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| Home > Statutes > Usa Oregon |
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USA Statutes : oregon
Title : TITLE 30 EDUCATION AND CULTURE
Chapter : Chapter 344 Career and Professional Technical Education; Rehabilitation; Adult Literacy
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It shall be the policy on professional technical education and
employment training in this state that:
(1) Accessibility to professional technical education programs
should be facilitated. Individuals should have a choice of training
opportunities for which they are qualified and from which they can
benefit. Such opportunities should be available from school districts,
community colleges, federal and state workforce training programs,
private professional technical schools, apprenticeship programs and
institutions of higher education. The student should have easy access to
training with the flexibility to move in and out of programs as needs
indicate. Opportunities should be available for all individuals to obtain
the skills and knowledge needed for initial employment as well as for
occupational upgrading and job changes.
(2) State and local planning and program operations should be
coordinated to provide the most efficient use of federal, state, local
and private resources.
(3) A comprehensive system of education and employment training
should be developed. Secondary schools should provide an educational
program that balances the educational skills of reading, writing,
speaking, computation and reasoning ability, occupational skills
including technical knowledge, manipulative ability and other skills
required to perform job tasks and employment skills such as job seeking,
work attitude, work adjustment and job-coping abilities. Community
colleges should provide comprehensive programs in both academic and
professional technical subjects. In addition, community colleges should
provide short-term training designed for specific occupations, related
training for apprenticeships and opportunities for employed persons to
improve their skills. Other providers of employment training should
compliment this effort with programs aimed at specific job training.
(4) Full working partnerships among education, business, industry,
labor, government and agriculture should be developed to meet employer
needs for a skilled workforce and to promote employee job satisfaction.
Such partnerships should be fostered by promoting efforts such as work
site training stations, lending or donating of equipment to training
programs, employee-teacher exchange programs, advisory committees and
cooperative work experience programs. All segments of the community
should be encouraged to assist in professional technical training.
(5) Federal, state, local and private funding resources should be
combined to ensure the development and implementation of quality
programs. Both the governmental and private sectors should make a
commitment to professional technical training as an investment that will
help bring about economic development and stability as well as high
social and financial returns. Improvement of existing training programs,
as opposed to development of duplicative or parallel efforts, should be
utilized to promote flexibility and economy in the design and delivery of
professional technical education.
(6) High quality professional technical training requires an
adequate supply of well prepared teachers and support personnel.
Provisions should be made for the formal preparation of teachers and for
the recruitment of teachers from business and industry. Programs should
be designed and implemented to ensure that teachers remain current in
their areas of expertise, and instructors should be encouraged to return
to business and industry to gain additional experience in their fields.
To promote retention of qualified personnel, institutions preparing and
licensing teachers and agencies employing teachers should allow credit
for relevant professional technical experiences.
(7) Professional technical education programs and other employment
training programs should be developed, operated and evaluated jointly
with representatives of the professional technical instructional areas
included in the programs. Evaluation of efforts should consider the cost
effectiveness of the program both for society and the state.
(8) Each student’s educational, professional technical and
employment skills should be assessed upon entering so that proper
placement in the educational program can occur. Credit should be given
for prior education, work experience and community service. Assessments
to determine progress, competency attainment and needed corrective action
should be made on a periodic basis. Assistance in obtaining employment
and follow-through services to help students succeed on the job should be
provided.
(9) Provisions should be made to meet the needs of women,
minorities, disadvantaged or persons with disabilities and others who
have special training needs. Special curricula, facilities, equipment,
counseling and instruction should be provided as necessary. The agencies
and institutions serving these groups should coordinate use of the
available resources to provide cost effective services.
(10) Career education provides the learning experiences needed to
make effective career choices and to develop the attitudes, knowledges
and skills that enable persons to perform successfully in the producer
role and to assist them in other related life roles. It progresses
through the steps of awareness and exploration of work, preparation for a
broad range of occupations and specialization in a specific occupation.
(11) Professional technical education is taught at the secondary
school level, in post-secondary professional technical institutions,
community colleges and apprenticeship programs and may continue through
skill upgrading or retraining for a new career. [1981 c.756 §1; 1993 c.45
§243; 2005 c.22 §238] Each biennium, in
addition to and not in lieu of any other moneys, the Department of
Education shall award a grant to the Frontier Learning Network
professional technical education program. The grant may be used for:
(1) Mobile classrooms;
(2) Developing information and technical systems;
(3) Creating and implementing curricula;
(4) Capital improvements;
(5) Teachers and technical staff;
(6) Distance learning communications expenses; and
(7) Special project materials. [1999 c.1028 §1; 2005 c.22 §239](1) The Oregon Department of Administrative
Services may draw warrants upon any state fund to which federal funds for
training or education have been credited, in payment of vouchers approved
by the Superintendent of Public Instruction or the Commissioner for
Community College Services pursuant to rules of the State Board of
Education, in favor of school districts, education service districts and
community college districts, for such sums, not exceeding $100,000 for a
single district in the aggregate, as the state board, by rule, shall
determine. The warrants, upon delivery thereof to the districts, shall
constitute advances from state funds to enable the districts more readily
to effectuate the purposes set forth in any federal law or regulation
pertaining to professional technical education or other education or
training sponsored by the federal government.
(2) The districts to which moneys are advanced shall be responsible
for the full repayment to the state of all sums advanced. The advances
are not within any limitation upon indebtedness prescribed by law for
districts. The moneys advanced to districts shall not exceed in the
aggregate the moneys to the credit of the state fund from which they are
paid, and shall constitute advances to the recipient district in
anticipation of verified vouchers to be supplied therefor. The advances
are to be used as revolving funds for the payment of the costs of
professional technical training programs. The advances shall be made only
in those cases in which the federal government defrays all or part of the
cost of such programs. [Amended by 1965 c.100 §435; 1965 c.102 §1; 1983
c.740 §109; 1989 c.491 §48; 1993 c.45 §244] (1) All
reimbursement vouchers for claims paid from the revolving funds mentioned
in ORS 344.070 shall be approved by the Superintendent of Public
Instruction or the Commissioner for Community College Services pursuant
to rules of the State Board of Education. When vouchers are so approved,
warrants covering the same shall be drawn by the Oregon Department of
Administrative Services, payable from the appropriate fund, and be used
to reimburse the revolving funds.
(2) The districts receiving such advances shall maintain their
accounts and records so as to disclose at all times the true status of
the unpaid vouchers issued for the reimbursement of the funds, the
district warrants drawn against the funds advanced and the balances to
the credit thereof.
(3) The revolving funds and accounts shall be subject to
examination and audit by the state in the manner provided by law for
other state funds and accounts. The State Board of Education may require
an audit of the revolving accounts and shall take proper precautions as
to the safety of, and accountability for, all funds advanced.
(4) The State Board of Education may require the filing with it of
a bond of a corporate surety duly licensed to transact business in this
state to insure the proper handling of and responsibility for any funds
advanced. The bond shall be cumulative and supplemental to fidelity
insurance coverage already held by the district concerned. The state may
have recourse to any and all fidelity bonds of clerks or other financial
officers of the district to protect such advances. [Amended by 1983 c.740
§110; 1989 c.491 §49; 1993 c.45 §245]When it appears to the Superintendent of Public Instruction or the
Commissioner for Community College Services that the training and
educational programs for which funds are advanced under ORS 344.070 have
been completed, or that the need for such advances or revolving funds no
longer exists, or that the sums advanced are not being properly handled
or accounted for, the superintendent or commissioner may require that all
or part of the amounts advanced to any district shall be returned, with
any interest earned, to the state funds or accounts from which the
amounts originally were withdrawn. Upon receipt of notification from the
superintendent or commissioner that funds advanced are to be returned,
the district concerned shall immediately repay the same to the State
Treasurer, for credit to the proper fund or account. To the extent that
funds advanced are so repaid, security or protection theretofore required
by the State Board of Education under ORS 344.080 (4) to insure the
safety of such funds may be released. [Amended by 1989 c.491 §50; 1993
c.45 §246] The State of
Oregon hereby accepts all provisions and benefits of an Act of Congress
with the stated purpose: “To make the United States more competitive in
the world economy by developing more fully the academic and occupational
skills of all segments of the population. This purpose will principally
be achieved through concentrating resources on improving educational
programs leading to academic and occupational skill competencies needed
to work in a technologically advanced society.” [Amended by 1993 c.45
§247] All lawfully incurred
claims duly approved pursuant to rules of the State Board of Education,
including all claims to be paid from the moneys received by the state
from the federal government for professional technical education purposes
and for which the State Treasurer is custodian shall be paid as provided
in ORS 293.295 to 293.462. The Oregon Department of Administrative
Services shall draw warrants on the State Treasurer in payment thereof
out of the proper appropriations or funds. [Amended by 1983 c.740 §111;
1989 c.491 §52; 1993 c.45 §249]Any district school board may cooperate
with the State Board of Education in establishment of professional
technical schools or classes giving instruction in agricultural subjects,
the trade or industrial subjects, or in home economics subjects, and may
use any moneys raised by public taxation in the same manner as moneys for
other school purposes are used for the maintenance and support of public
schools. [Amended by 1993 c.45 §250]COORDINATION OF CONTINUING EDUCATION” (1) For the purposes
of ORS 344.259, “continuing education” means organized instruction to
serve the needs of post-secondary students, including but not limited to:
(a) Courses as offered to the regular full-time resident
post-secondary student consisting of professional preparatory courses and
professional supplementary, technical, academic and professional courses;
(b) Developmental education, consisting of adult basic education,
high school completion courses for a high school diploma, instruction to
pass the General Educational Development (GED) tests, English as a second
language instruction, and remedial instruction;
(c) Educational activities, consisting of adult self-improvement
courses and Federal Cooperative Extension Service; and
(d) Hobby and recreation activities.
(2) “Continuing education” for a community college is limited to
instruction within district boundaries and instruction outside district
boundaries offered under contract. [Formerly 348.450; 1997 c.11 §7; 1997
c.230 §1; 1997 c.249 §107] (1) The State Board
of Education shall coordinate continuing education in lower division,
developmental, adult self-improvement, professional and technical
education for agencies under its regulatory authority. The State Board of
Higher Education shall coordinate continuing education in upper division
and graduate education for institutions under its jurisdiction.
(2) When significantly adverse impact is alleged by one or more of
the agencies listed in this subsection, the affected parties jointly
shall provide for written agreements. These agreements shall allocate
responsibility for planning and providing continuing education or
off-campus instruction in specific areas or by specific types. The
agencies are:
(a) The State Board of Education.
(b) The State Board of Higher Education.
(c) Community college districts.
(d) Independent colleges.
(e) Proprietary schools.
(3) In the event the affected parties fail to reach a written
agreement within 120 days following receipt of written notice of the
allegation, either party may request the Education and Workforce Policy
Advisor to review and to recommend resolution.
(4) Nothing in this section prohibits the offering of upper
division or graduate programs within 30 miles of the campus of the
Department of Higher Education institution offering the program, or the
offering of lower division programs within 30 miles of the campus
offering the program in areas outside a community college district. Such
programs are entitled to the same college credit and financial support as
programs offered on the campus of the institution. [Formerly 348.460;
1997 c.652 §31; 2003 c.14 §152]VOCATIONAL REHABILITATION
(1) “Department” means the Department of Human Services.
(2) “Director” means the Director of Human Services.
(3) “Disabled individual” means any person who has a substantial
occupational handicap due to a physical or mental condition except
blindness.
(4) “Maintenance” means money payments, during vocational
rehabilitation, to individuals with occupational handicaps found to
require financial assistance with respect thereto in order to effectuate
the vocational rehabilitation of such individuals.
(5) “Occupational handicap” means a physical or mental condition
other than blindness which, regardless of its origin, constitutes,
contributes to, or, if not corrected, will probably result in, an
obstruction to occupational performance or the condition of being an
untrained individual.
(6) “Occupational licenses” means any license, permit or other
written authority required by any governmental unit to be obtained in
order to engage in any occupation.
(7) “Occupational tools, equipment and supplies” means such
customary implements, appliances, apparatus, fixtures and materials as
are necessary for the successful prosecution of the employment objective
of an individual with an occupational handicap.
(8) “Physical restoration” means any medical, surgical or
therapeutic treatment necessary to correct or substantially modify an
individual’s occupational handicap within a reasonable length of time.
The term includes but is not limited to medical, psychiatric, dental and
surgical treatment, nursing services, hospital and convalescent home
care, medical and surgical drugs and supplies, and prosthetic appliances,
excluding curative treatment for acute or transitory conditions.
(9) “Prosthetic appliance” means any artificial appliance designed
to support or take the place of a part of the body or to increase the
acuity of a sense organ.
(10) “Rehabilitation training” means all training provided,
directly or through public or private instrumentalities, to an individual
to compensate for the occupational handicap of the individual. The term
includes but is not limited to manual, preconditioning, prevocational,
vocational and supplementary training and training provided for the
purpose of achieving broader and more remunerative skills and capacities.
(11) “Severely handicapped individual” means a disabled individual
who, because of the nature of disabilities, is not able to participate
fully in competitive employment, and for whom specialized employment
opportunities must be provided.
(12) “Untrained individual” means any person without mental or
physical disability who has a substantial occupational handicap due to
lack of occupational training, experience, skills or other factors and
who is receiving and, in the opinion of the Department of Human Services,
probably will continue to receive public assistance because of the
occupational handicap of the individual.
(13) “Vocational rehabilitation” and “vocational rehabilitation
services” mean any services necessary to enable an individual with an
occupational handicap to engage in a remunerative occupation and include,
but are not limited to, medical and vocational diagnoses, vocational
guidance, counseling and placement, rehabilitation training, physical
restoration, transportation, occupational licenses, occupational tools,
equipment and supplies, maintenance and training books, supplies and
materials. [1965 c.100 §437 (enacted in lieu of 344.510); 1967 c.552 §1;
1969 c.597 §160; 1969 c.614 §1; 2001 c.900 §56]
Notwithstanding any other provisions of the law, the Department of Human
Services shall perform the following vocational rehabilitation functions:
(1) Establish and enforce such rules as may be necessary to:
(a) Carry out ORS 344.511 to 344.690 and 344.710 to 344.730; and
(b) Safeguard the confidential character of vocational
rehabilitation information and records.
(2) Cooperate with public and private departments, agencies and
institutions in:
(a) Providing for the vocational rehabilitation of individuals with
occupational disabilities;
(b) Studying the problems involved therein; and
(c) Establishing, developing and providing, in conformity with ORS
344.511 to 344.690 and 344.710 to 344.730, such programs, facilities and
services as may be necessary.
(3) Enter into reciprocal agreements with other states relative to
the provision of vocational rehabilitation to residents of the states
concerned.
(4) Conduct research and compile statistics relating to the
vocational rehabilitation of individuals with occupational disabilities.
(5) Encourage and assist severely disabled individuals in the
establishment, maintenance and conduct of appropriate home industries
within their capacities and in the promotion of the sale and distribution
of the products of such home industries. All funds collected or received
from such activities shall be deposited in a permanent special fund in
the State Treasury and shall be used for the operation of such home
industries as determined by the department.
(6) For rehabilitation facilities:
(a) Establish, conduct and maintain facilities necessary for the
sheltered employment of severely disabled individuals;
(b) Pay the individuals employed in the facilities suitable wages;
(c) Devise means for the sale and distribution of the products of
the facilities;
(d) Devise a subsidy program, and include a plan for its funding in
each biennial budget submitted to the Legislative Assembly; and
(e) Take such other action as may be necessary to insure the
successful operation of the facilities established.
(7) Deposit in the State Vocational Rehabilitation Account all
funds collected or received from activities described in subsection (6)
of this section, which shall be used for the operation of facilities
necessary for the sheltered employment of severely disabled individuals
as determined by the department.
(8) Take such other action as may be necessary to carry out ORS
344.511 to 344.690 and 344.710 to 344.730. [Amended by 1963 c.522 §2;
1965 c.100 §438; 1967 c.552 §3; 1969 c.597 §165; 1971 c.617 §1; 1989
c.224 §55; 1991 c.93 §5; 1991 c.122 §10; 2001 c.900 §57; 2005 c.755 §21] The Department of Human Services:
(1) Shall cooperate with the federal government in carrying out the
purposes of any federal Act pertaining to vocational rehabilitation, and
in related matters of mutual concern, including the adoption of methods
of administration found by the federal government to be necessary for the
efficient operation of plans for vocational rehabilitation.
(2) May apply for federal funds and accept and enter into any
contracts or agreements in behalf of the state for the receipt of such
funds from the federal government or its agencies for vocational
rehabilitation purposes. [Amended by 1965 c.100 §439; 1967 c.552 §4; 1969
c.597 §166] (1)
Vocational rehabilitation services shall be provided to any disabled
individual:
(a) Who is in the state and files an application therefor and who
is not in the state for the sole purpose of receiving vocational
rehabilitation services.
(b) Who is eligible for vocational rehabilitation service under the
terms of an agreement with another state or with the federal government.
(2) Except as otherwise provided by law or as specified in any
agreement with the federal government with respect to classes of
individuals certified by the Department of Human Services, the following
rehabilitation services shall be provided at public cost only to disabled
individuals found to require financial assistance with respect thereto:
(a) Physical restoration.
(b) Transportation not provided to determine the eligibility of the
individual for vocational rehabilitation services and the nature and
extent of the services necessary.
(c) Occupational licenses.
(d) Customary occupational tools and equipment.
(e) Maintenance.
(f) Training books and materials. [Amended by 1965 c.100 §440; 1967
c.552 §5; 1969 c.614 §2; 2005 c.22 §240] (1) When an
individual with an occupational handicap is to be trained as an
apprentice as defined in ORS 660.002 to 660.210, or in a trade or craft
for which training standards are established under ORS 660.002 to
660.210, the training shall be subject to the provisions of ORS 660.002
to 660.210, and shall be under the jurisdiction of the State
Apprenticeship Council in cooperation with the Department of Human
Services.
(2) This section is not intended to limit any necessary financial
assistance to which or for which an individual with an occupational
handicap would otherwise be entitled under ORS 344.550. [1963 c.522 §9] Applications for vocational
rehabilitation under ORS 344.550 shall be made in such manner and form
and contain such information as the Director of Human Services may
require. Whenever the Department of Human
Services receives an application for vocational rehabilitation under ORS
344.560, it shall promptly cause to be obtained and recorded, with
respect to such applicant, all essential, pertinent information
concerning the circumstances, health condition, vocational aptitudes and
experience of the applicant, and such other information as may be
necessary for the determination of the eligibility of the applicant and
of the nature and amount of vocational rehabilitation services needed. Any payments made to an
individual with an occupational handicap as maintenance under ORS 344.511
to 344.690 and 344.710 to 344.730 shall not be transferable or assignable
at law or in equity. None of the money payable under ORS 344.511 to
344.690 and 344.710 to 344.730 shall be subject to execution, levy,
attachment, garnishment or other legal process or to the operation of any
bankruptcy or insolvency law. [Amended by 1963 c.522 §4] Any individual applying for or
receiving vocational rehabilitation who is aggrieved because of the
Department of Human Services’ decision or delay in making a decision
shall be entitled to appeal to the department, and opportunity for
hearing as a contested case shall be accorded as provided in ORS chapter
183 and chapter 734, Oregon Laws 1971. [Amended by 1967 c.552 §6; 1971
c.734 §38]Note: Legislative Counsel has substituted “chapter 734, Oregon Laws
1971,” for the words “this 1971 Act” in section 38, chapter 734, Oregon
Laws 1971, compiled as 344.590. Specific ORS references have not been
substituted, pursuant to 173.160. The sections for which substitution
otherwise would be made may be determined by referring to the 1971
Comparative Section Table located in Volume 20 of ORS. Except
for purposes directly connected with the administration of vocational
rehabilitation, and in accordance with the rules and regulations of the
Department of Human Services, no person shall solicit, disclose, receive,
make use of or authorize, knowingly permit, participate in or acquiesce
in the use of, any list of or names of, or any information concerning
persons applying for or receiving vocational rehabilitation directly or
indirectly derived from the records, papers, files or communications of
the state or subdivisions or agencies thereof, or acquired in the course
of the performance of official duties. [Amended by 1967 c.552 §7](1) There is established in the
General Fund of the State Treasury a State Vocational Rehabilitation
Account. The account shall consist of all moneys made available to the
Department of Human Services for rehabilitation purposes. All moneys in
the account are continuously appropriated for the purposes of the
administration of ORS 344.511 to 344.690, 344.710 to 344.730 and 344.850.
(2) The State Treasurer is designated custodian of all funds
received from the federal government for the purpose of carrying out any
federal Act pertaining to vocational rehabilitation. The State Treasurer
shall receive such funds and provide for their custody.
(3) Disbursements from the State Vocational Rehabilitation Account
shall be made as directed by the department. The department shall keep a
record of all moneys deposited in such account. The record shall indicate
by separate cumulative accounts the source from which the moneys are
derived and the departmental activity against which each withdrawal is
charged. [Amended by 1967 c.552 §8; 1969 c.597 §167; 1983 c.297 §1; 2001
c.900 §58; 2005 c.755 §22] The Department of Human
Services may receive and accept such gifts, donations and other funds
from either public or private sources as may be offered unconditionally
or under such conditions as in the judgment of the department are proper
and consistent with the provisions of ORS 344.511 to 344.690 and 344.710
to 344.730. Gifts so accepted shall be held in trust for investment,
reinvestment and use in accordance with the conditions of the gift. Such
moneys shall be deposited in the State Treasury to the credit of the
State Vocational Rehabilitation Account. [Amended by 1967 c.552 §9] (1) There is
established the Vocational Rehabilitation Revolving Fund, not to exceed
the sum of $750,000, for the use of the Department of Human Services. The
revolving fund shall be deposited with the State Treasurer to be held in
a special account against which the department may draw checks for the
purposes of paying expenses of vocational rehabilitation services when it
is appropriate to make immediate payments for such services, including
advance payments to applicants for vocational rehabilitation.
(2) Disbursements from the revolving fund may be made by the
department and all vouchers for payments made from the fund shall be
approved by the Director of Human Services. When payments are so
approved, reimbursements shall be made to the department revolving fund
upon order of the director out of funds in the State Vocational
Rehabilitation Account. [1967 c.483 §§2,4; 1969 c.597 §168; 1969 c.614
§§3,3a; 2001 c.900 §59] (1) The warrants
shall be drawn as provided by law in favor of the Department of Human
Services on funds in the State Vocational Rehabilitation Account in the
State Treasury. The funds so advanced shall be used by the department for
the revolving fund set forth in ORS 344.685 (1).
(2) At any time during the biennium for which the advances
mentioned in subsection (1) of this section were made, upon written
request together with a check drawn on the Vocational Rehabilitation
Revolving Fund by the department, the Secretary of State shall return
such advances to the State Vocational Rehabilitation Account.
(3)(a) The State Treasurer shall, from time to time, advance from
funds in the hands of the treasurer not required to meet current demands,
to the Vocational Rehabilitation Revolving Fund established by ORS
344.685 (1), an amount not to exceed $40,000.
(b) The amounts so advanced shall be returned without interest by
the department to the State Treasurer at times and in amounts agreed upon
between the State Treasurer and the department. [1967 c.483 §3; 1969
c.597 §170; 2001 c.900 §231]REHABILITATION FACILITIESAs used in ORS 344.720 and
344.730, “rehabilitation facility” means a nonprofit sheltered or
community-based service established and operated by a public or private
organization to provide two or more of the following services for
individuals with disabilities:
(1) Vocational assessment.
(2) Community integration.
(3) Training.
(4) Employment. [1963 c.506 §2; 1989 c.224 §56; 1991 c.93 §6; 2003
c.14 §153](1) Upon approval of the rehabilitation facility and within the
limits of available funds, the Department of Human Services may make
grants to assist rehabilitation facilities.
(2) Applications for grants under subsection (1) of this section
shall be made in the manner and form and contain the information required
by the department.
(3) The approval of the department required by subsection (1) of
this section shall be based on reasonable and satisfactory assurance of:
(a) Provision for vocational training and employment experience to
enable the disabled or severely disabled individuals to participate in
competitive employment when the physical condition of the person warrants
such employment.
(b) Compliance with the rules of the department applicable to
rehabilitation facilities. [1963 c.506 §3; 1965 c.100 §441; 1967 c.552
§10; 1989 c.224 §57; 1991 c.93 §7] All rehabilitation facilities which
receive state aid under the provisions of ORS 344.710 to 344.730, on or
before January 15, shall file with the Department of Human Services a
financial report on the preceding year in the form prescribed by the
department. [1963 c.506 §4; 1991 c.93 §8] (1) There is
established a state advisory committee that shall function solely in an
advisory capacity to the Director of Human Services on vocational
rehabilitation services. The director shall appoint members to the
advisory committee. A majority of the advisory committee shall be
disabled persons.
(2) The director shall include advisory committee recommendations
in the Department of Human Services’ decision-making process. The
advisory committee shall:
(a) Collect and study data and other information and offer advice
concerning specialized needs of specific client groups;
(b) Provide liaison between the department and the rehabilitation
community;
(c) Review and suggest new and revised legislation affecting the
provision of vocational rehabilitation services to Oregon’s disabled;
(d) Study, collect data and offer advice regarding high priority
issues identified by the department;
(e) Consider items of statewide concern relayed from regional
advisory committees; and
(f) Utilize regional committees as a resource for gathering
information as it relates to the individual areas.
(3) Through the advisory committee, the department shall take into
account views of individuals and groups who are recipients of vocational
rehabilitation services, providers of vocational rehabilitation services
and others who are active in the vocational rehabilitation field, in
connection with matters of general policy, program development and
implementation. [1989 c.225 §1; 1999 c.59 §91; 2001 c.900 §60]YOUTH APPRENTICESHIP, TRAINING AND WORK BASED LEARNING PROGRAMS(1)
The State Apprenticeship and Training Council and the Department of
Education shall establish youth apprenticeship and training and work
based learning programs to provide occupational skill training for up to
2,000 individual high school students in each biennium. Notwithstanding
the limitation on the number of program participants, the department and
the Bureau of Labor and Industries may increase the number of
participants if federal funds become available for such an increase. In
the building and construction trades industries, there shall be a maximum
of 100 youth apprentices or trainees per biennium. However, the council
has the authority to increase the number of youth apprentices in building
and construction trades on the basis of demonstrated industry need.
(2) Participating students must be 16 years of age or older and
must be enrolled in a high school professional technical program that is
applicable to the specific youth apprenticeship and training or work
based learning program for which they are applying. Students must
demonstrate mastery of the essential competencies contained in an
approved career exploration curriculum prior to being registered as a
youth apprentice or trainee. In licensed trades for building and
construction and for the operation of equipment and machinery defined as
hazardous, on-the-job training for students 16 or 17 years of age may be
simulated cooperatively at a training site.
(3) Participating schools shall develop and maintain a list of
students eligible for youth apprenticeship and training programs. In a
cooperative effort, school districts, education service districts and
local apprenticeship and training committee members shall review and
select students for participation from the list of eligible students
established under this subsection.
(4) Employers under ORS 660.002 to 660.210 shall cooperate with the
State Director of Apprenticeship and Training through the applicable
apprenticeship committee to develop training guidelines consistent with
youth apprenticeship and training standards for a specific trade. The
guidelines shall provide listing of work processes and related training
to be done that will permit the student to acquire necessary skills. The
employer, school and youth apprentice shall evaluate monthly the
student’s progress in high school curriculum, related training and
on-the-job training.
(5) No registered youth apprentice or trainee shall displace a
regular employee of an approved employer. [1991 c.859 §1; 1993 c.45 §257;
1993 c.765 §27]In addition to the provisions
of ORS 344.745, in each program:
(1) The State Apprenticeship and Training Council shall establish
by rule appropriate youth apprentice or trainee ratios.
(2) The employer shall provide workers’ compensation coverage for
the youth apprentices and trainees as required by ORS 656.033.
(3) The youth apprentice or trainee shall begin at a wage that is
not less than the state minimum wage.
(4) Youth apprentices and trainees shall be evaluated for wage
increases consistent with the policies established by the participating
local apprenticeship or training committee.
(5) Youth apprentices and trainees shall not be employed on
projects subject to the federal Davis-Bacon Act or on projects subject to
ORS 279C.800 to 279C.870, except ORS 279C.820, 279C.825, 279C.865 and
279C.870.
(6) The youth apprentice’s or trainee’s combined in-school
coursework and related training, as well as on-the-job training and other
training experiences, shall not exceed 44 hours per week.
(7) Employment with the employer shall not exceed 20 hours per week
while the student is enrolled in school classes. All or a portion of the
on-the-job training shall be used to meet graduation requirements.
(8) Participating students who fail to regularly attend and make
satisfactory progress in in-school courses and required related training
or who leave high school prior to graduation or completion of their high
school requirements shall automatically be removed from the youth
apprenticeship program. [1991 c.859 §2; 1993 c.45 §258; 1993 c.765 §28;
1995 c.298 §1; 2003 c.794 §257](1) Employers who enter into written
agreements with educational institutions and who are providing training
to participants in youth apprenticeship and training or work based
learning programs are eligible for reimbursement of expenses incurred in
the training process. These expenses may include wages paid to the
student, training costs for mentors and supervisors, equipment costs to
set up youth training capacity, curriculum development costs, costs of
establishing interfirm training centers or other costs necessitated by
the training agreement.
(2) The amount of reimbursement shall be 50 percent of the actual
cost of the investment, such reimbursement not to exceed $2,500 per
student who completes the agreed upon course of study. In the event that
a student drops out of the program through no fault of the employer, the
Department of Education may reimburse the employer for costs incurred to
that point.
(3) Eligible employers may elect to receive education service
credits in lieu of the reimbursement provided in this section. The amount
of the education service credit shall equal the value of the potential
reimbursement on a dollar-for-dollar basis. Education service credits may
be used to purchase educational services provided to the employer by
school districts, education service districts, community colleges, the
Oregon University System or private providers approved by the Department
of Education.
(4) Employers who terminate students without the concurrence of the
school forfeit all claim to reimbursements or education service credits
earned under this section.
(5) The total amount of employer reimbursement allowable under this
section to all employers shall not exceed the amount allocated therefor
biennially from the Administrative Services Economic Development Fund.
(6) Reimbursements allowed under this section must first be
certified with regard to eligibility and availability of funds pursuant
to a method established by the Department of Education in consultation
with the Bureau of Labor and Industries. [1993 c.765 §32]Training agents who terminate youth apprentices without
cause as determined by the appropriate apprenticeship committee prior to
completion of training or who violate ORS 344.745 or 344.750 or rules
adopted pursuant thereto by the State Apprenticeship and Training Council
or the Department of Education, upon notice to the Department of Revenue,
may lose their eligibility for tax credits pursuant to ORS 315.254 and
318.031 and their eligibility to train and employ youth apprentices under
ORS 315.254 and 344.745 to 344.757 for a period of one year. [1991 c.859
§8; 1993 c.45 §259] The Department of Education and the
Bureau of Labor and Industries may apply for and obtain gifts and grants
of money from any public or private source for the use and benefit of
youth apprenticeship and training or work based learning programs and
shall expend funds received in accordance with the terms of such gifts or
grants. [1993 c.765 §33]ADULT LITERACY The Legislative
Assembly finds that:
(1) It is in the state’s interest to ensure coordination of the
various groups providing adult literacy services within communities.
(2) The demands created by new technologies and foreign competition
have intensified the need for a literate workforce.
(3) Community colleges are the major providers of adult literacy to
Oregon communities through adult basic education, General Educational
Development (GED) and reading, tutoring and pre-employment skills classes.
(4) Community colleges present the opportunity of a statewide
network able to link libraries, providers of workforce development
services, community schools, volunteer literacy groups and other
providers of literacy services and resources. [1987 c.190 §2; 1997 c.249
§108; 2001 c.684 §26]
(1) Community colleges may establish local literacy coalitions in the
community college districts and in unserved areas in order to enhance
educational services to undereducated adults.
(2) A literacy coalition in each district shall inform community
members as to the extent of literacy services available in their area.
The coalition shall endeavor to insure that community resources are used
effectively and try to make more services available to undereducated
adults through community efforts. [1987 c.190 §3]ORS 344.760 to 344.770 may be cited as the
“Adult Literacy Act.” [1987 c.190 §1]REHABILITATION OF WORKERSUpon application of the Director of the
Department of Consumer and Business Services, the district school board
of a school district which employs professional technical instructors or
maintains a professional technical training program shall furnish to any
person designated by the director such professional technical instruction
as is provided for district pupils when the facilities of the district
permit. The director shall cause to be paid to the district the actual
cost of such instruction as nearly as may be estimated by the district
school board. [Formerly 344.670; 1965 c.100 §442; 1993 c.45 §260] All
reimbursements to the Department of Human Services made by the Department
of Consumer and Business Services in connection with rehabilitation
services shall be deposited in the State Vocational Rehabilitation
Account and be included in the biennial budget of the Department of Human
Services. [Formerly 344.680; 1965 c.100 §443; 1983 c.297 §2]
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