from a list
of persons nominated by the advisory committee. The at-large member shall
be the chairperson. The advisory committee members shall be appointed,
and may be reappointed, for terms of three years, and the terms shall be
staggered so that approximately one-third of the terms of the members end
each year. The board shall give deliberative consideration to all
recommendations of the advisory committee concerning policy related to
district organization, educational services and facilities in regard to
both the original territory and the new territory.

(5) Subject to ORS 294.336, members of the advisory committee shall
be appointed to the community college district budget committee. The
community college district budget committee shall review and recommend
budgets established and delineated by territory based on revenues and
resources available.

(6) The chief administrative officer of the district shall maintain
the administrative office of the district in the original territory.

(7) Collective bargaining shall be maintained uniformly across the
original territory and new territory.

(8) After receiving any recommendation of the advisory committee,
the board may continue one or more of the provisions of subsections (1)
and (3) to (7) of this section in effect for an indefinite period after
the expiration of the 10-year period referred to in subsection (1) of
this section.

(9) The original territory shall remain liable for the existing
debt of the community college district payable from ad valorem property
taxes levied specifically for the payment of such indebtedness. [1995
c.357 §2](1) The State Board of Education shall submit the
question of any boundary change pertaining to a community college
district subject to ORS 341.577 to a vote of the electors held the same
day in both the original territory and the new territory.

(2) If the proposed boundary change is defeated in either
territory, the same or a substantially similar change shall not be
considered until at least 12 months have elapsed from the date of the
election at which the proposed change was defeated. If the vote is
favorable in both the original territory and the new territory, and
subject to determination by the state board that there is a legislative
appropriation to the Community College Support Fund established in ORS
341.620 to support the new district resulting from the boundary change at
a level commensurate with support for other community college districts,
then the state board shall declare the change effective on the date
determined under ORS 341.565. Implementation of the state board’s order
shall take place only if the funds needed to accommodate the impact of
annexation on other local education districts are appropriated
specifically for that purpose by the Legislative Assembly or allocated by
the Emergency Board. [1995 c.357 §3]EXPANSION OF COMMUNITY COLLEGE DISTRICTSAs used in ORS 341.604 to 341.618,
“district” means the:

(1) Blue Mountain Community College District, a political
subdivision and municipal corporation of the state organized pursuant to
this chapter; and

(2) Rogue Community College District, a political subdivision and
municipal corporation of the state organized pursuant to this chapter.
[1995 c.357 §4; 1999 c.1027 §5] (1) If
expansion of a district is approved by the voters, the Legislative
Assembly shall:

(a) For the Rogue Community College District, initially classify
and designate two service areas within the district. The first service
area shall be coterminous with the boundaries of Jackson County or such
portion thereof as is included in the expanded district approved by the
voters. The second service area shall be coterminous with the boundaries
of Josephine County.

(b) For the Blue Mountain Community College District, classify and
designate service areas within the district. The boundaries of the
service areas shall be coterminous with the boundaries of the counties
within the district.

(2) Thereafter, the district board by resolution may designate as
additional service areas any territory or territories within the district
that are benefited by the acquisition, construction and installation of
community college facilities. Each additional service area designated by
the district board shall be located entirely within the territory of a
service area designated in subsection (1) of this section. In no event
shall the district board designate as a service area any portion of the
district incorporating territory located within two or more service areas
designated in subsection (1) of this section.

(3) The district board may not amend the boundaries of the service
areas designated in subsection (1) of this section. The district board
may by resolution amend the boundaries of any additional service area
designated pursuant to subsection (2) of this section to conform to
changes in the community college services provided by the district.
However, the boundaries of a service area may not be amended if bonded
indebtedness issued pursuant to ORS 341.611 or any other indebtedness for
the benefit of such service area is then outstanding. [1995 c.357 §5;
1999 c.1027 §6; 2003 c.574 §5] (1) Subject to
restrictions in the Oregon Constitution and subsection (2) of this
section, any of the methods of financing authorized under this chapter or
any other provision of law that is available to community college
districts organized pursuant to this chapter may, in the discretion of
the district board, be implemented from time to time in a specific
service area, or in one or more specific service areas simultaneously.

(2) If expansion of the district is approved by the voters, no
bonded indebtedness or other indebtedness may be incurred for the general
benefit of the district as a whole. Any bonded indebtedness designated to
be for the benefit of service areas constituting substantially all of the
territory within the boundaries of the service areas created or
designated in ORS 341.604 shall be deemed to be incurred for the general
benefit of the district as a whole, and shall be outside the authority
conferred by this section. In place of such authority the district may
incur bonded indebtedness or other indebtedness for the benefit of a
specific service area upon satisfaction of the conditions set forth in
ORS 341.611 and 341.613. [1995 c.357 §6] An election shall be held
to determine if a district may contract a bonded indebtedness for the
benefit of a specific service area. Only the district voters residing in
the territory of the affected service area shall be entitled to vote at
such election. The district board may order the election on its own
motion, or shall order the election if a petition is filed as provided in
ORS 341.678 on behalf of the voters of such service area. The election
shall be held in accordance with the provisions of ORS 341.356 to
341.379. [1995 c.357 §7] (1) Following
authorization from the voters of a service area, the district board may
contract a bonded indebtedness to be paid by a tax levy on the taxable
property within such service area for any one or more of the purposes set
forth in ORS 341.675. Any land acquired, college building or buildings or
any additions thereto, and any real or personal property to be paid for
with the proceeds of such bonded indebtedness must be located within the
boundaries of such service area.

(2) The aggregate amount of bonded indebtedness incurred for the
benefit of a service area, when added to the aggregate amount of other
bonded indebtedness payable from ad valorem property taxes levied within
such service area, shall not exceed one and one-half percent of the real
market value of all taxable property within such service area, computed
in accordance with ORS 308.207. [1995 c.357 §8](1) The district board shall ascertain
and levy annually, in addition to all other taxes, a direct ad valorem
tax on all the taxable property within the territory of a service area
sufficient to pay promptly, when and as such payments become due, the
maturing interest and principal of all bonds outstanding for the specific
benefit of such service area that have been approved at an election held
pursuant to ORS 341.678 within such service area. The amount of the tax
may be increased by an amount sufficient to retire any bonds that may be
callable.

(2) Funds derived from a tax levy within a service area
specifically for the purpose of paying bonded indebtedness shall be
applied solely to the payment of the bonds for which such taxes were
levied and shall not be applied to the payment of any other indebtedness
of the district.

(3) Bonds authorized pursuant to the terms hereof, and any bonds
refunding such bonds, shall be advertised and sold in accordance with the
procedures set forth in ORS 287.028 or 341.702, as determined by the
district board. [1995 c.357 §9] Except to
the extent that they are inconsistent with the provisions of ORS 341.604
to 341.618 or rules adopted thereunder, the provisions of ORS 341.675 to
341.715 shall apply to bonds authorized pursuant to ORS 341.604 to
341.618 and to taxes levied to pay such bonds. [1995 c.357 §10](1) Notwithstanding ORS
341.575, when territory is annexed to the Blue Mountain Community College
District, the new territory shall not become liable for any existing debt
of the Blue Mountain Community College District that resulted from the
bond measure that was approved by the people at the general election held
on November 3, 1998.

(2) Notwithstanding ORS 341.575, when territory within Hood River
County is annexed to the Columbia Gorge Community College District, the
new territory shall not become liable for any existing debt of the
Columbia Gorge Community College District that resulted from a bond
measure that was approved by the people at a general election held prior
to January 1, 2001. [1999 c.1027 §2; 2001 c.836 §1]Note: Section 4, chapter 1027, Oregon Laws 1999, provides:

Sec. 4. Provisions governing annexation of new territory into Blue
Mountain Community College District. (1) Notwithstanding any other
provision of this chapter [ORS chapter 341], if new territory is annexed
to the existing Blue Mountain Community College District prior to July 1,
2001, the provisions of this section shall govern the Blue Mountain
Community College District for a period of not less than 10 years after
the effective date of the boundary change.

(2) Program access and facilities for students shall be maintained
in the original territory for a period of not less than 20 years while
programs and facilities for students are developed in the new territory.

(3)(a) After approval of the boundary change by the Emergency Board
or by the electors of both the original territory and the new territory,
the mode of election of board members shall be changed as provided in
this subsection.

(b) No later than the 90th day after the boundary change is
approved, seven zones for the new and existing territory shall be
established by the State Board of Education.

(c) Zones shall be established with the boundaries exclusively
within the original territory or exclusively within the new territory,
and with the zones as nearly equal in population as is feasible according
to the latest federal census.

(d) An elector may sign a petition of nomination and may vote only
for a candidate from the zone in which the elector resides.

(e) Board members nominated and elected to office in the original
territory, and any person elected or appointed to fill any vacancy in
such office, shall continue to hold office until the expiration of the
board member’s term. As vacancies occur, positions to be filled by
nomination or election by zone shall be filled by persons who reside
within zones in the new territory that are not represented on the board.
If more than one zone is not represented on the board when a vacancy
occurs, the zone entitled to elect a board member shall be decided by lot.

(f) A board member shall be nominated and elected in the same
numbered zone at the regular district election immediately preceding the
June 30 termination date, and the director from that zone shall take
office on the July 1 following the date of election. The term of office
of a board member shall be four years. Electors of each of the seven
zones shall elect a board member.

(4) The board shall appoint an advisory committee that includes one
member from each county in the community college district. The board
shall appoint an additional, at-large member from a list of persons
nominated by the advisory committee. The at-large member shall be the
chairperson of the advisory committee. The advisory committee members
shall be appointed, and may be reappointed, for terms of three years, and
the terms shall be staggered so that approximately one-third of the terms
of the members end each year. The board shall give deliberative
consideration to all recommendations of the advisory committee concerning
policy related to district organization, educational services and
facilities in regard to both the original territory and the new territory.

(5) Subject to ORS 294.336, members of the advisory committee shall
be appointed to the community college district budget committee. The
community college district budget committee shall review and recommend
budgets established and delineated by territory based on revenues and
resources available.

(6) The chief administrative officer of the district shall maintain
the administrative office of the district in the original territory.

(7) Collective bargaining shall be maintained uniformly across the
original territory and new territory.

(8) After receiving any recommendation of the advisory committee,
the board may continue one or more of the provisions of subsections (1)
and (3) to (7) of this section in effect for an indefinite period after
the expiration of the 10-year period referred to in subsection (1) of
this section.

(9) The original territory shall remain liable for the existing
debt of the community college district payable from ad valorem property
taxes levied specifically for the payment of such indebtedness. [1999
c.1027 §4]AID FOR OPERATION There is established a
Community College Support Fund in the General Fund. [Derived from 1991
c.162 §1; 1995 c.67 §27] (1) Subject to rules
adopted by the State Board of Education and to ORS 291.230 to 291.260,
the Commissioner for Community College Services shall distribute state
aid to each community college district and community college service
district.

(2) The rules adopted by the State Board of Education shall provide:

(a) No state aid for hobby and recreation classes;

(b) Procedures for proper and accurate record keeping;

(c) Procedures that will insure reasonable year to year stability
in the delivery of appropriated moneys to the colleges; and

(d) Procedures to insure that the full state appropriation is
delivered to the colleges.

(3) Upon compliance with the rules adopted by the State Board of
Education, the commissioner shall, as soon as practicable following the
receipt of required reports from the districts, prepare, certify and
transmit to the Oregon Department of Administrative Services the names
and the amounts due each district. The Oregon Department of
Administrative Services shall audit the amounts certified by the
commissioner and draw its warrants on the State Treasury payable out of
the General Fund to the districts. [1987 c.474 §10 (enacted in lieu of
341.625)](1) In determining the amount of apportionment to the
community college from the General Fund under ORS 341.626, tuition and
fees allowed for scholarships authorized by ORS 341.485 shall be
considered as paid by the student.

(2) The district shall include the high school student attending
the community college in determining the number of equivalent full-time
students in classes for purposes of ORS 341.626 and other laws governing
the distribution of state and federal funds to such colleges. [Subsection
(1) enacted as 1965 c.148 §2; subsection (2) enacted as 1965 c.262 §7;
1971 c.513 §66; 1989 c.258 §1; 1993 c.45 §141; 1995 c.67 §29](1) As used in this section “approved expenses” means the
operating expenses of community college districts for professional
technical education programs which have been approved by the Commissioner
for Community College Services.

(2) Federal moneys received for purposes of reimbursing community
college districts for professional technical education programs may be
used by the districts to pay approved expenses. [1965 c.487 §2; 1967
c.433 §7; 1971 c.513 §67; 1987 c.474 §12; 1993 c.45 §§142,143] A
community college district that operates a free public library pursuant
to ORS 357.410 shall not include or reflect the operating or construction
costs attributable to such library that are in addition to the costs
otherwise incurred for library facilities or services for the community
college in any computation of eligibility for state aid for operation or
construction at the community college. However, a community college
district that operates a free public library is eligible for any federal
funds to which it would otherwise be entitled for public library
purposes. [1975 c.112 §11] (1) The
receiving community college shall be awarded funds from the contracted
out-of-district funds appropriated to the Department of Community
Colleges and Workforce Development if the college operates the program
under a contract with an apprenticeship training committee and the
contract is approved by the Department of Community Colleges and
Workforce Development.

(2) A community college district may submit full-time equivalencies
generated by apprenticeship programs to the Department of Community
Colleges and Workforce Development for reimbursement from the Community
College Support Fund for purposes of ORS 341.626 but may not submit for
reimbursement those full-time equivalencies generated through contracts
under subsection (1) of this section. [1979 c.311 §1; 1995 c.67 §30]FINANCE(Bonds Issued by Districts)
(1) A community college district may contract a bonded indebtedness for
any one or more of the following purposes in and for the district:

(a) To acquire, construct, reconstruct, improve, repair, equip or
furnish a college building or buildings or additions thereto;

(b) To acquire or to improve all property, real and personal,
appurtenant thereto or connected therewith, including self-financing
facilities;

(c) To fund or refund outstanding indebtedness; and

(d) To provide for the payment of the debt.

(2) The community college district may use the proceeds received
from the sale of bonds to pay for any costs incurred by the district in
issuing and selling such bonds, including but not limited to, attorney
fees and the cost of publishing notices of bond elections, printing such
bonds and advertising such bonds for sale.

(3) The aggregate amount of such district bonded indebtedness shall
not exceed one and one-half percent (0.015) of the real market value of
all taxable property within the district, computed in accordance with ORS
308.207.

(4) For purposes of any law relating to bonded indebtedness,
“community college district” includes a “community college service
district.” [1971 c.513 §§37,43; 1991 c.459 §385; 1997 c.271 §2] (1) To determine whether a
community college district should contract a bonded indebtedness for any
one or more purposes described in ORS 341.675, the question shall be
decided by election. The district board may order the election on its own
motion or shall order the election if a petition is filed as provided in
this section.

(2) The requirements for preparing, circulating and filing a
petition under this section shall be as provided for an initiative
petition in ORS 255.135 to 255.205. The petition shall state the amount
of the proposed bonded indebtedness and the purposes for which the
indebtedness shall be contracted. [1983 c.350 §212 (enacted in lieu of
341.679); 1993 c.45 §145] (1) If the electors of the district
voting on the question of contracting bonded indebtedness approve the
question, the board of the district may issue negotiable coupon bonds of
the district.

(2) The bonds shall:

(a) Bear interest at a rate of interest determined by the board
pursuant to ORS 288.520, payable semiannually.

(b) Bear the original or facsimile signature of the chairperson of
the board and be attested by the district clerk.

(c) Have annexed interest coupons bearing the original or facsimile
signatures of the chairperson of the board and the district clerk.

(3) The principal and interest on district bonds are payable in
lawful money of the United States of America at the office of the paying
agent and registrar or at the place the bonds are issued. [1971 c.513
§§40,41,42; 1981 c.94 §29; 1983 c.347 §25; 1983 c.350 §213; 1995 c.67 §31] (1) The
paying agent and registrar as appointed in accordance with ORS 288.570
shall register each community college district bond, including refunding
bonds, in a record maintained for that purpose in the office of the
paying agent and registrar, noting the community college district,
amount, date, time and place of payment, rate of interest and such other
facts as the paying agent and registrar may consider proper. The paying
agent and registrar shall cause the bonds to be delivered promptly to the
purchasers thereof upon payment therefor, and if the place of delivery is
outside the city in which the paying agent and registrar’s office is
situated, the cost of delivery of the bonds shall be paid by the issuing
district.

(2) The paying agent and registrar shall hold the proceeds of the
sale of all bonds for the community college district subject to the order
of the board of the district to be used solely for the purpose for which
the bonds were issued. The paying agent and registrar is authorized to
deliver the proceeds of the sale of the bonds to the person designated as
custodian of the community college district funds under ORS 341.703.

(3) When the bonds have been so executed, registered and delivered,
their legality shall not be open to contest by the community college
district, or by any person for or on its behalf, for any reason whatever.
[1971 c.513 §44; 1995 c.67 §32](1) The board of the district shall ascertain and levy annually, in
addition to all other taxes, a direct ad valorem tax on all the taxable
property in the district, sufficient to pay the maturing interest and
principal of all community college district bonds outstanding promptly
when and as such payments become due. The amount of the tax may be
increased by an amount sufficient to retire any bonds which may be
callable. The board shall annually file a copy of its budget and levies
with the paying agent and registrar. The board shall in each year include
such taxes in the district budget for such year. Such taxes shall in each
year be certified, extended upon the tax rolls and collected by the same
officers in the same manner and at the same time as the taxes for general
district purposes.

(2) The funds derived from such tax levies shall be retained by the
paying agent and registrar without being paid to the district or to any
officer thereof, and shall be kept by the paying agent and registrar in a
separate fund to be known as and designated “______Community College
District Bond Interest and Sinking Fund,” which shall be irrevocably
pledged to and used solely for the payment of the interest accruing on
and the principal of the bonds when due, so long as any of the bonds or
the coupons thereto appertaining remain outstanding and unpaid. The
interest earnings of such fund shall be credited thereto and become a
part thereof. For failure to retain and account for such funds, as
provided in this section, the paying agent and registrar shall be liable
upon the official bond of the paying agent and registrar.

(3) The fund shall not be diverted or used for any other purpose;
but if a surplus remains after all interest and principal have been paid
on all community college district bonds then outstanding and unpaid, the
surplus may be transferred to such other fund as the board of the
district may direct.

(4) If the tax required by subsection (1) of this section is not
levied by the board of the district, the paying agent and registrar shall
certify the county share, based on the proportion of the assessed
valuation of the community college district located in the county, to the
governing body of each county in which territory of the district is
located which shall then levy a tax on all taxable property within the
county that is in the district sufficient to raise the required amount.

(5) The county assessors shall extend the tax so levied upon the
county tax rolls for such district. The county sheriffs shall collect
this tax and pay the sums collected into the fund kept by the paying
agent and registrar pursuant to subsection (2) of this section. [1971
c.513 §45; 1995 c.67 §33] (1) The paying
agent and registrar must cause to be paid out of any money in the hands
of the paying agent and registrar belonging to the community college
district, the interest on or principal of, as the case may be, any bond
issued by the district promptly when and as the same becomes due at the
place of payment designated in such coupons or bonds. All coupons or
bonds so paid must be immediately reported to the board of the district.

(2) The paying agent and registrar shall not be required to remit
to the purchaser of any bonds or coupons the amount necessary to redeem
them until the day such bonds or coupons are due. [1971 c.513 §46; 1995
c.67 §34] (1) Whenever the sinking fund
mentioned in ORS 341.690 equals the amount, principal and interest, of
any bond then due or subject at the option of the district to be paid or
redeemed when authorized by the board of the district, the paying agent
and registrar shall notify the holder of such bond and publish a notice
in the newspaper published in the district in compliance with ORS 193.010
to 193.100. The notice shall state that the paying agent and registrar
will, within 30 days from the date of the notice, redeem and pay any such
bond then redeemable and payable, giving priority according to the date
of issuance numerically. Upon presentation of any such bond at the place
of payment specified therein, the paying agent and registrar shall cause
the bond to be paid. If any holder of such bond fails to present it at
the time mentioned in the notice, the interest thereon shall cease, and
the paying agent and registrar shall thereafter pay only the amount of
such bond and the interest accrued thereon up to the last day of the time
of redemption mentioned in the notice.

(2) When any bonds are so redeemed or paid, the paying agent and
registrar shall cause the same to be canceled and write across the face
thereof “redeemed” and the date of redemption, and shall deliver it to
the board of the district, taking its receipt therefor. [1971 c.513 §47;
1995 c.67 §35] (1) Whenever any community college
district has any outstanding bonded indebtedness, which is due or subject
at the option of the district to be paid or redeemed, the district, by
and through the board of the district, may:

(a) Issue and exchange, for any such indebtedness, its bonds
bearing the rate of interest determined by the board pursuant to ORS
288.520; or

(b) Issue and sell such bonds and apply the proceeds of such sale
in payment of the indebtedness for the payment of which the refunding
bonds are proposed to be issued.

(2) Refunding bonds issued under subsection (1) of this section
shall in all respects conform to, and be governed, as to their issue, by
ORS 287.008, 341.675 (3) and 341.681.

(3) The refunding of indebtedness and issuing of bonds for such
purpose shall not require an election, but may be done by resolution of
the board of the district at any legally called board meeting. The debt
limitations imposed by law shall not affect the right of any district to
issue refunding bonds under authority of this section. The validity of
any bonds so issued, or of the indebtedness thereby refunded, shall not
thereafter be open to contest by the district or by any person for any
reason whatever. [1971 c.513 §48; 1981 c.94 §30; 1983 c.347 §26; 1993
c.45 §146] All legally authorized and
issued general obligation bonds or revenue bonds shall be advertised and
sold in the manner prescribed in ORS 287.014 to 287.022. [1975 c.642 §23
(enacted in lieu of 341.701)](Custody and Expenditure of Funds)(1) The board of a community college district shall
designate a custodian of funds of the district. Funds shall be disbursed
only in the manner provided by subsection (3) of this section.

(2) For the purpose of receiving deposits of community college
funds, the board of the district shall designate such bank or banks, as
the board deems safe and proper depositories for district funds. The
custodian designated under subsection (1) of this section shall not be
liable personally or upon the official bond of the custodian for moneys
lost by reason of failure or insolvency of any bank which becomes a
depository under this subsection.

(3) When funds are available for payment, district obligations
shall be paid by check bearing the original signature of the custodian of
the district funds; or if authorized by the board of the district, the
custodian’s facsimile signature.

(4) Where a statute specifies a warrant as the means by which
district obligations shall be paid, warrant means “check” if funds are
available for payment. [1971 c.513 §50; 1995 c.67 §36] (1) As used in this section, “community
college district obligation” includes salaries of district employees and
other regularly contracted services.

(2) Warrants in payment of district obligations shall be issued
only when there are insufficient funds to pay the warrant and shall be
indorsed “not paid for want of funds.” Warrants may be issued at the end
of each month, if necessary. Warrants shall not be issued without a vote
of the board of the district. They must be signed by the chairperson of
the board and countersigned by the district clerk. If the chairperson is
absent or unable to execute the warrants, the board may authorize any
member of the board to act as chairperson in executing the warrants.

(3) Unless the board of the district has designated a lower rate of
interest, which rate must appear on the face of the warrants, warrants
indorsed “not paid for want of funds” shall draw interest at a rate not
to exceed seven percent (0.07) from date of indorsement until called.

(4) Funds becoming available for payment of warrants indorsed “not
paid for want of funds” shall be applied in payment in the order in which
the warrants were so indorsed.

(5) At the last regular school board meeting of the district
preceding July 1 in each year, the district clerk shall certify to the
board a list of all district warrants which were called for payment more
than seven years prior to July 1 next following the meeting, and which
have not been paid. The certification shall state the amount of each of
such warrants, to whom issued, and date of issuance. The board of the
district shall cause notice to be published in some newspaper having a
general circulation in the district. The notice shall contain a statement
that if such warrants are not presented for payment within 60 days from
July 1, they will be canceled, and payment thereof will be refused.

(6) At the first regular meeting of the board in each district
after the expiration of 60 days from July 1 in each year, the board shall
make an order that all such warrants which have not been so presented for
payment, describing them, shall be canceled and the board shall so cancel.

(7) Nothing in this section prohibits a board from paying, upon any
claim arising from the canceling of any such warrant, the principal of
the warrant when presented without interest if not indorsed for want of
funds and, if indorsed for want of funds, with interest to the date such
warrant was called. [1971 c.513 §52](Audits) (1) The board of a community college
district shall cause to have prepared an annual audit of the books and
accounts of the district, including but not limited to student body
funds, athletic funds, cafeteria funds, and other similar funds collected
by the college. The audit statements must be filed with the
administrative office for the district on or before December 31 of the
year in which the audit is conducted.

(2) Accountants employed under this section must be selected from
the roster of authorized municipal accountants maintained by the Oregon
Board of Accountancy under ORS 297.670. [1971 c.513 §51; 1987 c.159 §1](Notes) (1) As provided by ORS
288.165, the board of a community college district may contract
indebtedness by the issuance of short-term promissory notes for the
purpose of meeting current expenses, retiring outstanding bonds or
warrants, or paying the interest thereon.

(2) The board of the district in which indebtedness was incurred
under this section shall levy an annual tax on all taxable property in
the district sufficient to meet the interest payments and retire the
indebtedness, but no tax shall be necessary where other provisions are
made for payment of the indebtedness. [1971 c.513 §53; 1983 c.124 §10;
1985 c.356 §5; 1993 c.97 §26](Bonds Issued by State) (1) To provide funds to
community college districts for the purposes specified in Article XI-G of
the Oregon Constitution, the State Treasurer may issue bonds at the
request of the State Board of Education in accordance with the provisions
of ORS 286.031 to 286.061.

(2) The State Treasurer may not issue bonds pursuant to Article
XI-G of the Oregon Constitution under subsection (1) of this section for
a community college project unless a grant agreement has been entered
into pursuant to ORS 341.735 between the Department of Community Colleges
and Workforce Development and the community college district that is
receiving the bond proceeds. [2005 c.787 §20]Note: Sections 18 and 25, chapter 787, Oregon Laws 2005, provide:

Sec. 18. (1) Pursuant to Article XI-G of the Oregon Constitution
and ORS 286.031 to 286.061 and section 20 of this 2005 Act [341.721], the
State Treasurer may sell, at the request of the State Board of Education,
general obligation bonds of the State of Oregon of the kind and character
and within the limits prescribed by Article XI-G of the Oregon
Constitution, as the treasurer determines, but in no event may the
treasurer sell more than the aggregate principal sum of $38,500,000 par
value for the biennium beginning July 1, 2005. The moneys realized from
the sale of the bonds shall be appropriated and may be expended for the
purposes set forth in section 3 of this 2005 Act and for payment for
capitalized interest and costs incidental to issuance of the bonds.

(2) In compliance with the requirements of Article XI-G of the
Oregon Constitution, funds available under the expenditure limitation for
bonds issued pursuant to Article XI-G of the Oregon Constitution in
section 3 (1) of this 2005 Act are matched with the General Fund
appropriation made under section 26 of this 2005 Act.

(3) In compliance with the requirements of Article XI-G of the
Oregon Constitution, funds available under the expenditure limitation for
bonds issued pursuant to Article XI-G of the Oregon Constitution in
section 3 (2) of this 2005 Act are matched with the General Fund
appropriation made under section 27 of this 2005 Act.

(4) In compliance with the requirements of Article XI-G of the
Oregon Constitution, funds available under the expenditure limitation for
bonds issued pursuant to Article XI-G of the Oregon Constitution in
section 3 (3) of this 2005 Act are matched with the General Fund
appropriation made under section 28 of this 2005 Act.

(5) In compliance with the requirements of Article XI-G of the
Oregon Constitution, funds available under the expenditure limitation for
bonds issued pursuant to Article XI-G of the Oregon Constitution in
section 3 (4) of this 2005 Act are matched with the General Fund
appropriation made under section 29 of this 2005 Act.

(6) In compliance with the requirements of Article XI-G of the
Oregon Constitution, funds available under the expenditure limitation for
bonds issued pursuant to Article XI-G of the Oregon Constitution in
section 3 (5) of this 2005 Act are matched with the General Fund
appropriation made under section 30 of this 2005 Act.

(7) In compliance with the requirements of Article XI-G of the
Oregon Constitution, funds available under the expenditure limitation for
bonds issued pursuant to Article XI-G of the Oregon Constitution in
section 3 (6) of this 2005 Act are matched with the General Fund
appropriation made under section 31 of this 2005 Act.

(8) In compliance with the requirements of Article XI-G of the
Oregon Constitution, funds available under the expenditure limitation for
bonds issued pursuant to Article XI-G of the Oregon Constitution in
section 3 (7) of this 2005 Act are matched with the General Fund
appropriation made under section 32 of this 2005 Act. [2005 c.787 §18]

Sec. 25. Notwithstanding section 3 of this 2005 Act, at the request
of the State Board of Education, the State Treasurer may issue bonds for
a project listed in section 3 of this 2005 Act:

(1) If the total amount from other revenues, including federal
funds, identified for the project in the expenditure limitation in
section 3 of this 2005 Act has been received by the Department of
Community Colleges and Workforce Development; or

(2) After the department reports to the Emergency Board, if the
total amount from other revenues, including federal funds, identified for
the project in the expenditure limitation in section 3 of this 2005 Act
has not been received by the department. [2005 c.787 §25] (1) The
Community College Capital Construction Fund is established separate and
distinct from the General Fund. Interest earned on moneys in the
Community College Capital Construction Fund shall be credited to the fund.

(2) Moneys in the Community College Capital Construction Fund are
appropriated continuously to the Department of Community Colleges and
Workforce Development and may be disbursed by the department for the
construction, remodeling, expansion and renovation of facilities at
community colleges pursuant to grant agreements entered into between the
department and community college districts under ORS 341.735. [2005 c.787
§21]Note: Sections 26 to 32, chapter 787, Oregon Laws 2005, provide:

Sec. 26. Columbia Gorge Community College Facilities Account. (1)
There is established in the General Fund an account to be known as the
Columbia Gorge Community College Facilities Account. Moneys in the
account shall be used to construct, improve, repair, equip and furnish
facilities for the Columbia Gorge Community College District.

(2) The account may consist of the following moneys that have been
deposited in the account by the Department of Community Colleges and
Workforce Development at the request of the Columbia Gorge Community
College District for the purposes listed in subsection (1) of this
section:

(a) Moneys from federal and local governments;

(b) Donations;

(c) Community College Support Fund moneys transferred to the
account by the department at the request of the community college
district;

(d) Building reserve funds of the community college district
transferred to the department from the community college district; and

(e) Proceeds from the sale of bonds issued by the community college
district.

(3) Interest earned on moneys in the account shall be credited to
the account.

(4) The account may not be credited with more than $7,500,000 in
donations, Community College Support Fund moneys, proceeds from the sale
of bonds, building reserve funds, federal and local government funds and
interest.

(5) Moneys in the account shall be considered to be General Fund
moneys for purposes of section 1 (3), Article XI-G of the Oregon
Constitution, are continuously appropriated to the department and may be
transferred to the Community College Capital Construction Fund for the
purpose of making distributions to the Columbia Gorge Community College
District for the purposes listed in subsection (1) of this section. [2005
c.787 §26]

Sec. 27. Oregon Coast Community College Facilities Account. (1)
There is established in the General Fund an account to be known as the
Oregon Coast Community College Facilities Account. Moneys in the account
shall be used to construct, improve, repair, equip and furnish new
facilities in Lincoln City, South Beach and Waldport.

(2) The account may consist of the following moneys that have been
deposited in the account by the Department of Community Colleges and
Workforce Development at the request of the Oregon Coast Community
College District for the purposes listed in subsection (1) of this
section:

(a) Moneys from federal and local governments;

(b) Donations;

(c) Community College Support Fund moneys transferred to the
account by the department at the request of the community college
district;

(d) Building reserve funds of the community college district
transferred to the department from the community college district; and

(e) Proceeds from the sale of bonds issued by the community college
district.

(3) Interest earned on moneys in the account shall be credited to
the account.

(4) The account may not be credited with more than $4,500,000 in
donations, Community College Support Fund moneys, proceeds from the sale
of bonds, building reserve funds, federal and local government funds and
interest.

(5) Moneys in the account shall be considered to be General Fund
moneys for purposes of section 1 (3), Article XI-G of the Oregon
Constitution, are continuously appropriated to the department and may be
transferred to the Community College Capital Construction Fund for the
purpose of making distributions to the Oregon Coast Community College
District for the purposes listed in subsection (1) of this section. [2005
c.787 §27]

Sec. 28. Rogue Community College Medford Instructional Facility
Account. (1) There is established in the General Fund an account to be
known as the Rogue Community College Medford Instructional Facility
Account. Moneys in the account shall be used to construct, improve,
repair, equip and furnish a joint instructional facility in Medford for
Southern Oregon University and the Rogue Community College District.

(2) The account may consist of the following moneys that have been
deposited in the account by the Department of Community Colleges and
Workforce Development at the request of the Rogue Community College
District for the purposes listed in subsection (1) of this section:

(a) Moneys from federal and local governments;

(b) Donations;

(c) Community College Support Fund moneys transferred to the
account by the department at the request of the community college
district;

(d) Building reserve funds of the community college district
transferred to the department from the community college district; and

(e) Proceeds from the sale of bonds issued by the community college
district.

(3) Interest earned on moneys in the account shall be credited to
the account.

(4) The account may not be credited with more than $4,100,000 in
donations, Community College Support Fund moneys, proceeds from the sale
of bonds, building reserve funds, federal and local government funds and
interest.

(5) Moneys in the account shall be considered to be General Fund
moneys for purposes of section 1 (3), Article XI-G of the Oregon
Constitution, are continuously appropriated to the department and may be
transferred to the Community College Capital Construction Fund for the
purpose of making distributions to the Rogue Community College District
for the purposes listed in subsection (1) of this section. [2005 c.787
§28]

Sec. 29. Clatsop Community College Facilities Account. (1) There is
established in the General Fund an account to be known as the Clatsop
Community College Facilities Account. Moneys in the account shall be used
to construct, improve, repair, equip, furnish and purchase land for new
facilities for the Clatsop Community College District.

(2) The account may consist of the following moneys that have been
deposited in the account by the Department of Community Colleges and
Workforce Development at the request of the Clatsop Community College
District for the purposes listed in subsection (1) of this section:

(a) Moneys from federal and local governments;

(b) Donations;

(c) Community College Support Fund moneys transferred to the
account by the department at the request of the community college
district;

(d) Building reserve funds of the community college district
transferred to the department from the community college district; and

(e) Proceeds from the sale of bonds issued by the community college
district.

(3) Interest earned on moneys in the account shall be credited to
the account.

(4) The account may not be credited with more than $7,500,000 in
donations, Community College Support Fund moneys, proceeds from the sale
of bonds, building reserve funds, federal and local government funds and
interest.

(5) Moneys in the account shall be considered to be General Fund
moneys for purposes of section 1 (3), Article XI-G of the Oregon
Constitution, are continuously appropriated to the department and may be
transferred to the Community College Capital Construction Fund for the
purpose of making distributions to the Clatsop Community College District
for the purposes listed in subsection (1) of this section. [2005 c.787
§29]

Sec. 30. Tillamook Bay Community College Facilities Account. (1)
There is established in the General Fund an account to be known as the
Tillamook Bay Community College Facilities Account. Moneys in the account
shall be used to construct, improve, repair, equip and furnish new
facilities for the Tillamook Bay Community College District.

(2) The account may consist of the following moneys that have been
deposited in the account by the Department of Community Colleges and
Workforce Development at the request of the Tillamook Bay Community
College District for the purposes listed in subsection (1) of this
section:

(a) Moneys from federal and local governments;

(b) Donations;

(c) Community College Support Fund moneys transferred to the
account by the department at the request of the community college
district;

(d) Building reserve funds of the community college district
transferred to the department from the community college district; and

(e) Proceeds from the sale of bonds issued by the community college
district.

(3) Interest earned on moneys in the account shall be credited to
the account.

(4) The account may not be credited with more than $4,900,000 in
donations, Community College Support Fund moneys, proceeds from the sale
of bonds, building reserve funds, federal and local government funds and
interest.

(5) Moneys in the account shall be considered to be General Fund
moneys for purposes of section 1 (3), Article XI-G of the Oregon
Constitution, are continuously appropriated to the department and may be
transferred to the Community College Capital Construction Fund for the
purpose of making distributions to the Tillamook Bay Community College
District for the purposes listed in subsection (1) of this section. [2005
c.787 §30]

Sec. 31. Klamath Community College Facilities Account. (1) There is
established in the General Fund an account to be known as the Klamath
Community College Facilities Account. Moneys in the account shall be used
to construct, improve, repair, equip and furnish new facilities for the
Klamath Community College District.

(2) The account may consist of the following moneys that have been
deposited in the account by the Department of Community Colleges and
Workforce Development at the request of the Klamath Community College
District for the purposes listed in subsection (1) of this section:

(a) Moneys from federal and local governments;

(b) Donations;

(c) Community College Support Fund moneys transferred to the
account by the department at the request of the community college
district;

(d) Building reserve funds of the community college district
transferred to the department from the community college district; and

(e) Proceeds from the sale of bonds issued by the community college
district.

(3) Interest earned on moneys in the account shall be credited to
the account.

(4) The account may not be credited with more than $7,700,000 in
donations, Community College Support Fund moneys, proceeds from the sale
of bonds, building reserve funds, federal and local government funds and
interest.

(5) Moneys in the account shall be considered to be General Fund
moneys for purposes of section 1 (3), Article XI-G of the Oregon
Constitution, are continuously appropriated to the department and may be
transferred to the Community College Capital Construction Fund for the
purpose of making distributions to the Klamath Community College District
for the purposes listed in subsection (1) of this section. [2005 c.787
§31]

Sec. 32. Southwestern Oregon Community College Curry County
Facilities Account. (1) There is established in the General Fund an
account to be known as the Southwestern Oregon Community College Curry
County Facilities Account. Moneys in the account shall be used to
construct, improve, repair, equip and furnish facilities in Curry County
for the Southwestern Oregon Community College District.

(2) The account may consist of the following moneys that have been
deposited in the account by the Department of Community Colleges and
Workforce Development at the request of the Southwestern Oregon Community
College District for the purposes listed in subsection (1) of this
section:

(a) Moneys from federal and local governments;

(b) Donations;

(c) Community College Support Fund moneys transferred to the
account by the department at the request of the community college
district;

(d) Building reserve funds of the community college district
transferred to the department from the community college district; and

(e) Proceeds from the sale of bonds issued by the community college
district.

(3) Interest earned on moneys in the account shall be credited to
the account.

(4) The account may not be credited with more than $2,300,000 in
donations, Community College Support Fund moneys, proceeds from the sale
of bonds, building reserve funds, federal and local government funds and
interest.

(5) Moneys in the account shall be considered to be General Fund
moneys for purposes of section 1 (3), Article XI-G of the Oregon
Constitution, are continuously appropriated to the department and may be
transferred to the Community College Capital Construction Fund for the
purpose of making distributions to the Southwestern Oregon Community
College District for the purposes listed in subsection (1) of this
section. [2005 c.787 §32] (1) The Community
College Bond Building Fund is established separate and distinct from the
General Fund.

(2) The Community College Bond Building Fund shall consist of
moneys realized from the sale of bonds issued pursuant to Article XI-G of
the Oregon Constitution for the benefit of community college districts
under ORS 341.721.

(3) Moneys in the Community College Bond Building Fund are
appropriated continuously to the Department of Community Colleges and
Workforce Development and may be disbursed by the department for the
construction, remodeling, expansion and renovation of facilities at
community colleges pursuant to grant agreements entered into between the
department and community college districts under ORS 341.735.

(4) Moneys in the Community College Bond Building Fund may be
invested, with the approval of the State Treasurer, until needed for
disbursement under subsection (3) of this section. If a surplus remains
in the fund after disbursement, the surplus and earnings from temporary
investments shall be credited to the Community College Bond Sinking Fund.
[2005 c.787 §22] (1) The Community
College Bond Sinking Fund is established separate and distinct from the
General Fund. The Community College Bond Sinking Fund shall be used to
provide for payment of the principal and the interest upon bonds issued
under the authority of Article XI-G of the Oregon Constitution for the
benefit of community college districts under ORS 341.721.

(2) Moneys in the fund are appropriated continuously to the
Department of Community Colleges and Workforce Development.

(3) The fund may be invested by the State Treasurer, and earnings
on the investments shall be credited to the fund.

(4) The fund shall consist of all moneys received from ad valorem
taxes levied pursuant to ORS 291.445, all moneys that the Legislative
Assembly may provide in lieu of such taxes, all moneys received as
accrued interest upon bonds sold, all earnings from investments of the
fund and the proceeds of the sale of refunding bonds.

(5) The department may credit the fund with moneys received from
either a sale or interfund transfer of land, buildings or facilities.

(6)(a) The department may not use the fund for any purpose other
than the purposes for which the fund was created.

(b) Notwithstanding paragraph (a) of this subsection, the
department may transfer any surplus in the fund to other funds designated
by the department if a balance remains in the fund and:

(A) The purposes for which the fund was created have been
fulfilled; and

(B) A reserve sufficient to meet all existing and future
obligations and liabilities of the fund has been set aside. [2005 c.787
§23](1) For the purposes of distributing moneys held
in the Community College Capital Construction Fund and the Community
College Bond Building Fund, the Department of Community Colleges and
Workforce Development shall enter into grant agreements with each
community college district for whose projects moneys have been
appropriated from the General Fund and are held pending disbursement of
the moneys. The grant agreements shall obligate the department to
distribute to each community college district any funds the district
provides to the state to provide a General Fund match as required by
Article XI-G of the Oregon Constitution and shall also obligate the
department to distribute to each community college district any amounts
that are credited to the Community College Bond Building Fund for a
project of the district. The department may impose reasonable conditions
and reporting and accounting requirements in a grant agreement described
in this section that are intended to ensure that the amounts distributed
from the funds listed in this subsection will be used for the projects
for which the amounts were distributed.

(2) The grant agreements shall also require that each community
college district that receives amounts from the funds listed in
subsection (1) of this section shall:

(a) Return to the state any amounts distributed from the Community
College Bond Building Fund that are not required to complete the project
of that district. The department shall credit the returned amounts to the
Community College Bond Sinking Fund.

(b) Take any action as determined by the state’s bond counsel that
is necessary to maintain the excludability of the interest paid by the
state on the general obligation bonds that the state issues pursuant to
Article XI-G of the Oregon Constitution to fund the Community College
Bond Building Fund.

(3) The department may collect fees from community college
districts that receive moneys under a grant agreement entered into under
this section to cover the costs relating to the administration of the
distribution of proceeds from general obligation bonds issued pursuant to
Article XI-G of the Oregon Constitution to finance community college
district projects and for executing the responsibilities of the
department under the grant agreement. The department shall deposit any
moneys collected under this subsection in the Department of Community
Colleges and Workforce Development Account. [2005 c.787 §33] The
Department of Community Colleges and Workforce Development may receive
bond counsel services and financial advisory services through the
Department of Higher Education. If the Department of Community Colleges
and Workforce Development receives services through the Department of
Higher Education, the Department of Community Colleges and Workforce
Development is not obligated to obtain those services pursuant to ORS
286.066 and 286.071. [2005 c.787 §24]AID FOR CONSTRUCTIONThe State Board of Education shall adopt
by rule standards governing the distribution of state funds to community
college districts for capital construction projects. The standards shall
include, but need not be limited to, the following provisions:

(1) No state funds shall be used for the construction of student or
faculty housing, facilities for spectators at athletic events,
recreational facilities, student health facilities or noninstructional
portions of student centers; and

(2) State funds shall be matched by substantial contributions from
nonstate sources, which may include tuition, property taxes, bond issues,
gifts and grants. [1987 c.474 §11; 1999 c.21 §68]In preparing budget requests for each biennium, after
consultation with the community colleges and their respective
representatives of the disabled community at the colleges, the State
Board of Education shall include amounts for capital improvements that
will be applied to the substantial reduction and eventual elimination of
barriers to access by disabled persons. [1991 c.935 §3; 2005 c.22 §235]

_______________
As used in this chapter, unless the context
otherwise requires:

(1) “Academic year” means the year beginning July 1 of each year
and ending June 30 of the following year running concurrently with the
fiscal year.

(2) “Board” means the board of education of a community college
district.

(3) “Board member” means a member of the board of education of a
community college district.

(4) “Commissioner” means the Commissioner for Community College
Services appointed under ORS 326.375.

(5) “Community college” means a public institution operated by a
community college district for the purposes of providing courses of study
limited to not more than two years’ full-time attendance, with the
exception of technical programs in which the curriculum may require more
than two years of attendance but less than four years, and designed to
meet the needs of a geographical area by providing educational services,
including but not limited to professional technical education programs or
lower division collegiate programs.

(6) “Community college district” or “district” means a district
formed under this chapter to operate one or more community colleges or to
secure educational services available at a community college. “Community
college district” includes a community college service district.

(7) “Full-time equivalent student” means a student or combination
of several students who carries or carry among them, within a single
academic year, a minimum number of clock hours of instruction, in any
program, to be specified by rule by the State Board of Education.

(8) “Operating expenses” means the sum of the expenditures of a
community college district for administration, instruction, necessary
student services, operation and maintenance of plant and fixed charges,
as determined in accordance with the rules of the State Board of
Education.

(9) “Paying agent and registrar” means the county treasurer or
county fiscal officer of the county in which the chief administrative
officer of the community college district maintains the administrative
office.

(10) “Petitioning territory” means a community college district
petitioning to have an area outside the district included in the district
or to have an area inside the district excluded from the district, or an
area outside the district petitioning to be included within the district.

(11) “Principal county” means the county in which the chief
administrative officer of the community college district maintains the
administrative office.

(12) “State board” means the State Board of Education. [Formerly
341.510; 1971 c.513 §1; 1981 c.173 §52; 1987 c.474 §4; 1993 c.45
§§127,128; 1995 c.67 §1; 1997 c.271 §3] The Legislative Assembly finds that:

(1) The community college is an educational institution which is
intended to fill the institutional gap in education by offering broad,
comprehensive programs in academic as well as professional technical
subjects. It is primarily designed to provide associate or certificate
degree programs for some, serve a transitional purpose for others who
will continue baccalaureate or other college work, provide the ability to
enter the workforce immediately and serve to determine future educational
needs for other students. It can provide means for continuation of
academic education, professional technical training or the attainment of
entirely new skills as demands for old skills and old occupations are
supplanted by new technologies. It may also provide the means to
coordinate courses and programs with high schools to enhance the
Certificate of Advanced Mastery and to accommodate successful transition
to college degree programs.

(2) Each community college should be so located as to be within
commuting time of a substantial majority of its students. As an
economical method of providing education close to the student’s home, the
community college should remain a commuting institution.

(3) The community college should establish its organizational
patterns to maintain a unique quality of flexibility and the ability to
change to meet changing needs.

(4) The community college is a post-high-school institution under
the general supervision of the State Board of Education. It should not be
a “starter” institution intended to evolve into a four-year baccalaureate
institution. It should be concerned with programs terminating before
reaching the baccalaureate degree.

(5) The community college should continue to be prohibited by law
from becoming a baccalaureate degree granting institution.

(6) Admission to the community college should be open to high
school graduates or to non-high school graduates who can profit from the
instruction offered.

(7) There should be close cooperation between those directing the
community college program and those responsible for higher education, so
that lower-division college transfer programs of the community college
will provide adequate preparation for entering baccalaureate degree
granting programs, and so that students will be able to transfer with a
minimum of difficulty.

(8) The community college should offer as comprehensive a program
as the needs and resources of the area which it serves dictate. Cost to
student and quality of instruction in established private institutions
should be among the factors in determining necessary duplication of
effort.

(9) It should be the policy of the community college to open its
facilities and make available its resources to the high schools of its
area on a sound contractual basis, for appropriate secondary or
transitional courses, either academic or professional technical, when it
is within its ability to provide facilities and it is determined that the
high school cannot or does not offer them.

(10) Programs designed to meet the needs of the area served should
be based on the actual educational and service needs of the district.
Specific professional technical courses should be related not only to the
employment opportunities of the area but of the state and nation as well.
Such determination should be made in consultation with representatives of
labor, business, industry, agriculture and other interested groups.

(11) The State Board of Education should be responsible for
coordinating the community college program of the state and should have
general supervisory responsibilities for that program. The State Board of
Education should prepare estimates and make the requests for legislative
appropriations for a reasonable and consistent basis of support and
establish standards for the distribution of that support.

(12) The initiative for the establishment of new community colleges
should come from the localities to be served, as a response to
demonstrated educational needs of an area. However, these localities must
not only be willing to assume the responsibility for the institutions but
must be able to provide resources needed for an adequate educational and
service program.

(13) The governing board of the community college should be charged
with the policy-making function. With respect to educational programming,
the governing board should in cooperation with the State Board of
Education:

(a) Identify educational needs of the district; and

(b) Bring together the resources necessary to meet the needs.

(14) The state should maintain a policy of substantial state
participation in community college building costs and the maintenance of
an adequate level of state support for operation. However, no state funds
should be appropriated for buildings such as dormitories or athletic
facilities for spectator sports. The district should provide a
substantial portion of the funds for capital improvement as well as for
operation of a community college.

(15) State appropriations for community colleges shall be made
separately from those for other segments of education.

(16) The formula for the distribution of funds for operating costs
should reflect the heavier operating costs and capital outlay for certain
professional technical courses. Federal funds received for professional
technical training, adult basic education, workforce development or other
federal initiatives should be used for those purposes only and be
distributed separately from funds appropriated by the state and should be
exempted from the computations of the present distribution formula for
operating costs.

(17) The cost of education to the individual should be sufficiently
low to permit students of low-income families to attend. This is
particularly true of tuition costs. However, students should pay an
amount sufficient to provide an incentive to profit from the
instructional program offered.

(18) Any eligible Oregon resident should have the right to attend a
community college even though not residing in a district operating one,
subject to the right of the governing board to limit the size of classes
and to give preference to students residing in the district. Local school
districts and education service districts should have the authority to
negotiate the terms and conditions with the governing boards for the
enrollment of students residing in such areas. [1971 c.513 §97; 1993 c.45
§130; 1995 c.67 §2] The State Board of Education
shall adopt guidelines for the orderly development and management of
community college districts, including guidelines for personnel policy
formulation, accounting procedures and student record keeping and privacy
procedures. [1971 c.233 §§1,2; 1987 c.474 §5; 1995 c.67 §3]DIRECT AND CONTRACT SERVICES(1) All areas
within this state shall be served by a community college district. Such
services may be provided either:

(a) Directly by formation of a community college district; or

(b) Indirectly by contract with an existing community college
district.

(2) The Department of Community Colleges and Workforce Development
shall fix responsibility for serving each area that is not within a
community college district. Where feasible, each area shall be a whole
county or a group of counties or that part of a county not already in a
community college district.

(3) In order to obtain the services described in subsection (1)(b)
of this section, residents of a nondistrict area must indicate their
interest in receiving services by requesting formation of a local
advisory committee and seeking the advice and counsel of the Department
of Community Colleges and Workforce Development.

(4) The State Board of Education by rule shall establish standards
for determining when there is sufficient interest among the residents of
a nondistrict area to warrant appointment of a local advisory committee.

(5) When the Department of Community Colleges and Workforce
Development has made the determination under subsection (4) of this
section, the department and the interested residents of the nondistrict
area shall apply jointly to the governing body of the county for the
appointment of a local advisory committee.

(6) Upon application, the governing body of the county shall
appoint a local advisory committee and shall insure that the committee is
broadly representative of the nondistrict area.

(7) If the nondistrict area involves two or more counties, the
governing body of each county shall appoint members to the local advisory
committee in proportion to the number of county residents within the
nondistrict area.

(8) The governing body of a county making appointments under
subsection (6) or (7) of this section shall not be obligated to fund any
part of the budget described in ORS 341.021 (3).

(9) The duties of the local advisory committee shall include, but
need not be limited to, advising the officials of the community college
district serving the nondistrict area on the educational needs of the
area.

(10) As used in ORS 341.019 to 341.022, “community college
district” includes a community college service district. [1987 c.191 §2;
1991 c.757 §3]
(1) The Department of Community Colleges and Workforce Development shall
invite existing community college districts to submit proposals for the
provision of service to an area that has officially indicated its
interest in receiving service.

(2) The responsibilities of the host community college district
shall include:

(a) Preparing a written agreement for services to be provided to
nondistrict areas using a format specified by the Department of Community
Colleges and Workforce Development; and

(b) Acting as the fiscal agent for agreements including
establishing tuition and fees for services offered under terms of an
agreement.

(3) Agreements between the community college district and
nondistrict entities as listed in ORS 341.315 shall include an annual
budget setting forth both revenue and expenditures. The budget shall be
based upon the following conditions:

(a) Subject to ORS 341.022, eligible full-time equivalent student
enrollment produced under the agreement may be claimed for state
reimbursement purposes by the community college district. Such
reimbursement shall come from the Community College Support Fund
established in ORS 341.620 and shall be distributed as directed in ORS
341.626 and the rules of the State Board of Education.

(b) A share of the budget shall be provided by those individuals or
agencies receiving service under this agreement as specified by rule of
the State Board of Education adopted under ORS 341.024 (3).

(4) Agreements developed under this section shall be wholly
supported by Community College Support Fund reimbursement, nondistrict
student tuition and nondistrict resources. [1987 c.191 §3; 1991 c.757 §4;
1995 c.67 §4]
Annual state reimbursable enrollments under an agreement with a
nondistrict area shall not exceed 300 full-time equivalent students.
[1987 c.191 §4] The State Board of Education shall adopt rules to
implement ORS 341.019 to 341.024. The rules shall provide:

(1) Standards for accepting proposals for service;

(2) Procedures providing the form of agreements and for recording
them;

(3) Standards for cash and in-kind contributions by nondistrict
areas;

(4) Standards as required by ORS 341.019 (4); and

(5) Other rules necessary to implement ORS 341.019 to 341.024.
[1987 c.191 §6]COMMUNITY COLLEGE DISTRICTS(Formation) (1) Whenever the
electors registered in contiguous territory desire the formation of a
community college district, they may sign a petition requesting the
formation of such a district and present it to the State Board of
Education.

(2) The petition must be substantially in the form established by
the state board which shall furnish the petition form and:

(a) Must contain the minimum number of signatures fixed by the
state board of 500, or 10 percent of the electors registered in each
county or part of a county within the designated territory, whichever is
the lesser;

(b) Must designate the boundaries of the territory to be included
in the proposed district which may include all or part of the territory
lying within the boundaries of a school district and may be located in
more than one county;

(c) Must request that the territory be organized into a district;

(d) May specify or reserve the right to specify the location for
the proposed community college or may request the state board to
determine the location;

(e) Must specify the method of nomination and election of the board
of education of the proposed district from among the methods described in
ORS 341.327; and

(f) Must contain any other information required by rules of the
state board. [Formerly 341.710; 1967 c.465 §5; 1969 c.220 §1; 1969 c.673
§1; 1971 c.513 §73; 1983 c.83 §71; 1983 c.350 §194; 1989 c.261 §1; 1995
c.67 §5](1) A petition submitted
pursuant to ORS 341.025 may specify that the proposed district be
organized as a community college service district. The formation of a
community college service district shall comply with the provisions of
ORS 341.025 to 341.125. A petition affecting a territory that, in the
judgment of the Commissioner for Community College Services, will not
generate an annual enrollment in excess of 1,000 full-time equivalent
students after three years of operation shall be considered to be a
petition for the formation of a community college service district.

(2) If formed, a community college service district shall in all
respects be governed by the laws applicable to community college
districts with the following exceptions:

(a) Notwithstanding ORS 341.675, community college service
districts formed after July 1, 1997, may not incur bonded indebtedness
for any purpose. This limitation shall not be construed to prohibit
lease-purchase arrangements or other lawful forms of capital financing. A
community college service district may hold and own buildings and grounds
acquired through gifts or financing methods authorized by this section.

(b) The board of education for a community college service district
shall annually review the programs and services of the service district.
This review shall have as its purpose a determination of which services
can most effectively and economically be delivered directly and which
services can best be delivered through contracting arrangements. The
direct hiring of faculty and staff is expressly permitted.

(3) After having been in operation for at least three years, a
community college service district may submit to the electors of the
district the question of whether the district shall operate as a
community college district.

(4) Prior to submitting the question to the electors, the community
college service district must have been in operation for three years, and
must have secured the approval of the State Board of Education to hold
the election. Before granting approval, the state board must find:

(a) The service district has acquired stability as demonstrated by
a continuity of management, regularly adopted policies and procedures and
adequate financial resources; and

(b) The service district has adopted a sound comprehensive plan
that sets out the district’s instructional and capital plans for five
years. [1989 c.261 §3; 1997 c.249 §102; 1997 c.271 §1; 1999 c.21 §67;
1999 c.211 §1]Note: 341.039 was added to and made a part of ORS chapter 341 by
legislative action but was not added to any series therein. See Preface
to Oregon Revised Statutes for further explanation.Notwithstanding ORS 341.039 (3) and (4),
on July 1, 2001, all community college service districts formed prior to
July 1, 1997, shall become community college districts and on and after
July 1, 2001, shall operate as community college districts. [2001 c.168
§2] (1) The State Board of
Education shall examine the petition to determine whether it is complete.
If the petition is complete and if formation of the district is
consistent with the overall plan for all education in the state, the
state board shall undertake a study of the feasibility of a community
college in the geographical area proposed by the petition, including but
not limited to:

(a) Educational needs of the area.

(b) Potential enrollment levels.

(c) The rate of operating taxes that is required to meet the local
share of operating and capital expenses and that would, if adopted, be
the district’s permanent rate limit for operating taxes, including
whether the proposed rate bears a reasonable relationship to the
permanent rate limit of operating community college districts of similar
size and circumstance to the proposed new district. If the proposed rate
is substantially below the rate of similar operating districts, the
feasibility study shall explicitly detail how the proposed new district
intends to provide a comprehensive community college program.

(d) Relationship of the proposed district to the overall plan for
all education in the state.

(e) Boundaries of the proposed district.

(f) The appropriateness of the proposed name of the community
college district or the community college, if a name is proposed, in
order to determine that the proposed name is not misleading, confusing or
grossly inappropriate.

(2) Upon completion of its study, the state board shall set a date
for a public hearing on the petition and study and shall give notice of
the hearing in the manner provided in ORS 341.357.

(3) The notice of hearing shall state:

(a) A study has been conducted on a proposed district.

(b) The boundaries of the proposed district.

(c) Whether the proposed community college district specifies
providing its courses through contract with agencies authorized to enter
into such contracts.

(d) The time and place set for the hearing on the petition.
[Formerly 347.730; 1967 c.465 §1; 1969 c.673 §2; 1971 c.513 §74; 1991
c.397 §1; 1997 c.541 §378] (1) At the time
designated in the notice, the State Board of Education or its authorized
representative shall conduct a public hearing on the study and may
adjourn the hearing from time to time. The state board may alter the
boundaries set forth in the petition submitted under ORS 341.025 to
include all territory the residents of which will be materially benefited
by formation of the community college district as determined by its
study. The state board shall not modify the boundaries of the district as
set forth in the petition so as to exclude from the district any
territory the residents of which will be materially benefited by
formation of the district, nor may there be included in the proposed
district any territory the residents of which will not be materially
benefited.

(2) If the board concludes that any territory has been improperly
included or omitted from the proposed community college district and that
electors within the included or omitted territory have not appeared at
the hearing, the board shall continue further hearing on the study and
shall order notice given to the nonappearing electors requiring them to
appear and show cause why their territory should not be excluded or
included in the proposed district. The notice shall be given either in
the same manner as notice of the original hearing was given or by
personal service on each nonappearing elector. If notice is given by
personal service, such service shall be made at least 10 days prior to
the date fixed for the hearing. [Formerly 341.740; 1967 c.465 §2; 1969
c.673 §3] If, in the opinion of the State
Board of Education, the study and the testimony presented at the hearing
or hearings held under ORS 341.055 indicate that the formation of a
community college district as petitioned is not warranted under the
policies set forth by ORS 341.009, the state board shall order dismissal
of the petition. An appeal from this order may be taken within 60 days in
the manner provided in ORS 183.480. [1965 c.238 §2; 1967 c.465 §3; 1969
c.673 §4; 1991 c.397 §2](1) If, upon
final hearing of the study under ORS 341.055, the State Board of
Education approves formation of a community college district, with
boundaries either as originally presented or as altered pursuant to the
hearing, the state board shall make its recommendation to the Legislative
Assembly in an order describing the exterior boundaries and the zone
boundaries for the election of members of the board of education of the
community college district, if any. An appeal from the recommendation may
be taken within 60 days in the manner provided in ORS 183.480. If no
appeal from this recommendation is filed within 60 days after the date of
the recommendation, the recommendation becomes final.

(2) If an appeal is filed, the recommendation becomes final on the
date the recommendation is affirmed by the court. However, if the
recommendation is not affirmed, the state board may not submit its
recommendation to the Legislative Assembly but may reconsider the
conclusions of its study and if the state board revises those
conclusions, the state board may set a date for a new hearing.

(3) Upon receipt of the final recommendation, the Legislative
Assembly shall approve or disapprove the recommendation. If the
recommendation is approved, an election under ORS 341.085 shall be held.
If the recommendation is disapproved, the state board may revise its
recommendation and resubmit a final recommendation to the Legislative
Assembly but not sooner than 60 days after the action of disapproval was
taken. [1969 c.673 §6 (enacted in lieu of 341.075); 1971 c.513 §75; 1977
c.827 §1; 2003 c.574 §1] (1) An election for the
purpose of presenting the question of formation of a district and
establishing a permanent rate limit for operating taxes and the
boundaries of the zones, if the zones were recommended by the State Board
of Education, shall be held to submit the question to the electors
registered in the proposed district designated in the recommendation of
the state board. The election shall be held not sooner than the 90th day
after the effective date of the appropriation required by ORS 341.102.
The election date shall be uniform throughout the proposed district, and
shall be set by the state board on a date specified in ORS 255.345.
However, if the question of establishing a permanent rate limit for
operating taxes is to be submitted, the election must be held on the same
date as the next primary election or the next general election, as
determined by the state board.

(2) ORS chapter 255 and ORS 250.035 and 250.036 govern the notice
and conduct of an election under this section. The state board shall be
the district elections authority for an election conducted under this
section. Notwithstanding ORS 255.305, the state board shall pay the
expenses incurred for the election.

(3) An elector registered in a precinct or in the portion of a
precinct which is located within the boundaries of the proposed district
may vote on any matter arising at the election under subsection (1) of
this section. [Formerly 341.760; 1967 c.605 §18; 1969 c.673 §9; 1971
c.513 §76; 1973 c.796 §51a; 1983 c.83 §72; 1983 c.350 §195; 1987 c.267
§77; 1995 c.67 §6; 1995 c.79 §184; 1995 c.712 §108; 1997 c.541 §379; 2001
c.114 §50](1) The State
Board of Education shall include as a part of the election called for
formation of a district the question of a permanent rate limit for
operating taxes to finance the district’s share of operating and capital
expenses. The rate limit shall be specified by the state board as a
result of its study and the hearing held under ORS 341.055. The state
board may also include the question of incurring indebtedness to pay
organizational expenses of the district between the time the district is
approved and the first budget is adopted. If the question of incurring
indebtedness is approved, the district may borrow money on its
negotiable, short-term, promissory notes in an aggregate amount not to
exceed the limit approved at the election and may, notwithstanding ORS
294.326, expend such money without the preparation and adoption of a
budget.

(2) In preparing its first budget, the board of the district shall
provide for the repayment of the indebtedness incurred for organizational
expenses under subsection (1) of this section. [1965 c.129 §2; 1969 c.673
§10; 1971 c.513 §77; 1995 c.67 §7; 1997 c.541 §380] If the Legislative
Assembly approves the recommendation submitted under ORS 341.076, 341.565
or 341.579, the Legislative Assembly shall appropriate or allocate to the
Department of Community Colleges and Workforce Development moneys
necessary to pay the expenses of the election under ORS 341.085, 341.565,
341.569 or 341.579 (1) if the election is to occur within 24 months of
the appropriation or allocation. If the election does not occur within
the biennium immediately following the appropriation or allocation, the
question shall be brought before the next Legislative Assembly. The state
shall fund the election without regard to the outcome of the election.
[1969 c.673 §8; 1995 c.67 §8; 1995 c.357 §3a; 1997 c.249 §103; 1999
c.1027 §7; 2001 c.104 §115; 2003 c.574 §2] When at the request of the State Board of
Education the county clerk of the principal county, in consultation with
county clerks of the affected counties, prepares a list or lists of names
and addresses of the electors registered in the proposed district, the
Department of Community Colleges and Workforce Development is authorized
to pay the charge as determined under ORS 255.305. [Formerly 341.770;
1969 c.673 §11; 1971 c.513 §78; 1973 c.796 §51b; 1983 c.83 §73; 1983
c.350 §196; 1995 c.67 §9] (1) If the vote is in favor of
the formation of the community college district and establishes a
permanent rate limit for operating taxes for the district, the State
Board of Education:

(a) Shall proclaim not later than the second regular meeting of the
state board following the board’s determination from the election results
that a community college district has been formed; and

(b) Shall furnish any affected county assessor with a copy of the
proclamation.

(2) If the location of the community college or zone boundaries are
specified on the ballot, and the vote favors formation, the state board
shall include such location and boundaries in its proclamation.

(3) If the vote is in favor of the formation of a community college
district but opposed to a permanent rate limit at the rate submitted, the
district shall not be formed. [Formerly 341.780; 1969 c.673 §13; 1983
c.350 §197; 1995 c.67 §10; 1997 c.541 §381] (1) The first board of education of a district
shall be elected at the same election as the election at which votes are
cast for the formation of the district. Nominations for the board of
education positions to be filled by nomination and election at-large
shall be made by petition requesting that such person’s name be placed on
the ballot and signed with the signatures of at least 50 electors
registered in the proposed district. If the district has been zoned and
the position is to be filled by nomination or election by zone, the
petition shall be signed by at least 25 electors registered in the zone.
The petition shall be presented to the State Board of Education at least
70 days prior to the election. Upon receipt of petitions which comply
with applicable law, the state board shall cause the names of such
nominees to be placed upon the ballot.

(2) Seven members shall be elected to the first board, to serve
terms of four and two years respectively in accordance with the number of
votes each receives with the three members receiving the largest number
of votes serving the four-year terms. The terms of office of the members
of the first board shall be computed from the date of June 30 subsequent
to the date of their election, but the members shall take office
immediately following the election. If for any reason a district is not
formed, the election of board members for that proposed district is void.

(3) If the district has been zoned, the state board shall designate
the positions to be nominated or elected by zone and shall specify the
length of the term to be served by each member of the first board elected
by zone.

(4) If the election is at large, the length of the term of office
of members of the first board elected shall be determined in accordance
with the number of votes each receives in the election. Those receiving
the highest number of votes may serve the four-year terms, subject to any
term designations made by the state board under subsection (3) of this
section. [Formerly 341.800; 1971 c.513 §79; 1973 c.796 §52; 1983 c.83
§74; 1995 c.258 §8](Zones) The board shall adjust the
boundaries of zones established within a district as necessary to make
them as nearly equal in population as is feasible according to the latest
federal census. The board also shall adjust boundaries of zones as
necessary to reflect boundary changes of the district. [Formerly 341.916;
1969 c.220 §3; 1971 c.513 §28; 1983 c.350 §199] Any elector of a district
aggrieved by the adjustment of or failure to adjust boundaries of a zone
pursuant to ORS 341.175 on the basis that population is not as nearly
equal as is feasible is entitled to appear before the board at a public
hearing to present the case. If the board refuses to make the requested
adjustment in the boundaries, the aggrieved elector may appeal from the
decision of the board to the circuit court. The appeal shall be by writ
of review. [1971 c.513 §29; 1983 c.350 §200]BOARD OF EDUCATION(Composition) (1) The
board shall be composed of seven members.

(2) No person who is an employee of the community college district
shall be eligible to serve as a member of the board for the district by
which the employee is employed. [Formerly 341.790; 1967 c.605 §19; 1969
c.220 §6; 1971 c.513 §26; 1981 c.114 §1; 1983 c.350 §201](Organization)
(1) After July 1 of each year, the board of a district shall meet and
organize by electing a chairperson and a vice chairperson from its
members.

(2) The board shall provide for the time and place of its regular
meetings, at any of which it may adjourn to the next succeeding regular
meeting or to some specified time prior thereto. Special meetings shall
be convened by order of the chairperson of the board or upon the request
of four board members at least 24 hours before such meeting is to be
held, or by common consent of the board members. Notice of any special
meeting shall be given to the members pursuant to bylaws of the board.

(3) A majority of the board members shall constitute a quorum. The
affirmative vote of the majority of members of the board is required to
transact any business.

(4) The board shall adopt rules for the government of the conduct
of its members and its proceedings. The board shall keep a journal and,
on the call of any one of its members, shall cause the yeas and nays to
be taken and entered upon its journal upon any question before it.

(5) Any duty imposed upon the board as a body shall be performed at
a regular or special meeting and shall be made a matter of record. The
consent to any particular measure obtained from individual board members
when the board is not in session shall not be an act of the board and
shall not be binding upon the district.

(6) Members of the board shall receive no compensation for their
services, but they shall be allowed the actual and necessary expenses
incurred by them in the performance of their duties. [1971 c.513 §2; 1973
c.725 §2; 1995 c.67 §12](Status) (1) Districts are bodies
corporate, and the board is authorized to sue and be sued in the
corporate name.

(2) The members of the board of a district in their official
capacity shall be known as the board of education of the community
college district. [1971 c.513 §3](Powers) The board of education of a
community college district shall be responsible for the general
supervision and control of any and all community colleges operated by the
district. Consistent with any applicable rules of the State Board of
Education, the board may:

(1) Subject to ORS chapters 238 and 238A, employ administrative
officers, professional personnel and other employees, define their
duties, terms and conditions of employment and prescribe compensation
therefor, pursuant to ORS 243.650 to 243.782.

(2) Enact rules for the government of the community college,
including professional personnel and other employees thereof and students
therein.

(3) Prescribe the educational program.

(4) Control use of and access to the grounds, buildings, books,
equipment and other property of the district.

(5) Acquire, receive, hold, control, convey, sell, manage, operate,
lease, lease-purchase, lend, invest, improve and develop any and all
property of whatever nature given to or appropriated for the use, support
or benefit of any activity under the control of the board, according to
the terms and conditions of such gift or appropriation.

(6) Purchase real property upon a contractual basis when the period
of time allowed for payment under the contract does not exceed 30 years.

(7) Fix standards of admission to the community college, prescribe
and collect tuition for admission to the community college, including
fixing different tuition rates for students who reside in the district,
students who do not reside in the district but are residents of the state
and students who do not reside in the state.

(8) Prescribe and collect fees and expend funds so raised for
special programs and services for the students and for programs for the
cultural and physical development of the students.

(9) Provide and disseminate to the public information relating to
the program, operation and finances of the community college.

(10) Establish or contract for advisory and consultant services.

(11) Take, hold and dispose of mortgages on real and personal
property acquired by way of gift or arising out of transactions entered
into in accordance with the powers, duties and authority of the board and
institute, maintain and participate in suits and actions and other
judicial proceedings in the name of the district for the foreclosure of
such mortgages.

(12) Maintain programs, services and facilities, and, in connection
therewith, cooperate and enter into agreements with any person or public
or private agency.

(13) Provide student services including health, guidance,
counseling and placement services, and contract therefor.

(14) Join appropriate associations and pay any required dues
therefor from resources of the district.

(15) Apply for federal funds and accept and enter into any
contracts or agreements for the receipt of such funds from the federal
government or its agencies for educational purposes.

(16) Exercise any other power, duty or responsibility necessary to
carry out the functions under this section or required by law.

(17) Prescribe rules for the use and access to public records of
the district that are consistent with ORS 192.420, and education records
of students under applicable state and federal law and rules of the State
Board of Education. Whenever a student has attained 18 years of age or is
attending an institution of post-secondary education, the permission or
consent required of and the rights accorded to a parent of the student
regarding education records shall thereafter be required of and accorded
to only the student. However, faculty records relating to matters such as
conduct, personal and academic evaluations, disciplinary actions, if any,
and other personal matters shall not be made available to public
inspection for any purpose except with the consent of the person who is
the subject of the record or upon order of a court of competent
jurisdiction.

(18) Enter into contracts for the receipt of cash or property, or
both, and establish charitable gift annuities pursuant to ORS 731.038;
and, commit, appropriate, authorize and budget for the payment of or
other disposition of general funds to pay, in whole or in part, sums due
under an agreement for a charitable gift annuity, and to provide the
necessary funding for reserves or other trust funds pursuant to ORS
731.038.

(19) Encourage gifts to the district by faithfully devoting the
proceeds of such gifts to the district purposes for which intended.

(20) Build, furnish, equip, repair, lease, purchase and raze
facilities; and locate, buy and acquire lands for all district purposes.
Financing may be by any prudent method including but not limited to
loans, contract purchase or lease. Leases authorized by this section
include lease-purchase agreements under which the district may acquire
ownership of the leased property at a nominal price. Such financing
agreements may be for a term of up to 30 years except for lease
arrangements which may be for a term of up to 50 years.

(21) Participate in an educational consortium with public and
private institutions that offer upper division and graduate instruction.
Community colleges engaged in such consortiums may expend money, provide
facilities and assign staff to assist those institutions offering upper
division and graduate instruction.

(22) Enter into contracts of insurance or medical and hospital
service contracts or may operate a self-insurance program as provided in
ORS 341.312. [1971 c.513 §4; 1973 c.536 §34; 1981 c.137 §1; 1983 c.182
§1; 1985 c.455 §1; 1989 c.191 §1; 1989 c.341 §1; 1993 c.806 §6; 1995 c.79
§185; 1999 c.502 §1; 2003 c.733 §74; 2005 c.31 §5](1) The board may adopt such regulations as it considers
necessary to provide for the policing, control and regulations of traffic
and parking of vehicles on property under the jurisdiction of the board.
Such regulations may provide for the registration of vehicles, the
designation and posting of parking areas, and the assessment and
collection of reasonable fees and charges for parking and shall be filed
in the board business office on the campus and shall be available for
public inspection. The board may require that before a quarterly or
yearly parking privilege for any vehicle is granted to any full-time or
part-time student to use board property, the student must show that the
vehicle is operated by a student holding a valid driver license, that the
vehicle is currently registered and that the student driving the vehicle
is insured under a motor vehicle liability insurance policy that meets
the requirements described under ORS 806.080 or that the student or owner
of the vehicle has provided the Department of Transportation with other
satisfactory proof of compliance with the financial responsibility
requirements of this state.

(2) The regulations adopted pursuant to subsection (1) of this
section may be enforced administratively under procedures adopted by the
board. Administrative and disciplinary sanctions may be imposed upon
students, faculty, and staff for violation of the regulations. The board
may establish hearing procedures for the determination of controversies
in connection with imposition of fines or penalties.

(3) Upon agreement between the board and a city or county in which
all or part of the community college campus is located, proceedings to
enforce regulations adopted pursuant to subsection (1) of this section
shall be brought in the name of the city or county enforcing the
regulation in the circuit, justice or municipal court in the county in
which the violation occurred. The fines, penalties and costs recovered
shall be paid to the clerk of the court involved in accordance with the
agreement between the board and the city or county with which the
agreement is made.

(4) The regulations adopted pursuant to subsection (1) of this
section may also be enforced by the impoundment of vehicles, and a
reasonable fee may be enacted for the cost of impoundment and storage, if
any, prior to the release of the vehicles to their owners.

(5) Every peace officer acting within the jurisdictional authority
of a governmental unit of the place where the violation occurs shall
enforce the regulations adopted by the board under subsection (1) of this
section if an agreement has been entered into pursuant to subsection (3)
of this section. The board, for the purpose of enforcing its regulations
governing traffic control, may appoint peace officers who shall have the
same authority as other peace officers as defined in ORS 133.005.

(6) Issuance of traffic citations to enforce the regulations
adopted by the board under subsection (1) of this section shall conform
to the requirements of ORS chapter 153. However, in proceedings brought
to enforce parking regulations, it shall be sufficient to charge the
defendant by an unsworn written notice in accordance with the provisions
of ORS 221.333.

(7) Violation of any regulation adopted by the board pursuant to
subsection (1) of this section and enforced pursuant to subsection (3) of
this section is a misdemeanor. [1971 c.513 §5; 1973 c.836 §346; 1981 c.35
§1; 1993 c.221 §2; 1997 c.801 §151; 1999 c.1051 §133]Subject to the Local Budget Law (ORS 294.305 to
294.565) and sections 11 and 11b, Article XI of the Oregon Constitution,
each community college district shall prepare annually an estimate of the
amount of funds necessary to carry out the purposes of the district and
may levy a tax upon all assessable property in the district. [Formerly
341.900; 1993 c.45 §132; 1997 c.541 §382; 1999 c.59 §88] A community college
district, upon approval of a majority of the electors voting upon the
question at the election held to approve formation of a district, may
certify operating taxes to the assessor under ORS 310.060 that are within
the district’s permanent rate limit established under ORS 341.095. [1969
c.673 §12; 1995 c.67 §13; 1997 c.541 §383] A community
college district may enter into discussions with county governments or
other similar county-wide public organizations in bordering states for
the purpose of discussing the feasibility of establishing interstate
taxing authority for the district through an interstate agreement entered
into pursuant to ORS 190.410 to 190.440. Any such agreement shall be
approved by the Legislative Assembly prior to taking effect. [1997 c.521
§4]Note: 341.309 was enacted into law by the Legislative Assembly but
was not added to or made a part of ORS chapter 341 or any series therein
by legislative action. See Preface to Oregon Revised Statutes for further
explanation. A board may obtain by condemnation the
title to any land it is authorized to acquire. Condemnation proceedings
instituted by the board shall be conducted in accordance with and subject
to the provisions of ORS chapter 35 except that the relator therein shall
be the board. [1971 c.513 §6] (1) A board of education of a
community college district may operate a self-insurance program to
provide its employees with health insurance benefits.

(2) A board may operate a self-insurance program under this section
for liability covering all activities of the community college district
and for health insurance benefits for students engaging in athletic
contests or in traffic patrols, and may pay the necessary premiums
thereon.

(3) Failure to operate a self-insurance program shall in no case be
construed as negligence or lack of diligence on the part of the board or
the members thereof. [1999 c.502 §3] Any school district,
education service district, institution of higher education, county,
municipality or private organization may contract with a community
college district to provide services of an educational nature that are
subject to the approval of the State Board of Education. [Formerly
341.825; 1987 c.204 §1; 1995 c.67 §14](1) Reimbursement from the Community College
Support Fund established in ORS 341.620 may be made available to
community colleges that deliver educational services to inmates confined
to the state-operated correctional facilities and to locally operated
correctional facilities. Such reimbursement shall be distributed as
directed in ORS 341.626 and the rules of the State Board of Education.

(2) The State Board of Education shall review and approve services
to correctional institutions at least once biennially.

(3) The enrollment limitation, as provided by ORS 341.022, does not
apply to persons receiving services under this section.

(4) Reimbursement from the Community College Support Fund
established in ORS 341.620 may not be made available to community
colleges for delivering educational services to inmates confined in
federal prisons. Neither shall local property taxes be used to support
such services. A host community college shall support such services
through a contractual arrangement with the federal government. [1987
c.204 §3; 1989 c.256 §1; 1995 c.67 §15] (1) A board may acquire by gift or
by purchase interests in intellectual property of any kind, whether
patentable or copyrightable or not, including patents, copyrights,
inventions, discoveries, processes and ideas. The board may also agree to
aid in the development of property acquired pursuant to this section and
to pay an assignor of any interest in intellectual property a share of
any moneys received on account of the board’s ownership or management of
the property.

(2) A board may manage, develop or dispose of by assignment, sale,
lease, license or other action deemed advisable by the board, property
acquired under subsection (1) of this section, and may contract with any
person or agency, board, commission or department of this or any other
state or with the federal government regarding the management,
development or disposition thereof. The board may make gratuitous
assignments of such property to any trust or fund, the sole beneficiary
of which is the district or any of the institutions or activities under
its control, subject to the share, if any, agreed to be paid to the
assignor. The board may reassign such property to the inventor, author or
discoverer.

(3) A board may determine the terms and conditions of any
transaction authorized by this section and need not require competitive
bids in connection therewith. No formal publicity or advertising is
required regarding property for the development of which the board wishes
to contract, but the board shall make reasonable efforts to disseminate
such information in appropriate research and industrial circles.

(4) Moneys received by the board as a result of ownership or
management of property acquired under this section or of transactions
regarding such property shall be credited to a special fund which shall
only be applied to payment of the agreed share, if any, to assignors, the
remainder, if any, may be used for general expenses of the college. [1971
c.513 §7]
Notwithstanding any other statutory provisions, any board of education of
a community college district by resolution may establish a reserve fund
by making transfers from the district’s general fund. Transfers to the
reserve fund shall be included in the district budget prepared and
published in accordance with ORS 294.305 to 294.565. If at any time
conditions arise which dispense with the necessity for further transfers
to or expenditures from a fund established pursuant to this section, the
district board shall so declare by resolution. The resolution shall order
the balance remaining in such fund to be transferred to the general fund
of the district and shall declare the reserve fund closed. [1975 c.770
§25; 1995 c.67 §16](Nomination and Election) (1) At each regular district election, board
members shall be elected for a term of four years to succeed the board
members whose terms of office expire on June 30 of that year.

(2) A person shall be qualified to be a candidate for election to
the board if the person is an elector who resides in the district. If the
district is zoned and the position sought is one elected or nominated by
zone, the person also must reside in the zone from which the person is
nominated.

(3) Members of a board shall be nominated and elected at large or
by zones according to a method described in ORS 341.327 and determined
under ORS 341.025 or 341.331.

(4) A board member must qualify for office by taking an oath of
office. [Formerly 341.333] (1) The board members may be
elected in one of the following methods or a combination thereof:

(a) Elected by electors of zones as nearly equal in population as
possible according to the latest federal census.

(b) Elected at large by position number by the electors of the
district.

(2) Candidates for election from zones shall be nominated by
electors of the zones. Candidates for election at large may be nominated
by electors of zones or by electors of the district, as determined under
subsection (3) of this section.

(3) Where the method selected under subsection (2) of this section
includes a combination of nomination of candidates from and by zones and
of nomination of candidates at large, the number of candidates to be
nominated in each manner shall be specified in the petition submitted
under ORS 341.025 or under ORS 341.331. [Formerly 341.280] (1) This
section establishes the procedure for determining whether the method
adopted in a district for nominating and electing board members should be
changed to another method described in ORS 341.327. The question shall be
decided by election. The district board shall order an election on the
question when a petition is filed as provided in this section.

(2) Except as otherwise provided in this section, the requirements
for preparing, circulating and filing a petition under this section shall
be as provided for an initiative petition in ORS 255.135 to 255.205.

(3) If the question proposes creation of zones or a change in the
number of existing zones, the following requirements shall apply:

(a) The petition shall contain a map indicating the proposed zone
boundaries. The map shall be attached to the cover sheet of the petition
and shall not exceed 14 inches by 17 inches in size.

(b) Notwithstanding ORS 250.035, the statement summarizing the
measure and its major effect in the ballot title shall not exceed 150
words. The statement:

(A) Shall specify the method of nomination and election of board
members from among the methods described in ORS 341.327. The statement
also shall specify whether, in filling each position on the board, an
elector of the district may sign a petition of nomination or vote for a
candidate from any zone or only for a candidate from the zone in which
the elector resides.

(B) Shall include a general description of the proposed boundaries
of the zones, using streets and other generally recognized features.

(c) The order calling the election shall contain a map and a metes
and bounds or legal description of the proposed zone boundaries. The map
and description shall be prepared by the county surveyor or county
assessor and shall reflect any adjustment made in the boundaries under
subsection (6) of this section.

(4) The map to be contained in the petition under subsection (3) of
this section shall be prepared by the county surveyor or county assessor.
The chief petitioners shall pay the county for the cost of preparing the
map, as determined by the county surveyor or county assessor. The county
clerk shall not accept the prospective petition for filing until the
chief petitioners have paid the amount due.

(5) Subsection (3) of this section does not apply if the question
proposes abolition of all zones.

(6) Before submitting to election a question to which subsection
(3) of this section applies, the district board shall adjust the proposed
boundaries of the zones to make them as nearly equal in population as
feasible according to the latest federal census. The district board shall
amend the ballot title as necessary to reflect its adjustment of the
boundaries.

(7) If the electors of the district approve the establishment of
zones or a change in the number of existing zones, board members shall
continue to serve until their terms of office expire. As vacancies occur,
positions to be filled by nomination or election by zone shall be filled
by persons who reside within zones which are not represented on the
board. If more than one zone is not represented on the board when a
vacancy occurs, the zone entitled to elect a board member shall be
decided by lot. [Formerly 341.165; 1995 c.79 §186; 1995 c.534 §15] (1)
The board shall declare the office of a board member vacant if it finds
any of the following:

(a) The incumbent has died or resigned.

(b) The incumbent has been removed or recalled from office or the
election of the incumbent thereto has been declared void by the judgment
of a court.

(c) The incumbent has ceased to be a resident of the district from
which the incumbent was nominated or elected.

(d) The incumbent has ceased to discharge the duties of office for
two consecutive months unless prevented therefrom by sickness or other
unavoidable cause or unless excused by the chairperson of the board.

(2) A board member who is nominated or elected by zone and who
changes permanent residence from one zone of a district to another zone
or who by a change in zone boundaries no longer resides in the zone of
nomination or election is entitled to continue to serve as board member
until June 30 following the next regular district election at which a
successor shall be elected by the electors to serve for the remainder of
the unexpired term, if any. The successor shall take office July 1 next
following the election.

(3) When a vacancy is declared under subsection (1) of this
section, the remaining board members shall meet and appoint a person to
fill the vacancy from any of the electors of the district if the position
is one filled by both nomination and election at-large, and otherwise
from any of the electors of the zone from which the vacancy occurs.

(4) If the offices of a majority of the board members are vacant at
the same time, the governing body of the principal county shall appoint
persons to fill the vacancies from any of the electors of the district if
the positions are filled by both nomination and election at-large, and
otherwise from any of the electors of the zone from which the vacancy
occurs.

(5) The period of service of a board member appointed under
subsection (3) or (4) of this section commences upon appointment and
expires June 30 next following the next regular district election at
which a successor is elected. The successor shall be elected to serve the
remainder, if any, of the term for which the appointment was made. If the
term for which the appointment was made expires June 30 after the
election of the successor, the successor shall be elected to a full term.
In either case, the successor shall take office on July 1. [1971 c.513
§27; 1975 c.647 §31; 1977 c.149 §5; 1983 c.350 §203; 2003 c.576 §436] (1) The
positions of board members elected at-large, and their respective
successors in office, shall be designated by numbers as Position No. 1,
Position No. 2, and so on.

(2) This section applies to any district that elects any board
member to an at-large position. [1971 c.513 §30; 1983 c.350 §204] Position numbers for board
members elected at-large, and their respective successors in office in
the event of vacancies before the expiration of their terms, in districts
changing the method of election of any of the board members shall be
determined by drawing by the affected board members under the supervision
of the county clerk of the principal county. As soon as possible after
the drawing, the county clerk of the principal county shall furnish a
certified statement to each affected board member of the position number
drawn by the board member. A copy of the statement shall be filed with
the county clerk of the principal county and with the administrative
office of the district. [1971 c.513 §31]ELECTIONS GENERALLY (1) ORS chapter 255 governs the
following:

(a) The nomination and election of board members.

(b) The conduct of district elections.

(2) The electors of a community college district may exercise the
powers of the initiative and referendum regarding a district measure, in
accordance with ORS 255.135 to 255.205.

(3) ORS 249.865 to 249.877 govern the recall of board members.
[1983 c.350 §206] (1) Except as provided by ORS
chapter 255 and ORS 294.421 (Local Budget Law), notice of community
college district organization and merger, community college district
budgets and community college district purchasing shall be given only as
provided in this section.

(2) Whenever notice is required, the board shall cause the notice
to be published in one or more of the newspapers published in the
district and having a general circulation in the district. If no
newspaper is published in the district, the notice shall be published in
some newspaper designated by the board and having circulation throughout
the district. The notice shall be published in at least two issues of
each designated newspaper.

(3) The board may also cause broadcasting of any notice required to
be published in the manner provided in ORS 193.310 to 193.360.

(4) The board shall cause the time and place of publishing each of
the notices required by subsection (1) of this section and the content of
such notices to be recorded in the minutes of the board. [1971 c.513 §11;
1973 c.796 §56; 1983 c.350 §207] The board may call a special election
upon questions as to the issuance of bonds, the levy of taxes which may
not be levied without the affirmative vote of the people and any other
questions which may be submitted to the electors of such districts. [1971
c.513 §17; 1973 c.796 §57; 1983 c.350 §208]
Any of the questions to be submitted to the electors of any district must
be submitted in the form of a resolution of its board. The resolution
shall specify the questions to be voted upon and the date for holding any
special election. The board may adopt any such resolution on its own
motion, and must adopt the resolution when petitioned by the requisite
number of electors of the district. [1971 c.513 §18; 1974 c.45 §7; 1983
c.350 §209] During
the period following an election or other action resulting in a boundary
change in a district and prior to the date the change becomes effective,
the district or districts from which an area will be separated as a
result of the boundary change may hold elections for all legal purposes
but the electors registered in the area to be separated as a result of
the boundary change shall not be qualified to vote in any such election.
The election on any measure in such district or districts shall not
affect or encumber the area to be separated. [1971 c.513 §22; 1983 c.83
§77]ESTABLISHMENT AND OPERATION OF COMMUNITY COLLEGES(Establishment) Upon approval of the
State Board of Education, a community college may be established by a
community college district in which all the requirements for formation of
the district are met and for which adequate building space, library and
suitable laboratory or shop space for the courses to be offered are
available or will be available before classes begin. [Formerly 341.520;
1967 c.465 §4] The official name of every
community college shall include the words “community college.” [1965 c.19
§1; 1971 c.513 §88] (1)(a)
Subject to the requirements of subsection (2) of this section, the name
of any community college district or community college may be changed by
resolution of the district board of education. The district board shall
submit the proposed name change to the State Board of Education for its
approval or disapproval. If the proposed name change is approved by the
state board, it shall be submitted to a public hearing in the district.
If the state board disapproves the proposed name change, the district
board may rescind its resolution or revise it to reflect a different name
which must be submitted to the state board for its approval or
disapproval.

(b) If the proposed name is approved by the state board, notice of
the hearing shall be given as provided in ORS 341.357. The proposed
change shall take effect 21 days after the final adjournment of the
public hearing unless a remonstrance is filed under subsection (2) of
this section.

(2) If a remonstrance to the proposed name change is filed with the
district board within 20 days after the final adjournment of the public
hearing under subsection (1) of this section, the district board must
submit the question of the proposed name change to the electors of the
district unless the board rescinds its resolution. The remonstrance must
be signed by at least five percent or at least 50, whichever is less, of
the electors of the district. The proposed name change shall be submitted
to the electors at the regular school election next following adoption of
the resolution.

(3) If the majority of votes cast at the election favor the change,
it shall take effect upon the canvass and return of the vote. If the
majority of votes cast oppose the change, it shall not take effect. [1971
c.513 §94; 1991 c.397 §3](Programs and Courses)(1) Before an educational program is commenced at any
community college, the board of education of a community college district
shall apply to the State Board of Education for permission to commence
the program. After the first year of the program, course additions,
deletions or changes must be presented to the State Board of Education or
a representative of the Department of Community Colleges and Workforce
Development authorized to act for the state board for approval.

(2) Until the community college becomes accredited by the Northwest
Association of Schools and Colleges or its successor, the community
college shall contract with an accredited community college for its
instructional services, including curricula, to ensure its courses carry
accreditation and are acceptable for transfer.

(3) After reviewing the contractual agreement between the
nonaccredited and the accredited colleges and after suggesting any
modifications in the proposed program of studies, the State Board of
Education shall approve or disapprove the application of a district.
[Formerly 341.560; 1971 c.513 §89; 1991 c.757 §6; 1995 c.67 §17; 1997
c.270 §1; 1999 c.147 §§1,2](1) A community
college district may contract with another community college district,
common or union high school district, education service district, the
Department of Higher Education, the Oregon Health and Science University,
with a private educational institution accredited by the Northwest
Association of Schools and Colleges or its successor or a career school
as defined in ORS 345.010 to obtain educational services for students
enrolled in the community college of the district. However, the
educational services so obtained must meet the standards for educational
services provided by the college and the contract price to the college
for such services must not exceed the costs which would otherwise be
incurred by the college to provide its students the same or similar
services.

(2) Educational services for which a district operating a community
college may contract include services offered by correspondence and
services offered electronically or through telecommunications if such
services are accredited by a nationally recognized accrediting
association.

(3) For purposes of ORS 341.626, costs incurred under subsection
(1) of this section shall be considered operating expenses of the
district if the contract is approved by the Commissioner for Community
College Services. [1969 c.673 §17; 1987 c.474 §6; 1995 c.67 §18; 1995
c.162 §68] Every
community college district shall encourage high school students to start
early on a college education by implementing two-plus-two programs and
other related programs. Each community college district shall make at
least one such program available to each interested school district that
is within the boundaries of the community college district. [1997 c.521
§2](1) A community college may give credit for courses or programs
taken in a career school. The courses or programs for which credit may be
given must meet the standards adopted by the State Board of Education
under ORS 345.325, must be taken at a career school domiciled in this
state and must be approved for credit by the Commissioner for Community
College Services.

(2) A community college may charge a transcripting fee to a student
for courses taken at a career school and accepted by the community
college under subsection (1) of this section. Such a fee is to be set by
the board and is to be consistent with other student fees.

(3) Time spent by students on such courses shall not be considered
as clock hours of instruction in determining full-time equivalency for
purposes of ORS 341.626. [1965 c.529 §9; 1975 c.478 §27; 1987 c.474 §8;
1995 c.67 §19; 1995 c.343 §32] A
community college offering a traffic safety education course under ORS
336.795 to 336.815 shall give no credit for completion thereof and time
spent by students on such courses shall not be considered as clock hours
of instruction in determining full-time equivalency for purposes of ORS
341.626. [1969 c.623 §4; 1995 c.67 §20; 1999 c.328 §14] If a board of education
of a community college determines that enrollment is sufficient to make
an American Sign Language class economically viable and if qualified
instructors are available, the board may offer to students courses for
credit in American Sign Language. Such courses shall satisfy any second
language elective requirement. [1995 c.687 §2]Note: 341.463 was enacted into law by the Legislative Assembly but
was not added to or made a part of ORS chapter 341 or any series therein
by legislative action. See Preface to Oregon Revised Statutes for further
explanation. The board of a district
operating a community college, upon approval of the State Board of
Education, may award certificates and associate degrees indicating
satisfactory completion of a course of study offered by the community
college. [Formerly 341.580](Students) A community college district may
establish a student loan fund and apply to and receive from the federal
government such grants or loans as may be available for such loans.
[Formerly 341.815] (1) In addition to any other scholarships
provided by law, the board may award tuition and fee-exempting
scholarships in the college to students applying for enrollment or who
are enrolled in the college.

(2) Scholarships shall be awarded on the basis of the student’s:

(a) Demonstrated ability to profit from either professional
technical or college transfer courses; and

(b) Need for financial assistance.

(3) In addition to the qualifications specified in subsection (2)
of this section, the board awarding the scholarship may prescribe
qualifications that are of such nature that scholarships awarded under
this section will benefit both the student and the people of this state.
[1965 c.148 §1; 1971 c.513 §91; 1993 c.45 §136] (1) A district shall admit high
school graduates who are residents of Oregon and may admit other
residents who, in the judgment of the administration of the district, are
capable of profiting from the instruction offered in a specific course or
program without regard to age. In the case of a student younger than 16
years of age, the college administration shall make the final
determination.

(2) Districts may also admit persons who are not residents of the
district or of the state, including persons who are not citizens of the
United States, if such admission is considered suitable.

(3) Upon application of a qualified high school student residing in
this state and upon agreement between the district and the school
district in which the student resides, the student may be admitted to the
community college.

(4) Any district may contract with another district to admit
students of either college to the college of the other. [1965 c.262 §3;
1993 c.45 §138; 1995 c.67 §21](1) In the
event of an agreement between two colleges to admit each other’s
students, if the student seeking admission to the community college
resides within that college’s district, no additional reimbursement shall
be required from any college district. However, if the student does not
reside within the district, a contract of reimbursement may be entered
into between the district and any other district. The contract shall
provide for reimbursement to the district for each student in an amount
not to exceed the difference between the per student operating expense of
the district and the amounts obtained from the student for tuition and
fees and obtained from state and federal aid.

(2) By agreement of the contracting districts, the contracts for
reimbursement referred to in subsection (1) of this section may provide
that payments to the district be based on expenses of the district other
than operating expenses. Such payments shall be in addition to the
reimbursable amounts referred to in subsection (1) of this section.

(3) If a high school student enrolls in a planned program agreed
upon by the school district and the community college during regular
school hours, the community college may include the high school student
in determining the number of full-time equivalent students for the
purposes of ORS 341.626 and other laws governing the distribution of
state and federal funds to such colleges. However, the school district in
which the high school student resides is not obligated to make any
adjustment in its report under ORS 327.133. [1965 c.262 §§5,6; 1995 c.67
§22](1) Community
colleges in Oregon shall admit students from other states at the same
tuition rate assessed against Oregon residents who are residents of the
community college district if:

(a) The state in which the student resides agrees to pay and pays
its per capita state aid for comparable students in the state to the
community college;

(b) The state in which the students reside agrees to permit and
permits one-for-one full-time enrollment exchange arrangements that allow
an equal number of Oregon residents to be admitted to community colleges
or comparable institutions in the state at the same tuition rate assessed
against residents of the state and community colleges or comparable
institutions in the state in which the students reside agree to admit and
admit approved Oregon residents without assessing nonresident tuition; or

(c) The board of the community college determines out-of-state
residents are essential to providing the critical mass to offer programs
that would otherwise be unavailable to Oregon residents.

(2) The Department of Community Colleges and Workforce Development
shall enter into agreements with such other states as are willing to
agree to the provisions of this section to establish reimbursement
procedures or one-for-one exchange procedures.

(3) In cases described in subsection (1)(a) of this section, the
Department of Community Colleges and Workforce Development shall pay from
funds available therefor to the state that agrees to pay and does pay its
per capita state aid to eligible Oregon community colleges to the credit
of the community college or comparable institution educating the Oregon
resident an amount equal to the amount that would be available under ORS
341.626 if the Oregon resident were enrolled in a community college in
this state. From these same funds, the Department of Community Colleges
and Workforce Development shall pay to the Oregon community colleges
admitting approved one-for-one exchange students as provided by
subsection (1)(b) of this section, from other states, an amount equal to
the amount that would be available under ORS 341.626 as if the enrolled
one-for-one students were Oregon residents. The Department of Community
Colleges and Workforce Development shall not reimburse Oregon community
colleges who admit students from other states under subsection (1)(c) of
this section.

(4) If a state that has entered into the agreement to pay the per
capita state aid to eligible Oregon community colleges as described in
subsections (1) and (2) of this section does not make any payment agreed
to, the agreement terminates after the affected community college
notifies the State Board of Education of the lack of payment. The
termination is effective 30 days after the state board notifies the
appropriate agency of the other state that the agreement is terminated if
no payment is received by the end of the academic period for which
tuition is assessed and no payment is received at that time. The
agreement may be reinstated by mutual consent of the parties.

(5) The State Board of Education shall adopt rules governing
attendance in community colleges or comparable institutions in other
states for purposes of the reimbursement authorized under subsections (1)
and (2) of this section to assure that Oregon residents shall not be the
object of such reimbursement if they can obtain the same education within
the state without undue hardship. [1977 c.643 §§2,3,4,5; 1995 c.67 §23] (1) The
provisions of ORS 341.527 shall not apply to admissions arranged under
ORS 351.647.

(2) For purposes of ORS 341.626, and notwithstanding ORS 341.527,
students who are residents of Idaho, Washington, California and Nevada
and students admitted pursuant to ORS 351.647 shall be considered as
residents of Oregon. [1985 c.698 §§2,4; 1997 c.601 §1](1) As used in this section:

(a) “Active member of the Armed Forces of the United States”
includes officers and enlisted personnel of the Armed Forces of the
United States who:

(A) Reside in this state while assigned to duty at any base,
station, shore establishment or other facility in this state;

(B) Reside in this state while serving as members of the crew of a
ship that has an Oregon port or shore establishment as its home port or
permanent station; or

(C) Reside in another state or a foreign country and establish
Oregon residency by filing Oregon state income taxes no later than 12
months before leaving active duty.

(b) “Armed Forces of the United States” includes:

(A) The Army, Navy, Air Force, Marine Corps and Coast Guard of the
United States;

(B) Reserve components of the Army, Navy, Air Force, Marine Corps
and Coast Guard of the United States; and

(C) The National Guard of the United States and the Oregon National
Guard.

(c) “Dependent children” includes any children of an active member
of the Armed Forces of the United States who:

(A) Are under 18 years of age and not married, otherwise
emancipated or self-supporting; or

(B) Are under 23 years of age, unmarried, enrolled in a full-time
course of study in an institution of higher learning and dependent on the
member for over one-half of their support.

(2) Community colleges in Oregon shall admit active members of the
Armed Forces of the United States and their spouses and dependent
children in the same manner as Oregon residents who are residents of the
community college district and shall assess the same fees and tuition
rates. [1987 c.162 §5; 1989 c.264 §2; 2003 c.242 §3](1) A student at a community college who is a member of the
military and who is ordered to federal or state active duty for more than
30 consecutive days has the following rights:

(a) With regard to a course in which the student is enrolled and
for which the student has paid tuition and fees, the right to:

(A) Withdraw from the course, subject to the provisions of
subsection (2) of this section;

(B) Receive a grade of incomplete and, upon release from active
duty, complete the course in accordance with the community college’s
practice for completion of incomplete courses; or

(C) Continue and complete the course for full credit, subject to
the provisions of subsection (3) of this section;

(b) The right to a credit described in ORS 341.532 for all amounts
paid for room, board, tuition and fees;

(c) If the student elects to withdraw from the community college,
the right to be readmitted and reenrolled at the community college within
one year after release from active duty without a requirement of
redetermination of admission eligibility; and

(d) The right to continuation of scholarships and grants awarded to
the student that were funded by the community college or the Oregon
Student Assistance Commission before the student was ordered to active
duty.

(2) If the student elects to withdraw from a course under
subsection (1)(a)(A) of this section, the community college may not:

(a) Give the student academic credit for the course from which the
student withdraws;

(b) Give the student a failing grade or a grade of incomplete or
make any other negative annotation on the student’s record; or

(c) Alter the student’s grade point average due to the student’s
withdrawal from the course.

(3) A student who elects to continue and complete a course for full
credit under subsection (1)(a)(C) of this section is subject to the
following conditions:

(a) Course sessions the student misses due to active duty shall be
counted as excused absences and may not adversely impact the student’s
grade for the course or rank in the student’s class.

(b) The student may not be automatically excused from completing
course assignments due during the period the student serves on active
duty.

(c) A letter grade or a grade of pass may be awarded only if, in
the opinion of the teacher of the course, the student completes
sufficient work and demonstrates sufficient progress toward meeting
course requirements to justify the grade.

(4) Boards of education of community college districts shall adopt
rules for the administration of this section.

(5) As used in this section, “member of the military” means a
person who is a member of:

(a) The Oregon National Guard or the National Guard of any other
state or territory; or

(b) The reserves of the Army, Navy, Air Force, Marine Corps or
Coast Guard of the United States. [2005 c.170 §2; 2005 c.836 §15](1)(a) The amount of the credit specified
in ORS 341.531 (1)(b) shall be based on:

(A) The amount of room and board paid by the student for a term
that the student does not complete because the student is ordered to
active duty; and

(B) The amount of tuition and fees paid by the student for a course
from which the student withdraws.

(b) The amount of the credit shall be prorated based on the number
of weeks remaining in the term or course when the student withdraws.

(c) At the time a student withdraws from a course at a community
college or from the community college, the student must elect to claim
the credit:

(A) As a credit toward tuition and fees or room and board if the
student reenrolls at the community college under ORS 341.531 (1)(c); or

(B) As a monetary payment.

(2) A student who elects to claim the credit by the method
described in subsection (1)(c)(A) of this section may change the method
of claiming the credit to the method described in subsection (1)(c)(B) of
this section by giving notice to the community college from which the
student withdraws.

(3) A student who elects to claim the credit by the method
described in subsection (1)(c)(A) of this section must use the credit or
change the method of claiming the credit under subsection (2) of this
section within one year after release from active duty.

(4) A personal representative of a student who elected to claim the
credit by the method described in subsection (1)(c)(A) of this section
may claim a monetary payment upon presenting evidence to the community
college that the student died while serving on active duty.

(5) Boards of education of community college districts shall adopt
rules for the administration of this section, including rules that
determine the amount of credit and the method by which the credit is
prorated. [2005 c.170 §3]

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