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| Home > Statutes > Usa Oregon |
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USA Statutes : oregon
Title : TITLE 30 EDUCATION AND CULTURE
Chapter : Chapter 345 Private Schools
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(1) “Agent” means a person employed by or for a career school for
the purpose of procuring students, enrollees or subscribers by
solicitation in any form, made at a place or places other than the school
office or place of business of such school.
(2) “Barbering” has the meaning given that term in ORS 690.005.
(3) “Board” means the State Board of Education.
(4) “Career school” or “school” means any private proprietary
professional, technical, home study, correspondence, business or other
school instruction, organization or person that offers any instruction or
training for the purpose or purported purpose of instructing, training or
preparing persons for any profession.
(5) “Esthetics” has the meaning given in ORS 690.005.
(6) “Hair design” has the meaning given in ORS 690.005.
(7) “License” means the authority the career school has been
granted to operate under ORS 345.010 to 345.450.
(8) “Nail technology” has the meaning given in ORS 690.005.
(9) “Registration” means the approval by the Superintendent of
Public Instruction of a teacher or agent to instruct in or to represent
the school.
(10) “Superintendent” means Superintendent of Public Instruction.
[Amended by 1957 c.279 §1; 1961 c.268 §1; 1965 c.529 §12; 1973 c.239 §1;
1975 c.478 §1; 1977 c.886 §27; 1979 c.387 §1; 1987 c.31 §13; 1989 c.333
§1; 1993 c.267 §19; 1995 c.343 §1; 2005 c.117 §8](Licensing)
(1) Instruction or training solely avocational or recreational in
nature or to institutions offering such education exclusively.
(2) Schools that the Superintendent of Public Instruction
determines are adequately regulated by other means, including but not
limited to accreditation by the Northwest Association of Schools and
Colleges.
(3) Instruction or training sponsored or offered by a bona fide
trade, business, professional or fraternal organization or by a business
solely for the organization’s membership or the business’s employees.
(4) Instruction or training sponsored, offered or contracted by
organizations, institutions or agencies, if the instruction or training
is advertised or promoted to be in the nature of professional
self-improvement but is not advertised or promoted as leading to or
fulfilling the requirements for licensing, certification, accreditation
or education credentials.
(5) Any school approved by the Oregon Student Assistance Commission
to confer or offer to confer academic degrees under ORS 348.606 or any
school described in ORS 348.597.
(6) Schools offering only review instruction to prepare a student
to take an examination to enter a profession, where the student has
completed prior training related to that profession.
(7) Courses offered in hospitals which meet standards prescribed by
the American Medical Association or national accrediting associations for
nursing.
(8) Schools offering only courses of an advanced training or
continuing educational nature when offered solely to licensed
practitioners and people previously qualified or employed in a related
profession.
(9) Any parochial or denominational institution providing
instruction or training relating solely to religion and which does not
grant degrees. [Amended by 1961 c.268 §2; 1965 c.529 §13; 1975 c.478 §3;
1979 c.148 §1; 1979 c.387 §2; 1989 c.333 §2; 1993 c.45 §261; 1995 c.343
§2; 1997 c.652 §32; 2005 c.546 §7](1) The Superintendent of Public
Instruction shall administer ORS 345.010 to 345.450 and 345.992 to
345.997 and shall enforce all laws and rules relating to the licensing of
career schools and agents.
(2) The superintendent may establish procedures whereby schools
become eligible to participate in federal student assistance programs if
approved by the United States Department of Education.
(3) The superintendent and the employees of the Department of
Education shall not have financial interests in any career school and
shall not act as agents or employees thereof. [Amended by 1955 c.527 §1;
1961 c.268 §3; 1975 c.478 §4; 1989 c.333 §3; 1995 c.343 §3](1) No person shall open, conduct or
do business as a career school in this state without obtaining a license
under ORS 345.010 to 345.450.
(2) A license to conduct a career school shall be granted only
after the applicant has presented proof satisfactory to the
Superintendent of Public Instruction or the representative thereof that
the applicant complies with applicable standards adopted under ORS
345.325. ORS 670.280 applies to individuals who hold positions of
authority or control in the operation of the school and to its faculty
members and agents.
(3) A career school licensed in any other state must be licensed in
this state before establishing a physical presence in this state such as
offices or agents, or both, for the purpose of solicitation of students.
(4) The school license is nontransferable. The licensee must give
30 days prior notification to the Department of Education when
transferring ownership.
(5) Each career school shall display its license in a prominent
place.
(6) No career school shall be issued a license or have its license
renewed until the applicant furnishes the superintendent a financial
statement, certified true and accurate and signed by the owner of the
school.
(7) No career school shall be issued a license or have its license
renewed until the applicant provides proof of compliance with the tuition
protection policy established by the State Board of Education pursuant to
ORS 345.110. [Amended by 1961 c.268 §4; paragraph (b) of subsection (2)
and subsection (3) formerly 345.050; 1975 c.478 §5; 1989 c.333 §4; 1993
c.45 §262; 1995 c.343 §4] (1) No
person shall act in this state as an agent for a career school domiciled
within or outside this state, unless the Superintendent of Public
Instruction has approved the agent’s registration as a part of the
school’s license under ORS 345.010 to 345.450. No person shall act as an
agent for a career school unless and until the career school has obtained
a license.
(2) For the purposes of licensing and student protection, persons
acting as agents for a career school domiciled within or outside this
state are employees of the school and shall be included under the
school’s bonding or student protection policy, or both. Agents shall
perform their duties and conduct their business in accordance with ORS
345.010 to 345.450.
(3) An agent shall be a person who has attained the age of 18
years, is of good moral character and is otherwise competent and
qualified to safeguard and protect the interests of the public. [Amended
by 1961 c.268 §5; 1973 c.827 §34; 1975 c.478 §6; 1979 c.744 §16; 1981
c.527 §1; 1989 c.333 §5; 1995 c.343 §5](1) Every agent for a career school not
domiciled in this state shall be held to have appointed the
Superintendent of Public Instruction as agent to accept service of all
summonses, pleadings, writs and processes in all actions or proceedings
brought against the applicant in this state. Service upon the
superintendent shall be taken and held in all courts to be as valid and
binding as if personal service thereof had been made upon the applicant
within this state.
(2) When any summons, pleading, writ or process is served on the
superintendent, service shall be by duplicate copies. One of the
duplicates shall be filed in the office of the superintendent and the
other immediately forwarded by certified mail to the agent thereby
affected or therein named, at the agent’s last-known post-office address.
If service is of a summons, the plaintiff therein also shall cause the
agent to be served therewith in a manner provided by ORCP 7. [Amended by
1961 c.268 §7; 1975 c.478 §7; 1979 c.284 §138; 1989 c.333 §6; 1995 c.343
§6] The
employing school shall issue an identification credential to each agent
registered under ORS 345.010 to 345.450 in the form and size prescribed
by the Superintendent of Public Instruction. Each agent shall carry the
credential at all times while engaged as an agent of the school. [Amended
by 1961 c.268 §8; 1975 c.478 §8; 1989 c.333 §7]
(1) Before issuing any licenses under ORS 345.010 to 345.450, the
Superintendent of Public Instruction shall collect the following
nonrefundable, annual license fees:
___________________________________________________________________________
___ In-State Schools
Tuition Income Range
Fee
$ 0 - 15,000
$ 450
15,001 -
50,000 600
50,001 -
125,000 750
125,001 -
250,000 1,050
250,001 -
500,000 1,350
500,001 -
750,000 1,650
750,001 - 1,000,000
1,950
Over
1,000,000 2,250 Out-of-State Schools
Tuition Income Range
Fee
0 - 50,000
$1,350
50,001 -
250,000 1,650
250,001 -
500,000 1,950
500,001 -
750,000 2,250
750,001 - 1,000,000
2,550
Over
1,000,000 2,850
___________________________________________________________________________
___ (2) The State Board of Education may adopt, by rule, fees for
teacher registration and fees for providing copies of student transcripts
maintained at the Department of Education.
(3) All fees collected under this section shall be paid to the
credit of the department. Such moneys are continuously appropriated to
the department and shall be used for the administration of the licensing
program under ORS 345.010 to 345.450. [Amended by 1955 c.527 §2; 1961
c.268 §9; 1975 c.478 §9; 1989 c.333 §8; 1993 c.45 §263; 1993 c.413 §5;
1999 c.638 §1; 2003 c.540 §1](1) The
Tuition Protection Fund is established separate and distinct from the
General Fund. Interest earned by the fund shall be credited to the fund.
Proceeds of the fund are continuously appropriated to the Department of
Education to protect students when a career school ceases to provide
educational services and for administrative expenses incurred under
subsection (5) of this section.
(2) The Superintendent of Public Instruction shall maintain and
administer the fund, and the State Board of Education shall adopt by rule
procedures governing the administration and maintenance of the fund,
including requirements relating to contributions to and claims against
the fund.
(3) Each career school shall pay to the Tuition Protection Fund an
initial capitalization deposit in amounts and within time limits
established by rule of the board. Thereafter, each school shall make
installment payments based on a matrix adopted by rule of the board. In
establishing the amount and frequency of payments, the board may consider
the enrollment and financial condition of each school and such other
factors as the board considers appropriate. The superintendent may deny,
suspend or revoke the license of a school which fails to make payments or
fails to conform to other requirements of this section or rules adopted
by the board under this section.
(4) The superintendent shall deposit moneys received under this
section with the State Treasurer in the Tuition Protection Fund.
(5) The superintendent may disburse moneys from the fund by checks
or orders drawn upon the State Treasurer in conformance with rules of the
board and only for tuition protection purposes, including the
superintendent’s costs in administering and maintaining the fund.
(6) The superintendent may enter into contracts to carry out the
purposes of the fund. The provisions of ORS 279.835 to 279.855 and ORS
chapters 279A and 279B do not apply to contracts entered into under this
subsection. [Amended by 1975 c.478 §11; 1981 c.897 §49; 1989 c.333 §9;
1991 c.534 §4; 1993 c.45 §264; 1995 c.343 §7; 2003 c.540 §2; 2003 c.794
§257a] (1) In any
contract for the provision of instruction or training or other services
by a career school on credit entered into between a career school and a
student, or between a lending institution which regularly loans money to
students of a particular career school and a prospective student of that
career school, such contract, note or any instrument or evidence of
indebtedness of the student shall have printed on the face thereof the
words “Student Loan.” Such contract, note, instrument or evidence of
indebtedness with the words “Student Loan” printed thereon shall not be a
negotiable instrument within the meaning of ORS chapter 73. However, this
section shall have no force or effect on the negotiability of any
contract, promissory note, instrument or other evidence of indebtedness
owned or guaranteed or insured by any state or federal governmental
agency even though the contract, note, instrument or other evidence of
indebtedness contains the wording required by this subsection.
(2) Notwithstanding the absence of such notice on a contract, note,
instrument or evidence of indebtedness arising out of a contract for the
provision of training or instruction or other services by a career
school, an assignee of the rights of the career school or lending
institution as described in subsection (1) of this section is subject to
all claims and defenses of the student against the career school or
lending institution arising out of the contract for provision of
professional instruction or training or other services. Any agreement to
the contrary shall be of no force or effect in limiting the rights of a
student under this section. The assignee’s liability under this section
shall not exceed the amount owing to the assignee at the time the claim
or defense is asserted against the assignee. The restrictions imposed by
this subsection shall not apply with respect to any promissory note,
contract, instrument or other evidence of indebtedness owned or
guaranteed or insured by any state or federal governmental agency even
though said note, contract, instrument or other evidence of indebtedness
shall contain the words required by subsection (1) of this section.
(3) An assignee of a student loan who in good faith enforces a
security interest in property held by the student shall not be liable to
such student for punitive damages in an action for wrongful repossession.
The fact that a career school misrepresented the nature of the training
or instruction or other services shall not, of itself, make an assignee’s
repossession wrongful. [1975 c.478 §28; 1995 c.343 §8](1) The enrollment
agreement entered into between a person and a career school for the
purpose of obtaining instruction or training shall contain a schedule for
the refund of tuition, deposits and fees when the person does not
complete the course or program of instruction or training which was the
subject of the contract. No action or suit may be brought by a career
school or its assigns if the enrollment agreement does not contain this
refund schedule. This provision shall not limit the career school’s right
to defend any action or suit brought by any person on a contract which
does not contain such a schedule.
(2) The refund schedule required by subsection (1) of this section
shall be established by the Superintendent of Public Instruction in
consultation with the advisory committee appointed under ORS 345.330. In
establishing the refund schedule, the superintendent shall consider:
(a) The reasonable, obligated and fixed costs of the career school,
including but not limited to rent, personnel and nonreturnable supplies.
(b) The method of instruction.
(c) The reasonable value of services performed prior to
cancellation of the course or program.
(3) The superintendent may establish varying refund schedules when
the difference in services performed necessitates separate schedules.
(4) Nothing in this section is intended to prevent a career school
from requiring an advance deposit of tuition on behalf of the person
intending to enroll in a course or program offered by or through the
career school. However, the advance deposit shall be limited to 20
percent of the total tuition and fees, excluding federal and state
financial aid, unless the State Board of Education determines by rule
that larger advance deposits are appropriate.
(5) A school shall be considered in default of the enrollment
agreement when a course or program is discontinued or canceled or the
school closes prior to completion of contracted services. When a school
is in default, student tuition may be refunded on a pro rata basis if the
superintendent determines that the school has made provision for students
enrolled at the time of default to complete a comparable program at
another institution at no additional tuition cost to the student beyond
the original contract with the defaulting school. If the school does not
make such provision, a total refund of all tuition and fees shall be made
to the students. [1965 c.409 §2; 1967 c.67 §16; 1975 c.478 §12; 1989
c.333 §10; 1993 c.742 §78; 1995 c.343 §9] Any
enrollment agreement used within this state as a contract for instruction
between a career school and a student shall have printed or stamped upon
it: “Any inquiry a student may have regarding this contract may be made
in writing to the school (name and address), or to the Superintendent of
Public Instruction, Department of Education, (current address), Salem,
Oregon (current zip code).” [1975 c.478 §22; 1989 c.333 §11; 1995 c.343
§10](1) On the written complaint of any person, the Superintendent
of Public Instruction shall, and on the superintendent’s own motion may,
investigate the actions of any career school or agent, or any person who
assumes to act in either capacity within this state.
(2) As a result of the investigation, and in addition to any
penalty that may be imposed under ORS 345.992, the superintendent may
place a licensee on probation or may suspend or revoke any license issued
under ORS 345.010 to 345.450 when the licensee has:
(a) Obtained a license by misrepresentation.
(b) Violated ORS 345.010 to 345.450 or any applicable rule.
(c) Ceased to engage in the business authorized by the license.
(d) Willfully used or employed any method, act or practice declared
unlawful by ORS 646.608.
(3) When notice of suspension or revocation is issued, the licensee
shall be notified and, upon request, shall be granted a contested case
hearing under ORS 183.310 (2).
(4) A licensee placed on probation must be formally notified by the
superintendent that it has deficiencies that must be corrected within a
time specified in the notice.
(5) A licensee whose license is suspended is prohibited from
advertising, recruiting or enrolling students but may remain in operation
to complete training of students enrolled on the effective date of the
suspension.
(6) A licensee whose license has been revoked is not authorized to
continue in operation on and after the effective date of the revocation.
[Amended by 1965 c.409 §3; 1975 c.478 §13; 1989 c.333 §12; 1993 c.45
§265; 1995 c.343 §11]No career school or its agents or employees shall bring or
maintain any suit or action in any court in or of this state for a cause
of suit or action arising out of doing business as a career school in
this state, without alleging and proving that it has complied with the
applicable licensing provisions of ORS 345.010 to 345.450 and 345.992 to
345.997 at the time such cause of suit or action arose. [Amended by 1975
c.478 §14; 1989 c.333 §13; 1995 c.343 §12] The
remedies provided in ORS 345.010 to 345.450 and 345.992 to 345.997 are in
addition to, and not exclusive of, any other remedies provided by law.
[Amended by 1975 c.478 §15; 1975 c.759 §17a; 1991 c.67 §85] (1) No career school
licensed under ORS 345.010 to 345.450 shall refuse admission to or
discriminate in admission against or discriminate in giving instruction
to any person otherwise qualified.
(2) Any violation of this section is an unlawful practice under ORS
chapter 659A. Any person unlawfully discriminated against under this
section may file a complaint under ORS 659A.820 with the Commissioner of
the Bureau of Labor and Industries.
(3) A certified copy of a finding by the Commissioner of the Bureau
of Labor and Industries under ORS 659A.850 that the school has violated
this section shall be adequate proof of the violation.
(4) As used in this section, “discriminate” has the meaning given
“discrimination” in ORS 659.850. [Amended by 1957 c.724 §11; 1973 c.714
§4; 1989 c.333 §14; 1993 c.45 §266; 1995 c.343 §13; 2001 c.621 §77](Standards) (1) The Legislative
Assembly finds that career schools are capable of increasing the
educational opportunities available in this state or to residents of this
state and of making a contribution to the social and economic progress of
the people of this state. Career schools offer different approaches to
education than do public schools and are often able to provide
professional, technical and placement assistance not otherwise available.
(2) It is the purpose of ORS 345.010 to 345.450 to provide for the
protection, education and welfare of the citizens of this state, its
career schools and its students, by establishing minimum standards
concerning quality of education, ethical and business practices, health
and safety and fiscal responsibility, and protecting against substandard,
transient, unethical, deceptive or fraudulent practices. [1965 c.529 §3;
1975 c.478 §2; 1993 c.45 §267; 1995 c.343 §14] The State Board of
Education shall adopt by rule minimum standards for the licensing of
career schools under ORS 345.010 to 345.450 that are reasonably
calculated to ensure that:
(1) The quality and content of each course or program of
instruction can achieve its stated objective;
(2) The facilities, instructional equipment and materials are
sufficient to enable students to achieve the program goals and are
adequate for the purposes of the program;
(3) The directors, administrators and instructors are properly
qualified;
(4) Prior to an applicant signing an enrollment agreement, the
school provides the applicant with a catalog or brochure that includes an
accurate description of the program for which the applicant is enrolling,
total costs of tuition and fees and other information specified by rule;
(5) Upon satisfactory completion of instruction and training, the
student is given appropriate educational credentials;
(6) Adequate records and standard transcripts are maintained;
(7) The career school is maintained and operated in compliance with
all applicable ordinances and laws;
(8) The career school is financially sound and capable of
fulfilling its commitments to students;
(9) Neither the career school nor its agents engage in advertising,
sales, collection, credit or other practices of any type which are
unlawful under ORS 646.608;
(10) The directors, administrators, supervisors and instructors of
the school are of good reputation and character, except that a school
shall not be placed on probation or a license shall not be denied,
suspended or revoked because a faculty member has been convicted of a
crime except as authorized under ORS 670.280;
(11) Any student housing owned, maintained or approved by the
career school is appropriate, safe and adequate;
(12) The school has a written placement assistance plan; and
(13) A license application from a new school or an application for
approval of a new program from an existing school shall include labor
market information that identifies the need for the new school or
program. [1975 c.478 §21; 1979 c.744 §17; 1989 c.333 §15; 1993 c.45 §268;
1995 c.343 §15] (1) The Superintendent of
Public Instruction shall appoint a representative advisory committee
consisting of 11 members who shall serve for terms of three years ending
June 30. Of the membership of the committee:
(a) Seven members shall be persons affiliated with career schools
as owners, directors, administrators, instructors or representatives, but
not more than one member shall represent an out-of-state career school.
(b) Four members shall be persons who are not eligible under
paragraph (a) of this subsection. At least one of these members shall
have graduated from a career school.
(2) The advisory committee appointed under subsection (1) of this
section shall:
(a) Make recommendations to the superintendent and State Board of
Education concerning the need for professional and technical
instructional and training facilities, the types of instruction and
training needed and by whom these can best be provided.
(b) Recommend standards for career schools as provided in ORS
345.325 which are consistent with the purposes of such schools.
(c) Investigate and present findings to the State Board of
Education on the administration and operation of laws relating to career
schools. However, the investigations and findings of the advisory
committee do not affect the authority of the superintendent to issue,
deny, suspend or revoke the license of any career school.
(d) Consult with the superintendent in determining the refund
schedule under ORS 345.115.
(e) Make recommendations to the superintendent concerning rule
development for ORS 345.010 to 345.450 and 345.992 to 345.997.
(3) Members of the advisory committee are entitled to compensation
and expenses as provided in ORS 292.495 from funds appropriated to the
Department of Education for purposes of administering ORS 345.010 to
345.450. [1965 c.529 §4; 1967 c.67 §17; 1975 c.478 §16; 1989 c.333 §16;
1993 c.45 §269; 1995 c.343 §16] Consistent with the
requirements of ORS 345.325, the advisory committee shall recommend to
the State Board of Education minimum standards for the operation of
career schools. In making its recommendations, the committee shall
consider changes in technological, economic and social conditions which
affect employment needs, opportunities and skills. [1965 c.529 §5; 1975
c.478 §18; 1995 c.343 §17](Hair Design, Barbering, Esthetics and Nail Technology Schools)In addition
to the other requirements of ORS 345.010 to 345.450, the rules adopted by
the State Board of Education to regulate schools teaching hair design,
barbering, esthetics or nail technology:
(1) May include rules the board considers necessary to protect the
economic or physical health and safety of the public and of the students
attending the school including compliance with ORS 345.110.
(2) Shall include rules that set standards for teachers teaching in
schools licensed to teach hair design, barbering, esthetics or nail
technology pursuant to ORS 345.010 to 345.450.
(3) Shall require the schools to teach, and require for graduation
from the school, courses that meet the following minimum standards:
(a)(A) A minimum hourly training requirement for:
(i) Hair design, 1,450 hours;
(ii) Barbering, 1,100 hours;
(iii) Esthetics, 250 hours; and
(iv) Nail technology, 350 hours; and
(B) In addition to the programs listed in this subsection, a
student is also required to successfully complete the following
requirements once:
(i) Safety and sanitation, 150 hours; and
(ii) Career development, 100 hours.
(b) A student competency-based training requirement for hair
design, barbering, esthetics or nail technology, if the school has
developed written requirements for graduation that are approved by the
Superintendent of Public Instruction. [1977 c.886 §29; 1987 c.31 §14;
1989 c.333 §17; 1991 c.67 §86; 1993 c.45 §270; 1993 c.267 §20; 1995 c.79
§188; 1995 c.343 §18; 2005 c.117 §9]At the request of the Board
of Cosmetology, the Superintendent of Public Instruction shall determine
whether a person from out-of-state or out-of-country seeking a
certificate in hair design, barbering, esthetics or nail technology is
qualified to take the test of the Board of Cosmetology. A determination
shall be made by an evaluation of academic transcripts, apprenticeship
records and work experience documentation. If documentation is not
available, the superintendent may refer the person to a career school for
evaluation and recommendation. [1977 c.886 §33; 1987 c.31 §16; 1989 c.333
§19; 1993 c.267 §21; 1995 c.343 §19; 1999 c.425 §27; 2005 c.117 §10]Safety and sanitation inspections performed in schools
licensed under ORS 345.010 to 345.450 to teach hair design, barbering,
esthetics or nail technology shall be conducted by the Oregon Health
Licensing Agency. [1977 c.886 §34; 1987 c.31 §17; 1987 c.414 §150; 1993
c.45 §272; 1993 c.267 §22; 1995 c.343 §19a; 2001 c.104 §120; 2005 c.117
§11; 2005 c.648 §119] (1) In addition to the
fees required by ORS 345.080, before issuing any license under ORS
345.010 to 345.450 to a school teaching hair design, barbering, esthetics
or nail technology, and annually thereafter, the Department of Education
shall collect a nonrefundable annual inspection fee of $100.
(2) The inspection fee collected under subsection (1) of this
section shall be transferred to the Oregon Health Licensing Agency for
inspections performed under ORS 345.440. [1977 c.886 §35; 1987 c.31 §18;
1987 c.414 §151; 1989 c.333 §20; 1993 c.45 §273; 1993 c.267 §23; 1995
c.343 §19b; 2001 c.104 §121; 2005 c.117 §12; 2005 c.648 §120]PRIVATE ELEMENTARY AND SECONDARY SCHOOLS(Definitions) As used in ORS
345.505 to 345.575 unless the context requires otherwise:
(1) “Educational services” means instructional programs but does
not include programs limited solely to dancing, drama, music, religious
or athletic instruction.
(2) “Private school” means a private elementary or secondary school
operated by a person or by a private agency except as provided in ORS
339.030 (1)(c) or (d), offering education in prekindergarten,
kindergarten, or grades 1 through 12 or any part thereof. [1975 c.557 §1;
1979 c.271 §1; 1985 c.579 §4; 1989 c.619 §5; 1991 c.67 §87; 1993 c.45
§276; 1999 c.59 §92; 1999 c.717 §6](Registration) A school may be registered as
a private school with the Department of Education in the manner provided
in ORS 345.505 to 345.575. [1975 c.557 §2; 1993 c.45 §277] (1) The owner
or operator of a private school, or the superintendent or principal
thereof, may apply to the Department of Education for registration of the
school by submitting an application therefor on a form provided by the
department.
(2) In order to become registered, the applicant must demonstrate
to the satisfaction of the department that:
(a) The teachers in the applicant schools are possessed of those
qualifications necessary to establish the applicant’s fitness as a
teacher, but such qualifications shall not include the requirement that
teachers be licensed.
(b) The applicant and the school employees are qualified by
education and experience to provide instruction at the grade level or in
the program to which they are assigned.
(c) The facility at which the school is located and the operation
thereof are adequate to protect the health and safety of the children
enrolled therein, including but not limited to providing fire protection
and sanitation.
(d) The curriculum in prekindergarten, kindergarten and grades 1
through 12 shall be such that it will consider the goals of modern
education and the requirements of a sound, comprehensive curriculum with
particular emphasis on establishment of the highest practical standards,
and in secondary schools establishment of academic standards necessary
for students to qualify to attend community colleges and institutions of
higher education both within and without the State of Oregon. Courses
shall be taught for a period of time equivalent to that required for
children attending public schools in the 1994-1995 school year. [1975
c.557 §3; 1979 c.271 §2; 1993 c.45 §278; 1995 c.769 §3; 2005 c.22 §241] (1) In adopting criteria for the
registration of private schools, the State Board of Education shall take
into consideration the unique qualities of private education while
seeking to further the educational opportunities of students enrolled in
such schools.
(2) After consultation with the advisory committee appointed under
ORS 345.575, the State Board of Education shall establish by rule minimum
criteria for the registration of private schools.
(3) In establishing standards, the State Board of Education shall
comply with the rules of the State Fire Marshal and the Department of
Human Services relating to fire protection, health and sanitation. [1975
c.557 §4; 1989 c.491 §53](1) Upon receipt of an application
for registration, the Department of Education shall evaluate the private
school and shall register the school if it finds that the school is in
compliance with the requirements of ORS 345.525 and 345.535 and the rules
adopted pursuant thereto. The registration expires October 14 next
following its issuance. If the department refuses to register the school,
it shall notify the applicant and give its reasons for the refusal.
(2) Registration under ORS 345.505 to 345.575 is renewable annually
on or before October 15. Registration not renewed before October 15 shall
be considered lapsed and may only be renewed in the manner required for
initial registration. [1975 c.557 §5; 1979 c.387 §3](1) A registration issued under ORS 345.545 may be suspended
or revoked or renewal thereof denied if the Department of Education finds:
(a) The private school fails to comply with the requirements of ORS
345.525 and 345.535 and the rules adopted pursuant thereto.
(b) A false statement is made in the application for the
registration or any information or report required under ORS 345.505 to
345.575 or such information or report is not furnished when required.
(2) The procedures for suspension or revocation or for refusal to
issue or renew a registration under ORS 345.505 to 345.575 shall be
considered a contested case within the meaning of ORS chapter 183 and the
procedures applicable thereto shall apply to registrations under ORS
345.505 to 345.575. [1975 c.557 §6] Every registrant shall furnish
promptly such reports and information as the State Board of Education by
rule requires. [1975 c.557 §7](Advisory Committee) (1) An advisory
committee of seven members is established, to be appointed by the State
Board of Education, on recommendation of the Superintendent of Public
Instruction. Six members shall be selected from nominees of organizations
of private schools and other segments of private education. One
additional member shall be a lay person who is not associated with a
private school. Members shall serve for a term of four years. No member
is eligible to serve more than two terms consecutively.
(2) Members of the advisory committee shall receive no compensation
for their service.
(3) The advisory committee shall advise the board on minimum
criteria for private schools and on matters pertaining to the
administration of ORS 345.505 to 345.575. [1975 c.557 §8](Miscellaneous)Teaching experience in a registered private school, as defined in
ORS 345.505, or licensed career school, as defined in ORS 345.010, shall
apply to meeting the requirements of ORS 342.135 (3)(a), 342.136 and
342.138. [1975 c.557 §12; 1989 c.333 §23; 1993 c.45 §279; 1995 c.343 §20;
1997 c.383 §14]PENALTIES (1) Violation of any provision of ORS
345.020, 345.030, 345.070, 345.115 or 345.325 is a Class B misdemeanor.
(2) Representation by a private school, as defined in ORS 345.505,
that it is registered pursuant to ORS 345.505 to 345.575 when it is not
registered is a Class C misdemeanor. [Amended by 1975 c.478 §26;
subsection (2) enacted as 1975 c.557 §9; 1993 c.45 §280] (1) In addition to any other penalty
provided by law, any person who violates any provision of ORS 345.020,
345.030, 345.070, 345.115 or 345.117, or who engages in an unlawful trade
practice as defined by ORS 646.608 shall incur a civil penalty for each
violation in the amount prescribed by the schedule adopted under ORS
345.995.
(2) Civil penalties under this section shall be imposed as provided
in ORS 183.745. [1975 c.478 §23; 1991 c.734 §17](1) After consultation with the advisory committee
established under ORS 345.330, the State Board of Education shall adopt
by rule a schedule or schedules establishing the amount of civil penalty
that may be imposed for a particular violation of ORS 345.010 to 345.450.
No civil penalty shall exceed $500 per violation. The board shall consult
with the Attorney General before adopting the schedule of penalties for
violations of ORS 345.120 (2)(d).
(2) In imposing a penalty for violation of ORS 345.010 to 345.450
pursuant to the schedule or schedules authorized by this section, the
Superintendent of Public Instruction shall consider the following factors:
(a) The past history of the person incurring a penalty in taking
all feasible steps or procedures necessary or appropriate to correct any
violation.
(b) Any prior violations of ORS 345.010 to 345.450 or rules adopted
pursuant thereto.
(c) The economic and financial conditions of the person incurring a
penalty.
(3) The penalty imposed under this section may be remitted or
mitigated upon such terms and conditions as the superintendent considers
proper and consistent with the public welfare.
(4) The superintendent may impose penalties which may be remitted
or mitigated on condition that a particular violation not continue or
occur after a certain period not to exceed 15 days. [1975 c.478 §24; 1991
c.67 §88; 1993 c.45 §281] All penalties
recovered under ORS 345.992 shall be paid into the State Treasury and
credited to the General Fund. [1975 c.478 §25; 1989 c.706 §11; 1991 c.734
§18]
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